Advanced Search

Law on the promotion of other use of professional soldiers and civil servants

Original Language Title: Gesetz zur Förderung der anderweitigen Verwendung von Berufssoldaten und Beamten

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law on the promotion of other use of professional soldiers and civil servants (law on the use of such data)

Unofficial table of contents

WoFöG

Date of completion: 21.12.1992

Full quote:

" Use Promotion Act of 21 December 1992 (BGBl. 2091), the most recent of which is Article 56 (39) of the Regulation of 12 February 2009 (BGBl. I p. 284)

Status: Last amended by § 56 Abs. 39 V v. 12.2.2009 I 284

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 7.1.1993 + + +)

-

With the approval of the Federal Council, the Bundestag has adopted the following law:

Species 1
Promotion of the other use of professional soldiers and officials of the business unit of the Federal Minister of Defence

Unofficial table of contents

§ 1 Scope

The following provisions shall apply to:
1.
Professional soldiers who are subject to the requirements of § 2 (1) No. 1 and 3 (2) of the Act on the Reduction of the Personnel Strength of the Armed Forces (Personalstarch Act-PersStrengthkeG) of 20 December 1991 (BGBl. 2376), and another appropriate use within the meaning of Section 2 (1) (2) of the Personnel starch Act
a)
before 1 January 1995, by appointment as an official with the dismissal effect of Section 46 (1) (2) of the Soldatengesetz (Soldatengesetz), or
b)
before 2 March 1995, as an employee in the public service, following the retirement of the public service
record,
2.
Federal officials, as described in § 1 of the Law on the Adjustment of the Number of Officials in the Business Unit of the Federal Minister of Defense to the Reduction of the Armed Forces (Bundeswehr Officials Adaptation Act-BwBAnpG) of 20 December 1991 (BGBl. 2378) and will be transferred before 1 January 1998 to another business unit or to the area of a different dientherrn.
Unofficial table of contents

§ 2 Rules governing career regulations

(1) By way of derogation from § 7 (1) (3) (b), § 11 (1) (2) and § 19 of the Federal Civil Service Act (Bundesbeamtengesetz), the professional soldiers referred to in § 1 (1) (a) may be appointed in accordance with the following provisions in a civil service:
1.
Occupational soldiers of the category of sub-officers may be admitted to a career in the medium-sized service. Professional soldiers of the officers ' career group may, if they have reached at least the rank of Major, become a career of the higher service, and the others may be admitted to a career of the higher service.
2.
The professional soldiers acquire a restricted career qualification through instruction. The duration of the instruction should be in raceways

-the middle service six months,
-the upscale service nine months,
-the higher service twelve months
do not fall below.
3.
In agreement with the Federal Minister of the Interior, the office of the highest office responsible for the design of the career shall, in order to establish a course of instruction which shall include a course of instruction of an appropriate duration, shall take the necessary steps to ensure that the training of the person concerned is successful completion. In the determination, the range of the restricted career capability is also to be described.
4.
The professional soldiers shall be appointed to the civil servant relationship at the latest three months after the beginning of the instruction. In this case, an office shall be awarded which corresponds to the last degree of service reached; however, at most, it may be possible to
-
of the middle service, an office of grade A 8,
-
of the senior service, a grade A 12,
-
of the higher service, an office of grade A 15
of the grade A. If the instruction is not completed successfully, the official shall be dismissed. § 34 of the Federal Officials Act shall apply accordingly.
5.
After the restricted career qualification has been established, the appointment to the civil servant ratio is made at life time.
6.
The restricted runway qualification may, after a minimum probation period of one year after the acquisition of the qualification by taking part in an introduction, which may take place in running tracks,
-
of the middle service one year,
-
of the upscale service one year and six months,
-
of the higher service two years
, shall be supplemented. Number 3 shall apply accordingly. The determination as to whether the introduction has been successfully completed shall be taken by the Federal Personalised Committee or by an independent committee to be determined by it at the request of the supreme service authority.
7.
Occupational soldiers who, due to a relevant pre-training and training, meet the requirements laid down for regular access to a particular career, are directly appointed to the civil servant's relationship to life. Point 4, second sentence 2, first half-sentence shall apply accordingly. The minimum period of probation prescribed in accordance with Section 12 (5) and (6) of the Federal Railways Ordinance shall be deemed to have been performed, in so far as service periods have been completed in corresponding grades and for the corresponding period of time.
(2) (dropped) Unofficial table of contents

§ 2 Rules governing career regulations

(1) The professional soldiers referred to in § 1 (1) (a) may, by way of derogation from § 7 (1) (3) (b), § 9 (1) (3) (b) and (21) of the Federal Civil Service Act (Bundesbeamtengesetz), be appointed in accordance with the following provisions: shall be:
1.
Occupational soldiers of the category of sub-officers may be admitted to a career in the medium-sized service. Professional soldiers of the officers ' career group may, if they have reached at least the rank of Major, become a career of the higher service, and the others may be admitted to a career of the higher service.
2.
The professional soldiers acquire a restricted career qualification through instruction. The duration of the instruction should be in raceways

-the middle service six months,
-the upscale service nine months,
-the higher service twelve months
do not fall below.
3.
In agreement with the Federal Minister of the Interior, the office of the highest office responsible for the design of the career shall, in order to establish a course of instruction which shall include a course of instruction of an appropriate duration, shall take the necessary steps to ensure that the training of the person concerned is successful completion. In the determination, the range of the restricted career capability is also to be described.
4.
The professional soldiers shall be appointed to the civil servant relationship at the latest three months after the beginning of the instruction. In this case, an office shall be awarded which corresponds to the last degree of service reached; however, at most, it may be possible to
-
of the middle service, an office of grade A 8,
-
of the senior service, a grade A 12,
-
of the higher service, an office of grade A 15
of the grade A. If the instruction is not completed successfully, the official shall be dismissed. § 31 of the Federal Officials Act shall apply accordingly.
5.
After the restricted career qualification has been established, the appointment to the civil servant ratio is made at life time.
6.
The restricted runway qualification may, after a minimum probation period of one year after the acquisition of the qualification by taking part in an introduction, which may take place in running tracks,
-
of the middle service one year,
-
of the upscale service one year and six months,
-
of the higher service two years
, shall be supplemented. Number 3 shall apply accordingly. The determination as to whether the introduction has been successfully completed shall be taken by the Federal Personalised Committee or by an independent committee to be determined by it at the request of the supreme service authority.
7.
Occupational soldiers who, due to a relevant pre-training and training, meet the requirements laid down for regular access to a particular career, are directly appointed to the civil servant's relationship to life. Point 4, second sentence 2, first half-sentence shall apply accordingly. The Federal Railways Ordinance pursuant to Section 12 (5) and (6) of the Federal Railways Ordinance (BGBl), as amended by the Notice of 2 July 2002. 2459, 2671), as last amended by Article 15 (28) of the Law of 5 February 2009 (BGBl I). 160), the minimum period of probation prescribed shall be deemed to have been completed in so far as service periods have been completed in appropriate degrees of service and of appropriate duration.
(2) (dropped) Unofficial table of contents

§ 3 Rules of remuneration

(1) The professional soldiers referred to in § 1 (1) (a) shall receive a one-off payment equal to three times the monthly salary, which was last granted in the soldier's relationship, but not more than 15,000 Marks. The one-off payment shall be repaid if the official leaves the civil service before the expiry of two years from the date of appointment; this shall not apply if the civil servant's relationship is due to death or retirement due to incapacity for service. (2) In the cases referred to in paragraph 1, the final basic salary (basic salary) shall be reduced, the official shall receive a compensatory allowance which is capable of being held for rest. The amount of the allowance is determined in accordance with Section 13, Section 1, Sentence 2 and 3 and Section 6 of the Federal Law on Besolding. § 13 (3) and (5) of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) does not apply. (3) The federal civil servants referred to in § 1 (2) shall receive a one-off payment in the amount of three times the monthly salary which was last granted, but not more than 15,000. DM, if the other use takes place outside the catchment area (Section 3 (1) No. 1 (c) of the Federal Covenant Covenant Act) of the previous official residence seat. The second sentence of paragraph 1 shall apply in accordance with the time-limit which shall be taken as the date of effect of the translation. Unofficial table of contents

§ 4 Supply regulations

(1) For the provision of a former professional soldier appointed as an official within the meaning of Section 1 (1) (a):
1.
If the pensions remain behind those which he would have received if he had been retired under Section 2 of the Staff Regulations before the end of the month before the appointment as an official, he will be compensated in the amount of the pension. The costs incurred by the institution of the supply burden by the payment of the compensation shall be reimbursed by the Federal Government. One-off amounts shall not be taken into account in the comparison calculation. The compensation is one of the pensions in the sense of § 2 of the civil service provision law.
2.
The justification of the soldier's relationship before 1 January 1966 applies to the application of § 55 of the Civil Service Act in conjunction with Article 2 (3) of the 2nd Budgetary Structure Act of 22 December 1981 (BGBl. 1523), as last amended by § 1 of the Law of 30 November 1989 (BGBl). 2094), as justification for the civil service relationship.
(2) Ends a civil servant relationship based on the rehearsals in accordance with § 2 para. 1 no. 4 before the appointment to the civil servant's relationship to life without pension entitlement, the person concerned shall be deemed to be subject to the following month before the date of expiry of the month before the (3) The soldier referred to in § 1 (1) (b) shall retire under Section 53 (2) (1) of the Soldiers Supply Act, subject to the condition that the maximum limit shall be one hundred and thirty-one hundred. from the hundred of the non-ruhegeable remuneration of the grade from which the Pension calculated. The use of a connection is also available if the employee is employed in the public service until the first working day of the third month after the termination of the soldier's relationship. Sentence 1 shall not apply to survivors.

Type 2

Art 3
One-off transitional allowance for temporary soldiers in the accession area

Soldiers on time in the accession area with a period of service of two years, pursuant to the scheme set out in Annex I, Chapter XIX, Section II, Section II, point 2, Section 8, in conjunction with Section 1, point 2, of the Agreement of 31 August 1990 in conjunction with Article 1 of the Law of 23 September 1990 (BGBl. 1990 II p. 885, 1144) soldiers of the Bundeswehr are granted a one-time transitional allowance of two thousand five hundred German marks after termination of the service due to the expiry of the service period, if no employment relationship as a professional soldier or as a soldier on a period of longer service than two years. Sentence 1 shall also apply if the duty of service of these soldiers ends prematurely because of incapacity not due to gross negligence of their own.

Species 4
Duration

(1) Article 1, § 1, 3, 4 (1) and (3) shall enter into force with effect from 1 January 1992. Moreover, Article 1 shall enter into force on the day following the notification. (2) (3) Article 3 shall enter into force with effect from 1 January 1991.