Modification Of The Salary Fund Act 2002

Original Language Title: Änderung des Gehaltskassengesetzes 2002

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_172/BGBLA_2013_I_172.html

172. Federal Act 2002 amends the salary fund law

The National Council has decided:

The 2002 salary Fund Act, Federal Law Gazette I no. 154/2002, as last amended by Federal Law Gazette I no. 54/2012, is amended as follows:

1 § 1 paragraph 2 No. 1 is:



"1. the assessment and payment of emoluments of all community pharmacies or General person entitled pharmacists employed in institution pharmacies on the basis of a service contract and aspirants, who 5/1907, number one as a compensatory measure in accordance with § 3 c para 7 of the pharmacy Act, RGBl. one-year professional training in a public pharmacy or pharmacy Institute choose from pharmacists, which according to § 18 of pharmaceutical technician regulation, Federal Law Gazette No. 40/1930" , as last amended by the regulation BGBl. II Nr 360/2011, temporarily and occasionally as a provider of services within the meaning of Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of the 30.9.2005 p. 22, as last amended by Regulation (EC) No. 623/2012, OJ No. L 180 of the start page 9, operate,"2. According to § 1 para 2, the following paragraph 3 is added:

"(3) the salary Fund is entitled to participate in, if this is with their tasks (para. 2) in context and is appropriate to the fulfilment companies."

3. According to article 3, the following paragraph 3a is inserted:

'section 3a. (1) where this Act speaks of aspirants, including people who choose a one-year professional training in a public pharmacy or facility pharmacy as a compensatory measure pursuant to § 3 c para 7 of the pharmacy Act, are meant.

(2) where this Act speaks of pharmacists, hence pharmacists are in accordance with § 18 of pharmaceutical professional regulation in the version of regulation BGBl., II No. 360/2011 temporarily and occasionally as a provider of services within the meaning of Directive 2005/36/EC on the recognition of professional qualifications, will mean."

4. paragraph 6 ABS. 5:

"(5) a person may be only part of a Department for the question of the right to vote. When a person, the conditions for membership in two departments at the same time present, Member of the Department of the employer is the person for the question of the right to vote. For the question of services of the salary Fund and member contributions on the salary fund a simultaneous membership in two departments consists of."

5. § 15 para 4 is replaced following paragraph 4 and 5:

"(4) fractions of tenths, resulting from the calculation of the part service the scope of part service with a service time is each closest higher number of the full one-tenth of the normal month full service, not to measure in 2/10. An employee takes a leave after maternity protection Act 1979, Federal Law Gazette No. 221/1979, or fathers parental leave Act, Federal Law Gazette No. 651/1989, claim, has to exceed the service level for a service relationship during this period at least 1/10 per week. The extent of the service can be on other particularly worthy of consideration case groups with the prior consent of the parties to collective 1/10 per week.

(5) as far as statutory or collective agreement provisions provide for working time arrangements, where for certain periods of time, the extent of the work performance of the level of remuneration is different (sabbatical, partial retirement, etc), these arrangements can be implemented in agreement between employee and employer in the grade on the salary Fund."

6 paragraph 18 para 3:

"(3) as the service's claims because of a premature termination of employment including a possible handling, as well as claims due to a delay of the service when only against the employer due to the employer's fault, indebted by the employer must be made. This also applies to the service's on a possible holiday compensation claims."

7 § 19 para 1 No. 2 is:



"2 times, during which they were officers in the Austrian Chamber of pharmacists, the pharmaceutical salary Fund for Austria, a volunteer advocacy of pharmacists who have collective bargaining ability, or an other voluntary interests of pharmacists, which is represented, with at least four seats in the Assembly of delegates of the salary Fund, respectively, taking into account the extent of the service experience has shown that average connected to the exercise of the function," 8 section 19 para 2 subpara 2 is :



"2 times a maternity leave leave the maternity protection act or the fathers parental leave act up to a maximum duration of two years, unless during this an upright service relative to a pharmacy is or was," 9 section 40 para 1 is Z 5:



"5. scholarships, performance scholarships and beneficiary loans to students of pharmacy,' 10 section 40 para 1 is Z 8:



' 8 death posts, ' 11. In sections 45 Z 3, 46 para 3 Z 2 Z 9 and Z 10 47 paragraph of 2, 51 para 1 Nos. 1 and 2, 52, 55 par. 4 and 5, 61, 66, 69 para. 1 and 73 is (new), paragraph 4 replaces the word "Stewards" by the word "coordinators" in the grammatically correct form.

12 § 46 para 3 Z 7 and 8 is:



"7. the decision-making about other templates of the Board 8 the decision-making about the management and investment cost preview," 13 § 46 para 3 Z 8 (old)-11 received the designation "9" to "12", following Z 13 to 16 are attached:



"13. the decision-making about whether an assessor is nominated for the OB people Conference in each of the departments in the circle of Board members, 14 the selection of assessors for the OB people Conference, 15 the fixing of the amount of the fees (compensation for failure of time and efforts) and 16 resolutions concerning the rules of procedure."

14 paragraph 49 para 1 and 2:

"(1) voting in the Assembly of delegates on matters of § 46 para 3 Z 4, 5, 11 and 16 have held separately in the two departments. An application is received, if the simple majority of valid votes for the proposed application in each of the two departments. Abstentions are not included in the number of valid votes.

(2) in matters pertaining to section 46 subsection 3 Nos. 6, 7, 8, 9, 10 and 13 carried out the vote all delegates together. For the acceptance of an application reaches the simple majority of the valid votes. Abstentions do not count with the number of valid votes."

15. in article 49, paragraph 3, the quote is "§ 46 para 3 Z 11" by the quote "section 46 paragraph 3 Nos. 12 and 14" replaced.

16 section is labeled (7) 49 paragraph 4, following paragraph 4 to 6 are inserted:

"(4) the resolution that the function fee pursuant to § 46 para 3 via Z 15 according to para 2 with the proviso that the two-thirds majority of the valid vote is necessary for the acceptance of the application. Abstentions are not included in the number of valid votes.

(5) the decision on the amount of the fees referred to in section 46 paragraph 3 are generally one year before the start of the next term of Office for this Z 15. Resolutions concerning the amount of fees not later than before the start of term, so the fees fixed for the previous term of Office shall be considered also for the following term of Office.

(6) in the event that no resolutions pursuant to article 46, paragraph 3 is Z 8 about the Administration and investment costs preview before the beginning of the calendar year for a calendar year, an Assembly of delegates for the purpose is again in January of the calendar year the decision-making to convene. No decision-making is carried out also in this meeting so the Administration and investment costs preview is created within two weeks by the Director of the salary fund after consultations with the Committee."

17. in article 51, paragraph 1 Z 7 eliminates the phrase ", the Riskenausgleichsbeitrages".

18 § 51 para 1 No. 13 is:



"13 the appointment of Director of the salary Fund and of any Deputy in accordance with section 67, paragraph 1," 19 § 51 para 1 Z 15 is replaced by the following Nos. 15 and 16:



"15. the approval of exceeding the adopted administrative and investment cost preview to a betragliches or abstracted extent to be determined in the rules of procedure, and 16 deciding investments according to § 1 paragraph 3."

20. in article 53, paragraph 1, first sentence is replaced the word "three" with the word "four".

21 paragraph 54 para 1 and 2:

"(1) including Board decisions in matters of § 51 para 1 Nos. 3, 7, 8, 12, 13 and 15 separated according to departments. A request is accepted, if the simple majority of valid votes for the application in each of the two departments. Abstentions are not included in the number of valid votes.

(2) the Board shall act in the Affairs of § 51 para 1 Nos. 1, 2, 5, 6, 9 to 11, 14, 16 and 17 as directors, with the simple majority of the valid vote is necessary for the acceptance of any application. Abstentions do not count with the number of valid votes."

22. the heading to § 55 is as follows:

"Coordinators"

23 paragraph 55 par. 1 and 2:


"(1) the coordinators and their deputies are elected by the delegates of the members of the Board.

(2) the coordinators and their deputies are to choose the members of the Board of directors by the delegates of from their departments. To the Chairman or Deputy Chairman is elected in the first ballot, who unites more than half of the valid votes on. Accounted for no more than half of the valid votes, candidates in the first ballot, a second ballot between those two candidates who have achieved the most votes in the first ballot, making is so. Also in the second round is that candidate as selected on the account more than half of the valid votes. Vote, the ballot is to repeat, to repeat once again renewed vote. In the event of another tie, the lot decides. A constraint on two candidates because of a tie after the first round is not possible, a runoff election is first among candidates votes same make. Renewed vote lots."

24. the point is replaced at the end of article 55 par. 5 Z 9 by a comma, following Nos. 10 and 11 are added:



"10. the resolutions on urgent matters which fall within the competence of the Board, if the Board can be convened not timely, or default risk; also have the approval of overruns of approved administrative and investment cost preview to a betragliches or abstracted extent setting in the rules of procedure to. the Board promptly to inform coordinators, and 11"

25 § 55 paragraph 7 is replaced following paragraph 7 and 8:

"(7) the coordinators advise and make decisions usually in meetings involving the two deputies as well as any Committee member and Director of the salary Fund (whether people Conference).

(8) the coordinators have - without prejudice to paragraph 5 Z 11 - its management to ensure, that each approved amounts Z 8 in the Administration and investment costs preview pursuant to § 46 para 3 are not exceeded."

26. pursuant to § 56 para 4, the following paragraph 5 is added:

"(5) is it pursuant to § 49 para 6 to any decision about an administration and investment costs preview by the Assembly of delegates, then the related advice of the Director of the salary Fund is the Committee."

27 paragraph 57 paragraph 10:

"(10) in the case of elections in individual organs is that candidate as selected on the account more than half of the valid votes in the first ballot. Accounted for in the first ballot no candidate more than half of the valid votes cast is so a second ballot between those two candidates who received the most votes in the first ballot, making. Also in the second round is that candidate as selected on the account more than half of the valid votes. Vote, the ballot is to repeat, to repeat once again renewed vote. In the event of renewed a tie with the second repetition, the lot decides. A constraint on two candidates because of a tie after the first round is not possible, a runoff election is first among candidates votes same make. Renewed vote lots."

28 paragraph 65 paragraph 2:

"(2) in the case of the investment of funds of the salary Fund, the limitations of the Pension Fund Act, Federal Law Gazette to note No. 281/1990, are - except § 1 section 3 -."

29 para 1 third and fourth set accounts for § 66.

30. in article 67, paragraph 1 of the bracket expression is omitted (Executive).

31 paragraph 69 paragraph 2:

"(2) the coordinators are entitled to grant the Director of the salary Fund of drawing power in representation of an umpire."

32. paragraph 70:

"article 70. The proclamations of the salary Fund of the municipality have to be carried out on the Internet on the homepage of the salary Fund, including the date of the announcement. Also has an involvement in the official publication organ of the Austrian Chamber of pharmacists (Austrian pharmacists newspaper) to be made."

Fischer

Faymann