Social Security Adjustment Act Svag

Original Language Title: Sozialversicherungs-Anpassungsgesetz – SVAG

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2. Federal Act amending the General Social Security Act, the Industrial Social Security Act, the Farmers-Social Insurance Act, the General Pension Act and the Official Health and Accident Insurance Act (Social Security Adjustment Act-SVAG)

The National Council has decided:

table of contents

Item

Subject matter

1

Amendment of the General Social Security Act (84). Novelle to the ASVG)

2

Amendment of the Industrial Social Insurance Act (43. Novelle to GSVG)

3

Amendment of the Farmers ' Social Security Act (43). Novelle to the BSVG)

4

Amendment of the General Pensions Act (12). Novelle to the APG)

5

Amendment of the Staff Regulations-Health and Accident Insurance Act

Article 1

Amendment of the General Social Security Act (84). Novelle to the ASVG)

The General Social Security Act-ASVG, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I No 82/2014, shall be amended as follows:

1. § 18a (1), first sentence reads:

" Persons who have a disabled child, for the increased family allowance within the meaning of Section 8 (4) of the Family Law Balancing Act 1967, BGBl. No 376, under the predominant use of their labour force in the home environment, may, as long as they have their domials domially during that period, be allowed to take place until the end of the 40th period. Life year of the child, in the pension insurance self-assurance. "

2. § 18a (2) (1) (1) is repealed.

Article 18a (3) Introduction reads as follows:

"In any case, a major stress on the working force referred to in paragraph 1 shall be accepted if and as long as the disabled child"

4. § 26 para. 1 Z 3 lit. b and c is:

" (b)

for recipients of a pension from a pension insurance scheme and for recipients of rehabilitation benefits, unless the pension or the rehabilitation allowance is paid by the Insurance Institution for Railways and Mining, namely the Occupational health insurance scheme which was responsible for health insurance in the last employment before the retirement of the pension or rehabilitation allowance, but if the pension-related person is at the time of the retirement of the pension claim was self-insured, subject to the condition that it self-insurance with the occupational health insurance company;

c)

for persons with a pension from the pension insurance of the employees as well as for recipients of rehabilitation money, if the health insurance fund for the health insurance in the last employment before the retirement of the pension or pension Or would have been or would be responsible for rehabilitative action; "

5. § 26 para. 1 Z 4 lit. f and g is:

" f)

for recipients of a pension from a pension insurance pursuant to this federal law as well as for recipients of rehabilitation money, if the pension or the rehabilitation allowance is paid by the insurance institution for railways and mining , and for recipients of an ongoing cash benefit from the supplementary pension insurance in the case of one of the institutions referred to in § 479;

g)

for persons receiving a pension from the pension insurance of the employees as well as for recipients of rehabilitation money, if the insurance institution for railways and mining for health insurance in the last employment before the The result of the pension or rehabilitation agreement was or would have been the result of the pension; "

(6) In § 36 (1) (a) (13a), the word "Health insurance institutions" by the word "Pension insurance institutions" replaced.

Section 40 (1) Z 1 reads as follows:

" 1.

on sick-or weeks-or rehabilitation-money, "

8. The following paragraph 3 is added to § 40:

"(3) More detailed rules concerning the notifications pursuant to Section 1 (1) (1) shall be made by means of the sickness order."

9. § 44 para. 6 lit. a is after the expression "Z 8" the word "and" inserted.

9a. In § 49 (6), first sentence, the expression "insurance institutions and the administrative authorities" by the expression "Insurance institutions, the administrative authorities, the Federal Administrative Court and the Regional Administrative Courts" replaced.

9b. The second sentence of § 68a (1) shall be followed by the word "compulsory insurance" the expression " or the level of contribution bases " inserted.

10. § 76b (4) is repealed.

Article 76b (5a) reads as follows:

" (5a) Monthly contribution basis for the self-insured persons according to § 18a and in accordance with § 18b is the amount according to § 44 (1) Z 18. If periods of such self-insurance overlap with other periods of contribution under this or another federal law, the basis of contribution for the self-insured persons according to § 18a and to § 18b shall be determined in such a way that they are accompanied by the other contribution basis does not exceed the respective monthly maximum contribution basis (Section 70 (1) of the last sentence). "

Article 77 (7) reads as follows:

" (7) For the self-insured persons referred to in Article 16 (2a), the contributions shall be borne by the compensatory fund for family allowances in their entirety. For the self-insured persons according to § 18a, contributions to two-thirds are to be borne by means of the compensation fund for family allowances and one-third of funds from the Federal Government. "

13. In § 86 (3) (2), third sentence, after the word "Task" the expression "or Carenzing" inserted.

14. The following paragraph 6 is added to § 86:

" (6) By way of derogation from Section 3 (2), the rehabilitation money shall be withdrawn pursuant to § 99 (3) (1) (1) (1) (1) (1) lit. b sublit. (dd) the benefits from the insurance case of reduced employability without further application, whereby the date of the withdrawal is the following day in the sense of section 223 (2) of the effectiveness of the withdrawal and the waiting period (§ 236) is deemed to be fulfilled. "

14a. § 89 (1) Z 3 reads:

" 3.

in sickness and accident insurance in respect of cash benefits-with the exception of pension pensions (§ § 203 to 205a, 207 and 210) and survivors ' pensions (§ § 215 to 220)-as long as the person entitled to a claim is abroad. "

14b. In § 89 (2) the term " "or the stay abroad in a calendar year does not exceed two months".

15. In § 99, the following paragraph 1 is inserted after paragraph 1:

"(1a) The rehabilitation allowance shall be withdrawn from the person entitled to the benefit if, having regard to this legal order, she refuses to take part in the medical measures of rehabilitation which it can reasonably be expected to take."

16. § 99 (3) Z 1 lit. b is:

" (b)

if, in the case of the recovery of the rehabilitation allowance, the assessment (§ 307g) or the assessment body of the Insurance Institution for Railways and Mining is determined by using the Centre of Competence Evaluation (§ 307g), that:

aa)

temporary invalidity (occupational invalidity) no longer exists, or

bb)

the person to be rehabilitated refuses to take part in medical measures of rehabilitation, or

cc)

vocational measures of rehabilitation (related to the occupational field in accordance with section 222 (3)) are appropriate and reasonable, or

dd)

invalidity (occupational incapacity) is likely to be permanent; "

17. In § 103 (1), the point at the end of the Z 4 is replaced by a line-point; the following Z 5 is added:

" 5.

services provided by insurance institutions which have been wrongly paid for the same period by the legal basis of the newly accrued performance. "

18. In § 104 (1), the following sentence shall be inserted after the second sentence:

"It can also determine that the rehabilitation allowance is to be paid monthly in the aftermath of the first of the following month."

19. § 108e (9) Z 1 and 2 reads:

" 1.

Calculation of the indicative value in accordance with § 108f (2), the utilisation number in accordance with § 108 (2), the maximum contribution basis in accordance with § 108 (3) and the recovery factors according to § 108 (4) for the following calendar year up to the 31. October of each year, for the first time in 2016;

2.

Repayment of an expert opinion on the probable provision of statutory pension insurance for the following five years, at the latest by 30 November of each year; "

20. In § 108e (9) Z 3, the term " " 31. October " by the expression "30 November" replaced.

21. § 143a (1) first sentence reads:

" Persons for whom, on request, it was found to be modest, that the eligibility requirements according to § 255b (§ 273b, § 280b) are fulfilled, are entitled to the temporary invalidity (occupational invalidity) for the duration of the period of validity of the application. Rehabilitationsgeld. "

22. § 143a (1) last sentence reads:

"The determination as to whether the right to rehabilitation money exists (§ 255b, § 273b, § 280b), as well as its withdrawal (§ 99) shall be made by the decision of the pension insurance institution."

23. In § 143a (2), first sentence, the expression "from the last gainful activity" by the expression "from the last insurance according to this Federal Act or in accordance with the B-KUVG-based employment" and the expression "whereby immediately preceding periods of sick pay" by the expression "the days determined in accordance with section 141 (2) shall be deemed to have occurred in the case of immediately preceding periods of entitlement to the health of the sick person" replaced.

Section 143a (3) and (4) shall be replaced by the following paragraphs 3 to 5:

" (3) Trifft of the right to rehabilitation money together with a claim for payment of compensation from a gainful employment for the assessment of the rehabilitation money is to be applied mutagenic to § 143 (1) (3). If the right to rehabilitation money meets with a claim to sickness benefit from a gainful employment for the assessment of the rehabilitation money, the claim is based on sickness benefit. Periods for which the entitlement to sickness benefit is based on the rehab allowance shall not be counted towards the maximum period in accordance with § 139.

(4) The right to rehabilitation money with a right to a earned income exceeding the amount in accordance with § 5 paragraph 2 Z 2, together, shall be entitled to a partial rehabilitation allowance, the amount of which shall be determined in accordance with § 254 (7). The first and second sentence of the first and second sentences shall not apply if the result of this activity is the right to pay for payment or sickness benefit.

(5) In the event that the person to be rehabilitated is delayed or delayed by the procedures or measures provided for in the context of case management, in that it does not comply with its cooperation obligations repeatedly, the health insurance institution may have the right to: that the rehabilitation allowance shall be fully or partially resting on a permanent basis or for a certain period of time if the insured person has previously been informed of the consequences of their conduct in writing. "

25. In § 222 (3), first sentence, after the expression "Rehabilitation (§ 301)" the expression "including the determination of the occupational field" inserted.

26. § 248a second sentence reads:

" This does not apply if:

1.

they are replacement months according to § 227a or § 228a, or

2.

by taking into account the fundamentals of these contributions to voluntary insurance in the determination of the partial credit according to § 12 para. 1 APG, the 420fold of the daily maximum contribution basis in the respective calendar year is not exceeded. "

26a. In § 248c (2), first sentence, the expression "the insured person (s)" by the expression "the insured person and their service provider" replaced.

27. In § 254 (1) (2), after the word "Rehabilitation" the expression "referred to the occupational field in accordance with § 222 (3)" inserted.

28. § 255 (2) last sentence reads:

" Lie between the end of the training (para. 2a) and the reference date for more than 15 years, the framework period referred to in the second sentence shall be extended by insurance months in accordance with Article 8 (1) (2) (a), (d), (d), (e) and (g), for months of payment of transitional allowance pursuant to section 306, and for a maximum of 60 months of the period of validity of the transitional allowance. Cover of rehabilitation money according to § 143a and of retraining allowance according to § 39b of the AlVG. "

29. In Section 255 (4), the following Z 1a is inserted after Z 1:

" 1a.

Months of payment of the rehabilitation allowance according to § 143a or of the retraining allowance according to § 39b of the AlVG, the period referred to shall be extended by a maximum of 60 of these months; "

30. In § 255a of the second sentence, the expression shall be: "Z 4" by the expression "Z 4a" replaced.

31. In accordance with § 255a, the following § 255b and title shall be inserted:

" Determination of the claim for rehabilitation benefit

§ 255b. The insured person shall be entitled to a rehabilitation allowance if temporary invalidity is expected to be at least six months and the conditions laid down in § 254 (1) Z 2 to 4 are met. The pension insurance institution has to decide on the existence of these conditions on the basis of an application in accordance with § 361 (1) last sentence with a separate determination of the determination. "

32. In § 271 (1) Z 2, after the word "Rehabilitation" the expression "referred to the occupational field in accordance with § 222 (3)" inserted.

33. In § 273a of the second sentence, the expression shall be: "Z 4" by the expression "Z 4a" replaced.

34. In accordance with § 273a, the following § 273b together with the heading is inserted:

" Determination of the claim for rehabilitation benefit

§ 273b. The insured person is entitled to a rehabilitation allowance if temporary incapacity is expected to be in the amount of at least six months and the conditions laid down in § 271 (1) Z 2 to 4 are met. The pension insurance institution has to decide on the existence of these conditions on the basis of an application in accordance with § 361 (1) last sentence with a separate determination of the determination. "

35. In § 279 (1) (2), after the word "Rehabilitation" the expression "referred to the occupational field in accordance with § 222 (3)" inserted.

36. In § 280a, second sentence, the expression shall be "Z 4" by the expression "Z 4a" replaced.

37. According to § 280a, the following § 280b with headline is inserted:

" Determination of the claim for rehabilitation benefit

§ 280b. The insured person shall be entitled to a rehabilitation allowance if temporary invalidity is expected to be at least six months and the conditions laid down in § 279 (1) Z 2 to 4 are met. The pension insurance institution has to decide on the existence of these conditions on the basis of an application in accordance with § 361 (1) last sentence with a separate determination of the determination. "

38. In § 324 (4), after the expression "Pensions (pensions)" each expression "or a person with a claim to rehabilitation money" inserted.

39. In § 332, the following paragraph 1 is inserted after paragraph 1:

"(1a) In the case of the performance of rehabilitation money, the person responsible for the benefit-related person shall be considered to be the benefits insurance institution of the pension insurance scheme."

39a. § 347b para. 1 last sentence reads:

"The composition of the lay judges in the Senate has to depict the parity of nomination according to para. 2."

39b. § 347b para. 2 first and second sentences are replaced by the following sentences:

" The competent lay judges/lay judges are appointed by the Federal Chancellor on a proposal from the Austrian Medical Association and the main association. In their proposals, the Austrian Medical Association and the Hauptverband have in each case named physicians and experts with specific knowledge of the health and social security system. For the expert lay judges/amateur judges, deputits are to be ordered in the same number and in the same way. "

40. In § 348d para. 3 penultimate sentence, the word "his" by the expression "seine/her" replaced.

40a. § 351i para. 1 last sentence reads:

"The composition of the lay judges in the Senate has to depict the parity of nomination according to para. 2."

40b. In § 351i para. 2, first sentence, the word "four" .

40c. § 351i (2) last sentence is replaced by the following sentences:

" The Federal Chamber of Labour and the Austrian Chamber of Commerce each have in their proposals specialists in pharmacology and toxicology or specialist physicians with the Additivfach Clinical Pharmacology as well as To make health economists/health economists reputable. For the expert lay judges/amateur judges, deputits are to be ordered in the same number and in the same way. "

41. In § 354 the following Z 4a is inserted after Z 4:

" 4a.

the determination of the invalidity (§ § 255a, 280a) or the invalidity of the profession (§ 273a), "

42. § 354 Z 5 reads:

" 5.

the statement of the account first credit as well as a supplementary credit note or a supplementary credit (§ 15 APG). "

43. § 361 (1) second sentence reads:

" A request for a pension from the insurance cases of reduced employability shall be considered as a priority application for the benefit of medical measures of rehabilitation and rehabilitation benefit, as well as to the determination of whether professional measures of the Rehabilitation is appropriate and reasonable, including the determination of the occupational field. "

44. The following paragraph 5 is added to § 361:

"(5) In the cases of Article 86 (6), the performance determination procedure shall be initiated by way of derogation from the first paragraph of this Article."

45. § 362 (4) (1) (1) reads:

" 1.

the pension insurance institution shall establish, in the case of persons with a right to rehabilitation benefit, that:

a)

vocational measures of rehabilitation are appropriate and reasonable, or

b)

The feasibility of medical measures of rehabilitation is not or no longer exists, or "

46. The following sentence is added to § 366 (4):

" If, due to a lack of participation of the applicant, the findings of Article 367 (4) (3) are not met, the application for a pension from the insurance cases of reduced employability shall be deemed to have been made as a request for determination. the invalidity according to § 255a (§ 280a) or the incapacity for occupational invalidity in accordance with § 273a. "

47. In § 367 para. 4, the expression is expressed "permanent invalidity" (occupational incapacity) by the expression "permanent invalidity (§ 254) or permanent incapacity for work (§ 271)" replaces and does not include the expression "or in accordance with § 255a (§ 273a, § 280a), the invalidity (occupational disability) is not likely to be permanently available," .

48. In § 367 (4), the point at the end of Z 3 shall be replaced by a line-point; the following Z 4 shall be added:

" 4.

whether or not the right to rehabilitation money (§ 255b, § 273b, § 280b) exists. "

49. The following sentences are added to § 367 (4):

" The invalidity (occupational incapacity) is not likely to be permanently available to the insurance institution of its own due to the findings listed in Z 1 and 2, if according to § 255a (§ 273a, § 280a) it is found that the invalidity (occupational disability) is not permanently available. If you are entitled to a rehabilitation allowance, the findings after Z 3 can also only be used in the decision to depart the rehabilitation money (§ 99 Abs. 3 Z 1 lit. (b) "

49a. The following paragraph 4 is added to § 414:

" (4) Barauslagen in accordance with § 76 AVG, which in the proceedings before the Federal Administrative Court is raised against the proceedings of the insurance institutions, are not to be paid by the complainating person, if the following matters are concerned:

1.

Self-insurance pursuant to § § 18a and 18b or

2.

Night hard work according to the NSchG. "

50. In § 459h (2), the following sentence shall be inserted after the first sentence:

" Reports prepared are to be transmitted to the labour market service even if the pension application is withdrawn in the performance assessment procedure after the medical assessment and prior to the release of the date of the decision or a determination according to § 367 4 (3) in the absence of participation of the insured person cannot be taken. "

51. In § 459i para. 1, the entrance shall be made after the word "Health insurance institutions" the expression " or of the competent sickness insurance institution (§ 143c para. 1) " inserted.

52. In § 459i (1) (1) (1), after the word "Health insurance institutions" the parenthesis expression "(from the sickness insurance institution)" inserted.

53. In § 459i (2), after the word "Health insurance institutions" the expression " or the health care facilities " inserted.

54. In § 459i (3) and (4), after the word "Health insurance institutions" each of the brackets "(the sickness insurance institution)" inserted.

55. In § 459i (5), after the word "Health insurance" the expression " or of health care " inserted.

56. In § 545, the Federal Act of BGBl shall be granted. Paragraph 9, attached to paragraph 9, the sales designation "(10)" .

57. In § 669 (5) the expression " the one on the 1. Jänner 2014 the 50. Have already completed their life year " by the expression " the 50. Year of age already before 1. January 2014 completed " replaced.

58. The headline for § 675 is the parenthesis " (82. Novelle) " .

58a. In the headline to § 687 the word " Final provisions " by the word " Final destination " replaced.

59. In accordance with § 687, the following § 688 shall be added together with the heading:

" Final provisions on Art. 1 of the Federal Law BGBl. I N ° 2/2015 (84. Novelle)

§ 688. (1) The version of the Federal Law BGBl. I N ° 2/2015 in force:

1.

with 1. § 18a (1) and (3), 68a (1), 76b (5) 5a, 77 (7), 86 (3) Z 2, 89 (1) Z 3 and (2), 108e (9) (1) to (3), 143a (1) to (5), 248c (2), 324 (4) and 414 (4);

2.

Retroactive with 1. January 2014 § § 26 (1) Z 3 and 4, 36 (1) Z 13a, 40 (3), 44 (6) (a), 49 (6), 86 (6), 99 (1a) and 3 (Z) 1 lit. b, 103 (1) Z 4 and 5, 104 (1), 222 (3), 248a, 254 (1) Z 2, 255 (2) and 4 (Z) 1a, 255a, 255b together with Title, 271 para. 1 Z 2, 273a, 273b including heading, 279 para. 1 Z 2, 280a, 280b including heading, 332 para. 1a, 348d para. 3, 354 Z 4a and 5, 361 para. 1 and 5, 362 para. 4 Z 1, 366 para. 4, 367 para. 4, 459h para. 2, 459i para. 1 to 5 and 545, as well as the Heading to § 675.

(2) § § 18a (2) Z 1 and 76b (4) shall expire on the expiry of 31 December 2014.

(3) By way of derogation from Section 76b (5a) in the version of the Federal Law BGBl (Federal Law Gazette). I N ° 2/2015 is the monthly contribution basis for self-insured persons in accordance with § 18a

1.

in the calendar year 2015

1 214 €;

2.

in the calendar year 2016

1 323 €;

3.

in the calendar year 2017

1 432 €;

4.

in the calendar year 2018

1 541 €.

(4) By way of derogation from Section 77 (7), as amended by the Federal Law BGBl. I n ° 2/2015 are the contributions for the self-insured persons according to § 18a:

1.

in the calendar year 2015, 91% of the compensation fund for family allowances and 9% of the federal government;

2.

in the calendar year 2016 to 83.5% of the compensation fund for family allowances and 16.5% from the federal government;

3.

in the calendar year 2017, 77% of the compensation fund for family allowances and 23% of the federal government;

4.

in the calendar year 2018, 72% of the compensation fund for family allowances and 28% of the federal government.

(5) The main body has the expenses incurred by the amendments to the provisions on self-insurance in pension insurance for periods of care for a disabled child (§ 18a (1) to (3), 76b (5a) and 77 (7)) Federal Law BGBl. I n ° 2/2015) until 31 December 2016, to be evaluated by 31 March 2017. The data required for this purpose shall be transmitted to the main body by the competent authorities. The evaluation report shall be submitted to the Federal Ministry of Labour, Social Affairs and Consumer Protection. "

Article 2

Amendment of the Industrial Social Insurance Act (43. Novelle to GSVG)

The Industrial Social Security Act-GSVG, BGBl. No 560/1978, as last amended by the Federal Law BGBl. I n ° 56/2014, shall be amended as follows:

1. § 25a, para. 5 reads:

" (5) The provisional basis of contribution shall be amended at the request of the insured person (suspension or suspension) if it proves that the income in the current calendar year is substantially higher than the income in the third preceding calendar year. differ. A reduction shall be permitted only as far as justified in accordance with the economic circumstances of the insured person. The reduced contribution basis may not be less than the minimum contribution basis to be applied in accordance with section 25 (4) and (4a), the suspended basis of contributions may not exceed the maximum contribution basis in accordance with § 48. The application for a change of the provisional contribution basis may be made until the end of the respective contribution year. A new application shall be admissible if the assessment of the amount of the income changes. "

1a. In § 35, the following subsection (5b) is inserted:

"(5b) On request, the insured person may deposit the contributions required by the insurance institution in a monthly part-order in a calendar quarter."

1b. § 44 (4) reads:

" (4) The funds of the Support Fund may be used in particular cases which take account, in particular, of the family, income and financial circumstances of the person to be assisted.

1.

for support in accordance with the directives to be adopted by the Management Board;

2.

for bridging assistance in the form of grants for the contributions to the pension and health insurance in accordance with the guidelines to be issued by the Management Board for their effectiveness of the approval by the Federal Minister for Labour, Social Affairs and consumer protection in agreement with the Federal Minister for Health. "

1c. § 58 (1) (3) and (3) shall be repealed; the reticle at the end of paragraph 1 Z 2 shall be replaced by a period.

1d. In § 58 (2) the term " "or the stay abroad in a calendar year does not exceed two months" .

1e. § 133 (3) last sentence reads:

" Fall in the period of the last 180 calendar months before the deadline

1.

neutral months according to § 121 Z 6 lit. a or months of the payment of transitional allowance pursuant to § 164, the period referred to shall be extended by those months;

2.

Months of payment of the rehabilitation allowance according to § 143a of the ASVG or the retraining allowance in accordance with § 39b of the AlVG, the period referred to shall be extended by a maximum of 60 of these months; "

2. § 142 second sentence reads:

" This does not apply if:

1.

they are replacement months according to § 116a or § 116b, or

2.

by taking into account the fundamentals of these contributions to voluntary insurance in the determination of the partial credit according to § 12 para. 1 APG, the 420fold of the daily maximum contribution basis in the respective calendar year is not exceeded. "

2a. In § 143 (2), first sentence, the expression "the insured person (s)" by the expression "the insured person and their service provider" replaced.

3. § 194 Z 2 shall be initiated as follows:

"§ § 361, 362 (1), (2) and (4), 366 and 367 ASVG shall continue to be applied in the version in force on 31 December 2013, in which case"

4. In accordance with § 355, the following § 356 shall be added together with the heading:

" Final provisions on Art. 2 of the Federal Law BGBl. I N ° 2/2015 (43. Novelle)

§ 356. (1) The version of the Federal Law BGBl. I N ° 2/2015 in force:

1.

with 1. January 2015, § § 44 (4) and (58) (2);

2.

with 1. Jänner 2016 § § 25a (5) and 35 (5b; 5b;

3.

Retroactive with 1. January 2014 § § 133 (3), (142) and (194) (2).

(2) There shall be no force:

1.

with expiry of 31 December 2014 § 58 (1) Z 3 and (3);

2.

with the expiry of 31 December 2017 § 44 paragraph 4 Z 2 in the version of the Federal Law BGBl. I No 2/2015.

(3) The funds of the bridging aid fund according to § 44a shall be transferred to the support fund according to § 44 until 31 December 2014, whereby, without prejudice to § 44 (2) and (3), 30% of these funds shall be covered by the sickness insurance fund and 70% of the funds. The area of pension insurance is to be supplied. The transferred funds may only be used for the purposes of the bridging aid in accordance with § 44 (4) (2) (2).

(4) Unfinished applications for benefits from the Bridging Auxiliary Fund according to § 44a shall apply with the end of the 31 December 2014 as applications for benefits from the Support Fund. "

Article 3

Amendment of the Farmers ' Social Security Act (43). Novelle to the BSVG)

The Farmers-Social Security Act-BSVG, BGBl. N ° 559/1978, as last amended by the Federal Law BGBl. I n ° 56/2014, shall be amended as follows:

1. § 2 (1) (2) (2) shall be used after the word "are" the parenthesis expression " (par. 7) " inserted.

2. In § 2 (1), the point at the end of Z 4 shall be replaced by a reticle; the following half-sentence shall be added:

"For the purposes of social security under this federal law, the relationship of the weakness of the law shall continue to exist even after the death of that person who established that relationship."

3. In § 2 paragraph 5 Z 1 lit. a and b shall be the expression "Z 2 or Z 3" in each case by the expression "Z 2, 3 or 4" replaced.

(4) The following paragraph 7 is added to § 2:

' (7) Whether employment is a main occupation depends on its economic and temporal scope; it is presumed to be the main occupation if it is:

1.

the denials of the substandard of life serve or

2.

longer than 20 hours per week, or

3.

More time is required than a further employment at the same time.

For the duration of a school or vocational training-with the exception of a country (forst) economic heimpraxis and home teaching-the main profession is in any case excluded. "

5. § 11 para. 1 Z 2 reads:

" 2.

with the consent of a self-employed person, according to Z 1 or § 3, who is an accident insured person, the persons working free of charge in their holding, if the person concerned is acting

a)

for their spouse or registered partner, their children, grandchildren, electors, parents, grandparents, electors, women's parents, grandparents or their siblings, or their siblings,

b)

for persons who are entitled to sickness insurance benefits in accordance with section 78 (2) (6) in conjunction with paragraph 10 or section 78 (6a) or (6b) or (7). "

6. In § 11, the following paragraph 1 is inserted after paragraph 1:

" (1a) The persons referred to in paragraph 1 (2) shall be treated as persons for the period of their life, if they lead them to:

1.

with the company manager or one of his/her children, or

2.

with another person insured in accordance with § 3 (1) (2) (2) accident insurance, with the exception of siblings, with the simultaneous domestic community with the company manager. "

7. § 23 (1) last sentence reads:

"If several of these contribution bases meet, their sum shall be determined, on the basis of the identity of the person responsible for the contribution, for the determination of the contribution basis of compulsory insurance (monthly contribution basis)."

8. § 23 (2), last sentence shall be deleted.

9. The following sentence is added to section 23 (9):

" According to Article 2 (1) (2) (2) (2) or (3), the person also has a contribution basis from one or more of the compulsory insurance pursuant to § 2 (1) (1) (1) or (1a). The maximum contribution basis for the employment relationship (§ 2 (1) (2) or (3)) as well as for the employment (s) pursuant to § 2 (1) (1) (1) or (1a) shall be taken separately in approach. "

10. The following sentences are added to § 23 (10):

" In the case of an insured person who has the option of a contribution base option in accordance with paragraph 1 (a), the higher of the minimum contribution basis in question shall be the decisive one. If compulsory insurance is compulsory for a month of contributions in accordance with § 2 (1) Z 1 or 1a and § 2 (1) Z 2 or 3, the minimum contribution basis for the compulsory insurance pursuant to § 2 (1) Z 1 or 1a and for the employment relationship according to § 2 (1) (2) or (3) (1) (1) or (3) 1 Z 2 or 3 separately in approach. "

(11) In § 33c, the point at the end of paragraph 1 shall be replaced by a supplement; the following half-sentence shall be added:

"provided that the insured person was obliged to pay contributions under this federal law."

12. In § 39a para. 1, first sentence, after the word "can" the expression "under the conditions laid down in paragraph 2" inserted.

13. In § 39a, para. 2 and 3 are given the names "(3)" and "(4)" .

(14) The following paragraph 2 is inserted before section 39a (3):

" (2) The following shall be excluded for periods of compulsory insurance as a child, grandchild, choice, Stief or father-in-law in a country or forestry or equivalent establishment (Section 27 (2) of the ASVG). if these periods coincide with periods of schooling or vocational training, which shall take place from 1 January 2008 onwards. Jänner in 1971 or later as replacement times. This shall not apply if the insured person proves that their personal cooperation is indispensable because of exceptional circumstances for maintaining the holding during the day-to-day operation of the company by the person subject to the law. was. "

14a. § 54 (1) Z 3 reads as follows:

" 3.

in the case of accident insurance in respect of cash benefits, with the exception of operating pensions (§ § 149d to 149f and 149l) and survivors ' pensions (§ § 149o to 149t), as long as the person entitled to claim benefits abroad. "

14b. In § 54 (2) the term " "or the stay abroad in a calendar year does not exceed two months."

14c. In § 54, paragraph 3, introduction, the expression "Pensions (pension) claims" by the expression "Performance testing" replaced.

15. § 124 (2) last sentence reads:

" Fall in the period of the last 180 calendar months before the deadline

1.

neutral months according to § 112 Z 4 lit. a or months of the payment of transitional allowance pursuant to § 156, the period referred to shall be extended by those months;

2.

Months of payment of the rehabilitation allowance according to § 143a of the ASVG or the retraining allowance in accordance with § 39b of the AlVG, the period referred to shall be extended by a maximum of 60 of these months; "

16. § 133 Second sentence reads:

" This does not apply if:

1.

they are replacement months according to § 107a or § 107b, or

2.

by taking into account the fundamentals of these contributions to voluntary insurance in the determination of the partial credit according to § 12 para. 1 APG, the 420fold of the daily maximum contribution basis in the respective calendar year is not exceeded. "

16a. In § 134 (2), first sentence, the expression "the insured person (s)" by the expression "the insured person and their service provider" replaced.

17. § 182 Z 3 is initiated as follows:

"§ § 361, 362 (1), (2) and (4), 366 and 367 ASVG shall continue to be applied in the version in force on 31 December 2013, in which case"

18. In accordance with § 347, the following § 348 shall be added together with the heading:

" Final provisions on Art. 3 of the Federal Law BGBl. I N ° 2/2015 (43. Novelle)

§ 348. (1) The version of the Federal Law BGBl. I N ° 2/2015 in force:

1.

with 1. January 2015, § § 2 para. 1 Z 2 and 4 as well as section 5 Z 1 lit. (a) and (b) and (7), (11) (1) (2) and (1a), 23 (1), (2), (9) and (10), 33c (1), 39a, 54 (1) (3), (2) and (3) and 134 (2)

2.

Retroactive with 1. January 2014 § § 124 para. 2, 133 and 182 Z 3.

(2) § 2 (7) in the version of the Federal Law BGBl. I No 2/2015 is not applicable

1.

on the calculation of replacement times in accordance with § 107 (1) (1) (1);

2.

in accordance with § 2 (1) (2) (2) (2), which already exists on 31 December 2014, as long as the relevant facts for these compulsory insurance are not changed. "

Article 4

Amendment of the General Pensions Act (12). Novelle to the APG)

The General Pension Act-APG, BGBl. I n ° 142/2004, as last amended by the Federal Law BGBl. I n ° 138/2013, shall be amended as follows:

1. In § 5 (4), first sentence, after the word "Value" the expression "at the earliest from the existence of the minimum insurance period" inserted.

2. In § 6 (1) the term " "by way of derogation from § 5 (3)" .

(3) In § 16 (4a), first half-sentence, after the expression "§ 15 (4) (1) and (2)" the expression "in the version in force on 31 December 2013" inserted.

(4) The following paragraph 6 is added to § 25:

" (6) In the event of the use of an early retirement pension according to the provisions of subsection 3 to 5, the following shall be:

1.

to apply exclusively § 9 (1) for the removal;

2.

for the increase after the completion of the rule-pensive age only § 9 para. 2 applies, namely in such a way that the performance

a)

for each month in which an early retirement pension referred to in paragraph 3 or 4 has been omitted, to be increased by 0.55%;

b)

for each month in which the early retirement pension referred to in paragraph 5 has been omitted, to be increased by 0,312%. "

5. § 26 (2) and (3) are:

" (2) If, on December 31, 2013, there is a claim to a pension benefit arising from an insurance case of reduced work capacity or from the insurance case of invalidity, the account first credit shall be determined in accordance with § 15.

(3) If entitlement to a pension benefit in accordance with paragraph 2 arises after the end of the right to benefits (again) of the insurance case of reduced work capacity or incapacity for work or of the insurance case of the age, the extent of the pension new pension performance shall not fall due to the extent of the pension performance that is due on 31 December 2013 and multiplied by the product of the recovery figures (§ 108a ASVG) until the calendar year in which the new reference date falls. "

6. In Appendix 7, the first line is preceded by the following lines:

" 1955

20,681

1956

19,500

1957

18,461

1958

17,822

1959

1960

1961

1962

1963

1964

17,320

15,699

14,249

12,846

11,759

10,775 "

7. In accordance with § 27, the following § 28 shall be added together with the heading:

" Final provisions on Art. 4 of the Federal Law BGBl. I N ° 2/2015 (12. Novelle)

§ 28. (1) The version of the Federal Law BGBl. I N ° 2/2015 in force:

1.

with 1. Jänner 2015 § 5 (4);

2.

Retroactive with 1. January 2014 § § 6 (1), 16 (4a), 25 (6) and 26 (2) and (3) as well as the appendix 7.

(2) § 5 (4) in the version of the Federal Law BGBl. I No 2/2015 shall be applied only to persons who reach the standard retirement age after 31 December 2014. "

Article 5

Amendment of the Staff Regulations-Health and Accident Insurance Act

The Civil And Accident Insurance Act-B-KUVG, BGBl. No 200/1967, as last amended by the Federal Law BGBl. I No 32/2014, shall be amended as follows:

1. § 35 (1) last sentence reads:

"Cash benefits, with the exception of the earnings pension (§ § 101 to 106 and 108) and the survivor's pension (§ § 112 to 116), shall also rest as long as the person entitled to claim benefits abroad."

1a. § 85 with headline reads:

" Basis for the assessment of the medical condition and the rehabilitation gel

§ 85. By way of derogation from the provisions of the ASVG, the basis of assessment for the sickness benefit is in accordance with § § 138 et seq. ASVG and for the rehabilitation money according to § 143a ASVG, a thirtieth of the contribution basis increased by one sixth in the last month with full pay. In the event that such a month is not considered, the month of the entry of the insurance policy shall be decisive. "

2. § 239 in the version of the Federal Law BGBl. I No 28/2014 is given the name " Section 238 " .

3. In accordance with § 239, the following § 240 shall be added together with the heading:

" Final determination on Art. 5 of the Federal Law BGBl. I N ° 2/2015

§ 240. It is the version of the Federal Law BGBl. I N ° 2/2015 in force:

1.

with 1. Jänner 2015 § 35 para. 1;

2.

Retroactive with 25 April 2014 § 239;

3.

Retroactive with 1. Jänner 2014 § 85 with headline. "

Fischer

Faymann