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

Read the untranslated law here: http://www.gesetze-im-internet.de/baflsba_bng/BJNR013760992.html

Law for the transfer of officers and employees of the Federal Agency for air traffic control BAFlSBAÜbnG Ausfertigung date: 23.07.1992 full quotation: "law to take over the officers and employees of the Federal Agency for air traffic control of 23 July 1992 (BGBl. I S. 1370, 1376), most recently by article 3 paragraph 4 of the law of 3 July 2013 (BGBl. I S. 1978) is changed" stand: last amended by art. 3 para 4 G v. 3.7.2013 I in 1978 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1.1.1993 +++) the G as article 7 G 96-1-26 v. 23.7.1992 I 1370 (LuftVGÄndG 10) by the German Bundestag, with the consent of the Federal Council decided. It occurs under art. 11 para. 2 No. 2 of this G on the 1.1.1993 in force.

§ 1 (1) officials and workers at the Federal Agency for air traffic control, which eliminated not of the civil service or from an employment relationship, are from the time of the repeal of the law on the federal air traffic control officials and workers at the Federal Aviation Authority and tasks take air traffic control in the DFS Deutsche Flugsicherung GmbH (§ 31 para. 1 b LuftVG) true, insofar as they are not otherwise used. The working conditions of workers referred to in sentence 1 the collective agreements are decisive for until new collective agreements, which have been regarded for her at the Federal Agency for air traffic control.
(2) for the officials and workers at the Federal Aviation Authority referred to in paragraph 1 the existing allowances and compensation schemes are for employees of the Federal Agency for air traffic control after the federal salaries Act, according to the regulation governing the preliminary obstacle allowances in special cases by March 22, 1974 (Federal Law Gazette I p. 774), last amended by article 3 of the Act of 19 July 1990 (Federal Law Gazette I S. 1451) , according to the guidelines of the Federal Ministry of transport, building and urban development for the granting of an allowance for personnel of federal air traffic control and the corresponding labour regulations as to the time of the repeal of the law on the federal air traffic control have been, to apply also on the 31 December, 1994, when they in functions exercised at the federal air traffic control continue to be used.
(3) officials and workers of the Luftfahrt-Bundesamt, which assigned to the DFS Deutsche Flugsicherung GmbH or air traffic control at the Federal Aviation Authority involved in the Office and so far allowances and compensation received pursuant to paragraph 2, be it further granted when used in the federal supervisory Office for air traffic control, unless the requirements of paragraph 2 further. The reconciliation of the aforementioned officials and workers in the federal supervisory Office for air traffic control takes place by moving.

§ 2 (1) for the officials of the sophisticated air traffic control and for the supervisory functions of the air traffic control officials the completed 55 years of age is the age limit.
(2) when urgent business considerations require the continuation of the service and the suitability for official use continues, the Federal Ministry for transport, building and urban development in individual cases with the consent of the officials can postpone by way of derogation from § 53 para 2 sentence 2 of the federal civil servants act up to two years entering retirement. § 53 para 2 sentence 2 of the federal civil servants Act also does not apply when entering retirement at the request of the officials referred to in article 53 paragraph 1 sentence 3 of the federal civil servants Act was postponed. The Federal Ministry for transport, building and urban development can transfer authority pursuant to sentence 1 to any other authority.
(3) the pension increases for civil servants in the air traffic control service for life, that occur after paragraphs 1 and 2 to retire due to reaching the age limit. The same applies for the pension, if the invalidity or death duties within the period ends, in the entrance to retire pursuant to paragraph 2 and is procrastinated according to § 53 paragraph 1 sentence 3 of the federal civil servants act; This does not apply if the incapacity or the death is the result of an accident of service within the meaning of § 31 of the officials supply law. The increase is at entry in the retirement age of 55. 9.375 per cent pension-eligible salaries. The boost is reduced when an official who puts more than two years after the age of 55 to retire, to the extent in which the rest content rate increases through periods of service that go beyond the age of 55, according to § 14 para 1 of the officials supply Act. In the cases of the set 2, section 13, paragraph 1, of the officials supply Act does not apply. The pension shall not exceed seventy-five per cent of the pension-eligible salaries.
(4) for the period from 1 January 1989 to 31 December 1994 officials of the sophisticated air traffic control receive derogation from § 48 para 1 sentence 4 of the Act the compensation pursuant to § 48 para 1 sentence 1 of the officials supply Act already reached the age limit referred to in paragraph 1 when is been postponed their entry into retirement because of urgent business considerations for maintaining the safety of air traffic.
(5) in the cases of § 85 para 1 of the officials supply law is in the retirement age of 55 years of three per cent of the pension-eligible salaries the increase in admission and decreases at later entry into retirement with every other age by one per cent of the pension-eligible salaries; a located below each resulting higher percentage of the allowance is maintained when later entering retirement. Paragraph 3 sentence 3 and 4 to the extent not apply. Article 12 para 2 of the officials supply Act applies to the Group of persons referred to in paragraph 1. The pension shall not exceed seventy-five per cent of the pension-eligible salaries.
(6) employment of retired officials, who worked until her retirement in the air traffic control at the air traffic control company (§ 31 para. 1 of the air transport Act b) and companies whose Anteile mainly include the air traffic control company, is equivalent to a use in the public service within the meaning of article 53 of the officials supply law.
(7) and (8) (9) (dropped out) in the calculation of the pension-eligible service period and the rest content rate according to § 85 para 3 of the officials supply Act, if before January 1, 2002 have reached the 53rd age is officials who appear and grouped by section 85, paragraph 1, of the officials supply Act, after raising the age limit referred to in paragraph 1 retirement.
(10) finds for officials of the upscale air traffic control and for officials in supervisory functions of air traffic control, who have reached the age of 53. at the time of entry into force of this Act, section 2 of this Act in the version of 23 July 1992 (Federal Law Gazette I p. 1370, 1376) continue to apply. § 69c para 4 sentence 1 of the officials supply Act shall apply mutatis mutandis.

§ 2a (1) an in section 1 para 1 of known officials of the middle or the upmarket service of the Luftfahrt-Bundesamt can be moved up to December 31, 1998, at the request of retiring, if 1 his workplace on the basis of a restructuring measure without substitution is omitted, he has completed the age of 56. 2. and a repurposing of the officials in article 31 b of the air traffic act designated 3. air traffic control company or another administration is not possible or cannot reasonably be according to general principles of bibliographical.
(2) - (3) shall not apply article 5 par. 3 of the officials supply law.
(4) § 4 para 1 sentence 1 of the federal salaries Act shall apply mutatis mutandis.

§ 3 people, which has taken over the DFS Deutsche Flugsicherung GmbH by the Federal Agency for air traffic control and who met as employees of the Federal Agency for air traffic control air traffic control tasks require no permit within the meaning of § 4 5 LuftVG in the version of the air traffic Act of 23 July 1992 (Federal Law Gazette I p. 1370). The same is true for other people, which had been entrusted to the entry into force of this Act with certain tasks in the field of air traffic control.

§ 4 (1) workers referred to in article 1, paragraph 1 shall apply within the meaning of the Federal staff representation act as employees of the Department air traffic control at the Federal Aviation Authority; § 13 para 2 sentence 4 of the Federal staff representation Act does not apply.
(2) the employees referred to in paragraph 1 apply the DFS Deutsche Flugsicherung GmbH for the application of the rules on the representation of workers on the Supervisory Board, as well as for the application of the works Constitution Act and the speakers Committee Act as an employee and as such are actively and passively to vote. Also the comparable officials considered to be senior employees within the meaning of article 5 par. 3 of the works Constitution Act.

§ 5 


To the employees referred to in article 1, paragraph 1, employees locally responsible for implementing DFS Deutsche Flugsicherung GmbH has individual DFS Deutsche Flugsicherung GmbH decision-making and authority in direct connection with the activities. The Board of Directors and from this exercise in so far named employees of DFS Deutsche Flugsicherung GmbH superior powers. The superior powers are according to § 3 para 2 sentence 1 of the federal civil servants act at the head or the head of the air traffic control at the Luftfahrt-Bundesamt. DFS Deutsche Flugsicherung GmbH supports the head or the head of the Department at the Federal Aviation Authority in exercising the powers of the superior air traffic control. To do this it has to provide all necessary information.