Regulation On Officials Supply Legal Transitional Arrangements After The Unification Of Germany

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

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Read the untranslated law here: http://www.gesetze-im-internet.de/beamtv_v/BJNR006300991.html

Regulation on officials supply legal transitional arrangements after the unification of Germany (Beamtenversorgungs transition regulation BeamtVÜV) BeamtVÜV Ausfertigung date: 11.03.1991 full quotation: "Beamtenversorgungs transition regulation as amended by the notice of 19 March 1993 (BGBl. I p. 369), most recently by article 15a number 1 of the law of February 5, 2009 (BGBl. I p. 160) has been changed" stand: Neugefasst by BEK. v. 19.3.1993 I 369;
 
As last amended by article 15a No. 1 G v. DSDS I 160 indirect change article 5 G v. 20.12.2011 I 2842 account learn more to the stand number in the menu see remarks footnote (+++ text detection from: 15.6.1991 +++) § 1 scope (1) this regulation lays down the supply in the officials supply Act and the, adopted legal and administrative provisions, that are listed in the annex to this regulation. It applies to civil servants and judges, which were used or transferred in the acceding territory after entry into force of the Unification Treaty of their first appointment or reappointment of in the area referred to in article 3 of the Unification Treaty (accession). It applies in accordance with the § § 3 and 4 also for civil servants and judges in the former Federal territory, as well as for civil servants and retired judges who operate in the acceding territory.
(2) the annex I Chapter XIX subject area A, section III No. 9 of the Unification Treaty of 31 August 1990 (BGBl. 1990 II S. 885, 1142), as well as in § 2 stipulations referred to in no. 3 to 7 do not apply to civil servants and judges, which transfer or new appointment in the immediate time (version applicable to section 85, paragraph 9, of the officials supply Act of 1 January 1992) at a public service employment in the former Federal territory is carried out.

Section 2 requirements the officials supply Act is without prejudice to the provisions in annex I Chapter XIX subject A, section III No. 9 of the Unification Treaty of 31 August 1990 (BGBl. 1990 II S. 885, 1142) with following additional stipulations: 1 local election officials in the acceding territory, who have completed at least a two-year term in the first municipal election period, the officials supply act as well as employment and unearned income receive a maintenance contribution up to the amount of the pension, taking into account of pensions within the meaning of article 55 in the meaning of § 53 para 7 of the Officials supply Act, despite willingness to the continuation of the Office can not be re-elected or not be selected again and at the end of its term the fiftieth years of age have. In addition at least an amount equal to apply sections 15 and 26 of the officials supply act according to the stipulations that 40 per cent of income without crediting and crediting a pension within the meaning of § 55 of the officials supply Act of § 14 ABS 1 sentence 1 half-sentence 1 of the officials supply Act in force until December 31, 2002 amended referred to in reduced of pension-eligible salaries , reproduced with the appropriate factor referred to in article 69 paragraph 3 and 4 of the officials supply Act, for each year of pension insurance-free official service time for survivors with the governing them share, payable remains. As far as these officials have not yet completed the fiftieth year of life, receive a transitional allowance in the amount of Sechsfachen of the remuneration of the last month of her term by way of derogation from § 47 of the officials supply law.
2. the pension-eligible salaries are determined taking into account the pay transition regulations. The same applies, as far as the officials supply law on salaries (§ 1 para 2, 3 of the federal pay law) or general regulations of the remuneration right is referenced. The same applies, as far as the officials supply law on salaries (§ 1 para 2, 3 of the federal pay law) or general regulations of the remuneration right is referenced. Sentences 1 and 2 shall not apply where are increased accident pension within the meaning of § 37 of the officials supply Act granted or calculated the survivor from this, if the harmful event has occurred during a special foreign use within the meaning of section 31a of the officials supply Act in the cases. Accident compensation is in the set of 3 cases according to § 35 of the officials supply Act, which find in Appendix 1 Chapter VIII subject K section III No. 1 letter a of the Unification Treaty of 31 August 1990 (BGBl. II S. 885, 1067) requirements referred to article 31, paragraph 1, of the Bundesversorgungsgesetzes not apply.
3. military service hours according to §§ 8 and 9 of the officials supply Act, an official has traveled after completion of the seventeenth year of life prior to the appointment to the civil servant in the service of the people's national army, considered pension eligible period of service a maximum up to five years, as far as is not number of 6 or 7 application. Sentence 1 shall apply correspondingly for comparable periods under sections 8 and 9 of the officials supply Act, an official has traveled to October 2, 1990, in the acceding territory.
4. times the official full-time until October 2, 1990, in the acceding territory has been in the public service, can a maximum up to five years be considered pension eligible, unless the officer without a break for which he worked and the activity has led to his appointment as pursuant to section 10 of the officials supply law. This does not apply as far as number is 6 or 7 application. More can be regulated by the Federal Minister of the Interior with the approval of the Federal Council by administrative provisions.
5. other times and periods after the sections 11 and 12 of the officials supply Act, the officials has traveled to October 2, 1990, in the acceding territory, can a maximum up to five years pension-eligible period of service to be recognised as, as far as is not number of 6 or 7 application.
6 military service and comparable times (§§ 8, 9 of the officials supply Act), employment (section 10 of the officials supply Act) and other times (§§ 11, 66 paragraph 9, section 67, paragraph 2, of the officials supply Act), which the official has traveled to October 2, 1990, in the acceding territory, are not considered pension eligible period of service as far as the General wait for the statutory pension insurance is fulfilled and based on those times as pension-legal times in calculating the pension under the statutory pension insurance; Training times (section 12 of the officials supply Act) are not pension able as far as the General wait for the statutory pension insurance is fulfilled. Pension legal times are also those within the meaning of article 2 of the Pensions Act of reconciliation.
7 times according to § 30 of the federal salaries Act are not pension able.
8. the meeting of a pension with pensions, also from transferred rights, aimed pursuant to article 55 of the officials supply law. The pension-eligible service period within the meaning of § 55 para 2 No. 1 is point (b) of the officials supply Act to reduce hours, which are capable of pension after number 7 does not.
9 exceeds at the meeting minimum supply (§ 14 para 4 of the officials supply Act) together with a pension from the statutory pension insurance after application of article 55 of the officials supply law that supply the earned pension, so resting the supply up to the amount of the difference between his served pension and the minimum pension. The raise amount according to § 14 para 4 sentence 3 of the officials supply Act, as well as the amount of the difference according to § 50 para 1 of the officials supply Act remain in the calculation out of consideration. The sum of supply and pensions must not lag behind the amount of the minimum pension plus the difference amount according to § 50 para 1 of the officials supply law. At least that remains payable earned pension plus the difference amount according to § 50 para 1 of the officials supply law. Sentences 1 to 4 shall apply mutatis mutandis for widows and orphans.
10 also the time in elective office since October 3, 1990, in the duties on time was perceived as necessary to achieve a term of eight years is considered tenure in the duties on time within the meaning of section 66 paragraph 2 of the officials supply law. The other requirements of section 66 paragraph 2 of the officials supply Act apply to local election officials in the acceding territory, which have a term of eight years reached or exceeded and reported until October 3, 2000, in retirement, met. The rest pay rate decreases at the meeting of the pension with a pension within the meaning of § 55 of the officials supply Act to in § 14, subsection 1, sentence 1 half-sentence 1 of the officials supply Act in force until December 31, 2002 amended referred to reduced of pension-eligible salaries, 1 reproduced with the factor referred to in article 69 paragraph 3 and 4 of the officials supply Act, for each sentence took into account year. The survivor (§§ 17 to 28 of the officials supply Act) is calculated from the themselves according to sentence 3 resulting pension.
11 an official raised a child born in the period from October 3, 1990, to December 31, 1991 following the appointment in the civil servant, § 50a para 1 to 7 of the officials supply Act shall apply mutatis mutandis with the proviso that the parenting time twelve calendar months ending at the end of the month of birth. § § 249 and 249a of the sixth book of the social code shall apply mutatis mutandis. In addition, section 1, paragraph 2 remains unaffected.
12.
The requirements of numbers 3 to 11 also apply in the event that a civil servant violates to an employer based in the existing scope of federal law.

§ 3 use of officials and judges (1) time of using an official or a judge in the former Federal territory for the purpose of reconstruction aid in the acceding territory will double as pension-eligible service period, if it has lasted without interruption at least a year.
(2) the rules of paragraph 1 is limited until 31 December 1995. It does not apply for use, beginning after 31 December 1994.

§ 4 is used by officials and judges retired (1) for civil servants and judges retired, used because of their particular expertise for the purpose of reconstruction aid in the acceding territory, article 53 of the officials supply Act from October 3, 1990 no application. From August 1, 1991, § 53 of the officials supply Act on these employment takes to the extent that the application, as the sum of pensions and use income exceeds a limit of 130 per cent of the pension-eligible salaries, is based the pension on which. The increased ceiling is applied from 1 August 1991 on the minimum reduction of § 53 para 2 No. 1 of the officials supply Act.
(2) the pension-eligible service period increases the time that has been its workforce full of demanding, paid employment as an employee in the public service in the acceding territory a civil servant or judge retired in one, up to the maximum rate of 75 per cent of the pension-eligible salaries. § 69e section 3 and 4 of the officials supply Act shall apply with the proviso that the percentage referred to in sentence 1 with the respective adjustment factor is to reproduce.
(3) the provisions of paragraphs 1 and 2 do not apply to employment relationships which are established after December 31, 1999.
(4) a civil servant or judge acquires retired as a result of a use in the entry field next to his previous supply regarding a new supply of reference, he may irrevocably waive the new supply cover.

§ 5 (entry into force) - plant (to § 1 para 1) directory of the officials supply Act adopted legal and administrative provisions (site: BGBl. I 1993, 372; regarding the details of the changes see footnote) A. laws (dropped out) B. regulations 1 Regulation on the implementation of article 31 of the officials supply Act (determination of diseases for the officers accident compensation) of 20 June 1977 (BGBl. I p. 1004) 2. Regulation on the implementation of article 33 of the officials supply Act (medical procedural regulation - HeilvfV) 25 April 1979 (BGBl. I p. 502) 3. Regulation on the single accident compensation according to § 43 Paragraph 3 of the officials supply law of 24 June 1977 (BGBl. I p. 1011), amended by the Decree of 19 December 1984 (BGBl. I p. 1674) C. regulations general administrative provision to the civil servants Act (BeamtVGVwV) of 3 November 1980 (GMBl. 1980 S. 742, 1982 p. 355)