Law on the legal relationships of the members of the Federal Government (Bundesministergesetz-BMinG)

Unofficial table of contents

BMinG

Date of completion: 17.06.1953

Full quote:

" Federal Ministers Act in the version of the Notice of 27 July 1971 (BGBl. I p. 1166), most recently by Article 1 of the Law of 17 July 2015 (BGBl. I p. 1322).

Status:	New by Bek. v. 27.7.1971 I 1166;
	Last amended by Art. 1 G v. 17.7.2015 I 1322

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.11.1977 + + +) 

  

Heading: letter abbreviation inserted. by, Short transcript idF d. Art. 1 No. 1 G v. 17.7.2015 I 1322 mWv 25.7.2015 Unofficial table of contents

§ 1

In accordance with this law, the members of the Federal Government are responsible for the federal government in a public service relationship. Unofficial table of contents

§ 2

(1) The members of the Federal Government shall receive a document of their appointment, completed by the Federal President. The certificate for the Federal Ministers is to be signed by the Federal Chancellor; the certificate for the Federal Chancellor does not require any counter-drawing. An appointment in electronic form is excluded. (2) The term of office begins with the handing out of the document or, if the oath has been made in advance (§ 3), with the insult. (3) In the certificate for the Federal Minister the the business branch transferred. Unofficial table of contents

§ 3

The members of the Federal Government shall, when taking over their office before the Bundestag, make the oath provided for in Article 56 of the Basic Law. Unofficial table of contents

§ 4

A member of the federal government cannot at the same time be a member of a state government. Unofficial table of contents

§ 5

(1) In addition to their duties, the members of the Federal Government shall not exercise any other spilled office, no business and no occupation. During their term of office, they may also not belong to the Management Board, the Supervisory Board or the Board of Directors of a company that is aimed at acquisition, or may act as arbitrators or issue out-of-court opinions against remuneration. The Bundestag may allow exceptions to the prohibition of membership of a supervisory board or a board of directors. (2) The members of the federal government are not to hold a public honorary office during their term of office. The Federal Government can accept exceptions. (3) The members and former members of the Federal Government have to inform the Federal Government about gifts they receive in respect of their office. The Federal Government decides on the use of the gifts. Unofficial table of contents

§ 6

(1) The members of the Federal Government shall, even after termination of their duties, be obliged to maintain secrecy over the matters that have been officially announced to them. This shall not apply to communications in the field of service or to facts which are obvious or which do not require secrecy in importance. (2) The members of the Federal Government may, even if they are no longer in the Office, on such matters Without the permission of the Federal Government, neither court nor out-of-court statements or statements shall be made. (3) Untouched shall remain the legally established duty to indicate criminal offences and in the event of a risk to the free movement of persons. the basic democratic order for their conservation. Unofficial table of contents

§ 6a

(1) Members of the Federal Government who intend to take up gainful employment or other employment outside the public service within the first 18 months after their departure from the Office shall have this in view of the Federal Government in writing. Sentence 1 shall apply to former members of the Federal Government according to. (2) The obligation to notify arises as soon as a member or former member of the Federal Government begins preparations for the admission of a job or a member of the Federal Government. Employment is envisaged. The display should be displayed at least one month before the start of the activity. If the deadline is not met, the Federal Government may provisionally prohibit the inclusion of the activity up to a maximum of one month. Unofficial table of contents

§ 6b

(1) The Federal Government may prohibit, in whole or in part, the employment or other employment for the period of the first 18 months after leaving the Office, to the extent that it is necessary for the employment of public interests to be carried out by employment shall be affected. In particular, an impairment shall be deemed to be the case if the employment envisaged is

1.

in matters or areas in which the former Member of the Federal Government was active during his term of office, or

2.

can interfere with the public's confidence in the integrity of the federal government.

Reasons shall be given for the submission. (2) A subdivision shall normally not exceed one year. In cases in which public interests would be seriously affected, it is possible to pronounse an obsessions for the duration of up to 18 months. (3) The Federal Government shall take its decision on a recommendation for a recommendation of one of three Members of existing consultative bodies. The Consultative Body shall justify its recommendation. It does not make its recommendation public. (4) The decision shall be published in the communication of the recommendation of the advisory body. Unofficial table of contents

§ 6c

(1) The members of the advisory body shall have functions at the head of state or social institutions or have experience in an important political office. On a proposal from the Federal Government, they are appointed by the Federal President at the beginning of an election period of the German Bundestag and are active on a voluntary basis. (2) The members of the advisory body are also appointed after their departure. (3) The members of the advisory body will receive a flat-rate compensation as well as reimbursement of their travel expenses. These are determined by the head of the Federal Chancellery in agreement with the Federal Ministry of the Interior. (4) The members of the advisory body shall carry out their duties until new members have been appointed in accordance with the second sentence of paragraph 1. Revocations shall be admissible. (5) In order to carry out its task, the advisory body shall make available the necessary personnel and the necessary equipment. Unofficial table of contents

§ 6d

If the admission of employment or other employment is prohibited in accordance with the first sentence of Article 6b (1), the transitional allowance shall be granted for the duration of the prohibition, unless a further claim arises from the first sentence of Article 14 (2) of the Regulation. Unofficial table of contents

§ 7

(1) The authorisation to testify as a witness shall only be denied if the statement would cause disadvantages for the benefit of the Federal Government or a German country or would seriously endanger or significantly impede the performance of public tasks. (2) The Permission to report an opinion may be denied if the refund would be detrimental to the interests of the service. (3) § 28 of the Law on the Federal Constitutional Court, as amended by the Notice of 3 February 1971. (Bundesgesetzbl. 105) shall remain unaffected. Unofficial table of contents

§ 8

A disciplinary procedure against members of the Federal Government does not take place. Unofficial table of contents

§ 9

(1) The official relationship of the members of the Federal Government ends

1.

with the dismissal of the Federal Chancellor, if the Bundestag, under Article 67 of the Basic Law, issued the German Bundestag the mistrust,

2.

with the meeting of a new Bundestag,

3.

with any other discharge from the office of the Federal Chancellor.

(2) The official relationship of the individual Federal Ministers also ends with their dismissal. The Federal Ministers can be dismissed at any time and demand their dismissal at any time. Unofficial table of contents

§ 10

In the event of termination of the duties of the members of the Federal Government, the provisions of Section 2 (1) shall apply. A dismissal shall be effective with the handout of the certificate; the suspension may be replaced by official publication. Unofficial table of contents

§ 11

(1) The members of the Federal Government receive from the beginning of the calendar month in which the official relationship begins, until the end of the calendar month in which the official relationship ends, the following emollitions:

a)

an official salary, and the Federal Chancellor, in the amount of one-two-thirds, the Federal Minister, in the amount of one-third of the basic salary of grade B 11, including the basic salary of generally granted allowances,

b)

a local surcharge of one-third of the locus surcharge in grade B 11;

c)

a service allowance, namely the Federal Chancellor of

annual	24,000 DM,
Federal Ministers of annual	7,200 DM,

d)

in the event of impossibility of the transfer of the own house status after the seat of the Federal Government for the duration of its continuation to the former place of residence, a compensation of

annual

DM 3,600.

The terms of office are paid monthly in advance. (2) In the same period, official references are only granted once. (3) If a member of the Federal Government is asked to carry on the business in accordance with Article 69 (3) of the Basic Law, the terms of office shall be made up to the end of the calendar month. (4) § 83a of the Federal Civil Service Act (Bundesbeamtengesetz) including the transitional provisions and § 87a of the Federal Civil Service Act (Bundesbeamtengesetz) are to be applied in accordance with the relevant provisions.

Footnote

Section 11 (4) italic print: Aufgeh. by Art. IV § 1 No. 9 G v. 23.5.1975 I 1173 mWv 1.7.1975; cf. now § 8 Bundesbesoldungsgesetz 2032-1 Unofficial table of contents

§ 12

(1) The Federal Chancellor shall be entitled to an official residence with equipment. An official residence can be assigned to the Federal Ministers. If an official residence is made available, the local surcharge is not required (Section 11 (1) (b)). (2) The members of the Federal Government who have received an official residence shall be entitled to continue them for the duration of the term of office after the term of office has been terminated. three months under the same conditions as before, unless an adequate dwelling has been proved to them in the past. The month in which the term of office ends shall not be included. (3) The members of the Federal Government shall be compensated for the recompensations which are necessary as a result of their appointment or termination of their duties. (4) In the case of official activities outside the seat of the Federal Government, they shall receive daily allowances and compensation for travel expenses. (5) The further provisions relating to official residences, repayment of expenses, daily allowances and compensation shall be granted for Travel expenses shall be issued by the Federal Minister of the Interior in accordance with the opinion of the President of the Federal Court of Auditors. (6) Members of the Federal Government and the recipient of the care pursuant to this Act shall be entitled, in so far as there is no claim pursuant to Section 27 of the Act of Depuity, to apply the aid in accordance with the law of the Federal Office of Officials. provisions in force. Unofficial table of contents

§ 13

(1) The members of the Federal Government and their survivors shall be provided with care in accordance with the provisions of § § 14 to 17. (2) Unless otherwise specified, the members of the Federal Government shall be subject to the provisions applicable to the Federal Government. to apply the rules of supply law. Unofficial table of contents

§ 14

(1) A former member of the Federal Government shall receive transitional allowance from the date on which his or her duties cease. (2) The transitional allowance shall be paid for the same number of months for which the person entitled shall not be subject to an interruption in office. Member of the Federal Government has received, but at least for six months and not more than two years. If the transitional allowance and the pension are combined in accordance with § 15 or § 17, the transitional allowance shall be reduced by the retirement pension before the transitional allowance and the pension shall be subject to other rules of settlement and rest. (3) Transitional allowance shall be granted

1.

for the first three months, the official salary and the total local surcharge,

2.

For the remainder of the reference period, half of these references.

The transitional allowance is paid in advance on a monthly basis. (4) In case of several interrupted periods of office of a member of the Federal Government, the transitional allowance shall be charged in particular for each consecutive term of office. If a former member of the Federal Government is re-appointed before the end of the period for which he is eligible for a transitional allowance, the former transitional allowance shall be replaced by the transitional allowance resulting from the later term of office. , if the latter is still for a longer period of time than the transitional allowance from the later term of office. The amount of the former transitional period shall be determined in respect of the first six months referred to in paragraph 3 (1) and (2) following the re-dismissal, always in accordance with the terms of office of the last office, but for the subsequent period of time only if the (5) In the event of a change between the office of a member of the Federal Government and that of a Parliamentary State Secretary to a member of the Federal Government, paragraphs 2 and 4 shall apply accordingly. A period of time in the office of a Parliamentary State Secretary before 15 December 1972 shall not be taken into account. (6) The transitional allowance remaining after the application of other rules of settlement and rest shall be taken from the second month onwards. Employment income from a private professional activity. Unofficial table of contents

§ 15

(1) A former member of the Federal Government shall be entitled to a retirement pension from the date on which the terms of office cease, if it has been a member of the Federal Government for at least four years; a period of time in the office of Parliamentary State Secretary in the case of a member of the federal government, as well as periods of prior membership in a federal state government, which have not led to any claim to supply under national law shall be taken into account. In the event of termination of the term of office for the reasons mentioned in section 9 (1) (1) and (3), or in the event of a dissolution of the Bundestag and an uninterrupted membership of the federal government of more than two years, this shall be deemed to be the term of office of (2) The period of membership in the Federal Government, in the office of a Parliamentary State Secretary to a member of the Federal Government and a previous membership of a national government. (3) The Entitlement to a pension shall be based on up to the end of the month in which:

1.

the rule-age limit applicable to civil servants is reached, or

2.

the retirement pension at the request prematurely from the completion of the 60. Year of life

. The pension shall be 27.74 of the hundred of the official salary and the local surcharge after the completion of a four-year term of office. With each additional year of office, it rises by 2,39167 from the hundred to the maximum of 71.75 of the hundred. In the cases referred to in the first sentence of sentence 1, the pension shall be reduced by 3.6 per cent for each year by which the former Member of the Federal Government shall have the pension before the end of the month in which it reaches the limit of the rule age applicable to officials, prematurely. The reduction in the retirement pension shall not exceed 14.4 of the hundred. (3a) A former member of the Federal Government who does not fulfil the condition set out in paragraph 1 shall, upon request, be subject to the provisions of the Sixth Book in accordance with the provisions of the present application. Social code of post-insurance cover for the duration of his term of office. This shall not apply if and to the extent that the term of office is taken into account or taken into account in a public insurance policy or in a supply according to the principles of the service law. (4) A period in the office of a parliamentary State Secretary to a member of the Federal Government before 15 December 1972 shall not be taken into account in the application of paragraphs 1 and 2. For the purposes of calculating the term of office referred to in paragraph 1 and in the second sentence of paragraph 3, a remainder of more than two hundred and seventy-three days shall be considered as the full year of office. (5) If a member of the Federal Government has exercised his duties or in connection with his duties, In the absence of his or her fault, he or she has suffered a damage to the health of his or her work, which is permanently and substantially affected by his/her work force, after the termination of his/her former activity or equivalent to a equivalent If employment is no longer in a position to do so, it shall also be granted without the existence of the conditions in accordance with paragraph 1, a life-length pension of at least twenty-nine from the hundred of the official salary and the place-of-place allowance. The Federal Government shall determine whether the conditions are met. Unofficial table of contents

§ 16

(1) The survivors of a member of the Federal Government shall receive survivor's care (Section 13 (2)). Section 15 (1) does not apply to the care of the survivors of a member of the Federal Government; the assessment of their supply shall be based on a pension of at least thirty-five of the hundred of the official salary and the local surcharge. . The first sentence shall also apply to the survivors of a former member of the Federal Government who, at the time of his death, was entitled to a retirement pension. (2) Unofficial table of contents

§ 16a

(1) The survivors of a member of the Federal Government shall receive a bridging allowance in the amount of the official salary and the local surcharge. In the case of a term of office of at least four years, the bridging allowance shall be one-and-a-half times the official salary and the arrival date. If survivors are not present, other persons who have borne the costs of the last illness or burial shall be granted the bridging allowance up to the amount of their expenses. (2) The same shall apply in the case of the death of a former Member (3) The survivors of a former member of the Federal Government who, at the time of his death, referred to the transitional allowance without entitlement to a pension , to receive a bridging allowance of one and a half times the Transitional allowance in the month of death as well as for the remainder of the reference period of the transitional allowance of widows and orphans; the widows and orphans ' money shall be calculated from the transitional allowance in accordance with § 14 (3) no. 2. (4) , benefits shall be paid in accordance with the provisions of the pension scheme applicable to the federal civil servants on the occasion of death. Unofficial table of contents

§ 17

(1) If a member of the Federal Government is injured by a service accident, he and his survivors shall be granted accident care. (2) Accidents resulting from the adoption of a political review shall be in doubt. as a service accident. (3) The accident prevention

1.

in a healing process for the injured,

2.

in a retirement pension if the member of the Federal Government has become incapaciated and his/her relationship ends,

3.

in a survivor's supply, if the member of the federal government is deceased as a result of the accident.

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§ 18

(1) If an official or judge of the Federal Government is appointed as a member of the Federal Government, he shall leave his office as an official or judge with the beginning of the term of office (§ 2 para. 2). For the duration of the membership, the rights and obligations established in the service shall rest with the exception of the duty of secrecy and the prohibition of acceptance of rewards or gifts. In the case of an accident-injured official or judge, the right to the healing process remains unaffected. (2) If the official relationship is a member of the federal government, the official or judge shall, if he does not have his/her duties within three months with his/her Consent is transferred to another office, with the expiry of that period from the duty of service as a civil servant or judge, and receives the retirement pension which he/she is entitled to in his former post as a member of the office of the (3) The provisions of paragraphs 1 and 2 shall apply mutatily to those of the members of the Federal Government appointed civil servants or judges of a country, a municipality (municipal association) or any other body, institution or foundation under public law. The rest is taken over by the federal government. The same applies to the survivor's references. (4) A member of a national government is divorced as a member of the federal government as a member of the federal government (§ 4) and is a member of a state government as a member of a national government. This is assumed by the Federal Government, which is the right to supply. Unofficial table of contents

§ 19

If a member of the Federal Government obtains an income from a use in the civil service for a period of time for which the remuneration is to be paid (§ 11), the right to this income shall be based up to the amount of the remuneration. Unofficial table of contents

§ 20

(1) If a member or a former member of the Federal Government, on the basis of an earlier duty as a civil servant or a judge or a former term of office as Minister of State (Section 18 (4)), is entitled to a retirement pension or to a former member of the Federal Government. A pension-like supply, this entitlement shall rest for a period of time, for which the salaries (§ 11), transitional allowance or retirement pension (§ § 14, 15, 17) are to be paid, up to the amount of the sum of these salaries. (2) Former member of the Federal Government, the transitional allowance or retirement pension from the In the case of re-use in the public service, such remuneration shall only be paid in so far as the income from its use falls short of the transitional allowance or retirement pension which is due for the same period. The same shall apply to a retirement pension or to a rest-related supply on the basis of re-use. (2a) The pension shall be equal in addition to the income from the acquisition and purchase, which is not taken into account in accordance with paragraph 2, or, in addition to pensions, only in the amount of , which is the result of the application of § § 53 and 55 of the Staff Regulations of Officials. § 55 of the Staff Regulations of Officials must be applied with the proviso that, in accordance with Section 55 (2) sentence 1 (1) of the Civil Service Act, the maximum limit shall be replaced by the maximum rate pursuant to Article 15 (3) sentence 3 § 21a (5) sentence 1 of this Act as well as Section 69e (3) sentence 3 of the Staff Regulations Act shall apply accordingly. The transitional allowance pursuant to § 14 is to be applied from the second month on the basis of Section 55 of the Civil Service Act with the proviso that the respective amount in accordance with section 14 (3) of the Civil Service Act shall be replaced by the maximum limit laid down in Section 55 (2) sentence 1 (1) of the Staff Regulations Act. Sentence 1 or the amount resulting from the application of the second sentence of Article 14 (2) shall be entered. The amount of the glory resulting from the application of the first and second sentences may not exceed the amount of benefits to be taken into account in accordance with the first sentence, together with the amount of the credit provided for in Article 14 (6) and the amount of the rest of the rest referred to in sentence 3. The sentences 1 to 4 shall apply only to cases of supply which are based on a public-law relationship established after 21 November 2005. (3) Paragraphs 1 to 2a shall apply to survivors (§ 16). § 54 (3) and (4) sentence 2 of the Civil Service Supply Act applies accordingly. (4) For a former member of the Federal Government or his survivors, § 160b of the Federal Civil Service Act, including the transitional provisions passed thereto, shall apply. sensual. (5) (omitted)

Footnote

§ 20 (4) italic print: Aufgeh. by § 92 (1) no. 5 G v. 24.8.1976 I 2485 mWv 1.1.1977; see now § 56 iVm § 90 BeamtenSupply Act 2030-25 Unofficial table of contents

Section 21

(1) The provisions of this Act shall apply to the former members of the Administrative Board of the United Economic Area (the Chairman of the Administrative Board and the Directors of the Administrations). (2) Is a former Member of the Board of Directors of the United Economic Area has been appointed as a member of the Federal Government immediately after his term of office, so the terms of office shall be deemed to be a member of the Administrative Board and as a member of the Federal Government as defined in Section 15 (1) to (4) as a single term of office. (3) This Act shall apply to the members of the Council of Ministers of the former German Democratic Republic, who have been a member of the Council for the period from 12 April 1990 onwards, with the following measures:
The retirement pension will be taken from the end of the month in which the former member of the Council of Ministers will be the 55. Year of life has been completed. It shall be for the period of membership of the Council of Ministers during the period from 12 April 1990 to

1.

the Prime Minister, five of the hundreds of the official salary and the chancellor's outing,

2.

the Minister five of the hundred of the official salary and the local surcharge of a Federal Minister

according to § 11 in conjunction with the law on the non-adjustment of the official salary and the local surcharge of the members of the Federal Government and of the Parliamentary State Secretaries. Section 20 (2a) is to be applied only in respect of the consideration of pensions. Pensions shall be granted on application as of 1 November 2008. The provisions of sentences 1 to 5 shall not apply where the person entitled or the person to whom he or she derided his entitlement infringes the principles of humanity and the rule of law or, to a serious extent, the position of his or her own benefit, or (4) For former members of the Federal Government who fulfil the conditions set out in paragraph 3, the period of membership of the Council of Ministers is considered to be the full year of the year. Unofficial table of contents

Section 21a

(1) The legal conditions of the former members of the Federal Government and of the survivors of a former member of the Federal Government, which are present on 1 January 1992, shall be governed by the law applicable until 31 December 1991 with the following provisions: Dimensions:

1.

Section 20 (5) in the preceding paragraph The current version of the Directive is applicable. This shall not apply as long as the employment or activity of a former member of the Federal Government, which takes place on 31 December 1991 beyond that date, continues.

2.

The legal conditions of the survivors of a former member of the Federal Government, who died after 31 December 1991, shall be governed by the provisions in force as from 1 January 1992, but on the basis of the previous one. Retirement pension.

(2) Consists of an official relationship beyond 31 December 1991 and, at that time, has a membership of the Federal Government, including a period in the office of Parliamentary State Secretary to a member of the Federal Government (3) If a former member of the Federal Government is again a member of the Federal Government after 31 December 1991, the former member of the Federal Government shall remain in force in accordance with paragraph 1 of this Article. , or paragraph 2, the percentage of the previous pension shall be maintained if the percentage of the The percentage of the new pension is less than the percentage of the former retirement pension. (4) Has the official status as a member of the Federal Government before the entry into force of the Second Law amending the Federal Minister of State Act of 5. December 1997 (BGBl. 2851), § 14 shall apply in the version valid up to that date. (5) In the case of supply cases in which the conditions of § 15 (1) before the entry into force of the eighth amendment to 31 December 2002, the following adaptation of the Pensions from grade B 11 pursuant to § 70 of the German Civil Service Act are without prejudice to paragraphs 1 to 3, section 15 (3) sentence 1 and 2, in the version valid up to 31 December 2002. § 69e (3) sentence 1 and 5 and (4) of the Staff Regulations of Officials shall apply accordingly; this shall not apply to the minimum pension rate as defined in Article 15 (3) sentence 2 after four years of term of office and to the minimum pension salary as defined in Article 15 (5) sentence 1. the pension rate laid down in Article 21 (3) and the pension based on that fixed in accordance with Article 21 (3). The legal conditions of the former members of the Federal Government, whose term of office was terminated before 23 November 2005 and which subsequently did not become members of the Federal Government, are § 14 para. 2, § 15 and § 20 (5) in the before the 29th October 2008. The legal conditions of those former members of the Federal Government, which the Federal Government has been a member of during periods of time both before and after 22 November 2005, is § 15 in the prior to the 29. by the end of the month in which they reach the rule-of-law limit applicable to officials, do not take into account the terms of office and the terms of office after 22 November 2005. Sentence 4 shall not apply if, on 22 November 2005, the right to a retirement pension under this Act was not granted. Unofficial table of contents

Section 22

The Federal Minister of the Interior shall be authorized to adopt the administrative provisions necessary for the implementation of this Act. Unofficial table of contents

Section 23

This law applies in accordance with Section 13 (1) of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Unofficial table of contents

§ 24

(1) This Act shall enter into force with effect from 20 September 1949, § 11, however, only from 1 April 1953. (2) For the period prior to 1 April 1953, the payments made shall remain.