Regulation On An Advance For Civil Servants And Officials For The Use Of Family Care Time

Original Language Title: Verordnung über einen Vorschuss für Beamtinnen und Beamte bei Inanspruchnahme von Familienpflegezeit

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Read the untranslated law here: http://www.gesetze-im-internet.de/bpflzv/BJNR257300013.html

Regulation on an advance for civil servants and officials for the use of family care time (officials-care time advance regulation - BPflZV) BPflZV Ausfertigung date: 18.07.2013 full quotation: "officials care time advance regulation from 18 July 2013 (BGBl. I p. 2573), by article 9 paragraph 1 of the law of March 6, 2015 (BGBl. I S. 250) has been changed" stand: as amended by article 9 paragraph 1 G v. 6.3.2015 I 250 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 27.7.2013 +++) input formula on the basis of article 7 paragraph 2 of the federal pay law, by article 2 paragraph 2 of the law of 3 July 2013 (BGBl. I S. 1978) is been inserted, decreed the Federal Government: § 1 advance (1) the advance payment according to § 7 paragraph 1 sentence 1 of the federal pay law is monthly grants.
(2) the advance payment is 50 percent of the difference between 1 the reimbursement to which the officer or the officer before the start of the maintenance phase, and 2. reimbursement, which on average are to him or her during the maintenance phase.
3 percent of the advance will be deducted when the withdrawal.
(3) shall be granted for the maintenance phase a larger time range as it exists prior to the maintenance phase, apply the remuneration from the greater working time extent as those emoluments which the officer or the officer before the start of the maintenance period.
(4) in the calculation of the advance shall be disregarded: 1 references which are not proportionate reduction according to article 6, paragraph 1, of the federal salaries Act, 2. tax-free withdrawals and 3 supplements, allowances, allowances, grants and other remuneration fixed monthly amounts granted do not regularly or not.

§ Transfer (1) which is advance during the post care phase in equal monthly amounts with ongoing reimbursement to offset 2. This also applies in the event that the approval of the family care time is revoked. The advance is to charge even in retirement.
(2) the settlement ends on the day of the month in which the officer or the officer dies or invalidity into retirement will be placed (sections 44 and 49 of the federal civil servants Act). The transfer starts, when the officer or the officer again in the civil servant will be appointed (section 46 of the federal civil servants Act).

Section 3 repayment at termination of the officials end the duties according to § 30 paragraph 1 number 1 to 3 of the federal civil servants Act, is the outstanding amount until the end of the month following the month of completion in one lump sum to repay.

§ 4 hardship scheme (1) on application by the officer or official should the services in the case of that settlement as which become lodged resulting monthly amounts from section 2, paragraph 1, sentence 1 or in the case of repayment grant monthly installments, if this is necessary to avoid a particular hardness and the officer or the officer after the revocation of the family care time with less than 75 percent of the work time employs 1 is lower , originally for the post care phase was been granted, 2. the officer or the officer in the maintenance phase with less than 75 percent of the work time is busy, which was been granted originally for the post care phase, 3. the official or the official (article 45 of the federal civil servants Act) is limited when, 4. the officer or the officer under loss of remuneration will be on leave or 5 ends the duties according to article 30, paragraph 1, of the federal civil servants Act.
A special hardship exists in particular if persists beyond the maintenance phase of care needs, so that it cannot be expected to the officer or the officer is to comply with the employment size approved for the post care phase. A special hardness is also the official or the official because without financial burdens have temporarily is in serious financial difficulties if it is likely that he or she enters through the settlement or repayment of the advance in the form intended for the maintenance phase such difficulties. Decisions require the agreement of the Supreme authority of the service pursuant to sentence 1.
(2) the deposit is to charge completely even in the cases of paragraph 1 or to pay back. In the cases of paragraph 1 set at least 5 percent of the monthly remuneration 1 number 1 to 3 are to retain; This also applies to admission or retirement.

Article 5 entry into force this regulation enter into force on the day after the announcement.