Regulation Over Foreign Separation Money

Original Language Title: Verordnung über das Auslandstrennungsgeld

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Regulation on the International Monetary Fund (ATGV)

Non-official table of contents

ATGV

Date of expend: 04.05.1991

Full quote:

" International Monetary Regulation in the version of the notice of 22. January 1998 (BGBl. 189), as last amended by Article 15 (41) of the Law of 5. February 2009 (BGBl. I p. 160) has been changed "

:Recaught by Bek. v. 22.1.1998 I 189;
Last modified by Art. 15 para. 41 G v. 5.2.2009 I 160

For details, see Notes

Footnote

(+ + + Text evidence from: 1.7.1990 + + +) for more details on the stand. name="BJNR010810991BJNE000207310 " />Non-official table of contents

§ 1 Scope of application, purpose specification

(1) Claims for foreign currency are incurred due to dislocations, Measures of the same kind (Section 3 (2) of the Federal Law on the Law of the Federal Republic of Germany) and secondment from Germany to foreign countries, foreign countries and foreign countries, as well as non-payment of relocation costs for recruitment to foreign and foreign countries in the case of temporary employment or temporary importation at the place of recruitment. The order is equal to
1.
the commander,
2.
the temporary assignment for service reasons to another part of the employment authority in a place other than the previous service,
3.
the removal of the order or commander after a move with the repayment of the relocation cost,
4.
the temporary service at a different location than a service point and
5.
Assignment to take office in special cases (Section 29 of the Federal Civil Service Act).
(2) The foreign separation allowance shall be subject to necessary expenses for separate financial management at the previous place of residence on the occasion of transfers or secondments a place other than the previous service or place of residence, taking into account domestic saving.(3) International payment shall only be granted if, in the case of measures pursuant to paragraph 1, the new place of employment is different from that of the previous place of employment and the dwelling is not situated in the catchment area (Section 3 (1) (c) of the Federal Covenant Cost Act).(4) In the event that the person entitled to pay is irrevocably on the pledge of the repayment of the repayment and is not required for service reasons, only travel allowances in accordance with § 13 shall be paid for a maximum of one year in the form of a foreign separation allowance. unofficial table of contents

§ 2 Authorized

(1) Calculated are
1.
Federal Officials,
2.
Bundesdienst Richter,
3.
Professional soldiers and soldiers on time and
4.
officials seconded to the Federal Service, and Judges.
(2) Calculated are not
1.
Officials working at the border traffic in accordance with Section 1 (1), in the field of foreign local border authorities, between such areas and between these and the national territory,
2.
honorary officials and
3.
volunteer judges.
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§ 3 Types of Foreign Separation Money

As a foreign currency payment is paid:
1.
Compensation for separate Financial management (§ § 6 to 8, 10),
2.
Compensation for daily return to residence (§ 11),
3.
Compensation if no foreign service remuneration is paid (§ 12 para. 7),
4.
Travel aids for Home trips (§ 13),
5.
Compensation in individual cases for security reasons or due to other exceptional circumstances abroad (foreign separation money in German) Crisis cases; § 12 (8).
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§ 4 Compensation for separate financial management

(1) The foreign separation allowance according to § § 6 to 8 and 10 shall be paid if the beneficiary
1.
with his spouse, life partner or Children are living in a domestic community or
2.
with other relatives up to the fourth grade, a second grade, a foster child, or Care parents living in a domestic community living and giving them out of legal or moral obligation-not only temporarily-accommodation and maintenance wholly or predominantly granted or
3.
living with a person in a domestic community, whose help he or she is based on professional or medical certificate for health reasons-not only temporarily- requires,
and separate household. § 8 (3) and (4) and Section 12 (7) shall remain unaffected.(2) If the repayment of expenses (§ § 3 and 4 of the Federal Covenant Covenant Act) is promised, the foreign separation allowance shall be paid in accordance with § § 6 to 8 only if the conditions of § 5 are fulfilled. Non-official table of contents

§ 5 International separation allowance after payment of the relocation cost compensation

(1) After acceptance of the relocation cost compensation (§ § 3 and 4 of the Federal Law on the Law of the Federal Republic of Germany) shall be paid only if and as long as the beneficiary is entitled
1.
since the date of the confirmation of the commitment or, if it is more favourable to it, the service measure according to § 1 paragraph 1 is unconditionable and
2.
temporarily unable to move due to lack of accommodation in the new place of service, including the catchment area, or for compelling personal reasons.
The person entitled to do so is , under the use of any given opportunity, it is proven that they are constantly striving for an apartment. The move must not be delayed by undue claims to the apartment or for other non-compelling reasons.(2) After revocation of the pledge of the relocation cost compensation, no foreign separation allowance may be paid if, at the time of the announcement of the revocation, the conditions for the payment of the foreign separation payment pursuant to paragraph 1 were not fulfilled or have fallen away.(3) The provisions of paragraphs 1 and 2 shall not apply if the removal of expenses is paid in accordance with Section 17 of the Ordinance on International Costing. Non-official table of contents

§ 6 Translations and secondments from home to foreign countries

(1) In the case of transfers and secondments from the national territory to the foreign country The payment of foreign currency in the amount of the rates of the separation allowance is paid in accordance with § 3 para. 3 sentence 2 to 4 of the Separation Money Regulation; § 4 (5) of the Separation Money Ordinance applies.(2) After the previous dwelling has been cleared, the foreign separation allowance in accordance with paragraph 1 shall also be paid if the persons belonging to the domestic community of the entitled person (§ 4 (1) sentence 1) are paid in a place other than the new place of employment, including A catchment area for a fee or an apartment belonging to them or a person entitled to the right of residence temporarily refer to the accommodation. If the accommodation is free of charge, the foreign separation allowance shall be reduced by half in accordance with paragraph 1. These claims exclude benefits according to § 4 (5) and (6) of the Ordinance on Foreign Costing.(3) In the case of persons who have been transferred or seconded to the territory of Germany and are entitled to the foreign separation allowance in accordance with § 8 (3) or (4), a further expulsion or secondment abroad shall be replaced by the foreign separation allowance in accordance with § 8 (3) or (4). The foreign separation allowance referred to in paragraph 1 shall be paid. In addition, the difference between the rent for the accommodation in Germany and 18 of the hundreds of the sum of the basic salary, the family supplement of the level 1, the official, job and compensatory allowances may be reimbursed. Section 12 (3) shall apply.(4) In the case of persons who have been transferred or seconded to the territory of the Federal Republic of Germany who are entitled to a foreign exchange allowance in accordance with § 8 (1) or (2), a renewed transfer or secondment to another country shall be made subject to a pledge of repayment of costs instead of the severance payment pursuant to § 8 (1) and 2 (2) of the foreign separation allowance pursuant to § 7. Section 12 (3) shall apply. Non-official table of contents

§ 7 Translations and secondments abroad

(1) In the case of dislocations and secondments abroad, foreign separation money shall be included in The amount of the rates of the separation allowance pursuant to § 3 (3) sentence 2 to 4 of the Separation Money Ordinance is paid; § 4 (5) of the Separation Money Ordinance applies.(2) After eviction of the previous dwelling, foreign separation money shall be paid in the amount of the amount which would be granted to the person entitled under Section 3 of the separation money ordinance if the persons belonging to his domestic community (§ 4 para. 1) are neither at the include accommodation in the catchment area (Section 3 (1) (c) of the Federal Law on the Law of the Federal Enforcement Costs). Non-official table of contents

§ 8 Translations and secondments from abroad to the national territory

(1) In the case of transfers and secondments from abroad to the national territory The payment of foreign currency in the amount of the rates of the separation allowance is paid in accordance with § 3 para. 3 sentence 2 to 4 of the Separation Money Regulation; § 4 (5) of the Separation Money Ordinance applies.(2) In the event of a commitment of the relocation cost compensation, the international separation allowance shall be paid in accordance with paragraph 1 if and as long as the persons referred to in § 4 (1) sentence 1 remain in the previous place of employment, because
1.
The owner is prevented from moving because of a lack of housing at the new place of service or
2.
compelling personal reasons (§ 12 (3) of the Federal Law on Relocation Costs).
If there is a lack of housing, the foreign separation allowance shall be subject to the following conditions: However, paragraph 1 shall, at the latest, be granted up to the last day of the third calendar month following the departure of the beneficiary.(3) In the event of a lack of housing beyond the period referred to in the second sentence of paragraph 2, the severing allowance referred to in paragraph 1 shall be increased by 50 per cent for a person referred to in § 4 (1) sentence 1 (1) to (3) and by 10 for each other person referred to in paragraph 2. of the hundred as long as it is included in the apartment. It is increased by a further 10 per cent for domestic workers, for which the costs of the transfer travel are reimbursed or which are included in the apartment as a substitute for a domestic worker who has not been returned to the home country.(4) Authorised persons who had an apartment within the meaning of Section 10 (3) of the Federal Covenant of Covenant Covenant on the previous place of employment in another country shall be entitled to the residence of the new home in the new place of residence until the absence of the housing shortage at the new home National service location special foreign separation allowance in the amount of the separation allowance in accordance with § 3 of the Ordinance on Separation Money. The first sentence of paragraph 3 shall apply in accordance with the provisions of paragraph 3 above. Day-to-day payment. The payment is also available if both spouses or life partners are transferred or seconded from abroad at the same time as foreign currency. In this case, the payment, including the rates of increase referred to in the second sentence of paragraph 3, shall only be made to a spouse or a life partner. The special foreign separation allowance is also paid to sole beneficiaries, namely in the amount of the separation allowance in accordance with § 3 (3) sentence 1 of the separation money ordinance. unofficial table of contents

§ 9

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§ 10 Anticipation Moves

If a move, which is promised for the removal of the removal costs, is carried out on the occasion of a measure pursuant to § 1 (1) before they become effective, the foreign separation allowance shall be made in accordance with § 6 (1), § 7 (1) or § 8 (1) until the end of the day of the termination of the service entry, but at the latest for three months. Non-official table of contents

§ 11 Compensation for daily return to residence

(1) On a daily return to the place of residence, the reimbursement of travel expenses, Pay-out or take-off compensation as paid on business trips. For days with more than 11 hours absence from the apartment, a pledge is paid; for service shifts over two days, the absence period for each shift is calculated separately. The pledge is 4 Deutsche Mark, in the case of beneficiaries who have an apartment within the meaning of Article 10 (3) of the Federal Covenant of Law or with a person referred to in § 4 (1) sentence 1, living in a domestic community, 5 Deutsche Mark daily. The compensation in accordance with sentences 1 to 3 may not exceed the amount due in accordance with § 6 (1), § 7 (1) or § 8 (1).(2) Authorized persons who do not return to the place of residence on a daily basis, although this is reasonable, shall receive a remuneration as with a daily return to the place of residence. The daily return to the place of residence is usually not reasonable if, when using regular means of transport, the absence of the apartment for more than 12 hours or the time required for the return of the route between the apartment is not reasonable. and service facility and back more than 3 hours.(3) Muß the person entitled to stay at the place of service for official reasons shall be reimbursed for the necessary additional expenses. Non-official table of contents

§ 12 International separation allowance in special cases

(1) If both spouses or life partners are entitled to a foreign separation allowance, in accordance with the provisions of this Regulation, no payment shall be paid to the international payment for a period of time pursuant to Sections 6 to 8 (1) and (2) and (10). Sentence 1 shall not apply if third persons within the meaning of section 4 (1) sentence 1 remain in the previous dwelling; in this case, a spouse receives, in the case of different salaries, the one with the higher, the foreign separation allowance according to § § 6 to 8 or 10. If the spouse or life partner of the beneficiary is entitled to a separation allowance in accordance with § 3 of the separation money ordinance or a corresponding compensation in accordance with the regulations of another service representative, the sentences 1 and 2 shall apply accordingly.(2) In the case of transfers and secondments at the same place of employment, foreign separation money shall be further paid.(3) In the case of a new official measure pursuant to § 1 (1) and the abolition of the secondment, the beneficiaries shall be reimbursed for the accommodation in the previous place of employment at the latest until the date on which the rental ratio is at the earliest. can be solved.(4) The retroactive effect of the instruction in a post office or the classification of offices and grades shall not be taken into account.(5) If a person entitled to a foreign currency is prohibited from conducting his or her business operations, he or she shall be prohibited from exercising his or her duties as a result of measures to be taken by law or by deprivation of liberty in the exercise of a law. of its service, the period of interruption of the service may be reduced or the payment of its payment may be terminated. This does not apply if it remains on the ground of service on the basis of service.(6) For a period for which there is no entitlement to remuneration, no foreign separation money shall be paid.(7) In the case of secondment from Germany to foreign countries and abroad, for which no international service remuneration (§ 52 of the Bundesbesoldungsgesetz) is available, the same remuneration shall be paid as a foreign service fee as in the case of international service trips; § § 4 to 7 shall be found to the extent that no application.(8) The supreme service authority shall, in accordance with the provisions of this Regulation, determine the foreign separation allowance on a case-by-case basis, if, for security reasons or because of other exceptional circumstances abroad, other than in § 1 (1) (b) called service measures or measures relating to persons residing in the household of the authorized person within the meaning of section 4 (1) sentence 1 are required and therefore additional expenses within the meaning of section 1 (2) are to be incurred. If measures according to the first sentence are required for a place of service on which a diplomatic mission is located, the Federal Foreign Office shall determine the foreign separation allowance for all the beneficiaries working in that place of employment and those affected by the measure. Non-official table of contents

§ 13 Travel allowances for home trips

(1) A person entitled to pay the international separation allowance in accordance with § § 6 to 8 and 10 , a travel allowance for home trips is granted for three months of separation. In special cases, the supreme service authority may set the claim period to two months each; this shall apply mutamatters to the cases of section 12 (7). Other eligible persons who have not been promised unrestricted compensation in accordance with § § 3 and 4 of the Federal Covenant of Covenant Covenant may, in particular, taking into account the specificities of the duty station and the the personal situation of the travel aid referred to in sentences 1 and 2.(2) The period of entitlement shall begin with the first day for which the foreign separation allowance is granted.(3) The journey may be taken at the earliest one month after the beginning of the claim period or after the expiry of the periods referred to in paragraph 1 for which travel aid has already been paid. The entitlement to travel aid may be transferred to the next period of entitlement. The period of entitlement shall not be interrupted by a new service measure pursuant to § 1 (1).(4) Where the person entitled is resident in the place of residence during the course of the service and the cost of the journey from the place of business to the place of residence has been reimbursed or a subsidy has been paid or was carried free of charge and the person concerned has been entitled to The period of entitlement shall begin with the day of return to the place of employment, not a journey as referred to in paragraph 1 or a journey of home leave. This applies accordingly to a housing tour trip to the new place of employment within the meaning of section 4 (4) of the Ordinance on International Costing.(5) A journey of the persons referred to in § 4 (1) sentence 1 may also be taken into consideration in place of a travel of the person entitled. Recipients of a foreign use surcharge in accordance with § 58a of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), which are used in floating associations, and recipients of a foreign surcharge according to § 55 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) at least level 10, which is based on the a decision by the top service authority, for compelling service reasons, cannot be granted a journey home pursuant to paragraph 1, travel allowances may be granted in accordance with the principles set out in paragraph 6 for a journey for them and those referred to in Article 4 (1) (1) (1) of the Treaty shall be granted to a place designated by the supreme service authority. Paragraph 3 shall apply accordingly.(6) In the form of travel aid, the necessary travel costs incurred between the new place of service and the place of residence of the persons referred to in Article 4 (1), first sentence, shall be the shortest route to the cheapest ticket of the generally lowest class. of a regular transport vehicle. In this cost framework, travel allowance shall also be paid to the holiday destination of the persons referred to in § 4 (1) sentence 1. Possible fare reductions must be taken into account. To the extent that service means of transport can be used free of charge, travel expenses shall not be reimbursed. Non-official table of contents

§ 14 Special provisions when you stay out

(1) For full calendar days
1.
the absence of the new place of service and the location of the service pursuant to § 1 para. 1 accommodation,
2.
of the stay in a hospital, a sanatorium treatment or a healing cure,
3.
the employment bans according to the mutterschutzregulatory provisions
will not be granted an international separation allowance in accordance with § § 6 to 8 and 10, unless the non-grant is due to special conditions would be uninexpensive.(2) Paragraph 1 shall not apply in cases in which the foreign separation allowance is paid in accordance with Article 8 (3) and (4). Non-official table of contents

§ 15 Payment rules

(1) International separation allowance is in principle from days after the day of termination of the Service entry to the new place of employment up to the date on which the relevant conditions are to be eliminated. In the case of transfers and secondments from abroad to the national territory, the foreign separation allowance shall be paid with the date of commencement of the service entry journey, but at the latest for a period of time for the timely implementation of the journey It would have been necessary to pay foreign services only up to the day before departure from the foreign service (Section 52 (2) of the Bundesbesoldungsgesetz). This also applies to the duration of the return journey to the old place of service on the occasion of the cancellation of the secondment from abroad to the national territory. For the duration of the return journey after the termination of the secondment abroad, this only applies in cases where a higher rent allowance according to § 54 of the Federal Remuneration Act was not paid in relation to the old service location.(2) If the entitlement to the international separation allowance does not apply for a full calendar month, only the part which is not covered by the claim period shall be paid unless otherwise provided in this Regulation.(3) If, in the case of a new service measure within the meaning of section 1, paragraph 1, the place of service is left prematurely, the foreign separation allowance shall be paid up to the day on which the place of service is left, in the case of payment of travel expenses for that day to the date of the payment of the service. previous day. Section 12 (3) shall apply. If the previous place of service cannot be left due to illness, the foreign separation allowance will be paid until the day before the day on which the place of employment could have been left. The first sentence shall apply at the end of the service relationship.(4) If, in the case of illness, the service is not included within three months, and if the disobetic is determined to be able to return to the place of residence, the payment of international payment shall be paid up to the date on which the place of employment would have been paid. can be abandoned. The necessary travel costs will be reimbursed up to the cost of the journey to the place of residence and back as with a business trip. This is also true in the case of a ban on employment under the maternity protection regulation for civil servants. The additional costs for the accommodation at the place of employment shall be reimbursed in accordance with § 12 para. 3.(5) In the event of a move with a pledge of the relocation cost compensation, the payment of foreign currency shall be paid at the most up to the day of the invitation of the goods to be transferred; to the place of the day of the invitation of the goods to be transferred shall take place in the case of a repayment of the removal costs in accordance with § 17 of the The date on which a person belonging to the household belongs to the domestic community is a Regulation on the International Costing of Foreign Costate. In the cases of Section 6 (2) and Section 8 (2), first sentence, No. 1, foreign separation shall be paid at the latest until the date of leave of the accommodation.(6) The claim in accordance with § 8 (3) shall end on the day before the receipt of the apartment or the possibility of receipt of the apartment.(7) Changes to the new place of service for a period of not more than 12 months for a separation-money-receiver in the country on the basis of a measure pursuant to § 1 (1) of the domestic territory of the country of the country to the new place of employment may be proven necessary costs for the stay of accommodation in the country shall be reimbursed if the person entitled to the accommodation is not to be assigned the task of the accommodation. Non-official table of contents

§ 16 Rules of Procedure

(1) The foreign separation allowance is within a time limit of two years at the time of the The Employment Authority shall apply in writing. The period begins with the date of the date of the service, with payment of travel expenses for that day with the following day.(2) The foreign separation allowance shall be paid on a monthly basis. An appropriate abatation may be paid on request. The supreme service authority can determine that the foreign separation allowance is pre-paid under reservation.(3) The beneficiary shall be obliged to notify without delay any changes which may be of importance for the payment of the foreign currency.(4) The supreme service authority shall designate the competent authority for the authorization and payment of the foreign separation allowance. Non-official table of contents

§ 17 Transitional provision

A foreign separation allowance pursuant to § 1 prior to the entry into force of this amending Regulation The second sentence of paragraph 3 shall be continued in accordance with the provisions of the previous rules. unofficial table of contents

§ 18 (entry into force, external force)

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