Federal Civil Service Act

Original Language Title: Bundesbeamtengesetz

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Bundesbeamtengesetz (BBG)

Non-official table of contents

BBG

Date of expend: 05.02.2009

Full quote:

" Federal Officials Act of 5. February 2009 (BGBl. 160), as last amended by Article 1 of the Law of 6. March 2015 (BGBl. I p. 250) has been changed "

:Last modified by Art. 1 G v. 6.3.2015 I 250

For details, see Notes

Footnote

(+ + + Text evidence: 12.2.2009 + + +)

The G has been referred to as Article 1 G v. 5.2.2009 I 160 of the Bundestag decided. It's gem. Article 17 (11) of this Act entered into force on 12 February 2009. unofficial table of contents

content overview


section 1
General rules

§ 1Scope
§ 2 Diensthernability
§ 3

Section 2
Officials Ratio

§ 4BeamtenRatio
§ 5 Admissibility of the civil service relationship
§ 6Types of civil service ratio
§   7Officials Relationship Requirements
§ 8Job Expulsion
§ 9Selection criteria
§ 10Appointment
§ 11Lifetime Appointment Requirements
§ 12Responsibility and More effective of appointment
§ 13Nomination
§ 14 Withdrawal of the appointment
§ 15Legal consequences of non-nomination or returned

Section 3
runways

§ 16raceway
§ 17 Admission to runways
§ 18Recognition of runway skills under Directive 2005 /36/EC and because of professional qualifications acquired in third countries
§ 19Other applicants
§ 20setting
§ 21serviceable assessment
§ 22promotions
§ 23Carriage lock between two mandates
§ 24Guide posts on sample
§ 25 Discrimination Prohibited
§ 26Legislative Decree on Railways

Section 4
Abortion, Displacement and Assignment

§ 27Abarrangement
§ 28 Versetting
§ 29

Section 5
Termination of the civil service ratio
Subsection 1
Dismissal

§ 30Termination reasons
§ 31Dismissal force law
§ 32Dismissal for compelling reasons
§ 33Dismissal on request
§ 34Dismissal of beamer on sample and officials on the sample
§ 35Dismissal of civil servants in management posts on trial
§ 36Dismissal of political officers on trial and political officials on trial
§ 37 Dismissal of civil servants on revocation and civil servants on revocation
§ 38Dismissal procedure
§ 39Consequences of dismissal
§ 40Dismissing in elections or taking over political Ämter
§ 41Loss of civil servants ' rights
§ 42 Action of a retrial
§ 43Mercy

Subsection 2
Service Incapacity

§ 44Service Incapacity
§ 45 Limited serviceability
§ 46Serviceability recovery
§  47incapacity procedure
§ 48Medical examination
§ 49Retire at the official rehearsals

Subsection 3
retirement

§ 50Wait time
§ 51Retire because of Reach of the age limit
§ 52retirement on request
§ 53 Retired entry into retirement
§ 54Retired Retirement
§  55Retired retirement for organizational changes
§ 56Beginning of the inception Retirement
§ 57Revocation
§ 58End of the Single-digit retirement
§ 59Retired Retired Jurisdiction

Section 6
Legal Status In The Beamtenratio
Subsection 1
General obligations and rights

§ 60 Basic Obligations
§ 61Perception of Tasks, Behavior
§ 62 Follow-up
§ 63Responsibility for legality
§ 64Eidespflicht, Eidesformula
§ 65Liberation of official acts
§ 66Prohibition of the management of the service business
§ 67 Confidentiality Obligation
§ 68Disappearance of the Exemption Approval
§ 69 Reviewer
§ 70Information to the media
§  71Ban on the acceptance of rewards, gifts and other benefits
§ 72Election of the Apartment
§ 73Residence Permit
§ 74 Service clothes
§ 75duty to pay damages
§ 76 Transition of a claim for damages against third parties
§ 77Non-performance of duties
§ 78Dienstherrn Duty of care
§ 79maternity protection, parental leave and parental leave Youth employment protection
§ 80Aid in sickness, care and birth cases
§ 81 Travel Cost
§ 82Recharge Cost
§ 83 Separation Money
§ 84Jubilee allowance
§ 84a Return to much paid cash benefits
§ 85Service Certificate
§ 86Local

Subsection 2
Working


§ 87 Working time
§ 88Multi-work
§ 89 Recreation Holidays
§ 90Holidays from other events, Mandate bearers and mandatbearers
§ 91parttime
§ 92Part-time family-related Leave of absence
§ 92aFamily maintenance time
§ 93 Part time part time
§ 94hint duty
§ 95 A leave of absence
§ 96Remote from

Subsection 3
secondary activity

§ 97Definitions
§ 98 Civil service secondary activity
§ 99Secondary activities subject to approval
§ 100Secondary activities not subject to approval
§ 101Exercizing Ancillary activities
§ 102Right of recourse for liability of secondary activity arranged
§ 103Erdelete of the secondary activity connected to the main office
§ 104Decree Legal Regulations
§ 105Display obligation after termination of the civil service

Subsection 4
Human Resources Law

§ 106Personnel file
§ 107 Access to personnel file
§ 108State aid file
§ 109 Hearing duty
§ 110Right of view
§ 111 Presentation of personal files and information to third parties
§ 111aCollection and use of human resources data in the Order
§ 112Removal of documents
§ 113 Retention Deadline
§ 114Automated processing of labor force data
§ 115Submissions in criminal

Section 7
Officials of the Officials

§ 116Membership in trade unions and professional associations
§ 117Staff representation
§ 118Top Organizations

Section 8
Federal Personality Committee

§ 119Tasks
§ 120Members
§ 121Legal status of members
§ 122Rules of Procedure
§ 123Sessions and decisions
§ 124Information survey, information and mutual assistance

Section 9
Appeal and legal protection

125Service Applications and complaints
§ 126Administrative rights path
§ 127 Representation of the Dienstherrn
§ 128Delivery of dispositions and

Section 10
Special Legal relationships

service
129Officials and Officials of the Top Federal Institutions
§ 130Scientific and executive staff of the federal universities
§ 131 Setting requirements for university teachers and academic staff members
§ 132 The position of the main academic and senior staff of the universities
§ 133 Honorary Officials

Section 11
Reformation of bodies

§ 134 Reformation of a corporation
§ 135Consequences of legal consequences
§ 136 Legal status of civil servants
§ 137Legal status of the care recipients Utility

Section 12
Voltage and Defense Case,
Used abroad

§ 138 Scope
§ 139Defense service service
§ 140Dismissal and retirement
§ 141Revocation of retired civil servants and Retirement officers
§ 142Committed to community accommodation and multi-time work
§ 143 Usages abroad

Section 13
Transitions and Final Provisions

§ 144 Top decision law of the federal authorities
§ 145Legal Regulations, Implementing Regulations
§ 146Public Religious Societies
§ 147 Transition

Section 1
General Rules

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§ 1 Scope

This Act applies to federal civil servants, unless otherwise provided for by law. Non-official table of contents

§ 2 Diensthernability

The right to have civil servants and civil servants have the federal government as well as federal law Bodies, institutions and foundations of public law which have this right at the time of the entry into force of this law or which are subsequently conferred by law or under a law. Non-official table of contents

§ 3 Definitions

(1) The Chief of Service of the official or the official is the supreme authority of a servant's head, in whose division the civil servant or the official shall take office.(2) A service supervisors or service supervisors shall be responsible for taking decisions on the personal affairs of the officials and civil servants assigned to him or her.(3) The supervisor or supervisor shall be who may give official orders.(4) The service supervisor and pre-set property is determined by the structure of the administration.

Section 2
Officials ratio

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§ 4 Officials ' Ratio

Officials and officials are in a public service and loyalty ratio (civil service ratio). Non-official table of contents

§ 5 Admissibility of the civil service relationship

The appointment to the civil service relationship is only permitted for perception
1.
Hoeness tasks, or
2.
of tasks that are required to secure the state or of public life, not only persons in a private-law relationship.
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§ 6 Types of civil servants ' relationship

(1) The civil service ratio at the time of life serves the permanent perception of tasks according to § 5. It forms the rule.(2) The civil service ratio on time is permitted in legally specified cases and is used for the limited-time performance of tasks according to § 5. In the case of the civil servant relationship, the rules on the civil service ratio apply accordingly, unless otherwise provided by law.(3) The duty ratio on the sample is for the performance of a sample time
1.
for later use at life time or
2.
to transmit an office with a conductive function.
(4) The service ratio for revocation serves
1.
the performance of a preparation service or
2.
the temporary perception of tasks by § 5.
(5) The honorary civil service shall be used for the free exercise of tasks pursuant to § 5. It cannot be converted into a civil service of a different kind, and such a relationship cannot be converted into an honorary civil servant relationship. Non-official table of contents

§ 7 Conditions of the civil service relationship

(1) The civil servant's relationship may be appointed to who
1.
German or German within the meaning of Article 116 (1) of the Basic Law, or the Nationality
a)
of another Member State of the European Union or
b)
of another Contracting State of the Agreement on the European Economic Area or
c)
The third country to which the Federal Republic of Germany and the European Union have contractually accorded the right to the recognition of professional qualifications,
has,
2.
the guarantee of entering at any time for the free democratic basic order within the meaning of the Basic Law, and
3.
a)
die for the appropriate runway (
)
(2) When the tasks are performed, the following tasks are: , only one German or one German within the meaning of Article 116 of the Basic Law may be appointed to an official relationship.(3) The Federal Ministry of the Interior may allow exceptions to the provisions of paragraph 1 (1) and (2) if there is an urgent service requirement for the appointment of the civil servant or the official. Unofficial Table Of Contents

§ 8 Job Vacancy

(1) Posts to be filled out are to be issued. The call for tenders must be open to the public when recruiters are recruited. Exceptions to sentences 1 and 2 can be regulated by the Federal Government by means of a decree law.(2) The type of invitation to tender shall be governed by the supreme service authority in accordance with the provisions of Section 6 of the Federal Employment Equality Act. Non-official table of contents

§ 9 Selection criteria

The selection of applicants depends on their suitability, competence and professional qualifications. Performance regardless of gender, descent, race or ethnic origin, disability, religion or beliefs, political views, origin, relationships or sexual identity. This does not preclude legal measures to enforce real equality in working life, in particular, quota regulations with individual examination of cases and the promotion of severely disabled people. Non-official table of contents

§ 10 Appointment

(1) An appointment requires a
1.
Justification of the Service Ratio,
2.
Transformation of the civil service ratio to such other Type,
3.
Awarding of another office with a different final basic salary and other official designation or
4.
Awarding another office with a different title when changing the category.
(2) The appointment is done by handing out a certificate of appointment. In the document, it must be included in the document
1.
on the basis of the civil service relationship, the words "on the basis of the civil service relationship" with that of the type of "lifetime", "rehearsals", "on rehearsals", "on revocation" or "as honorary official" or "as honorary officer" or "on time" with the indication of the duration of the appeal,
2.
in converting the civil service ratio to such a different type, the words determining these types according to number 1 and
3.
at the award of an office the official title.
(3) With the justification of a civil servant's relationship on the sample, at life time and at the same time an office is awarded. Non-official table of contents

§ 11 Prerequisites for appointment to life time

(1) Only a lifetime official or a life-time official may be , who
1.
meets the requirements specified in § 7 and
2.
a trial period in full.
To determine the probation, a strict benchmark is applicable. The trial period lasts at least three years. The calculation of an equivalent activity may be provided for up to a minimum period of one year. The Federal Government regulates by means of a regulation the details, in particular the criteria and the procedure of the probation of probation, the calculation of times as well as exceptions from the probative period, including the minimum probetime.(2) A proportion of the civil servants in the sample shall be converted into such a lifetime at the latest after five years, if the conditions of the civil service are fulfilled. The time limit is extended by the time the trial period is extended due to parental leave or a leave of absence under the omission of the remuneration. Non-official table of contents

§ 12 Responsibility and effectiveness of the appointment

(1) The Federal President or the Federal President or one of her The official shall appoint him or her designated authority, unless otherwise provided by law.(2) The appointment shall take effect with the day of the handing out of the appointment certificate, if not expressly a later date is determined in the document. An appointment to a past date shall be inadmissible and inapplicable to the extent that it is not effective.(3) With the appointment, a private-legal relationship with the Dienstherrn shall be issued. Non-official table of contents

§ 13 Invalidity of the appointment

(1) The appointment is void if
1.
it does not correspond to the form prescribed in § 10 paragraph 2,
2.
it was pronounced by a factually uncompetent authority or
3.
at the time of appointment
a)
No appointment was allowed under § 7 para. 1 No. 1 and no exception was allowed under § 7 para. 3 or
b)
the ability to perform public offices.
(2) The appointment must be considered effective from the beginning when
1.
in the case referred to in paragraph 1, point 1, from the document or from the file contents, it is clear that the for the appointment of a competent body, establish a specific civil service relationship or convert an existing civil service to such a different kind, for which the other conditions are available, and the one or the service officer in writing; the same shall apply if the duration is missing, but the duration is determined by law,
2.
in the case referred to in paragraph 1 (2), the The competent authority shall confirm the appointment or
3.
in the case referred to in paragraph 1 (3) (a) an exception to § 7 (3) shall be admitted retrospectively.
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§ 14 Withdrawal of the appointment

(1) The appointment must also be withdrawn for the past, if
1.
brought about by coercion, deception, or bribery,
2.
The Dienstherrn was not aware that the person appointed is legally convicted for a criminal offence and is therefore unworthy of the appointment to the civil servant , or
3.
the appointment under Section 7 (2) was not allowed to take place and an exception according to § 7 (3) was not permitted and an exception was not retrospected.
(2) The appointment shall be withdrawn if the Dienstherrn was not known to have been subject to disciplinary proceedings against the person appointed for removal from the civil service relationship or to withdraw from the pension was recognized. This shall also apply where the decision has been taken against an official or an official of the European Union or of a State in accordance with Article 7 (1) (1).(3) The supreme service authority shall withdraw the appointment within six months after having become aware of it and the reason for the withdrawal. The notice of withdrawal shall be sent to the official or to the official. Non-official table of contents

§ 15 Legal consequences of non-compliance or reputable appointments

Is the first appointment void or withdrawn , shall prohibit any further exercise of the business activities of the service or service staff. In the event of a nullity, the prohibition shall not be issued until the competent authority has refused to confirm the appointment or, in accordance with section 7 (3), the derogation shall not be subsequently admitted. The official acts carried out up to the prohibition or until the date of delivery of the declaration of withdrawal shall be valid in the same way as if a civil servant or a civil servant had carried out the act. The paid pay can be left.

Section 3
runways

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§ 16 Career

(1) A career path includes all posts that require related and equivalent pre- and training courses.(2) The ability to pursue a career in which to set, change or move from another tenor is to be established and to be notified in writing to the official or to the official. The same applies if the official or the official is taken over as a result of the reformation of a body or by law enters into the service of the receiving body. Non-official table of contents

§ 17 Admission to runways

(1) For admission to the runways, the educational courses and their degrees will be Runways, taking into account the requirements associated with the runway.(2) For the admission to the simple service careers, at least
1.
as Educational requirement
a)
the successful visit of a primary school or
b)
an equivalent recognized education level
2.
as other prerequisite
a)
a preparation service or
b)
completed vocational training.
(3) For admission to the middle-service runways, at least to ask for
1.
as an educational requirement
a)
the completion of a real school or
b)
the successful visit of a primary school and completed vocational training or
c)
the successful attendance at a primary school and an education in a public-law training relationship or
d)
an educational level recognised as equivalent
2.
as other prerequisite
a)
a preparation service completed with a runway check, or
b)
a content-related Requirements for completed vocational training or
c)
completed vocational training and a main professional activity.
(4) For the To be admitted to the running tracks of the upscale service are at least required
1.
as Education requirement
a)
a school education that entitles you to a university degree or
b)
an educational level recognized as equivalent,
2.
other than Prerequisite
a)
a preparation service completed with a runway check or
b)
a university degree or an equivalent degree equivalent to a Bachelor's degree or
c)
a bachelor's degree or an equivalent degree and a major professional activity
(5) For admission to the running tracks of the higher service are at least required
1.
as an educational requirement
a)
a master degree in university or
b)
an equivalent degree and
2.
as other prerequisite
a)
a preparation service completed with a runway check, or
b)
a content corresponding to the preparation service and an examination corresponding to the content of the runway examination or
c)
a main professional activity.
(6) Pre-and training, exam, and other requirements must be suitable for providing the skills for the career.(7) The Federal Government may allow exceptions to paragraphs 2 to 5 by means of a legal regulation. Non-official table of contents

§ 18 Recognition of career qualifications as a result of Directive 2005 /36/EC and acquired in third countries Professional qualifications

(1) The runway capability can also be based on
1.
of Directive 2005 /36/EC of the European Parliament and of the Council of 7 On the recognition of professional qualifications (OJ L 327, 28.12.2005, p. OJ L 255, 30.9.2005, p. 22, L 271, 16.10.2007, p. 18, L 93, 4.4.2008, p. 28, L 33, 3.2.2009, p. 49), as last amended by Directive 2013 /55/EU (OJ L 255, 30.9.2008, p. 132),
2.
of a contract concluded with a third country, in which the Federal Republic of Germany and the European Union have been granted a right to recognition of professional qualifications, or
3.
preparatory to an activity in a public administration professional qualification acquired in a third country not covered by Article 7 (1) (1) (1) (c),
.(2) The German language must be controlled in the measure necessary for the performance of the tasks of the career.(3) The competent authority shall charge fees and expenses for the purpose of covering the administrative burden on individually attributable public services in procedures for the recognition of the career qualifications referred to in paragraph 1.(4) The Federal Ministry of the Interior shall be empowered to determine by means of a regulation the conditions and the procedure for the recognition and the chargeable facts and the amount of the fees referred to in paragraph 3.(5) The Professional Qualification Order Act shall not apply with the exception of § 17. Non-official table of contents

§ 19 Other Applicants

The Federal Human Rights Committee or any independent of its own The Committee shall determine who has acquired the qualifications for a career without the required pre-education through life and work experience. Non-official table of contents

§ 20 Setting

The setting to a higher office than the entrance office of the career is allowed with appropriate professional experience or other qualifications acquired in addition to the diplomas and professional experience required for the recognition of career qualifications. The Federal Government is regulated by the Federal Government by means of a regulation. Non-official table of contents

§ 21 Service assessment

Suitability, empowerment and professional performance of the civil servants are regularly . The Federal Government may rule out exceptions to the duty of assessment by means of a legal regulation. Non-official table of contents

§ 22 Transport

(1) The principles of § 9 apply to promotions. If the selection decision is made on the basis of official assessments, the end of the last assessment period shall not be less than three years at the time of the selection decision.(2) promotions associated with a higher-order function shall require a period of probation of at least six months.(3) Offices which have to be run regularly after the design of the career path must not be skipped.(4) A promotion is not allowed before the end of a year
1.
since the setting in the Servant ratio on probe or
2.
a)
since it was set to life-time or
b)
since the last Transport,
unless the previous office has not had to undergo regular training.
(5) Prior to the change to an office of a higher career group, an appropriate qualification shall be proven by an examination. The federal government regulates the conditions and the procedure by means of a decree law.(6) The Federal Personality Committee may grant exemptions from paragraphs 2 to 4 if it does not regulate the Federal Government by means of a regulation. A non-official table of contents

§ 23 Carriage barrier between two mandates

: A civil servant or a member of the European Parliament, a member of the European Parliament, the German Bundestag or the legislative body of a country shall resign and apply for a mandate at that time, the transfer of another office with a higher final basic salary and the transfer of another office in the event of a change of the category are not permitted. The first sentence shall apply for the period between two electoral periods. Non-official table of contents

§ 24 Guide Offices on Probe

(1) An office with a conductive function is first transferred to the sample in the official ratio. The regular trial period is two years. The supreme service authority may allow a reduction if a higher-order function is transferred before the end of the trial period, or if the function as permanent representation of the incumbant or the incumbant is actually at least six months has been perceived. The minimum probetime is one year. Periods in which the executive function or equivalent function has already been transferred as a judge or judge or as a civil servant or official of the Bundesbesoldung Regulations B, W or C may be credited. A prolongation of the trial period is not allowed unless the minimum trial period could not be provided due to parental leave. In the case of leave of absence in the interest of the service, it is possible to leave the probative period. Section 22 (2) and (4) No 1 shall not apply.(2) In an office with a senior function, it may be called who
1.
is in an official relationship The term "life time" and
2.
could also be called into this office as a civil servant for life or a civil servant on a lifetime.
The appointment shall be suspended for the duration of the term of office. the probative period the rights and obligations arising from the last post in the civil servant relationship with the exception of the obligation of secrecy and the prohibition of acceptance of rewards, gifts and other benefits. The civil service life-time ratio persists. Any service that has been committed in relation to the civil servant's relationship to life or to the civil servant relationship shall be pursued as if the official or the official is only a life-time civil servant.(3) The Federal Personality Committee may grant exemptions from the first sentence of paragraph 2 if it does not regulate the Federal Government by means of a decree-law. Where there is only a sample of civil servants in the sample referred to in paragraph 1, the regular probaation period shall be three years and the minimum probetime shall be two years. The provisions of the Federal disciplinary law applicable to the sample and officials on the sample shall remain unaffected.(4) With the successful completion of the probaal period, the Office shall be transferred in the period of life in the civil servant relationship in accordance with paragraph 1. It is not permissible to re-appeal to a sample of a sample for the transfer of this office within one year. If the Office is not transferred in the long term, the right to remuneration shall be removed from this Office. Further claims do not exist.(5) Offices within the meaning of paragraph 1 are offices of grades B 6 to B 9 in supreme federal authorities, as well as the offices of the heads of the other federal authorities and of the federal authorities, who are members of the grade B Bodies, institutions and foundations of public law, if they do not have judicial independence. The Office of the Director and the Director of the Federal Constitutional Court, as well as the functions of the Deputy Director and Deputy Director of the Federal Council, are excluded.(6) During their term of office, officials shall only serve as the official name of the office entrusted to them under paragraph 1. They may only lead them outside the service. Where the Office referred to in paragraph 1 is not transferred in the long term, it shall not be allowed to continue the term of office in accordance with the first sentence of the first sentence after leaving the official/servant relationship. Non-official table of contents

§ 25 Prohibition of deprivation

Pregnancy, maternity and parental leave may apply to the setting and to the It does not adversely affect professional progress. This also applies for part-time, teleworking and family-related leave of absence, if there are not compelling factual reasons. Non-official table of contents

§ 26 Legal regulation on runways

(1) The Federal Government is authorized to act by law in accordance with § § § § § § § § § § § § § § § § 16 to 25
1.
General regulations on the careers and preparatory services of the officials and Officials and
2.
special regulations for the individual runways and preparation services
to be issued.(2) The Federal Government may delegate the power referred to in paragraph 1 (2) by means of a legal regulation to the highest service authorities.

Section 4
secondability, transfer and assignment

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§ 27 secondment

(1) A secondment is the temporary transfer of one of the Officials or the Officials in the case of another service of the same or of another servant's office, while maintaining the service to the former service. The arrangement may be carried out in whole or in part.(2) A secondhand is also possible, in whole or in part, to an activity which does not correspond to the former position, if the perception of the new activity is reasonable on the basis of pre-training or vocational training. In this connection, the secondhand shall also be permitted for an activity which does not correspond to an office with the same final basic salary.(3) The secondhand shall require the consent of the official or of the official if they are
1.
in the case of paragraph 2 takes longer than two years or
2.
takes place on another Dienstherrn.
The secondhand to another Dienstherrn is admissible without consent if the The activity of an office with the same final basic salary also corresponds to a different career path and does not last longer than five years.(4) The secondhand to another Dienstherrn shall be provided by the donor in agreement with the receiving Dienstherrn. The agreement shall be declared in writing.(5) Government officials and civil servants of the Federal Republic of Germany, a municipality, a community association or any other body not under the authority of the Federal Government, the institution or the foundation under the public law governing temporary employment , unless otherwise agreed between the servants, the provisions applicable to the area of the receiving dienthel shall be applied in accordance with the obligations and rights of officials, with the exception of the Regulations on the oath of service, designation of office, payment of salaries, health care services and care.(6) The obligation to pay the remuneration also has the dienstherr to which the secondment has been effected. Unofficial table of contents

§ 28 transfer

(1) A transfer is the duration of the transfer of another office to another. Place of service with the same or any other Dienstherrn.(2) A transfer shall be admissible at the request of the official or of the official, or for service reasons, without their consent or consent, if the Office is connected to at least the same final basic salary as the previous Office, and the activity on the basis of the Pre-education or vocational training can be expected.(3) In the event of a dissolution or a substantial change in the structure or tasks of an authority or the merger of authorities, officials whose remit is affected shall be able to do so without their consent to a different office of the same authority. or a different career with a lower final basic salary in the same area of the same person, if such use is not possible in accordance with the previous office. The final basic salary must be at least equal to that of the Office, which the official or the official has carried out before the former Office. Civil servants are obliged to take part in qualification measures to acquire the qualification for another career.(4) The suspension of the consent of the civil servant or of the official shall also be required.(5) The transferor shall be provided by the donor in agreement with the receiving Dienstherrn (s). The agreement shall be declared in writing. Non-official table of contents

§ 29 Assignment

(1) Officials may, with their consent, temporarily or in whole or in part one of their duties. Corresponding activity
1.
at a public institution with no capacity for service or public interest, or
2.
for another setup when a public interest requires it,
. The decision shall be taken by the supreme service authority or by a body designated by it.(2) Officials of a department which, in whole or in part, is converted into a publicly-organised non-dientable body or a private-sector body of the public sector, may also be without if public interests so require, their consent shall be assigned to their duties in this institution.(3) The legal status of civil servants remains unaffected.

Section 5
Termination of the civil service relationship

Subsection 1
Dismissal

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§ 30 Termination Reasons

The civil servant ratio ends with
1.
dismissal,
2.
loss of civil servants rights,
3.
Distance from the civil servant relationship according to the Federal Disciplinary Act or
4.
Admission or Displacement retiring.
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§ 31 dismissal of power law

(1) Officials are dismissed if
1.
the requirements of § 7 para. 1 no. 1 no longer exist and an exception according to § 7 paragraph 3 also not subsequently admitted or
2.
it is not admitted to a public service or an official relationship to another servant's office or to a facility without Dientability under German law shall be appointed or appointed as a professional soldier, professional soldier, time or soldier on time, unless otherwise provided by law.
Sentence 1 (2) shall not apply if
1.
the official or the official in an official relationship for revocation or an honorary officer ratio or
2.
at its discretion, the supreme service authority has ordered the continuation of the civil service relationship before the official or the official in the service or In the case of dienstherren within the meaning of the Staff Status Law, the continuation may only be arranged with their agreement.
(2) The supreme service authority shall decide whether the conditions set out in the first sentence of paragraph 1 are met and shall determine the date of termination of the civil service relationship. Non-official table of contents

§ 32 Dismissal for compelling reasons

(1) Officials are to be dismissed if they are
1.
deny the service oath or a vow prescribed at its place,
2.
cannot be relocated or retired because a service-legal wait time is not satisfied, or
3.
at the time of the appointment of the holder or holder of an office incompatible with the mandate, member of the German Bundestag or of the European Parliament, and
() Officials and civil servants may be dismissed if, in the cases of Section 7 (2), they are German or German in the sense of the Article 116 (1) of the Basic Law. Non-official table of contents

§ 33 Dismissal on request

(1) Officials are to be dismissed if they are sent to the competent authority request in writing their dismissal. The declaration may be withdrawn within two weeks of access by the competent authority as long as the decree has not yet been received, with the agreement of the competent authority, even after the expiry of that period.(2) The dismissal may be required at any time. It shall be pronounced in respect of the requested date. It may, however, be postponed until the official or the official duly completed the tasks assigned to him or her, for a maximum period of three months. Non-official table of contents

§ 34 Dismissal of a sample and civil servant on a sample

(1) Officials on the sample and officials on the sample in the sense of the § 6 (3) sentence 1 may also be dismissed if there is one of the following grounds for dismissal:
1.
a behaviour in the civil servant relationship as a result of at least one reduction in remuneration,
2.
missing parole within the meaning of § 11 para. 1 sentence 1 no. 2,
3.
Service inability without retiring or
4.
Resolution or a substantial change in the structure or tasks of the employment authority or its merger with another authority if the area of responsibility is affected and is not otherwise possible.
In the case of In the case of a lack of health competence alone, and in the case of point 3, it must be considered for other purposes.(2) The deadline for dismissal is at an employment time
1.
to the end of three months two weeks at the end of the month and
2.
of more than three months six weeks at the end of a calendar quarter.
As a period of employment, the period of uninterrupted activity in the civil servant relationship shall apply in the Area of the same top service authority.(3) In the case referred to in paragraph 1 (1), dismissal shall be possible without respect for a period of time. § § 21 to 29 of the Federal disciplinary law are to be applied accordingly.(4) Staff officials on the sample and officials on the sample shall be released at the end of the month in which they reach the age limit in the civil service ratio. Non-official table of contents

§ 35 Dismissal of civil servants in management posts on a sample

Officials in offices with senior officials The function is
1.
with expiration of the trial period in accordance with § 24 para. 1,
2.
with termination of the Life-Time Officer Ratio,
3.
with offset to another Dienstherrn,
4.
setting at least one reduction in the service references as a disciplinary measure or
5.
in the cases, where there is only a proportion of the civil service on the sample, at the end of the month in which they reach the age limit applicable in the civil service relationship,
from the civil service relationship on the sample in accordance with section 24 (1). § § 31 to 33 shall remain unaffected. Section 34 (1) shall apply accordingly. Non-official table of contents

§ 36 Dismissal of political officials on trial and political officials on trial

Political officials and political officials who are in a civil service relationship can be dismissed at any time from the sample. Non-official table of contents

§ 37 Dismissal of civil servants on revocation and civil servants on revocation

(1) Officials on revocation and officials on revocation can be dismissed at any time. The dismissal is possible without the need to comply with a deadline. Section 34 (4) shall apply accordingly.(2) Officials for revocation and officers for revocation in the preparatory service shall be given the opportunity to carry out the preparatory service and to take the examination. They are dismissed from the civil service relationship at the end of the day, at which they
1.
the existence or final failure of the examination, or
2.
the final non-existence of a mandatory intermediate check
is announced. Non-official table of contents

§ 38 Procedure of dismissal

Unless otherwise specified by law, the dismissal of the site shall be replaced by in writing, which would be responsible for the appointment. In the case of § 32 (1) (1), the dismissal shall become effective with the delivery of the month of the month following the month in which the official or the official is sent the decree. Non-official table of contents

§ 39 Consequences of dismissal

After dismissal, there is no claim to remuneration and care, to the extent that: nothing else is determined. The supreme service authority may grant permission to use the office name with the addition "out of service" or " a. D. " as well as the title given in connection with the Office. Permission can be withdrawn if the former official or the former official proves to be unworthy of her. The supreme service authority may delegate the power to subordinate authorities in accordance with sentences 2 and 3. Non-official table of contents

§ 40 Departure of elections or takeover of political offices

(1) Officials have to leave office, if they accept the election to the European Parliament or to the German Bundestag. The more detailed is a law. For civil servants who have been elected to the legislative body of a country and whose office is incompatible with the mandate of the law, the officials elected to the German Bundestag shall apply to the relevant officials. Regulations of § § 5 to 7, 8 para. 2, § § 9, 23 para. 5 and § 36 para. 1 of the German Act on Members of the Bundestag accordingly.(2) If officials are appointed as a member of the government of a country, § 18 (1) and (2) of the Federal Ministers ' Act shall apply accordingly. This also applies to the entry into an official relationship, which corresponds to the Parliamentary State Secretary in the sense of the law on the legal relations of the Parliamentary State Secretaries.(3) In the case of admission to a local municipal electoral officer ratio, § 31, first sentence, no. 2 shall not apply. The rights and obligations arising from the last office held in the civil service relationship shall rest for the duration of the electoral civil service, with the exception of the obligation to secrecy and the prohibition of acceptance of rewards, gifts and other Advantages. Officials shall return to their employment relationship after the end of their term of office, subject to the transfer of their last office, provided that they have not yet reached the age limit applicable to them at that time. After the termination of the electoral civil service, the officials receive the remuneration from the office which was last held in the civil service relationship of the Federal Government. If the return after the termination of the electoral officer's relationship is rejected or not followed, they shall be dismissed. The dismissal shall be provided in writing by the body responsible for the appointment. The dismissal shall enter into force at the end of the month following the month in which the deprivation of the dismissal is delivered. Non-official table of contents

§ 41 Loss of civil servants ' rights

(1) Officials in ordinary criminal proceedings shall be subject to the judgment of a German court
1.
because of an intentional act of imprisonment of at least one year or
2.
because of an intentional act that is based on the rules on peace treason, treason, endangering the democratic rule of law or treason and endangering the outside world Security or, to the extent that the act refers to a diary in the main office, is punishable by bribery, is sentenced to a term of imprisonment of at least six months
, the civil servant's relationship ends with the legal force of the judgment. The same applies if the ability to carry out public office is cancelled or if officials have a fundamental right under Article 18 of the Basic Law because of a decision of the Federal Constitutional Court.(2) After termination of the civil service relationship referred to in paragraph 1, there shall be no claim to remuneration and supply, unless otherwise provided by law. The official title and the title given in connection with the Office may not be continued. Non-official table of contents

§ 42 Impact of a retrial

(1) If a decision has resulted in the loss of the civil servant rights, the decision will be taken in the Retaking proceedings shall be replaced by a decision which does not have this effect, the civil servant relationship shall be deemed not to have been interrupted. Officials who have not yet reached the age limit and are capable of service shall be entitled to the transfer of an office of the same or at least equivalent career as their previous office and with at least the same career Final salary. Until the transfer of the new office, they will receive the remuneration that would have been granted to them from their previous office.(2) If, on the basis of the facts established in the retrial, or on the basis of a final judgment handed down after the previous decision, a disciplinary procedure with the aim of removal from the civil servant's relationship shall be , the civil servant or the official shall lose the rights to which he or she is entitled in accordance with paragraph 1 of this Article if it is recognised at a distance from the civil servant's relationship. Up to the legal force of the decision, the claims cannot be asserted.(3) Paragraph 2 shall apply in cases of dismissal of officials on the sample and officials on a sample or of officials on revocation and civil servants on revocation for a conduct within the meaning of Section 34 (1) (1).(4) The remuneration referred to in the third sentence of paragraph 1 shall be deducted from any other income or maintenance contribution. The civil servants are obliged to provide information on this subject. Non-official table of contents

§ 43 Right of grace

The President of the Federal Republic of Germany or the President of the Federal Republic of Germany or of the Federal President, or of the Federal President, is entitled to in respect of the loss of civil servants ' rights, the right to grace. If the loss of civil servants ' rights is fully removed in the course of grace, § 42 shall apply accordingly.

Subsection 2
serviceability

Unofficial Table of Contents

§ 44 Incapacity to Incapacity

(1) Time of life of the official for life or of the civil servant is to be retired if: She or he is permanently incapacitated (incapacitated) because of the physical condition or for health reasons to fulfil the duties of the service. It may also be considered incapable of inservice who, as a result of illness, has not done a service for more than three months within six months, if there is no prospect that the serviceability will be fully restored within another six months. is. Retirement will not be transferred to anyone else who can be used.(2) Any other use shall be possible if another office, including another career, may be transferred. The transfer of another office without consent shall be admissible if the new office belongs to the same person's office, it is connected to at least the same final basic salary as the previous office and it is to be expected that the official or the Officials shall meet the health requirements of the new Office.(3) In order to avoid retirement, a civil servant or an official may, without the consent of the office being transferred, also carry on a low-level activity if it is not possible to use it in any other way; and the perception of the new task can be expected in the light of the previous work.(4) In order to avoid retirement, the official or the official may, after the acquisition of the qualification for a new career, be transferred to an office of this career with a lower basic salary, even without the consent of the person concerned, if one of the following: Corresponding use is not possible and the perception of the new task can be expected in the light of the previous work. The new office must be assigned to the same career group as the current office. No appointment is required for the transfer.(5) The official or official who does not have the qualification for another career shall be obliged to take part in qualification measures for the acquisition of the new qualification.(6) There are doubts as to the invalidity of the service, the obligation is to have a medical examination under the authority of the Authority and, if it is considered necessary from an official medical point of view, to be observed.(7) Legal provisions which determine other conditions for the assessment of invalidity for individual groups of civil servants remain unaffected. Unofficial table of contents

§ 45 Limited serviceability

(1) Retirement from retirement due to incapacity to retire is to be seen if the Official or official, while maintaining the office being transferred, can still fulfil official duties during at least half of the regular working time (limited service). The limited serviceability shall be waited if the official or the official in accordance with Section 44 (2) or (3) can be transferred to another office or to a low-level activity.(2) Working time shall be reduced in accordance with the limited service capacity. With the consent of the official or the official, it is also possible to use it in an activity which does not correspond to the Office.(3) The authority responsible for the appointment shall decide on the determination of the limited serviceability. The rules on invalidity shall apply mutatily to the procedure. Unofficial table of contents

§ 46 Restoration of serviceability

(1) Officials who are retiring due to incapacity to work , they are obliged to return to the civil service relationship if they have an office of their former or another career with at least the same final basic salary in the field of service of their former Diensconrn. and is to be expected to meet the health requirements of the new office. The Dienstherr is obliged to check the existence of the conditions for invalidity at regular intervals, unless the circumstances of the individual case do not take into account a renewed appeal to the civil service relationship.(2) Officials who have been retired due to invalidity may also be transferred to a low-level activity, subject to the transfer of an office of their former career referred to in paragraph 1, if another It is not possible to use them and the perception of the new task can be presumed to be taken into account in the light of their previous activities.(3) Officials who do not have the qualifications for the other career have to take part in qualification measures for the acquisition of the new qualification.(4) Officials shall be obliged to take part in appropriate and reasonable health and professional rehabilitation measures in order to restore their capacity to work. This obligation also applies to the avoidance of an imminent incapacity for service. They shall be obliged to refer to this obligation prior to the retirement, unless, in the circumstances of the individual case, a renewed appeal to the civil servant relationship is not possible. Unless there are any other claims, the Dienstherr has to bear the costs of the necessary health and professional rehabilitation measures.(5) If there are no compelling service reasons, apply for a renewed appeal in the civil service relationship after revocation of the service's capacity to service.(6) The renewed appointment to a civil servant relationship is also possible in the cases of limited serviceability.(7) In order to verify their serviceability, officials shall be required to have the authority examined by a medical examination. They may request such an investigation if they submit a request for renewed appeal in the civil service relationship.(8) In the case of a renewed appeal, the former civil servant relationship shall be deemed to be continued. Unofficial table of contents

§ 47 Incapacity procedure

(1) The official or official shall hold the official or the official on the basis of a medical opinion on the state of health of incapacitated persons and is not possible for any other use, or if the conditions for a limited service are not available, it shall inform the official or the official that: the retirement is intended to be relocated. The reasons for the retirement shall be indicated.(2) The official or official may collect objections within one month. After that, the authority responsible for the appointment shall decide on the retirement with the consent of the supreme service authority or the body designated by it, unless otherwise provided by law. The supreme service authority may determine that its consent is not required.(3) The enforcement order shall be sent to the official in writing or to the official. It can be taken back to the beginning of retirement.(4) The retirement shall begin with the end of the month in which the retirement has been announced to the official or to the official. At that time, the remuneration shall be retained which exceeds the pension. Unofficial Table Of Contents

§ 48 Medical Examination

(1) In the cases of § § 44 to 47, the competent authority can only investigate the medical examination a general practitioner or a doctor, or a doctor, who is approved as a reviewer or a doctor. The supreme service authority determines which doctor or which doctor can be charged with the production of expert opinions. It may delegate this power to subordinated authorities.The physician or the physician shall, on a case-by-case basis, inform the Authority of the reasons for its opinion, in so far as they are aware of it for the Authority, having regard to the principle of proportionality of the decision to be taken by the doctor. is required. This communication shall be sent in a separate and sealed envelope and sealed to the personnel file. It may only be used for the purposes of the decision of the cases referred to in paragraph 1.(3) At the beginning of the investigation, the official or the official shall be informed of the purpose of the investigation and of the obligation to notify pursuant to paragraph 2. The medical practitioner or the doctor shall transmit to the official or to the official, or, in the case of medical reasons, to one or one authorised representative, a double of the notification referred to in paragraph 2. Non-official table of contents

§ 49 retirement of civil servants ' relationship to the sample due to incapacity

(1) sample and civil servants on the sample are if they have become incapaciated as a result of illness, injury or other damage which they have suffered without gross negligence on the part of the service or from the cause of the service.(2) Staff officers on the sample and officials on a sample may be retired if they have become incapaciated for other reasons. The decision shall be taken by the supreme service authority. The power may be delegated to other authorities.(3) § § 44 to 48 with the exception of section 44 (4) shall apply accordingly.

Subsection 3
retirement age

unofficial table of contents

§ 50 waiting time

The retirement entry requires a waiting period of time, unless otherwise specified by law. Non-official table of contents

§ 51 retirement age because of the age limit

(1) Life-time civil servants and life-time officials enter the age limit. At the end of the month, they shall be retired by the age limit applicable to them. The age limit is usually completed with the completion of the 67. The age limit is reached (ruleage limit), unless another age limit (special age limit) is determined by law.(2) Life-time civil servants and civil servants who live before 1. Born in January 1947, the rule age limit is reached with the completion of the 65. Life Year. For life-time civil servants and civil servants, who are after 31 years of age. Born in December 1946, the rule age limit is raised as follows: birth-year raising
by MonateAge limityearmonth
1947 1 65 1
1948 2 65 2
1949 3 65 3
1950 4 65 4
1951 5 65 5
1952 6 65 6
1953 7 65 7
1954 8 65 8
1955 9 65 9
1956 10 65 10
1957 11 65 11
1958 12 66 0
1959 14 66 2
1960 16 66 4
1961 18 66 6
1962 20 66 8
1963 22 6610
(3) Life-time officials and civil servants in the Federal Armed Forces Fire Service will enter the end of the month in the Retirement, in which they are the 62. Full year of life. This also applies to life-time civil servants and civil servants in the runways of the fire-fighting service, who were employed in the fire service for 22 years. Officials within the meaning of sentences 1 and 2 will retire with the end of the month, in which they will be the 60. Full year of life when they are before the 1. Born in January 1952. For civil servants within the meaning of sentences 1 and 2, which shall be published after 31 December 2008. Born in December 1951, the age limit is raised as follows: Year of birth
birth of month-of-birth
at MonateAge limityear
1952
January 1 601
February 2 602
March 3 60 3
April 4 604
May 5 605
June-December 6 60 6
1953 7 60 7
1954 8 60 8
1955 9 60 9
1956 10 60 10
1957 11 60 11
1958 12 61 0
1959 14 61 2
1960 16 61 4
1961 18 61 6
1962 20 61 8
1963 22 6110
(4) Anyone who has reached the rule age limit or a specific age limit specified by law must not be appointed to the official or to the official. Whoever has been appointed is to be dismissed. Non-official table of contents

§ 52 retirement on request

(1) Life-time civil servants and civil servants can retire on their application. If
1.
it is the 62. They have completed their life year and
2.
are severely disabled within the meaning of Article 2 (2) of the Ninth Book of the Book of Social Code.
(2) Life-time, which are severely disabled within the meaning of § 2 (2) of the Ninth Book Social Code and before the 1. Born in January 1952, their application can be retire if they are 60 years old. Have completed their life year. For civil servants for life-time and civil servants who are severely disabled within the meaning of § 2 (2) of the ninth Book of the Social Code and after the 31. Born in December 1951, the age limit is raised as follows: Year of birth
birth of month-of-birth
at MonateAge limityear
1952
January 1 601
February 2 602
March 3 60 3
April 4 604
May 5 605
June-December 6 60 6
1953 7 60 7
1954 8 60 8
1955 9 60 9
1956 10 60 10
1957 11 60 11
1958 12 61 0
1959 14 61 2
1960 16 61 4
1961 18 61 6
1962 20 61 8
1963 22 6110
(3) Life-time and life-time civil servants can be retired on their application if they are 63 years old. Have completed their life year. Non-official table of contents

§ 53 postponing the entry into retirement

(1) At the request of the official or the official, the entry into the Retire for up to three years if
1.
is in the service interest and
2.
the working time is at least half of the regular weekly working time.
The application is not later than six months before the entry into the Retirement. Under the same conditions, retirement can be deferred for a particular age limit by up to three years.(1a) The application referred to in paragraph 1 shall be the same if
1.
shall be the official or official before or after Admission to the employment relationship with the federal government has been part-time or on leave of absence according to § 92 or has taken up family care in accordance with § 92a,
2.
The retirement pension that she or he would be entitled to after retirement because of the age limit is not due to the family-related absenteel periods referred to in point 1. maximum limit,
3.
working time is at least half of the regular weekly working time, and
4.
Don't stand in the way of service.
Family-related absentee times as set out in the first sentence of the first sentence are given in the official or Judicial relationship with the Federal Government or any other Dienstherrn. Entry into retirement may not exceed the duration of the family-related part-time work or leave of absence or family care period.(1b) Service concerns are in breach of the retirement age, especially when
1.
the previously perceived tasks will be omitted,
2.
Planning points are saved ,
3.
the official or the official is employed in a plan-building space,
4.
the task that the official or the official is performing is subject to a fixed rotation principle,
5.
other personaleconomic reasons to speak against onward employment or
6.
() The entry into retirement may be deferred for a maximum period of three years, with the consent of the official or the official, if
1.
The services can only be continued by this official or these officials and
2.
the working time of the official or of the official is at least half of the regular working time.
The same applies to a special Age limit.(3) Paragraphs 1 and 2 shall apply in accordance with § 24 of the Staff Regulations of Officials.(4) At the request of the official or the official, the retirement may be deferred for a maximum of two years in the presence of a service interest. This shall apply only if, for a period of not more than two years before the beginning of the month in which the current limit or the particular age limit is reached, and not more than two years thereafter, part-time employment with half of the , regular working time is authorised. The periods before and after the applicable rule age limit or the particular age limit must be of equal length. It must be before the 1. January 2017. An authorization pursuant to § 9 (2) of the Working Time Ordinance is not possible. The application shall be submitted no later than six months before the date on which part-time employment is to begin.(5) The application referred to in paragraph 4 may only be complied with if the official or the official undertakes to enter into professional obligations outside the civil service relationship only to the extent that he/she is responsible for the duration of the permit period, in which: Full-time employees are permitted to carry out secondary activities. Exceptions to this are only permitted insofar as this is compatible with the civil service relationship. The regular weekly working time for full-time employees is to be assumed. If the obligation under the first sentence is not culpable, the authorization shall be revoked with effect for the future.(6) The authorization referred to in paragraph 4 may not be revoked except in the cases referred to in the fourth sentence of paragraph 5, with effect for the future, unless the official or the official can no longer be entitled to part-time employment. If the authorization is withdrawn, after which the limit of the rule age or the special age limit has been reached, the official or the official shall retire at the end of the month in which the revocation has been made known. The provisions concerning the termination of the civil service relationship due to invalidity and the determination of the limited service capacity shall remain unaffected. Non-official table of contents

§ 54 Indent retirement

(1) The President of the Federal Republic of Germany or the Federal President may at any time be named after the following: political officials in the one-week retirement age if they are civil servants for lifetime or civil servants at life time:
1.
State Secretaries and State Secretaries, and Ministerial Directors,
2.
Other senior officials in the external service from grade B 3 to the top, ambassadors in grade A 16,
3.
Officials of the higher service of the Office for the Military shielding service, the Federal Office for the Protection of the Constitution and the Federal Intelligence Service from grade B 6 upwards,
4.
the head of the Press and Information Office of the Federal Government, its deputy and its deputy and the Deputy Spokesperson or Deputy Spokesperson of the Federal Government,
5.
the Federal Prosecutor General or the Federal Prosecutor General Bundesgerichtshof,
6.
(dropped)
7.
the President or the President of the Federal Criminal Police Office,
8.
The President or President of the Federal Police Bureau,
9.
the President or President of the Federal Office for Human Resources Management,
10.
the President of the Federal Office for the Equipment, Information Technology and Use of the German Armed Forces and
11.
the President of the Federal Republic of Germany, the President of the Federal Republic of Germany, the President of the Federal Office for Infrastructure, Environmental Protection and Services of the German Armed Forces.
(2) Legal regulations, according to which other political officials can be transferred to the incumbent retirement age unaffected. Non-official table of contents

§ 55 Preliminary Retirement for Organizational Changes

In the event of a resolution or a substantial change the organisation or tasks of a public authority or the merger of authorities may include life-time officials and civil servants whose remit is affected by them and who have an office of Bundesbesoldungsordnung (B), in which: (b) an incarnate retirement if the organisational change saves a plan office corresponding to its office and if a move is not possible. Vacant posts are to be reserved for officials who are in the process of retiring, who are suitable for this purpose. Non-official table of contents

§ 56 Start of the Preliminary Retirement

If a later date is not expressly set in each case, the first-time retirement shall begin with the date on which the transfer to the official retirement of the official or the official shall be announced, but at the latest by the end of the third month following the month of the announcement. The order can be taken back to the beginning of retirement. Non-official table of contents

§ 57 Revocation

The civil servants who are retired in the first-time retirement are obliged to: (b) revocation of a life-time civil service if a post with at least the same final basic salary is to be awarded to them in the service of their former Dienser. Non-official table of contents

§ 58 End of the Preliminary Retirement

(1) The first-time retirement ends with renewed appeal to the civil service for life.(2) The officials and civil servants who have been retired in the first-time retirement shall be deemed to be permanently retired when the limit of the control age is reached. Non-official table of contents

§ 59 Jurisdiction to retire

The retirement will be retire from the competent authority, unless otherwise provided by law. The enforcement order shall be sent to the official in writing or to the official. It can be taken back to the beginning of retirement.

Section 6
Legal status in the civil service ratio

Subsection 1
General Duties and Rights

Non-official table of contents

§ 60 Basic obligations

(1) Officials serve the whole people, not of a party. They have to carry out their duties impartially and in accordance with their duties and to take care of the well-being of the general public when taking office. Civil servants must, through their entire conduct, commit themselves to the free democratic basic order within the meaning of the Basic Law and to defend their preservation.(2) In the event of political activity, civil servants must respect the moderation and restraint which arise from their position vis-à-vis the general public and the duties of their office. Non-official table of contents

§ 61 Perception of tasks, behavior

(1) Officials have full personal commitment to their profession. shall be devoted. They have the office entrusted to them to carry out unselfishly to the best of their conscience. Their behaviour inside and outside the service must be fair to the respect and trust that their profession requires.(2) Officials shall be obliged to take part in measures of professional qualification for the maintenance or further development of their knowledge and skills. Non-official table of contents

§ 62 Follow-up

(1) Officials and officials have to advise and support their superiors. They are obliged to carry out their official instructions and to comply with their general guidelines. This shall not apply in so far as the officials are not bound by instructions in accordance with special legal provisions and are subject only to the law.(2) Officials shall have to comply with the Dienstherrn in the event of organisational change. Non-official table of contents

§ 63 Responsibility for legality

(1) Officials are responsible for the legality of their service. Actions take full personal responsibility.(2) Concerts against the legality of official orders shall be made without delay in the case of the immediate superiors or officers. If the order is maintained, if their concerns persist against their legality, they shall apply to the next highest supervisor or to the next higher-level supervisor. If the order is confirmed, the officials must execute them and are exempted from their own responsibility. This shall not apply if the behaviour which has been applied is in breach of the dignity of the human person or is punishable or unpunishable and the criminal or administrative offence is discernible for the civil servants. The confirmation shall be made in writing upon request.(3) A supervisor or superior shall require the immediate execution of the order, because the risk is in default and the decision of the superior or higher superiors cannot be brought about in good time, paragraph 2, sentence 3 to 5 shall apply. accordingly. Non-official table of contents

§ 64 Eidescompulsory, Eidesformula

(1) Officials are oath to the following: " I swear to The Basic Law and all laws in force in the Federal Republic of Germany are to be uphold and my official duties conscientiously fulfill, so help me God. "(2) The oath can also be delivered without the words" as true to me God ".(3) If an official or a civil servant, for reasons of belief or conscience, departs from the prescribed oath, the words "I swear" or another formula of bedding may be spoken instead of the words "I swear".(4) In the cases in which an exception to § 7 (3) (1) No. 1 has been admitted in accordance with Section 7 (3), an oath performance may be waited. Unless otherwise provided by law, the official shall, in such cases, have to conscientiously fulfil his or her official duties. Non-official table of contents

§ 65 Liberation of official acts

(1) Officials are to be exempted from acts that are against them or members of the family who are entitled to refuse to give evidence of their right to refuse to give evidence of family law relations in criminal proceedings.(2) Legal provisions, according to which civil servants are excluded from individual acts, remain unaffected. Non-official table of contents

§ 66 Prohibition of the management of the business operations

The top service authority or the authority designated by it may be An official or an official, for compelling official reasons, forbid the conduct of business operations. The prohibition shall cease unless a disciplinary procedure or any other proceedings initiated for the withdrawal of the appointment or termination of the civil service have been initiated against the official or the official by the end of three months. has been made. Non-official table of contents

§ 67 Obligation of Confidentiality

(1) Officials shall have their official duties on or on the occasion of their official duties. Activity known to preserve secrecy in the field of service. This also applies beyond the area of a dienser as well as after termination of the civil service relationship.(2) Paragraph 1 shall not apply as far as
1.
Communications on service is required,
2.
Faced facts that are obvious or do not require any secrecy, or
3.
an additional authority or extra-service body designated by the top service authority, a law enforcement agency, or a top service authority The following facts are suspected of corruption in accordance with § § 331 to 337 of the Criminal Code.
In addition, the legally justified obligations to notify planned offences and the maintenance of the , paragraph 1 shall be without prejudice to the free democratic basic order.(3) Officials and civil servants may not issue or make statements in court or out of court or make statements without authorisation on matters referred to in paragraph 1. The permit shall be issued by the service or service officer or, if the service has been completed, the last service or the last service officer. If the process which forms the object of the statement has occurred in the case of an earlier servant, the authorisation may only be granted with the consent of that authority.(4) Officials shall have official records, drawings, pictorial representations and records, even after the termination of the civil service, at the request of the service or service officer or the last official or last service. of any kind of service, including those relating to reproductions. The same applies to their survivors and heirs. A non-official table of contents

§ 68 Failure to accept the consent

(1) The approval to testify as a witness or witness may only be denied if: the statement of the benefit of the Federal Government or of a German country would cause disadvantages or would seriously jeopardise the performance of public tasks or would make it considerably more difficult.(2) Where a civil servant or an official is a party or an accused person in a judicial process or is intended to serve the performance of their legitimate interests, authorisation may also be granted where the conditions set out in paragraph 1 are met, are only to be denied if the official returns require this to be inextricably required. If the authorisation is denied, the official or the official of the official or of the official shall give the protection to the officials who permit the service provisions.(3) The supreme service authority shall decide on the approval of the authorisation. It may delegate this power to other authorities. Non-official table of contents

§ 69 Reaction refund

The approval to report an opinion may be denied if the refund is received by the would be detrimental to the interests of the service. Section 68 (3) shall apply accordingly. Non-official table of contents

§ 70 Information to the media

The management of the authority decides who is to provide the media with information. Non-official table of contents

§ 71 Prohibition of acceptance of rewards, gifts, and other benefits

(1) Officials may, even after Termination of the civil service relationship, no rewards, gifts or other benefits for yourself or a third party in relation to your office, promise to be promised or accept. Exceptions require the approval of the highest or the last top service authority. The power of consent may be transferred to other authorities.(2) Any person who violates the prohibition referred to in paragraph 1 shall, on request, issue a disobedious person on the basis of the anti-compulsory conduct, unless the decay has been ordered in the criminal proceedings or in any other way to the State has passed. The provisions of the Civil Code on the publication of unjustified enrichment shall apply mutas to the extent of the claim for disclosure. The obligation to be issued in accordance with the first sentence also includes the obligation to provide the servant with information on the nature, extent and whereabelation of the landlord. Non-official table of contents

§ 72 Election of the apartment

(1) Officials have to take their home in such a way as to ensure that their Service operations are not affected.(2) The service provider or the service provider may, if the service conditions so require, instruct that the dwelling be taken within a certain distance away from the office or to obtain a service apartment. Non-official table of contents

§ 73 Residence Permit

If special service conditions require urgent action, the official or the official may be instructed to stay in the vicinity of the duty station during the period of service. Non-official table of contents

§ 74 Service clothing

The Federal President or the Federal President, or the body designated by her or her, shall issue the Provisions relating to service clothing which is customary or necessary in the performance of the Office. Non-official table of contents

§ 75 obligation to pay compensation

(1) Officials who intentionally or grossly negligently do the same Duties have been infringed, have the Dienstherrn, whose duties they have performed, to replace the resulting damage. If two or more civil servants have jointly caused the damage, they are jointly and severally liable.(2) If the Dienstherr has made damages to third parties, the date on which the Dienstherr becomes aware within the meaning of the statute of limitations of the Civil Code shall be deemed to be the date on which the substitute claim against third parties of the Dienstherrn is recognized or has been found to be legally valid against the dientherrn.(3) The official or the official shall be entitled to the replacement of the Dienstherrn and if he has a substitute claim against third parties, the replacement claim shall be due to him or her. Non-official table of contents

§ 76 Transition of a claim for damages against third parties

shall be made available to civil servants, officials, persons entitled to supply or their If a person is physically injured or killed, a statutory claim for damages, which is due to these persons as a result of the personal injury or the killing against a third party, shall be subject to the person's forehead, insofar as this person is entitled to compensation during the course of a Physical injury based on the termination of the service or as a result of bodily injury or the killing for the granting of benefits is obliged. If a pension fund is obliged to grant the supply, the claim shall be made to the pension fund. The transfer of the claim cannot be claimed to the detriment of the injured or of the survivors. Non-official table of contents

§ 77 Non-compliance with obligations

(1) Officials are committing a service if they are culpable of them in breach of obligations. Outside the service, this is a service only if the breach of duty is particularly appropriate in the circumstances of the individual case, the confidence in a manner which is significant for their office or the reputation of the official. shall be affected.(2) In the case of retirement officials and retired civil servants with pensions and former civil servants with pensions, they shall be deemed to be in service if they are
1.
opposing the free democratic basic order in the sense of the Basic Law
2.
participate in efforts aimed at adversely affecting the population or security of the Federal Republic of Germany,
3.
against the obligation of confidentiality, against the obligation to notify or the prohibition of an activity after termination of the civil service relationship or against the prohibition of acceptance of rewards, Gifts and other benefits, or
4.
an obligation pursuant to § 46 (1), (2), (4) or (7) or § 57 culpably fail to comply.
Sentence 1, point 1 Up to 3 also applies to former civil servants who are entitled to old-age benefits and former civil servants who are entitled to an old-age pension.(3) The prosecution of official misconduct is governed by the Federal disciplinary law. Non-official table of contents

§ 78 Service of care of the Dienstherr

The Dienstherr has a service and trust in the good of the Officials and their families, including for the period after the end of the civil service relationship. It protects the civil servants in their official activities and in their position. Non-official table of contents

§ 79 Maternity protection, parental leave and youth employment protection

(1) The Federal Government regulates by means of a legal regulation the Public service specific application of the rules
1.
of the Maternity Protection Act on civil servants,
2.
of the Federal Elf Money and Parental Leave Act on parental leave on civil servants.
The Federal Ministry of the Interior may apply in cases of Article 91 (2) and of the Article 115f (1) (1) of the Basic Law abolic or curb the right to parental leave for police officers and police officers in the Federal Police for compelling reasons of internal security.(2) The Youth Employment Protection Act applies accordingly to young civil servants and civil servants. The Federal Government may, by means of a legal regulation, determine exceptions to the provisions of the Youth Employment Protection Act for juvenile police officers and juvenile law enforcement officers, to the extent that these are due to the nature of the police officers or for reasons of internal security are required. Non-official table of contents

§ 80 Aid in sickness, care and birth cases

(1) Aid received
1.
Officials who are entitled to ingrade or parental leave
2.
Utility recipients who are entitled to pension benefits
3.
previous officials and former officials during the reference of maintenance fee or transitional allowance according to the civil service law,
4.
previous officials at the time and previous officials at the time of the transfer of transitional allowance under the civil service law.
Sentence 1 shall also apply when references to the application not to be paid by the rules on rest or accounting. For expenses incurred by the spouse, the spouse, the life partner or the partner who does not have an income leading to economic self-employment, and the income in the family allowance under the Bundesbesoldungsgesetz (Federal Employment Act) Eligible children shall also be granted aid. Sentence 3 shall not apply to cases of § 23 of the Staff Regulations of Officials.(2) State aid is in principle only necessary and economically reasonable expenditure
1.
in Disease and care differentials,
2.
for the prevention and treatment of diseases or disabilities,
3.
in birth cases, contraception, artificial insemination, and in exceptional cases during sterilization and abortion, and
4.
for the early detection of diseases and vaccinations.
(3) Aid is granted as at least 50% reimbursement of eligible expenses. It can be granted in the form of a lump sum in the form of a flat rate, the amount of which is based on the actual supply costs. Deductibles may be deducted from the eligible expenditure or the aid and may be determined by the limits of the limits. Aid may only be granted if it does not exceed, together with third parties, the amount of the expenditure which is eligible for the aid. Outstanding benefits for expenditure under paragraph 2 shall be deducted from the eligible expenditure. Non-eligible expenses are expenses of eligible persons who are entitled to benefits under Section 70 (2) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz).(4) The Federal Ministry of the Interior, in agreement with the Federal Foreign Office, the Federal Ministry of Finance, the Federal Ministry of Defence, and the Federal Ministry of Health, shall regulate the details of the The granting of aid, in particular the maximum amounts, the total or partial exclusion of medicinal products, medicinal products and aids, on the basis of the Fifth Book of the Social Code and the taking into account of children. Non-official table of contents

§ 81 Travel expenses

(1) Officials receive the necessary costs of an official travel (Service travel) remunerated. Travel expenses shall include travel and flight expenses, distance compensation, days and accommodation allowances, travel allowances for family home trips, and other expenses incurred by the trip.(2) The details on the nature and extent of the travel expenses compensation as well as the principles of the settlement procedure shall be governed by the Federal Government by means of a legal regulation. In the case of payment of the travel expenses allowance, maximum limits or flat rates may be fixed for a refund and derogations may be made for specific cases.(3) The Federal Ministry of the Interior may, in agreement with the Federal Foreign Office, the Federal Ministry of Defence and the Federal Ministry of Defence, for travel to or from abroad as well as from abroad to the national territory (foreign missions) Financial provisions adopted by means of a legal regulation. These include the arrangement and approval of missions and the amount of travel expenses, including the additional necessary costs to achieve the purpose of foreign missions abroad, and the special costs of travel expenses. Take into account foreign relations. Non-official table of contents

§ 82 Move costs

(1) Officials and their survivors will receive the necessary costs for a move Remuneration (removal of costs) if the transfer costs have been agreed. The usage of the transfer costs can be given in case of an official move or in special cases. The relocation cost compensation includes
1.
Transport Expenses,
2.
Travel Cost,
3.
Separation Money,
4.
Lease indemnification and
5.
Other outlays.
(2) Details on the type and scope of the The Federal Government is responsible for regulating the costs of repayment of costs and the principles of the settlement procedure by means of a regulation. In the calculation of the relocation cost compensation, maximum limits or flat rates for a refund may be fixed and different arrangements for special cases may be adopted.(3) The Federal Foreign Office may, in agreement with the Federal Ministry of the Interior, the Federal Ministry of Defence and the Federal Ministry of the Interior, for the transfer to or from abroad as well as from abroad to the national territory (foreign relocations). Finance by means of a regulation derogating from the rules on the remuneration of the relocation costs, in so far as the special needs of the foreign service and the special conditions abroad require it. Non-official table of contents

§ 83 Separation money

(1) Officials who are seconded to a place outside the service or place of residence, , or who are employed in a place outside their previous service or place of residence on the basis of another staff measure, shall be reimbursed the necessary costs incurred by the domestic separation or in special cases (separation money). The domestic savings must be taken into account.(2) Where a revocation and an official are assigned to a revocation in the preparatory service for the purpose of their training to a place of training other than the previous service or place of residence, they shall be able to take the necessary steps to ensure that they are required to: Additional expenditure shall be reimbursed in whole or in part.(3) The details on the nature and extent of the separation allowance and the granting of travel allowances for family home trips as well as the principles of the settlement procedure shall be governed by the Federal Government by means of a regulation of the law. In the calculation of the separation allowance and the travel allowances for family home trips, maximum limits and flat rates for a refund may be set and different arrangements may be made for special cases.(4) The Federal Foreign Office may, in agreement with the Federal Ministry of the Interior, the Federal Ministry of Defence and the Federal Ministry of Finance, for the measures referred to in paragraph 1 in or abroad as well as from abroad to the domestic Regulation derogating from rules on separation allowances and travel allowances for family home trips, in so far as the special needs of the foreign service and the special circumstances abroad require it. Non-official table of contents

§ 84 Anniversary Allowance

Officials are granted a grant on service anniversaries. The Federal Government is regulated by the Federal Government by means of a regulation. unofficial table of contents

§ 84a recovery of much paid cash benefits

The recovery of much-paid cash benefits that the According to the provisions of the Civil Code, Dienstherr has provided legal regulations for the issuance of an unjustified enrichment. The knowledge of the lack of the legal reason of the payment is the same if the defect was so obvious that the recipient or the recipient should have recognized him. For reasons of equity, the recovery may, with the consent of the supreme service authority or the body designated by it, be completely or partially waited. Non-official table of contents

§ 85 Certificate of service

Officials shall, upon request, be issued a certificate of the type and duration of the service they have received. shall be granted when they have a legitimate interest or the civil servant relationship has ended. Upon request, the certificate must also provide information on the activities carried out and on the services provided. Non-official table of contents

§ 86 Official names

(1) The President of the Federal Republic of Germany or the Federal President or a body designated by her or her sets the terms of office, unless otherwise provided by law.(2) Officials shall be responsible for the official designation of the Office entrusted to them in the service. They may also lead them outside the service. After switching to another office, they may no longer lead the previous term of office. If the new office is associated with a lower final basic salary, the new official title may be added to that of the former office with the addition of "out of service" or " a. D. ".(3) retired officials and retired officials shall be entitled to the official title awarded to them in the course of their retirement with the addition of "out of service" or " a. D. " and the title given in connection with the Office shall continue. If the name of the former office changes, the changed office name may be changed.

Subsection 2
Working Time

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§ 87 hours of work

(1) regular working hours may not exceed 44 hours per week on average.(2) Where there is on-call time, the working time may be extended in accordance with the service requirements.(3) The Federal Government is responsible for the regulation of working time, in particular the duration, the possibilities of its flexible design and the control of its compliance, by means of a regulation of the law. Control of compliance with working time by means of automated data-processing systems shall be permitted where such systems require the participation of civil servants. The data collected may only be used for the purposes of the control of working time, the protection of occupational health and safety regulations and the specific use of personnel, insofar as this is necessary for the purpose of the task of the relevant competent authority. is. The legal regulation provides for the deletion periods for the data collected. Non-official table of contents

§ 88 Multi-time work

Officials are obliged to do so without remuneration for regular weekly working hours. In addition to service, when compelling service conditions so require and the extra work is limited to exceptional cases. If they are subject to more than five hours per month of regular working hours by means of a multi-time work or approved multi-job, they shall be within one year for the additional work they have on the regular working time , in addition to providing the appropriate service exemption. In the case of part-time employment, the five hours are to be cut proportionally. If the service exemption is not possible for compelling service reasons, officials in grades with rising salaries may receive remuneration. Non-official table of contents

§ 89 Recreation Holidays

Officials are granted a holiday holiday every year, while continuing to pay for the salary. The Federal Government regulates the approval, the duration and the repayment of the holiday holiday by means of a regulation. The duration of the additional holiday for seconded officials from the Foreign Service is regulated by the Federal Foreign Service Act. Non-official table of contents

§ 90 Holiday from other events, mandate holders

(1) The Federal Government regulates by Ordinance on the granting of leave on other occasions and determining the extent to which the remuneration persists during such leave.(2) votes cast as candidates for election to the European Parliament or to the German Bundestag or to the legislative body of a country shall be submitted to them on request within the last two years. two months before the election day of the vacations required for the preparation of their election, with the elimination of the remuneration.(3) Officials who have been elected to the legislative body of a country and whose rights and obligations under the civil service relationship do not rest in accordance with Section 40 (1) of this Regulation shall apply for the exercise of the mandate on request
1.
To approve part-time of at least 30 percent of the regular working time or
2.
to leave a holiday under the departure of the salary.
The application should be made for a period of at least six months. Section 23 (5) of the Act on Members of the European Parliament is to be applied accordingly. The provisions of Section 7 (1), (3) and (4) of the Act on Members of the European Parliament shall apply accordingly to officials who are granted leave after the first sentence of the first sentence of the first sentence of the first sentence.(4) For the activity as a member of a local representation, a committee formed in accordance with municipal constitutional law, or similar institutions in municipal districts, officials of the required leave shall be subject to the payment of the Besoldung to be granted. The first sentence shall also apply to the honorary members of committees elected by a local representation, who have been formed on the basis of a law. Non-official table of contents

§ 91 part-time

(1) Officials who are entitled to remuneration may, on request, be able to work part-time up to Half of the regular working time and up to the duration requested shall be granted, insofar as the service interests are not in conflict with this.(2) The application referred to in paragraph 1 may only be complied with if the officials undertake to enter into professional obligations during the period of approval outside the terms of the civil service only to the extent to which they are bound by the Full-time employees are permitted to carry out secondary activities. Exceptions to this are only permitted insofar as this is compatible with the civil service relationship. The regular weekly working time shall be deemed to be without regard to the approval of part-time employment. If the obligation under sentence 1 is culpably violated, the authorization shall be revoked.(3) The competent service authority may subsequently limit the duration of part-time work or increase the volume of working time to be carried out, insofar as this requires mandatory service requirements. It should allow for a change in the extent of part-time work or the transition to full-time employment if the official or the official cannot be allowed to work part-time on the previous level and if there are interests in the service sector that doesn't stand in the way. Non-official table of contents

§ 92 Family-related part-time and leave of absence

(1) Officials who are entitled to pay Application for leave without remuneration or part-time employment,
1.
if you
a)
actually caring for or maintaining a child under 18 years of age, or
b)
according to medical opinion or by submitting a certificate from the health insurance or the medical service of the health insurance or a corresponding certificate of a private nursing care insurance actually care for or care for other dependants or other dependants in need of care
2.
when compelling service concerns do not conflict with the approval.
Part-time employment with less than half of the regular working hours and holidays without pay may not exceed a period of 15 years. The first sentence of Article 91 (3) shall apply accordingly.(2) The office must justify the rejection of applications in detail. In the case of civil servants in the school and higher education service, the period of approval may be extended to the end of the current school half-year or semester. The application for an extension of a leave of absence shall be submitted no later than six months before the expiry of the approved leave of absence.(3) During an exemption from the service referred to in paragraph 1, only secondary activities which are not contrary to the purpose of the exemption may be authorised.(4) The competent authority may allow a return from leave if the continuation of the holiday is not reasonable and if there are no official interests in the way of the holiday. Part-time employees with family responsibilities applying for full-time employment and leave of absence with family responsibilities who apply for an early return from the leave of absence must be respected when filling full-time jobs, with due regard for the The principle of performance and the regulations of the Federal Employment Equality Act will be taken into account as a matter of priority.(5) During the period of the leave of absence referred to in paragraph 1, the entitlement to sickness benefits shall be based on the application of the aid schemes for female officials with a claim to remuneration and officials with a claim to remuneration. This shall not apply if the civil servant or the official is considered to be a member of a member of the State or an eligible person or an eligible member of the public or of the statutory health insurance pursuant to § 10 (1) of the Fifth Book Social code is insured. Civil servants who fulfil the conditions laid down in § 3 (1) of the nursing-time act receive benefits in accordance with § 4 of the nursing-time act according to § 44a (1) of the Eleventh Book of Social Code (Sozialgesetzbuch).(6) By means of appropriate measures, the service office shall facilitate the connection to the profession and the professional re-entry for family reasons. These include the offer of holiday and disease representatives, their timely information on the training programme and the offer of participation in the training during or after the leave of absence. Participation in a training course during the leave of absence is based on a claim to paid service exemption after the end of the leave of absence. The duration of the paid service exemption is determined by the duration of the training. The leave of absence is to be carried out in good time before the end of a leave of absence and in which they will be informed about the possibilities of their employment after the leave of absence. Non-official table of contents

§ 92a Family care period

(1) Officials who are entitled to remuneration may, on request, for the duration of: a maximum of 48 months of part-time employment as a family care period for the care of a close family in need of care within the meaning of Section 7 (3) of the nursing care law in the home environment, unless urgent service is required Reasons to resist. The need for care must be proven by submitting a certificate from the care insurance fund or the medical service of the health insurance company or by submitting a corresponding certificate of a private nursing care insurance.(2) The authorization shall be issued with the proviso that
1.
in a nursing phase of at most 24 months service with a regular weekly working time of at least 15 hours, as well as
2.
in a post-care phase, which lasts as long as the care phase, The service shall be provided with a working time corresponding to at least the regular weekly working time which has been carried out prior to the period of care.
The conditions set out in paragraph 1 for the approval of the family care period , the authorization shall be revoked, at the end of the second month following the expiry of the conditions. The official or official shall be obliged to inform any change in the facts which are relevant to the authorization. If the official or the official is no longer able to accept part-time employment at the present level, the authorization shall be revoked if urgent matters of service do not conflict with that.(3) If the period of care of the family care period has been granted for less than 24 months, it may subsequently be extended for a period of 24 months if the conditions set out in paragraph 1 and the measures referred to in paragraph 2 are fulfilled. In the event that the post-care period of the family care period has been granted with a regular weekly working time, which is higher than the working time before the use of the family care period, the working time can be reduced subsequently. The working time in the post-care period shall be at least equal to the level laid down in point 1 of the first sentence of paragraph 2, if the official or the official states that the care needs of the close relative so require. A new family care period may be granted only after the post-care period when the conditions set out in paragraph 1 are met and the provisions of paragraph 2 are fulfilled. Non-official table of contents

§ 93 Retirement Part Time

(1) Officials who are entitled to remuneration may, on request, on the time until the beginning of retirement, part-time employment as part-time part-time with half of the previous working time, not more than half of the average to be paid in the last two years before the start of the part-time period working time, approved if
1.
a)
it is the 60. Have completed life year,
b)
55. They are completed with a full year of age and are severely disabled at the time of application within the meaning of § 2 para. 2 of the Ninth Book of the Social Code or
c)
the 55. Have completed their life year and are employed in a specially defined job breakdown
2.
they have been at least part-time in the last five years prior to the beginning of part-time retirement,
3.
the age part time before the 1. January 2010 begins and
4.
urgent service concerns do not conflict with this.
(2) Officials can take part-time in the form of block education in the sense of § 9 of the Working Time Regulation shall be granted in accordance with the provisions of paragraph 1, if they
1.
60. In the case of previous part-time employment, the periods of exemption from the work shall be summarised in such a way that, in the case of Section 92 (1), § 92a or in the case of part-time employment during parental leave, at least in the extent of the previous part-time employment service, with minor underwriting of the necessary amount of working time being disregarded, or
2.
the requirements of paragraph 1 (1) (c).
Lifetime and civil servants before the 1. In January 2010, part-time employment in the form of block formation within the meaning of § 9 of the Working Time Ordinance has been approved, reaching the age limit with the completion of the 65. Life Year. In the case of retirement at the request of § 52, it remains at the age limit pursuant to Section 42 (4) of the Federal Civil Service Act (Bundesbeamtengesetz) in der bis zum 11. The text is in force in February 2009.(3) Officials who are entitled to remuneration may, on request, part-time working as part of the period of retirement, with half of the previous working time, or at most half of those in the last two years before the beginning of the part-time period. , if
1.
at the start of part-time work the 60.
2.
they have been at least part-time in the last five years prior to the beginning of the retirement period,
3.
the age part time before the 1. January 2017 begins,
4.
they are employed in a fixed restructuring or job breakdown area and
5.
Do not stand in the way of service.
The application must cover all the time until the retirement. Part-time after sentence 1 can also be granted in the block model according to § 9 (2) of the Working Time Ordinance.(4) Officials shall be subject to the conditions set out in the first sentence of paragraph 3, with the exception of the first sentence of 1 (4) and (5), as part of a quota of 2.5 per cent of the officials of the supreme service authorities, including their To approve business areas. The granting of part-time part-time is excluded if this quota is exhausted by the period of old-age part-time in accordance with the first sentence and paragraphs 1 to 3, or if the authorization is contrary to the service interests.(5) The Federal Ministry of the Interior, in agreement with the Federal Ministry of Finance, regulates, by means of a regulation of the law, the details of the age-part-time permit, in particular the definition of the restructuring and job-reduction areas in accordance with Point 4 of the first sentence of paragraph 3 and the distribution of the quota referred to in paragraph 4.(6) Changes in the regular weekly working time in accordance with the working time arrangements shall apply in accordance with the working time to be carried out.(7) § 91 (2) shall apply accordingly. Non-official table of contents

§ 94 mandatory disclosure requirement

If you apply for a reduction in working time or a long-term leave of absence, the officials are and officials shall draw attention to the consequences of reduced working time or long-term leave, in particular the consequences for claims under civil service law, and the possibility of an extension and the consequences of such a period of time. Non-official table of contents

§ 95 Non-grade leave of absence

(1) Officials who are entitled to remuneration may be used in areas where: because of the labour market situation there is an exceptional overhang of applicants and therefore there is an urgent public interest in increasing the number of applicants in the public service, at the request of Leave without grade
1.
up to a total duration of six years or
2.
for a period of time that must be extended to the beginning of retirement
if you do not want to meet the service needs of the.(2) Officials who are entitled to remuneration may be granted leave without remuneration in areas in which a job overhang is to be reduced, if there is no room for service to that person.(3) The application referred to in paragraphs 1 and 2 may only be complied with if the officials declare that, during the period of approval, the use of secondary activities subject to authorisation must be waived and not: , only to the extent that full-time employment could be carried out without breach of service obligations. If this obligation is culpably violated, the authorization shall be revoked. The competent service authority may, in spite of the declaration by the officials referred to in the first sentence, authorise secondary activities in so far as they do not run counter to the purpose of the authorisation of the holiday. It may allow a return from leave if the official or the official cannot be allowed to continue the holiday and does not stand in the way of the service.(4) Holidays pursuant to paragraphs 1 and 2 may not exceed 15 years, including in connection with holidays or part-time employment with less than half of the regular working hours referred to in § 92 (1). In the case of civil servants in school and university services and civil servants in the school and higher education service, the period of approval may be extended to the end of the current school half-year or semester. In the cases referred to in paragraph 1 (2), the first sentence shall not apply where it is no longer possible for officials to return to full or part-time employment.(5) In cases where according to § 72e (1) (2) and (4) of the Federal Civil Service Act (Bundesbeamtengesetz) in the cases up to the 11. The second sentence of Section 93 (2) of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of the second sentence of February 2009 was Non-official table of contents

§ 96 Remote from service

(1) Officials and officials are not allowed to use the service without the approval of their service staff. Stay away. The inability to service as a result of illness must be proven upon request.(2) In the event that the official or the official dismisses the right to remuneration on account of the undue stay of the service under the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), the conduct of a disciplinary procedure shall not be ruled out. name="BJNR016010009BJNG001200000 " />

Subsection 3
Secondary Activity

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§ 97 Definitions

(1) Secondary activity is the exercise of a secondary office or the exercise of secondary employment.(2) A subsidiary office is a group of tasks not belonging to a main office, which is carried out on the basis of a public service or service relationship.(3) By-employment is any other activity within or outside the public service which does not belong to a main office.(4) As a secondary activity does not apply to the perception of public honorary offices as well as to a free guardianship, mentoring or parish. Non-official table of contents

Section 98 Civil Service Secondary activity

Officials are required to provide, at the request of their service authority, a -to exercise secondary activity in the public sector, provided that this activity is equivalent to that of pre-education or vocational training and is not subject to an additional fee. Non-official table of contents

§ 99 Secondary activities subject to approval

(1) Officials and civil servants are required to exercise any of the charges Secondary activity, with the exception of the final approval listed in § 100 (1) above, insofar as they are not obliged to exercise them in accordance with § 98. The same applies to the following free secondary activities:
1.
Perception of a secondary office,
2.
commercial or freelance work or collaboration in one of these activities and
3.
Admission to an organ of a company other than a cooperative.
(2) The approval is to fail if it is to be provided that by the anciseof the service Interests are affected. Such a reason for failure is in particular the case if the secondary activity
1.
according to the nature and extent of the work force is so strong that the proper
2.)
2.
bring the official or the official into a conflict with the duties of the service.
3.
is exercised in a matter in which the authority to which the official or official is a member operates or may act
4.
The impartiality or inconvenience of the official or the official can affect
5.
to a a substantial limitation of the future serviceability of the civil servant or of the official, or
6.
detrimental to the reputation of the public administration
Such a reason for failure is generally also available if the secondary activity is due to professional service or work performance or otherwise according to the nature, scope, duration or frequency of the exercise of a second profession.(3) The condition set out in the second sentence of the second sentence of paragraph 2 shall, as a general rule, be deemed to be fulfilled if the time-to-use of one or more secondary activities during the week exceeds one fifth of the regular weekly working time. In the case of limited service capacity, one fifth of the reduced working time according to § 45 (2) sentence 1 shall be used. In so far as the total amount of the remuneration for one or more secondary activities exceeds 40% of the annual final salary of the Office of the official or of the official, there is a reason for the failure to pay. The service authority may grant derogations where the official or the official proves, by stating certain facts, that the time-load does not exceed one-fifth of the regular weekly working time or the failure to comply with the Consideration of the circumstances of the individual case would not be appropriate. For the purposes of the application of the first to the fourth sentences, the co-operations must be taken into account in order to take account of secondary activities subject to approval(4) The authorisation shall be limited to a maximum period of five years. It may be subject to conditions and conditions. If there is an impairment of the interests of the service after the granting of the authorisation, it shall be revoked.(5) The authorisation shall be granted to the supreme service authority. It may delegate this responsibility to subordinated authorities. Applications for approval and decisions on these applications must be written in writing. In so doing, the official shall have the necessary evidence required for the decision, in particular on the nature and extent of the secondary activity, as well as on the charges and monetary benefits thereof. Any change shall be notified in writing without delay. Unofficial table of contents

§ 100 Non-approval secondary activities

(1) Non-approval subject to approval
1.
the administration's own or the benefit of the official or the official under-lying assets,
2.
written, scientific, artistic, or lecture activities,
3.
with teaching or Research-related self-employed reviewer activities of teachers at public universities and at universities of the German Armed Forces as well as of civil servants at scientific institutes and institutions and
4.
Activities for the maintenance of professional interests in trade unions or professional associations or in self-help facilities of civil servants.
(2) The activities referred to in paragraph 1 (2) and (3) and an activity in self-help organisations referred to in paragraph 1 (4) shall be notified to the service authority in writing before they are received, if they are paid for or benefit from a monetary advantage. In particular, the nature and extent of the secondary activity, as well as the estimated level of charges and monetary benefits, shall be disclosed. Any amendment shall be notified in writing without delay.(3) The service authority may require, on a justified grounds, that information be provided in writing about an unauthorised non-authorisation, in particular on the nature and extent of such a subsidiary activity.(4) A secondary activity which is not subject to authorisation shall be subject in whole or in part if the official or the official is injured in the performance of his duties. Non-official table of contents

§ 101 exercise of secondary activities

(1) Secondary activities may only be exercised outside of working time, unless: because they are exercised at the request of the service superiors, or there is a service interest in the exercise of secondary activity. The service interest is to be informed. Exceptions may be permitted on written request only in cases of particular justification, in particular in the public interest, if there are no official reasons for this and the missed working time is being carried out.(2) In the exercise of ancillary activities, facilities, personnel or material of the Dienstherrn may only be carried out in the presence of a public or scientific interest with the authorisation of that person and against payment of a reasonable fee in Claim is taken. The remuneration shall be calculated on the basis of the costs incurred by the servant and shall take account of the particular advantage resulting from the use made by the official or the official. Non-official table of contents

§ 102 Right of recourse for liability of secondary activity arranged

Proposal or instigation of the duties of the service supervisor on the Board of Management, the Supervisory Board, the Administrative Board or in any other institution of a company, a cooperative or a company operating in another legal form shall be held liable against the Dienstherrn for compensation of the damage caused to them. If the damage is caused intentionally or with gross negligence, the service is only liable if the official or the official acted at the request of the supervisor or the supervisor. Non-official table of contents

§ 103 Ererase of the secondary activity connected to the main office

Ends the civil servant relationship, if in individual cases shall be determined, including the secondary offices and other activities carried over in connection with the main office or which have been carried out at the request, proposal or initiative of the one or more of the service's or the service's or their members. Non-official table of contents

§ 104 Decree of implementing legal regulations

The further provisions necessary for the execution of § § 97 to 103 Secondary activities of civil servants are issued by the Federal Government by means of a decree law. It can be used to determine
1.
which activities are or are equivalent to a public service within the meaning of these regulations
2.
whether and to what extent a secondary activity carried out in the public service or exercised at the request, proposal or instigation of the service superiors is remunerated or a
3.
the conditions under which the official or the official responsible for the exercise of ancillary activities, personnel or material of the Dienstherrn may be used and the amount to be paid for this to the Dienstherrn; the fee may be fixed in a lump sum in a percentage of the gross income obtained from the secondary activity and at the rate of
4.
that the civil servant or the official may be obliged to do so, after the end of each calendar year, the person or the person who is responsible for the Service superiors to indicate the charges and monetary benefits of secondary activities that are assigned to it or to him.
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§ 105 Display obligation after termination of the civil service relationship

(1) retired officials, retired officials, former female civil servants with pensions, and former civil servants with pensions have an employment or other employment outside the public service which, in the last five years, has been linked to the service of the public service before the end of the civil service relationship and which may be adversely affected by the interests of the service, before it is taken up in writing. The obligation to notify ends when the officials retire when the rule age limit is reached, three years, five years after the end of the civil servant's relationship. The first and second sentences also apply to former civil servants who are entitled to old-age pensions and former civil servants who are entitled to an old-age pension.(2) Employment or other employment shall be prevented from being provided to the extent to which they are concerned that they are adversely affected by their interests. The submission shall be made for the period up to the end of the obligation to notify, unless the conditions for any subsatiation are available only for a shorter period.(3) The last highest service authority shall be responsible. It can transfer its responsibility to downstream authorities.

Subsection 4
Human Resources Law

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§ 106 personal file

(1) a personnel file for each official and each official is to be held. It shall be treated confidentially and shall be protected by technical and organisational measures against unauthorised inspection. The file can be run in parts or completely automated. The personnel file includes all documents relating to the official or the official, insofar as they are in direct connection with their service relationship (personnel data). Other documents may not be included in the Staff Act. The personnel file does not form part of the documents, which serve special purposes for the purpose of the person and the service, in particular for examination, security and child-related purposes. Child accolations can be linked to pay and supply files if they are separated from the other personnel file and are processed by an organizational unit separated from the personnel administration.(2) The personnel file may be broken down according to factual points of view in Grundakte and Teilakten. Partial markets may be carried out at the competent authority for the task of the relevant task. Ancillary files (documents which are also located in the basic or partial markets) may only be carried out if the staff managing authority is not at the same time the employment authority or if several personnel managing authorities are responsible for the civil servant or the officials; they may contain only those documents which are necessary to ensure that the authority in question is legally required to submit their duties. A complete list of all part-and side-files is to be included in the basic principles. If the personnel file is not fully automated in writing or fully automated, the personnel managing body shall determine in writing which parts are to be kept in which form and shall take this into the list according to the sentence 4.(3) Personal information data may only be used for the purposes of personnel administration or personnel management, unless the official or the official agrees to the other use. Use for purposes other than those mentioned in the first sentence shall not be applicable when personal data is used exclusively for the purposes of data protection control. The same applies, insofar as, in the context of the data protection or the assurance of the proper operation of a data processing system, a knowledge of the state of the art which is not or is to be avoided only with a disproportionate effort, of Human resources data is done.(4) The Dienstherr may only collect personal data concerning applicants, applicants, officials and former civil servants, insofar as this is the reason for the creation, execution, termination or execution of the In the case of an employment relationship or for the implementation of organisational, human or social measures, in particular for the purposes of human resource planning or personnel deployment, or a piece of legislation, this is permitted. Non-official table of contents

§ 107 Access to personal file

(1) Access to the personnel file may only be provided by employees within the scope of the Personnel management is entrusted with the processing of personnel matters, and only insofar as this is necessary for the purposes of personnel administration or the personnel management. Access to staff data may also be granted to employees performing the tasks of the medical service, to the extent that knowledge of the data is necessary to carry out their duties. Access to decision-relevant parts of the personnel file also have equal opportunity officers, insofar as this is necessary for the performance of their tasks.(2) Upon request, the Data Protection Officer shall be granted access to the personnel file in accordance with § 4f of the Federal Data Protection Act. Furthermore, access shall be granted to those employed in matters relating to internal audit, insofar as they are able to obtain the findings necessary for carrying out their tasks only in this way and not by means of information from the personnel file. Any inspection as per the second sentence shall be subject to the action of the person. Non-official table of contents

§ 108 State aid file

(1) Documents on aid are to be used as a part of a part-sheet. This must be kept separate from the rest of the personnel file. It is to be processed in an organizational unit separated from the rest of the personnel administration. Access should only be provided by employees of this organisational unit.(2) Personal data may be collected and used for state aid purposes, to the extent that the data are necessary for such purposes; for more details, the legal regulation shall be governed by Article 80 (4). For other purposes, personal data from the aid file may only be used if
1.
it
a)
for the initiation or implementation of an application for an aid application administrative or judicial proceedings,
b)
to avert significant disadvantages for the common good, an imminent threat to the public Security or a serious impairment of the rights of another person or
2.
the data subject has consented to the individual case.
(3) The provisions of paragraphs 1 and 2 shall apply in accordance with documents relating to medical care and healing procedures.(4) Personal data from the State aid file may be used without the consent of the person concerned or transmitted to another authority, in so far as it is used for the determination and calculation of the remuneration or supply or for the examination of the Child monetary authority is required. This shall also apply to data from the Act of Remuneration and the Act of Supply, to the extent that they are necessary for the determination and calculation of the aid.(5) The processing of the aid and the management of the aid file may be transferred to a different body of the federal government with the consent of the supreme service authority. This body may be provided with personal data, including health claims, to the extent that it is necessary for the processing of such data to be carried out. The provisions of paragraphs 1 to 3 shall apply to this body. Unofficial table of contents

§ 109 Hearing obligation

Officials and officials are complaints, allegations, and assessments that are unfavourable to them or be able to be adversely affected before they are included in the Staff Act, provided that the hearing is not carried out in accordance with other legislation. Their statements are to be taken on the personnel file. Non-official table of contents

§ 110 Right of access

(1) Officials and officials have a right to do so, even after the termination of the civil service relationship. Insight into their full personnel file.(2) Plenipotentiary of the official or of the official shall be granted an inspection, in so far as there are no official reasons to prevent him from being accepted. The same shall apply to survivors and their agents, if a legitimate interest is credibly made. In the case of information from the personnel file, the sentences 1 and 2 shall apply accordingly.(3) The personalact-leading authority shall determine where the inspection is granted. For reasons of service, excerpts, copies, copies or printouts may be produced. The official or the official shall, on request, be given an expression of the personal data stored in an automated manner to the person or person who is to be held.(4) Officials shall also have a right of access to other files which contain personal data concerning them and are used for their service, unless otherwise provided by law. This does not apply to security records. The inspection shall be inadmissible if the data of the data subject or the data subject is linked to data of third parties or non-confidential personal data in such a way that their separation is not possible or can only be carried out disproportionately is. In this case, the official or the official shall be informed. Non-official table of contents

§ 111 Presentation of personal files and information to third parties

(1) Without the consent of the official or the official, it is , the Staff Act shall be submitted to the supreme service authority or to a competent authority within the framework of the administrative supervision, to the extent that this is necessary for the purposes of human resources management or personnel management. The same shall apply to the authorities of the same business unit where the submission is necessary for the preparation or execution of a staff decision, as well as for authorities of another business unit of the same person's office, insofar as they are provided on a To participate in the decision-making process. A doctor or a doctor who produces a medical opinion on behalf of the staff managing authority may also be presented with the personnel file without consent. For information from the personnel file, the rates 1 to 3 shall apply accordingly. To the extent that information is sufficient, it must be seen from a template.(2) In so far as the staff managing authority has delegated tasks to its employees to a different public authority for independent processing, it may take the necessary steps to fulfil the tasks required for the performance of the tasks. Submit employee information data.(3) Information to third parties may only be provided with the consent of the official or the official, unless the defection of a significant impairment of the common good or the protection of legitimate, higher-ranking interests of the third party or the third party It is imperative to provide information. The information shall be limited to the extent to which it is required. The contents and the recipient of the information shall be communicated to the official in writing. Non-official table of contents

§ 111a Collection and use of labor force data on work order

(1) The collection and use of labor force data in the The work order of the personnel managing authority is only allowed,
1.
as far as it is required
a)
for the approval, fixing, or payment of cash benefits,
b)
for the automated execution of tasks or
c)
to perform certain medical Examinations necessary for the performance of the tasks of the medical service,
2.
if the client is responsible for compliance with the official and data protection regulations by the contractor on a regular basis.
(2) The order division requires the prior consent of the top service authority. For this purpose, the contracting authority shall inform the top service authority in writing in good time before the order is issued:
1.
the contractor, the technical and organizational measures taken by the contractor, and the supplemental stipulations as referred to in paragraph 3,
2.
the task of which the contractor is to collect or use the data,
3.
the type of Data to be collected or used for the contracting entity and the circle of employees to which this data refers and
4.
the intended use of the data Subcontracting by the contractor.
If the contractor is a public authority, the first and second sentences apply to him, with the proviso that the notice shall be sent to the top federal authority responsible for that body. set up.(3) In the order pursuant to Section 11 (2) sentence 2 of the Federal Data Protection Act (Bundesdatenschutzgesetz) it is to be determined that the control rights of the official data protection officer of the body also exist with regard to the contractor. To the extent that the contractor is a non-public body, it must also be determined that the contractor is in control of the Federal Commissioner for Data Protection and the Freedom of Information in accordance with § § 21 and 24 to 26 (1) to (4) of the Federal Data Protection Act to tolerate.(4) A non-public body may only be charged if
1.
otherwise interferes with the client Business flow can occur, or the contractor can perform the delegated tasks much more cost-effectively, and
2.
which the contractor has with the (
)
Contractor may only collect or use the data within the framework of the Customer's instructions. If he considers that a client's instruction violates this law or other provisions on data protection, he shall immediately draw the attention of the contracting authority to this. The contractor may use the data only for the purposes specified in the order and only store the data for the duration specified in the order.(6) The rights of the data subject in accordance with the Federal Data Protection Act shall be asserted against the client.(7) Submissions may only be issued with the prior consent of the contracting authority. Non-official table of contents

§ 112 Removal of documents

(1) Documents relating to complaints, claims and assessments, to § 16 (3) and (4) Article 1 of the Federal Disciplinary Law is not applicable,
1.
if they have proven to be unfounded or false, with the consent of the official or the official remove immediately from the personnel file and destroy it, or
2.
if they are unfavourable to the civil servant or to the official, or to be detrimental to him or her. may, on request, be removed and destroyed after two years; this shall not apply to official assessments.
The period referred to in the first sentence of 1 (2) shall be replaced by new facts within the meaning of this provision or by the initiation of a criminal or criminal law. Disciplinary proceedings interrupted. If the reproach turns out to be unfounded or false, the time limit shall be deemed not to be interrupted.(2) Communications in criminal matters, in so far as they are not part of a disciplinary file, as well as information from the Federal Central Register shall be removed and destroyed after two years with the consent of the official or the official. The provisions of the second sentence of paragraph 1 shall apply mutatily. Non-official table of contents

§ 113 Retention Period

(1) Personnel records are five years after they have been completed by the personalact-leading authority storage. Personnel records are completed,
1.
if the official or the official without any pension rights from the public service, with the end of the year of reaching the rule-age limit, in the cases of § 41 or § 10 of the Federal disciplinary law, however, only if possible care recipients no longer
2.
if the official or the official is deceased without a survivor's or an age-eligible survivor, at the end of the year of death, or
3.
if, after the death of the official or of the official, survivors or survivors are present, at the end of the year in which the The Federal Archives Act shall apply in accordance with the second sentence of Section 5 (2) of the Federal Archives Act.
If the date on which it is determined cannot be determined in accordance with the second sentence of sentence 2 and 3, the Federal Archives Act shall apply accordingly.(2) Documents on aid, health care, medical procedures, support, illness, retreat and travel expenses shall be five years, documents relating to recreational holidays shall be kept three years after the end of the year in which the processing of the individual Process completed. The retention period shall be six years for the payment-based documents as set out in the first sentence. Documents showing the nature of a disease shall be returned or destroyed immediately if they are no longer needed for the purpose for which they have been submitted. The purposes for which the documents have been submitted shall also be subject to procedures for rebates or repayments.(3) Supply files and old-age schemes shall be kept ten years after the end of the year in which the last pension payment or the old-age or survivor ' s old-age payment has been paid. If there is a possibility of a resurrecy of the claim, the files shall be kept for 30 years.(4) The personnel files shall be destroyed after the expiration of the retention period, provided that they are not taken over by the Federal Archives or a national archive according to § 2 of the Federal Archives Act. Non-official table of contents

§ 114 Automated processing of staff information data

(1) Personnel information data may only be used for the purposes of Personnel administration or the personnel management system are processed in an automated manner. Your transmission shall be permitted only in accordance with § 111. An automated data retrieval by other authorities is inadmissible unless otherwise specified by specific legislation.(2) Personal information data within the meaning of § 108 may only be processed in a technically and organizationally automated manner within the framework of its intended purpose and only by the other personnel files.(3) Only the results of the documents relating to medical or psychological examinations and tests may be processed in an automated manner within the framework of the personnel administration, in so far as they relate to the suitability and their use for the protection of the official. or the official.(4) Official decisions of civil servants may not be based exclusively on the automated processing of personal data which serve to evaluate individual personality traits.(5) In the case of initial storage, the official or the official shall be informed of the nature of the data stored in respect of the person or person referred to in paragraph 1, and in the event of substantial changes, they shall be notified. In addition, the processing and use forms of automated personnel management procedures must be documented, including the respective purpose of use, as well as the regular recipients and the content of automated data transmission. generally known. Non-official table of contents

§ 115 transfers in criminal proceedings

(1) The court, the law enforcement authority or the penal enforcement authority has in Criminal proceedings against civil servants in order to ensure the necessary service-related measures in the case of the public action survey
1.
An indictup or an application written to her place,
2.
the request for the order of a criminal order and
3.
to submit the final decision on the grounds
. If an appeal has been brought against the decision, the decision shall be communicated with reference to the appeal lodged. The order and the execution of an arrest warrant or a placement command shall be communicated.(2) In proceedings for negligent offences, the transfers determined in the first sentence of paragraph 1 shall be carried out only if
1.
is serious infringements, in particular, the risk of drink-driving or the negligent killing, or
2.
in other cases, the knowledge of the data due to the circumstances of the If necessary, it is necessary to examine whether any measures are to be taken.
(3) Decisions on procedural settings which are not already to be submitted pursuant to paragraph 1 or 2 shall be communicated if the decisions taken in the 2 (2) are fulfilled. In doing so, account must be taken of how secured the findings are based on the decision to be made.(4) Other facts known in criminal proceedings may be communicated if their knowledge is required by special circumstances of the individual case for action against an official or an official, and to the extent that: it is not apparent to the transmitting body that the protection-worthy interests of the official or of the official are outweighed by the exclusion of the transmission. Knowledge of the data is also required if this is an opportunity to examine whether there is a need for action to be taken. The second sentence of paragraph 3 shall apply accordingly.(5) Data transmitted in accordance with paragraphs 1 to 4 may also be used for the performance of tasks in accordance with the Security Review Act or a corresponding law.(6) Submissions under paragraphs 1 to 3 shall also be admissible in so far as they relate to data subject to tax secrecy (Article 30 of the Rules of the Tax Code). Transfers in accordance with paragraph 4 shall be permitted under the conditions laid down in Section 30 (4) (5) of the Tax Code.(7) Communications shall be addressed to the competent officers or their representatives in the Office and shall be identified as a "confidential personnel matter".

Section 7
Officials representative

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§ 116 Membership in Trade Unions and Professional Associations

(1) Officials have the right to participate in trade unions or professional associations. They may commission the trade unions or professional associations responsible for them with their representation, unless otherwise provided by law.(2) No official and no official may be subject to service or discrimination on the grounds of activity for a trade union or a professional association. Non-official table of contents

§ 117 Staff Committee

The personnel representation of the civil servants is to be guaranteed. The further details are regulated by law. Non-official table of contents

Section 118 Participation of top organizations

The top organizations of the relevant trade unions are at the To participate in the preparation of general rules of civil service law.

Section 8
Bundespersonalausschuss

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§ 119 tasks

(1) The Federal Personality Committee is responsible for the uniform handling of emergency rules of civil service law. More than the tasks provided for in this Act can be transferred to the Federal Government by means of a legal regulation of the Federal Government.(2) The Federal Personality Committee shall exercise its duties independently and on its own responsibility. Non-official table of contents

§ 120 Members

(1) The Federal Personality Committee is composed of eight ordinary and eight alternates.(2) Permanent ordinary members are the President of the Federal Court of Auditors or the President of the Federal Audit Office as chairperson or chairman and the head of the service department or the head of the service department of the Federal Ministry of the Interior. Non-permanent regular members are the heads of the central departments and heads of the central departments of two other top federal agencies and four other federal civil servants. Deputy members are each official of the federal government of the authorities referred to in the first sentence, the heads of the central departments and heads of the central departments of two other supreme federal authorities, as well as four other civil servants. or officials of the federal government.(3) The non-permanent regular members and the deputy members shall be appointed by the President of the Federal Republic of Germany or by the Federal President on a proposal from the Federal Minister of the Interior or the Federal Minister of the Interior for the duration of four years, of which four ordinary and four alternates are appointed on the basis of a designation by the leading organisations of the relevant trade unions.(4) The Federal Personality Committee is assisted in carrying out its tasks by a branch office in the Federal Ministry of the Interior. Non-official table of contents

§ 121 Legal status of the members

The official supervision of the members of the Federal Personality Committee shall be carried out on behalf of the The Federal Minister of the Interior or the Federal Minister of the Interior, with the following measures:
1.
The members of the Federal Personality Committee are is independent and subject only to the law. They may not be subject to official measures or disadvantages because of their activities.
2.
You are a member of the Federal Personality Committee.
a)
by time-lapse,
b)
by leaving the main office or from the authority that is their membership is significant,
c)
by termination of the civil service relationship or
d)
under the same conditions under which members of a board or a senate for disciplinary matters have been given a final decision in a criminal or a criminal court. Disciplinary proceedings lose office; § 66 is not to be applied
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§ 122 Rules of Procedure

The The Federal Personality Committee shall adopt its rules of procedure. Non-official table of contents

§ 123 Sessions and Decisions

(1) The members of the Federal Personality Committee are not open to the public. The Federal Personnel Committee may allow the authorities to attend the trial, as well as third parties, to attend the trial.(2) The Chairperson of the Federal Personality Committee or the Vice-Chairperson of the Federal Personality Committee shall direct the meetings. If both are prevented, the oldest member of the service shall be replaced by their place of service.(3) Persons authorised by the administrations shall be heard on request.(4) Decisions shall be taken with a majority of votes. For quorum, the presence of at least six members is required. In the event of a tie, the vote shall be taken by the chairman or the chairman.(5) Decisions of the Federal Personality Committee shall be made known to the extent that they are of general importance. The Rules of Procedure shall be governed by the nature and scope(6) In so far as a decision-making authority is granted to the Federal Personality Committee, its decisions shall bind the administrations concerned. Non-official table of contents

§ 124 Evidence collection, information and mutual assistance

(1) The Federal Personality Committee may perform its tasks in the relevant application of the rules of the Administrative Court order.(2) The administrations concerned shall, on request, provide the Federal Personal Committee with information and to submit files to the extent necessary for carrying out its tasks. All services have to provide assistance to the Federal Personality Committee free of charge.

Section 9
Appeal and legal protection

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§ 125 service on applications and complaints

(1) Officials and civil servants can submit applications and complaints. In this case, the service path must be maintained. The appeal path to the highest service authority is open.(2) The appeal against the immediate superiors or the immediate superiors, may be filed directly with the superiors or superiors. Non-official table of contents

§ 126 Administrative right path

(1) For all actions of the officials, civil servants, retired officials, retired officials, previous Civil servants, former officials and the survivors of the civil servant's relationship, as well as those of the Dienstherrn, are given the administrative right.(2) Prior to all proceedings, a pre-trial procedure shall be adopted in accordance with the provisions of the 8. Section of the administrative court order. This shall also apply if the measure has been taken by the top service authority.(3) The decision to appeal shall be issued by the supreme service authority. It may transfer the decision by general order to other authorities for cases in which it has not taken the measure itself. The order shall be published.(4) The opposition and the action against the secondhand or the translation shall not have suspensive effect. Non-official table of contents

§ 127 Representation of the Dienstherrn.

(1) In the case of claims from the civil service relationship, the Dienstherr will be held by the top The Office shall be represented by the Office of the Service, which is subject to the official status of the official or of the official or who has been subject to the termination of the civil service. In the case of claims in accordance with § § 53 to 61 of the civil service provision law, the Dienstherr is represented by the top service authority, whose factual instruction is subject to the regulatory authority.(2) If the highest service authority no longer exists and if another service authority is not determined, the Federal Ministry of the Interior shall replace it in its place.(3) The supreme service authority may delegate the representation by a general order to other authorities. The order is to be published in the Bundesgesetzblatt. Non-official table of contents

§ 128 Delivery of dispositions and decisions

Orders and decisions, the officials or officials Persons entitled to a pension shall be notified in accordance with the provisions of this Act, shall be notified if a period of time is put into effect by them or if the rights of the civil servant or of the official or of the persons entitled to supply are affected by them. Unless otherwise provided by law, delivery shall be governed by the provisions of the Administrative Delivery Act.

Section 10
Special legal relationships

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§ 129 Officials and Officials of the Supreme Federal Institutions

(1) The officials of the Bundestag, the Federal Council and the Federal Council of Germany Federal Constitutional Courts are officials of the federal government. The appointment, dismissal and retirement shall be made by the President of the Bundestag, the President of the Federal Council, the President of the Federal Council, or the President of the Federal Republic of Germany, or the President of the Federal Republic of Germany. Federal Constitutional Court. These are in each case the top service authority.(2) The Director or the Director of the Federal Council may be transferred at any time to the one-hour retirement, insofar as she or he is a civil servant for life or civil servant. Non-official table of contents

§ 130 Scientific and senior staff of federal institutions of higher education

(1) The officers and officers Heads, the officials of the main professional members of the governing bodies, as well as the civil servants of a Federal University of Applied Sciences who are members of the scientific staff, who, according to the law of the country, are the property of a state-recognised university , and whose staff is at the service of the Federal Government, stand in an official relationship with the Federal Government.(2) The academic staff of these universities consists, in particular, of the university teachers (professors, junior professors and junior professors), the academic staff, and scientific staff and teaching staff for special tasks.(3) The university teachers shall carry out their duties in the fields of science, research, teaching and continuing education in their subjects on their own, according to the detailed structure of their employment relationship.(4) Professorships and junior professorships are to be written out publicly. An invitation to tender may be waited if
1.
has an existing civil servant relationship on the same professorship in a life-time civil servant Or
2.
to appoint a junior professor of your own university
(5) Scientific staff members are the civil servants who are responsible for scientific services. In well-founded cases, the self-employed perception of tasks in research and teaching can also be transferred to them.(6) Teacher for special tasks, insofar as they are not in a private-law service, are officials who are also employed without fulfilling the recruitment requirements for university teachers and teachers , provided that the teaching of practical skills and knowledge is mainly necessary. Non-official table of contents

§ 131 Settings requirements for university lecturers and academic staff scientific staff member

(1) Requirements for professors are, in addition to the general conditions of service,
1.
completed university studies,
2.
pedagogical aptitude,
3.
a special Qualification for scientific work, which is usually demonstrated by the quality of a doctorate, and
4.
according to the requirements of the position
a)
additional scientific services or
b)
special services at the Application or development of scientific findings and methods in a multi-annual professional practice
(2) Requirements for junior professors and junior professors are not only the general
1.
a completed university degree,
2.
pedagogical aptitude and
3.
a special qualification for scientific work, which is usually demonstrated by the outstanding quality of a doctorate
If, before or after the doctorate, there was an employment relationship as a research assistant or research assistant, the doctoral and employment phases together should not have been more than six years. extensions due to periods of non-employment prohibition, use of parental leave, leave of absence or reduction of working time due to the care or care of a child under 18 years of age or one or more In this case, other relatives in need of care and an exemption remain unaccounted for. The periods referred to in the second sentence are all fixed-term contracts with more than a quarter of the regular working time completed with a German university or research institution, as well as corresponding civil service conditions. on time and private-law service relationships.(3) In addition to the general conditions of employment, the requirement for academic staff to be employed is a completed university degree. Non-official table of contents

§ 132 State of service of the main academic and senior staff of higher education institutions

(1) As far as no private-law service is established, professors are appointed for a period of six years on the basis of the first appointment to the professor at the time of the time and the temporary civil servants. By way of exception, the immediate justification of a life-time civil service relationship is possible if
1.
Applicants for a professorship cannot be won otherwise or
2.
a Junior professor of your own university will be appointed.
After three years at the earliest, the civil servant relationship can be converted to such a lifetime if the university has previously been subject to an evaluation procedure. has performed with a positive result. If there is no conversion into a life-time service, the professors are dismissed at the end of their term of office or when the age limit is reached from the civil servant's relationship. A one-time re-appointment in a civil servant relationship on the same professorship is permitted.(2) In so far as no private legal service is established, junior professors are appointed for a period of three years on time or on temporary civil servants. The civil service is to be extended for a further three years in the course of the third year, if the junior professor has proven itself as a university teacher or university teacher. Otherwise, it can be extended by up to a year. A further extension, except in the cases referred to in paragraph 5, shall not be permitted. This also applies to a re-appointment as junior professor or junior professor.(3) Scientific staff members whose position provides for temporary employment shall, in so far as no private legal service is established, become civil servants for a period of three years; and Officials appointed for a period of time. A one-off extension of the civil service period for a further three years is permitted.§ § 42 and 48d, for civil servants senior assistants, civil servants, civil servants, civil servants and civil servants § § 42 and 48b and for civil servants are subject to § § 42 and 48d. Academic and artistic assistants § § 42 and 48 of the Higher Education Framework Act (Hochschulframework) in the up to 30. The text is in force in December 2004.(5) In so far as university lecturers or academic staff are temporary and temporary civil servants, the duty of service shall be provided, provided that there are no official reasons for doing so, Application by the official or the official concerned at the time of a prohibition of employment and the use of parental leave and, of up to three years, periods of family-related part-time or leave of absence according to § 92 and at times of periods of absence of a family care period in accordance with § 92a.(6) The entry of a professor into retirement for the achievement of the age limit becomes effective at the end of the semester or trimester, in which the rule age limit is reached. A transfer to retirement on request is to be made at the end of the semester or trimester, unless health reasons are contrary to that. A dismissal from the civil service relationship on request may be deferred until the end of the semester or trimester, if service concerns so require.(7) At the request of the professor, the entry into retirement as a whole may take place until the end of the month in which the 75. It will be completed if this is in the interest of the service on the basis of the particular scientific achievements in individual cases. Section 53 (1) sentence 2 shall apply accordingly.(8) Officers officers and officers who have been officers and officers of the main professional bodies are appointed for a period of six years in an official relationship of time. They are dismissed from this civil service relationship at the end of their term of office or when the rule age limit is reached. By way of derogation from the second sentence, they shall retire at the end of their term of office or when they reach the rule age limit, if they are
1.
a service period of at least ten years in civil service conditions or in a service as a professional soldier or professional soldier with a claim to pay , or
2.
from a civil servant's relationship to life, or from a service as a professional soldier or a professional soldier, to a time-of-time civil servant .
If, in the cases of sentence 3, No. 2, the civil servant is a civil servant, this legal relationship rests with all the rights and obligations for the duration of the civil service period, with the exception of the Duty of secrecy and prohibition of acceptance of rewards, gifts and other benefits.(9) The rules on career paths and on the retirement age, as well as § § 87 and 88, shall not apply to university lecturers. If the remit of a higher education institution requires a regular or scheduled presence, the supreme service authority may declare the § § 87 and 88 applicable to certain categories of civil servants.(10) Higher education teachers can only be secondhand or transferred with their consent. In the event of the dissolution, the merger or a substantial change in the structure or tasks of state-approved universities of the Federal Government, whose training courses are exclusively aimed at the public service, § 28 (3) shall apply. for female professors, professors, junior professors, junior professors as well as university lecturers. Non-official table of contents

§ 133 honorary officers

(1) The regulations apply to honorary officers in accordance with § 6 para. 5 this law with the following measures:
1.
After reaching the rule age limit, honorary officers can be passed. They shall be adopted if the other conditions for the discontinuation of an official or an official are to be retired.
2.
Not applicable § § 28, 53 (2), § § 72, 76, 87, 88, 97 to 101 and 104, on honorary consular officers and honorary consular officers, in addition § 7 para. 1 no. 1.
(2) The accident care for honorary officers and their survivors is directed at in accordance with Section 68 of the Staff Regulations.(3) In addition, the legal relationships shall be governed by the specific rules applicable to the individual groups of honorary officials.

Section 11
Reformation of entities

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§ 134 reformation of a corporation

(1) civil servants of a legal person of the public On the right with the ability to exercise dither (body), which is completely incorporated into another body, the formation of the law into the service of the receiving body occurs with the formation of the law.(2) Officials of a body, which is fully incorporated into several other bodies, shall be pro rata to the service of the receiving bodies. Within a period of six months from the date on which the transformation has taken place, the bodies concerned shall, in agreement with each other, determine the bodies of which the individual officials shall take over the . As long as the acquisition has not been carried out, all the bodies involved shall be liable for the relevant references as the total debtor.(3) Officials of a body, partially incorporated into one or more other entities, shall be part of a proportionate part, in the case of several entities, in the service of the receiving bodies. taking over. The second sentence of paragraph 2 shall apply.(4) Paragraphs 1 to 3 shall apply accordingly when a body is united with one or more other entities to form a new body, if one or more new bodies from a body or parts of a body are new bodies. Physical bodies are formed or if tasks of a body are completely or partially transferred to one or more other entities. Non-official table of contents

§ 135 Legal consequences of retraining

(1) If an official or a civil servant enters the law in accordance with Section 134 (1) of the Law, In the case of another body, or if it is taken over by another body on the basis of Section 134 (2) or (3), the civil servant's relationship with the new Dienstherrn will be continued.(2) In the case of Section 134 (1), the official or the official shall be confirmed in writing by the receiving or new body to continue the civil service relationship.(3) In the cases of Section 134 (2) and (3), the takeover shall be provided by the body in whose service the civil servant or the official is to perform. The service shall be made available to the official or to the officials. The official or the official shall be obliged to comply with the order. If it does not comply with the obligation, it or it shall be dismissed.(4) Paragraphs 1 to 3 shall apply accordingly in the cases of Section 134 (4). Non-official table of contents

§ 136 Legal status of civil servants

(1) In accordance with § 134, the service of a different body has been transferred to the service of another body. or of the officials who have been transferred from it shall be entrusted with an office of equal importance and content to the Office so far. If a use corresponding to the previous office is not possible, § 28 (3) and § 34 (1) sentence 1 no. 4 shall apply accordingly. In the case of the application of Section 28 (3), the official or the official may, in addition to the new official title, be entitled "out of service", or " a. D. " .(2) The receiving or new entity may, if the number of officials present in the course of its formation exceeds the actual need, within a period of six months, the female civil servants for life, or at the time of the temporary retirement or at the time of life or at the time the area of responsibility has been affected by the formation of the retraining. The period of the sentence 1 shall begin in the case of section 134 (1) with the transfer, in the cases of § 134 (2) and (3), with the determination of those civil servants who are obliged to take over the body. The same applies in the cases of Section 134 (4). § 55 sentence 2 shall apply. In the case of temporary and temporary civil servants in temporary retirement, the temporary retirement ends at the end of the term of office. They shall be deemed to be permanently retired at that time if they had retired in the course of their term of office if they were left in office. Non-official table of contents

§ 137 Legal status of the beneficiaries

(1) The provisions of § 134 (1) and (2) and § 135 shall apply mutatily to the recipients of the care provided at the time of reformation to the donor body.(2) In the cases of Section 134 (3), the claims of the recipients of the care provided at the time of the conversion shall remain in relation to the donating entity.(3) Paragraphs 1 and 2 shall apply accordingly in the cases of Section 134 (4).

Section 12
Tensioning and Defense Case, Use abroad

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§ 138 Scope

limitations, orders and obligations pursuant to Sections 139 to 142 are permitted only in accordance with the provisions of article 80a of the Basic Law. They shall not apply to persons within the meaning of Section 5 (1) of the Employment Protection Act. Non-official table of contents

§ 139 Service in the case of defense

(1) Officials can also be used for the purposes of defence without their To be assigned to another service provider or to provide services in the case of over-or inter-governmental civilian services.(2) Officials may also, for purposes of defence, be entrusted with tasks which do not correspond to their duties or to their qualifications, provided that they are taken over after their pre-training and training and with regard to the Exceptional situation is reasonable. Tasks of a career with lower access conditions may only be entrusted to them if this is unavoidable for service reasons.(3) In the performance of the tasks assigned to them for the purpose of defence, officials and civil servants shall be entitled to take on their own risks and problems, insofar as these may be attributed to them in the circumstances and in the personal circumstances.(4) In the event of a transfer of their authority or office, officials shall also be obliged to provide services in the new place of employment. Unofficial table of contents

§ 140 Discharge of dismissal and retirement

The dismissal of the civil servants on their request may be made for: The purpose of the defence is to be deferred if it is necessary in the public interest and if the staffing requirements of the public administration in the area of its dienditerre cannot be met on a voluntary basis. The first sentence shall apply to the expiry of the term of office in the case of civil servants ' relations on time. Entry into retirement after reaching the age limit and early retirement on request without proof of invalidity may be deferred under the conditions of sentence 1 to the end of the month, in to which the rule age limit is reached. Non-official table of contents

§ 141 Revocation of retirement officers

retired officials and retirees who are the Have not yet reached the age limit, can be reappointed for defence purposes in a civil servant relationship if this is necessary in the public interest and if the staffing requirements of the public administration in the area of their have not been able to be covered on a voluntary basis. The civil servant ratio ends when it is not finished before, with the end of the month in which the rule age limit is reached. Non-official table of contents

§ 142 Obligon to community accommodation and multi-work

(1) If there are grounds for service, civil servants may be required to: and officials shall be required, for the purposes of defence, to reside temporarily in a Community accommodation and to participate in a Community catering.(2) Officials shall be obliged to do service without special remuneration for the purposes of defence beyond regular working hours. For the purposes of the additional stress, a free time shall be granted only in so far as it allows for the service requirements. Non-official table of contents

§ 143 Usages abroad

(1) Officials who are responsible for the performance of the Office being transferred abroad or are used outside the territory of the German territory on ships or in aircraft, and are subject to increased risks due to conditions which are significantly different from the national territory, may be required for service reasons,
1.
temporarily living in a community accommodation and participating in a communal catering,
2.
wearing protective clothing,
3.
wear service clothes and
4.
going beyond regular working hours without special remuneration service.
In the cases of sentence 1, No. 4, a recreational allowance is only granted for the multiple-use, in so far as it allows for the service requirements.(2) Officials used in accordance with paragraph 1 shall be retired at the time of the scheduled entry into retirement pursuant to Sections 44, 51 and 53 or of the scheduled expiry of their term of office for the purpose of enforced disappearance, captivity or any other service , the duty ratio shall be extended until the end of the month following the termination of this state.

Section 13
Transient and Final Provisions

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§ 144 

(1) If a federal body, institution or foundation under public law is a civil servant or an official, the supreme federal authority responsible for the supervision of the public authority in the Federal Republic of Germany may be required to Cases in which, under this Act or the Civil Service Act, the supreme service authority has the decision to reserve this decision or to make the decision conditional on its prior consent. It can also establish binding principles for the decision.(2) In the case of federal bodies, institutions and foundations of public law which do not possess the authorities, the authorities shall replace them for the purpose of transferring or transferring to the authority of a public authority in this law or the law on the supply of civil servants the law of a public authority. Responsibilities shall be the competent administrative body. Non-official table of contents

§ 145 Legal Regulations, Implementing Provisions

(1) Legal orders under this Act do not require the Approval of the Federal Council.(2) The general administrative provisions necessary for the implementation of this Act and of the legal regulations enacted pursuant to this Act shall be adopted by the Federal Ministry of the Interior, provided that nothing else is determined by this law. Non-official table of contents

§ 146 Public Religious Societies

This law does not apply to public service providers. Religious societies and their associations. It is left to them to regulate the legal relationships of their civil servants and chaplainists in accordance with this law, or to declare the law applicable to them. Non-official table of contents

§ 147 Transitional rules

(1) Up to a change in the budget, but up to 31. December 2010, can be deviated from § 10 para. 3 first alternative. The trial period and § 6 (1) No. 3 of the Federal Civil Service Act (Bundesbeamtengesetz) are included in the version of the notice of 31 December 2011. March 1999 (BGBl. 675) in the up to 11. The current version is to be applied in February 2009.(2) In the case of civil servants who have been appointed to a trial in an official relationship prior to the entry into force of this law, they are replaced by Section 10 (1) and (3) and Section 11 of Section 6 (1) and Section 9 of the Federal Civil Service Act (Bundesbeamtengesetz) in the version of the Notice of 31 March March 1999 (BGBl. 675) in the up to 11. The Directive shall apply in force in February 2009. By way of derogation from the first sentence, officials shall become officials before the 12. In the case of a civil servant relationship, they are appointed to a life-time civil servant relationship upon request, if
1.
they have proven themselves in full in the trial period and
2.
since the appeal to the
theGovernment is reviewing the raising of the age limits in accordance with § § 51 and 52, taking into account the report in accordance with Section 154 (4) of the Sixth Book of Social Code.