Law To The Carve-Out Of Civil Servants And Officers Of The Bundeswehr

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

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Law on the breakdown of civil servants of the Federal Armed Forces (Bundeswehr officials and Bundeswehr officers)

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Date of departure: 21.07.2012

Full quote:

" Bundeswehr officials and Bundeswehr officials ' Breakdown Act of 21. July 2012 (BGBl. I p. 1583, 1586) "


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

The G was defined as the article 2 of the G v. 21.7.2012 I 1583 adopted by the Bundestag.
It is gem. Art. 18 (1) of this G entered into force on 26.7.2012

Section 1

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§ 1 Scope of application

This law applies to civil servants in the Division of the Federal Ministry of Defence, who are neither in the division of the Federal Armed Forces because of the reduction of the staff of the Bundeswehr. Federal Ministry of Defence can still be used in the business area of another supreme federal authority in a reasonable way. Non-official table of contents

§ 2 Usage with other servants

Up to 31. In December 2017, officials for re-use with other dieners prior to the transfer will usually 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. Non-official table of contents

§ 3 leave of leave

(1) Up to 31. As of December 2017, civil servants for an activity which is not used within the meaning of Section 53 (8) of the Staff Regulations of Officials may be granted on application for a maximum of three years ' leave without remuneration. The leave of absence serves the interests of the service.(2) Up to 31 In December 2017, civil servants may, if they are not in conflict with the law, 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 the Retirement benefits are granted. A return from the holiday shall be permitted if the official or the official cannot be allowed to continue the holiday. The period of leave of absence according to the first sentence shall not be held in a ruthless state.(3) In the case of the leave of absence referred to in the first sentence of paragraph 2, the Federal Government shall take on current voluntary contributions (§ 7 of the Sixth Book of Social Code) for as many months as the general waiting period pursuant to § 50 (1) of the Sixth Book 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. The contribution basis shall be the reference for each month of the references received by the official or official in the last calendar month preceding the leave of absence.(4) In the case of a repayment of voluntary contributions in accordance with Section 282 (3) of the Sixth Book of Social Code, the Federal Government shall make voluntary contributions for as many months as for the fulfilment of the general waiting period pursuant to Section 50 (1) of the Sixth Book of Social Code (Social Code) Book Social Code is still required. In the case of the contribution assessment, the third sentence of paragraph 3 shall apply accordingly. Non-official table of contents

§ 4 retired

Up to 31. December 2017, up to 1,050 civil servants can be retired upon request if
they are the 60.
they cannot reasonably be used either at a federal authority or in any other public service service and
Other official reasons do not conflict;
represents the Federal Ministry of Defense after the 30. Without prejudice to § 8, the provisions of points 1 to 3 may allow until 31 September 2014 to establish an unceable need for further lashing-up networks, under the conditions laid down in points 1 to 3. December 2017, up to 1 500 civil servants will be retired on request.

Section 2
Financial compensation

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§ 5 one-time payment

(1) civil servants who are up to the 31. A non-slip-free one-off payment will be paid in December 2017 to other service companies in which § § 13, 19a or 19b of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) or comparable national law regulations are not applied. 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 provided for in Article 33 of the Treaty, shall be granted. As well as the special payment on these amounts in the new use, the special payment shall be less than in the previous use at the time of the translation.(2) The one-off payment shall be equal to 18 times the amount of the reduction referred to in paragraph 1. It shall be increased for officials who have completed a period of service
of 15 years prior to the date of implementation of the translation, to which: 21 times the amount of the reduction,
completed from 20 years, to 24 times the amount of the decrease,
from 25 years completed, to 27 times the amount of the reduction.
(3) Ineligible are the service times that occurred at the dienser and at the previous Dienstherren have been completed as long as they are capable of being ruhedpreserved. 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. The Council of the European Union, in the area referred to in Article 3 of the Agreement, completed the period in question in October 1990. The total eligible service period shall be calculated in years and days. Only full years of service shall be taken into account, with a remaining rest of more than 182 days being considered to be full year.(4) If, on the day before the transfer, the official or the official was not assigned an office with a senior function in the official relationship to the sample in a period of time or an office in a service ratio of time, the total amount from the last permanent service shall be permanent. to the Office. Non-official table of contents

§ 6 Repayment of staff expenditure on secondhand for testing

In the case of § 2, the Federal Government may for the duration of the secondhand Do not reimburse the reimbursement of staff expenses by the receiving service.

Section 3

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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:
The rest period of service is increased by the time from the retirement to the date when the official or the official without the regulation of § 4 is not at the earliest the retirement age would have been due to the age limit applicable to them or to the age limit. In the case of 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 Staff Regulations. 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.
§ 14, paragraph 3, of the Civil Service Act is not applicable.
§ 14a of the BeamtenSupply Act is to be applied accordingly with the following measures:
The Retirement pension in accordance with § 4 shall be deemed to be an entry into retirement due to the achievement of a special age limit.
Only earned income from a use in the public service within the meaning of Section 53 (8) of the Staff Services Act
§ 48 of the Staff Services Act (civil service law) is available on civil servants and Officials of the Fire Brigade Service, who have retired pursuant to § 4, shall apply accordingly.
§ 53 of the Staff Regulations of Officials is the To apply the requirement that only earned income from use in the public service within the meaning of Section 53 (8) of the Staff Services Act is taken into account.
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§ 8 Evaluation

The Federal Ministry of Defense, in agreement with the Federal Ministry of the Interior, is examining the regulations of this law until the 30th of the year. In particular with the aim of assessing the budgetary sustainability, September 2014 is to submit to the Cabinet up to 31 December 2014. December 2014, a report.