Federal Civil Service Law (BBG)

Unofficial table of contents

BBG

Date of completion: 05.02.2009

Full quote:

" Bundesbeamtengesetz vom 5. February 2009 (BGBl. I p. 160), most recently by Article 1 of the Law of 6 March 2015 (BGBl. I p. 250).

Status:

Last amended by Art. 1 G v. 6.3.2015 I 250

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 12.2.2009 + + +) 

  

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

Content Summary

Section 1
General provisions

§ 1	Scope
§ 2	Diensthernability
§ 3	Definitions

Section 2
Civil servant ratio

§ 4	Civil servant ratio
§ 5	Admissibility of the civil service
§ 6	Types of civil service
§ 7	Requirements of the civil service
§ 8	Vacancy
§ 9	Selection criteria
§ 10	Appointment
§ 11	Conditions for appointment to life
§ 12	Competence and effectiveness of the appointment
§ 13	Invalidity of the appointment
§ 14	Withdrawal of the appointment
§ 15	Legal consequences of non-nominations or appointments of appointments

Section 3
Runways

§ 16	Career
§ 17	Admission to the runways
§ 18	Recognition of career qualifications as a result of Directive 2005 /36/EC and professional qualifications acquired in third countries
§ 19	Other applicants
§ 20	Setting
Section 21	Service assessment
Section 22	Promotions
Section 23	Transport lock between two mandates
§ 24	Guide Offices on a sample
Section 25	Non-discrimination
Section 26	Legal regulation on runways

Section 4
Secondhand, translation and assignment

§ 27	Secondhand
§ 28	Offset
§ 29	Assignment

Section 5
Termination of civil service
Subsection 1
Dismissal

§ 30	Termination reasons
Section 31	Dismissal by law
Section 32	Dismissal for compelling reasons
§ 33	Dismissal on request
Section 34	Dismissal of civil servants on sample and officials on sample
§ 35	Dismissal of civil servants in management posts on trial
§ 36	Dismissal of political officials on trial and political officials on trial
Section 37	Dismissal of officials on revocation and civil servants on revocation
§ 38	Procedure for dismissal
§ 39	Consequences of dismissal
§ 40	Withdrawal of elections or adoption of political offices
Section 41	Loss of civil servants ' rights
§ 42	Effect of a retrial
Section 43	Mercy law

Subsection 2
Incapacity

Section 44	Incapacity
§ 45	Limited serviceability
Section 46	Recovery of service capability
§ 47	Incapacity procedure
§ 48	Medical examination
§ 49	Retirement of civil servants ' relationship to trial due to incapacity

Subsection 3
Retirement

§ 50	Wait Time
Section 51	Retirement due to reaching the age limit
Section 52	Retirement on request
Section 53	Postponing the entry into retirement
§ 54	One-off retirement
§ 55	Early retirement in case of organisational change
§ 56	Beginning of the initial period of retirement
Section 57	Revocation
Section 58	End of the single-digit retirement
§ 59	Responsibility for retirement

Section 6
Legal position in the civil service relationship
Subsection 1
General duties and rights

§ 60	Basic duties
Section 61	Perception of tasks, behavior
Section 62	Follow-up
§ 63	Responsibility for the legality
Section 64	Eidescompulsory, eidesformula
Section 65	Waiver of official acts
Section 66	Prohibition of conduct of business operations
Section 67	Confidentiality of Obligations
Section 68	Failure to approve the issue
Section 69	Review refund
Section 70	Information to the media
Section 71	Prohibition of acceptance of rewards, gifts and other benefits
Section 72	Choice of apartment
Section 73	Residence permit
Section 74	Clothing
§ 75	Obligation to pay damages
Section 76	Transfer of a claim for damages against third parties
Section 77	Non-compliance with obligations
Section 78	Duty of care of the Dienstherrn
§ 79	Maternity leave, parental leave and youth employment protection
§ 80	Aid in cases of sickness, care and birth
§ 81	Travel expenses
Section 82	Removal Cost
Section 83	Separation Money
Section 84	Anniversary Grant
Section 84a	Recovery to much paid cash benefits
§ 85	Service Certificate
§ 86	Official names

Subsection 2
Working Time

Section 87	Working Time
Section 88	Multi-work
§ 89	Recreation holidays
§ 90	Holidays from other events, Mandates and Mandates
Section 91	Part Time
§ 92	Family-related part-time and leave of absence
§ 92a	Family Care Time
Section 93	Age Part Time
Section 94	Obligation to refuse
§ 95	Leave of absence without remuneration
§ 96	Stay away from the service

Subsection 3
Secondary activity

Section 97	Definitions
Section 98	Side-by-side activities in the public sector
§ 99	Secondary activities subject to authorisation
§ 100	Secondary activities not subject to approval
§ 101	Exercise of secondary activities
Section 102	Claim for liability for liability of secondary activity
Section 103	Deletion of the secondary activity associated with the main office
Section 104	Adoption of detailed legal regulations
Section 105	Obligation to notify after termination of the civil service

Subsection 4
Human resources law

Section 106	Personnel file
Section 107	Access to the Staff Act
Section 108	Aid Act
§ 109	Hearing duty
§ 110	Right of view
Section 111	Submission of personal files and information to third parties
Section 111a	Collection and use of personnel data on behalf of the
Section 112	Removal of documents
Section 113	Retention period
Section 114	Automated processing of human resources data
§ 115	Transfers in criminal proceedings

Section 7
Officials ' Representation

Section 116	Membership in trade unions and professional associations
Section 117	Staff representation
Section 118	Participation of top organisations

Section 8
Federal Personality Committee

§ 119	Tasks
§ 120	Members
Section 121	Legal status of Members
§ 122	Rules of
§ 123	Meetings and Decisions
Section 124	Evidence collection, information and mutual assistance

Section 9
Appeal and legal protection

§ 125	Service for applications and complaints
§ 126	Administrative Right
§ 127	Representation of the Dienstherrn
§ 128	Delivery of orders and decisions

Section 10
Special legal relationships

Section 129	Officials and officials of the supreme federal bodies
§ 130	Scientific and executive staff of the Federal Universities
Section 131	Recruitment requirements for university lecturers and academic staff
Section 132	Position of the main professional scientific and senior staff of the universities
§ 133	Honorary officers and honorary officers

Section 11
Reformation of bodies

Section 134	Reformation of a body
§ 135	Legal consequences of the transformation
Section 136	Legal status of civil servants
Section 137	Legal status of the recipients of the supply

Section 12
the case of tension and defence,
Uses abroad

§ 138	Scope
Section 139	Service in the case of defence
§ 140	Deferment of dismissal and retirement
Section 141	Revocation of retirees
Section 142	Commitment to the Community accommodation and additional work
Section 143	Uses abroad

Section 13
Transitional and final provisions

Section 144	Decision-making law of the highest federal authorities
§ 145	Legal Regulations, Implementing Regulations
Section 146	Public-law religious societies
Section 147	Transitional arrangements

Section 1
General provisions

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§ 1 Scope

This law applies to civil servants of the federal government, unless otherwise provided by law. Unofficial table of contents

§ 2 Diensthernability

The right to have officials and civil servants have the federal government as well as federal bodies, institutions and foundations of public law which have this right at the time of entry into force of this law or to which it thereafter by Law or on the basis of a law. Unofficial table of contents

§ 3 Definitions

(1) The chief official of the official or the official is the supreme authority of a servant's office in whose business the civil servant or the official holds an office. (2) Service supervisor or service supervisor is who is responsible for civil servants? (3) a supervisor or supervisor is responsible for who may give official orders. (4) The service supervisor and the staff member. Pre-legislative property is determined by the structure of the administration.

Section 2
Civil servant ratio

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§ 4 Officials

Civil servants and civil servants are in a public service and loyalty ratio (civil service relationship). Unofficial table of contents

§ 5 Admissibility of the civil service

The appointment to the civil servant relationship is only admissible for perception

1.

tasks or duties of a Member State

2.

tasks which, in order to ensure the security of the state or public life, are not to be transferred exclusively to persons who are in a private-law relationship.

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§ 6 Types of civil service

(1) The duty of civil servants at life time serves the continuous 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 stipulated by law. (3) The duty ratio on the sample is used for the performance of a trial period.

1.

for later use for life or

2.

for the transfer of an office with a senior function.

(4) The official relationship shall be for revocation.

1.

the performance of a preparatory service; or

2.

the temporary perception of tasks in accordance with § 5.

(5) The honorary civil servant relationship 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. Unofficial table of contents

§ 7 Conditions of the civil service

(1) The civil servant relationship may be appointed

1.

German or German within the meaning of Article 116 (1) of the Basic Law, or nationality

a)

in another Member State of the European Union, or

b)

other Contracting State of the Agreement on the European Economic Area, or

c)

of a third country to which the Federal Republic of Germany and the European Union have contractually accorded a right to recognition of professional qualifications,

,

2.

offers the guarantee to enter at any time for the free democratic basic order within the meaning of the Basic Law, and

3.

a)

the pre-education required for the relevant career, or

b)

has acquired the necessary skills through life and work experience.

(2) If the tasks so require, 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 need for service for the appointment of the official or the official. Unofficial table of contents

§ 8 Job tender

(1) posts to be filled shall 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 regulation. (2) The nature of the call for tenders shall be governed by the supreme service authority in accordance with the provisions of Section 6 of the Federal Employment Equality Act. Unofficial table of contents

Section 9 Selection criteria

The selection of applicants depends on their suitability, competence and professional performance without regard to gender, descent, race or ethnic origin, disability, religion or belief, 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. Unofficial table of contents

Section 10 Appointment

(1) An appointment shall be required to:

1.

the reasons for the civil servant's relationship;

2.

Conversion of the civil service relationship into such a different kind,

3.

-the award of another office, including the final basic salary and the other official name, or

4.

Award of another office with a different designation of office when changing the category of career.

(2) The appointment shall be made by handing out a certificate of appointment. In the document must be included

1.

in the case of the official relationship, the words 'on the basis of the official relationship' with the words 'on life', 'on a sample', 'on revocation' or 'as an honorary official' or 'as honorary civil servant', which determines the type of civil service relationship or "on time" with the indication of the duration of the appeal;

2.

in the case of the conversion of the civil service relationship into such a different kind, the words of this type as referred to in point 1 and

3.

in the case of the award of an office.

(3) At the same time, an office is awarded on the grounds of a civil servant's relationship with the sample, on a lifetime and on time. Unofficial table of contents

Section 11 Conditions of appointment to life

(1) In the case of a life-time official or a life-time official, only one person may be appointed:

1.

complies with the conditions laid down in Article 7; and

2.

has proven itself in a trial period to its full extent.

The probation of the parole shall be subject to a strict standard. 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 The duty factor on 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 salary. Unofficial table of contents

§ 12 Responsibility and effectiveness of the appointment

(1) The Federal President or the Federal President, or a body designated by her or him, shall appoint the officials, unless otherwise provided by law. (2) The appointment shall be made with the day of delivery of the appointment certificate. effective if a later date is not expressly determined in the document. An appointment to a past date is inadmissible and ineffectual. (3) With the appointment, a private-legal relationship with the Dienstherrn shall be issued. Unofficial table of contents

§ 13 Invalidity of the appointment

(1) The appointment shall be void if:

1.

it does not conform to the form prescribed in Article 10 (2);

2.

it has been pronounced by a competent authority or

3.

at the time of appointment

a)

no appointment was permitted pursuant to Section 7 (1) no. 1 and no exemption pursuant to section 7 (3) was permitted; or

b)

the capacity to exercise public office was not available.

(2) The appointment shall be deemed to be effective from the outset, if:

1.

in the case referred to in paragraph 1 (1) from the document or from the contents of the file, it is clear that the body responsible for the appointment shall give rise to a specific civil service relationship or to an existing civil servant relationship in such a different kind where the other conditions are available, and the one or more of the service staff has established this 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 competent authority shall confirm the appointment, or

3.

in the case referred to in paragraph 1 (3) (a), an exemption pursuant to section 7 (3) shall be subsequently admitted.

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Section 14 Revocation of the appointment

(1) The appointment shall also have effect for the past, if:

1.

it was brought about by coercion, fraudulently deception or bribery,

2.

that the appointed person was not aware of the fact that the person appointed is legally convicted for a criminal offence and therefore appears to be unworthy of the appointment to the civil servant's relationship; or

3.

the appointment under Section 7 (2) was not allowed to take place and an exception pursuant to section 7 (3) was not permitted and an exception is not allowed retrospectily.

(2) The appointment shall be withdrawn if it was not known to the Dienstherrn that the person appointed had been recognized in a disciplinary procedure for removal from the civil service relationship or on the withdrawal of the pension. This shall also apply if the decision has been taken against an official or an official of the European Union or of a State in accordance with Section 7 (1) no. 1. (3) The supreme service authority shall withdraw the appointment within six months after it has been appointed by: has become aware of it and the reason for the withdrawal. The notice of withdrawal shall be sent to the official or to the official. Unofficial table of contents

Section 15 Legal consequences of nominations of invalidity or dissent

If the first appointment has been annulled or withdrawn, the service or service staff shall prohibit any further exercise of the business. 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 Article 7 (3), the derogation shall not be subsequently admitted. The official acts carried out up to the prohibition or until the date of notification of the withdrawal shall be valid in the same way as if a civil servant or a civil servant had carried out the act. The paid remuneration can be left.

Section 3
Runways

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§ 16 Career

(1) A career path includes all posts which 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 shall be notified in writing to the official or to the official. The same shall apply if the official or the official is taken over as a result of the reformation of a body or force enters into the service of the receiving body. Unofficial table of contents

Section 17 Admission to the runways

(1) In order to be admitted to the career paths, the courses and their qualifications will be assigned to the runways, taking into account the requirements associated with the career path. (2) For admission to the careers of the simple service, the following shall be: at least to demand

1.

as an educational requirement

a)

the successful visit of a primary school, or

b)

an educational level recognised as equivalent, and

2.

as other condition

a)

a preparatory service or

b)

completed vocational training.

(3) In order to be admitted to the medium-service runways, at least

1.

as an educational requirement

a)

the conclusion of a real school or

b)

the successful attendance of a primary school and a completed vocational training or

c)

the successful attendance of a primary school and an education in a public-service training relationship or

d)

an educational level recognised as equivalent, and

2.

as other condition

a)

a preparatory service completed with a runway test; or

b)

completed vocational training corresponding to the content of its requirements, or

c)

completed vocational training and a main professional activity.

(4) At least to be required for admission to the running tracks of the upscale service

1.

as an educational requirement

a)

a school education that entitles students to study at university, or

b)

an educational level recognised as equivalent, and

2.

as other condition

a)

a preparatory service completed with a runway test; or

b)

the content of a university degree corresponding to its requirements with a Bachelor's degree or an equivalent degree, or

c)

a university degree with a bachelor's degree or an equivalent degree and a main professional activity.

(5) At least to be required for admission to the higher-service careers

1.

as an educational requirement

a)

a master's degree with a master's degree, or

b)

an equivalent degree and

2.

as other condition

a)

a preparatory service completed with a runway test; or

b)

a training corresponding to the content of the preparatory service and an examination corresponding to the content of the career examination; or

c)

a main professional activity.

(6) Pre-and training, examination and other conditions must be suitable for conveying the qualifications for the career path. (7) The Federal Government may allow exceptions to paragraphs 2 to 5 by means of a legal regulation. Unofficial table of contents

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

(1) The runway qualification may also be based on:

1.

Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 327, 30.12.2005, 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. OJ L 354, 28.12.2013, p.132),

2.

a contract concluded with a third country in which the Federal Republic of Germany and the European Union have accorded a right to recognition of professional qualifications; or

3.

a professional qualification preparatory to an activity in a public administration which has been acquired in a third country not covered by Article 7 (1) (c) (1) (c);

(2) The German language must be mastered in the measure necessary for the performance of the tasks of the career. (3) For individually attributable public services in procedures for the recognition of the career qualification according to (4) The Federal Ministry of the Interior shall be authorized, by means of a regulation, to lay down the conditions and the procedure for the recognition and the procedure for the recognition of the administrative burden. to determine the amount of the fees charged and the amount of the fees referred to in paragraph 3. (5) With the exception of § 17, the Act on Professional Qualifications does not apply. Unofficial table of contents

§ 19 Other applicants

The Federal Staff Committee or a specific independent committee shall determine who has acquired the ability to pursue a career without the required prior education through life and work experience. Unofficial table of contents

§ 20 Setting

The recruitment to a higher office than the entrance office of the career is admissible in the case of appropriate professional experience or other qualifications, in addition to the qualifications and professional experience gained for the recognition of the Career skills are required, have been acquired. The Federal Government is regulated by a regulation of the Federal Government. Unofficial table of contents

Section 21 Service assessment

Suitability, competence and professional performance of the civil servants are to be assessed on a regular basis. The Federal Government may rule out exceptions to the duty of assessment by means of a legal regulation. Unofficial table of contents

Section 22 Transport

(1) The principles of § 9 shall apply to promotions. If the selection decision is made on the basis of official assessments, the end of the last assessment period may not exceed three years at the time of the selection decision. (2) promotions with a higher quality function (4) A transport is not permitted before the end of one year. (4) A carriage shall not be allowed before the end of a year.

1.

since the setting in the civil servant relationship to the sample, or

2.

a)

since the recruitment into the civil servant's relationship to life or

b)

since the last transport,

unless the previous office did not have to go through on a regular basis.

(5) Prior to the change to an office of a higher career group, a corresponding qualification shall be proven by an examination. The Federal Government's Human Rights Committee may allow exceptions to paragraphs 2 to 4 if it does not regulate the Federal Government by means of a decree-law. Unofficial table of contents

Section 23 Transport barrier between two mandates

Lay down a mandate in the European Parliament, in the German Bundestag or in the legislative body of a country, and lay down the rights and obligations of civil servants whose rights and duties are based on the civil servant's relationship or who are on leave without remuneration, and If they apply again at this point in time for a mandate, 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 career group is not admissible. The first sentence shall apply for the period between two electoral periods. Unofficial table of contents

Section 24 Guide offices on the sample

(1) An office with a conducting function shall first be transferred to the sample in the official relationship. 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 trial 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 a life-time civil servant relationship, and

2.

He could also be appointed as a civil servant for life or a civil servant at a lifetime.

With the appointment, for the duration of the probative period, the rights and obligations arising from the post most recently transferred to life-time, with the exception of the obligation to secrecy and the prohibition of acceptance of rewards, gifts and gifts, rest for the duration of the trial period. other advantages. The civil service life-time ratio persists. The offences which have been committed in relation to the civil servant's relationship to life or the civil servant relationship shall be pursued in such a way that the official or the official shall only be in the civil service of life. (3) The 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 trial period, the Office shall, in accordance with paragraph 1, in the period of life-time in the civil service shall be transferred. 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. No further claims are made. (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, who are members of the grade B as well as of the federal 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 the Deputy Director of the Federal Council, are excluded. (6) Officials lead during their term of office, only 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 the date of departure from the official relationship to the sample. Unofficial table of contents

Section 25 Prohibition of deprivation

Pregnancy, maternity leave and parental leave must not have a negative effect on recruitment and professional progress. This also applies for part-time, teleworking and family-related leave of absence, if there are not compelling factual reasons. Unofficial table of contents

Section 26 Legal regulation on runways

(1) The Federal Government is authorized to do so by means of a legal regulation in accordance with § § 16 to 25

1.

general rules on the careers and preparatory services of civil servants and

2.

Specific rules for the individual runways and preparatory services

(2) The Federal Government may delegate the power referred to in paragraph 1 (2) by means of a decree-law to the supreme service authorities.

Section 4
Secondhand, translation and assignment

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§ 27 Abordination

(1) A secondhand shall be the temporary transfer of an activity corresponding to the office of the official or of the official to another service of the same or of another servant's office, while maintaining the membership of the former Service. The secondhand 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 due to the preformation. or vocational training. In so doing, the secondhand to an activity which does not correspond to an office with the same final basic salary shall be permitted. (3) The secondhand shall require the consent of the official or of the official, if they

1.

in the case of paragraph 2, for more than two years, or

2.

to a different kind of dientherrn.

The secondhand to another Dienstherrn is admissible without consent if the activity corresponds to another career path with the same final basic salary 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) Federal officials and civil servants of the Federal Government shall become a country, a municipality, a community association or any other body, institution or foundation under the authority of the Federal Republic of Germany, which is not subject to the supervision of the Federal Republic of Germany. In the case of temporary employment, unless otherwise agreed between the servants, the provisions on the obligations and rights of officials in the field of the receiving dienthered are and officials, other than those relating to the oath of service, Designation, payment of remuneration, sickness insurance and care. (6) The obligation to pay the remuneration also has the dienstherr to which the secondment has taken place. Unofficial table of contents

§ 28 Verpositing

(1) A transfer shall be the duration of the transfer of another office to another department with the same or another servant's body. (2) A transfer shall be made at the request of the official or of the official or for service reasons without (3) In the event of a dissolution or an essential part of the programme, its consent shall be admissible if the Office is associated with at least the same final basic salary as the former Office and the activity is reasonable on the basis of pre-training or vocational training. Change in the structure or tasks of an authority or the merger of authorities officials whose duties are affected shall be transferred without their consent to another office of the same or a different career with a lower basic salary in the same area of the same person, if any of the previous It is not possible to use the Office in question. The final basic salary shall be at least equal to that of the Office, which the official or the official has carried out before the Office has been held. Officials are obliged to take part in qualification measures to acquire the qualification for another career. (4) In other respects, the translation of the agreement of the official or of the official is required. (5) The translation into another Dienstherrn shall be provided by the donor in agreement with the receiving Dienstherrn (Dienstherrn). The agreement shall be declared in writing. Unofficial table of contents

Section 29 Assignment

(1) Officials may, with their consent, temporarily, in whole or in part, carry out an activity corresponding to their duties.

1.

in the case of a public institution with no capacity for service in the service or public interest, or

2.

in another institution, where a public interest requires it,

shall be assigned. The decision shall be taken by the supreme service authority or by a body designated by it. (2) Officials of a department wholly or partly in a publicly-organised non-dientable institution or body. be transformed into a public sector body, and without the consent of the public authorities, an activity corresponding to that institution may be assigned to that body, if public interests require it. (3) The legal status of the civil servants remains unaffected.

Section 5
Termination of civil service

Subsection 1
Dismissal

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§ 30 Termination Reasons

The civil servant relationship ends by

1.

Dismissal,

2.

Loss of civil servants ' rights,

3.

Distance from the civil servant's relationship according to the Federal disciplinary law or

4.

Entry into retirement or retirement.

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§ 31 Dismissal by law

(1) Officials and officials shall be dismissed if:

1.

the conditions laid down in § 7 (1) (1) no longer exist and an exception pursuant to section 7 (3) is also not permitted subsequently; or

2.

they enter into a public service or an official relationship to another servant's office or to a non-dientable institution under German law, or to the professional soldier, to the professional soldier, to the soldier on time or to the soldier be appointed for a period of time, unless otherwise provided by law.

Sentence 1 (2) shall not apply if:

1.

the civil servant or the official enters into a civil servant's relationship to a revocation or an honorary officer's relationship; or

2.

the supreme service authority, at its discretion, has ordered the continuation of the civil service relationship before the civil servant or the official has entered the service or office relationship with the other servant's office or body; in the case of a service of the service of the service or the official The terms of the Staff Status Act can only be arranged with the agreement of the Staff Regulations.

(2) The supreme service authority shall decide whether the conditions set out in the first sentence of paragraph 1 are met and shall establish the date of termination of the civil service relationship. Unofficial table of contents

Section 32 Dismissal for compelling reasons

(1) Officials shall be dismissed if they:

1.

refuse the oath of service or a vow prescribed at the place of the oath,

2.

cannot be retired or retired because a period of waiting time is not fulfilled, or

3.

at the time of appointment of the holder or holder of an office incompatible with the mandate of a mandate, member of the German Bundestag or of the European Parliament, and not within the authority of the highest office a reasonable period of time.

(2) Officials may be dismissed if they lose the property as German or German within the meaning of Article 116 (1) of the Basic Law in the cases of Section 7 (2). Unofficial table of contents

§ 33 Dismissal on request

(1) Officials shall be dismissed if they request in writing their dismissal in writing to the competent authority. The declaration may be withdrawn within two weeks of access by the competent authority as long as the order for dismissal has not yet been received, with the agreement of the competent authority, even after the expiry of that period. (2) Dismissal can be requested 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. Unofficial table of contents

§ 34 Dismissal of civil servants on trial and civil servants on trial

(1) Staff officers on the sample and officials on a sample within the meaning of Section 6 (3) sentence 1 may also be dismissed if there is one of the following grounds for dismissal:

1.

a behaviour which would result in at least a reduction in the remuneration in the civil service life-time,

2.

missing parole within the meaning of § 11 (1) sentence 1 no. 2,

3.

incapacity for service without the retirement of retirement, or

4.

A 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 possible for any other use.

In the case of the first sentence of sentence 1, where there is a lack of fitness for health and in the case of point 3, it must be examined for other purposes. (2) The period for dismissal is at an employment time

1.

until 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 service relationship shall apply to the sample in the area of the same top service authority. (3) In the case referred to in paragraph 1 (1), dismissal shall be possible without a period of time being observed. § § 21 to 29 of the Federal disciplinary law are to be applied accordingly. (4) Officials on the sample and officials on the sample are dismissed with the end of the month in which they reach the age limit in the civil service ratio at the time of life. Unofficial table of contents

Section 35 Dismissal of civil servants in management offices on trial

Officials in offices with a senior function are

1.

at the end of the trial period in accordance with section 24 (1),

2.

at the end of the period of civil service life,

3.

with a translation to another dientherrn,

4.

, fixing at least one reduction in remuneration as a disciplinary measure or

5.

in those cases where there is only a sample of the civil service, at the end of the month in which they reach the age limit in the civil service ratio,

from the civil servant's relationship to the sample in accordance with section 24 (1). § § 31 to 33 shall remain unaffected. Section 34 (1) shall apply accordingly. Unofficial table of contents

Section 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 same. Unofficial table of contents

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

(1) Officials on revocation and civil servants on revocation may be dismissed at any time. The dismissal is possible without the need to comply with a deadline. § 34 (4) applies accordingly. (2) Officials for revocation and civil servants on revocation in the preparatory service shall be given the opportunity to perform the preparatory service and to lay down the examination. They shall be dismissed from the civil service relationship at the end of the day at which they

1.

the existence or final non-existence of the examination or

2.

the final non-existence of a compulsory intermediate examination

is disclosed. Unofficial table of contents

Section 38 Procedure of dismissal

Unless otherwise provided for by law, the dismissal shall be provided in writing by the body 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. Unofficial table of contents

Section 39 Consequences of dismissal

After the dismissal, there is no claim to remuneration and care, unless otherwise provided by law. The supreme service authority may grant permission to use the official designation with the addition of "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. Unofficial table of contents

Section 40 Election in elections or takeover of political offices

(1) Officials shall 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 German Bundestag (2) Are appointed as a member of the government of a country, § 18 para. 1 and 2 of the Federal Ministers Act 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 The entry into a municipal electoral officer relationship on time is not to be applied to § 31 sentence 1 no. 2. 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 on the end of the month following the month in which the dismissal order is delivered. Unofficial table of contents

Section 41 Loss of civil servants ' rights

(1) Officials or civil servants in the ordinary criminal proceedings shall be appointed by the judgment of a German court

1.

because of an intentional act, a term of imprisonment of at least one year or

2.

because of an intentional act which, in accordance with the rules on the betrayal of peace, treason, endangering the democratic rule of law or treason, and endangering external security, or, in so far as the act is based on a diversion in the main office, , bribery is punishable by a custodial sentence of at least six months

, the civil servant relationship ends with the legal force of the judgment. The same applies if the ability to exercise public office is cancelled or if officials have had a fundamental right under Article 18 of the Basic Law due to a decision of the Federal Constitutional Court. (2) After Termination of the civil service relationship referred to in paragraph 1 shall not be entitled 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. Unofficial table of contents

Section 42 Effects of a retrial

(1) Where a decision which has resulted in the loss of civil servants ' rights is replaced in the retrial by a decision which does not have that effect, the civil servant's 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 new office has been transferred, it will receive the remuneration that would have been granted to them from its previous office. (2) Is due to the facts established in the retrial or to a legally binding criminal part which, according to the following: the previous decision has been taken, a disciplinary procedure with the aim of removal from the civil servant relationship has been initiated, the official or the official shall lose the rights to which he or she is entitled in accordance with paragraph 1, if at a distance from the the civil servant relationship is recognized. 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 trial or of officials on revocation and civil servants on revocation for the purposes of of 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 another work income or maintenance contribution. The civil servants are obliged to provide information on this subject. Unofficial table of contents

Section 43 Mercy Law

The President of the Federal Republic of Germany or the President of the Federal Republic of Germany, or the body designated by her or him, shall be entitled to the right of grace in respect of the loss of civil servants ' rights. If the loss of civil servants ' rights is fully removed in the course of grace, § 42 shall apply accordingly from this date.

Subsection 2
Incapacity

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§ 44 Service incapacity

(1) The life-time or life-time officer shall 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 official. 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 who can otherwise be used. (2) Any other use is possible if another office, including another career, can 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 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, also have a low-level activity, without the consent of the Office in the event of non-use, and the perception of (4) In order to avoid a retirement, the official may, after the acquisition of the qualification for a new career, be able to enter into an office of this kind without the consent of the official. A career with a lower final basic salary is offset if a use corresponding to the previous office is not possible and the perception of the new task can be expected taking into account the previous activity. 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 the official who does not have the qualification for another career is obliged to take part in qualification measures for the acquisition of the new qualification. (6) If there are doubts as to the invalidity of the service, there is a requirement that the Authority should be examined in accordance with the instructions of the Authority and, if it is considered necessary from a medical point of view, also to be observed. (7) other conditions for individual groups of civil servants Assessment of invalidity shall remain unaffected. Unofficial table of contents

Section 45 Limited serviceability

(1) If the civil servant or the official is unable to fulfil the duties of service during at least half of the regular working hours, while maintaining the transferred office, it should be possible to refrain from the transfer to retirement due to invalidity. (limited serviceability). Apart from the limited capacity to work, the official or the official referred to in Article 44 (2) or (3) is to be transferred to another office or to a small activity. (2) The working time is limited to the limited number of persons who are employed. Capacity to be shortened. 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

Section 46 Recovery of serviceability

(1) Officials who have been retired because of invalidity are required to comply with a revocation in the civil service relationship if they have been appointed to the office of their former Dienstherrn. or a different career with at least the same final basic salary and is 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, in the circumstances of the individual case, a renewed appeal to the civil servant's relationship does not occur in the (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 a It is not possible to use it for other purposes and to carry out the new task under (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 and officials are is obliged to take part in appropriate and reasonable health and professional rehabilitation measures in order to re-establish 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) Apply for civil servants or civil servants after restoration of their serviceability. (6) The renewed appointment to a civil service is also possible in the cases of limited service. (7) To be reappointed to the civil servant relationship, this request is also possible in the case of limited service. (7) To Officials are required to verify their capacity to work. in accordance with the instructions of the Authority. You may ask for such an investigation if you submit a request for renewed appeal to the civil servant relationship. (8) In the case of a renewed appeal, the former civil servant relationship shall be deemed to be continued. Unofficial table of contents

Section 47 Procedure in case of invalidity

(1) If the official or officers ' supervisors consider the state of health to be incapable of being incapacitated on the basis of a medical opinion, it is not possible to use them for other purposes or if the conditions for the limited If there is no service, she or he shall inform the official or the official that the retirement is intended for retirement. The reasons for the retirement are to be disclosed. (2) The official or the 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 dismissive order shall be sent to the official or to the official in writing. It may be taken back to the beginning of retirement. (4) The retirement begins 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

Section 48 Medical examination

(1) In the cases of § § 44 to 47, the competent authority may transfer the medical examination to only one of the general medical examiners, or to a doctor, or to 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 subordinate authorities. (2) The physician or the doctor 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 the Proportionality of the decision to be taken by the Commission. This communication shall be sent in a separate and sealed envelope and sealed to the personnel file. It may be used only for 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 their purpose and the obligation to notify in accordance with 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. Unofficial table of contents

§ 49 retirement of civil servants ' relationship to rehearsals due to invalidity

(1) Staff officers on the sample and officials on a sample shall be retired if they are due to illness, injury or other damage which they have received without gross negligence in the exercise of their duties or on the initiative of the service; (2) The rehearsals can be relocated if they have become incapaciated for other reasons, and officials on the sample can be retired. The decision shall be taken by the supreme service authority. The power may be transferred to other authorities. (3) § § 44 to 48, with the exception of section 44 (4), must be applied accordingly.

Subsection 3
Retirement

Unofficial table of contents

§ 50 Time to wait

Entry into retirement is subject to a waiting period of time, unless otherwise stipulated by law. Unofficial table of contents

§ 51 retirement age because of reaching the age limit

(1) Life-time civil servants and civil servants shall retire at the end of the month in which they reach the age limit applicable to each of them. The age limit is usually completed with the completion of the 67. (2) Life-time civil servants born before January 1, 1947, reach the age limit (rule age limit), unless another age limit (special age limit) is determined by law. (2) Rule age limit with the completion of the 65. Life Year. For life-time and civil servants born after 31 December 1946, the rule age limit shall be increased as follows:
Birth Year raising at the age of Monates Year Month

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	66	10

(3) Life-time civil servants and civil servants in the Federal Armed Forces ' fire service will retire with the end of the month, 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. Life year when they were born before 1 January 1952. For officials as defined in the first and second sentences, born after 31 December 1951, the age limit shall be increased as follows:

Year of birth Birth month increase at the age of Monates Year Month

1952
January	1	60	1
February	2	60	2
March	3	60	3
April	4	60	4
May	5	60	5
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	61	10

(4) Anyone who has reached the rule age limit or a specific age limit determined by law must not be appointed to the official or to the official. Whoever has been appointed is to be dismissed. Unofficial table of contents

§ 52 retirement on request

(1) Life-time civil servants and life-time officials may be retired on their application if:

1.

they are the 62. have been completed and

2.

are severely disabled within the meaning of Section 2 (2) of the Ninth Book Social Code.

(2) Life-time civil servants and civil servants who are severely disabled within the meaning of Article 2 (2) of the Ninth Book Social Code and who were born before 1 January 1952, may be relocated to their application if they 60. Have completed their life year. The age limit shall be raised as follows for life-time and life-time civil servants who are severely disabled within the meaning of Article 2 (2) of the Ninth Book Social Code and who are born after 31 December 1951:

Year of birth Birth month increase at the age of Monates Year Month

1952
January	1	60	1
February	2	60	2
March	3	60	3
April	4	60	4
May	5	60	5
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	61	10

(3) Life-time civil servants and civil servants may be retired at their request if they are 63. Have completed their life year. Unofficial table of contents

Section 53 postponing the entry into retirement

(1) At the request of the official or the official, the entry into retirement may be deferred for up to three years if:

1.

it is in the interest of the service, and

2.

the working time is at least half of the regular weekly working time.

The application shall be made no later than six months before the date of retirement. Under the same conditions, retirement may be deferred for a particular age limit by up to three years. (1a) The application referred to in paragraph 1 shall be in accordance with the following conditions:

1.

the official or the official before or after entry into 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 which it would receive on retirement for the retirement age because of the family-related absenteance periods referred to in point 1 does not reach the maximum limit,

3.

working time is at least half of the regular weekly working time, and

4.

do not stand in the way of a postponing of the service.

The family-related absentee periods as set out in the first sentence of the first sentence of the first sentence shall be the same as in the official or judicial relationship of the Federal Government or any other servant theres. 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 due to the postponing of retirement in particular if:

1.

to eliminate the tasks that have been taken so far,

2.

To save planning posts,

3.

the civil servant or the official is employed in a planning department,

4.

the task of the official or of the official is subject to a fixed rotation principle;

5.

-other reasons for personal economic reasons against continued employment, or

6.

It is to be expected that it or it will no longer meet the requirements of the service.

(2) The entry into retirement may, in individual cases, be deferred for a maximum of three years with the consent of the official or the official if:

1.

the business operations can only be continued by this official or by those officials; and

2.

the working time of the official or of the official is at least half of the regular working time.

The same shall apply at a special age limit. (3) Paragraphs 1 and 2 shall apply in accordance with the Staff Regulations in accordance with § 24. (4) At the request of the official or the official, the retirement may be due to the existence of a service. Interest shall be deferred for a maximum of two years. 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 begin before 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 work is to begin. (5) The request referred to in paragraph 4 may only be met if the official or the official undertakes, during the period of -the granting of professional obligations outside the civil service only to the extent permitted by full-time employees the exercise of 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 has not been complied with, the authorization shall be revoked with effect for the future. (6) The authorization referred to in paragraph 4 shall not, except in the cases referred to in paragraph 5, sentence 4 with effect for the future, be subject to the following conditions: , if the official or the official cannot be allowed to work part-time. 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 announced. The provisions concerning the termination of the civil service relationship due to invalidity and the determination of the limited service capacity shall remain unaffected. Unofficial table of contents

Section 54 Inauguration Retirement

(1) The President of the Federal Republic of Germany or the President of the Federal Republic of Germany may at any time put the following political officials in the incumbent retirement age if they are civil servants for life or civil servants at life:

1.

State Secretaries and State Secretaries, as well as ministerial directors,

2.

other senior officials in the external service from grade B 3 to upwards, as well as ambassadors in grade A 16,

3.

Officers of the higher service of the Office of the Military shielding service, the Federal Office for the Protection of the Constitution and the Federal Intelligence Service from the grade B 6 upwards,

4.

the Head of the Press and Information Office of the Federal Government, the Deputy Spokesperson of the Federal Government, and the Deputy Spokesperson of the Federal Government,

5.

the Federal Prosecutor General or the Federal Court of Justice in the Federal Court of Justice,

6.

(dropped)

7.

the President or President of the Federal Criminal Police Office,

8.

the President of the Federal Police Bureau,

9.

The President of the Federal Office for Human Resources Management of the Bundeswehr,

10.

the President of the Federal Office for the Equipment, Information Technology and Use of the Bundeswehr, and

11.

The President of the Federal Office for Infrastructure, Environmental Protection and Services of the Federal Armed Forces.

(2) Legal provisions, which allow other political officials to be placed in the permanent retirement age, shall remain unaffected. Unofficial table of contents

§ 55 Retirement Retirement in the event of organisational change

In the event of a dissolution or a substantial change in the structure or tasks of an authority or the merger of authorities, civil servants may, at the time of their life and their duties, be affected by this, and who shall be the subject of an office of the Bundesbesoldungsordnung B (Bundesbesoldungsordnung B), to be transferred to the subordinated retirement age if the organizational change saves a plan office corresponding to their 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. Unofficial table of contents

Section 56 Start of the first-time retirement

If a later date is not expressly fixed in individual cases, the period of entry into force shall begin at the time when the suspension is notified to the official or to the official, but at the latest, by the end of the third month following the announcement of the month of notification. The order can be taken back to the beginning of retirement. Unofficial table of contents

Section 57 Revocation

The civil servants, who are retired in the one-way retirement, shall be obliged to return to the civil service life-time relationship if they have a post with at least one of their former servants ' offices. to the same final basic salary. Unofficial table of contents

Section 58 End of the Introductory Retirement

(1) The first-time retirement ends with renewed appointment to the civil servant's relationship to life. (2) The civil servants who have been retired in the one-time retirement are deemed to be permanently retired when the limit of the rule age is reached. Unofficial table of contents

Section 59 Responsibility to retire from retirement

Retirement shall be provided by the authority responsible for the appointment, unless otherwise provided by law. The enforcement order shall be sent to the official or to the official in writing. It can be taken back to the beginning of retirement.

Section 6
Legal position in the civil service relationship

Subsection 1
General duties and rights

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Section 60 Basic obligations

(1) Officials and civil servants serve the whole people, not one 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 advocate their maintenance. (2) Officials and officials have the right to do so in the course of political activity. To maintain moderation and restraint arising from their position vis-à-vis the general public and in respect of the duties of their office. Unofficial table of contents

§ 61 Perception of tasks, conduct

(1) Officials have to devote themselves to their profession with full personal commitment. They have the office entrusted to them to carry out unselfishly to the best of their conscience. Their conduct inside and outside the service must be based on respect and trust that requires their profession. (2) Officials are obliged to take measures of the service qualification for the maintenance or further development of the service. of their knowledge and skills. Unofficial table of contents

Section 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 does not apply insofar as the officials are not bound by instructions in accordance with special legal provisions and are only subject to the law. (2) Officials for organizational changes have to comply with the Dienstherrn sequence. . Unofficial table of contents

Section 63 Responsibility for the legality

(1) Officials shall bear the full personal responsibility for the legality of their duties. (2) Concerts against the legality of official orders shall immediately be held by civil servants in the case of the to assert immediate superiors. 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 person or is punishable or unpunishable and the criminality or administrative offence is discernible for the civil servants. The confirmation shall be made in writing on request. (3) A supervisor or supervisor shall require the immediate execution of the order, because the risk is in default and the decision of the superior supervisor shall not be taken in time , paragraph 2, sentence 3 to 5 shall apply mutatily. Unofficial table of contents

§ 64 Eidescompulsory, eidesformula

(1) Officials shall have the following oath of service: " I swear to uphold the Basic Law and all laws in force in the Federal Republic of Germany and to conscientiously fulfil my official duties, so help me God. "(2) The oath can also be made without the words" as true to me God ". (3) If a civil servant or a civil servant, for reasons of faith or conscience, departs from the prescribed oath, in place of the words" I swear " the words. (4) In cases in which, pursuant to Section 7 (3), an exemption from Section 7 (1) (1) No. 1 has been admitted, an oath of performance may be waiving. Unless otherwise provided by law, the official shall, in such cases, have to conscientiously fulfil his or her official duties. Unofficial table of contents

Section 65 Liberation of official acts

(1) Officials are to be exempted from acts which would be directed against them or their relatives, in the benefit of which they are entitled to the right to refuse to give evidence on the grounds of family law relations in criminal proceedings. (2) Legal Provisions which exclude civil servants from individual official acts shall remain unaffected. Unofficial table of contents

Section 66 Prohibition of the management of business operations

The supreme service authority or the authority designated by it may prohibit a civil servant or an official from conducting business operations on compelling grounds. 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 up to the end of three months against the official or the official. has been made. Unofficial table of contents

Section 67 Obligation to comply with the obligation of confidentiality

(1) Officials shall maintain secrecy on the matters of service which have become known to them on or on occasion of their official activities. This shall also apply beyond the scope of a Dienstherrn as well as after termination of the civil service relationship. (2) Paragraph 1 shall not apply, to the extent that:

1.

Communications in the field of service are available,

2.

to be informed of facts which are obvious or which do not require secrecy in their importance; or

3.

a factual suspicion of corruption in accordance with the competent supreme service authority, a law enforcement authority or any other authority or extra-service authority designated by the supreme service authority, § § 331 to 337 of the Criminal Code is displayed.

In addition, the obligations laid down by law to indicate planned offences and to enter into force for the maintenance of the free democratic basic order remain unaffected by paragraph 1. (3) Officials may not be allowed to use any of the following provisions: They shall not issue or make statements in court or out of court or out of court in accordance with 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 subject of the statement has occurred in the case of an earlier servant, the authorisation may be granted only with the consent of the latter. (4) Officials shall have, even after the termination of the civil service relationship, the require official documents, drawings, pictorial representations and records of each type of service, including those relating to reproductions, to be made by the service superiors or officers, or by the last official or the last service officer; to issue. The same applies to their survivors and heirs. Unofficial table of contents

Section 68 Say of the authorisation of the exoneration

(1) The authorisation to testify as a witness or witness shall only be denied if the statement is detrimental to the benefit of the Federal Government or a German country or seriously endangering or significantly impeding the performance of public tasks. (2) If officials or defendants are in a judicial process or are intended to serve their legitimate interests, authorisation may also be granted where the conditions set out in paragraph 1 are fulfilled. , are not to be denied, unless the official returns are inadvertingly . If the authorisation is denied, the official or the service supervisor shall provide the official with the protection to which the service provisions permit. (3) The supreme service authority shall decide on the approval of the permit. It may delegate this power to other authorities. Unofficial table of contents

Section 69 Reappraisal

The authorisation to report an opinion may be denied if the refund would be detrimental to the interests of the service. Section 68 (3) shall apply accordingly. Unofficial table of contents

Section 70 Information to the media

The management of the authority shall decide who is to supply the media with information. Unofficial table of contents

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

(1) Officials may, even after termination of the civil service relationship, not require any rewards, gifts or other benefits for themselves or a third party in relation to their 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) Anyone who is in breach of the prohibition referred to in paragraph 1 shall, on request, issue the disobedious person on account of the non-compulsory conduct, except in the case of the Criminal proceedings have been ordered or else transferred to the State in other ways. The provisions of the Civil Code shall apply to the extent of the claim for disclosure in accordance with the publication of an unwarranted enrichment. 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 whereabiation of the landlord. Unofficial table of contents

Section 72 Election of the apartment

(1) Officials shall take their place in such a way that the proper performance of their duties is not compromised. (2) The service provider or the service provider may, if the service conditions so require, indicate that the To take an apartment within a certain distance from the office or to obtain a service apartment. Unofficial table of contents

Section 73 Residence incident

If there is an urgent need for special service conditions, the civil servant or the official may be instructed to stay in the vicinity of the duty station during the period of service. Unofficial table of contents

Section 74 Service clothing

The President of the Federal Republic of Germany or the President of the Federal Republic of Germany, or the body designated by her or him, shall lay down the provisions relating to clothing which is customary or necessary in the performance of the Office. Unofficial table of contents

§ 75 obligation to compensation

(1) Officials who have deliberately or grossly negligently infringed the duties which have been assigned to them, have to replace the Dienstherrn, whose duties they have performed, to replace the damage resulting therefrom. 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, it shall be deemed to be the date on which the Dienstherr becomes aware in the sense of the statute of limitations. of the Civil Code, the date on which the replacement claim is recognized by the Dienstherrn vis-à-vis third parties or is found to be legally valid against the Dientherrn. (3) The official or the official shall serve as a substitute for the service. shall have a replacement claim against third parties, the replacement claim shall be based on the or about him. Unofficial table of contents

Section 76 Transition of a claim for damages against third parties

If civil servants, civil servants, persons entitled to care or their relatives are physically injured or killed, a legal claim for damages, which is due to these persons as a result of the personal injury or the killing against third parties, shall be subject to the following conditions: The person who is obliged to do so during a lifting of the service capacity based on the personal injury or as a result of the injury to the body or the killing for the granting of benefits. If a pension fund is obliged to provide 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 surviving. Unofficial table of contents

Section 77 Non-performance of duties

(1) Officials shall pass through a service if they culpably infringe the obligations they have. 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 in the public service. (2) In the case of retired officials and retired civil servants with pensions and former officials with pensions, it shall be deemed to be a duty of service if:

1.

operate against the free democratic basic order within the meaning of the Basic Law,

2.

participate in efforts aimed at adversely affecting the existence or security of the Federal Republic of Germany,

3.

in breach of the obligation of confidentiality, the obligation to notify or the prohibition of any activity after the termination of the civil service or the prohibition on the 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 (1) to (3) also applies to former civil servants who are entitled to old-age money and to former civil servants with entitlement to old-age benefits. (3) The prosecution of official misconduct is governed by the Federal disciplinary law. Unofficial table of contents

§ 78 General care of the Dienstherrn

Within the framework of the service and trust agreement, the Dienstherr has to provide for the well-being of officials and their families, even for the time after the termination of the civil service. It protects the civil servants in their official activities and in their position. Unofficial table of contents

§ 79 maternity leave, parental leave and youth employment protection

(1) The Federal Government regulates the application of the rules in accordance with the specific nature of the public service by means of a legal regulation.

1.

of the Maternity Protection Act to female officials,

2.

of the federal parental allowance and parental leave law on parental leave on civil servants.

In cases referred to in Article 91 (2) and Article 115f (1) (1) of the Basic Law, the Federal Ministry of the Interior may, for compelling reasons, claim the right to parental leave for law enforcement officers and police officers in the Federal Police. (2) The Youth Employment Protection Act shall apply 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, insofar as these are based on the nature of the police officers or for reasons of internal security are required. Unofficial table of contents

Section 80 Aid in cases of sickness, care and birth

(1) Aid received

1.

Officials who are entitled to remuneration or take parental leave,

2.

Beneficiaries and beneficiaries who are entitled to pensions,

3.

Former officials and former officials during the course of the maintenance or transitional allowance under the Staff Regulations Act,

4.

Previous temporary and temporary civil servants during the period of the transfer of transitional allowance under the Staff Regulations.

The first sentence shall also apply where references are not paid for the application of the rules on the application of 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 does not apply to cases of § 23 of the civil service provision law. (2) Eligibility for aid are basically only necessary and economically reasonable expenses

1.

in sickness and care cases,

2.

for the prevention and treatment of diseases or disabilities,

3.

in birth cases, contraception, artificial insemination and, in exceptional cases, sterilisation and abortion, and

4.

for the early detection of diseases and protective vaccinations.

(3) Aid shall be granted as at least 50 per cent of the eligible expenditure. 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. The Federal Ministry of the Interior, in agreement with the Federal Foreign Office, the Federal Ministry of the Interior, is not eligible for aid. (4) The Federal Ministry of the Interior shall Finance, the Federal Ministry of Defence and the Federal Ministry of Health, by means of a regulation, the details of the granting of the aid, in particular the maximum amounts, the total or partial exclusion of medicinal products, salvation and salvation, and Aid in accordance with the Fifth Book of the Social Code and the Consideration of children. Unofficial table of contents

§ 81 Travel costs

(1) Officials shall be paid the necessary costs of an official travel (duty trip). Travel expenses include travel and flight expenses, distance compensation, daily and overnight allowances, travel allowances for family home trips and other expenses incurred by the trip. (2) The details of the travel allowance. The amount of travel expenses compensation as well as the principles of the settlement procedure is regulated by the Federal Government by means of a legal regulation. In the calculation of the travel expenses allowance, maximum limits or flat rates for a refund may be fixed and different arrangements may be made for special cases. (3) For journeys referred to in paragraph 1 in or abroad as well as from abroad in the The Federal Ministry of the Interior, in agreement with the Federal Foreign Office, the Federal Ministry of Defence and the Federal Ministry of Finance, can enact laws that deviate from Germany (foreign missions abroad) by means of a regulation. These include the arrangement and approval of missions and the amount of travel allowance, 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. Unofficial table of contents

Section 82 Recharge costs

(1) Officials and their survivors shall be paid the necessary costs for a move (relocation cost compensation) if the transfer costs have been accepted. The usage of the transfer costs can be given in case of an official move or in special cases. The relocation fee shall include:

1.

transport equipment,

2.

travel expenses,

3.

separation money,

4.

Rental compensation and

5.

other outlays.

(2) The details on the nature and extent of the relocation cost compensation as well as the principles of the settlement procedure shall be governed by the Federal Government by means of a regulation of the law. Maximum limits or flat rates for a refund may be fixed and deviating arrangements for special cases can be set in the calculation of the relocation cost compensation. (3) For moves referred to in paragraph 1 in or abroad as well as from abroad in 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, apply different provisions to the Federal Foreign Office by means of a legal regulation. Compensation for the removal of expenses, in so far as the special needs of the international service and the special conditions abroad require it. Unofficial table of contents

§ 83 Separation allowance

(1) Officials who are seconded, transferred, assigned 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 provided with: reimburse the necessary costs incurred as a result of the domestic separation or in special cases (separation allowance). At the same time, domestic savings must be taken into account. (2) In the preparatory service for the purpose of training a training centre to a place other than the previous service or place of residence, officials for revocation and civil servants on revocation in the preparatory service are to be taken into account. (3) The details on the nature and extent of the separation and the granting of travel allowances for family home trips, as well as the principles of the principles of the The Federal Government regulates the settlement procedure by means of a regulation. For 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 derogations may be made for specific cases. (4) For the measures referred to in paragraph 1, the 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, comply with the provisions of the German Federal Ministry of Finance on separation allowances and travel allowances for family home trips, to the extent that: the special needs of the foreign service and the special circumstances abroad require. Unofficial table of contents

Section 84 Jubilee

Civil servants are granted a grant on service anniversaries. The Federal Government is regulated by a regulation of the Federal Government. Unofficial table of contents

Section 84a Rerecovery of the amount of cash benefits paid

The recovery of much-paid cash benefits provided by the Dienstherr on the basis of civil service legislation is governed by the provisions of the Civil Code on the issuance of 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. Unofficial table of contents

§ 85 Certificate of service

On request, officials shall be issued with a certificate of the type and duration of the offices they are perceived to have, if they have a legitimate interest or the civil service has ended. Upon request, the certificate must also provide information on the activities carried out and on the services provided. Unofficial table of contents

Section 86 Official designations

(1) The Federal President or the President of the Federal Republic of Germany, or a body designated by her or him, shall establish the terms of office, unless otherwise provided by law. (2) Officials shall, in service, carry out the official title of the official transferred from office. They may also lead them outside the service. After switching to another office, they must 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 civil servants and retired civil servants may use the term" other than service "or" a. ", which is entitled to them when they are retired. D. " and the title given in connection with the Office shall continue. If the name of the former office changes, the modified designation of office may be taken.

Subsection 2
Working Time

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§ 87 Working time

(1) Regular working hours may not exceed 44 hours per week on average. (2) Where there is on-call time, hours of work may be extended in accordance with the needs of the service. (3) The Federal Government regulates working time, in particular on the duration, on the possibilities of its flexible design and on the control of its compliance, by means of a regulation on the Control of the observance of 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 respective competent authority. is. The legal regulation provides for the deletion periods for the data collected. Unofficial table of contents

Section 88 Multi-work

Civil servants are required to do so without remuneration beyond the regular weekly working time, 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. Unofficial table of contents

§ 89 Recreation Holidays

Every year, civil servants are granted a holiday in which they are granted a holiday in which they continue to pay for their salaries. 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. Unofficial table of contents

§ 90 Holidays from other events, mandate holders

(1) The Federal Government regulates the granting of leave on other occasions and determines the extent to which the remuneration persists during such leave. (2) Votes of officials of their position as candidates or 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 months before the election day of the candidates for the preparation of their election (3) civil servants who are in charge of the the legislative body of a country has been elected and whose rights and obligations under the civil service relationship are not laid down in accordance with Section 40 (1) of this Regulation, it shall apply to the exercise of the mandate upon request

1.

authorise part-time of at least 30 per cent of the regular working time, or

2.

Leave a holiday with the departure of the salary.

The application is to 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. § 7 (1), (3) and (4) of the Act of Representatives is to be applied accordingly to officials who are granted leave under the first sentence of the first sentence of the first sentence. (4) For the activity as a member of a local representation, one after the Committees formed by local constitutional law or similar institutions in municipal districts are to be granted to officials of the required leave in the form of a payment of the remuneration. 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. Unofficial table of contents

§ 91 Part-time

(1) Officials who are entitled to remuneration may, upon application, be granted part-time employment up to one-half of the regular working time and up to the duration of the requested period, to the extent that the service is not (2) The application referred to in paragraph 1 may only be complied with if the officials undertake to enter into professional obligations only to the extent that they are in accordance with their professional obligations during the period of approval outside the terms of the service. 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 employment or increase the volume of working time to be paid, in so far as compelling service requirements so require. It should allow for a change in the extent of part-time employment 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 against it. Unofficial table of contents

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

(1) Officials who are entitled to remuneration shall, upon request, authorise leave without remuneration or part-time employment;

1.

if it

a)

at least one child under the age of 18 actually care for or care for

b)

according to a medical opinion or by the presentation of a certificate from the health insurance or the medical service of the health insurance or a corresponding certificate from a private nursing care insurance scheme, other dependants need to be treated or care for other dependants who are in need of care, and

2.

if the authorization does not conflict with the official requirements of the authorization.

Part-time employment with less than half of the regular working time and holidays without remuneration may not exceed a duration of 15 years. The first sentence of Article 91 (3) shall apply. (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 such secondary activities may be approved for the purpose of: (4) The competent service may allow a return from the holiday if the continuation of the holiday is not reasonable and if there are no services to the service. 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 (5) During the period of the leave of absence referred to in paragraph 1, there is a right to sickness benefit benefits in the appropriate application of the Aid schemes for female civil servants with a claim to remuneration and civil servants with Claim to pay. 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 in the statutory health insurance in accordance with § 10 para. 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 Law. (6) By means of appropriate measures, the service has to facilitate, for family reasons, the connection to the profession and the professional re-entry. 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. Unofficial table of contents

§ 92a Family care period

(1) Officials who are entitled to remuneration may, upon request for a period of not more than 48 months, be able to work part-time as a family care period for the care of close relatives in need of care within the meaning of Article 7 (3) of the Care-time law is approved in a domestic environment, unless there are urgent service reasons to prevent it. 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 from a private nursing care insurance. (2) The authorization shall be subject to the proviso that:

1.

in a period of care of at least 24 months of service with a regular weekly working time of at least 15 hours, and

2.

in a post-care period, which takes just as long as the care phase, the service is carried out with a working time corresponding to at least the regular weekly working time which has been carried out prior to the care phase.

If the conditions laid down in paragraph 1 are no longer applicable to the authorisation of the family care period, the authorization shall be revoked, at the end of the second month following the removal 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 in the previous extent, the authorization shall be revoked if there is no urgent need for urgent service. (3) If the maintenance phase of the family care period is less than for a period of 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 met. 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, if the conditions set out in paragraph 1 and the measures referred to in paragraph 2 are fulfilled. Unofficial table of contents

Section 93 Part-time

(1) Officials who are entitled to remuneration may, upon request, which must cover the period leading up to the beginning of retirement, be part-time in part-time with half of the previous working time, or at most half of the working time the average working time in the last two years before the beginning of the part-time period, if:

1.

a)

she's the 60. have completed their life year,

b)

the 55. have completed their life year and are severely disabled at the time of application within the meaning of Section 2 (2) of the Ninth Book of the Social Code or

c)

the 55. have been completed and are employed in a particularly defined job breakdown area;

and

2.

they have been at least part-time in the last five years prior to the beginning of the part-time period of three years,

3.

the part-time period begins before 1 January 2010 and

4.

are not in conflict with the urgent needs of the service.

(2) Officials may be granted part-time in the form of block education within the meaning of Section 9 of the Working Time Regulation in accordance with paragraph 1, if they:

1.

the 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 conditions laid down in paragraph 1 (1) (c) are met.

Life-time civil servants and civil servants who have been granted part-time employment in the form of block education within the meaning of § 9 of the Working Time Ordinance before 1 January 2010 reach 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 the version valid until 11 February 2009. (3) Officials who are entitled to remuneration may, on request, Part-time employment as part of a part-time period with half of the previous working time, not more than half of the working time on average over the last two years before the beginning of the part-time part-time period, if:

1.

at the beginning of the part-time period, the 60. have completed their life year,

2.

they have been at least part-time in the last five years prior to the beginning of the part-time period of three years,

3.

the part-time period begins before 1 January 2017,

4.

they are employed in a defined restructuring or job breakdown area, and

5.

do not stand in the way of service.

The application must cover the entire period up to the date of retirement. Part-time after sentence 1 can also be granted in the block model in accordance with § 9 (2) of the Working Time Ordinance. (4) Officials shall be subject to the conditions set out in the first sentence of paragraph 3, except for the first sentence of the first sentence of paragraph 4 and the period of partial retirement in the age of 5. To grant a quota of 2.5 per cent of the officials of the top service authorities, including their business units. The granting of part-time part-time is excluded if this quota is exhausted by the part-time conditions set out in the first sentence and paragraphs 1 to 3, or if the authorization is in accordance with the service requirements. (5) The Federal Ministry of the Within the framework of the agreement with the Federal Ministry of Finance, the Interior shall, by means of a regulation, regulate the details of the period of partial retirement, in particular the definition of the restructuring and establishment areas referred to in the first sentence of paragraph 3, and the Distribution of the quota under paragraph 4. (6) Changes to the regular weekly Working hours according to the working time regulations apply to the working time to be paid accordingly. (7) § 91 (2) applies accordingly. Unofficial table of contents

Section 94

If a reduction in working time or a long-term leave of absence is requested, the officials shall be informed of the consequences of reduced working time or long-term leave of absence, in particular on the consequences for claims arising from: civil servants ' regulations, as well as the possibility of an extension and the consequences thereof. Unofficial table of contents

§ 95 leave of absence without remuneration

(1) Officials who are entitled to remuneration may, in areas where there is an exceptional overhang of applicants because of the labour market situation, and therefore have an urgent public interest in the is to employ more applicants in the public service, on request leave without a remuneration

1.

up to a total of six years, or

2.

for a period of time which must be extended to the beginning of retirement

(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 the applicant is entitled to a vacancy, if the (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 exercise of a permit subject to authorisation shall be required Secondary activities should be waiver and secondary activities not subject to authorisation only in to the extent to which they could be exercised in full-time employment without any 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 leave. It may allow a return from leave if the official or the official cannot be allowed to continue the holiday and is not in the service of the service. (4) Holidays under paragraphs 1 and 2 may, including in connection with Leave or part-time employment with less than half of the regular working time in accordance with § 92 (1), not exceeding the duration of 15 years. 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, in accordance with Section 72e (1) (2) and (4) of the Federal Officials Act in the version valid up to 11 February 2009 has been granted leave without remuneration until the beginning of retirement, the second sentence of section 93 (2) applies accordingly. Unofficial table of contents

§ 96 Distance from service

(1) Officials shall not be allowed to stay away from the service without the authorisation of their service staff. Invalidity due to illness must be proven upon request. (2) The official or the official, on account of the inexcusable distance from the service under the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), dismisses the right to pay, thereby making the execution of a Disciplinary proceedings are not excluded.

Subsection 3
Secondary activity

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Section 97 Definitions

(1) The exercise of a secondary office or the exercise of secondary employment is a secondary activity. (2) A secondary office is a group of tasks not belonging to a main office, which is due to a public service or service relationship. (3) By-employment is any other activity within or outside the public service which is not part of a main office. (4) As a secondary activity, the exercise of public honorary offices and of a public service shall not be considered as a secondary activity. free guardianship, care or parish. Unofficial table of contents

Section 98 Secondary activities in the civil service

Civil servants are obliged, at the request of their service authority, to exercise a secondary activity in the public service, provided that this activity corresponds to their initial education or vocational training and does not take them over a fee. Unofficial table of contents

Section 99 Secondary activities subject to authorisation

(1) Officials shall be subject to prior authorisation for the exercise of any incidency, except as provided for in Section 100 (1), to the extent that they are not obliged to exercise their duties in accordance with Section 98. The same applies to the following free-of-charge secondary activities:

1.

the perception of a side-office,

2.

commercial or professional activities or participation in one of these activities; and

3.

Entry into an institution of a company with the exception of a cooperative.

(2) The authorisation shall be refused if it is to be provided that the secondary activity impairs the interests of service interests. Such a cause of failure shall be in particular where the secondary activity

1.

according to the nature and extent of the worker's capacity to work to such an extent that the proper performance of the service obligations can be impeded,

2.

the civil servant or the official may be brought into a conflict with the duties of the service,

3.

is exercised in a matter where the authority to which the official or official is a member operates or may take action,

4.

influence the impartiality or impartiality of the civil servant or of the official,

5.

may lead to a substantial limitation of the future serviceability of the official or of the official, or

6.

may be detrimental to the public administration's reputation.

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 type, scope, duration or frequency of the exercise of a second profession. (3) The condition of the The second sentence of paragraph 2 (1) shall be deemed to be satisfied 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-of-use 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. In the case of the application of the first to fourth sentences, the co-operations must be taken into account in the form of approved and notifiable secondary activities. (4) The authorisation shall be limited to a maximum of five years. It may be subject to conditions and conditions. If an impairment of the service interests arises after the granting of the authorization, 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 doing so, 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 the charges and the monetary benefits thereof. Any change shall be notified in writing without delay. Unofficial table of contents

Section 100 Secondary activities not subject to authorisation

(1) Not subject to authorisation

1.

the administration's own or the benefits of the assets of the official or of the civil servant;

2.

literary, scientific, artistic or preparatory activities,

3.

independent, self-employed, teaching or research tasks of teachers at public universities and at universities in the German Armed Forces, as well as civil servants at scientific institutes, and Institutions and

4.

Activities to safeguard professional interests in trade unions or professional associations or in self-help institutions of civil servants.

(2) The activities referred to in paragraph 1 (2) and (3) and an activity in self-help institutions 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 modification shall be notified in writing without delay. (3) The service authority may, on a reasonable grounds, require that information be provided in writing, in particular on the nature and nature of the non-authorisation of a service subject to authorisation, and Extent. (4) A secondary activity which is not subject to authorisation shall be subject to a full or partial breach of duties if the civil servant or the official is in breach of the duties of the official. Unofficial table of contents

Section 101 Exercise of secondary activities

(1) Secondary activities may only be exercised outside working time, unless they are exercised at the request of the service or service superiors, or there is a service interest in the exercise of the ancillary activities. The service interest is to be informed. Exceptions may be accepted on written request only in cases of particular justification, in particular in the public interest, if there are no official reasons for doing so and the missed working time is being repaid. (2) Exercise of ancillary activities shall be subject to the authorisation and payment of a reasonable charge only if there is a public or scientific interest, any institution, personnel or material of the Dientherrn. shall be 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. Unofficial table of contents

Section 102 Right of recourse for liability arising from secondary activity

Civil servants who work on the Board of Management, the Supervisory Board, the Administrative Board or any other institution of a company, a cooperative or a member of the Board of Directors, acting on the request, proposal or initiative of the service supervisors. the liability of any other legal entity shall be held liable in the case of any other legal entity, and shall be entitled to compensation for the damage suffered by the company. If the damage is caused intentionally or with gross negligence, the dienstherr is liable only if the official or the official has acted at the request of the superiors or the supervisor. Unofficial table of contents

Section 103 Erdeleting of the secondary activity connected with the main office

If the civil servant's relationship ends, if nothing else is determined in the individual case, the secondary offices and other activities carried over in connection with the main office shall also end, or which shall be subject to the request, proposal or initiative of the person or They have been carried out by the service. Unofficial table of contents

Section 104 Decree of implementing legal regulations

The Federal Government is responsible for the further provisions necessary for the execution of § § 97 to 103 concerning secondary activities of civil servants by means of a decree law. In it, it can be determined

1.

which activities are to be regarded as a public service within the meaning of those provisions or which are equivalent to them,

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 remuneration is to be deducted,

3.

the conditions under which the civil servant or the civil servant may take advantage of facilities, personnel or material of the disobedience, and the amount to be paid to the person concerned for this purpose; the Remuneration may be fixed at a flat rate in a percentage of the gross income obtained from secondary activity and shall be accounted for free of charge by secondary activity,

4.

the civil servant or the official may be required, after the end of each calendar year, to give the service superiors the benefits and benefits of secondary activities which have been assigned to him or her to him or her.

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Section 105 Display obligation after termination of the civil service

(1) retired officials, retired officials, former female civil servants with pensions, and former civil servants with pensions have an activity or other employment outside the public service, with their official service. In the past five years prior to the termination of the civil service relationship and which may be adversely affected by the interests of the service, they shall be able to indicate in writing prior to the date of their inclusion. The obligation to notify ends when the officials retire when the rule age limit is reached, three years, incidentally, five years after the end of the civil service relationship. The first and second sentences also apply to former civil servants who are entitled to old-age pensions and to former civil servants who are entitled to an old-age pension. (2) Employment or other employment is to be prevented, to the extent to which it is to be provided that they are employed in the service sector. Interests are affected. The submission shall be made for the period up to the end of the obligation to notify, unless the conditions for a subsac are only available for a shorter period of time. (3) The last highest service authority shall be responsible. It may delegate its responsibility to subordinate authorities.

Subsection 4
Human resources law

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Section 106 Staff Act

(1) A personnel file shall be provided for each official and each official. 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 rest of the personnel file and are processed by an organizational unit separated by the personnel administration. (2) The personnel file can be broken down according to factual points of view in basic markets and sub-markets. 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 staff managing authorities are responsible for the civil service 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 in accordance with sentence 4. (3) Personnel data may only be used for the purposes of personnel administration or personnel management, unless the official or the official agrees to be used in other cases. 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 to be avoided or is to be avoided only with a disproportionate effort, of (4) The Dienstherr may only collect personal data concerning applicants, applicants, officials and former civil servants as far as this is concerned with the justification, implementation, termination, or termination of a personal data. the execution of the service relationship or the implementation of the organisational, personal or social measures, in particular for the purposes of human resource planning or personnel deployment, or to allow legislation to be adopted. Unofficial table of contents

Section 107 Access to the Staff Act

(1) Access to the personnel file may only be provided by employees who are responsible for the processing of personnel matters within the framework of the personnel administration, and only to the extent that this is done for the purposes of personnel administration or the personnel management system. is required. Access to staff data may also be granted to employees performing the tasks of the medical service, in so far as knowledge of the data is necessary for the performance of their duties. Access to decision-relevant parts of the personnel file also have equal opportunity officers, as far as this is necessary for the performance of their tasks. (2) On request, commissioners for data protection according to § 4f of the German Federal Data Protection Act To grant access to the Staff 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. Unofficial table of contents

Section 108 Aid Act

(1) Documents on aid are to be considered as sub-sheets. 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. (2) Personal data may be collected and used for state aid purposes, to the extent that the data are required for such purposes; for more details, the legal regulation according to § 80 (§ 80) (German) 4. For other purposes, personal data from the aid file may only be used if:

1.

they are required

a)

for the initiation or implementation of an administrative or judicial procedure in connection with an application for aid,

b)

to prevent serious damage to the common good, to an otherwise imminent threat of public security or a serious impairment of the rights of another person, or

2.

the person concerned has consented in the individual case.

(3) Paragraphs 1 and 2 shall apply mutatily to 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, to the extent that: they are necessary for the determination and calculation of the remuneration or supply or for the examination of the entitlement to children's money. This also applies to data from the Act of Remuneration and the Act of Supply as far as they are necessary for the determination and calculation of the aid. (5) The aid processing and the management of the aid file can be obtained with the consent of the top authority is transferred to a different body of the federal government. 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

Section 109 Hearing obligation

Officials shall be heard on complaints, claims and assessments which are unfavourable to them or which may be detrimental to them, prior to their inclusion in the Staff Act, provided that the hearing is not carried out under other legislation. Their statements are to be taken on the personnel file. Unofficial table of contents

§ 110 Right of view

(1) Officials shall have a right of access to their full personal file even after the termination of the civil service relationship. (2) The official shall be entitled to inspect, in so far as there are grounds for service, to the official or to the official. conflict. The same shall apply to survivors and their agents, if a legitimate interest is credibly made. In the case of information from the Staff Act, the first and second sentences shall apply. (3) The personalact-leading authority shall determine where the inspection is to be 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 information data stored automatically to their person or person. (4) Officials shall also have a right of access to other files, including personal data. Data on them shall be included and 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 data subject is linked to data of third parties or non-personal data in need of confidentiality 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. Unofficial table of contents

Section 111 Presentation of personnel files and information to third parties

(1) Without the consent of the official or the official, it is permissible to present the personnel file of the supreme service authority or of an authority authorising authority under the supervision of the service supervisor, insofar as this is for the purposes of personnel administration or Personnel management is required. 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 an information is sufficient, it must be seen from a template. (2) Insofar as the staff managing authority has delegated tasks to its employees to a different public authority for independent processing, it may: (3) Information to third parties may only be provided with the consent of the official or the official, unless the defenses of a significant impairment of the public interest or the protection of legitimate, higher-ranking interests of the the third party must make the exchange of information mandatory. 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. Unofficial table of contents

§ 111a Collection and use of personnel data on behalf of the

(1) The collection and use of human resources data on behalf of the personnel managing authority shall be admissible only;

1.

as far as it is necessary

a)

for the granting, fixing or payment of cash benefits,

b)

for the automated execution of tasks or

c)

in order to carry out certain medical examinations necessary for the performance of the tasks of the medical service; and

2.

if the adjudicating entity regularly checks compliance with the official and data protection regulations by the contractor.

(2) The order shall be subject to the prior consent of the supreme service authority. To this end, the contracting authority shall inform the supreme service authority in writing in good time before the order has been issued:

1.

the contractor, the technical and organisational measures taken by the contractor and the supplementary provisions referred to in paragraph 3;

2.

the task of which the contractor is to collect or use the data,

3.

the nature of the data to be collected or used for the contracting entity and the circle of the employees to which this data relates; and

4.

the intended grant of subcontracting by the contractor.

If the contractor is a public body, the first and second sentences apply to him, with the proviso that the communication must be addressed to the competent top federal authority responsible for this body. (3) In the order pursuant to Article 11 (2) sentence 2 of the The Federal Data Protection Act must stipulate that the control rights of the Data Protection Officer of the Authority shall also exist vis-à-vis 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 (4) A non-public body may only be entrusted with the task of:

1.

in the case of the contracting authority, disturbances in the course of the business can otherwise occur or the contractor can carry out the delegated tasks considerably more cost-effectively and

2.

the employees responsible for the data processing are particularly committed to the protection of human resources data.

(5) The Contractor may only collect or use the data within the framework of the instructions of the Client. 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 only use the data 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 under the Federal Data Protection Act are to be invoked against the client. (7) Submissions may only be issued with the prior consent of the contracting authority. Unofficial table of contents

Section 112 Removal of documents

(1) documents relating to complaints, claims and assessments, to which § 16 (3) and (4) sentence 1 of the Federal disciplinary law are not to be applied, are:

1.

if they have proven to be unfounded or false, with the consent of the official or the official, to remove and destroy immediately from the personnel file, or

2.

if they are unfavourable to the official or the official, or may be adversely affected, to be removed and destroyed on request after two years; this shall not apply to service assessments.

The period referred to in the first sentence of paragraph 1 shall be interrupted by new facts within the meaning of this provision or by the initiation of a criminal or disciplinary procedure. 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, insofar as they are not part of a disciplinary file, and information from the Federal Central Register shall be communicated with To remove and destroy the consent of the official or of the official after two years. The second and third sentences of paragraph 1 shall apply mutatily. Unofficial table of contents

Section 113 Retention

(1) Personnel records shall be kept for five years after their completion by the personnel-office-leading authority. Personnel records have been completed,

1.

if the civil servant or the civil servant is excreted from the public service without pension rights, with the end of the year of reaching the rule age limit, but in the cases of § 41 or § 10 of the Federal disciplinary law only if possible suppliers and recipients no longer present,

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 civil servant, survivors or survivors of an age-eligible survivor are present, at the end of the year in which the last obligation to supply is not available.

If the relevant date cannot be determined in accordance with the second sentence of 2 and 3, the second sentence of Section 5 (2) of the Federal Archives Act must be applied accordingly. (2) Documents on aid, health care, medical procedures, support, illness, retreat-and Travel expenses shall be five years, documents relating to holiday holidays shall be kept three years after the end of the year in which the processing of the individual case has been 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 apply to proceedings for rebates or refunds. (3) Supply and age-related documents shall be kept ten years after the end of the year in which the last In the case of an old-age pension or an old-age pension or a survivor's pension, payment has been made. If there is the possibility of a resurrection of the claim, the files must be kept for 30 years. (4) The personnel files must be destroyed after the retention period has expired, unless they are to be found in accordance with § 2 of the Federal Archives Act of the Federal Archives or a Country archive is taken over. Unofficial table of contents

Section 114 Automated processing of personnel data

(1) Personal information data may only be processed automatically for the purposes of personnel administration or the personnel management. Your transmission shall be permitted only in accordance with § 111. An automated data retrieval by other authorities is inadmissible, unless otherwise specified by special legislation. (2) Personal data in the sense of § 108 may only be used within the scope of its purpose and only by the other authorities. Personnel files are processed in a technically and organizationally automated way. (3) Only the results can be automated from the documentation on medical or psychological examinations and tests within the framework of the personnel administration. shall be processed in so far as they relate to suitability and their use for the protection of the (4) Decisions of civil servants may not be based solely on the automated processing of personal data intended for the evaluation of individual personality traits. (5) In the case of first-time employees, the Storage shall be notified to the official or to the official of the nature of the data stored in respect of the person or person referred to in paragraph 1, and shall be notified of any substantial changes to the data. 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. Unofficial table of contents

Section 115 Transfers in criminal proceedings

(1) The court, the law enforcement authority or the law enforcement authority shall have criminal proceedings against civil servants in order to ensure the necessary appropriate measures in the case of the collection of the public action

1.

the indictup or an application to be sent to its place;

2.

the request for the adoption of a criminal order; and

3.

the decision giving a final decision on the grounds

shall be transmitted. 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.

these are serious infringements, including offences of drunkenness in road transport or negligent killing; or

2.

in other cases, the knowledge of the data is necessary in the light of the circumstances of the case, in order to verify whether the 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 where the conditions set out in paragraph 2 (2) are met. It must be borne in mind that the evidence underlying the decision to be surpassed is ensured. (4) Other facts known in criminal proceedings may be communicated if their knowledge is due to special circumstances, and the information provided by the Commission is not limited to the The circumstances of the case may be necessary for the measures to be taken against an official or an official, and unless it is apparent to the agency that is to be notified that the interests of the official or of the official in question shall be protected against the exclusion of the Transmission predominate. Knowledge of the data is also required if this is an opportunity to examine whether there is a need for action to be taken. (5) Data transmitted in accordance with paragraphs 1 to 4 may also be used for the performance of the tasks in accordance with the Security Review Act or a corresponding law. (6) Submissions in accordance with the Paragraphs 1 to 3 shall also be admissible in so far as they relate to data subject to tax secrecy (§ 30 of the Tax Code). Transfers pursuant to paragraph 4 shall be permitted under the conditions of Section 30 (4) (5) of the Tax Code. (7) Communications shall be addressed to the competent service supervisors or their representatives in the Office and shall be referred to as "confidential personnel matters". flag.

Section 7
Officials ' Representation

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Section 116 Membership in trade unions and professional associations

(1) Officials shall have the right to join 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 required to work for a trade union or professional association. be moderately moderated or disadvantaged. Unofficial table of contents

Section 117 Staff Committee

The staff representation of the civil servants is to be guaranteed. The further details are regulated by law. Unofficial table of contents

Section 118 Participation of the leading organisations

The leading organisations of the relevant trade unions are to be involved in the preparation of general rules of civil service law.

Section 8
Federal Personality Committee

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Section 119 Tasks

(1) The Federal Personality Committee is responsible for the uniform handling of emergency rules of civil service law. The Federal Human Rights Committee shall exercise its duties independently and on its own responsibility. Unofficial table of contents

§ 120 Members

(1) The Federal Personality Committee shall consist of eight ordinary and eight alternates. (2) Permanent ordinary members shall be the President of the Federal Court of Auditors or the President of the Federal Court of Auditors 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 federal authorities. Civil servants of the Federal Republic of Germany. (3) The non-permanent ordinary 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 by the Federal Minister of the Interior or the Federal Minister of the Federal Republic of Germany. Internally for four years, of which four are ordinary and four (4) The Federal Personality Committee will be appointed by a branch office in the Federal Ministry of the Interior to carry out its tasks. support. Unofficial table of contents

Section 121 Legal status of Members

On behalf of the Federal Government, the Federal Minister of the Interior or the Federal Minister of the Interior is responsible for the supervision of the members of the Federal Personality Committee, with the following measures:

1.

The members of the Federal Personality Committee are independent and subject only to the law. They may not be subject to scale or disadvantage because of their activities.

2.

She divorced from her office as a member of the Federal Personality Committee

a)

through time-lapse,

b)

by leaving the main office or the authority responsible for their membership;

c)

by termination of the civil service or

d)

under the same conditions under which members of a board or of a Senate for disciplinary matters lose their office on the grounds of a final decision in criminal or disciplinary proceedings; § 66 shall not apply.

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§ 122 Rules of Procedure

The Federal Personality Committee shall adopt its rules of procedure. Unofficial table of contents

Section 123 Meetings and Decisions

(1) The meetings of the Federal Personality Committee shall not be public. The Federal Personnel Committee may allow the administration to be present at the hearing by the administrations and third parties. (2) The Chairman of the Federal Personality Committee or the Vice-Chairperson of the Federal Personality Committee Federal Personality Committee chairs the meetings. If both are prevented, the oldest member of the service shall be replaced. (3) The persons appointed 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) The decisions of the Federal Personalized Committee shall be made known to the extent that they are of general importance. The type and scope of the Rules of Procedure shall be governed by the Rules of Procedure. (6) As far as a decision-making authority is granted to the Federal Personality Committee, its decisions shall bind the administrations concerned Unofficial table of contents

Section 124 Evidence of evidence, information and assistance

(1) The Federal Personality Committee may provide evidence in order to carry out its tasks in the appropriate application of the provisions of the Administrative Court Rules. (2) The administrations involved shall provide the Federal Human Rights Committee with information upon request. , where necessary to carry out its tasks. All services shall be provided free of charge to the Federal Personal Committee.

Section 9
Appeal and legal protection

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Section 125 Service for applications and complaints

(1) Officials and civil servants may submit applications and complaints. In this case, the service path must be maintained. The Board of Appeal is open to the supreme service authority. (2) The appeal against the immediate superiors or the immediate superiors can be filed directly with the superiors or superiors of the next higher education. Unofficial table of contents

Section 126 Administrative law

(1) For all proceedings of the officials, retired officials, retired officials, former officials, former officials and the survivors of the civil service relationship, as well as for the claims of the Dienstherrn, the administrative right of administration is given. (2) all proceedings are a preliminary procedure under the provisions of the 8th Section of the administrative court order. This shall also apply if the measure has been taken by the top service authority. (3) The notice of 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) objection and counterclaim against the secondhand or the translation shall have no suspensive effect. Unofficial table of contents

Section 127 Representation of the Dienstherrn

(1) In the case of claims arising from the civil service relationship, the Dienstherr shall be represented by the supreme service authority, which is subject to the official or the official, or 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 top service authority no longer exists and is a The Federal Ministry of the Interior does not determine another service authority. (3) The supreme service authority may delegate the representation by means of a general order to other authorities. The order is to be published in the Bundesgesetzblatt. Unofficial table of contents

Section 128 Delivery of orders and decisions

Orders and decisions to be notified to officials or persons entitled to care under the provisions of this Act shall be notified if a period of time is set by them or if the rights of the official or of the official are respected. or the person entitled to a pension shall be affected by it. Unless otherwise provided for by law, the service shall be governed by the provisions of the Administrative Delivery Act.

Section 10
Special legal relationships

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Section 129 Officials and officials of the supreme federal bodies

(1) The civil servants of the Bundestag, the Federal Council and the Federal Constitutional Court 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 can be transferred at any time to the subordinated retirement, insofar as she or he is a civil servant for life or a civil servant at life. Unofficial table of contents

§ 130 Scientific and senior staff of the Federal Universities

(1) The officers officers officers, 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 national law have the property of (2) The academic staff of these universities, in particular, are made up of the university teachers. (2) The academic staff of these universities are in particular the University teachers (professors, junior professors, and Junior professors), the academic staff and the teaching staff for special tasks. (3) The university teachers take up the tasks assigned to their university in each case in the Science, research, teaching and further education in their subjects on the basis of a further development of their service. (4) Professorships and junior professorships are to be written out in public. An invitation to tender may be waited if:

1.

an already existing civil service ratio on the same professorship to be converted into a life-time civil servant; or

2.

A junior professor of your own university appointed

(5) Scientific staff members are the civil servants to whom scientific services are to be provided. In justified cases, the self-employed perception of tasks in research and teaching can also be entrusted to them. (6) Teachers for special tasks are, insofar as they are not in a private-law service relationship, civil servants and Officials who can also be employed without fulfilling the recruitment requirements for university teachers, provided that the teaching of practical skills and knowledge is predominantly required. Unofficial table of contents

§ 131 Conditions of recruitment for university teachers and academic staff

(1) Conditions of recruitment for professors are in addition to the general conditions of service.

1.

a completed university degree,

2.

pedagogical suitability,

3.

A special qualification for scientific work, which is usually demonstrated by the quality of a doctorate, and

4.

Depending on the requirements of the site

a)

additional scientific services or

b)

special services in the application or development of scientific findings and methods in a multi-annual professional practice.

(2) Conditions of recruitment for junior professors are in addition to the general conditions of service.

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 an employment relationship existed before or after the doctorate, the doctoral and employment phases 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 the corresponding (3) Conditions of recruitment for scientific staff members are not only subject to the general conditions of employment, but also to the general conditions of employment. completed university studies. Unofficial table of contents

Section 132 The position of the main professional scientific and management staff of the universities

(1) In the absence of a private-law service, professors are appointed for a period of six years for the first time in the appointment of a professor at the time and at the time of temporary civil servants. By way of derogation, the immediate justification of a life-time civil service is possible if:

1.

Applicants for a professorship can not be obtained otherwise or

2.

A junior professor of your own university will be appointed.

After three years at the earliest, the civil service relationship can be converted into a life-time period if the university has previously carried out an evaluation procedure 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-off revocation to a civil servant's term on the same professorship is permissible. (2) Junior professors are admitted to civil servants for three years, unless a private-law service is justified. Time or official appointed for a period of time. 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, will, in so far as no private law is required, be The term of service is based on the appointment of officials for a period of three years on time and on temporary civil servants. A one-off extension of the civil service relationship by a further three years is permissible. (4) The § § 42 and 48d for civil servants and officers of the university staff are considered to be subject to § § 42 and 48d, for officers of the general government, officers of the upper secondary school, Senior civil engineers and civil servants (§ § 42 and 48b) and civil servants (scientific and artistic assistants) § § 42 and 48 of the Higher Education Framework Act (Hochschulframework Act) in the version valid up to 30 December 2004 (5) As far as university lecturers or teachers are scientific staff members are temporary and temporary civil servants, the duty of service, provided that there are no official reasons for doing so, is at the request of the official or of the official at the time of an official Prohibition of employment and the use of parental leave as well as, up to three years, in order to extend periods of family-related part-time or leave of absence according to § 92 and at the time of a family-care period according to § 92a. (6) The admission of a professor to retirement due to Reaching 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 can be deferred until the end of the semester or trimester if the service needs so require. (7) At the request of the professor, the entry into retirement can be in total by 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 the individual case. § 53 (1) sentence 2 applies accordingly. (8) Senior officers and civil servants of the governing 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 limit of the age of rule, if they:

1.

have completed a period of service of at least ten years in civil service contracts or in a service as a professional soldier or professional soldier with a claim to remuneration, or

2.

from a civil servant's relationship to life, or from a service as a professional soldier or a professional soldier, had been appointed to a civil servant relationship on time.

If, in the cases of sentence 3 (2), the civil service is a civil servant relationship to the Federal Government, this legal relationship rests with all the rights and obligations for the duration of the civil service period, with the exception of the obligation of secrecy. and the prohibition of acceptance of rewards, gifts and other benefits. (9) The rules on career paths and temporary retirement, as well as § § 87 and 88, shall not apply to university teachers. 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) University lecturers 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. Unofficial table of contents

§ 133 honorary officers and honorary officers

(1) The provisions of this Act shall apply to honorary officers and honorary officers in accordance with § 6 (5) 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.

§ § 28, 53 (2), § § 72, 76, 87, 88, 97 to 101 and 104, to honorary consular officers and honorary consular officers, as well as § 7 para. 1 no. 1.

(2) The accident care for honorary officers and their survivors is governed by Section 68 of the Staff Regulations Act. (3) In addition, the legal relationships are governed by the special rules for the individual groups of honorary civil servants. and honorary officials.

Section 11
Reformation of bodies

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Section 134 Reformation of a body

(1) Officials of a legal person of the public law with a capacity to serve (body), which is fully incorporated into another body, enter into the service of the receiving entity with the formation of law. Body over. (2) Officials of a body, which is fully incorporated into several other bodies, are to be taken on a pro rata basis in 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, which is partially incorporated into one or more other entities, shall be responsible for the to a proportionate part, in the case of several entities, to take on the service of the receiving bodies. The second sentence of paragraph 2 shall apply. (4) Paragraphs 1 to 3 shall apply mutaly if a body is to be merged with one or more other entities to form a new body, if from a body or parts of a body. Physical body one or more new entities are formed or if tasks of a body are completely or partially transferred to one or more other entities. Unofficial table of contents

Section 135 Legal consequences of the transformation

(1) If, pursuant to Section 134 (1) of the Act, an official or a civil servant enters the service of another body, or if he or she is taken over by another body on the basis of Section 134 (2) or (3), the civil servant's relationship shall be with the new Dienstherrn. (2) In the case of § 134 (1), the official or the official shall be confirmed in writing by the receiving or new body in writing. (3) In the cases of § 134 (2) and (3) the transfer shall be provided by the body in whose service the official or the official shall be responsible. 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 shall be dismissed. (4) The provisions of paragraphs 1 to 3 shall apply in the cases of Section 134 (4). Unofficial table of contents

Section 136 Legal status of civil servants

(1) In accordance with Section 134 of the Staff Regulations of Officials of the European Communities, which have been transferred to the service of another entity or acquired by it, the Office shall be entrusted with an office which is to be evaluated in accordance with the meaning and content of the former Office. 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, within a period of six months, if the number of officials present in the course of the training exceeds the actual requirements, the female civil servants In the case of a lifetime, or at the time of life, or at a time when the area of responsibility has been affected by the reformation process, the temporary retirement age shall be taken. 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. Unofficial table of contents

Section 137 Legal status of the recipients of the supply

(1) The provisions of § 134 (1) and (2) and (§ 135) shall apply mutatily to the beneficiaries of the care provided at the time of retraining to the losing body. (2) In the cases of § 134 (3) remain (3) The provisions of paragraphs 1 and 2 shall apply in the cases of Section 134 (4) of the German Law on the Donor's Obligations.

Section 12
Voltage and defence case, uses abroad

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Section 138 Scope

Restrictions, orders and obligations pursuant to § § 139 to 142 are permissible only in accordance with Article 80a of the Basic Law. They shall not apply to persons within the meaning of Section 5 (1) of the Employment Protection Act. Unofficial table of contents

Section 139 Service in the case of defence

(1) Officials may, for the purpose of defence, be secondhand to a different dienthery without their consent or be obliged to provide services in the case of civil services or civil services in the public sector. (2) Officials and officials may also, for defence purposes, be entrusted with tasks which do not correspond to their duties or to their qualifications, provided that they are reasonably expected to be taken over after they have been pre-trained and trained and in view of the exceptional situation. The tasks of a career with lower access conditions may only be entrusted to them if this is unavoidable for service reasons. (3) Officials have been transferred for the purpose of defence in the course of their performance. (4) In the event of a transfer of their authority or office, they are also abroad. (4) Officials and officials are also responsible for the transfer of their duties and their personal circumstances. (4) to the service at the new service location. Unofficial table of contents

Section 140 Postponing of dismissal and retirement

The dismissal of officials on their request may be deferred for the purposes of defence, if this is necessary in the public interest and if the staff requirements of the public administration in the area of their tenderers are to be voluntary basis cannot be covered. 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 application 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. Unofficial table of contents

Section 141 Revocation of retired civil servants and retired officials

Retired officials who have not yet reached the rule age limit may be reappointed to a civil servant relationship for the purpose of defence, if this is necessary in the public interest and the need for staff the public administration cannot be covered on a voluntary basis in the area of its previous diendivn. The civil servant relationship shall end if it is not completed before, with the end of the month in which the rule age limit is reached. Unofficial table of contents

Section 142 Obligon to the Community accommodation and additional work

(1) Where there are grounds for service, civil servants may be required, for defence purposes, to reside temporarily in a Community accommodation and to participate in a Community catering. (2) Officials and 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. Unofficial table of contents

§ 143 Use abroad

(1) Officials who are used for the purpose of carrying out the office transferred to them abroad or outside the territory of the German territory on ships or in aircraft, and in so doing, because of the substantially different conditions imposed by the national territory. may be subject to increased risks, may be required for service reasons,

1.

temporarily reside in a community accommodation and participate in a communal catering,

2.

to wear protective clothing,

3.

to wear service clothes and

4.

in addition to regular working hours, without paying special remuneration.

In the cases referred to in the first sentence of sentence 1, point 4 of the Regulation shall be granted for the purposes of multiple use only in so far as it allows the service requirements. (2) Officials used in accordance with paragraph 1 shall be included in the Retirement in accordance with § § 44, 51 and 53 or of the intended expiry of her term of office for the purpose of disappearance, imprisonment or any other reasons related to the service which they do not have to represent, the sphere of influence of the Dienstherrn. , the contract of civil servants shall be extended until the end of the State of the following month.

Section 13
Transitional and final provisions

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Section 144 Decision-making law of the supreme federal authorities

(1) If a federal body, institution or foundation under public law is the service of a civil servant or an official, the supreme federal authority responsible for supervision may, in cases where under this law or in accordance with the provisions of the Civil servants ' supply law the supreme service authority has the decision to reserve this decision or to make the decision dependent on its prior consent. It may also establish binding principles for the decision. (2) For federal bodies, institutions and foundations of public law that do not possess the authorities, they shall replace them for the purpose of the law or the law of the law. Powers delegated or to be transferred to an authority shall be the competent administrative body. Unofficial table of contents

Section 145 Legal Regulations, Implementing Regulations

(1) Legal orders under this Act do not require the consent 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. the Federal Ministry of the Interior, insofar as this law does not determine anything else. Unofficial table of contents

§ 146 Public Religious Societies

This law does not apply to the public-law 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. Unofficial table of contents

Section 147 Transitional arrangements

(1) Until a changeover to the budget, but not later than 31 December 2010, the first alternative can be deviated from § 10 para. 3. The trial period is part of the career and § 6 (1) No. 3 of the Federal Civil Service Act as amended by the March 31, 1999 Notice (BGBl. 675) is to be applied in the version valid until 11 February 2009. (2) For civil servants who have been appointed to a trial in an official relationship prior to the entry into force of this Act, they shall be replaced by Section 10 (1) and (3) and § 11 of the § § § 11 of the German Act. 6 (1) and § 9 of the Federal Civil Service Act, as amended by the Notice of 31 March 1999 (BGBl. 675), in the version valid up to 11 February 2009. By way of derogation from the first sentence, officials who have been appointed to a sample of civil servants before 12 February 2009 shall, upon request, be appointed to a life-time civil servant relationship if:

1.

they have proven themselves in full during the trial period, and

2.

At least three years have passed since the appointment to the civil servant's relationship with the sample.

(3) The Federal Government shall review 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.