Change The Notary Insurance Act 1972 (Amendment 16 Of The Nvg 1972)

Original Language Title: Änderung des Notarversicherungsgesetzes 1972 (16. Novelle zum NVG 1972)

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16. Bundesgesetz (Federal Law), which amended the Act of NotaryInsurance in 1972 (16. Novelle zum NVG 1972)

The National Council has decided:

The Emergency Insurance Act 1972, BGBl. N ° 66, as last amended by the Federal Law BGBl. I n ° 139/2013, shall be amended as follows:

1. The abbreviation of the short title of the law is:

"NVG"

2. In § 2 Z 1, the expression "the NVG 1972" by the expression "this federal law" replaced.

3. In § 2 Z 3 lit. b becomes the expression "List of notarial candidates" by the expression "List of nominee notarial candidates" replaced.

4. § 2 Z 4, 5, 7, 12, 17 and 18 shall not be used for the expression "NVG 1972" .

5. In § 2 Z 5, the expression "Age (occupational incapacity) pension" by the expression "(premature) age (occupational incapacity) pension" and the expression "§ § 47 and 51" by the expression "§ § 47, 51 and 51a" replaced.

6. § 2 Z 8 to 11 are:

" 8.

L e i s t u n g: an ongoing performance and a one-off performance under this federal law.

9.

A pension, a subsidy under this federal law and the professional incapacity allowance (§ 49).

10.

E i n m a l i g e L e i s t u n g e: the copy of a widow (widower) pension (§ 56), the severance (§ 59) and the funeral expenses contribution (§ 60).

11.

Pensio n: the occupational disability pension (§ 47), the retirement pension (§ 51), the early retirement pension (§ 51a), the widows (widows) pension (§ 54), the pension for surviving registered partners (§ 54a), the orphan pension (§ 57) and the pension in detention (Section 25 (3)). "

7. In § 2 Z 13 and 14 the expression "according to the NVG 1972" in each case by the expression "according to this federal law" replaced.

8. In § 13 (1), after the expression "Income Tax Notification" the expression " , in the case of a notary partnership (§ § 22 ff. the Notarial Order) the last notice of determination according to § 188 BAO, " inserted.

9. In § 14 (1) (1) (1) and (2), after the expression: "Income Tax Notification" each of the brackets "(Letter of determination according to § 188 BAO)" inserted.

10. § 14 para. 2 Introduction reads:

" In the calendar year in which the insurance obligation ends on account of the seizage of a benefit under this Federal Act, and in the preceding calendar year, in the case of income from independent activity (Section 10 (1) (2)) of the recalculation of the To base contributions: "

11. In § 15 (5), first sentence, the expression "Bedachtnahme auf die applicable von der Oesterreichische Nationalbank verlautbarte Secondary marktrendite für Bundesanlend" by the expression " Bedachtassumption on the base interest rate (Art. 1 (1) of the first paragraph Euro-Justice-Accompanying Act, BGBl. I No 125/1998) " replaced.

12. § 20 (2) reads:

(2) For the level of the adjustment factor, without prejudice to § 72 (5), the increase in consumer prices and two-thirds of the income index shall be equal in equal parts, which shall be calculated as follows:

1.

The increase in consumer prices shall be determined on the basis of the average increase in twelve calendar months up to July of the year preceding the year of adjustment, with the consumer price index 2010 or a reference to its position. Index is to be used. For this purpose, the arithmetic mean of the annual inflation rates published for the calculation period by Statistics Austria shall be formed. The increase in consumer prices must not be less than zero.

2.

The income index is the average percentage change in the income from the contributions made by the compulsory insured persons in the last three completed financial years as compared to the previous years. If the contribution rates are different, this calculation shall be carried out for all years with the highest contribution rate. The income index must not be less than zero. "

13. In § 23 (1), second sentence, the expression "from the list of notarial candidates" in each case by the expression "from the list of notarial candidates/inn/en" replaced.

14. § 23 (2) reads:

" (2) If the application for a pension, with the exception of a benefit from the insurance case of the age, is made only after the expiry of the time limits referred to in paragraph 1, it shall not apply until the date on which the application is submitted, if the application is made on a monthly basis. , otherwise the month after the submission of the application shall be the most appropriate. If a performance from the insurance case of the age is not requested within six months after the office has been removed as notary or notary, or after deletion from the list of the notarial candidate/inn/inn/en, it shall not fall until the date of the date of the The date of application or the date requested by the applicant, not longer than six months, if it falls on a month's sergeon, otherwise the month following that day. "

15. In § 24 (1) last sentence, the expression "from the list of notarial candidates" by the expression "from the list of notarial candidates/inn/en" replaced.

16. § 25 (1) reads:

" (1) The entitlement to benefits, with the exception of the reimbursement fee (§ 60), shall rest, as long as the person entitled to claim or, in the case of a child grant, their child (§ 57 para. 2) is served a custodial sentence or in the cases of the Section 21 (2), (22) and (23) of the Penal Code shall be held in one of the institutions mentioned therein. "

17. In § 25 (2) and (2a) the word shall be: "Pension entitlements" in each case by the word "Performance testing" replaced.

18. § 25 para. 3, first and second sentence are:

" If an insured person whose claim is based on paragraph 1 has a spouse/spouse or a registered partner or a registered partner in the territory of the country, he/she shall be entitled to the same in the territory of the country of the insured person who, in the case of the person concerned, is entitled to If the insured person is entitled to a survivor's pension, a benefit in the amount of half of the dormant benefit, with the exception of any subsidies, would be paid. To this performance fees, any child subsidies at that level, such as those charged to the dormant benefit. "

19. § 27 shall be repealed.

20. In § 32, the first sentence, the expression "Eligibility" in each case by the expression "the person entitled" and the expression " with the completion of the 18. Life Year " by the expression "with the end of the child's status according to § 57 (2) and (3)" replaced.

21. In § 35 (3), second sentence, the word shall be: "pay" by the word "wear" replaced.

22. In § 35 (4), the word "rounded" by the word "rounded up" replaced.

23. In § 35 (5), first sentence, after the expression "Witwen (widows) confirmations" the expression "or partnership certificates" inserted.

(24) The following paragraph 6 is added to § 35:

"(6) In the event of violations of the reporting and information obligation (§ 8), the insurance institution is entitled to withhold benefits until the person entitled to the notification has complied with the obligation to register and provide information."

25. § 37 (2) reads:

" (2) If it is perceived that orphan pensions or child subsidies are not used by the payee in favour of the child, the insurance institution may, with the consent of the court of law, a different payee (s) in the order. "

26. In § 38 (1) the expression "Reporting rules (§ 6)" by the expression "Reporting, information or deposit requirements" replaced.

27. § 39 (1) reads:

" (1) If, at the time of the death of the person entitled to the claim, a due benefit is not yet paid, the spouse or the registered partner shall be successively the spouse or the registered partner, unless otherwise specified in this Federal Act, the physical children, the electoral children, the stepchildren, the parents, the siblings, but all these persons only if they are dependent on the eligible person at the time of their death, or if they are subject to maintenance obligations were or have lived with her at the time of her death in domestic community . If the person is entitled to a number of children or siblings of the deceased person, they shall be entitled to equal access to the same parts. "

28. In § 41 (2), second sentence, the expression "from the list of notarial candidates" by the expression "from the list of notarial candidates/inn/en" replaced.

29. The following paragraph 3 is added to § 41:

" (3) After the completion of the 65. In the event of an application for a benefit from the insurance case of the age not provided within six months of the date of the cancellation of the office as notary/notary or after deletion from the list of the notarial candidate/inn/inn/en, the date of the application shall be: for the determination as to whether and to what extent a benefit is due, the day following the date of application or the date of the applicant's request, not longer than six months, if it falls to a month's sergeon, otherwise the following month's serenals this day. "

30. In § 42 (1) Z 3, after the expression " BGBl. No 273/1972, ' the expression "or a transfer amount according to § 308 ASVG in conjunction with § 64 of this Federal Law" inserted.

31. § 42 (2) (3), the second to fifth sentences are deleted.

32. The following paragraph 3 is added to § 42:

" (3) The redirection of the contributions shall be within six months of the re-start of the insurance or insurance. after the end of the holiday against the cessation of the references or to apply for the first-time entry of the insurance obligation. The amount of the contributions depends on the average contribution basis during the first twelve calendar months after the start of the insurance (start). The following may also be requested after the date of entry of the insurance case, if it has occurred during the course of the time limit for the application; if within the period of the insurance case of death it has occurred, the following shall be: Survivors up to the end of six months after the death of the insured person entitled to the application and the subsequent execution of the contributions. The application period shall be extended for periods within which the applicant has been demonstrably prevented from making the application without fault of his own. "

33. In § 45 paragraph 2 Z 4, the expression "in the list of notarial candidates" by the expression "in the list of notarial candidates/inn/en" replaced.

34. The following sentence shall be added to section 48 (2) (1):

" Fall in the period of the conversion period, for which a transfer amount according to § 64 of this Federal Act or an amount of credit according to § 13 of the Federal Act of the Federal Republic of Germany, BGBl. I No 64/1997, or a transfer amount in accordance with § 49h (3) of the Law on Bezügegesetz, BGBl. No 273/1972, or a transfer amount pursuant to Article 308 of the ASVG, shall be taken into account for these periods the contribution bases notified by the institution providing these amounts in the calculation of the supplementary pension. "

35. § 48 (4) is repealed.

36. In § 48, paragraph 7, the expression "the insurance institution has not been notified in good time (§ 65)" by the expression "from which the insurance institution has not become aware within six months of the date of its entry" replaced.

37. In § 48, paragraph 8, the expression " 1 to 5 " by the expression " 1 to 6 " replaced.

38. § 48 (10) is repealed.

39. In § 51 (1) second sentence, the expression "from the list of notarial candidates" by the expression "from the list of notarial candidates/inn/en" replaced.

40. § 51a in the version of the Federal Law BGBl. I n ° 98/2006 is:

" § 51a. From 1. January 2015, the insured person is entitled to an early retirement after the completion of the 65. A year of life if the office has been cancelled or if it has been removed from the list of nominee for notarial services. "

41. § 52a (3) in the version of the Federal Law BGBl. I n ° 98/2006 is:

"(3) The reduction in accordance with paragraph 1 may not exceed 24.00%, the reduction under para. 2 shall not exceed 14.40% of the pension due in accordance with § 48; section 48 (8) shall remain unaffected."

Section 55 (6) Introduction reads:

"The former spouse/former spouse is due in accordance with paragraph 1 Z 1 60 vH, if".

43. In § 63, the following paragraph 2a is inserted after paragraph 2:

" (2a) (1) does not apply in the event of the expel of a insured person (a notary/notary) after the completion of the 65. Life year if it is already entitled to early retirement under this federal law at the time of the expulsion. "

44. In § 63 (3) Z 5, the expression "Pension insurance of employees" in each case by the expression "Pension insurance in accordance with the ASVG" replaced.

45. § 64 Z 2 and 3 are repealed.

46. In § 65 (2), the parenthesis shall be " (§ 80 para. 1 lit. b) " by the parenthesis expression "(§ 80 (1) and (2))" replaced.

47. § 67 (2) is repealed.

48. In § 67 (5), the last sentence is deleted.

49. § 69 (1) Introduction reads:

" A member (alternate member) of the board or an auditor/auditor (a deputy auditor/deputy auditor) or a former notary/a former notary as a member of the The Annual General Meeting is to be thieves of the Office: "

50. In § 70, second sentence, the word "meets" .

51. In § 71, the word "Auditor" by the expression "Auditors and their alternates" replaced.

52. In § 72 (1), first sentence, the expression "(§ 141 of the Notarial Code) and ten former notaries" by the expression "(§ 141a of the Code of Notarial Code) and ten former notaries/notaries" replaced.

53. In § 72 (1), second sentence, after the expression "Austrian Notarial Chamber" the expression "or former notaries/notaries elected to the Annual General Meeting" inserted.

54. In § 72 (4) (1), the expression "the President" by the expression "the President and the Vice-President" replaced.

55. In § 72 (4) (4) (4), before the expression "from the closure of the accounts" the expression "from the Annual Report," inserted.

56. In § 73, the following paragraph 1 is inserted after paragraph 1:

"(1a) If the President or one of the three other members is temporarily prevented from performing the duties of the Office, they shall be represented by their elected representatives."

57. In § 74, the following paragraph 2a is inserted after paragraph 2:

"(2a) If an auditor/auditor is temporarily prevented from performing the duties, he/she shall be represented by the elected deputy/deputy."

Section 75 (2), first half-sentence reads:

"In the presence of the President and of at least three other members, the Board of Management convened in order is quorum;".

59. The last sentence is deleted in Section 77 (4).

60. In § 78 (1) (1) (1), after the expression: "have been issued," the expression "whose creditworthiness is deemed to be unquestionable," inserted.

61. In § 79 (1) the term " "in agreement with the Federal Minister for Finance" .

62. In § 80 (2), after the expression "up to 20% and" the expression "hereinafter, if this measure is not sufficient," inserted.

63. In § 87 (2), first sentence, after the expression "in individual cases" the expression "the income tax decision," inserted.

64. In § 87a (1) introduction, the term " "under the conditions laid down in paragraph 2" .

65. § 88 reads:

" § 88. § 460 ASVG applies in respect of the service, pay and pension conditions of the employees of the insurance institution, with the proviso that the amount of the management allowance for the senior staff member (dessen/deren) Deputy) is to be determined by the board of directors. "

66. § § 90 and 91 are repealed.

67. In § 94 (5), first sentence, the expression "Request for transfer amount" in each case by the expression "Application for the performance of a transfer amount" replaced.

68. In § 112 (1) Z 5, the term " " 1. Jänner 2016 " by the expression " 1. Jänner 2015 " replaced.

69. In accordance with § 120, the following § 121 shall be added together with the heading:

" Final determination of the Federal Law BGBl. I N ° 16/2015 (16. Novelle)

§ 121. (1) § § 2 Z 1, 3 lit. b, 4, 5, 7 to 14 as well as 17 and 18, 13 para. 1, 14 para. 1 Z 1 and 2 as well as para. 2, 15 para. 5, 20 para. 2, 23 para. 1 and 2, 24 para. 1, 25 para. 1 to 3, 32, 35 paragraphs 3 to 6, 37 para. 2, 38 para. 1, 39 para. 1, 41 para. 2 and 3, 42 para. 1 Z 3, Section 2, Z 3 and Para. 3, 45 (2) Z 4, 48 (2) Z 1 and (7) and (8), 51 (1), 51a, 52a (3), 55 (6), 63 (2a) and (3) Z 5, 65 (2), 67 (5), 69 (1), 70, 71, 72 (1) and 4 (1) and (4), 73 (1a), 74 (2a), 75 (2), 77 (2), (2) and (4) (2), (2) and (4). 4, 78 (1) Z 1, 79 (1), 80 (2), 87 (2), 87a (1), 88, 94 (5) and 112 (1) (1) (5), as amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 16/2015 is 1. Jänner 2015 in force.

(2) There shall be no force:

1.

§ § 27, 48 (4) and (10), 67 (2) and (90) and (91);

2.

Retroactive with the expiry of 31 December 2004 § 64 Z 2 and 3. "

Fischer

Faymann