Law On The Compensation Of Professional Disadvantage For Victims Of Political Persecution In The Acceding Territory

Original Language Title: Gesetz über den Ausgleich beruflicher Benachteiligungen für Opfer politischer Verfolgung im Beitrittsgebiet

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Law on the compensation of professional disadvantage for victims of political persecution in the acceding territory (vocational rehabilitation Act - BerRehaG) BerRehaG Ausfertigung date: 23.06.1994 full quotation: "vocational rehabilitation act as amended by the notice of July 1, 1997 (BGBl. I S. 1625), most recently by article 2 of the law of December 22, 2014 (BGBl. I S. 2408) is has been modified" status: Neugefasst by BEK. v. 1 7.1997 I, 1625;
As last amended by article 2 G v. 22.12.2014 I 2408 for details on the stand number you see in the menu see remarks footnote (+++ text detection from: 1.7.1994 +++) the G as article 2 of the G v. 23.6.1994 I 1311 (SED-UnBerG 2) by the German Bundestag, with the consent of the Federal Council decided. It is accordance with art. 11 ABS 1 of this G mWv 1.7.1994 entered into force.
The first section general rules section 1 concept of the persecuted (1) who in the period from 8 May 1945 to October 2, 1990 1 as a result of the detention of wrongly suffered in referred to in article 3 of the Unification Treaty area (accession), 2 as a result of detention according to § 25 paragraph 2 sentence 1 No. 1 or 2 of the Criminal Rehabilitation Act, 3. sovereign measure pursuant to section 1 of the Administrative Rehabilitation Act or 4th by another measure in the acceding territory , if this has served the political persecution, at least temporarily learned his previously exercised, started, or the beginning of a job-related training detectable target still a socially equivalent professional exercise could (persecuted), is entitled to benefits under this Act.
(2) in the cases of paragraph 1 No. 1 to 3 must be established the period of detention suffered unjustly in a rehabilitation or cassation procedure or the period of detention in a certificate referred to in article 10 par. 4 of the prisoner Assistance Act or the cancellation or statement of the rule of law conformity of measures under the Administrative Rehabilitation Act have been made.

§ 2 tracking time is (1) tracking time 1 the period established pursuant to section 1 para 2 a detention suffered unjustly or a detention, as well as 2 the time in which the persecuted on the basis of a measure to section 1 para 1 No. 3 or 4 or as a result of a measure pursuant to section 1 para 1 No. 1 or 2 not exercised his previous or intended employment, or a lower income than from previous employment.
The tracking time pursuant to sentence 1 No. 2 with leaving the membership area, no later than upon expiration of the October of 2 1990 (2) the period ends, while those of persecuted has to represent work on professional disadvantage, there is no tracking time.

§ 3 tracked students (1) who in the period referred to in article 1, paragraph 1, as a result of a measure pursuant to section 1 para 1 No. 1 to 3 1 to education leading to university entrance was approved, 2. that could not continue studies at an educational institution leading to university entrance, 3 not to admitted a final examination for obtaining the qualification, 4 not to training at a college or university or 5 training at another as not education leading to university entrance could continue on services is entitled after the second section. Control over times of persecution as creditable periods in article 12, paragraph 2 shall apply.
(2) section 1, paragraph 2 shall apply accordingly.

Article 4 exclusion reasons services under this Act are not allowed if the persecuted has contrary to the principles of humanity or rule of law or serious degree abused its position to their advantage, or to the detriment of others.

§ 5 exclusion of claims other claims because of a political reasons were discrimination at work or in education are excluded, if they relate to liabilities in the meaning of article 135a para 2 of the basic law.
Second section of preferred training and retraining § 6 unemployment for professional training (1) victims of persecution who pursuant to § 81 paragraph 1 number 3 in conjunction with §§ 176 to 180 of the third book the social law for the promotion of legal measures of vocational training and not have entitled to unemployment benefit for vocational training under the third book of the social code, may request unemployment benefits for vocational training through corresponding application of section 144 of the third book of the social code.
(2) a victim of persecution on the basis of a participation in a measure to the professional further training and retraining before this law came into force para 2a of the labour promotion law in the version applicable up to 31 December 1993 received an allowance according to § 44, the loan request in a grant is converted as far as it is still not paid off on the day of submission.
(3) on the unemployment benefit for vocational training referred to in paragraph 1 are the provisions of the third, fifth and sixth book of social law and the income tax Act and other laws relating to unemployment benefit in vocational training or receiving this benefit, apply mutatis mutandis.

§ 7 reimbursement of victims of persecution, which measures approved under the provisions of the third book the social law for promoting continuing education training take part and applied for the training costs not stated in the third book of the social code, may request the training costs in appropriate application of sections 83 to 87 of the third book of the social code.
Third section section 8 compensation may (1) tracked according to § 1 para 1 residing or ordinarily resident in the territorial scope of this Act, which are particularly affected, in their economic condition eligibility request compensation amounting to 214 euros monthly. If the persecuted refers to a pension from the statutory pension insurance from private insurance, the compensation is 153 euros monthly.
(2) compensation are not allowed if the detected tracking time before the expiry of the October 2, 1990 ends in the certificate according to article 17 or article 18, unless the tracking time is more than three years. The granting of compensation referred to in paragraph 1 sentence 2 also requires that lies between the beginning of the age of the persecutions and the time from which to the persecuted refers to the pension, a period of more than six years.
(3) as its economic situation particularly affected is a victim of persecution, whose earning determined according to section 82, paragraph 1, sentence 1 and 2 and paragraph 2 of the twelfth book of the social code does not exceed the following relevant income limit: 1 for the persecuted even the basic amount according to § 85 para 1 No. 1, § 86 of the twelfth book social law, for its not permanently separated 80 per cent, and for each underage spouses living , belonging to the household child 50 per cent of the basic amount plus 2 of the cost of the accommodation, including the heating costs, in the actual amount.
When calculating income pursuant to sentence 1 income of both spouses is not permanently separated spouses to consider. For persons living in cohabiting, sentences 1 and 2 shall apply mutatis mutandis.
(4) exceeds the calculated income the relevant income limit to an amount, less is compensation of the persecuted as the amount of the compensation referred to in paragraph 1, in the amount of the difference.
(5) the compensation is paid monthly in advance, starting with the submission of the following month.

§ 9 compensation credit freedom, Unpledgeable (1) according to this section in benefits, the granting of income depends, not counted as income.
(2) the claim for compensation is nonforfeitable.
Fourth section compensation of disadvantages in the pension insurance first subsection General § 10 General the provisions of this section complement in favor of the persecuted the generally applicable pension regulations. Services are provided by this section upon request; in some cases, they may be provided also by virtue.
Second subsection pensions tracking periods as compulsory contribution periods for times of persecution, in which the tracked a employment substantiated insurance and contributions or self-employment because of prosecutions not exercised according to the regulations of the sixth book the social law § 11, apply mandatory contributions for employment or self-employment in the acceding territory as paid. Times are set 1 and compulsory contribution times, which were completed during a period of persecution, with the exception of the periods for which values to use are according to section 13, paragraph 2, sentence 1, total only insofar as contribution reduced times when a higher value resulting for the sum of all points of the remuneration.

§ 12 times of persecution as creditable periods (1) has the persecuted because a tracking measure his professional education or higher education can not complete, for the recognition of these times is considered crediting time as completed the training.
(2) is interrupted due to a tracking measure a school education, professional education or higher education, but later resumed and completed or started a new training and completed was, are the training periods as periods up to twice the prevailing maximum to recognise.

§ 13 charge points for tracking periods as compulsory contribution periods (1) for determining remuneration points for tracking time are the values resulting from the plants 1 to 16 of the foreign pensions law and 2. for periods after December 31, 1949 which resulting and increased by 20 per cent average earnings taken into account from the units 13 and 14 for the sixth book of the social code for a calendar year as contribution base 1 for periods prior to January 1, 1950. For times of persecution, would be continued the technical or university education up to the end of the regular, in which without the tracking, the pay points resulting from the overall performance evaluation for periods due to visit of a school or College are taken for each calendar month.
(1a) for each calendar month with tracking time is the monthly average of charge points for full mandatory contributions on the basis of insured employment or self-employment or for voluntary contributions in the last calendar year or, if this is more favourable, in the last three calendar years before the beginning of the persecution into account if this average pay point position results in a higher pension. In case of application of paragraph 2, but not more than are the resulting remuneration points to consider.
(2) for times of persecution during the period from January 1, 1977 to June 30, 1990 are considered contribution base for a calendar year more than not heard 1 which considers increased amounts of Appendix 16 to the sixth book of the social code, if the tracked at this time has made an actual income of more than 600 German marks monthly to 20 per cent and the voluntary supplementary pension insurance (FZR) , 2. the amounts referred to in number 1 twice taken into account, if the tracked a) as workers, an employee or member of a production cooperative or b) in the period after 30 November 1989 as a member who has colleges of lawyers in private practice independently worked and as its constantly assisting spouse an actual income of more than 1,200 German marks monthly active physician, dentist or veterinarian, freelance culture and artists, owner of craft - trade or commercial operation, freelance and other, and not for a contribution payment to the FZR for income over 1,200 marks monthly said.
Sentence 1 shall not apply if the persecuted at the beginning of track 1 has been in a technical or higher education, 2 the FZR has listened to, 3 has monthly declared for a contribution payment to the FZR for income exceeding 1,200 mark or the possibility to make of the Declaration has had at least 24 calendar months or 4 the FZR could not participate or the possibility of joining the FZR has had at least 24 calendar months.
(3) paragraph 2 is for the tracked, listened to an additional or special supply system (units 1 and 2 to the claim, and projected unit credit transfer law) or because a tracking measure are eliminated from an additional or special supply system during times of persecution does not apply. Referred to in paragraph 1 established the or arising from paragraph 1a by the values of annex 10 to the sixth book of the social code are shared contribution basis the provisions of the claim, and projected unit credit transfer law to apply.
(4) for each part period the corresponding proportion of the values will be applied to the paragraphs 1 to 3.
Third subsection pensions tracking times are times of persecution as a pension law times (1) according to the provisions of § 14 entry area as 1 hours of insurable work and 2 periods of contribution to the FZR, as far as they are not under the generally applicable rules of periods of insurance activity or contribution to the FZR.
(2) the times of persecution are 1 times of mining insurance, 2 periods of employment or self-employment in facilities of the health and social services according to the provisions of § § 46 and 47 of the pension regulation of 23 November 1979 (Coll. I no. 43 p. 401), 3. times of employment at Deutsche Post according to the postal service regulation of 28 March 1973 (Coll. I no. 25 S. 222) and the pension scheme of the German post office by May 31, 1973 , 4 times the employment by the Deutsche Reichsbahn after the railway Decree of 28 March 1973 (Coll. I no. 25 S. 217) and the pension scheme of the German Reichsbahn or 5 periods of employment in institutions according to the arrangement on the calculation of pensions of social security for certain categories of workers from the 12 April 1976 associated, if an employed or self-employed within the meaning of the numbers 1 to 5 is been exercised at the beginning of the persecution.

§ 15 average income in times of persecution (1) in the determination of insurance average income of the last 20 years before the end of the last insured activity are the post bases determined in accordance with article 13, to be divided by the values of annex 10 to the sixth book social law, no more than 600 mark monthly, based for times of persecution.
(2) in determining the average income insured through contributions to the FZR, the contribution basis determined in accordance with section 13, divided by the values of annex 10 to the sixth book of social law, to consider, as far as they exceed 600 mark monthly are for times of persecution.
(3) § 309 ABS. 1a of the sixth book of the social code finds appropriate application.
Fourth subsection transitional provisions § 16 is provided before 1 July 1994 a retirement pension benefits at the time of recognition as a victim of persecution by or entitled to a pension, is for the first time due to the recognition as a victim of persecution by the new pension for the period of reference, is at the earliest for the period from 1 July 1990, to afford.
Fifth section jurisdiction and procedure § 17 rehabilitation certificate and authority jurisdiction (1) is the proof that the requirements of § 1 para 1 or § 3 para 1 are and that exclusion reasons according to § 4 do not exist, to provide that at the request of the rehabilitation authority is granted by means of a certificate.
(2) rehabilitation authorities are built in the States of Berlin, Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia.
(3) shall be the rehabilitation authority of the country from whose territory the state tracking action came from October 3, 1990. Rehabilitation authorities in several countries are responsible, according to this, the authority that has been first petition with the thing decides.

Section 18 requires that a certificate referred to in article 17, paragraph 1 long period of time, can grant the rehabilitation authority as a basis for services after the second or third section or for the application of section 60, a provisional certificate of issue No. 1 of the Federal training provisional certificate of rehabilitation (1). This certificate has the information according to section 22 para 1 No. 1 to 3 or section 22 par. 2 Nos. 1 and 2 to include.
(2) in the cases of referred to in paragraph 1, the tracked property, or the pursuit as a student is to make credible. The rehabilitation authority may require insurance for this purpose in lieu of oath and take off.

§ 19 use of personal data personal data from a professional rehabilitation procedures may also for other procedures for the rehabilitation, reparation or granting of services after the prisoner Assistance Act so far as is necessary, processed and used.

Article 20 application (1) the application for the certificate referred to in article 17, paragraph 1 can be made by the persecuted, after his death by his survivors, if they have a legal interest in the submission of the.
(2) according to article 17, paragraph 1, and article 18, paragraph 1, the applications can be made until the expiry of the 31 December 2019. In the cases referred to in § 1, para. 2, the request can be placed according to § 17 para 1 also within six months after entry the nonrepudiation of the decision required under § 1 para 2.
(3) the request is in writing to make the rehabilitation authority. The deadline is considered protected, also if the application within the prescribed period with another domestic authority or to a German court is sent.

§ 21 contents of the application the application is supposed to contain 1. information concerning the person, 2. information on training and career, 3. a representation of the pursuit, 4. information on the extent of discrimination in education and profession, 5. the giving of evidence, as well as 6 a statement whether and where the applicant has previously made an application.

§ To contain 22 content of the receipt (1) who has certification in the cases of § 1 the following information: 1 the findings after § 1 ABS. 1, 2. confirmation that exclusion reasons are not available according to § 4, 3. beginning and end of the tracking period (§ 2), 4. duration of tracking-related interruption of a college or university studies prior to October 3, 1990, 5.
Information on a trade - not completed because of prosecutions or higher education or other work-related training, as well as the expected duration of this training up to the end of the regular, 6. information about the employment or self-employed activity, which would be exercised without the pursuit, including details of the a) performance group after Appendix 1 to 16 of the foreign pensions law for times of persecution prior to January 1, 1950, b) qualifying Group according to annex 13 and the area according to annex 14 to the sixth book of social code for times of persecution after the 31. December 1949, c) actual or given without the trace belonging to one for designating additional or special pension scheme and the particular activity or function, 7 information on an employment or self-employment at the beginning of persecution in one of the areas referred to in article 14 paragraph 2 or in terms of the miners pensions insurance.
(2) the certificate has to contain the following information in the cases of § 3: 1 the findings after § 3 ABS. 1, 2. the confirmation that exclusion reasons are not available according to § 4, 3rd period of detention suffered unjustly (§ 1 para 2) and duration of tracking-related interruption of training before October 3, 1990.
If the certificate is not required for submission to the authorities responsible for the implementation of § 60 of the Federal training, only the numbers 1 and 2 are required.
(3) the authorities responsible for the execution of the second to the fourth section and of section 60 of the Federal training are bound by the findings contained in the certificate.

Article 23 application deadline for services after the second and third section of application to benefits under the second or third section can be made until the expiry of the 31 December 2020. The request for services according to the third section is used also still within six months after the date from which the persecuted refers to a pension from the statutory pension insurance from private insurance.

§ 24 responsibility for services after the second and third section (1) services after the second section are from the federal employment agency as a body of the country in which the person concerned is domiciled, granted borrowed for this task.
(2) for the granting of compensation after the third section are the local winners of the social welfare (§ 3 para 2, paragraphs 98 and 99 para 1 of the twelfth book of the social code) responsible.

§ 25 administrative procedure (1) in proceedings before the rehabilitation authority are witnesses to testify and experts is obliged to render opinions. section 65 of the administrative procedure act shall apply mutatis mutandis.
(2) the data of the applicant to the tracked property (§ 1 para 1), tracking time (§ 2 para 1) and track as a student (section 3 para 1) can, be, based if evidence does not exist or not to procure or through no fault of the applicant or of the person from which he derives his rights, have been lost, the decision insofar as they appear credible. Under the conditions of sentence 1, the rehabilitation authority by the applicant may require insurance in lieu of oath in accordance with § 27 of the Administrative Procedure Act.
(3) unless otherwise determined under this Act, the provisions of the Administrative Procedure Act, the Administrative Service Act and of the administrative enforcement Act apply until the adoption of relevant national provisions.
(4) after the second and third section the first and tenth book of social security code relating to the proceedings. an amendment to this Act leads to a change of continually granted compensation according to § 8 paragraph 1, these are newly officio to determine. May be waived by a formal decision granting; excepted are cases are according to § 8 para 4.

Article 26 costs the administrative procedure before the rehabilitation authorities including the opposition procedure is free of charge. A motion during the administrative procedure or a contradiction as manifestly unfounded rejected, so the costs can be imposed on the applicant.

§ 27 legal process (1) in proceedings under this Act is the way of administrative law. The appeal against a ruling and the appeal against another decision of the Administrative Court are excluded. This does not apply Article 17a, paragraph 2 and 3 of the judicial organisation Act complaint against the non-admission to the revision after 135 section in conjunction with section 133 of the regulation of the Administrative Court and the appeal against decisions of the legal process. § 17a para 4 sentence 4 to 6 of the Judicature Act according to application takes on the appeal against the decisions of the legal process.
(2) as far as the Federal Agency for work or the carrier of the Pension Insurance Act for the implementation of this law, the courts of the social courts decide about public disputes.
Sixth section charges article 28 costs of services after the second section (1) of the expenses incurred by cash benefits to the second section, the countries carries the Federal Government 60 per cent.
(2) administrative costs will not be refunded.

Section 29 of 60 per cent Federal expense for services according to the third section of the expenses incurred by services to the third section, the countries.
Seventh section transitional provisions article 30 (dropped out)