Second Law To Unify And Revision Of Salary Law In Federal And State

Original Language Title: Zweites Gesetz zur Vereinheitlichung und Neuregelung des Besoldungsrechts in Bund und Ländern

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

Non-official table of contents

2. BesVNG

Date of delivery: 23.05.1975

Full quote:

" Second Law for the Unification and Reregulation of the Law of Remuneration in the Federation and the Countries of the 23rd. May 1975 (BGBl. 1173), as last amended by Article 14 of the Law of 19. October 2013 (BGBl. I p. 3836) "

:Last modified by Art. 14 G v. 19.10.2013 I 3836

See Notes

Footnote

(+ + + Text Proof: 1.9.1980 + + +)

for more information.

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

content overview

Article I:Recast of the Bundesbesoldungsgesetz
Article II:Amendment of the First Act for the Unification and Reregulation of the Law on 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 on care recipient
Article IV:Amendment of the Federal Civil Service Act and the Civil Law Framework Law
Article V:Amendment 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
Article VIII: Special provisions in the field of social security
Article IX:Transitional rules
Article X:Superconductor of officials at universities
Article XI: Final rules
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input formula

The Bundestag, with the approval of the Federal Council, has the following law decided:

Art I
Recast of the Bundesbesoldungsgesetz

Art II
Amendment of the First Law for the Unification and Resettlement of the Law on Remuneration in the Federal Government and the Länder

Art III
Application of the transitional provisions of Art II of the 1. BesVNG on supply receiver

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§ 1 existing right of supply recipients

For the The entry into force of this provision shall be subject to the provisions of 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 Law on Remuneration for Remuneration. Unofficial table of contents

§ 2 Minimum supply

For the measurement of the minimum pension benefits and the minimum accident pension benefits, the following steps are taken: In each case a non-slip service from the final grade of grade A 3 is the stable employment supplement in accordance with Article II (6) (1) of the First Law for the Unification and Reregulation of the Law on Remuneration in the Federal Government and the Länder. Non-official table of contents

§ 3 Increased accident prevention

(1) Are the assessment of the accident risk content in accordance with § 37 (1) sentence 1 of the In the case of civil servants ' pensions, the non-wage-earthing remuneration from the final grade of the next higher grade shall be deducted from the rest-lasting remuneration from the last grade of the last grade of the last grade. in the case of an official who, in the next higher grade, would have been granted a corresponding allowance at least equal to the same.(2) In the case of the application of Section 37 (1) sentence 2 of the German Civil Service Act (civil service law), the non-slip-proof employment allowance in accordance with Article II, Section 6 (1),
after grade A 9 shall be awarded to the non-ruhetable remuneration
5, according to the grade A 9. Employment supplement pursuant to Article II (6) (2),
according to the grade A 12, the vacancy for employment pursuant to Article II (6) (3
of the First Act for the Unification and Reregulation of the Law on Remuneration in the Federal Government and the Federal Republic of Germany Countries.(3) Paragraph 2 applies in the cases of § 24a of the Federal Police Officials Act, Section 27 (1) sentence 2 of the SoldatenSupply Act and the second sentence of Article 3 (1) 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 vacant employment allowance in accordance with Article II (6) (2) of the Federal Police Officials Act shall be paid in each case from the final grade of grade A 5, A 6, A 7 or A 9. First Act for the Unification and Reregulation of the Law on Remuneration in the Federal Government and the Länder.

Art IV
Amendment of the Federal Civil Service Act and the Civil Service Law Framework Law

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§ § 1 and 2 (omitted)

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§ 3 (omitted)

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type V
change of other laws

type 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

name="BJNR011739975BJNG000700317 " />

Art VII
Adaptation of pensions in federal and state governments

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§ 1 General adjustment

(1) If the salaries of the persons entitled to pay are generally increased or reduced, the pensions shall be regulated accordingly by the same date on the basis of the Federal Act.(2) As a general change in the remuneration referred to in paragraph 1, the recast of the basic salary scales with different changes in the basic salary rates and the general increase or decrease of the remuneration shall also apply by fixed amounts.(3) Where a general increase in remuneration, basic salaries, maintenance allowances and local surcharges is not increased to the same extent or to remuneration by fixed amounts, the application of Sections 2 to 7 of this Article shall apply to: the average percentage of the general increase in the remuneration of the Federal Government and of the Länder in the respective Remuneration Increases Act has been particularly noted for the persons entitled to pay for the federal and national remuneration, at a point after the comma; The number of persons entitled to pay in each of the grades shall be taken into account. The same applies in the case of a general reduction in the remuneration. Non-official table of contents

§ 2 Adjustment surcharge

(1) increases the average salary effort of the federal and state governments within the In the case of changes which are not general increases in remuneration within the meaning of § 1, a adjustment allowance shall be granted to the recipients of the adjustment. This shall not apply to the beneficiaries of transitional fees and compensation.(2) If the remuneration is generally reduced within the period of the fixed-term period, it shall be regulated by federal law whether, due to improvements made within this period, the recipients of the remuneration shall be entitled to pay for the remuneration. Adjustment surcharge shall be granted. Non-official table of contents

§ 3 Definitions

(1) Remuneration is the sum of the basic salaries paid in the reference month, grants to the Basic salary, local surcharges, allowances paid in advance on a monthly basis, and capital benefits for the persons entitled to pay on the first of the reference month, with the exception of officials for revocation in the preparatory service and in the Officers on revocation, which are used by the way. Payments made during the reference month for past periods shall not be taken into account in the determination of the remuneration.(2) Average remuneration shall be the sum referred to in paragraph 1, divided by the number of persons entitled to pay.(3) Comparison months are the month of July of the previous year and of the month of July of the year in which the adjustment surcharge is established (the date of the period of employment). (4) The period of reference is the period of 1. July of the previous year up to 1. July of the festivities year. Non-official table of contents

§ 4 Calculation of adjustment allowance

(1) In the determination period, the service references are not generally increased or , the difference between the average salary cost of the reference month and a percentage of the average salary increase in the reference month of the previous year shall be reduced to a point after the decimal point noted. The amount of this set of hundreds shall be subject to an adjustment supplement to the pensions which are capable of being held in a stable state.(2) If the remuneration has been increased in general during the determination period, the average remuneration of the reference month of the previous year shall be increased by the amount of the average percentage 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. The amount of this set of hundreds shall be subject to an adjustment supplement to the pensions which are capable of being held in a stable state.(3) In the case of pensions fixed in fixed amounts, the adjustment supplement shall be granted in the amount of the percentage referred to in paragraph 1 or 2 in respect of that supply. Non-official table of contents

§ 5 Order procedures

(1) The top federal authorities or the bodies authorized by them, and the authorities responsible for the Ministers of State in charge of the Federal Ministry of the Interior shall communicate to the Federal Minister of the Interior up to 1. The number of persons entitled to pay in October each year (Section 3 (1)) is 1. July of the fixed-term year and the expenses incurred for these persons in the month of July of the fixed-term year (Section 3 (1)). 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 give it up to the first. November every year in the Federal Gazette (Bundesanzeiger). Non-official table of contents

§ 6 Adjustment allowance payment

The adjustment supplement will be the one on the 30. 1. June of the previous year. The following year shall be granted on the year following the date of the fixing year. The same applies to their survivors. Non-official table of contents

§ 7 Summary of adjustment allowances

For the second and each additional grant of a match the adjustment surcharges for beneficiaries with the same reference date (§ 6) will be counted together to a common set of hundreds.

Art VIII
Special provisions for the area of Social Security

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§ 1

(1) Federal direct bodies of public law in the field of In the case of the establishment of their service regulations, social insurance has in accordance with § § 351 to 357, § 413 para. 2, § 414b Reichsversicherungsordnung, § § 144 to 147 of the Seventh Book of the German Social Code, § 52 para. 2 and § 56 (3) of the Act on the Protection of the Pensions the farmers, § 58 of the second law on the health insurance of farmers for the staff of the staff,
1.
comply with the framework of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), in particular the salary and job structure applicable to federal civil servants,
2.
all other monetary and monetary benefits, as well as the supply in the framework and according to 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 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. Non-official table of contents

§ 2

(1) For national public authorities in the field of social security,
1.
§ 1 para. 1 with the proviso that the law applicable to federal civil servants is replaced by the law applicable to national officials applicable law, as well as
2.
§ 1 (2) and (6); the national governments are empowered to apply the maximum limits of classification and ceilings by means of a regulation of the law
in the case of fixing the maximum level of classification, the standards applicable to federal insurance institutions shall be laid down. The right of the supervising country to apply is to be applied to insurance institutions whose area of responsibility extends beyond the territory of a country.(2) to (5) (omitted) unofficial table of contents

§ 3

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§ 4

On the days of the entry into force of this law, the employees of the service are in accordance with article IX § § 11 to 13 of this law Application.

Art IX
Transitional rules

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§ 1 term Remuneration, references

(1) The concept of remuneration in provisions other than those of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) in the version of this Act shall continue to apply until such time as these provisions have been amended in the previous meaning.(2) Where reference is made in provisions other than those of the Bundesbesolding Act to provisions and designations which have been amended or deleted by this Act, the provisions and designations shall be replaced by the provisions of this Act as amended. or new rules. Non-official table of contents

§ 2 Replacement of the term Multi-Work Compensation by Multi-Work Compensation

As far as the laws and regulations of the The term "multi-job compensation" is used for the term "multi-work compensation". Non-official table of contents

§ 3 Equal treatment of officials

(1) In raceways in which the final examination of an engineering school is required for the qualification , the officials who demonstrate the completion of an engineering school are treated as equivalent to the officials listed in Section 23 (2) of the German Federal Law on Salaries.(2) In raceways in which the qualification is or has been requested for the qualification of another school in the field of applied sciences, the officials who demonstrate that such a school has been completed shall be the official with the conclusion of a school leaving certificate. University of Applied Sciences if the training was comparable with regard to quality and the 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 Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) in the version of this law after the completion of the career training for the first time are accepted.(3) Paragraph 1 shall also apply to officials in the upper technical service who have passed the high-level technical service and for civil servants of the technical service, who have not completed a technical service. If they hold an office for which the final examination of a university of applied sciences or of an engineering school is required, in accordance with the applicable career regulations.(4) Footnote 1) to grade A 10 in Annex I of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) shall apply mutah. to 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 of this Act are to be applied only to civil servants of the superior technical service; this does not apply to civil servants of the high-end non-technical service, who until 31. In December 1975, the conditions laid down in Section 23 (2) of the Federal Law on Enforcement have been fulfilled, but due to their convocation to the Basic Defence Service or to the Civil Service only after that date shall be terminated as civil servants. The application of paragraphs 2 and 3 shall be suspended.(6) Officials, who are on the 31. 10 December 1975 in the legal position of an official for employment of grade A 10, remain in this legal position and their subsequent employment shall be carried out at the previous entry office of the A 10 grade. Non-official table of contents

§ 4 Management of officials

(1) For the transfer of the days before the entry into force and on the day of entry into force of this The following provisions shall apply to officials in office, if their classification is governed by this law.(2) Where classification, official allowances, official designations or functional designations are amended by this Act, and official allowances or functional designations are introduced into offices, the offices concerned shall be included in a To list the Federal Government with the consent of the Federal Council, in accordance with § 18 and section 42 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), special names may be transferred to the basic names of the German Federal Government. 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 discernible recovery which is not linked to the new official title. In so far as the new official title 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 these preliminary remarks. 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 By agreement with the Minister responsible for the law on pay, which new official title of the official will be assigned; the power may be transferred to another Minister.(3) Paragraph 2 shall apply to the offices of the rectors referred to in Article 7, as representatives of principals, if the conditions of classification laid down in the Bundesbesoldung ordnung A are not fulfilled, provided that they are subject to the conditions laid down in paragraph 2. The office of a Second Rector or Second Real-School Conrector is to be transferred. 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 Federal order A specified classification requirements have not been met.(4) An official who, on the basis of Section 19 of the Civil Service Law, Section 28 (2) and (3) of the Federal Civil Service Act or corresponding national legal provisions, or pursuant to Section 130 (1) sentence 2 of the Civil Service Law Framework Act, has an office with has been transferred, for the purposes of the application of the first sentence of paragraph 2, the first sentence of paragraph 2 shall be treated in the same way as if, on the date of entry into force of that law, he or she would have held the former office and the following day the Office shall be has been transferred with a lower final basic salary or 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 or she would continue to carry out the previous activity corresponding to his or her duties.(5) The future offices in which the incumbent may remain at the date of entry into force of this Act shall be listed in a legal regulation issued by the Federal Government with the consent of the Federal Council. The legal decree may include:
1.
Offices which, upon the entry into force of this Act, shall be included in the Annex I to the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) as in the future were listed in the future,
2.
Offices in runways, in which no more officials are admitted,
3.
Offices of the First State Attorneys in Baden-Wuerttemberg in grade A 14a and the First Prosecutor in Bavaria at the Public Prosecutor's Office in a Administrative Court in Grade A 14 plus official allowance,
4.
Single Offices as well as
5.
Offices with one of the The official designation deviates from the official designation in raceways, whose top offices are classified above the entrance office of the next higher career group.
In the future, the officers are no longer allowed to be awarded to the officers. However, an official who holds a post in the future may, by means of promotion, be given an office which is also designated as being in the future, unless he or she has been transported to an office in accordance with grades A or B is possible.(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 new regulation on: the addition of additions to the official designations. Up to that date, the existing and newly recruit officials may be reawarded the existing official designations within the meaning of the first sentence.(7) Officials who, by way of derogation from the general classification for their person, received remuneration after a higher grade on the day before the entry into force of this Act, than under this law for the In the future, the corresponding office will continue to be granted on the basis of the higher grade.(8) Offices in intermediate-grade groups are to be transferred to 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

. IX § 4 (1) and 2: BVerfGE v is incompatible with Article 3 (1) of the GG in accordance with the decision-making formula. 4.2.1981 I 415-2 BvR 590/76- Non-official table of contents

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

(1) The national governments are authorized to transfer the offices of the following officials by means of a decree-law, taking into account the principles of § 4, and to determine the future offices in this area:
1.
the officials of the municipalities, community associations, and the other supervisors of a country under the supervision of a country Bodies, institutions and foundations of public law which were 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 State Regulations and in which
a)
on the basis of this law the classification, the official allowances or the terms of office changed, or the official allowances
b)
will be required by this law for the future omission,
2.
the official whose offices are governed by the legal regulations according to § 21 (1) and (2) and § 22 of the Federal Law on the Law of Enforcement (Bundesbesoldungsgesetz) in the version of this law and which are published on the day before Entry into force and on the date of entry into force of the legal regulation in office.
(2) The empowerment may be transferred to the Minister or Ministers responsible. Non-official table of contents

§ 6 Remuneration service of existing officials

The determination of the grade of salary for the entry into force of this Law in the Office shall remain unaffected. 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. Non-official table of contents

§ 7 Exceeding the allowed number of posts for conrectors at primary schools, primary schools, primary and secondary schools, In the case of the entry into force of this Act, the number of posts authorised by the relevant grades in the relevant grades shall be the number of posts for conrectors,

of which shall be the permanent representative of the Head of a primary school, secondary school, primary and secondary school, secondary school or independent school-independent orientation level, each with more than 540 pupils, or the number of posts authorised for study directors Secondary schools, vocational schools or study seminars are to be converted accordingly after the entry into force of this law. Non-official table of contents

§ 8 Chief of judges and prosecutors

(1) For the transfer of the day before the entry into force and on the day of the The following provisions shall apply to judges and prosecutors who are in office, if their classification is governed by this law.(2) Where classification, official allowances, official designations or functional names for offices are amended by this Act, and official allowances or functional designations are introduced into office, the offices concerned shall be in a The Federal Government, with the consent of the Federal Council, shall issue a decree-law. The previous grade shall be the grade of grade which the judge or prosecutor heard on the day prior to the entry into force of this Act. The prosecutors are leading the new official title. Section 4 (2) sentence 4 shall apply accordingly.(3) Paragraph 2 shall apply to the offices and functions listed in § 10, if the conditions of classification as specified in the Bundesbesoldung ordnung R are not fulfilled, provided that
prosecutors as group leaders at the prosecutor's office at a district court as well as first prosecutors in grade R 1 plus an official allowance of 150 Deutsche Mark, judge at the local court, at the Labour Court or the Social Court as other supervisory judges in the grade R 2, attorneys general as department head at the Prosecutor's office at a district court in the grade R 2 and attorneys general as head of department at the public prosecutor's office in a district court in the grade R 2 plus an official allowance of 150 Germans Mark
.(4) § 4 (4) shall apply accordingly. § 32 of the German Judges Act (German Judges Act) is replaced by Section 19 of the Law on the Law of the Civil Service.(5) § 4 (5) shall apply accordingly. Judge, who is on the 30th In June 1975, the Office of Transport has held a transport office, which is separated from the incoming office by the addition of a functional supplement, and its function of 1. Assigned to the R 1 grade in July 1975,
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 an official allowance,
2.
after grade R 1 plus an official allowance of 150 DM-in the future-in the event of a previously withdrawn classification by a higher grade or by a ruthful supplement to grade R 1 of the Act on the Remuneration Of Judges and Prosecutors of the State of Hesse of the 4. March 1970 (Law and ordinance sheet for the Land of Hesse, Part I, p. 201).
The former function designations are replaced by the comparable functional designations of the Federal Rules of Law R.

Footnote

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

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

§ 38 (2) of the Bundesbesoldungsgesetz (Federal Law on Remuneration) shall not apply to the judges and prosecutors of the State of Hesse who are in office on the date of the 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. Non-official table of contents

§ 10 Exceeding the allowed number of posts for other supervisory judges at local courts, prosecutors as Head of Group and for Chief Public Prosecutors as Head of Department or Head of Department

When this Act enters into force, the number of posts authorised under footnote 2 to grade R 2 shall be applied to other supervisory judges. in a court of 21 or more judges, after the entry into force of that law, any second vacating post shall be converted 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. Non-official table of contents

§ 11 Overline allowance for civil servants, judges or soldiers when changing the classification of an office, and if there is no change or change

(1) This Act shall reduce the remuneration or salaries of an official, judge or soldier, because
1.
the office is classified differently,
2.
a rest-durable allowance is omitted or changed
3.
the new basic salary is different from the previous one,
so that it receives a ruhedproof transfer allowance. In the case of pensions, the minimum amounts set out in Article II (2.3) and (9) shall be counted.(2) The transfer allowance shall be the amount of the difference between the previous salaries or salaries (basic salary, local surcharge, eligible allowances, special local surcharge) and the remuneration payable under this Act (basic salary, local surcharge, ruhe-held allowances, local special surcharge). It will only be granted as long as the previous conditions for eligibility are met with regard to unsustainable vacancy rates.(3) The transfer allowance shall be subject to general remuneration improvements with the percentage by which the basic salaries are raised; where it is granted for the elimination or reduction of a ruheyable allowance, this shall apply only to: 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 surcharge.(4) The State Governments shall be empowered to determine, by means of a regulation, that full-time election officials shall be held at the time of the municipalities, communities, congregations, offices and counties who receive a transfer allowance under paragraphs 1 to 3. , the transfer allowance shall continue to be granted if its official relationship has been terminated because of the end of the term of office and it has been re-established by a re-election immediately following that. Authorization to issue the decree may be transferred to the Secretary of State.

Footnote

Art. IX § 11: incompatible with Article 3 (1) of the GG in accordance with the 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) Decrease by this law is the references of an official, judge or soldier, because
1.
a non-ruhedproof Zulage falls or is changed,
2.
International service references are changed,
3.
Maintenance grants, including allowances or salary, instead of maintenance grants, replaced by the previous national or national regulations by way of a passenger pay ,
, the official, judge or soldier shall receive a compensatory allowance that is not subject to rest.(2) The compensatory allowance shall be
1.
in the case of paragraph 1 (1), in the amount of the difference between the previous and the new allowance, if the allowance is not reached, at the level of the previous allowance,
2.
in the case of paragraph 1, point 2, of the difference between the Previous international salaries and foreign service salaries under this Act,
3.
in the case of paragraph 1, point 3, of the difference between the to previous maintenance grants, including allowances or between the remuneration instead of maintenance grants and the contenders under this law.
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 shall be the same as the balance of purchasing power. 54 the previous remuneration.(3) The compensatory allowance shall be reduced from 1. In the case of paragraph 1 (3), in the case of paragraph 1 (3), in each case one third of the amount by one third of the amount to which the remuneration (without invalidity allowances and allowances) increases, shall be increased by one third of the amount in each case by a general improvement. 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 remuneration. 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 Remuneration for Remuneration the compensatory allowances shall be reduced proportionately, at most in total by the amount referred to in paragraph 3.(5) The arrangements for earlier compensatory allowances other than those referred to in paragraph 4 shall remain unaffected. Non-official table of contents

§ 13 Abolition of pensions for allowances

To the extent that this law provides a stable condition by means of a shall be replaced by a non-ruhe-holding supplement and no ruhegeable transfer allowance in accordance with § 11 shall be granted, the new supplement shall be deemed to be durable for the previous beneficiaries of eligible allowances up to the level of the previous allowance. 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. Non-official table of contents

§ 14 Repeal of the laws of the countries in law

(1) The legislation of the Länder, insofar as it is § 1 (1) to (3) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) in the version of this Act, including the Act on the Duties Of Judges and Public Prosecutors of the 4th Act of 4. March 1970 (Law and regulation sheet for the Land of Hesse, Part I, p. 201), except for the following provisions:
1.
Regulations that can continue to be made by the countries under the Federal Law on the Law in the version of this Act, including the provisions on benefits in kind and Allowance for costs and the authorisations for the adoption of laws, regulations or administrative provisions.
2.
Rules relating to the maintenance of the law and property , including provisions on compensatory allowances and countervailing charges; these provisions may no longer be amended in favour of officials and judges. This does not apply to offices in intermediate-level groups.
3.
Rules relating to the legal status of the officials and judges elected to the Landtag or Bundestag; such Provisions may also be adopted after the entry into force of this law.
4.
Provisions on the offsetting of other labour income or of a Legal maintenance fee for the remuneration in cases where no service has been provided.
5.
§ 33 (2) of the Land Law on Land Remuneration for the Land Baden-Württemberg,
6.
§ 4 (1) and (preliminary remark) No. 7 of the Act of Remuneration A of the Hamburgische Besoldungsgesetz,
7.
§ 25a and § 30 of the German Remuneration Act for the State of Lower Saxony.
(2) Insofar as the Federal Government is empowered to act in accordance with the Federal Law on Remuneration in the version of this Act, in accordance with the provisions of the law, the provisions of the Länder shall remain in respect of these areas until the entry into force of the relevant legal regulation of the Federal Government, or, in so far as this ordinance is governed by legal regulations of the National governments must be completed before the entry into force of these legal regulations.(3) In so far as this law requires the Länder to adapt the national law to federal law, the adjustment shall be made within two years of the proclamation of this law, in compliance with the provisions contained in 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. Non-official table of contents

§ 15 Repeal of federal and national law on maintenance grants

The federal and national legal and legal provisions Rules on maintenance grants and corresponding contributions to officials for revocation in the preparatory service shall be repeal. Section 14 (2) shall apply accordingly. Non-official table of contents

§ 16 Repeal of national law on special grants and capital benefits

The National provisions relating to special grants and capital benefits shall not apply to the extent to which they relate to the persons covered by Article VI (1) or (2) of this Act. Unofficial table of contents

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

(1) The federal legal system 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 the retribution of particular problems which are not taken into account in the evaluation of the Office, which: 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 (4) of the First Remuneration Reregulation Act of 6. July 1967 (Bundesgesetzbl. I p. 629) is deleted. If an international agreement provides for the granting of an allowance for a place of employment abroad, the allowance for civil servants with a place of residence shall be maintained in that place.

footnote

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

§ 18 Repeal of provisions on invalidity allowances

The federal legal system Provisions relating to 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 service of the professional fire brigade.

footnote

Art. IX § 17 (1) sentence 1 and 2 sentence 1 and 2 § 18: italic printing: waiving rules unofficial table of contents

§ 19 local surcharge for casernized

Insofar as living in communal accommodation Officials of the Länder are granted a higher local surcharge than in accordance with Section 39 (2) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), it remains in the process. Non-official table of contents

§ 20 Continuation of regulations on future Federal Offices

The following entry into force of this law Existing regulations on future Federal Offices remain in force until the entry into force of the German Federal Government's legal regulation pursuant to Section 4 (5) of the German Federal Government. Non-official table of contents

§ 21 State allowance for civil servants

State legislation on the granting of an allowance to officials at theatres may be maintained or re-enacted by the State Government by means of a legislative decree. A maximum of 150 DM may be granted. The establishment allowance shall be subject to the specific characteristics of the service to theatres, in particular the difficulties associated with the service at unfavourable times and with the night service, and any expenses incurred. Non-official table of contents

§ 22 Continuation of national rules on allowances to civil servants of public service Insurance institutions

(1) State-law provisions, according to which, until now, an allowance has been made for officials of public insurance companies or credit institutions in the appropriate application of those for civil servants of public savings banks. has been granted and the current arrangements for officials of the Bavarian Insurance Chamber remain in force unchanged.(2) These allowances shall be used to cover the merits and the additional work associated with the service in connection with the service of public-service insurance institutions or credit institutions. Non-official table of contents

§ 23 Continuation of regulations outside the national law of law.

Unless otherwise specified, this law is not otherwise specified. not remain in national law on the classification and designation of the officials of the municipalities, municipal associations and other bodies under the supervision of a country, as listed in § 5, and foundations of 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. Non-official table of contents

§ 24 Maintenance of regulations for beneficiaries

(1) § 74 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) in the version This law shall apply mutatily to the care recipient residing in Berlin.(2) Regulations of the Federal Government and of the Länder for the transfer and adjustment of the pensions which are enacted until the entry into force of this Act shall continue to apply, but shall not apply to any measures taken in accordance with this Act; this shall also apply: for § § 48 to 48d of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) in the version of the notice of 5. August 1971 (Bundesgesetzbl. 1281) and the corresponding national law.(3) This shall not affect the fixing of the salary earner and the salary level of the supply recipient at the time of the entry into force of this Act.(4) In the case of suppliers whose supply has occurred or enters into force 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. Non-official table of contents

§ 25 Change in the starting position for Article VII

Article V of the second federal law on the increase in the law of the federal law is effective from the The entry into force of this Act shall apply in accordance with the provisions of Section 1 (1) (4), (2) and (4) of this Act, to the extent of the 31. March 1973, 30. November 1973. Non-official table of contents

§ 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 the remuneration within the meaning of Article VII Section 1 (3) of this Act becomes the third federal law on the increase in the law of the Federal Republic of Germany (Bundesbesoldungsincrement July 1974 (Bundesgesetzbl. I p. 1557) to 11.4 of the hundred.
2.
Fixed period within the meaning of Article VII (3) (4) of this Act is the time of 1. December 1973 to 1. July 1974.
3.
Comparison 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 shall inform the Federal Minister of the Interior of the Federal Minister of the Interior until the first of the month following the entry into force of this Act the number of the highest federal authorities or the ministers of the Länder responsible for the law on employment. the persons entitled to pay (Article VII (3) (1) of this Act) 1. 1 December 1973 and 1. July 1974 and the expenses incurred for these persons in December 1973 and July 1974 (Article VII (3) (1) of this Act); the factual and computational correctness of the information is
4.
The Federal Minister of the Interior shall give the adjustment surcharge for the period referred to in point 2 up to the first of the adjustment surcharge to be applied to the Entry into force of this second month in the Federal Gazette (Bundesanzeiger). The adjustment surcharge will be the one on the 30. (a) to be granted to existing suppliers with effect from the date of entry into force of this Act; the same shall apply to their survivors.
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§ 27 Transitional Regulation for Step Teachers

Regulations on the remuneration of teachers in an office with a level of focus may be up to 30 years. It was not taken in June 1977. Non-official table of contents

§ 28 Transitional regime for security services

Regulations on the granting of allowances for flat-rate repayment of the Until the entry into force of the preliminary remark No. 8 to the Federal Regulations A and B in the version of this Act, any aggravating and expenses of the Federal Government or the Länder security services shall continue to be applied unchanged; the State of Hesse may grant a staggered allowance of up to 150 Deutsche Mark.

Art X
overhead of civil servants at universities

A non-official table of contents

§ 1 Transition Scheme for University Teachers

(1) Until the entry into force of the national laws to be adopted pursuant to Section 72 (1) of the Higher Education Framework Act, the laws applicable to Officials at higher education institutions in special grades of the laws of state law or regulations or corresponding regulations within the grades A transitional. They must not be changed in favour of the officials.(2) In the case of officials who are covered by the rules referred to in paragraph 1 and are not transferred or transferred to an office of Bundesbesoldung ordnung C or to an office of the Bundesbesoldung ordnung A, the provisions of paragraph 1 shall apply. Regulations without the time limit laid down in paragraph 1 (future offices in future). Non-official table of contents

§ 2 Transfer to the Bundesbesoldungsordnung (Bundesbesoldungsordnung) C

(1) For the legal classification of the persons in the legal position of The following special regulations apply to professors who are to be transferred or to be transferred.(2) The officials to be transferred or transferred to the legal status of professors pursuant to Section 75 (2) and (3) of the Higher Education Framework Act shall be subject to the following principles by means of the Land 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 are at least equal to those of grade A 16, professors at universities (except technical colleges) or equivalent institutions which are in accordance with the applicable rules (a) the right to a special basic salary or a valid grant to the basic salary, thereby exceeding the final basic salary of grade A 15, professors who are entitled to emeriding and who belong to a grade, whose Basic salaries at least to those of grade A 15, directors of art colleges in grades whose basic salaries correspond to at least those of grade A 16;
b)
as a professor in grade C 3the following civil servants for life: department directors (and professors), head of department (and professors), as far as they are in Grades whose basic salaries are at least equal to those of grade A 15, scientific councils (and professors), in so far as they are in grades, the basic salaries of which are at least those of grade A 15 , professors at universities (except universities of applied sciences), insofar as they are in grades, the basic salaries of which are at least equal to those of grade A 15, and are not covered by subparagraph (a);
c)
as a professor in grade C 2, the following civil servants, unless they 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 universities of applied sciences) or equivalent institutions.
(3) Officials listed below shall be included in the Office of the Professors, they shall be as follows:
a)
in grade C 3 senior physicians, senior doctors, lecturers Higher education institutions in the position of an unplanned professor;
b)
at most grade C 3other officials in grades whose basic salaries are at least which correspond to grades A 15;
c)
in accordance with an appropriate assessment to grade C 2 or C 3which are not referred to in points (a) and (b) Officials; the classification into grade C 3 may only be carried out, insofar as this does not exceed the limits specified in § 35 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz).
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§ 3 Transfer of scientific and artistic employees

Will officials be in office pursuant to Section 75 (8) of the Higher Education Framework Act as scientific or artistic staff, they shall be the remuneration group of their former office in accordance with and in accordance with their acquis communautaire in the Office of an Academic Council, Academic Council, Academic Director or Senior Academic Director. Non-official table of contents

§ 4 Transitional provisions for the transfer to the Bundesbesoldungsordnung C

(1) To the state-of-the-art state-of-the-art recognised or approved higher education institutions, whose staff are at the service of the Federal Government, may be required to: 1. July 1978, at the universities of the Länder, after the entry into force of the statutory regulations made pursuant to § 2 para. 2, civil servants, the tasks as professors, as university assistants or as scientific or artistic employees may be shall no longer be assigned to any other than one of the offices designated in Section 3 of the Bundesbesoldungsordnung (Bundesbesoldung ordnung) or as one of the offices designated in § 3. The first sentence shall not apply to teachers for special tasks and shall not apply to any promotion in offices of grade A 14.(2) Dienstherren, in which the percentages of § 35 (1) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) are exceeded as a result of the transfer of the officials in accordance with the principles of § 2, new posts may be required for the achievement of the Vomhundt rates. Professors shall only be able to allocate a maximum of 50 of the hundreds of grades C 4 and C 3, grade C 4 at most to 30 of the hundred of these posts.(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. Professors shall only be required to allocate at most 30 of these posts to grade C 3 of the hundred.(4) Professors of grade C 4 who receive a grant in accordance with Article 5 (4) who is considered to be a grant within the meaning of point 2 (special grant) of the preliminary remarks to the Bundesbesoldung ordnung C, shall be replaced by their position in the second paragraph of point 2 (2). Sentence 1 of the preliminary remarks and with their special grant up to the amount referred to in the second sentence of the second paragraph of the second sentence of the first sentence, to the total amount of the grants referred to therein, if the total amount of their grants is to be paid in accordance with Point 1 and point 2 of the preliminary remarks exceed the difference referred to in the first sentence of paragraph 1 (1) of the preliminary remarks. 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: Transfer probe feed plan point.(5) § 2 (2) (b) applies to study professors of grade H 3 of the German Remuneration Act for the Land of North-Rhine Westphalia. By way of derogation from § 2 (2), scientific councils and professors who are before the 1. July 1970 already as Scientific Department Head and Professors of the grade H 3 of the Remuneration Act for the Land of North Rhine-Westphalia, classified in grade C 4, insofar as this is the case in Section 35 (1) of the The provisions of the Federal Law on Laws of Sentences are not exceeded.(6) For professors at the University of Education in Rhineland-Palatinate as well as for professors at the University of Bremen, who are subject to the amendment of the Law on Civil Service and Enforcement of Obligations under Article 3 (3) of the Law on Civil and Legal Law of the 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 grade A 15 is replaced by grade A 15. Non-official table of contents

§ 5 Maintenance of the acquis

(1) For the maintenance of the acquis in accordance with the requirements of § 2 in the Officials transferred to C 4, C 3 and C 2 as well as officials who have been accepted as university assistants shall be subject to the following special provisions.(2) The professors of grades C 4, C 3 and C 2 shall be classified at seniority levels in accordance with their salary. 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 step of step up to the final basic salary remain unchanged. A special basic salary in accordance with existing national legislation is the same as 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 basic salary, job supplement and monthly amount of the College of Colors, who have been admitted to each other in their previous positions. , a compensatory allowance for non-slip-bearing capacity shall be obtained at the level of the difference in question; the compensatory allowance shall be held for rest, insofar as it is used to compensate for the basic salary or a vacancy for rest. 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 Colleagues, the person who has received a teaching allowance in the last twelve months shall be present before the 1. July 1978 an average of one month in the position of the monthly amount of the college dpauschales.(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, who was last granted to them in her previous office, will receive the difference as a grant in accordance with points 1 and 2 of the preliminary remarks to the Bundesbesoldungsordnung C. The difference shall be valid
a)
as a ruhetable grant within the meaning of point 2 (special grant) of the sentence 1 Preliminary remarks 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 monthly amount of the College's salary shall be 250 DM as stable;
b)
as a grant within the meaning of point 1 of the pre-remarks referred to in sentence 1
aa)
up to the difference between the final basic salary of grade C 4 and the basic salary of grade B 5, if the references are based on a vocation of a Post office for full professors has been increased to a post for full professors or due to a lead negotiation for the application of 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 references are based on one and at least one further appeal or lead negotiation within the meaning of (aa) above
c)
otherwise as a non-ruheable grant within the meaning of point 2 (special grant) of the preliminary remarks referred to in the first sentence. In so far as the sum of this grant and the grant referred to in point (a) exceeds the maximum amount of the grant referred to in point 2 of the preliminary remarks referred to in the first sentence, the difference shall be considered to be a grant within the meaning of point 1 of this Regulation. Preliminary remarks.
Sentence 2 shall apply accordingly to civil servants within the meaning of Section 2 (2) (a), which did not have the legal status of a full professor.(5) Paragraphs 2, 3 and 4 shall apply mutas to the professors and university assistants who have been transferred to a civil service from a private-law employment relationship.
Grade C 4, the new basic salary of which is lower than the previous basic remuneration, a compensatory allowance in the amount of the difference between the previous basic remuneration and the new basic salary. The total amount of compensatory allowance and, in the future, grants awarded in accordance with the preliminary remark number 1 and point 2 of the Bundesbesoldung ordnung C shall not exceed the sum of the maximum amounts referred to in these two provisions. name="BJNR011739975BJNG001100317 " />

Art XI
Final Provisions

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§ 1

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§ 2 Berlin Clause

This Act 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. Non-official table of contents

§ 3 Entry into force

(1) This law occurs on the 1. It shall enter into force in July 1975, provided that the provisions of paragraphs 2 and 3 are not otherwise specified.(2) By way of derogation from paragraph 1, enter into force:
1.
Article I (73), Article III (1), Article IX, Section 3 (2), with Effect of 1. January 1974;
2.
Article I, § 76, 77 with effect from 1. January 1975;
3.
Article I, Annex I, Preface No 8 to the Bundesbesoldung Regulations (A) and (B) (1). January 1977.
(3)