Social Security Amendment Act 2013 - 2013 Sväg

Original Language Title: Sozialversicherungs-Änderungsgesetz 2013 – SVÄG 2013

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_86/BGBLA_2013_I_86.html

86. Federal law that modifies the General Social Insurance Act, the commercial law of social insurance, the farmers social insurance law, the general pension law, the officials-sick and accident insurance Act, the notary Insurance Act 1972, the labour and social courts act, the Pension Act 1965, the Federal Theater Pension Act and the railway pension law (social security Amendment Act 2013 - SVÄG 2013)

The National Council has decided:

Table of contents



Article



Subject 1 amendment to the General Social Security Act 2 change of the commercial law on social insurance 3 amendment to the farmers Social Insurance Act 4 amending the general pension law 5 change of officials-sick and accident insurance Act 6 amendment of the law on notary insurance 1972 7 change of the labour and social Court Act 8 amendment to the Pension Act 1965 9 amendment of the Federal Theatre pension law 10 amendment to the federal railway Pension Act article 1

Change of the General Social Insurance Act (83. amendment to 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. Article 67 paragraph 7 (2) is: "2. the relatives in a straight line and the relatives of second and third degree in the lateral line;"

2. Article 67 paragraph 7 Z 3 is: "3. the in-laws in straight line and the unrelated second cousin in the lateral line;"

3. Article 123 para 2 subpara 2 is: "2. the children and the children of choice;"

4. Article 123 para 2 Nos. 3 and 4 shall be repealed.

5. Article 143c and heading in the version of Federal Law Gazette I no. 3/2013 is:

"Reimbursement of costs

§ 143c. (1) the pension insurance institution have the health insurance bodies for recipients of rehabilitation allowance (article 143a and comparable landesgesetzliche regulations) and - insofar as to contract staff - health care facilities according to § 2 para 1 Z 2 B KUVG the reported actual costs for the rehabilitation allowance, as well as the pro-rata administrative costs to replace.

(2) funds required for the reimbursement of costs compared with the makers of the health insurance are transferred from the pension insurance institution of the Federation. The Association has to share the transferred amount to the insurance carrier in the ratio of their expense for these people. For determining the cost of replacement, the health insurance carrier has to do its own cost centre. The reimbursement shall be made quarterly each until the end of the following month after appropriate accounting.

(3) the reimbursement of costs to the health care facilities is to make by the pension insurance institution for appropriate financial reporting by health care facilities each quarter until the end of the month.

(4) the pension insurance institutions have to pay a flat-rate health insurance fee amounting to 7.65% of the expenses for the rehabilitation allowance to the sickness insurance institution and health care facilities."

6 § 227a para 2 No. 1 is: "1. the children of the insured person;"

7 section 227a para 2 subpara 2 and 3 are repealed.

8 § 252 para 1 subpara 1 is: "1. the children and the choice children of the insured person;"

9 § 252 para 1 Nos. 2 and 3 are repealed.

10. in article 252 paragraph 1, second sentence, is the expression "section 141 ABGB" by the expression "§ 232 ABGB" replaced.

11. the articles 291a be lifted to 291j.

12. after paragraph 367, the following section 367a including heading is inserted:

"Appeal against decisions on the adoption of the first credit of account (additional credit) according to § 15 APG"

section 367a. (1) against decisions of insurers in terms of performance according to § 354 Z 5 opposition can be filed within three months of notification. The opposition has to refer to the decision against which he directed, and to contain a reasoned request for decision. It requires the written form and to introduce the insurance institution, which has adopted the decision. A contradiction that is mounted at the Court is considered appropriate for the insurer and is immediately redirect to this.

(2) the insurer has to decide within one year after the introduction of contradiction with opposition decision. He can change the decision in the sense of contradiction desire on the basis of the objection and any further investigations or supplement. Otherwise, the opposition is the opposition Committee pursuant to paragraph 3 to assess to submit and to decide on that assessment, taking into consideration.

(3) to assess Community trade mark referred to in paragraph 2, third sentence establishes a special Board Committee at the pension insurance institution (opposition Committee). Such a Committee at each landing site can be set up for insurance carriers with landing sites; the local jurisdiction of these committees depends on the place of residence of the person rising opposition.

(4) compulsory coverage, the Insurance Authority, the beginning or the end of the insurance, the decisive contribution basis or the members property is controversial, that is to suspend opposition proceedings until about the procedure in administrative cases is been adjudicated; the time limit referred to in paragraph 2 is inhibited up to the final completion of this procedure. Still no procedure in these matters is pending at the time of the suspension of the pension insurance institution to be decided about the contradiction whose introduction has to apply for; the final decision is to convey to him immediately.

(5) with the existence of a notice of appeal or the expiry of the period referred to in paragraph 2 without issuing a notice of opposition power things become Z 5 according to section 67 ASGG according to § 354 unenforceable."

13 § 459d para 1 No. 6 is repealed.

13A. According to § 459 g the following section VIIId is inserted:

"Section VIIId

Cooperation in cases of reduced ability to work

Interaction of pension insurance institution and employment service

Section 459 h. (1) the pension insurance institution have the labour market service for insured persons who are AlVG unemployed at the time of the request for a performance from the insured event of reduced ability to work according to § 12, to transmit: 1. name, insurance number and address of people who requested a performance from the insured event of reduced ability to work.

2. name, security number and address of those individuals who have not met an arrangement of the insurance carrier pursuant to section 366 para 1

3. the decisions adopted under section 367, para 4.

(2) the pension insurance institution have the opinions of them and findings, which are based on assessing students, the insured person, to deliver the employment service no. 3 with the notification referred to in paragraph 1. By the pension insurance institution under section 366 para 4 found in the context of assessing students that vocational rehabilitation measures are reasonable, so these findings with the results of the career choice are ASVG according to § 305 also to submit the labour market service.

(3) after end of the cover of rehabilitation money have the pension insurance institution for unemployed insured persons (§ 12 AlVG) the opinions of them and findings, which are based on assessing students, to submit the labour market service on request. The pension insurance institution encountered in the context of assessing students according to section 366 para 4, that vocational rehabilitation measures are reasonable, so these findings with the results of the career choice are ASVG according to § 305 also to submit the labour market service on request.

(4) the employment service may use the data transmitted according to the paragraphs 1 to 3 only if the person concerned is a performance after the AlVG or applied for their re-employment promoted AMSG according to § 29 para 4 should be or.

Interaction of pension and medical insurance carriers

section 459i. (1) the pension insurance institution have the competent sickness insurance institution for insured persons who applied for a performance from a claim of reduced ability to work and are entitled to rehabilitation allowance, to transmit: 1 know moderate state that by the sickness insurance institution rehabilitation money to calculate and pay out is;

2. those opinions and observations that underlie the students assessment of the insured person.

(2) for the testing of the Fort cover of rehabilitation money, the health insurance carriers have the opinions of them and findings, which are based on assessing students, to submit the pension insurance institution.

(3) is determined by the pension insurance institution, that persists right to rehabilitation, the opinions of the pension insurance institution and findings, which are based on assessing students, to submit are the health insurance carrier.


(4) is determined by the pension insurance institution, that more is not entitled to rehabilitation allowance, a copy of the ruling with the rehabilitation allowance is withdrawn to submit is the health insurance carrier.

(5) the data transmitted according to the par. 1 to 4 may be used only for determining the existence and the scope of health insurance benefits."

14. According to § 675, 676 the following paragraph and heading is attached:

"Final provisions to article 1 of the Federal Act Federal Law Gazette I no. 86/2013 (83. Amendment)"

676. (1) will it take effect: 1 with 1 January 2014 the § § 143c together with heading, 367a heading and section VIIId of the eighth part in the version of Federal Law Gazette I no. 86/2013;

2. retroactive with February 1, 2013 the §§ 67, para 7 Nos. 2 and 3, 123 para 2 Z 2, 227a para. 2 Z 1 and 252 par. 1 Z 1 and second sentence as amended by Federal Law Gazette I no. 86/2013.

(2) there are override: 1. upon the expiry of the 1 January 2014 the articles 291a to 291j;

2. retroactively at the end of 31 January 2013 paragraphs 123 para 2 Nos. 3 and 4, 227a para 2 Nos. 2 and 3, 252 para 1 Nos. 2 and 3 as well as 459d para 1 No. 6.

(3) the means of hardship compensation funds are to transfer on January 1, 2014 to the bridging aid Fund according to § 44a of the GSVG."

Article 2

Amendment of the commercial Social Security Act (42. amendment of the GSVG)

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 section 3 para 3 3 following Z 3a is inserted in to the Z: '3a.
People who take weekly allowance under this Federal Act insofar as they are not compulsorily insured according to Z 4 or § 2;"

2 Z 7 are attached to in section 4, paragraph 1 the following records:

"the lit is independent of the conditions for the duration of child care money cover. a, b, and c the submission possible. The first movement is to apply, that of the calendar year only those calendar months shall be replaced, for which the exception is encountered. To minimize the revenue and income limit and only the income achieved during these months and sales are facing these border amounts are according to the number of calendar months. The exception can be determined only for those months, childcare allowance is included in which at least for a day. In addition the fourth rate applies for the beginning of the exception;"

3. in the section 4, paragraph 1, the point will be replaced at the end of the No. 9 with a semicolon; following Z 10 shall be added: "10 persons according to § 2 para 1 No. 4, in the period after Article 102a, paragraph 1 self-employment break;" the exception occurs with the display of the interruption to the insurance institution, not earlier than at the beginning of the period according to Article 102a, paragraph 1; She dropped with the resumption of self-employment, at the latest however with the end of the period according to Article 102a para 1."

4. § 6 para 1 sub-para. 5 is: "5. the day after an exception ceases; in abolishing the exception pursuant to § 4 para 1 subpara 1 on the basis of an effective no later than from the end of the week money cover message of the resumption of self-employment, self-employment is; resumed with the first calendar month where Maternity benefit for in Article 102a, paragraph 1 first half-sentence period involved, so compulsory insurance begins at the earliest four calendar months Z 7; after the end of the compulsory insurance pursuant to § 7 para 1"

5. in article 6 para 3 Z 4 receives that lit. d the letter e).

6. in article 6 para 3 Z 4 is the pre-lit. following e lit. (d) inserted: "d) at the in section 3 para 3 Z 3a referred people with the first of the calendar month, in which the reference of week money begins;"

7 § 6 para 3 No. 6 is: "6 the day after an exception ceases; in abolishing the exception pursuant to § 4 para 1 subpara 1 on the basis of an effective no later than from the end of the week money cover message of the resumption of self-employment, self-employment is; resumed with the first calendar month where Maternity benefit for in Article 102a, paragraph 1 first half-sentence period involved, so compulsory insurance starts at the earliest four calendar months Z 6. after the end of the compulsory insurance according to section 7 para 2"

8 § 6 para 4 No. 3 is: "3. the day after an exception ceases; in abolishing the exception according to article 4, paragraph 1 Z 10 due to an effective no later than from the end of the week money cover display of the recovery of self-employment, self-employment; resumed with the first of the calendar month in which Maternity benefit for in Article 102a, paragraph 1 first half-sentence period involved, so the compulsory insurance begins at the earliest four calendar months Z 4. after the end of the compulsory insurance pursuant to § 7 para 4"

9 § 7 para 1 No. 7 is: "7 in the event of an exception reason the last day of the calendar month in which the reason for this exception occurs; "in the event the exemption under section 4 paragraph 1 subpara 1 on the basis of one at the earliest from the occurrence of the insured event of motherhood of effective Ruhendmeldung with the last day of the calendar month preceding the occurrence of the exception event."

10 § 7 para 2 No. 4 is: "4. in the referred to in article 6 para 3 Z 4 persons with the removal of the relevant to the Insurance Act stock where the pension insurance pursuant to section 3 para 3 ends No. 2 anyway, after 14 months of the foreign service and the end of pension insurance pursuant to section 3 para 3 Z 4 in accordance with the provisions of section 116a para 3 is aimed." The in section 3 para 3 Z 3a referred persons compulsory insurance ends with the last day of the calendar month preceding the end of the week money cover. "a compulsory insurance occurs during the cover of weekly allowance pursuant to section 3 para 3 Z 4 or § 2 a, so the insurance ends with the last day of the calendar month prior to this compulsory insurance."

11 § 7 para 2 No. 6 is: "6 in the event of an exception reason the last day of the calendar month in which the reason for this exception occurs; "in the event the exemption under section 4 paragraph 1 subpara 1 on the basis of one at the earliest from the occurrence of the insured event of motherhood of effective Ruhendmeldung with the last day of the calendar month preceding the occurrence of the exception event."

12 § 7 para 4 No. 4 is: "4. in which a reason for this exception occurs; "in the event the exemption under section 4 paragraph 1 Z 10 due to an effective at the earliest from the occurrence of the insured event of motherhood display of interruption of self-employment with the last day of the calendar month preceding the occurrence of the exception event."

13 in the section, the point 18 paragraph 3a is replaced at the end of the Z 4 with a semicolon; following Z 5 is inserted: ' 5. for which according to § 3 para 3 Z 3a obligatory recipients of maternity benefit insurance institution. "

14. in Article 26a, the following sentence is inserted before the last sentence:

"Contribution basis for according to § 3 para 3 Z 3a is obligatory the Dreißigfache of the daily week money according to section 102a paragraph 5."

15 § 27 subpara 1 is: "1. for Teilversicherte according to § 3 para 3 subpara 1 lit. "a and Z 2, 3 and 3A of the Federal Government;"

16 paragraph 35 paragraph 3:

"(3) the determination of the final contribution basis makes a contribution liability, the insured person according to § 25 paragraph 6 it must be in the calendar year that follows determining the final contribution basis to pay in four same instalments respectively on the last of the second month of the calendar quarter. Blaming contribution at the request of the insured person in determining the final contribution basis to pay in following three calendar years 12 same instalments respectively on the last of the second month of the calendar quarter, as far as the final according to § 25 paragraph 6 for the calendar year of the first occurrence of a compulsory insurance and care following post basis two calendar years is determined is by way of derogation from, taking into consideration economic conditions; the application can be made up to March 31 of the calendar year following determining the final contribution basis. Such posts are in any case at the end of that calendar month due, following the end of the compulsory insurance or in which is situated the date of a pension from private pension insurance. At the request of the insured person can, insofar as this appears justified according to their economic circumstances, the contribution debt deferred, or their Abstattung rates approved. A deferral of contribution debt is permissible up to the expiry of one year after the due date. The Abstattung in rates has to be carried out within a year."

17. after section 44, the following article 44a and heading shall be inserted:

"Bridging assistance fund

§ 44a. (1) the insurer has to create a bridging Fund. This Fund, the interim aid is to provide pursuant to paragraph 3.

(2) the bridging aid funds are to be transferred following on 1 January 2014: 1 760 €000 from the support fund under section 44, with the area of health insurance refer to the pension insurance sector and €228 000 532 €000;

2. 760 €000 from the equalisation fund of the hardness in the pension insurance according to section 291a ASVG.


(3) the funds of the bridge financing can be used in particularly worthy of consideration cases, in particular in consideration of family, income and financial circumstances of the person to be supported, for interim aid in the form of grants to the contributions to pension and health insurance in accordance with the guidelines adopted by the Board of directors do so. These guidelines require the approval of the Federal Minister for labour, Social Affairs and consumer protection in consultation with the Federal Minister of health."

18 paragraph 82 paragraph 4:

"(4) the entitlement to compulsory benefits is void unless otherwise in paragraph 5, 6 and 7 is determined, with the end of the insurance."

19 the following paragraph 7 is added to article the 82:

"(7) compulsory insurance on the basis of one ends at the earliest from the occurrence of the insured event of motherhood of effective Ruhendmeldung or display the interruption of the self-employed activity by entry of the exception according to § 4 par. 1 Z 1 or 10, so the entitlement to duty benefits from the insurance cases of sickness, maternity, as well as on services of surgical and conservative treatment of tooth remains upright. The entitlement to maternity benefit according to section 102a is only if the insured on the basis of a self-employment health insurance for at least six months was compulsorily insured before the end of the compulsory insurance under this Federal Act. Eligibility ends in all cases at the latest at the end of the cover of the weekly money according to section 102a."

20 § 83 para 2 subpara 2 is: "2. the children and children of choice;"

21 § 83 para 2 Nos. 3 and 4 shall be repealed.

22 the following records are added § 102 paragraph 5:

"Weekly allowance is also female persons who are at the earliest except Z 1 or 10 of the compulsory insurance in the period according to Article 102a, paragraph 1 on the basis of one from the occurrence of the insured event of motherhood of effective Ruhendmeldung or display the interruption of self-employment according to article 4, paragraph 1, if they were insured before the end of the compulsory insurance at least six months due to a self-employment health insurance under this Federal Act. Considered stated period times of the temporary interruption of the compulsory insurance on the basis of a self-employment in the in the section 102a, paragraph 1 were I no. 103/2001, equated the exercise of gainful social insurance contributions within the meaning of section 24 para 2 of the child care money Act (KBGG), Federal Law Gazette, immediately in the last six calendar months before an economic activity within the meaning of § 24 para 1 2 KBGG actually was exercised Z and no benefits from the unemployment insurance fund."

23 section 116a para 2 No. 1 is: "1. the children of the insured person;"

24 section 116a para 2 subpara 2 and 3 are repealed.

25 section 128 paragraph 1 No. 1 is: "1. the children and the choice children of the insured person;"

26 section 128 paragraph 1 Nos. 2 and 3 are repealed.

27. in section 128 paragraph 1, second sentence, is the expression "section 141 ABGB" by the expression "§ 232 ABGB" replaced.

28. According to § 351, 352 the following section including headline is attached:

"Final provisions to article 2 of the Federal Act Federal Law Gazette I no. 86/2013 (42nd Amendment)"

352. (1) it take effect: 1 with 1 July 2013 § 3 para 3 Z 3a, 4 para 1 Z 7, 9 and 10, 6 para 1 No. 5, para 3 Z 4 lit. d and e, paragraph 3 Nos. 6 and paragraph 4 Z 3, 7 para 1 Z 7 and para. 2 No. 4, para 2 Nos. 6 and paragraph 4 Z 4, 18 par. 3a Nos. 4 and 5, 26a, 27e Z 1, 35 paragraph of 3, 82 para. 4 and 7 and 102 paragraph 5 as amended by Federal Law Gazette I no. 86/2013;

2. retroactive with 1 February 2013 the § 83 para 2 Z 2, 116a para. 2 Z 1 and 128 paragraph 1 Z 1 and second sentence as amended by Federal Law Gazette I no. 86/2013.

(2) § 44a and heading in the version of Federal Law Gazette I 86/2013 is no. 1 January 2014 into force and expiry of the 31 December 2014 override.

(3) §§ 83 para 2 Nos. 3 and 4, 116a para 2 Nos. 2 and 3, as well as 128 paragraph 1 Nos. 2 and 3 occur retroactively upon the expiry of the 31 January 2013 override.

(4) article on the findings of the final contribution basis according to § 25 paragraph 6 to apply 35 para 3 second sentence is in the version of Federal Law Gazette I no. 86/2013, carried out from 1 January 2014."

Article 3

Amendment of the peasants Social Security Act (42. amendment to the BSVG)

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 § 78 para 2 subpara 2 is: "2. the children and the children of choice;"

2. § 78 para 2 Nos. 3 and 4 shall be repealed.

3. section 107a para 2 No. 1 is: "1. the children of the insured person;"

4. section 107a para 2 subpara 2 and 3 shall be repealed.

5. Article 119 para 1 subpara 1 is: "1. the children and the choice children of the insured person;"

6 § 119 subsection 1 Nos. 2 and 3 are repealed.

7. in the section 119, paragraph 1, second sentence, is the expression "section 141 ABGB" by the expression "§ 232 ABGB" replaced.

8. According to § 343 344 the following section including headline is added:

"Final provision to article 3 of the Federal Act Federal Law Gazette I no. 86/2013 (42nd Amendment)"

344. (1) paragraphs 78 para 2 Z 2, 107a para. 2 No. of 1, as well as 119 paragraph 1 Z 1 and second sentence as amended by Federal Law Gazette I no. 86/2013 apply retroactively with February 1, 2013.

"(2) section 78 para 2 Nos. 3 and 4, 107a para 2 Nos. 2 and 3, as well as 119 paragraph 1 Nos. 2 and 3 occur retroactively upon the expiry of the 31 January 2013 override."

Article 4

Amending the general pension law (10 short story to the APG)

The General Pension Act, Federal Law Gazette I no. 142/2004, as last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

1. paragraph 6 ABS. 3:

"(3) exist only insurance months under this Federal Act, that part of credits, which purchased until the end of the calendar year of the completion of the 18th year of life, as well as the related insurance periods only to consider if this is more favourable for the insured person are in the application of paragraph 2."

The following paragraph 4 is added to § 2. 13:

"(4) paragraphs 1 to 3 are not to apply to the initial account credit according to § 15."

3. § 15 para 2 Z 8 in the version of Federal Law Gazette I no. 35/2012 is: "8 is still not down-sized (provisional) contribution bases a) after of the GSVG totalling the respective minimum contribution bases as contribution bases according to § 25 paragraph 2 GSVG to consider GSVG are under application of § 26 ABS. 3 to 5;"

(b) are taken into account after the BSVG in the amount established as of 1 January 2014;

the articles 25, paragraph 7 are GSVG and 23 par. 12 BSVG not applicable in these cases, unless where the pension benefit is claimed to measure of the (provisional) contribution bases throughout."

4. Article 15 par. 4 No. 2 in the version of Federal Law Gazette I no. 35/2012 is: "2. still not to measured (provisional) contribution bases a) after of the GSVG totalling the respective minimum contribution bases as contribution bases according to § 25 paragraph 2 GSVG to consider GSVG are under application of § 26 ABS. 3 to 5;"

(b) are taken into account after the BSVG in the amount established as of 1 January 2014;

the articles 25, paragraph 7 are GSVG and 23 par. 12 BSVG not applicable in these cases, unless where the pension benefit is claimed to measure of the (provisional) contribution bases throughout."

5. in the section 15 para 8 in the version of Federal Law Gazette I no. 35/2012 is the expression "30 June 2014" by the expression "December 31, 2014" replaced.

6 § 15 paragraph 9a first half-sentence as amended by Federal Law Gazette I no. 35/2012 is:

"Were taken into account in determining the initial account credit (provisional) contribution bases in the sense of para 2 Z 2 Z 8 or of paragraph 4"

7 in the section 15 para 10 second sentence as amended by Federal Law Gazette I no. 35/2012 after the word "Supplementary credit" the expression "or a supplementary deduction" inserted.

8. in § 15 paragraph 10 as amended by Federal Law Gazette I no. 35/2012 the following sentence is added:

"The starting amount is higher than the starting amount 2, 1 the total credit writing for 2013 to the 14-fold the difference amount as a supplementary deduction is to diminish; This does not apply b of the Civil Service Act for changes on the basis of child-rearing periods, presence - or training time as well as civil service or foreign service time according to § 12."

9. in article 15 in the version of Federal Law Gazette I no. 35/2012 are according to para 10 following paragraph 10a and 10B:

"(10a) is first set due to changes on the basis of child-rearing periods, presence - or training service time pursuant to paragraph 10, as well as civil service or foreign service time according to § 12 b of the Civil Service Act newly calculated account initial credit lower than the original, is to use them.


(10B) first sentence is contrary to paragraph 10 initial credit account or the total credit font even after the expiry of the 31 December 2016 at subsequent changes by post basics and insurance periods to calculate, if these changes due to an administrative procedure, before January 1, 2017 was initiated and was still not completed at this time. "

10 § 15 paragraph 11 in the version of Federal Law Gazette I no. 35/2012 is:

"(11) by way of derogation by article 367, para. 1 and 2 ASVG are notices about the account first credit only then to be issued, if explicitly required by the person entitled to the account, 1 until expiry of the 31 December 2016 or 2. within three months of the notification of the first credit of the account."

11 § 25 paragraph 3 as amended by Federal Law Gazette I no. 35/2012 is:

"(3) on female insured persons who were born before January 1, 1959, and until the expiry of the 31 December 2013 the eligibility requirements for the early retirement pension according to section 607, paragraph 12 ASVG (§ 298 section 12 GSVG, § 287, par. 12 BSVG) - with the exception of the requirement of the absence of work substantiating the compulsory insurance at the date - meet, is § 5 para 2 in insurance cases with a date after 31 December 2013 so to apply" , the following values appear in the position of 0.35%: 1. for insured persons who were born before 1 January 1956, 0.1%;

2. for insured persons who are 0.14%; born after December 31, 1955, and before January 1, 1957,

3. for insured persons who are 0.17%; born after December 31, 1956 and before January 1, 1958,

4. for insured persons who are born after December 31, 1957 and before January 1, 1959, 0.2%.

12. According to § 25 the following section 26 together with heading is added:

"Final provisions to article 4 of the Federal Act Federal Law Gazette I no. 86/2013 (10th Amendment)"

Section 26 (1) §§ 6 para 3, 13 para of 4, 15 2 Z 8, par. 4 No. 2, paragraph 8 and paragraph 9a of to 11 as well as 25 paragraph 3 as amended by Federal Law Gazette I no. 86/2013 with 1 January 2014 into force.

(2) entitlement to a pension on 1 January 2014 from a claim of reduced ability to work or the insured event of incapacity for work, the account first credit is the 14-fold the pension benefits due on 31 December 2013 notwithstanding § 15 in force on January 1, 2014.

(3) in the cases of paragraph 2 during the claim for a pension benefit from a claim of reduced working capacity or incapacity times of compulsory insurance in the pension insurance purchased after the ASVG, GSVG, FSVG or BSVG due to employment before 1st January 2014, a starting amount is for these insurance months under § 15 para 2 to calculate. The 14-fold this initial amount is referred to in paragraph 2 to count to account first credit."

Article 5

Change of officers sick and accident insurance Act (41. amendment to the B KUVG)

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 § 1 para 1 No. 18 is: "(18. Personen, die ihren Wohnsitz indem Inland haben und a) a pension under the General Social Security Act (ASVG)(, BGBl. Nr. 189/1955, beziehen oder b) transition money § 306 ASVG are related, without that according to § 86 para 3 last sentence ASVG is accrued pension Z 2, and also are not insured 8 ASVG Z according to § 4 para 1" ", if they were compulsorily to Z 17, 19, 21, 22 or 23 in health insurance on the basis of their last employment before the seizure of the pension, or prior to the date at which deserves the transition money,"

2. § 56 para 2 subpara 2 is: "2. the children and the children of choice;"

3. § 56 para 2 Nos. 3 and 4 shall be repealed.

4. Article 105 par. 2 No. 1 is: "1. the children and the choice children of the insured person;"

5. § 105 para 2 subpara 2 and 3 are repealed.

6. in article 105 par. 2, second sentence, is the expression "section 141 ABGB" by the expression "§ 232 ABGB" replaced.

7. in section 149b paragraph 4 is introduction after the expression "Z 1" the expression "and 3" and inserted after the expression "Replacement of the travel and subsistence expenses" the expression "as well as on attendance".

8. after section 235 the following section 236 and heading is added:

"Final provision to article 5 of the Federal Act Federal Law Gazette I no. 86/2013 (41st story)"

236. (1) it come into force: 1st with 1 July 2013 article 1 par. 1 Z 18 as amended by Federal Law Gazette I no. 86/2013;

2. retroactive with 1 February 2013 paragraphs 56 para 2 subpara of 2 and 105 par. 2 Z 1 and second sentence as amended by Federal Law Gazette I no. 86/2013;

3. retroactive with 1 January 2013 § 149 b paragraph 4 as amended by Federal Law Gazette I no. 86/2013.

Nos. 2 and 3 kick (2) §§ 56 para 2 Nos. 3 and 4, as well as 105 par. 2 retroactively at the end of 31 January 2013 override."

Article 6

Change the notary Insurance Act 1972 (Amendment 15 of 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 § 57 par. 2 No. 1 is: "1. the children and the choice children of the insured person;"

2. § 57 par. 2 Nos. 2 and 3 are repealed.

3. in the section 57 paragraph 2, second sentence, is the expression "section 141 ABGB" by the expression "§ 232 ABGB" replaced.

4. § 72 para 5 second sentence reads:

"The decisions are to be published immediately in the Austrian notary papers."

5. According to § 118, 119 the following section including headline is attached:

"Final provision to article 6 of the Federal Act Federal Law Gazette I no. 86/2013 (15th Amendment)"

119. (1) it take effect: 1 with 1 July 2013 § 72 para 5 as amended by Federal Law Gazette I no. 86/2013;

2. retroactive with February 1, 2013 article 57 par. 2 No. 1 and the second sentence as amended by Federal Law Gazette I no. 86/2013.

(2) article 57 par. 2 Nos. 2 and 3 pedal retroactively at the end of 31 January 2013 override."

Article 7

Change of the labour and social Court Act

The labour and social courts act, Federal Law Gazette No. 104/1985, as last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

1. in article 67 par. 1 the point replaced 2 by the word "or" at the end of the Z; following no. 3 is appended: "3. the opposition against an administrative decision on stock and scope an initial credit of the account, as well as a supplementary credit (§ 15 APG) has decided not within one year with opposition decision (section 367a ASVG) where the period is inhibited by a suspension of the opposition proceedings according to section 367a para 4 of the ASVG."

2. Article 98 29 the following paragraph is added:

"(29) section 67 para 1 as amended by Federal Law Gazette I no. 86/2013 1 January 2014 into force."

Article 8

Amendment to the Pension Act 1965

The Pension Act 1965, BGBl. No. 340, last amended by Federal Law Gazette I no. 120/2012, is amended as follows:

1. in article 5, paragraph 2a is the phrase "the officer or the officer BDG 1979 stepped over to the article 13 retirement" by the phrase "in which the official or the official age of 65." replaced.

2. in article 59, paragraph 1, the expression "§ 106a GehG" is replaced by the term "article 16a GehG" Z 2.

3. in paragraph 92, the expression "in force on 31 December 2002" is omitted.

4. in article 99, paragraph 1 the phrase "and before January 1, 1976" is inserted after the date "1954".

5. the section 105 be attached following paragraph 4 and 5:

"(4) the first credit of the account and the total credit writing for 2013 is for subsequent changes of in governing the assessment values to recalculate.

(5) the service authority responsible for the official or the official 1st instance has the data required for the determination of the initial account credit to provide the pension account-keeping point in time. The responsibility for the correctness, completeness and timely transmission of data according to the specifications created by the Federal Minister and the Federal Minister of finance in agreement with the insurance company of public servant is the service authorities."

6 in section 105a, the expression "30 June 2014" in paragraph 7 is replaced by the expression "December 31, 2014" and account for the 8 and 9.

7 76 the following paragraph is added to § in 109:

"(76) in the version of Federal Law Gazette I no. 86/2013 will apply: 1. Article 59, paragraph 1 Z 2 with 1 July 2012, 2. § 92 with 1 January 2013, 3. § 5 para 2a with 1 July 2013 and 4. § 99 para 1, § 105 para 4 and 5 and section 105a, paragraph 7, as well as the Elimination of article 105a, paragraph 8 and 9 with 1 January 2014."

Article 9

Amendment of the Federal Theatre Pension Act

The Federal Theatre Pension Act, Federal Law Gazette No. 159/1958, amended by Federal Law Gazette I no. 120/2012, is amended as follows:

1 in §, the expression "to which or the Federal Theater employees stepped over par. 1 to retire b pursuant to section 2" 5 b paragraph 2a is replaced by the expression "in the who or the Federal Theater employees the 65th age".

2. in section 18 d the phrase "as amended on December 31, 2002" does not apply after the word "Federal law" and after the word "each" respectively.


3. in article 19, paragraph 1 the phrase "and before January 1, 1976" is added after the year "1954".

4. in article 21, paragraph 7, the expression "30 June 2014" is replaced by "31 December 2014".

5. § 22 41 the following paragraph is added:

"(41) in the version of Federal Law Gazette I no. 86/2013 will apply: 1. section 18 d with 1 January 2013, 2. § 5b para 2a with 1 July 2013 and 3. § 19 para 1 and article 21 paragraph 7 with 1 January 2014."

Article 10

Amendment of the federal railway Pension Act

The federal railway Pension Act, Federal Law Gazette I no. 86/2001, as last amended by Federal Law Gazette I no. 120/2012, is amended as follows:

1. in article 53, the phrase "as amended on 31 December 2002" eliminates para 2 after the word "Federal law".

2 31 the following paragraph is added to section in 62:

"(31) in the version of Federal Law Gazette I no. 86/2013 will apply: 1. section 53 b para 2 with 1 January 2013 and 2. Article 66, paragraph 1 and article 72, paragraph 7 and 9 with 1 January 2014."

3. in article 66, paragraph 1 the phrase "and before January 1, 1976" is added after the year "1954".

4. in section 72, paragraph 7, the expression "30 June 2014" is replaced by "31 December 2014".

5. in section 72, paragraph 9, the word is inserted after the word "Data" "just in time" and eliminates the term "until 30 April 2014".

Fischer

Faymann