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Law on the removal of costs for the federal civil servants, judges in the Federal Service and soldiers

Original Language Title: Gesetz über die Umzugskostenvergütung für die Bundesbeamten, Richter im Bundesdienst und Soldaten

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Law on the removal of costs for the federal civil servants, judges in the Federal Service and Soldiers (Bundesumtraction Covenegesetz-BUKG)

Unofficial table of contents

BUKG

Date of completion: 08.04.1964

Full quote:

" Bundesumtraction Cost Act, as amended by the Notice of 11 December 1990 (BGBl. 2682), as last amended by Article 15 (42) of the Law of 5 February 2009 (BGBl I). 160) has been amended "

Status: New by Bek. v. 11.12.1990, I 2682;
Last amended by Art. 15 para. 42 G v. 5.2.2009 I 160

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1975 + + +)
(+ + + measures on the basis of the EinigVtr cf. BUKG Annex EV + + +) Unofficial table of contents

§ 1 Scope

(1) This law regulates the nature and extent of the reimbursement of expenses on the occasion of the processions referred to in § § 3 and 4 and the measures referred to in § 12. Justifiers are:
1.
Federal civil servants and officials seconded to the Federal Service,
2.
Judges in the Federal Service and in the Federal Service of Appointed Judges,
3.
Occupational soldiers and soldiers on time,
4.
Civil servants and judges (numbers 1 and 2) and professional soldiers retired,
5.
former officials and judges (numbers 1 and 2) and professional soldiers who have been dismissed due to incapacity to work or to reach the age limit,
6.
Survivors of the persons referred to in points 1 to 5.
(2) Survivors are the spouse, life partner, relatives up to the fourth grade, enforced to the second degree, foster children and foster parents, if these persons have belonged to the domestic community of the deceased at the time of death. (3) A domestic community within the meaning of this Act requires a living together in a common home or in close supervision in the same home. Unofficial table of contents

§ 2 entitlement to repayment of expenses

(1) The condition for the right to a relocation fee is the written or electronic commitment. It is to be granted at the same time as the measure to be taken. In the cases of § 4 para. 3, the relocation cost compensation must be promised before the move. (2) The relocation cost compensation will be granted upon termination of the relocation. It must be requested in writing or electronically within a time limit of one year at the employment authority, in the cases of section 4 (3) at the last employment authority. The period begins with the day after the termination of the move, in the cases of § 11 (3) sentence 1 with the announcement of the revocation. (3) Recharge cost compensation shall not be granted unless the undertaking of the Repayment of the repayment of the costs. The supreme service authority may extend this period for a period of not more than two years in exceptional cases of exceptional circumstances. § 4 (3) sentence 2 shall remain unaffected. Unofficial table of contents

§ 3 Commitment of the repayment of costs

(1) The relocation fee shall be pledged for retreats
1.
, on the occasion of the translation, for official reasons, to a place other than the place of service so far, unless:
a)
is to be reckon with an early further displacement to another service location,
b)
the move is not to be carried out for special reasons,
c)
the apartment is located on a normally traveled route less than 30 kilometres from the new office or in the new place of service (catchment area), or
d)
the beneficiary irrevocably waived the payment of the removal costs and does not require any service reasons to do so,
2.
on the instructions of the service staff, to take the flat within a specified distance from the office or to obtain a service flat,
3.
On the occasion of the eviction of a service dwelling on service instruction,
4.
On the occasion of the cancellation of a transfer after a move with a commitment of the repayment of the costs of the relocation.
(2) Paragraph 1 (1) shall apply by analogy to the repayment of
1.
the transfer of the employment authority,
2.
the temporary allocation not only for service reasons, to another part of the employment authority,
3.
the transfer of another judge's office pursuant to Section 32 (2) of the German Judges Act or of another judge's office pursuant to Section 27 (2) of the aforementioned Act.

Footnote

(+ + + § 3 (1) no. 1: For the application, see DBeglG § 2 (1) (a) No 1 + + +) Unofficial table of contents

§ 4 Commitment of the removal of the costs of the removal of costs in special cases

(1) The relocation fee may be granted in the appropriate application of Section 3 (1) (1) No. 1 for retreats from the event
1.
the setting,
2.
the secondment or the commander,
3.
the temporary allocation for service reasons to another part of the employment authority,
4.
temporary employment at a different location than a service.
(2) The repayment of the remuneration may also be granted for the repayment of the retreat.
1.
the repeal or termination of a measure referred to in paragraph 1 (2) to (4) following a move with a commitment to pay for the removal of the costs,
2.
the eviction of a rental apartment of a federal state or in the law of the federal occupation, if it is to be vacated on the initiative of the supreme service authority or the authority empowered by it, in the interest of the service;
3.
a transfer or an exchange of accommodation due to the state of health of the person entitled to the family, the spouse or the partner living with him in the domestic community, or the person living with him in the domestic community, in the case of family surcharge; Children who are capable of taking into account the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), where the necessity of the move must be certified by an official or a trust physician,
4.
an exchange of housing which is necessary because the housing has become inadequate because of the increase in the number of children belonging to the domestic community and eligible for family surcharge under the Bundesbesoldungsgesetz (Federal Law on Employment and Employment). An apartment is not sufficient if the room number of the previous apartment is left behind by at least two behind the number of rooms to which the apartment is located. In this case, only one room may be granted for each person belonging to the authorized person before and after the move to the home community of the person entitled to the household (§ 6 para. 3 sentence 2 and 3).
(3) The relocation cost compensation may also be promised for retreats from the termination of the service relationship entitled entitled under § 1 (1) sentence 2 nos. 4 to 6 if:
1.
is not reasonable to stay at border locations, smaller outlying places or island locations, or
2.
in the previous ten years, at least one move has been carried out with a commitment of the removal cost compensation to another place.
The relocation fee will only be granted if the contract is completed within two years of termination of the service. It shall not be granted if the service has been terminated for reasons of discipline or for taking up another activity. (4) The assignment in accordance with paragraph 1 no. 2 shall be the assignment in accordance with § 29 of the Federal Civil Service Act or in accordance with § 20 of the Federal Civil Service Act (Bundesbeamtengesetz). Civil servants status law is the same. Unofficial table of contents

§ 5 Recharge cost compensation

(1) The repayment of the removal costs shall comprise:
1.
Transport costs (§ 6),
2.
Travel expenses (§ 7),
3.
Rental compensation (§ 8),
4.
other outlays (§ 9),
5.
Flat-rate compensation for other relocation expenditure (§ 10),
6.
Expositions according to § 11.
(2) Applications granted for the same move by another service or employment agency shall be charged to the relocation cost compensation to the extent that, for the same purpose, repayment of costs is granted under this Act. (3) The on the basis of a pledge pursuant to section 4 (1) (1) or (2) (3) or (4), the refund shall be repaid if, before the expiry of two years from the end of the move, the entitled person has the right to withdraw from a reason for which he/she is responsible for the purpose of the transfer of the remuneration. Federal Service to be excluded. The supreme service authority may grant exceptions if the person entitled directly to a service or employment relationship with another public service servant is within the scope of this law or to a person in accordance with § 40 (6) Set 2 and 3 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz). Unofficial table of contents

§ 6 Conditions of transport

(1) The necessary outlays for the promotion of the goods to be relocated from the previous to the new dwelling will be reimbursed. If the new home is located abroad, in the cases of § 3 (1) (3), § 4 (2) (2) (2) and (3) sentence 1, the transport costs are reimbursed to the domestic border. (2) Deposits for the promotion of relocation goods that are outside the (3) The housing facility and the reasonable extent to which other movable objects and pets are to be used, shall be reimbursed to the extent that the apartment is to be used for the purposes of the invention. the property, possession or use of the person entitled to move on the day before the transfer of the goods to be relocated or any other person who lives with him in a domestic community. Other persons within the meaning of the first sentence are the spouse, the life partner as well as the unmarried children, the children of Stief and the foster care children. In addition, the children and relatives referred to in the second sentence of the second sentence of the second sentence, the person who has not only been subject to legal or moral obligation, shall be subject to the same or to the second degree and foster parents if the person concerned is not only responsible for the legal or moral obligation Temporary accommodation and maintenance, as well as domestic workers and those whose assistance is not only temporarily required for professional or health reasons. Unofficial table of contents

§ 7 Travel costs

(1) The costs for the travel of the entitled person and persons belonging to the domestic community (§ 6 para. 3 sentence 2 and 3) from the previous to the new apartment shall be reimbursed as in the case of official travel of the entitled person, in the cases of § 4 para. 3 Sentence 1 No 1 such as to be reimbursed in the case of service trips in the last service. Daily allowance shall be granted from the date of the invitation of the goods to be taken up to the date of delivery, subject to the proviso that these two days shall also be considered as full travel days. Accommodation allowance is only granted for the day of delivery of the relocation item if an overnight stay outside the new apartment has been necessary. (2) Paragraph 1 sentence 1 shall apply accordingly for two trips of a person or a journey of two persons for searching or inspecting an apartment, with the proviso that the cost of the journey is reimbursed to the lowest cost of the generally lowest class of a regularly travelling means of transport. For a maximum of two days of travel and two days of stay, the day and night money shall be granted. (3) For a travel by the person entitled to the previous dwelling for preparation and implementation of the move, the travel expenses referred to in the first sentence of paragraph 2 shall be paid. refunded. The travelling expenses of another person for such a journey shall be reimbursed to the same extent that neither the person entitled nor another person (§ 6 para. 3 sentence 2 and 3) has been found at the time of retreat at the previous place of residence, who is preparing the preparation for the journey. and implementation of the move. If the move is carried out before a measure takes effect in accordance with § § 3, 4 para. 1, the travel expenses for the return journey from the new home to the place of service, in the cases of § 4 (1) No. 1 to the previous dwelling, shall be carried out in accordance with the first sentence of paragraph 2. (4) § 6 (1) sentence 2 shall apply mutatily. Unofficial table of contents

§ 8 Lease of the Lease

(1) Rent for the previous dwelling shall be reimbursed up to the date when the rental ratio could be resolved at the earliest, but for a maximum of six months, if the rent for the new apartment had to be paid for the same period. In addition, the necessary outlays for re-renting the apartment within the duration of the contract are reimbursed up to the amount of the rent for one month. The rates 1 and 2 also apply to the rent of a garage. (2) Rent for the new apartment, which had to be paid according to the location of the housing market for a period during which the apartment could not yet be used, will last for three months at the latest. , if rent had to be paid for the same amount of time for the previous dwelling. The same applies to the rent of a garage. (3) The previous apartment in your own house or the condominig is the same as the rental apartment, with the proviso that the rent compensation is paid at most for one year. The supreme service authority may extend this period for a maximum of six months in exceptional cases of exceptional circumstances. The place of rent shall be replaced by the usual rental value of the apartment. The same applies to your own garage. Rental compensation is not granted for the new home in the house or the new condo. (4) Rent in accordance with paragraphs 1 to 3 shall not be reimbursed for a period in which the apartment or garage is rented in whole or in part elsewhere. or has been used.

Footnote

(+ + + § 8 (3) sentence 2: For the application, see DBeglG § 2 (1) (b) + + +) Unofficial table of contents

§ 9 Other outlays

(1) The necessary local brokerage fees for the provision of a rental apartment and a garage or the corresponding expenses up to this level for a separate apartment will be reimbursed. (2) The expenses for a move conditional upon the move additional teaching of the children of the person entitled (§ 6 (3) sentence 2) up to forty of the hundred of the final basic salary of grade A 12 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz-Bundesbesoldungsgesetz) for each child, which is the determining factor at the time of termination of the move shall be reimbursed up to fifty per hundred of this amount, and shall also be reimbursed to three Fourths. (3) The outlays for a cooker will be reimbursed up to an amount of 450 Deutsche Mark if its procurement is necessary in relation to the new dwelling. If the new apartment is a rental apartment, under the same conditions, the costs for stoves up to 320 Deutsche Mark will be reimbursed for each room. Unofficial table of contents

§ 10 Flat-rate compensation for other relocation costs

(1) Calculated persons who had an apartment on the day before loading the goods to be moved and who have re-established them after the move will receive a flat-rate compensation for other items of relocation. It is for married or in one life partnership members of grades B 3 to B 11, C 4 and R 3 to R 10 28.6, grades B 1 and B 2, A 13 to A 16, C 1 to C 3, and R 1 and R 2 24.1, of grades A 9 to A 12 21.4 as well as grades A 1 to A 8 20.2 per cent of the final basic salary of grade A 13 according to Appendix IV of the Bundesbesoldungsgesetz (Federal Law on Remuneration). The amounts according to sentences 2 and 3 increase for each person referred to in § 6 (3) sentence 2 and 3 with the exception of the spouse or life partner by 6.3 per cent of the final basic salary of the person concerned. Grade A 13 according to Appendix IV of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), if it also lives in a domestic community after the move with the moving person. (2) The married person is the same as the widower and the divorcee, as well as the one whose marriage is annulled or annulled, and also the Ledige, who also in the new apartment relatives up to the fourth Grade, weakened up to second grade, foster children or foster parents from legal or moral obligation not only temporarily granted accommodation and maintenance, as well as the Ledige, who also in the new apartment another person , the assistance of which, for professional or health reasons, is not only temporarily required. The person living in a life partnership shall be the person who has survived his life partner and the one whose life partnership has been rescind. (3) An apartment within the meaning of paragraph 1 shall consist of a closed unit of several rooms in which a household can be run, including always a kitchen or a room with cooking facilities. A flat also includes water supply, water supply and toilet. (4) If the conditions set out in the first sentence of paragraph 1 are not met, the flat-rate allowance shall be 30 per cent for married persons, 20 of the hundred of the amount in the case of Leach 20 1 sentence 2 or 3. The full flat-rate compensation is granted if the goods to be moved have been subject to a previous foreign use. (5) In the cases of Section 11 (3), the proven necessary deposits up to the amount of the flat-rate compensation shall be granted. (6) If, within five years, a move has been preceded by a commitment of the relocation cost compensation in accordance with § § 3, 4 (1) No. 2 to 4 or Section 2 No. 1, a frequency surcharge of 50 of the hundred of the flat-rate compensation referred to in paragraph 1 shall be submitted. where the conditions set out in the first sentence of the first sentence of paragraph 1 are met in the case of the previous and/or the removal (7) For the same move, several flat-rate payments shall be granted, only one of which shall be granted; if the flat-rate allowances are different, the higher shall be granted. Unofficial table of contents

§ 11 Repayment of the removal costs in special cases

(1) An official with flat within the meaning of Section 10 (3), the relocation fee compensation for a move pursuant to § 3 (1) No. 1, 3 or 4, § 4 (1) No. 1 to 4, para. 2 No. 1, can be paid for the move to a provisional apartment relocation cost compensation , if the competent authority has previously recognised this apartment in writing or electronically as a provisional home. Until moving to the final dwelling, an apartment may only be recognized once as a temporary dwelling. (2) In the cases of § 4 para. 2 nos. 3 and 4, no more than the transport expenses (§ 6) and the travel expenses (§ 7) are reimbursed in the case of an apartment. Moving over a distance of twenty-five kilometers would have been created. In the case of § 4 (3) sentence 1 no. 2, only the transport costs (§ 6) will be reimbursed. The second sentence shall also apply to the promotion of the right to move the spouse or the life partner if the person entitled to move is married within six months of the date of the day or the life partnership is based on which the repayment of the removal costs pursuant to § 3 para. 1 No 1 or 2 or 2 or § 4 (1) or (2) no. 1 has been pledged. (3) If the pledge of the relocation fee is revoked from the reasons for which the person entitled is not responsible, the result of the preparation of the move will be shall be reimbursed in accordance with this law. If another move has to be carried out in this case, it shall be granted repayment of the costs of removal; sentence 1 shall remain unaffected. Sentences 1 and 2 shall apply mutatily if the pledge of repayment of the costs is withdrawn, otherwise repealed or otherwise completed. Unofficial table of contents

§ 12 Separation allowance

(1) Separation allowance shall be granted
1.
in the cases of § 3 (1) (1), (3) and (4) and (2), except in the case of the conditions set out in Article 3 (1) (1) (c) and (d),
2.
in the cases referred to in Article 4 (1) (2) to (4) and (2) (1) or (3), in so far as the person entitled is transferred to a place other than the previous place of employment; and
3.
in the case of the adjustment with the payment of the repayment of the costs
in respect of which the person concerned is required to do so by means of the separate financial management, the maintenance of the apartment or the accommodation in the previous place of residence or the submission of the part of the housing facility necessary for the management of a household; Deposits taking into account domestic saving. (2) If the beneficiary has been promised the repayment of the repayment of the costs, then the severance allowance may only be granted if it is unconditionally willing to move and demonstrably because of the lack of housing in the new Place of service, including the catchment area (§ 3 (1) (1) (c)) cannot move. These conditions must have been fulfilled since the day on which the repayment of the levy has been promised or, if the beneficiary has become more favourable, the measure has become effective or the apartment has been vacated. (3) After the omission of the In the event of a lack of housing, the separation allowance may only be granted if and for as long as the relocation of the willing holder is contrary to one of the following obstacles:
1.
Temporary serious illness of the person concerned or of one of his family members (§ 6 (3) sentence 2 and 3) up to a period of one year;
2.
Employment bans on the beneficiaries or a family member (§ 6 para. 3 sentence 2 and 3) for the period before or after a disconnection in accordance with mutterprotection regulations;
3.
School or vocational training of a child (§ 6 para. 3 sentence 2 and 3) until the end of the school year or training year. If the child is in grade 12 of a school, the grant of the separation grant shall be extended until the end of the following school year; if the child is in the penultimate training year of a vocational training relationship, the child shall be the grant shall be extended until the end of the following training year;
4.
Schooling or vocational training of a severely disabled child (§ 6 para. 3 sentence 2 and 3). The severing allowance shall be granted until completion of the training, as long as it cannot be continued at the new service or place of residence or at a distance from it on account of the disability;
5.
Acute life-threatening illness of a parent of the person entitled, his spouse or partner, if the parent receives to a large extent the assistance of the spouse, the life partner or the family member of the person concerned;
6.
School or first vocational training of the spouse or partner in the appropriate application of the number 3.
The severance allowance may also be granted if there is no shortage of housing, but one of those obstacles, at the time when the service is effective. If there is a new reason for the obstacle if the obstacle course is omitted, the supreme service authority can approve the separation allowance for up to a maximum of one year. The Federal Minister of the Interior is authorized to enact rules on the granting of the separation allowance by means of a decree law. In this connection, it can be determined that separation money is also granted in the case of an adjustment without a commitment to the repayment of the remuneration and that in the cases of § 3 (1) (1) (d) of the beneficiaries for a maximum of one year travel allowances for home journeys received. (5) (dropped) Unofficial table of contents

§ 13 Abroad

(1) International relocations are relocations between Germany and abroad as well as abroad. (2) Foreign relocations are not the same as the removals.
1.
the officials working in the border traffic, even if they move abroad following the activity on border traffic to the national territory or in the cases of § 3 (1) (3), (4) (2) (2) to (4) (3) sentence 1 abroad,
2.
abroad in the cases of § 3 (1) (3), (4) (2) (2) (2) to (4), (3) sentence 1,
3.
in the cases referred to in Article 3 (1) (2) and (3),
4.
On the occasion of a setting, translation, secondment or commander, and the measures referred to in § 3 (2), § 4 (1) No. 3, para. 2 no. 2 to 4, including their cancellation, if the previous or the new home is located abroad.
In the cases of sentence 1 No. 2 to 4, for the transfer journey (§ 7 para. 1), day and night money is only granted for the necessary travel period; § 7 para. 2 and 3 shall not apply. Unofficial table of contents

Section 14 Special provisions for international remissions

(1) The Federal Minister of Foreign Affairs is authorized, in agreement with the Federal Minister of the Interior, the Federal Minister of Defence and the Federal Minister of Finance for Foreign Economic Relations, to lay down detailed rules on the The necessary repayment of the costs of the removal of the costs (Regulation of the Foreign Relocation Costs Ordinance, paragraph 2) and the necessary separation allowance (Regulation of the International Monetary Fund, paragraph 3) must be issued, insofar as the special needs abroad require it. To the extent that no special regulations have been issued on the basis of this authorization, § § 6 to 12 shall also apply to international excerpts. (2) In the Ordinance on Foreign Economic costs, in particular, the following rules shall be applicable:
1.
Reimbursement of expenses for retreats, including housing visits,
2.
the reimbursement of transport expenses,
3.
consideration of up to 50 per cent of the saved transport equipment for relocated passenger cars,
4.
reimbursement of expenses for the relocation of the person concerned and the persons belonging to his or her domestic community;
5.
Granting of aid to the travel expenses of persons admitted to the home community and to the cost of transporting the goods to the place of foreign service if the claimant is to be transferred to the home country after moving to the marrying abroad,
6.
Provision of aid for the cost of the journey and the cost of the movement of a member of the domestic community, where the person concerned is permanently separated from the person concerned during his/her international service, up to the level of the cost of the carriage. for a return to the last place of service in Germany,
7.
the granting of the rent allowance;
8.
Grant of the flat-rate compensation for other relocation expenses and expenses,
9.
reimbursement of the other removal expenses which have been detected;
10.
Repayment of storage costs or expenses for accommodation left behind,
11.
consideration of up to 50 of the hundreds of saved storage costs for left-back goods,
12.
Reimbursement of the costs of maintaining the home in the cases referred to in paragraph 5,
13.
Reimbursement of expenses for additional tuition-related lessons,
14.
Reimbursement of rental agreements, reviewers, brokerage, or comparable costs for their own home,
15.
Contributions to the installation or repair of dwellings,
16.
contributions to the certification of technical equipment and equipment required by local conditions,
17.
Contribution to the apes of climate-related clothing,
18.
Contribution to the costs of foreign use,
19.
Installation contribution for heads of foreign missions and functionally independent delegations, headed by ambassadors, as well as for permanent representatives and heads of external offices of foreign missions,
20.
Reimbursement of expenses for the repatriation of persons and retreats for safety reasons,
21.
Reimbursement of expenses for removals in special cases,
22.
Reimbursement of the expenses for moves to a provisional home,
23.
Repayment of the relocation expenses when leaving the service abroad.
(3) In particular, the Regulation on the International Monetary Regulation shall regulate:
1.
Compensation for separate financial management,
2.
compensation for sound financial management for compelling personal reasons,
3.
Compensation for daily return to residence,
4.
Tenancy rate,
5.
the granting of a separation allowance if no international remuneration is granted,
6.
Grant of separation money on a case-by-case basis for security reasons or due to other exceptional circumstances abroad (separation allowance in crisis situations),
7.
Provision of travel allowances for home journeys for three months, in special cases for two months of separation. This shall also apply for a maximum of one year if the beneficiary irrevocably renounced the payment of the removal costs and does not require the move to take place on a service basis.
(4) By way of derogation from section 2 (2), first sentence, the right to the flat-rate compensation shall be incurred, the contribution to the apt of climate-related clothing, the contribution fee and the contribution to the furnishing at the time when the removal costs compensation according to § 3 or § § 3. (5) By way of derogation from § § 3 and 4, the relocation fee compensation may also be promised in part if there are service reasons. (6) By way of derogation from § 2 para. 2 sentence 2, the exclusion period for foreign retreats amounts to two years. If, in the cases referred to in paragraph 2, point 16, the ability to contribute is recognised only after the termination of the move, the closing date shall begin with the recognition. In the cases referred to in paragraph 2 (5) and (6), it shall begin with the arrival or departure from the place of employment. In the case of current payments, the first payment must be made within the time limit. In special cases, payments made at a later date may also be taken into consideration for payments made before the deadline. (7) The supreme service authority may, in general or on a case-by-case basis, reduce the cost-of-relocation allowance to the extent that special Relationships justify it. Unofficial table of contents

§ 15 Determination of the duty of duty, administrative provisions

(1) The supreme service authority shall be authorized, in agreement with the Federal Minister of the Interior, to designate neighbouring municipalities to a place of employment if the premises of the same service extend over the territory of several municipalities. (2) The Federal Minister of the Interior shall, in agreement with the Federal Minister of Justice and the Federal Minister of Defence, issue the general administrative provisions relating to this Act. Unofficial table of contents

Section 16 Transitional provision

If a rental fee has been granted prior to the announcement of this law, it will continue to be granted in accordance with the law.