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Regulation on the Foreign Separation Allowance

Original Language Title: Verordnung über das Auslandstrennungsgeld

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Regulation on the International Monetary Fund (Foreign Separation Money Regulation-ATGV)

Unofficial table of contents

ATGV

Date of completion: 04.05.1991

Full quote:

" Regulation of the International Monetary Fund 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). 160) has been amended "

Status: New by Bek. v. 22.1.1998 I 189;
Last amended by Art. 15 para. 41 G v. 5.2.2009 I 160

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.7.1990 + + +) Unofficial table of contents

§ 1 Scope, Purpose

(1) Claims to be paid abroad are the result of transfers, the same measures (Section 3 (2) of the Federal Covenant Covenant Act) and secondments from Germany to foreign countries, abroad and from abroad to the domestic and non-domestic countries. A commitment of the relocation cost compensation in the case of recruitment abroad and abroad for a temporary period of service or for temporary use in the place of employment. The secondhand is the same
1.
the commanders,
2.
the temporary allocation, for service reasons, to another part of the employment authority in a place other than the place of employment so far,
3.
the removal of the secondment or the commendation after a move with a pledge of the relocation fee,
4.
temporary employment in the case of a service other than a service; and
5.
The assignment to take office in special cases (§ 29 of the Federal Civil Service Act).
(2) The foreign separation allowance shall be subject to the necessary expenses for separate financial management at the previous place of residence on the occasion of transfers or secondments to a place other than the previous service or place of residence, taking into account the (3) International separation allowance is only granted if, in the case of measures referred to in paragraph 1, the new place of employment is different from that of the previous place of employment and the dwelling is not in the catchment area (Article 3 (1) (1) (c) of the (4) The beneficiary irrevocably renounced the pledge of the Relocation costs and, for official reasons, a move is not required, only travel allowances according to § 13 will be paid for a maximum of one year in the form of a foreign separation allowance. Unofficial table of contents

§ 2 Authorised

(1) Computed
1.
Federal Officials,
2.
Judge in the Federal Service,
3.
Occupational soldiers and soldiers on time and
4.
Officials and judges seconded to the Federal Service.
(2) Calculated shall not be
1.
civil servants working in the field of border traffic according to Article 1 (1) in the field of foreign local border authorities, between such areas and between those authorities and the national territory,
2.
Honorary officials and
3.
Honorary judges.
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§ 3 Types of foreign separation

The following shall be paid as a foreign currency:
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 (Section 12 (7)),
4.
Travel allowances for home journeys (§ 13),
5.
Compensation on a case-by-case basis for security reasons or because of other exceptional circumstances abroad (foreign travel allowance in crisis situations; § 12 para. 8).
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§ 4 Compensation for separate financial management

(1) The foreign separation allowance in accordance with § § 6 to 8 and 10 shall be paid if the person entitled to
1.
with his spouse, life partner or unmarried children living in a domestic community, or
2.
with other relatives up to the fourth grade, a second grade, a foster child or foster parents living in a domestic community, and from legal or moral obligation-not only temporary accommodation and subsisting in whole or in part, or
3.
lives with a person in a domestic community whose help he/she needs for health reasons, not only temporarily, for health reasons,
and separate budget. § 8 (3) and (4) and § 12 (7) shall remain unaffected. (2) If the repayment of expenses (§ § 3 and 4 of the Federal Covenant of Covenant of Law) is promised, the foreign separation allowance shall be paid in accordance with § § 6 to 8 only if the conditions of § 5 are fulfilled. Unofficial table of contents

§ 5 International separation allowance after acceptance of the repayment of the costs of the relocation

(1) According to the repayment of the removal costs (§ § 3 and 4 of the Federal Covenant of Covenant Covenant), foreign separation money is paid only if and as long as the person entitled to the repayment of the costs is paid.
1.
since the date of the acquisition of the undertaking or, if it is more favourable to it, the official measure pursuant to section 1 (1) of the undertaking is unreserved; and
2.
due to lack of housing in the new place of employment, including the catchment area, or for compelling personal reasons, cannot be temporarily changed.
The authorized person shall be obliged to continue his efforts to make an apartment, taking advantage of all the opportunities offered. The move must not be delayed due to undue claims to the apartment or for other non-compelling reasons. (2) After revocation of the pledge of the relocation cost compensation may not be paid foreign separation money if at the time of the (3) Paragraphs 1 and 2 shall not apply if the repayment of the removal costs according to § 17 of the Ordinance on the Foreign Relocation of the Foreign Office (International Costing of the Foreign Office) is paid. Unofficial table of contents

§ 6 Translations and secondments from home to foreign countries

(1) In the case of transfers and secondments from the domestic country to another country, foreign separation money shall be paid in the amount of the rates of the separation allowance pursuant to § 3 (3) sentence 2 to 4 of the separation money regulation; § 4 (5) of the Separation Money Ordinance finds Application. (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 to be paid to a person other than the new service , including catchment area, accommodation against payment or any of them or the eligible person Apartment temporarily refer to. 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) Replaced or seconded beneficiaries who receive the foreign separation allowance pursuant to § 8 (3) or (4) shall be relocated or secondment to foreign countries instead of the foreign separation allowance in accordance with Article 8 (3) or (4) of the international separation allowance pursuant to paragraph 1. 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. § 12 (3) applies. (4) Beneficiaries who have been transferred or seconded to the territory of Germany who receive the foreign separation allowance in accordance with § 8 (1) or (2) shall be refunded or seconded abroad with a pledge of repayment of the costs of the removal of the goods instead of the severance payment in accordance with § 8 (1) and (2) of the International Separation Allowance according to § 7. Section 12 (3) shall apply. Unofficial table of contents

§ 7 Translations and secondments abroad

(1) In the case of transfers and secondments abroad, foreign separation money shall be paid in the amount of the rates of the separation allowance pursuant to § 3 (3) sentence 2 to 4 of the Separation Money Regulation; § 4 (5) of the Separation Money Regulation shall apply. (2) After Clearance of the previous dwelling shall be paid in the amount of the amount of the amount of the amount which would be granted to the person entitled under Section 3 of the Regulation on the separation of goods if the persons belonging to his/her domestic community (§ 4 (1)) do not have the previous Place of service still in the catchment area (Section 3 (1) (1) (c) of the Federal Law on the Cost of Enforcement) refer to accommodation. Unofficial 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, foreign separation money shall be paid in the amount of the rates of the separation allowance pursuant to § 3 (3) sentence 2 to 4 of the separation money regulation; § 4 (5) of the Separation Money Ordinance finds Application. (2) If the relocation fee is committed, the foreign 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 beneficiary is prevented from moving due to a lack of housing in the new place of employment, or
2.
compelling reasons (§ 12 (3) of the Federal Law on Covenant Covenants) are available.
However, in the case of a lack of housing, the foreign separation allowance referred to in paragraph 1 shall be granted until the last day of the third calendar month following the date of departure of the beneficiary. (3) The lack of housing shall be extended to cover the period referred to in the second sentence of paragraph 2. In addition, the separation 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 of the hundred for each other person mentioned there, provided that the person is admitted to 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 abroad. (4) have had an apartment within the meaning of Section 10 (3) of the Federal Law on the Law of the Federal Republic of Germany (Bundesumtraction Cost Act) to the previous place of residence, shall be granted the residence at the previous foreign place of residence until the absence of the housing shortage in the new domestic service location Special foreign exchange allowance in the amount of the separation allowance in accordance with § 3 of the separation money ordinance . 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 Ordinance on Separation Money. Unofficial table of contents

§ 9

(dropped) Unofficial table of contents

§ 10 Anticipation Moves

If a move, which is promised for the removal of the fee, is carried out on the occasion of a measure pursuant to § 1 (1) before they become effective, the foreign separation allowance shall be granted in accordance with Section 6 (1), Section 7 (1) or Section 8 (1) until the end of the day of the termination of the Service entry, but at the latest for three months. Unofficial 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, travel expenses or compensation for passengers shall be paid as in the case of 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 pursuant to § 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, will receive a remuneration as in the case of 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. (3) Muß the person entitled to stay at the place of service for official reasons shall be reimbursed for the necessary additional expenses. Unofficial table of contents

§ 12 International separation allowance in special cases

(1) If both spouses or life partners are entitled to the foreign separation allowance under this Regulation, the foreign separation allowance shall not be paid in accordance with § § 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 authorized separation allowance is entitled to compensation 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 Dislocations and secondments at the same place of work shall be paid for. (3) In the event of a new official measure pursuant to § 1 (1) and the removal of the secondment, the beneficiaries shall be entitled to the expenses for the accommodation on the Up to the date of the tenancy to the point in time at which the rental agreement (4) The retroactive effect of the instruction in a post office or the classification of offices and grades is not taken into account. (5) If a person entitled to a foreign separation allowance is responsible for the management of his or her own He shall be prohibited from doing business or is prevented from exercising his duties as a result of measures taken by the disciplinary law or by a deprivation of liberty ordered by a law, and may, for the duration of the interruption, Foreign separation money is reduced or its payment is discontinued. This does not apply if it remains at the place of employment on the basis of service instruction. (6) For a period for which there is no entitlement to remuneration, no international payment is paid. (7) In the case of secondment from the domestic country to foreign countries and abroad, to the No foreign service references (§ 52 of the Bundesbesoldungsgesetz) are entitled to the same remuneration as foreign service fees as in the case of foreign service trips; § § 4 to 7 shall not apply in this respect. (8) The supreme service authority shall determine in the application of the provisions of this Regulation in accordance with Foreign separation allowance in individual cases, if, for security reasons or because of other exceptional circumstances abroad, other services other than those referred to in § 1 (1) (1) or measures which reside in the household of the person concerned Persons within the meaning of Section 4 (1) sentence 1 are required and therefore additional expenses within the meaning of § 1 paragraph 2 arise. 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. Unofficial table of contents

Section 13 Travel aid for home trips

(1) A person entitled to be paid the foreign separation allowance in accordance with § § 6 to 8 and 10 shall receive a travel allowance for home trips 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 Covenant Act may, in particular, taking into account the specificities of the duty station and the (2) The period of eligibility begins with the first day for which the international award is granted. (3) The journey may not be less than one month after the beginning of the period of validity of the travel allowance. the period referred to in paragraph 1 or after the expiry of the periods referred to in paragraph 1, for which a Travel aid has 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 official measure pursuant to § 1 (1). (4) If the person entitled to stay in the place of residence during the official measure, he/she shall have the costs of the journey from the place of employment to the place of residence from the official residence. Where funds are reimbursed or a grant is paid or has been transported free of charge and is not a journey referred to in paragraph 1 or a leave of home leave, the period of eligibility shall begin with the day of return to the place of employment. This applies in accordance with the new place of service within the meaning of § 4 (4) of the Ordinance on Foreign Costing. (5) Instead of a trip by the person entitled, a journey of the persons referred to in § 4 (1) sentence 1 can also be used. shall be considered. 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. (6) The necessary travel expenses incurred between the new place of employment and the place of residence of the persons referred to in Article 4 (1), first sentence, shall be the shortest route up to the level of the cheapest ticket of the The general lowest class of a regular transport vehicle shall be reimbursed. 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. Unofficial table of contents

Section 14 Special provisions in the event of a consous failure

(1) For full calendar days
1.
the absence of the new place of employment and the place of accommodation referred to in Article 1 (1) on the basis of a service provision,
2.
of the stay in a hospital, a sanatorium treatment or a health cure,
3.
the prohibition of employment in accordance with the provisions of mutterprotection law
shall not be granted a foreign separation allowance in accordance with § § 6 to 8 and 10, unless the non-payment would be unwarranted due to special circumstances. (2) Paragraph 1 shall not apply in cases in which the foreign separation allowance is paid in accordance with Section 8 (3) and (4). Unofficial table of contents

Section 15 Payment requirements

(1) International payment shall be paid in principle from the day after the date of termination of the service entry to the new place of employment up to the date on which the relevant conditions are 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 service contracts 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 in which a higher rent allowance according to § 54 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) was not paid in relation to the old place of employment. (2) Consists of the right to No foreign payment for a full calendar month, only the part that is attributable to the claim period is paid unless otherwise specified in this Regulation. (3) If a new official measure is used in the sense of § 1 (1) (1) (1) Leave the place of employment prematurely, will be paid for foreign separation until the day on which the the place of service is to be left, in the case of payment of travel expenses for that day until the 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. Sentence 1 shall apply accordingly when the service is terminated. (4) If the service is received within three months, if the service is received, the return to the place of residence shall be presumed to be reasonable after the Dienstherrn has been established. Foreign separation allowance paid up to the day on which the place of employment could have been left. 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 continuing 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 repayment of the repayment of the goods, the payment of the foreign payment shall be paid at the latest until the day of the invitation of the goods to be moved; to the place The day of the day of the transfer of the goods to be taken out shall be the day of the transfer travel of a person belonging to the domestic community in the event of a repayment of expenses in accordance with Section 17 of the International Costing Cost Ordinance. In the cases of § 6 (2) and § 8 (2) sentence 1 no. 1, the foreign separation allowance is paid at the latest until the date of leaving the property. (6) The claim in accordance with § 8 para. 3 ends on the day before the receipt of the apartment or the possibility to refer to the accommodation. the apartment. (7) Changes to the new place of service for a period of not more than 12 months for a separating money receiver in the country on the basis of a measure in accordance with § 1 (1) of the domestic territory of the country of the country, can be provided with proven necessary costs for maintaining the Accommodation shall be reimbursed in the territory of the country if the person entitled to the accommodation is not responsible for the accommodation of the accommodation. Unofficial table of contents

Section 16 Rules of Procedure

(1) The foreign separation allowance shall be submitted to the Employment Authority in writing within a two-year decision-making period. The period begins with the date of commencing the service, in the case of payment of the travel allowance for that day with the following day. (2) The foreign separation allowance is paid monthly. An appropriate abatation may be paid on request. The supreme service authority can determine that the foreign separation money will be pre-paid under reservation. (3) The beneficiary is obliged to immediately notify any changes that are important for the international payment of 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. Unofficial table of contents

§ 17 Transitional provision

A foreign separation allowance granted prior to the entry into force of this amending Regulation pursuant to Article 1 (3), second sentence, shall be continued in accordance with the provisions of the previous regulations. Unofficial table of contents

Section 18 (Entry into force, expiry of the external force)

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