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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Regulation implementing § 30 (3) to (12) and § 40a (1) and (5) of the German Federal Law of Supply (Berufsdamages Ordinance-BSchAV)

Non-official Table of Contents

BSchAV

Date of departure: 28.06.2011

Full quote:

" Occupational Damage Compensation Ordinance of 28 June 2011. June 2011 (BGBl. 1273), as set out in Article 2 of the Regulation of 23 June 2000. September 2014 (BGBl. I p. 1533) "

:Modified by Art. 2 V v. 23.9.2014 I 1533

For details see the menu under Notes

Footnote

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

Non-Official Table of Contents

Input Formula

Based on Section 30 (14) of the Federal Supply Act, which was last amended by Article 1 (20) (a) g of the law of 23. March 1990 (BGBl. 582), the Federal Government is ordering:

Section 1
Occupational Damage Compensation

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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 to the determination of the income loss the compensation for professional damages in accordance with § 30 (6) and (12) of the Federal Supply Act. Non-official table of contents

§ 2 Comparison income

(1) Comparison income is the monthly average income of the basic salary of the Grade A of the Bundesbesoldungsordnung (Bundesbesoldung ordnung), which would be assigned to damaged persons 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 shall be determined in accordance with § 5.(2) If, without the injury, damaged
1.
in addition to the main occupation, there would have been one or more secondary professional activities or a common household within the meaning of § 30 (12) of the Federal Supply Act, they are assigned to the grade corresponding to the main occupation,
2.
a number of professional activities, of which each of the same time spent in the labour force requires, exercised or, to that extent, carried out both professional activities and a common budget, these activities together requiring the full power of work, shall be the grade assigned to the highest comparative income for the activities carried out,
3.
occupational activities alone or together with the (a) the management of a common household, without the total labour force required by those activities, is a part of the comparison income which corresponds to the use of labour for the professional activities of the Community; professional activity with the management of a common household, such as the occupational activity and the additional costs arising from the additional expenditure for the management of a common household to determine. The compensatory amount of the occupational injury shall be the sum of the two amounts, but not more than the compensation for damages resulting from the full comparative income for which the professional activity is based.
(3) 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. Non-official table of contents

§ 3 Average income

(1) Average income is the average income of those who have not completed vocational training Basic salary of grade 8 of grade A 5 according to Appendix IV to the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), in the case of damaged persons with completed vocational training the basic salary of grade 8 of grade A 7 according to Appendix IV to the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz); Damaged by 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 employment with a university of applied sciences, the basic salary of grade 8 of grade A 11 according to the 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 surcharge of Level 1 according to Annex V to the Federal Law on Salaries.(2) A completed vocational training, a technician's or master's examination or a completed university or higher education qualification must be taken into account only if it is a prerequisite for the exercise of the profession, on the exercise of which it is exercised the injury has an adverse effect, or if it significantly promotes income in this profession. As a university of applied sciences or higher education, only the training at a university of applied sciences or higher education institution is considered, 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) A ten-year activity or a five-year self-employed activity in the profession shall be the same as the completion of a vocational training, the injury being adversely affected by the injury, unless that activity was not appropriate; to promote the income of the activity considerably via the measure which is achievable without vocational training. Non-official table of contents

§ 4 Determination of average income in special cases

(1) Had demonstrably damaged in the profession that she before the occurrence of the injury or before the effect of the consequences of the injury, reaches a position which is not sufficiently taken into account by the provisions of § 3, the average income is the basic level of level 8 a grade of grade A, appropriate to that position, plus the family surcharge of Level 1 under Annex V to the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) shall be based. 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 to be an integral part of the basic salary. If settlement income is made known 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 to self-employed persons if the economic significance of the self-employed activity carried out by § 3 is not sufficiently taken into account at the relevant time in accordance with the first sentence of paragraph 1. 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 calculation 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 impact 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. Non-official table of contents

§ 5 Determination of the average income in case of injury sustained prior to the start of vocational training

The average income is to be determined on the basis of the basic salaries of the Bundesbesoldungsordnung A (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; in the case of suspected
1.
The completion of a vocational training in accordance with § 3, paragraph 1, for employees with completed vocational training, average income,
2.
Existence of a technician or master check in Section 3, paragraph 1, of the average income for damaged technicians or master craftwork,
3.
University of Applied Sciences degree, the average income specified in § 3, paragraph 1, for employees with a completed higher education education qualification, or
4.
The university degree is the average income specified in § 3, paragraph 1, for employees with completed higher education.
The job compensation is at the earliest after to the presumed conclusion of vocational training. Non-official table of contents

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

(1) As an average income in the sense of the Section 30 (11) of the Federal Supply Act applies to the amount of the grade for the grade, which is made known by the Federal Ministry of Labour and Social Affairs as a comparison income pursuant to Article 30 (5) sentence 6 of the Federal Law of the Federal Republic of Germany. without the secondary damage.(2) The classification in the grade shall be determined in accordance with § 3; § 2 (2) shall apply accordingly. 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 been left behind the comparison 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. The estimates are to be based on full percentages; fractions of percentages are to be rounded up from 0,50, otherwise to be rounded off.(3) If a further loss-related loss of income occurs after the secondary damage, without the person or persons being damaged from the working life, paragraph 2 shall apply, with the proviso that the grade of the Bundesbesoldungsordnung A shall be based on the condition , which would be assigned to the damaged persons on the basis of the consequences of the damage without taking account of the damage.(4) Insofar as the average income determined in accordance with Article 30 (11) of the Federal Supply Act is higher than the earned income previously obtained, this difference amount shall be deducted from the average income. The difference shall be reduced by one quarter from the date of the following adjustments in accordance with Section 56 of the Federal Supply Act.(5) In the cases of § 64c (2) sentences 2 and 3, paragraphs 1 to 4 shall apply accordingly. Non-official table of contents

§ 7 Reduction of the comparison income and the average income

(1) As a comparison income within the meaning of § 30 paragraph 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 (BundesSupply Act) 75 of the hundred of the German Federal Law on Supply Act (BundesSupply Act) are known to be 75% of the total number of or the adjusted amount determined and adjusted in accordance with § 87 (1) of the Federal Supply Act, at the end of the month in which the damaged
1.
Age limit according to the Sixth Book of Social Code has been reached,
2.
because of reaching or taking up a legal age limit from the working life ,
3.
due to a law, a collective agreement, an operating agreement or an agreement with the employer of the Possibility of early retirement making use of earned income and therefore giving up gainful employment.
In the case of professional soldiers, the date of leaving is the month in which the general public is Age limit according to § 45 (1) of the Soldatengesetz (Soldatengesetz) is reached. The second and third sentence of the first subparagraph shall not apply if the damaged persons make it credible that they would still be in employment without the injury.(2) In determining the compensation for professional damages in accordance with Section 30 (6) of the Federal Supply Act, the amount of the amount of the amount resulting from the first paragraph of paragraph 1 is the comparison or the amount according to § 30 paragraph 7 sentence 2 of the Federal Supply Act. Average income. Non-official table of contents

§ 8 Total gross income

(1) As current gross income, as long as in § 30 (11) sentence 1 and § 64c The provisions of the second sentence of paragraph 2 and of the Federal Supply Act, as well as the provisions of Section 9 of the Federal Supply Act,
1.
all Revenue in money or money value from an earlier or current independent activity and
2.
the value of one's own work in a current self-employed activity and income from a former self-employed activity.
The value of the work's own work must be taken into account by the basic salary of the grade 8 of the grade of the Bundesbesoldungsordnung A, the official of the Federal government would be to be paid in a comparable position. The valuation of income that does not exist in money (housing, catering, heating and other kind of benefits) is based on the Regulation on the compensation pension.(2) In particular, the revenue from previous independent or self-employed activities shall be
1.
Waits, pensions, and other benefits from previous services,
2.
Pensions from the statutory pension schemes, with the exception of pension shares based on childcare periods, and with the exception of the pension proportion, which is based on voluntary contributions, which do not-even indirectly-from income from an income from a Paid employment,
3.
Income from assets that have created employment with income from gainful employment in order to retire after leaving the country
4.
Current benefits from an occupational health care facility,
5.
the old-age pension, the retirement pension and the land delivery pension under the farmers ' age insurance law,
6.
Pensions from statutory accident insurance and pensions due to claims for damages due to lost work,
7.
Pensions according to the Federal Compensation Act due to a damage in professional and economic progress and
8.
Recurring services under the law governing the restitution of national-socialist injustice for public service members.
(3) Income from The amount of the 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 has been changed as a result of the occurrence of a claim for survivor's care.(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 Social Code and parental allowance in the sense of of the Federal Elder Money and Parental Leave Act (Bundeselterngeld-und Elternzeitgesetz) in the amount of the amount paid in each case, which exceeds the relevant amount in accordance with § 10 of the Federal Elder 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 an increase of 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) If, instead of the benefits referred to in paragraphs 1 and 2, a capital compensation is granted, the current gross income shall be an amount equivalent to the amount of the pension on which the capital compensation is based.(6) If a pension is paid on account of partial employment loss or inability to work because of a subsequent damage instead of a pension due to partial employment loss or incapacity for work, the amount as an income shall continue to be paid , which would be to be paid as a pension for partial employment reduction or incapacity for work.(7) If, without an agreement, Damned persons have had income from current or past employment in such a way as to reduce their income to be taken into account in determining the loss of income, without: If the amount of the income loss is to be determined as an income, the damage is to be found in the case of the loss of income in the sense of Section 30 (11) or in the case of § 64c (2) sentence 2 or 3 of the Federal Supply Act (Bundespensions Act). could result in low-income earning. 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 lower than that 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 To apply an average income in accordance with Section 30 (11) of the Federal Supply Act.(8) The current gross income, which is made available to those who have been employed by at least a quarter of the period of their professional activity, remains substantially behind an amount after leaving the labour force, which is in proportion to the last half-sentence to be taken into account in accordance with the first sentence of paragraph 1, the shortfall is to 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 were in employment 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

§ 9 Unaccounted for income

(1) On current gross income within the meaning of § 30 (4) sentence 1 of the 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 Christmas and New Year's gratifications referred to in point 17 shall remain, to the extent that they are designated as such, 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 amount of the income for the benefit to the The month of calculation of the performance is not taken into account. Income which leads to the reduction of the pension, sick or injury compensation shall remain unaccounted for by the gross amount underlying the credit.(2) In the case of the application of Section 30 (11) of the Federal Law on Supply, revenue shall not be taken into account which shall replace the earned income before the occurrence of the damage, insofar as it alone or together with income from current income. Activity shall not exceed the amount of the average income to be taken into account. In the determination of the compensation for damages pursuant to Section 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. name="BJNR127300011BJNG000200000 " />

Section 2
Damage compensation for widows, widows, and surviving life partners

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§ 10 Comparison income

(1) For the determination of the comparison income referred to in § 40a paragraph 2 of the Federal Supply Act, § § § 2 to 5 and 7 In paragraph 1, first sentence, point 1. § 7 shall, however, be applied only in so far as this does not reduce the pension benefits which the widow, widower and surviving life partner or the surviving life partner shall 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, which is calculated for the gross income taken into account in the month prior to the application of Section 7.(2) In order to determine the comparison income referred to in § 40a (4) of the Federal Supply Act, § § 2 to 5 shall apply accordingly. Non-official table of contents

§ 11 Gross income

For the determination of gross income within the meaning of § 40a Paragraph 2 of the Federal Supply Act Article 14 of the compensatory pension regulation shall apply accordingly; by way of derogation from this, both the Christmas and New Year gratifications mentioned in section 2 (1) (17) of this Regulation, insofar as they are designated as such, shall remain the same as in addition to the Remuneration paid in the form of a paid holiday allowance in each case up to one-twelfth of the annual income with which these benefits are related, or, if it is more favourable, up to the amount of the amount of the income for the month of the calculation of the 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

The calculation of the job loss or damage compensation is based on parts of the comparison or average income, the final amount of EUR 0.50 to be rounded off, otherwise to be rounded off. Non-official table of contents

§ 13 Entry into force, expiry

This regulation occurs on the 1. July 2011 in force. At the same time, the Professional Compensation Regulation is replaced 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. Non-official table of contents

Final formula

The Bundesrat has agreed.