Last Updated on May 29, 2021 by LawEuro
Members of the Bundestag Act (Laws / Regulations of Germany)
Part Eight
General provisions
Section 30
(repealed)
Section 31
Waiver; transferability
A waiver of the Members’ remuneration referred to in section 11 of this Act and the benefits referred to in section 12 and in Part Five, with the exception of section 18, is not permissible. The entitlements deriving from section 12 are not transferable. No more than half of the entitlement to Members’ remuneration under section 11 is transferable. In all other respects, the provisions of sections 850 et seq. of the Code of Civil Procedure (Zivilprozessordnung) shall apply.
Section 32
Commencement and expiry of entitlements; payment provisions
(1) The entitlements established by sections 11, 12, 16, 27 and 28 of this Act shall take effect from the date on which the Federal Electoral Committee establishes the result of the election (first sentence of section 42(2) of the Federal Electoral Act) or, in the case described in section 45(3) of the Federal Electoral Act, from the date on which the Member accepts his or her mandate, even if the electoral term of the previous Bundestag has not yet expired. Expenditure related to the exercise of a mandate which an elected constituency candidate or a candidate elected from an electoral list in a Land incurs between the election date and the date on which the Federal Electoral Committee establishes the result of the election (first sentence of section 42(2) of the Federal Electoral Act) or, in the case described in section 45(3) of the Federal Electoral Act, from the date on which the Member accepts his or her mandate in connection with the assembly of the new Bundestag shall also be reimbursed.
(2) Outgoing Members shall receive the Members’ remuneration payable under section 11 of this Act until the end of the month of severance and the monetary benefits referred to in section 12(2) until the end of the following month. Entitlements under section 16 shall expire fourteen days after the date of severance from the Bundestag.
(3) Reimbursement for the employment of staff shall be paid up to the end of the month in which the electoral term expires. If a Member leaves the Bundestag during the electoral term, expenditure on the employment of staff shall be reimbursed until the end of the fifth month after the date of severance at the latest, unless the employment is terminated at an earlier date.
(4) Superannuation benefits shall be awarded from the first day of the month following the event giving rise to the entitlement until the end of the month in which the entitled person dies.
(5) Entitlement to superannuation benefits shall be suspended during the period of entitlement to transitional allowance.
(6) Superannuation benefits under this Act shall not be paid if the Member or former Member loses or would lose his or her membership of the Bundestag on the basis of Section 15(2)(2) of the Federal Electoral Act. Section 23 of the present Act shall apply for the period of membership of the Bundestag.
(7) With regard to Members who leave the Bundestag after this Act has come into force, section 27 of this Act shall apply for the period of their entitlement to a transitional allowance under section 18 or six months, whichever is the greater.
(8) The Members’ remuneration payable under section 11 and the monetary benefits payable under section 12(2) and sections 20 to 27 shall be paid monthly in advance. If they are only payable in part, one thirtieth shall be paid for each calendar day; section 33 shall apply, mutatis mutandis.
Section 33
(repealed)
Section 34
Implementing provisions
(1) Provided federal legislation empowers it to do so, the Council of Elders may issue implementing provisions relating to the legal status of Members of the Bundestag which shall be published by the President in the Official Handbook of the German Bundestag.
(2) The Council of Elders may issue general administrative provisions relating to this Act.
(3) The President shall publish the amount of the expense allowance in an annex to the Act on the Legal Status of Members of the Bundestag in the Official Handbook of the German Bundestag.
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