Social Security Amendment Act 2013 - 2013 Sväg

Original Language Title: Sozialversicherungs-Änderungsgesetz 2013 – SVÄG 2013

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86. Federal Law, with which the General Social Security Act, the Industrial Social Security Act, the Farmers-Social Security Act, the General Pension Act, the Official-Health and Accident Insurance Act, the NotarInsurance Act 1972, the Labour and Social Courts Act, the Pension Act 1965, the Federal Theatres Act and the Federal Railways Pension Act (Social Security Amendment Act 2013-SVÄG 2013)

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 General Pensions Act

5

Amendment of the Staff Regulations-Health and Accident Insurance Act

6

Amendment of the Notarinsurance Act 1972

7

Amendment of the Labour and Social Court Act

8

Amendment of the Pension Act 1965

9

Amendment of the Federal Theatterpensionsgesetz

10

Amendment of the Bundesbahn-Pension Act

Article 1

Amendment of the General Social Security Act (83). 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. § 67 (7) Z 2 reads:

" 2.

the relatives in straight line and the relatives second and third degrees in the sidelines; "

2. § 67 (7) Z 3 reads:

" 3.

the disappearing in straight line and the disappeared second degree in the sidelines; "

3. § 123 (2) Z 2 reads:

" 2.

the children and the election children; "

4. § 123 (2) (3) and (4) shall be repealed.

5. § 143c together with the title in the version of the Federal Law BGBl. I No 3/2013 is as follows:

" Cost replacement

§ 143c. (1) The pension insurance institutions have for recipients of rehabilitation money (§ 143a and comparable national legal regulations) the health insurance institutions and-as far as they are contract staff-the According to Article 2 (1) (2) of the B-KUVG, health care institutions should replace the actual costs of the rehabilitation allowance as well as the administrative costs of the patient.

(2) The funds necessary for the reimbursement of costs to the sickness insurance institutions shall be transferred from the pension insurance institutions to the main body. The main body shall allocate the amount transferred to the sickness insurance institution in proportion to its cost expenditure for this group of persons. In order to determine the replacement of costs, the health insurance institution has to carry out its own cost centre. The rate of immigrant movement must be carried out in a quarterly manner up to the end of the following month, following the corresponding accounts.

(3) The reimbursement of costs in relation to the health care facilities shall be carried out by the pension insurance institutions in the form of a quarter by the health care institutions, in each case until the end of the following month, after the appropriate accounting treatment.

(4) The pension insurance institutions shall have to pay a flat-rate health insurance contribution of 7.65% of the expenses for the rehabilitation allowance to the health insurance institutions and to the sickness insurance institutions. "

6. § 227a (2) Z 1 reads:

" 1.

the children of the insured person; "

§ 227a (2) (2) (2) and (3) shall be repealed.

8. § 252 (1) Z 1 reads:

" 1.

the children and the elective children of the insured person; "

9. § 252 (1) (2) and (3) shall be repealed.

10. In § 252 (1), second sentence, the expression "§ 141 ABGB" by the expression "§ 232 ABGB" replaced.

11. § § 291a to 291j shall be repealed.

12. In accordance with § 367 the following § 367a with headline is inserted:

" Objection to the statement of the account first credit (supplementary credit) in accordance with § 15 APG

§ 367a. (1) It is possible to object to the proceedings of the insurance institutions in the case of performance matters in accordance with § 354 Z 5 within three months of notification. The opposition shall indicate the decision against which it is directed and shall contain a reasoned decision. He shall require the written form and shall be brought to the insurance institution which issued the communication. An appeal brought before the Court of First Instance shall be deemed to have been submitted to the insurance institution and shall be forwarded immediately to the said institution.

(2) Within one year of the application of the appeal, the insurance institution shall decide on the opposition with an appeal. In doing so, it may, on the basis of the opposition and any further investigation, amend or supplement the communication in the sense of the desire for objection. In the event of adverse events, the opposition shall be submitted to the Appeal Committee as referred to in paragraph 3 for the purpose of assessing and deciding on this assessment in the light of the judgment.

(3) In order to assess the contradictions referred to in paragraph 2, third sentence, a special board committee is set up in the case of the pension insurance institution (appeal committee). In the case of insurance institutions with national offices, such a committee may be set up at each national office; the local competence of these committees shall be governed by the residence of the objection of the objection.

(4) If the insurance obligation, the insurance entitlement, the beginning or the end of the insurance, the relevant contribution basis or the family property are contentious, the opposition proceedings shall be suspended until such time as the proceedings have been carried out. in administrative matters, a final decision has been taken; the period referred to in paragraph 2 shall be inhibited until the final conclusion of this procedure has been fined. If, at the time of the suspension, no proceedings are pending in these matters, the pension insurance institution which is subject to the appeal shall apply for its initiation; the final decision shall be taken without delay. ,

(5) Only with the existence of a notice of appeal or the expiry of the period referred to in paragraph 2 without the release of a notice of appeal, performance matters shall be enforceable in accordance with Section 354 Z 5 in accordance with § 67 ASGG. "

13. § 459d para. 1 Z 6 is repealed.

13a. In accordance with § 459g, the following section VIIId is inserted:

" SECTION VIIId

Working together in cases of reduced working capacity

Cooperation between pension insurance institutions and labour market service

§ 459h. (1) The pension insurance institutions shall submit to the labour market service for insured persons who are unemployed in accordance with § 12 of the AlVG at the time of the application for a benefit arising from the insurance case of the reduced working capacity:

1.

the name, the insurance number and the address of those persons who have applied for a benefit arising from the insurance case of reduced work capacity;

2.

the name, the insurance number and the address of those persons who have not complied with an order of the insurance institution pursuant to section 366 (1);

3.

the provisions adopted pursuant to Section 367 (4).

(2) The pension insurance institutions shall, by means of the communication referred to in paragraph 1 (3), have the opinions and findings made by them, which are based on the professional assessment of the insured person, to the labour market service. , If the pension insurance institution has determined, in the context of the professional assessment according to § 366 (4), that measures of vocational rehabilitation are reasonable, these findings are based on the results of the career finding according to § 305 ASVG also to the labour market service.

(3) After the end of the payment of the rehabilitation money, the pension insurance institutions for unemployed insured persons (§ 12 of the AlVG) have the opinions and findings made by them, which are based on the professional and professional assessment, the Labour market service on request to be transmitted. If the pension insurance institution has determined, within the framework of the professional assessment according to § 366 (4), that measures of vocational rehabilitation are reasonable, these findings are based on the results of the career development according to § 305 ASVG to the labour market service on request, too.

(4) The Labour Market Service may only use the data transmitted in accordance with the provisions of paragraphs 1 to 3 if the data subject is to receive or apply for a performance in accordance with the AlVG or if the person concerned is to be encouraged to reemployment according to § 29 para. 4 AMSG.

Cooperation between pension and health insurance institutions

§ 459i. (1) The pension insurance institutions shall submit to the competent health insurance institution for insured persons who have applied for a benefit from an insurance case of reduced work capacity and are entitled to rehabilitation benefit:

1.

the modestly finding that the health insurance institution should calculate and pay for rehabilitation money;

2.

the opinions and findings on which the professional assessment of the insured person is based.

(2) For the purpose of examining the continuation of the rehabilitation money, the health insurance institutions shall have the opinion of the pension insurance institution with the opinions and findings made by them which are based on the professional assessment of the pension insurance institution. ,

(3) Where it is established by the pension insurance institution that the pension insurance institution continues to be entitled to rehabilitation, the health insurance institution shall be the opinion of the pension insurance institution and the findings made by the pension insurance institution, which shall: on the basis of professional and professional assessment.

(4) If the pension insurance institution finds that there is no longer any entitlement to rehabilitation benefit, the health insurance institution shall be required to submit a copy of the certificate with which the rehabilitation allowance shall be withdrawn.

(5) The data transmitted in accordance with paragraphs 1 to 4 may only be used for the purpose of determining the status and scope of health insurance benefits. "

14. In accordance with § 675, the following § 676 shall be added together with the heading:

" Final provisions on Art. 1 of the Federal Law BGBl. I No 86/2013 (83). Novelle)

§ 676. (1) It shall enter into force:

1.

with 1. January 2014 § § 143c with title, 367a with title and section VIIId of the Eighth Part in the version of the Federal Law BGBl. I No 86/2013;

2.

retroactively with 1 February 2013 the § § 67 (7) Z 2 and 3, 123 (2) Z 2, 227a (2) (2) Z 1 and 252 (1) Z 1 and second sentence in the version of the Federal Law BGBl. I No 86/2013.

(2) There shall be no force:

1.

with the expiry of the 1. January 2014 § § 291a to 291j;

2.

retroactive with the expiry of the 31. January 2013 § § 123 (2) (3) and (4), 227a (2) (2) and (3) (252) (1) (2) and (3) and 459d (1) (6).

(3) The funds of the hardness compensation fund shall be 1. To transfer January 2014 to the bridging aid fund according to § 44a GSVG. "

Article 2

Amendment of the Industrial Social Insurance Act (42). Novelle to GSVG)

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 Section 3 (3), the following Z 3a shall be inserted after Z 3:

" 3a.

Persons who receive weekly allowances under this Federal Act, insofar as they are not insured under Z 4 or § 2; "

2. The following sentences are added to Section 4 (1) Z 7:

" For the duration of a child-care allowance, the application is possible irrespective of the conditions of the lit. a, b and c. The first sentence shall be applied in such a way that only those calendar months for which the exception is noted are to be replaced by the calendar year. In accordance with this number of calendar months, the revenue and revenue limit shall be reduced and these marginal amounts shall be compared only with the revenue and turnover achieved in these months. The exception can only be found for those months in which child care benefits are paid at least for one day. Moreover, for the beginning of the derogation, the fourth sentence shall apply mutatily; "

3. In § 4 (1), the point at the end of Z 9 shall be replaced by a line-point; the following Z 10 shall be added:

" 10.

Persons in accordance with § 2 (1) (4), who interrupt the self-employment in the period pursuant to § 102a (1); the exception occurs with the indication of the interruption at the insurance institution, but at the earliest with the beginning of the period according to § 102a (1); it shall fall away with the resumption of self-employment, but at the latest with the end of the period in accordance with Section 102a (1). "

4. § 6 para. 1 Z 5 reads:

" 5.

on the day following the omission of an exceptional reason; in the event of the removal of the exception in accordance with section 4 (1) (1) on the basis of a notification of the resumption of self-employment with the first of the calendar month, effective at the latest from the end of the repayment of the weekly allowance, in If the weekly allowance is received for the period referred to in § 102a (1), first half-sentence, compulsory insurance shall start at the earliest four calendar months after the end of the compulsory insurance in accordance with § § § 102a (1) of the first half-sentence. 7 (1) Z 7; "

5. In § 6 (3) Z 4, the lit. d the name " e) "

6. § 6 para. 3 Z 4 shall be held in front of the lit. e the following lit. d inserted:

" (d)

in the case of the persons referred to in Article 3 (3) (3) (3a), the first of the calendar month in which the reference of the weekly money begins; "

7. § 6 (3) Z 6 reads:

" 6.

on the day following the omission of an exceptional reason; in the event of the removal of the exception in accordance with section 4 (1) (1) on the basis of a notification of the resumption of self-employment with the first of the calendar month, effective at the latest from the end of the repayment of the weekly allowance, in If the weekly allowance is received for the period referred to in § 102a (1), first half-sentence, compulsory insurance shall start at the earliest four calendar months after the end of the compulsory insurance in accordance with § § § 102a (1) of the first half-sentence. 7 para. 2 Z 6. "

8. § 6 para. 4 Z 3 reads:

" 3.

with the day following the omission of an exceptional reason; in the event of the removal of the exception in accordance with § 4 (1) Z 10 on the basis of an indication of the resumption of self-employment with the first of the calendar month, effective at the latest from the end of the repayment of the weekly allowance, in If the weekly allowance is received for the period referred to in § 102a (1), first half-sentence, compulsory insurance shall start at the earliest four calendar months after the end of the compulsory insurance in accordance with § § § 102a (1) of the first half-sentence. 4 (4) (4) "

9. § 7 (1) Z 7 reads:

" 7.

in the event of the occurrence of a derogation, the last of the calendar month in which the exception occurs; at the time of the occurrence of the exemption pursuant to section 4 (1) (1), valid on the basis of an exemption from the date of entry of the maternity insurance policy at the earliest Retirement notification with the last day of the calendar month preceding the entry of the exception. "

Section 7 (2) Z 4 reads as follows:

" 4.

in the case of the persons referred to in § 6 (3) (4) (4), with the omission of the operative event for the insurance, the pension insurance in accordance with § 3 (3) (2) (2) expires at any rate after 14 months of the foreign service and the end of the Pension insurance in accordance with § 3 paragraph 3 Z 4 according to the provisions of § 116a (3). In the case of the persons referred to in § 3 (3) (3) (3a), the compulsory insurance shall end with the last day of the calendar month preceding the end of the repayment of the week; during the course of the payment of the weekly allowance, compulsory insurance shall enter into force in accordance with Section 3 (3) (4) or (4) (4) or in accordance with § 2, the compulsory insurance shall end with the last day of the calendar month prior to the entry of this compulsory insurance. "

11. § 7 para. 2 Z 6 reads:

" 6.

in the event of the occurrence of a derogation, the last of the calendar month in which the exception occurs; at the time of the occurrence of the exemption pursuant to section 4 (1) (1), valid on the basis of an exemption from the date of entry of the maternity insurance policy at the earliest Retirement notification with the last day of the calendar month preceding the entry of the exception. "

12. § 7 (4) Z 4 reads:

" 4.

in which an exceptional reason occurs; upon entry of the exemption pursuant to § 4 (1) Z 10 on the basis of an indication of the interruption of self-employment with the last day effective from the date of the occurrence of the insurance policy of the maternity of the calendar month preceding the entry of the exception. "

13. In § 18 (3a), the point at the end of Z 4 is replaced by a stroke; the following Z 5 is inserted:

" 5.

for the persons who are insured under Section 3 (3) (3) (3) (3a) of the week, the insured person shall be the health insurance institution. "

14. In paragraph 26a, the following sentence shall be inserted before the last sentence:

"Basis of contribution for the mandatory insured persons according to § 3 (3) (3) (3) (3) (3a) is the thirtieth day of the daily weekly basis according to § 102a (5)."

15. § 27e Z 1 reads:

" 1.

for partial insured persons in accordance with § 3 paragraph 3 Z 1 lit. a and Z 2, 3 and 3a from the federal government; "

16. § 35 (3) reads:

" (3) The determination of the final contribution basis in accordance with Article 25 (6) shall be a contribution debt of the insured person, and in the calendar year following the determination of the final contribution basis, it shall be in four equal instalsals. in each case at the last of the second month of the calendar quarter. By way of derogation from this, the contribution to the economic situation shall be the contribution debt, at the request of the insured person, in the three calendar years following the determination of the final contribution basis, in twelve equal instales of the contribution at the last of the second month of the calendar quarter, in so far as the final contribution basis pursuant to Article 25 (6) for the calendar year of the first entry of compulsory insurance and the subsequent two calendar years , the application may, until 31 March of the calendar year, which the The final contribution basis shall be established. In any case, such contributions are due at the end of the calendar month following the end of the compulsory insurance or in which the date of the pension is a pension of its own pension insurance scheme. At the request of the insured person, in so far as it appears justified in accordance with their economic circumstances, the guilt of the contribution may be stashed or the repayment of which shall be granted in installment. A deferment of the contribution debt shall be allowed until the end of one year after due date. The burial in installers has to be done within a year. "

17. In accordance with § 44, the following § 44a shall be inserted with the title:

" Bridging aid funds

§ 44a. (1) The insurance institution shall set up a bridging aid fund. The bridging aid provided for in paragraph 3 shall be granted from the resources of this Fund.

(2) The bridging aid fund shall be 1. January 2014 to transfer the following funds:

1.

€ 760 000 from the support fund in accordance with § 44, whereby € 532 000 can be found in the pension insurance sector and € 228 000 in the area of health insurance;

2.

EUR 760 000 from the hardship compensation fund in the pension insurance scheme in accordance with § 291a ASVG.

(3) The funds of the bridging aid fund may be used in particular in the case of special cases, in particular in respect of the family, income and financial circumstances of the person to be assisted, for bridging aid in the form of Grants for pension and health insurance contributions are to be used in accordance with the guidelines adopted by the Executive Board. These guidelines are subject to approval by the Federal Minister for Labour, Social Affairs and Consumer Protection in agreement with the Federal Minister for Health. "

18. § 82 (4) reads:

"(4) The eligibility for compulsory benefits shall be issued, unless otherwise specified in paragraphs 5, 6 and 7, with the end of the insurance."

19. The following paragraph 7 is added to § 82:

" (7) Ends compulsory insurance on the basis of an early retirement or an indication of the interruption of the self-employed activity by the entry of the exception in accordance with § 4 (1) Z 1 or 10 at the earliest from the date of entry of the insurance policy. The eligibility for compulsory benefits from the insurance cases of the illness, maternity, and the performance of the surgical and preservative dental treatment shall remain in place. Entitlement to the weekly allowance according to § 102a shall apply only if the insured person before the end of the compulsory insurance is at least six months on the basis of a self-employed activity in the health insurance according to this Federal Act was insured. Eligibility shall end in all cases at the latest with the end of the date of payment of the weekly money according to § 102a. "

20. § 83 (2) (2) (2) reads:

" 2.

children and election children; "

21. § 83 (2) (3) and (4) shall be repealed.

22. The following sentences are added to § 102 (5):

" The weekly allowance shall also be paid to female persons who during the period referred to in § 102a (1) shall, on the basis of an early date from the entry into force of the insurance case of the maternity leave, or indicate the interruption of the self-employed activity in accordance with § 4. 1 or 10 are exempt from compulsory insurance if they are insured before the end of compulsory insurance for at least six months as a result of self-employment in the health insurance scheme under this Federal Act were. Periods of temporary interruption of compulsory insurance as a result of self-employment in the period referred to in § 102a (1) shall be deemed to be the exercise of a gainful employment within the meaning of § 24 Section 2 of the Child Care Money Act (KBGG), BGBl. I n ° 103/2001, if, in the last six calendar months, an activity within the meaning of Section 24 (1) (2) of the KBGG was actually carried out beforehand and no benefits were obtained from the unemployment insurance scheme. "

Section 116a (2) Z 1 reads as follows:

" 1.

the children of the insured person; "

24. § 116a (2) (2) and (3) shall be repealed.

Section 128 (1) Z 1 reads as follows:

" 1.

the children and the elective children of the insured person; "

26. § 128 (1) (2) and (3) shall be repealed.

27. In § 128 (1), second sentence, the expression "§ 141 ABGB" by the expression "§ 232 ABGB" replaced.

28. In accordance with § 351, the following § 352 shall be added together with the heading:

" Final provisions on Art. 2 of the Federal Law BGBl. I No 86/2013 (42). Novelle)

Section 352. (1) It shall enter into force:

1.

1. July 2013 § § 3 (3) Z 3a, 4 (1) Z 7, 9 and 10, 6 (1) Z 5, para. 3 Z 4 lit. d and e, paragraph 3 Z 6 and subsection 4 Z 3, 7 para. 1 Z 7 and subsection 2 Z 4, para. 2 Z 6 and para. 4 Z 4, 18 para. 3a Z 4 and 5, 26a, 27e Z 1, 35 para. 3, 82 para. 4 and 7 as well as 102 para. 5 in the version of the Federal Law BGBl. I No 86/2013;

2.

retroactively with 1 February 2013 the § § 83 sec. 2 Z 2, 116a Abs. 2 Z 1 and 128 sec. 1 Z 1 and the second sentence in the version of the Federal Law BGBl. I No 86/2013.

(2) § 44a together with the title in the version of the Federal Law BGBl. I n ° 86/2013 is 1. Jänner 2014 in force and with expiry of the 31 December 2014.

(3) § § 83 (2) (3) and (4), 116a (2) (2) and (3) and 128 (1) (1) (2) and (3) shall be retroactive with the expiry of the 31. Jänner 2013 repeal.

(4) § 35 para. 3 second sentence in the version of the Federal Law BGBl. I No 86/2013 shall apply to the findings of the final contribution basis pursuant to Article 25 (6), which shall apply from 1 January 2013 onwards. Jänner 2014 will be conducted. "

Article 3

Amendment of the Farmers ' Social Security Act (42). Novelle to the BSVG)

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. § 78 (2) Z 2 reads:

" 2.

the children and the election children; "

2. § 78 (2) (3) and (4) shall be repealed.

§ 107a (2) Z 1 reads as follows:

" 1.

the children of the insured person; "

4. § 107a (2) (2) and (3) shall be repealed.

5. § 119 (1) (1) (1) reads:

" 1.

the children and the elective children of the insured person; "

6. § 119 (1) (2) and (3) shall be repealed.

7. In § 119, para. 1 second sentence, the expression "§ 141 ABGB" by the expression "§ 232 ABGB" replaced.

8. In accordance with § 343, the following § 344 shall be added together with the heading:

" Final provision on Art. 3 of the Federal Law BGBl. I No 86/2013 (42). Novelle)

§ 344. (1) § § 78 sec. 2 Z 2, 107a para. 2 Z 1 and 119 para. 1 Z 1 and second sentence in the version of the Federal Law BGBl. I N ° 86/2013 will come into effect retroactively with 1 February 2013.

(2) § § 78 (2) (3) and (4), 107a (2) (2) (2) and (3) and 119 (1) (Z) (2) and (3) are retroactive with the expiry of the 31. Jänner 2013 repeal. "

Article 4

Amendment of the General Pensions Act (10). Novelle to the APG)

The General Pension Act, BGBl. I n ° 142/2004, as last amended by the Federal Law BGBl. I No 35/2012, shall be amended as follows:

1. § 6 (3) reads:

" (3) Only months of insurance shall be provided pursuant to this Federal Act, and in the application of the second paragraph, those partial credits which shall be completed by the end of the calendar year shall be those of the completion of the 18. , as well as the insurance periods to be taken into account, only if this is more favourable to the insured person. "

(2) The following paragraph 4 is added to § 13:

"(4) The paragraphs 1 to 3 shall not be applied to the account first credit in accordance with § 15."

3. § 15 sec. 2 Z 8 in the version of the Federal Law BGBl. I No 35/2012 is as follows:

" 8.

(provisional) bases not yet rearranged

a)

According to the GSVG, account must be taken of the respective minimum contribution basis as a basis for contributions pursuant to section 25 (2) of the GSVG under the application of Section 26 (3) to (5) of the GSVG;

b)

according to the BSVG in the 1. January 2014 shall be taken into account;

§ § 25 (7) GSVG and 23 (12) BSVG are not applicable in these cases, unless the pension benefit is used before the reassessment of the (provisional) contribution bases. "

4. § 15 sec. 4 Z 2 in the version of the Federal Law BGBl. I No 35/2012 is as follows:

" 2.

(provisional) bases not yet rearranged

a)

According to the GSVG, account must be taken of the respective minimum contribution basis as a basis for contributions pursuant to section 25 (2) of the GSVG under the application of Section 26 (3) to (5) of the GSVG;

b)

according to the BSVG in the 1. January 2014 shall be taken into account;

§ § 25 (7) GSVG and 23 (12) BSVG are not applicable in these cases, unless the pension benefit is used before the reassessment of the (provisional) contribution bases. "

5. In § 15 paragraph 8 in the version of the Federal Law BGBl. I n ° 35/2012 is the expression "30 June 2014" replaced by the term "31 December 2014".

6. § 15 para. 9a, first half-sentence in the version of the Federal Law BGBl. I No 35/2012 is as follows:

"Were taken into account in the determination of the account first credit (provisional) basis of contribution within the meaning of paragraph 2 (8) or (4) 2 (2),"

7. In § 15 (10) second sentence in the version of the Federal Law BGBl. I N ° 35/2012 shall be adopted after the word "Supplementary credit" the expression "or a night rag withdrawal" inserted.

8. § 15 (10) in the version of the Federal Law BGBl. I N ° 35/2012 the following sentence shall be added:

" If the starting amount is 1 higher than the starting amount 2, the total credit for the year 2013 shall be reduced by 14 times the difference as a supplement; this shall not apply to changes due to child-raising periods, Presence or training service periods as well as civil service or foreign service periods according to § 12b of the Civil Service Act. "

9. In § 15 in the version of the Federal Law BGBl. I N ° 35/2012 shall be inserted in accordance with the following paragraphs (10a) and (10b):

" (10a) If the first sentence of the first sentence of paragraph 10 is due to changes due to parental leave, presence or training service periods, as well as civil service or foreign service periods according to § 12b of the Civil Service Act, the new account credit shall be lower than the original, it shall be applied.

(10b) By way of derogation from the first sentence of paragraph 10, the account statement shall be: To recalculate the total credit after the end of 31 December 2016 in the case of subsequent changes in contribution bases and insurance periods, if these changes result from an administrative procedure which is prior to the 1. Jänner 2017 was launched and at that time was not yet complete. "

10. § 15 (11) in the version of the Federal Law BGBl. I No 35/2012 is as follows:

" (11) By way of derogation from § 367 (1) and (2) of the ASVG, account must be taken of the account first crediting only if the person entitled to the account expressly requests this, namely:

1.

until the end of 31 December 2016, or

2.

within a period of three months from the notice of the account first credit. "

11. § 25 (3) in the version of the Federal Law BGBl. I No 35/2012 is as follows:

" (3) On female insured persons, who are before the 1. January 1959 were born and until the end of December 31, 2013 the eligibility requirements for early retirement according to § 607 para. 12 ASVG (§ 298 para. 12 GSVG, § 287 para. 12 BSVG)-with the exception of the requirement of the absence of one of the § 5 para. 2 in insurance cases with a date after 31 December 2013 must be applied in such a way that the following values are applied to the place of 0.35%:

1.

for insured persons who are before the 1. Jänner, born in 1956, 0.1%;

2.

for insured persons, who shall be insured after 31 December 1955 and before 1. Jänner, born in 1957, is 0.14%;

3.

for insured persons, who shall be insured after 31 December 1956 and before 1. Jänner 1958 born, 0,17%;

4.

for insured persons, who shall be insured after 31 December 1957 and before 1. January 1959, born in 1959, 0.2%.

12. In accordance with § 25, the following § 26 shall be added together with the heading:

" Final provisions on Art. 4 of the Federal Law BGBl. I No 86/2013 (10). Novelle)

§ 26. (1) § § 6 (3), 13 (4), 15 (2) (2) Z 8, (4) (2), (8) and (9a) to (11) and 25 (3) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 86/2013 will be 1. Jänner 2014 in force.

(2) Consists of 1. In the case of a pension benefit from an insurance case of the reduced work ability or from the insurance case of invalidity, the account first credit shall be different from § 15 in the on the 1. January 2014 will be 14 times the pension benefits due to be paid on 31 December 2013.

(3) In the cases referred to in paragraph 2 of this Article, periods of compulsory insurance in the pension insurance scheme under the ASVG, GSVG, were made during the period of entitlement to a pension benefit arising from an insurance case of reduced employability or incapacity to work. FSVG or BSVG on the basis of a gainful employment before the 1. In January 2014, an initial amount is to be calculated in accordance with § 15 (2) for these insurance months. The 14 times this initial amount shall be attributed to the account first credit as referred to in paragraph 2. "

Article 5

Amendment of the Official Health and Accident Insurance Act (41. Novelle to B-KUVG)

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. § 1 (1) Z 18 reads as follows:

" 18.

Persons resident in the territory of the country, and

a)

a pension under the General Social Security Act (ASVG), BGBl. No 189/1955, or

b)

Refer to the transitional allowance pursuant to § 306 ASVG without the pension pursuant to Section 86 (3) (3) (2) of the last sentence of the ASVG, and which are not covered by Section 4 (1) Z 8 ASVG,

if, on the basis of their last employment, they were compulsenly insured in the sickness insurance scheme before the pension or before the date of the transitional allowance, after Z 17, 19, 21, 22 or 23; "

2. § 56 para. 2 Z 2 reads:

" 2.

the children and the election children; "

3. § 56 (2) (3) and (4) shall be repealed.

4. § 105 (2) Z 1 reads:

" 1.

the children and the elective children of the insured person; "

5. § 105 (2) (2) and (3) shall be repealed.

6. In § 105 (2), second sentence, the expression "§ 141 ABGB" by the expression "§ 232 ABGB" replaced.

7. In § 149b (4), the introduction is after the expression "Z 1" the expression "and 3" and after the expression "Reimbursement of travel and subsisting costs" the expression "as well as on meeting money" inserted.

8. In accordance with § 235, the following § 236 shall be added together with the heading:

" Final provision on Art. 5 of the Federal Law BGBl. I No 86/2013 (41. Novelle)

§ 236. (1) It shall enter into force:

1.

with 1 July 2013 § 1 paragraph 1 Z 18 in the version of the Federal Law BGBl. I No 86/2013;

2.

retroactively with 1 February 2013 the § § 56 (2) Z 2 and 105 (2) (2) Z 1 and the second sentence in the version of the Federal Law BGBl. I No 86/2013;

3.

Retroactive with 1. Jänner 2013 § 149b (4) in the version of the Federal Law BGBl. I No 86/2013.

(2) § § 56 (2) (3) and (4) and 105 (2) (2) (2) and (3) shall be retroactive with the expiry of the 31. Jänner 2013 repeal. "

Article 6

Amendment to the law on notaries in 1972 (15. 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. § 57 para. 2 Z 1 reads:

" 1.

the children and the elective children of the insured person; "

2. § 57 (2) (2) and (3) shall be repealed.

3. In § 57 (2), second sentence, the expression "§ 141 ABGB" by the expression "§ 232 ABGB" replaced.

The second sentence of Article 72 (5) reads as follows:

"The decisions are to be published immediately in the Austrian Notariats-Zeitung."

5. In accordance with § 118, the following § 119 together with the title is added:

" Final provision on Art. 6 of the Federal Law BGBl. I No 86/2013 (15). Novelle)

§ 119. (1) It shall enter into force:

1.

1 July 2013 § 72 (5) in the version of the Federal Law BGBl. I No 86/2013;

2.

Retroactively with 1 February 2013 § 57 paragraph 2 Z 1 and second sentence in the version of the Federal Law BGBl. I No 86/2013.

(2) Section 57 (2) (2) (2) and (3) shall act retroactively with the expiry of the 31. Jänner 2013 repeal. "

Article 7

Amendment of the Labour and Social Court Act

The Labor and Social Justice Act, BGBl. No. 104/1985, as last amended by the Federal Law BGBl. I No 35/2012, shall be amended as follows:

1. In § 67 (1), the point at the end of the Z 2 is given by the word "or" , the following Z 3 shall be added:

" 3.

on the opposition to a communication on the stock and scope of an account first credit as well as a supplementary credit (§ 15 APG) did not take a decision within one year with opposition notice (§ 367a of the ASVG), with the deadline by means of a Suspension of the opposition proceedings pursuant to Section 367a (4) of the ASVG will be suspended . "

(2) The following paragraph 29 is added to § 98:

" (29) § 67 (1) in the version of the Federal Law BGBl. I n ° 86/2013 is 1. Jänner 2014 in force. "

Article 8

Amendment of the Pension Act 1965

The Pension Act 1965, BGBl. N ° 340, as last amended by the Federal Law BGBl. I No 120/2012, shall be amended as follows:

1. In Section 5 (2a) the phrase shall be: "to which the official or the official in accordance with § 13 BDG would be retired in 1979" through the phrase " in which the official, or the official, the 65. Life Year completed " replaced.

2. In § 59 (1) (2), the expression "§ 106a GehG" by the expression "§ 16a GehG" replaced.

3. In § 92 the term " "in the version in force on 31 December 2002" .

4. In § 99 (1), after the annual number "1954" the phrase " and before the 1. Jänner 1976 " inserted.

5. The following paragraphs 4 and 5 are added to § 105:

" (4) The account first credit or the total credit for the year 2013 shall be recalculated in the case of retrospective changes to the values applicable to the measurement.

(5) The authority responsible for the civil servant or the official responsible for the service. Instance shall provide the data required for the determination of the account first credit in good time to the post-office-leading authority. The responsibility for the correctness, completeness and timely transmission of the data according to the data provided by the Federal Minister of the Federal Republic of Germany. The Federal Minister of Finance, in agreement with the Insurance Institution, shall have guidelines drawn up by the public servants in the service authorities. "

6. In § 105a, paragraph 7 of the term "30th June 2014" by the expression "31 December 2014" shall be replaced by the provisions of paragraphs 8 and 9.

7. The following paragraph 76 is added to § 109:

" (76) In the version of the Federal Law BGBl. I No 86/2013 enter into force:

1.

Section 59 (1) (2) with 1 July 2012,

2.

§ 92 with 1. Jänner 2013,

3.

Section 5 (2a) with 1 July 2013 and

4.

§ 99 (1), § 105 (4) and (5) and § 105a (7), as well as the abduction of § 105a (8) and (9) with (1). Jänner 2014. "

Article 9

Amendment of the Federal Theatterpensionsgesetz

The Federal Theatre Pensions Act, BGBl. No 159/1958, as last amended by the Federal Law BGBl. I No 120/2012, shall be amended as follows:

1. In Section 5b (2a) the expression shall be: "to which the Bundestheaterservants or the Bundestheaterservants in accordance with Section 2b (1) of the Staff Regulation would have been retired" by the expression " in which the Bundestheaterservants (or the Bundestheater) staff member 65. Life Year completed " replaced.

2. In § 18d, after the word Federal Law and after the word "Each" in each case the phrase "in the version in force on 31 December 2002" .

3. In § 19 (1), after the annual number "1954" the phrase " and before the 1. Jänner 1976 " inserted.

4. In § 21d (7) the expression "30th June 2014" by the expression "31 December 2014" replaced.

(5) The following paragraph 41 is added to § 22:

" (41) In the version of the Federal Law BGBl. I No 86/2013 enter into force:

1.

§ 18d with 1. Jänner 2013,

2.

Section 5b (2a) with 1 July 2013 and

3.

Section 19 (1) and section 21d (7) with 1. Jänner 2014. "

Article 10

Amendment of the Bundesbahn-Pension Act

The Federal Railways Pension Act, BGBl. No 86/2001, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 120/2012, shall be amended as follows:

1. § 53b (2) shall be deleted after the word Federal Law the phrase "in the version in force on 31 December 2002" .

(2) The following paragraph 31 is added to § 62:

" (31) In the version of the Federal Law BGBl. I No 86/2013 enter into force:

1.

Section 53b (2) with 1. Jänner 2013 and

2.

§ 66 (1) and 72 (7) and (9) with 1. Jänner 2014. "

3. In § 66, para. 1, after the annual number "1954" the phrase " and before the 1. Jänner 1976 " inserted.

4. In § 72, paragraph 7, the expression "30th June 2014" by the expression "31 December 2014" replaced.

(5) In § 72 (9), after the word "Data" the word "timely" is inserted and deleted "until 30th April 2014" .

Fischer

Faymann