Order Of The President Of The Federal Railway Assets Over The Appointment And Dismissal Of Civil Servants And Officials, About The Transfer Of Powers, The Control Of Powers In The Opposition Proceedings And Representation At Lawsuits...

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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Order 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 of actions in the case of actions of the Office of Officials in the Business Unit of the Bundeseisenbahnassets (delegation arrangement BEV)

Non-official 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 officials

According to section A.I. (b) of the Delegation arrangement BMVBW of 6. February 2002 (BGBl. 746), the last of which is the order of 10. January 2003 (BGBl. 127), I 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 Federal Ordinance of Officials of the Federal Republic of Germany

Bundesnebentätigkeitsverordnung) I transfer the power of the Federal Railway assets to the authorities,
1.
According to § 60 para. 1 of the Federal Officials Act, civil servants of the simple, medium or high-level Service to prohibit the management of business operations,
2.
pursuant to § 64 sentence 1 of the Federal Civil Service Act, the acquisition or continuation of a secondary activity in the public sector Service to request,
3.
pursuant to Section 65 (4) sentence 1 of the Federal Civil Service Act, to approve or refuse ancillary activities as well as permits to revoke,
4.
according to § 69a (1) and (3) of the Federal Civil Service Act (Bundesbeamtengesetz) the display of their retirement officers or former civil servants and former officials receive, and, where appropriate, prohibit such retirement benefits from employment or employment after the termination of the civil service,
5.
according to § 70 sentence 1 of the Federal Civil Service Act agree to the acceptance of rewards and gifts,
6.
pursuant to § 87 (2) sentence 3 of the Federal Civil Service Act, to refrain from the recovery for reasons of equity for amounts of up to EUR 1,000 in whole or in part; in this respect, I generally impart my consent,
7.
pursuant to Section 9 (1) of the Federal Ninth Regulation authorisations for the use of facilities, personnel or material of the Dientherrn
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III. Transfer of powers under the Federal Disciplinary Law

Bundesdisciplinary Law) I transfer the heads of the federal railway assets departments
1.
opposite the simple, medium-and high-service officials,
a)
according to § 33 para. 3 No. 1 of the Federal disciplinary law the power to fix the reduction of the service references up to the maximum,
b)
according to § 34 para. 2 of the Federal disciplinary law the power to impose disciplinary action,
c)
according to § 42 Section 1 of the Federal Disciplinary Act (Bundesdisciplinary Act), the jurisdiction to issue opposition modestals
2.
the exercise of disciplinary powers in relation to the Retirement officers of the simple, medium and high-level service according 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 have the power to delegate to the heads of the Federal Railways ' s services the power,
1.
pursuant to § 27 (4) sentence 2 of the Federal Law on the Granting of a Performance Level or Over To determine the inhibition of the ascent,
2.
pursuant to § 42a para. 2 sentence 7 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) on the granting of a benefit premium or a benefit allowance decision.
(2) I transfer the power of the federal railway assets to
1.
according to § 12 para. 2 sentence 3 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) to refrain from the recovery for reasons of equity for amounts of up to EUR 1,000 in whole or in part; to this extent, I give general my consent,
2.
according to § 15 para. 2 sentence 1 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) to instruct the official residence,
3.
pursuant to Section 28 (3) No. 3 of the Federal Law on Remuneration at the latest when the leave is terminated in writing, that this service interests or public concerns are used, as far as the recognised body is responsible for the leave of absence.
(3) I transfer the power to the office of the middle of the federal railway assets, according to point 57.1.15 of the General Administrative Regulation to the Federal Law on Remuneration. Rental grants for civil servants with a place of residence abroad (Section 52 (1) sentence 1 of the Federal Law on Remuneration) and on secondment from Germany to foreign countries or abroad (Section 58 (1) of the German Federal Law on Remuneration). decision.(4) I transfer the authority to the Südwest office of the Federal Railways Property, under point 57.1.15 of the General Administrative Regulation on the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) in rent grants matters by civil servants who are responsible for their activities. have their place of residence in a foreign place close to the border (Section 52 (3) of the Bundesbesoldungsgesetz) to decide on the border traffic. unofficial table of contents

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

I authorize the services of the Bundeseisenbahnassets,
1.
pursuant to § 11 (2) of the Federal Travel Covenant Law (§ § 9 and 10 of the Federal Travel Cost Act) in special cases for up to a further 28 days,
2.
after § 18 of the Federal Travel Covenant Act, in accordance with the general provisions adopted for this purpose, to grant a flat-rate compensation as a flat-rate compensation for expenses,
3.
according to § 4 para. 2 sentence 1 No. 2 of the Federal Law on Covenant Covenants the relocation cost compensation on the occasion of the eviction of a rental apartment in Germany or in the law of the federal law of the federal government
4.
According to § 1 (2) of the International Travel Costing Ordinance, according to the provisions adopted for this purpose, to arrange international service trips or to
The granting of a separation allowance under the separation money regulation is the responsibility of the federal railway assets department. unofficial table of contents

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

(1) I surpassed
1.
The center, 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 civil servants or former civil servants with pensions
a)
my powers under Section 49 (1) Sentence 1 and Section 6 of the Civil Service Act, unless otherwise specified in this order,
b)
my powers under Section 62 (3) of the Civil Service Act,
c)
the tasks of the utility carrier after
aa)
the law to regulate hardship in supply balance,
bb)
Article 4 of the law on other measures in the field of supply balancing,
cc)
§ 53b para. 2 of the law on the matters of voluntary jurisdiction
d)
the responsibility for reimbursement of expenses incurred by the insurance institutions in accordance with the conditions laid down in the Supply Compensation Reimbursement Regulation,
e)
the responsibility for all other decisions and measures of public service law, unless
f)
the power pursuant to Section 52 (2) sentence 3 of the Civil Service Supply Act, for amounts up to 1,000 euros from the recovery for reasons of equity, in whole or in part; to this extent, I generally give my consent
2.
the service office East Federal railway assets are the responsibility of
a)
for the recognition of service accidents according to § 45 (3) Sentence 2 of the Civil Service Supply Act and the clarification of whether the accident was caused intentionally, as well as for decisions pursuant to § 44 (2) sentence 1 of the Civil Service Act,
b)
for the approval of Accident Care Services in accordance with § § 32 to 35 and § § 43, 43a of the Civil Service Act,
c)
for the placement of an investigation by a doctor designated by her to reestablish the accident compensation in accordance with § 35 (3) sentence 2 of the Civil Service Act,
d)
for the placement of an examination by a doctor designated by it to check the degree of the reduction of the earning capacity according to § 38 (6) sentence 2 of the Civil Service Law,
e)
for the granting of a equity grant in accordance with the " Guidelines for equity payments in case of material damage incurred in the service ",
f)
for the reimbursement of property damage in cases where there is a statutory entitlement to reimbursement.
(2) I am holding,
1.
The introduction of pension rights decisions, which are a fundamental one, about the individual case
2.
Decisions pursuant to § 29 (1) and § 31 (5) of the Civil Service Act.
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VII. Delegation of powers under other rules.

I have the power to transfer the federal railway assets,
1.
Measures according to § 11 of the Federal Railway Restructuring Act-with the exception of the officers of the higher service-to meet,
2.
according to § 6 sentence 2 and § 8 sentence 2 of the special leave regulation on applications for special leave up to the duration of ten working days, or twelve working days in the holiday year under To determine the payment of the remuneration for the purposes set out in § § 5 to 7 of the Special Urals Ordinance,
3.
pursuant to Section 8 (1) of the Regulation on the Granting of Services of jubilee grants to officials and judges of the federal government officials of grades A 3 to A 15 jubilee grants to be granted or failing,
4.
according to § 6 paragraph 3 sentence 1 of the Federal Railways Ordinance on the career change of a civil servant or an official of the simple, medium or high service on the recognition of the Qualification for the new career to be decided,
5.
according to § 14 (1) sentence 4 of the Railways Ordinance on the Recognition of the qualification when switching to a To decide on an equivalent career in accordance with the provisions adopted for this purpose,
6.
in accordance with § 15 of the Railways Ordinance on probation in the probaation period.
7.
pursuant to § 18 (5) of the Railways Ordinance on admission to a career in the middle or upper level of the service to be admitted to the decision,
8.
according to the guidelines of the Federal Ministry of the Interior for the granting of advances in special cases of 28. TheMinistry of the Interior of the Federal Republic of Germany (Federal Ministry of the Interior)
decided to decide on the advance of the project in November
. 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, medium and high-level service and comparable Workers and workers to decide.
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VIII. Regulation of competences in opposition proceedings in matters of civil servants ' affairs

I transfer the powers of the heads of the departments of the Bundeseisenbahnassets (Bundeseisenbahnassets) to § 126 (§ 126) of the Federal Civil Service Act (Bundesbeamtengesetz). 3 No. 2 of the Civil Service Law Framework Law on the objection of officials, retired officials and retired officials, former officials or survivors against the enactation or rejection of a the administrative act to the extent that they or bodies of the privatised companies in the railway reform sector were responsible for the adoption or rejection of the administrative act. 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 to the services of the Federal Railways assets in the case of claims from the civil service relationship, insofar as they are based on this An arrangement for the decision on contradictions is responsible. unofficial table of contents

X. Conditional clause

In individual cases, 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 version in force.(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 20. January 1994 (announcement of Deutsche Bahn No 13 of 30 January 1994). March 1994, lfd. No 125), the General Order on the transfer of powers in the field of disciplinary law in the field of federal railway assets of 9. November 2001 (BGBl. 3229) and the General Order on Representation in the case of claims arising from the civil service relationship in the field of the Federal Railway assets of the 13. January 2000 (BGBl. 102).