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Compensation for Holocaust victims
Agreement on compensation payment for “Child Survivors” of the Holocaust entered into force on 1 January 2015
The Conference on Jewish Material Claims Against Germany (Claims Conference) reached a landmark agreement with the German Finance Ministry, under which the organisation and the German government will together provide assistance to Jewish child survivors of the Holocaust. The agreement will enter into force on 1st January 2015.
“Child survivors” are defined as Nazi victims born on January 1, 1928 or later. Those who were in concentration camps, ghettos or were, for at least six months, in hiding or living under false identity will be eligible to receive a one-time payment of €2,500 for special psychological and medical care.
If you would like to file an application, please contact the Conference on Jewish Material Claims Against Germany directly, you will find more information under the following link:
http://www.claimscon.org/2015/01/child-survivor-fund-launched/
“Ghetto Pensions” – new legislation opens way for backdated pension payments
On 8 April 2014, the German Cabinet agreed on a draft law (now in force since August) amending some key points in the original Ghetto Pensions Act (the Act). The changes mean that persons drawing a pension based on periods of employment in a ghetto will be able to backdate this to 1 July 1997. This was originally only possible in the case of pension applications filed by the original June 2003 deadline.
Eligible persons will be contacted directly by the German Pension Insurance (DRV).
For further information, please read the Frequently Asked Questions (below).
Pension payments to internees who worked in wartime ghettos
The Law for the Payment of Victims of internees who worked in Wartime Ghettos (ZBRG) was passed on 20 June 2002 with effect from 1 July 1997.
In order to determine the period for which payments are to be made, the following criteria must be met:
- Legal status as a victim of persecution according to §1 of the Federal Compensation Law
- Forcible stay in a Ghetto located either in German occupied a area or a region incorporated into the German Reich
- Performance of an occupation in return for wages in that Ghetto
- Has not received compensation from a foreign social security system for the period spent in the Ghetto
For those with an existing German pension there is no automatic claim on a pension under the new law.
Pension payments under the new law will be made by application. The application can be made without an application form at the appropriate German insurance representative.
One-off Payments to former internees in recognition of work in a wartime ghetto
On 20 July 2011 the German Federal Government adopted a new version of the directive on recognition of work in a ghetto which did not constitute forced labour (Recognition Directive). Under the new directive, which applies retroactively from 6 October 2007, victims may receive a recognition payment even if their work in ghetto has previously been taken into account in a pension.
For detailed information on who is eligible for this payment and the applicaton procedure please refer to the website of the Federal Office for Central Services and Unresolved Property Issues (BADV).
International Commission on Holocaust Era Insurance Claims (ICHEIC)
The ICHEIC has completed its mission to identify, settle, and pay individual Holocaust era insurance claims.
ICHEIC, working together with 75 European insurance companies and partner entities throughout Europe, resolved more than 90,000 claims. Through the Commission's work, a total of $306 million was awarded to more than 48,000 Holocaust survivors, their heirs, and the families of those who did not survive. More than half of this amount was awarded on policies located as a result of ICHEIC's archival research (which matched Holocaust survivors and heirs to policy information) or through the Commission's humanitarian claims processes. ICHEIC also committed more than $169 million in additional funding for humanitarian programs, such as social welfare benefits for Holocaust survivors worldwide.
ICHEIC was established in 1998 following negotiations among European insurance companies and U.S. insurance regulators, as well as representatives of international Jewish and survivor organisations and the State of Israel. The resulting Memorandum of Understanding (“MOU”) created ICHEIC.
Through the MOU, ICHEIC was charged with establishing a just process to collect and facilitate the signatory companies' processing of insurance claims from the Holocaust period. Individuals negotiating on behalf of the companies and those negotiating on behalf of Holocaust survivors and heirs (U.S. insurance regulators from the National Association of Insurance Commissioners and international Jewish and survivor organisations) became either ICHEIC Commissioners, Alternates, or Observers. All had a voice in the organisation. Signatory companies agreed to process claims according to ICHEIC guidelines, which were negotiated and established by consensus among the ICHEIC membership.
Chairman Lawrence Eagleburger announced the successful completion of the Commission's claims and appeals processes in March 2007, and the Commission closed its doors shortly thereafter.
Further information: www.icheic.org
Frequently asked questions
FAQ regarding legislative amendments concerning the so-called ghetto pensions from the German pension insurance (ZRBG Amendment Act)
FAQ
- The amendments affect persons whose pensions were awarded retroactively, after the Federal Social Court had changed its jurisdiction in 2009, and started late, generally from January 2005, as a result of the restrictions of the four-year retroactivity period.
- They also affect those whose pensions commenced later because they had filed their pension applications after 30 June 2003. (This application deadline will cease to apply.)
- Moreover, they affect persons whose pension applications were denied or who did not file an application because the ghetto was not located in a territory occupied or annexed by the Third Reich, but in a territory that was merely “under Nazi influence”. This applies to ghettos in Slovakia, Romania and Shanghai among others.
- All ghetto pensions can now be paid retroactively with effect from 1 July 1997 provided the eligibility requirements such as minimum age and minimum insurance period are met.
- Persons already receiving pensions that started later can have their pensions paid retroactively from the earliest possible date (which is 1 July 1997). In that case, arrears of pension will in general become due. From the same time, the monthly amount of the pension will be lower. The reason is that the pension increments paid for the delayed commencement of pension payments become obsolete. If you wish to avoid this, you should keep the pension you have; in that case arrears of pension do not arise.
- Moreover, the limitations concerning the location of the ghettos were widened. Up to now ghettos must have been located in “a territory occupied or annexed by the Third Reich” Now ghettos located in a “territory under Nazi influence” also qualify. This means that a ghetto in Slovakia for instance is now also accepted for ghetto pension claims.
- Nothing changes for you. There is nothing you need to do; your pension continues to be paid as usual.
- If the German pension insurance already pays you a pension for your work in the ghetto, you don't have to do anything to start with.
- German pension insurance will send you an information letter. It tells you when your pension could start at the earliest and in what amount it would then be paid. It also gives the likely amount of the arrears of pension payable in that case. The arrears give rise to interest payments that are not yet shown in the letter.
- With the letter the German pension insurance will ask you to let them know whether you wish to receive your pension from the earlier date. In that case your pension will be “reassessed”. You are therefore asked if you wish your pension to be reassessed.
- If you opt for the earlier commencement of your pension, you should tick the corresponding box in the form and send it to the pension insurance to have your pension reassessed and paid out at the new rate.
- As soon as the new Act enters into force, pension insurance will start to send out the information letters. This is expected to be 1 August 2014.
- It will take several months to send out all the letters. So please do not worry if you do not get the letter immediately in August or September 2014.
- The German pension insurance will start by writing to the most senior beneficiaries.
- All beneficiaries with pensions starting later than July 1997 will be informed as quickly as possible. Beneficiaries do not need to take action themselves.
- If you have not heard from the German pension insurance by the end of 2014, please contact your pension office. You will find its address on your pension award letter or on your last pension adjustment information letter.
- Should you not find the address, you can write to Deutsche Rentenversicherung Bund, 10704 Berlin, Germany. Please state your insurance number (Versicherungsnummer - VSNR). If you do not know your insurance number, state your date of birth and give as reference “Ghettorente” (ghetto pension) or “Rente nach dem ZRBG” (ZRBG pension).
- There is no general answer to this question. When the pension starts earlier, monthly pension payments will be lower, but normally arrears of pension become due (see also answers to questions 2 and 14).
- Each beneficiary has to decide for him or herself whether it is more favourable to have an earlier start of the pension with arrears and lower monthly pension payments or to continue drawing the higher monthly pension payments without arrears. This depends on how long the pension is likely to be received. Whether a widow's or widower's pension will eventually have to be paid might also play a role in the decision.
- No, in general the information letter is sent to you directly.
- However, it will be sent directly to the authorised lawyer if you filed an objection to or brought action against the pension award decision and the case is still pending.
- It will also go to the authorised lawyer if he already filed an application for the reassessment of your pension in view of the change in legislation.
- You can revoke the power of attorney at any time, for instance if you wish to avoid further costs for the lawyer's services. In that case please inform your pension office stating your insurance number (Versicherungsnummer - VSNR).
- The information letters are in German, English, Hebrew, Russian, French, Hungarian or Czech depending on where the claimant lives.
- We will be pleased to provide you with a copy of the information letter and the reply form (forms “ZRBG 932”/ “ZRBG 933”).
- If you informed pension insurance that you opt for an earlier start of your pension, they will reassess your pension and send you a new pension award letter.
- It will show the new - lower - amount of your monthly pension and the arrear payment to which you are entitled. Because of the new date of calculation the amount of the arrear payment will differ slightly from the amount shown in the information letter. This is quite normal and not a mistake.
- The new pension award letter also shows the amount of interest to which you are entitled.
- Since several thousand pensions have to be reassessed, this might take some time. But the pension insurance institutions will process the applications as quickly as possible.
- There is no general answer to this question, since this depends on the pension amount which varies greatly among beneficiaries.
- Assuming the current pension amount is €200 per month, arrear payments of around €7,000 in total might be expected.
- The amount of arrear payment that you could roughly expect is shown in the information letter you will receive from the German pension insurance.
- Yes, interest on the arrears is paid at a rate of 4% a year.
- The exact amount of the interest that you will receive is shown in the new pension award letter that you will receive once you requested an earlier start of your pension.
- The information letter does not show the interest payment since interest is determined only when your pension is actually reassessed.
- Yes, the amount of the monthly pension is less when the pension starts from an earlier date.
- The reason is that your current pension includes increments payable for each year after age 65 in which you did not receive the pension.
- If you receive a pension that, for instance, started on 1 January 2005 rather than on 1 July 1997, your pension includes increments of 6% for each year for the period 1 July 1997 to 31 December 2004 (totalling 45% for the 7½ years). If your pension is recalculated (reassessed) with retroactive effect from 1 July 1997, increments for the period from July 1997 to December 2004 are no longer due. The monthly amount of the pension will decrease as a result. The overpaid increments for the period from January 2005 will be recovered by deducting them from the arrears of pension accruing for the time from July 1997 to December 2004.
- No, when you already receive a recurrent pension that includes ZRBG periods, you do not need to file a new application. German pension insurance will send you a form on which you can tick a box to indicate that you wish to have your pension reassessed with effect from an earlier date.
- No, there are no deadlines for applications under the amended law. You can file an application any time.
- However, if you wish to draw your pension from an earlier date (July 1997 at the earliest), you should reply to the information letter of the German pension insurance if possible within 3 months so that the arrears of pension can be paid out to you as soon as possible.
- No, it is not necessary for you to hire a lawyer.
- German pension insurance will contact you of its own initiative and send you a simple and easy to understand letter. You can tick a box in the enclosed form to indicate whether you wish to receive your pension from an ealier date.
- If you find it difficult to cope with the letter and the form, you can turn to the German pension insurance or to the following organisations which will help you free of charge:
The Association of Jewish Refugees (AJR)
Rosemary Peters
Jubilee House
Merrion Avenue
Stanmore
Middx HA7 4RL
Tel.: 020 8385 3088
Fax: 0208 385 3080 Of course, you may also hire a lawyer. But you have to pay for the cost of the lawyer yourself.
- You can turn to the following organisations that will assist you free of charge:
The Association of Jewish Refugees (AJR)
Rosemary Peters
Jubilee House
Merrion Avenue
Stanmore
Middx HA7 4RL
Tel.: 020 8385 3088
Fax: 0208 385 3080
- No, you do not need to take action yourself. The German pension insurance will check whether your pension could start earlier.
- If this is the case, they will contact you.
- As a widow or widower you can apply for the reassessment of the pension of your late spouse and you will receive the corresponding arrears of pension.
- But please bear in mind, that in that case your widow's/widower's pension will also be reassessed and that your resulting monthly pension will be lower. The reason is that the increments included in the deceased spouse's pension become obsolete (see also answer to question 14).
- These increments are partly reflected in your widow's/widower's pension which is derived from the pension of the deceased spouse. If the pension of the deceased spouse is reassessed under the aspect of an earlier pension start, your survivor's pension must be reassessed alike. In consequence, increments are no longer payable and the monthly pension amount will be lower.
- As an heir you can apply for payment of the pension from an earlier date. To this end, please contact the German pension office that last paid the pension.
- If pension insurance verified that an earlier start of the pension is possible, you will receive arrears of pension for the period ending with the month in which the deceased died.
- For this purpose, you have to submit a certificate of inheritance to the pension office.
- No, this is not possible. The right of application is a very personal right which can only be exercised by the beneficiary him or herself.
- All applications filed after the entry into force of the ZRBG Amendment Act (expected for 1 August 2014) are deemed to have been filed on 18 June 1997, with the consequence that the respective pensions can start on 1 July 1997 - provided all other requirements are met.
- Current ZRBG pensions which a later start can be paid from the earliest possible date, i.e. from July 1997 at the earliest. In these cases the German pension offices will contact the beneficiaries by sending them an information letter outlining the specific effects of the amended law (see answers to questions 2 and 4). An application is not required.
I receive a pension based on periods of ghetto work and contribution periods from other employment (before and/or after the war). Does the earliest possible date for the start of the pension, i.e. 1 July 1997, apply to the full pension or only to those parts that are based on periods of ghetto work?
- In general, July 1997 as the earliest possible date for the start of the entire pension applies to the full pension.
- However, when a pension commenced before 1 July 1997 (on the basis of contribution periods from other employment before and/or after the war), the share of the pension that reflects ghetto employment recognised under ZRBG is paid from 1 July 1997 at the earliest.
- Yes, the Shanghai ghetto will also be recognised for establishing entitlement to a ZRBG pension.
- The German pension offices will review the previously denied applications ex officio and contact the claimants.
- You may also turn to your pension office and, stating your insurance number (Versicherungsnummer - VSNR), request a review of your previous application in the light of the ZRBG Amendment Act.
- If you have not yet mentioned periods of employment in a ghetto located in these territories, please inform your pension office so that it can check your pension entitlement.