Definition and General Introduction to the Federal Compensation Act
The Federal Compensation Act (BEG) is a German law that governs compensation for victims of National Socialist persecution. It first came into force on September 18, 1953, and has been amended several times since. The purpose of the law is to provide financial compensation to persons who were persecuted and harmed during the National Socialist era for political, racial, or religious reasons, as well as to their surviving dependents.
The Federal Compensation Act is the central legal framework for reparation of National Socialist injustice within the Federal Republic of Germany. It is one of the key laws of the so-called reparation legislation that arose in the 1950s.
Historical Development and Legislative Background
Origin and Purpose
After the end of World War II and the National Socialist dictatorship, there was broad consensus on the necessity to provide material compensation to victims of the Nazi regime for the damages suffered. Provisional regulations for restitution were already established in the individual occupation zones. The Federal Republic of Germany assumed this responsibility with the entry into force of the Federal Compensation Act, aiming to create a systematic, uniform, and conclusive regulation.
Legislative Development
The BEG has been amended and further developed multiple times. Significant changes were made through the First and Second Acts Amending the Federal Compensation Act (BEG Amendments). In 1965, the Federal Compensation Final Act (BEG-SchlussG) was enacted, which definitively concluded the BEG and aimed to secure legal peace.
Scope of Application and Requirements
Personal Scope of Application
The law is directed at persons who were persecuted in the so-called ‘old Reich’ (territory of the German Reich before December 31, 1937) during the Nazi era for specific reasons. These include in particular:
- Politically persecuted persons,
- Victims of racial persecution (especially Jewish citizens),
- Persons persecuted for reasons of faith or worldview.
A basic requirement is that the acts of persecution were committed between January 30, 1933 and May 8, 1945.
Material Scope of Application
The BEG regulates claims for compensation for damage to life, body, health, liberty, property, assets, profession, and economic advancement, insofar as these arose from acts of persecution. It covers both material and immaterial damages.
Types of Compensation under the Federal Compensation Act
Compensation in Money
The BEG distinguishes between lump-sum compensation (one-time payments) and pension compensation (recurring payments). Compensation is particularly granted in the following cases:
- Damage to life: Compensation for surviving dependents in the event of death.
- Damage to body or health: Compensation for suffered physical or health-related harm.
- Damage to freedom: Compensation for deprivation of liberty (e.g., imprisonment, concentration camps).
- Damage to property or assets: Replacement for expropriated, damaged, or lost assets.
- Damage to professional advancement: Compensation for missed career opportunities or loss of income.
Special Provisions for Surviving Dependents
Survivors of victims may, under certain circumstances, assert claims for survivors’ and orphans’ pensions. A prerequisite is usually that the persecution was the cause of the victim’s death.
Procedure and Enforcement of Claims
Application Process and Procedural Rules
Claims under the BEG are asserted by application to the competent state authorities for central administrative tasks or restitution. Extensive application and evidence requirements apply. Applicants must substantiate and prove facts of persecution as well as suffered damages and their consequences.
Exclusion and Limitation Periods
The BEG contains detailed exclusion periods for filing applications; numerous deadlines expired with the enactment of the BEG Final Act. Most claims expired or were excluded by December 31, 1969, at the latest. Exceptions apply in individual cases, for example, if new information about circumstances of persecution arises.
Significance and Critique of the Federal Compensation Act
Importance for Legal History
The Federal Compensation Act is considered a fundamental element of Germany’s engagement with its National Socialist past and is a milestone in the field of individual reparation. It served as a model for similar compensation regulations at the international level.
Controversy and Critical Aspects
Despite its pioneering role, the BEG was not without criticism. In particular, questions arose regarding appropriateness, exclusion periods, the level of compensation, and the groups of persons covered. Many affected individuals who only learned of their right to compensation late or who applied from abroad were unable to benefit from the regulations.
Another point of criticism concerns the complexity of the law and the requirements for proving persecution and consequential damage, which were problematic for many entitled persons in light of destroyed or unavailable documents.
Relationship to Other Provisions and Current Status
Relationship to State Compensation Laws and Further Restitution Regulations
Before the BEG entered into force, state-specific compensation laws partially applied. The BEG replaced these provisions and constitutes the final legal basis for the area of the Federal Republic of Germany. Furthermore, there are international agreements, in particular the Luxembourg Agreement with Israel, as well as special laws such as the Federal Restitution Act and the General War Consequences Act.
Contemporary Significance
With the expiration of exclusion and limitation periods, the vast majority of BEG claims have now been legally concluded. However, supplementary or additional benefits may still be granted in individual cases, for example, with later recognitions or previously unknown cases of persecution. The law also remains a historical reference work with fundamental legal significance for dealing with state injustice and subsequent compensation legislation in Germany.
References and Further Information
- Federal Law Gazette, BEG in the currently applicable version
- Legal texts and official justifications
- Essays and commentaries on the restitution legislation
- Documentations on the history of material restitution
Note: This summary provides a detailed overview of the Federal Compensation Act and its historical, legal, and social context. For individual questions regarding eligibility requirements, deadlines, or application processes, the relevant legal texts and official information from the responsible authorities should be consulted.
Frequently Asked Questions
Who is eligible under the Federal Compensation Act?
Eligible persons under the Federal Compensation Act (BEG) are particularly those who, during the National Socialist era, suffered disadvantages as a result of Nazi violent measures due to political opposition, racial reasons, religious conviction, or other specific grounds for persecution as named in the law. This includes, for example, German citizens or former German citizens who had their habitual residence within the scope of the law, as well as certain foreign nationals as specified by the legal requirements. Surviving dependents of persecuted persons, such as spouses, life partners, children, or, in certain circumstances, parents, may also be eligible. Eligibility is also tied to specific deadlines and further obligations of proof, such as that the persecution was in fact based on the grounds stated in the law. Eligibility applies both to individuals who suffered health or economic damage and to those whose health was harmed and for whom a causal link to the act of persecution can be established.
What benefits are provided under the Federal Compensation Act?
The Federal Compensation Act provides different types of compensation benefits. Generally, it distinguishes between compensation for damage to life, health, liberty, property, assets, and professional or economic advancement. These include one-time capital payments, ongoing pensions (e.g., for loss of earning capacity or survivor’s pensions), compensation for expropriated assets, compensation in kind, and reimbursement of damage incurred through deprivation of liberty or suffered discrimination. Costs for medical treatment or professional disadvantages can also be partially covered. The types and amounts of benefits are determined by statutory rates and set on a case-by-case basis, taking into account the proven damage and deducting any other compensation received.
What deadlines must be observed when asserting claims?
The Federal Compensation Act sets out various deadlines for asserting claims. Originally, compensation applications had to be submitted by December 31, 1969. For certain groups of cases or supplementary benefits, there have been and still are some extended or retroactive deadlines. Missing a deadline generally results in a complete loss of entitlement unless the missed deadline was not the person’s fault, and there is a legally recognized reason allowing reinstatement to the previous status. There are also deadlines for requests for modification, evidence of further damage, or changes to benefits, which may vary depending on the type of claim and the timing of the asserted rights.
How is the amount of compensation determined?
The amount of compensation under the BEG is regulated in detail and depends on the type of damage, the extent of the disadvantage suffered, the applicant’s income, and other individual factors. For damage to health or freedom, there are established tables that take into account the degree of damage and any lasting impairments. Economic damages, especially regarding assets or lost career opportunities, are determined on the basis of concrete evidence, with compensation received from third parties (for example, insurance or other government benefits) being taken into account. The exact calculation is governed by statutory provisions and ordinances, often involving medical reports, information from employers, and other evidence.
Is there any possibility of appeal or objection against BEG notices?
Legal recourse is available against decisions of the compensation authorities under the BEG. Within one month of notification of a rejection or partial approval decision, a claim may be filed with the competent administrative court. Due to historical developments, a preliminary objection procedure was originally required, but this requirement was partly changed with the entry into force of the Administrative Court Procedures Act. Furthermore, it is possible to submit a modification application in the case of newly discovered claims or subsequently provable damages. The general procedural rules of administrative law apply to appeal proceedings.
What are the verification obligations for applicants?
Applicants under the BEG are required to make credible the facts substantiating their claim. This includes especially evidence of the acts of persecution, such as personal records, official documents, witness statements, or—where not possible—credible accounts of events considering the historical circumstances. For health or asset damages, additional medical reports, proof of previous ownership, or work documents may be necessary. Proof requirements depend on the causal connection between persecution and damage. Lack of evidence may lead to denial or reduction of requested benefits.
To what extent are there repayment or set-off obligations in cases of multiple compensation?
The BEG provides, under so-called exclusion and set-off provisions, that benefits from other compensation or reparation regulations must be set off against claims under the BEG. If there are duplicate benefits, repayment reservations may apply. These provisions aim to prevent overcompensation and apply in particular to insurance benefits, foreign compensation payments, or other German laws, insofar as they cover the same damage. Repayment obligations may be mandated by notice and may also be enforced against legal successors.
What special provisions apply to those persecuted abroad?
For persons who, according to the law at the time, had their habitual residence abroad at the time of persecution, special provisions apply under the BEG. In principle, the act is primarily tailored to those persecuted domestically. Persons persecuted abroad may receive benefits under specific conditions, for example, if they were German nationals or stateless persons with previous ordinary residence in Germany. However, benefits are granted only to a limited extent in such cases, especially regarding asset damages, as not all types of BEG benefits are fully available to those persecuted abroad. The determining factors here are the conditions of residence, nationality, and supplementary international agreements.
