Local surcharge

from Wikipedia, the free encyclopedia

Local allowance was a term from the salary and collective bargaining law of the public service and a predecessor of the family allowance . As a part of the salary supplementary to the basic salary, it varied according to

Salary

The local allowance was part of the salary supplemented the basic salary and varied according to place of residence, marital status , number of children and the basic salary itself.

From 1873 to 1972, regional differences in the cost of living were taken into account when determining salaries .

In the original version of the Federal Salary Act (BBesG) of 1957, the local surcharge was based on the tariff class in which the salary group was divided (Ia, Ib, II, III, IV), the local class (S, A, B) and the Level (1, 2, 3).

Tariff class

In 1957, grades A 1 to A 6 were class IV, grades A 7 to A 10 were class III, grades A 11 to A 14 were class II, grades A 15 and A 16 and B 1 to B 6 were class 1b and grades B 7 to B 11 are assigned to tariff class 1a.

Local class

The local class of the official place of residence ( place of employment ) was based on the local class directory, which the federal government established by ordinance . The number of inhabitants, average room rents and other local features were taken into account.

The local class level A previously applicable in the Third Reich became the new level S, level B became level A and level C became level B ( Federal Law Gazette II p. 1208 ). The first local class register of the Federal Republic came into force with the ordinance on the establishment of the local class register of October 1, 1957 ( Federal Law Gazette II p. 1445 ). All locations not listed in the ordinance were assigned to the lowest location class B.

step

The level of the local allowance corresponds to the current level of the family allowance. Level 1 of the local allowance was granted to unmarried civil servants up to the age of 40. Level 2 was given to married, widowed or divorced civil servants, as well as unmarried civil servants aged 40 and over. Level 3 was paid for a child entitled to child allowance; the local allowance increased for additional children ( Federal Law Gazette I p. 993 ). In 1964, local class B was dropped and was transferred to local class A.

End of regional pay differentiation

The first law for the standardization and revision of the salary law in the federal and state governments (1st BesVNG) of March 18, 1971 ( Federal Law Gazette I p. 208 ) abolished the regional salary differentiation. Since then, the additional financial burdens of special local situations have only been taken into account in federal salary law if the civil servant has his official and actual residence abroad. Local price differences within Germany were no longer taken into account. Although a local bonus was actually no longer granted, the new version of the Federal Salary Act from 1975 also adhered to the traditional terminology (see Section 39 (1) BBesG i. DF of the law of 23 May 1975, Federal Law Gazette I p. 1173 ). To determine the amount of the local surcharge, however, reference was no longer made to the local class.

Replacement by family allowance

It was not until the Law on the Reform of Public Service Law (Reformgesetz) of February 24, 1997 ( Federal Law Gazette 1997 I p. 322 ) that the term “local allowance” was replaced by “family allowance” (cf. Art. 3 No. 13 of the Reform Act). By then at the latest, unmarried officials were no longer entitled to an allowance. Those entitled to the old level 2 received the new level 1. The term local supplement has survived in some laws, e.g. B. in the Federal Minister Act .

Alimentation principle

Due to the alimentation principle of the Basic Law (GG), the salary legislature is not obliged to compensate for regionally different living costs. Such an obligation to act does not follow from the performance principle (Art. 33 (2) GG). A local allowance system for civil servant salaries is not protected as a traditional principle of the professional civil service .

Workers

According to the latest version of the federal employee collective agreement, the remuneration of the employees was based on the basic remuneration and the local surcharge. The amount of the local surcharge was based on the tariff class to which the salary group of the employee was assigned and the level that corresponded to the employee's family circumstances. According to § 33 BMT-G II / BMT-GO or § 1 MTArb / MTArb-O, workers received a so-called "social supplement" as a child-related wage component in addition to the monthly wage if the relevant requirements were met.

With the entry into force of the collective agreement for the public service (TVöD), the collective agreement for the public service of the federal states (TV-L) on October 1, 2005 and the associated abandonment of the distinction between white-collar workers and blue-collar workers, the family-related pay components also ceased to exist. The local allowance has been partially included in the new pay tables. There were transitional regulations for employees who were previously subject to the old collective agreements.

literature

Web links

  • Ordinance amending the local class directory of December 13, 1954 ( Federal Law Gazette II p. 1208 ; entry into force January 1, 1955; based on the ordinance of October 23, 1924 (RGBl. P. 289))
  • Ordinance on the establishment of the local class directory of October 1, 1957 ( Federal Law Gazette II p. 1445 ; entry into force October 1, 1957)
  • Ordinance amending the ordinance on the establishment of the local class register of 14 July 1960 ( Federal Law Gazette II p. 1877 : entry into force: 1 January 1960; amendment and addition to the local class register)
  • Second ordinance amending the ordinance on the establishment of the local class register of August 14, 1961 ( Federal Law Gazette II p. 1177 : entry into force: January 1, 1961; addition to the local class register)
  • Third ordinance amending the ordinance on the establishment of the local class register of April 24, 1963 ( Federal Law Gazette II p. 202 : entry into force: January 1, 1961; amendment and addition to the local class register)
  • Fourth ordinance amending the ordinance on the establishment of the local class register of April 24, 1963 ( Federal Law Gazette II p. 293 ; entry into force: January 1, 1963)
  • Fifth ordinance amending the ordinance on the establishment of the local class register of July 29, 1964 ( Federal Law Gazette II p. 851 ; entry into force: January 1, 1964; addition and amendment)

Individual evidence

  1. ↑ a b Judgment of the Second Senate - 2 BvR 556/04. In: https://www.bundesverfassungsgericht.de/ . Federal Constitutional Court , March 6, 2007, accessed on September 23, 2019 (Rn. 3).
  2. ↑ BGBl. I p. 993, 1020
  3. ↑ a b Judgment of the Second Senate - 2 BvR 556/04. In: https://www.bundesverfassungsgericht.de/ . Federal Constitutional Court , March 6, 2007, accessed on September 23, 2019 (Rn. 4).
  4. ^ Judgment of the Second Senate - 2 BvR 556/04. In: https://www.bundesverfassungsgericht.de/ . Federal Constitutional Court , March 6, 2007, accessed on September 23, 2019 (Ls .; Rn. 39).
  5. ↑ Jutta Schwerdle: Local supplement , child-related remuneration components. In: https://www.haufe.de/ . Retrieved September 22, 2019 .