Compensation
On 22 May 2003, FHV's Board of Directors decided about the provision of endowment benefits in the individuals compensation program. As of December 2005, all awarded endowment benefits have been transferred. The programme is thus closed now and no new applications for endowment benefits may be accepted.
Principles for Providing Endowment Benefits
Principles for Providing Endowment Benefits from the Endowment Fund For the Holocaust Victims (hereinafter the ”Endowment Fund”) to Individuals to Alleviate Some Property Injustice Suffered by the Holocaust Victims (the Version in Effect)
Article I
Mission of Endowment Benefits Provision
- The Endowment Fund shall provide endowment benefits (hereinafter the ”Benefits”) to alleviate some property injustice suffered by the Holocaust victims.
- The Endowment Fund shall provide the Benefits in accordance with Act No. 227/1997 of Coll. on Foundations and Endowment Funds, in accordance with amendments to other related legislation, in accordance with the Statute of the Endowment Fund and in accordance with these principles (hereinafter the ”Principles”).
- There is no legal title to receive the Benefits.
Article II
Amount of the Benefits
- The Benefits shall be provided to all individuals holding a rightful claim in accordance with Article III hereinbellow, whose applications meet all criteria set forth in these Principles.
- The amount of the Benefits shall be set forth as follows: According to the resulting amount of received applications, each shall be allocated a certain number of points. The overall amount of funds allocated to alleviate some property injustice suffered by the Holocaust victims shall be divided by the total number of points, thus stipulating the monetary value of one (1) point in Czech Crowns. Entitled individuals shall be provided the Benefits at the amount set by multiplying one (1) point in Czech Crowns by the number of points allocated to each application on the basis of the value of the specific confiscated property.
Article III
Entitled Individuals
- Individuals entitled to file an application shall include any and all individuals who were deprived of their ownership title to immovable property located on the territory of the Czech Republic due to racial persecution between September 29, 1938 and May 8, 1945 by an ownership title transfer, subsequently declared invalid by the Decree of the President of the Czechoslovak Republic No. 5/1945 of Coll. or by the Act No. 128/1946 of Coll., this ownership title never having been restored nor compensated in another manner (for instance on the basis of international treaties) and no legal title to the restitution thereof ensuing in accordance with Restitution Regulations issued after 1989 (hereinafter the ”Original Owner”).
- Should the Original Owner have died, the application may be filed by his or her surviving spouse.
- Should the spouse of the Original Owner have died, the application may be filed by his or her children.
- Should children of the Original Owner have died, the application may be filed by his or her descendants.
- Should the application be filed by more children of the Original Owner, the Benefits shall be equally divided among them.
- Should the application be filed by more descendants of the Original Owner in stead of his or her children, the share allocated to the deceased child of the Original Owner shall be equally divided among them.
Article IV
Application
- A written application must be delivered to the Endowment Fund no later than six (6) months after having made these Principles publically available in accordance with Article VI hereinbellow.
- The application must contain officially authenticated documentation attesting to the compliance with conditions set forth in these Principles, in particular the following:
- An official proof of identity of the applicant;
- Should the application not be filed by the Original Owner, an official death certificate of the Original Owner and/or of other individuals whose application would precede that of the applicant in accordance with Article III hereinabove;
- Official documents attesting to family relations of the applicant in accordance with Article III hereinabove (marriage certificates, birth certificates);
- A proof of the Original Owner’s title to immovable property during the period of time specified hereinabove and of the confiscation thereof in a manner set out in Article III, Section 1. hereinabove (Land Register Records);
- A declaration of the applicant that nor the Original Owner, nor his or her legal successor have been restored the property, nor granted compensation in any form or extent. Should this declaration turn out to be faulty after the payment of the Benefits to the applicant, the applicant shall be obliged to return the received payment.
- Applications not delivered on time and/or not containing required data and documentation in accordance with Article IV, Section 2. hereinabove, even following an appeal to specify the submitted application, shall be disregarded. Exempted are applications not containing documentation in accordance with Section 2. b), c) and d), but containing other documentation, implying the compliance with the conditions set by these ”Principles.”
Article V
Payment of the Benefits
- After the deadline published in Article IV, Section 1. hereinabove, the Endowment Fund shall gather all applications and those meeting all requirements in accordance with Article IV, Section 2 hereinabove shall constitute an application list to be further evaluated in accordance with Article II, Section 2. hereinabove, or in accordance with Article IV, Section 3, second sentence”.
- In evaluating the applications, the Endowment Fund shall also take into account legal principles set forth in Act No. 87/1991 of Coll. on Out-of-court Rehabilitation and later amendments thereto.
- The Endowment Fund shall decide on providing the Benefits no later than twelve (12) months from the date of publication in accordance with Article VI hereinbellow.
- The Endowment Fund shall provide the Benefits in the amount set forth in accordance with Article II, Section 2. hereinabove to the entitled individual.
Article VI
Conclusive Provisions
- These principles shall be published simultaneously in at least two national daily newspapers.
- The Endowment Fund shall ensure that these Principles be published in the bulletin of Jewish communities Rosh Chodesh and in other suitable ways to become available to all entitled individuals, including those living abroad.
In Prague as of May 22, 2003