Law On The Relocation Allowance For 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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.gesetze-im-internet.de/bukg/BJNR002530964.html

Law on the relocation allowance for federal civil servants, judges in the Federal service and soldiers (Federal relocation expenses - BUKG) BUKG Ausfertigung date: 08.04.1964 full quotation: "Federal relocation costs act as amended by the notice of 11 December 1990 (BGBl. I p. 2682), most recently by article 15 paragraph 42 of the law of February 5, 2009 (BGBl. I p. 160) is changed" stand: Neugefasst by BEK. v. 11.12.1990, I 2682;
 
As last amended by article 15 paragraph 42 G v. DSDS I 160 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 1.1.1975 +++) (+++ requirements due to the EinigVtr see BUKG annex EV +++) § 1 scope of application (1) this Act regulates nature and extent of reimbursement of expenses on the occasion of described in §§ 3 and 4 parades and the measures referred to in article 12. Are authorized: 1 Federal officials and civil servants seconded to the Federal service, 2 judges of the Federal Government and the Federal Government seconded judge, 3 professional soldiers and soldiers on time, 4. officers and judges (numbers 1 and 2) and professional soldiers retired, 5. former officials and judge (numbers 1 and 2) and professional soldiers that have been dismissed due to invalidity or reaching the age of retirement are 6 survivors of the persons referred to in paragraphs 1 to 5.
(2) survivors are spouse, life partner, relatives up to the fourth grade, parents up to the second degree, foster children and foster parents, if these persons have heard at the time of death to the home community of the deceased.
(3) a domestic community within the meaning of this law requires a life together in shared apartment or close care community in same House.

Article 2 eligible for relocation allowances (1) requirement for entitlement to removal expenses compensation is the written or electronic acceptance. She should be granted the measure be moving at the same time. In the cases of § 4 para 3, the relocation allowance before the move must be said to.
(2) the removal costs compensation is granted after completion of the removal. It is within a period of one year at the employment agency, in the cases of § 4 para 3 of last employment authority, to request in writing or electronically. The period begins with the day after the end of the removal, in the cases of § 11 para 3 sentence 1 with the announcement of the cancellation.
(3) relocation allowance is not granted if within a period of five years after the effective commitment of the relocation allowance will be moved. The Supreme Administrative Authority may extend this period in especially justified cases to no more than two years. Section 4, paragraph 3, sentence 2 shall remain unaffected.

§ 3 pledge of relocation allowances (1) which is moving allowance to give unless for removals 1 on the occasion of the transfer of interests at a place other than the previous place of employment, that a) is to be expected with an early further transfer to a different location, b) moving special reasons must not be executed, c) the apartment on a usually busy route is less than 30 kilometres from the new service facility or in the new place of employment (catchment area) or d)
the beneficiary irrevocably waived by the promise of moving allowances and official reasons the move do not require to refer, 3. on the occasion of the vacating of a service apartment on official instructions, 4. reason of repealing a transfer after a parade of promise of moving allowances 2. statement of the superiors, to take the apartment within certain distance by the Department or a service apartment.
(2) paragraph applies to 1 No. 1 according to moving occasion 1 laying the employment authority, 2 not only a temporary allocation for official reasons to another part of the employment authority, 3. the transmission of other judges Office according to § 32 para. 2 of the German of Judges Act or a further judge Office according to section 27, paragraph 2, of the aforementioned Act.
Footnote (+++ § 3 para 1 No. 1: to apply cf. DBeglG § 2 ABS. 1 2(2)(a) No. 1 +++) § 4 commitment of moving allowances in special cases (1) the moving allowance can in corresponding application of § 3 para 1 No. 1 said to be for parades celebrate 1st setting, 2. the secondment or commanding, 3. the temporary allocation of interests to another part of the employment authority , 4. the temporary official activity at anywhere other than a Department.
(2) the relocation allowance can also said to be no. 2 to 4 after moving with promise of moving allowances, 2. the evacuation of a federal or standing in the Federal law of occupation of apartment for rent for moving occasion 1 the suspension or termination of a measure referred to in paragraph 1 when she should be given at the instigation of Supreme Administrative authority or the authority authorised by you in the interests of the , 3. a transfer or a change of housing due to the State of health of the person entitled, the spouse living with him in the same household or spouse or living with him in the same household, taking into account enabled for the family supplement under the federal pay law children, where the need for the relocation Office - or vertrauensärztlich certified must be 4. a change of housing, which is necessary, because the apartment due to the increase in the number of the parts belonging to the domestic community , when the family allowance after the federal salaries Act taking into account eligible children inadequate has become. An apartment is inadequate, if the room number of the previous housing lags at least two behind the to number of rooms. This related person (article 6, paragraph 3, sentence 2 and 3) may be allowed for each before and after the move to the home community of the person entitled just a room.
(3) the relocation allowance can be said to no. 4 to 6 eligible also for removals on the occasion of the termination of employment according to section 1, subsection 1, sentence 2 1 remain at border towns, small secluded places or island places is not reasonable or 2 in the preceding ten years at least a moving with promise of moving allowances to another location was performed.
The relocation allowance will only be granted if two years after termination of the service will be moved to. It is not granted if the service for disciplinary reasons or to take of any other activity was terminated.
(4) pursuant to paragraph 1 No. 2 are of the same assignment the delegation according to § 29 of the federal civil servants act or section 20 of the civil servants status law.

§ 5 moving expenses compensation (1) the moving allowance includes 1 transport expenses (§ 6), 2. travel costs (section 7), 3. rent compensation (§ 8), 4. other expenses (§ 9), 5. Pauschvergütung for other relocation expenses (§ 10), 6 are expenses under section 11 (2) benefits, which are granted, for same moving from a different service or employment agency to offset against the reimbursement of relocation costs in so far, as for same purpose of moving allowance pursuant to this Act is granted.
(3) due to a commitment pursuant to § 4 para 1 No. 1 or 2 3 or 4 is granted reimbursement of relocation costs to repay when the beneficiary before the expiry of two years after completion of the removal leaves for any reason for which the Federal Government. The Supreme authority of the service can allow exceptions thereof, if the person entitled directly designated facility exceeds in a service or employment relationship to public service Lord within the territorial scope of this Act or to a § 40 paragraph 6, sentence 2 and 3 of the federal pay law.

§ 6 transport expenses (1) the necessary expenses for the transport of goods from the previous to the new apartment will be refunded. The new apartment abroad, is no. 3 be §4 in the cases of § 3 para 1, para 2 No. 2 and paragraph 3 sentence 1 the transport expenses refunded until the domestic frontier.
(2) expenses for transporting goods, which is located outside the previous apartment, will be reimbursed only in so far as if they are refundable when moving with the other goods.
(3) goods are the home furnishings and other appropriate movable objects and pets that reside on the day prior to the loading of the goods in the ownership, possession or use of the owner or other persons who live in domestic community with him. Other persons within the meaning of sentence 1 are the spouse, life partner and the unmarried children, stepchildren and foster children. There are also no unmarried children referred to in sentence 2 and relatives up to the fourth grade, parents up to the second degree and foster parents, if the person entitled not only temporarily granted to accommodation and maintenance these persons from legal or moral obligation as well as domestic workers and such persons, whose help the authorized Professional or health reasons not only temporarily needed.

§ 7 travel costs
(1) the expenses for the travel of legitimate and of belonging to the domestic community people (section 6, paragraph 3, sentence 2 and 3) of the previous are to the new apartment as would be reimbursed during missions of the person entitled to refund No. 1 as in the cases of § 4 para 3 sentence 1 missions in the past. Daily allowance is granted from the date of loading of the goods on to the day of the unloading with the proviso that these two days are considered full travel days. Accommodation allowance shall only be for the day of the unloading of the goods, if an overnight stay outside the new apartment has been necessary.
(2) paragraph 1 sentence 1 accordingly applies two trips of a person or a trip by two persons to the search or visiting an apartment with the proviso that the expenses will be reimbursed up to the amount of the cheapest ticket in the generally lowest class of a regular means of transport. Days - and accommodation allowance is granted per trip for a maximum of two travel and two days.
(3) for a journey of the person entitled to the former apartment to the preparation and implementation of the removal expenses referred to in paragraph 2 will be set 1. The expenses of another person for such a trip will be refunded to the same extent, if at the time of the removal of the previous place of residence the beneficiary nor another person (article 6, paragraph 3, sentence 2 and 3) has been, who expected the preparation and implementation of the move was. Is the move before the effect of a measure is performed according to the § § 3, 4 para 1, the expenses for the return journey from the new home to the place of employment, in the cases of § 4 para 1 will be no. 1 to her previous home, in accordance with paragraph 2 sentence 1.
(4) article 6, paragraph 1, sentence 2 shall apply accordingly.

Section 8 rent compensation (1) rent for the previous apartment is up to the point to which the tenancy at the earliest could be solved, but no longer than for six months, shall, if rent for new housing had to be paid for the same period. In addition, the necessary expenses for the rent on the apartment within the contract period will be reimbursed up to the amount of the rent for a month. Sentences 1 and 2 apply also to rent a garage.
(2) rental for the new apartment, which had to be paid according to location of the housing market for a time during the apartment still could be left unused, is paid maximum for three months rent for the previous apartment had to be paid for the same period. The same applies to the rental of a garage.
(3) the previous apartment in house or the condominium is equivalent to the apartment with the proviso that the rent compensation at the latest for a year is paid. The Supreme Administrative Authority may extend this period in especially justified cases to no more than six months. The local rental value of the apartment takes the place of the rent. The same applies to the garage. For the new apartment in the own house or the new condo, rent compensation is not granted.
(4) rent will not be for a time after the paragraphs 1 to 3 of the apartment or the garage has been wholly or partially otherwise rented or used.
Footnote (+++ § 8 para 3 sentence 2: application cf. DBeglG § 2 ABS. 1 alia b +++) § 9 other expenses (1) the necessary local commissions for the mediation of an apartment and a garage or the corresponding disbursements up to this level for an own apartment will be refunded.
(2) the expenses for an additional education of children of the authorized (§ 6 para 3 sentence 2) due to the move are to refund to forty per cent of the applicable at the time of the completion of the removal end salary of grade A 12 of the federal pay law for each child, up to fifty per cent of this amount fully and in addition to three quarters.
(3) that are expenses for a cooking stove up to an amount of 450 Deutsche Mark refunded if its procurement in respect of new housing is necessary. Unless the new apartment is an apartment for rent, also the expense of furnaces will be under the same conditions up to an amount of 320 German mark for every room be refunded.

§ 10 Pauschvergütung for other relocation expenses (1) legitimate, who had an apartment on the day prior to the loading of the goods and after moving again have set up, get a Pauschvergütung for other relocation expenses. She is married or living in a life partnership members of grades B-3 and B-11, C 4 R 3 and R 10 28.6, the grades of B-1 and B-2, A 13 to A-16 C 1 to C 3 and R 1 and R 2 24.1, the grades A-9 to A 21.4 12 as well as the grades A 1 to A 8 20.2% of the final basic salary of grade A 13 to annex IV of the federal pay law. Unmarried will receive 50 percent of the amount pursuant to sentence 2. The amounts increase pursuant to sentences 2 and 3 for each person referred to in section 6, paragraph 3, sentence 2 and 3 with the exception of spouse or partner to 6.3% of the final basic salary of grade A-13 according to annex IV of the federal salaries Act, if she's alive even after the procession with the moving in same household.
(2) widowed and the divorced and who's the marriage also the single is repealed or declared null and void, stand the married couples equal to the also in the new apartment relatives until has to the fourth grade, unrelated to the second degree, not only temporary accommodation and maintenance grants care children or foster parents from legal or moral obligation, as well as the single, also in the new house included another person , which he not only temporarily requires professional or health reasons. Who has survived his life partner, and the one whose life partnership was lifted are just living in a life partnership.
(3) an apartment within the meaning of paragraph 1 consists of a closed unit of several rooms, in which a household can run, including always a kitchen or a room with cooking facilities. An apartment include water supply, sink and toilet.
(4) the conditions of in paragraph 1 are set 1 omitted, the Pauschvergütung married 30 per cent for unmarried 20 per cent of the amount referred to in paragraph 1 is set 2 or 3. The full Pauschvergütung is granted if the move was, on the occasion of previous foreign use.
(5) in the cases of § 11 par. 3, the proven necessary expenses will be reimbursed up to the amount of Pauschvergütung.
(6) moving with promise of moving allowances pursuant to §§ 3, is five years 4 para 1 No. 2 to 4 or paragraph 2 No. 1 preceded by, so a frequency surcharge in the amount of 50 per cent of the Pauschvergütung referred to in paragraph 1 is granted, if the previous and to move the requirements of paragraph 1 sentence 1 have.
(7) multiple Pauschvergütungen are for the same move, only one of them is granted; the Pauschvergütungen have different heights, so the higher is granted.

Section 11 relocation costs compensation in special cases (1) an official with apartment in the sense of § 10 paragraph 3, the moving allowance for a move to section 3 para 1 No. 1, 3 or 4, article 4, paragraph 1 No. 1-4, para pledged 2 No. 1 is can get to move into a temporary apartment relocation allowance, if the competent authority has recognized this place beforehand in writing or electronically as a temporary apartment. Until moving into the final flat, an apartment may be only once recognized as temporary apartment.
(2) in the cases of § 4 para 2 No. 3 and 4 are the transport expenses (§ 6) maximum and reimbursed travel expenses (section 7) that would have been created when moving a distance of twenty-five kilometers. In the case of § 4 para 3 sentence 1 No. 2 will be refunded only the transport expenses (§ 6). If he has married beneficiaries within six months from the date or the life partnership, where the moving allowance No. 1 has been said to no. 1 or 2 or paragraph 2 or article 4, paragraph 1 or paragraph 2 according to article 3, paragraph 1, sentence 2 shall apply also for the transport of the goods of the spouse or life partner.
(3) is revoked the promise of moving expenses remuneration of the person entitled to reasons beyond its control, the reimbursable under this Act, necessary expenses incurred in the preparation of the removal will be refunded. Other moving, perform in this case, so moving allowance is granted for it; Sentence 1 shall remain unaffected. Sentences 1 and 2 shall apply mutatis mutandis if the promise of moving allowance will be withdrawn, otherwise rescinded or is done in some other way.

§ 12 separation money is (1) separation money granted 1. in the cases of § 3 para 1 No. 1, 3 and 4, paragraph 2, with the exception of the requirements of § 3 para 1 No. 1 letters c and d, 2. No. 2 through 4 and para. 2 No. 1 or 3, as far as the person entitled to a place other than the previous place of employment moves in the cases of § 4 para 1 , and 3rd setting with commitment of relocation allowances for which the person entitled by the separate financial management, maintaining the apartment or the residence at the former place of residence or garaging of the necessary expenses resulting to the leadership of a necessary part of home furnishings household, taking into account the domestic savings.
(2) the reimbursement of relocation costs is the legitimate been pledged so separation money should be granted only if it is fully willing to move and demonstrated that lack of housing at the new place of employment including the catchment area (section 3 para 1 No. 1 letter c) can not move. These requirements must be met since the days on which is the moving allowance was promised or, if convenient for the owner, the measures become effective or cleared the service apartment.
(3) after eliminating the housing shortage may separation money further applies only if and as long as the moving of the willing to move legitimate one of the following reasons of impediment precludes: 1 temporary serious illness of the holder or one of his family members (article 6, paragraph 3, sentence 2 and 3) up to the period of one year;
2. employment prohibitions for the beneficiaries or a family (article 6, paragraph 3, sentence 2 and 3) for the time before or after giving birth to mother-protection regulations;
3. school or vocational training of a child (article 6, paragraph 3, sentence 2 and 3) until the end of the school or training year. The child is in grade 12 of school, the separation allowance extends up to the end of the following school year; the child is in the penultimate year of training a training relationship, the separation allowance extends up to the end of the following year;
4. school or vocational training of a severely disabled child (section 6, paragraph 3, sentence 2 and 3). Separation benefit is paid until the end of the training, as long as these on the new service or place of residence or in accessible distance of obstruction cannot be continued.
5. acute life-threatening disorder a parent of legitimate, his spouse or partner, if receives help of his/her spouse, partner or family members of the person entitled to a large extent;
6 first training of spouse or partner in analogous application of the number 3 or school separation money should be granted even if no housing shortage, but one of this impediment to the effective date of the official action. A new impediment exists in of the hindrance ceasing to exist, may separation money share be granted with the consent of the Supreme authority of the service up to no more than a year. Separation money even when pressing housing shortage may be granted after the hindrance ceasing to exist.
(4) the Federal Minister of the Interior is authorized to legislate the separation allowance by a regulation. This can allow separation money when adjusting without undertaking the relocation allowance, and that in the cases of § 3 para 1 letter d the person entitled receives no. 1 for no longer than a year travel aid for journeys be determined.
(5) (lapsed) § 13 overseas removals (1) overseas removals are removals between home and abroad, as well as abroad.
(2) not the moves 1 of officials working at the border and not even considered overseas removals, if you following the activity in cross-border services in the domestic, or in the cases of § 3 para 1 No. 3, section 4, paragraph 2 No. 2-4, para 3 sentence 1 from abroad move, 2. abroad in the cases of § 3 para 1 No. 3 , Section 4 paragraph 2 No. 2-4, paragraph 3 set 1, 3rd in the country in the cases of § 3 para 1 No. 2 and 3, 4th occasion of an adjustment, transfer, delegation or commanding and in § 3 para 2, § 4 para 1 No. 3, para 2 No. 2 to 4 referred to measures at home including their suspension, if the previous or the new apartment in a foreign country.
In the cases of sentence 1 No. 2 to 4 is for the relocation travel (§ 7 para 1) day - and overnight money only for the necessary duration of travel grants; Section 7, paragraph 2 and 3 shall not apply.

§ 14 special provisions for overseas removals (1) the Federal Minister of for Foreign Affairs is authorized, in consultation with the Federal Minister of the Interior, the Federal Minister of defence, and provisions on the necessary relocation allowance (overseas removal expenses regulation, paragraph 2) as well as the necessary separation money (foreign separation money regulation, paragraph 3) more Federal Minister of finance for international removals by legal regulations to adopt, as far as the specific needs abroad require it. Insofar as no special provisions have been issued on the basis of this authorization, the §§ 6 to 12 shall apply also to overseas removals.
(2) in the international removal expenses regulation are to govern in particular: 1. reimbursement of expenses for moving preparations including home inspection trips, 2. reimbursement of transport expenses, 3. consideration up to 50 per cent of the saved transportation expenses for persons of abandoned cars, 4. reimbursement of expenses for the moving journey of the beneficiary and to his home community, 5. granting of aid for the transport of persons which are recorded with the trip to the domestic community , and the costs of the transport of the marriage of good on the Auslandsdienstort, if the rightful claimant marries after moving abroad, 6 granting of aid to the expenses and the cost of transportation of the pro-rata belongings of a member of the domestic community, if it separates from the authorized during his overseas service in the long term, up to the amount of the costs for a return to the last place of employment in the domestic , 7 award of rent compensation, 8 granting of the Pauschvergütung other relocation expenses and overhead, 9 refund of proven other relocation expenses, 10 reimbursement of storage costs or expenses for garaging abandoned belongings, 11 consideration up to 50 per cent saved storage costs for certified back belongings, 12 reimbursement of the costs for maintaining the home domestically in the cases of paragraph 5 , 13 reimbursement of the expenses for moving-related additional teaching, 14 refund of the rental contract, experts - broker - or comparable costs for the own apartment, 15 posts for the procurement or repairing homes, 16 posts for the procurement of technical equipment and facilities that are necessary due to the local conditions, 17 contribution to obtain climate-related clothing, 18 facilities post for overseas use, 19 setup fee for head of diplomatic missions and functionally independent delegations , that are routed from ambassadors and permanent representatives and heads of offices by foreign representatives, 20 reimbursement of expenses for repatriation of persons and removal goods for safety reasons, 21 reimbursement of expenses for relocation in special cases, 22 reimbursement of the expenses for moving into a temporary apartment, 23 refund of relocation expenses when leaving the service abroad.
(3) in separation money foreign regulation include in particular rules: 1. compensation for separate financial management, 2. compensation for separate financial management for compelling personal reasons, 3. compensation for daily return to the place of residence, 4th movement of tenants, 5. granting of separation money if no foreign salaries be granted 6 granting of separation money in individual cases for safety reasons or due to other exceptional circumstances abroad (separation money in emergencies), 7 granting of travel aid for journeys for each three months , in special cases for each two months of separation. This applies also for no longer than a year if the beneficiary irrevocably waives the commitment of moving allowances and official reasons does not require the move.
(4) by way of derogation from article 2, paragraph 2, sentence 1 emerges the claim on the Pauschvergütung, the contribution to the procurement of climate-related clothing and equipment contribution institution contributing to the date on which the reimbursement of relocation costs is said to § 3 and § 4.
(5) by way of derogation from the articles 3 and 4 the relocation allowance in parts can be said to when official reasons require it.
(6) by way of derogation from article 2, paragraph 2, sentence 2, the deadline for overseas removals is two years. In the cases of paragraph 2 No. 16 post ability only recognized after the relocation, the limitation period begins with the recognition. In cases of paragraph 2 No. 5 and 6 she begins with the arrival at the or the departure from the place of employment. In current payments, the first payment shall be made within the time limit. On a request prior to the deadline will also later payments will be considered in special cases.
(7) the Supreme authority of service can reduce the reimbursement of relocation costs in general or in a particular case unless special circumstances justify it.

Article 15 service location, administrative provisions (1) the Supreme Administrative Authority is authorised to determine neighboring communities to a place of employment if properties of same services across the territory of several communes in agreement with the Federal Minister of the Interior.
(2) the Federal Minister of the Interior in consultation with the Federal Minister of Justice and the Federal Minister of defence shall issue the General administrative regulations to this law.

Article 16 transitional provision a rental contribution before the promulgation of this law has been approved, he is further granted under previous law.