Second Law on the Unification and Reregulation of the Law on Remuneration in the Federal Government and the Länder (2. BesVNG)

Unofficial table of contents

2. BesVNG

Date of completion: 23.05.1975

Full quote:

" Second Law for the Unification and Reregulation of the Law of Remuneration in the Federal Government and the Länder of 23 May 1975 (BGBl. 1173), as last amended by Article 14 of the Law of 19. October 2013 (BGBl. 3836).

Status:

Last amended by Art. 14 G v. 19.10.2013 I 3836

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.9.1980 + + +) 

  

Art. VI No. 2: SoZuwG 2032-6 Unofficial table of contents

Content Summary

Article I:	Revision of the Bundesbesoldungsgesetz
Article II:	Amendment of the First Law on the Unification and Reregulation of the Law of Remuneration in the Federal Republic of Germany and the Länder (1.BesVNG)
Article III:	Application of the transitional provisions of Article II of the 1.BesVNG to the recipient
Article IV:	Amendment of the Federal Officials Act and the Civil Service Law Framework Act
Article V:	Modification of other laws
Article VI:	Recast of the law on capital benefits for civil servants, judges, professional soldiers and soldiers on time, as well as the law on the granting of an annual special grant
Article VII:	Adjustment of pension benefits in federal and state governments
Article VIII:	Special provisions in the field of social security
Article IX:	Transitional provisions
Article X:	Supervision of civil servants at universities
Article XI:	Final provisions

Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

Type I
Revision of the Bundesbesoldungsgesetz

Type II
Amendment of the First Law on the Unification and Reregulation of the Law on Remuneration in the Federal Government and the Länder

Species III
Application of the transitional provisions of Art II of the 1 BesVNG on beneficiaries

Unofficial table of contents

§ 1 applicable law applicable to existing beneficiaries

Article II of the First Law for the Unification and Reregulation of the Law on Remuneration in the Federal Government and the Länder, as amended by the Second Federal Remuneration Law, applies to the supply recipients present at the time of the entry into force of this provision. further. Unofficial table of contents

§ 2 Minimum supply

For the assessment of the minimum pensions and the minimum pension benefits, the non-wage-earned employment allowance in accordance with Article II (6) (1) of the First Remuneration group shall be awarded on the basis of the relevant ruthful remuneration in each case from the final grade of grade A 3. Law for the unification and re-regulation of the law of remuneration in federal and state governments. Unofficial table of contents

§ 3 Increased accident prevention

(1) If the determination of the risk of accident in accordance with section 37 (1) sentence 1 of the Staff Services Act is to be based on the non-wage-earthing remuneration from the final stage of the next higher grade, the wage-earnable remuneration shall be paid (2) In the case of the application of § 37 (1) sentence 2, the revocation-holding allowances from the grade of the last-held office shall be held if the official in the next higher grade would have been granted a corresponding allowance of at least the same amount. (2) of the Staff Services Act shall be subject to the provisions of the Staff Regulations of Officials
in accordance with Section A 5, the vacancy supplement referred to in Article II (6) (1),
in accordance with Section A 9, the vacancy supplement referred to in Article II (6) (2),
in accordance with Section A 12, the vacancy supplement under Article II (6) (3)
(3) Paragraph 2 applies in the cases of Section 24a of the Federal Police Officials Act, Section 27 (1) sentence 2 of the SoldatenSupply Act and Article 3 (1) of the Act on the Law of the Federal Police and the Federal Government. Sentence 2 of the Second Law amending the Federal Civil Service Act of 28 July 1972 (Bundesgesetzbl. 1288). (4) In the cases of Section 20 (1) sentence 2 of the Federal Police Officials Act, the vacancy-proof vacancy allowance shall be assigned to the respectively ruhe-lasting remuneration from the final grade of grades A 5, A 6, A 7 or A 9. Article II, Section 6 (2) of the First Law for the Unification and Reregulation of the Law of Remuneration in the Federal Government and the Länder.

Type IV
Amendment of the Federal Officials Act and the Civil Service Law Framework Act

Unofficial table of contents

§ § 1 and 2 (omitted)

- Unofficial table of contents

§ 3 (omitted)

-

Type V
Modification of other laws

Species VI
Recast of the law on capital benefits for civil servants, judges, professional soldiers and soldiers on time, as well as the law on the granting of an annual special grant

Species VII
Adjustment of pension benefits in federal and state governments

Unofficial table of contents

§ 1 General adjustment

(1) If the salaries of the persons entitled to pay are generally increased or reduced, the same date shall be laid down in accordance with the provisions of the Federal Act. (2) As a general change in the remuneration referred to in paragraph 1 also apply the recast of the basic salary table with different changes in the basic salary rates and the general increase or decrease of the remuneration by fixed amounts. (3) Beca by a general increase in remuneration, Basic salaries, ruhe-held allowances and local surcharges not to the same extent or the remuneration shall be increased by fixed amounts for the purposes of the application of Articles 2 to 7 of this Article of the average percentage of the general increase in remuneration for the persons entitled to pay of the Federal Government and of the Länder in the In the case of a post after the decimal point, the number of persons entitled to pay in each grade shall be taken into account. The same applies in the case of a general reduction in the remuneration. Unofficial table of contents

§ 2 Adjustment surcharge

(1) In the event of changes which are not general increases in remuneration within the meaning of § 1, the average remuneration of the Federal Government and of the Länder within the period of employment shall be increased by the beneficiary of the Adjustment allowance granted. This does not apply to the recipients of transitional fees and compensation payments. (2) If within the period of the fixed-term period the remuneration is generally reduced, it is to be regulated by federal law whether the recipients of the service are due to take part in the This period of improvement is to be granted to persons entitled to an adjustment to the adjustment. Unofficial table of contents

§ 3 Definitions

(1) Remuneration is the sum of the basic salaries paid in the month of comparison, subsidies on the basic salary, local surcharges, allowances paid monthly in advance, and capital benefits for those on the first of the comparison month existing persons entitled to pay, with the exception of officials, on revocation in the preparatory service and the officials for revocation, which are used by the side. Payments made during the same month for the previous periods shall not be taken into account for the determination of the remuneration. (2) Average remuneration shall be the sum referred to in paragraph 1, divided by the number of persons covered. (3) Comparison months are the month of July of the previous year and the month of July of the year in which the adjustment surcharge is determined (the date of employment). (4) The period from 1 July of the previous year to 1 July is 1 July. July of the festivities year. Unofficial table of contents

§ 4 Calculation of the adjustment supplement

(1) Where the remuneration has not been generally increased or reduced during the period of the determination, the difference between the average remuneration of the reference months shall be a percentage of the average salary. Level of comparison of the reference month of the previous year to a point after the comma. The amount of this set of hundreds shall be subject to an adjustment supplement to the salary earning remuneration. (2) If the remuneration has been increased in general during the period of the determination, the average remuneration of the reference month shall be: Previous year by the amount of the average rate of increase of the general increase. The difference between the average remuneration of the reference month of the previous year and the average remuneration of the reference month for the fixed-year period shall be set in a percentage of the average remuneration of the reference month referred to in the first sentence of Rate 1 increased average salary costs of the reference month of the previous year to a post after the comma. In the case of pensions fixed in fixed amounts, the adjustment supplement shall be set at the level of the percentage referred to in paragraph 1 or 2 in the case of pensions which are fixed in fixed amounts. is granted to this supply. Unofficial table of contents

§ 5 Fixed-order procedures

(1) The supreme federal authorities, or the bodies authorised by them, and the ministers of the Länder responsible for the law of remuneration, shall inform the Federal Minister of the Interior by the time of 1. The number of persons entitled to pay (section 3 (1)) on 1 July of the fixed-term year and the amount of remuneration incurred for these persons in July of the year of the determination year (section 3 (1)) are subject to the same conditions as in October each year. The factual and computational correctness of the information is to be determined. (2) The Federal Minister of the Interior shall establish the adjustment surcharge and shall announce it in the Federal Gazette until 1 November of each year. Unofficial table of contents

§ 6 Payment of the Adjustment Allowance

The adjustment surcharge shall be granted on 1 January of the year following the year following the fixing year, to the beneficiaries of the supply on 30 June of the previous year. The same applies to their survivors. Unofficial table of contents

Section 7 Summary of adjustment surcharges

In the case of the second and any further granting of an adjustment supplement, the adjustment surcharges for the supply recipient with the same reference date (§ 6) are each counted together to form a common set of hundreds.

Art VIII
Special provisions in the field of social security

Unofficial table of contents

§ 1

(1) Federal direct bodies of public law in the field of social security have, in the drawing up of their service regulations, in accordance with § § 351 to 357, § 413 para. 2, § 414b Reichsversicherungsordnung, § § 144 to 147 of the Seventh Book Social Code, § 52 (2) and § 56 (3) of the Law on the Pension Protection of Farmers, Section 58 of the Second Law on the Health Insurance of Farmers for the Employees of the Employees

1.

comply with the framework of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), in particular the occupation and establishment structure applicable to the federal civil servants,

2.

to regulate all other monetary and monetary benefits, as well as the supply within the framework and in accordance with the principles of the rules applicable to the federal civil servants.

(2) (omitted) (3) u. (4) omitted) (5) (omitted) (6) The Federal Ministry of Labour and Social Affairs is authorized, in agreement with the Federal Ministry of the Interior and the Federal Ministry of Finance, by means of a legal regulation with the consent of the Federal Council for the federal bodies referred to in paragraph 1 in the field of statutory accident insurance and the agricultural social security system, taking into account the principles applicable to federal officials for the proper evaluation of the To define functions for the number of upper limits of transport offices. The positions of the supervisory staff may be assessed and classified in accordance with § 147a (3) of the Seventh Book of Social Code. Unofficial table of contents

§ 2

(1) For national public bodies governed by public law in the field of social security,

1.

1 (1) with the proviso that the law applicable to federal civil servants shall be replaced by the law applicable to national officials, and

2.

§ 1 (2) and (6); the national governments are authorized to regulate the maximum limits and ceilings for transport offices by means of a decree-law.

In the case of setting the maximum level of classification, the standards applicable to federal insurance institutions shall be established. The right of the supervising country to apply for insurance institutions whose area of responsibility extends beyond the territory of a country is to apply. (2) to (5) (to be omitted) Unofficial table of contents

§ 3

(dropped) Unofficial table of contents

§ 4

Article IX § § 11 to 13 of this Act shall apply mutas to the staff of the staff of the staff who are present on the date of the entry into force of this Act.

Species IX
Transitional provisions

Unofficial table of contents

§ 1 Concept of remuneration, references

(1) The concept of remuneration in other provisions other than those of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) as amended by this Act shall continue to apply until such time as these provisions have been amended to date. (2) In other provisions than those referred to in the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) to regulations and designations which have been amended or deleted by this Act shall replace the provisions and designations in accordance with the amended or new regulations. Unofficial table of contents

§ 2 Replacement of the term "multi-work compensation" by means of multi-work remuneration

To the extent that the term "multi-work compensation" is used in laws and regulations, the term "multi-work compensation" shall be replaced by the term "multiple-work compensation". Unofficial table of contents

§ 3 Equality of officials

(1) In raceways in which the qualification is or has been requested for the qualification of an engineering school, the officials who demonstrate the completion of an engineering school are the officials listed in Section 23 (2) of the Federal Law on Salaries. (2) In raceways in which the qualification is or has been requested for the qualification of another school enrolment in the field of applied sciences, the officials who demonstrate the completion of such a school shall be the official with Completion of a university of applied sciences if the training in respect of was comparable to the quality and duration of the training at a university of applied sciences. The Federal Government shall, with the consent of the Federal Council, determine the Federal Government by means of a legal regulation; equality may be provided for in each case for a career at the Federal Government or in a country at the earliest from the date in which officials with a Proof of competence in accordance with § 23 (2) of the German Law on the Law of the Federal Republic of Germany (Bundesbesoldungsgesetz) in the version of this law after the completion of the career training is first accepted. (3) Paragraph 1 shall also apply to officials in careers of the upper technical service, who have passed the uplift test for the upscale technical service and for civil servants of the superior technical service which has been employed without the completion of an engineering school, if they hold an office for which, in accordance with the rules in force, the final examination of a university of applied sciences or of an engineering school is required (4) footnote 1) to grade A 10 in Annex I of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) applies in accordance with the officials listed in paragraphs 1 to 3. (5) § 23 (2) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) and footnote 1 to grade A 10 in Annex I this law shall apply only to officials of the superior technical service; this shall not apply to civil servants of the upper non-technical service which, until 31 December 1975, have fulfilled the conditions laid down in Article 23 (2) of the Federal Law on Enforcement, but only because of their convocation to the Basic Defence Service or to the Civil Service. after that date, be hired as civil servants. The validity of paragraphs 2 and 3 shall be suspended. (6) Officials who, on 31 December 1975, have been in the legal position of an official in the employment of grade A 10, shall remain in that legal position; their later In the former entrance office of the grade A 10, the position is given. Unofficial table of contents

Section 4 Management of officials

(1) The following provisions shall be applicable to the transfer of officials in office on the day before the entry into force and on the date of entry into force of this Act, provided that their classification is governed by this Act. (2) Insofar as this In the case of a change of office, official allowances, official designations or functional designations of office, as well as official allowances or functional designations of office, the offices concerned shall be listed in a legal decree which shall: Federal Government, with the consent of the Federal Council, shall be entitled to: Consideration of § 18 and § 42 of the German Law on Special Names in Basic Names is transferred. The grade used to date is the grade which the official was a member of the day before the entry into force of this Act. The officials are leading the new official title. Exceptionally, it may be admitted that officials may continue to carry out their previous designation of office for their person, provided that they indicate a clearly identifiable exercise which is not linked to the new name of the official. In so far as the new name is a basic name within the meaning of point 1 of the preliminary remarks to the Bundesbesoldung Regulations (A) and (B), it may be accompanied by additions in accordance with the provisions of these preliminary observations. If the previous term of office is not included in the legal regulation, the Minister responsible for the law on pay, for the bodies, institutions and foundations of public law, determines the supreme regulatory authority in the (3) Paragraph 2 shall apply to the offices of the rectors listed in Section 7 of the Convention, and shall be subject to agreement with the Minister responsible for the law of remuneration, which shall be the new official title of the official. Representatives of school principals, if the information provided in the Bundesbesoldungsordnung A The conditions for classification are not fulfilled, with the proviso that they are to be transferred to the Office of a Second Rector or Second Realschulkonrektor, which corresponds to the use. By way of derogation from the third and fourth sentences of paragraph 2, officials who so far have been given the title of Director-General may, for their person, be allowed to take the lead in the name of Realschulkonrektor, if the person responsible for this office is in the (4) An official who is responsible for the application of the law pursuant to Section 19 of the Civil Service Law, Section 28 (2) and (3) of the Federal Civil Service Act (Bundesbeamtengesetz) or corresponding national regulations. , or pursuant to Section 130 (1) sentence 2 of the Civil Service Law Framework Act, an office with a lesser degree of In the case of the application of the first sentence of paragraph 2, the final basic salary or basic salary shall be treated as if, on the date of entry into force of that law, he or she had held the former office and the following day he took office: a lower final basic salary or a basic salary. If no use has been made of this possibility, the official shall be treated as if, on the date of entry into force of this law, he would carry out the previous activity corresponding to his or her duties. (5) The future offices in which the office of civil servants would be responsible for the the incumbent may remain in force upon the entry into force of this Act, shall be listed in a regulation issued by the Federal Government with the consent of the Federal Council. The legal regulation may include:

1.

Offices which, when this law came into force, were listed in Annex I to the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) as in the future.

2.

Offices in runways, where no more officials are admitted,

3.

Offices of the First State Attorneys in Baden-Württemberg in grade A 14a and the first prosecutors in Bavaria to the Public Prosecutor's Office at a Administrative Court in grade A 14, plus the official allowance,

4.

Individual offices and

5.

Offices with an official designation deviating from the rule-name designation in raceways, whose top offices are classified above the entrance office of the next higher career group.

Officials will no longer be allowed to be awarded to civil servants in future. However, an official who holds a post in the future may, by means of transport, be given a position also designated as being in the future, unless he or she has been moved to a position in accordance with the provisions of the A or B Regulations. (6) Officials with an official title, composed of a basic name within the meaning of point 1 of the preliminary remarks on grades A and B and an addition, shall carry out their previous term of office up to a date of New regulation on the addition of additions to the official designations. Up to that date, the existing and newly recruit officials may be re-awarded the previous official designations within the meaning of the first sentence of sentence 1. (7) Officials on the basis of the law of the law on the day before the entry into force of this Act Whereas, by way of derogation from the general classification for their person, remuneration received after a higher grade than is generally provided for in the future in accordance with the provisions of this Act, remuneration shall continue to be paid in accordance with the provisions of the a higher grade. (8) Offices in intermediate grades are included in a Redirecting a rule-grade group. The offices referred to in the second sentence of paragraph 5, point 3, shall be transferred to grade A 14, plus an official allowance of DM 150.

Footnote

Art. IX § 4 (1) and 2: BVerfGE v. 4.2.1981 I 415-2 BvR 590/76-with Art. 3 (1) GG incompatible with the decision-making formula Unofficial table of contents

§ 5 The transfer of civil servants to bodies, institutions and foundations of public law in the countries

(1) The State Governments are authorized to transfer the offices of the following civil servants by means of a decree-law, taking into account the principles of § 4, and to determine the offices in this area that are going away in the future:

1.

officials of the municipalities, associations of municipalities and other bodies, institutions and foundations under public law under the authority of a country which are in office on the day before the entry into force and on the date of entry into force of this law , the offices of which are not listed in the Landesbesoldung Regulations and in which

a)

, under this Act, the classification, allowances or official designations are changed or official allowances are introduced or deleted;

b)

the future abolition of this law will be required,

2.

of the officials whose offices are governed by the legal regulations in accordance with Section 21 (1) and (2) and (22) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) in the version of this Act and which were in office on the day before the entry into force and on the date of entry into force of the regulation.

2. The empowerment may be transferred to the Minister or Ministers responsible. Unofficial table of contents

§ 6 Remuneration of existing officials

This shall not affect the determination of the remuneration officer of the officials in office at the time of the entry into force of this Act. At the request of the official, the salary earner will be re-established if an improvement is obtained under the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) in the version of this law. Unofficial table of contents

§ 7 Exceeding of the permitted number of posts for conrectors at primary schools, secondary schools, primary and secondary schools, real schools and for study directors

If, on the entry into force of this Act, the number of posts for conrectors, of which no one is appointed to the permanent representative of the Head, shall be the number of posts in the relevant grades at a primary school, main school, primary and secondary school, secondary school or independent school-form independent orientation level, each with more than 540 students, or the number of posts allowed for study directors at high schools, vocational schools or Study seminars are exceeded, so after the entry into force of this law to convert vacant posts accordingly. Unofficial table of contents

§ 8 Chief Executive of Judges and Prosecutors

(1) The following provisions shall apply for the transfer of the judges and prosecutors who are in office on the day before the entry into force and on the date of entry into force of this law, provided that their classification is governed by this law. (2) , as amended by this Act, changes in office, official allowances, official designations or functional designations of office, as well as the introduction of official allowances or functional designations to offices, the offices concerned are subject to a legal regulation to the Federal Government with the consent of the Federal Council . As a previous grade, the grade to which the judge or prosecutor belonced on the day before the entry into force of this law applies. The prosecutors are leading the new official title. § 4 (2) sentence 4 applies accordingly. (3) Paragraph 2 applies to the offices and functions listed in § 10, if the classification requirements specified in the Bundesbesoldungsordnung R are not fulfilled, with the proviso that:

Prosecutors as group leaders at the public prosecutor's office in a district court as well as first prosecutors in the grade R 1 plus an official allowance of 150 German marks, judges at the local court, the labour court or the social court as Further supervisory judges in grade R 2, attorneys general as head of department at the public prosecutor's office in a district court in the grade R 2 and senior prosecutors as head of department at the public prosecutor's office a district court in the grade R 2 plus an official allowance of 150 Deutsche Mark

(4) § 4 (4) shall apply accordingly. § 32 of the German Judges Act is replaced by Section 19 of the German Law on the Law of Justice. (5) § 4 (5) applies accordingly. Judges who hold a transport office on 30 June 1975, whose function is assigned by the Receivment Office, and whose function is assigned to grade R 1 on 1 July 1975, shall be transferred to the Court of Justice.

1.

after grade R 1 plus an official allowance of DM 75, in the future, in the event of an up-to-date classification by one of the official allowances,

2.

after grade R 1 plus an official allowance of DM 150-in the future-in the event of a previously withdrawn classification by a higher grade or by a ruhe-held supplement to grade R 1 of the law on the terms of office of the judges and prosecutors of the State of Hesse on 4 March 1970 (Law and Regulation Bulletin for the Land of Hesse, Part I, p. 201).

The comparable function designations of the Bundesbesoldungsordnung, R., are replaced by the previous function designations.

Footnote

Art. IX § 8 (1) and 2: incompatible with Article 3 (1) of the GG in accordance with the decision-making formula, BVerfGE v. 4.2.1981 I 414-2 BvR 570/76 u. a.- Unofficial table of contents

§ 9 Application of Section 38 (2) of the BBesG to existing judges and prosecutors

Article 38 (2) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) does not apply to the judges and prosecutors of the State of Hesse who are in office on the date of entry into force of this Act. If, moreover, the application of the rule to the judges and prosecutors in office on the date of entry into force of this law remains the case, the age at which the basic salary is calculated is based on the actual age at which the person is actually living of the judge or the public prosecutor, the basic salary shall be granted after the age of retirement, which corresponds to the level of seniority reached by the judge or the public prosecutor after his previous salary. Stage 1 of Appendix IV No. 4 corresponds to the step 6 of Appendix IV No. 1 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) in the version of this law. Unofficial table of contents

§ 10 Exceeding of the permitted number of posts for further supervisory judges at local courts, prosecutors as group leaders and for attorneys general as head of department or head of head of department

If, at the date of entry into force of this Act, the number of posts authorised under footnote 2 to grade R 2 is exceeded for other supervisory judges in a court of 21 and more judges, the entry into force of this law shall be: Act to convert every second vacated post accordingly. This also applies to the number of posts authorised under footnote 2 to grade R 1 for prosecutors as group leaders at a public prosecutor's office with 10 and more posts for prosecutors and for those according to footnotes 6 and 7 to the Grade R 2 permissible number of posts for top prosecutors as head of department or head of department. Unofficial table of contents

Section 11 The transfer allowance for civil servants, judges or soldiers in the event of a change in the classification of an office and in the event of omission or alteration of eligible allowances

(1) This law shall reduce the remuneration or remuneration of an official, judge or soldier, because:

1.

the Office is classified in a different way,

2.

to be able to leave or change a rest-holding allowance;

3.

the new basic salary is different from the previous one,

so that it receives a ruhe-holding leadline supplement. In the case of pensions, the minimum amounts set out in Article II (2.3) and (9) shall be deducted. (2) The transfer allowance shall be the amount of the difference between the previous salaries or salaries (basic salary, local surcharge). (basic salary, local surcharge, non-slip allowances, local special surcharge) and the remuneration (basic salary, local surcharge, allowances for rest, and special surcharge). It is granted only as long as the previous eligibility requirements are met. (3) The transfer allowance is generally used to improve remuneration with the percentage of the total number of persons who have received the transfer. As far as they are granted for the abolition or the reduction of a ruheyable allowance, this shall apply only if and to the extent that the rest-holding allowance would have taken part in the general improvement in remuneration. The transfer allowance, together with other remuneration, shall not exceed the remuneration which would have been granted to the official in each of his former duties. It is reduced by any other increase in remuneration (basic salary, local surcharge, eligible allowances, special local surcharge), with the exception of an increase by a change in the level of the local supplement. (4) The national governments will be Authorized to determine, by means of a regulation, the transfer allowance to the full-time election officials at the time of the congregations, communities, congregations, offices and counties who have received a transfer allowance pursuant to paragraphs 1 to 3 , if the official relationship is due to the end of the term of office , and it was reestablished by a re-election immediately following re-election. Authorisation to adopt the Regulation may be delegated to the competent Minister.

Footnote

Art. IX § 11: incompatible with Article 3 (1) of the GG in accordance with decision-making formulas, BVerfGE v. 4.2.1981 I 414 u. 415-2 BvR 570/76 u. a. and 2 BvR 590/76- Unofficial table of contents

§ 12 compensatory allowance in other cases for civil servants, judges and soldiers

(1) This law shall reduce the salaries of an official, judge or soldier, because

1.

a non-ruhe-holding allowance is omitted or amended;

2.

Foreign service remuneration shall be amended,

3.

maintenance grants, including allowances or remuneration, instead of maintenance subsidies, in accordance with the previous national or national legislation, with a view to the replacement of a person's salary;

The official, judge or soldier shall receive a compensatory allowance which is not subject to rest. (2) The compensatory allowance shall be granted

1.

in the case of paragraph 1, point 1, the difference between the previous and the new allowance, if the allowance is not taken up to the extent of the previous allowance,

2.

in the case referred to in paragraph 1 (2), the difference between the previous foreign service remuneration and the foreign service remuneration in accordance with this Act;

3.

in the case of paragraph 1 (3), the amount of the difference between the previous maintenance grants, including allowances, or between the remuneration instead of maintenance grants and the reference to the remuneration under this Act

is granted. The compensatory allowance shall be granted only for as long as the previous conditions for granting the supplement or other benefits would continue to be met. In the case referred to in paragraph 1 (2), the compensatory allowance shall be granted for a maximum period of three years; if a purchasing power balance is re-established, a reduced purchasing power surcharge shall be obtained, and the purchase balance shall be equal to that of § 2. (3) The compensatory allowance shall be reduced from 1 January 1976 by one third of the amount by which the remuneration (without invalidity allowances and allowances), in the case referred to in paragraph 1 (3), shall be taken as the basis for the remuneration. Increase the number of rebates due to a general improvement in the population. It shall also be reduced by any other increase in remuneration (basic salary, local surcharge, job allowances, special local surcharge), in the case of paragraph 1 (3) of the increase in remuneration, with the exception of an increase by a change in the level of the Local surcharge. (4) When a compensatory allowance is met in accordance with paragraphs 1 to 3 with another compensatory allowance in accordance with the First Law for the Unification and Reregulation of the Law on Remuneration in the Federal Government and the Länder and the Second Federal law on the increase in compensation shall be reduced proportionately, at the most as a whole, the amount referred to in paragraph 3. (5) The provisions relating to earlier compensatory allowances other than those referred to in paragraph 4 shall remain unaffected. Unofficial table of contents

Section 13 Abolition of pension rights in the case of allowances

To the extent that, by this Act, a non-ruthful allowance is replaced by a non-ruthful allowance and no ruthlehold transfer allowance is granted in accordance with § 11, the new allowance shall apply to the former recipients of eligible allowances. up to the level of the previous allowance as ruhe-preserved. If the previous allowance was considered to be an integral part of the basic salary, this applies to the previous recipients also for the new allowance. Unofficial table of contents

Section 14 Repeal of the laws of the Länder

(1) The legislation of the Länder, in so far as they contain provisions relating to the law of law within the meaning of Section 1 (1) to (3) of the Federal Law on Enforcement of the Law, as amended by this Act, including the Act on the Duties Of Judges and Prosecutors of 4 March 1970 (Law and ordinance sheet for the Land of Hesse, Part I, p. 201), with the exception of the following provisions, do not apply:

1.

Provisions which, under the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), may continue to be adopted by the Länder in the version of this Act, including the provisions on benefits in kind and allowances and the authorisations for the adoption of the law, or administrative provisions.

2.

Rules on the protection of the law and property, including provisions on compensatory allowances and compensatory amounts, which may no longer be amended in favour of officials and judges. This does not apply to offices in intermediate-level groups.

3.

Provisions relating to the legal status of officials and judges elected to the Landtag or the Bundestag; such provisions may also be enacted after the entry into force of this law.

4.

Provisions relating to the offsetting of other labour income or a maintenance contribution to the remuneration in cases in which no service has been provided.

5.

Section 33 (2) of the Landesbesoldungsgesetz für das Land Baden-Württemberg,

6.

Section 4 (1) and preliminary remark No. 7 of the Act of Remuneration A of the Hamburgische Besoldungsgesetz (German Law on Remuneration),

7.

§ 25a and § 30 of the German Remuneration Act for the Land of Lower Saxony.

(2) To the extent that, according to the law of the Federal Act of Law, the Federal Government is empowered to regulate certain areas by means of a decree law, the provisions of the Länder for these areas shall remain applicable until the entry into force of the relevant provisions of the law. Regulation of the Federal Government, or, in so far as this Regulation must be completed by legal regulations of the State Governments, until the entry into force of these legal regulations. (3) Insofar as this law is used by the Länder for the adaptation of the National law requires federal law to adapt within of two years after the date of delivery of this Act, in compliance with the provisions of this Law. This also applies to the offices in intermediate-level groups, as far as they are transferred from the countries. § 80 of the Bundesbesoldungsgesetz in the version of this law remains unaffected. Unofficial table of contents

Section 15 Repeal of national and national legislation on maintenance grants

The national and national rules on maintenance grants and corresponding contributions to officials for revocation in the preparatory service shall be repeal. Section 14 (2) shall apply accordingly. Unofficial table of contents

Section 16 Repeal of national regulations on special grants and capital-effective services

The national provisions relating to special grants and capital benefits shall not apply in so far as they relate to the categories of persons covered by Article VI (1) or (2) of this Act. Unofficial table of contents

Section 17 Repeal of federal legislation on remodeling allowances and other allowances

(1) The federal legal provisions relating to allowances granted on the basis of the remoteness of a service shall not enter into force; this shall also apply to allowances or benefits for retribution in particular in the evaluation of the Office. the obstacles to be granted in this area. Grants for the retribution of expenses on the basis of the facts referred to in sentence 1 may not be granted. (2) § 2 para. 4 of the First Remuneration Resettlement Act of 6 July 1967 (Federal Law Gazette). I p. 629) is deleted. Where an international agreement provides for the granting of an allowance for a place of employment abroad, the allowance shall be maintained for officials with a place of residence in that place.

Footnote

Art. IX § 17 (1) sentence 1 and 2 sentence 1 and 2 Section 18: Italic pressure: repeal rules Unofficial table of contents

Section 18 Repeal of provisions on incumbable allowances

The provisions of the federal legislation on the granting of grants shall not apply to the extent to which they relate to the provision of allowances for the service of prisons and the law enforcement service of the professional fire brigade.

Footnote

Art. IX § 17 (1) sentence 1 and 2 sentence 1 and 2 Section 18: Italic pressure: repeal rules Unofficial table of contents

Section 19 Local surcharge for casernized

To the extent that officials of the Länder who live in joint accommodation are granted a higher local surcharge than in accordance with Section 39 (2) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), it shall remain in the process. Unofficial table of contents

§ 20 Continuation of the regulations on future Federal Offices

Until the entry into force of the Federal Government's legal regulation, the regulations on the future of the federal government which exist at the time of the entry into force of this Act will remain in force in accordance with Section 4 (5) of the Act. Unofficial table of contents

Section 21 allowance for civil servants in theaters

National legislation on the granting of an allowance to officials in theaters may be maintained or remitted by the State Government by means of a decree-law. A maximum of 150 DM may be granted. The establishment allowance shall cover the specificities of the service to theatres, in particular the difficulties associated with the service at unfavourable times and with the night service, as well as any expenses incurred. Unofficial table of contents

Section 22 Continuation of national legislation on allowances to civil servants of public-sector insurance institutions

(1) State-law rules under which, until now, an allowance has been granted to officials of public-service insurance institutions or credit institutions in the appropriate application of the rules adopted for civil servants of public savings banks , and the previous scheme for officials of the Bavarian Chamber of Insurance shall remain in force. (2) These allowances shall be used to provide the general public with the service of public insurance institutions or credit institutions. -related problems and the additional work associated with the service, with Golten. Unofficial table of contents

§ 23 Continuation of regulations outside the Land-Laws of the Land

Insofar as this law does not determine otherwise, provisions not included in national law on the classification and designation of officials of the municipalities, municipal associations and other supervisors listed in Section 5 shall not remain in force. a country under the authority of a country, institutions and foundations under public law, until the re-regulation of offices in the state regulations is still in force. They shall not enter into force at the latest after two years have elapsed since the entry into force of this provision and shall not be amended in favour of officials. Unofficial table of contents

§ 24 Maintenance of provisions for beneficiaries

(1) § 74 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) in the version of this law applies to the care recipient residing in Berlin. (2) Federal and Länder regulations for the transfer and adjustment of the pension benefits, which until the end of the The entry into force of this Act shall continue to apply, but shall not apply to any measures taken pursuant to this Act; this shall also apply to Sections 48 to 48d of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), as amended by the Notice of 5 August 1971. (Bundesgesetzbl. 1281) and the corresponding national law. (3) The determination of the salary earner and the salary level of the supply recipient at the time of the entry into force of this Act shall remain unaffected. (4) For the beneficiaries whose If the case has occurred or occurs six months after the date of entry into force of this provision, a higher pension shall be maintained in accordance with the provisions of the previous law. Unofficial table of contents

Section 25 Change in the starting position for Article VII

Article V of the Second Federal Law on Higher Education Act is to be applied with effect from the entry into force of this Act with the proviso that the provisions of Section 1 (1) (4), (2) and (4) shall be replaced by the date of 30 November 1973 in the place of 31 March 1973. Unofficial table of contents

Section 26 Transitional provisions for Article VII

Article VII of this Act shall be applied for the first time with the following measures:

1.

The average percentage of the general increase in remuneration within the meaning of Article VII (1) (3) of this Act shall be for the Third Bundesbesoldungsincreungsgesetz of 26 July 1974 (Bundesgesetzbl. I p. 1557) to 11.4 of the hundred.

2.

The period of determination within the meaning of Article VII (3) (4) of this Act is the period from 1 December 1973 to 1 July 1974.

3.

The reference month of the previous year within the meaning of Article VII (3) (3) of this Act is the month of December 1973. The Federal Minister of the Interior, the supreme federal authorities or the authorities authorized by these authorities and the ministers of the Länder responsible for the law of remuneration shall, until the first of the month following the entry into force of this law, divide the number of the persons entitled to pay (Article VII (3) (1) of this Act) on 1 December 1973 and on 1 July 1974 and the expenses incurred in respect of those persons in December 1973 and July 1974 (Article VII (3) (1) of this Act) Law); the factual and computational correctness of the information is to be determined.

4.

The Federal Minister of the Interior shall announce the adjustment surcharge recorded for the period of the fixing period referred to in point 2 up to the first of the second month following the entry into force of this law in the Federal Gazette. The adjustment surcharge shall be granted to the beneficiaries of the supply existing on 30 November 1973 with effect from the date of entry into force of this Act; the same shall apply to their survivors.

Unofficial table of contents

Section 27 Transitional arrangements for graduated teachers

Regulations on the remuneration of teachers in an office with a level of emphasis must not be taken until 30 June 1977. Unofficial table of contents

Section 28 Transitional regime for security services

Regulations on the granting of allowances for the lump-sum payment of the expenses and expenses of the security services of the Federal Government or of the Länder shall be in force until the entry into force of the preliminary remark No 8 to the Federal Regulations A and B in the wording of this Act shall continue to apply unchanged; the Land of Hesse may grant a staggered allowance of up to 150 Deutsche Mark.

Type X
Supervision of civil servants at universities

Unofficial table of contents

§ 1 Transitional arrangements for university teachers

(1) Until the entry into force of the national laws to be adopted in accordance with Section 72 (1) of the German Higher Education Framework Act, the regulations or corresponding regulations made for civil servants at universities in special grades of national law on the law of the state law shall apply. Transitional arrangements within the A transitional period. They may not be changed for the benefit of the officials. (2) For officials who are covered by the rules referred to in paragraph 1 and are not transferred to an office of the Bundesbesoldung ordnung C or to an office of the Bundesbesoldung ordnung A or , the provisions referred to in paragraph 1 shall continue to apply without the time limit laid down in paragraph 1 (future offices shall be subject to the same rules). Unofficial table of contents

§ 2 Transfer to the Bundesbesoldungsordnung C

(1) The following special provisions apply to the legal classification of the officials who are to be transferred or transferred to the legal status of professors. (2) The following special provisions are applicable in accordance with § 75 (2) and (3) of the Higher Education Framework Act (Hochschulframework) Legal status of professors to be transferred or to be transferred shall be classified according to the following principles by the laws to be adopted pursuant to Section 72 (1) of the said Act:

a)

as a professor in grade C 4 professors at universities (except universities of applied sciences) or equivalent institutions in grades whose basic salaries correspond at least to those of grade A 16, professors at universities (except technical colleges) or equivalent bodies which, under applicable law, relate a special basic salary or a non-wage subsidy to the basic salary, thereby exceeding the final basic salary of the A 15 grade, professors who -are entitled to an emolation group and belong to a grade, the basic salaries of which at least correspond to those of grade A 15, directors of art colleges in grades whose basic salaries are at least equal to those of grade A 16;

b)

as a professor in grade C 3, the following civil servants: department directors (and professors), head of department (and professors), as far as they are in grades, whose basic salaries are at least those of Grade A 15, scientific councils (and professors), insofar as they are in grades whose basic salaries are at least equal to those of grade A 15, professors at universities (except technical colleges), as far as they are in grades, the basic salaries of which are at least which correspond to the A 15 grade and are not covered by point (a);

c)

as a professor in grade C 2, the following civil servants who do not fall under (a) or (b): head of department (and professors), scientific councils (and professors), professors at universities (except Universities of applied sciences), lecturers at universities (except technical colleges) or equivalent institutions.

(3) If the following officials are transferred to the Office of the Professors, they shall be classified as follows:

a)

In grade C 3 senior physicians, senior doctors, lecturers at universities in the position of an extracurritable professor;

b)

At most, grade C 3other officials in grades whose basic salaries are at least equal to those of grade A 15;

c)

in accordance with an appropriate assessment in grade C 2 or C 3, the officials not referred to in points (a) and (b); the classification in grade C 3 may be carried out only in so far as it does so in accordance with Article 35 of the Federal law on the law of the Federal Republic of Germany.

Unofficial table of contents

§ 3 Transfer of the scientific and artistic employees

If officials are transferred in office as scientific or artistic staff on the basis of Section 75 (8) of the Higher Education Framework Act, they shall be the remuneration group of their former office in accordance with and in accordance with their own status in to take over the office of an Academic Council, Academic Council, Academic Director, or Senior Academic Director. Unofficial table of contents

§ 4 Transitional provisions for the transfer to the Bundesbesoldungsordnung C

(1) In the case of higher education institutions, which are state-approved or approved by the federal government, the staff of which is at the service of the federal government may, after 1 July 1978, be allowed to attend the universities of the Länder after the entry into force of the state-of-the-art in accordance with section Officials who are to carry out duties as professors, as university assistants or as scientific or artistic assistants, other than one of those referred to in the Bundesbesoldung ordnung C or as one of the offices referred to in § 3 are no longer transmitted. Sentence 1 does not apply to teachers for special tasks and not to promotions in the offices of grade A 14. (2) Dienstherren, in which the percentages of § 35 (1) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) as a result of the transfer of the officials in accordance with the principles set out in § 2, new posts for professors may be issued only in such a way that at most 50 of the hundreds of grades C 4 of these posts are to be achieved by the attainment of the percentages of professors. and C 3, grade C 4, not more than 30 per hundred. (3) Dienstherren, in which the percentage of § 35 (2) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) is exceeded as a result of the transfer of the officials in accordance with the principles of § 2, new posts may be added until the Vomhundt has been reached. (4) Professors of grade C 4 who, according to § 5 (4), receive a grant in the form of a grant within the meaning of Article 5 (4) of the German Advisory Council. of point 2 (special grant) of the preliminary remarks to the Bundesbesoldung ordnung C, the amount referred to in the first sentence of paragraph 2 (2) of the preliminary remarks and the amount of its special grant up to the amount referred to in the second sentence of the second sentence of the second sentence of the first sentence, to the total amount of the grants referred to therein, if the total amount of the grants referred to in points 1 and 2 of the preliminary remarks exceeds the difference referred to in the first sentence of paragraph 1 (1) of the preliminary remark. Where more than 13 of the hundred of the total number of posts in grade C 4 are used as a grant plan by the offsetting of such posts (superstructure allowances) for a tenderer's office, the Dienstherr for the re-granting of special grants to posts of up to 7 per cent of the total number of officials assigned to grade C 4 in accordance with § 2 para. 2; the total amount within the meaning of point 2 The second sentence of paragraph 2 of the preliminary remarks shall be increased accordingly. Whereas, as long as the limit of 13 is exceeded by the hundred in accordance with the second sentence, any third planning point may be used for the renewal of a special grant from the released transfer special allowances; it shall continue to be considered as: (5) For study professors of grade H 3 of the German Remuneration Act for the Land of North Rhine-Westphalia, § 2 para. 2 (b) applies. By way of derogation from § 2 (2), scientific councils and professors who have already been appointed before 1 July 1970 as scientific department head and professors of grade H 3 of the Law on Remuneration for the Land of North-Rhine-Westphalia may (6) For professors at the University of Education, the University of Education and the University of Education, the University of Applied Sciences and the University of Applied Sciences (Bundesbesoldungsgesetz). Rhineland-Palatinate as well as professors at the University of Bremen, who are responsible for the application of Article 3 (2). 3 of the Law on the Amendment of Civil Service and Law of Enforcement of 27 April 1971 (Brem. Gbl. 117) have been transferred to the legal status of professors, § 2 para. 2 (a), third case group, is to be applied with the proviso that the grade A 15 is replaced by grade A 15. Unofficial table of contents

§ 5 Maintenance of the acquis

(1) For the maintenance of the acquis of officials transferred in accordance with the provisions of § 2 to grades C 4, C 3 and C 2 and to officials accepted as university assistants, the following special cases shall apply: Regulations. (2) The professors of grades C 4, C 3 and C 2 are to be classified according to their grade in the seniority. Professors of grade C 4, who have been granted seniority allowances according to previous national regulations, are put into service level, which-as measured by the number of seniority allowances-are the same as The distance between the final basic salary and the final basic salary is unchanged; the points in time of the rising in the steps of the seniority to the final basic salary remain unchanged. A special basic salary in accordance with existing national legislation is the granting of the final basic salary of the grade in question by way of pre-emption of seniority allowances. (3) Professors of grades C 3 and C 2, whose new basic salary is lower than the total amount of the basic salary, the employment allowance and the monthly amount of the college dpauschales, which would have been granted to them in the absence of their former duties, shall be given a non-slip-bearing capacity. the compensatory allowance in the amount of the difference in question; the Compensatory allowance shall be held for rest, provided that it is used to compensate for the basic salary or a vacancy for a job holding it. Sentence 1 shall apply mutatily to university assistants. In the form of a "colleague" allowance, the corresponding flat-rate severance payment for teaching activities is also valid. To the extent that professors have so far received a teaching allowance in place of the College of Advanced Studies, the share of the monthly amount of the monthly amount of the monthly amount of the (4) Professors of grade C 4 whose new basic salary, taking into account paragraph 2, is lower than the total of basic salary (or special basic salary), grant to supplement the basic salary and Monthly amount of the college dpauschales, which was last granted to them in their previous office , the difference shall be paid as a grant in accordance with points 1 and 2 of the preliminary remarks to the Bundesbesoldungsordnung C. The difference shall apply:

a)

as a stable subsidy within the meaning of point 2 (special grant) of the preliminary remarks referred to in the first sentence, to the extent that the new basic salary is lower than the amount of the total amount of the total amount referred to in the first sentence, the amount of the monthly amount being the same as the amount of the total amount of the total amount of the total amount of the total amount of the total the College dpauschales in the amount of 250 DM as a stable holding;

b)

as a grant within the meaning of point 1 of the preliminary remarks referred to in the first sentence

aa)

up to the difference between the final basic salary of grade C 4 and the basic salary of grade B 5, if the remuneration is based on a call from a post for full professors to a post office for ordinary professors or, as a result of a lead negotiation, have been increased to wasting such an appeal; or

bb)

up to the difference between the final basic salary of grade C 4 and the basic salary of grade B 7, if the remuneration is based on one and at least one other appeal or lead negotiation within the meaning of the letter aa have been increased;

c)

in addition, as a non-stable grant within the meaning of point 2 (special grant), the preliminary remarks referred to in sentence 1. In so far as the sum of this grant and the grant referred to in point (a) exceeds the maximum amount of the subsidy referred to in point 2 of the preliminary remarks referred to in the first sentence, the difference shall be considered to be a subsidy within the meaning of point 1 of these preliminary observations.

Sentence 2 shall apply accordingly to officials within the meaning of Article 2 (2) (a) who did not have the legal status of a full professor. (5) For those who have been transferred from a private-law employment relationship to an official Professors and higher education assistants at universities in the Bundeswehr shall apply mutas to paragraphs 2, 3 and 4.
In this case, professors of grade C 4, whose new basic salary is lower than the previous basic remuneration, will receive a compensatory allowance in the amount of the difference between the previous basic remuneration and the new salary. Basic salary. The total amount of compensatory allowance and, in the future, grants awarded in accordance with paragraphs 1 and 2 above shall not exceed the sum of the maximum amounts referred to in those two provisions.

Art XI
Final provisions

Unofficial table of contents

§ 1

- Unofficial table of contents

§ 2 Berlin clause

This law applies in accordance with Section 13 (1) of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Legal orders issued pursuant to this Act shall apply in the Land of Berlin pursuant to Section 14 of the Third Transfer Act. Unofficial table of contents

§ 3 Entry into force

(1) This Act shall enter into force on 1 July 1975, provided that the provisions of paragraphs 2 and 3 are not otherwise determined. (2) By way of derogation from paragraph 1, enter into force:

1.

Article I (73), Article III (1), Article IX (3) (2) with effect from 1 January 1974;

2.

Article I, § 76, 77 with effect from 1 January 1975;

3.

Article I, Annex I, preliminary remark No 8 to the Bundesbesoldung Regulations (A) and (B), 1 January 1977.

(3)