Law On The Legal Relationships Of The Members Of The Federal Government

Original Language Title: Gesetz über die Rechtsverhältnisse der Mitglieder der Bundesregierung

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.gesetze-im-internet.de/bming/BJNR004070953.html

Law on the legal relationships of the members of the Federal Government (Federal Minister law - BMinG) BMinG Ausfertigung date: 17.06.1953 full quotation: "Federal Minister act as amended by the notice of 27 July 1971 (BGBl. I p. 1166), most recently by article 1 of the Act of July 17, 2015 (BGBl. I p. 1322) has been changed" stand: Neugefasst by BEK. v. 27.7.1971 I 1166;
 
as last amended by article 1 G v. 17.7.2015 I 1322 for more information on the stand number found in the menu see remarks footnote (+++ text detection from validity: 1.11.1977 +++) heading: eingef the letter abbreviation. by & short heading idF d. Article 1 No. 1 G v. 17.7.2015 1322 mWv 25.7.2015 § 1 members of the Federal Government related to this Act to the federal public service Office relationship.

The members of the Federal Government receive § 2 (1) a certificate made by the Federal President on their appointment. The certificate for the Federal Minister is countersigned by the Federal Chancellor; the certificate for the Chancellor needs no countersignature. An appointment in electronic form is excluded.
(2) the official relationship begins with the handing over of the certificate or, if the oath has been done before (§ 3), with the swearing-in.
(3) in the document for the Federal Minister, the transferred business shall be specified.

§ 3 the members of the Federal Government shall take an oath provided for in article 56 of the basic law when the assumption of their duties before the Bundestag.

§ 4 a member of the Federal Government may not at the same time be member of a provincial government.

§ 5 (1) the members of the Federal Government may next to her Office no other paid Office, no trade and no professional exercise. You may also include not the Board of Directors, supervisory board or Board of Directors of a company to purchase during their time in Office or work for a fee as a referee, or provide extra-judicial opinions. The Bundestag may allow exemptions from the prohibition of belonging to a supervisory board or Board of Directors.
(2) the members of the Federal Government will hold no public volunteering during her tenure. The Federal Government may allow exceptions thereof.
(3) the members and former members of the Federal Government have to make this announcement, they received in their Office about gifts. The Federal Government decides on the use of the gifts.

The members of the Federal Government are § 6 (1), even after termination of their official relationship, committed to them officially known issues to preserve secrecy. This does not apply to communications in the interests of the service or about facts that are obvious or require their importance for any secrecy.
(2) that allowed members of the Federal Government, even if they are no longer in Office, say about such matters without the consent of the Federal Government in court or out of court, or make statements.
(3) prejudice be legally justified duty to show offences and to promote conservation in threat to the free democratic basic order.

Section 6a (1) members of the Federal Government, which intended to take an employment or other employment outside the public service within the first 18 months after leaving the Office, have to show this the Federal Government in writing. Sentence 1 shall apply to former members of the Federal Government according to.
(2) the notification obligation arises if a member or former member of the Federal Government begins preparations for the employment or re-employment prospect provided him. The display should be at least one month before the commencement of the activity. If the deadline is not met, the Federal Government may provisionally prohibit the commencement of the activity up to the period of not more than one month.

the employment or other employment during the first 18 months after leaving the Office wholly or partially prohibit 6B (1) that Federal Government can §, as far as to get is that public interests are affected by the employment. Impairment is to be especially when intended employment 1 in matters or areas of is to be exercised where the former member of the Federal Government worked during his time in Office, or 2 can affect the confidence of the public in the integrity of the Federal Government.
The prohibition is justified.
(2) a prohibition should not exceed usually the duration of one year. In cases in which public interests would be severely impaired, a ban may be pronounced for a period of up to 18 months.
(3) the Federal Government meets its decision on a ban on the recommendation of a three-member Advisory Panel. The Advisory Panel has its recommendation to establish. Not publicly available its recommendation.
(4) the decision is to publish notice of the recommendation of the Advisory Panel.

§ 6c (1) the members of the advisory body should have perceived functions at the top of Government or social institutions or have experience in a major political office. They are each appointed at the beginning of a parliamentary term of the Bundestag by the Federal President on a proposal from the Federal Government and are volunteers.
(2) the members of the Advisory Panel are obliged to secrecy about the Affairs of known them at or on occasion their activity even after her retirement.
(3) the members of the advisory body will receive a lump-sum compensation and reimbursement of travel costs. 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 Panel on practicing their activity so long out, set 2 have been appointed to new members referred to in paragraph 1. Re appointments are allowed.
(5) for the fulfilment of its task is to provide the necessary staff and the equipment of the matter the Advisory Panel.

§ 6 d is prohibited from taking out a gainful employment or other employment b paragraph 1 sentence 1 according to § 6, so the transitional allowance for the period is granted the prohibition, unless a further claim from § 14 paragraph 2 sentence 1.

The permit, as a witness to testify § 7 (1), should be refused only if the statement would prepare disadvantages to the benefit of the Federation or a German land or seriously jeopardise the performance of public duties or significantly complicate.
(2) the authorisation to submit an opinion, can be refused if the refund would cause disadvantages the official interests.
(3) section 28 of the Act on the Constitutional Court amended the notice of February 3, 1971 (Bundesgesetzbl. I p. 105) shall remain unaffected.

Article 8 disciplinary proceedings against members of the Federal Government does not take place.

§ 9 (1) the official ratio of members of the Federal Government ends 1 with the dismissal of the Chancellor when the Bundestag expressed distrust him pursuant to article 67 of the basic law, 2 with the meeting of a new Parliament, 3rd with every other execution of the Office of the Federal Chancellor.
(2) the official ratio of individual Federal Ministers also ends with her release. The Federal Minister can be dismissed at any time and at any time to demand her release.

Article 10 in the event of termination of Office of the members of the Federal Government apply the corresponding provisions of § 2 para 1. A dismissal is effective with the handing over of the certificate; the delivery can be replaced by official publication.

§ 11 (1) the members of the Federal Government will receive from the beginning of the calendar month in which the official relationship begins until the end of the calendar month in which the Office will expire, following emoluments: a) an official salary, namely the Federal Chancellor in height by a two-thirds, the Federal Minister in the amount of a one third of the salary of grade B 11 including generally granted to the salary supplements, b) a local allowance amounting to a one-third place award related to the grade B 11 , c) a service allowance, namely the Chancellor each year 24,000 DM, the Federal Minister annually 7.200 DM, d) case of impossibility of the laying of the own House stand for the seat of the Federal Government for the duration of his continuation at the previous place of residence annually 3.600 DM compensation.
The salaries are paid monthly in advance.
(2) for the same period, salaries be granted only once. The covers are not equal, the higher salaries are entitled to.
(3) a member para 3 of the basic law calls on article 69 of the Federal Government after to continue the business, so the salaries further granted until the end of the calendar month, in which the Board of Directors ends.
(4) article 83a of the federal civil servants Act including the transitional provisions implementing and § 87a of the federal civil servants act shall apply mutatis mutandis.
Footnote § 11 ABS. 4 italics: go on. by article IV sec. 1 No. 9 G v. 23.5.1975 I 1173 mWv 1.7.1975; CF. now article 8 federal salaries Act 2032-1 § 12 (1) the Federal Chancellor has claim to a home with facilities. A home can be assigned to the Federal Ministers. Is a home available, is local allowance (article 11, paragraph 1 letter b).
(2) the members of the Federal Government, who purchased a home, are entitled to use them after the termination of the Office for a period of three months under the same conditions as before, except that before an adequate housing is assigned to them. The month in which the Office will expire, is not included here.
(3) compensation is granted for the moves entails as a result of their appointment or the termination of their official relationship the members of the Federal Government.
(4) in the case of official activities outside the seat of the Federal Government, they receive daily allowances and compensation for travel expenses.
(5 the Federal Minister of the Interior shall issue after added statement of the President of the Federal) other provisions concerning Office apartments, relocation expenses, daily subsistence allowances and compensation for travel expenses.
(6) members of the Federal Government and pensioners receive according to this law, insofar as no claim according to § 27 of the deputies law, aid in by analogy with application of the rules for federal officials.

Article 13 (1) the members of the Federal Government and their survivors receive after termination of Office under the provisions of sections 14 to 17 (2) insofar as nothing else is determined, are the supply-legal regulations for federal officials apply by analogy to supply.

§ 14 (1) a former member of the Federal Government receives severance from the time in which his emoluments cease.
(2) the transitional allowance is paid for the same number of months for which the entitled party without interruption has received salaries as a member of the Federal Government, but at least for six months and a maximum of two years. Meet the transitional allowance and retirement pension after article 15 or article 17, the transitional allowance to the pension is reduced before other credit and Ruhensvorschriften be applied to the transitional allowance and the pension.
(3) as a transitional allowance the official salary and the local allowance in full, 2 for the rest of the period this covers half granted to 1 for the first three months.
The transitional allowance is paid monthly in advance.
(4) in the case of several interrupted terms of a member of the Federal Government, the transitional allowance for each related term is particularly calculated. Is a former member of the Federal Government before the expiry of the time for the transition money is to him, is reappointed, so the previous transitional allowance is granted again released in place of the transitional allowance arising from the subsequent term, if this condition for a longer duration than the transition money from the later term. The height of the previous transitional allowance intended for re dismissal following six months pursuant to paragraph 3 but only if the last Office was higher than the previous official No. 1 and 2, and always after the official salary of the last Office, for the subsequent period.
(5) the provisions of paragraphs 2 and 4 shall apply when changing between the Office of a member of the Federal Government and a Parliamentary Secretary of State at a member of the Federal Government, according to. A time in a parliamentary State Secretary before December 15, 1972 is not taken into account.
(6) on the remaining after the application of any other credit and Ruhensvorschriften transition money all incomes from a private employment are counted from the second month.

Section 15 (1) has to a former member of the Federal Government of the time in which the salaries stop, pension entitlement, if it has; belongs to the Federal Government at least four years a time in the Office of Parliamentary Secretary of State at a member of the Federal Government, as well as times of previous membership in a State Government, which led to no claim to supply the national law is taken into account. Upon termination of Office is terminated for the in § 9 para 1 Nos. 1 and 3 mentioned reasons or in the event of a dissolution of the Bundestag and a continuous affiliation with the Federal Government by more than two years it is considered term of four years.
(2) Ruhegehaltfähig is the period of membership in the Federal Government, in a parliamentary State Secretary for a member of the Federal Government and a previous membership in a provincial government.
(3) the right to pension is suspended until the end of the month, in which 1 reached the age applicable to civil servants or 2 the pension request prematurely age claim is taken from age 60. The pension is completion of a term of Office of four years 27,74 per cent of the official salary and the location surcharge. It increases with each additional year in Office to 2,39167 per cent up to the maximum rate of 71,75 per cent. In the cases of the sentence 1 No. 2 decreases by 3.6 per cent for every year, to which the former member of the Federal Government in advance takes the pension before the end of the month in which it reaches the age applicable to civil servants, the pension. The reduction of the pension must not exceed 14.4 per cent.
(3a) a former member of the Federal Government, which does not meet the requirement of paragraph 1, will be insured after request in by analogy with application of the rules of the sixth book the social law on the insurance for the duration of his term. This shall not apply if and insofar as the term in a public insurance plan or a supply service code principles is considered or is taken into account.
(4) a time appointed a Parliamentary Secretary of State at a member of the Federal Government before December 15, 1972 in paragraphs 1 and 2 is not considered in the application. In the calculation of the term pursuant to paragraph 1 and paragraph 3 sentence 2 a rest of more than two hundred dreiundsiebzig days is regarded as full year in Office.
(5) a member of the Federal Government in the performance of his duties or in connection with its administration through no fault of his suffered an impairment to health, affecting all the time and so much his labour, after termination of the Office to take over his previous occupation or one being their equivalent employment no longer in the position, it also without the existence of the conditions laid down in paragraph 1 for life receives pension amounting to at least twenty-nine per cent of the official salary and the location surcharge. The Federal Government determines whether the requirements are met.

Section 16 (1) the surviving dependants of a member of the Federal Government receive survivor's pension (§ 13 para 2). Article 15, paragraph 1 does not apply to the supply of the bereaved of a member of the Federal Government; a pension in the amount of at least thirty-five per cent of the official salary and the location surcharge is determining their supply base. Sentence 1 shall apply to the survivors of a former member of the Federal Government, which had a claim on pension at the time of his death.
(2) section 16a (1) receive a bridging allowance in the amount of the salary of the Office and of the local bid the relatives of a member of the Federal Government. The bridging allowance is the she'il make.5 past the content of Office and of the local bid for a term of at least four years. Survivors are not present, the bridging allowance is granted other persons who contributed to the cost of the last illness or the funeral, up to the amount of their expenses.
(2) the same applies when the death of a former member of the Federal Government that meets the conditions of § 15 para 1 sentence 1 and receives no pension yet.
(3) the survivors of a former member of the Federal Government, which at the time his death transition money moved into, without entitlement to pension, get a bridging allowance in the amount of one and a Halffold transitional in the month of death, as well as for the rest of the duration of the transitional allowance for widows and orphan's pension; the widow's and orphan's pension is calculated from the transition money § 14 para 3 No. 2.
(4) where bridging allowance to the paragraphs 1 to 3 paid, services account for after the supply legal rules applying to federal officials on the occasion of the death.

Article 17 (1) a member of the Federal Government is injured by a service accident, so is granted him and his survivors of accident compensation.
(2) in case of doubt a participation of events made out of political considerations, accidents occasion considered service accidents.
(3) the accident compensation is 1 in a healing process for the injured, 2nd in a pension if the Member of the Federal Government has been unable to work and his official relationship ends, 3rd in a survivor's pension if the Member of the Federal Government as a result of the accident has died.

Article 18 (1) is a civil servant or judge of the Federal Government appointed as member of the Federal Government, so he leaves with the start of the official relationship (§ 2 para 2) from his duties as a civil servant or judge from. The rights established in the employment relationship and obligations with the exception of the obligation to maintain official secrecy and the ban on the acceptance of rewards or gifts to rest for the duration of the membership. The claim on the healing process remains unaffected at accident injured officials or judges.
(2) the Office as a member of the Federal Government, ends occurs the officials or judges, if not within three months with his consent, another Office is transferred him with this deadline from the employment as a civil servant or judge to retire and receive the pension he he used in his previous post on adding the term as a member of the Federal Government would have.
(3) which shall apply paragraphs 1 and 2 for the officials appointed by members of the Federal Government or a country, a church (Community Association) judges or an other corporation, institution or Foundation under public law. The pension is taken over by the Federal Government. The same applies for the survivor's covers.
(4) a member of a provincial government because of the assumption of the Office as a member of the Federal Government (section 4) is eliminated and a supply are entitled to from his official relationship as a member of a provincial government him, they applied by the Federal Government.

Article 19 refers to a member of the Federal Government for a period of time for the emoluments (article 11) are payable, income from the use of the public service, so rests the claim on this income up to the amount of the emoluments.

Section 20 (1) a pension or a pension similar supply be entitled to a member or a former member of the Federal Government on the basis of a previous employment as a civil servant or judge or previous official relationship as State Minister (§ 18 para 4), so this claim for a period of time for the salaries (§ 11), severance or pension from the official relationship (sections 14, 15, 17) are to pay rests , up to the amount of this remuneration.
(2) is a former member of the Federal Government, which refers to severance or pension from the official relationship, is reused in the public service, so it gets these references only to the extent, as the income from the use of behind the transitional allowance standing for the same period or pension falls short. The same applies for a pension or a pension similar supply due to reuse.
(2a) pension is granted in addition to employment and unearned income, that is not considered under paragraph 2, or in addition to pensions amounting to only arising by analogy with application of sections 53 and 55 of the officials supply Act. Article 55 of the officials supply Act is to apply subject to the proviso that the maximum limit according to § 55 para 2 sentence 1 No. 1 of the officials supply Act is replaced a pension according to § 15 para 3 sentence 3 If, taking into account the maximum rate; section 21a paragraph 5 sentence 1 of the act as well as section 69e subsection 3 sentence 3 of the officials supply Act shall apply mutatis mutandis. On the transitional allowance according to § 14, § 55 is to apply the officials supply Act from the second month with the proviso, that takes the place of the upper limit of § 55 para 2 sentence 1 the respective amount according to § 14 para 3 sentence 1 or the amount resulting after application of § 14 para 2 sentence 2 No. 1 of the officials supply Act. The May 1 and 2 resulting Ruhensbetrag after applying the rates together with the capital charge according to § 14 para 6 and not exceed the Ruhensbetrag pursuant to sentence 3 the activities to be taken into account pursuant to sentence 1. Sentences 1 to 4 shall apply only to supply cases, which is based on a public official relationship substantiated after November 21, 2005.
(3) paragraphs 1 and 2a application visit the bereaved (section 16). Sentence 2 of the officials supply Act shall apply mutatis mutandis to article 54, paragraph 3 and paragraph 4.
(4) paragraph for a former member of the Federal Government or his survivors applies 160b of the federal civil servants Act including the transitional provisions implementing.
(5) (lapsed) footnote section 20 para 4 italics: go on. by article 92, paragraph 1 No. 5 G v. 24.8.1976 I 2485 mWv 1.1.1977. CF. now article 56 iVm § 90 officials act 2030-25 § 21 (1) the provisions of this Act are on the former members of the Board of Directors of the United economic area (the Chairman of the Board of Directors and the directors of the administrations) mutatis mutandis.
(2) is a former member of the Board of Directors of the United economic area in the aftermath of the appointed to his term as a member of the Federal Government, the Office hours apply as a member of the Board of Directors and as a member of the Federal Government within the meaning of § 15 para 1 to 4 as a single term.
(3) this Act is on the members of the Council of Ministers of the former German Democratic Republic, who listened to this in the period from April 12, 1990, to apply with the following stipulations: the pension is granted by the end of the month in which the former member of the Council of Ministers has completed their 55th year,. It is for the period of membership of the Council of Ministers in the period from April 12, 1990 for 1 the Prime Minister of five per cent of the official salary and Chancellor, 2nd place award the Minister five per cent of the official salary and the location surcharge of a Federal Minister pursuant to section 11 in connection with the law on the adjustment of official salary and local allowance of the members of the Federal Government and the Parliamentary State Secretaries. § 20 para 2a is to be applied only with regard to the taking into account of pensions. Pensions are granted from November 1, 2008. The sentences 1 to 5 do not apply if the beneficial owner or the one from which he derives his authority, has violated the principles of humanity and the rule of law or serious extent abused the position to the benefit or detriment of others.
(4) for former members of the Government, who meet the requirements of paragraph 3, the time of the membership of the Council of Ministers is considered full year in Office.

section 21a (1) the legal relationships of existing on January 1, 1992, former members of the Federal Government, as well as the survivors of a former member of the Federal Government regulate the force until 31 December 1991 law with the following stipulations: 1. § 20 paragraph 5 in the before 29 October 2008 applied as in force shall apply. This does not apply as long as one continues on 31 December 1991 on employment existing this time, or a former member of the Federal Government.
2. the legal relations of the survivors of a former member of the Federal Government, which died after December 31, 1991, rules according to the regulations from January 1, 1992, but on the basis of the previous allowance.
(2) an official contract on the 31 December 1991, continues, and this time a membership in the Federal Government including a period in the Office of Parliamentary Secretary of State at a member of the Federal Government at least two years passed, apply article 15 par. 3 in the version applicable up to 31 December 1991.
(3) a former member of the Federal Government is again after 31 December 1991 Member of the Federal Government that remains based percentage maintained the earlier pension pursuant to paragraph 1 or paragraph 2, if the percentage for the new pension behind the percentage for the previous pension falls short.
(4) has the official ratio as a member of the Federal Government before the entry into force of the second act to amend the Federal Minister Act of 5 December 1997 (Federal Law Gazette I p. 2851) ended, § 14 as amended by force until that date shall apply.
(5) for care cases, where the conditions of § 15 para 1 prior to the entry into force of the eighth on December 31, 2002 following adjustment of pensions from the grade B 11 occurred according to article 70 of the officials supply Act, paragraphs 1 to 3 is without prejudice to article 15, paragraph 3, sentence 1 and 2 in the version applicable up to 31 December 2002. section 69, paragraph 3, sentence 1 and 5 and paragraph 4 of the officials supply Act shall apply accordingly; This does not apply tenure achieved and laid down in article 15, paragraph 5, sentence 1, the minimum salary rate peace as well as the rest content rate laid down in article 21, para. 3 and the pension is then calculated for the in accordance with § 15 para 3 sentence 2 after four years. On the legal relationships of those former members of the Federal Government, whose term ended before 23 November 2005 and which again are members of the Federal Government then become, § 14 para 2, § 15 and § 20 paragraph 5 as amended prior to October 29, 2008 shall apply. On the legal relationships of those former members of the Federal Government, which have heard of the Federal Government in periods before as well as after 22 November 2005 article 15 as amended before the 29 October 2008 is to apply; This office hours and Office conditions are not considered until the end of the month in which they reach the age for civil servants, after November 22, 2005. Sentence 4 shall not apply if on November 22, 2005, a claim on pension was not given under this Act.

Section 22 of the Federal Minister of the Interior is authorized to adopt the regulations necessary for the implementation of this Act.

23. this law applies in accordance with § 13 ABS. 1 of the third of transfer Act of January 4, 1952 (Bundesgesetzbl. § I p. 1) also in the Federal State of Berlin.

Section 24 (1) this Act with effect from September 20, 1949, section 11 but only from April 1, 1953 into force.
(2) for the period prior to April 1, 1953, it remains for the payments.