Law on compensation for damage to service in the accession area (Compensation of the Service Damage Compensation Act-DbAG)

Unofficial table of contents

DbAG

Date of completion: 11.11.1996

Full quote:

" Service damage compensation law of 11 November 1996 (BGBl. I p. 1674, 1676), most recently by Article 6 (1) of the Law of 20 June 2011 (BGBl. 1114). "

Status:

Last amended by Art. 6 para. 1 G v. 20.6.2011 I 1114

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1997 + + +)
The G was decided as Article 3 G v. 11.11.1996 I 1674 (AAÜGÄndG 826-30-2/ 1) by the Bundestag with the consent of the Bundesrat. It's gem. Art. 7 (1) of this G mWv 1.1.1997 entered into force.
Title: Short description and abbreviation inserted by Art. 6 No. 1 G v. 19.6.2006 I 1305 mWv 1.3.2002 Unofficial table of contents

§ 1 Claim

(1) The right to compensation for service compensation shall be of 1 March 2002 to persons who:

1.

Claims for service damage full or partial pensions (service damage pensions) from a special supply system pursuant to Appendix 2 of the Claim and Eligibility transfer law pursuant to the law applicable from 1 August 1991 or due to reason of the the arrangements for the special supply systems or under the right to claim and the law on the transfer of goods no longer had due to the overlapping with other services or because of the transfer to the statutory pension insurance scheme,

2.

Claims within the meaning of point 1 after the law applicable from 1 August 1991 no longer had the effect of relocating, before 19 May 1990, their habitual residence in the territory of the Federal Republic of Germany without the accession territory.

If a service damage pension was not paid on 28 February 2002, the compensation for damage to the service is paid on request. (2) Persons belonging to a special supply system and a body caused by the closure of the special pension scheme before the closure of the service. Health damage suffered, shall be entitled to compensation for damage to the service if the condition of claim has occurred after the closure of the special supply system. Unofficial table of contents

§ 1a Failure to perform and deprivation of performance

(1) Services shall be refused if the person entitled to do so has failed to comply with the principles of humanity or the rule of law and the human rights violation which justifies the withdrawal of benefits in respect of the benefits to be provided by (2) Services shall be withdrawn in whole or in part with effect for the future if there is a reason for failure within the meaning of paragraph 1 and if the confidence of the person concerned is based on a continuous provision of services in individual cases, also in view of the seriousness of the is not primarily worthy of protection. To the extent that the immediate withdrawal or reduction of benefits leads to an unreasonable hardship, the withdrawal or reduction shall be carried out after a reasonable transitional period. (3) Indications which require a particularly intensive review where a person entitled has infringed the principles of humanity or the rule of law as a result of his or her individual conduct, he may, in particular, be entitled to the former Ministry of the State Security/Office for National Security of the GDR. Unofficial table of contents

§ 2 Height

(1) The compensation for damages shall be in the case of damage to the body or health which, in accordance with the regulations of the special supply systems, has resulted in a claim to a service damage pension or would result in the amount of the basic pension in accordance with § 31 of the Federal Supply Act. The degree of damage to the body or health shall be considered to be the degree of the consequences of the damage, and two thirds of the minimum basic pension shall be based on a degree of damage to the damage of 20. The level of damage to the body or health of the damage caused by a service damage done to the statutory pension insurance scheme shall be re-established to the extent that the damage to the body or health is rediscovered; the providers of supply, on request, provide compensation for service damage on the basis of a degree of damage to the body or health of 70 of the hundred under the reservation of a retroactive re-determination. If the service damages were not paid due to § 11 para. 5 sentence 2 or 4 of the claim and the title transfer law, the last determined degree of body or health damage can be assumed. (1a) Is according to the 2. The principles governing the determination of the degree of damage to the damage pursuant to Section 30 of the Federal Law of Supply shall apply for the first time or to determine the degree of damage to health for the first time or to be reestablished in August 2001. Subject to the application of § 45 of the Tenth Book of the Social Code, the degree of damage followed in accordance with paragraph 1 shall remain, if the application of the principles of Section 30 of the Federal Law of Supply does not have a higher degree of Damage sequences are obtained. If, as a result of a substantial change in the actual circumstances, a lower degree of the consequences of the damage is obtained, the redetermination shall be based on the degree of damage consequences which had originally been obtained from paragraph 1. If, as a result of a substantial change in the actual circumstances, a higher degree of damage is obtained, the degree of damage to be fixed may not be set higher than the degree to which the degree to which the principles of § 30 of the (2) The period before the commencement of the right to compensation for service damage is a claim for a pension, the compensation for service damages up to the receipt of a pension on the grounds of age, However, until the control age limit is reached after the sixth book Social code, by way of derogation from paragraph 1, at least in the amount in which a right to a service-damage pension would have existed under the claim and the law-transfer law; the receipt of a pension on the grounds of age is related to the reference a similar service of a public-law nature. This does not apply to the duration of the payment of a pension due to a reduction in the earning capacity or a similar benefit of a public law. (3) A compensation for damages under this Act shall not be considered as an income if, in the case of Social benefits on the basis of legislation the granting or the amount of these benefits depends on other income.

Footnote

§ 2 para. 2: IdF d. Art. 6 No. 3 Buchst. c G v. 19.6.2006 I 1305 mWv 1.3.2002, para. 2 sentence 1 half-sentence 2 (italic print) mWv 23.6.2006 Unofficial table of contents

§ 3 Procedure, refund, legal action

For the purposes of determining eligibility, administrative procedure, disbursing, repayment and legal proceedings, the provisions of the claim applicable until 31 December 1996 for the parts of the service subject to damage to service shall apply: Application and the AAÜG refund ordinance accordingly. The provisions of the First and Tenth Book of Social Law are to be applied. Unofficial table of contents

§ 4 Benefits for the period from 1 August 1991 to 28 February 2002

(1) Persons in accordance with § 1, for which a communication on the non-granting of service damages was not yet indisputable on 14 February 2002, shall be compensated for the period from 1 August 1991 to 28 February 2002, insofar as they are not subject to any further action. (2) proceedings concerning the non-granting of service damages, which were indisputable on 14 February 2002, may, in so far as they are based on a legal standard, which shall be based on a legal standard, which shall be subject to the The adoption of such a decision has been declared incompatible with the Basic Law, are withdrawn only with effect for the period after 14 February 2002 in accordance with § 44 of the Tenth Book of Social Code. (3) Persons pursuant to § 1 (2), who for the first time after 1 March 2002 submit a request for compensation of service damage, receive this also for the period before 1 March 2002.