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Regulation for the implementation of § 30 (3) to (12) and § 40a (1) and (5) of the Federal Supply Act

Original Language Title: Verordnung zur Durchführung des § 30 Absatz 3 bis 12 und des § 40a Absatz 1 und 5 des Bundesversorgungsgesetzes

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Ordinance for the implementation of § 30 (3) to (12) and § 40a (1) and (5) of the German Federal Supply Act (BundesSupply Act) (Professional Damage Compensation Ordinance-BSchAV)

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BSchAV

Date of completion: 28.06.2011

Full quote:

" Occupational damage compensation regulation of 28 June 2011 (BGBl. 1273), as defined by Article 2 of the Regulation of 23 September 2014 (BGBl. 1533).

Status: Amended by Art. 2 V v. 23.9.2014 I 1533

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.7.2011 + + +) 

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Input formula

Pursuant to Section 30 (14) of the Federal Law of Supply, the last of which is Article 1 (20) (g) of the Law of 23 March 1990 (BGBl. 582), the Federal Government is responsible for:

Section 1
Compensation for professional damage

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§ 1 Scope

The provisions of this section apply to the determination of the loss of income pursuant to § 30 (4) sentence 1 as well as for the determination of the occupational injury compensation in accordance with § 30 (6) and (12) of the Federal Supply Act. Unofficial table of contents

§ 2 Comparison Income

(1) Comparison income is the average monthly income of the basic salary of grade A of the Bundesbesoldung ordnung, which would be allocated to Damage without the injury. The average income is determined in accordance with § 3. If the injury occurred before the start of the vocational training, the average income is determined in accordance with § 5. (2) Damaged without the injury
1.
in addition to the main occupation, one or more secondary professional activities or a common household within the meaning of Article 30 (12) of the Federal Supply Act, they shall be assigned to the grade corresponding to the main occupation,
2.
several occupational activities, each of which requires the same amount of time spent in the labour force, carried out, or to this extent, both professional activities and a common budget, these activities being combined full work force, the grade will be assigned to them with the highest comparative income for the activities carried out,
3.
professional activities alone or together with the management of a common household, without these activities as a whole requiring full labour force, is a work force for the professional activities of the A part of the comparative income; where a professional activity is accompanied by the management of a common household, the following shall be taken from the professional activity and from the additional expenses for the management of a common household. To determine the balance of professional indebted compensation. The compensatory amount of compensation is the sum of the two amounts, but not more than the compensation of the occupational injury which results if the full comparative income is used for the occupational activity.
(3) The provisions of paragraphs 1 and 2 shall also apply where the employment of the persons concerned is carried out in accordance with those provisions. It is necessary to take into account a rise in the profession that has been prevented by the damage. Unofficial table of contents

§ 3 Average income

(1) Average income is the basic salary of Grade 8 of grade A 5 in accordance with Annex IV to the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) in the case of damaged persons without completed vocational training, and the basic salary in case of employment with completed vocational training Level 8 of grade A 7 according to Appendix IV to the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), in case of damage with a technician or master test the basic level of grade 8 of grade A 9 according to Appendix IV to the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), in the case of damage with a university of applied sciences degree the basic level of grade 8 of grade A 11 According to Annex IV to the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) and in the case of a damaged person with a university degree, the basic salary of grade 8 of grade A 14 according to Appendix IV to the Bundesbesoldungsgesetz (Federal Law on Remuneration). The basic salary determined is to increase the family allowance of level 1 according to Annex V to the Bundesbesoldungsgesetz. (2) A completed vocational training, a technician or master examination or a completed technical college or university of applied sciences. University education must be taken into account only if it is a prerequisite for the exercise of the profession, the injury of which has a negative effect on the profession, or if it significantly promotes the income in that profession. As a university of applied sciences or higher education, only the training at a university of applied sciences or higher education institution, the conclusion of which is a prerequisite for recruitment to the higher or higher service in the sense of the civil servant's right. (3) Completion of vocational training shall be equivalent to a ten-year activity or a five-year self-employed activity in the profession, on the exercise of which the injury has a negative effect, unless that activity was not appropriate for the purpose of: The income of the activity is considerably higher than that achievable without vocational training. . Unofficial table of contents

§ 4 Determination of average income in special cases

(1) Had has been shown to have reached a position which is not sufficiently taken into account by the provisions of Section 3 in the profession which they have carried out before the occurrence of injury or before the effect of the consequences of the injury; The average income is to be based on the basic level of level 8 of a grade of grade A, appropriate to this position, plus the family surcharge of Level 1 according to Annex V to the Bundesbesoldungsgesetz (Federal Law on Remuneration). In order to determine the appropriate grade, the income obtained from non-self-employed work which has been achieved before the injury or before the effects of the injury effects on the profession shall be reduced by 10 from the hundred and the (a) to be compared with the basic salary of stage 8 and the family allowance of level 1, which the Federal Officials would have received at the same time; allowances shall not be considered as an integral part of the basic salary. If comparative income has been disclosed pursuant to Article 30 (5) sentence 6 of the Federal Law of Supply, these are to be compared with the income in lieu of the remuneration in accordance with the second sentence. (2) Paragraph 1 shall apply mutamatters to self-employed persons, if the following shall apply to the following: The first sentence of paragraph 1 shall not sufficiently take into account the economic importance of the self-employed activity carried out by Section 3. The economic significance shall not be sufficiently taken into account if the profit determined in accordance with the rates 3 and 4 reaches at least the basic level of the level 8 of the next higher grade. The determination of the appropriate grade shall be 80 per cent of the average profit from trade or self-employed work in the last three years before the occurrence of injury or before the effects of the injury to the profession, but only in so far as it is the result of the employment of those who have been damaged. In the determination of the value of its own work performance, the basic salary of the grade 8 of the grade of the Bundesbesoldungsordnung A (Bundesbesoldungsordnung A) should be used for comparison, which would have been to be paid by officials of the federal government in a comparable position. Unofficial table of contents

§ 5 Determination of the average income in the event of injury sustained before the start of vocational training

If, as a result of an injury suffered before the start of the vocational training, damaged persons are disabled in their professional career, the average income is to be determined on the basis of the basic salaries of the Bundesbesoldungsordnung A. The grouping shall be carried out on the basis of the predisposition and the abilities and other conditions of life of the persons who have been damaged. Average income is at least the basic level of grade 8 of grade A 5, plus the family allowance of level 1 according to Annex V to the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz); if it is suspected
1.
Completion of vocational training in accordance with § 3 (1) for employees with completed vocational education and training average income,
2.
If a technician or master's examination consists of the average income specified in Section 3 (1) for Damaged with a technician's or master's examination,
3.
University of Applied Sciences degree, the average income specified in § 3 (1) for Damaged with a completed higher education education
4.
University degree, the average income specified in § 3 (1) for Damaged with completed higher education.
The compensation for professional damages is to be granted at the earliest after the presumed completion of the vocational training. Unofficial table of contents

§ 6 Average income within the meaning of Section 30 (11) and Section 64c (2)

(1) As an average income within the meaning of Section 30 (11) of the Federal Supply Act, the amount known as a comparison income pursuant to Article 30 (5), sentence 6 of the Federal Law on Services, shall apply to the grade to which the damaged persons would be assigned without the secondary damage. (2) The classification in the grade shall be determined in accordance with § 3; § 2 (2) shall apply mutasocilly. If the income earned by those who have been damaged in the job done before the after-injury last year is less than the income corresponding to that grade, the average income of that income shall be less than the income of the person who has been employed in the previous year. Comparison income, reduced by the percentage by which the earned income before the secondary damage has fallen short of the comparative income of this grade. In the case of self-employed persons, the value of their own working performance shall be replaced by the employment income. Full percentages are to be used for the tees; fractions of percentages are to be rounded up from 0.50, otherwise to be rounded off. (3) After the damage, a further loss of income due to damage occurs without the loss of the loss of income or of the loss of income. In the event of a loss of employment, paragraph 2 shall apply with the proviso that the grade shall be based on the Bundesbesoldungsordnung (Bundesbesoldungsordnung) A, who shall be responsible for the damage caused by the consequences of the damage, without taking into account the damage caused by the damage. (4) As far as the provisions of Section 30 (11) of the Federal Law of Supply the average income observed is higher than the earned income previously obtained, this difference is to be deducted from the average income. The difference shall be reduced by one quarter from the date of the following adjustments in accordance with § 56 of the Federal Supply Act. (5) In the cases of § 64c (2) sentences 2 and 3, paragraphs 1 to 4 apply accordingly. Unofficial table of contents

Section 7 Reduction of the reference income and the average income

(1) As a comparison income within the meaning of Section 30 (5) of the Federal Supply Act and as an average income within the meaning of Section 30 (11) and Section 64c (2) sentences 2 and 3 of the Federal Supply Act, 75 of the hundred of the provisions of § 30 shall apply. Paragraph 5, sentence 6 of the Federal Law of Supply, or of the amount determined and adjusted in accordance with Section 87 (1) of the Federal Supply Act, at the end of the month in which the Damaged
1.
have reached the rule age limit in accordance with the Sixth Book of Social Code,
2.
, because of the fact that they have reached or have to leave a legal age limit on the basis of their employment status,
3.
use a law, a collective agreement, an operating agreement or an agreement with the employer as to the possibility of early retirement in the absence of earned income, and therefore their Giving up employment.
In the case of professional soldiers, the date of the month in which the general age limit is reached pursuant to Article 45 (1) of the Soldatengesetz (Soldatengesetz) shall be considered as the date of leaving the profession. Sentence 1 (2) and (3) shall not apply if the persons who have been damaged make it credible that they are still in employment without the injury. (2) In determining the compensation for damages pursuant to Section 30 (6) of the Federal Supply Act, the following shall be deemed to have been: (1), the amount of the amount referred to in the second sentence of Article 30 (7) of the Federal Supply Act (Bundespensions Act) of the comparison or average income. Unofficial table of contents

§ 8 Current gross income

(1) As current gross income shall apply, to the extent that in § 30 (11) sentence 1 and § 64c (2) sentence 2 and 3 of the Federal Supply Act as well as in § 9 nothing else is determined,
1.
all revenue in money or financial value from an earlier or present independent activity; and
2.
the value of its own work in a current self-employed activity and income from a former self-employed activity.
As a value of its own work, account should be taken of the basic salary of Level 8 of the grade of the Bundesbesoldungsordnung (Bundesbesoldungsordnung), which would be to be paid by the federal civil servants in a comparable position. The valuation of income that does not exist in money (housing, catering, heating and other benefits) is based on the compensatory pension regulation. (2) The income from former self-employed or self-employed activities is part of the income. in particular
1.
Waiting, rest and other benefits and benefits from previous services,
2.
Pensions from statutory pension schemes, with the exception of pension shares based on child-raising periods, and with the exception of the pension contribution, which is based on voluntary contributions, which does not, even indirectly, damage the pension. have paid income from gainful employment,
3.
Income from assets which have created employment with income from gainful employment in order to secure the livelihood after leaving the labour market,
4.
Current benefits from a professional pension scheme,
5.
the old-age pension, the pension on account of the reduction in employment and the pension rights under the old-age pension scheme of the farmers,
6.
pensions arising from statutory accident insurance and pensions on the basis of claims for damages on account of lost employment,
7.
pensions under the Bundesentschädigungsgesetz (Federal Compensation Act) due to damage in professional and economic progress and
8.
recurrent benefits under the law governing the restitution of national-socialist injustice for members of the civil service.
(3) Income from previous activity, which has been altered as a result of a supply balance, is always to be calculated with the amount which would result in the absence of a supply balance. The first sentence shall apply if the income from previous activity is changed as a result of the occurrence of a right to a survivor ' s pension. (4) The income from current employment also includes unemployment benefit, partial unemployment benefit, short-time allowance, transitional allowance and non-refundable maintenance allowance under the Third Book of the Social Code and parental allowance within the meaning of the Federal Election and Parental Leave Act, in the amount of the amount paid in each case, the relevant amount in each case pursuant to § 10 of the Federal Elternary Money-and Parental Leave Act. In the case of supply sickness benefit, sickness benefit and injury benefit, provided that these benefits are not calculated according to a previously-related unemployment benefit, partial unemployment benefit or maintenance allowance under the Third Book of Social Code, the current situation shall be considered as the current Gross income referred to in paragraph 1 is the gross income which underlies the calculation of these benefits, if necessary from the date of adjustment of the benefit to be increased by the percentage by which the amount of the tax is last determined in accordance with § 56 The first sentence of the second sentence of the Federal Supply Act has been increased. In the case of bankruptcy money (insolvency money) according to the Third Book of the Social Code, the income from present employment is the gross income which is the basis for the calculation of this benefit. In the case of trade union support services on the basis of industrial disputes, the current gross income is the income generated by current activity up to immediately before the start of the strike action. (5) Instead of the benefits in the sense of in paragraphs 1 and 2, the current gross income shall be deemed to be an amount equivalent to the amount of the pension taken on the basis of the repayment of the capital. (6) Is paid on the basis of a subsequent damage instead of a damage caused by the damage Pension due to partial employment reduction or incapacity for occupational disability (7) If there is no reason to be informed, the amount should be paid as an income which would be payable as a pension due to a partial disability or incapacity for work. (7) Income from current or past employment has the effect of reducing the income to be taken into account when determining the loss of income, without prejudice to any damage within the meaning of Article 30 (11) or Case of Section 64c (2) sentence 2 or 3 of the Federal Supply Act is available at the determination of the loss of income of the amount as an income which could be achieved without the income-reducing provision. This shall also apply where damaged claims for benefits of the kind referred to in paragraphs 1 to 5 have not been invoked or made. If a legal or contractual possibility of moving the transition to retirement is carried out, and because of that reason their working time is reduced to the absence of earned income, the amount of the current gross income shall be deemed to be the amount of the current gross income. Damaged without their income-reducing action could be achieved unless they believe that they would still be in the labour market without the injury. If measures of vocational rehabilitation have been carried out successfully, and if those who have been damaged are not sufficiently aware of the possible income value, the gross income of current or former income (8) The current gross income, the employment of at least a quarter of the time of their professional activity, is to be calculated. have been self-employed, are available, after their departure from the In the event of a significant fall in the working life of an amount equal to the amount of the income to be taken into account in accordance with the last sentence of the first sentence of paragraph 1, the amount of the shortfall shall be added to the current gross income. The amount of the shortfall is to be estimated as follows: the basic salary of Level 8 of the grade of grade A, which would be to be paid by a non-damaged federal official in a comparable position, is to reduce the proportion in order to reduce the amount of the deficit. Average of working life was limited to the health capacity of those who have been employed to pursue their professional activities. For each year of gainful employment, 1.67 of the hundred of this result, based on the current income, shall be set as a comparative value. If the current gross income does not reach three quarters of the comparison value, this amount is the current gross income. The amount shall be changed in the appropriate application of Section 30 (10) sentence 4 of the Federal Supply Act. The rates 1 to 5 shall not apply if the compensation for the benefit of the professional compensation for the month of June 1990 has already been determined by taking into account the actual gross income actually achieved. Unofficial table of contents

Section 9 Non-consideration income

(1) The current gross income within the meaning of the first sentence of Section 30 (4) of the Federal Supply Act does not include the income referred to in Article 2 (1) of the Compensatory Pension Regulation; by way of derogation from this, both the following: Christmas and New Year's gratifications, to the extent that they are designated as such, and in addition to the remuneration paid in addition to the remuneration, up to one-twelfth of the annual income with which these benefits are related, or, if this is more favourable, up to the amount of the income for the month of the Calculation of performance is not taken into account. Income which leads to the reduction of the pension, sick or injury compensation shall not be taken into account with the gross amount underlying the offsetting. (2) In the case of application of § 30 paragraph 11 of the Federal Supply Act, revenue remains no account shall be taken of the income earned prior to the occurrence of the damage, in so far as it does not cover the amount of the average income to be taken into account on its own or in combination with income from present activity; . In determining the compensation for professional damages in accordance with Article 30 (6) of the Federal Supply Act, the first sentence applies, with the proviso that the net amount of the current income is to be compared with the net amount of the average income.

Section 2
Compensation for widows, widows as well as surviving life partners and partners

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§ 10 Comparison Income

(1) For the purpose of determining the reference income referred to in § 40a (2) of the Federal Supply Act, the first sentence of Section 2 to 5 and the first sentence of paragraph 1 of the first sentence of paragraph 1 shall apply accordingly. § 7 shall, however, be applied only in so far as this does not reduce the pension benefits which the widow, the widower and the surviving life partner or the surviving life partner have before the reduction of the settlement income. ; income increases shall be taken into account only if the number of stages resulting from gross income under the Federal Law on the Income to be paid under the Regulation on the income to be paid is at least six steps above the level of the number of grades, the gross income taken into account in the month prior to the application of § 7 (2) In order to determine the comparison income referred to in § 40a (4) of the Federal Supply Act, § § 2 to 5 shall be applied accordingly. Unofficial table of contents

§ 11 Gross income

In order to determine the gross income within the meaning of § 40a (2) of the Federal Supply Act, § 14 of the Compensation Regulation applies accordingly; by way of derogation from this, both those referred to in Article 2 (1) (17) of this Regulation shall remain Christmas and New Year's gratifications, to the extent that they are designated as such, and in addition to the remuneration paid in addition to the remuneration, up to one-twelfth of the annual income with which these benefits are related, or, if this is more favourable, up to the amount of the income for the month of the Calculation of performance is not taken into account. In the case of income from non-self-employed work, advertising costs are not to be deducted.

Section 3
Common rules

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§ 12 rounding rule

If the calculation of the compensation for damage or injury is based on parts of the comparison or average income, the final amount of EUR 0.50 is to be rounded off, otherwise it is to be rounded off. Unofficial table of contents

Section 13 Entry into force, external force

This Regulation shall enter into force on 1 July 2011. At the same time, the Occupational Injury Compensation Regulation (Professional Damage Compensation Regulation), as amended by the Notice of 29 June 1984 (BGBl. 861), as last amended by Article 17 of the Law of 13 December 2007 (BGBl). 2904), except for force. Unofficial table of contents

Final formula

The Federal Council has agreed.