Chapter LII: Section 8

The Reichs Minister of the Interior is authorized to issue legal and administrative regulations for the administration and enforcement of this law.

Berlin 26 May 1933

The Reich Chancellor
Adolf Hitler

The Reich Minister of the Interior
Frick

TRANSLATION OF DOCUMENT 1397-PS

1933 REICHSGESETZBLATT, PAGE 175, Art 1-18, 7 April 1933.

Law for the Reestablishment of the Professional Civil Service 7 April 1933

The Reichsgovernment has enacted the following law, which is hereby proclaimed:

Art. 1

1. For the reestablishment of a national professional civil service and for the simplification of administration, officials may be discharged from office according to the following regulations, even when the necessary conditions according to the appropriate law do not exist.

2. Officials, as used in this law, means immediate [unmittelbare] and mediate [mittlebare] officials of the Reich, immediate and mediate officials of the federal states [Laender], officials of communes [Gemeinde] and communal associations, officials of public legal corporations as well as institutions and undertakings placed upon the same status as these public legal corporations (Third decree of the Reichspresident for the safeguarding of business and finance of 6 October 1931-RGBl. I P. 537, 3rd part, Chapter V, Section I, Art. 15, subparagraph 1). The stipulations apply also to employees of agencies supplying social insurance, who have the rights and duties of officials.

3. Officials as used in this law also includes officials in temporary retirement.

4. The Reichsbank and the German State Railway Co. are empowered to make corresponding regulations.

Art. 2

1. Officials who since 9 November 1918 have attained the status of officials without possessing the required or usual preparation or other qualifications are to be dismissed from service. Their former salaries will be accorded them for a period of 3 months after their dismissal.

2. A right to waiting allowances, pensions, or survivors pension and to the continuance of the official designation, the title, the official uniform and the official insignia is not possessed by them.

3. In case of need a pension, revocable at any time, equivalent to a third of the usual base pay of the last position held by them may be granted them, especially when they are caring for dependent relatives; reinsurance according to the provisions of the Reich's social insurance law will not take place.

4. The stipulations of Section 2 and 3 will receive corresponding application in the case of persons of the type designated in Sec. 1, who already before this law became effective had been retired.

Art. 3

1. Officials, who are of non-aryan descent, are to be retired; insofar as honorary officials are concerned, they are to be removed from official status.

2. Section 1 is not in effect for officials who were already officials since 1 August 1914, or who fought during the World War at the front for the German Reichs or who fought for its allies or whose fathers or sons were killed in the World War. The Reichsminister of the Interior can permit further exceptions in understanding with the appropriate special minister or the highest authorities of the federal states in the case of officials abroad.

Art. 4

Officials, whose former political activity does not offer a guarantee that they at all times without reservation act in the interest of the national state can be dismissed from service. For a period of 3 months after dismissal they are accorded their former salary. From this time on they receive 3/4 of their pension and corresponding survivor's benefits.

Art. 5

1. Every official must allow himself to be transferred to another office of the same or equivalent career, even into such a one having less rank or regular salary--reimbursement for the prescribed costs of transfer taking place, if the needs of the service require it. In case of transferment to an office of lower rank and regular salary the official retains his previous official title and the official income of his former position.

2. The official can, in place of transfer to an office of lesser rank and regular income (section 11) demand to be retired.

Art. 6

For the simplification of administration officials can be retired, even if they are not yet unfit for service. If officials are retired for this reason, their places may not be filled again.

Art. 7

1. Dismissal from office, transfer to another office and retirement will be ordered by the highest Reichs or federal state agency which will render final decision without right of appeal.

2. The dispositions according to Art 2 to 6 must be made known at the latest by 30 Sept 1933 to those affected. The time can be shortened by agreement with the Reichsminister of the Interior, if the appropriate Reichs or federal state agency declares that the measures authorized in this law have been carried out.

Art. 8

A pension will not be granted to the officials dismissed or retired in accordance with Art 3 and 4, if they have not completed a term of service of at least 10 years; this applies also in the cases in which according to the existing stipulation a pension is already accorded after a shorter term of service. Articles 36, 47 and 49 of the Reichs officials' law, the law of 4 July 1921 on increased computation of time in service accomplished during the war (RGBl p. 825) and the corresponding provisions of federal state laws remained unchanged.

Art. 9

1. In the calculation of length of service valid for pension purposes, excepting time of service accrued in their last employment, only a term served in the Reichs, Federal State, or communal service according to the existing regulations may be credited to officials dismissed or retired according to Articles 3 and 4. Also accrediting of this length of service is only permissible, if it bears some relationship in preparation or career to the position last held; such a relationship of lower career to a higher one is to be regarded as an orderly promotion. If the official would have obtained a higher pension by the addition of later years of service to time served in an earlier position regularly obtained by qualifications and preparation, the ruling more favorable to him takes precedence.

2. The implementative regulations govern the calculation of time served with public corporations and with institutions and undertakings placed upon the same basis as these public corporations.

3. Accreditation and certification of time served valid for pension purposes, which conflict with the carrying out of the provisions of