2. Social Security Amendment Act 2013-2 Sväg 2013

Original Language Title: 2. Sozialversicherungs-Änderungsgesetz 2013 - 2. SVÄG 2013

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139. Federal law be changed with the General Social Insurance Act, the commercial law of social insurance, the farmers social insurance law, the officials-sick and accident insurance Act, the notary Insurance Act 1972, the worker dispatch law and the unemployment insurance Act 1977 (2nd social security Amendment Act 2013-2 SVÄG 2013)

The National Council has decided:

Table of contents



Article





Subject



 



1 amendment of the General Social Security Act 2 change of the commercial law on social insurance 3 amendment to the farmers Social Insurance Act 4 change of officials-sick and accident insurance Act 5 amendment of the law on notary insurance 1972 6 amendment to the worker dispatch law 7 amendment to the unemployment insurance Act 1977 article 1

Change of the General Social Security Act

The General Social Security Act, Federal Law Gazette No. 189/1955, as last amended by Federal Law Gazette I no. 86/2013, is amended as follows:

1 § 49 para 7 (2) is:



"2. teachers at institutions, the a) mainly No. 171/1973, operate adult education within the meaning of § 1 para 2 of the Federal Act on the promotion of adult education and of the public library system from federal funds, Federal Law Gazette;

(b) are entrusted with the provision of services by the labour market service, with respect to these services;

in the by-laws Federal Law Gazette II considered no. 228 / 2001 mentioned facilities including its institutions in any case facilities after lit. a;"

1a. section 53b be added following paragraph 5-7: "(5) the employer Wu Z 7 is lit in the cases of § 176 para 1. a as well as according to the second sentence in the cases of § 7 para 3 APSG accident insurance funds the difference between the grant to the (para. 1 and 3) and the expenditure 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 to be paid. This remuneration is due to the service Gerber-seekers in cases of incapacity for work according to § 7 para 3 APSG due to accidents that happened during a mission in the context of civil protection and disaster relief.

(6) the Federal Ministry of the Interior has to be replaced the respective accident insurer the cost of differential compensation for cases of § 176 para 1 No. 7 lit after para 5. a and the release according to § 7 para 3 APSG within the meaning of para 5 second sentence arising out of the civil service.

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

2. second sentence is omitted § 66.

3. in the section 67a para 4 No. 1, the expression "the service geberInnennummer, if not exist" is inserted before the expression "company name".

4. § 67a para 4 No. 2 is:



"(2. a) (tax identification number, if not present the financial official and tax number b) the DienstgeberInnennummer, in the absence of such persons according to § 67e the insurance number with the addition of"v", in other cases the company name of the contracted company and" 5. In § 67a, according to paragraph 5, the following paragraph 5a is inserted:

"(5a) for transfers of liability amounts by order surrounding businesses by persons pursuant to § 67e service provision Centre has to forward received his liability amounts to the social insurance institution of for trade and industry, if not another considering future health insurance carrier requests this liability amounts within 14 days of its receipt."

6. in the section 67a para 6, first sentence, is according to the expression "written request, the" inserted the term "period of five years from receipt of the payment".

7. in § 67a para 6 Z 1, the expression is added after the expression "not all contribution accounts" "after the ASVG and GSVG'.

8. in the section 67a, according to paragraph 6, the following paragraph 6a is inserted:

"(6a) for companies without DienstgeberInnennummer, which do not fall under § 67e, are the liability amounts on written request, which can be set period of five years from receipt of the payment to the Service Center, to pay off from the Service Center, if not a future considering health insurance carrier requests this liability amounts within 14 days of its receipt." By a health insurance carrier or the CCRA examined the social security or wage tax liability in Austria or initiated an investigation to determine this, so the payout may be refused to complete the audit action."

9. in section 67a is inserted after paragraph 8 of the following paragraph 8a:

"(8a) all companies who submit an application for inclusion in the HFU-list or the list or surrounding businesses were made for the liability amounts of order, have to furnish all information in the health insurance bodies truly within 14 days and submit the documents that are related to the articles 67a-67e important. The health insurance carrier has doubts about the authenticity of the information or of the presented documents, he may require the original documents to produce."

10. in the section 67 b para 1 first sentence "made" is inserted after the expression the expression "and as employers under this Federal Act, registered contractors employ".

11 paragraph 67b para 2 first sentence:

"A company recorded in the HFU-list is to delete if no longer meet the requirements for inclusion in the HFU list referred to in paragraph 1 without delay from this list."

12. the existing text of § 67c receives the sales designation (1); (new) in paragraph 1, second sentence, is the expression "of the section 67 b" by the expression "the §§ 67 b and 67e" replaced.

13 section 67 c the following paragraph 2 is added:

"(2) the Federal Ministry of Finance has the Service Center and the health insurance bodies for the enforcement of §§ 67 b 67e. the VAT identification numbers, the name and the seat of entrepreneurs through the automation-supported data transfer on request collected to transmit, and, where these data are available."

14. under § 67d, the following § 67e including heading shall be inserted:

'Special provisions for individuals without contractors

§ 67e. The company is a natural person without contractors, the section 67a shall apply until 67d with following features:



1. entrepreneurs, only not, recorded b after section 67 in the HFU list because they have registered no contractors as employers under this Federal Act, are for the duration of their compulsory insurance after of the GSVG due to their self-employment on written request to the service center of that health insurance carriers, in whose territorial jurisdiction the seat of the company is to include in the HFU-list, if they at the time of the request the due contributions up to the 15th of the calendar month , which follows the quarter, paid;

2. such, recorded in the HFU-list company is immediately from this list to delete, if the after of the GSVG due contributions were not paid up to the 15th of the calendar month following the quarter.

Not taken into consideration contribution residues up to €500 each."

15. in section 112a of the expression will be replaced "§ 67a para 8, 8a or 9" "§ 67a para 8 or 9" by the expression.

16 paragraph 123 section 3:

"(3) stepchildren of a person are biological children derived not from her, their spouses, their spouse / registered partner or her registered partner, and that even if the other biological parent of the child is still alive. The Stiefkindschaft continues after dissolution or annulment of marriage substantiating or of the registered partnership."

17 the following paragraph 6 is added to section the 139:

"6) the sickness insurance institution is obliged to inform the insured person of six weeks before the expiry of the maximum period of sickness benefit claim about the impending elimination of this claim and the social security legal options as a result. At the same time he has to send a copy of this information to the competent pension insurance institution."

18. in section 215, para 4 sublit. BB the expression "or as a stepchild" inserted after the word "together".

19 section 216 is as follows:

"§ 216. The provisions on the according to the § 215a, section 215, 217 and 220 Witwen(Witwer)rente survivors listed by partner/partners and registered partnerships according to the EPG by analogy to apply."

20 § 217 paragraph 2 is cancelled.

21 § 255 par. 3b is:

"(3B) activities after paragraph 3a No. 4 are light activities carried out at average time pressure and in sitting position." Activities are also considered primarily exercised in sitting posture, when they are interrupted by interim change of attitude."

22 paragraph 259:


"§ 259. The provisions on the Witwen(Witwer)pension are according to the § 258, 264 and 265 survivors registered partners and registered partnerships according to the EPG by analogy to apply."

23. in section 264, section 10 lit. b is inserted after the word "together" the expression "or as a stepchild".

24 § 307 g the following section is inserted after 307 h:

"The creation of opinion

§ 307 h. Has requested an insured person on the basis of the (upcoming) removal of the sickness benefit entitlement due to expiry of the maximum period a performance from the insured event of reduced ability to work, so the pension insurance institution for has to make sure that opinion in matters of insurance cases of reduced ability to work six weeks can be created."

25 section 414 as amended by the Verwaltungsgerichtsbarkeits adjustment Act social security Gets the sales designation (1); following paragraph 2 and 3 shall be added:

"(2) in matters according to article 410, paragraph 1 Nos. 1, 2 and 6 to 9 will decide the Federal Administrative Court on request of a party by a Senate;" This also applies to procedures, to assess where the quoted matters as preliminary questions are. The Senate consists of one / a presiding judge and two expert magistrates Wu, one of which the County of contractors and the other belonging to the district, the employer has. The proposal is to introduce at the same time with the complaint or the template application or within four weeks from the notification of the complaint.

(3) the proposal for the appointment of the expert LaienrichterInnen district, the contractors from entitled the Federal Chamber of labour or the Austrian country day of Chamber of labour, that is to the Austrian Federal Economic Chamber and the Chamber of Agriculture of Austria from the circle of the employer. For proceedings on the question whether there is compulsory insurance by this federal law or the BSVG, one person from the District of LaienrichterInnen is to be used, which were proposed by the Chamber of Agriculture of Austria. For procedures related to employment with an employer who is a member of the Chamber of agriculture, you are from the Austrian country day of Chamber of labour and the Chamber of Agriculture of Austria to attract proposed LaienrichterInnen. The proposed persons have special professional knowledge in the field of social security."

25A. According to § 483 following §§ 484 through 489 including headings shall be inserted:

"Transfer of asset shares of services from the defined-contribution system

484. (1) where persons entitled to a grant to perform the defined-contribution system of the pension Institute, not exercise until the expiry of the 30 November 2013 of their statutory right to disperse from their claim through a lump-sum payment from the pension Institute, the share of assets associated with the entitlement is transferred, and



1 on those pension company commitment within the meaning of section 2 No. 1 of the operating pension law or 2nd on the occupational pension group insurance within the meaning of § 2 Z 1 operating pension law or 3rd on those life insurance within the meaning of § 2 Z 3 of the operating pension Act, which was drafted by the former employer until the expiry of the 31 October 2013. Thus, any entitlement to the pension Institute goes out.

(2) the former employer chose not a pension company commitment or an occupational pension group insurance or life insurance until the expiry of the 31 October 2013 pursuant to paragraph 1, the respective share of assets on the pension company commitment selected by the pension institution is to be transferred.

(3) upon request of the beneficiary person until expiry of the 30 November 2013, which is her to transmit entitlement associated proportion of assets by way of derogation from paragraph 1 the pension company commitment selected by the pension institution, or the occupational pension group insurance selected by the pension institution.

Transfer of asset shares of entitlements from the defined-contribution system

§ 485. As far as individuals who have an entitlement to a grant to perform the defined-contribution system of the pension Institute on November 30, 2013, not exercise until the expiry of the 30 November 2013 of their statutory right to disperse from their qualifying through a lump-sum payment from the pension Institute, the share of assets associated with the entitlement is



1 on those pension company commitment within the meaning of section 2 No. 1 of the operating pension law or 2nd on the occupational pension group insurance within the meaning of § 2 Z 1 operating pension law or 3rd on those life insurance within the meaning of § 2 Z 3 of the operating pension Act transferred was selected by the employer until the expiry of the 31 October 2013. Thus, any entitlement to a performance against the pension institution goes out. Article 484, paragraph 2 is to apply mutatis mutandis.

Selection of a pension fund and an occupational pension group insurance through the pension Institute

section 486. To transfer the asset share of benefits and entitlements from the defined-contribution system according to §§ 484 para 2 and 3 as well as 485 last has set the pension Institute by way of a call for tenders for the Federal Procurement Act 2006, Gazette I no. 17, until September 30, 2013 is a pension company commitment within the meaning of section 2 No. 1 of the operating pension law and an occupational pension group insurance to select. The public tender must at least refer to following groups:



1 on all beneficiaries of the contribution-oriented system, 2. to all beneficiaries, who are more employed when no Member and their vesting is dormant, and 3rd on all staff of the pension Institute.

Succession of the pension Institute in judicial and administrative proceedings

Section 487 (1) with 1 January 2015 occurs the insurance institution for railroads and mining as the legal successor of the pension Institute in all proceedings still pending before the courts or administrative authorities where the pension institution is party to the procedure.

(2) the insurance institution for railroads and mining is liable as a successor for liabilities of the pension institution up to the amount of the assets transferred to the insurance company.

Inclusion in the supplementary pension insurance of the pension Institute Linz AG

§ 488. The employer companies connected with the pension Institute can apply in consultation with the occupational representation of the contractors until the expiry of the 31 July 2013, that their employees and former employees are included in the additional pension insurance of the pension Institute Linz AG. Such a request is accepted by the Chairman of the pension Department of Linz AG until the expiry of the 15 September 2013, the asset shares of pension rights and entitlements are to transfer by way of derogation from the defined-contribution system of staff and former staff of the recorded structures the §§ 484 and 485 to the pension institution of Linz AG.

Take over the administration of the pension Institute

section 489. The insurance institution for railroads and mining takes over the management of the pension Institute with 1 January 2014. "The function of the / is the senior staff of the pension Institute at this time by the / perceived by the officers of the insurance institution for railroads and mining."

25B. The existing text of § 662 receives the sales designation (1); the following paragraph 2 is added:

"(2) the transfer of grant benefits and entitlements from the defined-contribution system according to the §§ 484 and 485 on ground which is resolution of the pension institution of termination of a pension fund contract equal keep."

25 c. § 545 9 the following paragraph shall be added: "(9) with the execution of the expenses borne b para 6 is article 53 entrusted to the Federal Minister of the Interior. With the execution of the expenses borne according to § 53 para 7 b is the Minister for national defence and sports entrusted."

26. pursuant to section 679, 680 the following section including headline is attached:

"Final provision Article 1 of the Federal Act Federal Law Gazette I no. 139/2013"

680. (1) it come into force:



1 1 July 2013 the §§ 255 par. 3 b, 484-489, including headings and 662 as amended by Federal Law Gazette I no. 139/2013;

2. by 1 August 2013 the sections 123, para 3, 215 para 4 sublit. BB, 216, 264 and 259 section 10 lit. (b) in the version of Federal Law Gazette I no. 139/2013;

3. 1 January 2014 the §§ 49, para 7 Z 2, 66, 139 para 6, 307 h including heading and 414 as amended by Federal Law Gazette I no. 139/2013;

4. by 1 January 2015 § 67a para 4 No. 2, paragraph 5a, subsection 6 Z 1, paragraph 6a and 8a para, 67 c para 1 and 2, 67e heading and 112a as amended by Federal Law Gazette I no. 139 / 2013.

(2) article 217, paragraph 2 occurs with expiry of the 31 July 2013 override."

Article 2

Amendment of the commercial law on social insurance

The commercial Social Security Act, Federal Law Gazette No. 560/1978, as last amended by Federal Law Gazette I no. 86/2013, is amended as follows:

1 in § 4 para 1 the fifth replaces Z 7 ninth set the following records:


"The exception in the calendar year is retroactively claimed so she starts with the first of the calendar month following the submission of the provided services from the health or pension insurance were already involved in the calendar year. For the duration of child care money cover or raising children according to § 3 para 3 Z 4 is independent of the requirements of lit. a, b, and c the submission; the first movement is to apply, that of the calendar year only those calendar months shall be replaced, for which the exception is encountered; According to the number of calendar months are to minimize the revenue and income limit and face only the income achieved during these months and sales to these border amounts; the exception can be determined only for those months in which at least for a day childcare allowance is involved or is a parenting time; In addition the fourth rate applies for the beginning of the exception;"

2. paragraph 83 subsection 3:

"(3) stepchildren of a person are biological children derived not from her, their spouses, their spouse / registered partner or her registered partner, and that even if the other biological parent of the child is still alive. The Stiefkindschaft continues after dissolution or annulment of marriage substantiating or of the registered partnership."

3. § 133 paragraph 2b is:

"(2B) activities after para 2a No. 4 are light activities carried out at average time pressure and in sitting position." Activities are also considered primarily exercised in sitting posture, when they are interrupted by interim change of attitude."

4. paragraph 137:

"§ 137. The provisions on the Witwen(Witwer)pension are the §§ 136, 145 and 146 survivors registered partners and registered partnerships according to the EPG by analogy to apply."

5. in section 145, section 10 lit. b is inserted after the word "together" the expression "or as a stepchild".

6. in paragraph 194, the point will be replaced at the end of the Z 4 with a semicolon; following Z 5 is added:



"5. § 414 not to apply paragraph 2 and 3 of the ASVG is."

7. after section 352, the following section 353 and heading is attached:

"Final provision to article 2 of the Federal Act Federal Law Gazette I no. 139/2013"

section 353. It will take effect:



1. with 1 July 2013 the §§ 4 para 1 Z 7 and 133 paragraph 2 b as amended by Federal Law Gazette I no. 139/2013;

2. by 1 August 2013 the §§ 83, para 3, 137-145, par. 10 lit. (b) in the version of Federal Law Gazette I no. 139/2013;

"3. with 1 January 2014 § 194 Nos. 4 and 5 as amended by Federal Law Gazette I no. 139/2013."

Article 3

Change of the farmers social insurance law

The peasants Social Security Act, Federal Law Gazette No. 559/1978, as last amended by Federal Law Gazette I no. 86/2013, is amended as follows:

1. paragraph 78 para 3:

"(3) stepchildren of a person are biological children derived not from her, their spouses, their spouse / registered partner or her registered partner, and that even if the other biological parent of the child is still alive. The Stiefkindschaft continues after dissolution or annulment of marriage substantiating or of the registered partnership."

2. Article 124 paragraph 1b is:

"(1B) activities according to § 1a No. 3 are light activities carried out at average time pressure and in sitting position." Activities are also considered primarily exercised in sitting posture, when they are interrupted by interim change of attitude."

3. paragraph 128:

"§ 128. The provisions on the Witwen(Witwer)pension are the §§ 127, 136 and 137 survivors registered partners and registered partnerships according to the EPG by analogy to apply."

4. in section 136, section 10 lit. b is inserted after the word "together" the expression "or as a stepchild".

5. in the 149o section para 3 sublit. BB the expression "or as a stepchild" inserted after the word "together".

6 paragraph 149q paragraph 2 shall be repealed.

7 paragraph 149t:

"§ 149 t." The provisions on the Witwen(Witwer)rente are after the sections 149o to 149q and 149 s survivors listed by partner/partners and registered partnerships according to the EPG by analogy to apply."

8. in section 182, the point will be replaced at the end of the No. 6 with a semicolon; following no. 7 is added:



"7 § 414 not to apply paragraph 2 and 3 of the ASVG is."

9 according to article 344, 345 the following section including headline is attached:

"Final provision to article 3 of the Federal Act Federal Law Gazette I no. 139/2013"

345. (1) it come into force:



1. with 1 July 2013 article 124, paragraph 1 (b) in the version of Federal Law Gazette I no. 139/2013;

2. August 1, 2013 the § 78 para 3, 128, 136 para 10 lit. b, 149o para 3 sublit. BB and t 149 as amended by Federal Law Gazette I no. 139/2013;

3. with 1 January 2014 section 182 Z 6 and 7 as amended by Federal Law Gazette I no. 139/2013.

(2) § 149q occurs at the end of the 31st July 2013 override. para 2"

Article 4

Change of officers sick and accident insurance act

The officials-sick and accident insurance Act, Federal Law Gazette No. 200/1967, as last amended by Federal Law Gazette I no. 86/2013, is amended as follows:

1. in article 56, after paragraph 2, the following paragraph 2a is inserted:

"(2a) stepchildren of a person are biological children derived not from her, their spouses, their spouse / registered partner or her registered partner, and that even if the other biological parent of the child is still alive. The Stiefkindschaft continues after dissolution or annulment of marriage substantiating or of the registered partnership."

2. in section 113 para 7 sublit. BB the expression "or as a stepchild" inserted after the word "together".

3. § repeals 114 para 2.

4. section 114a is as follows:

"§ 114a. The provisions on the Witwen(Witwer)rente are the sections 112 to 114 and 116 survivors listed by partner/partners and registered partnerships according to the EPG by analogy to apply."

5. paragraph 129:

"article 129. As regards the procedure for the implementation of this federal law is the seventh part of the general social security law with the proviso that



1 on the request of petition or the official approval of other performance from public servant - accident insurance except a performance according to § 88 subpara 1 lit. b in any case is a decision to adopt;

2. § 414 not to apply paragraph 2 and 3 of the ASVG is."

6. after section 236, 237 the following section including headline is attached:

"Final provision to article 4 of the Federal Act Federal Law Gazette I no. 139/2013"

237. (1) it come into force:



1. August 1, 2013 the sections 56 para 2a, 113 paragraph 7 sublit. BB and 114a in the version of Federal Law Gazette I no. 139/2013;

2. by 1 January 2014 article 129, as amended by Federal Law Gazette I no. 139/2013.

(2) occurs at the end of the 31st July 2013 override. Article 114, paragraph 2"

Article 5

Amendment of notary Insurance Act 1972

The notary Insurance Act 1972, Federal Law Gazette No. 66/1972, as last amended by the Federal Act Federal Law Gazette I no. 86/2013, is amended as follows:

1. paragraph 54:

"§ 54a. "The provisions on the Witwen(Witwer)pension after the sections 54, 55 and 56 are on survivor's registered partners and civil unions after the registered partnership Act (EPG), Federal Law Gazette I no. 135/2009, by analogy to apply."

2. in section 55, paragraph 6 sublit. BB the expression "or as a stepchild" inserted after the word "together".

3. paragraph 65 paragraph 1:

"(1) as regards the procedure for the implementation of this federal law is the seventh part of the General Social Insurance Act (ASVG) with the proviso that"



1. when a service crash of a candidates / / the coming as employer/Dienstgeberin considering notary/notary public, in a service crash a notary / a notary public of they themselves or if a notary public / a notary public was killed as a result of an accident of the service, the qualifying widow / the eligible widower or eligible orphan of the insurance institution to display the service accident within 30 days has a notary candidate; § 363 ASVG is not applicable;

2. § 414 not to apply paragraph 2 and 3 of the ASVG is."

4. According to section 119, 120 the following section including headline is attached:

"Final provision to article 5 of the Federal Act Federal Law Gazette I no. 139/2013"

section 120. It will take effect:



1. with 1 August 2013, the §§ 54 and 55 par. 6 sublit. BB in the version of Federal Law Gazette I no. 139/2013;

"2. with 1 January 2014 article 65 paragraph 1 as amended by Federal Law Gazette I no. 139/2013."

Article 6

Change of the worker dispatch law

The worker dispatch law, BGBl. No. 107/1979, amended by Federal Law Gazette I no. 100/2002, is amended as follows:

1. paragraph 2 paragraph 2:


"(2) workers and workers of railways within the meaning of § 1 Nos. 1 and 2 of the Railway Act 1957, BGBl. No. 60, which are covered in additional pension insurance of the pension Institute for traffic and public facilities are additional pension benefits that go beyond services proper from the legal pension insurance, included in the clearance. Notwithstanding, Nos. 1 and 2 of the Railway Act are workers and workers of railways within the meaning of § 1 1957 additional pension benefits



1. from 1 January 2014 from entitlements under section 481 ASVG, 2. from 1 January 2021 from contributions of the employer-based pension rights in accordance with § 481 ASVG, which go beyond the proper statutory pension insurance services, in the dispatch included."

2. in article VII, 2 b the following paragraph 2 c is inserted after paragraph:

"(2c) § 2 para 2 as amended by Federal Law Gazette I no. 139/2013 1 January 2014 into force."

Article 7

Amendment to the unemployment insurance act of 1977

The unemployment insurance Act 1977, BGBl. No. 609/1977, as last amended by Federal Law Gazette I no. 138/2013, is amended as follows:

1. paragraph 23 paragraph 4:

"(4) the claim may be asserted by a representative or a representative and rests violates article 16 par. 1 lit. (c) not during the placement in a medical or care institution and violates article 16 par. 1 lit. (g) not during the stay abroad reported to the regional office. Individuals who cannot pay claim from an upright service relationship and their entitled to sickness benefit is exhausted, Z is when applying for a performance referred to in paragraph 1 to assume 1 unemployment. In persons who are considered unemployed pursuant to the last sentence and persons whose entitled to unemployment benefit (welfare) because of the accommodation in a medical or care institution rests and their entitled to sickness benefits exhausted, is under the condition that the person concerned as soon as possible the review undergoing up to the existence of the corresponding opinion according to para 3 of them to go out ", that ability to work does not exist."

 

 

 

138 the following paragraph is added to section 2. 79:

"(138) § 23 paragraph 4 as amended by Federal Law Gazette I no. 139/2013 effective retrospectively with 1 January 2013."

Fischer

Faymann