Temporary retirement

from Wikipedia, the free encyclopedia

In the hiatus can in Germany without cause political officials , generals and admirals are mixed. No personal misconduct or a breach of duty is necessary. Usually the reason for the transfer to temporary retirement is a disturbed relationship of trust. In contrast to a dismissal, a pension is paid immediately and the person concerned is obliged to comply with a new appointment as a civil servant. The reason for the possibility of political officials being able to take temporary retirement is that those offices in the exercise of which they must be in constant accordance with the fundamental political views and goals of the government.

Statutory Regulations

The legal bases for the transfer to temporary retirement differ between federal and state officials as well as soldiers. What they have in common is that the transfer to temporary retirement is an administrative act .

Federal officials

Temporary retirement for federal civil servants is regulated in Sections 54–58 of the Federal Civil Service Act (BBG).

Political civil servants who hold the positions specified in Section 54 (1) BBG and who are civil servants for life can be transferred to temporary retirement. ( Section 54 BBG) A political officer on probation can be dismissed at any time. ( § 36 BBG) The transfer to non-active status is de facto by the responsible federal minister decided to de jure when the Minister President requested and features .

In principle, temporary retirement begins at the point at which the transfer is announced to the civil servant. A later date can be specified in individual cases. However, this must not be later than the end of the third month following the month of the announcement. The transfer order can be withdrawn up to the beginning of retirement. ( Section 56 BBG)

Civil servants in temporary retirement are obliged to comply with a renewed appeal if they are to be given an office with at least the same final basic salary in the service area of ​​their previous employer . ( Section 57 BBG)

The temporary retirement ends when the former civil servant is reappointed a civil servant for life. In addition, the civil servant is considered to be permanently retired upon reaching the standard retirement age. ( § 58 BBG)

The case group of political civil servants is the rule in the case of transfers to temporary retirement. Exceptionally, in the event of organizational changes, other civil servants can also be transferred to temporary retirement for life with an office of the Federal Salary Code B. Prerequisite is the resolution, or a significant change in the structure or functions of a public authority or the merger of public authorities where the area of responsibility of the officials is affected by it, one corresponding to their service post is saved and a transfer is not possible. ( Section 55 sentence 1 BBG)

Remuneration in temporary retirement

For federal civil servants and federal judges, the provision is regulated in Section 14 of the Civil Service Providers Act (BeamtVG). According to this, the federal civil servant who has been temporarily retired receives 71.75 percent of the pensionable remuneration of the last basic salary plus family allowance for a maximum of three years. According to this, the civil servant receives a pension of between 35 and 71.75 percent of his previous salary for life, based on the number of years of service to date (1.79375 percent per year). These values ​​are multiplied by 0.9901 ( Section 5 (1) Hs. 2 BeamtVG), so that the claim is de facto 1.775991875 percent per year or between 34.6535 and 71.04 percent.

State officials

Who is a political state civil servant according to the regulations of Section 30, Paragraph 1, Clause 1 of the Civil Service Status Act (BeamtStG) is determined in accordance with Section 30, Paragraph 1, Clause 2 of the BeamtStG in conjunction with the respective state civil servant laws . According to Section 37 of the Civil Service Act for the State of Mecklenburg-Western Pomerania of December 17, 2009, state secretaries, the spokesman for the state government and the head of the Department for Protection of the Constitution in the Ministry of the Interior are political officials.

soldiers

The soldiers Act (SG) set in § 50 the circle to soldiers who can be put on hiatus, more than federal officials. This applies to all soldiers from grade B 6, ie the rank group of generals and admirals with ranks Brigadier General , Rear Admiral , General physician , Admiral doctor , General pharmacists , Major General , Rear Admiral , Surgeon General , Admiral medical officer , Lieutenant General , Vice Admiral , generaloberstabsarzt , Admiral Medical Corps , General and Admiral. Pursuant to Section 50 (1) SG, the Federal President decides on temporary retirement, as is the case with federal civil servants. The application is brought to the Federal President by the Federal Minister of Defense , who de facto makes the decision.

The regulations of the Federal Civil Service Act on the beginning and end of temporary retirement and on reappointment apply accordingly to soldiers. (see: Section Federal Officials )

The soldier who has taken temporary retirement is considered to have been permanently retired when he reaches the general age limit. ( Section 50 (2) sentence 2 SG)

Remuneration in temporary retirement

The supply of soldiers, including those taking temporary retirement, is based on the Soldiers Supply Act (SVG).

In the case of a soldier who has been put into temporary retirement, the pension is for the duration of the period that the soldier held the rank with which he was transferred to temporary retirement, at least for a period of six months, at the most for a period of three years , 71.75 percent of the pensionable earnings of the salary group in which he was at the time of his temporary retirement. The increased retirement pension must not exceed the salary to which the professional soldier was entitled at that time; the retirement salary determined in accordance with other regulations must not be undercut. ( Section 26 (9) SVG)

Examples

Federal officials
  • On November 5, 2018, the Federal Minister of the Interior, for Building and Home Affairs, Horst Seehofer ( CSU ), requested the transfer of Hans-Georg Maaßen , the then President of the Federal Office for the Protection of the Constitution, to the Federal President, who complied with this request. In connection with the riots in Chemnitz in 2018 , Maaßen had denied that there had been so-called “hunted down” attacks on foreigners and thus contradicted Chancellor Angela Merkel . He was then to move from the Federal Office for the Protection of the Constitution to the Federal Ministry of the Interior, Building and Home Affairs. In a speech in front of the Bern Club , a format used by the heads of the European domestic intelligence services, he renewed his allegations and said that “radical left forces in the SPD” saw the matter as a welcome opportunity to break the ruling grand coalition . The speech became public knowledge. Previously, Seehofer wanted to put State Secretary Gunther Adler (SPD) into temporary retirement in order to fill the office with moderation. This project was criticized because Adler is considered an impeccable man and the transfer would have been made for reasons that were not in his person. As a result, Seehofer initially withdrew from this plan and an additional state secretary post was to be created in the ministry. This became superfluous with Maassen's transfer to temporary retirement.

State officials

soldiers

  • In November 2003, the President replied at the request of Defense Minister Peter Struck ( SPD ) the then brigadier general and commander of the Special Forces Command , Reinhard Günzel , on hiatus. He had written a letter to the then CDU - and now AfD - politician Martin Hohmann , in which he thanked him for his “courage to truth” in his speech on the day of German unity. In this speech, Hohmann associated the Jews with the term “perpetrator people”.

literature

Individual evidence

  1. ↑ Note: The Federal President has the right to decide on the appointment and dismissal of officers and non-commissioned officers ( Article 60, Paragraph 1 of the Basic Law), whereby the exercise of this power for soldiers who do not belong to salary order B is transferred to the Federal Minister the defense, who may transfer it further. (BPäsSoldErnAnO)
  2. ↑ Federal Prosecutors General temporarily transferred. LTO-Online, August 5, 2015, accessed March 6, 2016 .
  3. ↑ Schröder sends Welskop-Deffaa into retirement. (No longer available online.) Official review online, archived from the original on March 13, 2016 ; accessed on March 12, 2016 .
  4. ↑ Armaments Board - an instrument of transparency. Federal Ministry of Defense, February 20, 2014, accessed on March 6, 2016 .
  5. ↑ State Secretary a. D. Stéphane Beemelmans said goodbye with serenade. Federal Ministry of Defense, April 11, 2014, accessed on March 6, 2016 .
  6. ↑ On the statements of Attorney General Range. Federal Ministry of Justice and Consumer Protection, August 4, 2015, accessed on March 12, 2016 .
  7. ↑ The architect has to go. (No longer available online.) Official review online, archived from the original on March 11, 2016 ; accessed on March 12, 2016 .
  8. ↑ CIO Schallbruch put into temporary retirement. CIO-Online, February 29, 2016, accessed March 12, 2016 .
  9. ↑ tagesschau.de: Seehofer sends Maaßen into temporary retirement. Retrieved November 5, 2018 (German).
  10. ↑ Ralf Schönball, Albert Funk: The living expert has to give way for Maaßen. In: Tagesspiegel . September 19, 2018. Retrieved September 23, 2018 .
  11. ^ The course of the Hamburg State Council affair. handelsblatt.com, August 19, 2003, accessed March 13, 2016 .
  12. ↑ A first-class expulsion and an unprecedented scandal. Hamburger Abendblatt, August 17, 2013, accessed on March 13, 2016 .
  13. ↑ Chief of the secret service is replaced. Der Tagesspiegel - Online, March 3, 2009, accessed on March 13, 2016 .
  14. ^ NDR 1 Radio MV: The new head of the Schwerin Office for the Protection of the Constitution has been determined. NDR.de, March 31, 2009, accessed on March 13, 2016 .
  15. ^ Head of the Protection of the Constitution MV put into temporary retirement. endstation-rechts.de, March 3, 2009, accessed on March 13, 2016 .
  16. ↑ Cologne police must regain trust and the ability to act. (No longer available online.) Ministry of the Interior and Municipalities of North Rhine-Westphalia, January 8, 2016, archived from the original on January 8, 2016 ; accessed on March 6, 2016 .
  17. ↑ Struck fires KSK boss - praise for Hohmann was General undoing. In: http://www.spiegel.de/ . Der Spiegel , November 4, 2003, accessed December 22, 2018 .
  18. ↑ Hans-Heinrich Dieter : Chronology. In: Dieter. Retrieved November 4, 2016 .
  19. ^ Defense Minister Jung wants to fire two generals. Handelsblatt-Online, January 26, 2006, accessed on March 12, 2016 .