Ordinance on the secondary activities of federal civil servants, professional soldiers and soldiers on time (Bundesnebentätigkeitsverordnung-BNV)

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BNV

Date of completion: 22.04.1964

Full quote:

" Bundesnebentätigkeitsverordnung (Bundesnebentätigkeitsverordnung) in the version of the notice dated 12 November 1987 (BGBl. 2377), as last amended by Article 15 (21) of the Law of 5 February 2009 (BGBl I). 160) has been amended "

Status:	New by Bek. v. 12.11.1987 I 2377;
	Last amended by Art. 15 para. 21 G v. 5.2.2009 I 160

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.7.1978 + + +) 

  

First section
Exercise of secondary activities

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§ 1 (omitted)

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§ 2 Secondary activity in the civil service

(1) Secondary activities in the public service are each for the federal government, a country or other corporate bodies, institutions or foundations of public law in the federal territory (including the Land Berlin) or for associations of such (2) A secondary activity in the public service shall be equal to a secondary activity for the purpose of public service.

1.

Associations, institutions or undertakings whose capital (basic or stock capital) is either directly or indirectly wholly or predominantly public or which is continuously or primarily entertained by public funds ,

2.

interstate or national bodies in which a legal person or an association within the meaning of paragraph 1 (1) is involved in the payment of contributions or grants or in any other way,

3.

natural or legal persons who are responsible for the protection of the interests of a legal person or of an association within the meaning of the first subparagraph of paragraph 1.

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§ 3 Admissibility of secondary activities in the Federal Service

Tasks which are carried out for the federal or federal authorities, institutions or foundations of public law are to be categorised in principle in a main office. They should not be admitted as a secondary activity if they are related to the main office. Unofficial table of contents

§ 4 Compensation

(1) Compensation for a secondary activity is any consideration in money or monetary value, even if there is no legal claim to it. (2) Remuneration within the meaning of paragraph 1 shall not apply.

1.

the replacement of travel expenses and daily allowances up to the amount of the travel allowance for officials at the highest travel cost level for the full calendar day, or, where the application of those rules is applicable, to grant a grant , up to the amount of the total amount; the same shall apply to overnight accommodation,

2.

the replacement of other cash outlays if no lump-sum payment is made.

(3) Flat-rate expenses are to be regarded as remuneration in full, in respect of days and accommodation expenses in so far as they exceed the amounts referred to in paragraph 2 (1). Unofficial table of contents

§ 5 General grant, revocation of authorisation

(1) The authorisation required for the acquisition of one or more ancingoccupations in respect of remuneration shall be deemed to have been granted in general if, in total, the secondary occupations are small in scope, are carried out outside the period of service, and are not subject to any the legal reason for the failure to act. The scope of one or more additional activities shall be considered to be low if the remuneration does not exceed EUR 100 per month for this purpose, and the period in which one or more secondary activities are subject to one-fifth in the week. does not exceed the regular weekly working time. In such cases, the secondary employment shall be notified to the service staff, unless it is a one-off, occasional secondary employment. (2) A secondary employment which is deemed to have been approved shall be refused if it is carried out (3) If an authorisation is withdrawn, or if a secondary employment or secondary activity which is not subject to authorisation is prohibited, the official shall have a reasonable period of time for the settlement of the , as far as the interests of the service are to be found, . Unofficial table of contents

§ 6 Compensation for ancillary activities and delivery obligation

(1) In principle, remuneration is not granted for a secondary activity in the Federal Service (§ 3). Derogations may be granted for:

1.

peer-reviewed activities and writing activities,

2.

activities, the free exercise of which cannot be attributed to officials.

If the civil servant is relieved of the burden of the secondary activity, a remuneration may not be granted. (2) If remuneration is granted in accordance with the second sentence of paragraph 1, they shall not exceed the total of the calendar year
for officials in the grade Euro (gross amount)

A 1 to A 8	3.700
A 9 to A 12	4.300
A 13 to A 16, B 1, C 1, C 2 to C 3, R 1 and R 2	4.900
B 2 to B 5, C 4, R 3 to R 5	5.500
from B 6, from R 6	6.100.

Within the maximum amount, the remuneration shall be deducted according to the extent and importance of the secondary activity. With the exception of days and overnight stays, expenses may not be lent. (3) An official shall receive remuneration for one or more secondary activities in the Federal Service or for other secondary activities which he or she may have in the public or in his/her public service. on the basis of a standing service or on the request, proposal or initiative of his or her service superiors, he shall deliver it to his authority in the main office in so far as it does so for the activities carried out in a calendar year as referred to in paragraph 2 The gross amounts referred to in paragraph 1. Prior to the determination of the amount to be delivered, the expenses incurred in connection with the secondary activity are to be deducted from the remuneration for

1.

fare, as well as accommodation and catering, up to the amount of the amounts referred to in § 4 (2) (1),

2.

the use of facilities, staff or material of the Dienstherrn (including benefit sharing),

3.

Other assistance and self-procured materials.

(4) Remuneration within the meaning of paragraph 3 shall be extradited as soon as it exceeds the amount to be left to the official. (5) The obligations imposed by the Paragraphs 3 and 4 shall also apply to retired officials and former officials in so far as the remuneration is granted for secondary activities carried out before the termination of the civil service. Unofficial table of contents

§ 7 Exceptions to § 6

With the exception of the third sentence of paragraph 1, § 6 shall not apply to remuneration for:

1.

Teaching, teaching, lecture or audit activities,

2.

activities as a judicial or public prosecutor,

3.

activities in the field of scientific research,

4.

Expert opinions of physicians, dentists or veterinarians for insurance institutions or other legal persons under public law, as well as medical, dental or veterinary activities of these persons, for which the following: charges are to be charged,

5.

Activities carried out during a leave granted in the event of a loss of remuneration.

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Section 8 Accounting of remuneration from secondary activities

After the end of each calendar year, the officials shall submit to their service officer a statement of the remuneration received by them within the meaning of section 6 if the remuneration exceeds 500 euros (gross) in the calendar year. In the cases of Section 6 (5), retired civil servants and former officials are also required to do so.

Second section
Use of facilities, staff or material of the Dienstherrn

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§ 9 Approval requirement

(1) The official shall require the prior written authorisation of his or her supreme service authority or the authority entrusted by it if, in the course of the exercise of a secondary activity, he or she takes advantage of facilities, personnel or material of his/her dientherrn. (2) Facilities are the means, in particular the service rooms and their equipment, including apparatus and instruments, with the exception of libraries. Material are the consumable things and the energy. (3) On the occasion of the participation in the secondary activity, additional work, on-call duty or call-up may not be arranged, approved and remunerated. Agreements on private participation outside of the service period shall remain unaffected. (4) The authorisation may only be granted if there is a public or scientific interest in the exercise of secondary activity. The authorisation is revocable; it may be temporary. The approval certificate shall indicate the extent of the approved use. The authorisation may only be granted under the condition that a fee is paid for the use of facilities, personnel or material; § 10 para. 1 sentence 2 shall remain unaffected. Unofficial table of contents

§ 10 Principles for the assessment of pay

(1) The official shall be required to pay an appropriate fee for the use of facilities, personnel or material of the Dienstherrn. The payment of a fee can be waived

1.

in the case of a free-of-charge secondary activity,

2.

if the secondary activity is exercised at the request, proposal or instigation of the service superiors, or

3.

if the amount does not exceed 100 euros in the calendar year.

(2) The amount of the remuneration is based on the principles of cost recovery and benefit-sharing. (3) Several civil servants, staff or material of the Dientherrn are to be taken into account as the total debtor. The payment of the remuneration is committed. Unofficial table of contents

§ 11 General remuneration

(1) The remuneration outside the area regulated in § 12 shall be calculated in a flat-rate manner according to a percentage of the (gross) remuneration related to the anciseability. It is usually

5%	for the use of facilities,
10%	for the use of staff,
5%	for the consumption of material,
10%	for the economic advantage resulting from the use of facilities, personnel or material.

(2) In agreement with the Federal Minister of Finance, the supreme service authority may, by way of derogation from paragraph 1, apply fees and other general cost rates to the extent that they cover the costs incurred and compensate for advantages. The same shall apply to the supervisory authority of the institutions of the social security system, insofar as the competent minister has conferred this power on it. (3) If the secondary activity is exercised free of charge, without payment in accordance with § 10 para. 1 sentence 2 No 1, the amount of the remuneration shall be determined according to the value of the (4) It is shown that the charge calculated in accordance with the percentages referred to in paragraph 1 appears to be more than 25% lower than that calculated in the case of the is higher than the value of the claim, it shall, on its own account or at the request of the official, be based on the value of

1.

the pro-rata costs for the procurement, maintenance and management of the facilities used,

2.

the pro-rata costs of the personnel used, including staff costs and overhead costs,

3.

the procurement and proportionate administrative costs of the material;

4.

the economic advantage of the official through the provision of facilities, personnel or material (benefit sharing)

to be fixed. The official must provide proof within a period of three months after the payment has been fixed. The decision shall be taken by the supreme service authority. Unofficial table of contents

§ 12 remuneration for medical and dental secondary activities

(1) The fee (reimbursement and benefit sharing) for medical and dental secondary activities in hospitals and in the medical facilities of the Bundeswehr is to be paused, unless otherwise provided in paragraphs 2 and 3. is determined or approved. The amount of the remuneration for medical and dental secondary activities in other areas of activity is based on the general provisions of § 11. (2) The amount of the reimbursement shall be determined according to the provisions of the competent Minister for The supervisory authority may be entrusted with the regulatory powers of the supervisory authority, which shall comply with the principles of cost recovery. In so far as doctors or dentists are already reimbursed for the activities referred to in the first sentence of paragraph 1 under the legislation of the Federal Republic of Germany, a reimbursement of expenses corresponding to the principles of cost recovery shall be waived in accordance with the first sentence of the first sentence. (3) Compensation shall be equal to 20 of the hundred of the income received from the secondary activity in the calendar year to EUR 100 000 remaining to the official after deduction of the costs to be reimbured in accordance with paragraph 2 and 30 of the hundred from the Extra amount. In the case of an honorary waiver, a benefit balance is not payable. Unofficial table of contents

Section 13 Setting of the pay

(1) The fee to be paid shall be determined by the body responsible for the approval pursuant to section 9 (1) or by the body responsible for the calculation thereof after the end of use, but at least half-yearly. If the amount of the pay is to be overlooked at the time of approval, the fee shall be fixed at the same time as the permit. The fee is due for one month after the fixing, in the case of the sentence 2 one month after the end of the use, but at least half-yearly. (2) The official is obliged to end the use of the competent authority pursuant to § 9 para. 1 To notify immediately in writing. He shall keep the records necessary for the calculation of the remuneration and shall submit, with the evidence necessary for the purpose of the credibility, immediately after termination, at least half a year in the case of continuous use. These documents shall be kept for a period of five years from the date of the fixing of the remuneration.

Third Section
Scope, Berlink clause, Entry into force

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Section 14 applicable to professional soldiers and soldiers on time

This Regulation shall apply accordingly to professional soldiers and soldiers. Unofficial table of contents

§ 15 (omitted)

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§ 16

(Entry into force)