Amend The Act Of Development Workers And Of The General Social Security Act

Original Language Title: Änderung des Entwicklungshelfergesetzes und des Allgemeinen Sozialversicherungsgesetzes

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187. Federal law amending the Development Helpers Act and the General Social Security Act

The National Council has decided:

Article 1

Amendment of the Development Helpers Act

The Development Helpers Act, BGBl. No 574/1983, as last amended by the Federal Law Gazette (BGBl). I n ° 135/2009, shall be amended as follows:

1. § 2 reads:

" § 2. Experts are self-authorised persons working for the purpose of an Austrian development aid organisation in developing countries for the purpose of a project which is based on the principles of the Development Cooperation Act (Development Cooperation Act) , to participate in the economic and social development of these countries or to be prepared by a development aid organisation for such an operation. "

2. According to § 6, the following § 6a is inserted:

" § 6a. If the skilled worker is unable to work and is in her home country for treatment, she shall retain the right to compensation for additional expenses during this period, but at the latest until the end of her employment contract. Use in accordance with § 4 Z 3. "

3. § 7 (1) and (2) reads:

" § 7. (1) The development aid organisation shall be obliged to pay the technical power, including its spouse, children and stepchildren, as well as any registered partner who is a member of a registered partner for the duration of their use, at their expense, and their preparation in a developing country in accordance with the special risks in addition to the Austrian statutory social security scheme for one in Austria or a Member State of the EU, a Contracting State of the EEA or Switzerland to the Insurers admitted to business operations. The amount of insurance sums will be agreed between the development aid organization and the insurer and will be brought to the attention of the Federal Minister for European and International Affairs. "

(2) The additional insurance referred to in paragraph 1 shall include in particular:

1.

for the skilled person: health insurance, life insurance and invalidity insurance, liability insurance for the steering of motor vehicles, private and professional indemnity insurance and insurance of movable property up to the level of the the amounts of insurance referred to in paragraph 1;

2.

for any spouse or registered partner with no income or income, which is the double the amount of the monthly salary in Section 5 (2) (2) (2) of the General Social Insurance Act (ASVG), BGBl. No 189/1955, as amended, does not exceed: health insurance, life insurance and the insurance of the movable property up to the amount of the sums insured pursuant to paragraph 1;

3.

for any spouse or registered partner with more than a small income: life insurance with a reduced insurance sum compared to the agreed amount of the sum insured in accordance with paragraph 1;

4.

for children travelling alone: health insurance up to the amount of the sums insured pursuant to paragraph 1. "

4. § 8 (2) reads:

" (2) The travel expenses shall include the cost of travel for the spouse, the children and the stepchildren of the skilled person, as well as for the registered partner, from the place of residence and the place of use, if the spouse or the registered office is registered. Partners and the children do not themselves have an employment contract as a specialist or another paid employment relationship in the host country with an income that monthly the double the level of the in § 5 paragraph 2 Z 2 ASVG, BGBl. No 189/1955, which is in excess of the amount referred to in the current version. Travel expenses for spouses, registered partners, children and stepchildren, who stay in the home country of the specialist and only temporarily live together with the skilled person, are not to be reimbursed. "

5. § 8 (5) reads:

" (5) The travel expenses and the additional costs of the travel expenses for the children shall be replaced only if the children are living in the common household with the skilled worker and, where the children are also entitled to family allowance. The need for a common household may be waited if it does not exist for reasons of training in the host country. "

6. § 9 (1) reads:

" § 9. (1) The duration of the service contract in accordance with § 4 shall be calculated in such a way that, immediately after the end of at least one year of use in a developing country of the skilled person, a period of a minimum of one month in Austria and/or remains in the country of subsequent residence for the purpose of reporting, completion of the necessary medical examinations and reintegration. The right to this is not given if the person begins a new employment relationship immediately after the application. During this period, the skilled person shall receive the remuneration in accordance with § 4 Z 2 of the contract. "

7. § 13 reads:

" § 13. (1) Experts and family members living with them in the common household, provided that these persons are Austrian citizens or persons equal to those persons who are equal to those of the European Union, shall be treated during the period of Preparation and use in respect of the right to benefits from the compensation fund for family allowances and the amount of the child's replacement according to § 33 (3) of the Income Tax Act 1988 (EStG 1988), BGBl. No 400, in the version in force, as if they were not constantly in the country of application.

(2) The skilled workers are subject to the provisions of Section 3 (1) Z 11 EStG 1988, BGBl, in respect of their income from the contract of employment. No. 400, as amended. "

8. § 14 reads:

" § 14. The Development Assistance Organisation is obliged to inform the Federal Minister for European and International Affairs of the intended nature and duration of the deployment before the use of a specialist in a developing country. "

9. The text of the previous § 16a shall be replaced by the sales designation "(1)" ; the following paragraph 2 is added:

" (2) § 2, § 6a, § 7 para. 1 and 2, § 8 para. 2 and 5, § 9 para. 1 and § § 13, 14, 16a and 17 in the version of the Federal Law BGBl. I No 187/2013 will enter into force with the end of the day of the presentation of this Federal Law. "

10. § 17 reads:

" § 17. With the enforcement of this federal law is

1.

with regard to the civil law provisions of the Federal Ministers for Justice,

2.

with regard to § 6, § 10, § 11 and § 12 of the Federal Minister for Labour, Social Affairs and Consumer Protection,

3.

with regard to Section 13 of the Federal Minister of Finance,

4.

in agreement with the Federal Minister for European and International Affairs, and with regard to § 15 of the Federal Ministers whose scope of action is affected by this provision, and

5.

to the rest of the Federal Minister for European and International Affairs. "

Article 2

Amendment of the General Social Insurance Act

The General Social Security Act-ASVG, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I n ° 4/2013, shall be amended as follows:

1. § 4 (1) Z 9 reads:

" 9.

Development aid workers according to § 2 of the Development Assistance Act, BGBl. No 574/1983; '

2. In accordance with § 47, the following § 48 together with the heading is inserted:

" Minimum contribution basis in the pension insurance for persons pursuant to § 4 (1) Z 9

§ 48. The general contribution basis in the pension insurance for skilled workers according to § 4 paragraph 1 Z 9 amounts to at least € 1 614.32 per month (minimum contribution basis). The amount of this amount shall be replaced by 1. Jänner of each year, for the first time from 1. Jänner 2014, the amount multiplied by the respective utilization number (§ 108a para. 1) under § 108 (6). "

3. The following sentence shall be added to § 53 (1):

" Where the minimum contribution basis is applied in accordance with Article 48, the part of the contribution to the insured person resulting from the difference between the minimum contribution basis and the remuneration of the insured person shall be the proportion of the contribution. not be taken into account in the calculation after the first sentence. "

4. In accordance with § 676, the following § 677 shall be added together with the heading:

" Final provisions on Art. 2 of the Federal Law BGBl. I No 187/2013

§ 677. (1) § § 4 (1) Z 9, 48 and the title and 53 (1) in the version of the Federal Law BGBl. I n ° 187/2013 are 1. Jänner 2014 in force.

(2) § 48 in the version of the Federal Law BGBl. I No 187/2013 shall apply only to persons whose contract of application is concluded after 31 December 2013. "

Fischer

Faymann