Transitional fees

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Übergangsgebührnisse are in Germany as a temporary monthly payments, in addition to the unique granted transitional aid , the essential nature of the financial service supply of the soldiers on time ( § 3 para. 4 no. 1 SVG ). They serve to secure the livelihood of the former soldiers of the Bundeswehr during the transition phase to civilian working life.

claim

Temporary soldiers with a military service period of at least four years receive transitional fees in accordance with Section 11 of the Soldiers Supply Act ( SVG ) if their employment relationship ends because the period for which they are appointed to this service has expired ( Section 54 (1) SG ) or due to incapacity for work , except if an employment relationship as a professional soldier is established following termination of the employment relationship as a temporary soldier . For other reasons for dismissal ( Section 55 SG ), e.g. B. due to unsuitability for the career , culpable breach of duty in the first four years of service or recognition as a conscientious objector , there is no entitlement.

Transitional fees are granted after a period of service of

  • 4 and less than 5 years for 12 months,
  • 5 and less than 6 years for 18 months,
  • 6 and less than 7 years for 24 months,
  • 7 and less than 8 years for 30 months,
  • 8 and less than 9 years for 36 months,
  • 9 and less than 10 years for 42 months,
  • 10 and less than 11 years for 48 months,
  • 11 and less than 12 years for 54 months and
  • 12 and more years for 60 months.

height

The transitional fees are generally 75 percent of the remuneration of the last month ( Section 11 (3) sentence 1 SVG ). The remuneration in this sense includes the basic salary , the family allowance up to level 1, official , position and compensation allowances ( § 89a S. 1 SVG ). To calculate the transitional fees, the salaries must be multiplied by a factor of 0.9901 ( Section 89a, sentence 3 SVG ).

Education grant

An education grant amounting to 25 percent of the last salary increases the transitional fees if and for as long as one participates in a funded measure of school and vocational education ( § 5 SVG ) in full-time form during the reference period ; Income from such a measure will be taken into account ( Section 11 (3) sentence 3 SVG ). As a result, the former soldier has an income that, due to the factor of 0.9901, only almost corresponds to his last salary.

Payment in one lump sum

The transitional fees are generally paid in monthly amounts like the salary ( Section 11 (6) sentence 1 SVG ). Insofar as it serves to integrate into civilian employment, in justified individual cases, in particular to create or improve a livelihood, payment can be made for the entire entitlement period or for several months in one sum; for this period, the claim to transitional fees is deemed to have been settled with the payment ( Section 11 (6) sentence 3 SVG ).

Appointment to the employment relationship before July 26, 2012

For those pension recipients who were in existence on July 26, 2012 (when the Bundeswehr Reform Accompanying Act came into force), as well as for soldiers who were appointed to the service of a temporary soldier before this date or who performed a fitness exercise in accordance with the Fitness Exercise Act, the previous law still applies if there was no interruption between the employment relationships or the employment relationship was not extended after May 23, 2015 due to voluntary further obligation ( Section 102 SVG ). For certain parts of the Soldiers Supply Act, however, exemptions apply so that the new law also applies to these persons ( Section 102 (1 ) sentence 4 SVG ).

Transitional fees are granted for this group of people after a period of service of

  • four and less than six years for seven months,
  • six and less than eight years for one year,
  • eight and less than twelve years for one year and nine months,
  • twelve or more years for three years.

If and as long as a funded measure of school and vocational training ( § 5 SVG ) is taken full-time during the reference period , the transition fees increase to 90 percent instead of an education grant of 25 percent. This means that this group of people receives 10 percent less financial benefits under the applicable previous law. If during the reference period there is an income from such a subsidized measure in the amount of more than 15 percent of the last salary, the amount of the transitional fee is reduced by 15 percent (again to 75 percent).

The statements in the following sections generally apply to current and previous law.

Tax consideration

The Übergangsgebührnisse include in income tax as taxable income . When they are paid out, income tax is withheld. If the former soldier has further earned income , he must  choose income tax class VI for this or for the transitional fees.

Competitions and special cases

Officers with degrees

For soldiers on time in the career group of officers who, as part of their military training, have a university degree from a university (regularly at the Helmut Schmidt University / University of the Federal Armed Forces Hamburg or the University of the Federal Armed Forces Munich ), college of education , the art college , technical college and other state universities according to state law at the expense of the federal government ( officers with a degree ) and whose service period has been set at at least 12 years, the period for which the transitional fees are paid is two years instead of three ( Section 11 (2) sentence 2 SVG ).

Compensation payments due to the incorporation certificate

After the end of their military service, holders of an integration certificate receive compensation payments instead of transitional fees ( Section 11a, Paragraph 1, Sentence 1, SVG ).

Registration certificate

The issue of a registration certificate does not affect the entitlement, unlike the transitional allowance , which is reduced by 50 percent.

Income from employment in public service

At the start of earned income from a use in the public sector (so-called use of income ) is a Ruhensregelung instead. Use in the public service in this sense is any employment in the service of corporations , institutions and foundations under German public law or their associations; except for religious societies under public law and their associations. Use in the public service is equivalent to use in the public service of an intergovernmental or supranational institution in which a German legal person under public law is involved by paying contributions or grants or in some other way (e.g. European Union , NATO , United Nations ; Section 55 (6 ) SVG ).

If transitional fees and usage income add up the basic salary of the final stage of the salary group to which the temporary soldier was entitled in the last month, the transitional fees are reduced accordingly. The respective gross amounts are always decisive. If the basic salary of the final stage of the salary group is lower than one and a half times the final stage of salary group A 4, one and a half times the final stage of salary group A 4 is the reduction limit ( Section 53 (9 ) SVG ).

Crediting of additional earnings outside of employment in the public service has not been credited since the Federal Armed Forces Attractiveness Enhancement Act came into force on May 23, 2015.

Re-users

The entitlement to transitional fees ends if the former temporary soldier is reappointed ( reused ) as a temporary soldier during the reference period ( Section 11 (1) sentence 3 SVG ).

Leave of absence, absence from work, parental leave

In the case of soldiers on a temporary basis who had been given leave of absence during a previous military service relationship without military pay , who culpably and unlawfully stayed away from service and who lost their salary or military salary for this period, or who were employed part-time, the transition fees with regard to their duration are in to reduce the ratio that corresponds to the period of leave of absence, absence or the reduction of full-time employment to the total length of service. Post-employment periods for taking parental leave increase the entitlement to transitional fees . ( § 13b SVG )

Dismissal on own request

A temporary release is not possible for soldiers on their own request. Exceptionally, they can be dismissed if remaining in service would mean particular hardship for them due to personal, in particular domestic, professional or economic reasons ( Section 55 (3 ) SG ). Übergangsgebührnisse to the soldiers on time, made redundant in this case, be granted in the time and financial scope, as it is temporarily necessary to ensure the livelihood, maximum of the duration and amount that they would have delivered stands when due Would have been dismissed due to the lapse of time or incapacity. There is no legal claim .

Pension sickness benefit

Transitional fees are not due for a period for which pension sickness benefits are granted in accordance with Section 16 of the Federal Pension Act ( Section 11 (7 ) SVG ). However, this period is not taken into account as a claim period, so that the payment period is shifted backwards and the former soldier does not suffer any disadvantage.

Attachment and assignment

Claims to transitional fees can neither be assigned nor pledged ( Section 48 (2) sentence 2 SVG ).

Reduction or withdrawal as a disciplinary measure

In previous soldiers who are not entitled to a pension but have on service provision, there is a disciplinary measure the reduction in the pension in the reduction of Übergangsgebührnisse, the transitional allowance, the compensation payments, the age allowance after the age Benefits Act or the maintenance contribution. In addition to or instead of the reduction in the transitional fees or the compensation payments, a reduction in the transitional allowance can be recognized ( Section 67 (1) WDO ). The reduction in the transitional fees consists of a fractional reduction of at least one twentieth and a maximum of one fifth for a period of six months to five years ( Section 67 (2) sentence 1 in conjunction with Section 59 WDO ).

With the withdrawal of the retirement pension, the former soldier loses his entitlement to transitional fees ( Section 67 (4) sentence 1 WDO ).

BAföG

According to the Federal Training Assistance Act ( BAföG ), transitional fees are part of the creditable income, unlike the transitional allowance, which is not taken into account when crediting assets ( Section 27 (2) No. 2 BAföG).

Common provisions of the Soldiers Supply Act

When applying the common provisions of the Soldiers' Welfare Act ( Section 4 ), the transitional fees apply as a pension ( Section 45 (1) No. 3 SVG ).

Web links

Individual evidence

  1. ^ "New Law" - vocational support for SaZ and BO41, whose employment relationship was established after July 25, 2012. (PDF) In: bundeswehr.de. May 2018 (p. 13).;