Age limit

Age limit refers to the age up to or from which a certain event can take place or certain rights ( e.g. property rights ) apply. For the admissibility of age limits with regard to the prohibition of discrimination, see Age Discrimination .

Germany

The age limit in German service law regulates the beginning of retirement for people in a public service relationship . It is generally reached at the end of the month in which the 67th year of life is reached. A lower age limit applies for people born up to December 31, 1963 and for those who are exposed to particular stress.

Officer

In German civil service law , for example, there are the following age limits:

the age in which an officer in the retirement is added. The age limit was introduced in Germany in 1923 . The reason was the economic pressure of the French occupation of the Ruhr . For federal civil servants (including civil servants in the armed forces), Section 51 of the Federal Civil Service Act (BBG) currently sets the age limit at 67 years of age, with transitional provisions for those born up to and including 1963.
the age up to which employment as a civil servant is possible. The age limit has come under criticism because it is a form of age discrimination representative and as the return to work hinders women to child-rearing. For example, this age limit set by the European Commission, which was 45 years, was lifted on April 10, 2002.

Law enforcement service

The special age limit for law enforcement officers is regulated in Section 5 of the Federal Police Officer Act (BPolBG) for the federal government and in the respective state civil servant laws. Federal law enforcement officers generally retire at the end of the month in which they turn 62. Transitional regulations apply to those born between 1952 and 1963. Those born before December 31, 1951, retired at the end of the month in which they turned 60. In the federal states, depending on the federal state and career, the age limit is reached between the ages of 60 and 65. For example, in North Rhine-Westphalia law enforcement officers retire at the end of the month in which they turn 62.

Correctional service

Special age limits may apply to civil servants in the prison service , depending on the federal state.

Fire service

Civil servants for life in the fire service of the Federal Armed Forces retire at the end of the month in which they reach the age of 62 ( Section 51 (3 ) BBG ). Here, too, transitional regulations apply for those born between 1952 and 1963.

soldiers

For soldiers, there is a general and a (lower) special age limit for the beginning of retirement ( Section 45 Soldiers Act - SG). The age limit varies according to rank , but also according to career or employment ( officers as pilots or weapons system officers in jet-powered combat aircraft ). As a rule, the soldier with the end of the first or third calendar quarter, after it has reached the particular age limit, by the competent authority to retire added . Upon reaching the general retirement age occurs the soldier retires fundamentally by law a ( § 44 SG).

The age limits were redefined with the Service Law Reform Act on July 1, 2009. Section 96 SG therefore contains a transitional provision according to which the age limits are gradually raised. The above age limits will therefore not be reached until 2024.Template: future / in 4 years

The special age limit results from the following table:

Ranks	Age limit	Current (2020)	June 30, 2009
Generals and officers in a career in specialist service	62	62	62
Supreme BesGr B 3	62	61 and 08 months	61
Supreme BesGr A 16	62	61 and 05 months	60
Lieutenant Colonel BesGr A 15	61	60 and 04 months	59
Lieutenant Colonel BesGr A 14	61	59 and 10 months	58
Majors and staff captains	59	57 and 10 months	56
Captains , first lieutenants and lieutenants	56	55 and 08 months	54
Professional NCOs	55	54 and 08 months	53
Officers used in jet-powered combat aircraft as pilots or weapons systems officers	41	41	41

The general age limit for generals and colonels as well as for officers in the careers of the medical service , the military music service and the geoinformation service of the Bundeswehr is 64 years in 2020 ( Section 96 (1) SG) and 65 years from 2024 ( Section 45 ( 1)) . 1 No. 1 SG); for all other professional soldiers at the age of 62 ( Section 45 Paragraph 1 No. 2 SG).

Minimum age

The Soldier Career Ordinance ( SLV ) stipulates that only those who have reached the age of 17 may be appointed to military service as a temporary or professional soldier. The same applies to those doing voluntary military service .

Judge

Federal judges reach the standard retirement age when they reach the age of 67 ( Section 48 DRiG ). Transitional regulations apply to judges born between 1947 and 1963. For judges in the state service , different regulations of the respective state judge laws apply. The relevant for this § 76 DRiG speaks only generally of the "standard retirement age". According to paragraph 2, state law can also determine by law special age limits, upon reaching which the judge is to be retired upon his own application.

For judges at the Federal Constitutional Court , the age limit is the end of the month in which the judge turns 68 ( Section 4 (3 ) BVerfGG ). Then their term of office ends at the latest ( Section 4 (1 ) BVerfGG ). However, they continue their official business until their successor is appointed ( Section 4 (4 ) BVerfGG ).

Individual evidence

↑ Law for the reorganization and modernization of the Federal Service Law , DNeuG

[DNeuG-1] Law for the reorganization and modernization of the Federal Service Law , DNeuG