Law On Compensation For Damage To Service In The Acceding Territory

Original Language Title: Gesetz über einen Ausgleich für Dienstbeschädigungen im Beitrittsgebiet

Read the untranslated law here: http://www.gesetze-im-internet.de/ausglbgg/BJNR167600996.html

Law on compensation for damage to service in the acceding territory (service damage compensation law - DbAG) DbAG Ausfertigung date: 11.11.1996 full quotation: "service damage compensation law of 11 November 1996 (BGBl. I p. 1674, 1676), most recently by article 6 paragraph 1 of the law of June 20, 2011 (BGBl. I S. 1114) is changed" stand: last amended by art. 6 para 1 G v. 20.6.2011 I 1114 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1.1.1997 +++) the G as article 3 G v. 11.11.1996 I 1674 (AAÜGÄndG 826-30-2/1) by the German Bundestag, with the consent of the Federal Council decided. It is under article 7 para 1 of this G mWv 1.1.1997 entered into force.
Title: short name and letter abbreviation inserted by article 6 No. 1 G v. 19.6.2006 I 1305 mWv polor section 1 claim (1) entitled to a compensation for damage to service have by March 1, 2002, persons who claims to be Dienstbeschädigungsvoll - or partial pensions (pensions of the service damage) from a legal special supply system according to applicable Appendix 2 of the claim, and projected unit credit transfer law after 1 August 1991 had 1 or on the basis of the rules for the special schemes or after the claim, and projected unit credit transfer law because of the meeting together with other services or due to the transfer to the statutory pension insurance no longer had, 2 claims in the law applicable to defined in paragraph 1 after the August 1, 1991 no longer had, because they have moved their habitual residence in the territory of the Federal Republic of Germany without the acceding territory before May 19, 1990.
On February 28, 2002 a pension of the service damage not paid, the service damage compensation request is paid.
(2) persons, who belongs to a special scheme and suffered a body - prior to its closure caused or damage to health, are entitled to service damage compensation if the claim giving rise condition occurs after the closure of the special pension scheme.

§ 1a service refusal and-entziehung (1) are services to fail if the party entitled to when a service action has violated the principles of humanity or the rule of law and of the unjustified withdrawal of the performance human rights abuses with the supplied the services underlying injury in an inner connection.
(2) services are to withdraw if a refusal reason within the meaning of paragraph 1 and the trust of the beneficiary on a continual granting of services in individual cases not predominantly also in view of the seriousness of the committed violations is worthy of protection or with effect for the future. As far as the immediate withdrawal or reduction of benefits leads to an undue hardship, the withdrawal or reduction should be after a reasonable transition period.
(3) evidence, which require a particularly deep scan, whether a beneficiary through his individual conduct has violated principles of humanity or the rule of law, can arise in particular from an affiliation of the person entitled to the former Ministry of State Security/Office of national security of the GDR.

Section 2 height (1) is the service damage compensation for physical injuries or damage to health, which has led to a claim to a pension of the service damage according to the regulations of the special schemes or would result in the amount of the basic pension pursuant to § 31 of the Bundesversorgungsgesetzes done. While the degree of physical or health damage is considered grade of the injury consequences; with a degree of injury consequences of 20, two-thirds of the minimum basic pension are to be based. For the service damage compensation, which is due to the service damage full pension convicted in the statutory pension insurance, newly determined the degree of physical or health damage; up to this observation, the pension funds at the request of can afford service damage compensation on the basis of a degree of physical or health damage by 70 per cent subject to a retroactive revision. Was the service damage partial pension due to article 11, paragraph 5, sentence 2 or 4 of the claim and vesting transfer Act is not paid, physical or health damage can be assumed by the last set level.
(1a) is to establish for the first time or new after 2 August 2001 the degree of physical or health damage, apply the principles which are to apply for the degree of the injury consequences according to § 30 of the Bundesversorgungsgesetzes. Subject to an application of article 45 of the tenth book of the social code, it remains at the level of the injury consequences identified pursuant to paragraph 1, if the application of the principles of article 30 of the Bundesversorgungsgesetzes results in a higher degree of injury consequences. A lower degree of the consequences of damage arises as a result of a substantial change in the actual situation is in determining new by the degree of the injury consequences to be had originally surrendered pursuant to paragraph 1. A higher degree of the consequences of the damage arises as a result of a substantial change in the actual conditions of new-to-be-fixed degree may not later be fixed, as the level that would result in application of the principles of article 30 of the Bundesversorgungsgesetzes.
(2) inventory for the month before the service damage compensation claim is a claim for the service damage partial pension, the service damage compensation up to the receipt of a pension due to age, but no longer than until they reach the age based on the sixth book of social code, Byway of derogation from paragraph 1 at least in the height provided, in a claim on the service damage partial pension according to the claim, and projected unit credit transfer law would have; been the receipt of a pension due to age is equivalent to the reference of a similar power of public art. This public article (3) does not apply for the duration of the cover of a pension because of reduction of earning capacity or a similar performance service damage compensation under this Act is ignored as income, if in benefits because of legislation granting or the amount of these benefits depends on other income.
Footnote § 2 para 2: IdF d. Article 6 No. 3 lit. c G v. 19.6.2006 I 1305 mWv polor, para 2 sentence 1 half set 2 (italics) mWv 23.6.2006 § 3 procedures, reimbursement, legal process for the determination of the eligibility requirements, the administrative procedures, payment, refund and legal action regulations shall apply that force until 31 December 1996 for the service damage pensions of part of of the claim and vesting transfer Act and the regulation of AAÜG-refund according to. The provisions of the first and tenth book social code shall apply.

§ 4 services for the period from 1 August 1991 until 28 February 2002 (1) persons according to § 1, for the a decision about not granting of service damage part of pensions on February 14, 2002 was not yet final, get as far as during this period would have been entitled on the service damage partial pension service damage compensation for the period from 1 August 1991 until 28 February 2002,.
(2) notices about not granting of the service damage part of pensions, which were final on 14 February 2002, can, as far as they are based on a rule of law, which are withdrawn after the adoption of these decisions incompatible with the basic law has been declared, only with effect for the time after 14 February 2002 according to § 44 of the tenth book of the social code.
(3) persons according to § 1 para 2, which submit a request to the service damage compensation for the first time after March 1, 2002, received them also for the period before 1 March 2002.