Labour Law Amendment Act 2015 - 2015 Sräg

Original Language Title: Sozialrechts-Änderungsgesetz 2015 – SRÄG 2015

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2015_I_162/BGBLA_2015_I_162.html

162. Federal law, with the the General Social Insurance Act, the commercial law of social insurance, the farmers social insurance law, the officials-sick and accident insurance law, the freelance social insurance law, the notary Insurance Act 1972, the social security Amendment Act, the unemployment insurance act of 1977, the maternity protection Act 1979 and the fathers parental leave law be changed as well as the passing of a law on compensation for damage to Army (Labour Law Amendment Act 2015 - 2015 SRÄG)

The National Council has decided:

 

Table of contents



Article





Subject



 



1 change of the General Social Insurance Act (86th Amendment to the ASVG) 2 change of the commercial law on social insurance (44. amendment of the GSVG) 3 amendment to the farmers Social Insurance Act (44. amendment to the BSVG) 4 change of officials-sick and accident insurance Act (42. amendment to the B KUVG) 5 amendment of the professional social security Act 6 amending the notaries Insurance Act 1972 7 amendment to the social security supplement Act 8 amendment to the unemployment insurance Act 1977 9 amending the maternity protection Act 1979 10 amendment to the fathers parental leave Act 11 federal law on compensation for damage to Army (Army Compensation Act - HEG) article 1

Change of the General Social Insurance Act (86th Amendment to the ASVG)

The General Social Insurance - ASVG, Federal Law Gazette No. 189/1955, amended by Federal Law Gazette I no. 118/2015, is amended as follows:

Part 1 (BMASK)

1. § 3 par. 2 lit. f is:



"(f) employees who are employed at an Austrian professional representation authority abroad or members of any such authority abroad, unless they are exempt from the regulations on social security of the receiving State and not already the lit. d subject to."

2. in section 3b be the comma at the end of the No. 1 and the word "and" at the end of the Z 2 respectively replaced by a semicolon.

3. in paragraph 3, the point b is replaced at the end of the No. 3 with a semicolon and following Z 4 to 12 are attached:



"4. Directive 79/7/EEC on the progressive implementation of the principle of equal treatment for men and women in matters of social security OJ No. L 6 of the 10.01.1979 p. 24;

5. Directive 96/34/EC on the framework agreement concluded by UNICE, CEEP and ETUC on parental leave, OJ No. L 145 of the 19.06.1996 p. 4, repealed by Directive 2010/18/EU, OJ No. L 68 of March 18, 2010 p. 13;

6. the Directive 2000/43/EC on the application of the principle of equal treatment irrespective of racial or ethnic origin, OJ No. L 180 of the 19.07.2000 S. 22;

7. the Directive 2003/109/EC concerning the status of long-term resident third-country nationals, OJ No. L 16 of the ruhrcongress p. 44, as amended by the directive of 2011/51/EC, OJ No. L 132 of the 19.05.2011 p. 1;

8. the Directive 2004/38/EC on the right of Union citizens and their family members, to move freely in the territory of the Member States and to stop amending Regulation (EEC) No 1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC , OJ No. L 158 of 30.04.2004 p. 77, last corrected by OJ No. L 204 of the 04.08.2007 S. 28;

9. the Directive 2005/71/EC on a specific admission procedure for third-country nationals for purposes of scientific research, OJ No. L 289 of the 03.11.2005 S. 15;

10. the directive 2009/50/EC on the conditions and the residence of third-country nationals for the purpose of highly qualified employment, OJ No. L 155 of June 18, 2009 S. 17;

11. the policy 2011/98/EC establishing a common procedure to apply for a combined permit for third-country nationals, to work and to reside in the territory of a Member State and on a common set of rights for third-party workers State, legally residing in a Member State, OJ No. L 343 of 12 page 1.

12. the policy 2014/66/EC on the conditions for the entry and residence of third-country nationals in the framework of an internal company transfers, OJ "No. L 157 of the 27.05.2014 s 1."

4. § 5 par. 1 Z 9 shall be repealed.

5. in § 11 ABS. 3 lit. the expression "for fathers" is b.

6. in article 14 paragraph 1 Z 1 is the expression "actor law, BGBl. No. 441/1922," by the expression "theatre work Act, Federal Law Gazette I no. 100/2010," replaced.

7. in the section, the first and second movements be replaced 31 paragraph 9a by the following sentence:

"As far as according to paragraph 9 content legally binding force comes to the announcement that begins if not specifically otherwise determined, at the end of the day of their announcement."

8. in the section 42 b paragraph 5, first sentence, the expression "referred to in paragraph 1" is replaced by the expression "according to paragraphs 1 and 2".

9. in § 49 para 3, 26a is inserted after the Z 26 following Z:



"26a. fees for acting as ambulance/doctor in landesgesetzlich controlled ambulance services, provided that this activity is neither the main profession is still the main source of income;"

10. in section 51 para 1 subpara 1 lit. a is the expression "actor law, BGBl. No. 441/1922," by the expression "theatre work Act, Federal Law Gazette I no. 100/2010," replaced.

11 § 67d shall be repealed.

12. in the article 225, paragraph 1, 2a is inserted after the Z 2 following Z:



"2a. times of a compulsory insurance pension insurance pursuant to § 8 para 1 subpara 2 lit. a has g and j of the Federal law and under article II section; 2 a AlVG, for which the federal contributions to the Federal Ministry for defence and sports, public employment service or a public fund to pay"

13. in § 255 par. 7, the expression "due to employment" is inserted after the expression "Contribution months of compulsory insurance".

14 Section 308 subsection 1a first and second sentence reads:

"An insured person is absorbed after December 31, 2004 in a pension insurance free employment (para. 2), the employer has according to the staff regulations to apply this federal law or the APG, so the insurance carrier has by way of derogation from paragraph 1 to pay a deposit amount



1. for all times and purchased for inclusion in the pension insurance free employment insurance months (contributions and spare months) as well as 2 for in article 11, paragraph 2, second sentence, which extend the compulsory insurance on the basis of employment preceding the employment pension insurance free.

This also applies to employees of the Federal Government, who were born after 31 December 1975 and before 1 January 2005 in a pension insurance free service ratio were recorded, and for officials of the Federal Government, 1979 recorded according to § 136 b of the official service law."

15. in paragraph 308, according to paragraph 3, the following paragraph 3a is inserted:

"(3a) a transfer amount is according to paragraph 1a, the competent insurance institution of paragraph 3 to apply no. 1, that the upgraded posts to the supplementary insurance together with the transfer amount to the employer are."

16. in the section 308, paragraph 4 first sentence is replaced by the expression "Paragraph 1" each "paragraph 1 or 1a".

17 in the section 311 paragraph 9, after the word "recorded the expression" "or the born after 31 December 1975" inserted, and the following sentence added:

"Paid to the employer contributions to the supplementary insurance are - enhanced appreciation factor applicable to the year of their payment - to pay together with the amount of the transfer and to treat as if they had been done to the supplementary insurance in the legal pension insurance by the competent insurance institution."

18 in the article 347, paragraph 5 the last sentence is the expression "see www.avsv.at".

19 paragraph 446 including heading:

"Investment

The resources available to the system of insurance institutions (the Central Office) are 446th (1) basically bringing interest rates to apply. Plant safety and liquidity take precedence over making a reasonable income. The funds may only be created in terms of system safety irrespective of paragraph 3 and of article 447:



1. in interest-bearing bonds (interest-bearing securities), that of the EEA, issued their credit rating than beyond a reasonable doubt exists shall be deemed, in euro Member States (or their part States, Federal States, provinces) or 2nd in interest-bearing notes, which were issued in euro for credit institutions, whose credit rating is considered as beyond reasonable doubt exist and which are established in a Member State of the EEA, or 3rd in euro-denominated deposits with credit institutions , whose creditworthiness than beyond a reasonable doubt will be deemed present and which are established in a Member State of the EEA, or 4 in interest-bearing notes (emissions), whose credit rating is deemed available as beyond a reasonable doubt and the EEA issued by issuers/issuers domiciled in a Member State, or 5 in corporate bonds by issuers, issuers, whose credit rating than beyond a reasonable doubt is considered available and established in a Member State of the EEA. , or 6.

funds within the meaning of the investment fund law 2011, Federal Law Gazette I no. 77/2011, which match the criteria to the Z 1 to 5.

Minimum rating the rating agencies recognised by the market can be used for the assessment of creditworthiness. Investments in subordinated debentures (subordinated securities) are not allowed.

(2) the use of derivative instruments within the meaning of the types of derivative transactions referred to in annex II paragraph 1 lit. a to d of Regulation (EU) No. 575/2013 on supervision requirements for credit institutions and investment firms and for amending the Regulation (EU) No. 646/2012, OJ No L 176 of the 27.06.2013 p. 1, last amended by delegated Regulation (EC) 2015/1556, OJ No. L 244 of the 19.09.2015 p. 9, is allowed, if it is demonstrably used for hedging existing positions referred to in paragraph 1.

(3) resolutions of the management body about asset investments, which are not mentioned in paragraphs 1 and 2, order to be effective



1. for area health insurance, company health insurance funds, the General accident insurance institution and the insurance institution for railroads, and mining of the approval of the Federal Minister of health, that to make the agreement with the Federal Minister of labour, Social Affairs and consumer protection has, 2. the superannuation fund, the pension Institute and the Central Association of the approval of the Federal Minister for labour, Social Affairs and consumer protection, to establish the agreement with the Federal Minister of health has.

Criteria for the approval of the proposed investment are anyway, plant safety, liquidity and income adequacy. It is to make the agreement with the Federal Minister of finance respectively. Both specific assets in an individual case as marked by common features of groups and is expected to be made assets can be the subject of such decisions.

(4) the insurance institutions (the Federation) has to make sure that the investment is done by people that are technically suitable and able to demonstrate appropriate professional experience. A risk management is incidental for any investment perform. An adequate separation of functions between the assessment and the risk management must be guaranteed."

20. in article 631 para 2 second sentence is the expression "see www.avsv.at".

21 paragraph 689 para 1:

"(1) it I apply in the version of Federal Law Gazette No. 79/2015:"



1. with 1 January 2017 the §§ 59 para 1 third sentence and 67 b, paragraph 2;

2. 1 January 2018 the § 33 par. 1a, 1B and 3, 34, including heading, 41 para 1 and 4 Z 3, 44 para 2, 58 para 1, 4 and 8, 59 para 1 60 para 3 first sentence, 67a para 6 Nos. 2 and 3, 67B (1) and 4 Z 4, 111 paragraph 1 Z 1, 112 para 1 ", 113 to 115, headings, 125 par. 3, 162 para 4, 471f amended the Z 33 and 471 g version of Z 34."

22. in paragraph 689, after paragraph 1, the following paragraph 1a is inserted:

"(1a) the § 5 para 2 and 3, 7 4, 44 par. 1 Z Z 8a and 14, 76 b para 2, 143a para 4, 254 para 6, 471f in the version of no. 2, 471 g in the version of the No. 2 and 471 m in the version of Federal Law Gazette I no. 79/2015 with 1 January 2017 into force, unless" , the Federal Minister for labour, Social Affairs and consumer protection regulation sets an earlier point in time. The Association is obliged to inform the Federal Ministry of labour, Social Affairs and consumer protection



1. up at the latest about 29 February 2016, when expected to be the technical means for the enforcement of the quoted provisions available, and 2. in writing about it, when these technical resources are actually available.

Following receipt of the information by no. 2 has. the Federal Minister of labour, without delay to adopt social and consumer protection the regulation referred to in the first sentence"

22A. In section 689 para 2 and 4 the year is replaced "2016" "2017" through the year.

23. under section 693, 694 the following section including headline is attached:

"Final provisions article 1 part 1 of the Federal Act Federal Law Gazette I no. 162/2015 (86th Amendment)"

Article 694 (1) step I in the version of Federal Law Gazette No. 162/2015 in force:



1 with 1 January 2016 the paragraphs 3 b, 11 paragraph 3 lit. b, 14 para 1 No. of 1, 31 paragraph 9a, 42b paragraph of 5, 49 par. 3 No. 26a, 51 para 1 subpara 1 lit. a, 225 paragraph 1 Z 2a, 255 par. 7, 308 paragraph 1a, 3a and 4, 311 para 9, 347 paragraph 5, 446 including heading, 631 para of 2 and 689 para 1, 1A, 2 and 4;

2. by 1 January 2017, § 3 par. 2 lit. (f).

(2) there are override:



1. at the end of 31 December 2015 § 67d;

2. at the end of 31 December 2016 § 5 par. 1 Z 9.

(3) a person according to § 3 par. 2 was lit. f or Z in the 9 to 31 December 2016, all being applied as in force according to § 5 para 1 free compulsorily or by compulsory insurance and would § 3 par. 2 lit. (f) in the version of Federal Law Gazette I no. 162/2015 or the repeal of § 5 para 1 an existing compulsory insurance or exemption from the compulsory insurance end, leaving no. 9 the previous compulsory insurance or exemption from compulsory insurance unless it upright as long as the underlying service contract continues, the person in question wants the application of the legal situation in the version of Federal Law Gazette I no. 162 / 2015; such a declaration is to submit by 31 March 2017 and the application of the new legal situation from 1 January 2017.

(4) on real estate funds in which before 1 January 2016 is been invested, is applying section 446 on December 31, 2015 in the current version."

Part 2 (BMG)

1. § 7 subpara 1 lit. e is:



"(e) the jurists and the hired attorneys/lawyers, except partners managers a lawyer company limited;"

2. § 8 para 1 No. 3 lit. k is:



"(k) expert and professional magistrates/Laienrichterinnen in the ordinary courts, the administrative courts and the Federal Finance Court, as well as lay judges and juries in the exercise of this activity and the participation in training courses (information events) for this activity;"

3 § 8 par. 2 lit. e is:



"(e) to persons who on the basis of which in para 1 No. 3 lit. referred a activity after § 4 para 1 subpara 1 of full insurance or according to § 7 No. 3 lit. a part of insurance accident insurance are subject to."

4. in article 8 par. 4, the expression 'Programme of the European Communities' is replaced by the expression "Programme of the European Union".

5. para 2a, the following sentence is added at § 16:

"The No. 2 is time limit of 60 calendar months in paragraph 3 does not apply."

6. in article 16, b is inserted after paragraph 2a the following paragraph 2:

"(2B) by way of derogation from paragraph 1 can people who b with entitlement to nursing allowance to the amount of level 3 according to § 5 of the Federal care allowance Act quite overwhelming stress their labor in domestic care for a close family member or a close relatives according to article 123, paragraph 7, self sure upon application to social vulnerability, provided that they are not in the health insurance are compulsorily and no qualifying family members of an obligatory health insurance person." The No. 2 is time limit of 60 calendar months in paragraph 3 does not apply."

7. in section 23, paragraph 6 lit. the expression "Relaxation and convalescence homes," is a.

8. in the section 26 para 1 No. 4 lit. f the expression "and for recipients of rehabilitation allowance" is, if pension or rehabilitation money from the insurance company for railroads and mining will be paid, by the expression ", if the pension is paid out by the insurance company for railroads and mining, as well as for those persons to whom a rehabilitation allowance is granted by the insurance institution for railroads and mining" replaced.

9. in section 26 para 1 No. 4 lit. g replaced the expression "as well as for recipients of rehabilitation money" by the expression "or for those persons, a rehabilitation allowance is granted due to temporary disability of the superannuation fund".

10 article 28 subpara 2 lit. i is as follows:



"i. the pursuant to § 8 para 1 No. 3 lit. (c) in the accident insurance, teilversicherten persons who are housed in a facility serves the medical rehabilitation or health care provided the social insurance institution of the farmers for them after lit. a to c of this Federal Act or according to § 13 BSVG implementing the health -, accident - or pension insurance objective is responsible,"11. In § 31 para 4 No. 6 accounts for the expression "except in paragraph 5 Z 12 these forms".

12. in § 31 para 5, the expression "Spa, convalescent - and rest homes" by the expression "Sanatoriums" replaced Z 21.

13. in § 31 para 5, the expression "Regulations of the EC" is replaced by the expression "Regulations of the European Union" Z 25.

14. in the section 31c para 3 Z 3 to the lit. following e lit. f insert:



"(f) recipients and recipients of rehabilitation allowance, if claim not to entirely or half according to article 143a par. 3 rests or partial rehabilitation allowance is provided according to article 143a, par. 4"


15. in § 52 para 2 is the bracket expression (§ 44 par. 6 lit. a) "by the parenthetical expression"(§ 44 Abs. 6 lit.) b) "and the expression" § 12 par. 3 b "by the expression" § 12 b paragraph 4 "replaced.

16 § 53B is as follows:

"article 53 b. (1) the employer-seekers can aid financed by the accident insurance for the partial compensation of expenses for the remuneration, including any special payments within the meaning of § 3 EFZG or comparable Austrian legislation on in the General accident insurance institution or accident insured service workers be paid the insurance institution for railroads and mining."

(2) section 1 is to apply, that the subsidies fees



1. only those employer-seekers, employing on average more than 50 service workers in their company, where the year before the respective remuneration to reason is the determination of the average; There are periods into account in which temporarily and no service workers were employed;

2. in the amount of 50% of the corresponding paid on payment including any special payments in accordance with the maximum one and a halffold contribution basis (article 108 paragraph 3);

3. for inability to work a) due to illness from the eleventh day of wages up to a maximum of six weeks per working year (calendar year), provided that the wages ten consecutive days lasted longer than underlying inability to work;

(b) after accidents from the first day of wages up to a maximum of six weeks per working year (calendar year), provided that the remuneration took underlying inability to work for more than three consecutive days.

(3) pursuant to par. 2, no. 7 the employer-seekers is lit in the cases of § 176 para 1. a and according to the second sentence in the cases of § 7 para 3 APSG financed by the accident insurance also the difference between the grant to the remuneration (paragraphs 1 and 2 Z 3 lit. b) and to pay the expenses for the remuneration, including any special payments within the meaning of § 3 EFZG or comparable Austrian legislation for service workers in the General accident insurance institution or the insurance institution for railroads and mining accident insured. This remuneration is due to the employer-seekers in cases of incapacity for work according to § 7 para 3 APSG because of accidents that happened during a mission in the context of civil protection and disaster relief.

(4) the Federal Ministry of the Interior has to be replaced the respective accident insurer that cost differential compensation for cases of § 176 para 1 No. 7 lit pursuant to paragraph 3. a and the release according to § 7 para 3 APSG within the meaning of paragraph 3, second sentence, arising from the civil service.

(5) the Federal Ministry for defence and sports has to replace the respective accident insurer, the cost of differential compensation from the dismissal from the presence - or training service according to § 7 paragraph 3 within the meaning of paragraph 3, second sentence, caused APSG after para 3.

(6) for more information about the granting of subsidies and the differential remuneration, as well as their processing is by Decree of the Federal Minister of health in consultation with the Federal Minister for science, to establish research and business."

17 is section 71, paragraph 2, the following paragraph 2a shall be added:

"(2) in order to ensure the financial management the insurance institution for railroads and mining has to accumulate a general reserve amounting to 5% up to 25% of the expenses for accident insurance, taking into account the basis of the amount of the fees referred to in para 1 in the respective calendar year.

(2a) the decision of the Board on the appropriation of the general reserve the consent the control Assembly."

18 section 73a para 1 last sentence reads:

"This post is due at the time, in which the foreign pension, without prejudice to any individual agreements with the foreign officials on modalities of the transfer of pension payable under the statutory provisions is."

19 the following records are added the section 73a, paragraph 3:

"This also applies to any contributions from previous months up to a maximum of a total of ten euros. If this amount is exceeded, the contributions from previous months by the competent sickness insurance institution are to prescribe."

20. in section 74 paragraph 6, first sentence is replaced by the expression "23 €232,19" the expression "22 €557,19".

21 Article 75a para 1 and 2 are, receive the labels (3) and (4) previous para 2 and 3:

"(1) the entire expenses of the health insurance carrier for the recipients-demand minimum subsistence and their eligible family members involved with regulation according to § 9 in the health insurance in a fiscal year exceed the health insurance contributions paid by the countries for these people, so the Federal Government makes the difference between the total expenses and the contributions provided by countries for these people.

(2) in determining the contributions referred to in paragraph 1 also dentures for expenses (paid recourse) are to consider aid for non-deductible input tax, co-payments and prescription fees."

22. in section 76 para 1 Z 3 is the expression "§ 16 para 2a" by the expression "§ 16 par. 2a and 2B" replaced.

23. in the section 77, paragraph 7, first sentence, is the expression "§ 16 para 2a" by the expression "§ 16 par. 2a and 2B" replaced.

24. in § 97 paragraph 3 is the bracket expression "(§ 252 Abs. 2 Z 2)" by the parenthetical expression "(§ 252 Abs. 2 Z 3)" replaced.

25. in paragraph 117, no. 4 lit. the bracket expression (also in a maternity home) is c.

26 paragraph 120 No. 1:



"1. in the case of insurance of the disease with the onset of the disease, this is physical or mental state, which requires medical treatment; an irregular"

27. in section 120a para 2, the expression "Community law" is replaced by the expression "European Union law".

28. in paragraph 121 para 4 No. 3 lit. c, 122 para 2 subpara 1 lit. c and 234 paragraph 1 Z 5 the expression eliminates each "convalescent -, recreation - or".

29 § 122 para 2 No. 3 is:



"3. to persons who are not entitled to unemployment benefit or emergency assistance according to section 21a of the AlVG."

30. in article 123 para 4, the expression 'Programme of the European Communities' is replaced by the expression "Programme of the European Union" No. 3.

31 section 124 para 1 second sentence reads:



"This does not apply paragraph 2a and 2B designated persons for the persons referred to in § 16 par. 2, unless their contributions 2 first half-sentence calculates Z the contribution basis according to article 76, paragraph 1, and in article 16."

32. in section 124 para 2 first sentence is replaced by the expression "in the twelve months immediately preceding the beginning of the auto insurance" the expression "in the twelve months preceding immediately before the start of the auto insurance".

33. in article 124 paragraph 2 No. 1 eliminates the expression "convalescent -, recreation - or".

34. Article 135 paragraph 1 No. 2 is:



"2. a necessary due to medical prescription or psychotherapeutic assignment diagnostic performance of a clinical psychologist or a clinical psychologist according to § 29 (1) of the psychologist Act 2013, Federal Law Gazette No. 182/2013;"

35. § 138 para 1 first sentence reads:

"Compulsory, as well as divorced from the compulsory insurance according to § 122 eligible, these however only on occurrence of the insured event within the first three weeks of this entitlement, have in case of incapacity for work due to illness from the fourth day of incapacity for work on entitlement to sickness insurance."

36. in section 139 be inserted after paragraph 2 following paragraph 2a and 2b:

"(2a) is sick in the last related height from the submission of the people in an upright service ratio, whereby the maximum duration of sickness benefit entitlement has expired that have received a negative decision applied for disability or disability pension, the pension insurance institution and are not entitled to rehabilitation allowance, the health insurance institution and at the latest up to the final completion of the proceedings before the ordinary courts to grant, but only as long as the inability to work due to illness persists." The pension is retroactively awarded, this sickness benefit paid by the sickness insurance institution for the same period by the pension insurance institution is to replace.

(2B) by the Statute a sickness in the last related amount may be granted people, where is the maximum duration of sickness benefit claim expired and still no new sick pay entitlement arose, for the duration of necessary, urgent inpatient stays (hospital and rehabilitation stays in the connection methods). "

37. in article 143a para 2 first sentence is replaced by the expression "Mandatory health insurance" the expression "Insurance".

38. paragraph 144 paragraph 4:


"Not the accommodation in a care institution is considered (4) hospital care for chronically ill patients requiring medical care and special care (§ 2 ABS. 1 Z 3 KAKuG), or in a special hospital, which serves mainly the rehabilitation of insured."

39. in article 154a par. 3 of the expression is "307d para 2 No. 4" by the expression "307d para 2 Z 2" replaced.

40. Article 155 para 2 subpara 2 is required; the Nos. 3 and 4 will receive the designation "2" and "3.".

41. in paragraph 157, the bracket expression "(§ 120 Abs. 1 Z 3) is" by the parenthetical expression "(§ 120 Z 3)" replaced.

42. the heading to section 161 is as follows:

"Care in a hospital"

43. in § 161 para 1 first sentence deleted the parenthetical expression (also in a maternity home).

44. in the section 307d, subsection 2 accounts for the Nos. 1 and 2; the Z 3 to 5 will receive the labels "1" and "3.".

45. in the article 322, paragraph 1, the expression ", recreation and recovery homes" is omitted.

46. in the heading to section 322a eliminates the bracket expression (maternity).

47. in the article 322a, par. 3 and 4, first sentence, the expression "Institution - and maternity care" by the expression "Hospital care" is replaced.

48. in the section 343e para 3 first sentence is the expression "ensures according to section 153a and" by the expression "are according to section 153a and" replaced.

49. in paragraph 347, according to paragraph 3, the following paragraph 3a is inserted:

"(3a) the commissions have to check to see if the main Association and the social security institutions the conditions after article 84a, paragraph 1 in their decisions (E.g. Austrian structural plan health) or section 342(1) No. 1 (regional structure plans health) have complied and in turn the results of this structural plans to put their decisions on relevant issues underlying."

50. in the section 349 paragraph 2, first sentence, is the bracket expression "(§ 20 Abs. 1 Z 8 des Psychologengesetzes)" by the parenthetical expression "(§ 42 Z 1 des Psychologengesetzes 2013)" replaced.

51. in article 363 para 1 first sentence is the expression "in triplicate".

52. article 363 para 2 first sentence reads:

"The doctor / doctor, who finds symptoms when an insured person which justify the justified suspicion of an occupational illness, has this statement to notify the competent institution of the accident insurance within five days on one of this to be on form."

53. paragraph 363 para 3:

"(3) the carrier of accident insurance has immediately to forward the message of a work accident or an occupational disease



1. the competent labour inspectorate, if the accident (occupational disease) concerned the after the labour inspection Act of 1993, the employees / the service employee of an enterprise, BGBl. No. 27/1993, the competence of the Labour Inspectorate is subject to;

2. on the competent land and forestry inspection, if the accident (occupational disease) concerned the according to the agricultural work Act of 1984, the employees / the service employee for a company, BGBl. No. 287/1984, the area of land and forestry inspection is subject.

The accident insurance has paragraphs 1 and 2, as well as the incoming messages on automation-supported way to transmit data."

54. in § 363 paragraph 4 first sentence is the expression "in triplicate".

55 the following paragraph 5 is added to § the 363:

"(5) the messages are according to paragraphs 1, 2 and 4 to report on the currently applicable at the time of the message form the accident insurance institutions."

56. Section 420 para 2 first sentence reads:

"Insurance agents can be persons who are excluded from the right to vote in the legislative organs, completed 18 years of age on the day of the appointment and, if it is not staff of local authorities, their residence, place of employment, or company's registered office have jurisdiction of the insurance carrier."

57. in the section 420, paragraph 3, the expression is "in para 2 subpara 2 and 3" by the expression "in para 2 lit. b and c"replaced.

58. in article 423 paragraph 1 Z 3 is the expression "section 420, para. 2 Z 1 to 3" with the expression "section 420, para.2 lit. a-c"replaced.

59. in the section 441d, subsection 2, introduction eliminates the expression ", 32d para. 2".

60. in section 441e para 2, the expression does not apply "on the basis of the monitoring according to § 32 b".

61. section repeals 447 paragraph 3.

62. § 472 para 2 subpara 2 shall be repealed.

63. in the section 472, para 2, the point is replaced at the end of the Z 4 with a semicolon and following Z 5 added:



"(5. die nach ABS. 1 Z 4 Versicherten, MIT Ausnahme jener Personen, die eine Pensionsleistung erhalten, a) entitled to sickness benefit after the paragraphs 138 to 143, b) entitled to rehabilitation money § 143a and c) are entitled to maternity benefit according to §§ 162 and 168."

64. in article 680 paragraph 3, the expression is "§§ 53 b paragraph 5 to 7" by the expression "section 53 b para 3 to 5" replaced.

65th in the section 690, paragraph 3, the expression is "§ 51 para 1 subpara 1, 51 b paragraph 1, 51e and 57a" by the expression "§ 51 para 1 Z 1 and 3 Z 1, 51 b paragraph 1, 51e and 57a" replaced.

66. in the section 690 (4), the expression "Z 25" is replaced by the expression "Z 26".

67. According to article 694, 695 the following section including headline is attached:

"Final provision Article 1 part 2 of the Federal Act Federal Law Gazette I no. 162/2015 (85th Amendment)"

695. (1) step I in the version of Federal Law Gazette No. 162/2015 in force:



1 with 1 January 2016 the §§ 7 subpara 1 lit. e, 8 para 1 No. 3 lit. k, 8 para 2 lit. e and paragraph of 4, 16 paragraph 2a and 2B, 23 paragraph 6 lit. a, 26 para 1 No. 4 lit. f and g, 31 par. 4 Z 6, 31 paragraph 5 Z 21, 31 para 5 No. 25, 31c para 3 Z 3 lit. f, 52 para 2, 53b, 73a, par. 1 and 3, 74 para 6 first sentence, 75a of para 1 to 4, 76 para 1 No. of 3, 77 para 7, 117 No. 4 lit. c, 120 Z 1, 120a para 2, 121 para 4 No. 3 lit. c, 122 para 2 subpara 1 lit. c, 122 para 2 Z 3, 123 para 4 No. 3, 124 par. 1 and 2, 135 para 1 Z 2, 138 para 1, 139 paragraph 2a and 2B, 143a para 2, 144 para 4, para 3, 154a 155 para 2 Z 2 to 4, 157, 161 heading and paragraph 1, 234 paragraph 1 Z 5, 307d para. 2 Z 1 to 5 , 322 paragraph 1, 322a heading and paragraph 3 and 4, 343e para 3, 347 paragraph 3a, 349 420, para. 2, 363 para. 2 and 3, 423 paragraph 1 Z 3, 441d 2 introduction, 441e para 2, 472 para 2 Nos. 4 and 5, 680 para 3 and 690 para 3 and 4;

2. retroactively with January 1, 2011 § 28 subpara 2 lit. i;

3. retroactive with June 1, 2012 § 97 para 3;

4. retroactive with 1 January 2015 § 71 para 2 and 2a.

(2 2 contact expiry of 31 December 2015 override) sections 447, para 3 and 472 Z 2.

"(3) for those who a rehabilitation allowance has been granted until 31 December 2015 has created only a partial insurance in the insurance case, was, considered only work for whose calculation is the amount of rehabilitation money retroactively granting officio to redetermine, if the already recognized to rehabilitation money low I is no. 162 as this on the basis of the calculation in accordance with article 143a par. 2 in the version of Federal Law Gazette / 2015 would be the case."

Article 2

Amendment of the commercial law on social insurance (44. amendment of the GSVG)

The commercial law of social insurance - GSVG, BGBl. No. 560/1978, amended by Federal Law Gazette I no. 118/2015, is amended as follows:

Part 1 (BMASK)

1. in the section 1c, the comma be replaced at the end of the No. 1 and the word "and" at the end of the No. 2 each with a semicolon.

2. in the section 1c, the point is replaced at the end of the No. 3 with a semicolon and following Nos. 4 and 5 are added:



"4. the directive 2010/41/EC on the implementation of the principle of equal treatment of men and women who exercise a self-employment, and repealing Directive 86/613/EEC, OJ No. L 180 by July 15, 2010 p. 1;

"5. the others in the section called 3B ASVG guidelines, insofar as they are applicable to the scope of this federal law."

3. § 4 par. 1 Z 5 is:



"5 persons with regard to their self-employment in the sense of § 2 para 1 No. 4, whose (§ 25) from all the compulsory insurance not income exceed total deductions twelve times of the amount to activities subject to this Act during the calendar year pursuant to § 25 para 4;" "this does not apply to persons, explanation to article 2, paragraph 1 Z 4 second sentence; gave off"

4. in article 6 par. 4, the expression "in which the contribution basis exceeds the limits of § 25 para 4 No. 2" is replaced by the expression 'in which incomes exceed the limits of § 25 para 4' Z 1.

5. in article 6 par. 4, the point is replaced and following no. 4 appended at the end of the No. 3 with a semicolon:



"4. after termination of the compulsory insurance pursuant to § 7 para 4 Z 5 at the earliest insights into the question of bankruptcy is granted with the first day after the expiry of the period in which the insolvency file after section 256 of the Insolvency Act."

6. in section 6 paragraph 5 is the expression after the word "Insurer" ", not earlier than the first day after the expiry of the period in which the insolvency file after section 256 of the Insolvency Act allows insight into the relevant insolvency" inserted.

7. in the section 7 (4), the point is replaced at the end of the Z 4 with a semicolon and following Z 5 added:



"5.

in the insolvency proceedings over the assets of the insured person due to lack of cost-recovery was not legally opened or lifted. This applies also to failures abroad."

8 in the article 7, par. 5, the point is replaced and following no. 3 appended at the end of the No. 2 with a semicolon:



"3. with the last of the calendar month in which insolvency proceedings over the assets of the insured person due to lack of cost-recovery was not legally opened or lifted. This applies also to failures abroad."

9 § 25 para 2 subpara 1 shall be repealed.

10. in § 25 para 2 Z 3 is the expression "§ 4 para 1 Nos. 5 and 6" by the expression "§ 4 par. 1 Z 5" replaced.

11 § 25 paragraph 4a is cancelled.

12. in section 25a paragraph 1 No. 1 as amended by Federal Law Gazette I no. 118/2015 is the expression "§ 25 paragraph 4a" by the expression "§ 359 para 3a" replaced.

13 § 25a paragraph 4 reads:

"(4) for the first two years of a compulsory insurance health insurance according to article 2, paragraph 1 the amount applies Z 1 to 3 according to § 25 paragraph 4 as interim and final contribution basis (based on new access in health insurance), if within the last 120 calendar months prior to this compulsory insurance no such in pension or health insurance passed under this Federal Act. § 25 paragraph 6 is not applicable."

14. in section 25a paragraph 5 third sentence as amended by Federal Law Gazette I no. is 2/2015 the expression "according to § 25 para 4 and 4a" by the expression "according to the § 25 para 4 and 359 para 3a" replaced.

15. in the section 33, paragraph 7, the expression "Paragraph 3" is omitted.

16 § 35 par. 1 last sentence reads:

"As long as not all contribution debt feature, payments be applied proportionally and blaming the oldest period of contribution contribution."

17. in § 35 para 2a in the version of Federal Law Gazette I no. 79/2015 the expression "of the calendar year" is replaced by the expression "the quarter".

18 § 35 para 4a third sentence reads:

"Credits, consists in the common notices of payment due for the contribution months of calendar quarter pursuant to par. 2 of the insured person's contribution account contribution residues or in this calendar quarter due or to refitting amounts with the credit are to be settled."

19. in § 40 paragraph 2 second sentence is inserted after the word "Payment relief" the expression "as well as in the cases of § 35 c up to the final completion of the probate procedure".

20. in the section 115, paragraph 1, 2a is inserted after the Z 2 following Z:



"2a. times of compulsory insurance pension insurance according to article 3 paragraph 3, for which the Federal Government, to the Federal Ministry for defence and sports or a public fund to pay contributions has;"

21. in § 133 paragraph 6, the expression "due to employment" is inserted after the expression "Contribution months of compulsory insurance".

22. in article 145, b after paragraph 5a, the following paragraph 5 is inserted:

"(5B) is the sum of the contribution bases according to § 44 par. 1 Z 10 ASVG higher than at the same time by the widow / person the widower or the deceased insured within the last two (four) calendar years before the time of death of the insured person-related income by paragraph 5, the amount in the same period as the sum of the contribution basis shall for determining the calculation basis according to paragraph 3 or paragraph 4 to the point of at the same time-related income according to paragraph 5."

23. in § 195 para 3 is the expression "and the land of lower Austria" by the expression ", in St. Pölten for the province of lower Austria" replaced.

24 paragraph 218 along with heading:

"Investment

The resources available to the investment of the insurance carrier are section 218 (1) basically bringing interest rates to apply. Plant safety and liquidity take precedence over making a reasonable income. The funds may only be created in terms of system safety irrespective of paragraph 3 and of article 219:



1. in interest-bearing bonds (interest-bearing securities), that of the EEA, issued their credit rating than beyond a reasonable doubt exists shall be deemed, in euro Member States (or their part States, Federal States, provinces) or 2nd in interest-bearing notes, which were issued in euro for credit institutions, whose credit rating is considered as beyond reasonable doubt exist and which are established in a Member State of the EEA, or 3rd in euro-denominated deposits with credit institutions , whose creditworthiness than beyond a reasonable doubt will be deemed present and which are established in a Member State of the EEA, or 4 in interest-bearing notes (emissions), whose credit rating is deemed available as beyond a reasonable doubt and the EEA issued by issuers/issuers domiciled in a Member State, or 5 in corporate bonds by issuers, issuers, whose credit rating than beyond a reasonable doubt is considered available and established in a Member State of the EEA. , or 6 in Fund within the meaning of the investment fund law 2011, Federal Law Gazette I no. 77/2011, which match the criteria to the Z 1 to 5.

Minimum rating the rating agencies recognised by the market can be used for the assessment of creditworthiness. Investments in subordinated debentures (subordinated securities) are not allowed.

(2) the use of derivative instruments within the meaning of the types of derivative transactions referred to in annex II paragraph 1 lit. a to d of Regulation (EU) No. 575/2013 on supervision requirements for credit institutions and investment firms and for amending the Regulation (EU) No. 646/2012, OJ No L 176 of the 27.06.2013 p. 1, last amended by delegated Regulation (EC) 2015/1556, OJ No. L 244 of the 19.09.2015 p. 9, is allowed, if it is demonstrably used for hedging existing positions referred to in paragraph 1.

(3) resolutions of the management body about asset investments, which are not mentioned in paragraphs 1 and 2, require the approval of the Federal Minister of health in consultation with the Federal Minister for labour, Social Affairs and consumer protection and the Federal Minister of finance. Criteria for the approval of the proposed investment are anyway, plant safety, liquidity and income adequacy. Both specific assets in an individual case as marked by common features of groups and is expected to be made assets can be the subject of such decisions.

(4) the insurer has to ensure that the investment is done by people that are technically suitable and able to demonstrate appropriate professional experience. A risk management is incidental for any investment perform. An adequate separation of functions between the assessment and the risk management must be guaranteed."

25 paragraph 357:

"357. (1) step I in the version of Federal Law Gazette No. 79/2015 in force:"



1. with 1 January 2016 § 35 para 2a, 5B and 6.

2. by 1 January 2017 § 35 par. 5.

"(2) § 132 paragraph 5 as amended by Federal Law Gazette I no. 79/2015 simultaneously with the section provisions referred to 689 para 1a ASVG enter into force."

26. pursuant to § 361, 362 the following section including headline is attached:

"Final provisions article 2 part 1 of the Federal Act Federal Law Gazette I no. 162/2015 (44. novel)"

362. (1) step I in the version of Federal Law Gazette No. 162/2015 in force:



1 with 1 January 2016 the articles 1 c, 4 para 1 Z 5, 6 para 4 and 5, 7 para 4 Z 4 and 5, as well as paragraph 5 Nos. 2 and 3, 25 2 Z 3, 25a paragraph 1 Z 1 and para. 4 and 5, 33 para of 7, 35 par. 1, 2a and 4a, 40 para 2, 115 paragraph 1 Z 2a , 133 paragraph 6, 145 paragraph 5b, 218 along with heading and 357;

2. by 1 January 2017 § 195 para. 3.

(2) there are override:



1. at the end of 31 December 2015 § 25 para 2 subpara 1;

2. at the end of the 14th August 2015 § 25 paragraph 4a.

(3) on real estate funds in which before 1 January 2016 is been invested, is applying § 218 on December 31, 2015 in the current version."

Part 2 (BMG)

1 in § 2 para 1 No. of 3, 4 para 3 subpara of 2 and 8 paragraph 1 lit. a eliminates both the expression "convalescent -, recreation - or".

2. in section 2 paragraph 1 Z 3 is for the word "Director" the expression "the partial insurance accident insurance or" inserted.

3. in section 14a para 3, 4 and 5, the expression does not apply each "and long".

4. § 14c para 2 Z 1 second half of sentence is omitted.

5. § 14c para 2 subpara 2 is:



"2. in the case of section 14a para 1 No. 2, para. 2, and 5 the last day of the calendar month in which falls away the pensions(Ruhegenuss)-or old-age, invalidity - or death benefits;"

6 section 14 d para 2 is as follows:

"(2) the compulsory insurance ends



1. in the case of § 14b of paragraph 1 Nos. 1 and paragraph 2, the last day of the calendar month in which employment substantiated the compulsory insurance; abandoned

2. in the case of § 14b para 1 Nos. 2 and paragraph 3, the last day of the calendar month, in which the pensions(Ruhegenuss)-or old-age, invalidity - or death benefits falling away;

3. in the case of § 14A para 1 No. 3 the last day of the calendar month in which performance substantiated the compulsory insurance health insurance falls away."

7. in § 15 para 2 lit. the expression "Relaxation and convalescence homes," is a.


7A. section 29a, paragraph 1 last sentence reads:



"This post is due at the time of, where is the foreign pension, without prejudice to any individual agreements with the foreign institution about modalities of the transfer of pension payable according to the statutory provisions."

7B. The following records are attached to the section 29a, subsection 3:



"This also applies to any contributions from previous months up to a maximum of a total of ten euros. If this amount is exceeded, the contributions from previous months by the competent sickness insurance institution are to prescribe."

8. in § 64 para 2 is the bracket expression "(§ 128 Abs. 2 Z 2)" by the parenthetical expression "(§ 128 Abs. 2 Z 3)" replaced.

9. in the section 79, paragraph 1, the parenthetical expression (§ § 102, 102a and 102d) Z 3a is replaced by the parenthetical expression (§ § 102 and 102a).

10. in article 79 paragraph 1 the parenthesized-expression (section 94), Z 4 is replaced by the parenthetical expression (§ § 94 and 94a).

11. in the section 80a, subsection 2, the expression "Community law" is replaced by the expression "European Union law".

12 paragraph 82 paragraph 1:

"(1) the eligibility of the duty - and further insured persons (§ 2, § 3 para 1 and 2, section 8 and § 14 b) and the self insured (Article 14a) for themselves and for their insured with family members (article 10) and for their families (section 83) on compulsory health insurance benefits arises, unless on the basis of § 58 anything else is determined at the beginning of the insurance."

13. in section 82 para 3 is the parenthetical expression (§ 2, § 3 para 1 and 2 and article 8) through the bracket expression "(§ 2, § 3 Abs. 1 und 2, § 8, § 14a und § 14b)" replaced.

14. in section 82 para 5, first sentence, is the bracket expression "(§§ 2 und 3 Abs. 1 und 2)" by the parenthetical expression "(§ 2, § 3 Abs. 1 und 2 und § 14b)" replaced.

15. in § 83 para 4, the expression 'Programme of the European Communities' is replaced by the expression "Programme of the European Union" Z 3.

16 last sentence in § 86 para 3 is replaced by the expression "penultimate sentence" the expression "last theorem".

17. in section 86, paragraph 5 lit. a will after the expression "services, according to" the expression "§ 94 a and" inserted.

18 § 86 para 5 lit. d is as follows:



"(d) in the granting of services on the occasion of a donation according to § 80a;"

19. in section 86, paragraph 6 lit. the expression "§ 93 par. 2" by the expression "§ 93 par. 2 or 2a" is replaced d.

19A. Article 91, paragraph 1 No. 2 is as follows:



"2. a necessary due to medical prescription or psychotherapeutic assignment diagnostic performance of a clinical psychologist or a clinical psychologist according to § 29 (1) of the psychologist Act 2013, Federal Law Gazette I no. 182/2013;"

20 paragraph 95 paragraph 2:

"Not the accommodation in a nursing home shall be considered 2 hospital care for chronically ill patients requiring medical care and special care (§ 2 ABS. 1 Z 3 KAKuG), or in a special hospital, which serves mainly the rehabilitation of insured."

21 in the article 99a, par. 3 of the expression is "169 paragraph 2 No. 4" by the expression "169 para 2 Z 2" replaced.

22 § 100 para 2 subpara 2 is required; the Z 3 to 5 will receive the labels "2" to "4.".

23. in section 102 paragraph 4 eliminates the bracket expression (also in a maternity home).

24. in section 169 subsection 2 accounts for the Nos. 1 and 2; the Z 3 to 5 will receive the labels "1" and "3.".

25. in the heading to section 182a of the parenthetical expression (maternity) is eliminated.

26. in section 230, after paragraph 1 of the following paragraph 1a is inserted:

"(1a) the insurer is entitled to support the training of rolling - doctors according to enter 1988 temporary training relationships in the context of a service relationship articles 12 and 12a of the medical act. These service conditions are not taken into account in the posting roster."

27. According to § 362 363 the following section including headline is added:

"Final provision Article 2 part 2 of the Federal Act Federal Law Gazette I no. 162/2015 (44. novel)"

§ 363. I take it in the version of Federal Law Gazette No. 162/2015 effect:



1 with 1 January 2016 the § 2 para 1 No. of 3, 4 para 3 No. of 2, 8 para 1 lit. a, 14a para 3 to 5, 14c para 2 Nos. 1 and 2, 14 d para of 2, 15 para 2 lit. a, 29a, par. 1 and 3, 79 par. 1 Z 3a and 4, 80a paragraph 2, 82 par. 1, 3 and 5, 83 para 4 No. of 3, 86 § 3, para 5 lit. a and d, as well as paragraph 6 lit. d, 91 paragraph 1 Z 2, 95 para 2, para 3, 99a 100 para 2 Z 2-5, 102 paragraph 4, 169 para 2 Z 1 to 5 and 182a heading;

2. retroactive with June 1, 2012 § 64 para 2;

"3. retroactive with 1 January 2015 article 230 para 1a."

Article 3

Amendment to the farmers Social Insurance Act (44. amendment to the BSVG)

The farmers social insurance law – BSVG, Federal Law Gazette No. 559/1978, amended by Federal Law Gazette I no. 118/2015, is amended as follows:

Part 1 (BMASK)

1. in the section 1c, the comma be replaced at the end of the No. 1 and the word "and" at the end of the No. 2 each with a semicolon.

2. in the section 1c, the point is replaced at the end of the No. 3 with a semicolon and following Nos. 4 and 5 are added:



"4. the directive 2010/41/EC on the implementation of the principle of equal treatment of men and women who exercise a self-employment, and repealing Directive 86/613/EEC, OJ No. L 180 by July 15, 2010 p. 1;

"5. the others in the section called 3B ASVG guidelines, insofar as they are applicable to the scope of this federal law."

3. in the section 2, paragraph 2, penultimate sentence is the expression "article 23 par. 3 and 5" by the expression "§ 23 para 3, 3a and 5" replaced.

4. the following sentence is added to § 20 paragraph 5:

"The permission of the insurance institution also covers those cases where partial area of a land(forst)wirtschaftlichen operation a unit value of land(forst)wirtschaftlichen assets after the valuation law 1955 not found is."

5. in § 23 paragraph 3 introduction the expression "taking into account the section 23 c" is inserted after the word "Cases".

6 § 23 paragraph 3a is named "(3b)".

7. before article 23, para. 3, b the following paragraph 3a is inserted:

"(3a) (part of) areas of land(forst)wirtschaftlichen are known operation in the context of the notification the insurer § 217 paragraph 2 c according to, so the presumption that these are managed from the first of the calendar month in which the application in the"Agrarmarkt Austria"was made, on his own account and risk in violation of reporting or accountability. In this case, the insurer is entitled to charge the proportionate yield value of () land of part of pursuant to § 20 paragraph 5 under application of the own acres set of the operation leading (promote advertiser) person for the formation of the insurance value. This assumption applies to the first of the calendar month in which the advertising promotion person proves that the areas at risk of another person are managed."

8. in article 23 par. 4, first half-sentence is inserted after the expression "Paragraph 2" the expression -, if necessary by the application of § 20 5.

9 § 23 para 5 second sentence shall be added to this provision as a last sentence.

10. after article 23 b is inserted the following section 23 c together with the heading:

"Taking account of increases and reductions of the unit value

section 23c. (1) in the case of formation of the insurance value according to § 23 para 2 and 3 rated supplements for public money are valuation law of 1955, as well as surcharges in a unit value notification according to § 35 valuation law of 1955, and discounts according to § 40 according to § 48 para 4 Z 3 valuation law of 1955



1. when the person / persons to take into account, for which the unit value decision issued was, and be at lease of valuated surfaces with transferred;

2. the assignee / the successor to consider when the ownership of a land(forst)wirtschaftlichen is transferred to operating entirely (§ 191 para 4 BAO);

3. not to consider when no land(forst)wirtschaftlichen managed areas on their own account and risk;

4. not to consider when would at the time of the operation task or a significant reduction in operating the insurance according to section 2 paragraph 2 or § 3 par. 2 of the Federal Act or the limit relevant for entitlement to old-age pensions Z reached 2 acts exclusively on the basis of the deduction of such supplements according to § 4 paragraph 6 or exceeded.

(2) by way of derogation from paragraph 1 Z 1 are on a concrete surface-related surcharges according to § 40 valuation law 1955 (notably surcharges for special and fruit crops in the form of permanent crops according to § 32 para 4 in conjunction with § 40 valuation law 1955) for the duration of the leasing (proportionately) in the tenant / to take into account the tenants.


(3) the consideration of spreads has no. 4 from the date of the operational task or the significant reduction in operating at the most until the issue of a unit value notice with a financial legal deadline according to the operational task or significant reduction in operating the conditions referred to in paragraph 1 be avoided, if from the moment of the operation task or the significant reduction in operating no submission at the "Agrarmarkt Austria" and no different from the regular conditions management according to § 40 valuation law 1955 or according to § 48 para 4 Z 1955 3 valuation law. Operating leading has to report these facts change (operational task or substantial reduction in operation) the insurance carrier.

(4) by way of derogation from paragraph 1 Z 4 are on a concrete surface-related surcharges according to § 40 valuation law 1955 (in particular supplements for permanent crops such as special and fruit crops according to § 32 para 4 in conjunction with § 40 valuation law 1955) taken into account.

(5) is in the context of the notification § 217 paragraph 2c according to a petition which found "Agrarmarkt Austria" or Z are included in a communication pursuant to article 217, paragraph 2 6 supplements so these surcharges Z 4 retrospectively (from the time of the disappearance) by way of derogation from paragraph 1 to take into account"

11. in the section 106, paragraph 1, 2a is inserted after the Z 2 following Z:



"2a. times of a compulsory insurance pension insurance according to Section 4a, for which the Federal Government to pay the Federal Ministry for defence and sports or a public fund contributions has;"

12. in section 124 para 4, the expression "due to employment" is inserted after the expression "Contribution months of compulsory insurance".

13 § 206 along with heading is as follows:

"Investment

The resources available to the investment of the insurance carrier are article 206 (1) basically bringing interest rates to apply. Plant safety and liquidity take precedence over making a reasonable income. The funds may only be created in terms of system safety irrespective of paragraph 3 and of article 207:



1. in interest-bearing bonds (interest-bearing securities), that of the EEA, issued their credit rating than beyond a reasonable doubt exists shall be deemed, in euro Member States (or their part States, Federal States, provinces) or 2nd in interest-bearing notes, which were issued in euro for credit institutions, whose credit rating is considered as beyond reasonable doubt exist and which are established in a Member State of the EEA, or 3rd in euro-denominated deposits with credit institutions , whose creditworthiness than beyond a reasonable doubt will be deemed present and which are established in a Member State of the EEA, or 4 in interest-bearing notes (emissions), whose credit rating is deemed available as beyond a reasonable doubt and the EEA issued by issuers/issuers domiciled in a Member State, or 5 in corporate bonds by issuers, issuers, whose credit rating than beyond a reasonable doubt is considered available and established in a Member State of the EEA. , or 6 in Fund within the meaning of the investment fund law 2011, Federal Law Gazette I no. 77/2011, which match the criteria to the Z 1 to 5.

Minimum rating the rating agencies recognised by the market can be used for the assessment of creditworthiness. Investments in subordinated debentures (subordinated securities) are not allowed.

(2) the use of derivative instruments within the meaning of the types of derivative transactions referred to in annex II paragraph 1 lit. a to d of Regulation (EU) No. 575/2013 on supervision requirements for credit institutions and investment firms and for amending the Regulation (EU) No. 646/2012, OJ No L 176 of the 27.06.2013 S 1, last amended by delegated Regulation (EC) 2015/1556, OJ No. L 244 of the 19.09.2015 p. 9, is allowed, if it is demonstrably used for hedging existing positions referred to in paragraph 1.

(3) resolutions of the management body about asset investments, which are not mentioned in paragraphs 1 and 2, require the approval of the Federal Minister of health in consultation with the Federal Minister for labour, Social Affairs and consumer protection and the Federal Minister of finance. Criteria for the approval of the proposed investment are anyway, plant safety, liquidity and income adequacy. Both specific assets in an individual case as marked by common features of groups and is expected to be made assets can be the subject of such decisions.

(4) the insurer has to ensure that the investment is done by people that are technically suitable and able to demonstrate appropriate professional experience. A risk management is incidental for any investment perform. An adequate separation of functions between the assessment and the risk management must be guaranteed."

14. in the article 217, paragraph 2 introduction, the expression "following data" is replaced by the expression "the data required for the execution of this Federal Act".

15 in the article 217, paragraph 2 shall be inserted after the Z 1 following Z 1a to 1 c:



"1a. plot numbers, deposit numbers, part numbers and basic book number of the areas assessed in the economic unit, 1B. surface extent of the economic unit, broken down by species (§ 29 valuation law 1955) of the land(forst)wirtschaftlichen assets, as well as any uses of agricultural assets (§ 39 para 2 Z 1 valuation law of 1955), 1 c."
"when surcharges according to § 40 valuation law of 1955 the extent stated in the notification of the affected areas," 16. In the article 217, paragraph 2 Z 2 is after the word "Address" the expression ", insurance number" inserted.

17. in the article 217, paragraph 2 3 following Z 3a inserted after the Z up to 3 c:



"3a. extent and attribution of the supplements according to § 35 valuation law in 1955, 3B. extent and type of surcharges or discounts according to § 40 valuation law of 1955 and the supplements according to § 48 para 4 Z 3 valuation law of 1955, 3 c."
"Basis of calculation of surcharges for permanent crops (special and fruit crops according to § 32 para 4 in conjunction with § 40 valuation law of 1955)," 18. In the section 337, paragraph 1 is the word "exceed" replaced by the expression "meet or exceed".

19 the following records are added the section 337, paragraph 1:

"The same applies to people who refer a corridor pension, a heavy work pension or an early retirement pension to 31 December 2016 after this or any other federal law, with regard to the border relevant for these pensions (art. 4 par. 6 Z 2 APG)." As area enlargement is. only those facts to look at where the enlargement occurred after 31 December 2016 a yield value of at least 100 euros or exceeds"

20 the following sentence is added to the article 337, paragraph 2:

"As area reduction is only those facts to look at where the reduction occurred after 31 December 2016 a yield value of at least 100 euros or exceeds."

21 lm § 338 para 1 is the word "exceed" replaced by the expression "meet or exceed".

22 the section 338, paragraph 1 the following sentence is added:

"As area enlargement is only those facts to see where the enlargement occurred after 31 December 2016 reaches an income of at least $100 or exceed."

23 the section 338, paragraph 2 the following sentence is added:

"As area reduction is only those facts to look at where the reduction occurred after 31 December 2016 a yield value of at least 100 euros or exceeds."

24 paragraph 349:

"§ 349. "The articles 23, paragraph 10 and 123 paragraph 5 as amended by Federal Law Gazette I no. 79/2015 simultaneously with the section provisions referred to 689 para 1a ASVG into force."

25 according to Article 353, 354 the following section including headline is attached:

"Article 3 final provisions part 1 of the Federal Act Federal Law Gazette." I no. 162/2015 (44. novel)

354 (1) step I in the version of Federal Law Gazette No. 162/2015 in force:



1 with 1 January 2016 the paragraphs 1 c, 2 para of 2, 20 para of 5, 23 paragraph 3a, 3B, 4 and 5, 106 paragraph 1 Z 2a, 124 par. 4, 206 along with heading, 217 para 2 and 349;

2. 1 January 2017 of paragraph 2 as well as the articles 23, paragraph 3, 23 c, including heading, 337 and 338.

(2) is an operational task or substantial reduction in operating in accordance with § 23 c para 1 No. 4 before 1 January 2017, without the Elimination of charges for public money § 35 valuation law 1955 or surcharges after § 40 valuation law 1955 or surcharges to article 48 par. 4 Z 3 valuation law 1955 was taken into account in a unit value communication, so took out the crediting of these surcharges - plot-related surcharges for permanent crops (special and fruit crops according to § 32 para 4 in conjunction with § 40 valuation law 1955) - at Formation of the insurance value according to § 23 para 2 and 3 and in determination of the claim of compensatory allowance according to § 140 para 5, to be avoided 7, 9 and 10 from 1 January 2017, if this situation is reported by the leading operating person.

(3) on real estate funds in which before 1 January 2016 is been invested, is applying § 206 on December 31, 2015 in the current version."

Part 2 (BMG)

1. in article 8, paragraph 1 lit. a the expression is "recovery -, recreation - or".


2 in § 13 para 2 lit. the expression "Relaxation and convalescence homes," is a.

2A. Section 26a para 1 last sentence reads:



"This post is due at the time of, where is the foreign pension, without prejudice to any individual agreements with the foreign institution about modalities of the transfer of pension payable according to the statutory provisions."

2B. The following records are added the section 26a para 3:



"This also applies to any contributions from previous months up to a maximum of a total of ten euros. If this amount is exceeded, the contributions from previous months by the competent sickness insurance institution are to prescribe."

3. in the section 60, paragraph 3 of the parenthetical expression "(§ 119 Abs. 2 Z 2) is" by the parenthetical expression "(§ 119 Abs. 2 Z 3)" replaced.

4. in the section 76a subsection 2, the expression "Community law" is replaced by the expression "European Union law".

5. in the section 78 (4), the expression 'Programme of the European Communities' is replaced by the expression "Programme of the European Union" Z 3.

5a. Article 85, paragraph 1 No. 2 is as follows:



"2. a necessary due to medical prescription or psychotherapeutic assignment diagnostic performance of a clinical psychologist or a clinical psychologist according to § 29 (1) of the psychologist Act 2013, Federal Law Gazette I no. 182/2013;"

6 paragraph 89 paragraph 4:

"Not the accommodation in a care institution is considered (4) hospital care for chronically ill patients requiring medical care and special care (§ 2 ABS. 1 Z 4 KAKuG), or in a special hospital, which serves mainly the rehabilitation of insured."

7. in § 97 paragraph 7 eliminates the bracket expression (also in a maternity home).

8 § 100 para 2 subpara 2 is required; the Z 3 to 5 will receive the labels of "2" to "4".

9. in section 148a subpara 2 lit. the bracket expression (§§ 149o to 149 s) is replaced by the parenthetical expression (§§ 149o to 149 t) b.

10 para 2 Nos. 1 and 2 are § 161; the Z 3 to 5 will receive the labels "1" and "3.".

11. in the heading to § 170a eliminates the bracket expression (maternity).

12. in paragraph 218, paragraph 1 the following paragraph 1a is inserted:

"(1a) the insurer is entitled to support the training of rolling - doctors according to enter 1988 temporary training relationships in the context of a service relationship articles 12 and 12a of the medical act. These service conditions are not taken into account in the posting roster."

13. after section 354 the following § 355 and heading is added:

"Final provision Article 3 part 2 of the Federal Act Federal Law Gazette I no. 162/2015 (44. novel)"

§ 355. I take it in the version of Federal Law Gazette No. 162/2015 effect:



1. with 1 January 2016, the §§ 8 par. 1 lit. a, 13 para 2 lit. a, 26a para 1 and 3, 76a para 2, 78 para 4 No. of 3, 85 par. 1 Z 2, 89 para of 4, 97 para 7, 100 para. 2 No. 2-5, 148a subpara 2 lit. b, 161 para 2 Z 1 to 5 and 170a heading;

2. retroactive with June 1, 2012 article 60 par. 3;

"3. retroactive with 1 January 2015 section 218 paragraph 1a."

Article 4

Change of officers sick and accident insurance Act (42. amendment to the B KUVG)

The officials-sick and accident insurance law - B-KUVG, Federal Law Gazette No. 200/1967, amended by Federal Law Gazette I no. 118/2015, is amended as follows:

Part 1 (BMASK)

1 in § 7 para 2, the expression "a holiday of early parental leave for fathers" is replaced by the expression "an early maternity leave vacation" Z 2.

2. paragraph 152 together with the heading:

"Investment

The resources available to the investment of the insurance carrier are 152 (1) basically bringing interest rates to apply. Plant safety and liquidity take precedence over making a reasonable income. The funds may only be created in plant safety without prejudice to the paragraph 3 and of article 153:



1. in interest-bearing bonds (interest-bearing securities), that of the EEA, issued their credit rating than beyond a reasonable doubt exists shall be deemed, in euro Member States (or their part States, Federal States, provinces) or 2nd in interest-bearing notes, which were issued in euro for credit institutions, whose credit rating is considered as beyond reasonable doubt exist and which are established in a Member State of the EEA, or 3rd in euro-denominated deposits with credit institutions , whose creditworthiness than beyond a reasonable doubt will be deemed present and which are established in a Member State of the EEA, or 4 in interest-bearing notes (emissions), whose credit rating is deemed available as beyond a reasonable doubt and the EEA issued by issuers/issuers domiciled in a Member State, or 5 in corporate bonds by issuers, issuers, whose credit rating than beyond a reasonable doubt is considered available and established in a Member State of the EEA. , or 6 in Fund within the meaning of the investment fund law 2011, Federal Law Gazette I no. 77/2011, which match the criteria to the Z 1 to 5.

Minimum rating the rating agencies recognised by the market can be used for the assessment of creditworthiness. Investments in subordinated debentures (subordinated securities) are not allowed.

(2) the use of derivative instruments within the meaning of the types of derivative transactions referred to in annex II paragraph 1 lit. a to d of Regulation (EU) No. 575/2013 on supervision requirements for credit institutions and investment firms and for amending the Regulation (EU) No. 646/2012, OJ No L 176 of the 27.06.2013 p. 1, last amended by delegated Regulation (EC) 2015/1556, OJ No. L 244 of the 19.09.2015 p. 9, is allowed, if it is demonstrably used for hedging existing positions referred to in paragraph 1.

(3) resolutions of the management body about asset investments, which are not mentioned in paragraphs 1 and 2, require the approval of the Federal Minister of health; It involves matters covered also in the sphere of competence of the Federal Ministry of labour, Social Affairs and consumer protection, such resolutions of approved by the Federal Minister of health in consultation with the Federal Minister for labour, Social Affairs and consumer protection require. While the agreement with the Federal Minister of finance is each to produce. Criteria for the approval of the proposed investment are anyway, plant safety, liquidity and income adequacy. Both specific assets in an individual case as marked by common features of groups and is expected to be made assets can be the subject of such decisions.

(4) the insurer has to ensure that the investment is done by people that are technically suitable and able to demonstrate appropriate professional experience. A risk management is incidental for any investment perform. An adequate separation of functions between the assessment and the risk management must be guaranteed."

3. paragraph 241:

"The sections 12 and heading and 15a para 1 as amended by Federal Law Gazette I no. 79/2015 apply 241. (1) with 1 January 2018.

"(2) articles 2 paragraph 1 Z 5, 8 paragraph of 4 and 19 paragraph 8 in the version of Federal Law Gazette I no. 79/2015 at the same time with the section provisions referred to 689 para 1a ASVG into force."

4. According to § 244, 245 the following section including headline is attached:

"Final provisions article 4 part 1 of the Federal Act Federal Law Gazette I no. 162/2015 (42nd Amendment)"

245. (1) the §§ 7 para 2 subpara 2, 152 heading and 241 in the version of Federal Law Gazette I no. 162/2015 with 1 January 2016 into force.

(2) on real estate funds in which before 1 January 2016 is been invested, is applying § 152 on December 31, 2015 in the applicable version."

Part 2 (BMG)

1. in the § 9 para 3 lit. the expression "Relaxation and convalescence homes," is a.

2. in the section 19 para 4 is the expression "when federal officials of the service level the salary of the salary level 2 of the service class V according to the salary Act 1956, including a possible inflation allowance" is replaced by the expression "the reference amount in accordance with article 3 par. 4 of the 1956 salary law".

2A. In article 19 paragraph 6 last sentence eliminates the term "regulation".

3. in the section 26 para 4 is the expression "when federal officials of the service level the salary of the salary level 2 of the service class V according to the salary Act 1956, including a possible inflation allowance" is replaced by the expression "the reference amount according to § 3 para 4 of the 1956 salary law".

4. in the section 26a para 3, the expression "salary of salary level 2 of the service class V according to the salary law" is 1956 replaced including a possible inflation allowance by the expression "the reference amount according to § 3 para 4 of the 1956 salary law".

4A. In section 26a para 3 last sentence deleted the expression "first sentence".

5. the following sentence is added to § 49 paragraph 1:

"Cash benefits are also to reclaim, if and to the extent due to a subsequently established a claim for further performance of the money and benefits in kind turns out that they were wrongly provided."

6. in § 53a para 2, the expression "Community law" is replaced by the expression "European Union law".

7 in the article 56, paragraph 3, the expression 'Programme of the European Communities' is replaced by the expression "Programme of the European Union" Z 3.


7A. § 63 para 1 No. 2 is as follows:



"2. a necessary due to medical prescription or psychotherapeutic assignment diagnostic performance of a clinical psychologist or a clinical psychologist according to § 29 (1) of the psychologist Act 2013, Federal Law Gazette I no. 182/2013;"

8. in the section 63 para 4 third set eliminates the expression "first sentence".

9 paragraph 66 section 4:

"Not the accommodation in a care institution is considered (4) hospital care for chronically ill patients requiring medical care and special care (§ 2 ABS. 1 Z 3 KAKuG)."

10 section 70a para 2 subpara 2 is required; the Nos. 3 and 4 will receive the designation "2" and "3.".

11. in § 93 par. 4, the expression is "when federal officials of the service level the salary of the salary level 2 of the service class V according to the salary Act 1956, including a possible inflation allowance" is replaced by the expression "the reference amount according to § 3 para 4 of the 1956 salary law".

12. in section 113 para 4 is the expression "when federal officials of the service level the salary of the salary level 2 of the service class V according to the salary Act 1956, including a possible inflation allowance" is replaced by the expression "the reference amount according to § 3 para 4 of the 1956 salary law".

13. in the heading to Article 118a of the parenthetical expression (maternity) is eliminated.

14. under section 245, 246 the following section including headline is attached:

"Final provision Article 4 part 2 of the Federal Act Federal Law Gazette I no. 162/2015 (42nd Amendment)"

246. (1) sections 9 para 3 lit. a, 19 para 4 and 6, 26 para 4, 26a para 3, 49 para 1, 53a para of 2, 56 para 3 Z 3, 63 para 1 subpara 2 and para of 4, 66 para 4, 70a para 2 Nos. 2-4, 93 par. 4, 113 par. 4 and 118a heading as amended by Federal Law Gazette I no. 162/2015 with 1 January 2016 into force.

"(2) that in the § 19 ABS. 4, 26 ABS. 4, 26a para of 3, 93 par. of 4 and 113 paragraph 4 provided for adjustments on the basis of the reference amount be for the first time from January 1, 2017, for the calendar year 2017."

Article 5

Amendment of the professional social security Act

The freelance Social Security Act FSVG, Federal Law Gazette No. 624/1978, as last amended by Federal Law Gazette I no. 4/2013, is amended as follows:

1 in § 2 para 2 second sentence is for the phrase "§ 49 para 3 Z 26 ASVG" the expression "as well as acting as ambulance/doctor in the meaning of § 49 para 3 Z 26a ASVG" inserted.

2. According to article 33, the following section 34 including heading is attached:

"Final provision to article 5 of the Federal Act Federal Law Gazette I no. 162/2015"

"§ 34. § 2 para 2 as amended by Federal Law Gazette I no. 162/2015 1 January 2016 into force."

Article 6

Amendment of notary Insurance Act 1972

The notary Insurance Act 1972 - NVG, Federal Law Gazette No. 66/1972, as last amended by Federal Law Gazette I no. 16/2015, is amended as follows:

1. in section 2 is added following Z 20:



"20 near nationality/close relatives: a person within the meaning of section 25 of the federal tax code (BAO), Federal Law Gazette No. 194/1961, in their up-to-date versions." A private foundation is considered close relatives of an insured person, if a) the insured person itself or b) of a their close relative to this provision or c) the notary partnership, which belongs to the insured person, or d) a society or a different legal entity, their or its assets or income the insured person or one / one of their close relatives in economic terms under this provision (section 65 a) is a total with more than 10% directly or indirectly involved in ", Is founder/foundress, beneficiary/beneficiaries or Letztbegünstigter/Letztbegünstigte of the private foundation."

2 first sentence in paragraph 2a is replaced by the expression "in this Act" the expression "the following".

3. paragraph 5 paragraph 2a:

"(2a) an insured person or a notary partnership, which the insured person belongs to, an external service uses (§ 2 No. 19) and they directly or indirectly provided by one or more companies, on whose assets or profits assured that person or one/one its close relative (§ 2 Z 20) economic (§ 65a) as a whole with more than 10% is directly or indirectly involved" ", so have the insured person or which the notary partnership without delay to inform the insurance company involved insured."

4. § 10 para 2 first sentence reads:

"Uses an insured person or a notary partnership, which the insured person belongs to an external service (§ 2 No. 19) and is provided directly or indirectly by one or more companies within the meaning of § 5 para 2a so the insured person can claim only 75% of the cases carried out by you or relating to them, recognised by the tax authorities as a business expense amount, excluding the sales tax as a reduction of the contribution basis."

5. in § 29 par. 2 second half-sentence, after the word "Members" is the expression "within the meaning of § 25 BAO" inserted.

6. in paragraph 40, subpara 1 lit. b the expression "January 1, 2016" is replaced by the expression "January 1, 2015".

7 § 78 and heading is as follows:

"Investment

The resources available to the investment of the insurance carrier are 78. (1) in principle bringing interest rates to apply. Plant safety and liquidity take precedence over making a reasonable income. The funds may only be created in terms of system safety irrespective of paragraph 3 and of article 79:



1. in interest-bearing bonds (interest-bearing securities), that of the EEA, issued their credit rating than beyond a reasonable doubt exists shall be deemed, in euro Member States (or their part States, Federal States, provinces) or 2nd in interest-bearing notes, which were issued in euro for credit institutions, whose credit rating is considered as beyond reasonable doubt exist and which are established in a Member State of the EEA, or 3rd in euro-denominated deposits with credit institutions , whose creditworthiness than beyond a reasonable doubt will be deemed present and which are established in a Member State of the EEA, or 4 in interest-bearing notes (emissions), whose credit rating is deemed available as beyond a reasonable doubt and the EEA issued by issuers/issuers domiciled in a Member State, or 5 in corporate bonds by issuers, issuers, whose credit rating than beyond a reasonable doubt is considered available and established in a Member State of the EEA. , or 6 in Fund within the meaning of the investment fund law 2011, Federal Law Gazette I no. 77/2011, which meet the criteria after the Z 1 to 5, or 7 in domestic property (land, buildings) with the exception of real estate, the exclusively or largely industrial, commercial or agricultural and forestry purposes serve.

Minimum rating the rating agencies recognised by the market can be used for the assessment of creditworthiness. Investments in subordinated debentures (subordinated securities) are not allowed.

(2) the use of derivative instruments within the meaning of the types of derivative transactions referred to in annex II paragraph 1 lit. a to d of Regulation (EU) No. 575/2013 on supervision requirements for credit institutions and investment firms and for amending the Regulation (EU) No. 646/2012, OJ No L 176 of the 27.06.2013 p. 1, last amended by delegated Regulation (EC) 2015/1556, OJ No. L 244 of the 19.09.2015 p. 9, is allowed, if it is demonstrably used for hedging existing positions referred to in paragraph 1.

(3) resolutions of the management body about asset investments, which are not mentioned in paragraphs 1 and 2, the approval of the Federal Minister for labour, Social Affairs and consumer protection order to be effective. Criteria for the approval of the proposed investment are anyway, plant safety, liquidity and income adequacy. Both specific assets in an individual case as marked by common features of groups and is expected to be made assets can be the subject of such decisions.

(4) the insurer has to ensure that investment is possible by persons who are technically suitable and able to demonstrate appropriate professional experience. This is not possible, the insurance carrier for each investment shall consult a professionally qualified person as a consultant."

8. after section 121, 122 the following section including headline is attached:

"Final provisions article 6 of the Federal Act Federal Law Gazette I no. 162/2015"

122. (1) step I in the version of Federal Law Gazette No. 162/2015 in force:



1 1 January 2016 paragraphs 2 Z 20, 2a, 5 para 2a, 10 para 2, 29 (2) and 78, including heading;

2. retroactively with 1 January 2015 § 40 subpara 1 lit. (b).

"(2) paragraphs 2 I no. 162/2015 is Z 20, 5 para 2a and 10 para 2 as amended by Federal Law Gazette apply retroactively to the recalculation of contributions according to § 14 for those calendar years still no final Finanzamt was presented for the expiry of the 31 December 2015 (§ 13 para 1)."

Article 7

Amendment to the social security supplement Act

The social security Amendment Act SV EC, Federal Law Gazette No. 154/1994, as last amended by Federal Law Gazette I no. 32/2014, is amended as follows:

1. the title of the Act is as follows: