Temporary Retirement

Temporary Retirement – Definition, Legal Principles, and Implications

The Concept Temporary Retirement has a specific meaning in German civil service law. It refers to a retirement status for civil servants enacted by administrative order, which is not due to reaching the regular retirement age, but arises for other reasons provided by law. The following article comprehensively explains the legal framework, fields of application, procedures, as well as the practical and financial impacts of temporary retirement.

Legal Foundations of Temporary Retirement

Legal Sources

The regulations regarding temporary retirement are mainly found in the Federal Civil Servants Act (BBG) (Sections 54-58 BBG) as well as in the relevant provisions of the state civil service laws of each federal state. For civil servants at the state level, usually analogous regulations according to the Civil Servant Status Act (BeamtStG).

Legal Grounds for Temporary Retirement

Temporary retirement can be imposed in the following cases:

• For special official reasons (Section 54 BBG), in particular:
• in case of dissolution or relocation of an authority or
• in the event of elimination of positions due to organizational measures
• Upon application
• this is not possible unlike normal retirement; temporary retirement is always carried out by administrative decision.
• In political civil servant relationships
• certain political civil servants can be placed into temporary retirement at any time pursuant to Section 54 BBG. This includes, among others, state secretaries, ministerial directors, and police presidents.

Difference from Regular Retirement

In contrast to ordinary retirement, which is generally linked to age limits or health requirements, temporary retirement is a premature status change effected by administrative action. The civil servant receives statutory protection in the form of pension claims without any fault on their part.

Procedure for Placement into Temporary Retirement

Decision and Responsibility

The decision to place someone into temporary retirement is made by the competent personnel authority or the respective highest official body through a written notice. Depending on state law, a co-determination or objection procedure may be possible.

Form and Reasoning

The administrative act must be made in writing and include a detailed justification stating the relevant legal provisions and the underlying official reasons.

Legal Protection and Appeals

Affected individuals can seek legal recourse in the administrative courts against placement into temporary retirement. An objection procedure usually has to be conducted before a lawsuit can be filed. Judicial review encompasses both the lawfulness of the procedure and the existence of substantively valid grounds.

Legal Consequences of Temporary Retirement

Pensions

Civil servants in temporary retirement receive retirement benefits in accordance with the provisions of the Civil Servants’ Pensions Act (BeamtVG). These are calculated based on pensionable service periods and the law governing the pension of civil servants and judges in the federal and state governments.

• The pension is granted subject to the fulfillment of any minimum period of service.
• The amount of the pension may be reduced if the minimum age requirement has not been met.
• Pension payments in temporary retirement generally correspond to those of old-age retirement, but may be subject to temporary reductions.

Re-employment and Reactivation

The civil servant in temporary retirement may be recalled to service at any time if the official reasons for retirement cease to exist (Section 56 BBG). In such case, the pension payments may be fully or partially suspended.

• The possibility of reactivation generally exists until the normal retirement age is reached.
• When re-employed in another public service position, there is a legal entitlement to have previous periods of service credited and, where applicable, to severance payments.

Secondary Employment and Offsetting

Income from new gainful employment may be offset against pension payments (Section 53 BeamtVG). The relevant exemption amounts and offsetting rules depend on the level of income and the degree of pension received.

Temporary Retirement for Political Civil Servants

Special Provisions for Political Civil Servants

For so-called political civil servants – these are in particular civil servants in leadership positions with special political trust – there are specific regulations regarding temporary retirement (Section 54(1) BBG).

• Such transfers are possible at any time without stating reasons because the special trust relationship requires flexible termination of the service relationship.
• Political civil servants include, for example, state secretaries, ministerial directors, heads of supreme state authorities, and other senior officials.
• The procedure and pension provisions are governed by the general regulations, although there are often special waiting periods and pension levels for this group.

Comparison with the Non-Public Sector

In contrast to private law relationships, temporary retirement as a legal institution exists exclusively in the public service. Its primary purpose is to accompany structural and political changes with personnel flexibility, while safeguarding the status rights and pension entitlements of those affected.

Conclusion

Der temporary retirement is a form of early retirement provided in the public sector under civil service law, designed to lawfully accompany both structural changes and special political circumstances. Clear legal regulations ensure that both the service requirements of the common good and the social entitlements of civil servants are taken into account. The effects of temporary retirement cover pension arrangements, re-employment rights, and offsetting rules in the event of other gainful employment.

Further Laws and Regulations

• Federal Civil Servants Act (BBG), §§ 54-58
• Civil Servant Status Act (BeamtStG)
• Civil Servants’ Pensions Act (BeamtVG)

See also:

• Old-age Retirement
• Civil Servant Status
• Pensions in the Public Service

Note: The specific details of temporary retirement may differ depending on the federal state and appointing authority. The decisive factor is always the applicable legal provisions.

Frequently Asked Questions

What conditions must be met for temporary retirement?

Temporary retirement is governed by civil service law and can only be imposed under certain, clearly defined legal conditions. Generally, temporary retirement is only provided for specific groups of civil servants – particularly political civil servants such as state secretaries or certain top officials. In most cases, the fundamental requirement is that a post ceases to exist due to a government reshuffle, organizational restructuring, or a loss of special trust by the appointing authority, or that the civil servant leaves active service at the request of the appointing authority. The civil servant has no unilateral right to request temporary retirement. Rather, it is the responsibility of the competent authority to issue the appropriate order, observing the legally regulated deadlines and formalities. The official must usually be informed in writing of the impending temporary retirement, with an official explanation that addresses both the legal and factual grounds.

What are the legal consequences of temporary retirement for affected civil servants?

With placement into temporary retirement, the duty to perform official duties ends, but the status as a civil servant remains – unlike with dismissal. The civil servant receives a pension, the amount of which is determined by the previous pensionable service period. In contrast to regular retirement, however, this does not constitute full retirement but a so-called waiting position. This means that re-employment with the appointing authority is legally possible until the general retirement age is reached. Furthermore, as long as statutory pensionable age has not been attained, the civil servant remains subject to special reporting and disclosure obligations as regulated in the Civil Servants’ Pensions Act and state laws. The appointing authority may also reactivate the civil servant under certain circumstances.

To what extent can temporary retirement be judicially reviewed?

The order of temporary retirement constitutes an administrative act and is therefore subject to judicial review by the administrative courts. Affected individuals can file an objection within the statutory period of one month after service and may subsequently bring an action. The administrative court will specifically examine whether the legal requirements have been met and whether the appointing authority exercised its discretion properly. Of particular significance is whether the principle of proportionality was maintained, the procedure met the requirements of administrative law, and no errors or abuse of discretion occurred. The civil servant is entitled to a legal hearing; the official reasoning must also be examined. Procedural defects may lead to the annulment of the measure.

What regulations apply to pensions in cases of temporary retirement?

The pension in temporary retirement is calculated in the same way as for civil servants retiring regularly: the basis is the respective pensionable period of service and the last pensionable salary. However, there are certain peculiarities. According to the Civil Servants’ Pensions Act, the pension amount may not fall below a specified minimum rate in principle. In the event of early retirement, however, pension reductions or limitations of pensionable service periods may apply if certain age limits or waiting periods have not been fulfilled. These regulations serve to provide financial compensation for the early termination of active duties. In addition, civil service law provides that, for possible re-employment, the pension payments must be suspended in whole or in part in accordance with the statutory provisions where the individual is employed or appointed again in the public sector.

Is re-employment of civil servants in temporary retirement possible?

Yes, re-employment is possible according to the relevant civil service regulations until the statutory retirement age is reached. Generally, recall may be to any post corresponding to their previous role, provided the personal and professional requirements of the civil servant are still met. The civil servant is required to notify the appointing authority of any change, particularly gainful employment, as well as the permanent relinquishment of their place of residence, and to undergo a medical examination upon request to establish fitness for service. These so-called reporting obligations are detailed in pension law. In cases of re-employment, payment of the pension is discontinued and the civil servant resumes receiving regular salary.

What are the differences between temporary retirement and transfer to regular retirement?

A significant difference is that temporary retirement can occur before reaching the regular pensionable age and often (but not exclusively) for political or organizational reasons. Regular retirement, on the other hand, follows reaching the relevant age limit or is triggered by incapacity for service. With temporary retirement, later reactivation is possible, which is only provided for in exceptional cases for regular retirement. Additionally, the group eligible for temporary retirement is legally restricted. There are also differences regarding pension calculation and reporting obligations, as special regulations apply in temporary retirement to ensure greater deployment flexibility for affected civil servants.