Chapter LIII: Section 1: , are nullified

4. In the case of officials of the Reich and of public corporations, institutions, and agencies under the supervision of the Reich, the Reichsminister of the Interior in agreement with the Reichsminister of Finance can mitigate hardships; the highest federal state authorities can do the same in the case of other officials.

5. Sections 1 to 4 as well as Article 8 will also be applied to such officials who already, before this law came into effect, were retired either permanently or temporarily upon whom Articles 2 to 4 would have been applied if the officials had been still in service at the time this law came into effect. The new accrediting of time of service valid in the calculation of pensions and the accrediting of pensions and of waiting allowances must, at the latest, take place on 30 Sept 1933 with effect as of 1 Oct 1933.

Art. 10

1. Guiding principles, which are established for the amount of pay for officials will be based upon the calculation of service remunerations and pension. In case decisions by the competent authorities on the applying of the guiding principles do not yet exist, they are to be issued without delay.

2. After decisions by the competent authorities concerning the application of the guiding principle have been made, if officials are found to have received higher remunerations than are due them according to the decisions, they then have to reimburse the surplus amounts received since 1 April 1932 at the pay office where the payments were given out. The argument of no longer existing enrichment (Articles 812vBGB and subs) is excluded.

3. Subsections 1 and 2 are valid also for persons who have been retired inside of one year before this law became effective.

Art. 11.

1. If, in the accrediting of pay-seniority of officials who leave the service on account of Articles 3 and 4, employment outside of the Reichs, Federal State, or communal service has been calculated, then the pay-seniority is to be newly calculated. Therein only an employment in the Reichs, Federal State, or communal service, or according to the implementative regulations, in the service of public corporations and institutions and undertakings equivalent to the former may be accredited. Exceptions can be permitted by the Reichsminister of the Interior in agreement with the Reichsminister of Finance for Reichs officials; for other officials, by the highest federal state authorities.

2. If a new accrediting of pay-seniority according to Section 1 comes into consideration, then in the case of officials retired or dismissed according to Articles 3 and 4, the new determination of pay-seniority will be carried out in conjunction with the determination of the pension amount.

3. The same is valid for the persons named in Article 9, Section 5.

Art. 12.

1. The salaries of Reichsministers appointed since 9 Nov 1918, which are not calculated according to the provisions of Articles 16 to 24 of the Reichsminister law of 27 March 1930 (RGBl I P. 96) are to be newly calculated. In the new calculation, the above-mentioned provisions of the Reichsminister law are to be applied as if they had been already in effect at the time of the Reichsminister's dismissal from office. According to this law, excess payments received since 1 April 1933 are to be paid back. The argument of no longer existing enrichment (Article 812 and subs BGB) is inadmissible.

2. Section 1 will receive application upon the members of the federal state government appointed since 9 Nov 1918 with the provision that in place of the Reichsminister law the corresponding provisions of the federal state law will be in effect; however, payments may only be made to the amount which results from the application of the fundamental principles of Articles 16 to 24 of the Reichsminister law.

3. The new calculation of payments must take place before 31 December 1933.

4. Retroactive payments will not take place.

Art. 13.

The survivors payments will be calculated with corresponding application of Articles 8 to 12.

Art. 14.

1. Against the officials who have been dismissed or transferred upon the authority of this law, the institution of civil service punishment proceedings on account of misdemeanors committed while in office with the object of cancellation of pension, survivors benefits, designation of office, title, official uniform and insignia. The institution of the proceedings must take place on 31 December 1933 at the latest.

2. Section 1 is also valid for persons who within one year of the date that this law becomes effective have been retired and upon whom the Articles 2 and 4 would have been applied, if these persons had still been in service when this law came into effect.

Art. 15.

The provisions concerning officials will be applied in an appropriate manner to employees and workers. The implementative regulations govern detailed application.

Art. 16.

If unreasonable hardships occur in the carrying out of this law, then higher payments or transition money may be granted in accordance with the general regulations. The decisions in this matter will be made by the Reichsminister of the Interior in agreement with the Reichsminister of Finance in the case of Reichs officials, in other cases by the highest federal state authorities.

Art. 17.

1. The Reichsminister of the interior will issue in agreement with the Reichsminister of Finance, the necessary regulations for the execution and carrying through of this law and the general administrative provisions.

2. If necessary the highest federal state authorities will issue supplementary regulations. In this matter they must confine themselves to the framework of the Reichs regulations.

Art. 18.

With the expiration of the periods established in this law, the general provisions valid for the professional civil services will be again completely valid, without prejudice to the measures taken on the basis of this law.

Berlin, 7 April 1933

The Reichschancellor
Adolf Hitler

The Reichsminister of the Interior
Frick

The Reichsminister of Finance
Count Schwerin von Krosigk

TRANSLATION OF DOCUMENT 1398-PS

1933 REICHSGESETZBLATT, PART I, PAGE 433

Law to Supplement the Law for the Restoration of the Professional Civil Service of 20 July 1933

The Reich government has enacted the following law, which is hereby promulgated:

The Law for the Restoration of Civil Service from 7 April 1933 (RGBl I, page 175) is supplemented as follows:

1. The following is added to Article 2:

Article 2a

1. Officials, who have belonged to the communist party or to communistic auxiliary or collateral organizations, or otherwise have been active in furthering the aims of Communism, are to be discharged. Discharge is not necessary for (a) officials, who before 30 January 1933 joined a party or an organization, which has placed itself behind the government of the national revolution, and (b) officials, who have distinguished themselves exceptionally in the national movement.

2. Officials, who in the future are active for Marxism (Communism or Social-Democracy) are to be discharged.

3. The following are the bases on which officials are discharged: Sec. 1,--Sec. 2,--Art. 2, Sec. 1, sentence 2--Secs. 2 and 3.

Berchtesgaden, 20 July 1933

The Reich Chancellor
Adolf Hitler

For the Minister of the Interior:
The Reich Minister of Finance
Count Schwerin von Krosigk

The Reich Minister of Finance
Count Schwerin von Krosigk

PARTIAL TRANSLATION OF DOCUMENT 1400-PS

1933 REICHSGESETZBLATT, PART I, PAGE 433

Law Changing the Regulations in regard to Public Officers, June 30, 1933