Social Security Adjustment Act Svag

Original Language Title: Sozialversicherungs-Anpassungsgesetz – SVAG

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Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2015_I_2/BGBLA_2015_I_2.html

2. Federal law be changed with the General Social Insurance Act, the commercial law of social security, the farmers social insurance law, the general pension law and the officials sick and accident insurance law (social security adjustment Act SVAG)

The National Council has decided:

Table of contents



Article





Subject



 



1 change of the General Social Insurance Act (84. amendment to the ASVG) 2 change of the commercial law on social insurance (43. amendment of the GSVG) 3 amendment to the farmers Social Insurance Act (43. amendment to the BSVG) 4 amending the general pension law (12 short story to the APG) 5 amendment of the officials - sick and accident insurance Act article 1

Change of the General Social Insurance Act (84. amendment to the ASVG)

The General Social Insurance - ASVG, Federal Law Gazette No. 189/1955, as last amended by Federal Law Gazette I no. 82/2014, is amended as follows:

1 § 18a para 1 first sentence reads:

"People who care for a disabled child, for which increased family benefit within the meaning of § 8 para 4 of the equalisation Act 1967, BGBl. No. 376, is awarded, under overwhelming stress of their workforce in a home setting, can get as long as it during that period have their residence in the country, at the latest however up to the completion of the 40th year of life of the child, in the pension insurance self insure."

2. § 18a para 2 subpara 1 shall be repealed.

3. § 18a paragraph 3 introduction is:

"A vast load of the labour force in the sense of paragraph 1 assumed anyway, if and as long as the disabled child"

4. § 26 para 1 No. 3 lit. b and c is as follows:



"(b) for recipients of a pension from a pension insurance as well as for recipients of rehabilitation allowance, unless the Board or the rehabilitation allowance of the insurance institution for railroads and mining will be paid, and the company health insurance fund, which was responsible, but if the pension-related person in the time of arising of the pension entitlement was self insured for health insurance in the last employment before the advent of the pension or rehabilitation money claim , only under the condition that this auto insurance at the company health insurance fund has passed

(c) for recipients of a pension from the pension insurance of employees, as well as for recipients of rehabilitation money, if the company health insurance fund for health insurance in the last employment before the advent of the pension or rehabilitation money claim was responsible or would be;"

5. § 26 para 1 No. 4 lit. f and g is:



"f) for recipients of a pension from a pension insurance under this federal law, as well as for recipients of rehabilitation allowance, if the pension or rehabilitation money from the insurance company for railroads and mining will be paid, and for recipients of a current cash benefit from the additional pension insurance at one of the institutions referred to in § 479;

(g) for recipients of a pension from the pension insurance of employees, as well as for recipients of rehabilitation allowance, if the insurance company for railroads and mining for health insurance in the last employment before the advent of the pension or rehabilitation money claim was responsible or was;"

6 in § 36 para 1 No. 13a, the word "Sickness insurance institution" is replaced by the word "pension insurance institution".

7 section 40 para 1 subpara 1 is:



"1. on health or weeks - or rehabilitation allowance," 8. The following paragraph 3 is added to article 40:

"(3) by the medical order more detailed rules about the messages are referred to in paragraph 1 to meet no. 1."

9. in section 44, par. 6 lit. a will after the expression "Z 8" the word "and" is inserted.

9A. § 49 paragraph 6, first sentence, replaces the expression 'Insurance carriers and the administrative authorities' by the expression 'Insurance carriers, managing authorities, the Federal Administrative Court and the country administrative court'.

9B. In the article 68a para 1 second sentence is inserted after the word "Compulsory insurance" the expression "or amount of contribution bases".

10 § cancels 76 b para 4.

11 paragraph 76 b paragraph 5a:

"(5a) monthly contribution base for self insured persons pursuant to § § 18a and 18B is the amount according to article 44, paragraph 1 Z 18 overlapping so is times of a such auto insurance with other periods of contribution to this or any other federal law, section 18a and 18 so to set the contribution basis for the self insured b, that they along with the remaining contribution bases applicable monthly maximum contribution basis (article 70, paragraph 1 last sentence) does not exceed."

12 paragraph 77 paragraph 7:

(7) for which according to § 16 contributions to the full resources of the compensation fund for family allowances are self insured para 2a to carry. For the following § 18a of self insured contributions to two-thirds from the compensation fund for family benefits and one-third of federal funds are to wear."

13. in § 86 para 3 No. 2 third sentence is inserted after the word "Task" the expression "or Karen cation".

14 the following paragraph 6 is added to article the 86:

"(6) by way of derogation from paragraph 3 2 fall Z at an addiction of rehabilitation Money § 99 para 3 Z 1 lit. b sublit. dd the services from the insured event of reduced ability to work without further request position to date within the meaning of § 223 para 2 is the day following the effectiveness of the withdrawal and the waiting period (article 236) is considered to be fulfilled."

14A. Article 89, paragraph 1 Z 3 is as follows:



"3. in sickness and accident insurance with respect to the cash benefits - with the exception of disabled pensions (§§ 203 205a, 207 and 210) and survivor's pensions (paragraphs 215 to 220) - as long as the qualifying person abroad resides."

14B. The expression "or the alien in a calendar year exceeds not two months" is not required in § 89 paragraph 2.

15. in paragraph 99, after paragraph 1, the following paragraph 1a is inserted:

(1a) which is rehabilitation money to deprive the entitled person, if she refuses to note on this legal consequence to participate in the reasonable medical rehabilitation measures.

16 § 99 para 3 subpara 1 lit. b is as follows:



"(b) if in the case of the cover of rehabilitation money with the use of the competence center assessment (§ 307 g) (or the assessment Office of the insurance institution for railroads and mining is established, that aa) temporary disability (disability) no longer exists, or bb) rehabilitierende person that denies their reasonable participation in medical rehabilitation measures or cc) vocational rehabilitation measures (relative to the profession according to § 222 para 3) are appropriate and reasonable or dd) disability (disability) is expected to be permanently;"

17. in the section 103, paragraph 1, the point will be replaced at the end of the Z 4 with a semicolon; following Z 5 is added:



"Services rendered 5 by insurance carriers, which were wrongly paid by the legal basis of the newly accumulated performance for the same period."

18. in article 104 para 1, the following sentence is inserted after the second sentence:

"She can determine also that the rehabilitation allowance per month afterwards on the first of the following month to disburse is."

19 § 108e para 9 Nos. 1 and 2 is:



"1. calculation of the differential according to section 108f para 2, the number of appreciation according to § 108 para 2, the maximum contribution basis according to § 108 paragraph 3 and revaluation factors according to § 108 paragraph 4 for the following calendar year to October 31 of each year, for the first time for the year 2016;"

2. reimbursement of the opinion on the expected conduct of the legal pension insurance for the next five years, at the latest until 30 November of each year;"

20 in § 108e para 9 Z 3, the expression 'October 31' is replaced by '30 November'.

21 Article 143a para 1 first sentence reads:

"People, for which at the request of administrative decision was determined that eligibility for section 255 b (§ 273 b, § 280 b) meets are, from the temporary disability (disability) for the duration of the occurrence, entitled to rehabilitation allowance."

22 article 143a para 1 last sentence reads:

"Determining whether entitlement to rehabilitation allowance (§ 255 b, § 273 b, § 280 b), as well as its withdrawal (paragraph 99) is carried out by decision of the pension insurance institution."

23. in article 143a par. 2, first sentence, is the expression "last employment" by the expression "employment insurance from the last substantiated by this federal law or the B KUVG" and the expression "where immediately preceding periods of sickness coating" replaced by the expression "being in the presence of immediately preceding periods of sick leave entitlement, which determined according to § 141 para 2 days".

24 Article 143a para 3 and 4 are replaced by the following paragraph 3 to 5:


"(3) the right to rehabilitation money meets with a right to remuneration from an employment relevant for the assessment of rehabilitation money, article 143, paragraph 1 shall apply by analogy to Z 3. The right to rehabilitation money meets with an entitled to sickness benefits from an employment relevant for the assessment of rehabilitation money, the entitlement to sickness benefit is suspended. Times for the entitlement to sickness benefit on the basis of the rehabilitation money cover rests, is on the maximum duration according to § 139 not to.

(4) the right to rehabilitation money coincides with a claim on income that exceeds the amount according to § 5 para 2 subpara 2, goes to a partial rehabilitation allowance, the amount of which by analogy is to be determined pursuant to § 254 para 7. Claims for wages or benefits, resulting from this work paragraph are not applicable 3 first and second set.

(5) foiled or delayed the person to rehabilitierende that in the context of case management procedures provided for or measures, by she repeatedly does not fulfil its cooperation obligations, so the health insurance carrier can have, that rehabilitation money indefinitely or for a certain time rests entirely or in part, if the insured person before writing has been informed on the consequences of their behaviour."

25. in § 222 para 3 first sentence is inserted after the expression "Rehabilitation (article 301)" the expression "including the determination of the profession".

26 second sentence is section 248a:

"This does not apply if"



1. it's spare months according to paragraph 227a or section 228a or 2. by taking into account the foundations of these contributions to the voluntary insurance scheme when determining the credit of of part of pursuant to § 12 para 1 does not exceed acts the 420fache the daily maximum contribution basis in the respective calendar year."

26A. In section 248c para 2 first sentence is the expression ' (the) Versicherte(n)"is replaced by the expression"The insured person and their employer".

27. in article 254 para 1 the expression is inserted after the word "Rehabilitation" "relative to the profession according to § 222 para 3" Z 2.

28 § 255 par. 2 last sentence reads:

"Are at the end of training (para. 2a) and the date between the more than 15 years, so extended is the frame period referred to in the second sentence insurance months under § 8 para 1 No. 2 lit. "a, d, e and g, for months of the cover of transitional money § 306 and to a maximum of 60 months of the cover of rehabilitation money § 143a and retraining money § 39 b AlVG."

29. in Article 255 par. 4 is inserted after the Z 1 following Z 1a:



"1a. months of the cover of rehabilitation money § 143a or by retraining money § so the called period to not more than 60 of this month; extended 39 b AlVG,"

30. in section 255a, second sentence, is the expression "No. 4" is replaced by the expression "Z 4a".

31. under section 255a, 255 the following section is inserted b together with heading:

"Determination of a claim for rehabilitation allowance

§ 255 b claim to rehabilitation allowance has the insured person, if temporary disability is expected to the extent of at least six months and the conditions are according to article 254 para. 1 Z 2-4. The pension insurance institution has on the existence of these conditions on the basis of an application for pursuant to § 361 para 1 last to decide set with separate notice of finding. "

32. in the section 271, paragraph 1 the expression is inserted after the word "Rehabilitation" "relative to the profession according to § 222 para 3" Z 2.

33. in § 273a, second sentence, is the expression "No. 4" is replaced by the expression "Z 4a".

34. According to § 273a, 273 the following section is inserted b together with the heading:

"Determination of a claim for rehabilitation allowance

§ 273 b claim to rehabilitation allowance has the insured person, if temporary disability is expected to the extent of at least six months and the conditions are Z 2-4 under § 271 sec. 1. The pension insurance institution has on the existence of these conditions on the basis of an application for pursuant to § 361 para 1 last to decide set with separate notice of finding. "

35. in the article 279, paragraph 1 the expression is inserted after the word "Rehabilitation" "relative to the profession according to § 222 para 3" Z 2.

36. in § 280a will second sentence the expression "No. 4" is replaced by the expression "Z 4a".

37. According to § 280a, 280 the following section is inserted b together with heading:

"Determination of a claim for rehabilitation allowance

Article 280 b claim to rehabilitation allowance has the insured person, if temporary disability is expected to the extent of at least six months and the conditions are Z 2 to 4 according to article 279, paragraph 1. The pension insurance institution has on the existence of these conditions on the basis of an application for pursuant to § 361 para 1 last to decide set with separate notice of finding. "

38. in section 324 para 4 is for the phrase "renten(pensions)berechtigte person" each of the expression 'or a person entitled to rehabilitation allowance"added.

39. in paragraph 332, after paragraph 1, the following paragraph 1a is inserted:

"(1a) in performance of rehabilitation allowance applies to the performance-related person of competent institutions of pension insurance as performance requires insurance carriers."

39A. § 347 b para 1 last sentence is as follows:

"The composition of the magistrates/Laienrichterinnen in the Senate has to form the joint nomination right referred to in paragraph 2."

39. section 347 of para 2 first and second sentences are replaced by the following records:

"The competent magistrates/Laienrichterinnen be ordered by the Chancellor on a proposal from the Austrian Medical Association and the Central Office. The Austrian Medical Association, and the Association have each designated to make in their proposals doctors and experts with specific knowledge in the health and social security. The competent magistrates/Laienrichterinnen representative/representatives in equal numbers, and in the same way to order are for."

40th sentence penultimate in the section 348d, subsection 3 replaces the word "his" the expression "his or her".

40A. section 351i para 1 last sentence reads:

"The composition of the magistrates/Laienrichterinnen in the Senate has to form the joint nomination right referred to in paragraph 2."

(b) 40. In the section 351i para 2 first sentence is omitted the word "four".

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

"The Federal Chamber of labour and the Austrian Federal Economic Chamber have to do their clinical pharmacology as well as health economists/health economists in its proposals of specialists/physicians for pharmacology and Toxicology or specialists/physicians with the additive compartment. The competent magistrates/Laienrichterinnen representative/representatives in equal numbers, and in the same way to order are for."

41. in article 354, 4a is inserted after the Z 4 following Z:



' 4a. the finding of invalidity (sections 255a, 280a) or the disability (§ 273a), "42. § 354 Z 5 is:



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

43. § 361 para 1 second sentence reads:

"A claim for a pension from the insurance cases of reduced ability to work is considered as a priority request for performance of medical rehabilitation measures and rehabilitation allowance and on finding whether vocational rehabilitation measures are reasonable and appropriate including the determination of the profession."

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

"(5) in the cases of § 86 para 6 the performance assessment process is initiated by way of derogation by virtue of paragraph 1."

45. article 362 para 4 No. 1 is:



"(1. der Pensionsversicherungsträger bei Personen MIT Anspruch auf Rehabilitationsgeld feststellt, dass a) (vocational rehabilitation measures are appropriate and reasonable or b) the feasibility of medical measures is not or no longer given rehabilitation, or" 46. The following sentence shall be added to section 366 para 4:

"May due to lack of participation of the requesting person the findings not Z 3 to section 367, paragraph 4 be taken, so the application for a pension from the insurance claims of reduced ability to work is application for declaration of invalidity section 255a (§ 280a) or the disability according to § 273a."

47. in the section 367, para 4 input the expression "permanent invalidity (disability)" is replaced by the expression "Permanent invalidity (article 254) or permanent disability (section 271)" and does not apply to the expression "or according to § 255a (§ 273a, § 280a) determined that the disability (disability) is probably not permanently,".

48. in the section 367, paragraph 4, the point will be replaced at the end of the No. 3 with a semicolon; following no. 4 is added:



"4. If entitled to rehabilitation allowance (§ 255 b, § 273 b, § 280 b) exists or not."

49. the following records are added the section 367, paragraph 4:


"The findings referred to in the Nos. 1 and 2 has the insurance carrier by virtue to make when according to § 255a (§ 273a, § 280a) determined that the disability (disability) is probably not permanently. "At rehabilitation benefit can the findings after no. 3 also only in the decision for the withdrawal of the rehabilitation money (§ 99 para 3 subpara 1 lit. b) be."

49A. the following paragraph 4 is added to § 414:

"(4) cash expenses are according to § 76 AVG, which arise in proceedings before the Federal Administrative Court against decisions of the insurance carrier, the complainant not payable by person, if it's the following matters:"



1 auto insurance according to the sections 18a and 18B or 2nd night heavy work after the NSchG."

50. in paragraph 459, the following sentence is inserted after the first set h paragraph 2:

"Created opinions are also to provide the labour market service, if the pension application in the performance assessment process is withdrawn after the medical review and prior to issuing of the notification or a finding not can be made to section 367, paragraph 4 No. 3 lack of participation of the insured person."

51. in the section 459i para 1 entrance is after the word "Sickness insurance institution" the expression "or the competent health care institution (§ 143 c para 1)" added.

52. in the section 459i para 1 No. 1, the bracket expression is inserted after the word "Sickness insurance institution" (by the health care institution).

53. in the section 459i para 2, the expression "or the health care facilities" is inserted after the word "Sickness insurance institution".

54. in the section 459i para 3 and 4, the bracket expression (the health care facility) is each inserted after the word "Sickness insurance institution".

55. in section 459i para 5, the expression "or the sickness insurance" is inserted after the word "Health".

56. in paragraph 545 receives through the Federal Act Federal Law Gazette I no. 139 / 2013 attached paragraph 9 the sales designation (10).

57. in article 669 par. 5 of the expression will be replaced "you the 50th year of life already have completed on 1 January 2014" by the expression "you the 50th year of life already have completed before 1st January 2014".

58. the heading to § 675 attaches the bracket expression (82. Amendment).

58A. in the heading to § 687 "Final provisions" is replaced by the word "Final provisions".

59. According to § 687, 688 the following section including headline is attached:

"Final provisions to article 1 of the Federal Act Federal Law Gazette I no. of 2/2015 (84. Amendment)"

688 (1) I apply in the version of Federal Law Gazette No. 2/2015:



1 with 1 January 2015 the §§ 18a, par. 1 and 3, 68a para 1, 76 b paragraph 5a, 77 para of 7, 86 para 3 Z 2, 89 para 1 Nos. 3 and par. 2, 108e para 9 Z 1-3, 143a para 1 to 5, 248 c para 2, 324 para of 4 and 414 para 4;

2. retroactive with 1 January 2014 the § 26 para 1 Nos. 3 and 4, 36 para 1 No. 13a, 40 para of 3, 44 paragraph 6 lit. a, 49 para of 6, 86 para of 6, 99 par. 1a and 3 subpara 1 lit. b, 103 para 1 Nos. 4 and 5, 104 para 1, 222 paragraph 3, 248a, 254 para 1 No. 2, 255 par. 2 and 4 Z 1a, 255a, 255b including heading, 271 par. 1 Z 2, 273a, 273b together with heading, 279 para 1 No. 2, 280a, 280b along with heading, 332 paragraph 1a, 348d para 3, 354 Z 4a and 5, 361 paragraphs 1 and 5 , 362 par. 4 Z 1, 366 367 section 4 para 4, 459h paragraph 2, 459i para 1 to 5 and 545, as well as the heading to § 675.

(2 contact) §§ 18a para 2 No. 1 and 76b para 4 expiry of 31 December 2014 override.

(3) Notwithstanding § 76b paragraph 5a in the version of Federal Law Gazette I no. 2/2015 is the monthly contribution basis for self insured from § 18a



1. in the calendar year 2015 1 €214;

2. in the calendar year 2016 1 €323.

3. in the year 2017 1 €432;

4. in the year 2018 1 €541.

(4) I 2/2015 are contrary to article 77 paragraph 7 as amended by Federal Law Gazette No. to wear the contributions for which according to § 18a of self insured:



1. in the calendar year 2015 to 91% of the compensation fund for family allowances and to 9% by the Federal Government;

2. in the calendar year 2016 to 83.5% of the compensation fund for family allowances and to 16.5% by the Federal Government;

3. in the year 2017 to 77% of the compensation fund for family allowances and to 23% by the Federal Government;

4. in the year 2018 to 72% of the compensation fund for family allowances and 28% by the Federal Government.

(5) the Association has the expenses by the amendments of the provisions on the auto insurance in the pension insurance for periods of care of a disabled child (§§ 18a 1-para.3, 76 b paragraph 5a and 77 paragraph 7 as amended by Federal Law Gazette I no. 2/2015) are created by December 31, 2016, to evaluate up to March 31, 2017. The required data shall be transmitted to the Confederation by the competent authorities. The evaluation report is to present the Federal Ministry for labour, Social Affairs and consumer protection."

Article 2

Amendment of the commercial law on social insurance (43. amendment of the GSVG)

The commercial law of social insurance - GSVG, BGBl. No. 560/1978, as last amended by Federal Law Gazette I no. 56/2014, is amended as follows:

1 § 25a paragraph 5 reads:

"(5) the provisional contribution basis is to change (down - or Hinaufsetzung) if it proves that their earnings in the current calendar year deviate substantially from the revenues in the third vorangegangenen calendar year at the request of the insured person. A reduction is allowed only as far as this appears justified on the economic circumstances of the insured person. The reduced contribution basis must not fall below the respective applicable minimum contribution basis according to § 25 para 4 and 4a, the contribution basis set up shall not exceed the maximum contribution basis pursuant to § 48. The motion to amend the provisional contribution basis is possible until the end of the year of the contribution. A recent submission is allowed. when assessing the amount of income changes"

1a. In article 35 b is inserted after paragraph 5a, the following paragraph 5:

"(5B) at the request of the insured person may pay the contributions prescribed by the insurance carrier in a calendar quarter in monthly instalments."

1. Article 44, paragraph 4 reads:

"(4) the funds of the support can be used in particularly taking into account worthy cases, in particular in consideration of family, income and financial circumstances of the person to be supported,



1. for supports in accordance with he hiefür by the Board of Directors to some guidelines;

2. for bridging assistance in the form of grants to the contributions to pension and health insurance in accordance with the guidelines to be adopted for that purpose by the Board of Directors, requiring the approval of the Federal Minister for labour, Social Affairs and consumer protection in agreement with the Federal Minister of health to be effective."

1 c. § 58 para 1 Nos. 3 and paragraph 3 is repealed; the semicolon is replaced at the end of paragraph 1 by a point Z 2.

1 In § 58 paragraph 2 the expression does not apply "or the alien in a calendar year exceeds not two months".

1E. § 133 paragraph 3 last sentence reads:

"Falling into the period of the last 180 calendar months prior to the date



1. neutral months after section 121 No. 6 lit. a or months of the cover of transitional money § 164, so the called period extends for these months.

"2. months of the cover of rehabilitation money § 143a ASVG or by retraining money § so the called period to not more than 60 of this month; extended 39 b AlVG,"

2. second sentence is § 142:

"This does not apply if"



1 it's 116 b spare months after section 116a or § or 2. through the principles of these contributions to the voluntary insurance scheme when determining the credit of of part of pursuant to § 12 para 1 does not exceed acts the 420fache the daily maximum contribution basis in the respective calendar year."

2A. In the section 143, paragraph 2, first sentence, is the expression "(the) Versicherte(n)" is replaced by the expression "The insured person and their employer".

3. § 194 Z 2 as follows is initiated:

"the sections 361, 362 para 1, 2 and 4, continue to apply 366 and 367 ASVG in force on 31 December 2013 are being"

4. According to § 355 356 the following paragraph with heading is added:

"Final provisions to article 2 of the Federal Act Federal Law Gazette I no. of 2/2015 (43rd Amendment)"

356. (1) it I apply in the version of Federal Law Gazette No. 2/2015:



1. with 1 January 2015 the §§ 44, par. 4 and 58 para. 2.

2. by 1 January 2016 the sections 25a, paragraph 5 and 35 paragraph 5 b;

3. retroactive with 1 January 2014 the §§ 133, para 3, 142 and 194 Z 2.

(2) there are override:



1. at the end of 31 December 2014 article 58, paragraph 1 Nos. 3 and paragraph 3;

2. at the end of 31 December 2017 § 44 par. 4 No. 2 in the version of Federal Law Gazette I no. 2/2015.

(3) the interim aid funds are according to § 44 up to no later than 31 December 2014 to the support fund according to § 44, § 44 par. 2 and 3, 30% this means the pension insurance sector to feed the area of health insurance and 70% are without prejudice to. The transferred funds may be used only for the purpose of bridging assistance according to § 44 par. 4 Z 2.


(4) unfinished requests for services from the interim aid Fund according to sect. 44 are considered at the end of 31 December 2014 applications for services support fund."

Article 3

Amendment to the farmers Social Insurance Act (43. amendment to the BSVG)

The farmers social insurance law – BSVG, Federal Law Gazette No. 559/1978, as last amended by Federal Law Gazette I no. 56/2014, is amended as follows:

1 in § 2 para 1 the bracket expression (para. 7) is inserted after the word "are" Z 2.

2. in the section 2, paragraph 1, the point will be replaced at the end of the Z 4 with a semicolon; the following phrase is added:

"for purposes of social security under this Federal Act the relationship of affinity remains even after the death of that person has established this relationship."

3. in the section 2, para 5 No. 1 lit. the expression "No. 2 or no. 3" respectively by the expression "Z 2, 3 or 4" replaced a and b.

4. § 2 the following paragraph 7 is added:

"(7) whether an employment is exercised full time, depends on their economic and temporal scope; It is believed exercised as full-time if they



1 serves defraying the living or 2 is longer than 20 hours per week or requires 3 more time than at the same time exerted more employment.

For the duration of a school or vocational training - with the exception of a land(forst)wirtschaftlichen home practice and home teaching - is the Hauptberuflichkeit excluded in any case."

5. § 11 para 1 No. 2 is:



"(2. mit Zustimmung einer selbständig erwerbstätigen, nach Z 1 oder § 3 unfallversicherten person die in Ihrem Betrieb unentgeltlich tätigen Personen, wenn es sich Dabei handelt a) to their spouses / their spouse or their registered partners / her registered partner, their children, grandchildren, choice, stepchildren or stepparents, their parents, grandparents, choice -, stepchildren or in-laws or their siblings, b) to people, for which a claim to benefits health insurance according to § 78 para 2 No. 6 in connection with paragraph 10, or according to § 78" Para 6a or subsection 6 (b) or paragraph 7 there is."

6. in article 11, after paragraph 1, the following paragraph 1a is inserted:

"(1a) the persons referred to in paragraph 1 Z 2 people for the time of their life community assimilated, if they do this



"1 with the operating guide / the active or his or her children or 2 with another according to § 3 para 1 Z 2 accident insured, except siblings, when simultaneous House community with the operating guide / the active."

7 § 23 para 1 last sentence reads:

"Several of these contribution bases come together, so their sum - assuming the identity of the contribution receipt person - is decisive for the determination of the contribution basis of the compulsory insurance (monthly contribution basis)."

8 § 23 para 2 last sentence deleted.

9 the following sentence is added to the section 23, paragraph 9:

"One shows such as 2 or 3 covered person also contribution bases according to § 2 para 1 one or more of the compulsory insurance according to § 2 para 1 Z activities constituting 1 or 1a on the maximum contribution basis for the employment relationship is for the calculation of contributions (article 2, paragraph 1 Z 2 or 3) as well as for the Erwerbstätigkeit(en) according to § 2 para 1 Z 1 or 1a in an approach to bring."

10 the following records are added § 23 paragraph 10:

"A covered person with contribution based option has more contribution bases in the sense of paragraph 1 according to paragraph 1a, so the higher the eligible minimum contribution bases is decisive. "Compulsory insurance for a month is according to § 2 para 1 No. 1 or 1a and according to § 2 para 1 Z 2 or 3, as is no. 1 or 1a the minimum contribution basis for the compulsory insurance according to article 2, paragraph 1 and to bring employment according to § 2 para 1 Z 2 or 3 in an approach."

11. in the section 33c, the point will be replaced at the end of paragraph 1 by a comma; the following phrase is added:

"as long as the insured person was obliged to payment of contributions under this Federal Act."

12. in article 39a para 1 first sentence is inserted "can" the expression after the word "according to the par. 2".

13. in article 39a para 2 and 3 will receive the labels (3) and (4).

14 before § 39a para 3, the following paragraph 2 shall be inserted:

"(2) retroactive for periods of compulsory insurance as full-time busy child, grandchild, choice, stepchildren or Schwiegerkind in an agricultural or forestry or similar operation (§ 27 ABS. 2 ASVG) is excluded, if cover these times with times of a school or vocational training, which have been regarded as of January 1, 1971 or later as substitute periods." This does not apply, if the insured person can prove that their personal participation due to exceptional circumstances to maintain the operation was essential during the ongoing operation by the legally notifiable person."

14A. § 54 para 1 No. 3 is as follows:



"3. in the accident insurance with respect to the cash benefits with the exception of (§§ 149d to 149f and 149 l) pensions and survivor's pensions (§§ 149o to 149 tons), while the eligible person from abroad."

14B. In § 54 paragraph 2 does not apply to the expression "or the alien in a calendar year exceeds not two months."

14c. § 54 para 3 introduction is the expression "Renten(Pensions)ansprüchen" replaced by the expression "Entitlements".

15 section 124 para 2 last sentence reads:

"Falling into the period of the last 180 calendar months prior to the date



1 neutral month pursuant to § 112 No. 4 lit. a or months of the cover of transitional money § 156, so the called period extends for these months.

"2. months of the cover of rehabilitation money § 143a ASVG or by retraining money § so the called period to not more than 60 of this month; extended 39 b AlVG,"

16 second sentence is § 133:

"This does not apply if"



1. it is 107 b spare months according to section 107a or § or 2. through the principles of these contributions to the voluntary insurance scheme when determining the credit of of part of pursuant to § 12 para 1 does not exceed acts the 420fache the daily maximum contribution basis in the respective calendar year."

16A. In § 134 para 2 first sentence is the expression ' (the) Versicherte(n)"is replaced by the expression"The insured person and their employer".

17 § 182 Z 3 as follows is initiated:

"the sections 361, 362 para 1, 2 and 4, continue to apply 366 and 367 ASVG in force on 31 December 2013 are being"

18. According to paragraph 347, 348 the following paragraph with heading is attached:

"Final provisions article 3 of the Federal Act Federal Law Gazette I no. of 2/2015 (43rd Amendment)"

348. (1) it I apply in the version of Federal Law Gazette No. 2/2015:



1. with 1 January 2015 the § 2 para 1 No. 2 and 4, as well as paragraph 5 Z 1 lit. a and b and paragraph of 7, 11 para 1 subpara 2 and para. 1 a, 23 paragraph 1, 2, 9 and 10, 33c para 1, 39a, 54 paragraph 1 Z 3 and para. 2 and 3, as well as 134 paragraph 2;

2. retroactive with 1 January 2014 the §§ 124 par. 2, 133 and 182 Z 3.

(2) § apply 2 paragraph 7 in the version of Federal Law Gazette I no. is not 2/2015



1. on the imputation of substitute periods according to article 107, paragraph 1 Z 1.

2. on compulsory insurance existing on 31 December 2014 according to § 2 para 1 Z 2, so long as the relevant facts for this compulsory insurance does not change."

Article 4

Amending the general pension law (12 short story to the APG)

The general pension law - acts, Federal Law Gazette I no. 142/2004, as last amended by Federal Law Gazette I no. 138/2013, is amended as follows:

1 in § 5 para 4 first sentence adds the expression at the earliest after the word "Value" "from the existence of the minimum insurance period".

2. in the section 6, paragraph 1, the expression does not apply by way of derogation "by section 5 paragraph 3".

3. in article 16, paragraph 4a is first half-sentence, according to the expression "§ 15 para 4 Z 1 and 2" inserted the expression "in force on 31 December 2013".

The following paragraph 6 is added to § 4. 25:

"(6) in the case of the use of an early old-age pension according to the par. 3 and 5 is



1. eliminating only § 9 para 1 to apply;

2. to increase after the completion of the standard pension age only § 9 para 2 apply, so that the performance of a) for each month in which an early retirement pension referred to in paragraph 3 or 4 has been removed, is to increase by 0.55%.

(b) for each month in which the early retirement pension referred to in paragraph 5 has been removed, is to increase 0.312%."

5. § 26 para 2 and 3 are:

"(2) a pension benefit entitlement to at 31 December 2013 from a claim of reduced ability to work or the insured event of incapacity for work, the first account credit is according to § 15 to determine.


(3) the insured event of reduced working capacity or incapacity or the insured event of age occurs when entitlement to a pension benefit pursuant to par. 2 after the end of entitlement (again), so the extent of the new pension benefits must not the extent of due on 31 December 2013 and the product of the number of appreciation (Article 108a ASVG) up to the year in which the new date falls "that multiplied pension benefits fall short."

6. in the annex 7, following lines precede the first line:



"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. after section 27 the following section 28 including heading is added:

"Final provisions to article 4 of the Federal Act Federal Law Gazette I no. of 2/2015 (12th Amendment)"

28. (1) it I apply in the version of Federal Law Gazette No. 2/2015:



1. with 1 January 2015 § 5 para 4;

2. retroactive with 1 January 2014 the §§ 6 para 1, 16 paragraph 4a, 25 par. 6 and 26 para 2 and 3, as well as annex 7.

(2) § only persons apply to 4 in the version of Federal Law Gazette I no. 2/2015 5 sec., the standard pension age after 31 December 2014 reach."

Article 5

Change of officers sick and accident insurance act

The officials-sick and accident insurance law - B-KUVG, Federal Law Gazette No. 200/1967, as last amended by Federal Law Gazette I no. 32/2014, is amended as follows:

1 § 35 par. 1 last sentence reads:

"Cash benefits with the exception of disabled pensions (paragraphs 101 to 106 and 108) and survivor's pensions (§§ 112 to 116) rest also, as long as the qualifying person abroad resides."

1a. section 85 and heading is as follows:

"The basis for the calculation of sickness benefit and rehabilitation money

§ 85. by way of derogation is basis of the provisions of the ASVG for sickness benefit after the sections 138 et seq. ASVG and for the rehabilitation allowance according to article 143a ASVG a thirtieth of increased contribution basis to a sixth last month with full pay claim. Such a month not taken into consideration, the month of the entry of the insurance case is decisive."

2. § 239 in the version of Federal Law Gazette I 28/2014 is no. labeled "§ 238".

3. According to article 239, the following § 240 and heading is attached:

"Final provision to article 5 of the Federal Act Federal Law Gazette I no. 2/2015"

§ 240. I apply it in the version of Federal Law Gazette No. 2/2015:



1. with 1 January 2015 section 35 subsection 1;

 

 

 

 

 



2. retroactive with 25 April 2014 § 239;

"3. retroactively to 1 January 2014 including § 85 heading."

Fischer

Faymann