Partial integration of the Federal Agency for Financial Market Stabilisation; legal succession; authorisation to issue statutory instruments

(1) BaFin assumes, with effect from 1 January 2018, all rights and obligations, contracts and other legal relationships of the Federal Agency for Financial Market Stabilisation, insofar as these concern the tasks transferred to BaFin under section 4(1), fifth sentence or under other provisions with effect from 1 January 2018, and takes the place of the Federal Agency for Financial Market Stabilisation, as regards the transferring rights and obligations, in all administrative and court proceedings in which the Federal Agency for Financial Market Stabilisation is a participant. The provisions of subsections (2) to (7) remain unaffected.
(2) BaFin succeeds, with effect from 1 January 2018 and in accordance with the following subsections, to the rights and obligations under the employment relationships with transferring staff.
(3) Transferring staff within the meaning of subsection (2) are employees to whom, at the Federal Agency for Financial Market Stabilisation, activities were assigned for the performance of the tasks transferring to BaFin under section 4(1), fifth sentence. Transferring staff are, in case of doubt, determined by reference to the organisational structure of the Federal Agency for Financial Market Stabilisation as at 31 August 2017.
(4) For transferring staff within the meaning of subsection (2) who are extra-collectively employed, the previous employment contracts continue to apply.
(5) For the other transferring staff within the meaning of subsection (2), the employment relationship is, from 1 January 2018, determined under section 10(1) and under the service agreements applicable at BaFin, in their respective current version, with the following provisos: 1. transferring staff are transferred into a pay grade of the Collective Agreement on the Federal Pay Scale of 5 September 2013, in its respective current version applicable to the federal sector, in accordance with section 12 of the Collective Agreement for the Public Service of 13 September 2005, in its respective current version applicable to the federal sector. 2. Allocation to the pay steps of the pay table of the Collective Agreement for the Public Service is made in accordance with section 16 of the Collective Agreement for the Public Service, in its respective current version applicable to the federal sector. In calculating the periods material under collective-bargaining law under section 16 of the Collective Agreement for the Public Service, the periods reached at the Federal Agency for Financial Market Stabilisation as at 31 December 2017 are, without prejudice to the other conditions, taken into account as if they had been completed at BaFin. Residual periods remaining after allocation to a step are credited towards the step period for reaching the respective next step at BaFin. 3. The period of service reached at the Federal Agency for Financial Market Stabilisation as at 31 December 2017 is continued as a period of service within the meaning of section 34(3), first and second sentences of the Collective Agreement for the Public Service. 4. Where the sum of the table remuneration under section 15 of the Collective Agreement for the Public Service and the financial-market allowance as at the cut-off date of 1 January 2018 falls short of the sum of the table remuneration under the Deutsche Bundesbank's collective agreement, the Bundesbank allowance and any starting allowance as at the cut-off date of 31 December 2017, to the disadvantage of a transferring staff member, that staff member is granted a personal allowance. The details of the arrangement, calculation and general tapering of this above-collective allowance are laid down in a separate provision of the Federal Ministry of Finance, requiring the consent of the Federal Ministry of the Interior. In the event of appointment to a civil-service relationship, a staff member's entitlement to the allowance lapses.
(6) The Federal Agency for Financial Market Stabilisation must inform the transferring staff in writing, by 31 October 2017, of the legal, economic and social consequences of the transfer. Transferring staff within the meaning of subsection (2) who fall under subsection (5) may object to the transfer of their employment relationships. The objection may be declared in writing to the Federal Agency for Financial Market Stabilisation or to BaFin within one month after receipt of the information. Transferring staff within the meaning of subsection (2) who fall under subsection (4) have no right to object to the transfer of their employment relationships.
(7) The Ministry is authorised to issue, by statutory instrument, detailed provisions on the particulars of the legal succession.