Law On The Introduction Of The Bundesversorgungsgesetzes In The Saarland

Original Language Title: Gesetz zur Einführung des Bundesversorgungsgesetzes im Saarland

Read the untranslated law here: http://www.gesetze-im-internet.de/bvgsaareg/BJNR012929961.html

Law for the introduction of the Bundesversorgungsgesetzes in the Saarland BVGSaarEG Ausfertigung date: 16.08.1961 full quotation: "Act on the introduction of the Bundesversorgungsgesetzes in the Saarland in the adjusted version published in the Federal Law Gazette Part III, outline number 830-3," footnote (+++ text detection from validity: 1 1.1964 +++) input formula the Bundestag approved the following law with the consent of the Federal Council: type I introduction of the Bundesversorgungsgesetzes article 1 (1) the Federal version of the law on the amendment and supplementation of war victims law of 27 June 1960 (Federal Law Gazette I p. 453) , amended by the law amending and supplementing the first realignment Act of 20 April 1961 (Bundesgesetzbl. I S. 443), is introduced with effect from June 1, 1960 in Saarland, Germany. By way of derogation from sentence 1 pursuant to sections 10 to 12, 13 para 1 and 2, as well as the sections 14 to 24 of the Bundesversorgungsgesetzes with effect from the first day of the calendar quarter following the promulgation of this law, be introduced, the §§ 25-27 of Bundesversorgungsgesetzes with effect from the first day of the month following the promulgation of this law; However, this does not apply for section 26 of the Bundesversorgungsgesetzes insofar as it regulates the granting of maintenance contributions during vocational training, retraining, training or schooling for damaged or widows.
(2) the following regulations are introduced with effect from June 1, 1960 in the Saarland: regulation on the implementation of § 31 5 of the Bundesversorgungsgesetzes by April 17, 1961 (Bundesgesetzbl. I p. 453), regulation on the implementation of article 33 of the Bundesversorgungsgesetzes of 11 January 1961 (Bundesgesetzbl. I P. 19).
The regulation on the implementation of article 13 of the Bundesversorgungsgesetzes of June 6, 1961 (Bundesgesetzbl. I p. 669) and the regulation for the care of war victims by 30 May 1961 (Bundesgesetzbl. I p. 653) they determine as far as more information § 13 para 3 and 4 of the Bundesversorgungsgesetzes and to the granting of maintenance contributions during the training, retraining, training, and education pursuant to section 26 of the Bundesversorgungsgesetzes - introduced with effect from June 1, 1960 in Saarland; In addition, they are introduced with effect from the first day of the month following the promulgation of this law, in Saarland, Germany.

The decision is legally binding even after the Federal § 2 (1) if under the legislation of the Saarland has been decided on the question of the causal link of a health disorder with a damaging event in the sense of § 1 of the Bundesversorgungsgesetzes. § 85 of the Bundesversorgungsgesetzes shall remain unaffected.
(2) paragraph 1 sentence 1 does not apply, if a negated the causal link decision an administrative authority on the basis of article 3 of the regulation on the supply being from September 2, 1939 (Reichsgesetzbl. I S. 1686) or section 4 of the regulation on the Wehrmacht care and management sector by September 7, 1939 (Reichsgesetzbl. I S. 1699) in award proceedings not be challenged could and if a new application within one year after the promulgation of this law is provided. The same applies in the cases of § 85 of the Bundesversorgungsgesetzes to persons who had their domicile or permanent residence in the Saarland in the period from October 1, 1950 to 30 September 1951 and therefore were prevented from a renewed application of the claim according to § 85 set 2 of the Bundesversorgungsgesetzes in the version applicable before 1 June 1960.

§ 3 the supply Gebuehrnisse established under the legislation of the Saarland are paid until the end of the month, the decision about the change of supply on the Federal grants. You have to be on to be fixed according to the federal pensions. The training aid according to §§ 31d and 42B of the Kingdom supply act as amended on July 9, 1956 (Amtsblatt of des Saarlandes p. 957), last amended by the law No. 682 of July 3, 1959 (Amtsblatt of des Saarlandes p. 1077), are to be on the education aid according to § 27 of the Bundesversorgungsgesetzes. The application of § 62 of the Bundesversorgungsgesetzes is to assume the conditions that were decisive for the determination of reduction of earning capacity according to the legislation of the Saarland.

§ 4 (1) the total amount of the pensions to be paid to the federal or the according to § 5 para 1 without the services of victims of war (articles 25 to 27 of the Bundesversorgungsgesetzes) is less than the total amount, to pay for application of the legislation of Saarland including sections 31d and 42B of the Kingdom supply Act would be a compensation in the amount of the difference. The same applies if after the federal pensions are not payable due to imputation of income.
(2) paragraph 1 shall apply only for legitimate, where supply has been granted under the legislation of the Saarland to the promulgation of this law, or would have been granted Fort apply of these rules to a request prior to the promulgation of this law will.
(3) the compensation referred to in paragraph 1 is when a training aid is taken b of the Kingdom supply Act § 31d or § 42, credit in the amount of education aid to education aid to be granted under section 27 of the Bundesversorgungsgesetzes.

§ 5 (1) the Federal until the entry into force of this Act under the legislation of the Saarland supply as a legal claim or Kannleistung has been granted or would have admitted on the basis of an application prior to the promulgation of the law will, no supply which for a group of people, services in appropriate application of pursuant to sections 10 to 85 of the Bundesversorgungsgesetzes be granted. This does not apply if claims for after another law for the compensation of the same body damage or loss of the breadwinner.
(2) the services referred to in paragraph 1 are to withdraw if conditions occur, in whose presence the supply also would be revoked under the legislation of the Saarland. The services are been withdrawn once paragraph 1 is no longer applicable, even if the conditions relevant for the withdrawal change.

(1) references, that would be granted under the legislation of the Saarland as hardship compensation or donation until paid to the promulgation of this law or Fort apply of these rules to a request prior to the promulgation of this law will § 6 can be granted in amount due to the time of the promulgation of this law and rounded to full DM upwards with the consent of the Federal Minister for labour and Social Affairs as a gift.
(2) the contribution referred to in paragraph 1 is to withdraw if conditions occur, in whose presence the power granted under the legislation of the Saarland would be deprived also. Is the donation been withdrawn once, paragraph 1 is no longer applicable, even if the governing the withdrawal conditions change.

§ 7 section 44 para. 3 of the Bundesversorgungsgesetzes is, if an indemnity is granted under the legislation of the Saarland with the proviso that in place of the words "fifty months" the words "thirty-six months" and the word "fünfzigstel" replaces the word "sechsunddreißigstel".

Section 8 has been granted under the legislation of the Saarland once parents pension, shall be considered fulfilled the breadwinner property (§ 50 para 1 of the Bundesversorgungsgesetzes).

The relevant for granting regulations continue to apply are article 9 for the lump sum benefits granted under the legislation of the Saarland to the promulgation of this law. The basic State pension to be granted after the Federal is to reduce the amount of the lump-sum payment.

Section 10 is a beneficiary in the period between June 1, 1960 and died the day after the promulgation of this law, section 36, paragraph 4, of Bundesversorgungsgesetzes does not apply.

Section 11 (1) persons, which on the last day of the calendar quarter of the promulgation of this law by the regulation on health insurance for war survivors in the Saarland, as amended by the notice of 20 April 1959 (Amtsblatt of des Saarlandes p. 742), as amended by article 3 No. 3 of the Act No. 676 of 27 June 1959 (Amtsblatt of des Saarlandes S. 1073), insured are, can continue their insurance voluntarily , when they view this checkout within three months after the above date; they are entitled to a refund of contributions, if and as long as they are not entitled to medical treatment because of the amount of their income after the Federal. The rules of the Reichsversicherungsordnung for their insurance.
(2) for people who is not yet decided about the before the first day of the calendar quarter that follows on the promulgation of this law, have submitted a request for supply Gebuehrnisse, paragraph 1 with the proviso that they can continue their insurance voluntarily if they were assured of submission voluntarily at the time or had the right to voluntary continued insurance shall apply.

§ 12 
If in some cases hardship arising from § 1, compensation may be granted with the consent of the Federal Minister for labour and Social Affairs, in cases the Federal Minister of the Interior, war victim assistance.

§ 13 that are on the basis of this Act for granting services to handle the federal pensions.
Type II introduction of the Act on the living allowance for dependants of prisoners of war section 1 the law about the living allowance for dependants of prisoners of war in the version of April 30, 1952 (Bundesgesetzbl. I p. 262), last amended by the law on the amendment and supplementation of war victims law of June 27, 1960 (Bundesgesetzbl. I p. 453), is introduced with effect from June 1, 1960 in Saarland, Germany.

§ 2 the provisions of article I apply from the introduction of the Act on the living allowance for dependants of prisoners of war in the Saarland concerned persons according to, § 12 but with the proviso that takes the place of the Federal Minister for labour and Social Affairs, the Minister for displaced persons, refugees and affected by armed conflict.
Type III final provisions section 1 with the points arising from article I § 1 para 1 and article II be all contrary or extending legislation of the Saar override.

Article 2 - article 3 this Act applies in accordance with § 13 ABS. 1 of the third of transfer Act of January 4, 1952 (Bundesgesetzbl. I p. 1) also in the Federal State of Berlin.

§ 4 this Act with effect from June 1, 1960 into force.