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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Read the untranslated law here: http://www.gesetze-im-internet.de/bwbeamtausglg/BJNR158600012.html

Law to the carve-out of civil servants and officers of the Bundeswehr (German armed forces officials and Bundeswehr officials carve-out law BwBeamtAusglG) BwBeamtAusglG Ausfertigung date: 21.07.2012 full quotation: "Bundeswehr officials and Bundeswehr officials carve-out law by 21 July 2012 (BGBl. I S. 1583, 1586)" footnote (+++ text detection from: 26.7.2012 +++) the G was decided as article 2 of the G v. 21.7.2012 I in 1583 by the Bundestag.
It is under article 18 paragraph 1 of this G on the 26.7.2012 entered into force section 1 service law § 1 scope of application this law applies to civil servants and officials in the Division of the Ministry of defence, which can still be used because of the reduction of the staff of German armed forces in the Division of the Ministry of defence, nor in the Division of other Supreme Federal Authority in a reasonable manner.

§ 2 use in other service men up to 31 December 2017 officials and civil servants for re-use in other masters before the transfer should be seconded usually up to six months to test there. This also applies to a re-use at a federal agency.

§ 3 leave of absence (1) may be granted civil servants and officials for an activity which is not used in the sense of article 53 paragraph 8 of the officials supply Act, until December 31, 2017 for no longer than three years leave without pay. Business interests are served by the leave of absence.
(2) until December 31, 2017 holiday without pay may be granted at the request of officials and civil servants, when official concerns do not preclude the, for an activity which is not used in the sense of article 53 paragraph 8 of the officials supply Act, until the beginning of retirement. A return from holiday is allowed if the continuation of leave cannot be expected to the officer or the officer. The period of the leave of absence pursuant to sentence 1 is ineligible for pension.
(3) in cases the leave of absence referred to in paragraph 2 sentence 1 assumes ongoing voluntary contributions (§ 7 of the sixth book of the social code) for so many months, as are still necessary for the fulfilment of the general waiting period according to article 50, paragraph 1, of the sixth book of the social code the Federal Government. This applies also in cases of return referred to in paragraph 2 sentence 2. As a contribution base covers are for each month to use, received by the official or officials in the last month before the leave of absence.
(4) in the case of a payment of voluntary contributions pursuant to section 282 paragraph 3 of the sixth book of the social code, the Federal Government takes over the voluntary contributions for so many months, as are still necessary for the fulfilment of the general waiting period according to article 50, paragraph 1, of the sixth book of the social code. Paragraph 3 shall apply to the contribution base rate 3 according to.

§ 4 transfer until December 31, 2017 up to 1 050 officials and officials at the request of retiring can be offset in retirement, if 1 can the 60th year of life have completed them, 2 they a federal authority nor public service Lord in a reasonable manner be used and 3 other official reasons do not preclude;
the Ministry of Defense finds a necessary need for more Zurruhesetzungen after September 30, 2014, it can admit without prejudice to article 8, that total up to 1 500 officials and officials at the request of retiring are transferred under the conditions of the numbers 1 to 3 until December 31, 2017.
Section 2 financial compensation article 5 payment (1) civil servants and officials who transferred until 31 December 2017 to other masters, where the § § 13, 19a or 19B of the federal pay law or comparable national regulations not be applied, receive an payment ineligible for pension. She will be granted if the sum of the monthly basic salary, the supplements complement the basic salary, the family allowance, the job and compensatory allowances and the performance remuneration granted not as a lump sum, that comply with article 33 of the federal pay law, and the interest on these amounts payment in the new use is lower than in the previous use at the time of the transfer.
(2) the payment corresponds to the 18fachen amount of the reduction referred to in paragraph 1. You increase for civil servants and officials who have completed a qualifying period of service 1 of 15 years on the day before the effect of the transfer on the 21fache of the amount of the reduction, 2 of 20 years have completed, the 24 x the amount of the reduction, 3. 25 years have completed on the 27fache of the amount of the reduction.
(3) eligible are the service times which were completed with the transferor employer and former service men, unless they qualify for pension. Also military service and comparable times according to §§ 8 and 9 of the officials supply Act, which set aside the officer or the officer before October 3, 1990, in the area referred to in article 3 of the Unification Treaty are eligible. The entire eligible service period is to compute in years and days. Only full years of service, with a remaining remnant of more than 182 days, full year are taken into account.
(4) an official with managerial capacity in the civil servant on trial duration or an Office in a service relationship on time was the officer or the officer on the day before the transfer transfer, is the total amount from the last permanently transferred Office to apply.

§ 6 reimbursement of the staff expenditure under secondment to the test In the case of article 2 may waive the Federal Government for the duration of the secondment of personnel expenditure by the host employer reimbursement.
Section 3 supply § 7 application of the officials supply Act In the case of section 4 is to apply the civil servants act with the following stipulations: 1 the pension-enabled service time increases around the time of the transfer to retire until the time at which the officer or the officer without the provision of § 4 at the earliest because the applicable for him or her age in retirement would have. For each year of the boost period pursuant to sentence 1 the rate of increase percent 1,19583 by way of derogation from § 14 paragraph 1 sentence 1 of the officials supply law. Sentence 1 shall not apply as far as the time after other provisions capable of pension will be considered as, or by remaining in service due to leave of absence, the suspension of the rights and duties of the civil service or for any other reason not considered pension eligible would be taken.
2. § 14 paragraph 3 of the officials supply Act is not applicable.
3. is section 14a of the officials supply act with following stipulations accordingly to apply: a) the transfer to retirement according to § 4 considered retirement because a specific age limit.
b) only income from the use in the public service within the meaning of article 53 paragraph 8 of the officials supply law is taken into account.
4. § 48 of the officials supply law on civil servants and servants of usage the fire brigade, which are transferred pursuant to § 4 in the retirement is apply mutatis mutandis.
5. section 53 of the officials supply Act is to apply subject to the proviso that only income from the use in the public service within the meaning of article 53 paragraph 8 of the officials supply law is taken into account.

§ 8 evaluation the Ministry of defence examines the provisions of this Act in agreement with the Federal Ministry of the interior until 30 September 2014 in particular with the aim of assessing the budgetary capacity and to do this, submit a report by 31 December 2014 the Cabinet.