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Law on the adaptation of the personnel structure of the armed forces

Original Language Title: Gesetz zur Anpassung der personellen Struktur der Streitkräfte

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Law for the adaptation of the personnel structure of the armed forces (Armed Forces Personnel Structure Adaptation Act-SKPersstructAnpG)

Unofficial table of contents

SKPersstructAnpG

Date of completion: 21.07.2012

Full quote:

" Forces personnel structure adaptation law of 21 July 2012 (BGBl. I p. 1583) "

Footnote

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

The G was decided by the Bundestag as Article 1 of the G v. 21.7.212 I 1583.
It's gem. Art. 18 (1) of this Act entered into force on 26.07.2012.

Section 1
Service

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§ 1 leave of absence

(1) By 31 December 2017, in order to reduce the number of soldiers, professional soldiers may, on request, be on a leave of absence for a period of three years with a view to the transfer of the money and in kind, in order to:
1.
to perform a test period for any other use in the public service; or
2.
to qualify for equivalent other use in the public service.
(2) With the end of the leave of absence, the professional soldier or the professional soldier is dismissed. § 46 (3a) and § 49 (4) of the Soldatengesetz (Soldatengesetz) are not applicable. The first sentence shall not apply if the leave of absence is revoked on the grounds of service or at the request of the or the leave of absence for the resumption of the service. Such a request must be met, unless the professional soldier or the professional soldier has intentionally or grossly negligently foiled the equivalent use in the public service. (3) To reduce the number of female soldiers and soldiers may, until 31 December 2017, be granted to professional soldiers on application leave for a maximum period of three years, in the event of a continuation of the cash and in-kind references, in order to carry out an activity which is not used within the meaning of Section 53 (1) (a) 6 of the SoldatenSupply Act. The leave of absence serves the interests of the service. (4) In order to reduce the number of soldiers, professional soldiers can, by 31 December 2017, be able to do so, if there is no need for service, upon request until the beginning of the Retirement leave under the continuation of the money-and in-kind benefits are granted
1.
for an activity which is not a use within the meaning of Article 53 (6) of the SoldatenSupply Act, or
2.
in the area covered by Article 53 (6) (2) and (3) of the SoldatenSupply Act (SoldatenSupply Act), for an activity as a collective wage or collective bargaining employee.
On request the leave of absence shall be revoked if the professional soldier or the professional soldier cannot be allowed to continue his/her continuation. The period of leave of absence according to the first sentence is not liable to rest. (5) In the cases of leave of absence provided for in the first sentence of paragraph 4, the Federal Government takes on current voluntary contributions (§ 7 of the Sixth Book of Social Code) for as many months as it is to fulfil the the general waiting period in accordance with § 50 (1) of the Sixth Book of the Social Code is still required. This shall also apply in the case of the return referred to in the second sentence of paragraph 4. For each month, the contribution basis shall be based on the references obtained by the professional soldier or the professional soldier in the last calendar month preceding the leave of absence. (6) 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 the general waiting period pursuant to Section 50 (1) of the Sixth Book. The Social Code is still required. In the case of the contribution assessment, the third sentence of paragraph 5 shall apply accordingly. Unofficial table of contents

§ 2 Replacement into retirement before reaching the age limit

(1) Up to 31 December 2017, up to 2 170 professional soldiers may be retired with their consent, if:
1.
this is necessary to reduce the number of soldiers,
2.
a reasonable re-use is not possible in the case of a federal authority or in the case of another public service service,
3.
do not stand in the way of any other official reasons for retirement; and
4.
the professional soldiers of the 40. Have completed a period of service of at least 20 years;
After 30 September 2014, the Federal Ministry of Defence shall establish an unavoidable need for further lashing-up networks, without prejudice to § 11, that under the conditions of points 1 to 4 to 31 December 2017 a total of up to 3 100 occupational soldiers will be retired with their consent. For professional subofficers, the 50. years of life, and professional officers, who are the 52. (2) In the sense of paragraph 1, periods within the meaning of § 15 shall be deemed to be a period of service within the meaning of paragraph 1, and shall be subject to the condition that a person may be relocated to the person in which he is entitled to retire. Paragraph 2 and Section 23 (1) of the Soldier Supply Act shall be taken into account in so far as they are durable. (3) The retirement shall be provided by the body designated pursuant to Section 4 (2) of the Soldatengesetz (Soldatengesetz) for the appointment of the professional soldatin or the professional soldier. The offer shall be sent in writing no later than three months before the beginning of the retirement. It may be revoked until the beginning of retirement, if service reasons require the continuation of the employment relationship and the continuation, taking into account the personal, in particular domestic, professional or economic (4) In retirement, the term of service may be used with the addition of "out of service" or " a. D. ". This addition is omitted during a renewed military service relationship.

Section 2
Financial compensation

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§ 3 EinmalPayment

(1) Professional and professional soldiers who have been dismissed by 31 December 2017 in accordance with Article 1 (2), first sentence, shall receive a non-ruthful one-off payment if the sum of the basic monthly salary, the supplementary allowances the basic salary, the family surcharge, the points and compensatory allowances and the special payment to be paid to these amounts at the beginning of the new use is less than in the previous use at the time of dismissal. The first and second sentence of the first and second sentences shall not apply if the new service or employment relationship is the same for the same reason as the employee or employee of a public service employer. Compensation in accordance with § § 13, 19a or 19b of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) or comparable national or collective agreements. (2) The one-off payment is equal to the amount of 18 times the reduction referred to in paragraph 1. It shall be increased for professional and professional soldiers who, at the time of dismissal, shall be eligible for a period of service
1.
have been completed by 15 years, to 21 times the amount of the reduction,
2.
have been completed by 20 years, to 24 times the amount of the reduction,
3.
have been completed by 25 years, to 27 times the amount of the reduction.
(3) The periods of service completed in the case of a diener and in the case of earlier dienstherrers shall be eligible for credit, provided that they are held in a ruthful state. Service periods according to § 64 (1) sentence 1 (4) of the Soldier Supply Act, which the Soldatin or the soldier before the 3 are also eligible are also eligible for payment. In the area referred to in Article 3 of the Agreement, it was completed 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. Unofficial table of contents

§ 4 Costs of participation in qualification measures

The necessary costs of participation in qualification measures for the change to the public service within the meaning of § 1 shall be taken over by the Federal Government until 31 December 2017.

Section 3
Supply

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§ 5 Application of the SoldatenSupply Act

The supply
1.
the professional soldiers covered by § 2,
2.
professional soldiers whose duty is to be converted until 31 December 2017 in accordance with § 45a of the Soldatengesetz (Soldatengesetz),
3.
the professional soldiers who are in breach of the special age limit laid down for officers in use as an aircraft operator or a weapons system officer in jet-powered combat aircraft (Article 45 (2) (6) of the Code) Soldatengesetz) are to be retired until 31 December 2017,
4.
the temporary and temporary soldiers whose requests for shortening of the service period pursuant to Section 40 (7) of the Soldatengesetz (Soldatengesetz) are to be granted until 31 December 2017,
as well as of their survivors shall be determined in accordance with the SoldatenSupply Act in accordance with the following provisions. Unofficial table of contents

§ 6 Care for retirement in accordance with § 2 (1) sentence 1

(1) A professional soldier or a professional soldier who has been retired pursuant to Article 2 (1), first sentence, shall receive, in addition to the pension, a one-off compensation of EUR 10 000 for each year in order to ensure that the person concerned is transferred to the He or she shall be retired before the date on which he or she could have retired without this provision at the earliest in accordance with § 44 (2) sentence 1 of the Soldatengesetz (Soldatengesetz). If no special age limit is fixed for the professional soldier or the professional soldier pursuant to Section 96 (2) (1) of the Soldatengesetz, the one-off compensation shall be EUR 10 000 for each year in order to retire before the retirement pension. The date on which the professional soldier or the professional soldier would have retired without the provision of the first sentence of Article 2 (1) pursuant to § 44 (1) sentence 1 in conjunction with Section 45 (1) of the Soldatengesetz (Soldatengesetz). In the case of the application of the first and second sentences, one twelfth of EUR 10 000 shall be granted for the remaining calendar months. (2) In the case referred to in the first sentence of Article 2 (1):
1.
§ 16 of the Soldatenpensions Act is to be applied with the proviso that, as a period of service, the times are taken into account as service periods within the meaning of Article 15 (2) of the SoldatenSupply Act, plus the Periods which are stable pursuant to Article 23 (1) of the Soldatenpensions Act.
2.
§ 26a of the SoldatenSupply Act shall be applied accordingly with the following measures:
a)
The retirement pension pursuant to § 2 (1) sentence 1 shall be deemed to be an entry into retirement due to the attainment of an age limit
b)
Only earned income from a use in the public service within the meaning of § 53 (6) of the SoldatenSupply Act is taken into account.
3.
§ 53 of the SoldatenSupply Act is to be applied with the proviso that only earned income from a use in the public service is taken into account in the sense of Section 53 (6) of the SoldatenSupply Act.
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§ 7 Supply of retirement in retirement pursuant to § 2 (1) sentence 2

(1) In the case referred to in the second sentence of Article 2 (1), the period of service of rest shall be increased by the period from the retirement to the date on which the professional soldier or the professional soldier does not have this rule at the earliest in accordance with § 44 (2) sentence 1 of the Soldatengesetz (Soldatengesetz) could have been retired because of the exceeding of the special age limit applicable to them or him. If no special age limit is fixed for the professional soldier or the professional soldier in accordance with Section 96 (2) (1) of the Soldatengesetz (Soldatengesetz), in the case of § 2 (1) sentence 2, the rest period of service shall be increased by the period from the date of the retirement. until the date on which the professional soldier or the professional soldier would have retired without this provision in accordance with the first sentence of Article 44 (1) of the Soldatengesetz (Soldatengesetz) for the achievement of the general age limit. The provisions of sentences 1 and 2 shall not apply to the extent that these periods are already taken into account in accordance with other provisions as a period of service which is capable of holding a rest or in the event of failure to act on the grounds of leave of absence, the glory of the rights and obligations or for other reasons. (2) In the case referred to in the second sentence of Article 2 (1), the following shall apply:
1.
§ 26 (2) and (3) of the SoldatenSupply Act shall be applied accordingly.
2.
§ 26a of the SoldatenSupply Act shall be applied accordingly with the following measures:
a)
The retirement pension pursuant to § 2 (1) sentence 2 shall be deemed to be an entry into retirement on account of the attainment of an age limit.
b)
Only earned income from a use in the public service within the meaning of § 53 (6) of the SoldatenSupply Act is taken into account.
3.
§ 38 of the SoldatenSupply Act applies accordingly. For the purposes of the application of § 38 (4) sentence 1 of the SoldatenSupply Act, the professional soldier or professional soldier shall be treated as if she or he had retired at the time of the retirement in accordance with § 2 (1) sentence 2 are completed in retirement pursuant to § 44 (2) sentence 1 of the Soldatengesetz (Soldatengesetz). To the extent that, at the time of retirement, the age of retirement at the time of retirement pursuant to § 2 (1) sentence 2 exceeds the rule age limit for law enforcement officers and police officers in accordance with § 5 of the Federal Police Service Act (Bundespolice officers act), or Pursuant to Section 96 (2) (1) of the Soldatengesetz (Soldatengesetz) no special age limit is fixed, an increase in amount is not available in accordance with § 38 (4) sentence 1 of the Soldatenpensions Act (Soldatengesetz).
4.
§ 53 of the SoldatenSupply Act is to be applied with the proviso that only earned income from a use in the public service is taken into account in the sense of Section 53 (6) of the SoldatenSupply Act.
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§ 8 A one-off compensation in the case of conversion of the service

Occupational soldiers whose service is converted by 31 December 2017 in accordance with § 45a of the Soldatengesetz (Soldatengesetz) will receive a one-off service when the service is terminated as a soldier on a temporary basis or as a soldier. Compensation of EUR 10 000 for each completed year of military service, up to a maximum of 20 years of military service. The period of military service remaining after the conversion as a soldier on time or as a soldier on a temporary basis may not exceed the period of time which it or he/she is entitled to in accordance with § 5 (5) of the Soldatpensions Act in the period up to the date of entry into force of this Act shall be valid for the purposes of the exemption from military service. Unofficial table of contents

§ 9 exemption from military service

For professional and professional soldiers who have been given the special age limit laid down for officers in use as an aircraft operator or a weapons system officer in jet-powered combat aircraft (Article 45 (2) (6) of the German Armed Forces Act) Soldatengesetz) is to be retired until 31 December 2017, applies § 39 of the Soldatenpensions Act with the proviso that on request with the implementation of measures of school and vocational training up to three years begin before the end of the service under exemption from the military service if this is necessary to reduce the number of soldiers. Unofficial table of contents

§ 10 Professional promotion and service provision in the event of a reduction in service time

The claims arising from § § 5, 11 and 12 of the Soldier Supply Act on time and soldiers on time, their requests for shortening of the service period pursuant to § 40 paragraph 7 of the Soldatengesetz (Soldatengesetz) until 31 December 2017 shall be determined on the basis of the commitment period specified in the declaration of commitment, if the service has commenced before the entry into force of this law. Unofficial table of contents

§ 11 Evaluation

The Federal Ministry of Defence, in agreement with the Federal Ministry of the Interior, shall examine the provisions of this Act until 30 September 2014, in particular with the aim of evaluating the sustainability of the budget, and shall, in this connection, lay down the Cabinet before 31 December 2014.