Regulation Over Foreign Separation Money

Original Language Title: Verordnung über das Auslandstrennungsgeld

Read the untranslated law here: http://www.gesetze-im-internet.de/atgv_1991/BJNR010810991.html

Regulation over foreign (foreign separation money Ordinance - AGTV) separation money ATGV Ausfertigung date: 04.05.1991 full quotation: "foreign separation money regulation as amended by the notice of 22 January 1998 (BGBl. I p. 189), most recently by article 15 paragraph 41 of the law of February 5, 2009 (BGBl. I p. 160) has been changed" stand: Neugefasst by BEK. v. 22.1.1998 I 189;
 
As last amended by article 15 par. 41 G v. DSDS I 160 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from: 1.7.1990 +++) § 1 scope of application, purpose (1) on foreign separation money claims on the occasion of transfers, transfer same measures (article 3 par. 2 of the Federal relocation expenses Act) and detachments of the country abroad, from abroad and from abroad in the domestic, as well as without the commitment of moving allowance when abroad and from abroad for temporary period of employment settings or a temporary use of the allowance. Commanding, the detachment is equal to 1 2 the temporary allocation of interests to another part of the employment authority at a place other than the previous place of employment, 3. the revocation of the delegation or commanding moved with promise of moving allowances, 4. the temporary official action in somewhere else as a service point and 5. assignment to officiate in special cases (article 29 of the federal civil servants Act).
(2) with the foreign separation money 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 domestic savings are compensated.
(3) foreign separation money is granted only when the measures referred to in paragraph 1 who new location is different from the previous place of employment and the apartment not in the catchment area (section 3 para 1 No. 1 letter c of the Federal relocation expenses Act) is located.
(4) the beneficiary waives irrevocably the commitment of moving allowances and a relocation is not required for official reasons only travel aid as foreign separation money be paid according to § 13 for no longer than a year.

Article 2 eligible (1) are entitled 1 federal officers, 2. judges in the Federal service, 3 professional soldiers and soldiers on time and 4. officials seconded in the Federal service and judges.
(2) between areas and between these and the domestic, 2 Honorary officials and 3 volunteers, judges are entitled not 1 officials working in cross-border services official measures pursuant to section 1 para 1 in the area of foreign local authorities.

§ 3 kinds of foreign separation money abroad separation money be paid: 1. compensation for separate financial management (articles 6 to 8, 10), 2. compensation for daily return to the place of residence (section 11), 3. compensation, if no foreign salaries to be paid (section 12 paragraph 7), 4 travel aid for journeys (§ 13), 5 from compensation in individual cases for safety reasons or due to other exceptional circumstances abroad (foreign separation money in case of crisis; § 12 para 8).

§ 4 compensation for separate financial management (1) foreign separation money according to articles 6 to 8 and 10 will be paid if the beneficiary lives 1 with his or her spouse, life partner or unmarried children in the same household or 2 with other relatives up to the fourth grade, an unrelated to the second degree, lives a foster child and foster parents in the same household and them from legal or moral obligation - not only temporarily - provided wholly or mainly accommodation and maintenance or 3rd with a person in the same household lives, whose help he needs not only temporarily - from professional or amtsärztlichem certificate for health reasons - and implements separate budget. Article 8, par. 3 and 4, as well as § 12 section 7 shall remain unaffected.
(2) foreign separation benefit relocation allowance (sections 3 and 4 of the Federal relocation expenses Act) is said to is paid only after the articles 6 to 8, if the requirements of section 5 are.

§ 5 foreign separation money after undertaking the relocation allowance (1) after undertaking the relocation allowance (sections 3 and 4 of the Federal relocation expenses Act) is abroad separation money only paid, if and as long as the authorized 1 since the date of effect of the undertaking or, if for him, according to section 1, paragraph 1 is fully willing to move the official measure and temporarily unable to collect around 2. due to lack of housing at the new place of employment including the catchment area or for compelling personal reasons.
The beneficiary is obliged to seek proven to continually to an apartment taking advantage of every available opportunity. The move must not be delayed by unreasonable demands on the apartment or not other compelling reasons.
(2) to revoke the promise of moving allowances, foreign separation money may not be paid if at the time of the announcement of the cancellation conditions for the payment of the foreign separation money referred to in paragraph 1 were not met or have lapsed.
(3) paragraphs 1 and 2 do not apply if relocation allowance is paid according to § 17 overseas removal expenses regulation.

§ 6 is paid in the rates of separation II.7.4 according to § 3 para 3 sentence 2 to 4 of separation money regulation abroad separation money transfers and secondments from domestic to foreign countries (1) in transfers and secondments from domestic to foreign countries; § 4 par. 5 of the separation money Regulation shall apply.
(2) after clearing the previous apartment, the foreign separation money is also paid pursuant to paragraph 1, if the persons belonging to the home community of the authorised (§ 4 para 1 sentence 1) on another as the new place of employment including catchment area lodging for payment or an apartment owned by them or the party entitled to temporarily take. Accommodation is free of charge, the foreign separation money is reduced pursuant to paragraph 1 to the half. These requirements exclude services according to § 4 paragraph 5 and 6 of overseas removal expenses regulation.
(3) international separation benefit is paid when a new transfer or secondment abroad instead of abroad separation money according to § 8 section 3 or 4 offset in the domestic or seconded legitimate received abroad separation money § 8 section 3 or 4, referred to in paragraph 1. In addition, the amount of the difference between the rent for the accommodation in the domestic and 18 per cent of the sum of base salary, family allowance of level 1, Office, offices - and compensatory allowances will be refunded. § 12 para 3 shall apply.
(4) foreign separation benefit is paid when a new transfer or secondment abroad with the promise of moving allowances instead of compensation according to § 8 para 1 and 2 offset in the domestic or seconded legitimate foreign separation money received pursuant to article 8, paragraph 1 or 2, according to § 7. § 12 para 3 shall apply.

§ 7 is paid in the rates of separation n according to § 3 para 3 sentence 2 to 4 of separation money regulation abroad separation money transfers and secondments abroad (1) in transfers and secondments abroad; § 4 par. 5 of the separation money Regulation shall apply.
(2) after clearing the previous apartment abroad separation benefit is paid in the amount which would be to the authorized pursuant to section 3 of the regulation of separation money, if people belonging to his home community (§ 4 para 1) at the previous place of employment, nor in the catchment area (section 3 para 1 No. 1 letter c of the Federal relocation expenses Act) accommodation related.

§ 8 is paid in rate of separation II.7.4 according to § 3 para 3 sentence 2 to 4 of separation money regulation abroad separation money transfers and secondments from abroad (1) inland in transfers and secondments from abroad in the country; § 4 par. 5 of the separation money Regulation shall apply.
(2) in the case of promise of moving allowances, foreign separation benefit is paid pursuant to paragraph 1, if and as long as that remain persons referred to the previous place of employment in section 4, paragraph 1, sentence 1, because 1 the beneficiary due to housing shortage at the new place of employment at a parade is prevented from or mandatory 2. personal moving obstacle (§ 12 para 3 of the Federal relocation expenses Act) are available.
With housing shortage, foreign separation benefit is paid pursuant to paragraph 1, but no longer than up to the last day of the third calendar month following on the departure of the beneficiary.
(3) the housing shortage which in paragraph 2 continues set 2 deadline also, separation money increases pursuant to paragraph 1 for a in § 4 para 1 sentence 1 of no. 1 to 3 person at 50 per cent, and for every other person there at 10 per cent, unless it is included in the apartment. It is increased by another 10 per cent for domestic workers, for which the cost of the relocation travel will be refunded or listed as a replacement force for a retarded foreign domestic workers in the apartment.

(4) authorized, who had an apartment in the sense of article 10 par. 3 of the Federal Act of costs of moving at the previous place of employment abroad, get special foreign separation money in amount of separation money after the apartment the previous foreign place of residence until the Elimination of the housing shortage in the new domestic place of employment pursuant to section 3 of the regulation of separation money. Paragraph 3 sentence 1 shall apply mutatis mutandis with regard to from the 15th day following payment. The payment is also, if both spouses or life partners with claims on foreign separation money from abroad at the same time be transferred or seconded in the domestic. In this case, payment including boost rates is pursuant to paragraph 3 sentence 2 only to a spouse or life partner. The special foreign separation benefit is paid also single entitled in the amount of separation money according to § 3 para 3 sentence 1 of the regulation of separation money.

§ 9 (dropped out) § 10 advance relocation is a relocation, the relocation allowance is said to carried out on the occasion of a measure pursuant to section 1 para 1 before its effective foreign separation money according to article 6, paragraph 1, article 7, paragraph 1 or article 8, paragraph 1 until the end of the day of the completion of the service journey, but no longer than for 3 months will be paid.

Section 11 compensation for daily return to the place of residence (1) daily return to the place of residence is reimbursement of travel costs, distance or portability compensation as paid for business trips. A catering subsidy will be paid for days with more than acclaimed absence from the apartment; Service layers over two days, the length of absence for each layer is calculated separately. The food subsidy is 4 Deutsche mark, for beneficiaries, who have an apartment in the sense of article 10 par. 3 of the Federal Act of costs of moving or live with a person referred to in section 4, paragraph 1, sentence 1 in household 5 Deutsche Mark daily. The compensation may not exceed amount shown to the after the sentences 1 to 3 according to article 6, paragraph 1, article 7, paragraph 1 or article 8, paragraph 1.
(2) legitimate, not daily returning to the place of residence, although this is reasonable, receive compensation like at daily return to the place of residence. The daily return to the place of residence is usually not reasonable, if scheduled transport using the absence from the apartment is more than 12 hours, or the time required to dismount the line between home and service site and back more than 3 hours.
(3) must stay the person entitled to the place of employment for official reasons, the proven necessary additional expenses will be reimbursed.

In special cases (1), both spouses have foreign separation money § 12 or life partner claim on foreign separation money under this regulation, will not be paid abroad separation money after the §§ 6 to 8 par. 1 and 2 and article 10. Sentence 1 shall not apply if third persons within the meaning of § 4 para 1 sentence 1 in the previous apartment stay. in this case, a spouse receives different reimbursement under the provisions of another employer to, apply sentences 1 and 2 according to the higher, foreign separation money according to the § § 6 to 8 or 10 is the spouse or life partner of justified separation money pursuant to section 3 of the regulation of separation money or appropriate compensation.
(2) in transfers and secondments at the same place of employment abroad separation money is paid.
(3) legitimate the necessary expenses for the accommodation at the previous place of employment are a new official action pursuant to section 1 para 1 and repeal of the detachment at the latest until the time reimbursed to the tenancy can be resolved at the earliest.
(4) the retroactive effect of admission to a position or the arrangement of offices and service levels is ignored.
(5) the conduct of its service business is a legitimate claim on foreign separation money prohibited he is prevented, as a result of measures of disciplinary law or through a detention ordered under any law in the exercise of his service or may be for the duration of the interruption of service abroad separation money reduced adjusted its payment. This does not apply if he remains on the basis of official directive on the place of employment.
(6) for a period of time for which no salary claim, no foreign separation benefit is paid.
(7) in the case of secondments from domestic to foreign countries and abroad, for which no overseas remuneration (section 52 of the federal pay law) entitled to the same remuneration as at foreign service travel is paid as foreign separation money; the sections 4 to 7 shall not apply in that regard.
(8) the Supreme Administrative authority determined by analogy with application of the provisions of this regulation foreign separation money in individual cases, if reasons or due to other exceptional circumstances abroad others are necessary, official measures or measures which relate to the living in the household of the person entitled persons within the meaning of § 4 para 1 sentence 1, as in § 1 para 1 and thereby additional expenditure within the meaning of § 1 para 2 arise. Are determined for a place of employment, on a diplomatic mission is located pursuant to sentence 1 required, measures the Foreign Office foreign separation money for all involved at this location and concerned by the measure.

§ 13 travel aid (1) a legitimate, the foreign separation money according to articles 6 to 8 and 10 is paid for journeys, a travel aid awarded for journeys for each three months of separation. In special cases, the Supreme authority of the service can set the entitlement period ever two months; This applies to the cases of § 12 section 7 appropriately. The Supreme authority of service in particular, taking into account the peculiarities of the place of service and the personal situation of the concerned travel aid may grant other beneficiary, where no full relocation allowance was said to after the articles 3 and 4 of the Federal Act of costs of moving pursuant to sentences 1 and 2.
(2) the entitlement period begins with the first day, represents the international separation money.
(3) the travel can be commenced at the earliest one month after the start of the eligibility period, or after the expiry of the periods referred to in paragraph 1, for which a travel subsidy has been paid already. The claim can be transferred in the next claim period to travel aid. The claim period is not interrupted by a new official action pursuant to section 1 para 1.
(4) the beneficiary can be found during the official measure of the place of residence and were refunded the cost of the journey from the place of employment to the place of residence from official resources or a grant paid or was he promoted free of charge and it is not a journey referred to in paragraph 1 or a home leave travel, the claim period starts with the day of return to the place of employment. This also applies for a home inspection trip to the new place of employment within the meaning of § 4 para 4 of overseas removal expenses regulation.
(5) instead of legitimate travel, a journey of persons referred to in section 4, paragraph 1, sentence 1 can be considered. Recipients of a foreign usage surcharge after section 58a of the federal pay law, which are used in floating associations and recipients of a foreign aggregate after § 55 of the federal salaries Act can travel aid according to the principles of paragraph 6 for a trip for them at least at level 10, where a home pursuant to paragraph 1 may not be granted on the basis of a decision of the Supreme Administrative authority for compelling official reasons and in § 4 para 1 No. 1 are granted to persons referred to a place specified by the Supreme authority of service. Paragraph 3 shall apply mutatis mutandis.
(6) as a travel aid be the resulting necessary travel costs between the new place of employment and place of residence which in § 4 para 1 sentence 1 reimburse the persons named on the shortest routes up to the amount of the cheapest ticket in the generally lowest class of a regular means of transport. In this budget travel aid shall be paid which referred people to the resort in section 4, paragraph 1, sentence 1. Possible reduced fares must be considered. As far as official means of transport can be used free of charge, travel costs will not be refunded.

§ 14 of stay in a hospital, sanatorium treatment or a cure, 3. the employment bans after mother protection regulations will be special provisions by out-of-town remaining (1) full calendar days 1 the absence of the new place of employment and the place of accommodation-related on the basis of an official measure pursuant to section 1 para 1, 2. no foreign separation money after granted the articles 6 to 8 and 10, unless , that the failure to grant due to special circumstances would be unreasonable.
(2) paragraph 1 shall not apply in cases in which foreign separation benefit is paid according to § 8 para 3 and 4.

§ 15 payment rules


(1) foreign separation money is generally paid by the day after the day of termination of the service trip to the new place of employment until the day, dropped where the relevant conditions. In transfers and secondments from abroad to the domestic, abroad separation money with the days of the commencement of the service trip is paid derogation, but no longer than for a period of time, which would have been required for the timely implementation of the travel, international remuneration be paid only up to the day before the departure of the foreign place of employment (§ 52 para 2 of the federal pay law). This also applies to the duration of the trip to the old place of employment on the occasion of the repeal of the detachment from abroad to the domestic. This applies for the duration of the return after the secondment abroad only in cases in which a higher rental subsidy based on the old place of employment not been paid according to article 54 of the federal pay law.
(2) only the portion the claim on foreign separation money not for a full calendar month, is is paid, accounted for the claim period, unless otherwise provided in this regulation.
(3) the place of employment will leave with a new official measure within the meaning of § 1 para 1 in advance, foreign separation benefit is paid up to the day where the place of employment will leave for granting of travel allowance for that day until the previous day. § 12 para 3 shall apply. Abroad separation benefit can not leave the previous place of employment due to illness, is paid further until the day before the day, where the place of employment can be left. Sentence 1 shall apply accordingly upon termination of employment.
(4) is unlikely to occur in disease with the launch of the service period of three months and the return to the place of residence is reasonable, from the identification of the employer abroad separation benefit is paid until the day where the place of employment can be left. Necessary expenses will be reimbursed up to the amount of the cost of the journey to the place of residence and back as a business trip. This also applies to a prohibition of employment under the regulation on maternity protection for civil servants. The ongoing cost of the accommodation at the place of employment will be reimbursed according to § 12 para 3.
(5) when moving with promise of moving allowances, foreign separation benefit is paid at the latest up to the day of loading of the goods; at the point of the day of loading of the goods, the day of the moving journey of someone belonging to the domestic community occurs in a moving allowance after § 17 of overseas removal expenses regulation. In the cases of § 6 par. 2 and the section 8 subsection 2 sentence 1 No. 1 foreign separation money is paid at the most until the day of departure of the accommodation.
(6) the claim according to § 8 para 3 ends on the day before the purchase of the apartment or the option to buy of the apartment.
(7) of the new place of employment for no longer than twelve months, changed for a separation money recipient domestically on the basis of a measure pursuant to section 1 para 1 of the domestic foreign proven necessary costs incurred for maintaining the accommodation in Germany can be refunded if the task of the accommodation cannot be expected to is the legitimate.

Article 16 rules of procedure (1) is the foreign separation money to request in writing within a period of two years at the employment office. The period begins with the day of commencement of the service, on payment of the travel allowance for the day with the following day.
(2) the foreign separation benefit is paid monthly afterwards. On request, you can pay a reasonable discount. The Supreme authority of the service can determine that the foreign separation money subject is paid in advance.
(3) the beneficiary is obliged immediately to display all changes that may be for foreign separation cash payment of importance.
(4) the Supreme Administrative Authority determines the authority responsible for the approval and payment of foreign separation money.

Article 17 transitional provision an international separation money approved before the entry into force of this amendment regulation according to section 1, paragraph 3, sentence 2 according to the existing regulations further granted.

Article 18 (entry into force, expiry)-