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Regulation on transitional arrangements for the supply of soldiers after the production of the German unit

Original Language Title: Verordnung über soldatenversorgungsrechtliche Übergangsregelungen nach Herstellung der Einheit Deutschlands

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Regulation on transitional arrangements for the supply of soldiers after the establishment of the unity of Germany (SoldatenSupply-Transitional Ordinance-SVÜV)

Unofficial table of contents

SVÜV

Date of completion: 24.07.1991

Full quote:

" SoldatenSupply-Transitional Regulation in the version of the Notice dated 24 March 1993 (BGBl. 378), as last amended by Article 6 (2) of the Law of 20 June 2011 (BGBl I). 1114). "

Status: New by Bek. v. 24.3.1993 I 378;
Last amended by Art. 6 para. 2 G v. 20.6.2011 I 1114
Indirect change by Art. 5 G v. 20.12.2011 I 2842 considered

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 3.10.1990 + + +) 

Unofficial table of contents

§ 1 Scope

(1) This Regulation regulates the supply within the meaning of the SoldatenSupply Act and the laws, regulations and administrative provisions and directives adopted for this purpose, which are listed in the annex to this Regulation. This Regulation shall apply to:
1.
Soldiers who, after the entry into force of the agreement, have entered into the territory referred to in Article 3 of the Agreement on Accession (accession area)
a)
on the basis of military service,
b)
have been used or moved there from their first appointment or re-appointment; and
2.
the survivors of the soldiers referred to in paragraph 1.
It shall apply, in accordance with Articles 3 and 4, also to professional soldiers and soldiers of the time and to retired soldiers and former soldiers who are active in the territory of accession. (2) The Annex I, Chapter XIX, Section III, Section III, Section III, Section 5, of the The unification treaty of 31 August 1990 (BGBl. 885, 1146) and the measures referred to in § 2 (2) to (7), (11) to (13) and (18) shall not apply to temporary and professional soldiers whose appointment shall be subject to a direct temporal connection to a public service relationship in the former Federal territory is carried out. Unofficial table of contents

§ 2 measures

The Soldatenpensions Act applies without prejudice to the regulations set out in Annex I, Chapter XIX, Section III, Section III, No. 5, of the Agreement of 31 August 1990 (BGBl). (1990 II p. 885, 1146) with the following additional measures:
1.
The remuneration of the service and the remuneration for the calculation of the training grant and the service provision of the soldiers at the time of the calculation shall be calculated in the light of the transitional arrangements. The same applies, insofar as in the Soldatenutilities Act or in the legal regulations, regulations and directives issued for this purpose, to the remuneration (§ 1 para. 2, 3 of the Federal Law on Remuneration) or, in general, to the provisions of the Referrals are referred to. Sentences 1 and 2 shall not apply in cases where an increased risk of accidents in the sense of Section 27 of the SoldatenSupply Act is granted in conjunction with Section 37 of the Civil Service Act or the survivor's pension is calculated from this. if the harmful event has occurred during a special use within the meaning of Section 63c of the Soldatenpensions Act, this shall also apply mutagenic to the calculation of the training grant and the service provision of the soldiers Time and her survivors.
2.
Military service periods completed by a professional soldier after the completion of the seventeenth year of life in the service of the National People's Army shall be regarded as a period of service for rest of up to five years, unless point 5 or 6 applies.
3.
Periods completed by the professional soldier in the field of public service until 2 October 1990 in the accession area may be taken into account in accordance with Article 22 of the Soldatenpensions Act for up to five years at the most as a holding of rest, provided that the professional soldier was active without an interruption to be represented by him and that he has led his appointment as a soldier on a temporary basis or as a professional soldier. This shall not apply to the extent to which point 5 or 6 applies. The Federal Minister of Defence may, in agreement with the Federal Minister of the Interior, regulate more closely by administrative provisions.
4.
Other periods and periods of training in accordance with § § 23, 24, 64 (1) sentence 1 no. 1 to 3 and § 66 of the Soldatenpensions Act, which the professional soldier has completed in the acceding area by 2 October 1990, may be up to five years at most as shall be recognised as long as the number 5 or 6 is not applicable.
5.
Military service times, periods of employment (§ 22 of the SoldatenSupply Act) and other periods (§ § 24, 64 (1) sentence 1 no. 1 to 3 and § 66 of the SoldatenSupply Act), which the professional soldier has completed in the accession area until 2 October 1990 shall not be taken into account as a period of service, in so far as the general waiting period for the statutory pension insurance is fulfilled and these periods are considered as pension rights in the calculation of the pension from the statutory pension scheme Pension insurance; training periods (§ 23 of the SoldatenSupply Act) are not subject to rest, insofar as the general waiting period for statutory pension insurance is fulfilled. Periods of pension rights are also those within the meaning of Article 2 of the Pensions Directive.
6.
Periods in accordance with § 30 of the German Federal Law on Wages are not stable.
7.
Without prejudice to the performance in accordance with § 38 of the SoldatenSupply Act, professional soldiers within the meaning of Section 26 (2) of the SoldatenSupply Act (SoldatenSupply Act) receive a one-time one with the exception of the soldiers referred to in § 26 para. 4 of the SoldatenSupply Act. Compensation. This amounts to 512 euros for each year from the date of the completion of the year of life preceding the date of completion of the period until the completion of the sixtieth year of life. § 38 (2) and (3) of the SoldatenSupply Act shall apply mutatily. This Regulation shall apply until 31 December 2010.
8.
Has a professional soldier after the appointment to a soldier ratio one in the time of the 3. In accordance with § 70 (1) to (7) of the Soldatenpensions Act (Soldatenpensions Act), children born in October 1990 until December 31, 1991 shall be subject to the proviso that the child's educational period ends twelve calendar months after the end of the month of birth. § § 249 and 249a of the Sixth Book of the Social Code apply accordingly. Moreover, Section 1 (3) remains unaffected.
9.
The meeting of pensions with pensions, also from overrun rights, is based on § 55a of the SoldatenSupply Act. The period of service within the meaning of § 55a (2) (1) (b) of the SoldatenSupply Act is to be reduced in order to reduce the periods of service which are not durable in accordance with point 6.
10.
In case of overlapping of minimum supply (§ 26 para. 7 of the SoldatenSupply Act) with a pension from the statutory pension insurance after application of § 55a of the Soldatenpensions Act the supply of the retirement pension according to § 26 (1) to (4) and (10) of the SoldatenSupply Act, the supply shall be up to the difference between this retirement pension and the minimum supply. The amount of the increase in accordance with § 26 (7) sentence 3 of the SoldatenSupply Act and the difference in amount pursuant to § 47 (1) of the SoldatenSupply Act shall not be taken into consideration in the calculation. The sum of the pension and the pension must not be left behind the amount of the minimum supply plus the difference in accordance with § 47 (1) of the SoldatenSupply Act. At least the pension shall remain payable in accordance with section 26 (1) to (4) and (10) of the SoldatenSupply Act plus the difference in amount pursuant to § 47 (1) of the SoldatenSupply Act. Sentences 1 to 4 shall apply mutas to widows and orphans.
11.
The military service period (§ 2 of the SoldatenSupply Act), which is relevant for the supply of the soldiers, begins-without prejudice to the provisions set out in points 12 and 13-
a)
for soldiers of the former National People's Army, who are on the 3. (Annex I, Chapter XIX, Sachgebiet B, Section II, No. 2, Section 1, point 1, of the Agreement of 31 August 1990-BGBl. 1990 II p. 885, 1144), on that day,
b)
For soldiers of the former National People's Army, whose service is continued as a soldier on time or as a professional soldier at the time of accession (Annex I, Chapter XIX, Sachgebiet B, Section II, No. 2, section 1, point 2, of the Agreement of the 31-year Agreement). August 1990-BGBl. 1990 II p. 885, 1144), on the day of their appointment to the soldier for two years pursuant to Annex I, Chapter XIX, Sachgebiet B, Section II, No. 2, Section 8, Section 1 of the Agreement of 31 August 1990 (BGBl. 885, 1146).
12.
For the calculation of times of military service pursuant to § 8 of the SoldatenSupply Act, the former National People's Army, as the time of the basic military service, is also the one until the time of appointment to the soldier for two years in accordance with Annex I Chapter XIX Sachgebiet B Section II No. 2, Section 8 (1) of the Agreement of 31 August 1990 (BGBl. 885, 1146) as well as those before 3. The military service was to be set up in the former National People's Army in October 1990 until the duration of the basic service. The duration of the basic military service in the former Federal territory at the time of the convocation or cessation of the soldier shall be decisive for the extent of the credit.
13.
The provisions of point 12 shall apply in accordance with Article 8a of the Soldatenpensions Act, in accordance with the provisions of Section 8a of the Soldier Supply Act, in accordance with the provisions of the former National People's Army, and after 2 October 1990. in the Bundeswehr, a service period of more than two years, but not more than three years.
14.
(dropped)
15.
(dropped)
16.
For the supply referred to in points 14 and 15, the percentage shall be the percentage for the period of 3. October 1990 until the entry into force of the Federal Supply Law in the Accession Area 40.3 of the hundred. According to this, the percentage and the date of change announced in the Federal Gazette by the Federal Minister for Labour and Social Affairs for the supply under the Federal Law of the Federal Republic of Germany (Bundesanzeiger) shall apply accordingly.
17.
If the military service damage within the meaning of the SoldatenSupply Act is at the same time a service damage within the meaning of the continuing law in the accession area, there is a claim for employment only in accordance with the Soldatenpensions Act.
18.
In the case of the services provided for in § 86a of the Soldatenpensions Act, the remuneration shall be based on the remuneration-transitional regulations.
Unofficial table of contents

§ 3 Use of professional soldiers and soldiers on time

(1) The period of use of a professional soldier or of a soldier on a temporary basis from the former territory for the purpose of building aid in the accession area shall be taken into account twice as a period of service which is capable of rest, if it does not interrupt at least one of the following: (2) The arrangements provided for in paragraph 1 shall be limited to 31 December 1995. It shall not apply to any use which begins after 31 December 1994. Unofficial table of contents

§ 4 Use of soldiers in retirement and former soldiers on time

(1) For retired soldiers and former soldiers who are used for the purpose of building assistance in the accession area because of their special expertise, § 53 of the Soldier's Supply Act shall be applicable from the 3rd of the year onwards. No application was made in October 1990. As from 1 August 1991, § 53 of the Soldatenpensions Act shall apply to these employment relationships in so far as the sum of pensions and their income exceeds a maximum limit of 130 per cent of the remuneration, in which the retirement pension and the former soldiers have, at the time of their retirement, the transitional arrangements. The increased ceiling shall be applied from 1 August 1991 to the minimum minimum limit laid down in Article 53 (2) (1) of the SoldatenSupply Act. (2) The period of service which is capable of holding a rest shall be increased by the time a soldier retired in one of his Full employment of paid employment as a worker in the public sector in the accession area, up to the maximum of 75 of the hundred of the pensions which are eligible for rest. § 97 (3) and (4) of the SoldatenSupply Act shall apply mutah. with the proviso that the percentage of the percentage referred to in the first sentence shall be varied with the respective adjustment factor. (3) The provisions of paragraphs 1 and 2 shall not apply to: Employment relationships established after 31 December 1999. Unofficial table of contents

§ 5 (Entry into force)

- Unofficial table of contents

Annex List of laws, regulations and administrative provisions adopted pursuant to the Soldatenpensions Act

A. Laws
(dropped)
B. Legal Regulations
1.
Regulation on the transfer of powers in the field of soldier supply in the division of the Federal Ministry of Defence of the 24. October 2002 (BGBl. 4334), as amended by Article 3 of the Law of 4 May 2005 (BGBl I). 1234).
2.
Regulation of the Vocational Training Act of 23. October 2006 (BGBl. I p. 2336).
3.
Examination regulations for Bundeswehr schools in the version of the notice of 25 April 1985 (BGBl. 722).
4.
Regulation of the Establishment Reserve of 24 August 1999 (BGBl. I p. 1906), as amended by Article 4 of the Law of 4 May 2005 (BGBl. 1234).
5.
Ordinance on the one-time accident compensation in accordance with § 63 of the SoldatenSupply Act, as amended by the Notice of 29 June 1977 (BGBl. 1178), as last amended by Article 7 of the Law of 16 August 2001 (BGBl I). I p. 2093).
C. administrative provisions:

General administrative provisions relating to the Soldier Supply Act as amended on 10 May 1973 (Supplement 20/77 to the BAnz. No 121 of 4 July 1973), as amended by the General Administrative Regulation on § 41 (2) and § § 80 to 84, 86 and 88 of the SoldatenSupply Act (SVGVwV) of 11 August 1981 (BAnz. 151 of 18 August 1981). Guidelines:

Guidelines for the Soldier Supply Act as amended on 10 May 1973 (BAnz. No 121 of 4 July 1973), as last amended by the Directive of 31 July 1973. October 1977 (BAnz. No 214 of 15 November 1977).