Receivables And Compensation Regulation

Original Language Title: Forderungs- und Schadenersatzverordnung

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_II_44/BGBLA_2013_II_44.html

44. Regulation of the Minister of Finance on the treatment of claims and claims for damages of the Confederation (claims and compensation regulation)

On the basis of § 70 para 5, § 73 and 74 of the Federal law governing the conduct of the federal budget (federal budget 2013 - 2013 BHG), Federal Law Gazette I no. 139/2009, as last amended by Federal Law Gazette I no. 62/2012, is prescribed:

1 section

General information

Scope of application

§ 1 (1) this regulation lays down the detailed procedure 1 in the enforcement and collection of accounts receivable of the Confederation, 2. when granting payment facilities (§ 73 para 1 and 2 BHG 2013), the exposure (§ 73 para 3 BHG 2013) and setting the recovery (§ 73 para 4 BHG 2013) and waive (§ 74 BHG 2013), as well as 3 occurred damage to components of the movable and immovable assets of the Federal as well as disadvantages of assets or liabilities.

(2) this Regulation shall apply as far as do the non-statutory rules. Is not in law a provision to the enforcement and collection of receivables and other claims or only partly met, that are in accordance with the scope of the non-regulated part of the subject of the relevant provisions after the §§ 73 f BHG 2013 and apply this regulation.

2. section

Treatment of claims

Assertion

Claims of the Federal Government are 2. (1) subject to payment of the relevant legal basis by the competent according to the respective business and assignment of staff organ of the Covenant at the earliest possible time. If necessary, are the steps necessary to the fulfilment of the maturity to set.

(2) a claim of the Federation is not paid II No. 266/2010, even after reminders and corresponding grace period according to § 99 para 3 of the 2013 (BHV 2013), BGBl. federal financial regulation, has the leading budget authority over the further introduction of steps to decide. Taking into account the objectives and principles of financial management (§ 2 BHG 2013) - in particular, the criteria of efficiency and impact orientation - are the appropriate further introduction of steps to select, to achieve a possible immediate and full compliance with reasonable overhead. These are largely out-of-court schemes aiming to avoid additional costs of judicial enforcement. Decisions on this are to meet under careful consideration of legal and administrative-economic interests and aktenmäßig traceable to document the specific considerations. Shall be deemed a further warning for target-oriented, input is on the possible forced to refer and indicate a possible request for payment facilities can be given.

(3) in case of doubt about the existence of the claim, and if you have questions about the appropriateness and chances of success of a judicial claim the Finanzprokuratur is according to § 3 par. 2 of the Finanzprokuraturgesetzes, BGBl. I request no. 110/2008, of the relevant budget leading or budget executive body to give an opinion.

(4) the requirements of § are 2013 given 73 BHG, payment facilities can be has through installment agreements or deferral or it can be a partial or total suspension of the confiscation.

(5) with the judicial enforcement and compulsory recovery of claims, the Finanzprokuratur in accordance with article 3, paragraph 1, of the Finanzprokuraturgesetzes is to hire. To avoid the risk of a limitation of the claims, the Finanzprokuratur, not later than three months before a possible limitation is with to befassen.

(6) if referral or appointment of the Finanzprokuratur all information and documents which are required for a promising enforcement or forcible insertion of the claim or could be, to submit in a timely manner.

Are instigated and installment agreements

3. (1) deferral or instalments due to a request in accordance with article 73, paragraph 1 be agreed 2013 BHG, deferred interest pursuant to 2013 to require from § 73 para 2 BHG, which in terms of accounts receivable and payable annually in hindsight to be settled.

(2) the requirements of § 73 para 2 are Z 2013 given 1 or 2 BHG, wholly or partly distance can be taken from the stipulated deferred interest.

(3) in the case of claims up to EUR 1 500 may be waived the stipulated deferral interest, when full repayment of the debt within one year is agreed and in accordance with section 73, 2013 in particular which shall state of the entire debt plus interest in case of late of payment is agreed BHG and it is ensured that no statute of limitations occurs.

Suspension collect

4. (1) a temporary obvious hopelessness of recovery measures in the meaning of § 73 para 3 2013 is BHG in particular to assume if an immediate recovery due to a temporally definable special economic burden of the or of the debtor or an absence of or of the debtor over a certain period is period impossible or unreasonable.

(2) the requirements for a temporary suspension of the recovery of a claim according to § 73 para 3 BHG 2013 are, in this official-action in any case to ensure that the claim is unenforceable not by limitation. According to has to be checked at regular intervals whether the reasons that have led to the suspension of the confiscation has been or now lapsed are (§ 73 para 5 BHG 2013).

Setting the recovery

5. (1) 2013 is a setting of confiscation pursuant to § 73 para 4 BHG in particular to consider, if 1 actual barriers to the enforceability of the claim such as unknown stay of the or of the debtor or the Schädigerin or the infringer, 2. difficulties in detecting the civil claim or unlawful or culpable behaviour of substantiating the claim or 3. the successful prosecution of the claim or the enforceability of claims prevent the opening of insolvency proceedings against the assets of the debtor or the debtor's or appear uneconomic.

(2) the criteria for the setting of collect a claim exist and is the setting of the confiscation has, is to refrain from a further contribution as long as the reasons for the setting of recovery do not fall away (§ 73 para 5 BHG 2013).

Waiver

6. (1) the procedure over the disposal of a waiver (§ 74 BHG 2013) is via an application installed in the ways of the senior financial institution of the debtor or the debtor or amtswegig initiated, whereby the preparation of an official-waiver process priority the claims bring budget leading competent authority is responsible for.

(2) an amtswegig initiated waiver is in accordance with section 74 BHG 2013 only under the condition to offer, that he will be accepted expressly by the debtor or the debtor and this or this 2013 accepted the conditions pursuant to article 74, paragraph 3 BHG, before the decision takes effect and extinguishes the claim against the debtor or the debtor.

(3) is waived in the framework of a comparative agreement on a federal claim, the prerequisites of section 74 are BHG in 2013 to comply. Recognised, however, vague claims of the Federal Government in the context of a comparison to the objectives of financial management (§ 2 BHG 2013) - in particular, the criteria of efficiency and impact orientation - to achieve a better introduction than about a judicial clarification, this comparison does not necessarily involve a waiver.

(4) the requirements for a waiver pursuant to section 74 BHG 2013 and agreed a waiver, no further insertion steps are possible, as long as 2013 emerge BHG no revocation reasons pursuant to article 74, paragraph 3.

Clearing

7. (1) claims are in accordance with § 92 section 3 BHG 2013 in conjunction with § 42 para 2 and 67 para.1 BHV 2013 at their nominal value in the financial accounting system to charge. A requirement is still not sufficiently determined, the amount so the claim is preliminary only as a liability in the accounts receivable (section 65 BHV 2013) to capture. As long as the existence of the claim is itself unclear, any recorded as a liability in the accounts receivable system is necessary. The valuation of the claim is to be made by the competent in accordance with business and personnel Division of the respective budget executive body.

(2) subsequent amendments arise is if necessary to correct the amount recognised as a liability. An already booked claim is possibly worth to mitigate, while impairment to the extent of previously performed impairment is permitted (§ 92 para 8 BHG 2013). Deferral or installment agreements, as well as suspension of confiscation have - apart from possible deferred interest - no effect on the recorded amounts, but move only the time of maturity.


(3) has a setting of confiscation, the claim value to correct so that it is written entirely or partially from, and to suspend the due date is (§ 92 para. 3 BHG 2013 in conjunction with article 67 par. 4 BHV 2013). The fact that the claim not or only more part is recorded in the budget allocation system, does not stock the demand outside against the debtor or the debtor.

(4) a claim against third parties do not or is she barred, is to cause the derecognition of the claim or the commitment by the leading budget authority (article 92 para. 3 BHG 2013 iVm. § 67 ABS 4 BHV 2013).

Decision-making powers

8. (1) dispositions in accordance with § § are 73 and 74 BHG 2013, where the underlying claim is BHG 2013 within the limits of the amount of the transferred scope according to § 73 para 6 or section 74, paragraph 4, to meet the respective budget executive organ itself. The Federal Minister of finance or the Minister of Finance has the required conferral of the budget governing bodies in writing. The domestic governing body that can transfer him an authorization on behalf of his organization and delegation authority to subordinate bodies.

(2) in the case of exceeding the limits of the amounts referred to in paragraph 1, the each affected household governing body has to prepare the decision-relevant facts and to deliver to the Federal Minister of finance or the Minister of finance, or then has the disposition to decide, unless you have the appropriate authorization in accordance with applicable federal financial law or a specific federal law within the meaning of article 42 paragraph 5 B-VG. The relevant procedure is based on an application of the debtor or the debtor's discharge to the applicant by the affected domestic governing body shall be made.

(3) in the case of a joint referral of the Finanzprokuratur, this fact has to point out and to take that which dispose of a claim should be taken, is to decide whether the factually responsible budget executive organ in accordance with the necessary with referral to the Federal Minister of finance or the Federal Minister of finance in each case carefully.

(4) the consideration of the reasons which lead to the respective disposal, is traceable and aktenmäßig to capture.

3. section

Treatment of losses

Damage

§ 9 (1) damage the Federal Government, if a disadvantage to the assets or the person is added to him.

(2) the following provisions shall apply mutatis mutandis if damage of assets, which are kept or used, unless they are in the property of the Federal Government by the Federal Government.

Procedure in cases of damage

§ 10 (1) each institution is obliged, which ended him up acknowledge, claims relating to its scope be reported immediately to the organ after the business and assignment of staff entrusted with processing claims. This has to take all precautions to the full acquisition of the claim, as well as to prohibit the extension or repetition of such. Other management areas are affected, the interaction with them in finding and reporting the total amount of damage and the settlement of the claim is so make sure.

(2) with the acquisition of the claim is to start are all for a claim to collect the necessary information and documentation aktenmäßig immediately after its becoming known. These include in particular: 1 cause and process of the claim as well as nature and estimated extent of damage and time of the loss event;

2. circumstances which allows the occurrence of the claim or benefits, in particular any shortcomings of existing regulations and safety devices;

3. name (s) and data of person (s), which comes as having caused the injury into account (come), as well as information concerning the assessment of own fault as well as a possible Fremdverschuldens and the shipping debt level through the polluter-pays and the authority and the relevant reasons for this and information about a possibly existing insurance;

4. name (s) and data of person (s) who has observed the course of damage as a Zeuge(n) (have) or at the time of the damage near the loss event was, as well as information on the intervention of safety;

5. measures that were prompted to discourage expansion and repetitions of such claim;

6 request tracking (assertion) of the replacement claim including any criminal or disciplinary ad has been taken or is intended, and details of any related to the event-related judicial or other proceedings;

7 in the case of traffic accidents in addition the characteristics of involved vehicles, as well as information about the driving ability involved drivers or handlebar.

(3) the domestic governing body area in which the accident occurred, has to transmit a message to the German Federal Ministry of finance and the Court of Auditors, provided that the amount of damage exceeds the amount of the amount limit, which is determined after the notice referred to in section 8, paragraph 1 in the case of recovery of the claim each damage case. The notification must include the information listed in paragraph 2. The amount of damages to be the message is if he still not clearly can be determined at the time of the refund of thereof, to determine an estimated. This is the necessity of the adjustment of the amount of the damage arises in the course of the further implementation of the recovery procedure to bring the Ministry of finance and the Court of Auditors.

(4) a message to the Court of Auditors can be avoided in so far as this limits of amounts to be determined with regard to certain types of damage or subject him to expressly waived.

Assertion of claims

§ 11 (1) within the framework of the acquisition of the claim has legally to check the body responsible according to § 10 para 1 and to assess to what extent and against whom claims are. Subsequently, the damage (co-) those responsible for the recognition of the claim are to call on. These demands are in addition according to the regulations of the 2nd section claim to make.

(2) when Radebe set claims to employees of the Federal Government is also the regulations to the proceedings, the limitation and moderation rules in particular to article 3 in conjunction with § 6 of the official liability Act (AHG), BGBl. No. 20 / 1949, and § 6 of the service employee liability law (DHG), Federal Law Gazette No. 80/1965, pursuant to § 7 of the organ liability law, BGBl. No. 181/1967, according to the regulations of the Federal staff representation Act, Federal Law Gazette No. 133/1967, and to pay attention to the relevant staff regulations. Also here is to strive for a settlement according to the principles of financial management including impact orientation in the first place.

Settlement of claims

The occurred damages are § 12 (1) by the body responsible for claims in accordance with the valuation rules in the allocation in accordance with § 92 2013 BHG. Any damage claims are in accordance with § 7 and einbringlich to the provisions of the second section. The enforceability of a sufficiently specific claim by statutory rules of moderation within the meaning of section 11 subsection 2 is limited, is a corresponding diminution in value to be applied to the nominal demand. The claims have been resolved, only the merits without having the height can be estimated, an acquisition as a commitment is sufficient provisionally. In particular the damage cause is still not research out, the damage due to lack of specific addressees in the budget allocation system to capture still no claim is merely.

(2) in the case of cash outflows, the deficits in principle by the Treasurer or the Treasurer are to replace, so no allocations are going to be. May in exceptional cases a deficit immediately and completely be replaced shortfall as a deposit to the Treasurer or the Treasurer on an account for "other advances" (account 277 or 278) is so charged. Cash disposals, resulting in particular through account differences, burglary, theft, embezzlement or the Palace of the partial or total claim in accordance with the first sentence, are as "cash disposals and other damage in the short term assets" to charge (account 691).

Salary compensation

13. (1) in cases where a servant or a servant of the Federal Government due to external causation is disabled, so that no service is the or of the servants towards for the duration of invalidity of payment performance of the Federal Government, is this the Covenant resulting damage compared to the Schädigerin or the wrongdoer, which or whose liability insurance or other end of fellow prison claim to make.


(2) through the third generation, that have become unfit for service employees of the Federal Government have to report it immediately at their service authority or personnel office. On request are according to § 53 paragraph 1c of the officials Service Law Act 1979 (BDG), Federal Law Gazette No. 333/1979, or section 5, paragraph 1, of the contract staff Act 1948, BGBl. 86/1948, more no. to issue information and to participate appropriately in claims of the Federal Government is.

(3) the competent fiscal-governing body has immediately after aktenmäßig to capture are known the invalidity in addition to the information to be collected in cases of damage generally and documentation referred to in section 10, paragraph 2 with the following information and documents: 1. information about whether's himself has acted 2. information about a service accident, whether the consequences of accidents or the consequences of any other event were causal to the invalidity , 3. all present medical expert opinion in this context and other medical opinions and documents provided the expert opinion based, which are to transmit BDG by the servants or the employee, 4. the announcement, whether a judicial proceeding of the Schädigerin or the wrongdoer was pending or, in particular pursuant to § 53 is 5 a communication, to what extent recourse on the part of the budget-senior organ taken in terms of the active salary (salary during the sick leave) against the Schädigerin or the wrongdoer or possibly a liability insurance is or was, and 6 a notice to what extent other of the injured Federal employees or of the injured Federal employees-run processes, which are with the other present damaging event in the context or the subject accident, are known the household senior organ, such as, for example, a claim for damages for pain and suffering or earnings.

(4) If after a foreign caused an or a servant of the Federal invalidity cannot be ruled out, that the triggering event later entail a further temporary or permanent invalidity, the domestic governing body of the Schädigerin or the wrongdoer and, where appropriate, of which or whose insurance to obtain a statute of limitations waiver to the necessary temporal extent has. Can a permanent invalidity cannot be ruled out, is the Statute of limitations waiver not only in favour of the Federal Government, but also for the benefit of the public servant (BVA) insurance, Pension Service Department, or the other for the staff or the staff to obtain legally competent insurance institution. The obligation of the respective insurance company to seek a limitation Disclaimer themselves, if she become aware of relevant incidents, remains unaffected.

(5) in addition, the General provisions of this section also apply to claims relating to sickness subrogation.

Pension compensation

Section 14 (1) in cases where a servant or a servant of the Federal Government due to external causation is disabled or killed in an accident, so that pension payments due to invalidity or pensions to their survivors to afford, is the damage caused which or the debtor to the pension or annuity payment to assert on the Schädigerin or the wrongdoer or which or whose liability insurance as a result.

(2) foreign-caused accidents have injured employees of the Federal Government to immediately report this fact with its service authority or their employer. On request are according to § 53 paragraph 1c of the official service law in 1979, Federal Law Gazette No. 333/1979, or section 5, paragraph 1, of the contract staff Act 1948, BGBl. 86/1948, more no. to issue information and to participate appropriately in claims of the Federal Government is.

(3) the competent fiscal-governing body has immediately after becoming aware of the invalidity or Verunglückung in addition to the information and documents in accordance with section 10, paragraph 2, as well as in accordance with § 13 para 3 subpara 1, aktenmäßig to capture 4 and 6 the following information and documents: 1. information about whether the consequences of accidents or the consequences of any other event were causal to the permanent invalidity and retirement transfer , 2. all medical expertises present in this context and other medical opinions and provided the expert opinion to fact that the documents by the servants or the employee to submit BDG are specifically referred to in section 53, and 3. a communication, to what extent with regard to the active compensation (salary during the sick leave) or in terms of performance of the head office, a regional Office of the BVA or an other legally competent insurance institution against the Schädigerin or the wrongdoer or possibly a liability insurance policy, recourse was taken and whether, where appropriate, Court proceedings that were pending or is.

(4) the domestic governing body has any foreign caused an or a servant of the Federal invalidity which could lead to a premature retirement transfer, inform and obtaining a limitation disclaimer by the adhering to the necessary temporal extent the Department board service of the BVA.

(5) in addition, the General provisions of this section also apply to claims relating to pension subrogation.

4 section

Final provisions

Entry into force

Section 15 (1) is this regulation into force on January 1, 2013 and is to apply also to the enforcement of claims incurred before that date of the Federal Government.

(2 No. 209/1992, as amended by no. 8/1995 become) guidelines for the treatment of legal claims (claims) of the Federal Government and claims relating to the Federal Administration, the granting of payment facilities, suspension and setting the collection of accounts receivable and the waiver of claims, AÖF at the end of 31 December 2012 override.

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