Regulation on an advance for civil servants in the case of the use of family-care periods (officials-care-time advance-regulation-BPflZV)

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BPflZV

Date of completion: 18.07.2013

Full quote:

" 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).

Status:

Amended by Art. 9 (1) G v. 6.3.2015 I 250

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 27.7.2013 + + +) 

  

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Input formula

Pursuant to Section 7 (2) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), which is based on Article 2 (2) of the Law of 3 July 2013 (BGBl. I p. 1978), the Federal Government is responsible for: Unofficial table of contents

§ 1 advance

(1) The advance pursuant to Section 7 (1) sentence 1 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) shall be granted monthly. (2) The advance shall be 50 percent of the difference between

1.

the remuneration to be awarded to the official or to the official before the start of the care period; and

2.

the salaries on average during the care phase.

3 per cent of the advance is deducted from the payment. (3) If a larger working time period is granted for the post-care period than before the start of the nursing phase, the remuneration from the larger working time range shall also be considered as (4) In the calculation of the advance, no account shall be taken of the following:

1.

Deductions which are not subject to the proportionate reduction in accordance with § 6 (1) of the Federal Law on Pay,

2.

tax-free covers and

3.

Surcharges, allowances, allowances, grants and other remuneration not paid on a regular basis or not in fixed monthly amounts.

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§ 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 ends on the previous day of the month in which the official or the official dies or is retired due to invalidity (§ § 44 and 49 of the Federal Officials Act). The offsetting begins again when the official is appointed to the civil servant relationship again (Section 46 of the Federal Civil Service Act). Unofficial table of contents

§ 3 Repayment at the end of the civil service

If the civil servant's relationship ends in accordance with Section 30 (1) (1) to (3) of the Federal Civil Service Act, the amount outstanding shall be repaid in a sum until the end of the month following the end of the end of the month. Unofficial table of contents

§ 4 Hardship Regulation

(1) At the request of the official or the official, in the case of offsetting, the department shall set lower than the monthly amounts resulting from the first sentence of Article 2 (1), or, in the case of repayment, grant monthly instalments if this is to be avoided of a particular hardship; and

1.

the official or the official after the revocation of the family care period is employed with less than 75% of the working time originally granted for the post-maintenance period,

2.

the official or the official in the post-care period is employed with less than 75 per cent of the working time originally granted for the post-care period,

3.

the official shall be capable of limited service (Section 45 of the Federal Civil Service Act),

4.

the official or the official shall be granted leave of absence on the basis of the remuneration, or

5.

the civil servant's relationship ends in accordance with Section 30 (1) of the Federal Civil Service Act.

A particular hardship is in particular present if the care requirement persists beyond the care phase, so that it is not possible for the official or the official to comply with the scope of employment approved for the post-care period. A particular hardship is also available 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 in the post-care period. 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, including in the event of retirement or remission. Unofficial table of contents

§ 5 Entry into force

This Regulation shall enter into force on the day following the date of delivery.