Law For The Transfer Of Officers And Employees Of The Federal Agency For Air Traffic Control

Original Language Title: Gesetz zur Übernahme der Beamten und Arbeitnehmer der Bundesanstalt für Flugsicherung

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

Act to take over the officials and employees of the Federal Aviation Safety Agency

Non-official table of contents

BAFlSBAÜbnG

Date of departure: 23.07.1992

Full quote:

" Act to take over the Officials and employees of the Federal Agency for Air Traffic Control of the 23. July 1992 (BGBl. 1370, 1376), as last amended by Article 3 (4) of the Law of 3. July 2013 (BGBl. I p. 1978) "

:Last modified by Art. 3 para. 4 G v. 3.7.2013 I 1978

For details, see the Notes

Footnote

(+ + + text evidence from: 1.1.1993 + + +)

menu.
has been referred to as Article 7 G 96-1-26 v. 23.7.1992 I 1370 (LuftVGÄndG 10) approved by the Bundestag with the consent of the Bundesrat. It occurs gem. Article 11 (2) (2) of this G, in force on 1 January 1993. Non-official table of contents

§ 1

(1) Officials and employees of the Federal Agency for Air Traffic Control, which are not from the civil service relationship or from the The German Federal Office for Air Traffic Control (Bundesanstalt für Flugsicherung) and the Federal Office for Aviation Safety (Bundesamt für Flugsicherung) are responsible for the termination of the employment relationship at the Federal Office for Aviation Safety (Bundesamt für Flugsicherung) and take up the duties of air traffic control in DFS Deutsche Flugsicherung GmbH 31b para. 1 LuftVG), insofar as they are not used elsewhere. For the employment relationships of the employees referred to in the first sentence, up to the conclusion of new collective agreements, the collective agreements which have been applied to them at the Federal Air Traffic Control Agency shall be decisive.(2) The existing allowances and compensation schemes for employees of the Bundesanstalt für Flugsicherung (Bundesanstalt für Flugsicherung) under the Bundesbesoldungsgesetz (Federal Law on Air Navigation) shall be applicable to the Federal Office for Civil Aviation (Bundesamt für Flugsicherung) in accordance with the Federal Law on Civil Aviation (Bundesbesoldung). provisional arrangements for special cases of difficulty in special cases of 22. March 1974 (BGBl. 774), as last amended by Article 3 of the Law of 19. July 1990 (BGBl. 1451), in accordance with the guidelines of the Federal Ministry of Transport, Building and Urban Development for the granting of an allowance for operating personnel of the Federal Aviation Safety Agency and the corresponding collective agreements, such as: they have been golds at the time of the repeal of the law on the Federal Air Traffic Control Agency, including over the 31. In addition, it should be applied in the case of the functions carried out at the Federal Air Traffic Control Agency.(3) Officials and employees of the Federal Aviation Office, who are assigned to DFS Deutsche Flugsicherung GmbH or are active in the Air Traffic Control Service at the Federal Aviation Office and have so far received allowances and compensation pursuant to paragraph 2, shall continue to be granted in the case of use in the Federal Supervisory Office for Air Traffic Control, provided that the conditions set out in paragraph 2 are further fulfilled. The transfer of the above-mentioned officials and employees to the Federal Supervisory Office for air traffic control is carried out by means of a transfer. Non-official table of contents

§ 2

(1) For the officers of the air traffic control service and for the officials in the supervisory functions of the Air traffic control service is the perfect 55. Year of age the age limit.(2) By way of derogation from § 53 (2) sentence 2 of the Federal Civil Service Act, the Federal Ministry of Transport, Building and the Federal Republic of Germany may, by way of derogation from the second sentence of Section 53 (2) of the Federal Civil Service Act, be able to continue the service. Urban development in individual cases, with the consent of the official, to postpone retirement for up to two years. § 53 (2) sentence 2 of the Federal Civil Service Act shall likewise not apply if the retirement income has been deferred at the request of the official pursuant to Section 53 (1) sentence 3 of the Federal Civil Service Act. The Federal Ministry of Transport, Building and Urban Development may delegate the power of the first sentence to another authority.The retirement pension shall be increased for civil servants in the air traffic control service, who are retiring in accordance with paragraphs 1 and 2 because of the age limit set for them. The same applies to the retirement pension if the civil service contract ends due to invalidity or death within the period during which the entry into retirement pursuant to paragraph 2 as well as pursuant to Section 53 (1) sentence 3 of the Federal Civil Service Act (Bundesbeamtengesetz) , this shall not apply if the incapacity for service or death is the consequence of an unofficial act within the meaning of Section 31 of the German Civil Service Act. The increase is in the case of retirement with the completion of the 55. 9.375 years of life of the hundreds of service-related remuneration. The increase shall be reduced in the case of an official who is more than two years after the completion of the 55. The period of retirement shall be equal to the extent to which the pension rate is due to service hours over the age of 55. In accordance with Section 14 (1) of the German Civil Service Act (BeamtenSupply Act), increased life year. In the cases of sentence 2, Section 13 (1) of the Civil Service Act does not apply. The pension shall not exceed seventy-five days from the hundred of the pensions which are capable of holding it.(4) For the time of 1. January 1989 to 31. By way of derogation from Section 48 (1) sentence 4 of the Act, officials of the upper air traffic control service shall already receive compensation in accordance with Section 48 (1) sentence 4 of the Act on reaching the age limit laid down in paragraph 1 if the official Entry into retirement due to urgent service provision has been postponed to maintain the safety of air traffic.(5) In the cases of Section 85 (1) of the Civil Service Act, the increase in the case of entry into retirement shall be completed with the completion of the 55. Year-on-year three of the hundreds of pensionable remuneration and, in the event of a later retirement, shall be reduced by one from the hundred of the pensionable remuneration with each subsequent completed year of life, and shall be one of the following: the resulting higher percentage of the retirement pension shall be maintained at the subsequent retirement. The third sentence of paragraph 3 and 4 shall not apply to this extent. Section 12 (2) of the Staff Regulations of Officials shall apply mutatily to the persons referred to in paragraph 1. The pension shall not exceed seventy-five days from the hundred of the pensions which are capable of holding it.(6) An employment of retired civil servants who worked in air traffic control until their retirement, at the air navigation service provider (Section 31b (1) of the Air Transport Act) and in the case of companies whose shares are majority Air navigation service providers shall have the same use in the public service within the meaning of Section 53 of the German Civil Service Act.(7) and (8) (omitted) (9) In the case of officials who retire after raising the age limit referred to in paragraph 1 and are taken in accordance with Article 85 (1) of the Staff Pension Act, the calculation of the period of service and of the period of service shall be determined. Pension rate in accordance with Article 85 (3) of the Staff Regulations of Officials, if they are before the 1. January 2002. Have completed their life year.(10) For officers of the senior air traffic control service and for officials in supervisory functions of the Air Traffic Control Service, which shall be 53 at the time of the entry into force of this Act. § 2 of this Act shall be found in the version of 23 years of age. July 1992 (BGBl. I p. 1370, 1376). § 69c (4) sentence 1 of the German Civil Service Act applies accordingly. Non-official table of contents

§ 2a

(1) A civil servant of the Federal Aviation Office, designated in § 1 para. 1, may be an official of the Federal Aviation Office. up to the 31. December 1998 shall be retired upon request if
1.
is the workplace on the basis of a Restructuring measures are no longer required,
2.
the 56.
3.
any other use of the official in the air navigation service referred to in § 31b of the Air Transport Act or of another Administration is not possible or cannot be reasonably expected according to general principles of civil service law.
(2)-(3) § 5 (3) of the Civil Service Act does not apply.(4) Section 4 (1) sentence 1 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) applies accordingly. Non-official table of contents

§ 3

People who have taken over DFS Deutsche Flugsicherung GmbH from the Federal Air Traffic Control Agency and who are the Staff members of the Federal Agency for Air Traffic Control (Bundesanstalt für Flugsicherung) have complied with air traffic control tasks and require no permission in accordance with Section 4 (5) of the Air Traffic Act (LuftVG) as amended by the Air Transport Act of 23 July 1992 (BGBl. I p. 1370). The same shall apply to other persons who have already been entrusted with the exercise of certain tasks in the field of air traffic control until the entry into force of this law. Non-official table of contents

§ 4

(1) The employees referred to in § 1 paragraph 1 shall be deemed to be employees within the meaning of the Federal Personalization Act (Bundespersonnel representation) the Air Traffic Control Service of the Federal Aviation Authority (Bundesamt; § 13 paragraph 2 sentence 4 of the Federal Personalization Act) does not apply.(2) The employees referred to in paragraph 1 shall apply to the application of the provisions relating to the representation of employees on the Supervisory Board and to the application of the Works Constitution Act and the Speaker's Committee Act as employees of DFS Deutsche Flugsicherung GmbH and as such are active and passively eligible. As senior employees within the meaning of Section 5 (3) of the Works Constitution Act, the functionally comparable officials also apply. Non-official table of contents

§ 5

As compared to the employees referred to in § 1 (1), DFS Deutsche Flugsicherung GmbH has a decision-making and decision-making process. Assignment powers in the immediate connection with the activities of individual employees on site, for whose implementation DFS Deutsche Flugsicherung GmbH bears the responsibility. The management and the employees of DFS Deutsche Flugsicherung GmbH appointed by this company shall exercise their prerox powers to this extent. The power of service pursuant to Section 3 (2) sentence 1 of the Federal Civil Service Act (Bundesbeamtengesetz) is the responsibility of the Head of the Air Traffic Control Service at the Federal Aviation Administration Office. DFS Deutsche Flugsicherung GmbH supports the Head of the Air Traffic Control Service at the Federal Aviation Office (Bundesamt) in the exercise of the power of service. In particular, it shall provide all the necessary information.