Law on the compensation of occupational disadvantages for victims of political persecution in the accession area (Vocational Rehabilitation Act-BerRehaG)

Unofficial table of contents

BerRehaG

Date of completion: 23.06.1994

Full quote:

" Occupational Rehabilitation Act as amended by the Notice of 1 July 1997 (BGBl. I p. 1625), most recently by Article 2 of the Law of 22 December 2014 (BGBl. I p. 2408)

Status:	New by Bek. v. 1. 7.1997 I 1625;
	Last amended by Art. 2 G v. 22.12.2014 I 2408

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.7.1994 + + +) 

  

The G was decided as Article 2 of the G v. 23.6.1994 I 1311 (SED-UnBerG 2) by the Bundestag with the consent of the Bundesrat. It's gem. Art. 11 Abs 1 of this G mWv 1.7.1994 entered into force.

First section
General provisions

Unofficial table of contents

§ 1 Concept of the persecuted

(1) Who in the period from 8 May 1945 to 2 October 1990

1.

as a result of a deprivation of liberty which was wrongly suffered in the territory referred to in Article 3 of the Treaty of Accession (accession area),

2.

as a result of a detention in accordance with Section 25 (2) sentence 1 (1) or (2) of the Criminal Law Rehabilitation Act (criminal law),

3.

by a sovereign measure in accordance with § 1 of the Administrative Rehabilitation Act or

4.

by another measure in the accession area, if it has served the political persecution,

could not, at least temporarily, be able to pursue his or her previously pursued, started, learned or, by the beginning of a career-related training, still pursue a socially equivalent profession (persecuted person), is entitled to benefits in accordance with (2) In the cases referred to in paragraph 1 (1) (1) to (3), the period of undue deprivation of liberty in a rehabilitation or cassation procedure, or the period of detention, must be provided in a certificate pursuant to Article 10 (4) of the Prisoner assistance act, or the repeal or determination the unlawful nature of the measure has taken place in accordance with the law on the administrative rehabilitation of the country. Unofficial table of contents

§ 2 Tracking period

(1) Time tracking is

1.

the period of undue deprivation of liberty or detention, as determined in accordance with Article 1 (2), and

2.

the period during which the person persecuted under a measure pursuant to section 1 (1) (3) or (4) or as a consequence of a measure pursuant to section 1 (1) (1) or (2) did not exercise his previous or a sought-after gainful employment or had a lower income than from the have been in employment so far.

The period of persecution as set out in the first sentence of 1 (2) shall end with the departure of the accession territory, at the latest by the end of 2 October 1990. (2) The period during which the person being persecuted shall be responsible for the continued existence of a professional disadvantage shall not be Tracking time. Unofficial table of contents

§ 3 Persecuted Pupils

(1) Who in the period referred to in § 1 (1) (1) as a result of a measure pursuant to § 1 (1) (1) (1) to

1.

has not been admitted to an educational institution leading to higher education,

2.

was unable to continue training at an educational institution leading to higher education,

3.

not to carry out a final examination in order to obtain the university entrance qualification,

4.

has not been approved for training at a technical or university level, or

5.

has not been able to continue training at an educational institution other than a higher education institution,

shall be entitled to benefits after the Second Section. The regulation concerning the periods of persecution as a time of settlement in § 12 para. 2 shall apply. (2) § 1 para. 2 shall apply accordingly. Unofficial table of contents

§ 4 Exclusion grounds

Benefits under this Act shall not be granted if the person being persecuted violates the principles of humanity or the rule of law or has seriously abused his position for his own advantage or to the detriment of others. Unofficial table of contents

§ 5 Exclusion of claims

Other claims for reasons of political disadvantage in the profession or in the training are excluded if they relate to liabilities within the meaning of Article 135a (2) of the Basic Law.

Second section
Preferred vocational training and retraining

Unofficial table of contents

§ 6 Unemployment allowance for continuing vocational training

(1) Persecuted persons who, pursuant to § 81 (1) (3) in conjunction with § § 176 to 180 of the Third Book of the Social Code, participate in the promotion of professional continuing training measures and who are entitled to unemployment benefit in the case of In accordance with the Third Book of the Social Code, they do not receive, upon application, unemployment benefit in the case of continuing vocational training in the appropriate application of § 144 of the Third Book of Social Code. (2) Has a persecuted person on the ground participation in a vocational training and retraining measure When this Act enters into force in accordance with Article 44 (2a) of the Employment Promotion Act in the version valid up to 31 December 1993, the loan shall be converted into a grant on application to the extent that it is valid on the day of the (3) The unemployment benefit for continuing vocational training referred to in paragraph 1 is the provisions of the third, fifth and sixth books of the Social Code, as well as the Income Tax Act and other laws, which are the unemployment benefit in the case of continuing vocational training or recipients of that benefit, shall apply accordingly. Unofficial table of contents

Section 7 Repayment of costs

Persecuted which take part in vocational training measures approved under the provisions of the Third Book of the Social Code for the Promotion of Continuing Education and which do not cover training costs according to the Third Book of Social Law , upon request, the training costs shall be reimbursed in the appropriate application of § § 83 to 87 of the Third Book of Social Code.

Third Section
Compensation

Unofficial table of contents

§ 8 Claims requirements

(1) In accordance with § 1 (1) of the Act, with residence or habitual residence within the scope of this Act, which are particularly affected in their economic situation, compensation benefits of 214 euros per month shall be received upon application. If the person persecuted relates to a pension from the statutory pension insurance from his own insurance, the compensation amounts to 153 euros per month. (2) Compensation benefits shall not be granted if those in the certificate according to § 17 or § 18 the period of persecution identified shall end before 2 October 1990, unless the time of the persecution is more than three years. The granting of compensation in accordance with the second sentence of paragraph 1 also presupposes that between the beginning of the period of persecution and the date on which the person concerned is receiving the pension, a period of more than six years shall lie. (3) As in his the economic situation is particularly affected by a persecuted person whose income earned in accordance with the first and second sentences of Article 82 (1) and (2) and (2) of the Twelfth Book of Social Code does not exceed the following relevant income limit:

1.

for the persecuted himself the basic amount according to § 85 (1) No. 1, § 86 of the Twelfth Book of the Social Code, for his non-permanently separated spouses 80 of the hundred and for each minor, child 50 of the hundred of the Basic amount plus

2.

the cost of accommodation, including heating costs, in actual amount.

In the case of income determination in accordance with the first sentence, the income of both spouses shall be taken into account in the case of spouses who are not permanently separated. In the case of persons living in the similar Community, the rates 1 and 2 shall apply. (4) The income determined shall be higher than the relevant income limit by an amount less than the amount of the compensation referred to in paragraph 1, (5) The compensation shall be paid monthly in advance, starting with the month following the submission of the application. Unofficial table of contents

§ 9 Freedom of account, incapacity

(1) Compensation benefits under this Section shall not be counted as income in the case of social benefits, the granting of which is contingent on income. (2) The entitlement to the compensation shall be unpalpable.

Fourth Section
Compensation for disadvantages in pension insurance

First subsection
General

Unofficial table of contents

§ 10 General

The provisions of this section supplement the general rule of law in favour of the persecuted. Benefits under this section shall be provided on request; in individual cases, they may also be provided by officals.

Second subsection
Pensions in accordance with the provisions of the Sixth Book of Social Law

Unofficial table of contents

§ 11 Time of pursuit as compulsory contribution periods

In the case of persecution periods in which the person persecuted has not exercised a job or self-employed activity based on insurance or contribution to the person concerned on the grounds of persecution, compulsory contributions shall apply to employment or to self-employed persons. Activity in the accession area as paid. Periods in accordance with the first sentence and the periods of compulsory contribution which have been completed during a period of persecution shall apply, with the exception of the periods for which the values are based on the first sentence of Article 13 (2), in total only in so far as the periods of contribution have been reduced, as a higher value for the sum of all pay points. Unofficial table of contents

§ 12 Tracking periods as settlement times

(1) If the person being persecuted has not been able to complete his or her technical education or university education, the training for the recognition of those periods shall be deemed to be an accounting period. (2) The training periods as a result of a training course, secondary education or higher education, but subsequently resumed and completed, or a new training commenced and completed, are the training periods as recognition of the maximum period of time up to double the maximum duration. Unofficial table of contents

§ 13 Points of remuneration for periods of persecution as compulsory contribution periods

(1) For the purpose of determining pay points for tracking times, the basis for the contribution assessment shall be a calendar year.

1.

for periods before 1 January 1950, the values resulting from Appendixes 1 to 16 of the Foreign Rights Act; and

2.

for periods after 31 December 1949, the average earnings resulting from Appendices 13 and 14 to the Sixth Book of the Social Code and by 20 of the hundred.

. For periods of persecution in which, without the pursuit of the pursuit of higher education or higher education, it would have been continued until the end of the period, the total performance assessment for each calendar month shall be based on the (1a) For each calendar month with a period of persecution, the monthly average of pay points for full-fledged compulsory contributions on the basis of a insured person shall be taken into account. Employment or self-employment, or voluntary contributions in the last The calendar year or, if it is more favourable, in the last three calendar years prior to the start of the persecution, if this average pay-point position results in a higher pension. However, in the case of the application of paragraph 2, account shall not be taken of any of the resulting charges. (2) For the periods of persecution between 1 January 1977 and 30 June 1990, the basis for the assessment of contributions shall be: Calendar year maximum

1.

which is taken into account by 20 of the hundreds of increased amounts of Annex 16 to the Sixth Book of Social Code, when the persecuted person has achieved an actual income of more than 600 Marks per month during that period and the Voluntary Supplementary Pension Insurance (FZR) has not been consulted

2.

the amounts referred to in point 1 shall be taken into account twice if the person concerned

a)

as a worker, an employee or a member of a production cooperative, or

b)

in the period after 30 November 1989, as a member of the colleges of lawyers, in his own practice, a doctor, a dentist or a veterinarian, a freelance cultural and artistic practitioner, a craft or craft trade company, freelancers and other self-employed persons, as well as their permanently working spouse

an actual income of more than 1,200 marks per month has been achieved and has not been declared monthly for a contribution payment to the FZR for the income of more than 1,200 marks.

Sentence 1 shall not apply if the persecuted person at the beginning of the persecution

1.

has been in a specialized school or university education,

2.

of the FZR,

3.

declared a monthly contribution to the FZR for the income of more than 1,200 Marks per month, or has not had the opportunity to submit the declaration at least 24 calendar months, or

4.

the FZR has not been able to belong to the FZR or has not had the possibility of accession to the FZR at least 24 calendar months.

(3) Paragraph 2 is applicable to those persecuted who, during periods of persecution, have belonged to a supplementary or special supply system (Appendices 1 and 2 to the Claim and Anwartschaftsüberduction Act) or because of a prosecutions measure from an additional or special supply system. Special supply system has been eliminated, not to be applied. The basis for the assessment of contributions to the sixth book of the Social Code, as determined in accordance with paragraph 1 or resulting from paragraph 1a, shall be the provisions of the law on the transfer of contributions and the provisions of the law on the transfer of contributions. (4) For each part-period the corresponding share of the values referred to in paragraphs 1 to 3 shall be used.

Third Subsection
Pensions in accordance with the rules of the accession area

Unofficial table of contents

§ 14 Tracking periods as rentenlegal times

(1) Tracking periods shall be deemed to be

1.

Periods of an activity subject to insurance; and

2.

Contribution periods for the FZR,

as far as they are not in accordance with the generally applicable rules, periods of an insurance-subject activity or periods of contribution to the FZR. (2) Time of pursuit shall be

1.

Times of mining insurance,

2.

Periods of employment or self-employed activity in health and social services according to the provisions of § § 46 and 47 of the Pension Ordinance of 23 November 1979 (GBl. 43 p. 401),

3.

Hours of employment at Deutsche Post according to the Post-Service Ordination of 28 March 1973 (GBl. 222) and the Supply Regulations of the Deutsche Post Office of 31 May 1973,

4.

Hours of employment at the Deutsche Reichsbahn according to the Eisenbahner Ordination of 28 March 1973 (GBl. 217) and the Supply Regulations of the Deutsche Reichsbahn (German Reichsbahn), or

5.

Periods of employment in institutions, in accordance with the arrangements for the calculation of social security pensions for certain categories of working persons of 12 April 1976

where, at the beginning of the persecution, an employed or self-employed activity within the meaning of points 1 to 5 has been carried out. Unofficial table of contents

§ 15 Average income for chasing periods

(1) In determining the contributory average income of the last 20 years before the end of the last actuarial activity, the contribution assessment bases determined in accordance with § 13, divided by the values, shall be used for the periods of persecution. (2) In determining the average income insured by contributions to the FZR, the average income determined by contributions to the FZR shall be those determined in accordance with § 13 of the Contribution assessment bases, divided by the values of Appendix 10 to the sixth book Social Code, to the extent that they exceed 600 Marks per month. (3) § 309 (1a) of the Sixth Book of the Social Code of the Social Code applies accordingly.

Fourth subsection
Transitional arrangements

Unofficial table of contents

§ 16 Pension benefits prior to 1 July 1994

If, at the time of recognition, a pension is paid or, on the basis of recognition as a persecuted person for the first time, is entitled to a pension, the pension is in the new amount for the period of the reference, at the earliest for the period 1 July 1990. to do so.

Fifth Section
Competence and procedures

Unofficial table of contents

Section 17 Rehabilitation certificate and authority to be responsible

(1) The proof that the conditions of § 1 (1) or § 3 (1) are fulfilled and that grounds for exclusion are not given pursuant to § 4 shall be provided by a certificate issued on request by the rehabilitation authority. (2) Rehabilitation authorities will be established in the countries of Berlin, Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia. (3) The rehabilitation authority of the country is responsible, from the territory of the country according to the status of the 3. The following measures were adopted in October 1990. If a number of countries are responsible for the rehabilitation of a number of countries, the competent authority shall decide which has first been referred to the case. Unofficial table of contents

Section 18 Preliminary rehabilitation certificate

(1) Requiding the issuing of a certificate in accordance with § 17 (1) for a longer period of time, the rehabilitation authority may be the basis for benefits under the second or third section or for the application of § 60 No. 1 of the Federal Education and Training Promotion Act (Bundesausbildungsförderungsgesetz). This certificate shall contain the information in accordance with § 22 (1) Nos. 1 to 3 or § 22 (2) Nos. 1 and 2. (2) In the cases referred to in paragraph 1, the persecuted property or the persecution as a pupil shall be credibly made. For this purpose, the rehabilitation authority may also require and take out insurance in lieu of the Eides. Unofficial table of contents

§ 19 Use of personal data

Personal data from a professional rehabilitation procedure may also be processed and used as far as necessary for other procedures for the rehabilitation, restitution or granting of benefits under the Prisoner Assistance Act. Unofficial table of contents

§ 20 Application

(1) The application for the certificate pursuant to § 17 (1) may be filed by the persecuted person after his death by his survivors, if they have a legal interest in the application. (2) The applications pursuant to § 17 (1) and (§) § § § 17 (1) 18 (1) may be submitted until 31 December 2019. In the cases referred to in § 1 (2), the application may also be made within six months after the indisputability of the decision required pursuant to § 1 (2). (3) The application shall be made in writing at the Rehabiliating authority. The application period shall be deemed to have been respected even if the application has been submitted within the stipulated period to another domestic authority or to a German court. Unofficial table of contents

Section 21 Content of the application

The application shall contain

1.

details of the person,

2.

Information on training and career development,

3.

a depiction of the persecution,

4.

Information on the extent of discrimination in training and occupation,

5.

the indication of evidence and

6.

a statement as to whether and where the applicant has previously submitted an application.

Unofficial table of contents

Section 22 Content of the certificate

(1) In the cases of § 1, the certificate shall contain the following information:

1.

the findings in accordance with Article 1 (1),

2.

confirmation that grounds for exclusion in accordance with § 4 do not exist,

3.

the beginning and end of the period of persecution (§ 2),

4.

Duration of the perseverance of a subject or university studies before 3. October 1990,

5.

information on professional or higher education or other vocational training which is not completed on the basis of persecution, and the probable duration of such training until the regular conclusion,

6.

Information on employment or self-employed activity which would have been carried out without the persecution, including information on the

a)

Performance group according to Appendices 1 to 16 of the Foreign Rights Act for the periods of persecution prior to 1 January 1950,

b)

Qualification group in accordance with Annex 13 and the area referred to in Annex 14 to the Sixth Book of the Social Code for the periods of persecution after 31 December 1949,

c)

the actual or non-persecuted affiliation to a supplementary or special supply system to be designated and the activity or function concerned;

7.

Information on employment or self-employment at the beginning of the persecution in one of the areas referred to in section 14 (2) or in the area of the pension insurance scheme.

(2) In the cases of § 3, the certificate shall contain the following information:

1.

the findings in accordance with section 3 (1),

2.

confirmation that grounds for exclusion in accordance with § 4 do not exist,

3.

Period of undue deprivation of liberty (§ 1 para. 2) and duration of the interruption of the training as a result of the persecution before the 3. October 1990.

To the extent that the certificate is not required for submission to the authorities responsible for the implementation of Section 60 of the Federal Training Assistance Act, only the information relating to points 1 and 2 shall be required. (3) The information required for the execution of the second to The fourth section and section 60 of the Federal Training Assistance Act (Bundesausbildungsförderungsgesetz) are bound to the findings contained in the certificate. Unofficial table of contents

§ 23 Application deadline for benefits after the Second and Third Section

The application for benefits after the Second or Third Section may be submitted by 31 December 2020. The application for benefits under the third section may also be filed within six months of the date on which the person concerned is entitled to a pension from the statutory pension insurance from his own insurance company. Unofficial table of contents

§ 24 Responsibility for benefits after the Second and Third Section

(1) Services provided for in the Second Section shall be granted by the Federal Employment Agency as an institution of the country in which the person concerned is domicated for this task. (2) For the granting of compensation by the third party Section 3 (2), § § 98 and 99 (1) of the Twelfth Book of Social Code) is responsible for the local social assistance. Unofficial table of contents

Section 25 Administrative procedures

(1) In the procedure before the rehabilitation authority, witnesses shall be obliged to testify and experts for the reimbursement of expert opinions. § 65 of the Administrative Procedure Act applies accordingly. (2) The information provided by the applicant for persecuting property (§ 1 para. 1), for the time of persecution (§ 2 para. 1) and for prosecution as a student (§ 3 para. 1) may, if evidence does not exist or not procuring or without fault of the applicant or of the person from whom he derives his rights, the decision shall be taken as to the extent to which they appear credible. Under the conditions set out in the first sentence, the rehabilitation authority may require the applicant to take out insurance in accordance with § 27 of the Administrative Procedure Law. (3) Unless otherwise provided in this Act, the following shall apply until the date of the adoption of the The provisions of the Administrative Procedure Act, the Administrative Appointing Act and the Administrative Enforcement Act. (4) For the procedure after the Second and Third Section, the First and Tenth Book of Social Law. Runs an amendment to this law shall be re-established by its own motion in accordance with Section 8 (1) of this Regulation. Except in cases in accordance with Section 8 (4), a formal certification may be waited. Unofficial table of contents

§ 26 Costs

The administrative procedure before the rehabilitation authorities, including the opposition procedure, is free of charge. Where an application has been rejected in the administrative procedure or a contradiction as manifestly unfounded, costs may be imposed on the applicant. Unofficial table of contents

§ 27 Legal Way

(1) In disputes under this law, the administrative right shall be given. The appeal against a judgment and the appeal against another decision of the Administrative Court are excluded. This does not apply to the complaint against the non-authorisation of the revision in accordance with § 135 in conjunction with § 133 of the Administrative Court order and the appeal against decisions on the legal path pursuant to § 17a (2) and (3) of the Law on Judith Law. Pursuant to Section 17a (4) sentences 4 to 6 of the Law on Legal Affairs, the appeal against the decisions on the legal path shall apply. (2) Insofar as the Federal Employment Agency (Bundesagentur für Arbeit) or the institutions of the Federal Republic of Germany ( Pension insurance, the courts of social justice decide on public-law disputes.

Sixth Section
Cost-control

Unofficial table of contents

Section 28 Costs of benefits after the Second Section

(1) From the expenses incurred by the countries through cash benefits under the Second Section, the Federal Government shall bear 60 of the hundred. (2) Administrative costs shall not be reimbursed. Unofficial table of contents

§ 29 Cost of benefits under the third section

Of the expenses incurred by the countries by means of services after the third section, the Confederation shall bear 60 of the hundred.

Seventh Section
Transitional arrangements

Unofficial table of contents

§ 30

(dropped)