Pension Act

Original Language Title: Entschädigungsrentengesetz

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Compensation pension law

unofficial table of contents

defRG

expiration date: 22.04.1992

full quote:

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

:Last modified by Art. 14 G v. 22.12.2011 I 3057

For details, see Notes

Footnote

(+ + + Text evidence from: 1.5.1992 + + +)
The law has been used as the default. Article 1 G v. 22.4.1992 I 906 approved by the Bundestag with the consent of the Bundesrat and in accordance with. Article 3 of this G mWv 1.5.1992 entered into force. Non-official table of contents

§ 1

Honor pensions and survivors ' pensions due to the arrangement of honorary pensions for fighters against the Fascism and persecuted fascism as well as the survivors of the 20. The provisions of Chapter VIII of Annex II to Section III, Section III, Section III, point 5 of the agreement of 31 September 1976, 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 under the following provisions. unofficial table of contents

§ 2

(1) people who are up to 30. In April 1992, an honorary pension received a compensation pension of 717.50 Euro per month.(2) Recipients of survivors ' pensions and survivors of recipients of a compensation pension pursuant to paragraph 1 shall receive a compensation pension at the following level:
1.Work-incapable widows (widows)410 euros monthly,
2. Full orphans256,25 Euro monthly,
3.Semi-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 in accordance with the increase in the service and Federal civil servants ' pensions are raised by means of a legal decree. The increase shall take place for the first time if and to the extent that a pension performance of EUR 512.50 per month, which was signed in May 1992, exceeds the amount of EUR 717.50 per month for adjustment in accordance with the first sentence of the first sentence.(4) To the extent that, in accordance with § 4 of the Order of Honor in the case of a body damage of at least 20 of the hundred, a partial pension has been granted in the amount of the percentage of the body damage determined, the partial pension shall be determined by the amount determined in paragraph 1. . On reaching retirement age or in the event of invalidity after 30 years of age. A compensation pension pursuant to paragraph 1 shall be granted in April 1992.(5) For each eligible child, a child surcharge of EUR 102.50 per month shall be made.(6) Compensation pension for widows and widows shall be made if the marriage is before the 1. It was closed in January 1951. This also applies if a marriage is before the 1. It was not possible in January 1951 due to a lack of official documents or for other important reasons, or a marriage-like community existed and the marriage was not concluded until after that date. In case of a return from an emigration or with dismissal from an internment, detention or prisoner of war after the 31. December 1945 takes the place of 1. 5 years after the date of return or dismissal. Non-official table of contents

§ 3

(1) Persons who do not meet the requirements for the receipt of a compensation pension only because they are an honorary pension or a survivor's pension on the 30th In the case of non-reference, the Commission shall, at the earliest, not apply at the earliest from 3. October 1990, a compensation pension, if it is
a)
in the period of 1. 1 March 1990 to 2.
b)
the conditions for the following: (c) the conditions for the following: Recognition of the property as a persecuted person and the refusal of recognition is incompatible with the rule of law or with the provisions of the agreement of unity (Article 19, second sentence, of the agreement), or
c)
before the 1. The following were recognised as persecuted in March 1990 and the non-authorisation or withdrawal of an honorary pension or the withdrawal of the property as a person being persecuted is incompatible with the principles of the rule of law or with the provisions of the agreement on integration; (Article 19, second sentence, of the 'Einigungscontracges')
and at no time have grounds for withdrawing the property as a persecuted person.(2) A compensation pension referred to in paragraph 1 shall not be provided if, in respect of the facts which have, or may have been, led to recognition as a persecuted person, compensation or reparation under other provisions, in particular: Federal Indemnity Act, granted or granted.(3) The Federal Insurance Office shall decide on the granting of a compensation pension in accordance with paragraph 1 on a proposal from the Commission in accordance with Section 3 of the Pension Retirement Act of 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. Non-official table of contents

§ 4

Compensation pensions and benefits on the basis of the guidelines to be issued in accordance with § 8 shall remain as income Social benefits, the granting of which is dependent on other income, is not taken into account. 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. Non-official table of contents

§ 5

(1) Compensation rents are not to be approved, shortened or discernable if the person entitled to compensation or the person entitled to compensation is not that derided from the authorization, violated the principles of humanity or the rule of law or, to a serious extent, has abused its position to its own advantage or to the detriment of others.(2) The Federal Insurance Office shall decide on the reduction or withdrawal of a compensation pension on a proposal from the Commission in accordance with § 3 of the pension law.(3) The provisions of the Supply Retirement Act shall apply in accordance with the procedure laid down in paragraph 1; in particular, the provisional withdrawal of compensation pensions shall be subject to the provisions relating to a temporary resting of the supply pursuant to § 4 (4) of the law on retirement pensions. At the request of the person concerned, the Commission shall hear a persecuted organisation designated by the Commission.(4) The Deutsche Rentenversicherung Bund shall submit the transaction through the Federal Insurance Office of the Commission to the Federal Insurance Office (Bundesversicherungsamt) in order to provide evidence of a situation within the meaning of paragraph 1. The submission to the Commission shall be notified to the beneficiary.(5) The Commission may also take up 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. Non-official table of contents

§ 6

(1) The German Pension Insurance Association is responsible for the performance of the tasks under this Act, to the extent that: is not the responsibility of the Federal Insurance Office. The responsibility of the Deutsche Rentenversicherung Bund is also extended to the honorary pensions not previously paid by the Social Insurance Board of the Social Insurance.(2) The German Pension Insurance Fund (Deutsche Rentenversicherung Bund) shall transmit the data and documents required for the grant of the compensation pension to the Deutsche Rentenversicherung Bund, 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 in accordance with Article 2 (1), (2) and (5), the hearing of a participant is not required before the date of the date of the decision.(4) disputes arising under this Act shall be settled by the courts of the social justice system and shall be subject to the provisions applicable to the pension insurance scheme. In the case of a decision pursuant to § 5, Section 2 (3) and (4) of the Supply Retirement Act shall apply accordingly. unofficial table of contents

§ 7 (omitted)

- unofficial Table of contents

§ 8

(1) The Federal Government does not issue guidelines for the compensation of persons who are persecuted within the meaning of Section 1 of the Federal Compensation Act (BEG), not entitled to compensation pension under this Act , and who, because of their residence in the accession area, have not been able to receive compensation under the Federal Compensation Act or any other comparable scheme. Ongoing services should be provided for
1.
in detention in a concentration camp within the meaning of § 42 para. 2 BEG during 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.
Services shall also be provided for in 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, § 2 para. 6 applies accordingly.(3) The benefits shall be granted and dynamised at the same level as compensation pensions. They will be used with effect from 3. It was granted in October 1990.(4) The services are not to be granted or are to be withdrawn if the conditions of § 5 (1) are fulfilled.