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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Read the untranslated law here: http://www.gesetze-im-internet.de/besvng_2/BJNR011739975.html

Second law to unify and revision of salary law in federal and State (2. BesVNG) 2. BesVNG Ausfertigung date: 23.05.1975 full quotation: "second law to unify and revision of salary law in federal and State Governments by May 23, 1975 (BGBl. I p. 1173), most recently by article 14 of the law of October 19, 2013 (BGBl. I S. 3836) has been changed" stand: last amended by article 14 G v. 19.10.2013 3836 for more information on the stand number you find in the menu see remarks footnote (+++ text proof validity) from: 1.9.1980 +++) article VI No. 2: SoZuwG 2032-6 table of contents article I: recasting the federal salaries Act article II: amendment of the first act to unify and revision of salary law in federal and State (1.BesVNG) Article III: application of the transitional provisions of article II of the 1.BesVNG to supply recipient article IV: modification of the federal civil servants Act and the civil service law framework act article V: change other laws article VI: revision of the law on capital-forming payments for civil servants , Judges, professional soldiers and soldiers on time and of the Act concerning the granting of an annual special allowance article VII: adjustment of pensions in federal and State article VIII: special provisions relating to the area of social security article IX: transitional provisions article X: transition from officials at universities article XI: final provisions input formula the Bundestag has decided with the consent of the Federal Council the following law: type I recast of the federal salaries Act type II amendment of the first act to unify and revision of salary law in federal and State
Type III application of the transitional provisions of the type II of the 1 BesVNG to supply recipient § 1 applicable law for existing pensioners for the beneficiaries of existing at the entry into force of this Regulation shall apply article II of the first act to unify and revision of salary law in federal and State amended the second Federal salary increase law further.

§ Each pension eligible reimbursement from the power amplifier of the grade A 3 step under article II, section 6, paragraph 1, of the first act to unify and revision of salary law in federal and State pension enabled make allowance 2 minimum supply for the calculation of the minimum pensions and minimum accident pensions.

§ 3 are increased accident compensation (1) determining the accident pension according to § 37 para 1 sentence 1 of the officials supply Act enabled pension remuneration of to be the final stage of the next higher grade, based become pension eligible reimbursement the pension-eligible allowances from the grade of the last clad Office, if an appropriate allowance at least equal to the official to the next higher grade.
(2) on application of § 37 para 1 sentence 2 of the officials supply Act the pension enabled points allowance referred to in article II § 6 para 1, according to the grade A 9 will the pension enabled points allowance referred to in article II section 6 paragraph 2, according to the grade A 12 pension-eligible reimbursement according to the grade A 5 the pension enabled points allowance referred to in article II section 6 paragraph 3 of the first act to unify and revision of salary law in federal and State.
(3) paragraph 2 shall apply in the cases of section 24a of the federal police officers Act, section 27 para 1 sentence 2 of the soldier supply Act and of article 3 para 1 sentence 2 of the second act to amend the federal civil servants act of 28 July 1972 (Bundesgesetzbl. I p. 1288) accordingly.
(4) in the cases of § 20 para 1 sentence 2 of the federal police officers Act, the pension enabled points allowance occurs to each pension eligible reimbursement from the final stage of grade A 5, A-6, A-7 or A 9 pursuant to article II, § 6 par. 2 of the first act to unify and revision of salary law in federal and State.
Type IV amendment of the federal civil servants Act and the civil service law framework Act §§ 1 and 2 (lapsed) - section 3 (dropped out) - revision of the law on capital-forming payments for civil servants, judges, professional soldiers and soldiers on time as well as of the law relating to the granting of an annual grant of special type VII adjustment of pensions in federal and State section 1 General adjustment (1) remuneration of the salaries authorized General increases type V change other laws type VI or decreases , are accordingly to regulate pensions at the same time to by federal law.
(2) also the revision of the salary table with different change the basic salary rate and the General increase or decrease of the remuneration to fixed amounts apply as a general change of remuneration within the meaning of paragraph 1.
(3) be a general increase in salaries, salaries, pension-eligible allowances and local supplements not to the same extent, or remuneration increases through fixed amounts, the resulting for the salary of the Federal and state average percentage of the General increase of the remuneration determined for the application of paragraphs 2 to 7 of this article especially in the respective salary increase law to one place after the decimal point; It should be noted the number of in the different grades grade entitled. The same applies in a general reduction of remuneration.

Article 2 adjustment surcharge (1) increases the average salary cost of the Federal and State Governments during the observation period through changes which are not general increases in salaries in the sense of § 1, is granted the care recipients an accommodation supplement. This does not apply to the beneficiaries of transition Gebuehrnissen and compensation payments.
(2) the salaries generally are reduced during the observation period, is to regulate whether adjustment charge to grant is the care recipients due to improvements occurred within this period for salaries authorized by federal law.

Section 3 definitions (1) salary cost is the sum of the salaries paid in the same month, grants to the basic salary, location surcharges, allowances, which are paid monthly in advance, and capital-forming payments for the existing on the first of the comparison month salary authorized with the exception of officials to revoke in the preparatory service and officials of withdrawal, which by the way are used. Payments in the same month for previous periods remain in the computation of salary expenses not taken into consideration.
(2) average salary spent the sum is divided by the total number of covered salary authorized pursuant to paragraph 1.
(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 (assessment year).
(4) determination period is the time from July 1 of last year until July 1 of the assessment year.

§ 4 calculation of the adjustment surcharge (1) have been during the observation period the remuneration not generally increases or decreases, determined the amount of the difference between the average salary expenses in the same period at a percentage of average salary expenses of the comparison month of the previous year to one place after the decimal point. Rate this hundred grants an adjustment surcharge to pension-eligible reimbursement.
(2) the salaries generally have been raised during the assessment period, the average salary cost of the comparison month of the previous year by the amount of the average rate of one hundred of the General increase is increased. A percentage of average salary expenses increased pursuant to sentence 1 of the comparison month of the previous year to one place after the decimal point determines the amount of the difference between the average salary expenses increased pursuant to sentence 1 of the comparison month of the previous year and the average salary expenses of the comparison month of the year of the finding. Rate this hundred grants an adjustment surcharge to pension-eligible reimbursement.
(3) in the case of pensions, which are set at fixed amounts, the adjustment surcharge at the rate of one hundred is granted pursuant to paragraph 1 or 2 to this supply reference.

§ 5 assessment procedure (1) the Supreme Federal authorities, or which of them authorized agencies and the Ministers responsible for the remuneration right of countries share the Federal Minister of the interior until October 1 of each year the number of salary authorized (§ 3 para 1) on 1st July of the determination and the for these people in the month of July of the assessment year incurred salary costs (section 3 para 1) with. The factual and accounting accuracy of information should be noted.
(2) the Federal Minister of the Interior determines the adaptation contract and announces it to 1st November each year in the Federal Gazette.

§ 6 payment of adjustment surcharge which is adapting supplement existing on 30 June of the previous year's supply recipients by January 1 of the year following the determination year grants. The same applies to their survivors.

§ 7 Summary adjustment surcharges for the second and each further granting an adjustment surcharge adjustment surcharges for pensioners are counted together each with same date (§ 6) to a common percentage.
Type VIII
Special provisions relating to the scope of article 1 (1) social security federal public bodies in the area of social security have when setting up your service orders according to §§ 351-357, 413, para 2, § 414 b Reichsversicherungsordnung, sections 144 to 147 of the seventh book of the social code, § 52 para 2 and § 56 para 3 of the Act on the pension of farmers, § 58 of the second law on health insurance of farmers for the service accounts provided 1 the scope of the federal salaries Act , in particular that for the applicable pay and job structure, federal officials maintain, 2. all other money and cash services and supply within the framework and according to the principles of the provisions on the Federal officials to regulate.
(2) (dropped out) disappeared (3) & (4)) (5) (dropped out) (6) the Federal Ministry of labour and Social Affairs is authorized to set upper limits in the agreement with the Federal Ministry of the Interior and federal authorities referred to in the Federal Ministry of Finance Ordinance with the consent of the Federal Council in paragraph 1 of statutory accident insurance, as well as the agricultural social security, taking into account the principles applicable to federal officials for the proper assessment of the functions for the number of offices of the transport. The post of the supervisory staff must be assessed according to section 147a, paragraph 3, of the seventh book of the social code and classified.

Section 2 (1) for country-direct public bodies in the field of social security are 1 section 1 paragraph 1 with the proviso that takes the place of legislation for federal civil servants law applicable to State officials, as well as 2 § 1 para 2 and 6; the State Governments be empowered to regulate classification limits and upper limits for transport offices by regulation.
In determining the classification limits standards applicable to federal insurance are to apply. For insurers, whose jurisdiction extends over the territory of a country, the right of the supervisor is to apply country.
(2) to (5) (dropped out) § 3 (dropped out) section 4 on the day of entry into force of this Act existing service properly employed finds article IX, sections 11 to 13 of this Act apply accordingly.
Type IX transitional provisions § 1 term salaries, references (1) the term of salaries in other rules than those of the federal salaries act as amended by this Act continues to apply to a change to those rules in the previous meaning.
(2) in other rules than those of the federal salaries Act rules and labels are referenced, which have been modified or deleted by this law, the rules and terms take their places according to the amended or new regulations.

Article 2 replacement of the concept of overtime compensation through overtime remuneration insofar as the term "Overtime compensation" is used in laws and regulation, the term "Overtime pay" takes its place.

Article 3 equal treatment of officials (1) into careers in which the competence required the audit of a school of engineering is required or has been the officials who prove the completion of an engineering school, the officers listed in section 23, paragraph 2, of the federal salaries Act are assimilated.
(2) in careers where the competence required the audit of other, related to the University of applied sciences area school is required or has been, the officials who prove the conclusion of such a school, the officer with a university degree are equal, if was comparable in terms of quality and the duration of training at a technical college. The more the Federal Government determines by decree with the consent of the Federal Council; Equality must each for a career in the Federal Government or in a country at the earliest of the time provided, the officials with a qualification are applied according to § 23 para 2 of the federal salaries act as amended by this Act, for the first time after completion of career training.
(3) paragraph 1 shall apply also for officials in raceways of superior technical service, which have passed the promotion exam for the higher technical service as well as for officials of the superior technical service who are employed without completing an engineering school, if they serve in a capacity for which the audit of a college or a school of engineering is required according to the regulations of the carrier.
(4) footnote 1) to the grade A 10 in annex I of the federal salaries Act applies in the paragraphs 1 to 3 listed officials according to.
(5) § 23 para 2 of the federal pay law and footnote 1 to the grade A 10 in annex I to this Act are only on civil servants of the superior technical service to apply; This shall not apply in the case of servants of the upscale non-technical, up to December 31, 1975, the requirements of section 23 paragraph 2 of the federal salaries Act have met, however only be adjusted because their call-up to basic military service or civilian service after that date as officials. Subjected to the application of paragraphs 2 and 3.
(6) officers, who were on 31 December 1975 in the legal status of a civil servant to the appointment with reimbursement of the grade A 10, will remain in this status; their subsequent employment is carried out in the previous input the grade A 10.

§ 4 transfer of officials (1) for the transfer of officials in the days prior to and on the date of entry into force of this law in the official, the following provisions unless their classification is governed by this law, apply.
(2) as far as be modifies this law classifications, Office allowances, Office names or function names to government offices and Office allowances or function names to authorities introduced, the affected offices in a decree are performing, adopted pursuant to the Federal Government with the consent of the Federal Council; This special title in basic Office designation can be transferred in respect of section 18 and of section 42 of the federal salaries Act. Previous grade is considered to be the grade, which was a member of the officials on the day before the entry into force of this Act. The officials lead the new official title. For once, it can be admitted that officials for their person can continue their current official title, if this indicates a clearly recognizable scaffolders, who is not connected with the new title. As far as the new official name a reason official title within the meaning of point 1 of the introductory remarks to the Federal salary order is A and B, you can be attached to Accessories in accordance with these introductory remarks. The former official name not in the Ordinance are listed determines the Minister responsible for the remuneration right, for the authorities, establishments and foundations under public law the Supreme legal authority in agreement with the Minister responsible for the pay legislation, which new official label of officials leads; the power can be transferred to a different Minister.
(3) paragraph 2 shall apply for the offices listed in section 7 of the Konrektoren as a representative of headmasters of schools if the classification requirements specified in the Federal salary order A are not met, with the proviso that they lead to are into a second Rector or second Realschule conrector Office corresponding to the use. By way of derogation from paragraph 2 sentence 3 and 4 can for officials who previously led the official title Deputy Director, for their person conducting the official designation secondary school headmaster be admitted if the classification requirements specified for this Office in the Federal salary order A are not met.
(4) a civil servant, which on the basis of article 19 of the framework law of law on civil servants, section 28 paragraph 2 and 3 of the federal civil servants act or corresponding national regulations or on the basis of section 130 subsection 1 sentence 2 of framework law on civil servants an Office with a lower final basic salary or salary has been transferred, in application of paragraph 2 sentence so handled 1 and 2, as if he still had held the previous Office on the day of entry into force of this Act and him on the following day the Office with a lower final basic salary or basic salary would be delegated. Is this possibility no use had been made the official is to treat as if he would still pursue the earlier activity corresponding to his Office on the day of entry into force of this Act.
(5) the future falling away offices, where the office-holder existing at the entry into force of this law may remain, are performing in a regulation adopted pursuant to the Federal Government with the consent of the Federal Council. Can be included in the regulation: 1 offices that were I to the federal salaries Act listed in the future falling away as 2 offices into careers, in which no officials recorded upon entry into force of this Act in the complex are, 3 offices of first prosecutors in Baden-Württemberg in grade A 14a and the first prosecutors in Bavaria at the public prosecutor's Office with an administrative court in grade A 14 plus Office allowance , 4 individual offices, as well as 5.
Offices with a deviating from the rule title title in raceways, whose top jobs are classified above the entrance Office of the next higher grade.
In the future falling away offices may no longer be awarded officials. Office also called in the future falling away can be awarded however means of transport an official who holds a future falling away official, if not a promotion in an Office installed in the orders of grade A or B is possible.
(6) officers with a title, which is composed of a basic Office designation within the meaning of point 1 of the introduction to the orders of grade A and B and an additional, continue its previous official name until a revision about the addition of additives to the official labels. Up to this point, the previous terms of Office within the meaning of sentence 1 can be awarded newly the existing and the newly appointed officials.
(7) remuneration granted to continue officials, by way of derogation received remuneration in the days before the entry into force of this law on the basis of salary laws from the general classification for their person after a higher grade, as provided under this Act for the corresponding Office in the future generally, according to the higher grade.
(8) offices in the intermediate grade are in the grade of a rule to take over. The paragraph 5 2 No. 3 listed offices are set to lead to grade A 14 plus an Office allowance of 150 DM.
Footnote article IX section 4 para 1 and 2: with article 3 para 1 GG to in accordance with the decision formula incompatible BVerfGE v. 4.2.1981 I 415-2 BvR 590/76 - section 5 reconciliation by officials at corporations, institutions, and foundations under public law (1) countries that are State Governments empowered by regulation, taking into account the principles of article 4 the offices of the following officials to take over and to determine the future falling away offices in this area : their offices not in the State pay regulations are listed 1. the officials of the municipalities, municipal associations and other bodies subordinate to the authority of a country, institutions and foundations governed by public law, which were on the day prior to and on the day of entry into force of this law in the official and a) under this Act changed the classification, official allowances or official designations or Office allowances introduced or deleted , b) the future elimination on the basis of this Act is required, 2 officials, whose Ämter are regulated in the regulations according to § 21 para. 1 and 2, and section 22 of the federal salaries act as amended by this Act and which were on the day prior to and on the date of entry into force of the Legislative Decree in the Office.
(2) the authorization can be transferred to the or the competent Minister.

§ 6 grade seniority of existing officials setting the grade seniority of civil servants the entry into force of this law in the official remains unaffected. Pay seniority is newly set at the request of the official, if an improvement arises due to the Federal salary act as amended by this Act.

§ 7 exceeded the allowable number of posts for Konrektoren primary schools, schools, primary and secondary schools, Realschulen and Studiendirektoren is the permissible after the function descriptions in the relevant grades number of positions for Konrektoren, of which none to the permanent representatives of the conductor is ordered at an elementary school, middle schools, elementary and middle schools, secondary school or independent school type independent orientation stage at entry into force of this Act , each with more than 540 students, or the maximum number of posts for Studiendirektoren at secondary schools, vocational schools or study seminars exceeded, so are accordingly to convert freed points after entry into force of this Act.

§ 8 transfer of judges and prosecutors (1) provided that their classification is governed by this law the following provisions for the reconciliation of judges on the day prior to and on the date of entry into force of this law in the official and prosecutors, apply.
(2) as far as ratings, Office allowances, Office names or function names to offices be changed by this law, as well as introduces Office allowances or function names to authorities, the affected offices in a decree are performing, which shall be adopted by the Federal Government with the consent of the Federal Council. The grade of the judge or Prosecutor was a member on the day before the entry into force of this Act is considered previous grade. The prosecutors leading the new official title. § 4 paragraph 2 sentence 4 shall apply mutatis mutandis.
(3) paragraph 2 applies to the offices listed in section 10 and functions when the classification requirements specified in the R Federal salary regulations are not met, with the proviso that prosecutors as group leader with the Prosecutor at a District Court, as well as first prosecutors at the grade R 1 plus an Office allowance of 150 DM, judge at the District Court, the labour court or the Social Affairs Court as more monitor judges in the grade R 2 , Oberstaatsanwälte as head of Department at the Prosecutor to take over mark are in the grade R 2 and Oberstaatsanwälte as a head of Department at the public prosecutor's Office at a regional court in the grade 2 plus an Office allowance of 150 German R at a District Court.
(4) section 4 (4) shall apply mutatis mutandis. § 32 of the German Judges Act takes the place of the article 19 of the framework law on officials.
(5) section 4 para 5 shall apply accordingly. Judges who hold any transport Office on June 30, 1975, that apart from the entrance Office function addition, and their functioning by July 1, 1975, at the grade R 1 is associated with are transferred 1 to grade R 1 plus an Office allowance of DM 75 - falling away in the future - in the case of a previously prominent classification by an Office allowance 2 to grade R 1 plus an Office allowance of 150 DM - future falling away - in the case of a previously prominent classification by a higher grade or enabled pension allowance to the grade R 1 of the law on the salaries of the judges and prosecutors of the State of Hesse by March 4, 1970 (law - and regulation-sheet for the State of Hesse, part I p. 201).
The similar function names the federal salaries Regulation R. footnote shall be replaced the previous name of the function article IX section 8 para 1 and 2: with article 3 para 1 GG to in accordance with the decision formula incompatible, BVerfGE v. 4.2.1981 I 414-2 BvR 570/76 and others - section 9 application of § 38 paragraph 2 BBesG on do not apply existing judges and prosecutors of section 38, paragraph 2, of the federal salaries Act on the on the day of entry into force of this law in the official judges and prosecutors of the State of Hesse. Remains indeed in the application of the rules on the on the day of entry into force of this law in the official judges and prosecutors that the calculation of the salary based to be age behind the actual age of the judge or Prosecutor, the basic salary after the life step to grant, that corresponds to the step, the judge or Prosecutor has reached after his previous pay seniority. Where is the level 1 of the annex IV No. 4 of the step 6 of annex IV No. 1 of the federal salaries act as amended by this Act.

§ 10 exceeded the allowable number of posts for more monitor judges in district courts, State attorneys as a group leader and for Oberstaatsanwälte as a head of Department or head of Department is the permissible according to footnote 2 to the grade R 2 number of posts for more monitor judges on a court with 21 entry into force this law and more judge position, is to convert every second vacancy accordingly after entry into force of this Act. This 2 maximum number of posts for Oberstaatsanwälte as a head of Department or head of Department also applies to the permissible according to footnote 2 to the grade R 1 number of posts for public prosecutors as a group leader at a public prosecutor's Office with 10 or more positions for public prosecutors and to footnotes 6 and 7 to the grade R.

§ 11 transfer allowance for civil servants, judges or soldiers in the classification of a post and elimination or modification of pension-eligible allowances (1) reduce by this law the emoluments or emoluments of officials, judge, or soldiers, because 1 the Office differently is classified, 2. a pension enabled allowance falls off or is changed, 3. which new basic salary rate from the previous differs, so he receives a pension-enabled data transfer allowance. The minimum amounts of the article II No. 2.3 and no. 9 are credited pension's ability.
(2) the bridging allowance is granted in the amount of the difference between the current emoluments or official remuneration (base salary, local allowance, pension enabled allowances, local special surcharge) and under this Act is entitled to reimbursement (salary, local allowance, pension enabled allowances, local special supplement). Is accorded only as long as regards pension enabled make allowances as the previous eligibility requirements are available.
(3) the interim bonus participates in general pay improvements with the percentage to the basic salaries be raised; as far as it is granted a pension-eligible allowance for eliminating or reducing this applies only if and as far as also the eligible pension allowance would have participated in the general improvement of the grade. The bridging allowance shall not exceed the remuneration together with other emoluments, that each would have given the officers in his previous post. It reduces itself to any other increase the remuneration (base salary, local allowance, pension enabled allowances, local special supplement) except a boost by changing the level of the local bid.
(4) the land Governments are empowered to determine that the full-time election officials on time of the municipalities, municipalities, municipalities, offices and districts, have received an interim bonus according to the paragraphs 1 to 3, the interim bonus share is granted if their duties due to end of term was over and it new was founded by re-election immediately carried out by regulation. The authorization to issue the decree can be transferred to the competent Minister.
Footnote article IX section 11: article 3 para 1 GG according to the formulas of the decision incompatible, BVerfGE v. 4.2.1981 I 414 & 415 - 2 BvR 570/76 and others and 2 BvR 590/76 - § 12 compensatory payment in other cases for civil servants, judges and soldiers (1) reduce by this law the remuneration of officials, judge or soldier, because 1 an ineligible pension allowance falls away himself or is changed , 2nd international remuneration be changed, 3. maintenance grants including allowances or salaries instead of maintenance grants after the recent federal or national regulations be replaced by candidate references, so the official, judge or soldier receives an ineligible pension compensation allowance.
(2) the compensatory allowance is 1 in the case of paragraph 1 No. 1 in the amount of the difference between the previous and the new allowance for loss of allowance in the amount of the previous allowance, 2. in the case of paragraph 1 No. 2 in the amount of the difference between the previous foreign reimbursement and foreign reimbursement under this law, 3. in the case of paragraph 1 No. 3 in the amount of the difference between the previous maintenance grants including bonuses or between the covers instead of maintenance grants and the references of candidates under this Act grants. The compensatory allowance is granted only as long as the existing eligibility requirements for the grant of allowances or other remuneration were still met. In the case of paragraph 1 No. 2 is granted the compensatory allowance no longer than for a period of three years; a reduced purchasing power supplement, is due to the realignment of purchasing power balancing so the previous remuneration be based notwithstanding § 54 the Equalization of purchasing power.
(3) the compensatory allowance is reduced from January 1, 1976 to each one-third of the total amount the himself (without difficulty allowances and remuneration) remuneration, in the case of paragraph 1 No. 3 the candidate references on the basis of a general improvement of salary increase. You decreases further to any other increase the remuneration (base salary, location surcharge, make allowances, local special supplement), in the case of paragraph 1 No. 3 of contender covers, with the exception of an increase by a change in the level of the local aggregate.
(4) at the meeting of a compensatory allowance according to paragraphs 1 to 3 with an other compensatory allowance according to the first law to unify and revision of salary law in federal and State, and the second Federal pay increase the compensatory allowances be reduced pro rata, not more than a total to the amount referred to in paragraph 3.
(5) the provisions on other falling under paragraph 4 previous compensatory allowances remain unaffected.

§ 13 elimination of pension ability in allowances is a capable pension allowance replaced by this law by an ineligible pension allowance and no pension enabled bridging allowance granted pursuant to section 11, is considered for the previous recipient of pension-eligible allowances the new allowance up to the amount of the previous allowance pension-eligible. The previous allowance was considered part of the basic salary, this applies to the former receiver for the new allowance.

§ 14 suspension of salary regulations of countries (1) the legislation of the countries, insofar as they contain salary laws in the sense of § 1 para 1 to 3 of the federal salaries act as amended by this Act, including the law about the salaries of judges and prosecutors by March 4, 1970 (law - and regulation-sheet for the State of Hesse, part I p. 201), occur with the exception of the following provisions override : 1 regulations, which still can be taken after the federal salaries act as amended by this Act of the countries, including rules on remuneration in kind and compensation, as well as the appropriations to adopt legislative or administrative measures.
2. rules concerning the safeguarding of law and acquis including the compensatory allowances and compensation compensation legislation; These rules may be changed in favour of civil servants and judges. This does not apply to offices in the intermediate grade.
3. regulations on the legal status of officials elected in the Parliament, or the Bundestag and judges; such regulations may be adopted still even after entry into force of this Act.
4. rules on the accounting of other labour income or a bibliographical maintenance contribution to the remuneration in cases where no service has been done.
5. § 33 para 2 of the country pay Act for the Baden-Württemberg, 6 § 4 para 1 and preliminary note No. 7 to grade order of the Hamburgische salaries Act, 7 § 25a and § 30 of the salary law for the State of Lower Saxony.
(2) If after the federal salaries act as amended by this Act that Federal Government is empowered, by regulation certain areas to settle, stay the regulations of the countries in these areas until the entry into force of the respective regulation of the Federal Government, or if this decree must be completed through regulations of the provincial governments, until the entry into force of these regulations in force.
(3) as far as this law obliges the countries to adapt the State law in federal law, is the adjustment period of two years after the promulgation of this law in accordance with the regulations contained in this Act. This applies also for the offices in the intermediate grade, insofar as they are transferred by the countries. section 80 of the federal salaries act as amended by this Act shall remain unaffected.

Repeal of federal and national regulations concerning maintenance grants the Federal and national regulations concerning maintenance grants and corresponding payoffs to officials of withdrawal in the preparatory service contact section 15 override. § 14 paragraph 2 shall apply mutatis mutandis.

Repeal of national legislation of special gifts and collect services special grants and capital-forming payments according to the national legislation appear § 16 override, insofar as they relate to the covered persons in article VI No. 1 or 2 of this Act.

Repeal of federal regulations about remoteness allowances and other allowances (1) § 17 federal regulations on allowances which are granted due to the remoteness of a service center, enter override; the same applies to the allowances or grants to cover special in the assessment of the Office of not considered handicaps that are allowed for this field. Donations for the compensation of expenses on the basis of facts referred to in sentence 1 are not to be granted.
(2) § 2 para 4 of the first grade new regulation law of 6 July 1967 (Bundesgesetzbl. I p. 629) shall be deleted. A Treaty provides for the grant of an allowance for a place of employment abroad, the allowances for civil servants with the residence in this place is maintained.
Footnote article IX section 17 para 1 sentence 1 and paragraph 2 sentence 1 and § 18: italic: repeal provisions § 18 repeal of regulations about complication allowances the Federal regulations concerning the granting of difficulty allowances enter override insofar as they relate to the granting of allowances for service in prisons and the prison service of the fire department.
Footnote article IX section 17 para 1 sentence 1 and paragraph 2 sentence 1 and § 18: italic: repeal provisions § 19 local allowance for Kasernierte extent in community shelters a higher local allowance is granted as according to § 39 para 2 of the federal pay law, resident officers of the countries will remain here.

Article 20 the existing at the entry into force of this Act provisions about falling away in the future positions of the Federal Government remain continuity of rules for future falling away offices of the Federal Government until the entry into force of the regulation of the Federal Government according to § 4 paragraph 5 continue in force.

§ 21 allowance for civil servants at theaters
National regulations concerning the granting of an allowance to officials at theaters can be maintained or newly adopted by regulation of the Government of the country. Not more than a set allowance of 150 DM may be granted. The features of the service at theaters, particularly times unfavourable to the service and difficulties associated with the night service and a possible effort be compensated through the points allowance.

Section 22 national rules on allowances to officials of public service insurance companies (1) national rules according to which so far to officials of public insurance companies or credit institutions an allowance in appropriate application of the arrangements for officials of public savings banks has been granted and the current regulation for civil servants of the Bavarian Chamber of insurance remain continuity unchanged.
(2) by this allowance, the difficulties associated with the service in public service insurance companies or credit institutions generally and the extra work associated with the service are compensated with.

Article 23 contained regulations on the classification and official designation of authorities in section 5 the listed officials of municipalities, municipal associations and the other in the supervision of a country, institutions and foundations under public law remain continuity of arrangements outside the State pay laws as far as this law determines otherwise, not in State pay laws up to the new regulations of the offices in the State pay regulations in effect. They occur at the latest after the expiry of two years after entry into force of this provision overrides and may not be amended in favor of officials.

§ 24 maintenance rules for pensioners (1), section 74 of the federal salaries act as amended by this Act applies for beneficiaries residing in Berlin.
(2) provisions of the Federal and State Governments to the transition and adjustment of pensions that are issued until the entry into force of this Act, do not apply to pay legal action on the basis of this Act; further, but This also applies to the §§ 48-48 d of the federal salaries act as amended by the notice of August 5, 1971 (Bundesgesetzbl. I p. 1281) and the corresponding national law.
(3) the determination of the grade seniority and the salaries of beneficiaries existing at the entry into force of this Act age remains unaffected.
(4) for pensioners, which during up to the expiration of six months after entry into force of this regulation entered or occurs a higher resting content set is experiencing under existing law is maintained.

§ 25 change baseline for article VII article V of the second Federal salary increase Act is to apply with effect from the entry into force of this law with the proviso that in section 1 para 1 No. 4, paragraph 2 and paragraph 4 in place of the 31 March 1973 occurs each November 30, 1973.

Article 26 transitional provisions is article VII of this law article VII to apply for the first time with the following stipulations: 1 is the average percentage of the General increase of remuneration within the meaning of article VII § 1 section 3 of this Act for the third federal salary increase Act of July 26, 1974 (Bundesgesetzbl. I S. 1557) established on 11.4 per cent.
2. assessment period within the meaning of article VII section 3 para 4 of this Act is the month of December 1973 the period from December 1, 1973 until July 1 1974 3. comparison month of the previous year within the meaning of article VII section 3 para 3 of this Act. The Supreme Federal authorities or by these authorised agencies and Ministers of the countries responsible for the remuneration right share the Federal Minister of the Interior to the first of the month following the entry into force of this law the number of salary authorized (article VII section 3, paragraph 1, of the Act) on December 1, 1973, and on July 1, 1974 and the for this group of people in the month of December 1973 and in the month of July 1974 incurred salary costs (article VII, section 3, paragraph 1, of the Act) with; the factual and accounting accuracy of information should be noted.
The Federal Minister of the Interior Announces 4 adjustment surcharge determined for the observation period referred to in point 2 to the first of the second month following on the entry into force of this Act in the Federal Gazette. The adjustment surcharge will on 30 November 1973 existing care recipients with effect from the entry into force of this law to granted; The same applies to their survivors.

§ Not taken must 27 transitional stages teachers rules about the salaries of teachers in an Office-related steps focusing up to June 30, 1977.

Section 28 regulations concerning the granting of bonuses to flat-rate compensation for the difficulties and expenses in the security services of the Federation or of the countries are transitional arrangements for security services until the entry into force of the preliminary note No. 8 to the Federal salary order continues to apply A and B as amended by this Act. the State of Hesse may grant a tiered compensation up to 150 DM.
Type X transferring civil servants to the universities section 1 apply transitional arrangements for professors (1) until the entry into force of the provincial laws to be adopted according to article 72, paragraph 1, of the Hochschulrahmengesetz the provisions taken for officials at universities in particular remuneration orders of the State pay laws or corresponding regulations within the salary orders A transitional next. You must not be modified in favour of civil servants.
(2) for civil servants, which covered by the regulations referred to in paragraph 1 shall be and not in an Office of the Federal salary order C or in an Office of the Federal salary order A transferred or taken over, continue to apply the provisions referred to in paragraph 1 without the time limit of in paragraph 1 (in the future falling away offices).

§ 2 transfer in the federal pay order (C) (1) for the salary-legal classification of officials to transfer the legal position of professors or to apply the following special provisions shall apply.
(2) that in accordance with article 75, paragraph 2 and 3 of the Hochschulrahmengesetz in the legal status of professors to transfer or to apply officers are classified by the State laws to be adopted pursuant to article 72 (1) of the Act referred to according to following principles: a) as Professor in the grade C 4 professors at universities (except for universities of applied sciences) or corresponding facilities in grades, whose Grundgehälter are at least those of grades A-16 , Professors at universities (except for universities of applied sciences) or facilities, which include a special salary or a pension enabled grant to the basic salary and thus exceed the final basic salary of the grade A 15 under applicable law, professors who are retirement-eligible and belong to a grade, which Grundgehälter correspond at least to that of the grade A 15, directors of art schools in grades, which Grundgehälter correspond at least to that of grades A-16;
(b) as Professor in the grade C 3 the following officials for life: Divisional Directors (professors) and Department head (and professors), as far as her grades are in their Grundgehälter at least to that of grades A-15 correspond to scientific councils (and professors), insofar as they are in grades, which Grundgehälter correspond at least to that of A 15 grades, professors at universities (except for universities of applied sciences), as far as she grades are in , whose salaries correspond to at least the grade A 15, and not a covered by letter;
(c) as Professor in grade C 2 as far as them not covered following officials for life, by letter a or b: Department head (and professors), scientific councils (and professors), professors at universities (except for universities of applied sciences), lecturers at universities (except for universities of applied sciences) or related equipment.
(3) be referred to officials in the Office of Professor taken over, they are classified as follows: a) physicians senior in grade C 3, physicians, lecturers at universities in the position of extraordinary Professor;
b) at most in the grade C 3 other officials in grades, which Grundgehälter correspond at least to that of grades A-15;
(c) in accordance with proper assessment in grade C 2 or C 3 that not under letters a and b designated officials; the classification in grade C 3 may only be made as far as this to not exceed the limits referred to in section 35 of the federal pay law.

Article 3 transfer of scientific and artistic staff will be civil servants on the basis of article 75 para 8 of the Hochschulrahmengesetz in offices as a scientific or artistic staff transferred, so they are the grade of their previous duties according to and in compliance with its acquis in the Office of Academic Council, academic Richard, academic director or senior academic Director to take over.

Section 4 transitional provisions for the transfer in the Federal Besoldung regulations C.
(1) at regulated federally recognized or approved universities, whose personal stands, in the service of the Federation shall after July 1, 1978, at the universities of countries may after the entry into force according to section 2 paragraph 2 taken State control to perceive civil servants, the tasks as professors, as assistants or as scientific or artistic staff, another one no longer transmitted in the Federal grade order of C, or as one of the offices referred to in article 3. Sentence 1 shall not apply to teachers for special tasks and not for promotions to posts of at grade A (2) masters, where the percentages of 35 par. 1 of the federal salaries act as a result of the transfer of officials according to the principles of article 2 are exceeded, may bring up to achieve the percentages-new positions for professors in the way only 14, that of these posts no more than 50 per cent grades C 4 and C 3 , grade C 4 a maximum 30 per cent, will be assigned to.
(3) service men, which exceeded the percentage of 35 paragraph 2 of the federal salaries act as a result of the transfer of officials according to the principles of in article 2, may bring up to the achievement of the reduced new posts for professors only in the way that these posts of grade C 3 not more than 30 per cent are assigned by.
(4) professors of grade C 4, which receive a subsidy, according to § 5 ABS. 4 as grant within the meaning of paragraph 2 (special grant) of the introductory remarks to the Federal salary order C, be with their place on the in number 2 para 2 sentence 1 of the preliminary remarks referred percentage and with their special subsidy up to in note No. 2 para. 2 sentence 2 mentioned amount on the designated thereon total amount of subsidies applied , if the total amount of their subsidies after number 1 and number 2 of introductory remarks the difference referred to in point 1 para 1 sentence 1 of the preliminary exceeds. As far as more than 13 per cent of the total number of posts of grade C 4 as grant position in claim are taken by the imputation of such positions (Überleitungssonderzuschußplanstellen) with an employer, the employer for the new special financing can posts in the amount of up to 7 per cent of the total number of grade C 4 in accordance with article 2, paragraph 2 are arranged officials available; the total amount within the meaning of point 2 para 2 sentence 2 of the introduction increases accordingly. By the free Überleitungssonderzuschußplanstellen any third position for the new grant a special claim, is possible as long as the limit of 13 per cent pursuant to sentence 2 is exceeded, still it is considered to be the Überleitungssonderzuschußplanstelle.
(5) Studienprofessoren H grade 3 of the salaries Act for the land North Rhine-Westphalia applies to section 2 paragraph 2 letter b. derogation of § 2 para 2 scientific directors and professors who were members of North Rhine-Westphalia, prior to July 1, 1970 as academic head of Department and professors of grade H 3 of the salary law for the country may be classified in grade C 4, insofar as this does not exceed the percentages referred to in section 35, paragraph 1, of the federal pay law.
(6) for professors at the educational College in Rhineland-Palatinate, as well as for the professors at the University of Bremen, on the basis of article 3 No. 3 of the Act on the amendment of beamtenrechtlicher and pay legal rules from April 27, 1971 (brem. GBL. p. 117) have been transferred in the legal status of professors, is to apply section 2 paragraph 2 2(a), third case group, with the proviso that grade A 16 takes the place of the grade A 15.

Article 5 preservation of the acquis (1) for the preservation of the acquis of the officials placed according to the provisions of section 2 in the grades of C 3, C 4 and C 2, as well as for civil servants acquired as a College Assistant the following special provisions apply.
(2) the teachers of grades C 3, C 4 and C 2 are classified according to their grade seniority in the seniority. Professors of grade C 4, which advance has been granted under previous national rules of service age supplement if applicable will be queued in the step, which, measured on the number of service age supplement if applicable - has the same distance of the final basic salary as their previous salary. the dates of the upgrade in the steps to the final basic salary remain unchanged. A special basic salary is equivalent to the granting of the final basic salary of the concerned grade through the preferential granting of service age supplement if applicable according to existing national regulations.
(3) professors of the grades 3 and C 2, the new salary is lower than the total amount of basic salary, make allowance and monthly amount of Kolleggeldpauschales, who each had granted them by the remaining in their previous Office, receive a pension ineligible compensatory allowance in the amount of the respective amount of the difference; the compensatory allowance is pension able insofar as it serves of the basic salary or a pension enabled make allowance to compensate. Sentence 1 shall apply mutatis mutandis for assistants. The flat-rate compensation granted under another name considered College allowance for the teaching. As far as professors have so far received a tuition money in place of the Kolleggeldpauschales, he appears in the last twelve months prior to July 1, 1978, on a monthly average share in the place of the monthly amount of the Kolleggeldpauschales.
(4) professors of grade C 4, their new base salary is lower than the total amount of basic salary (or special salary), grant to complement the basic salary and monthly amount of Kolleggeldpauschales, who recently confessed to them in their previous Office, taking into account paragraph 2 will receive the difference as grant according to points 1 and 2 of the introduction to the Federal Besoldung regulations C. The difference applies a) as pension-capable grant within the meaning of paragraph 2 (special grant) of the remarks referred to in sentence 1, as far as the new base salary is lower than the pension-eligible proportion of the total amount referred to in sentence 1. thereby, the monthly amount of the Kolleggeldpauschales in the amount of $ $250 is considered capable of pension;
b) the in clause 1 preliminary remarks called subsidy within the meaning of point 1 aa) up to the amount of the difference between the final basic salary of grade C 4 and the salary of grade B 5, if the remuneration on the basis of an appeal by a post for full professors in a position for full professors or due to a stay hearing to avert such appeal have been increased , or bb) up to the amount of the difference between the final basic salary of grade C 4 and the salary of grade B 7, if the remuneration on the basis of an and at least one other appeal or stay proceedings in the sense of the letter aa; been increased
(c) in the other as not pension able grant within the meaning of paragraph 2 (special grant) set 1 preliminary remarks referred to in the. As far as the amount of this grant and the grant exceeds the maximum amount of the grant referred to in a number 2 of the remarks referred to in sentence 1, the difference is considered grant within the meaning of number 1 of this before you begin.
Sentence 2 is letter a, who had not the legal status of ordinary Professor, apply mutatis mutandis to officials within the meaning of § 2 para 2.
(5) from a private employment relationship in a civil servant of the Bundeswehr universities apply acquired professors and assistants to paragraphs 2, 3 and 4.
Here, professors of grade receive C 4, the new salary is lower than the previous base salary, a pension-enabled compensatory payment in the amount of the difference between the previous basic pay and the new salary. The total amount of compensatory allowances and subsidies granted in the future after the preliminary number 1 and number 2 to the Federal salary order C must not exceed the sum of the maximum amounts referred to in these two provisions.
Type XI final provisions section 1 - section 2 Berlin clause this law applies in accordance with § 13 ABS. 1 of the third of transfer Act of January 4, 1952 (Bundesgesetzbl. I p. 1) also in the Federal State of Berlin. Regulations, which are adopted on the basis of this Act, apply in the Federal State of Berlin according to § 14 of the third of transfer Act.

Article 3 entry into force (1) this law into force on July 1, 1975, unless other paragraphs 2 and 3.
(2) by way of derogation from paragraph 1 enter into force: 1st article I article 73, article III § 1, article IX section 3 para 2 with effect from 1 January 1974;
2. Article I sections 76, 77 with effect from January 1, 1975;
3. Article I annex I preliminary note No. 8 to the Federal salary code A and B on the 1st January 1977 (3)