Regulation On The Implementation Of Article 30 Paragraph 3 To 12 And Article 40, Paragraph 1 And 5 Of The Bundesversorgungsgesetzes

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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Read the untranslated law here: http://www.gesetze-im-internet.de/bschav/BJNR127300011.html

Regulation on the implementation of article 30 paragraph 3 to 12 and article 40, paragraph 1 and 5 of the Bundesversorgungsgesetzes (professional damage compensation regulation - BSchAV) BSchAV Ausfertigung date: 28.06.2011 full quotation: "professional damage compensation regulation by June 28, 2011 (BGBl. I p. 1273), by article 2 of the Decree of the 23rd September 2014 (BGBl. I S. 1533) has been changed" stand: amended by art. 2 V v 23.9.2014 I in 1533 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1.7.2011 +++) input formula on the basis of § 30 paragraph 14 of the Bundesversorgungsgesetzes, most recently by article 1, point 20 letter g of the Act of 23 March 1990 (BGBl. I p. 582) is changed, decreed the Federal Government: section 1 Professional compensation § 1 area of application the provisions of this section apply for the income loss after article 30, paragraph 4, sentence 1, as well as for the determination of the professional compensation according to § 30 paragraph 6 and 12 of the Bundesversorgungsgesetzes.

§ 2 comparison income is (1) comparing income monthly average income of the salary of grade of the Federal salary regulations, the damaged without the damage would be assigned to. The average income is determined according to § 3. Occurred the damage before the start of the training, the average income is determined according to § 5.
(2) would have damaged without damage to 1 in addition to the main profession exercised one or more secondary activities or led a joint budget in the sense of § 30 paragraph 12 of the Bundesversorgungsgesetzes, they mapped the grade corresponding to the main professional, 2. exercised more professional activities, of which each require the same amount of time on labour, or on this scale as well as professional activities exercised a common household run , where these activities together required the full labour force, is the grade with the highest comparison income relevant for the activities pursued associated with them, 3 professional activities alone or in conjunction with the leadership of a common household exercised, without having these activities as a whole required the full labour force, is part of comparison income corresponding to the usage of labor for the occupational activity; an occupation meets with the leadership of a common household, which are so each from the professional activity and the to be determined from the extra costs for professional compensation resulting conducting a joint household. The professional compensation related to is the professional compensation, which arises when the full comparison income for the professional activity is based, but not more than the sum of the two amounts.
(3) paragraphs 1 and 2 apply even if damaged work the coming under these regulations into consideration. A rise in the occupation prevented the damage is taken into account.

§ 3 (1) average income average income is damaged without completed vocational training the basic salary of level 8 of grade A 5 of Appendix IV to the federal salaries Act, when damaged with completed vocational training the basic salary of level 8 of grade A 7 of Appendix IV to the federal salaries Act, when damaged with technicians or masters exam the salary of level 8 of grade A 9 of Appendix IV to the federal salaries Act , when damaged with a specialist University degree the salary of level 8 of grade A-11 of annex IV to the federal salaries Act and damaged with a university degree the salary of level 8 of grade A 14 of annex IV to the federal salaries Act. The calculated salary is to increase the family allowance of level 1 of annex V to the federal salaries Act.
(2) a completed vocational training, a technician or master certificate or a completed college or university education is only taken into account if she is a prerequisite for the exercise of the profession on the exercise of the damage adversely, or if it significantly advances the income in this profession. Only the training at a university or college completing is a prerequisite for the setting in the upscale or higher service within the meaning of the civil servants is regarded as college education or higher education.
(3) a ten-year activity or a five-year self-employment in the profession is equal completing a vocational education, on the exercise of the damage adversely, unless that this activity was not suitable to promote the income of activity significantly beyond what is achievable without vocational training.

§ 4 determination of average income in special cases (1) were damaged have been proven in the profession, which they before the occurrence of the damage, or before the impact of the consequences of the damage have exercised, achieved a position that is not adequately addressed by the provisions of article 3 is to apply the basic salary of level 8 of a grade of Federal salary order A plus the family supplement of level 1 after installation appropriate for this position V to the federal salaries act as average income. The income from non self-employed work, which has been made before the damage or the impact of the consequences of the damage on the profession to reduce 10 percent and to face the remuneration (base salary of level 8 and family allowance of level 1), which had received federal officials at the same time are to determine of the appropriate grade. Office allowances are not considered part of the basic salary. Known made 5 sets of 6 of the Bundesversorgungsgesetzes comparison income, are according to § 30 paragraph they are instead of remuneration pursuant to sentence 2 to face the income.
(2) paragraph 1 shall apply for self-employed workers accordingly when the referred to in paragraph 1 set 1 relevant date the economic importance of independent activity carried out not sufficiently by § 3. The economic importance is not sufficiently taken into account, if the gain pursuant to sentences 3 and 4 achieved at least the basic salary of level 8 of the next higher grade. 80 per cent of average earnings in industry are the determination of the appropriate grade or from an independent work in the last three years prior to the occurrence of the damage, or before the impact of the consequences of the damage on the profession to set, but only to the extent, due to the own work performance of damaged as he is. In determining the value of the own work performance, the salary of level 8 of grade of Federal salary order to attract A that would have been payable to officials of the Federal Government in a comparable position is compared.

§ 5 determination of average income with an injury suffered before the start of vocational training damaged as a result of injury suffered before the start of training in their career are disabled, so the average income is oriented on the installments of the federal pay code to identify A. The classification is according to investment and skills, as well as other living conditions of damaged. Average income is at least the salary of level 8 of grade A 5, plus the family supplement of level 1 of annex V to the federal salaries Act; at a 1 completed of a vocational training in article 3 paragraph 1 for damaged average income certain completed vocational training, 2. the existence of technicians or master craftsman in article 3 paragraph 1 for damaged certain dropped technicians or masters exam average income, 3 University of applied sciences degree average income specified in article 3 paragraph 1 for damaged with completed university education or 4th degree in article 3 paragraph 1 for damaged with completed higher education certain average income.
The professional compensation is at the earliest after the alleged training grant.

§ 6 average income within the meaning of § 30 paragraph 11 and § 64 c paragraph 2 (1) as average income within the meaning of § 30 paragraph 11 of the Bundesversorgungsgesetzes is according to § 30 paragraph 5 sentence 6 of the Bundesversorgungsgesetzes by the Federal Ministry of labour and Social Affairs as a comparison income known amount for the grade, which would be associated with the damaged without the subsequent damage.
(2) the classification in grade according to § 3; Article 2, paragraph 2 shall apply mutatis mutandis. Is the income that the damaged in the profession exercised before the subsequent damage have achieved in the last year, due to the damage to lower than the comparison income that corresponds to this grade, considered average income this comparison income, reduced to the percentage the income obtained from the subsequent damage behind the comparison income of this grade is retarded to the. The value of the own work performance takes the place of earned income for self-employed. Full percentages are the tees to apply; Fractions of Vomhundertsätzen are to round up 0.50 at, otherwise complete.
(3) another injury-related income loss occurs after the subsequent damage, without that which or the damaged leaves employment, apply paragraph 2 subject to the proviso that the grade of the Federal salary order to apply A is, would be associated with the damaged due to the consequences of damage without taking into account the subsequent damage.
(4) where it is higher according to § 30 paragraph 11 of the Bundesversorgungsgesetzes observed average income than the previously obtained earnings, this difference from the average income is to pull off. The difference is each by the time of the following adjustments according to article 56 of the Bundesversorgungsgesetzes's to reduce by a quarter.
(5) in the cases of § 64c paragraph 2 sentences 2 and 3 shall apply according to paragraphs 1 to 4.

§ 7 reduction of comparing income and average income (1) when comparing income within the meaning of § 30 paragraph 5 of Bundesversorgungsgesetzes, as well as paragraph 2 sentences 2 and 3 of the Bundesversorgungsgesetzes 75 per cent of the known made according to § 30 paragraph 5 sentence 6 of the Bundesversorgungsgesetzes or of the amount established according to article 87, paragraph 1, of the Bundesversorgungsgesetzes and customized considered average income within the meaning of § 30 paragraph 11, as well as § 64 c , at the end of the month, in the the damaged 1 have reached the age after the sixth book of the social code, 2 because of attaining or claiming a statutory retirement age from the labour market excrete or excrete would, 3. on the basis of a law, a collective agreement, an operating agreement, or an agreement with the employer the possibility of premature transition into retirement income without exercise and abandon that's why their employment.
For professional soldiers, the month in which the general age limit will be reached after article 45 paragraph 1 of the law of the soldier considered date of leaving. Sentence shall not apply 1 number 2 and 3, if the damaged noncontracting, that they would be still working without damage.
(2) in determining the professional compensation according to § 30 paragraph 6 of Bundesversorgungsgesetzes, the composition or the average income from the time the amount resulting from paragraph 1 is according to § 30 paragraph 7 sentence 2 of the Bundesversorgungsgesetzes.

§ 8 current gross income (1) current gross income shall apply, as far as in section 30, paragraph 11, sentence 1 and § 64c paragraph 2 sentences 2 and 3 of the Bundesversorgungsgesetzes as well as otherwise determined in section 9 is 1 all receipts of money or monetary value from a previous or current employment activities, and 2. the value of the own work performance in a current independent activity and revenue from a former self-employed activities.
As the value of the own work performance is the salary of level 8 of grade the Federal salary regulations to take into account A that would pay civil servants of the Federal Government in a comparable position. The assessment of income, which do not exist in money (housing, food, heating and other payments in kind), depends on the compensation pension regulation.
(2) to the revenue from former imputed or self-employed activities, especially 1 Wartegelder, pensions and other remuneration and benefits from previous services include 2 pensions from the statutory pension schemes with the exception of child-rearing periods based pension shares, as well as with the exception of the pension share based on voluntary contributions, the damaged not - also not indirectly - income from an occupation have paid 3. revenue from assets, , the damaged, created with income from an occupation to secure the livelihood of themselves after being eliminated from the labour market, a professional pension institution, services running 4 5. the old-age pension, the pension because of work earnings according to the Act on the pension of farmers, 6 lost pensions from the statutory accident insurance and pensions on the basis of claims for damages due to disability and the land tax pension , 7 pensions under the federal compensation law because of damage in the professional and economic advancement and 8 recurring benefits under the Act for regulating the restitution of National Socialist injustice for members of the public service.
(3) income from previous activities, that is changing as a result of a supply balance in its height, is always with the amount of credit, which itself would be without the compensatory. Sentence 1 shall apply accordingly if the income from previous occupation as a result of the Hinzutretens of a claim to survivor in its height has changed.
(4) also unemployment compensation, unemployment benefits of part of, unemployment money, transfer money and unwise loans paid maintenance allowance revenue includes current employment after the third book of the social code as well as the parental benefit in the meaning of the Federal parental benefits and parents time act in the amount each paid, which exceeds the applicable amount pursuant to § 10 of the Federal parental benefits and parents time act. Supply sick, sick and injured money pretax underlying the calculation of these benefits, where appropriate, by the date of adjustment of performance increased with the percentage of rated amount most recently pursuant to § 56 paragraph 1 sentence 2 of the Bundesversorgungsgesetzes has been enhanced to apply if these benefits not after a previously-related unemployment, partial unemployment benefit or allowance under the third book of the social code are calculated as the current gross income within the meaning of paragraph 1. At bankruptcy compensation (Insolvency money) after the third book of the social code, gross income, which is based on the calculation of this performance is regarded as income from current employment. When Union support payments in the event of labour disputes, the income from current activities achieved until immediately before the beginning of the strike action considered current gross income.
(5) capital is compensated instead of services within the meaning of paragraphs 1 and 2, an amount shall be deemed current gross income of the capital compensation of underlying pension amount.
(6) is because of subsequent damage rather than a damage-related paid partial incapacity or disability pension paid a pension on account of disability or incapacity for work, the amount is still like to use income to pay as partial incapacity or disability pension.
(7) damaged without understanding basic have has income from current or former employment in a manner, reduced their income to strengthen in determining the loss of income, without having to damage within the meaning of § 30 paragraph 11 or a case of § 64 c paragraph 2 sentence 2 or 3 of the Bundesversorgungsgesetzes, the amount as income in determining the loss of income is to be , the could get damaged without the income-reduction available. The same applies if damaged entitlements to benefits make in the paragraphs 1 to 5 art referred to not claimed or have made. Damaged perceive a legal or contractual way of sliding transition to retire and therefore reduce their work time without earned income, the amount as a current gross income, damaged without their income-reducing actions could achieve, shall be unless unless they make believable that she would be working without the damage in current scope. Gross income from current or former occupation, vocational rehabilitation success measures have been conducted and damaged not adequately perceive acquiring income after this possible without understanding basic income average in corresponding application of § 30 paragraph 11 of the Bundesversorgungsgesetzes is to be.
(8) current gross income, that is damaged, that at least a quarter of the time of their profession have been independently working, available, after her retirement from the labour force significantly behind an amount left, which is in a reasonable proportion to the referred to in paragraph 1 sentence 1 last half sentence to consider income shortfall is to be added to the current gross income. The shortfall is as follows: the basic salary of level 8 of grade of Federal salary order is A, which would be to pay a non-corrupted officials of the Federal Government in a comparable position, to reduce the proportion of the health capacity of damaged, perform their professional activities, was restricted to the average working life. For each year of employment are based on the current income to use as a comparison value, 1.67 per cent of this result. Current gross income reaches not three-quarters of the comparison value, this amount is the current gross income. The amount is to change in corresponding application of § 30 paragraph 10 sentence 4 of the Bundesversorgungsgesetzes. The sentences 1 to 5 shall not apply if the professional compensation for the month of June 1990 was established taking into account the actually achieved current gross income.

Income not to include § 9 (1) belonging to the current gross income within the meaning of § 30 paragraph 4 sentence 1 of the Bundesversorgungsgesetzes not the income referred to in article 2 paragraph 1 of the compensation pension regulation; both the Christmas referred to in section 17 and new year bonuses remain exception from this rule, unless they are identified as such, as also in addition to the remuneration paid vacation pay these services in the context are up to one-twelfth of the annual income, with the or, if this is more favourable to the extent of the amount corresponding to the income for the calculation of the benefit month , not taken into account. Income, which lead to the reduction of supply sick, sick or injured money, be disregarded with the underlying credit transfer gross amount.
(2) when applying § 30 paragraph 11 of Bundesversorgungsgesetzes revenue shall be disregarded, which take the place of income achieved prior to the introduction of subsequent damage, insofar as they do not exceed the amount of average income to be taken into consideration alone or together with the income from current activities. Set 1 with the proviso that the net amount of current income as a whole is comparable with the net amount of the average income is considered in determining the professional compensation according to § 30 paragraph 6 of the Bundesversorgungsgesetzes.
Section 2 compensation are comparing income (1) for widows, widowers and survivors self-employed and life partner article 10 for the discovery of the comparison income referred to in § 40 paragraph 2 of the Bundesversorgungsgesetzes to apply the paragraphs 2 to 5 and 7 (1) sentence 1 number 1 according to. § 7 shall apply only to the extent as this not reduce the pensions occurs that the widow, the widower and life partner or the bereaved life partner prior to the reduction of the income of the comparison were to the bereaved; Increases in income are only taken into account if the resulting from gross income under the regulation concerning such income after the Federal number of stages at least six levels above the calculated for gross income taken into account in the month prior to application of section 7.
(2) for the determination of the comparison income referred to in section 40a, paragraph 4, of Bundesversorgungsgesetzes, paragraphs 2 to 5 are to apply accordingly.

§ Apply 11 gross income for the determination of gross income within the meaning of § 40 paragraph 2 of Bundesversorgungsgesetzes § 14 of compensation pension regulation accordingly; exception from this rule remain both in article 2 paragraph 1 number 17 of this regulation Christmas referred to and new year bonuses, as far as they as such are shown, as also in addition to the remuneration paid vacation pay these services in the context are up to one-twelfth of the annual income, with the or, if this is more favourable, up to the amount which corresponds to the income for the calculation of the benefit month , not taken into account. Advertising costs are not to withdraw income from non self-employed work.
Section 3 common provisions article 12 are rounding rule to apply the calculation of professional damage or compensation parts of the composition or average income, the amount of EUR 0.50 is to round up, otherwise complete.

Article 13 entry into force, expiry this regulation enters into force on July 1, 2011. At the same time the occupation damage compensation regulation as amended by the notice of June 29, 1984 (BGBl. I p. 861), most recently by article 17 of the law of December 13, 2007 (BGBl. I S. 2904) is been changed other than force.

Concluding formula the Federal Council has approved.