Regulation on an advance for civil servants in the case of the use of family-care periods (officials-care-time advance-ordinance-BPflZV)unofficial table of contents
date of issue: 18.07.2013
" Officials-Care-Time Advance Regulation of 18. July 2013 (BGBl. 2573), as defined by Article 9 (1) of the Law of 6. March 2015 (BGBl. I p. 250) has been amended "
|:||As amended by Art. 9 (1) G v. 6.3.2015 I 250|
(+ + + Text Evidence: 27.7.2013 + + +) Non-Official Table of Contents
Based on Section 7 (2) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), which is defined by Article 2 (2) of the Law of 3. July 2013 (BGBl. I p. 1978), the Federal Government decrees: Non-official table of contents
§ 1 Advance
(1) The advance pursuant to § 7 (1) sentence 1 of the Federal Law on Employment shall be granted on a monthly basis.(2) The advance shall be 50 per cent of the difference between
- the remuneration to be awarded to the official or to the official prior to the start of the care period, and
- the salaries on average during the maintenance phase.
3 percent of the advance will be deducted from the payout.(3) If a larger working time period is granted for the post-care period than before the start of the period of care, the remuneration from the greater working time shall also be considered to be the remuneration of the official or of the official before the beginning of the period of care. of the care phase.(4) In the case of the calculation of the advance, no account shall be taken of:
Non-official table of contents
- Betrains, which are not the pro-rata reduction in accordance with § 6 (1) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz). subject,
- Tax-free remuneration and
- allowances, allowances, allowances, grants and other references not granted on a regular basis or not in fixed monthly amounts.
§ 2 Invoice
(1) The advance is to be offset during the post-care period in equal monthly amounts with the current remuneration. This shall also apply in the event that the authorisation of the family care period is revoked. The advance is also to be offset in the event of a retirement.(2) The settlement shall end on the day before the month in which the official or the official dies or is retired due to invalidity (§ § 44 and 49 of the Federal Civil Service Act). The offsetting begins again when the official is appointed to the civil servant relationship again (Section 46 of the Federal Civil Service Act). Non-official table of contents
§ 3 Repayment at the termination of the civil service relationship
Ends the civil service ratio in accordance with § 30 (1) (1) to (3) of the Federal Officials Act, the amount outstanding is to be repaid in a sum up to the end of the month following the month of the end of the end of the month. Non-official table of contents
§ 4 Hardship case rule
(1) At the request of the official or the official, the department should lower the bill in the case of offsetting. shall be determined as the monthly amounts resulting from the first sentence of Article 2 (1) or, in the case of repayment, grant monthly instalments where this is necessary in order to avoid a special hardship and
- the official or the official after the revocation of the family care period is employed with less than 75 percent of the working time, which was originally approved for the post-care period ,
- the official or the official in the post-care period is employed with less than 75 percent of the working time originally approved for the post-maintenance period ,
- the official or the official will be capable of limited service (Section 45 of the Federal Civil Service Act),
- The official or the official is on leave of service or
- the official in accordance with Section 30 (1) of the Federal Civil Service Act.
A particular hardship is particularly hard if the nursing care period is extended beyond the care period, so that it is not to be expected of the official or the official who is responsible for the After-care period, the amount of employment approved. There is also a particular hardship if the official or the official is temporarily in serious payment difficulties due to undue financial charges, or if it is likely that he or she will be charged by the offsetting or Repayment of the advance in the form provided for the post-maintenance phase in such difficulties. Decisions in accordance with the first sentence shall be subject to the agreement of the supreme service authority.(2) The advance payment shall also be fully charged or repaid in the cases referred to in paragraph 1. In the cases referred to in the first sentence of paragraph 1 (1) (1) to (3), at least 5 per cent of the monthly salary shall be withheld; this shall also apply to retirement or remission. Non-official table of contents
§ 5 Entry into force
This Regulation enters into force the day after the announcement.