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

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15. Federal Act to amend the Artists-Social Security Fund Act and the 1981 Art Promotion Law

The National Council has decided:

Article 1

Artists-Social Security Fund Law

The Artists-Social Security Fund Act-K-SVFG, BGBl. I n ° 131/2000, as last amended by the Federal Law, BGBl. I N ° 92/2013, and the Federal Ministries Act of 2014, BGBl. I n ° 11/2014, shall be amended as follows:

1. In the table of contents, the name of the 3. Section " Benefits of the Fund " on " Contribution grants from the Fund " and the designation of § 16 of " Contribution grants " on " Grants for contributions from statutory social insurance " changed.

2. In the table of contents, the " Section 4 " the designation " Section 5 " ; after the entry to § 25 the following entry is inserted:

" 4. Section
Aid to artists/artists

§ 25a.

Purpose of the aid

§ 25b.

Guidelines for the granting of aid

§ 25c.

Granting of aid

§ 25d.

Advisory Council for the granting of aid "

3. In § 1, after the word order "Artists/Artists" the phrase "and of other aid to artists" inserted.

4. In § 2, para. 2 and in para. 1 the word order "on the basis of her/his artistic ability" .

5. In § 3 (1), after the word "Social Security" the phrase "and on other social support of artists" inserted.

6. § 4 reads:

" § 4. Tasks of the Fund are

1.

the performance of grants for the contributions to compulsory insurance to be provided by the artists according to § 2 (1) (4) and § 273 (6) of the Industrial Social Security Act-GSVG, BGBl. No 560/1978, § 8 (1) (3) (lit). a and § 572 (4) in conjunction with Section 581 (1a) of the General Social Security Act-ASVG, BGBl. No 189/1955;

2.

the receipt of the notification of fame and the resumption of self-employed artistic activity in accordance with § 22a;

3.

the granting of aid to artists according to § 25c;

4.

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

7. § 8 (1), 2, 5 and 6, § 8 (1), 2, 5 to 7, § 10 (1) and (2), § 11 (3) and (4), § 12 (2), § 15 (1), 3 to 5, § 18 (2), § 26 (2) and § 31. in the respective grammatical form, the term " "Federal Minister for Education, Art and Culture" by the name "Federal Chancellor" in the correct grammatical form in each case. Section 15 (4) shall not include the name "your/" .

8. In Section 11 (3), the phrase "the Federal Ministry of Education, Arts and Culture" through the phrase "the Federal Chancellor ' s Office" replaced.

9. In Section 13 (1), the word in Z 5 shall be: "and" by a dash and in Z 6 the point by the word "and" , the following Z 7 shall be added:

" 7.

Information on concerns and maintenance obligations, assets and expenses. "

10. In § 14 (3), after the word "Contribution grants" the phrase "and other benefits of the Fund under this Federal Act" inserted.

11. In Section 15 (3), in Z 4, the point is replaced by a line-point and the following Z 5 is added:

" 5.

approval of the guidelines for granting aid to artists in special emergencies in accordance with Section 25b. "

12. In the name of the 3. Section will be the word " Benefits " by the word " Contribution grants " replaced.

13. The heading to § 16 reads as follows:

"Subsidies for contributions to statutory social security"

14. In Section 17 (1), in Z 2, after the word "income" the phrase "or revenue" inserted, in Z 3 the quote "Z 2" by quoting "§ 2 para. 1" and in Z 4 the word "Sixty-fold" by the word "65-fold" replaced.

15. In § 17 (3), the word "ability" by the word "Activities" replaced.

16. In § 17 (4), after the word "Wegfall" the citation "pursuant to section 19 (3)" inserted.

17. In Article 17 (5), the introduction of the word shall be made in accordance with the word "Minimum income" the phrase "or minimum income" and in Z 2 the point shall be replaced by a stroke; the following Z 3 shall be added:

" 3.

Income from independent artistic secondary activities (e.g. (b) preparatory activities as well as activities which serve to carry on, disseminate or make available artistic work in the art sector, for which the right to a contribution grant has been determined in accordance with section 20 (1) of the claim for grant , up to half of the amount referred to in paragraph 1 (2). "

18. In § 17, paragraph 8 receives the sales designation "(9)" ; in accordance with paragraph 6, the following paragraphs 7 and 8 shall be inserted:

" (7) The condition referred to in paragraph 1 (2) shall also be fulfilled if, beginning with the calendar year for which the grant was first due, the minimum income (minimum income) has been reached on average for three consecutive calendar years. At the end of such a three-year period, the new three-year period shall begin with the next calendar year in which the grant is due to be paid.

(8) In the first five calendar years in which the minimum income (minimum income) referred to in paragraph 1 (1) (2), in conjunction with paragraphs 5 and 7, has not been reached, the minimum income (minimum income) requirements shall not be met. "

19. In § 18, paragraph 1 shall be the amount "1 026 Euro" by the amount "1 722 Euro" in paragraph 4, the word order shall not be replaced by "on the basis of his/her activities pursuant to § 2 (1)"

20. § 19 (3) reads:

" (3) The right to a contribution grant shall be deleted:

1.

the reason for the fact that the conditions of eligibility have been dropped in accordance with Article 17 (1) (3), or if the independent artistic activity is terminated;

2.

otherwise only for those periods in which the minimum income (minimum income) has not been reached in accordance with Article 17 (1) (2) (2) or the upper limit of the income (Section 17 (1) (4)) has been exceeded. "

21. 21 (5) reads as follows:

" (5) The upper limit of the income (Section 17 (1) (4) in conjunction with paragraph 6) or the lower limit of the income or income from artistic activity (Section 17 (1) (2) in conjunction with paragraphs 5, 7 and 9) was in each case in five calendar years, for which the Grant has been granted, exceeded, or , the grant shall, after the following calendar year, be received only after the date of proof of the income or, respectively, the date of the arrival of the Revenue from artistic activity (lower limit) or the total income (upper limit) in retrospect for the calendar year in question. The calendar years pursuant to § 17 (8) shall be included. "

22. In § 22, paragraph 2 shall be taken after the word "Income" the phrase "and revenue" and in paragraph 4 after the word "Contribution grant" the citation "pursuant to section 19 (3)" , in paragraph 5, the citation shall be deleted "in accordance with paragraph 4" .

23. § 23 (1) reads:

" § 23. (1) Contribution grants made to the social security institution beyond the eligibility of the fund or for periods following the abolition of the claim by the fund shall be paid by the person concerned to the Fund within one month of the request. to repay. The same shall apply to provisional contribution grants made on the basis of the provisional contribution basis in accordance with Art. 25a GSVG. If the right to a contribution grant is granted, since the upper limit of the income (Section 17 (1) Z 4 in conjunction with paragraph 6) is exceeded or the lower limit of the income or income (§ 17 para. 1 Z 2 in conjunction with para. 5, 7 and 9) is below , the repayment obligation shall only be the amount of the amount in which the upper limit has been exceeded or below the lower limit. The fund shall determine the repayment obligation for each calendar year. "

24. § 23 (4) reads:

" (4) The Fund may, at the request of the person concerned, waive the recovery in whole or in part if the recovery of the claim for the persons concerned is subject to the situation of the case, in particular taking account of the situation of the person concerned. economic conditions, would be uncheap. If the repayment obligation exists due to the non-reaching of the lower limit of the income or income from artistic activity (Section 17 (1) Z 2 in conjunction with paragraphs 5, 7 and 9), it must also be taken into consideration whether the relevant Calendar year the artist has not been able to perform the artistic activity over a longer period of time for reasons which she/she has not been responsible for. The existence of the conditions for a waiver must be proven by the artist. "

25. § 23 (7) reads:

" (7) The claim of repayment shall be statute-barred within five years from the date of its adoption by the Fund. The limitation period shall be inhibited as long as proceedings are pending before the Federal Administrative Court or the Courts of the Public Right on the existence of the repayment obligation. "

26. " Section 4 " is given the name " Section 5 " ; in accordance with § 25, the following 4. Section inserted:

" 4. Section
Aid to artists/artists

Purpose of the aid

§ 25a. The Fund may, on request, grant non-refundable aid to artists who have their main residence in Austria in particular emergency situations which are particularly worthy of consideration for the following purposes:

1.

to cover the necessary livelihood in the event of a loss of income due to serious or prolonged illness or other unforeseeable events;

2.

Replacement of costs for urgent purchases or repairs due to an exceptional event;

3.

to cover increased expenses in case of illness (e.g. Diabetes);

4.

for medical necessary stays in cure, recovery or recovery homes.

Guidelines for the granting of aid

§ 25b. As a basis for the granting of aid, the Managing Director of the Fund has to draw up guidelines which are to be approved by the Federal Chancellor and made public in a suitable manner. In particular, the Directives shall contain provisions on:

1.

the subject of the aid;

2.

Eligible costs;

3.

personal and factual conditions for the granting of aid;

4.

the extent and nature of the aid;

5.

Procedure for granting aid

a.

Search (type, content, equipment of the documents, seizures),

b.

Payout mode,

c.

reporting (control rights), settlement, final inspection,

d.

the suspension and recovery of the aid;

6.

Contractual modalities.

Granting of aid

§ 25c. (1) The grant of the aid shall be granted by the Fund in accordance with the Directives and existing funds. There is no legal claim on the granting of aid. The Fund may, at any time, review the use of the aid granted for the purpose and request information on the use of aid.

(2) The aid granted may not be provided by either the assignment, the instruction or the pledge or any other means.

(3) In a calendar year, a total amount of aid of up to EUR 500 000 may be granted if this does not endanger the granting of contribution grants.

(4) The Managing Director of the Fund shall report to the Board of Trustees at the request of the Board of Trustees, at least with the presentation of the annual accounts for decision-making, on the granting of the aid.

Council for the granting of aid

§ 25d. (1) In order to provide advice on the granting of aid, the Fund shall set up an Advisory Council consisting of four members. One member is appointed by the Federal Chancellor, a member of the Managing Director of the Fund and a member of the Cultural Council of Austria. The fourth member shall be sent in alphabetical order from each representative representative representative of the artists in accordance with Section 11 (4) of the Advisory Board. The Managing Director of the Fund shall, in good time before the meeting, request the artist representation to be sent to the series for the posting of the Member. If the requested artists ' representation does not make use of the law on the posting of workers, the Advisory Council shall also be assembled without this member during the relevant meeting.

(2) The Chairmanship of the Advisory Board shall be the responsibility of the member appointed by the Managing Director of the Fund. § 7 (3) and (4) shall apply to the members of the Advisory Board appointed by the Federal Chancellor, the Fund and the Austrian Cultural Council. For the meetings of the Advisory Board, § 11 (7) and (8) shall apply with the proviso that the Chairman of the Advisory Board shall have the right to vote and, in the event of a tie, shall be the decisive factor.

The Advisory Board shall, in the course of its activities, determine whether and to what extent the conditions for granting the aid are met. "

27. The following paragraph 8 is added to § 30:

" (8) § 17 in the version of the Federal Law BGBl. I n ° 15/2015 will be 1. January 2014 in force and valid for the calendar years from 2014. By way of derogation, Section 17 (8) shall apply in this version for periods prior to the 1. January 2014, in which the minimum income pursuant to § 17 (1) (2) (2) is not reached in the version as at December 31, 2013, and the grants received were not yet repaid to the Fund, with Section 23 (4) (2) (2) as amended on 31 December 2013. to these cases. These periods and the periods for which the Fund has waived the grant of the grant on the grounds of non-payment of the minimum income shall be charged to the five calendar years in accordance with Article 17 (8). "

Article 2

Art Promotion Law 1981

The 1981 Art Promotion Law Act, BGBl. No 573/1981, as last amended by the Federal Law, Federal Law Gazette (BGBl). I N ° 92/2013, and the Federal Ministries Act of 2014, BGBl. I n ° 11 /2014, shall be amended as follows:

1. In § 1 (3), § 2 (1) to (3), § 3 (1), § 5 (1) (1) (1), the term "grammatical form" shall be used to describe: "Federal Minister for Education, Art and Culture" by the name "Federal Chancellor" in the correct grammatical form in each case.

2. In Section 6 (6), the date shall be: "31 December 2017" by the date "31 December 2020" replaced. The last sentence is replaced by the following sentence:

"An evaluation of the impact of the change and the expenditure structure of the Artists Social Insurance Fund shall be carried out by 31 December 2017."

Fischer

Faymann