§ 12 BDSG
Official status
(1)The Federal Commissioner shall stand in a public-law official relationship with the Federation in accordance with this Act.
(2)The official relationship shall commence with the delivery of the certificate of appointment. It shall end with the expiry of the term of office or with the resignation. The Federal President shall, on the proposal of the President of the Bundestag, dismiss the Federal Commissioner from office if the Federal Commissioner has committed a serious breach of duty or no longer fulfils the conditions required for the performance of his or her tasks. In the event of termination of the official relationship or dismissal from office, the Federal Commissioner shall receive a certificate signed by the Federal President. A dismissal from office shall take effect upon delivery of the certificate. If the official relationship ends upon expiry of the term of office, the Federal Commissioner shall be obliged, upon request of the President of the Bundestag, to continue to conduct business until the appointment of a successor, for a maximum period of six months.
(3)The leading official shall exercise the rights of the Federal Commissioner if the Federal Commissioner is prevented from exercising his or her office or if his or her official relationship ends and the Federal Commissioner is not obliged to continue to conduct business. Section 10 Subsection (1) shall apply accordingly.
(4)The Federal Commissioner shall receive, from the beginning of the calendar month in which the official relationship commences until the end of the calendar month in which the official relationship ends, in the case of Subsection (2), sixth sentence, until the end of the month in which the conduct of business ends, official remuneration in the amount of salary group B 11 as well as the family supplement in accordance with Annex V of the Federal Remuneration Act. The Federal Travel Expenses Act and the Federal Relocation Expenses Act shall apply accordingly. In all other respects, Section 12 Subsection (6) and Sections 13 to 20 and Section 21a Subsection (5) of the Federal Ministers Act shall apply with the proviso that the five-year term of office shall take the place of the four-year term of office in Section 15 Subsection (1) of the Federal Ministers Act. By way of derogation from the third sentence in conjunction with Sections 15 to 17 and Section 21a Subsection (5) of the Federal Ministers Act, the retirement pension of the Federal Commissioner shall be calculated by adding the term of office as pensionable service with corresponding application of the Civil Servants' Pension Act, if this is more favourable and the Federal Commissioner held, immediately before his or her election as Federal Commissioner, as a civil servant or judge at least the office normally held immediately before attaining salary group B 11.