Membership allowance

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The parliamentary allowance is in addition to the office equipment is a part of the diets (Latin "this", "day"; the medieval Latin "dieta", "daily wages"; French "diète", "The convenes meeting"; in Switzerland is of daily allowance spoken), the the one Parliament members are granted. There have been diets in Germany since 1906. Before that, membership in parliament was voluntary and the members of the Reichstag were not allowed to receive payment for this activity.

Originally, the first of diets were Pericles introduced, so that members of the lower to classes of policy could devote (loss of earnings was offset). There was now attendance fees for the judge's office, regular compensation for hoplites and rowers as well as for the councilors of Athens.

The parliamentary allowance in Germany (as of April 2020) has been 10,083.47 euros per month since July 1, 2019. The automatic increase was suspended in 2020. However, this does not apply to the federal government, whose members received even more money from March 1st.

General

The amount and structure of parliamentary allowances is a constant subject of public discussion. The following issues are controversially discussed:

  • the daily wage of a member of the Bundestag
  • the absolute amount of diets,
  • the relationship between the amount of the diet and the workload of the parliamentarians, especially for members of the state parliament
  • the amount of the diets compared to the income a member of parliament would earn outside of politics (e.g. measured by his qualifications or his previous professional activity),
  • adapting diets to general wage developments,
  • the setting of the diets by the parliaments themselves or an automatic adjustment to wage increases,
  • Additional benefits that MPs receive from employees or civil servants (e.g. transitional allowances, retirement benefits, free tickets, etc.),
  • (Flat rate) services for employees, work equipment, constituency offices, etc.,
  • the treatment of parliamentarians' additional income ,
  • Dual support for MPs who also hold government offices,
  • indirect party financing through mandate holder fees ,
  • Functional allowances (see below)

and

  • the tax exemption of the allowance for expenses paid to the German MPs in addition to the diets.

history

The history of parliamentary allowance began with the invention of Athenian democracy . For the visit of the Athenian people's assembly ( Ekklesia ) was since about 395 BC. A compensation, the so-called Ekklesiastikon was paid. The complaint about increasing compensation is not new either, it was filed back then.

With the advent of modern parliaments in the 18th and 19th centuries, no diet regulation was initially provided. In order to make parliamentary work possible for candidates with no assets, diets were increasingly demanded (e.g. in 1836 by the Chartists in England ). In the constitution of the German Reich of 1871 , Article 32 initially stipulated a ban on diets for members of the Reichstag . From January 1874, the MPs only received a free train ticket to get there. This should counteract professionalization (“professional parliamentarians”) and strengthen the independence of parliamentarians. The MPs therefore had to have assets in order to be able to finance their mandate at all with the private income. Workers and small salaried employees (naturally the SPD's clientele) were therefore disadvantaged in their mandate per se, if they could run for parliamentary elections at all. The former German Progressive Party had therefore set up a diet fund from which individual members of parliament received such compensation. Only after many attempts, and above all at the urging of the SPD, was the diet ban lifted in 1906 by a constitution-amending Reich law. Daily allowances were already paid at the federal state level. For example, in accordance with the law of October 20, 1894, the members of the second chamber of the estates of the Grand Duchy of Hesse received a daily allowance of 9, from 1911 of 15  gold marks .

While the diet issue was hotly contested in the German Reich and England, diets were common in the other democracies in the second half of the 19th century.

In the Weimar Republic , the right to compensation for members of parliament was given constitutional status for the first time (Article 40 of the Weimar Constitution ). The members of parliament received 25 percent of the basic salary of a minister throughout the year as well as one-thirtieth of the monthly flat rate per day if they had to be in Berlin outside of session periods.

In 1949 the parliamentary allowance was laid down in Article 48, Paragraph 3 of the Basic Law . The compensation in 1949 was 600 DM. In addition, there was a daily allowance of 450 DM as well as a flat-rate reimbursement of expenses of 300 DM and 600 DM travel expenses.

A pension for old age and survivors was only introduced in 1958. The occasion was the accidental death of the MP Josef Gockeln , who had been one of the most ardent supporters of a parliamentarian pension for old age and especially for the bereaved, "so that in the long run not only wealthy people who can provide from private funds sit in parliaments". It was ironic of fate that it was only his accidental death, which turned his wife and children into social cases, that a group of 34 members of the  Bundestag led by Josef Arndgen (CDU), Walther Kühn ( FDP ), Carlo Schmid (SPD) and Ludwig Schneider ( DP ) introduced a corresponding bill on old-age, disability and survivors' benefits for members of parliament.

Germany

Supply of the members of the Bundestag

Membership allowance

The principles for the supply of the members of the German Bundestag are  laid down in Article 48.3 of the Basic Law. It states that MPs are entitled to appropriate compensation that ensures their independence and that they are free to use all public transport. Details shall be by federal law, in this case by the Deputies Act regulated. The law on representatives distinguishes between the members' compensation - the actual salary of the member - and the office equipment. Before 1977, the members of the German Bundestag received a tax-free allowance, known as diets.

The members of the Bundestag receive a monthly "parliamentary allowance" of EUR 10,083.47 (as of July 1, 2019). The parliamentary allowance has been taxable since 1977, but remains exempt from pension contributions. The official equipment granted ( § 12 AbgG) is a tax-free lump sum. The members of the Bundestag do not receive a daily allowance, in contrast to the MEPs.

Since the Diet judgment of the Federal Constitutional Court in 1975, the members of the Bundestag and Landtag have determined the amount of their salaries themselves. According to this judgment, the members of parliament are obliged to determine the amount of their income "in front of the public"; an automatic increase in diets linked to the salaries of civil servants is therefore not permitted. When the Bundestag diet was introduced, the remuneration corresponded to the income of a judge at a supreme federal court . Today, the diets lag behind this benchmark by around 950 euros, as the MPs have repeatedly refrained from increasing the diet. Diets, like general income and cost of living, have risen significantly since 1977, but from a statistical point of view, diets have lagged behind the general income trend, as, according to the diet judgment, they are no longer based on average income ( GDP per capita in Germany 2006, 2,952 euros per month ). A push by the grand coalition to align the salaries of members of parliament with the salaries of federal judges at the beginning of 2010 to an amount of 8,159 euros led to heated discussions at the beginning of May 2008. The parliamentary group chairmen of the CDU / CSU and SPD then stopped the project on May 20, 2008 because it was "obviously not negotiable".

Compensation for members of the Bundestag
Period Diets
(at current prices)
Flat rate fee
(at current prices)
DM Euros / month DM Euros / month
1.9.1949–31.3.1951 600 307 (*)    
1975-1977 3,850 1,966    
1977-1982 7,500 3,835    
1983– 7,819.5 3,998    
1.7.1992-30.9.1995 10,366 5,300 (**) 5,978 3,057
1.1.1996–31.12.1996 11,300 5,778 (**) 6,142 3,140
1.1.1997-30.6.1997 11,300 5,778 (**) 6.251 3,196
1.7.1997–31.12.1997 11,825 6,046 (**) 6.251 3,196
1.1.1998–31.3.1998 11,825 6,046 (**) 6.344 3,244
1.4.1998–31.12.1998 12,350 6.314 (**) 6.344 3,244
1.1.1999–30.6.2000 12,875 6,583 (**) 6,459 3,302
1.7.2000–31.12.2000 12,953 6,623 (**) 6,520 3,334
1.1.2001–31.12.2001 13,200 6,749 (**) 6,558 3,353
1.1.2002–31.12.2002   6,878 (**)   3,417
1.1.2003–31.12.2007   7.009 (**)   3,503
1.1.2008–31.12.2008   7,339 (**)   3,782
1.1.2009–31.12.2009   7,668 (**)   3,868
1.1.2010–31.12.2011   7,668 (**)   3,969
1.1.2012–31.12.2012   7,960 (**)   4.029
1.1.2013–30.6.2014   8,252 (**)   4.123
1.7.2014–31.12.2014   8,667 (**)   4,204
1.1.2015–30.6.2016   9,082 (**)   4,267.06
1.7.2016–30.06.2017 9.327 (**) 4,305.46
1.7.2017–30.06.2018 9,541.74 4,318.38
1.7.2018–30.06.2019 9,780.28 4,339.97
1.7.2019– 10,083.45 4,418.09

(*) plus daily allowance DM 450 plus reimbursement of expenses DM 300 plus DM 600 reimbursement of travel expenses.

(**) Since January 1, 1995 minus 1/365 of the amount as a contribution to long-term care insurance (cf. § 11 Paragraph 3 AbgG).

Office equipment / benefits in kind account

In order to be able to exercise their mandate, MPs receive benefits in cash and in kind. The benefits in kind include the provision of furnished offices at the seat of the German Bundestag in Berlin and the connection to the Bundestag's common information and communication system, which includes telephone, internet, e-mail, etc. In addition, an annual amount of 12,000 euros is made available to the MPs, with which they "primarily office supplies, devices such as laptops with accessories, dictation and fax machines, mandate-related specialist books, writing instruments, stationery, the IT equipment of their constituency offices, cell phones and cell phones - and fixed network contracts ". Since the expenses must be proven, the Bundestag administration will set up an account for benefits in kind, through which expenses of up to 12,000 euros per year will be settled.

Flat rate

Pursuant to Section 12 (2) AbgG, members of the Bundestag receive a flat-rate fee that is used in particular to pay office costs for constituency offices outside the seat of the German Bundestag (rent, postage, inventory, literature), additional expenses for accommodation and meals at the Bundestag seat and for travel, Travel costs for journeys in the exercise of the mandate, insofar as they are not reimbursed and other costs are used for other mandate-related expenses (representation, invitations, constituency support, etc.). Since January 1, 2019, the flat fee has been € 4,418.09 per month. Since the all-in fee is only used to reimburse mandate-related expenses, it is tax-free and does not count as income. In addition, it cannot be attached. The flat-rate fee is reduced for the MP if he is absent from roll-call votes or elections, for example. Section 14 AbgG regulates further details .

The MP does not have to give an account of the use of the flat rate. It is therefore generally not possible to determine whether the flat-rate fee covers the mandate-related expenses; Mandate-related expenses that exceed this amount cannot be claimed from the Bundestag or the tax office. Conversely, MPs who have lower expenses receive a tax-free additional income through the flat-rate fee.

Employee

In order to cope with the tasks in Berlin and in the constituency, the MPs have the right to employ employees up to a total of 22,436 euros per month (gross employee, as of March 2020) at the expense of the Bundestag. The employees may not be current or former life partners, related to the MP, married or related by marriage.

Travel reimbursement

Article 48, Paragraph 3, Sentence 2 of the Basic Law ensures that MPs can use all public means of transport freely. Section 16 of the Law on Representatives specifies that MPs arefree to useall means of transport operated by Deutsche Bahn . You will receive a 1st class network card for this. In contrast to the Bahncard , however, this is notvalidon non-federal railways . Trips with these will be reimbursed individually. This network card can also be used privately without restrictions since 2012. In addition, the costs for flights and sleeping cars are charged against proof for mandate trips in Germany in accordance with § 12 para. 4 i. V. m. Section 16 (1) sentence 2 AbgG.

Health Insurance Subsidy

The MPs have the choice of whether to take out statutory or private health insurance . For those with statutory health insurance, the Bundestag, like any private employer, pays half of the contributions.

The same rules apply to those with private insurance as to every employee: The Bundestag pays half of the monthly charge up to a maximum amount that corresponds to the amount for those with statutory insurance.

Unemployment and pension insurance

Members of the Bundestag do not pay any contributions to unemployment or pension insurance out of their parliamentary allowance and in return do not receive any benefits from the statutory social insurance, but acquire entitlements similar to pensions. In this regard, you are treated like civil servants.

Survivors' pension

If a member of parliament dies while exercising his or her mandate, the surviving dependents receive a bridging allowance, which is intended to facilitate the transition to new living conditions. When the death benefit was abolished, the bridging allowance was reduced by a corresponding amount.

Transitional allowances after leaving the Bundestag

After the end of their mandate, the former MPs receive a taxable transitional allowance, which is intended to help them reintegrate into their previous occupation. For each year in which the mandate is exercised, the transition allowance is paid for one month, but for a maximum of 18 months. The amount depends on the current parliamentary allowance. A former member of parliament currently receives a transitional allowance of 9,541.74 euros for one year in the Bundestag, for 18 years and more he is entitled to a total of 171,751.32 euros (to be paid in 18 monthly installments of 9,541.74 euros).

From the second month after leaving, all other income will be offset against the transition allowance.

Retirement benefits

The MPs also receive an old age allowance. The retirement allowance is based on the monthly allowance for parliamentarians (Section 11 (1) AbgG). From January 1, 2008, the rate of increase will be 2.5 percent of the members' allowance for each year of membership in accordance with Section 11 (1). The maximum assessment rate for old-age allowance is 67.5 percent and is reached after 27 years. As in the statutory pension insurance scheme, the starting age for old-age benefits is gradually increased from 65 to 67 years of age. If politicians receive payments from several sources, these are usually offset against each other according to a certain key. The retirement allowance is fully taxable.

Outside employment

Members of parliament are allowed to do paid secondary employment in the private sector, for example on supervisory boards . This often leads to general debates among the public about the extent to which these activities influence free decision-making through conflicts of interest. All secondary employment must be reported to the President of the Bundestag . For constitutional reasons, the diets are not reduced accordingly if there is ancillary income . Many sideline activities consist of voluntary work in foundations or associations. Following a corresponding revision of the transparency regulation at the end of 2005 and a ruling by the Federal Constitutional Court on July 4, 2007, the members' income from secondary activities will be disclosed to a limited extent.

Functional remuneration

Holders of certain functions (members of the parliamentary presidium, parliamentary group chairmen, committee chairmen, etc.) receive increased parliamentary allowances (function salaries).

In the Bundestag, the functional allowances are paid by the parliamentary groups through Section 52 (2) No. 2a AbgG. The problem here is that Section 52 (2) No. 2a AbgG does not clearly define for which functions and in what amount functional allowances may be paid. The purpose of the standard is the accounting by the parliamentary groups and not the regulation of functional allowances. However, it follows from the wording of Section 52 (2) No. 2a AbgG that at least one accounting is provided for “parliamentary group members for the performance of special functions in the parliamentary group”. If an invoice is planned for this, the payment of functional allowances must at least be provided.

Functional allowances are therefore provided for and payable in Section 52 (2) No. 2a AbgG.

The Second Senate of the Federal Constitutional Court decided that the granting of a functional allowance to the parliamentary group chairmen is compatible with the constitution. Corresponding allowances for the deputy group chairmen, the parliamentary managing directors of the groups and the committee chairmen, on the other hand, violate the freedom of mandate and the principle of equal treatment of members. The occasion was a lawsuit against the Thuringian law on parliament.

Reform proposals

The FDP would like to transfer the task of setting diets from the Bundestag to a commission independent of the Bundestag and to align the pension scheme with that of the liberal professions. This system was implemented in North Rhine-Westphalia.

Care for the members of the parliaments of the German federal states

The supply of the members of the parliaments of the 16 German federal states is subject to the regulations there. There are significant differences, particularly in terms of old-age provision. In addition to the independent old-age compensation model (similar to the civil servants' pension), there is an independent pension scheme for Brandenburg and North Rhine-Westphalia; in Baden-Württemberg, Bremen and Schleswig-Holstein, MPs receive additional monthly pension lump sums if they make private provision for old age without the right to choose capital.

Baden-Württemberg

The parliamentary allowance for members of the Baden-Württemberg state parliament is regulated in the Baden-Wuerttemberg State Parliament Act. According to this, the MPs currently (2017) receive monthly compensation of 7,776 euros. The compensation is adjusted annually on July 1st and follows an index of various components of the wage development. The President of the State Parliament and the parliamentary group chairmen receive a rather high allowance compared to other countries, namely an additional 125 percent of the basic allowance.

In addition, the MPs receive a flat fee of 2,169 euros per month (as of 2017), the amount of which is adjusted annually according to the consumer price index for Baden-Württemberg. For employees, costs are covered up to the amount of a full-time position in pay group 14 in experience level 5 (final level) of the TVL , which in turn is relatively high in a country comparison. The Baden-Wuerttemberg Representatives' Act also provides that some parliamentary functions are linked to an increased flat fee. The president of the state parliament and parliamentary group chairmen receive a 50 percent bonus on the flat-rate fee, while vice-presidents and parliamentary managing directors and committee chairmen receive a 25 percent bonus. All members of the petitions committee , committees of inquiry and inquiry commissions also receive a 10 percent allowance on the flat fee. A combination of the allowances is not possible.

After one year of membership in the state parliament, there is an entitlement to transitional allowance for three months in the event of resignation. For each year membership in the state parliament, the expense allowance is paid out for one month, for a maximum of two years. Income from gainful employment and pension payments are taken into account. On request, the transition allowance can be paid in half for twice the amount of time.

In order to finance a retirement pension , the members of the Baden-Württemberg state parliament receive an additional 1,720 euros per month (as of 2017) against proof of using this amount for a retirement pension without the option of capital. In contrast to the pension model used for members of other parliaments in accordance with the civil service pension, no other income can be offset against the pension actually paid out after reaching the age limit. Members of parliament who are also full-time members of the state government or political state secretaries and who acquire entitlement to a pension through these offices are not entitled to the pension contribution.

Bavaria

The parliamentary allowance for members of the Bavarian state parliament is regulated in the Bavarian parliamentary law. According to this, the MPs currently (as of 2017) receive 8,022 euros. The compensation is adjusted annually on July 1st and follows an index of various components of the wage development. The diets and the adjustment procedure have to be decided anew every legislative period.

In addition, the members of parliament receive a flat fee of 3,398 euros per month (as of 2017). Here, the adjustment takes place annually according to the Bavarian consumer price index . In addition, there are services for certain business trips and for equipping with information and communication facilities (12,500 euros per electoral period). For employees, as regulated in the budget of the Bavarian State Parliament, costs are assumed that may not exceed the sum of a two-thirds digit in pay group 13 and a full digit in pay group 6 of the TVL (each highest level of development; since January 1, 2012 7,330 euros ).

After one year of membership in the state parliament, there is an entitlement to transitional allowance in the event of resignation. The allowance is paid out for one month for each year membership in the state parliament, for a maximum of 18 months. From the second month, income from gainful employment and pension payments are fully taken into account.

After ten years of membership in the state parliament, a member is entitled to old-age allowance. After ten years of membership, this amounts to 33.5 percent of the MP's compensation and increases by 3.825 percent of the compensation for each additional year up to a maximum of 71.75 percent. Compensation is paid once the statutory retirement age has been reached for the statutory pension insurance ; if membership is longer than ten years, each additional year of membership is paid six months earlier, but no more than five years before the statutory retirement age is reached. Members of the state parliament who have not acquired a right to old-age allowance are entitled to a pension payment of 120 percent of the maximum rate of the contribution to the statutory pension insurance for each month of membership, additional insurance for the duration of the membership in the statutory pension insurance with its maximum contribution rate or recognition as service time for the civil servant pension .

Berlin

Compensation for members of parliament in Berlin is based on the law governing the legal relationships of members of the Berlin House of Representatives . Since January 1, 2018, the monthly diets have been EUR 3,840 (2017: EUR 3,742, 2016: EUR 3,601, 2015: EUR 3,526, 2014: EUR 3,498, 2013: EUR 3,477, 2012: EUR 3,369). Since January 1, 2020, the members of the House of Representatives have received a basic allowance of 6,250 euros.

The benchmark for the adjustment is the change in a weighted measure of the earnings development in Berlin, which is composed of the changes in the average gross monthly earnings of full-time employees (excluding special payments)

  1. in manufacturing,
  2. in energy and water supply,
  3. in construction,
  4. in trade and in the field of maintenance and repair of motor vehicles,
  5. in the hospitality industry,
  6. in traffic and storage,
  7. in the financial and insurance services sector,
  8. in real estate and housing,
  9. in the field of professional, scientific and technical services,
  10. in the field of other economic services,
  11. in public administration, defense and social security,
  12. in education and teaching,
  13. in health and social services,
  14. in the field of art, entertainment and recreation,
  15. in the field of other services;

these changes flow into the weighted measure at the percentage that corresponds to the share of employees in these areas in relation to the total number of employees in Berlin. The Office for Statistics Berlin-Brandenburg notifies the President in the form of a report of the percentage change in the determined measure of earnings development by September 1 of each year. This publishes the report as a printed matter.

Since 2012, the diet increases have been decoupled from the salary adjustments of the Berlin state officials. From the reason for the draft law: "It seems appropriate ... to carry out an extrapolation based on the development of the average gross monthly earnings of full-time employees."

A member of parliament receives a monthly flat-rate fee of 2,518 euros (2016). Costs for employees are paid against proof up to a maximum amount of 3021 euros per month (employee gross) plus employer contributions.

The members of parliament and beneficiaries under this Act receive a subsidy for their health insurance contributions on request if they are not entitled to a subsidy for their health insurance contributions according to the provisions of Book V of the Social Security Code (SGB V) or the law on the health insurance of farmers.

As a subsidy, 40 per cent of the highest general total contribution that would have to be paid to the company health insurance fund of the state and the city of Berlin in the event of compulsory health insurance due to employment with the State of Berlin. In 2013 the amount was 245 euros per month.

The members of parliament are insured against accidents by the President in such a way that they acquire their own claim against the insurer for disability compensation, daily hospital allowance and convalescence allowance as well as for reimbursement of the necessary medical costs arising from the treatment of the consequences of the accident.

A transitional allowance is paid provided that the member's status has existed for at least one year. The duration of the subscription corresponds to the number of years in the House of Representatives in months, but a maximum of 18 months.

A pension in the amount of between 35 percent and 65 percent of the diets is paid, provided that the MP has been in office for at least nine years and has reached at least 63 years of age.

Brandenburg

In the federal state of Brandenburg , the diets of currently 7,967.35 euros (as of 2017) are legally linked to the income development in the state of Brandenburg. The flat rate for expenses in the constituency is 635.23 euros, a further 243 euros are intended to cover the additional costs at the seat of the state parliament. The flat-rate travel allowance is 169 euros per 30 kilometers from the state capital Potsdam.

Until 2013, MPs received a pension for every year they belonged to the state parliament in the amount of 3.3 percent of the basic diet, but a maximum of 69 percent of the basic diet (which, according to this calculation, is reached after 20.9 years). The entitlement is reached from the age of 57 to 67, depending on the length of the parliamentary term, and the pension is paid from the age of 60 at the earliest (Sections 11 and 12 AbgG Brandenburg).

From the 6th legislative period onwards, a comprehensive reform of the law of representatives will take effect, including the introduction of old-age pensions through a joint pension fund of the state parliaments of North Rhine-Westphalia and Brandenburg .

Since 2013, instead of the previous EUR 4,731, MPs have now received EUR 7,510 per month, which, however, are fully taxable. From 2017, the monthly allowance for members of parliament from Brandenburg will be 7,967.35 euros, plus a lump sum of 1,712.29 euros made available to finance the pension contributions.

Bremen

Members of the Bremen citizenship receive compensation of 5,154.42 euros per month (as of 2019). The amount is adjusted to the income and cost development on July 1st of each year. To finance their retirement provision, members of parliament receive a monthly lump sum of 822.53 euros per month (as of 2019), provided they can prove that they have a corresponding retirement provision.

If, because of the municipal electoral rights of EU citizens, members of the city citizenship do not also belong to the Bremen citizenship (state parliament), they receive 15 percent of the monthly allowance.

Hamburg

In the "Hamburg deputies Law" fees and services are for members of the Hamburg Parliament regulated in detail. The monthly basic salary was last increased on January 1, 2018 from 2,777 euros to 2,833 euros. At the beginning of the 22nd legislative period, this amount was increased once to EUR 3,118. The president and group chairman each receive three times the salary, and deputies and group spokespersons each receive twice the amount.

For additional services, each member receives a monthly flat-rate office costs of 740 to 980 euros and an expense allowance of 540 euros / month (functionaries receive two to three times the amount accordingly). Upon request, costs of up to EUR 2,860 / month for personnel and services will be reimbursed, plus the employer's contribution for social and accident insurance. These amounts increase regularly by a fixed percentage. One-off lump sums are granted for 4,500 euros for office equipment and between 358 and 461 euros for office rentals per electoral term.

Other benefits include the attendance fee of 40 euros per member / attendance at meetings, accident insurance and 50 percent coverage of health and long-term care insurance. The allowance also includes the use of telephone / internet and other services provided by the citizens. Each member also receives a monthly ticket for the area of ​​application AB of the HVV .

On application, one-off grants can be applied for on a case-by-case basis and one-time or ongoing maintenance grants can be granted to a former member and their surviving dependents. After resigning from the citizenship, every member of one year or more receives a transitional allowance on request for one year, of which 3 months in full and a further 9 months with 50 percent of the remuneration. There are further regulations for old-age benefits, severance payments, bridging allowances, damage to health, benefits for surviving dependents, widows and orphans benefits, as well as for the receipt of remuneration and benefits from multiple offices.

On January 1st of each year, the remuneration is adjusted according to an average value calculated by the North Statistics Office . The appropriateness of remuneration and other benefits is checked and assessed by an independent dietary committee before the end of an election period. At the beginning of 2019, the experts found an additional increase of 1,000 euros per month to be appropriate.

Hesse

Compensation for members of parliament in Hesse is based on the Hessian Law on Members of Parliament (HessAbgG). Since July 1, 2008, the diets have been € 6,657 per month.

An adjustment of the diets is to be decided by the Hessian state parliament at the beginning of the legislative period. On July 1st of 2009, 2010, 2011, 2012 and 2013 the diets are automatically adjusted to the average income development. The measure for the adjustment is (actually) the percentage change in income of a basket of average gross monthly earnings of different income classes (blue-collar workers, salaried employees and civil servants).

Furthermore, a (tax-free) flat fee of 533 euros, a transitional allowance and a retirement pension are paid.

Since July 1, 2016, the parliamentary allowance has been 7,583, the tax-free expense allowance 587 euros per month.

Entitlement to a pension arises after six years of membership in the state parliament and amounts to 27.27 percent of the basic diet (1,807 euros) and increases by 2.75 percent for each full year of membership in the state parliament up to a maximum of 71.75 percent of a diet . This means that the maximum pension is achieved after 22 years of membership in the state parliament. This leads to a maximum entitlement of 4,755.59 euros per month.

See also diet increase in the Hessian state parliament in 1988 .

Mecklenburg-Western Pomerania

A member of parliament in Mecklenburg-Western Pomerania currently receives payments of 6,277.97 euros. For the care of the constituency, office costs, furniture, costs for postage and telephone as well as other expenses, each member receives a monthly flat rate of 1,587.25 euros.

After leaving, a member of parliament can receive transition allowance for up to 3 years . The maximum subscription period depends on the length of membership in the state parliament. The amount of the transitional allowance starts at 90 percent and drops to 70 percent after just 3 months and to 50 percent after one year. Other income is fully offset.

Former MPs only receive retirement benefits after they have reached 67 years of age. The amount depends on the length of time you have worked in the state parliament. Other income is credited extensively towards the pension scheme, unlike claims against pension funds or from pension insurance.

Lower Saxony

The parliamentary allowance for members of the Lower Saxony state parliament is regulated in the Lower Saxony parliamentary law. According to this, the MPs currently receive 7,175.52 euros (as of 2019). The compensation is adjusted annually on July 1st and follows an index of various components of the wage development. However, the prerequisite for each individual adjustment is confirmation by the state parliament plenum, in this respect the automatism in Lower Saxony is broken. Apart from this special regulation, the law on representatives contains some regulations that are also common in the other federal states, such as double basic compensation for the president of the state parliament. The surcharge for Vice Presidents is only 40 percent.

In addition, the members of parliament receive a flat rate of 1,456.95 euros per month (as of 2019). President, vice-presidents and committee chairmen receive a higher flat rate fee. There are also other services. The costs of a full-time position in pay grade 9 and development level 4 are assumed for employees of the members of parliament.

After one year of membership in the state parliament, there is an entitlement to transition allowance for at least three months in the event of resignation. For every additional year membership in the state parliament, the expense allowance is paid out as a transitional allowance for one month, for a maximum of one year. Income from gainful employment and pension payments are taken into account.

After one year of membership in the state parliament, a member is entitled to old-age allowance. The amount of the retirement allowance per year of membership is 2.5 percent of the MP's allowance, with a maximum of 71.75 percent. Compensation is paid from the age of 67. For members of the state parliament who have not acquired a right to old-age compensation, there is a right to a pension payment in the amount of the maximum rate of the contribution to the statutory pension insurance for each month of membership, additional insurance for the duration of membership in the statutory pension insurance with its maximum contribution rate or recognition as a period of service for the civil servant pension .

North Rhine-Westphalia

Currently (May 2020) members of the NRW state parliament receive 9,330 euros (gross) and an additional 2,290 euros per month for the pension fund (pension scheme).

In 2005, the state parliament in North Rhine-Westphalia unanimously decided to reorganize parliamentary salaries. In return, the gross amount must be fully taxed. There were also no other allowances and flat-rate charges. There is no vacation or Christmas bonus, and no more attendance fees are paid. The period of time for transitional allowances (after the state parliament left) was reduced to twelve months. Each member pays 2,290 euros a month from their salaries into a “ pension scheme for the members of the state parliament of North Rhine-Westphalia and the state parliament of Brandenburg ” set up for this purpose . This finances the later payments to its members exclusively from their own contributions; no contribution payments are made by the state of North Rhine-Westphalia. Only the administrative costs are additionally financed from the state budget. This means that old-age provision is organized completely independently of both the statutory pension insurance and pension regulations in the public service. The payments from the NRW pension fund are therefore not offset against other pension payments or public service pension entitlements; these are paid additionally (provided that they are eligible). There is an annual adjustment of the members' salaries on July 1st.

In January 2018, the CDU, SPD, FDP and Greens increased the employee flat rate by 89 percent from 4,417 to 8,348 euros, against the votes of the AfD parliamentary group.

Rhineland-Palatinate

The parliamentary allowance for members of the Rhineland-Palatinate state parliament is regulated in the state's parliamentary law. As of January 2020, the MPs received a monthly allowance of 6,992.57 euros, which is taxable. The President of the Parliament and the political group leaders received - as in many other state legislatures (qv) - a supplement equal to another basic compensation. The vice-presidents of the state parliament receive an allowance of half a basic allowance.

In addition, the MPs receive a flat rate, in particular for the support of the constituency, office costs, postage and telephone of 1,280 euros per month. The president, the vice-presidents, the group chairmen and the committee chairmen receive an allowance on top of the lump sum. Furthermore, the MPs are paid a daily allowance for additional expenses at the seat of the state parliament in the amount of 310 euros and a reimbursement of travel expenses - staggered according to the removal of the residence from Mainz - of at least 161.06 euros.

Upon request, costs for employing employees to support parliamentary work will be covered up to the amount corresponding to the table remuneration pay group TV-L E 9 (level 3).

A member of parliament receives three months transitional allowance equal to the basic allowance, provided that he has been a member of the state parliament for at least one year. For each additional year of membership, an additional month of transition allowance is paid, up to a maximum of 12 months.

A former member of parliament will receive a retirement pension after leaving the company if he has reached the age of 60 and has been a member of the state parliament for ten years. Up to the 13th year of membership, entitlement arises one year earlier, i.e. H. After 13 years of membership, you are entitled to a pension from the age of 57.

After 10 years of membership, the amount of the pension amounts to 33 percent of the basic compensation. It increases by 3.5 percent for each additional year of membership up to the 20th year. Accordingly, the maximum limit is 68 percent of the basic compensation.

Saarland

The parliamentary allowance for members of the Saarland state parliament is regulated in the Saarland parliamentary law. Thereafter, the MPs will receive a monthly allowance of 5,943 euros, from June 1, 2020 6,133 euros. The President of the Parliament and the political group leaders get - as in many other state legislatures (qv) - a supplement equal to another basic compensation.

In addition, the MPs receive a flat rate of 1,390 euros per month, from June 1, 2020 1,435 euros. The president, the vice-presidents, the group chairmen and the committee chairmen receive an allowance of up to 40 percent on the flat fee. In addition, there are attendance fees of 25 euros per meeting, as well as other services, such as a flat-rate travel allowance of at least 77 euros per month, which depends on the distance from the place of residence to the seat of the state parliament. In contrast to the corresponding regulations of the other state parliaments, the Saarland Representatives Act does not provide for reimbursement of the costs for members of parliament.

After one year of membership in the state parliament, there is an entitlement to transitional allowance for three months in the event of resignation. For every additional year membership in the state parliament, the expense allowance is paid out for one additional month, for a maximum of eighteen months. This corresponds to the regulations of other federal states (see d.). Income from gainful employment and pension payments are offset against the transitional allowance.

Members of parliament who have been part of the state parliament for ten years after their retirement at the age of 65 receive an old-age allowance of 35 percent of the basic allowance. The old-age allowance increases for each additional full year of membership by 3.5 percent up to a maximum of 71.75 percent. If, during the term of office, an increased basic compensation was paid to the members of the Landtag Presidium, this amount is used proportionally as the basis for the old-age compensation. Overall, the achievable old-age benefits are therefore rather high in a country comparison.

Saxony

The basic diet of a member of the Landtag of the Free State of Saxony is based on the remuneration of a judge at the regional court (salary group R2 level 8) and is currently (since August 2014) 5,212.54 euros (from August 2015 5337.64 euros, from August 2016 5,487.09 euros , from August 2017 5668.16 euros) that is taxable. In addition, MPs receive a lump sum of at least 3,163.28 euros (up to a maximum of 4,135.97 euros, depending on their place of residence), which remains tax-free and for the payment of which no proof of actual expenditure is required. After losing parliamentary status, a transitional allowance in the amount of the basic diet is paid for one month for each year of membership, but for a maximum of 18 months. Furthermore, depending on the length of membership in the state parliament (membership in the LT for at least 10 years), there is a pension for the MPs. You will receive between 1,499 euros and 3,212 euros, the payment of which begins from the age of 67. Due to the amendment to the Members' Act on March 23, 2011, the pension scheme for all members of the 5th and later legislatures (from August 2009) was adapted to the provisions of the statutory pension. This means that the MPs can now retire at the earliest 5 years before reaching the statutory retirement age (currently 67) with pension reductions of 3.6 percent per year.

With the eleventh law amending the parliamentary law of November 15, 2007, the "North Rhine-Westphalian model" of a pension scheme was to be adopted through contributions to a members' pension fund. With the thirteenth law amending the law of 14 December 2010, this decision was reversed. Members of the current 5th electoral term have the right to choose between paying a pension contribution to take out private pension insurance without the right to choose from a lump-sum or a pension from the state parliament based on the civil service pension . The pension contribution corresponds to the maximum contribution for voluntary insurance in the statutory pension insurance and is not paid to members of the state government.

Saxony-Anhalt

The Basic Law and the State Constitution of Saxony-Anhalt stipulate that MPs are entitled to appropriate compensation that ensures their independence. The compensation must be the same for all MPs.

The President of the State Parliament seeks the advice of the Diet Commission about what is appropriate. In the 5th electoral term, this commission recommended that in future the parliamentary compensation should be based on the final basic salary of a judge in the state of Saxony-Anhalt in the lower salary group R 1. For this reason, she proposed that the basic compensation be increased by 175 euros from January 1, 2008, and thus adjusted to the current judge's salary, which has been in effect since January 1, 2004 (4,662 euros).

Due to the increase in judges' salaries by 2.9 percent in May 2008, the compensation should also increase by a further 135 euros to 4,797 euros. In view of the budgetary situation in the country, this increase in the basic allowance is only to take effect one year later than for the judges and therefore on May 1, 2009.

From May 1, 2009, a member of parliament receives a monthly allowance of EUR 4,797. In addition to this compensation, a member of parliament receives a monthly lump sum of EUR 997 for general costs arising from his position as member of parliament. In 2012, parliamentary allowances are expected to increase from EUR 4,797 per month by EUR 858 to EUR 5,655.

As of 2017, the parliamentary allowance amounts to 6,226.72 euros, plus a tax-free lump sum of 1,800 euros per month.

Schleswig-Holstein

The parliamentary allowance for members of the Schleswig-Holstein State Parliament is regulated in the Schleswig-Holstein Parliamentary Law. Since July 1, 2013, the MPs have received a monthly allowance of EUR 7,549.55. The compensation is adjusted annually on July 1st and follows an index of various components of the wage development. The President of the State Parliament and the parliamentary group chairmen receive a moderate allowance compared to other countries, namely an additional 72 percent of the basic compensation.

In addition, the members of parliament are reimbursed for travel expenses, travel expenses and accommodation expenses. For employees, costs up to the amount of 966.27 euros (since July 1, 2013) are covered, which is very little compared to the reimbursement of employee costs at other state parliaments (sd) up to pay group 9, 13 or 14.

After one year of membership in the state parliament, there is an entitlement to transitional allowance for three months in the event of resignation. For each additional year of membership in the state parliament, the allowance is paid for three additional months, up to a maximum of two years. This means that the coverage in the first years of the mandate is significantly better than in other state parliaments, which only grant one additional month of transition allowance for the second and subsequent years of mandate (sd). Income from gainful employment and pension payments are offset against the transitional allowance.

To finance a pension , the members of the Schleswig-Holstein Landtag will receive an additional 1,500 euros per month from July 1, 2013, in return for proof that at least the maximum contribution for the statutory pension insurance is to be used in a pension without the right to choose from capital. In contrast to the pension model used for members of other parliaments in accordance with the civil service pension, no other income can be offset against the pension actually paid out after reaching the age limit. Members of Parliament who are also entitled to an income from an office, for example as full-time members of the state government or political state secretaries, are not entitled to the pension contribution. These offices already give them entitlement to a pension.

As of 2017, parliamentary salaries rose to 8,035 euros, plus a contribution of 1,500 euros to finance the pension insurance.

Thuringia

According to § 54 of the Thuringian Constitution ("Diet Paragraph"), the diets are adjusted annually according to established rules. The diets increase with the rate of inflation. The flat-rate expense allowance for constituency employees increases with the collective bargaining agreements of the public service. A resolution in the state parliament does not take place.

The diets amount to 5,357.32 euros per month, plus a tax-free expense allowance between 1,912 and 2,669 euros, depending on the place of residence, for general costs as well as for additional expenses at the seat of the state parliament and a flat-rate travel allowance.

Members of parliament who have been a member of the state parliament for at least six years after their departure at the age of 60 receive an old-age allowance. The old-age allowance is 26 percent of the basic allowance. It increases for each additional full year of membership beyond the minimum period according to § 13 by 3 percent up to a maximum of 71.75 percent.

Compensation for members of the German state parliaments

Relevant payments (without cents), as of July 2019, source of the respective state parliaments

houses of Parliament Diets Lump sum for expenses Utility expenses Employee flat rate
State Parliament of Baden-Württemberg 000000000008210.00000000008,210 euros 000000000002286.00000000002,286 euros 000000000001859.00000000001,859 euros 000000000010897.000000000010,897 euros
Bavarian State Parliament 000000000008183.00000000008,183 euros 000000000003398.00000000003,398 euros - Euro 000000000008866.00000000008,866 euros
Berlin House of Representatives 000000000003944.00000000003,944 euros 000000000002580.00000000002,580 euros - Euro 000000000004227.00000000004,227 euros
Brandenburg State Parliament 000000000008116.00000000008,116 euros - Euro 000000000001806.00000000001,806 euros 000000000004468.00000000004,468 euros
Bremen citizenship 000000000005087.00000000005,087 euros - Euro 000000000000795.0000000000795 euros - Euro
Hamburg citizenship 000000000002907.00000000002,907 euros 000000000000390.0000000000390 euros - Euro 000000000002860.00000000002,860 euros
Hessian state parliament 000000000008184.00000000008,184 euros 000000000000950.0000000000950 euros - Euro 000000000005015.00000000005,015 euros
State Parliament of Mecklenburg-Western Pomerania 000000000006095.00000000006,095 euros 000000000001507.00000000001,507 euros - Euro 000000000004392.00000000004,392 euros
Lower Saxony State Parliament 000000000006973.00000000006,973 euros 000000000001088.00000000001,088 euros - Euro 000000000003560.00000000003,560 euros
State Parliament of North Rhine-Westphalia 000000000009330.00000000009,330 euros - Euro 000000000002290.00000000002,290 euros 000000000008869.00000000008,869 euros
Landtag Rhineland-Palatinate 000000000006736.00000000006,736 euros 000000000001280.00000000001,280 euros plus travel expenses - Euro 000000000003891.00000000003,891 euros
State Parliament of the Saarland 000000000005759.00000000005,759 euros 000000000001347.00000000001,347 euros - Euro - Euro
Saxon State Parliament 000000000005943.00000000005,943 euros 00000000002854-29550.000003,284-4,294 euros - Euro 000000000006019.00000000006,019 euros
State Parliament of Saxony-Anhalt 000000000006606.00000000006,606 euros 000000000001800.00000000001,800 euros - Euro 000000000004129.00000000004,129 euros
Schleswig-Holstein State Parliament 000000000008425.00000000008,425 euros - Euro 000000000001500.00000000001,500 euros 000000000003172.00000000003,172 euros
Thuringian Parliament 000000000005623.00000000005,623 euros 00000000001684-17615.000001,958-2,733 euros - Euro 000000000003785.00000000003,785 euros
For comparison: the Bundestag 10,083 euros 4,418 euros - Euro 22,201 euros
Bundestag Landtag Nordrhein-Westfalen Landtag Schleswig-Holstein Bayerischer Landtag Landtag Brandenburg Hessischer Landtag Landtag von Baden-Württemberg Niedersächsischer Landtag Landtag Rheinland-Pfalz Landtag von Sachsen-Anhalt Landtag Mecklenburg-Vorpommern Sächsischer Landtag Landtag des Saarlandes Thüringer Landtag Bremische Bürgerschaft Abgeordnetenhaus von Berlin Hamburgische Bürgerschaft

Austria

The diets of the members of the National Council and the Federal Council are based on the Austrian Federal Payments Act (BBezG) and amount to 7,418.62 euros per month (with 14 months per year being paid). The members of parliament are compulsorily insured in the state pension insurance.

The respective bases are the federal law on payments and the respective state law on payments.

Compensation for members of the Austrian National Council and State Parliament 2017
houses of Parliament Diets / payments
Euro
National Council 8,755.76 (from 1.1.2017); Reimbursement of expenses according to the actual effort
Burgenland 4,822.10
Carinthia 4,364.80
Lower Austria 5,813.84
Upper Austria 6,566.62
Salzburger Land 4,954.80
Styria 5,691.24
Tyrol 5,603.69
Vorarlberg 4,198.96
Vienna 6,654.38

Switzerland

The members of the federal councils ( National Council and Council of States ) currently receive an annual income of 25,000 Swiss francs (CHF) for the preparation of council work, 425 CHF daily allowance for every working day on which a council member attends meetings of his council, a commission or a delegation Parliamentary group or its executive committee participates, as well as for each working day on which it fulfills a special task on behalf of the Council President or a commission, as well as CHF 31,750 as a contribution to cover the personnel and material expenses that serve the fulfillment of their parliamentary mandate (status: 2008 ). In addition, meals, accommodation and travel expenses are reimbursed at a flat rate. Only trips abroad are reimbursed according to the actual travel costs. Council members who chair a commission, a delegation, a section, a sub-commission or a working group receive double the daily allowance. In 2008, the members of the National Council received an average of CHF 75,278 taxable (annual lump sum and daily allowances) and CHF 55,617 tax-exempt (expenses) income. The Swiss parliament sees itself as a militia parliament - a large number of the council members still have normal gainful employment. Therefore, the compensation is relatively modest.

European Union

The diets of the members of the European Parliament are also politically controversial. Until mid-2009, the parliamentarians were compensated by the individual states, which meant that some Eastern European parliamentarians could not afford the high cost of living in Brussels. The introduction of a uniform diet regime for all MPs has resulted in MPs in national parliaments receiving lower diets than MEPs from the same country in many member states. The low taxation of diets is also criticized. In addition to the basic salary of 8,484.05 euros gross, they receive a flat-rate expense allowance of 4,342 euros and an employee flat-rate of a maximum of 24,164 euros per month. In addition, each MEP receives a daily allowance of 306.00 euros per day of the meeting. With the president, the daily allowance is paid for 365 days, which amounts to almost 112,000 euros.

United States

The first article of the United States Constitution , since independence, stipulates that members of both Houses of Congress receive MPs. The Congress itself determines the amount of compensation. The 27th Amendment to the United States Constitution provides that diet increases (or decreases) will not take effect until the next House election. Since its ratification in 1992, however, it has been possible to decide on annual increases in parliamentary allowances as "cost of living supplements" instead of traditional diet increases.

position Members' Allowance ( $ )
Member of the House of Representatives 000000000014500.000000000014,500
non-voting delegates 000000000014500.000000000014,500
Congress delegate from Puerto Rico 000000000014500.000000000014,500
senator 000000000014500.000000000014,500
Vice President of the United States 000000000019416.670000000019,416.67
Speaker of the United States House of Representatives 000000000018625.000000000018,625
President pro tempore of the United States Senate 000000000016116.670000000016,116.67
United States Senate Party Leader 000000000016116.670000000016,116.67
Party leader of the United States House of Representatives 000000000016116.670000000016,116.67
President pro tempore emeritus of the United States Senate 000000000016116.670000000016,116.67

See also

Web links

Individual evidence

  1. a b Explanation on juraforum.de
  2. Werner Braun, Monika Jantsch and Elisabeth Klante (2002), Law on Members of the Federal Parliament - including the Law on European Parliament and the Law on Members of the State: Commentary , page 84f., Berlin, New York: de Gruyter.
  3. Georg Busolt (1926), Greek Political Science - Second Half: Representation of individual states and interstate relations , unchanged reprint from 1972 of the third edition published in 1926, Munich: CH Beck, p. 899.
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  6. No waiver in the corona crisis: More money for Chancellor Merkel and ministers. Accessed July 3, 2020 (German).
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  75. § 16 of the Lower Saxony Parliamentary Law
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  80. § 21 of the Lower Saxony Deputies Act
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