Law On Compensation For Damage To Service In The Acceding Territory

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

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Act on compensation for service damage in the acceding area (Service Damage Compensation Act-DbAG)

Non-tampering table of contents

DbAG

Date of expend: 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. I p. 1114) "

:Last modified by Art. 6 (1) G v. 20.6.2011 I 1114

See Notes

Footnote

(+ + + text evidence: 1.1.1997 + + +)
The G has been referred to as Article 3 in the menu. G v. 11.11.1996 I 1674 (AAÜGÄndG 826-30-2/ 1) approved by the Bundestag with the consent of the Bundesrat. It's gem. Article 7 (1) of this G mWv 1.1.1997 entered into force.
Heading: Short description and abbreviation inserted by Art. 6 No. 1 G v. 19.6.2006 I 1305 mWv 1.3.2002 Non-official table of contents

§ 1 Claim

(1) Entitlement to a service damage compensation of 1. March 2002 to persons
1.
Claims for service damage full or partial pensions (Service damage pensions) from a special supply system pursuant to Annex 2 of the Claim-and Anwartschaftsüberguidance Act, according to the provisions of the first subparagraph of 1. In the case of special pension schemes or under the provisions of the law on the transfer of goods or services, the law applicable to the special supply systems or to the law on the transfer of other services or the transfer into the legal system of the special services or the legal provisions of the law Pension insurance no longer had,
2.
Claims within the meaning of point 1 after the date of the first subparagraph of 1. They did not have the right to do so because they were not in force before the 19. On 28 May 1990, they had moved their habitual residence to the territory of the Federal Republic of Germany without the territory of the applicant countries.
In February 2002, a service damage pension is not paid, the compensation for damages shall be paid on request.(2) Persons belonging to a special supply system and having suffered physical or health damage caused prior to its closure shall be entitled to compensation for damage to the service if the claim-based condition has been completed after the closure of the Special supply system has occurred. Non-official table of contents

§ 1a Performance failure and deprivation

(1) Benefits are to be denied if the person entitled to do so is to be taken into account. is in breach of the principles of humanity or the rule of law and the human rights violation justifying the withdrawal of benefits is an internal link with the injury to which the benefits are based.(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 the confidence of the person entitled to an ongoing award of benefits in individual cases also in view of the It is not the case that serious violations of the offences committed are not 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 effected after a reasonable transitional period.(3) Points of evidence which require a particularly intensive review of whether a person entitled has infringed the principles of humanity or the rule of law as a result of his or her individual conduct may, in particular, be taken from a The person entitled to the former Ministry of State Security/Office for National Security of the GDR has been given the same membership. Non-official table of contents

§ 2 Height

(1) The service damage compensation will be caused by a body or health damage that is subject to the regulations of the Special supply systems for a claim to a service damage pension have been or would lead, in the amount of the basic pension according to § 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. In order to compensate for the damage to the service which is to be paid on account of a full service damage to the statutory pension insurance, the degree of damage to the body or health shall be re-established; up to this point, the Provide for service damage compensation 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 most recently established degree of body or health damage can be assumed.(1a) Is after 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 Social Code, the degree of damage followed in accordance with paragraph 1 shall remain the same if the application of the principles of Section 30 of the Federal Supply Act does not increase the 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 Federal Supply Act would have surrendered.(2) Inventory for the month prior to the commencement of the right to compensation for service damage is a claim to service damage pension, the service compensation shall be compensated up to the receipt of a pension on the grounds of age, but at the latest until the date of the achievement of the Age limit according to the Sixth Book of the Social Code, by way of derogation from paragraph 1, at least in the amount in which a claim to service damages would have existed in accordance with the claim and the law transfer law; the reference a pension on grounds of age is the same as a similar benefit of a public service. 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 (3) (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 path

In order to determine eligibility requirements, administrative procedures, disbursements, reimbursement and legal proceedings, the following shall apply until 31 December 2013. In accordance with the provisions of the Eligibility And Eligibility Transfer Act and the AAÜG Reimbursement Ordinance, in accordance with the provisions of the Statutory Provisions on Service Damage, December 1996. The provisions of the First and Tenth Book of Social Law are to be applied. Non-official table of contents

§ 4 Services for the time of 1. August 1991 to 28. February 2002

(1) Persons in accordance with § 1, for which a communication on the non-granting of service damage was granted on 14 February 2002. In February 2002, compensation for service compensation was granted for the period of 1 February 2002. August 1991 to 28. February 2002, in so far as they were entitled to service damage during this period.(2) On the non-granting of service damages, the decision on the 14. It may, in so far as they are based on a rule of law which, after the adoption of such a decision, have been declared incompatible with the Basic Law, may only have effect for the period after 14 February 2002. February 2002 according to § 44 of the Tenth Book of the Social Code.(3) Persons in accordance with § 1 (2), which shall be the first after 1. A request for compensation for damages shall be submitted in March 2002 and shall also be granted for the period before the 1. March 2002.