When is retirement with an election

Supply of municipal electoral officials

Municipal electoral officers are temporary civil servants for whom the provisions for civil servants for life apply accordingly in accordance with Section 119 (1) SBG.

Local electoral officials are to be retired:
1. in the event of incapacity,
2. at one's own request after reaching the age of 65,
3. by operation of law after reaching the age of 68 or
4. at the end of the term of office.

To Term expires is the municipal electoral officer on time according to Section 119 Paragraph 3 SBG obliged to continue in office (to face re-election), if he is to be reappointed for at least the same period under at least equally favorable conditions. According to Paragraph 4 loc. civil servants are to be dismissed on a temporary basis if they fail to meet their obligation under Paragraph 3.

This obligation ceases to apply after reaching the age of 63 or after two terms of office have reached the age of 60.

In principle, however, there is only a right to care if the civil servant Section 4 (1) No. 1 BeamtVG-ÜSL required Minimum length of service (= Waiting period) of five years.

The municipal electoral officer leaves for a time without fulfilling the waiting period or if he does not stand for re-election out, he has no entitlement to pension and is to be insured in the statutory pension insurance for the duration of his activity (§ 8 Abs. 2 SGB VI).

Follow-up insurance is also required if the civil servant leaves the civil servant relationship before the end of the term of office without being unable to work.

After the waiting time and in front A municipal electoral officer can only expire his term of office if there is evidence of this Incapacity Entitlement to a pension.

According to Section 14 (1) BeamtVG-ÜSL, the pension amounts to 1.79375% of the pensionable salary for each year of pensionable service, but a maximum of 71.75% in total.

Note: The last salary group held is only pensionable if it has been drawn for at least two years in accordance with Section 5 (3) BeamtVG-ÜSL.


According to § 66 Abs. 2 BeamtVG-ÜSL, the pension for civil servants is the one ten years pensionable service if it is more convenient for them, after a Eight year term of office as a temporary civil servant 33.48345 percent of the pensionable salary and increases with each additional employee full year of office as a temporary civil servant to 1.91333 percent of the pensionable salary up to the maximum pension rate of 71.75 percent.

According to Section 66 (9) BeamtVG-ÜSL, periods during which an electoral officer has acquired specialist knowledge after reaching the age of seventeen through a full-time job or training outside of general schooling can be necessary for the performance of the office conducive are to be considered as pensionable up to a total of four years, the time of a technical college or university education including the examination time up to three years.

In accordance with § 49 BeamtVG-ÜSL, the consideration of the beneficial times requires an application from the civil servant to his office and recognition of his employer.

The recognition only leads to an increase in the pension rate according to § 14 BeamtVG-ÜSL. In the comparison calculation according to § 66 Abs. 2 BeamtVG-ÜSL, the beneficial times are not taken into account. For the term of office regulation according to § 66 Abs. 2 BeamtVG-ÜSL, a pensionable service period of ten years is mandatory.

Comparison:
If the municipal electoral officer retires before the end of an eight-year term of office, the pension rate is only to be determined to determine the pension payments taking into account the general provision of Section 14 BeamtVG-ÜSL, since the requirements of Section 66 (2) BeamtVG-ÜSL are not yet met at this time.

According to section 14 (4) sentence 1 BeamtVG-ÜSL, the pension is at least 35 percent of the pensionable salary (section 5 BeamtVG-ÜSL).


In the event that you are entitled to a pension:
In accordance with Section 55 BeamtVG-ÜSL, civil service pension payments, in addition to pensions from the statutory pension insurance, are only paid up to an individually determined maximum limit. The maximum limit is a fictitious pension payment, the calculation of which is based on a fictitious pensionable period of service from the age of 17 until the insured event occurs.

If the pension exceeds the earned pension when the minimum pension coincides with a pension after application of the rest regulation of § 55 BeamtVG-ÜSL (pension crediting), the pension is suspended up to the amount of the difference between the earned pension and the minimum pension (§ 14 Abs. 5 BeamtVG -ÜSL). The sum of pension and pension must not fall short of the amount of the minimum pension. At least the earned retirement pension remains payable. This rule applies accordingly to widows and orphans.

Note

For municipal electoral officials, the Not are elected by the citizens, but by the respective council meeting, changed regulations apply!