Federal Salary Act

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Basic data
Title: Federal Salary Act
Abbreviation: BBesG
Type: Federal law
Scope: Federal Republic of Germany
Issued on the basis of: Art. 73 (1) no. 8 GG
Legal matter: Civil service law
References : 2032-1
Original version from: July 27, 1957
( BGBl. I p. 993 )
Entry into force on: April 1, 1957
New announcement from: June 19, 2009
( BGBl. I p. 1434 )
Last revision from: May 23, 1975
( BGBl. I p. 1173 )
Entry into force of the
new version on:
predominantly July 1, 1975
Last change by: Art. 4 G of November 29, 2018
( Federal Law Gazette I p. 2232, 2233 )
Effective date of the
last change:
January 1, 2019
(Art. 8 G of November 29, 2018)
GESTA : B024
Weblink: Text of the law
Please note the note on the applicable legal version.

The Federal Salary Act regulates the salary for federal civil servants, federal judges, professional soldiers and temporary soldiers ( § 1 ) and - to a limited extent - the salaries of civil servants in the states of Berlin, Bremen, Mecklenburg-Western Pomerania, Lower Saxony, North Rhine-Westphalia and Saarland.

Its predecessor was the Reich Salary Act of December 16, 1927 (RGBl. I p. 349).

Structure and content

The Federal Salary Act is divided into nine sections.

Section 1 (Sections 1–17b) contains general provisions on salary and pension reserves . Section 2, Paragraph 1 makes it clear that the salary is regulated by law, d. H. the legislature determines the level of the salary, not the individual departments. It is therefore inadmissible to provide individual civil servants, judges or soldiers with a higher salary by means of agreements or assurances ( Section 2 (2 )). Section 1 (2) and (3) stipulate that salary includes remuneration, candidate remuneration and capital-forming benefits. The salary includes the basic salary, performance payments for professors as well as full-time heads of universities and members of management bodies at universities, the family allowance, allowances, remuneration (e.g. for overtime) and the foreign salary.

Section 2 (§§ 18–38) regulates the basic salary for civil servants, judges, public prosecutors and professors at universities as well as performance payments at universities. Section 3 (sections 39–41) relates to the family allowance , section 4 (sections 42–51 ) relates to allowances , premiums , supplements and allowances. With the introduction of the BBesG, the previous structure of the grades changed, which were now staggered in ascending order from A 1 / B 1 / C 1 (lowest grades) to A 16 / B 11 / C 4 (highest grades). By March 31, 1957, the grades A 11 / B 10 / C 5b had mapped the entry levels, the grades A 1a / B 3a / C 1 the respective top positions.

The foreign salaries are set out in Section 5 (§§ 52-58). Section 6 (Sections 59–66) contains provisions on the remuneration of candidates . Section 7 contained provisions on special payments (Section 67) and capital-building benefits (Section 68). These provisions were repealed in 2009 by the Service Law Reform Act.

The regulations in Section 8 (§§ 69-70a) are the legal basis for the provision of uniforms and for medical care and accommodation for soldiers and law enforcement officers of the Federal Police. Section 9 (Sections 71–85) contains various transitional provisions.

According to Section 9, the Federal Salary Act closes with several annexes, the most important of which are the so-called federal salary regulations:

Changes to the Federal Salary Act

If the federal government wants to increase the salaries of its civil servants, judges, soldiers and university lecturers, it must change the relevant salary regulations. The Federal Salary Act and the associated salary regulations have therefore been changed many times since they came into force in 1957.

Ordinances on the Federal Salary Act

On the basis of the Federal Salary Act, the following legal ordinances were issued:

inoperative since December 31, 2019:

The Federal Ministry of the Interior, Building and Home Affairs has also issued a general administrative regulation for the Federal Salary Act. It contains binding regulations as well as information and explanations on individual provisions of the law.

Validity in the countries

The Federal Salary Act that came into force in 1957 did not originally apply to civil servants in the federal states. In 1971, however, through an amendment to the Basic Law, the federal government took over the legislative competence for the entire civil servant salary law and standardized salaries in the federal, state and local governments. This principle of exclusive legislative competence of the federal government was abandoned in 2006 by the so-called federalism reform . Since then, the states have again been entitled to enact their own state salary laws.

Baden-Württemberg, Bavaria, Brandenburg, Hamburg, Hesse, Rhineland-Palatinate, Saxony, Saxony-Anhalt, Schleswig-Holstein and Thuringia have made extensive use of this option.

Berlin, Bremen, Mecklenburg-Western Pomerania, Lower Saxony, North Rhine-Westphalia and Saarland have also issued their own state regulations. However, some of these still refer to the Federal Salary Act. The Federal Salary Act therefore continues to apply in the countries mentioned, but not in the current version, but in the version valid on August 31, 2006 (see Section 82 ).

literature

Web links

  • Salary. Federal Ministry of the Interior, Building and Home Affairs, accessed on February 10, 2019 .

Individual evidence

  1. General administrative regulation for the Federal Salary Act (BBesGVwV) of June 14, 2017 ( GMBl. 2017 No. 25–28, p. 430)