Law on the takeover of civil servants and employees of the Federal Aviation Safety Agency

Unofficial table of contents

BAFlSBAÜbnG

Date of completion: 23.07.1992

Full quote:

" Act of 23 July 1992 on the takeover of civil servants and employees of the Bundesanstalt für Flugsicherung (Federal Agency for Air Traffic Control) (BGBl. I p. 1370, 1376), most recently by Article 3 (4) of the Law of 3 July 2013 (BGBl. I p. 1978).

Status:

Last amended by Art. 3 (4) G v. 3.7.2013 I 1978

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1993 + + +) 

  

The G was decided as Article 7 G 96-1-26 v. 23.7.1992 I 1370 (LuftVGÄndG 10) of the Bundestag with the consent of the Bundesrat. It occurs gem. Article 11 (2) (2) of this G, in force on 1 January 1993. Unofficial table of contents

§ 1

(1) Officials and employees of the Bundesanstalt für Flugsicherung, who do not leave the civil service or employment relationship, are from the date of the repeal of the law on the Federal Agency for Air Traffic Control from civil servants and Employees at the Federal Aviation Authority (Bundesamt) and carry out tasks of air traffic control in DFS Deutsche Flugsicherung GmbH (§ 31b paragraph 1 LuftVG) as far as they are not used in any other way. For the employment relationships of the employees referred to in the first sentence, until the conclusion of new collective agreements, the collective agreements which have been applied to them by the Bundesanstalt für Flugsicherung (Federal Office for Air Safety) are decisive. (2) For the officials and employees of the Aviation-Federal Office pursuant to paragraph 1 are the existing allowances and compensation schemes for employees of the Bundesanstalt für Flugsicherung according to the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), according to the Regulation on the provisional scheme of incumbations in the Federal Republic of Germany special cases of 22 March 1974 (BGBl. 774), as last amended by Article 3 of the Law of 19 July 1990 (BGBl I). 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: until the date of the repeal of the Act on the Bundesanstalt für Flugsicherung (Bundesanstalt für Flugsicherung), they must also apply beyond 31 December 1994 if they continue to be used in the functions carried out by the Federal Aviation Safety Authority (Bundesanstalt für Flugsicherung) (3) Officials and employees of the Federal Aviation Office, which is the Federal Office of the Federal Republic of Germany Deutsche Flugsicherung GmbH is assigned to the Federal Office of Aviation-Bundesamt (Air Traffic Control) or has received allowances and compensation pursuant to paragraph 2 in the Federal Office of the Federal Aviation Administration (Bundesamt). Air traffic control shall continue to be granted in so far as the conditions set out in paragraph 2 remain. 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. Unofficial table of contents

§ 2

(1) For officials of the air traffic control service and for officials in supervisory functions of the air traffic control service, the completed 55 shall be provided. (2) If urgent service provisions require the continuation of the service and the suitability for service use persists, by way of derogation from § 53 (2) sentence 2 of the Federal Civil Service Act (Bundesbeamtengesetz) Federal Ministry of Transport, Building and Urban Development in individual cases, with the consent of the official, to postpone the entry into 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 in accordance with Section 53 (1) sentence 3 of the Federal Civil Service Act. The Federal Ministry of Transport, Building and Urban Development may delegate the power to another authority in accordance with the first sentence. (3) The pension shall be for civil servants in the air traffic control service for life, which shall be based on the age limit after the Paragraphs 1 and 2 shall enter into retirement. 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 of the hundred of the pensions which are capable of holding rest. (4) For the period from 1 January 1989 to 31 December 1994, officials of the upper air traffic control service shall receive compensation in accordance with section 48 (1) sentence 1 of the Staff Pension Act, by way of derogation from § 48 (1) sentence 4 of the Act, even when the age limit referred to in paragraph 1 is reached, if their entry into retirement is due to urgent service provision for the maintenance of the security of the air traffic. (5) In the cases of § 85 (1) of the Civil servants ' supply law is the increase in retirement 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 later 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 of the hundred of the pensions which are eligible for rest. (6) An employment of retired civil servants who worked in air traffic control until their retirement, in the case of the Air navigation companies (Section 31b (1) of the Air Traffic Act) and companies whose shares belong to this air navigation service provider shall be used in the public service within the meaning of Section 53 of the German Civil Service Act (BeamtenSupply Act) (7) and (8) (omitted) (9) In the case of officials following the increase in the age limit referred to in paragraph 1, to retire and to be taken by Section 85 (1) of the Staff Services Act, the calculation of the period of service and of the retirement pension in accordance with Section 85 (3) of the Staff Services Act shall be determined if it is calculated before 1 January 2002. the 53. (10) For senior air traffic control service officers and for officials in the supervisory functions of the air traffic control service, which shall be 53 at the time of entry into force of this Act. § 2 of this Act shall be found in the version dated 23 July 1992 (BGBl. I p. 1370, 1376). § 69c (4) sentence 1 of the German Civil Service Act applies accordingly. Unofficial table of contents

§ 2a

(1) A civil servant of the Federal Aviation Office, designated in § 1 para. 1, may be retired until 31 December 1998 upon request, if:

1.

there is no replacement in the workplace due to a restructuring measure,

2.

he's the 56. has been completed and has been completed

3.

any other use of the official in the air navigation service referred to in § 31b of the Air Transport Act or of any other administration is not possible or cannot be reasonably expected in accordance with general principles of civil service law.

(2)-(3) § 5 (3) of the German Civil Service Act does not apply. (4) Section 4 (1) sentence 1 of the Federal Law on the Law of the Federal Law applies accordingly. Unofficial table of contents

§ 3

Persons who have taken over DFS Deutsche Flugsicherung GmbH from the Bundesanstalt für Flugsicherung (Federal Agency for Air Traffic Control) and who have fulfilled flight safety tasks as employees of the Federal Aviation Safety Agency do not require permission in the sense of Section 4 (5) Air VG in the version of 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. Unofficial table of contents

§ 4

(1) The employees referred to in § 1 (1) shall be deemed to be employees of the Air Traffic Control Service of the Federal Office for Aviation-Bundesamt; § 13 (2) sentence 4 of the Federal Office for Personalization of Personality (Bundespersonalrepresentations) no Application. (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 Spokesperson Committee Act as employees. the DFS Deutsche Flugsicherung GmbH and are active and passive as such optional. As senior employees within the meaning of Section 5 (3) of the Works Constitution Act, the functionally comparable officials also apply. Unofficial table of contents

§ 5

In relation to the employees referred to in § 1 (1), DFS Deutsche Flugsicherung GmbH has decision-making and authority in the immediate connection with the activities of individual employees on the ground, for the execution of which the DFS Deutsche Flugsicherung GmbH is responsible for this. 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.