Verwaltungsgerichtsbarkeits Adjustment Law Social Security

Original Language Title: Verwaltungsgerichtsbarkeits-Anpassungsgesetz – Sozialversicherung

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87. Federal Law, with which the General Social Security Act, the Industrial Social Security Act, the Farmers-Social Insurance Act, the Official Health and Accident Insurance Act, the Notarinsurance Act 1972 and the Night-heavy labour law is amended (Administrative Court Adaptation Act-Social Security)

The National Council has decided:

table of contents

Item

Subject matter

1

Amendment of the General Social Insurance Act

2

Amendment of the Industrial Social Insurance Act

3

Amendment of the Farmers-Social Security Act

4

Amendment of the Staff Regulations-Health and Accident Insurance Act

5

Amendment of the Notarinsurance Act 1972

6

Amendment of the Nightweightwork Act

Article 1

Amendment of the General Social Security Act (80). Novelle to the ASVG)

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

1. In § 5 (1) Z 12, the term " "from independent administrative senates" by the expression "a regional administrative court" and the expression "Exercising membership to the independent administrative Senate" by the expression "exercising this membership" replaced.

2. In § 110 (1) (2) (2), before the word "Managing Authorities" the expression "Administrative Courts," inserted.

(3) In § 111a first sentence, the expression "Appeal and appeal" by the expression "Complaint to the State Administrative Court and Revision" replaced.

4. In § 308, para. 4, second sentence, the expression "independent administrative senate" by the expression "State Administrative Court" and the expression "the independent administrative council" by the expression "the State Administrative Court" replaced.

5. In § 311 (1) second sentence, the expression "independent administrative senate" by the expression "State Administrative Court" replaced.

6. § 357 is repealed.

§ 358 with headline reads:

" Identification of birth dates

§ 358. In order to determine the date of birth of the insured person, the first written indication of the insured person is to be used in relation to the insurance institution. The date of birth determined in this way shall only be allowed to deviate if:

1.

the competent insurance institution determines that there is an obvious typing error, or

2.

a document, the original of which was issued before the date of the first indication of the insured person against the insurance institution, results in a different date of birth. "

8. § 359 (5) last sentence reads:

"Complaints to the Federal Administrative Court and a revision to the Administrative Court are admissible against a modest degree of reimbursement of costs in the proceedings in administrative matters."

9. The heading to § 360a is:

" Information on administrative courts "

10. In § 360a of the first sentence, the expression "the independent administrative authorities in the countries at their request" by the expression "the Federal Administrative Court and the Administrative Courts of the Länder at the request" replaced.

11. In accordance with § 360a, the following § 360b with headline is inserted:

" Application of the AVG

§ 360b. (1) The following provisions of the AVG shall not apply to the procedure of insurance institutions in performance matters:

-

§ § 1 to 5 on jurisdiction,

-

Section 18 (5) on defamation charges,

-

§ § 19 and 20 on Ladungen,

-

§ § 34 to 36 on orders for orders and mutwills,

-

Section 36a on relatives,

-

§ § 37, 38a, 39 and 40 to 44g on the purpose and course of the investigative procedure,

-

§ § 45 to 53a and 54 and 55 on evidence,

-

§ § 56 and 57 on the issue of the release of the seizage,

-

Articles 58a and 62 (1) to (3) on the content and form of the shields,

-

§ § 63 to 68 on the legal protection,

-

Section 73 on the obligation to take decisions and

-

§ § 74 to 79 on costs.

(2) § 6 AVG on the exercise of jurisdiction shall be applied in such a way that Section 361 (4) of this Federal Law remains unaffected. "

12. In accordance with § 362 the following § 362a shall be inserted with the title:

" Determination of the facts

§ 362a. (1) The insurance institutions may hear parties, other interested parties and persons of information to determine the facts. If the person to be held responsible does not comply with the charge or refuses to make the statement, the insurance institution may request the local district court, which is locally responsible for the place of residence, to take part in the hearing.

(2) The District Courts shall have to comply with a request pursuant to paragraph 1; they shall apply the procedural rules which are otherwise applicable to them. "

13. In Section III of the Seventh Part, the title (placed in accordance with § 408) shall be omitted.

" 1. Subsection

Procedures in front of insurance institutions "

14. § 410 (2) is repealed.

15. In § 411 of the second half-sentence, after the expression "in the procedure before" the expression "the Federal Administrative Court or" inserted.

16. § 412 with headline reads:

" Decisions on the insurance (performance) membership and competence

§ 412. (1) The Federal Minister for Labour, Social Affairs and Consumer Protection shall decide on the insurance membership or insurance status, in the pension insurance also on the service of performance or performance, on request a participating insurance institution, another party or a court, where there is doubt or dispute over which insurance a person is an insurance or a performing person, or which insurance institution is responsible for the insurance is in charge of insurance or performance.

(2) The final decision on insurance jurisdiction shall only be effective in the case of sickness insurance for future contributions and in the future insurance cases that enter into force in the future.

(3) In the case of performance matters, the questions relating to insurance (performance) or insurance (performance) must not be decided as preliminary questions. On the contrary, the insurance institution or the court has to initiate proceedings with the Federal Minister for Labour, Social Affairs and Consumer Protection and to suspend (disrupt) the own procedure until the legal force of the decision is reached. Suspensive effect cannot be attributed to a recourse against the interruption decision.

(4) In the cases referred to in paragraph 1, the Federal Minister for Labour, Social Affairs and Consumer Protection has the provisional implementation and, if a court proceedings are not pending, the provision of the eligible benefits to the legal force the decision to transfer the decision to an insurance institution at its discretion. The insurance institution responsible for the provisional implementation of the insurance shall take care to ensure that the extent of the provisional performance transferred to it does not exceed the expected final performance. If a court proceedings are pending, then after the transfer of the insurance to an insurance institution by the Federal Minister of Labour, Social Affairs and Consumer Protection, this insurance institution shall also be defendant and in accordance with Section 74 (2) of the ASGG. The preliminary contributions and benefits are to be calculated on the basis of the final contributions and benefits. Within three months, the participating insurance institutions shall be responsible for taking the decision on the dispute over the jurisdiction or the membership dispute.

(5) Paragraph 1 to 4 shall also apply in proportion to the special insurance policies (§ 2 para. 2).

(6) In cases of paragraph 1, which affect matters relating to sickness and accident insurance, the Federal Minister of Labour, Social Affairs and Consumer Protection has to establish the agreement with the Federal Minister for Health before the decision. "

17. In Section III of the Seventh Part, the title (placed in accordance with § 412) shall be omitted.

" 2. Subsection

Proceedings before the managing authorities "

18. § 413 together with headline reads:

" Decisions on disputes between insurance institutions (and the main body)

§ 413. (1) The Federal Minister for Labour, Social Affairs and Social Affairs decides on disputes between insurance institutions in administrative matters, with the exception of disputes in accordance with § 412 (1), as well as disputes between the main association and the insurance institutions. Consumer protection, however, as far as matters relating to health and accident insurance are concerned, the Federal Minister for Health.

(2) In matters which fall within the scope of the two Federal Ministers, the Federal Minister for Labour, Social Affairs and Consumer Protection shall decide in agreement with the Federal Minister for Health.

(3) The initiation of proceedings in accordance with paragraph 1 on the decision on payment obligations shall not hamper those obligations. "

19. § 414 together with the title is:

" Appeal to the Federal Administrative Court

§ 414. Against a modesty of the insurance institutions or the Federal Minister of Labour, Social Affairs and Consumer Protection or the Federal Minister for Health in Administrative Matters and for breach of their (his) decision-making obligation in administrative cases can A complaint to the Federal Administrative Court shall be lodged. "

20. § 415 with headline reads:

" Revision

§ 415. The Federal Minister of Labour, Social Affairs and Consumer Protection can oppose decisions of the Federal Administrative Court on the obligation to take insurance, except in the cases of § 11 para. 2 first sentence, or on the entitlement to continue or Self-assurance in the Administrative Court for an unlawfulness revision. If this is a matter of sickness or accident insurance, the right of revision in these cases shall be the subject of the Federal Minister of Health. In matters that fall within the scope of both federal ministers, the Federal Minister for Labour, Social Affairs and Consumer Protection has to establish the agreement with the Federal Minister of Health before the revision of the revision. "

21. § 416 together with headline reads:

" Annulment of sheids

§ 416. (1) The Federal Minister for Labour, Social Affairs and Consumer Protection may decide to charge the insurance institutions in administrative matters concerning the provisions on insurance obligations, on the entitlement to further and self-insurance, on the insurance requirements, on the In the sense of Section 68 (4) (4) (4) of the AVG, the insurance (performance) or the insurance (performance) is contrary to the jurisdiction of the person or the insurance (performance) is to be annulled and in this case decide in the case itself. If this is a matter of sickness insurance or accident insurance, this right shall be granted to the Federal Minister of Health. In matters which fall within the scope of the two Federal Ministers, the Federal Minister for Labour, Social Affairs and Consumer Protection has, before the annulment and the decision on the matter itself, reached agreement with the Federal Minister for To produce health.

(2) In the case of annulment, no repayment or a refund of insurance contributions or insurance benefits shall take place. Periods for which contributions to the pension insurance scheme have been made up to the date of notification of the declaration of invalidity shall be considered as periods of contribution from that insurance. "

22. § § 417 and 417a are repealed.

23. According to § 452, the following § 452a and title is inserted:

" Appeal to the Federal Administrative Court

§ 452a. The Federal Administrative Court may lodge a complaint against a modest supervisory authority and a breach of its decision-making obligation. "

24. According to § 545, the following § 545a with headline is inserted:

" Law enforcement in the immediate federal administration

§ 545a. The Federal Minister of Labour, Social Affairs and Consumer Protection and the Federal Minister of Health are responsible for the tasks according to § § 412, 414 and 452a in the immediate federal administration. "

25. In accordance with § 672, the following § 673 shall be added together with the heading:

" Final provision on Art. 1 of the Federal Law BGBl. I No 87/2013 (80) Novelle)

§ 673. (1) § § 5 (1) Z 12, 110 (1) Z 2, 111a, 308 (4), 311 (1), 358 with title, 359 (5), 360a, title and first sentence, 360b with title, 362a including heading, 411, 412 with title, 413 with headline, 414 together with headline, Heading, 415 with headline, 416 including headline, 452a with headline and 545a together with headline in the version of the Federal Law BGBl. I No 87/2013 will be 1. Jänner 2014 in force.

(2) The subdivision of Section III of the Seventh Part together with the headings as well as § § 357, 410 (2), 417 and 417a shall expire on 31 December 2013. "

Article 2

Amendment of the Industrial Social Insurance Act

The Industrial Social Security Act, BGBl. No 560/1978, as last amended by the Federal Law BGBl. I No 3/2013, shall be amended as follows:

1. In § 46 (1) (2) (2), before the word "Managing Authorities" the expression "Administrative Courts," inserted.

1a. In § 194 Z 4 the term " "in conjunction with § 410 para. 2 ASVG" .

2. In accordance with § 224, the following § 224a and heading is inserted:

" Appeal to the Federal Administrative Court

§ 224a. The Federal Administrative Court may lodge a complaint against a modest supervisory authority and a breach of its decision-making obligation. "

3. In accordance with § 254, the following § 254a shall be inserted together with the heading:

" Law enforcement in the immediate federal administration

§ 254a. The Federal Minister of Labour, Social Affairs and Consumer Protection and the Federal Minister of Health are responsible for the tasks in accordance with § § 412 and 414 ASVG in conjunction with § 194 of this Federal Law and § 224a in the immediate federal administration. "

4. In accordance with § 348, the following § 349 shall be added together with the heading:

" Final provision on Art. 2 of the Federal Law BGBl. I No 87/2013

§ 349. § § 46 (1) Z 2, 194 Z 4, 224a including heading and 254a, together with the title in the version of the Federal Law BGBl. I No 87/2013 will be 1. Jänner 2014 in force. "

Article 3

Amendment of the Farmers-Social Security Act

The farmers social security law, BGBl. N ° 559/1978, as last amended by the Federal Law BGBl. I No 3/2013, shall be amended as follows:

1. In § 44 (1) (2) (2), before the word "Managing Authorities" the expression "Administrative Courts," inserted.

2. In accordance with § 212, the following § 212a together with the heading is inserted:

" Appeal to the Federal Administrative Court

§ 212a. The Federal Administrative Court may lodge a complaint against a modest supervisory authority and a breach of its decision-making obligation. "

3. In accordance with § 241, the following § 241a and heading is inserted:

" Law enforcement in the immediate federal administration

§ 241a. The Federal Minister of Labour, Social Affairs and Consumer Protection and the Federal Minister of Health are responsible for the tasks in accordance with § § 412 and 414 ASVG in conjunction with § 182 of this Federal Law and § 212a in direct federal administration. "

4. In accordance with § 340, the following § 341 shall be added together with the heading:

" Final provision on Art. 3 of the Federal Law BGBl. I No 87/2013

§ 341. § § 44 (1) Z 2, 212a together with the title and 241a together with the title in the version of the Federal Law BGBl. I No 87/2013 will be 1. Jänner 2014 in force. "

Article 4

Amendment of the Staff Regulations-Health and Accident Insurance Act

The Civil And Accident Insurance Act, BGBl. No 200/1967, as last amended by the Federal Law BGBl. I No 3/2013, shall be amended as follows:

1. In accordance with § 157, the following § 157a together with the heading is inserted:

" Appeal to the Federal Administrative Court

§ 157a. The Federal Administrative Court may lodge a complaint against a modest supervisory authority and a breach of its decision-making obligation. "

2. In accordance with § 171, the following § 171a and heading is inserted:

" Law enforcement in the immediate federal administration

§ 171a. The Federal Minister of Labour, Social Affairs and Consumer Protection and the Federal Minister of Health are responsible for the tasks in accordance with § § 412 and 414 ASVG in conjunction with § 129 of this Federal Law and § 157a in direct federal administration. "

3. In accordance with § 232, the following § 233 and title shall be added:

" Final provision on Art. 4 of the Federal Law BGBl. I No 87/2013

§ 233. § § 157a with title and 171a together with the title in the version of the Federal Law BGBl. I No 87/2013 will be 1. Jänner 2014 in force. "

Article 5

Amendment of the Notarinsurance Act 1972 (14). Novelle zum NVG 1972)

The Emergency Insurance Act 1972, BGBl. N ° 66, as last amended by the Federal Law BGBl. I No 64/2010, shall be amended as follows:

1. In accordance with § 84, the following § 84a shall be inserted together with the heading:

" Appeal to the Federal Administrative Court

§ 84a. The Federal Administrative Court may lodge a complaint against a modest supervisory authority and a breach of its decision-making obligation. "

2. In accordance with § 100, the following § 100a and heading is inserted:

" Law enforcement in the immediate federal administration

§ 100a. The Federal Minister for Labour, Social Affairs and Consumer Protection is concerned with the tasks in accordance with § § 412 and 414 ASVG in conjunction with § 65 of this Federal Act as well as § 84a in direct federal administration. "

3. In accordance with § 117, the following § 118 together with the title is added:

" Final determination on Art. 5 of the Federal Law BGBl. I No 87/2013 (14) Novelle)

§ 118. § § 84a together with the title and 100a together with the title in the version of the Federal Law BGBl. I No 87/2013 will be 1. Jänner 2014 in force. "

Article 6

Amendment of the Nightweightwork Act

The Night Gravity Labor Act, BGBl. No 354/1981, as last amended by the Federal Law Gazette (BGBl). I No 3/2013, shall be amended as follows:

1. Art. Article XII (2) reads:

"(2) The proceedings in administrative matters within the meaning of paragraph 1 shall apply the provisions of the seventh part of the General Social Insurance Act."

2. In Art. The second sentence of XII (3) is deleted "administrative procedure" .

3. The Art. The following paragraph 9 is added to XIV:

" (9) Art. XII (2) and (3) in the version of the Federal Law BGBl. I n ° 87/2013 is 1. Jänner 2014 in force. "

Fischer

Faymann