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Arrangement of the President of the Federal Railways assets on the appointment and dismissal of civil servants, on the delegation of powers, the regulation of powers in the opposition proceedings and the representation at the Court of Appeal ...

Original Language Title: Anordnung des Präsidenten des Bundeseisenbahnvermögens über die Ernennung und Entlassung von Beamtinnen und Beamten, über die Übertragung von Befugnissen, die Regelung von Zuständigkeiten im Widerspruchsverfahren und die Vertretung bei Klagen au...

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Arrangement of the President of the Federal Railways assets on the appointment and dismissal of officials, on the delegation of powers, the regulation of powers in the opposition proceedings and the representation in cases of actions taken by the Federal Railways Civil servant relationship in the division of the Federal Railway assets (delegation arrangement BEV)

Unofficial table of contents

DelegationsAnO BEV

Date of completion: 24.08.2005

Full quote:

" Delegation arrangement BEV of 24 August 2005 (BGBl. I p. 2515) "

Footnote

(+ + + Text evidence from: 26.  8.2005 + + +) 

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I. Appointment and dismissal of civil servants

According to Section A. I. b) of the Delegation Arrangement BMVBW of 6 February 2002 (BGBl. 746), as last amended by the order of 10 January 2003 (BGBl. 127), I shall transfer the exercise of the right of appointment and dismissal of officials up to grade A 13 (superior service) and the corresponding civil servants, until they have been appointed to the Heads of the Federal Railways ' s services. Unofficial table of contents

II. Delegation of powers under the Federal Civil Service Act and the Bundesnebentätigkeitsverordnung

I transfer the power of the Federal Railway assets to the services of the Federal Railways
1.
According to Section 60 (1) of the Federal Civil Service Act (Bundesbeamtengesetz) to prohibit officials from the simple, medium-or high-ranking service from conducting business operations,
2.
Pursuant to § 64 sentence 1 of the Federal Civil Service Act (Bundesbeamtengesetz), require the acquisition or continuation of a secondary activity in the public service,
3.
Pursuant to Section 65 (4) sentence 1 of the Federal Civil Service Act (Bundesbeamtengesetz), to approve or refuse to refuse as well as to withdraw authorisations,
4.
in accordance with Section 69a (1) and (3) of the Federal Civil Service Act, the display of their retirement officers or former officials and former officials with pensions on employment or gainful employment after the end of the to receive an official relationship and, where appropriate, to prohibit such a relationship,
5.
agree to the acceptance of rewards and gifts in accordance with § 70 sentence 1 of the Federal Civil Service Act,
6.
In accordance with Section 87 (2) sentence 3 of the Federal Civil Service Act, to refrain from the recovery in whole or in part for reasons of equity, for sums of up to EUR 1,000; in this respect I generally give my consent,
7.
to grant authorisations for the use of facilities, personnel or material of the Dienstherrn in accordance with Section 9 (1) of the Federal Ordinance on Validity of the Federal Government.
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III. Delegation of powers according to the Federal disciplinary law

I transfer the heads of the federal railway assets and services
1.
to the officials of the simple, medium-sized and high-level service,
a)
In accordance with Section 33 (3) (1) of the Federal disciplinary law, the power to fix the reduction in remuneration to the maximum extent,
b)
In accordance with Section 34 (2) of the Federal disciplinary law, the power to impose disciplinary proceedings,
c)
Pursuant to Section 42 (1) of the Federal disciplinary law, jurisdiction to issue opposition modestals,
2.
the exercise of disciplinary powers vis-à-vis the retirement officers of the simple, medium and high-level service pursuant to § 84 sentence 1 of the Federal disciplinary law.
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IV. Delegation of powers under the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) and supplementary provisions

(1) I shall be empowered to transmit to the heads of the Federal Railways ' s services the power to:
1.
in accordance with Section 27 (4), second sentence, of the Federal Law on the Law of the Federal Republic of Germany on the granting of a performance level or on the inhibition of the ascent,
2.
in accordance with Section 42a, Section 2, sentence 7 of the Federal Law on Pay, on the approval of a benefit premium or a benefit allowance.
(2) I shall be empowered to carry out the services of the Federal Railways
1.
In accordance with Section 12 (2) sentence 3 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz), from the recovery for reasons of equity, to refrain from any partial or partial amounts of sums up to EUR 1,000; in this respect, I generally give my assent,
2.
in accordance with the first sentence of section 15 (2) of the Federal Law on Remuneration, to have the official residence,
3.
In accordance with Section 28 (3) (3) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) at the latest upon termination of the holiday in writing, it must be acknowledged in writing that this service interests or public concerns are served, insofar as the recognition body is responsible for the leave of absence.
(3) I transfer the authority to the Centre of the BundeseisenbahnAssets (Bundeseisenbahnassets), under point 57.1.15 of the General Administrative Regulation on the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) in rent-grant matters by civil servants with a place of service in the Germany (§ 52 (1) sentence 1 of the Bundesbesoldungsgesetz) and on secondment from Germany to foreign countries or abroad (Section 58 (1) of the Bundesbesoldungsgesetz) to decide. (4) I surpassed the Südwest office of the Federal Railways Power to act under point 57.1.15 of the General Administrative Regulation Federal Remuneration Act (Bundesbesoldungsgesetz) in rent-and-subsidy matters by civil servants who, because of their work on the border traffic, have their place of residence in a foreign place close to the border (Section 52 (3) of the Bundesbesoldungsgesetz), to decision. Unofficial table of contents

V. Transfer of powers according to the Federal Travel Cost Act, Federal Transfer Coventions Act and other provisions

I authorize the services of the federal railway assets,
1.
In accordance with Section 11 (2) of the Federal Travel Covenant Act (Bundesreisekostengesetz), the day and night money (§ § 9 and 10 of the Federal Travel Cost Act) in special cases up to a further 28 days to be approved,
2.
in accordance with Section 18 of the Federal Travel Covenant Act, in accordance with the general provisions adopted for this purpose, a flat-rate compensation shall be granted as a flat-rate compensation for expenses,
3.
in accordance with Section 4 (2), first sentence, No. 2 of the Federal Law on the Rights of the Federal Law of the Federal Republic of Germany, the repayment of the costs of repayment on the occasion of the eviction of a rental apartment of the federal state or in the right of the federal government
4.
order or to authorise foreign missions in accordance with the provisions of Section 1 (2) of the Foreign Travel Costing Regulation in accordance with the provisions adopted in this connection.
The granting of separation money under the separation money ordinance is the responsibility of the Federal Railways ' s services. Unofficial table of contents

VI. Delegation of powers under the Civil Service Act (BeamtVG) and supplementary provisions

(1) I surpassed
1.
the departments of Central, North (at the same time also for the department of East), South, Southwest and West of the Federal Railway assets for the officials assigned to them, as well as retired officials and former civil servants or former Officials and former officials with pensions
a)
my powers pursuant to section 49 (1) sentence 1 and (6) of the civil service law, unless otherwise specified in this order,
b)
my powers under Section 62 (3) of the Staff Regulations of Officials,
c)
the tasks of the supplier of
aa)
the law governing the settlement of hardship in supply compensation;
bb)
Article 4 of the Law on further measures in the field of supply compensation,
cc)
Section 53b (2) of the Law on the Matter of Voluntary Jurisdiction,
d)
responsibility for the reimbursement of expenses incurred by the insurance institutions in accordance with the provisions of the Regulation on the compensation for pensions,
e)
the competence for all other decisions and measures of public service law, unless otherwise specified by legislation or by this order,
f)
the power pursuant to Section 52 (2) sentence 3 of the Civil Service Act to refrain in whole or in part from the recovery of amounts up to EUR 1,000 from the recovery; in this respect I generally give my consent,
2.
Responsibility for the East of the Federal Railway assets
a)
for the recognition of service accidents pursuant to section 45 (3) sentence 2 of the Civil Service Act and the clarification of whether the accident was caused intentionally, as well as for decisions pursuant to section 44 (2) sentence 1 of the civil service provision law,
b)
for the approval of accident insurance services in accordance with § § 32 to 35 and § § 43, 43a of the civil service provision law,
c)
for the arrangement of an investigation by a doctor designated by it for the purpose of reestablishing the balance of the accident in accordance with Section 35 (3) sentence 2 of the German Civil Service Act (civil servants ')
d)
for the arrangement of an examination by a doctor designated by it for the purpose of checking the degree of the reduction of the earning capacity in accordance with section 38 (6) sentence 2 of the Staff Regulations of Officials,
e)
for the granting of a payment of equity under the "Guidelines for Equity Losses in the case of property damage incurred in service",
f)
for the reimbursement of property damage in cases where there is a legal entitlement to reimbursement.
(2) I'm going to keep myself
1.
the introduction of public service decisions, which have a fundamental meaning beyond the individual case,
2.
Decisions pursuant to Section 29 (1) and Section 31 (5) of the German Civil Service Act (BeamtenSupply Act)
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VII. Delegation of powers under other rules

I transfer the power of the Federal Railway assets to the services of the Federal Railways
1.
to take measures in accordance with § 11 of the Federal Railway Restructuring Act, with the exception of officers of the higher service,
2.
pursuant to § 6 sentence 2 and § 8 sentence 2 of the special leave-of-leave regulation on applications for the granting of special leave up to a period of ten working days or to decide twelve working days during the holiday year in the form of a payment of the remuneration for the purposes specified in sections 5 to 7 of the special provisions of the special leave regulation,
3.
in accordance with Article 8 (1) of the Regulation on the granting of jubilee grants to officials and judges of the Federal Government, to grant or refuse to grant 15 jubilee grants to officials of grades A 3 to A 15,
4.
to decide, in accordance with Article 6 (3), first sentence, of the Federal Railways Regulation (Bundeslaufbahnverordnung) in the course of the change of career of a civil servant or an official of a simple, medium or high level of service, on the recognition of the qualifications for the new career;
5.
to decide, in accordance with Article 14 (1), fourth sentence, of the Railways Regulation on the recognition of the ability to move to an equivalent career in accordance with the provisions adopted for this purpose,
6.
in accordance with § 15 of the Railways Ordinance on probation, to decide in the probaation period,
7.
to decide, in accordance with Article 18 (5) of the Railways Ordinance on admission to the promotion of a career in the middle or upper level of service,
8.
to decide, in accordance with the guidelines of the Federal Ministry of the Interior, for the granting of advances in special cases of 28 November 1975 on applications for advances,
9.
Having regard to the circular of the Federal Ministry of the Interior of 29 November 1999-DI 3-211 481/1-on the granting of legal protection in criminal matters for federal staff on the granting of legal protection for civil servants of the simple, middle and high-level service and comparable workers.
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VIII. Regulation of competences in opposition proceedings in matters of civil servants

I transfer the power of the directors of the Federal Railway Service's services, in accordance with § 172 of the Federal Civil Service Act, in conjunction with Section 126 (3) No. 2 of the Civil Service Law Framework Act on the objection of civil servants. Officials, retired officials, former officials and former officials or survivors to decide against the enactment or rejection of an administrative act, in so far as they or entities of the privatised undertakings in the Railway reform area responsible for the adoption or rejection of the administrative act were. Unofficial table of contents

IX. Representation in the case of claims arising from the civil service relationship

In accordance with Section 174 (3) of the Federal Civil Service Act, I transfer the representation of the Dienstherrn in the case of claims from the civil service relationship to the departments of the Federal Railways assets, insofar as they are in accordance with this order for the decision on contradictions are responsible. Unofficial table of contents

X. Reservation clause

In the individual case, I shall be responsible for the areas I to IX of this order. Unofficial table of contents

XI. Final provisions

(1) Where reference is made in this order to regulations, these are to be applied in the respectively applicable version. (2) This arrangement shall enter into force with publication in the Federal Law Gazans Part I. At the same time, the President of the Bundeseisenbahnassets (Bundeseisenbahnfortune) is appointed to appoint and dismiss officials and to transfer powers in the field of civil servant law in the division of the Federal Railway assets of the Federal Railways 20 January 1994 (announcement of Deutsche Bahn No 13 of 30 March 1994, lfd. 125), the General Order on the transfer of powers in the field of disciplinary law in the field of Federal Railways ' assets of 9 November 2001 (BGBl. 3229) and the General Order on Representation in the case of claims arising from the civil service relationship of 13 January 2000 (BGBl). 102).