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Compensation pension law

Original Language Title: Entschädigungsrentengesetz

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Compensation pension law

Unofficial table of contents

DefRG

Date of completion: 22.04.1992

Full quote:

" Compensation pension law of 22 April 1992 (BGBl. 906), as last amended by Article 14 of the Law of 22 December 2011 (BGBl). I, p. 3057).

Status: Last amended by Art. 14 G v. 22.12.2011 I 3057

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.5.1992 + + +)
The law was adopted as article 1 G v. 22.4.1992 I 906 by the Bundestag with the consent of the Bundesrat and in accordance with the provisions of the German Bundestag. Article 3 of this G mWv 1.5.1992 entered into force. Unofficial table of contents

§ 1

Pensions and survivors ' pensions pursuant to the Order of Honor for Fighters against Fascism and for the Persecution of Fascism and the Survivors of Fascism of 20 September 1976, pursuant to Annex II, Chapter VIII, State of the art H Section III No. 5 of the Agreement of 31 August 1990 in conjunction with Article 1 of the Law of 23 September 1990 (BGBl). 885, 1214), the following provisions shall continue to be paid as compensation pensions. Unofficial table of contents

§ 2

(1) Persons who have received an honorary pension until 30 April 1992 will receive a compensation pension of EUR 717.50 per month. (2) Recipients of survivors ' pensions and survivors of a compensation pension shall be awarded to persons who have received an honorary pension. Paragraph 1 shall receive a compensation pension at the following level:
1. work-incapable widows (widows) 410 euros per month,
2. Full orphans 256,25 Euro per month,
3. Half orphans 153.75 Euro per month.
(3) The compensation rents referred to in paragraphs 1 and 2 shall be increased by the percentage by which the minimum pensions pursuant to section 32 of the Federal Compensation Act are increased by the increase in the salaries and pensions of the federal civil servants. Legal regulation in each case. The increase shall be for the first time if and to the extent that a pension performance of EUR 512.50 per month in May 1992 exceeds the amount of EUR 717.50 per month for adjustment in accordance with the first sentence. (4) Insofar as according to § 4 of the arrangement on honorary pensions in the case of a body damage of at least 20 per cent, a partial pension equal to the percentage of the body damage determined, the partial pension shall be deducted from the amount referred to in paragraph 1. In the case of retirement age or invalidity after 30 April 1992, a compensation pension under paragraph 1 shall be granted. (5) A child surcharge of EUR 102.50 per month shall be paid for each eligible child. (6) Compensation pension for widows and widows shall be made if the marriage was concluded before 1 January 1951. This also applies if a marriage was not possible before 1 January 1951 due to a lack of official documents or for other important reasons, or if a marriage-like community existed and the marriage was not concluded until after that date. In the event of a return from an emigration or dismissal from an internment, detention or prisoner of war after 31 December 1945, the period of five years following the return or dismissal shall be replaced by the office of 1 January 1951. Unofficial table of contents

§ 3

(1) Persons who do not fulfil the conditions for the receipt of a compensation pension only because they did not receive an honorary pension or a survivor's pension on 30 April 1992 will receive at the earliest starting date from 3. October 1990, a compensation pension if it
a)
in the period from 1 March 1990 to 2 October 1990, including as persecuted persons in accordance with the provisions referred to in § 2 of the Order of Honor Pensions,
b)
have fulfilled the conditions for the recognition of the property as a persecuted person and the refusal of recognition is incompatible with the principles of the rule of law or with the provisions of the agreement on unity (Article 19, second sentence, of the (a)
c)
have been recognised as persecuted persons before 1 March 1990 and the non-authorization or withdrawal of an honorary pension or the withdrawal of the property as a persecuted person with the rule of law or with the provisions of the agreement on the agreement is incompatible (Article 19, second sentence, of the agreement)
(2) A compensation pension under paragraph 1 shall not be provided if the facts which have led to or have led to the recognition as persecuted persons are not provided for: (3) The granting of a compensation pension in accordance with the provisions of paragraph 1 shall be decided on the basis of the following: Federal Insurance Office on a proposal from the Commission in accordance with § 3 of the pensions law of the Federal Republic of Germany 25 July 1991 (BGBl. I p. 1606, 1684). Where necessary, the Commission may obtain information from the public authorities and consult files. The transfer of personal data and the inspection of files shall be subject to the relevant provisions governing the transfer or inspection of the data. At the request of the person concerned, the Commission shall hear a persecuted organisation designated by the Commission. The Commission proposal shall be accompanied by a written justification. The decision of the Commission shall also be notified to the person concerned. If the Federal Insurance Office wishes to derogate from the Commission's proposal in duly substantiated cases, it has to justify it. In court proceedings, the Commission is to be annexed. Unofficial table of contents

§ 4

Compensation pensions and benefits due to the guidelines to be issued in accordance with § 8 shall not be taken into account as income in the case of social benefits, the granting of which is dependent on other income. In the case of the use of benefits under the Twelfth Book of the Social Code, compensation pensions and benefits are credited in half as a result of the directives to be adopted in accordance with § 8. Unofficial table of contents

§ 5

(1) Compensation rents shall not be approved, shortened or discernable if the beneficiary or the person from whom the authorization is derived infringes the principles of humanity or the rule of law or in (2) The Bundesversicherungsamt (Federal Insurance Office) decides on the reduction or withdrawal of a compensation pension on a proposal from the Commission in accordance with § 3 of the German Federal Republic of Germany's (3) The procedure referred to in paragraph 1 shall apply to the provisions of the In particular, the provisional withdrawal of compensation pensions shall be subject to the provisions relating to a temporary suspension of the supply according to Article 4 (4) of the Supply Retirement Act. At the request of the person concerned, the Commission has to hear a tracking organisation designated by the Commission. (4) The German Pension Insurance Association has made a statement regarding the facts as referred to in paragraph 1 above. The Federal Insurance Office of the Commission. The Commission shall be informed of the submission to the Commission of the facts. (5) The Commission may also take up the facts within the meaning of paragraph 1 from its own initiative. In such cases, it shall communicate this to the German Pension Insurance, the Federal Insurance Office and the beneficiary. Unofficial table of contents

§ 6

(1) The Deutsche Rentenversicherung Bund is responsible for the performance of the tasks under this Act, unless the competence of the Federal Insurance Office has been given. The responsibility of the Deutsche Rentenversicherung Bund is also extended to the honorary pensions which have not yet been paid out by the Social Insurance Board. (2) The posts that pay out honorary pensions have the Germans Pension insurance scheme to transmit the data and documents required for the granting of the compensation pension, as far as possible on machine-usable data carriers. (3) The First and Tenth Book of the Social Code shall apply accordingly. The determination of a compensation pension pursuant to § 2 para. 1, 2 and 5, the re-approval of a compensation pension pursuant to § 3 as well as the decision pursuant to § 5 shall be made by written notice. In setting a compensation pension pursuant to § 2 (1), 2 (2) and (5), the hearing of a participant is not required before the date of the decision. (4) The courts of the social jurisdiction decide on disputes arising under this law; the provisions applicable to pension insurance shall apply. In the case of a decision pursuant to § 5, Section 2 (3) and (4) of the Supply Retirement Act applies accordingly. Unofficial table of contents

§ 7 (omitted)

- Unofficial table of contents

§ 8

(1) The Federal Government shall issue guidelines for the compensation of persons who are persecuted within the meaning of Section 1 of the Federal Compensation Act (Bundesentschädigungsgesetz (BEG)), who are not entitled to compensation pension under this Act and who are due to reside in the Federal Republic of Germany for their residence in the Accession area could not receive reparations under the Federal Compensation Act or other comparable regulations. Provision should be made for current
1.
in the case of detention in a concentration camp within the meaning of Section 42 (2) of the BEG for at least six months, or
2.
in the case of deprivation of liberty in another detention centre or in the case of restrictions on freedom of freedom within the meaning of § 47 BEG for at least 12 months.
Benefits shall also be provided in the event of exceptional circumstances, taking into account in particular the nature and severity of the persecution and the strength and duration of its effects. (2) For the eligibility of widows and Widows of persecuted persons within the meaning of § 1 BEG shall apply in accordance with Section 2 (6). (3) The benefits shall be granted and dynamised at the same level as compensation pensions. They will be used with effect from 3. (4) The benefits are not to be granted or to be withdrawn if the conditions of § 5 (1) are fulfilled.