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Law on the allocation of civil servants of the Bundeswehr

Original Language Title: Gesetz zur Ausgliederung von Beamtinnen und Beamten der Bundeswehr

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Law on the outsourcing of civil servants of the Bundeswehr (Federal Armed Forces-and Bundeswehr Officials-Organizational Breakdown Act-BwBeamtAusglG)

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BwBeamtAusglG

Date of completion: 21.07.2012

Full quote:

" Federal Armed Forces and Federal Armed Forces Officials of the Federal Armed Forces Act of 21 July 2012 (BGBl. I p. 1583, 1586) "

Footnote

(+ + + Text evidence from: 26.7.2012 + + +) 

The G was decided by the Bundestag as Article 2 of the G v. 21.7.2012 I 1583.
It's gem. Art. 18 (1) of this G entered into force on 26.7.2012

Section 1
Service

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§ 1 Scope

This law applies to civil servants in the Division of the Federal Ministry of Defence, who are neither in the division of the Federal Ministry of Defence nor in the business unit due to the reduction of the staff of the Bundeswehr. another supreme federal authority can be used in a reasonable way. Unofficial table of contents

§ 2 Use in the case of other dienstherren

Until 31 December 2017, officials for re-use in the case of other dieners prior to the transfer shall normally be secondhand for up to six months to be tested there. This shall also apply in the case of re-use at a federal authority. Unofficial table of contents

§ 3 leave of absence

(1) Until December 31, 2017, civil servants for an activity which is not a use within the meaning of Section 53 (8) of the Civil Service Act may be granted on request for a maximum of three years of leave without remuneration. The leave of absence serves the interests of the service. (2) Until 31 December 2017, civil servants may, if the interests of the service are not in conflict with that, for an activity which is not used within the meaning of Section 53 (8) of the Civil Service Act , on request, leave without remuneration until the beginning of retirement. A return from the holiday shall be allowed if the official or the official cannot be allowed to continue the holiday. The period of leave of absence in accordance with the first sentence is not liable to rest. (3) In the cases of leave of absence referred to in the first sentence of paragraph 2, the Federal Government assumes ongoing voluntary contributions (§ 7 of the Sixth Book of Social Code) for as many months as it is to fulfil the the general waiting period in accordance with § 50 (1) of the Sixth Book of the Social Code is still required. This shall also apply in the case of the return referred to in the second sentence of paragraph 2. For each month, the contribution basis shall be based on the references received by the official or the official in the last calendar month preceding the leave of absence. (4) Repayment of voluntary contributions pursuant to § 282 (3) of the Sixth Book of Social Code (Social Code), the Federal Government takes over the voluntary contributions for as many months as for the fulfilment of the general waiting period pursuant to Section 50 (1) of the Sixth Book. The Social Code is still required. In the case of the contribution assessment, the third sentence of paragraph 3 shall apply accordingly. Unofficial table of contents

§ 4 Replacement into retirement age

Up to 31 December 2017, up to 1 050 officials may be retired upon request, if
1.
she's the 60. have completed their life year,
2.
they cannot be used in a reasonable manner either by a federal authority or by any other public service service, and
3.
Do not stand in the way of other official reasons;
After 30 September 2014, the Federal Ministry of Defence shall establish an unavoidable need for further lashing-up networks, without prejudice to § 8 that under the conditions of numbers 1 to 3 to 31 December 2017 a total of up to 1 500 civil servants are to be retired upon request.

Section 2
Financial compensation

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§ 5 Deposit payment

(1) Officials who are to be transferred to other servants by 31 December 2017 who do not apply the provisions of § § 13, 19a or 19b of the Federal Remuneration Act or comparable provisions of national law shall be granted a non-ruthless one-off payment. It shall be granted if the sum of the basic monthly salary, the supplementary allowances, the family allowance, the points and compensatory allowances and the benefits not paid as a one-off payment, which are the subject of Section 33 of the (2) The amount of the deposit shall be equal to the sum of 18 times the amount of the special payment in the new use. (2) The amount of the deposit shall be equal to the amount of the amount of the special payment. Reduction referred to in paragraph 1. It shall be increased for officials who, on the day before they become effective, shall have a period of service
1.
have been completed by 15 years, to 21 times the amount of the reduction,
2.
have been completed by 20 years, to 24 times the amount of the reduction,
3.
have been completed by 25 years, to 27 times the amount of the reduction.
(3) The periods of service completed in the case of a diener and in the case of earlier dienstherrers shall be eligible for credit, provided that they are held in a ruthful state. In accordance with § § 8 and 9 of the Civil Service Act, the official or the official before the 3rd party are eligible for an official service. In the area referred to in Article 3 of the Agreement, it was completed in October 1990. The total eligible service period shall be calculated in years and days. Only full years of service are to be taken into account, with a remaining rest of more than 182 days being considered to be full year. (4) The official or the official was not, on the day before the translation, an office with a senior function in the civil servant's relationship with the sample. The total amount of the last permanent transferred office shall be taken as the basis for the transfer of time or office in a period of service. Unofficial table of contents

§ 6 Repayment of staff expenditure on secondhand for testing

In the case of § 2, the Federal Government may waive the reimbursement of staff expenditure by the receiving Dienstherrn for the duration of the secondation.

Section 3
Supply

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§ 7 Application of the Civil Service Act

In the case of § 4, the civil service provision law shall apply with the following measures:
1.
The rest period shall be increased by the period from the date of retirement to the date on which the civil servant or the official without the regulation of § 4 is not at the earliest due to reaching the age limit applicable to them or to him. would have been retired. For each year of the increase period in accordance with the first sentence, the rate of increase shall be 1.19583 per cent by way of derogation from the first sentence of Article 14 (1) of the German Civil Service Act (civil service law). The first sentence shall not apply to the extent that the time is already taken into account in accordance with other provisions as being held for rest purposes or in the event of failure to act on the grounds of leave of absence, the glory of the rights and obligations arising out of the civil service relationship or for other reasons. would have been taken into account as a ruhegeshelf.
2.
Section 14 (3) of the Staff Regulations of Officials shall not apply.
3.
Section 14a of the Staff Regulations of Officials shall apply mutas to the following measures:
a)
Retirement in accordance with § 4 shall be deemed to be an entry into retirement on account of the fact that a special age limit is reached.
b)
Only earned income from use in the public service within the meaning of Section 53 (8) of the Staff Services Act shall be taken into account.
4.
Section 48 of the Staff Services Act shall apply accordingly to civil servants of the Fire Brigade Service, who have been retired pursuant to § 4.
5.
§ 53 of the Staff Services Act is to be applied with the proviso that only earned income from a use in the public service is taken into account in the sense of Section 53 (8) of the Staff Services Act.
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§ 8 Evaluation

The Federal Ministry of Defence, in agreement with the Federal Ministry of the Interior, shall examine the provisions of this Act until 30 September 2014, in particular with the aim of evaluating the sustainability of the budget, and shall, in this connection, lay down the Cabinet before 31 December 2014.