Federal Moving Costs Act
| Basic data | |
|---|---|
| Title: | Law on relocation allowance for federal civil servants, federal judges and soldiers |
| Short title: | Federal Moving Costs Act |
| Previous title: | Law on relocation allowance and separation allowance for federal civil servants, federal judges and soldiers |
| Abbreviation: | BUKG |
| Type: | Federal law |
| Scope: | Germany |
| Legal matter: | Administrative law |
| References : | 2032-3 |
| Original version from: | April 8, 1964 ( BGBl. I p. 253 ) |
| Entry into force on: | July 1, 1964 |
| New announcement from: | December 11, 1990 ( BGBl. I p. 2682 ) |
| Last change by: |
Art. 7 G of 5 January 2017 ( Federal Law Gazette I p. 17, 25 ) |
| Effective date of the last change: |
January 11, 2017 (Art. 14 G of January 5, 2017) |
| GESTA : | B075 |
| Weblink: | Text of the law |
| Please note the note on the applicable legal version. | |
The Federal Moving Costs Act (BUKG) regulates the federal law on moving costs. This basic work of the law on moving costs has been in effect since July 1, 1964.
structure
Since the version of the announcement of November 13, 1973, the BUKG has contained the following content:
- § 1 scope
- § 2 Entitlement to relocation allowance
- § 3 Confirmation of the relocation allowance
- § 4 Confirmation of relocation allowance in special cases
- § 5 relocation allowance
- § 6 transport expenses
- § 7 travel expenses
- § 8 Rent Compensation
- § 9 Other expenses
- § 10 Flat rate remuneration for other moving expenses
- § 11 Reimbursement of moving costs in special cases
- Section 12 Separation Allowance
- § 13 International removals
- § 14 Special regulations for international moves
- Section 15 Determination of the place of employment, administrative regulations
- Section 16 Transitional Provisions
Content
Due to the constant individual regulations, especially because of the reimbursement of moving costs for other moving expenses against proof, a high level of effort arose in the practical implementation. This mainly applies to federal employees who have to move frequently, such as B. in the armed forces and in the customs administration . In the November 1973 version, the law on moving costs was redistributed, ie some provisions were reclassified and individual regulations contained in them were systematically rearranged. In addition, regulations were omitted that were already present in a similar way or in the same way in the Administrative Procedure Act.
On December 11, 1990, the BUKG was announced as Art. 1 of the law for the revision of the BUKG, for the regulation of terms of office of staff representation, for changing other service regulations and for improving the personnel structure in the Federal Customs Administration and according to Art. 11 I of this law Effective July 1, 1990 entered into force.
The prerequisite for the relocation allowance is a written commitment. For example, civil servants receive a relocation allowance for expenses (paid money) that arise from a business-related move to another place of work or another apartment or company residence.
The granting of moving costs is based on the employer's duty of care and on equity . Furthermore, the facts as stated in the BUKG must be fulfilled.
Option model
The highest service authority can stipulate that the commitment of the relocation allowance only becomes effective three years after the personnel measure. The prerequisite is that the defined area has a particular frequency of transfers or is affected by significant restructuring. The determination requires the agreement of the Federal Ministry of Finance (BMF). For the division of the Federal Ministry of Defense , the BMF declared its agreement on July 3, 2018 for soldiers for an unlimited period and for civilian personnel initially until the end of 2021. If the BMVg can prove a special frequency of transfers of its civilian personnel, an unlimited period should also be given for these Consent to be pronounced.
The option model is also called the three-plus-five rule. This gives the person concerned a choice between relocation allowance and separation allowance. The promise of the relocation allowance only becomes effective after three years, unless the person concerned declares in advance that he would like to make use of it. If the person concerned does not decide or against, the separation allowance will be paid for a further five years, for a total of eight years.
The option model does not apply to single people without their own household.
literature
- 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 .
Individual evidence
- ↑ Barbara Wießalla: The legal right to choose between moving costs / separation allowance . In: https://www.vbb.dbb.de/ . December 15, 2018, accessed January 15, 2019 .
