Federal Pension Act

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Basic data
Title: Law on the Care of Victims of War
Short title: Federal Pension Act
Abbreviation: BVG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Social law
References : 830-2
Original version from: December 20, 1950
( Federal Law Gazette p. 791 )
Entry into force on: October 1, 1950
New announcement from: January 22, 1982
( Federal Law Gazette I p. 21 )
Last change by: Art. 4 G of August 12, 2020
( Federal Law Gazette I p. 1879, 1884 )
Effective date of the
last change: 		January 1, 2021
(Art. 8 G of August 12, 2020)
Expiry: January 1, 2024
Art. 58 G of December 12, 2019
( Federal Law Gazette I p. 2652, 2723 )
GESTA : G034
Weblink: Text of the law
Please note the note on the applicable legal version.

The Federal Supply Act ( BVG ) regulates the state supply of war victims of the Second World War in Germany . With the corresponding application of the performance regulations for other personal injuries, it is now the central regulation of social compensation law .

According to Section 68 of Book I of the Social Code , the law is a special component of the Social Security Code and will be included in the Fourteenth Book of the Social Security Code on January 1, 2024 .

Immediate scope

It is to be used in the event of damage to health caused by ( § 1 )

  • military or military-like service
  • immediate war impact
  • Captivity
  • Internment abroad or in German areas not under German administration due to German nationality or nationality
  • a punitive or coercive measure associated with military or military-like service or with the general signs of disintegration if, under the circumstances, it is to be regarded as an obvious injustice,
  • an accident if the injured party was on the way either to obtain a benefit under the law or to appear at the request of a supply authority or a court, or the accident occurred during such a measure.

The law also applies to people who are already receiving benefits under at least one of the following laws

  • Law on Compensation for Personal Injury Caused by War ( War Personal Injury Act ) in the version published on December 22, 1927
  • Law on Compensation for Personal Injuries Caused by the Occupation of German Reich Territory ( Occupation Personal Damage Act ) in the version published on April 12, 1927 (RGBl. I p. 103)
  • Germans who fought on the Republican side in Spain from July 18, 1936 to March 31, 1939 ( Spanish Civil War ) and
  • Survivors of the above people
  • Displaced persons who had to do military service in the displacement area after the end of World War II and were damaged in the process

Military and military-like service was the following service

Since its entry into force, the Federal Supply Act has been amended several times, including a. regularly to update the benefit amounts specified in the law. The last major change was made by 14 and 15 of the Federal Participation Act .

The Federal Supply Act was applied in the area named in Article 3 of the Unification Treaty ( accession area ) from January 1, 1991.

Appropriate application

The following laws, among others, refer to the provisions of the Federal Supply Act:

People who have suffered damage to their health within the meaning of these laws receive the same care as war victims.

Eligibility requirements and scope

Anyone who has suffered damage to their health through a military or military-like service or through an accident while performing military or military-like service or through the conditions peculiar to this service will receive care on request because of the health and economic consequences of the damage. The supply includes medical treatment , maimed physical exercises and medical treatment , benefits for war victims , disability pension and nursing allowance , funeral grant , and death benefit , survivor's pension and funeral grant on the death of survivors .

Approved benefits such as the "basic pension" are z. As in the basic security in old age and disability do not count.

Compensation for Nazi perpetrators and their survivors

Already at the beginning of the Federal Republic of Germany, the pension applications of the widows Lina Heydrich , Margarete Himmler and Marion Freisler caused a sensation.

In 1993 there was a heated political debate about the Federal Supply Act. The background was a television report broadcast in 1993, according to which 128 Latvian legionaries of the Waffen-SS received benefits under the Federal Supply Act, including participants in mass shootings of Latvian Jews in 1941, while the victims left empty-handed. This was due to the legal constellation, according to which benefits under the Federal Compensation Act require a habitual residence in Germany, while the Federal Pension Act merely ties in with the service performed in the Wehrmacht, so that benefits can also be provided abroad. The faction of the Greens then submitted a motion in the Bundestag to immediately stop services to members of the Waffen SS. Until the law was changed, the pension application from former SS member Heinz Barth caused further sensation. After a long political debate, which also included the guarantee of protection of legitimate expectations for previous recipients, the legislature changed the Federal Pension Act with effect from January 21, 1998 to the effect that entitled persons who, during the rule of National Socialism, violated the principles of humanity or Have violated the rule of law, especially in the case of voluntary membership in the SS , to refuse benefits when applying after November 13, 1997 or to withdraw benefits with effect for the future in the event of an earlier application ( § 1a BVG).

In 99 cases, benefits were withdrawn from around 50,000 Nazi perpetrators and over 70,000 names of suspects from the beneficiaries provided by the Simon Wiesenthal Center .

Jurisdiction

The provisions of the Federal Supply Act and the ancillary laws have been transferred by the legislature to the war victims' supply offices. Departments of the war victims ' care are the state supply offices , supply offices , orthopedic supply centers and health care facilities. In Bavaria , the pension offices are integrated into the regional offices of the Bavarian Family and Social Center (ZBFS) and the state welfare office is integrated into the ZBFS headquarters. In North Rhine-Westphalia , the pension offices were dissolved on January 1, 2008 and the tasks were transferred to the regional associations of Rhineland and Westphalia-Lippe .

The local jurisdiction of the administrative authorities in the implementation of the Federal Supply Act for persons who have their place of residence or habitual abode outside the scope of the Basic Law is regulated by the Foreign Responsibility Ordinance .

Structure of the BVG

literature

  • Kurt Rohr, Horst Sträßer, Dirk Dahm: Federal Supply Act. Social compensation law and social codes . Loose-leaf work with 106th update, August 2016. Asgard-Verlag, ISBN 978-3-537-53299-2

Web links

Individual evidence

  1. ↑ Art. 58 No. 2, Art. 60 Paragraph 7 of the Act regulating the Social Compensation Law of December 12, 2019, Federal Law Gazette I p. 2652
  2. ↑ latest changes to the Federal Pension Act
  3. ↑ Federal Ministry of Labor and Social Affairs; Basic security in old age and in the event of reduced earning capacity , accessed on April 28, 2016.
  4. ↑ BSG, judgment of November 24, 2005, AZ B 9a / 9 V 8/03 R
  5. ↑ German Bundestag Printed Matter 12/4788, April 23, 1993
  6. ↑ Law amending the Federal Supply Act of January 14, 1998, Federal Law Gazette I p. 66
  7. ↑ BSG, judgment of September 30, 2009 - B 9 V 1/08 R
  8. ↑ Stefan Klemp , Martin Hölzl: The new version of § 1a Federal Supply Act (BVG): Deletion of war victim pensions for Nazi perpetrators - final report. Prepared on behalf of the Federal Ministry of Labor and Social Affairs, Bonn 2016, p. 140
  9. ↑ Act to integrate the pension offices into the general administration of the State of North Rhine-Westphalia (GV NRW 2007 p. 482, last amended by the law of October 25, 2011, GV NRW p. 542)
  10. ↑ BVerfG, decision of April 17, 2013 - 2 BvL 20/08 marginal no. 3 ff.