Law to improve the personnel structure of the federal railway assets and the post-successor companies

Original Language Title: Gesetz zur Verbesserung der personellen Struktur beim Bundeseisenbahnvermögen und in den Postnachfolgeunternehmen

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Law to improve the personnel structure of the federal railway assets and the post-successor companies

Unofficial table of contents

BEDBPstructG

Date of completion: 27.12.1993

Full quote:

" Act to improve the personnel structure of federal railway assets and to the post-successor companies of 27 December 1993 (BGBl. I p. 2378, 2426), most recently by Article 3 of the Law of 21 November 2012 (BGBl. I p. 2299) "

Status: Last amended by Art. 3 G v. 21.11.2012 I 2299

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1994 + + +) 

Heading: IdF d. Art. 1 No. 1 G v. 10.11.2006 I 2589 mWv 16.11.2006
The G was decided on as Article 9 G 930-8 G v. 27.12.1993 I 2378 (ENeuOG) by the Bundestag with the consent of the Bundesrat. It's gem. Article 11 (1), first sentence, of this G entered into force on 1 January 1994. As far as provisions of the G officials of the Deutsche Bundespost concern, it is gem. Article 15 (2) G v. 14.9.1994 I 2325 mWv 23.9.1994 entered into force. Unofficial table of contents

§ 1 Scope

This law applies to civil servants and civil servants
1.
of the Federal Railways assets affected by restructuring measures at Deutsche Bahn Aktiengesellschaft,
2.
in the case of one of the post-successor companies Deutsche Post AG, Deutsche Postbank AG or Deutsche Telekom AG (Aktiengesellschaft), which are employed in areas with a staff overhang, and
3.
the Bundesanstalt für Post und Telekommunikation Deutsche Bundespost (Federal Office for Post and Telecommunications) Deutsche Bundespost, which is employed in areas with staff overhang
Unofficial table of contents

§ 2 Promotion of other uses

(1) For each official referred to in Article 1 (1), who is transferred to another business unit or to another department before 1 January 1999, the federal railway assets shall be paid to the receiving administration or to the receives monthly in advance an amount equal to half of the monthly salary of the Office, which was transferred to the official. The obligation to pay consists up to the provision of the official concerned, but not more than five years. (2) After the official's entry into retirement, the burden of supply between the federal railway assets and the receiving institution shall be paid. Administration shared. Section 107b of the Staff Regulations of Officials shall apply. (3) The provisions of paragraphs 1 and 2 shall apply to the officials referred to in § 1 (2) in the case of other uses outside the German Federal Post. The obligations meet the company of the Deutsche Bundespost, to which the official has previously been heard. In accordance with Section 11 (2) of the Postal Constitutional Law, they meet the Deutsche Bundespost POSTDIENST (German Federal Postal Service) if the official has previously been assigned to the Office of Social Affairs of the Executive Board of the Deutsche Bundespost or its subsidiary. The area has been heard. Unofficial table of contents

§ 3 Early retirement in retirement civil servants and civil servants of the Federal Railway assets

(1) Officials of the BundeseisenbahnAssets (Bundeseisenbahnassets), who have been affiliated or founded by restructuring measures at Deutsche Bahn Aktiengesellschaft or pursuant to Article 2 (1) and § 3 (3) sentence 1 of the German Railway Founding Act (Deutsche Bahn) companies may be retired until 31 December 2006 if they are to be retired, if:
1.
they as civil servants and civil servants of the ordinary or middle service the 55. Year of life or as civil servants and civil servants of the 60. have been completed and
2.
it is not possible to use them in their own or in other administrations, or is not reasonable in accordance with general civil service principles.
(2) § 5 (3) of the Staff Regulations of Officials is not applicable. Section 53 (2) no. 3 of the German Civil Service Act applies accordingly. (3) § 4 (1) sentence 1 of the Federal Law on Civil Servants applies accordingly. Unofficial table of contents

§ 4 Officials of the post-successor companies

(1) Officials pursuant to Section 1 (2) may be retired by 31 December 2016 at the request of a public official if:
1.
they are the 55. have completed their life year,
2.
it is not possible to use them in areas with personnel requirements in the public limited company and in a company within the meaning of Section 4 (4) sentence 2 of the Postal Personal Rights Act and the public limited company does not the use in administrations is known and
3.
Do not stand in the way of operational or business interests.
(2) The retirement pension of officials retired pursuant to paragraph 1 shall be reduced by a retirement pension in accordance with Section 14 (3) of the Staff Regulations of Officials in the version valid up to 11 February 2009. The official or the official shall receive a compensatory amount in respect of the retirement pension at the level of the supply cover for the entire duration of the supply, or the supply cover. The amount of the compensatory amount shall be part of the pension under the Staff Regulations. The joint-stock company, where the official is employed, pays to the Federal Government the corresponding amount of compensation up to the amount of 10.8%. (3) The civil servants, who are retired pursuant to paragraph 1, and the acquirers of the public limited liability company. (4) The joint-stock company bears the financial additional charges of the Postbeamtenpension fund, which is the result of the early retirement on the basis of this law. These additional charges are calculated on the basis of the comparison of the burdens of the Postbeamtenpension Fund from the assumed start of retirement according to the Federal Civil Service Act with their charges from the actual start of the retirement after this Law. On the basis of actuarial methods are included in the calculation of the early start of payment of pension payments, the premature omission of the company contributions according to § 16 para. 1 of the Postal Personal Law and in the amount to include divergent pension benefits. The amount of the payment obligation of the public limited liability company shall be determined on a case-by-case basis from the annual amount determined in point 1 of the annex to this Act and the payment period specified in point 2 of this annex. The payment periods to be applied shall be based on the age reached at the time of lashing, the grade reached and the period of service which has been maintained. The public limited company, where the official was last employed, has to comply with this obligation by payment to the Postbeamtenpension. The first annual amount referred to in point 1 of the Annex to this Act shall be made on the third most recent bank working day before the retirement of the official or the official, and the other annual amounts shall be at a distance of one year from each other, until the date of each year. the intended payment period has been reached in each individual case. Changes in the legal basis or actual circumstances after the date of the settlement have no effect on the amount and duration of the payment obligation of the public limited company on a case-by-case basis. For the year 2006, payment may initially be made as a deposit payment. The final payment shall be made without delay. The Federal Ministry of Finance will be able to examine the compensation payments by reason and amount. It is empowered to transfer the audit to third parties. In addition, the joint-stock company bears the accrued state aid of the respective official, respectively. of the official concerned of the payment period specified in point 2 of this Annex. Unofficial table of contents

§ 5 Officials of the Bundesanstalt für Post und Telekommunikation Deutsche Bundespost

(1) Officials pursuant to § 1 no. 3 may be retired upon application if their use is not possible in the administration or is not reasonable in accordance with general civil service law principles. (2) § 4 para. 1 sentence 1 no. 1 and sentence 2 and 2 and 3 shall apply accordingly. (3) For civil servants in accordance with § 1 No. 3, the public limited liability companies shall bear the financial additional charges resulting from the early retirement of retirement pursuant to this Act, and also the same as those of the Surcharges within the meaning of Section 14 (3) of the Staff Regulations of Officials. Unofficial table of contents

Annex (to § 4 (4))

(Fundstelle des Originaltextes: BGBl. I 2006, 2591)
1.
The annual amount of the payment obligation pursuant to § 4 (4) shall be the sum of the annual
a)
pensions, including 80 per cent of children's surcharge and
b)
Company contributions in accordance with § 16 (1) of the Postal Personal Rights Act, in each case based on the individual case of lashing according to this law.
2.
Payment periods according to § 4 paragraph 4 in years
BesGr < = A 06 Period of service-DZ (in years)
Age DZ < = 22 23 < = DZ < = 32 DZ > = 33
55 6.06 5.45 6.69
56 5.57 4.97 6.19
57 5.09 4.50 5.45
58 4.50 4.03 4.97
59 3.92 3.58 4.15
60 3.24 3.02 3.47
61 2.58 2.47 2.69
62 2.04 1.94 2.15
63 1.31 1.31 1.52
64 1.10 1.10 1.10
A 07 < = BesGr < = A 09 Period of service-DZ (in years)
Age DZ < = 22 23 < = DZ < = 32 DZ > = 33
55 7.60 6.19 7.60
56 6.95 5.69 6.82
57 6.31 5.21 5.94
58 5.45 4.61 5.21
59 4.73 4.03 4.38
60 3.92 3.35 3.58
61 3.02 2.80 3.02
62 2.26 2.15 2.37
63 1.42 1.42 1.62
64 1.10 1.00 1.00
A < = 10 BesGr Period of service-DZ (in years)
Age DZ < = 22 23 < = DZ < = 32 DZ > = 33
55 6.57 6.19 7.60
56 6.06 5.69 6.82
57 5.45 5.09 6.06
58 4.73 4.50 5.21
59 4.03 3.92 4.38
60 3.47 3.35 3.69
61 2.80 2.69 3.02
62 2.15 2.04 2.37
63 1.21 1.42 1.62
64 1.10 0.90 1.10