Verwaltungsgerichtsbarkeits Adjustment Law Social Security

Original Language Title: Verwaltungsgerichtsbarkeits-Anpassungsgesetz – Sozialversicherung

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_87/BGBLA_2013_I_87.html

87. Federal law, with which the General Law on social security, the commercial social security law, the farmers social insurance law, the officials-sick and accident insurance Act, the notary Insurance Act 1972 and the night heavy labour law be changed (Verwaltungsgerichtsbarkeits adjustment Act social security)

The National Council has decided:

Table of contents



Article



Item 1 amendment to the General Social Security Act 2 amendment of the commercial Social Security Act 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 night heavy work Act article 1

Change of the General Social Insurance Act (80th amendment of the ASVG)

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

1 in § 5 par. 1 Z 12 is "by the independent Administrative Senates" by the expression "a State administrative court" the expression and the expression "Exercise of the membership to the independent administrative panel of appeal" is replaced by "Exercise these membership".

2. in the section 110, paragraph 1, the expression "Administrative courts," is inserted before the word "Administrative" Z 2.

3. in section 111a first set replaced the expression "Appeal and complaint" by the expression "Appeal to the regional administrative court and revision".

4. in the section 308 subsection 4 second sentence is replaced by the expression "the district administrative court" the expression "independent administrative Senate" by the expression "land court" and the expression "of the independent Administrative Tribunal".

5. in the section 311 paragraph 1 second sentence is replaced by the expression "land court" the expression "independent administrative panel of appeal".

6 § 357 shall be repealed.

7 § 358 including heading is as follows:

"Detection of birth data

§ 358. The first written indication of the insured against the insurer is to be used for determining the date of birth of the insured person. The respondent date of birth may be derogated from only, if 1 the competent insurance institution, that is an obvious typo or 2 resulting a different birth date from a document, whose original has been issued before the date of the first indication of the insured against the insurer."

8 § 359 para 5 last sentence reads:

"Appeal to the Federal Administrative Court and appeal to the Administrative Court is allowed against decisions on reimbursement of costs in proceedings in administrative matters."

9. the heading to § 360a is as follows:

"Information on administrative courts"

10. in § 360a first sentence is replaced by the expression "The Federal Administrative Court and the administrative courts of the countries requested" the expression "the independent Administrative Senates in other countries at their request".

11. According to § 360a, 360 the following section is inserted b together with heading:

"Application of the AVG

§ are 360 b. (1) on the procedure of insurance carriers in terms of power not to apply the following provisions of the AVG: - §§ 1 to 5 over jurisdiction, – § 18 par. 5 let errands, - the articles 19 and 20 of loads, - the sections 34 to 36 on order and courage will penalties - § 36a about nationals - the sections 37, 38a, 39 and 40 to 44 g about purpose and course of the investigation, the §§ 45-53a and 54 and 55 on evidence , - the sections 56 and 57 of the issuing of decisions, the section 58a and 62 paragraph 1 to 3 on content and form of notices, the §§ 63 to 68 on the protection of rights, section 73 of the decision-making responsibility and--the sections 74 to 79 of the costs.

(2) is 6 AVG on the exercise of the jurisdiction to apply that section 361 para 4 of this federal law shall remain unaffected."

12 according to § 362, 362a the following paragraph with heading shall be inserted:

'Assessment of the facts of the case

Article 362a. (1) the insurance carrier can hear parties, other stakeholders and respondents to the determination of the facts of the case. To invite a person no comply with the cargo or she denied the statement, the insurance carrier may request the locally competent for your place of residence District Court questioned.

(2) the district courts shall have referred to in paragraph 1 to comply with a request; they have applying the otherwise applicable rules of procedure."

13. in section III of the seventh part eliminates the heading (positioned according to § 408)

' 1. under section

Procedure before the insurers'

14 § repeals 410 paragraph 2.

15. in section 411, second half-sentence is according to the expression "in the proceedings before" the expression "the Federal Administrative Court or" inserted.

16 paragraph 412 together with the heading:

"Decisions on the Versicherungs(Leistungs)Zugehörigkeit and competence

Section 412 (1) the Federal Minister for labour, Social Affairs and consumer protection decides to affiliation or insurance jurisdiction in the pension insurance through the service affiliation or performance competence, at the request of a participating insurance carrier, any other party, or a court, if are in doubt or dispute, a person which insurance is insurance or belong to the performance or which insurance institution for them is insurance or service responsible.

(2) the final decision about the insurance authority acts in health insurance only for future employee contributions benefits and future incoming claims.

(3) in proceedings about performance things of Versicherungs(Leistungs)Zugehörigkeit or Versicherungs(Leistungs)Zuständigkeit may be decided not on the questions as preliminary issues. The insurance carrier or the Court has instead up to the legal force of the decision to suspend (to break) proceedings at the Federal Ministry of labour, to stimulate Social Affairs and consumer protection and its own procedures. Suspensory effect can not be detected for an appeal against the suspension order.

(4) in the cases of paragraph 1, the Federal Minister has for labour, Social Affairs and consumer protection the preliminary implementation and, if not pending judicial proceedings, to transfer an insurance institution eligible services discretion up to the legal force of the decision. The insurance institution entrusted with the preliminary implementation of the insurance has carefully to take care that the extent of provisional power conferred upon it to provide does not exceed the estimated final performance. Judicial proceedings is pending, shall mutatis mutandis apply ASGG after the transfer of the execution of insurance an insurance carrier by the Federal Minister for labour, Social Affairs and consumer protection, these insurers of defendant and him to section 74, paragraph 2. The provisional contributions and benefits are to be on the final contributions and benefits. The insurance institutions have to be settled within three months after the decision on the jurisdiction or allegiance dispute with each other.

(5) paragraphs 1 to 4 shall apply mutatis mutandis in relation to the special insurance (§ 2 para. 2).

"(6) in cases of paragraph 1, relating to matters of health and accident insurance, the Federal Minister for labour, Social Affairs and consumer protection before deciding to make the agreement with the Federal Minister of health has."

17. in section III of the seventh part eliminates the heading (placed after paragraph 412)

"2. under section

Proceedings before the administrative authorities"

18 § 413 including heading is as follows:

"Decisions on disputes between insurers (and the Central Association)

Section 413 (1) disputes between insurers in administrative matters, except disputes according to article 412, paragraph 1, as well as disputes between the Association and the insurers chooses the Federal Minister for labour, Social Affairs and consumer protection, the Federal Minister as far as it is but to matters of health and accident insurance health.

(2) in matters which fall within the sphere of competence of the two Federal Ministers, the Federal Minister for labour, Social Affairs and consumer protection decides in consultation with the Federal Minister of health.

(3) through the initiation of proceedings pursuant to par. 1 to decide on payment obligations these obligations are not inhibited."

19 paragraph 414 along with heading:

"Appeal to the Federal Administrative Court

section 414. Notices the insurance carrier or the Federal Minister of labour, Social Affairs and consumer protection or the Federal Minister of health in terms of management and breach of their (his) obligation of decision in administrative matters may be raised against appeal to the Federal Administrative Court."

20 § 415 including heading is as follows:

"Revision


§ 415. The Federal Minister for labour, Social Affairs and consumer protection can against decisions of the Handelshof on compulsory coverage, except in the cases of § 11 paragraph 2, first sentence or permission to continue - or auto insurance at the Administrative Court for unlawfulness elevate revision. It's a matter of health or accident insurance, the right of revision in these cases is to the Federal Minister of health. In matters which fall within the sphere of competence of the two Federal Ministers, the Federal Minister for labour, Social Affairs and consumer protection before the revision has to make the agreement with the Federal Minister of health."

21 paragraph 416 along with heading:

"Annulment of decisions

§ 416. (1) the Federal Minister for labour, Social Affairs and consumer protection can decisions of insurers in administrative matters that decide the provisions on compulsory coverage, the permission to the next and auto insurance, about the Versicherungs(Leistungs)Zugehörigkeit or the Versicherungs(Leistungs)Zuständigkeit object, tell about Z 4 AVG as null and void within the meaning of § 68 para 4 and in this case in the thing itself. It's a matter of health or accident insurance, this right is to the Federal Minister of health. In matters which fall within the sphere of competence of the two Federal Ministers, the Federal Minister for labour, Social Affairs and consumer protection before the annulment and the decision on the merits has to make itself the agreement with the Federal Minister of health.

(2) in the case of annulment, no payment and no Radebe set of insurance premiums or insurance services takes place. Times for the to the delivery of the notification about the annulment contributions to pension insurance are provided, periods of contribution insurance are considered."

22. the § § 417 and 417a shall be repealed.

23. under section 452 452a the following paragraph with heading shall be inserted:

"Appeal to the Federal Administrative Court

§ 452a. Against decisions of the supervisory authority and breach of their duty of decision appeal to the Federal Administrative Court may be raised."

24. under § 545, 545a the following paragraph with heading shall be inserted:

"Execution in the Federal Administration

§ 545a. The Federal Minister for labour, Social Affairs and consumer protection and the Federal Minister for health get the sections 412, 414 and 452a nearest Federal Administration. the tasks"

25. According to § 672 673 the following paragraph with heading is added:

"Final provision Article 1 of the Federal Act Federal Law Gazette I no. 87/2013 (80th novel)"

673 (1) § 5 par. 1 Z 12, 110 paragraph 1 Z 2, 111a, 308 para 4, 311 subsection 1, 358 including heading, 359 para 5, 360a heading and first sentence, 360 b heading, 362a heading, 411, 412 and heading, 413 including heading, 414 along with heading, 415 including heading, 416 heading, 452a heading and 545a including heading as amended by Federal Law Gazette I no. 87/2013 with 1 January 2014 into force.

Kick (2) the subdivision of section III of the seventh part along with headings, as well as the paragraphs 357, 410 paragraph 2, 417 and 417a upon the expiry of the 31 December 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. 3/2013, is amended as follows:

1. in the section 46, paragraph 1, the expression "Administrative courts," is inserted before the word "Administrative" Z 2.

1a. In article 194 Z 4 the expression does not apply "in connection with section 410 paragraph 2 ASVG".

2. According to § 224, 224a the following paragraph with heading shall be inserted:

"Appeal to the Federal Administrative Court

section 224a. Against decisions of the supervisory authority and breach of their duty of decision appeal to the Federal Administrative Court may be raised."

3. According to § 254, 254a the following paragraph with heading shall be inserted:

"Execution in the Federal Administration

Article 254a. "The Federal Minister for labour, Social Affairs and consumer protection and the Federal Minister of health to get the tasks according to the sections 412 and 414 ASVG in conjunction with § 194 of this Federal Act and section 224a in immediate Federal Administration."

4. after article 348, 349 the following section including headline is attached:

"Final provision to article 2 of the Federal Act Federal Law Gazette I no. 87/2013"

section 349. I no. 87/2013 will take the articles 46, paragraph 1 Z 2, 194 Z 4, 224a heading and 254a and heading as amended by Federal Law Gazette 1 January 2014 effect."

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. 3/2013, is amended as follows:

1. in article 44 paragraph 1, the expression "Administrative courts," is inserted before the word "Administrative" Z 2.

2. According to § 212, 212a the following paragraph with heading shall be inserted:

"Appeal to the Federal Administrative Court

Article 212a. Against decisions of the supervisory authority and breach of their duty of decision appeal to the Federal Administrative Court may be raised."

3. According to § 241, 241a the following paragraph with heading shall be inserted:

"Execution in the Federal Administration

§ 241a. "The Federal Minister for labour, Social Affairs and consumer protection and the Federal Minister of health to get the tasks according to the sections 412 and 414 ASVG in conjunction with section 182 of this federal law, as well as article 212a in immediate Federal Administration."

4. According to article 340, 341 the following paragraph with heading is attached:

"Final provision to article 3 of the Federal Act Federal Law Gazette I no. 87/2013"

§ 341. I no. 87/2013 will take the § 44 par. 1 Z 2, 212a with heading and 241a and heading as amended by Federal Law Gazette 1 January 2014 effect."

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. 3/2013, is amended as follows:

1. According to § 157, the following section 157a and heading shall be inserted:

"Appeal to the Federal Administrative Court

section 157a. Against decisions of the supervisory authority and breach of their duty of decision appeal to the Federal Administrative Court may be raised."

2. According to section 171, the following article 171a including heading shall be inserted:

"Execution in the Federal Administration

section 171a. "The Federal Minister for labour, Social Affairs and consumer protection and the Federal Minister of health to get the tasks according to the sections 412 and 414 ASVG in conjunction with § 129 of this federal law, as well as article 157a in immediate Federal Administration."

3. after section 232, 233 the following section including headline is attached:

"Final provision to article 4 of the Federal Act Federal Law Gazette I no. 87/2013"

section 233. I no. 87/2013 will take the §§ 157 together with heading and 171a and heading as amended by Federal Law Gazette 1 January 2014 effect."

Article 5

Amendment of notary Insurance Act 1972 (14 amendment to the NVG 1972)

The notary Insurance Act 1972, BGBl. No. 66, last amended by Federal Law Gazette I no. 64/2010, is amended as follows:

1. after section 84 the following § 84a and heading shall be inserted:

"Appeal to the Federal Administrative Court

§ 84a. Against decisions of the supervisory authority and breach of their duty of decision appeal to the Federal Administrative Court may be raised."

2. after section 100, the following article 100a and heading shall be inserted:

"Execution in the Federal Administration

section 100a. "The Federal Minister for labour, Social Affairs and consumer protection concerned the tasks according to the sections 412 and 414 ASVG in conjunction with § 65 of this federal law, as well as § 84a in immediate Federal Administration."

3. According to section 117, 118 the following section including headline is attached:

"Final provision to article 5 of the Federal Act Federal Law Gazette I no. 87/2013 (14th Amendment)"

§ 118. I no. 87/2013 will take the § 84a heading and 100a and heading as amended by Federal Law Gazette 1 January 2014 effect."

Article 6

Change of the night heavy work Act

The night heavy work Act, Federal Law Gazette No. 354/1981, as last amended by Federal Law Gazette I no. 3/2013, is amended as follows:

1. Article XII, paragraph 2 reads:

"(2) on the administrative proceedings in the sense of paragraph 1 are the provisions of the seventh part of the general social security law to apply."

2. in article XII, paragraph 3, second sentence is the expression "in the administrative procedure".

3. Article XIV the following paragraph 9 is added:

"(9) article XII, paragraph 2 and 3 in the version of Federal Law Gazette I 87/2013 is no. 1 January 2014 into force."

Fischer

Faymann