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

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

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The Law on the Legal Conditions of the Members of the Federal Government (Bundesministergesetz-BMinG)

Non-official table of contents

BMinG

Date of departure: 17.06.1953

Full quote:

" Federal Ministers Act in the version of the notice of 27. July 1971 (BGBl. 1166), as last amended by Article 1 of the Law of 17. July 2015 (BGBl. I p. 1322) is changed "

:The new version by Bek. v. 27.7.1971 I 1166;
last modified by Art. 1 G v. 17.7.2015 I 1322

For details, see the Notes

Footnote

(+ + + text evidence application: 1.11.1977 + + +) menu

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

§ 1

The members of the Federal Government are in accordance with this Act to the Federal Government in a public service relationship. Non-official 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 shall be excluded.(2) The term of office shall begin with the handing out of the document or, if the oath has been made in advance (§ 3), with the insult.(3) In the document for the Federal Ministers, the transferred business branch shall be indicated. Non-official table of contents

§ 3

The members of the Federal Government, when taking over their office before the Bundestag, do the same in Article 56 of the German Bundestag. The Eid provided for in the Basic Law. Non-official table of contents

§ 4

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

§ 5

(1) The members of the federal government are not allowed to hold any other loftiy office, no business or any other Exercise profession. 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 for remuneration or issue out-of-court opinions. The Bundestag may allow exceptions to the prohibition of membership of a supervisory board or 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 shall inform the Federal Government of any gifts they receive in respect of their duties. The Federal Government decides on the use of the gifts. Non-official table of contents

§ 6

(1) The members of the Federal Government are obligated, even after the termination of their term of office, to use the to maintain secrecy of affairs that have been officially announced. This shall not apply to communications in the field of service or to facts which are obvious or which do not require secrecy in their importance.(2) The members of the Federal Government, even if they are no longer in office, may not give a court or out-of-court statements or statements on such matters without the approval of the Federal Government.(3) Unaffected remains the legally justified obligation to indicate criminal offences and to enter into a threat to the free democratic basic order for their conservation. Non-official table of contents

§ 6a

(1) Members of the Federal Government who intend to withdraw from the The Federal Government shall notify the Federal Government in writing of any activity or other employment outside the public service. The first sentence shall apply to former members of the Federal Government.(2) The notification obligation arises as soon as a member or former member of the Federal Government begins preparations for the admission of a job or an employment is promised to him. 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. Non-official table of contents

§ 6b

(1) The Federal Government may take up gainful employment or other employment for the period of the first 18 months after prohibit the withdrawal from office, in whole or in part, to the extent that it is to be concerned that public interests are adversely affected by employment. In particular, an impairment can be assumed if the desired employment
1.
is to be carried out in matters or areas in which the former member of the federal government during his term of office, or
2.
adversely affecting the public's trust in the integrity of the federal government
The submission must be justified.(2) A subsac shall normally not exceed a period of one year. In cases where public interests would be seriously compromised, it may be possible to subsade for a period of up to 18 months.(3) The Federal Government shall take its decision on the recommendation of a consultative body consisting of three members. 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. Non-official table of contents

§ 6c

(1) The members of the advisory body are to perform functions at the top of state or social Institutions have experienced or have gained 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 acting on a voluntary basis.(2) The members of the advisory body shall, even after their departure, be obliged to secrecy on matters which have become known to them on or on occasion of their activities.(3) The members of the advisory body shall receive a flat-rate compensation as well as reimbursement of their travel expenses. These are fixed 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 activities until new members have been appointed in accordance with the second sentence of paragraph 1. Revocations are permitted.(5) In order to carry out its task, the advisory body shall make available the necessary staff and the necessary equipment. Unofficial table of contents

§ 6d

If the admission of an employment or other employment is prohibited in accordance with the first sentence of § 6b (1), the following shall be prohibited: the transitional allowance shall be granted for the duration of the submission, provided that no further claim is made from the first sentence of Article 14 (2). Non-official table of contents

§ 7

(1) The permission to testify as a witness is only to be denied if the statement is the benefit of the federal government or of a Germany's country would be detrimental or seriously jeopardise the performance of public tasks, or would make it difficult to carry out public tasks.(2) The authorisation 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 in the version of the Notice of 3. February 1971 (Bundesgesetzbl. 105) shall remain unaffected. Non-official table of contents

§ 8

A disciplinary procedure against members of the federal government does not take place. Non-official 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 gives it under Article 67 of the Basic Law Suspicions pronounced,
2.
with the gathering of a new Bundestag,
3.
with
() 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. Non-official table of contents

§ 10

In the event of termination of the duties of the members of the federal government, the provisions of § 2 (1) corresponding application. A dismissal shall be effective with the handout of the certificate; the suspension may be replaced by official publication. Non-official table of contents

§ 11

(1) The members of the federal government shall 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 official references:
a)
Official salary, and 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 equal to one-third of the location surcharge due to grade B 11,
c)
a service allowance, and the chancellor of

24,000 DM,
Federal Ministers of annual7,200 DM
d)
in the event of impossibility of relocation of your own house after the seat of the Federal Government for the duration Its continuation to the previous place of residence is a compensation of

3,600 DM.

Pay-as-you-go pay is paid monthly in advance.(2) In the same period, the terms of office shall be granted only once. If the references are not the same, the higher references are to be found.(3) If a member of the Federal Government is requested under Article 69 (3) of the Basic Law to continue doing business, the terms of office shall be continued until the end of the calendar month in which the management ends.(4) § 83a of the Federal Civil Service Act, including the transitional provisions and § 87a of the Federal Officials Act, are to be applied accordingly.

Footnote

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

§ 12

(1) The Federal Chancellor is entitled to an official apartment 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 is not included in this.(3) Compensation shall be granted to the members of the Federal Government for the recompense which is 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 Federal Minister of the Interior shall, after the President of the Federal Court of Auditors, report the other provisions on official housing, repayment of expenses, subsistences and compensation for travel expenses.(6) Members of the Federal Government and the recipient of the care pursuant to this Act shall, in so far as there is no claim pursuant to Section 27 of the Act on Members of the European Parliament, receive aid in the appropriate application of the rules applicable to federal officials. Non-official table of contents

§ 13

(1) The members of the federal government and their survivors receive after the termination of the term of office. Supply under the regulations of § § 14 to 17.(2) Unless otherwise specified, the provisions applicable to the federal civil servants are to be applied in accordance with the provisions of the law. Non-official table of contents

§ 14

(1) A former member of the federal government receives from the time when his or her official references stop, Transitional allowance.(2) The transitional allowance shall be paid for the same number of months for which the beneficiary has received, without interruption, as a member of the Federal Government, 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 retirement pension are applied to other provisions on accounting and rest periods.(3) As a transitional allowance,
1.
shall be granted for the first three months the official salary and the local surcharge in full height,
2.
for the rest of the reference period, half of these references.
The transitional allowance is paid monthly in advance.(4) In the case of a number of interrupted periods of office of a member of the Federal Government, the transitional allowance shall be calculated 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 last office was higher than the former office.(5) Paragraphs 2 and 4 shall apply 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. A time in the office of a Parliamentary State Secretary before the 15. No account shall be taken of December 1972.(6) From the second month onwards, all income from a private occupation shall be credited to the transitional allowance remaining after the application of other rules on the settlement and rest of the period of rest. Non-official table of contents

§ 15

(1) A former member of the federal government is entitled to claim from the date when the terms of office cede to be on a pension if it has been a member of the Federal Government for at least four years; a period in the office of a Parliamentary State Secretary to a member of the Federal Government, as well as periods of prior membership of a Land Government, which have not been given any entitlement 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 four years.(2) The period of membership of the Federal Government, in the office of a Parliamentary State Secretary to a member of the Federal Government and a previous membership of a Land Government, is the period of membership of the Federal Government.(3) The entitlement to a retirement pension shall be based on the date of the end of the month in which
1.
shall apply to officials. Rule age limit reached or
2.
the rest content on request prematurely from completion of the 60. Life year is taken
. 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 rule-age limit applicable to civil servants, 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 of the Social Code relating to post-insurance for the duration of his term of office Reassurances. This shall not apply if and to the extent that the term of office is or is taken into account in a public insurance policy or in a supply according to the principles of the service law.(4) A time in the office of a Parliamentary State Secretary to a member of the Federal Government before the 15. No account shall be taken of the application of paragraphs 1 and 2 in December 1972. 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, in the performance of his duties or in connection with his administration, a Member of the Federal Government has, without his or her fault, suffered a damage to the health of his or her work, which is permanently and so significantly affected by his or her working power that it shall be In the absence of the conditions referred to in paragraph 1, the termination of the term of office for the take-over of his former activity or of an employment equivalent to that of his or her former activity shall also be subject to the existence of a life-long pension in the amount of at least twenty-nine of the hundred of the official salary and of the local surcharge. The Federal Government shall determine whether the conditions are met. Non-official table of contents

§ 16

(1) The survivors of a member of the federal government are provided with survivor's care (§ 13 para. 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) Non-official table of contents

§ 16a

(1) The survivors of a member of the Federal Government shall receive a bridging allowance equal to the amount of the The official salary and the local surname. 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 of the Federal Government, which fulfils the conditions set out in Article 15 (1) sentence 1 and does not yet receive a retirement pension.(3) The survivors of a former member of the Federal Government, who at the time of his death referred to the transitional allowance without being entitled to a pension, shall receive a bridging allowance equal to one and a half times the transitional allowance in the month of the death. as well as for the remainder of the period of reference of the transitional allowance for widows and orphans; the allowance for widows and orphans shall be calculated from the transitional allowance in accordance with section 14 (3) (2).(4) Where a bridging allowance is paid in accordance with paragraphs 1 to 3, benefits shall be eliminated in accordance with the provisions of the pension law applicable to the federal civil servants on the occasion of death. Non-official table of contents

§ 17

(1) If a member of the Federal Government is injured by a service accident, he and his survivors shall be Accident prevention.(2) Accidents resulting from a political review of participation in events are in doubt as a service accident.(3) The accident prevention consists of
1.
in a healing process for the injured person,
2.
in a retirement pension if the member of the federal government has become incapacitated and ends with his/her term of office,
3.
in a survivor's supply if the member of the federal government is deceased as a result of the accident.
Non-official table of contents

§ 18

(1) If an official or judge of the federal government is appointed a member of the federal government, he will leave the office at the beginning of his/her term of office (§ 2 para. 2) his office as a civil servant or a judge. For the duration of membership, the rights and obligations laid down 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 officers or judges who are injured, the claim 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 is not assigned to another office within three months with his consent, shall, on the expiry of that period, be appointed as a civil servant. or judge retiring and receive the retirement pension that he would have served in his former post as a member of the federal government.(3) Paragraphs 1 and 2 shall apply mutatily to the officials or judges appointed to the members of the federal government, to a municipality (municipal association) or to 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 pay.(4) If a member of a federal state government is responsible for taking over the office as a member of the federal government (§ 4) and if he is entitled to receive a pension from his/her duties as a member of a national government, he/she shall be appointed by the federal government. . Non-official table of contents

§ 19

refers to a member of the federal government for a period of time for which pay is to be paid (§ 11), an income from a use in the civil service, the right to this income shall be based up to the amount of the remuneration. Non-official table of contents

§ 20

(1) Is a member or a former member of the federal government due to an earlier In the case of an official or a judge or a former term of office as Minister of State (Section 18 (4)), a right to a pension or a pension-related pension is to be paid for a period of time for which the remuneration of the official or the other (§ 11), transitional allowance or retirement pension from the official relationship (§ § 14, 15, 17) are to be paid, up to the amount of the amount of these references.(2) If a former member of the Federal Government, which relates to the transitional allowance or pension from the official relationship, is re-used in the public service, it shall receive these references only in so far as the income from the use behind the for the same period of transitional allowance or retirement pension. 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 granted 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 resulting from the application of the provisions of Sections 53 and 55 of the Staff Pension Act. § 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 § 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 according to § 14 is to be applied from the second month on the basis of section 55 of the civil service law with the proviso that the respective amount in accordance with section 14 (3) of § 55 (2) sentence 1 (1) of the Civil Service Act (BeamtenSupply Act) shall be replaced by the provision of the official pension scheme. 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 rates 1 to 4 shall apply only to cases of supply to which a post-21 is applied. It is based on a public-law relationship based on the principles of public law.(3) The provisions of paragraphs 1 to 2a shall apply to the survivors (§ 16). Section 54 (3) and (4), second sentence, of the Staff Regulations of Officials shall apply mutatily.(4) In the case of a former member of the Federal Government or his survivors, § 160b of the Federal Officials Act, including the transitional provisions passed thereto, shall apply mutadenly.(5) (omitted)

footnote

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

§ 21

(1) The provisions of this The law applies to 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).(2) If a former member of the Administrative Board of the United Economic Area has been appointed as a member of the Federal Government immediately after his term of office, the terms of office shall be deemed to be a member of the Board of Directors and as a Member of the Federal Government within the meaning of Section 15 (1) to (4) as a single term of office.(3) This Act is applicable to the members of the Council of Ministers of the former German Democratic Republic, which shall be the members of the Council of Ministers of the former German Democratic Republic in the period from The following measures shall apply:
The retirement pension shall be from the end of the month in which the former member of the Council of Ministers shall be the 55. Year of life has been completed. It shall be for the period of membership of the Council of Ministers in the period from the date of the 12. April 1990 for
1.
the Prime Minister five of the hundred of the official salary and the local surcharge of the Federal chancellors,
2.
the ministers 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. § 20 (2a) shall apply only in respect of the consideration of pensions. Pensions will be available on request from 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 Disadvantage of others has been abused.(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 shall be considered as the full year of the year. Non-official table of contents

§ 21a

(1) The legal relationships of the 1. In January 1992, former members of the federal government and the survivors of a former member of the federal government were able to settle for the period up to 31 December. The following measures are applicable in December 1991:
1.
§ 20 para. 5 in the prior to the 29. The current version of the Directive is applicable. This does not apply as long as one on the 31. 2.
The legal relationships of the former member of the Federal Government.
2.
The legal relationships of the former member of the Federal Government. Survivors of a former member of the federal government, according to the 31. In December 1991, the following rules have been passed since 1 December 1991. (2) Consists of 31 January 1992, but on the basis of the previous rest.
(2) On that date, it has been a member of the Federal Government, including a period in the office of Parliamentary State Secretary to a member of the Federal Government for a total of at least two years, § 15 (3) applies in the up to 31. The text is in force in December 1991.(3) Will be a former member of the Federal Government after the 31. Member of the Federal Government, the percentage of the former pension shall be maintained in accordance with the provisions of paragraph 1 or 2 of the previous pension, if the percentage of the new pension is less than the percentage of the previous pension will be left behind.(4) Has the duties as a member of the Federal Government prior to the entry into force of the Second Law amending the Federal Minister of Ministers 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 to the 31. In December 2002, the following adjustment of pensions from grade B 11 pursuant to § 70 of the Staff Regulations of Officials has occurred, without prejudice to paragraphs 1 to 3, section 15, subsection 3, sentence 1 and 2, in which up to the 31. The text is in force in 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). On the legal relationships of former members of the federal government, whose term of office is before the 23. Article 14 (2), § 15 and Section 20 (5) of the German Federal Government's 29 November 2005 have ended in November 2005 and have not yet become members of the Federal Government. October 2008. To the legal relationships of those former members of the federal government, which the federal government has in time periods both before and after the 22. In November 2005, § 15 is a member of the European Parliament. The Commission shall, by the end of the month in which they reach the rule-age limit applicable to officials, apply the terms of office and the terms of office of 22 October 2008 in force until the end of the month. It was not taken into account in November 2005 Sentence 4 shall not apply if: 22. A right to a retirement pension under this law was not given in November 2005. Non-official table of contents

§ 22

The Federal Minister of the Interior is authorized to take the necessary steps to implement this law. Administrative provisions. Non-official table of contents

§ 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. Non-official table of contents

§ 24

(1) This law occurs with effect from the 20. September 1949, § 11, however, first of all 1. April 1953, in force.(2) For the period before the 1. It remains in the payments made in April 1953.