194. Federal law amending the Occupation Damage Act, the ČSSR Compensation Act and the Distribution Act Bulgaria

The National Council has decided:

table of contents

Article 1	Amendment of the Occupation Damage Act
Article 2	Amendment of the ČSSR Compensation Act
Article 3	Amendment of the Distribution Act Bulgaria

Article 1

Amendment of the Occupation Damage Act

The Occupation Schädengesetz, BGBl. N ° 126/1958, shall be amended as follows:

1. The § § 20 to 25 are:

" § 20. (1) The Federal Indemnity Commission is again established at the Federal Ministry of Finance in Vienna.

(2) The Federal Indemnity Commission shall consist of a chairman, his deputy and the required number of members.

(3) The Federal Indemnity Commission shall decide in senates of two co-sitters under the chairmanship of a judge.

(4) The members of the Federal Indemnity Commission shall be independent in the performance of their duties and shall not be bound by any instructions. The Federal Minister of Finance and the Federal Minister for Justice have the right to inform themselves about all objects of the management of the Federal Indemnity Commission and members of the Federal Compensation Commission for important reason ,

(5) The Federal Administrative Court shall recognise complaints against the proceedings of the Bundesentschädigungskommission.

§ 21. (1) The Federal Minister for Justice, in agreement with the Federal Minister of Finance, has the number of judges required for the Chairman of the Federal Indemnity Commission, for his deputy and for the other Senate Chairmen order.

(2) The co-sitters of the Federal Indemnity Commission consist of two groups of members, each of which is to be unites in a list.

(3) The members of the first group shall be appointed by the Federal Minister for Finance from officials of the use groups A 1 or A 2 of the Service or Retirement of the Federal Ministry of Finance or of the Finance Offices, who shall be with the Anbots and the agreement of the compensation (§ 19) are not dealt with.

(4) The members of the second group are to be sent by the legal professional representatives of each federal state. The Federal Minister of Finance, after consulting the professional representatives, shall have the number of members to be sent by the individual professional representatives, taking into account the extent and importance of the members of the professional group, in accordance with this Federal Act, to determine the damage to be compensated for, with each professional representative of a federal state being able to send at least one member.

(5) Only persons who have the Austrian citizenship are allowed to be sent to the Bundesentschädigungskommission (Bundesentschädigungskommission der Bundesentschädigungskommission) and are in full enjoyment of the civil and political rights of the Federal Republic of Germany.

§ 22. (1) The Federal Minister of Finance shall determine the judges and each of the members of the first and second groups together with the necessary number of substitute members for each senate.

(2) All members of the Federal Indemnity Commission are appointed for a period of two years. A new appeal is admissible.

§ 23. (1) Members of the Federal Compensation Commission, who are not Federal Officials, shall, upon entering into their duties, make a plea to the Chairman of the Federal Compensation Commission: " I am adamant that I shall be responsible for the negotiations of the Federal Compensation Commission. The Federal Indemnity Commission will proceed impartially to the best of its knowledge and conscience without the person's appearance, and that I, as I know from the negotiations and in those of the victims ' conditions, will keep the strictest secrecy. "

(2) The apportioning of religious eureation is permissible.

§ 24. (1) The judges and the members of the first group shall receive compensation for travel (travel) in accordance with the travel fees regulations 1955, BGBl. No 133/1955, as amended. They shall also receive a remuneration corresponding to the time and effort involved in their work, the amount of which shall be paid by the Federal Minister of Finance in agreement with the Federal Ministry of Justice and the members of the first group of the Federal Minister of Finance. The Federal Ministry of Finance is to be established.

(2) The members of the second group shall be entitled to compensation for the journey (travel) and the costs of residency, as well as to compensation for time-failure. The provisions applicable to Schöffen shall be applicable to the amount and conditions of the remuneration and compensation to be paid.

§ 25. (1) The Federal Indemnity Commission shall take its decisions with a majority of votes. Abstention is not permitted.

(2) The Rules of Procedure of the Federal Indemnity Commission shall be adopted by the Federal Minister of Finance in agreement with the Federal Minister for Justice by Regulation. "

2. § 26 is repealed.

3. The previous text of § 30 contains the name "(1)" and reads as follows:

" (1) With the enforcement of this federal law, the Federal Minister of Finance, with regard to § 21 of the Federal Minister of Justice in agreement with the Federal Minister for Finance and with regard to § § 24 and 25 of the Federal Minister of Finance in agreement with the Federal Minister for Justice. "

(4) The following paragraphs 2 to 5 are added to § 30:

" (2) Articles 20 to 25 as amended by the Federal Law BGBl. I n ° 194/2013 are due to 1. Jänner 2014 in force; at the same time, § 26 repeals.

(3) The members of the Federal Indemnity Commission as at 31 December 2013 are reappointed for the remainder of the most recent relevant order period.

(4) With the expiry of the 31 December 2013 according to this Federal Law at the Federal Indemnity Commission under the Occupation Damage Act, BGBl. No. 126/1958, pending proceedings are by the Federal Indemnity Commission in the version of the Federal Law BGBl. I n ° 194/2013.

" (5) The Regulation of the Federal Ministry of Finance of 1 September 1959, by which the rules of procedure of the Federal Indemnity Commission are adopted, BGBl. No. 202/1959, as amended by BGBl. No 538/1975, is considered to be the BGBl version of the Federal Law. I n ° 194/2013. "

Article 2

Amendment of the ČSSR Compensation Act

The Compensation Act ČSSR, BGBl. No. 452/1975, as last amended by the Federal Law BGBl. I n ° 9/2010, is amended as follows:

1. § 35 reads:

" § 35. The Federal Compensation Commission decides on claims for compensation under this federal law in accordance with the Occupation Damage Act in the version of the Federal Law BGBl. I No 194/2013. "

2. § 36 (2) and (3) are deleted.

3. In § 41, the word sequence shall be replaced by "the National Directorate of Finance for Vienna, Lower Austria and Burgenland" the phrase "the competent tax office" .

4. In § 42 (1), the amount of the sum of "10 Schilling" the amount of "0,72 Euro" .

5. In § 42a (1), first sentence, the word sequence shall be replaced by "from the Department of Finance for Vienna, Lower Austria and Burgenland" the phrase "from the competent tax office" .

6. § 42a para. 2 reads:

" (2) The competent tax office shall have the right to the person entitled to to offer its legal successor in the event of death a compensation amount in accordance with paragraph 1, whereby amounts up to EUR 7.2 are not to be offered. If the amount offered is accepted in writing within a period of three months from the date of delivery of the anbot, the right to increase shall be adjusted by comparison. If an increase is offered by the competent tax office and no agreement is reached by comparison within three months of the date of delivery of the anbot, then the competent tax office shall no longer be bound by its offer. "

Section 42a (5) reads as follows:

"(5) The competent tax office shall make the payment within four weeks from the date of receipt of the timely acceptance declaration or the decision of the Federal Indemnity Commission to the competent tax office."

8. § 42a (6) reads:

' (6) until 31 December 2004, the competent tax office shall have a person entitled to the right to: The Bundesentschädigungskommission (Bundesentschädigungskommission) may assert its legal successor to death on the grounds that no Anbot has been served on the compensation raised in accordance with paragraph 1 above. "

9. § 42a para. 7 reads:

" (7) Compensation which does not reach distribution shall lapse after all procedures have been concluded for the benefit of the Federal Government. Increases of up to EUR 7.2 per person or legal successor due to death are not to be paid. "

10. The previous text of § 45 is given the title "(1)" . The following paragraph 2 is added to this:

" (2) § § 35, 41, 42 para. 1, 42a para. 1, 2 and 5 to 7 in the version of the Federal Law BGBl. I n ° 194/2013 are due to 1. Jänner 2014 in force. Section 36 (2) and (3) shall expire at the end of 31 December 2013. "

Article 3

Amendment of the Distribution Act Bulgaria

The Distribution Act Bulgaria, BGBl. No 129/1964, shall be amended as follows:

1. § 17 reads:

" § 17. In order to determine the funds referred to in Article 1 (3), the Federal Distribution Commission has been re-established at the Federal Ministry of Finance. It decides in setting senates and a distribution senate. "

2. § 18 (3).

3. § 18 (4) and (5) reads:

" (4) The members of the Federal Distribution Commission shall be independent in the performance of their duties and shall not be bound by any instructions. The Federal Minister of Finance and the Federal Minister for Justice have the right to inform themselves about all matters of the management of the Federal Distribution Commission and members of the Federal Distribution Commission for important reasons ,

(5) The Federal Administrative Court shall recognise the complaints against the proceedings of the Federal Distribution Commission. "

4. § 39 (1) to (3) reads:

" (1) With the enforcement of this Federal Act, unless otherwise specified in the following paragraphs, the Federal Minister of Finance shall be entrusted with the task.

(2) With the enforcement of Section 19 (1) and Section 22 (1), insofar as it relates to judges, the Federal Minister of Justice is entrusted in agreement with the Federal Minister of Finance.

(3) With the enforcement of Section 37 (3), the Federal Minister of Finance, insofar as this is the waiver of administrative duties, is the Federal Chancellor, and insofar as it is a waiver of court fees, the Federal Minister for Justice "

5. The following paragraphs 4 to 6 are added to § 39:

" (4) § 17 and § 18 (5) in the version of the Federal Law BGBl. I n ° 194/2013 are due to 1. Jänner 2014 in force. Section 18 (3) shall expire at the end of 31 December 2013.

(5) The Federal Distribution Commission, as amended by the Federal Law Gazette of the Federal Law of the Federal Republic of Germany (BGBl), expires on 31 December 2013 pursuant to this Federal Act. I n ° 194/2013.

(6) The Regulation of the Federal Ministry of Finance of 31 August 1964, with which the rules of procedure of the Federal Distribution Commission are adopted, BGBl. No. 233/1954, is considered to be the BGBl version of the Federal Act. I n ° 194/2013. "

Fischer

Faymann