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 that modifies the aid workers law and the General Law on social security

The National Council has decided:

Article 1

Change of the Peace Corps Act

The Peace Corps Act, BGBl. No. 574/1983, amended by Federal Law Gazette I no. 135/2009, is amended as follows:

1. paragraph 2:

"§ 2 professionals are intrinsically entitled persons who are working on behalf of an Austrian aid organization in developing countries for the purpose, be prepared in the framework of a project, which corresponds to the principles of the development cooperation Act, to work on the economic and social development of these countries or from an aid organization for such use."

2. pursuant to section 6, the following paragraph 6a is inserted:

'Article 6a. The specialist is unable to work and is located to the treatment in their home country, so she retains § 4 during this time, no longer than but up to the end of their usage contract, the claim to compensation for additional expenses during use according to Z 3."

3. paragraph 7 par. 1 and 2:

"7. (1) the development aid organization is obliged to insure authorized insurer specialist including their any traveler with spouse, children and stepchildren, and traveling with any partner for the duration of their use and their preparation in a developing country according to the special risks in addition to the Austrian statutory social security at one in Austria or an EU Member State, a Contracting State of the EEA or Switzerland to conduct business at their own expense. The amount of the sums of insured is agreed upon between the development assistance organization and the insurers and is to bring the Federal Minister for European and international affairs."

(2) the supplementary insurance referred to in paragraph 1 shall in particular include:

1. for the Professional: medical insurance, death - and disability insurance, liability insurance for the steering of motor vehicles, private and professional liability insurance and insurance of movable effects up to the amount of the sums of insured in accordance with paragraph 1;

2. for any accompanying spouses or registered partners with no income or an income this month twice the height of the § 5 para 2 Z 2 of the General Social Insurance Act (ASVG), Federal Law Gazette No. 189/1955, amended the amount does not exceed: medical insurance, death insurance and insurance of movable effects up to the amount of the sums of insured in accordance with paragraph 1;

3. for any accompanying spouses or registered partners with more than minor income: death insurance with an insured amount reduced compared to the agreed amount of insurance sum referred to in paragraph 1;

"4. for any accompanying children: medical insurance up to the amount of the sums of insured in accordance with paragraph 1."

4. paragraph 8 para 2:

"(2) in addition the travel costs have to site and back to include the cost of travel for the spouse, the children and the stepchildren of the expert and the registered partner of the place of residence, if the spouse or registered partner and the children not even a usage contract as an expert or an other paid employment in the country with an income, that monthly twice the height of in § 5 para 2 Z 2 ASVG" , Federal Law Gazette No. 189/1955, in the currently valid version of mentioned amount exceeds, enter. Travel expenses of spouses, registered partners, children and step-children, who remain in the home country of the expert and live temporarily with the expert, are not to repay."

5. paragraph 8 section 5:

"(5) the travel expenses and the costs to the travel expenses for children are only to replace if you living children with the expert in the same household and as far as for the children there is also entitled to family allowance. The requirement of the joint household may be waived, if this does not exist for reasons of education in the country."

6 paragraph 9 paragraph 1:

"Section 9 (1) is the duration of the service contract pursuant to section 4 to be such that immediately after the end of at least one year use in a developing country of the expert remains a period with a minimum duration of one month in Austria or in the country of next residence for the purpose of reporting, completing the necessary medical examinations and reintegration. The claim is not given if the person starts a new employment relationship immediately after use. "During this period the expert receives the contractually related to payment pursuant to § 4 Z 2."

7 paragraph 13:

"Section 13 (1) professionals and family members living with them in the same household, unless these people are people just asked Austrian nationals or them by the law of the European Union, will be for the duration of the preparation and use in terms of entitlement to benefits under the compensation fund for family benefits and on the amount of children setting off pursuant to § 33 ABS. 3 of the income tax Act (EStG 1988) 1988 , BGBl. No. 400, in amended so treated as if they not ever held in the country of use.

"(2) the professionals are subject to in terms of revenue from the usage contract the provisions of § 3 para 1 Z 11 EStG 1988, Federal Law Gazette No. 400, in their up-to-date versions."

8 paragraph 14:

"§ 14. The development aid organization is obliged to inform the Federal Minister for European and international affairs before using a qualified person in a developing country on the provided type and duration of the deployment."

9. the text of the previous paragraph 16a is paragraph labeled (1); the following paragraph 2 is added:

"(2) § 2, § 6a, article 7, paragraph 1 and 2, § 8 paragraph 2 and 5, article 9, paragraph 1 and sections 13, 14, 16a and 17 as amended by Federal Law Gazette I no. 187/2013 at the end of the day of the announcement of this federal law into force."

10 paragraph 17:

"article 17. With the completion of this federal law is

1. with respect to the civil provisions of the Federal Minister of Justice, 2. with regard to article 6, of section 10, section 11 and § 12 of the Federal Minister for labour, Social Affairs and consumer protection, 3. with regard to article 13 of the Federal Minister of finance, 4. in terms of section 15 of the Federal Minister, whose scope is each affected by this provision in agreement with the Federal Minister for European and International Affairs and 5. Moreover the Federal Minister for European and International Affairs entrusted."

Article 2

Change of the General Social Security Act

The General Social Insurance - ASVG, Federal Law Gazette No. 189/1955, as last amended by Federal Law Gazette I no. 4/2013, is amended as follows:

1 § 4 par. 1 Z 9 is:

"9 professionals of aid according to § 2 of the aid workers Act, BGBl. No. 574/1983;"

2. According to article 47, the following paragraph 48 along with heading shall be inserted:

"Minimum contribution based pension insurance for persons according to § 4 par. 1 Z 9"

section 48. The general basis of contribution in the pension insurance is for specialists of development aid according to article 4, paragraph 1 Z 9 at least 1 €614,32 monthly (minimum contribution basis). "Which in accordance with § 108 paragraph 6 with the respective revaluation number takes the place of this amount from 1 January of each year, for the first time from January 1, 2014, (§ 108 para 1) multiplied amount."

The following sentence is added to 3. section 53, paragraph 1:

"Comes the minimum contribution basis pursuant to § 48 to the application, the attributable to the insured part of the contribution, resulting from the difference between the basis of the minimum contribution and the salary of the insured person not to take into account in the calculation after the first set."

4. According to § 676 677 the following section including headline is added:

"Final provisions to article 2 of the Federal Act Federal Law Gazette I no. 187/2013"

677 (1) §§ 4 para 1 No. 9, 48 together with heading and 53 para 1 as amended by Federal Law Gazette I no. 187/2013 with 1 January 2014 into force.

(2) section 48 amended by Federal Law Gazette I will no. 187/2013 to apply only to persons whose usage contract will be completed after 31 December 2013."