Second Law Amending The Federal Compensation Law

Original Language Title: Zweites Gesetz zur Änderung des Bundesentschädigungsgesetzes

Read the untranslated law here: http://www.gesetze-im-internet.de/begschlg/BJNR013150965.html

Second law amending the federal compensation law (BEG Final Act) BEGSchlG Ausfertigung date: 14.09.1965 full quotation: "BEG-final act of 14 September 1965 (BGBl. I S. 1315), by article 2 paragraph 4 of the Act of August 30, 1971 (BGBl. I S. 1426) has been changed" stand: amended by article 2 para 4 G v. 30.8.1971 I 1426 for details on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 1.1.1972 +++) input formula the Bundestag approved the following law with the consent of the Bundesrat: type I - type II - type III transitional provisions 1 (1) is a legitimate due to the change in article I no. 1, 2, 3, 10, 87 and 94 this Act for the first time a claim compensation to, so he can make a claim for compensation until September 30, 1966. The same is true as far as justified due to the change in article I no. 6, 11 and 93 of this Act an individual entitled to compensation for the first time.
(2) Article 189, paragraph 2 and 3, Article 189a par. 2, §§ 189 b and 190a BEG find appropriate application; However claims that already have confessed to the party entitled to under current law can be asserted on the basis of paragraph 1.
(3) in the cases of paragraph 1 the nonrepudiation the legal force of an earlier decision of a new decision on the claim for compensation does not preclude or.
(4) paragraphs 1 to 3 are in the cases of referred to in article I no. 21 letter a, 32, 105, 111, 112 and 113 of the corresponding application.
(5) in the cases of referred to in article I no. 21 letter a ends the application deadline at the earliest 6 months after announcement in accordance with § 42 ABS. 2 BEG issued Decree.
2. (1) further entitled to a legitimate due to the change in article I of this law, as he by unquestionable decision or valid court granted to him before announcing this law after the Federal supplementary law for the compensation of victims of National Socialist persecution (Federal supplementary law) or the federal compensation law, within the deadline referred to in point 1 May 1 this claim in that regard re-login.
(2) a renewed registration in accordance with paragraph 1 may also be done, if the decision only within a period of three months after the promulgation of this law, be final or if the Court decision is only valid within a period of three months after the promulgation of this law.
(3) when deciding on the claim, the compensation bodies the findings are bound, on which is based the unassailable ruling issued prior to promulgation of this Act or the final judicial decision.
(4) as far as the federal compensation law in the version of article I of the law depending on makes the existence or the amount of the claim, its transferability or the existence of a right to vote for claims for damages in the professional advancement of the conditions at the time of the decision, is to assume the conditions on which the previous decision is based.
(5) number is 1 para 2 to 5 shall apply.
(6) is one in promulgating this law no decision was given in proceedings, then the claim is in accordance with article I of this Act to be set.
3 compensation prior to promulgation of this Act by comparison, waiver or settlement has been fixed after the Federal supplementary law or the federal compensation law and a further as the existing regulations according to are entitled the legitimate due to the change in article I of this law, so the person entitled may challenge the regulation 1 para 1 within the time limit of the number by declaration to the competent authority of the compensation. Number is 1 para 2, 4 and 5 shall apply.
4. (1) a choice right first the legitimate due to the change in article I of this law for claims for damages in the vocational progress, so ends the period to exercise the option on September 30, 1966. In the cases where the claim to compensation for capital only has been awarded after the promulgation of this law, it remains at the period of § 84 BEG.
(2) a right to vote was the legitimate according to existing regulations for claims for damages in the professional advancement and the unelected compensation increases due to the change in article I of this act he may require them 1 para 1 by declaration to the competent authority of the compensation within the time limit of the number.
(3) the persecuted before the Declaration passed away 1 paragraph 1 pursuant to paragraph 2 within the time limit of the number, so can the widow or under the conditions of section 17 para 1 No. 2 BEG of the widower in accordance with § § 86, 98 BEG the unelected by declaration to the competent authority of the compensation claim compensation, if the widow or widower of himself persecuted or from the persecution of the deceased victims with is affected. § 86 para 5 BEG finds appropriate application.
5. in the cases of section 86 or 98 § BEG compensation in the amount of pensions a year paid prior to promulgation of this law of the widow, the widower or the children and the widow, widower, or children due to the change in article I of this law now receive a pension after § 85a or § 97a BEG, the compensation in the amount of the pensions of the year on the claim of the heirs of the victims on the sum of the lagging pension amounts will be applied.
6 (1) is no. 66 in the cases of referred to in article I (section 114 para 2 BEG) and no. 67 (§ 114a BEG) prior to promulgation of this law the victims compensation for damage in training according to §§ 116 to 118 BEG have been paid, this is BEG on the claim according to § 114 section 2 and section 114a credit.
(2) in the cases of referred to in article I is no. 83 (§ 142 BEG) prior to promulgation of this Act of a society of civil law have been paid compensation for damage to property or assets, this is so on the appropriate compensation of the individual partners for damage to property or assets in accordance with their share of the exploration to be.
7 an application for compensation in a country is in promulgating this law pending, the compensation bodies of this country for the claims of the applicant remain responsible under the federal compensation act as amended by this Act article. This does not apply in the cases of § 185 paragraph 6 BEG.
8. (1) as far as prior to promulgation of this law claims by decision or valid legal action have been set by legitimate, it retains leave this in favour of the beneficiaries.
(2) paragraph 1 does not apply if in determining claims the previous provisions on the coincidence of claims (articles 120 to 122 BEG) obviously have been left aside; Also, paragraph 1 shall not apply in the cases of paragraph 125a of the BEG. The compensation authority is entitled, within a period of one year after the promulgation of this law in accordance with the sections 141d to issue a new notice about these claims BEG or section 125a of the BEG 141 k.
9. (1) the reduction, the resting or withdrawing a pension pursuant to the existing regulations is aimed according to the regulations of the federal compensation law in the version of article I of this law.
(2) in cases of §§ 141d-141 k BEG pensions according to the previous rules granted to the entitled person not be increased as long as, when your total exceeds the sum of pensions under the federal compensation act as amended by this Act article due to the person entitled.
10. in the case of article I no. 77 following transitional provisions shall apply: unless a the in section 138 BEG those provisions before the entry into force of article I employee no. 77 request because time has been rejected, is one which again in section 1288, paragraph 2 of the Reichsversicherungsordnung, section 65, subsection 2 of the Angestelltenversicherungsgesetzes or article 88 2 of the Kingdom Associations Act persons referred to at the request of the person entitled or, if he is deceased, decide , if this application within the half-second sentence of § 138 BEG period is made. A further decision of its own motion is not excluded. The new decision does not preclude that the earlier decision on the application has become binding or valid.

Type IV approximation is 1 (1) prior to promulgation of this Act after the Federal supplementary law or the federal compensation law over a claim for damage to body or health or a claim for damages in the vocational progress been by unquestionable decision or valid court decided, shall at the request of the person entitled again about this claim to decide a) if the entitlement to pension for damage to body or health due to medical reasons the imposed has been rejected , b) as far as the claim for damages in the vocational progress has been rejected or found in the lesser amount because the purchasing power of foreign currency has been assessed according to principles in determination of income, scored by the persecuted abroad, which are contrary to the legal opinion represented by the Bundesgerichtshof in settled case-law.
(2) as far as prior to promulgation of this Act after the Federal supplementary law or the federal compensation law entitled of a Gypsy because of persecution for reasons of race has been rejected by unquestionable decision or valid legal action on the grounds, that for the period from December 8, 1938 to March 1, 1943 the requirements of §§ 1 and 2 BEG are not given, so is at the request of the person entitled to decide again on this claim.
(3) as far as prior to promulgation of this Act after the Federal supplementary law or the federal compensation law a claim for damage to life, or for damage to body or health has been rejected by unquestionable decision or valid court reasoned, that during one or in the aftermath of a detention within the meaning of section 43, subsection 1, sentence 2 No. 2 BEG incurred damage not is prompted by National Socialist violence measures , is at the request of the person entitled to decide again on this claim.
(4) the application on another decision is pursuant to paragraphs 1 to 3 until September 30, 1966, to the competent authority of the compensation. Article III No. 1 finds appropriate application para. 2 and 3 of this Act.
(5) the claim is according to the regulations of the federal compensation law in the version of article I of this Act to be set. While the compensation bodies the findings are bound, on which is based the earlier decision. Article III No. 2 applies paragraph 4 and no. 4 of this Act appropriate.
(6) as far as the claim by decision or valid court is set, it retains leave this for the benefit of the person entitled.
2. has the entitlement to compensation been fixed prior to promulgation of this Act after the Federal supplementary law or the federal compensation law by comparison, waiver or settlement, so number is 1 application under the condition that the beneficiary can challenge this arrangement until September 30, 1966 by declaration to the competent authority of the compensation.
3. § 172 BEG finds appropriate application.

Type V arrangements for interregional persecuted groups 1 (1) of the persecuted, the freedom for a period of at least six months has been withdrawn (section 43 BEG) or receives a sustainable reduction of earning capacity at the time showed decision to at least 80 per cent, from a special fund to be built in accordance with the resources of this Fund aid. The same applies to the widow of a persecuted which has suffered loss of life (§ 15 BEG), as well as for the widower of a persecuted under the conditions of sections 15, 17 para 1 No. 2 BEG. in these cases, aid is granted only if the widow or widower is not married.
(2) an aid from the Special Fund to be built also the persecuted who has worn the yellow badge for a period of at least six months or lived under inhumane conditions in the illegality receives (§ 47 BEG). A claim on this aid not exist if the persecuted will receive a grant referred to in paragraph 1.
(3) the Special Fund Deutsche mark is equipped with a total of 1,200 million.
(4) entitlement to a benefit is only if the applicant a) neither the conditions of § 4 BEG even the General requirements of § § 150 or 160 BEG meets and b) on 31 December 1965 residence or permanent abode outside the section 1 para 2 areas referred to in no. 3 of the Federal Refugees Act and has outside the Soviet zone of occupation and the Soviet-occupied sector of Berlin.
(5) aid shall be granted if the applicant a) due to the support by another State or intergovernmental organization not entitled to compensation according to § 160 BEG has or b) belongs to a group of people, in whose favor treaties or agreements on global reparations closed the Federal Republic of Germany have been, or c) on December 31, 1965 national one is no. 3 of the Federal Refugees Act of State referred to in article 1 paragraph 2 , except that he was a refugee within the meaning of the Geneva Convention of 28 July 1951 before that date.
(6) the basic amount of the aid referred to in paragraph 1 sentence 1 is 2,000 German mark. The basic amount increased to 2,500 German marks if the persecuted in promulgating this law has reached the age of 65.
(7) the basic amount of the aid referred to in paragraph 1 sentence 2 is 3,000 German mark. He increased to 5,000 Deutsche mark, when the widow or the widower is been deprived of freedom for a period of at least one year.
(8) the aid amounts to 1,000 Deutsche mark referred to in paragraph 2.
(9) the aid referred to in paragraph 2 and the basic amounts of aid under paragraphs 6 and 7 are due immediately after fixing.
(10) to the basic amounts referred to in paragraph 6 and 7 following increasing amounts will be paid: a) simple amount of increment in a detention by one year up to two years or a sustainable reduction of earning capacity at the time of the decision to at least 80 per cent, b) double amount of increment for a detention of more than two years up to three years, c) triple amount of increment in a detention for more than three years to four years , d) fourfold increase in amount at a detention of more than four years, e) five-time increase amount for damage to living under the conditions of paragraph 1 sentence 2 (11) in the cases of paragraph 10 can be claimed only one of five increments.
(12) the amount of the increase, which will be paid according to paragraph 10, is determined according to the ratio of the Fund amount remaining after payment of the basic amounts referred to in paragraphs 6 and 7 and the aid referred to in paragraph 8 to the total number of observed increments. Here are the amounts which are dispute-locked through recourse to the courts for compensation to take into account adequately.
(13) the Federal Government is authorized to establish the final amount of the increase by a regulation. It is entitled, to determine how to distribute the remainder of the Fund amount to beneficiaries of the completion of proceedings in the courts of the Compensation Ordinance; This can be provided to spread the remaining amount not to everyone, but only to such recipients by increasing amounts, which have suffered a particularly severe damage to body or health.
2. (1) the entitlement to the aid is neither transferable nor hereditary.
(2) the beneficiary died after the promulgation of this law, so entitled on the aid referred to in point 1 para 1 sentence 1 and 2 his or her spouse and in case of death the children of persecuted too; in the case of the number 1 para 1 sentence 2 is the entitlement to the aid to the children of the deceased victims.
3. (1) sections 6, 7 and 238a BEG find appropriate application.
(2) § 10 para 1 sentence 1 BEG finds with the proviso application, that also services due to the federal compensation law on the aid to offset. Arises after payment of the aid, that entitled to the persecuted under the federal compensation law, the aid on this is so into account.
4. (1) the compensation authorities of North Rhine-Westphalia are responsible for the granting of the aid. The procedure shall be determined in analogous application of the ninth section of the federal compensation law.
(2) applications for the grant of aid must be up to September 30, 1966, to the competent authority of the compensation. The request that should contain designated information in § 190 BEG. Missing information not obtained after after prompt within a period of three months, the request as inadmissible may be refused.
5. (1) section 172 BEG finds appropriate application.
(2) Type VI arrangements for national victim 1 (1) have persons who are under the National Socialist tyranny on grounds of their nationality in violation of human rights and he was been refugees within the meaning of the Geneva Convention of 28 July 1951 to October 1, 1953, entitled to compensation for any lasting damage to body or health. For reasons of nationality, one is damaged where belonging to a foreign State or a non-German Volkstum wholly or substantially has made the reason for the adverse action. Insofar as no other reasons for the measure damaged made in disregard of human rights are clear, 1 and 2 is believed in the Group of persons according to the rates that the damage on grounds of nationality is done.
(2) entitlement to compensation referred to in paragraph 1 is only if the earning capacity of the injured party at the time of the decision is impaired due to the damage to at least 25 per cent and probably not much will mend. Article 28, paragraph 1, sentence 2 and paragraph 2 finds appropriate application BEG.
(3) as compensation to be paid: 1 healing procedures, 2. pension, 3. capital compensation.
(4) the compensation is provided in accordance with sections 30 to 37 DV-BEG BEG and the corresponding regulations of the 2nd. The entitlement to the capital compensation only for the period from 1 January 1949 on.
(5) the entitlement to compensation under paragraph 3 is not hereditary. The claim to the ongoing pension is non-transferable.
(6) the victim died after amtsärztlicher or vertrauensärztlicher determination of injury-induced permanent damage to body or health, thus entitled his or her spouse on the sum of the lagging pensions and on the capital compensation and the children of the injured party in the event of his death.
2. of the compensation is excluded, who has committed a crime against peace, a war crime or a crime against humanity within the meaning of international agreements 1.
2. a heavy nichtpolitisches outside of the host country has committed crimes before he is; there have been recorded as a refugee
3. acts has can wrong, which run contrary to the purposes and principles of the United Nations.
3. (1) sections 6 to 9, 11, 12, 14 and 238a BEG find appropriate application.
(2) § 10 para 1 sentence 1, paragraph 3 to 5 BEG applies with the proviso, that also services on the basis of the federal compensation law and on the basis of article 1 of the Convention of October 5, 1960, between the Government to calculate the Federal Republic of Germany and the High Commissioner of the United Nations for refugees on claims referred to in this article are.
4. (1) persons who have been damaged in accordance with point 1 of may due to this damage a one-off benefit until the amount of 6,000 Deutsche mark be granted when a claim is ruled out for number 1, because the injured party a) only after the 1 October 1953 refugee within the meaning of the Geneva has become Convention of 28 July 1951 or b) before October 1, 1953 as a refugee within the meaning of the Geneva Convention of 28 July 1951 after the damage has acquired a new nationality.
(2) number 1 para 5 and 6, numbers 2 and 3 as well as article V No. 1 para. 4 (b) and paragraph 5 letter c of this law can find appropriate application.
5. (1) compensation is payable only upon request. The application is up to September 30, 1966, the Federal Administrative Office in Cologne.
(2) § find 189 para 3 and § 190a BEG mutatis mutandis.
6 a renewed request to number 5 paragraph 1 need not, if a) is been announced a claim to compensation on the basis of the federal compensation law in the previous version or an application already made on the basis of article 1 of the Convention of October 5, 1960, between the Government of the Federal Republic of Germany and the High Commissioner of the United Nations for refugees and b) this claim or application to promulgation this Act not by means of an unchallengeable decision or valid court decided has been.
The compensation also in these cases in accordance with this article.
7. for the conduct of the proceedings of the ninth section of the federal compensation law with the proviso applies corresponding compensation authority is the Federal Administrative Office in Cologne, Germany, and focuses on compensation claim against the Federal Republic of Germany.
8. upon entry into force of this article, is a procedure on the basis of article 1 of the on October 5, 1960, between the Government of the Federal Republic of Germany and the High Commissioner of the United Nations for refugees of agreement a Court of administrative justice is pending, the procedure at first instance court number 7 is to submit, which decides in accordance with this Act.
9. the compensation expenses to be paid pursuant to this article are borne by the Federal Government.

Completion of proceedings if a dispute under this act done, court costs not levied type VII costs Tragung. Each Party shall bear their extrajudicial expenses.

Type VIII degree of compensation (1) after 31 December 1969 can be no longer registered claims under the federal compensation law, and according to this law. This does not apply to the right to reimbursement of the cost of a healing process for recognized as trace conditional damage to body or health according to § 29 No. 1 BEG and article VI No. 1 para 3 No. 1 of this Act, if the healing process first after December 31, 1968 has been carried out is, as well as for the right to supply the survivors according to § 29 No. 6 BEG. § 206 BEG remains unaffected.
(2) paragraph 1 sentence 1 shall apply also in cases of §§ 90, 165 and 171 BEG, as well as in the cases of article V and article VI No. 4 of this Act.

National Socialist injustice in the criminal justice, reparation legislation which provide for a time limit for the submission of the application for annulment of criminal decisions, contact type IX restitution in the criminal justice (1) as far as override.
(2) arises after the national legislation nor the jurisdiction Amendment Act of 7 August 1952 (Bundesgesetzbl. I S. 407) a jurisdiction within the territorial scope of this Act, the Criminal Division of the District Court or the Assize Court is responsible, in whose district the offender at the time of the promulgation of this law is domiciled or established after the promulgation of this law for the first time. The convicted person is domiciled outside the scope of this law, the competent court is determined by the Federal Court.
(3) a request for a criminal decision be set aside under the legislation referred to in paragraph 1 only due to expiry of a specified period of time been rejected, so this decision of the admissibility of a new force does not preclude. The same applies if a request due to lack of jurisdiction has been rejected in the cases regulated in paragraph 2.

Type X - type XI validity in the Federal State of Berlin (1) this Act applies in accordance with § 13 ABS. 1 of the third of transfer Act by January 2, 1952 (Bundesgesetzbl. I p. 1) also in the Federal State of Berlin.
(2) regulations, which are adopted on the basis of this Act, apply in the Federal State of Berlin according to § 14 of the third of transfer Act.

Type XII entry into force it enter into force 1st article I no. 1, 2, 6, 7 (article 10, paragraph 1, 3 and 4), no. 8, 10 (§ 13 para 5), no. 11, 17, 18 (§ 26 para 2 sentence 2), no. 21, 23, 24, 26 letter b, no. 27 to 29 (§ 41 para. 1 and 2), no. 32, 34 to 41, 44 to 47, 48 letter a , No. 50 letters a and b, no. 51 (§ 85 a para 1, 2, 3 sentences 1 and 2), no. 56, 59 to 61, 63 to 67, 69 to 71, 74 letter a set of 2 and 3, no. of 79, 80, 82 to 85, 87 to 89, 91 points a and c, no. 92 to 95 letter b, no. 97, 99 (§ 166 a), no. 103 letter a sentence 1 and 2 , No. 107, 109 letters b and h, no. 110, 118, 129 and 130 with effect from October 1, 1953;
2. Article II with effect from April 1, 1956;
3. Article I no. 12 letter a with effect from April 1, 1957;
4. Article I no. 31 Letter c second half-sentence, with effect from January 1, 1961;
5. Article I no. 7 (§ 10 par. 5) with effect from June 1, 1962;
6. Article I of no. 3 to 5, 7 (§ 10 par. 2), no. of 9, 10 (§ 13 para 4), no. 12 b, no. 13 to 16, 18 (§ 26 para 2 sentence 1), no. 19, 20, 22, 25, 26 letter a, no. 29 (§ 41 para. 3), no. of 30, 31 letters a, b and c first half-sentence, no. 33, 42, 43, 48 letter b , No. 49, 50 letter c, no. 51 (§ 85a para 3 sentence 3), no. 52 to 55, 57, 58, 62, 68, 72 and 74 letter a sentence 1, letter b, no. 75 to 78, 81, 86, 90, 91 letter b, no. 95 letter a, no. 96, 98, 99 (§ § 166b, 166c), no. 100 to 103 letter a sentence 3, letters b, c and d , No. 104 to 106, 108, 109 letter a, no. 111 to 117, 119 and 128 and 131, article III to IX, XI to the days of the promulgation of this law;
7. Article X on the first of the month following the promulgation of this law.

Closing formula that has Federal Government the foregoing law pursuant to article 113 of the Constitution required consent given.