Separation allowance
Separation allowances are reimbursement payments by an employer , which are paid for expenses incurred by an employee in the public service if he is the result of a work-related measure (e.g. transfer for business reasons, relocation of the employment authority, secondment or command (also within the framework of the Education and training ), assignment and recruitment ) has to work at a place other than his previous place of employment (political municipality) and his apartment is neither in the same political municipality as the new place of employment nor in the catchment area, d. H. on a navigable route usually not less than 30 kilometers from the new service center is located.
Separation allowance at the federal government
The legal basis for granting separation allowance for federal employees is the Separation Allowance Ordinance . Are entitled to federal officials , judges in the federal civil service, professional soldiers and soldiers on time ( § 1 para. 1 TGV). According to § 44 TVöD Bund, federal employees are also entitled to separation allowances.
Separation allowance is due in accordance with Section 2 TGV after the relocation allowance has been approved , if you stay abroad ( Section 3 TGV) and if you return to your place of residence every day ( Section 6 TGV). Travel subsidies according to § 5 TGV are granted for trips home .
Separation allowance is granted in the form of separation travel allowance (for the first 14 days after the end of the start of the business trip), separation daily allowance (from the 15th day after the start of the work trip) and separation accommodation allowance (the proven necessary costs due to a rental agreement including additional costs for an appropriate second home up to one depending on the location and authority).
For 2020 there is a daily separation allowance of 8.60 euros for single people and 12.90 euros for married people if they stay away from home. This results from Section 3 Paragraph 3 TGV i. V. m. Section 3 (1) of the Social Insurance Remuneration Ordinance (SvEV). For 2019, 8.37 euros and 12.55 euros respectively were due.
From June 1, 2020, the separation daily allowance will be 14 euros regardless of marital status ( Federal Law Gazette I p. 27 ).
Separation allowance is not granted ex officio , but on application . This must be submitted within one year. Otherwise the entitlement to separation allowance expires ( Section 10 (1) TGV).
Foreign separation allowance
Foreign separation allowance according to the Foreign Separation Allowance Ordinance ( ATGV ) is available to federal employees in the event of transfers, transfer-equivalent measures and secondments from Germany to abroad, abroad and from abroad to Germany as well as for recruitment abroad.
Separation allowance in the Free State of Bavaria
In Bavaria, civil servants, judges and collective bargaining employees of the Free State of Bavaria, the municipalities, municipal associations and other corporations , institutions and foundations under public law that are under the supervision of the state are entitled to payment of separation benefits. In Bavaria, as with the federal government, separation benefits are only paid upon written application. In Bavaria, the application deadline is six months after the start of the personnel measure. The entitlement to payment of separation allowance expires if it is not asserted in writing within six months of the end of the relevant calendar month.
Separation allowance in Saxony
In Saxony, separation allowance is granted to civil servants, judges and employees of the Free State of Saxony who, for business reasons, incur costs for regular commuting between their place of residence and work or for moving or for the costs of double housekeeping for business reasons.
Separation allowance in Hessen
Separation allowance is paid in Hesse to civil servants and judges who fall under the Hessian Civil Servants Act, if a transfer for business reasons, a transfer of the authority, a temporary assignment to another part of the authority, the assignment of a new judicial office or a temporary employment another authority. The separation allowance is only paid if "The new place of employment is different from the previous place of employment and the apartment is not in the catchment area of the new place of employment [...]" (Section 1, Paragraph 2, No. 1 HTGV),
literature
- Thomas Krause: Handbook on separation allowance law: Federal separation allowance law including the new law: 18th edition, Mannheim 2020.
- Josef Reimann: Travel costs, moving costs, separation allowance law - federal government. Collection of rules with introduction and explanations . 3. Edition. R. v. Decker, Heidelberg 2012, ISBN 978-3-7685-0566-6 , pp. 267 .
