Federal Travel Act

Original Language Title: Bundesreisekostengesetz

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.gesetze-im-internet.de/brkg_2005/BJNR141810005.html

Federal travel Act (above-mentioned) above-mentioned Ausfertigung date: 26.05.2005 full quotation: "Federal travel Act of May 26, 2005 (BGBl. I S. 1418), most recently by article 3 of the law of 20 February 2013 (BGBl. I p. 285) has been changed" stand: last amended by art. 3 G v. 20.2.2013 I 285 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from: 1.9.2005 +++) the G was adopted as article 1 of the G v. 26.5.2005 I 1418 by the Bundestag. It according art. 18 set 1 of this G on the 1.9.2005 enter into force. § 16 enters into force on the review.

§ 1 scope (1) this Act regulates the type and extent of travel allowances of civil servants, officers, judges and judges of the Federal as well as the servicemen and women and the civil servants seconded to the Federal service, officials, judges and judges.
(2) the travel allowance includes 1 the travel and flight expenses (§ 4), 2nd distance compensation (§ 5), 3. the daily subsistence allowance (§ 6), 4. the accommodation allowance (§ 7), 5. the reimbursement of expenses for a prolonged stay at the business place (§ 8), 6 income and Pauschvergütung (section 9) as well as 7 other expenses (§ 10).

§ 2 missions (1) missions are travelling to the execution of service transactions outside the service area. You must, have been with the exception of business travel on the service or the place of residence, arranged in writing or electronically or approved, except that an order or approval comes after the Office of service travelers or the nature of the service business not taken into consideration. Missions should be carried only if they are necessary for official reasons. Missions are also traveling on the occasion of the transfer, secondment or commanding.
(2) the duration of the mission is determined according to the departure and arrival at the apartment, it was because the mission starts or ends at the service site.

Section 3 entitled to travel allowance (1) business travellers may request a remuneration of official initiated necessary travel expenses. The travel allowance will expire, if she not in writing or electronically is requested within a period of six months after the end of the mission. The competent authorities may require the production of the relevant cost documents until the expiry of six months after submitting. Presented these documents on request within a period of three months, the refund application may be refused to the extent.
(2) services, which get their office due to business by a third party on the occasion of a business trip, are attributable to the reimbursement of travel costs.
(3) in the case of missions for an ancillary activity exercised at the request of the competent authority, business travellers are only entitled to travel allowance, which is not to take over from elsewhere. This is true even if business travellers have renounced their claim against this place.

§ 4 travel and flight expenses (1) costs incurred for travel on land and water way with regular means of transport are reimbursed up to the amount of the lowest class of carriage. The incurred travel expenses of the next higher class will be reimbursed for car rides of at least two hours. A plane used for business or economic reasons, the cost of the lowest class of the flight will be refunded. Costs a higher class of scheduled means of transport can be refunded if official reasons in individual cases or generally require this.
(2) any concessionary travel are taken into account. Travel expenses will not be refunded if a free means of transportation can be used.
(3) the cost of the next higher class will be refunded with a degree of disability of at least 50 service travellers, where the cost of the lowest class of carriage refund would be for car rides.
(4) was used for good reason, a rental car or a taxi the necessary costs incurred will be reimbursed.

§ 5 transport for trips with other than paragraph 4 referred to distance compensation (1) is granted a distance compensation. When using a motor vehicle or other motor-driven vehicle is 20 cents per kilometre of travelled route, but not more than 130 euro. The Supreme Federal Authority may fix the maximum amount to 150 euros, if professional reasons in individual cases or generally require this.
(2) a considerable professional interest is the use of a car the way compensation is 30 cents per kilometre of travelled route. Significant official interest must be found prior to the Mission in the arrangement or authorisation in writing or electronically.
(3) business to the execution of service shops regularly use a bicycle distance compensation is granted in accordance with a general administrative provisions in accordance with section 16.
(4) a distance compensation is not granted service travelers if they 1 could use a means of transportation provided by the employer free of charge or 2 from other travellers of service of the Federation or a different employer in a car were taken.

§ 6 per diem (1) as replacement of additional expenses for meals business leads to a daily allowance. The height of the n is calculated according to the catering fee compensation actually incurred, professionally pertain overcost domestically under the income tax act. Between the place of service or the apartment and daily allowance will not be granted where the service business is done only a short distance.
(2) getting business office due to free of charge 20 percent are catering, by the entitled to per diem for breakfast and withheld 40 percent of n for a full calendar day each for lunch and dinner. The same applies if the charge for meals in the reimbursable travel, accommodation or incidental expenses is included. Sentences 1 and 2 shall apply even if business free of charge-provided meals without any valid reason not to complete their duties due. The Supreme authority of the service may allow lower withholding rates in specific cases.

§ 7 accommodation allowance (1) for a necessary accommodation service can get flat 20 euro. Higher accommodation costs will be reimbursed if they are necessary.
(2) accommodation allowance is not granted 1 for the duration of the use of means of transport, 2 missions on or to the place of residence for the duration of the stay in this place, 3rd in unpaid provision of accommodation of the Office, also if this accommodation without a valid reason is not used, and 4 in cases where the charge for the accommodation in the reimbursable travel or other expenses is included , except that one night due to an early arrival at the business place or a late departure of this is additionally required.

Section 8 reimbursement of expenses for a prolonged stay at the place takes the official caused stay at same foreign place longer than 14 days, is granted by the 15th day of a per diem reduced by 50 per cent; in special cases, the Supreme Administrative authority or the authority authorized by can forgo a reduction of the n. Necessary accommodation costs will be refunded; a flat-rate accommodation allowance is not granted pursuant to § 7 para 1. As a travel aid for journeys ride or flight costs provided for 14 days of stay on the place each depending on the used means of transport up to the amount of the amount referred to in section 4, paragraph 1, sentence 1 or 3 or in article 5, paragraph 1. Will leave the place as a result of journeys, daily allowance is not granted for the duration of the stay in the apartment.

Effort - and Pauschvergütung (1) service, where experience has shown that lower overhead for meals or accommodation as is customary, can get section 9 subject to the Supreme Administrative authority or authority instead of per diem, accommodation allowance and reimbursement of expenses according to § 8 sentence 1 and 2 an appropriate expense allowance authorized by you. These can be measured on an hourly basis.
(2) the Supreme Administrative authority or the authority authorised by you may grant a Pauschvergütung for regular or similar missions rather than the reimbursement of travel costs or single components thereof, which can be calculated according to the average of the otherwise incurred in a particular period of time travel expenses.

§ 10 reimbursement of other costs (1) the registration of the service business necessary expenses which are not refund under sections 4 to 9, will be reimbursed as incidental expenses.
(2) a business trip for a reason which or the servants not responsible for, does not apply, according to this law to force down costs be reimbursed by the preparation.

§ 11 assessment of travel allowances in special cases
(1) for missions on the occasion of the transfer, secondment or commanding, the daily subsistence allowance for the period up to the arrival at the new place of employment is granted; the rest applies Article 2 par. 2. The daily allowance is granted for the period until the end of the day of arrival, if separation travel or separation allowance is available to service passengers from the next day; In addition, accommodation allowance (§ 7) is granted. For missions within the meaning of sentence 1 shall the daily allowance from the beginning of the day of departure if separation travel or separation allowance will be given for the previous day. For one - and two-day detachments or commands the entire duration of the absence of the apartment or previous service facility is in determining the travel allowance notwithstanding the sentences 1 to 3 to be based.
(2) for travel on the occasion of the setting, travel allowance may be granted as for business trips. Paragraph 1 shall apply accordingly. The travel allowance may be thereby not higher than the amount that would reimburse for a business trip from home to the place of service.
(3) travel allowance can also granted are 1 for setting trips before the renewal of the appointment to the officer, the officials, the judge, the judge, the soldier or the soldiers and 2 for travel on the occasion of the withdrawal from service due to expiry of the period of service or invalidity of civil servants and officials on withdrawal of servicemen and women on time or by soldiers who do military service due to compulsory military service; This applies to travel abroad only up to the domestic frontier or the domestic airport, air travel will be joined by the.
That sentence 2 shall apply paragraphs 1 and 2.
(4) for travel for the purpose of education or training, situated partly in the interests of the costs incurred will be reimbursed with the consent of the Supreme service authority or the authority authorised by you up to the amount of travel allowance standing for missions.
(5) overnight business trips in her apartment outside of the place of business, an amount equal to the overnight allowance is granted for each round-trip out occasion of one night as reimbursement of the travel expenses pursuant to § 7.

§ 12 illness during a business trip event business and are recorded in a hospital, the necessary expenses for the accommodation of the place will be reimbursed for each full calendar day of hospitalization. A visit of one or a family occasion a life-threatening disease of the or of service travelers, proven by medical certificate, travel expenses will be reimbursed in accordance with article 4, paragraph 1, sentence 1 and 3 or article 5, paragraph 1.

§ 13 connection of business trips with private trips (1) are missions associated with private travel, the travel allowance is calculated so as if only the mission had been done. The travel allowance pursuant to sentence 1 may be after the actual itinerary resulting not exceed. Are missions connected by more than five working days with a holiday, only shall reimburse the additional costs as travel expenses according to the articles 4 and 5 for the execution of the service business; Days - and accommodation allowance is granted for the duration of the service transaction, as well as for the extra travel time.
(2) is arranged in special cases or approved, that is the business trip to a temporary place to stay, to compete or terminate the travel allowance is by way of derogation from paragraph 1, after the departure from or arrival at this place calculated. The same applies if in such cases the business trip to the apartment or service establishment starts or ends. Paragraph 1 sentence 2 is apply mutatis mutandis.
(3) the premature termination of a holiday travel is arranged for official reasons, deemed mission travel allowance will be eligible for the trip from the resort directly or through the place to the place of service. Also, the travel expenses for the shortest trip from the apartment to the resort where the arrangement reached the officials, will be refunded in relation of the unused part of the vacation travel to the planned period of vacation travel.
(4) expenses of service travelers and the persons accompanying them are caused by the suspension or premature termination of a trip will be reimbursed in reasonable amounts. This also applies to expenses, which could not be used for these reasons; with regard to the reimbursement of expenses for the round-trip is paragraph 3 apply by analogy to sentence 2.

§ 14 travel service (1) foreign service travel missions are in the or abroad as well as from abroad in the country.
(2) missions of officials active in cross-border services and officials in the area of foreign local authorities, between areas and between these and the domestic are ineffective as a foreign business trip.
(3) the Federal Ministry of the Interior is authorized to enact different regulations about the travel allowance for foreign mission with regard to the arrangement and approval of business travel, the travel and airfare, the international days and foreign overnight money, of travel aid, the criteria of coverage of climate-related clothing and other incidentals by regulation because of the special conditions.

Article 15 separation (1) officials, civil servants, judges and judges who are seconded to a location outside of the service and place of residence without undertaking the relocation allowance, receive money for them thereby incurred expenditure required, taking into account the domestic saving a separation money after a legal regulation, which shall be adopted by the Federal Ministry of the Interior for secondments in the domestic. This Regulation shall also apply to secondments in the or abroad as well as from abroad in the inland, as far as no special rules have been issued due to the authority of paragraph 2. The same applies to commands by servicemen and women and the temporary official activity in a different place as a service. The assignment are equal the delegation according to § 29 of the federal civil servants act or section 20 of the civil servants status law.
(2) paragraph 1 sentences 1 and 3 shall apply accordingly for secondments without promise of moving allowances in the or abroad and from abroad to the domestic, as far as the special needs of the foreign service and the particular circumstances in the foreign country require it with the proviso that the Foreign Office adopts the decree in agreement with the Federal Ministry of the Interior, the Ministry of defence and the Ministry of finance.
(3) be civil servants or officials of withdrawal in the preparatory service for the purpose assigned to their training in an apprenticeship at a place other than the previous service and place of residence, the resulting necessary additional expenses will be reimbursed all or part them.

§ 16 regulations general regulations to this Act adopts the Federal Ministry of the Interior. The Federal Ministry of the Interior in consultation with the Ministry of Foreign Affairs shall adopt regulations to the special provisions for the travel allowance for foreign service travel.