General arrangement on the delegation of powers and the regulation of responsibilities in the field of civil servants ' rights in the field of the German Federal Railways

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DBBeamtRAnO 1976

Date of completion: 26.01.1976

Full quote:

" General arrangement on the delegation of powers and the regulation of responsibilities in the field of civil servants ' rights in the field of the German Federal Railways of 26 January 1976 (BGBl. 404), as set out in Section II, second sentence, of the order of 28 June 1982 (BGBl. 1012).

Status:

Modified by An. II sentence 2 AnO v. 28.6.1982 I 1012

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 28.7.1982 + + +) Unofficial table of contents

I.

We delegate the following powers to the following posts or service submissions-for each of their business units:

1.

the Head of the Personnel and Administration Department of the Main Administration of the German Federal Railways

in accordance with Section 30 (1) of the Federal disciplinary code (BDO) in the version of the notice of 20 July 1967 (Bundesgesetzbl. 750), as last amended by the seventh law amending the law on civil servants ' legal and employment law (duty-based part of the balancing of family costs) of 20 December 1974 (Bundesgesetzbl. 3716), to sign the disciplinary decisions of the supreme service authority with the addition "On behalf", in so far as they are officials of grades 1 to 15 of grade A of the Bundesbesoldungsgesetz (Federal Law on Remuneration);

2.

the President of the Federal Railways Directorate-General as the lead authorities

In accordance with Section 15 (2) of the BDO, the disciplinary powers over the retired civil servants of the simple, medium-sized and high-level service;

3.

The President of the Federal Railway Directorates, the Central Transport Administration, the Bundesbahn-Zentralämter, the Bundesbahn-Sozialamt and the Central Sales Management and the Director of the Central Office for Business Administration and Data Processing

According to Section 46 (2) of the Federal Civil Service Act (Bundesbeamtengesetz, BBG) in the version of the notice of 17 July 1971 (Bundesgesetzbl. 1181), as last amended by the Law on the Improvement of the Budgetary Structure (Budget Structure Act-HstructG) of 18 December 1975 (Bundesgesetzbl. 3091), in agreement with the Federal Minister of the Interior, the power to retire an official to a sample of a simple, medium or high level of service, provided that the official is rehearsed.

1.

a ten-year long-lasting service period,

2.

the 35. Year of life completed and

3.

the incapacity for incapacity is not itself;

4.

the Federal Railway Directorates, the Central Transport Administration, the Federal Railway Central Offices, the Federal Railways Social Office and the Central Sales Management Office, as well as the Central Office for Business Administration and Data Processing

a)

require, pursuant to § 64 BBG, the acquisition or continuation of a secondary activity in the civil service of an official,

b)

Pursuant to Section 65 (3) of the BBG, to approve and refuse an official of secondary activities, and to revoke authorisations,

c)

in accordance with § 70 of the BBG on the approval of the acceptance of rewards and gifts, the officials, even after termination of the civil service relationship, shall be granted in respect of their office. In the case of rewards and gifts issued to an official after termination of the contract, of the civil service relationship shall be authorized to take decisions of the authority of which the official was last consulted,

d)

pursuant to Section 126 (3) (2) of the Framework Law for the Unification of the Civil Service Law (Civil Service Law-BRRG), as amended by the Notice of 17 July 1971 (Bundesgesetzbl. 1025), as last amended by the HstructG, on the opposition of an official, retired civil servant, former official or a survivor to the remission or rejection of an administrative act, to the extent that such authorities or subordinated bodies responsible for remission or rejection of the administrative act,

e)

In accordance with point 5 of the circular of the Federal Minister of the Interior of 8 July 1965-II A 2-211 481/1-(Joint Ministerial Gazer p. 210), amended by circular of 14 March 1973-D I 4-211 481/1-(Joint Ministerial Gazing page p. 168), on the granting of legal protection in criminal matters to nationals of the German Federal Railways,

f)

Pursuant to Section 15 (2), second sentence, of the Federal Law on Remuneration (Bundesbesoldungsgesetz, BBesG), as amended by the Second Law for the Unification and Reregulation of the Law on Remuneration in the Federal Government and the Länder (2). BesVNG) of 23 May 1975 (Bundesgesetzbl. 1173), as last amended by the Law amending the designations of judges and honorary judges of 22 December 1975 (Bundesgesetzbl. 3176), the power to instruct the place of service pursuant to Article 15 (2) sentence 1 of the BBesG,

g)

pursuant to Section 8 (1) of the Regulation on the granting of jubilee grants to officials and judges of the Federal Government, as amended by the Notice of 7 May 1965 (Bundesgesetzbl. 410), as amended by the Second Regulation amending the Regulation on the granting of jubilee grants to officials and judges of the Confederation of 12 May 1967 (Bundesgesetzblatt I, p. 537), the power to grant official jubilee grants or failure to do so,

h)

According to § 6 (3) of the Federal Railways Ordinance of 27 April 1970 (Bundesgesetzbl. 422), as amended by the amending Regulation of 14 September 1972 (Federal Law Gazly I p. 1765), in the course of a career change of a civil servant of a simple, medium or high level of service, on the recognition of the qualifications for the new career decide;

5.

to order the Federal Railways Directorate pursuant to section 139 (3), Section 142 (5) of the BBG to order the medical examination of an official, recipient or former official who has been injured in the event of a service accident.

Footnote

Sect. I Nr. 4 Buchst. h Kursivdruck: Vgl. jetzt BLV v. 15.11.1978 I 1763 Unofficial table of contents

II.

We authorize-depending on your business unit-

1.

the Federal Railway Directorates

a)

in accordance with Article 4 (1) (2) (b) of the Law governing the legal conditions of persons covered by Article 131 of the Basic Law (G 131), as amended by the 13. October 1965 (Bundesgesetzbl. 1685), last amended by the 2nd BesVNG, to pronounce recognition as a settler,

b)

in accordance with Section 4 (2) G 131, to the persons referred to in Article 4 (1), first sentence, No. 1 G 131, to be treated as persons,

c)

in accordance with Section 35 (1) sentence 2 G 131, to determine the inability of an official to be re-used;

2.

the Federal Railway Directorates, the Central Transport Management Office, the Bundesbahn-Zentralämter, the Bundesbahn-Sozialamt, the Central Sales Management and the Central Office for Business Administration and Data Processing

a)

in accordance with Section 9 (5) of the Federal Travel Cost Act (BRKG) as amended by the Notice of 13 November 1973 (Bundesgesetzbl. 1621), as last amended by the HstructG, to grant subsidies for the daily allowance,

b)

In accordance with Section 11 (2) of the Federal Republic of Germany (BRKG), the day and night money (§ § 9, 10) in special cases up to a further 28 days to be approved,

c)

in accordance with § 18 of the Federal Republic of Germany (BRKG), in accordance with the general provisions adopted for this purpose, a flat-rate compensation shall be granted as a flat-rate compensation,

d)

in accordance with Section 2 (2) (3) of the Federal Law for the Law of the Federal Republic of Germany (BKG), as amended by the Notice of 13 November 1973 (Bundesgesetzbl. 1628), as last amended by the Seventh Law amending Civil Service and Remuneration Legislation, to pledge the repayment of remuneration on the occasion of the clearing of a federal office of the Confederation's official residence,

e)

in accordance with Section 2 (3) (3) of the BUKG, to grant the repayment of the removal costs on the occasion of the eviction of a rental apartment of the federal state or in the federal right of occupation of the Federal Republic of Germany,

f)

pursuant to Section 8 (6) of the Ordinance on Separation Money (TGV) of 22 November 1973 (Bundesgesetzbl. 1715), to approve the separation allowance on the basis of the repayment of the repayment of the costs of the removal,

g)

In accordance with point 5 of the guidelines of the Federal Minister of the Interior for the granting of advances in special cases (advance directives-VR) of 28 November 1975 on the applications for advances;

3.

the Federal Railway Directorates, the Central Transport Management, the Bundesbahn-Zentralämter, the Bundesbahn-Sozialamt, the Central Sales Management, the Central Office for Business Administration and Data Processing, the Federal Railway Offices, the General Offices of the Federal Railways, the Federal Railway Offices, the Federal Railway Offices, the Federal Railway Offices, the Federal Railway Directorates and Bundesbahn-Improvement Works

in accordance with Section 8 (6) of the TGV, to approve the severance allowance in cases in which the repayment of the removal costs has not been promised.

Footnote

Sect. II No 2 (f) and No. 3 italic pressure: See now § 9 para. 3 TGV v. 20.5.1986 I 745 Unofficial table of contents

III.

We determine that

1.

the Federal Railway Directorates, the Central Transport Management, the Bundesbahn-Zentralämter, the Bundesbahn-Sozialamt, the Central Sales Management and the Central Office for Business Administration and Data Processing-depending on their business area.

a)

in accordance with Section 60 of the BBG, a civil servant of a simple, medium or high level service may prohibit the conduct of business operations,

b)

In accordance with Section 29 (3) sentence 2 of the BBesG on the equivalence of the activities referred to in Article 29 (3), first sentence, of the BBesG, with the activity in the service of a public service employer, decide,

c)

in accordance with Section 31 (1) of the BBesG, prior to leaving the service, the service may be recognized in writing by the service interest in the exercise of another activity,

d)

in accordance with § 31 (2) sentence 2 of the BBesG, be able to acknowledge in writing at the latest upon termination of the leave, that this service interests or public concerns serve, to the extent that the recognition body is responsible for the leave of absence,

e)

in accordance with Section 66 (1) and (3) of the BBesG, may reduce the basic amount of the prewares,

f)

According to § 21 of the Federal Railways Act of 13 December 1951 (Bundesgesetzbl. 955), as last amended by the Fourth Law amending the Law on the Federal Constitutional Court of 21 December 1970 (Bundesgesetzbl. 1765), measures in accordance with Article 21 of the Federal Railways Act-with the exception of higher-service officials-

g)

In accordance with Part C No. 14 of the Guidelines of the Federal Minister of the Interior on the granting of school allowances to federal staff in the country in the recast of 23 December 1968 (Joint Ministerial Gazer 1969 p. 52), as last amended by circular The Federal Minister of the Interior of 20 February 1975-D III 7-213 361/5-(Joint Ministerial Gazan p. 280), responsible for the decision on the granting of national railway staff in Germany;

2.

the presidents of the Federal Railway Directorates, the Central Transport Administration, the Bundesbahn-Zentralämter, the Bundesbahn-Sozialamt, the Central Sales Management and the Director of the Central Office for Business Administration and Data Processing

In accordance with Section 31 (2) of the BDO, decide on the complaints against the disciplinary orders of their subordinated service subordinates;

3.

the Federal Railways Social Office in accordance with Part A, Section III, No. 7, and Part B, No. 8 of the Guidelines of the Federal Minister of the Interior, on the granting of aid for the travel of children and children to federal staff abroad of 30 December 1963 (Common Ministerial Gazet.1964 p. 107), as last amended by the circular of the Federal Minister of the Interior of 10 November 1975-D III 6-213 362/4-(Joint Ministerial Gazan p. 799),

for the decision on the granting of school and child travel allowances to Bundesbahnservants abroad.

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IV.

In accordance with Section 29 (4) of the BDO, we arrange for fines to be imposed, depending on the division of business:

1.

up to a quarter of the maximum permissible amount, up to a maximum of two hundred German marks, the boards of the Federal Railway Offices, the heads of the general representatives and the social services, the works directors of the Bundesbahn-repair works and the Director of the Bundesbahn-Versuchsanstalten (Federal Railways),

2.

up to a quarter of the maximum permissible amount, up to a maximum of one hundred Deutsche Mark, the heads of the main services and the office directors of the Federal Railway Directorates, the Central Transport Management, the Federal Railways Central Office, the Federal Railway Office, the Bundesbahn-Sozialamt, the Central Sales Manager as well as the Central Office for Business Administration and Data Processing.

The other service members not mentioned here within the meaning of Section 29 (3) No. 3 of the BDO are not entitled to impose fines. Unofficial table of contents

V.

1.

In accordance with § 155 (1) sentence 2 of the BBG, we transfer our powers as the Pension Enforcement Authority (granting of pension rights on the basis of canning regulations, taking into account periods of service as a period of rest, fixing the (b) pensions and the determination of the person of the payee) in accordance with points 3 to 6 below, with the consent of the Federal Minister of the Interior, to the Federal Railway Directorates.

2.

As pension control authorities to apply the rules on the suspension of pensions, to take other decisions on the implementation of the supply, to provide care for the beneficiaries and to pay the pensions , we also determine the Federal Railway Directorates, to the extent that nothing else is arranged below.

3.

The responsibility of the Federal Railway Directorates extends to all persons entitled to supply, in respect of which we have the authority to exercise the powers as the supreme service authority. However, we continue to reserve all pension rights decisions with the persons entitled to supply, who, upon entering the pension, take up a post at the head office of the Deutsche Bundesbahn or at the main examination office for the German Federal Railways (Bundesbahn). German Federal Railways, and with the survivors of this group of persons.

4.

The Federal Railway Directorates shall be responsible for all decisions relating to the supply of services, insofar as they do not

a)

are reserved by law or other regulations solely by the supreme service authority or jointly with the Federal Minister of the Interior,

b)

the implementation of § 121 (1) and § 122 (1) sentence 1, 2 of the BBG. The payment of the remuneration for the death month and the death penalty, as well as the necessary decisions in this case, are in these cases to the authorities who had to pay the salaries until the death of the official.

5.

Local authority

a)

for all decisions and support measures required before retirement, in accordance with Section V, Subsection 5 of the BBG (Accident Prevention), the Bundesbahndirektion (Bundesbahndirektion), whose President is the service manager of the accident-injured official, or- in the case of another directly subordinated authority, the Bundesbahndirektion, in whose field this authority has its registered office,

b)

in all other cases, the Bundesbahndirektion, in whose district the residence of the person entitled to supply or of his surviving dependants is situated. If the surviving dependants of a deceased official or retired civil servant live in different places, the Bundesbahndirektion (Bundesbahndirektion) shall be responsible for setting and regulating all remuneration (widow's allowance, orphan allowance, maintenance fee). in the district of which the widow or, if such a person does not exist, the youngest person entitled to supply is domicated. The place of residence shall take place in the case of beneficiaries who have no residence in the territory of the Federal Republic of Germany, who are permanently resident. A person entitled to a pension is resident or permanent resident outside the scope of the BBG, so remains responsible for the Federal Railways Directorate, which had to take care of him until then.

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VI.

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VII.

In individual cases, we reserve the right to take decisions in accordance with sections I to VI of this order. Unofficial table of contents

VIII.

This Regulation shall enter into force with effect from 1 February 1976. Unofficial table of contents

Final formula

Deutsche Bundesbahn
The Executive Board