Change Of The Artist Social Fund Law And The Art Promotion Contribution Act 1981

Original Language Title: Änderung des Künstler-Sozialversicherungsfondsgesetzes und des Kunstförderungsbeitragsgesetzes 1981

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2015_I_15/BGBLA_2015_I_15.html

15 federal law be changed with the artist Social Security Fund Act and the art promotion contribution Act 1981

The National Council has decided:

Article 1

Artists Social Security Fund Act

The artist Social Security Fund Act K SVFG, Federal Law Gazette I no 131/2000, as last amended by the Federal Act, Federal Law Gazette I no. 92/2013, and 2014 Ministry Act, Federal Law Gazette I no. 11/2014, is amended as follows:

1 change the name of the 3rd section "Benefits of the Fund" on "Post grants of the Fund" and the type of section 16 by "Post grants" for "Grants to statutory social security contributions". in the table of contents.

2. in the table of contents of the "section 4" is named "article 5"; the following entry is inserted after the entry for paragraph 25:

"4. cut off aid to artists



Section 25a.





Purpose of the aid







section 25 b.





Guidelines for the granting of the aid







section 25c.





Granting of aid







§ 25 d.





Advisory Board for the granting of the aid"





3. in paragraph 1 is inserted after the phrase "Artists" the phrase "and of other aid to artists".

4. in article 2, paragraph 2 accounts for and in paragraph 1 the phrase "on the basis of their / his artistic ability".

5. in article 3, paragraph 1, the phrase "and other social support for artists" is inserted after the word "Social".

6 paragraph 4:

"Section are 4. tasks of the Fund



1. the performance of grants to the contributions to be paid by the artists to the compulsory insurance in accordance with article 2, paragraph 1 Z 4 and art. 273 par. 6 of the commercial law on social insurance - GSVG, BGBl. No. 560/1978, § 8 para 1 No. 3 lit. a and section 572 (4) in conjunction with article 581, paragraph 1 a of the General Law on Social Insurance - ASVG, Federal Law Gazette No. 189/1955;

2. the receipt of notification of the suspension and the resumption of artistic self-employment according to § 22a;

3. the granting of aid to artists in accordance with § 25c;

4. the application of funds for the tasks of the Fund."

7. in article 7, paragraph 1 Nos. 1, para. 2, 5 and 6, article 8, paragraph 1, 2, 5 to 7, article 10, paragraph 1 and 2, article 11 par. 3 and 4, section 12 paragraph 2, article 15, paragraph 1, 3 to 5, § 18 para 2, § 26 para 2 and § 31 replace the term "Federal Minister for education, art and culture" in the respective grammatical form the term "Chancellor" in the correct grammatical form. In § 15 para 4, the designation does not apply "her /".

8. in article 11, paragraph 3, the phrase "of the Federal Ministry for education, arts and culture" is replaced by the phrase "the Federal Chancellor's Office".

9. in article 13, paragraph 1, the Word will be in Z 5 "and" by a comma, and in no. 6 of the paragraph by the word "and" replaced. following no. 7 is added:



"7 information on custody and maintenance obligations, assets and expenses."

10. in article 14, paragraph 3, the phrase "and other services of the Fund under this Federal Act" is inserted after the word "Post grants".

11. in article 15, paragraph 3, in Z 4 the point replaced with a semi-colon and following Z 5 added:



"5. the approval of the guidelines for the granting of aid to artists in particularly worthy of consideration emergencies in accordance with § 25 b."

12. in the name of the 3rd section, the word "Services" is replaced by the word "Post grants".

13. the heading to section 16 reads as follows:

"Grants to contributions in the legal social security"

14. in article 17, paragraph 1, inserted in no. 2 after the word "Income" the phrase "or revenue", in Z 3 the quote "No. 2" the word "Sixty" "65-fache" replaced by the quote "§ 2 para 1" and no. 4 by the word.

15. in article 17, paragraph 3, the word "Qualification" is replaced by the word 'Activity'.

16. in article 17, paragraph 4, the quote "according to § 19 para 3" is inserted after the word "Elimination".

17. in article 17, paragraph 5 be in the sentence after the word 'Minimum income' inserted the phrase "or minimum income", and in no. 2, the point replaced with a semicolon;. following no. 3 shall beadded:



"3. revenue from independent artistic activities (such as preparation and activities which serve to carry artistic work, distribute or make available to) in the field of art, for which pursuant to § 20 para 1 entitlement to post grant was found basically up to half of the amount referred to in paragraph 1 Z 2."

18. in article 17, paragraph 8 receives the sales designation (9); following paragraph 7 and 8 shall be inserted after paragraph 6:

"(7) that paragraph 1 is Z 2 requirement in accordance with also meets, if - beginning with the calendar year, for the first time had the grant - on average in three consecutive calendar years the minimum income (minimum income) have been achieved. After the expiry of such three-year period of calculation starts with the next following calendar year in which the grant goes to the new three-year calculation period.

(8) in the first five calendar years, where the minimum income (minimum income) referred to in paragraph 1 not have been achieved Z 2 in connection with para 5 and 7 is eliminated. the eligibility requirement of minimum income (minimum income)"

19. in article 18, the amount of "1 026 euros" is replaced by the amount '1 722 euro' in para 1 and in paragraph 4, the phrase "on the basis of their / its activity in accordance with article 2, paragraph 1" does not apply

20 paragraph 19 paragraph 3:

"(3) the entitlement to post grant:"



1. basically, if the eligibility requirement in accordance with article 17, paragraph 1 has been removed no. 3 or the independent artistic activities terminates;

"2. otherwise only for those periods where the minimum income (minimum income) in accordance with article 17, paragraph 1 were achieved not No. 2 or the upper limit of the income (§ 17 par. 1 Z 4) has been exceeded."

21 paragraph 21 paragraph 5:

"(5) was the upper limit of the income (article 17, paragraph 1 Z 4 in connection with paragraph 6) or lower limit of income or income from artistic activity (§ 17 para 1 No. 2 in conjunction with paragraph 5, 7 and 9) each in five calendar years for which the grant was granted, exceeded or not reached, the grant from the determining next following calendar years is so each only after proof of income or income from artistic activity (minimum) or the total income (upper limit) in hindsight" to grant for the calendar year in question. The calendar year in accordance with article 17, paragraph 8 are to be."

22. in article 22 be inserted in paragraph 2, after the word "Income", the phrase "as well as revenue" and in paragraph 4 the word "Post grant" the quote "according to § 19 para 3"; in paragraph 5, the quote "in accordance with paragraph 4" is omitted.

23 paragraph 23 paragraph 1:

"23 (1) post subsidies, which are over eligibility, or for periods after discontinuation of the claim from the Fund to the social insurance institution were made, by the party concerned the Fund within one month after the prompt re zuzahlen. The same applies for provisional post grants that were made on the basis of the provisional contribution basis pursuant to section 25a of the GSVG. Is the entitlement to post grant expired, because the upper limit of the income (article 17, paragraph 1 Z 4 in connection with paragraph 6) exceeded or the lower limit of income or revenue (article 17, paragraph 1 Z 2 in conjunction with paragraph 5, 7 and 9) falling below, so is the repayment obligation only in the amount, which was exceeded the upper limit or below the lower limit. The repayment obligation has to determine the funds each for a calendar year."

24 paragraph 23 paragraph 4:

"(4) the Fund must waive / the party concerned wholly or partly on request recovery, if recovery of the amount receivable for the affected / interested parties would be unreasonable according to the situation of the case, in particular, taking into account their / his economic circumstances. Is the repayment obligation due to not reaching the lower limit of income or income from artistic activity (§ 17 para 1 No. 2 in conjunction with paragraph 5, 7 and 9), is also to consider whether in the calendar year concerned the artist / the artist by him not to be reasons not able to exert the artistic activity over a longer period. "The existence of the conditions for a waiver depends on the artist / to prove by the artist."

25 paragraph 23 paragraph 7:

"(7) the entitlement is limited to five years from its finding by the Fund. The Statute of limitations is suspended. as long as proceedings before the Federal Administrative Court or the courts of public law of the existence of the repayment obligation is pending"

26. the "section 4" is named "article 5"; According to § 25 the following section 4 is inserted:

"4. cut off aid to artists

Purpose of the aid


Section 25a. The Fund may grant non-refundable aid at the request of artists living in Austria in particularly worthy of consideration emergencies in particular for the following purposes:



1. to cover necessary living expenses with income loss due to severe or long British disease or other unforeseen events;

2. reimbursement of costs for urgent purchases or repairs due to an extraordinary event;

3. to cover increased expenses for diseases (such as diabetes);

4. for medical necessary stays in Spa, convalescent - or rest homes.

Guidelines for the granting of the aid

section 25 b. As a basis for the allocation of aid, the Managing Director of the Fund has to create policies that are to approve and make public in an appropriate manner by the Federal Chancellor. The guidelines have in particular provisions to contain:



1. subject of the aid;

2. eligible costs;

3. personal and objective conditions for the granting of aid;

4. extent and nature of aid;

5. procedures for the granting of the aid a. application (type, content, facilities of the documents, seizures), b. payout mode, c. reporting (final cut), settlement, final review, d. adjustment and recovery of the aid.

6 contracts.

Granting of aid

section 25c. (1) the aid is granted by the Fund in accordance with the guidelines and existing resources. No legal claim on the granting of aid. The Fund may at any time check the dedication intended of the aid and obtain information about the use of the aid.

(2) aid granted can be has neither by assignment, statement or pledge still in a different way.

(3) in a calendar year, aid may be granted total up to EUR 500 000 if the grant of the contribution funding is not endangered.

(4) the Managing Director of the Fund has the curatorship on request, in any case, with the presentation of the annual financial statements for decision, to report on the granting of aid.

Advisory Board for the granting of the aid

§ 25 d. (1) to advise on the granting of aid an Advisory Board is from the Fund set up, consisting of four members. Is a member of the Federal Chancellor, to appoint a member of the Managing Director of the Fund and a member of the Culture Council of Austria. The fourth member is to send each of the representative artists representations in accordance with section 11 paragraph 4 in alphabetical order to the individual meetings of the Advisory Board. The Managing Director of the Fund has to urge the upcoming series artist representation in time before the meeting to the posting of the Member. The prompted artist representation of the right does not exercise the Advisory Council at the meeting without this member is part composed.

(2) the Presidency of the Council is the Member appointed by the Managing Director of the Fund. For the members of the Advisory Board appointed by the Federal Chancellor, the Fund and the Austrian Cultural Council, article 7, par. 3 and 4 shall apply. § 11 paragraph 7 and 8 with the proviso that he/the right to vote is Chairman of the Advisory Board and vote their vote is crucial is for the meetings of the Advisory Board.

"(3) the Advisory Board shall in the course of its activities to determine whether and to what extent are the conditions for the granting of the aid."

27 the following paragraph 8 is added to §. June 30:

"(8) section 17 in the version of Federal Law Gazette I 15/2015 is no. 1 January 2014 into force and applies for the calendar years from 2014th to derogation applies section 17 para 8 in this version for periods before 1 January 2014, where were the minimum income pursuant to § 17 para 1 achieved no. 2 as amended to 31 December 2013 and not yet repaid the funds for that purpose received grants , where to apply Z 2 as amended by 31 December 2013 for these cases is section 23 paragraph 4. These periods and the periods for which the Fund has waived repayment of the grant because of failure to meet of the minimum income, shall be at the five calendar years in accordance with article 17, paragraph 8."

Article 2

Art promotion contribution Act 1981

The art promotion contribution Act 1981, Federal Law Gazette No. 573/1981, as last amended by the Federal Act, Federal Law Gazette I no. 92/2013, and 2014 Ministry Act, Federal Law Gazette I no. 11/2014, is amended as follows:

1. in article 1, para. 3, § 2 para 1 to 3, § 3 para 1, § 5 Z 1 are in the respective grammatical form the designation "Federal Minister for education, art and culture" by the designation "Federal Chancellor" in the correct grammatical form replaced.

2. in article 6, paragraph 6, the date "31 December 2017" is replaced by the date "31 December 2020". The last sentence is replaced by the following sentence:

"An evaluation of the impact of the amendment and the spending structure of the artist Social Fund has to be carried out up to 31 December 2017."

Fischer

Faymann