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Partial retirement for civil servants; application

Partial retirement was introduced for Bavarian civil servants on August 1, 1999. It is intended to allow employees a smooth transition into retirement.

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Procedure details

Partial retirement means that employees of a certain age reduce their working hours until they retire. During partial retirement, higher salaries are paid than for "normal" part-time employment. Under pension law, periods of partial retirement are treated in the same way as other part-time employment in terms of pensionable service. Partial retirement gives employees the opportunity to make a smooth transition from working life to retirement.

Two options are available for the contribution of working hours.

  • In the part-time model, the civil servant works continuously until the start of retirement at 60 % of the average working hours worked in the last five years before starting partial retirement.
  • In the block model, the working hours are initially continued in a savings phase at the level of the average working hours worked in the last five years and reduced to zero in the second phase of partial retirement (release phase).

Remuneration is reduced to the same extent as the average working hours during partial retirement. In addition, a non-pensionable, tax-free supplement (but subject to progression) is granted (so-called partial retirement supplement). As a result, during the entire period of partial retirement, remuneration is paid in the amount of 80 percent of the net salary that would have been due if the employee had been employed for the average number of hours worked in the five years prior to the start of partial retirement.

The Bavarian model is characterized in particular by the fact that part-time civil servants are also generally included.

  • Partial retirement can only be granted if there are no urgent official interests to the contrary.
  • The minimum age for taking advantage of partial retirement is 60 years, for severely disabled civil servants 58 years. For teachers, the age limit is the beginning of the school year in which they reach the relevant age.
  • Partial retirement must extend until the start of retirement.
  • Partial retirement must cover a period of at least one year.
  • Certain management positions are excluded from partial retirement.

The application for partial retirement must be submitted to the employer.

The approval of partial retirement is at the employer's discretion.

The application for partial retirement should be submitted around three months before the planned start date.

(Optional) appeal procedure
  • Appeal procedure (optional); lodging an appeal

    If the objection has no suspensive effect, an application for suspension of enforcement can be made to the original authority or the objection authority in accordance with Section 80 (4) VwGO. Instead, an application for an order or restoration of the suspensive effect of the objection can be made to the competent Bavarian Administrative Court in accordance with Section 80 (5) VwGO.

    Please note: If it concerns the demand for public charges and costs (§ 80 Para. 2 Sentence 1 No. 1 VwGO), an application to the court is generally only admissible if the authority has previously rejected an application for suspension of enforcement (§ 80 Para. 6 VwGO).

Status: 21.10.2024
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Finanzen und für Heimat
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