Takeover of the staff of the Deutsche Prüfstelle für Rechnungslegung DPR e.V.

(1) BaFin succeeds, with effect from 1 January 2022 and in accordance with the following subsections, to the rights and obligations under the employment relationships existing at that time between the Deutsche Prüfstelle für Rechnungslegung DPR e.V. and the transferring staff, and already existing as at 1 May 2021.
(2) Transferring staff within the meaning of subsection (1) are
1. staff who are members of the Enforcement Panel within the meaning of section 6(1), first sentence, no. 3 of the articles of the Deutsche Prüfstelle für Rechnungslegung DPR e.V., and
2. other staff of the Deutsche Prüfstelle für Rechnungslegung DPR e.V. not named in no. 1. The President and Vice-President of the Enforcement Panel, and the managing director of the Deutsche Prüfstelle für Rechnungslegung DPR e.V., are not deemed transferring staff within the meaning of subsection (1) or the first sentence.
(3) For the transferred staff under subsection (2), first sentence, no. 1, the previous employment contracts continue to apply with the following provisos:
1. The place of work is, from 1 January 2023, Frankfurt am Main; BaFin may alternatively order Bonn as the place of work.
2. The service agreements applicable at BaFin for the respective staff group, in their respective current version, apply and, in case of doubt, take precedence over the contractual employment arrangements.
3. Staff carry out their activity subject to instructions and are subject to BaFin's right of direction.
(4) For the transferred staff under subsection (2), first sentence, no. 2, the employment relationship is, from 1 January 2022, determined under section 10(1) and under the service agreements applicable at BaFin, in their respective current version, with the following provisos:
1. Staff are transferred, corresponding to the activity previously carried out, 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 Deutsche Prüfstelle für Rechnungslegung DPR e.V. as at 31 December 2021 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 Deutsche Prüfstelle für Rechnungslegung DPR e.V. as at 31 December 2021 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 collectively agreed remuneration provisions of the Collective Agreement for the Public Service and the financial-market allowance as at the cut-off date of 1 January 2022 falls short of the salary paid by the Deutsche Prüfstelle für Rechnungslegung DPR e.V. as at the cut-off date of 31 December 2021, to the disadvantage of a transferred 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.
5. The place of work is, from 1 January 2023, Frankfurt am Main; BaFin may alternatively order Bonn as the place of work.
(5) The effect under subsection (1) occurs only where the Deutsche Prüfstelle für Rechnungslegung DPR e.V. has consented in writing to the takeover of staff under subsection (1) by 1 October 2021.
(6) Section 613a(5) and (6) of the German Civil Code applies accordingly.
(7) BaFin may rent and fit out office premises in Berlin until 31 December 2022 at the latest.