Source
Law for the Restoration of the Professional Civil Service (April 7, 1933)
The Reich government has enacted the following law, which is hereby promulgated:
§ 1.
1. For the restoration of a national professional
civil service and for the simplification of administration, civil
servants may be discharged from office in accordance with the
following regulations, even when there are no grounds for such
action under existing law.
2. For the purposes of this law,
the term “civil servant” means immediate
[unmittelbare] and mediate
[mittelbare] officials of the
Reich, immediate and mediate officials of the federal states
[Länder], officials of local
governments [Gemeinde] and
local government associations, officials of public corporations
and of institutions and enterprises with the same status. The
stipulations apply also to social insurance agency employees who
have the rights and duties of civil servants.
3. “Civil
servants,” for the purposes of this law, also includes officials
in temporary retirement.
4. The Reichsbank and the German State Railway Co. are empowered to make corresponding regulations.
§ 2.
1. Civil servants who attained their status after
November 9, 1918, without possessing the required or customary
training or other qualifications, are to be dismissed from
service. Their former salaries will be accorded to them for a
period of 3 months after their dismissal.
2. They possess no
right to allowances, pensions, or survivors’ pensions, nor to
continued use of the official designation, title, official
uniform, and official insignia.
3. In cases of need, a
pension, revocable at any time, equivalent to a third of the
normal base pay for the last position held by them may be granted
to them, especially when they are caring for dependent relatives;
reinsurance according to the provisions of the Reich’s social
insurance law will not occur.
4. The stipulations of Section
2 and 3 will be applied in the case of persons who come under the
provisions of Section 1 and who had already been retired before
this law became effective.
§ 3.
1. Civil servants of non-Aryan descent are to be
retired; honorary officials are to be removed from official
status.
2. Section 1 does not apply to civil servants who
were already employed on August 1, 1914, or who fought during the
World War at the front for the German Reich or who fought for its
allies or whose fathers or sons were killed in the World War. With
the agreement of the appropriate special minister or the highest
authorities of the federal states, the Reich Minister of the
Interior can permit further exceptions in the case of officials
who are abroad.
§ 4.
Civil servants whose former political activity
affords no guarantee that they will act in the interest of the
national state at all times and without reservation can be
dismissed from service. They are to be accorded their former
salary for a period of 3 months after their dismissal. Thereafter,
they will receive ¾ of their pension and corresponding survivor’s
benefits.
§ 5.
1. Every civil servant must acquiesce to being
transferred to another office in the same or equivalent sector,
even one carrying a lesser rank or regular salary—reimbursement of
the approved relocation expenses will occur if the transfer is
made on account of service-related needs. If a civil servant is
transferred to an office carrying a lesser rank and regular
salary, he retains his previous official title and the official
income of his former position.
2. In place of a transfer to
an office of lesser rank and regular income (Section 1), within
one month of the transfer the civil servant can demand to be
retired.
§ 6.
To simplify administration, civil servants can be
retired even if they are not yet unfit for service. If civil
servants are retired for this reason, their places may not be
filled again.
§ 7.
1. Dismissal from office, transfer to another office,
and retirement will be ordered by the highest Reich or federal
state agency, which will render a decision that is final and not
subject to appeal.
2. The dispositions according to Articles
2–6 must be made known to those affected by September 30, 1933, at
the latest. […]
§ 8.
A pension will not be granted to civil servants
dismissed or retired in accordance with Articles 3 and 4 if they
have not completed a term of service of at least 10 years. […]
Berlin, April 7, 1933
Reich Chancellor
Adolf
Hitler
Reich Minister of the Interior
Frick
Reich Minister of Finance
Count Schwerin von Krosigk
Source of English translation: Law for the Reestablishment of the Professional Civil Service (April 7, 1933). In United States Chief Counsel for the Prosecution of Axis Criminality, Nazi Conspiracy and Aggression, Volume III. Washington, DC: United States Government Printing Office, 1946, Document 1397-PS, pp. 981–83. English translation credited to Nuremberg staff; edited by GHI staff.
Source of original German text: Gesetz zur Wiederherstellung des Berufsbeamtentums (7. April 1933), Reichsgesetzblatt, 1933, Part I, p. 175; reprinted in Paul Meier-Benneckenstein, ed., Dokumente der deutschen Politik, volume 1: Die Nationalsozialistische Revolution 1933, edited by Axel Friedrichs. Berlin, 1935, pp. 172–75.