Last Updated on May 29, 2021 by LawEuro
Members of the Bundestag Act (Laws / Regulations of Germany)
Part Three
Legal status of public servants elected to the Bundestag
Section 5
Suspension of the rights and duties arising from employment in the public service
(1) With the exception of the duty of confidentiality and the obligation to refrain from accepting rewards and gifts, the rights and duties arising from salaried membership of the permanent civil service shall be suspended from the date on which the election result was established by the Federal Electoral Committee (first sentence of section 42(2) of the Federal Electoral Act (Bundeswahlgesetz)), or on which a permanent civil servant accepted his or her mandate, for the period of his or her term of office. The same shall apply where a Member of the Bundestag is appointed to such a position in the public service from the date on which the appointment takes effect. The civil servant shall be entitled to use his or her official title or grade with the addition of the word “retired” (“außer Dienst”, “a.D.”). The foregoing provisions shall be without prejudice to the right to treatment and compensation of civil servants who have been injured in an accident. The first sentence above shall apply for a period not extending beyond the civil servant’s voluntary or compulsory retirement.
(2) In the case of civil servants with non-active status, subsection (1) above shall apply, mutatis mutandis, for a period not extending beyond the date of their final voluntary or compulsory retirement.
(3) A temporary civil servant undergoing practical professional training who is elected to the Bundestag shall be granted unpaid leave on request. If, after passing the professional examination, the trainee is appointed as a probationary civil servant, his or her rights and duties in the latter capacity shall be suspended pursuant to subsection (1) above from the date on which the appointment takes effect.
Section 6
Reinstatement after expiry of a mandate
(1) When a civil servant ceases to be a Member of the Bundestag, his or her rights and duties as a civil servant shall remain suspended for a maximum of six months. On application, which must be made within three months from the end of his or her term of office, the civil servant shall be reinstated within three months from the date of the application. The category within the career structure to which the civil servant is appointed must be the same as, or equivalent to, his or her former category and must attract at least the same final basic salary. He or she shall receive the emoluments payable in respect of his or her former position with effect from the date of application for reinstatement.
(2) If the civil servant does not make his or her application within three months from the end of his or her membership of the Bundestag in accordance with subsection (1) above, the rights and duties arising from membership of the civil service shall remain suspended (section 5(1) of this Act) until the date of voluntary or compulsory retirement. If, however, the civil servant has neither been a Member of the Bundestag for at least two electoral terms nor reached his or her fifty-fifth birthday on ceasing to be a Member of the Bundestag, the highest administrative authority may reinstate the civil servant by appointing him or her to a position in accordance with the third sentence of subsection (1) above; if the civil servant refuses reinstatement or fails to take up the appointment, he or she shall be dismissed. The second sentence above shall not apply if, during his or her membership of the Bundestag, the civil servant was a member of the Federal Government.
Section 7
Seniority in the public service
(1) By way of derogation from the third sentence of section 27(3) of the Federal Pay Act (Bundesbesoldungsgesetz) and without prejudice to section 23(5) of the present Act, the period of membership of the Bundestag shall delay a federal civil servant’s accrual of seniority on the pay scale to the extent that the application, mutatis mutandis, of section 28(1) and (2) of the Federal Pay Act as amended prior to 30 June 2009 has such effect.
(2) If the civil servant is not reinstated in his or her former position in accordance with section 6 of this Act, the accrual of seniority on the pay scale shall be suspended for the period from the end of his or her membership of the Bundestag until the date on which a pension becomes payable. If the civil servant is not reinstated in his or her former position in accordance with section 6 of this Act, his or her basic pay shall remain at the point on the pay scale indicated by paragraph 1 above until he or she becomes eligible to draw a pension.
(3) Without prejudice to the provisions of section 23(5) of this Act, the period of membership of the Bundestag shall not count towards the period of service as defined in pensions legislation. The same shall apply with regard to the period after the Member’s term of office if the civil servant is not reinstated in his or her former position pursuant to section 6 of this Act.
(4) Once a civil servant has ceased to be a Member of the Bundestag, his or her term of office shall count towards the civil servant’s seniority in his or her present grade, excluding any probationary period.
(5) In the case of public-service employees, once they cease to be Members of the Bundestag, their period of membership shall count towards their professional seniority and length of service; in the context of an existing supplementary retirement and surviving dependant’s pension, this shall only apply to provisions governing expectancy or claims on the merits.
Section 8
Civil servants appointed for a fixed term, judges, members of the armed forcesand public-service employees
(1) Sections 5 to 7 of this Act shall apply, mutatis mutandis, to judges and to career members and fixed-term volunteer members of the armed forces.
(2) The rights and duties arising from engagement to serve for a fixed period in the armed forces shall be suspended for no longer than the period of the engagement, and those arising from appointment for a fixed period as a civil servant for no longer than the period of the appointment.
(3) Subsection (2) above and the provisions of sections 5, 6 and 7(1) to (4) shall apply, mutatis mutandis, to public-service employees. Public service within the meaning of this provision is work performed in the service of the Federal Republic, one of its constituent states (Länder), a local authority or other body, institution or foundation established under public law or associations thereof, with the exception of public religious societies and associations thereof.
Section 9
University staff with civil-servant status
(1) With regard to the legal status of university professors and assistant professors within the meaning of Section 42 of the Framework Act for Higher Education (Hochschulrahmengesetz) who are elected to the Bundestag, section 6 of the present Act shall apply, with the proviso that they must be reinstated in their former position at the same university.
(2) During their term of office in the Bundestag, professors and assistant professors may engage in research and teaching as well as providing assistance to doctoral and postdoctoral students. Remuneration for this work shall be calculated on the basis of actual performance. The remuneration may not exceed 25 per cent of the income which would be paid under their contract of employment as professors or assistant professors. In all other respects, the provisions relating to federal civil servants shall apply.
Section 10
Electoral officials appointed for a fixed term
The Länder may enact legislation deviating from the regulations contained in section 6 of this Act in the case of electoral officials appointed for a fixed term.
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