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Regulation on transitional civil service legislation after the establishment of the unity of Germany

Original Language Title: Verordnung über beamtenversorgungsrechtliche Übergangsregelungen nach Herstellung der Einheit Deutschlands

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Regulation on transitional civil service regulations after the establishment of the unity of Germany (Officials of the Transitional Federal Officials of the Staff Regulations-BeamtVÜV)

Unofficial table of contents

BeamtVÜV

Date of completion: 11.03.1991

Full quote:

" Transitional civil service transitional regulation in the version of the notice of 19 March 1993 (BGBl. 369), as last amended by Article 15a (1) of the Law of 5 February 2009 (BGBl I). 160) has been amended "

Status: New by Bek. v. 19.3.1993 I 369;
Last amended by Art. 15a N ° 1 G v. 5.2.2009 I 160
Indirect change by Art. 5 G v. 20.12.2011 I 2842 considered

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 15.6.1991 + + +) 

Unofficial table of contents

§ 1 Scope

(1) This Regulation regulates the supply within the meaning of the civil service law and the laws, regulations and administrative provisions adopted for this purpose, which are listed in the annex to this Regulation. It shall apply to officials and judges who, after the entry into force of the agreement, shall be appointed or re-appointed in the territory (accession area) referred to in Article 3 of the Agreement of Accession or transferred to the accession area after the entry into force of the agreement. . It shall also apply to civil servants and judges from the former Federal Republic of Germany, as well as to retired civil servants and judges who are active in the accession territory. (2) The Annex I, Chapter XIX, Sachgebiet A, Section III, No. 9, of the The unification treaty of 31 August 1990 (BGBl. 885, 1142) and the measures referred to in § 2 (3) to (7) do not apply to civil servants and judges, their translation or re-appointment in a direct temporal connection (Article 85 (9) of the Civil Service Act of the German Civil Service Act (civil service law) in the period from 1 January 1992 ) to a public service contract in the former Federal Republic of Germany. Unofficial table of contents

§ 2 measures

The Civil Servant Supply Act applies without prejudice to the provisions of Annex I, Chapter XIX, Sachgebiet A, Section III, Section III, point 9, of the Agreement of 31 August 1990 (BGBl. (1990 II p. 885, 1142) with the following additional measures:
1.
Municipal election officials in the accession area who have completed at least one two-year term of office in the first local election period shall receive a maintenance contribution up to the amount of the pension under consideration of pensions within the meaning of Section 55 of the Civil servants ' supply law as well as the acquisition and employment income within the meaning of § 53 (7) of the Civil Service Act, if they are not re-elected or cannot be re-elected in spite of a willingness to continue the office and if they are not re-elected. The end of their term of office shall be completed by the fiftieth year of life. In addition, § § 15 and 26 of the Staff Pension Act are applicable in accordance with the measures that 40 of the hundred of the earned income remain free of charge and, after taking into account a pension within the meaning of Section 55 of the Staff Pension Act, at least an amount equal to the amount of the percentage of the fixed remuneration, referred to in Article 14 (1), first sentence, half sentence 1 of the Civil Service Act, in the version valid until 31 December 2002, multiplied by the relevant provisions of section 69e (3) and 4 of the Staff Regulations, for each year of the non-life insurance-free civil service, for survivors with the relevant part of the service. To the extent that these officials have not yet completed the fiftieth year of their life, they shall receive a transitional allowance of six times the remuneration of the last month of their term of office, by way of derogation from Section 47 of the Staff Regulations.
2.
The service remuneration, which can be maintained, shall be calculated in the light of the transitional provisions of the Besolding Regulations. The same applies in so far as the civil service law refers to the remuneration (§ 1 para. 2, 3 of the Bundesbesoldungsgesetz) or, in general, to the provisions of the law on remuneration. The same applies in so far as the civil service law refers to the remuneration (§ 1 para. 2, 3 of the Bundesbesoldungsgesetz) or, in general, to the provisions of the law on remuneration. Sentences 1 and 2 shall not apply in cases where an increased accident rate is granted within the meaning of Article 37 of the Staff Regulations or the survivor ' s pension is calculated from it if the harmful event is carried out during a special use abroad within the meaning of Section 31a of the Staff Regulations Act. If in the cases of sentence 3 there is an accident compensation in accordance with Article 35 of the Staff Regulations of the Civil Service, the Section III, Section III, Section III, Section III, point (a) of the agreement of 31 August 1990 (BGBl) is found in Annex 1, Chapter VIII, Section III, Section III, point (a). II p. 885, 1067) under Section 31 (1) of the Federal Law of Supply Act, no measures are applied.
3.
Military service periods according to § § 8 and 9 of the Civil Service Act, which an official has completed after the completion of the seventeenth year of life before the appointment to the civil servant's relationship in the service of the National People's Army, are considered to be holding-up The maximum period of service shall not exceed five years, unless point 6 or 7 applies. The first sentence shall apply to comparable periods in accordance with § § 8 and 9 of the Staff Regulations of Officials, which an official has completed in the accession area by 2 October 1990.
4.
Periods completed by the official in the field of public service until 2 October 1990 in the accession area may, in accordance with Article 10 of the Staff Regulations, be taken into account for a maximum period of up to five years, provided that the He has been active without any interruption to which he has been responsible and has led to his appointment. This shall not apply to the extent to which point 6 or 7 applies. The Federal Minister of the Interior may, with the consent of the Bundesrat, regulate more closely by administrative provisions.
5.
Other periods and periods of training in accordance with § § 11 and 12 of the Staff Services Act, which the official has completed in the accession area by 2 October 1990, may be recognised as a period of service for a period of up to five years, insofar as not point 6 or 7 is used.
6.
Military service times and comparable times (§ § 8, 9 of the Civil Service Act), periods of employment (§ 10 of the Civil Service Act) and other periods (§ § 11, 66 (9), § 67 (2) of the Civil Service Act), which the official is up to 2. It is not considered as a period of service which is stable in respect of pensions, as long as the general waiting period for statutory pension insurance is fulfilled and these periods are regarded as periods of pension rights in respect of the period of validity of the pension scheme. the calculation of the pension from the statutory pension insurance is used; Training periods (§ 12 of the Civil Service Act) are not subject to rest, provided that the general waiting period for statutory pension insurance is fulfilled. Periods of pension rights are also those within the meaning of Article 2 of the Pensions Directive.
7.
Periods in accordance with § 30 of the German Federal Law on Wages are not stable.
8.
The meeting of pensions with pensions, also from overrun charges, is governed by Section 55 of the Staff Pension Act (civil service law). The period of service within the meaning of Section 55 (2) (1) (b) of the Staff Services Act is to be reduced in order to reduce periods of time which, in accordance with point 7, are not stable.
9.
In case of overlapping of the minimum supply (§ 14 para. 4 of the Civil Service Act) with a pension from the statutory pension insurance after application of § 55 of the Staff Pension Act the supply of the served pension, according to Rests the supply up to the level of the difference between the pension and the minimum pension. The amount of the increase pursuant to § 14 (4) sentence 3 of the German Civil Service Act as well as the difference in amount pursuant to section 50 (1) of the civil service provision law shall not be taken into consideration in the calculation. The sum of the pension and the pension shall not fall short of the amount of the minimum supply plus the difference in amount pursuant to § 50 (1) of the Staff Pension Act. At least the paid retirement pension plus the difference in amount remains payable in accordance with § 50 (1) of the civil service law. Sentences 1 to 4 shall apply mutas to widows and orphans.
10.
As a term of office in the civil service relationship at the time within the meaning of Section 66 (2) of the Civil Service Act, the period in which a Wahlamt has been in force since the 3rd is also valid. It was not taken up in the civil servant relationship at the time required to achieve a term of office of eight years. For municipal election officials in the accession area who have reached or exceeded a term of office of eight years, and up to the age of 3. In October 2000, the remaining conditions of Section 66 (2) of the German Civil Service Act (BeamtenSupply Act) are also deemed to be fulfilled. The pension rate shall be reduced when the pensions are met with a pension within the meaning of Section 55 of the Staff Pension Act by the first sentence of Article 14 (1), first sentence, first sentence of the Staff Pension Act in the until 31 December 2002 ' valid version of the Staff Regulations in force, multiplied by the respective factor referred to in Article 69e (3) and (4) of the Staff Regulations, for each year taken into account in the first sentence of the first sentence. The survivor's pension (§ § 17 to 28 of the German Civil Service Act) is based on the retirement pension resulting from the sentence 3.
11.
Has an official after the appointment in the civil servant ratio one in the time of the 3. According to § 50a (1) to (7) of the Civil Service Act, the child was born until 31 December 1991 until 31 December 1991, provided that the child's education period ends twelve calendar months after the end of the month of birth. § § 249 and 249a of the Sixth Book of the Social Code apply accordingly. Moreover, Section 1 (2) remains unaffected.
12.
The measures of points 3 to 11 shall also apply in the event that an official enters into a Dienstherrn with its registered office in the former area of application of the Federal Law.
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§ 3 Use of officials and judges

(1) The period of use of an official or a judge from the former Federal territory for the purpose of building aid in the accession area shall be taken into account twice as a period of service which may be held for rest if it lasts for at least one year. (2) The provisions of paragraph 1 shall be limited until 31 December 1995. It shall not apply to any use which begins after 31 December 1994. Unofficial table of contents

§ 4 Use of civil servants and judges in retirement

(1) In the case of civil servants and retired judges who are used for the purpose of building assistance in the accession area because of their specific expertise, Section 53 of the Staff Regulations of Officials shall be applicable from the 3rd of the year onwards. No application was made in October 1990. With effect from 1 August 1991, Section 53 of the Staff Services Act shall apply to these employment relationships in so far as the sum of the pensions and the income from their use has a maximum limit of 130% of the non-wage-earnable remuneration. exceeds the amount of the pension. The increased ceiling shall be applied from 1 August 1991 to the minimum minimum limit laid down in Section 53 (2) (1) of the Staff Regulations. (2) The period of service which can be kept for rest shall be increased by the amount of time spent by an official or judge in retirement in a has completed its full-time, paid employment as an employee in the public service in the accession area, up to the maximum rate of 75% of the pensions which are eligible for rest. Article 69e (3) and (4) of the Staff Regulations of Officials shall apply with the proviso that the percentage of the percentage referred to in the first sentence shall be varied with the respective adjustment factor. (3) The provisions of paragraphs 1 and 2 shall not apply to: Employment relationships established after 31 December 1999. (4) A civil servant or judge in retirement as a result of a use in the accession area, in addition to his previous supply, acquires a new supply, he or she may do not irrevocably give up the new supply cover. Unofficial table of contents

§ 5 (Entry into force)

- Unofficial table of contents

Annex (to § 1 (1))
List of laws, regulations and administrative provisions adopted under the law on the supply of civil servants

(Fundstelle: BGBl. I 1993, 372;
with regard to of the individual amendments. Footnote)

A. Laws
(dropped)
B. Legal Regulations
1.
Regulation on the implementation of Section 31 of the Staff Regulations of Officials (Determination of Diseases for the Civil Protection of Civil Accidents) of 20 June 1977 (BGBl. I p. 1004)
2.
Ordinance for the implementation of § 33 of the German Civil Service Ordinance (Heilprocedural Ordinance-HeilvfV) of 25 April 1979 (BGBl. I p. 502)
3.
Ordinance on the one-time accident compensation in accordance with § 43 (3) of the Civil Service Act of 24 June 1977 (BGBl. 1011), as amended by the Regulation of 19 December 1984 (BGBl I). I p. 1674)
C. administrative provisions

General administrative provision concerning the civil service provision law (BeamtVGVwV) of 3 November 1980 (GMBl. 1980 p. 742; 1982 p. 355)