Labour Law Amendment Act 2012 - Sräg 2012

Original Language Title: Sozialrechts-Änderungsgesetz 2012 – SRÄG 2012

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_3/BGBLA_2013_I_3.html

3. Federal law that modifies the unemployment insurance law of 1977, the labour market policy financing Act, the labour market Service Act, the labour and health law, the General Law on social security, the commercial social security law, the farmers social insurance law, the officials-sick and accident insurance Act, the Federal care allowance Act, night heavy labour law, the Holidays Act and the working time Act (Labour Law Amendment Act 2012 - SRÄG 2012)

The National Council has decided:

Table of contents



Article



Subject 1 amendment to the unemployment insurance Act 1977 2 amendment to the labour market policy financing Act 3 amendment of the labour market Service Act 4 amendment of the work and health law 5 amendment of the General Social Security Act 6 amendment of the commercial Social Security Act 7 amendment to the farmers Social Insurance Act 8 change of officials-sick and accident insurance Act 9 amend the Federal care allowance Act 10 amendment to the night heavy work Act 11 amendment to the Holidays Act 12 amendment to the working time Act article 1

Amendment to the unemployment insurance act of 1977

The unemployment insurance Act 1977, BGBl. No. 609, as last amended by Federal Law Gazette I no. 98/2012, is amended as follows:

1 § 1 para 1 lit. i deleted and lit. j is called lit. i referred to.

2. paragraph 6 ABS. 1 and 2:

"(1) as cash benefits from the unemployment insurance provided: 1 unemployment;"

2. emergency assistance;

3. percentages of benefits from the pension insurance;

4. further training allowance;

5. age part-time money;

6 transitional allowance after retirement;

7 transitional allowance;

8 retraining money.

(2) as insurance unemployment insurance are granted: 1. health insurance for recipients of benefits pursuant to para 1 Z 1 to 4 and 6 to 8;

2. accident insurance for recipients of benefits pursuant to para 1 Nos. 1, 2, 4 and 8 in accordance with § 40a;

3. pension insurance for recipients of benefits pursuant to para 1 Nos. 1, 2, 4 and 6 to 8;

4. health insurance and pension insurance for persons who received no emergency assistance exclusively for imputation of income of the partner or the partner."

3. paragraph 7 subsection 4:

"(4) by providing the ability to work is to refrain for a period of no more than 78 weeks, if unemployed have finished vocational rehabilitation measures and then meet the projected unit credit without taking into account of periods completed before the end of these measures, as well as a performance from the insured event of reduced working capacity or incapacity related nor meet the eligibility conditions for such performance."

4. paragraph 8:

"Section 8 (1) able to work, who is not invalid and not berufsunfähig in the sense of the ASVG. Is not fit for work anyway, who refers to a performance from the insured event of reduced working capacity or incapacity. Work also is not who meets the eligibility requirements for such performance.

(2) unemployed are, if resulting doubts about their ability to work, or to clarify whether certain activities can jeopardize their health, committed to medical check-up. The study of the ability to work has a competence centre assessment of pension insurance institution set point to take place. The investigation, whether certain activities can jeopardize the health of a particular person, has to be carried out by a suitable doctor or appropriate medical institution. If a medical examination is not already initiated, the regional office if in doubt about their ability to work or the health hazard has to arrange an appropriate investigation. Who refuses to comply with such order, will receive no unemployment benefits for the duration of the refusal.

(3) the employment service has to recognize notices by the pension insurance institution and opinion of the competence center assessment of the pension insurance institution to assess the ability to work and his further activity to actually put.

(4) to persons who comply with the commitment to the medical examination referred to in paragraph 2, Z 1, para 5, para 7 and paragraph 8, section 9 and section 10 and para 1, § 7 para 3 are up to the existence of the fairness opinion assessing the ability to work, at the latest however except for special reasons for three months, not to apply. "If to assume on the basis of the opinion is that ability to work does not exist so extends this period to establishing administrative decision of the pension insurance institution whether vocational rehabilitation measures are appropriate and reasonable."

5. § 10 the following paragraph 4 is added:

"(4) who participates without not compromising the success of the training measure, by the day on a training course, lose the right to unemployment benefits for days of absence, unless this is justified by an overriding reason."

6. in the section 14 para 4, the point is at the end of the lit. f replaced by a semicolon and the following lit. g added: "g) times of participate in vocational rehabilitation measures, if they were not unjustly prematurely terminated after these measures."

7 § 15 para 1 No. 4 is: "4. has received retraining or training or a professional measure of rehabilitation from the statutory social security system underwent has, through which he was; mostly admitted to claim"

8 § 15 para 3 No. 1 is: "1. has taken a sickness benefit or rehabilitation allowance or maternity benefit or; been housed in a medical or care institution"

9. in the section 16, paragraph 1, the point is at the end of the lit. n replaced by a comma and following new lit. o and p added: "o) (the cover of rehabilitation allowance, p) the cover of retraining money as well as a loss of the claim on retraining money."

10. in § 20 paragraph 6, the following sentence is inserted after the first sentence:

If the additional costs associated with participation in measures grant performance by the institution of the institution (§ 18 sec. 6 lit. (s) covered, no additional amount is due."

11 paragraph 22, section 2:

"(2) for the time of ongoing proceedings on granting a performance referred to in paragraph 1 the performance is due to under this Federal Act until a final decision on the claim to the service referred to in paragraph 1 shall only provisionally. Condition for the receipt of the preliminary service is an acknowledgement of the pension insurance institution, that expected an obligation cannot be determined basically within two months after the date of the pension. So, is one called performance recognized in paragraph 1, a transition of the claim pursuant to § 23 para 6 occurs.

12. in article 23 is the expression "medical" in paragraph 3.

13 the following sentence is added to § 36 paragraph 5:

"The tax allowance for the person related to such income in accordance with paragraph 3 lit. (B) lit. a is to raise €80, if this not according to para 3 lit. (B) lit. is to increase b or c. The amount of the increase is a year, for the first time for the year 2014, with the factor of adjustment in accordance with § 108f ASVG to multiply and commercially to round a full euro amount."

14 according to article 39a, the following section 3 b shall be inserted:

"Section 3 b

Special performance for the health-impaired persons

Retraining money

section 39 b. (1) persons for the according to the related regulations of the ASVG administrative decision, that invalidity (disability) is expected to be to the extent of at least six months vocational rehabilitation measures are appropriate and reasonable, established and have right to retraining money, when they are ready next vocational rehabilitation measures to active participation for them in consideration, up to the termination of these measures, at the latest until the end of the month after the end of the last action. The retraining money to from the determination of the pension insurance institution if the claim within four weeks afterwards, otherwise only from claiming. If the labour market service to the reasoned opinion, that the feasibility of professional measures is not or is no longer given the rehabilitation, retraining money is due to the recent decision of the pension insurance institution. So, is awarded to a performance of the pension insurance institution, a transition of the claim pursuant to § 23 para 6 occurs.

(2) the professional rehabilitation measures are to make Z 3 ASVG in the context of the determination under section 367, para. 4. By mutual agreement may be derogated from it, focusing on the demand for skilled workers on the regional labour market and their suitability for the persons concerned.


(3) persons who receive retraining money, are required when choosing to actively planning and implementing the vocational rehabilitation measures. Persons who do not comply with this obligation without good reason meet the offence of section 10 paragraph 1 Z 2 article 10, paragraph 1 is to apply subject to the proviso that the right to retraining money takes the place of a claim for unemployment benefits. § 10 para 3 is to apply with the proviso that a consideration wuerdigender case is also then when training is resumed after a short break and the training success through the interruption is not at risk. § 10 section 4 is to apply subject to the proviso that the right to retraining money takes the place of a claim for unemployment benefits.

(4) the retraining money goes to no. 1 in the phase of the selection and planning of vocational rehabilitation measures in the amount of the unemployment benefit and participate in the first measure of professional rehabilitation at the height of the basic amount of unemployment benefit of plus any surcharges of family, but at least in the amount of a monthly subsistence level in accordance with section 291a para 2 Dreißigstels increased to 22 vH EO , commercially rounded on a dime. Can an initiated measure, although there is no breach of duty, no longer be continued or a training-free period is between several measures for organisational reasons so retraining money is due to continue at their previous level. Can after a breach of duty in accordance with paragraph 3 an initiated measure no longer be continued, so the retraining money goes to rehabilitation only in the amount of the unemployment benefit after the loss of of claims up to participate in the next professional action.

(5) in the other you are on the retraining money for unemployment benefits to apply regulations subject to the proviso that the retraining money takes the place of the unemployment benefit. § 7 para 1 No. 2 and no. 3, para 3 Z 1, paragraph 4, and paragraph 8, article 8, paragraph 1, first sentence, and paragraph 4, § 9, § 10 para 1 Z 1, Z 3 and Z 4 and para 2, § 11, § 12 ABS. 3 lit. f, § 13, § 14, § 15, § 16 par. 1 lit. p, article 18, article 19 and § 23 paragraph 1 to 5 are however not to apply. § 7 paragraph 7 shall apply with the proviso that the weekly minimum hours duration applies the availability to participate in the selection, planning and implementation of vocational rehabilitation. Article 12, paragraph 1 is no. 1 for persons who cannot pay claim from an upright service relationship and their entitled to a cash benefit of health insurance is exhausted, not to apply.

15. in paragraph 40, the expression is in para 1 "§ 6 Z 1 to 4 and 6 and 7" by the expression "article 6, paragraph 1 Z 1 to 4 and 6 to 8" and in paragraph 3 the expression "§ 6 Nos. 1 to 3, 6 and 7" respectively by the expression "article 6, paragraph 1 Z 1 to 3 and 6 to 8" replaced.

16 paragraph 40 paragraph 2:

"(2) by way of derogation from paragraph 1 persons who were covered by health insurance during their last claim service relationship with the insurance institution for railroads and mining, this insurance company, as well as beneficiaries who were covered by medical insurance during the last claim employment at a company health insurance plan, are at this company health insurance, health insurance, her unemployment benefit for a period pursuant to § 18 para 2 lit. b or c or for a prolonged period according to § 18 paragraph 5 or retraining money. This also applies when referenced after the exhaustion of the duration of such performance of emergency assistance or an entitlement to health insurance in accordance with § 34."

17 paragraph 40a:

"§ 40a. Participation in, a measure of demand and retraining and reintegration into the labour market on behalf of the labour market service and during a reference period according to § 18 para 5 as a result of participation in a measure approved by the labour market service and while participating in a vocational rehabilitation measures are persons who receive unemployment benefit, emergency assistance, or retraining money as participants of training courses in the sense of § 8 para 1 No. 3 lit. c ASVG. By way of derogation by article 74, paragraph 2 ASVG considered contribution basis each related performance under this Federal Act. For persons, the training money on the basis of an educational leave (article 26, paragraph 1 Z 1) apply, this shall apply subject to the proviso that the related training money is considered contribution basis. By way of derogation by article 74 para. 3 Z 2 ASVG are contributions from funds for unemployment insurance denied. The Regional Office has to reimburse. messages included whether the employer"

18 § 41 receives the title "Health insurance benefits".

19. in § 41 para 1 the bracket expression "(gemäß § 6 Abs. 1 Z 1, 2, 3 soweit eine Leistung gemäß § 23 Abs. 1 Z 2 beantragt wurde, 4, 6, 7 und 8) is in the first sentence after the expression"Power"" attached

20 § 42 receives the title "Posts and messages to the health insurance".

21. in article 44 paragraph 1, the term "unemployed person" is replaced by the expression "the unemployed, employed, or karenzierten person" Z 2.

22 § 79 para 10 x as amended by Federal Law Gazette I no. 17/2012 para 120 referred to as.

23. the section 79 are added following paragraph 127 to 129:

"(127) § 22 section 2 and section 23 para 3 as amended by Federal Law Gazette I 3/2013 will take no. 1 January 2013 effect and apply for advance services due to applying for in referred to in § 23 para 1 services after December 31, 2012."

(128) article 36 paragraph 5 as amended by Federal Law Gazette I no. 3/2013 effective with July 1, 2013.

"(129) § 1 para 1, § 6 para 1, para. 2 and para 5, § 7 para 4, § 8, § 10 para 4, § 14 para 4, § 15 para 1 Nos. 4 and para 3 Z 1, article 16, paragraph 1, section 3 b (§ 39b and heading), § 40, 40a § and § 41 para 1 as well as the headings before section 41 and 42 § and § 83 para 5 as amended by Federal Law Gazette I no. 3/2013 with 1 January 2014 into force."

24. the section 83 the following paragraph 5 is added:

"(5) the Austrian labour market service has the impact and the development of the use of retraining money (section 39 b) to evaluate and report the Federal Minister for labour, Social Affairs and consumer protection September 30th of each calendar year on the results." The report is to submit for the first time in the calendar year 2015."

Article 2

Amendment of the labour market policy financing Act

The labour market policy financing Act, Federal Law Gazette No. 315/1994, as last amended by Federal Law Gazette I no. 98/2012, is amended as follows:

1. in section 1 para 1 Nos. 5 and 6 as Nos. 6 and 7 referred to and inserted the following new Z 5: "5. related contributions of pension insurance pursuant to section 307a para 4 ASVG to finance professional measures of rehabilitation and other labour market integration, labour market policy measures of the labour market service for people, the retraining money or for rehabilitation or purchased," 2nd In section 1 paragraph 2 be the expression "and" at the end of the Z 13 by a comma replaced , who referred to previous Z 14 as Z 15 and added following new Z 14: "14 for expenses according to the work and Health Act (AGG), Federal Law Gazette I no. 111/2010, and ' 3. Be added following paragraph 49 and 50 the article 10:

"(49) § 1 para 2 Z 13 to 15 in the version of Federal Law Gazette I no. 3/2013 come January 1, 2013 in force."

"(50) article 1, paragraph 1 Z 5 to 7 and article 16 as amended by Federal Law Gazette I no. 3/2013 with 1 January 2014 into force."

4. According to § 15, 16 the following section including headline is attached:

"Financial coverage of professional rehabilitation measures

§ 16. The contributions of pension insurance for the financing of professional measures of rehabilitation and other labour market integration, labour market policy measures of the labour market service for persons who obtain retraining money or for rehabilitation or purchased, pursuant to section 1 para 1 Z 5 supply the labour market reserve. The expenses for vocational rehabilitation measures are each entirely and replace the expenses for the other serving labour market integration measures during the cover of retraining money or for rehabilitation in full and in the first three years after the half. In 2014, the superannuation fund has to make a deposit in the amount of EUR 20 million in March. In subsequent years the deposit through the affected pension insurance institution has to be carried out in March on the basis of an inventory forecast for the current year under offset of the difference between the deposit and settlement (proven expenses) of the previous year. The modalities of the measures serve deposit and settlement of vocational rehabilitation measures and other labour market integration are between the pension insurance institutions and the labour market service with the approval of the Federal Ministry of labour, to reconcile social and consumer protection in agreement with the Federal Ministry of finance."

5. According to § 16 the following section 17 and heading is added:

'Transitional arrangements for the delivery of the resolution


§ 17. Termination of unemployed insurable employment prior to July 1, 2013 not pursuant to section 2 is at b to do if the operation (the company) regarding the affected employee pursuant to section 2 of the Bauarbeiter Urlaubs - and clearance Act (BUAG) is subject to the area of the scheme of paid leave and who laid charges pursuant to § 21a BUAG BUAG has paid for these workers in accordance with article 21. Bauarbeiter Urlaubs - und Abfertigungskasse has as not later than 30 June 2013 a lump-sum settlement to the assigned management of labour market policy in the amount of €4.8 million to provide compensation for this lost taxes."

Article 3

Amendment of the labour market Service Act

The labour market Service Act, Federal Law Gazette No. 313/1994, amended by Federal Law Gazette I no. 122/2011, is amended as follows:

1 § 25 para 1 second sentence deleted.

2. § 29 the following paragraph 4 is added:

"(4) the tasks of the employment service also belongs to promoting the re-employment of health impaired persons through appropriate jobs and supplementary and preparatory measures. It is particularly on the individual performance of, to ensure the development and expansion of qualifications usable on the labour market and securing the economic existence."

3. paragraph 37 b paragraph 3:

"(3) the short-time working aid serves the partial replacement of the additional expenses for the short-time working support, as well as for the contributions to social security and the occupational employee benefits. The aid is due in the amount of the proportionate expenses caused the unemployment insurance in case of unemployment for unemployment benefit plus the contributions to the health insurance and pension insurance. A change of the short-time working state aid to training aid is possible in accordance with the guidelines referred to in paragraph 4. Flat rates can be set for the compensation of the pro-rata costs. Under the condition that no later than end of 2013 aid was granted, the aid from the fifth month of the employer for the contributions to the social insurance expense increased due to the special contribution basis increases."

4. § 37 para 4 fifth sentence and section 37c par. 6 fifth sentence reads each:

"Under the precondition that no later than end of 2013 aid was granted, extensions are permitted up to a total duration of at aid be turn of 24 months."

5. section 37c par. 4 is as follows:

"(4) the training aid is the partial replacement of the additional expenses for the qualification support, as well as for the contributions to social security and the occupational employee benefits. The aid is due to unemployment for unemployment benefits in the amount of the proportionate expenses, that unemployment insurance in the event and training would be created plus the contributions to the health insurance, pension insurance and accident insurance. Flat rates can be set for the compensation of the pro-rata costs. A change from the training aid on short-time working aid is possible in accordance with the guidelines referred to in paragraph 6. Flat rates can be set for the compensation of the pro-rata costs. Under the condition that no later than end of 2013 aid granted, the aid to the expenses of the employer for the contributions to social security increased due to the special contribution basis increases."

6 the following sentence is added to in section 38a:

"The Regional Office has health impaired people, that can not be conveyed on a suitable working area to offer appropriate training or reintegration within eight weeks, if at all possible."

7 § 78 be added following paragraph 27 and 28:

"(27) § 37b of paragraph 3 and paragraph 4 and section 37 c of paragraph 4 and paragraph 6 as amended by Federal Law Gazette I no. 3/2013 with 1 January 2013 into force."

"(28) § 25 para 1, § 29 para 4, § 32 paragraph 6 and section 38a in the version of Federal Law Gazette I no. 3/2013 with 1 January 2014 into force."

8 paragraph 79 subsection 3:

"(3) § 37b paragraph 3 last sentence and paragraph 4 fifth set as well as § 37c par. 4 of last sentence and paragraph 6 fifth set in the version of Federal Law Gazette I no. 3/2013 become at the end of 31 December 2015 override."

Article 4

Modification of the work and health law

The work-and-health law, Federal Law Gazette I no. 111/2010, is amended as follows:

1 in § 1 para 2, the following sentence is inserted after the first sentence:

"Also used the case management for those people, where vocational rehabilitation measures or medical rehabilitation measures are appropriate and reasonable."

2 in § 3 para 2, the point is replaced at the end of the Z 8 by a semi-colon and following Z 9 added: "the 9 main Association of Austrian social insurance institutions; This member has only an advisory voice."

3. § 6 the following paragraph 8 is added:

"(8) to the extent to solve the health problems of persons adopted in the consultation or a case management services are not sufficiently available, the Federal Minister for labour, Social Affairs and consumer protection provision, may take that such services on the basis of contractual arrangements, be provided E.g. through the promotion of pilot projects. The financial resources used for this purpose are to cover, where a year unused funds in a subsequent year may in addition be issued up to a maximum of one million euros each from the conduct of labour market policy and the pension insurance. These funds are in addition to the respective financial contribution referred to in paragraph 2 to 5 to afford."

4. paragraph 7 para 1 to 3:

"(1) irrespective of profession-specific powers and obligations the carrier of information, consultancy and support offering may process the following data about the counseling or in a case management adopted persons, unless this is necessary for the achievement of objectives: 1. name (given name, family name, former name, including any degrees or titles);"

2. address;

3. phone and fax number, E-Mail address;

4. date of birth;

5. social security number;

6 gender;

7 nationality;

8 marital status;

9 information on the status of the person (E.g. employed, unemployed, pensioners, self assured, BEinstG beneficiaries belonging to the District of disabled persons in accordance with article 2, paragraph 1);

10. completed training;

11 professional activities;

12 competent social security institution;

13 information concerning the reason for the use of consultation (E.g., type and severity of the health-related restrictions);

14. information about agreed improvement measures (E.g., type and duration of measures improving health);

15. information on the consulting and contact history (E.g. type, start, duration and termination);

16 information on results of an investigation in the case of an evaluation of measures;

17 information about the background of migration.

(2) the carrier of information, consultancy and support offering may data referred to in paragraph 1 (in particular the opinion of the single point of inspection according to § 307 g ASVG) of the persons receiving the advice by the institutions of the social security system, the labour market service and the Federal Social Welfare Office obtain and transmit this data to the extent in which this in any particular case is necessary to the providers of social security, employment service and the Federal Social Welfare Office. The winners of the social security system, the labour market service and the Federal Social Welfare Office may transmit data referred to in paragraph 1, including reports, which enlighten about the reason for the use of the Advisory services or solution possibilities, the carrier of information, consultancy and support offering.

(3) the carrier of information, consulting and support offer are required to submit data separately following an encrypted connection the Federal Social Welfare Office monthly electronically using: 1 personal data pursuant to § 7 para 1 Nos. 1 to 6, 9, 12 and 15;

2. indirectly personal data pursuant to § 7 paragraph 1 Z 6 to 17, including year of birth and zip code.

Directly personal data in accordance with no. 1 may be of the Federal Social Welfare Office kept no longer than five years and used for the following purposes: a. to the comparison of the use of counselling, information and support offer financing or inviting to advise carriers and delivery of participants and participants (these are the data pursuant to § 7 para 1 Nos. 1 to 6 and 15) on it.

b. establishing the future financing shares pursuant to section 6 para 4 and c. for future surveys of participants and participants of the advice, information and support offer.


Indirectly personal data in accordance with no. 2 may be used only for purposes of ongoing controlling and evaluating the activity of the institution of the advice, information and support offer. The restoration of a direct reference of the person is not permitted. The Federal Social Welfare Office can be used to perform these tasks of service providers. Protection interests may be not hurt third parties within the meaning of § 1 para 1 of the data protection act. In particular corresponds to the State of the art data security measures in accordance with § 14 are in the use of the data to take DSG."

5. in § 7 para 4, the term "Use" is replaced by "Delivery" in the last sentence.

6 paragraph 7 subsection 5:

"(5) for the purpose of assessing the unconditional implementation of services the Federal Social Welfare Office may inspect, insofar as this is necessary, personal data."

7 7 paragraph 7 the following sentence is added to §:

"This applies equally to employees of institutions and facilities that become aware of personal data in the context of case management (para. 2)."

8. after article 7, the following new section 8 and heading shall be inserted:

"Statistical and scientific investigations

"Section 8 (1) the carrier of information, consulting and support offer have the data according to § 7 paragraph 1 Z 4 6 to 17, including the postal code of the address, associated with the encrypted sector-specific personal identifier ' official statistics ' (bPK AS), Statistics Austria (Federal Institute) for the purpose of storage and enable subsequent deeper further scientific and statistical studies per month to the Federal Agency. Encrypted bPK AS can be provided for this the carriers of information, consulting and support offer by way of the Federal Social Welfare Office. The data transmitted by the carriers of information, consulting and support offer are the Federal Agency indirectly personal data for 30 years to save.

(2) other authorities, social security institutions and the labour market service may transmit associated with the encrypted bPK AS, the Federal Agency for the purpose of merging with the data referred to in paragraph 1 and the following scientific or statistical analysis according to statutory requirements processed data of the own field of State activity. A return transmission of merged indirectly personal data or the return on a related person may not be. The Federal agency created the scientific or statistical evaluations for hiring by the Federal Minister for labour, Social Affairs and consumer protection. The Federal Agency provides its services under this Federal Act against reimbursement of costs pursuant to § 32 para 4 2000 No. 2 of the Federal Statistics Act. The indirectly personal data transmitted pursuant to this paragraph and merged for purposes of scientific or statistical evaluations are to delete after three years at least."

9. the previous section 8 is known as section 9 and added to the heading "Entry into force" instead of the previous section 9 the following section 10:

"Section 10 (1) this federal law in its version of the budget accompaniment Act 2011, Federal Law Gazette I no. 111/2010, effective with January 1, 2011."

"(2) section 1 para 2, § 3 para 2, § 6, par. 8, § 7 para 1 to 5 and 7, section 8 including heading, section 9 and section 10 as amended by Federal Law Gazette I no. 3/2013 with 1 January 2013 into force."

Article 5

Change of the General Social Insurance Act (78th amendment to the ASVG)

The General Social Security Act, Federal Law Gazette No. 189/1955, as last amended by Federal Law Gazette I no. 89/2012, is amended as follows:

1. in article 8 paragraph 1 Z 1 is the lit. following c lit. (d) inserted: "d) the recipients of rehabilitation allowance (article 143a) with the exception of § 1 para 1 persons referred to in Nos. 17 to 19 and 21 to 23 B KUVG," 2. In § 8 para 1 subpara 2 lit. c is replaced by the expression "Sickness benefit and rehabilitation allowance" the word "Sick".

3. in article 10, according to paragraph 5, the following paragraph 5a is inserted:

"(5a) compulsory insurance which in § 8 para 1 subpara 1 lit." d designated persons the rehabilitation allowance (article 143a) begins with the day the deserves."

4. in the section 10 para 6, b Z 3 is inserted after the word "Sick" the expression "or rehabilitation allowance".

5. in article 12, after paragraph 4, the following paragraph 4a is inserted:

"(4a) the compulsory insurance which in § 10 paragraph 5a designated persons goes out with the omission of rehabilitation money (article 143a)."

6. in article 16, according to paragraph 2, the following paragraph 2a is inserted:

"(2a) Notwithstanding para 1 can persons who devote themselves to the care of a disabled child and the requirements of section 18a, paragraph 1 and 3 meet, on application to social vulnerability self insure, unless they are compulsorily and not eligible nationals of an obligatory health insurance individual health insurance."

7. in § 31 para 2, the point will be replaced at the end of the No. 4 by a comma; following Z 5 is inserted: "5. the creation of a rehabilitation plan for the social security institutions."

8. in § 31 para 3 Z 9 is inserted each of the expression "and section 669, paragraph 7" after the expression "according to § 460 c".

9. in § 31 para 5 Z 20 is after the expression "§ 307c" the expression "and on the rehabilitation plan pursuant to par. 2 Z 5" added.

10 No. 21 the following phrase is added § 31 para 5:

"in establishing these guidelines Z 5 is in particular on the rehabilitation plan referred to in paragraph 2 to be taken into account;"

11. in § 31 para 5, the point will be replaced at the end of the Z 35 with a semicolon; following Nos. 36 and 37 are inserted: ' 36. the principles of the creation of opinion in matters of vocational rehabilitation measures (§ 307 g para 3); "

37. for the interaction of insurance institutions with each other and with the public employment service in the implementation of medical and vocational rehabilitation to maintain or regain the ability to work."

12 § 36 para 1 13 following Z 13a is inserted in to the Z: '13a.
for pursuant to § 8 para 1 subpara 1 lit. d and subpara 2 lit. "c obligatory recipients of rehabilitation allowance insurance institution;"

13. in article 44 paragraph 1 Z 14 is the expression "Recipients of sickness benefit" by the expression "recipients-seekers of sick pay. as well as the according to § 8 para 1 subpara 1 lit "d obligatory recipients-seekers by rehabilitation money" replaced.

14. in section 44, par. 6 lit. a will after the expression "Z 8" the expression "at obligatory pursuant to § 8 para 1 No. 2, involving retraining money," added.

15. in section 76 para 1 2 following Z 3 inserted after the Z: "3 for those self insured para 2a belonging to the Group of persons according to § 16, €22,14; "with regard to § 108 paragraph 6 with the respective number of appreciation takes the place of this amount from 1 January of each year, for the first time from January 1, 2013, (§ 108 para 1) multiplied amount;"

16 in the section 77, paragraph 7, of the expression 'in accordance with section 18a"by the expression is" according to § 16 para 2a and 18a "replaced.

17. in section 79c para 1 first sentence is after the expression "section 124 para 1a and 1B BSVG" inserted the expression "and a report to the development of disability as well as the structure and quality of results and the effectiveness of medical and professional rehabilitation measures".

18 § 88 par. 2 lit. a is: ' a) sickness insurance half of sickness benefit or rehabilitation money, which would have are due to the insured person, "19. In § 99 para 3 input eliminates the comma; the No. 1 is: "(1. mit dem Ablauf des Kalendermonates, der auf die Zustellung des Bescheides folgt, a) if the revocation reason in the restoration or improvement of the physical or mental condition of the entitled person;"

"(b) if in the case of the cover of rehabilitation money with the use of the competence center assessment (§ 307 g) noted that no longer exists in the temporary disability (disability) or the person to rehabilitierende denied her reasonable participation in medical rehabilitation measures (section 143a para 4);"

20. in section 108e paragraph 9 Z 2 is the expression after the expression "each year" ", except for those years in which a report is to repay after no. 3" added.

21. in § 108e para 9 Z 3 the expression "as well as the public preview for no. 2" is inserted after the expression "until the year 2050" and the expression "30 September" is replaced by "31 October".

22 in § 108e para 9 No. 3, the expression "for the first time in the year 2007" "for the first time in the year 2014" is replaced by the expression.

23 paragraph 117 Z 3: "3. in case of incapacity for work due to illness or reduced working ability of insurance: sickness benefit (articles 138 to 143) or rehabilitation allowance (article 143a);"

24. in § 138 para 2 is lit according to the. following e lit. f insert: "f) which according to § 8 para 1 subpara 1 lit. "d Teilversicherten;"


25. in section II of the second part, the following subsection is inserted after the 3rd subsection 3a along with headings:

"3a. subsection

Rehabilitation allowance

Article 143a. (1) persons, for which at the request of administrative decision found that temporary disability (disability) is expected to be to the extent of at least six months (section 367 para 4) and vocational rehabilitation not appropriate measures (article 303 paragraph 3) or not reasonable (Section 303 para 4), are entitled to rehabilitation allowance from the temporary disability (disability) for the duration of the occurrence. The further existence of the temporary disability (disability) is insurance institution of each if necessary, after one year after the granting of rehabilitation money or the last peer review, to review, with the use of the competence center in the context of case management in any case, review (§ 307 g). The granting and withdrawing of rehabilitation money is carried out by decision of the pension insurance institution.

(2) the rehabilitation allowance is due to the extent of sickness benefit according to article 141, paragraph 1 and from the 43rd day to the extent of increased sick pay pursuant to section 141 paragraph 2, that would deserve from the last employment into account being immediately preceding periods of sickness coating. Anyway, it deserves but at the height of the units according to article 293, paragraph 1 lit. a sublit. BB. The increase is up to this indicative rate only to grant, as long the person-related rehabilitation money has lawful, habitual abode in Germany.

(3) the right to rehabilitation money coincides with a claim on income that exceeds the amount according to § 5 para 2 subpara 2, goes to a partial rehabilitation allowance, the amount of which by analogy is to be determined pursuant to § 254 para 7. Entitlement to rehabilitation money coincides with a claim for sickness benefits, the entitlement to sickness benefit with the amount of rehabilitation money rests. Article 143, para. 1 No. 3 shall apply. Times for the entitlement to sickness benefit on the basis of the rehabilitation money cover rests, is on the maximum duration according to § 139 not to.

(4) denied the rehabilitierende person to that so is your reasonable participation in medical rehabilitation, measures to withdraw her rehabilitation money to note on this legal consequence for the duration of the denied involvement.

Case management

§ 143 b. The health insurance carriers have no. 1 pursuant to § 8 para 1 lit. (d) comprehensive obligatory persons to support in order to ensure a treatment process corresponding to the State of medical science for the transition between a treatment and rehabilitation to restore the work of and to ensure an optimal trace of the steps of the supply. In this framework is to help the insured person during the treatment and medical rehabilitation to restore the work of coordinating the steps continue to be set and to accompany that, after a corresponding needs assessment an individual care plan is created and implemented by the individual LeistungserbringerInnen. In the context of case management to take, that the insured regular assessments in the competence centre undergoing 307 g according to § is carefully. The health insurance carriers have this connection with the labour market service and the competent pension insurance institution in time to vote. The pension insurance institution may require an appraisal at the competence center assessment with the involvement of case management.

Reimbursement of costs

§ 143c. (1) the pension insurance institution have to replace the designated cost for the rehabilitation allowance, as well as the pro-rata administrative costs the health insurance bodies for recipients of rehabilitation allowance (article 143a) and to transfer the resources to the Association. 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.

(2) 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 health insurance providers."

26 § 222 para 1 subpara 2 lit. a is: 'a) medical rehabilitation measures (§§ 253f, 270 b),"27 § 222 para 2 subpara 2 lit. a is: "a) medical rehabilitation measures (section 276f)," 28. In the article 225, paragraph 1, no. 3 is inserted after the expression "section 18" the expression "or § 18a in conjunction with section 669, paragraph 3".

29. in section 234 paragraph 1 Z 5 is inserted after the parenthetical expression (maternity allowance) the expression "or rehabilitation allowance".

30. in article 251a para 1 second sentence is the expression 'of the § 253e or the article 270a' by the expression "the article 253f (§ 270b, § 276f)" replaced.

31. in paragraph 252 par. 2 No. 3 is the expression "of the period referred to in no. 1" by the expression "the Z 1 or the period referred to in no. 2" replaced.

32. § 253e is repealed.

33. According to § 253e, the following article 253f and heading shall be inserted:

"Medical rehabilitation, claim measures

Article 253f. (1) persons for the administrative decision, concluded that there is temporary disability within the meaning of § 255 par. 1 and 2 or 3 to the extent of at least six months are entitled to medical measures of rehabilitation (section 302, paragraph 1) If this is necessary and appropriate as a result of the health condition to restore the work of.

(2) the measures must be adequate and appropriate referred to in paragraph 1, they shall not exceed the amount of the necessary. You are to provide by the pension insurance institution, taking into account the State of health and the reasonability for the insured person.

(3) the measures provided under para 1 by accommodation in hospitals that mainly serve the rehabilitation, article 302, paragraph 4 shall apply."

34. Article 254 para 1 Nos. 1 and 2 are: "1 the disability (section 255) on the basis of the physical or mental condition likely to permanently exists, 2. vocational rehabilitation measures not appropriate (article 303 paragraph 3) or not reasonable (Section 303 para 4) are," 35. is section 255a together with heading:

"Determination of disability

section 255a. The insured person is entitled solely for the purpose of assessing the feasibility of medical or vocational rehabilitation measures to make a separate request to be established prior to submission of an application for pension, whether disability in the sense of § 255 par. 1 and 2 or is expected to be permanently within the meaning of article 255 par. 3. "This application has the insurance carrier in a separate procedure (§ 354 Z 4) to decide."

36. section 256 is repealed.

37. Article 270 shall be repealed.

38. after article 270a, 270 the following section is inserted b together with heading:

"Medical rehabilitation, claim measures

§ 270 b. (1) persons for the administrative decision, concluded that there is temporary disability within the meaning of article 273 par. 1 or 2 to the extent of at least six months have claim on medical rehabilitation measures (section 302 para 1), if this is necessary and appropriate as a result of the health recovery of working capacity.

(2) the measures must be adequate and appropriate referred to in paragraph 1, they shall not exceed the amount of the necessary. You are to provide by the pension insurance institution, taking into account the State of health and the reasonability for the insured person.

(3) the measures provided under para 1 by accommodation in hospitals that mainly serve the rehabilitation, article 302, paragraph 4 shall apply."

39. § 271 par. 1 Z 1 and 2 are: "1 the disability (article 273) on the basis of the physical or mental condition likely to permanently exists, 2. vocational rehabilitation measures not appropriate (article 303 paragraph 3) or not reasonable (Section 303 para 4) are, ' 40. § 271 par. 3 is:

"(3) section 254 para 3 to 8 is apply mutatis mutandis."

41. § 273a including heading is as follows:

"Determination of disability

§ 273a. The insured person is entitled solely for the purpose of assessing the feasibility of medical or vocational rehabilitation measures to make whether disability in the sense of § 273 1 or within the meaning of article 273 par. 2 is expected to be permanently a separate request to be established prior to submission of an application for pension. "This application has the insurance carrier in a separate procedure (§ 354 Z 4) to decide."

42. § 276e is repealed.

43. According to § 276e, 276f the following paragraph with heading shall be inserted:

"Medical rehabilitation, claim measures


§ 276f. (1) persons for the administrative decision, concluded that there is temporary disability within the meaning of § 255 par. 1 and 2 or 3 to the extent of at least six months are entitled to medical measures of rehabilitation (section 302, paragraph 1) If this is necessary and appropriate as a result of the health condition to restore the ability to work.

(2) the measures must be adequate and appropriate referred to in paragraph 1, they shall not exceed the amount of the necessary. You are to provide by the pension insurance institution, taking into account the State of health and the reasonability for the insured person.

(3) the measures provided under para 1 by accommodation in hospitals that mainly serve the rehabilitation, article 302, paragraph 4 shall apply."

44. in the section 277, paragraph 2, of the expression "in force on 31 December 2013" is inserted after the expression "§ 256".

45. § 279 para 1 Nos. 1 and 2 are: "1 the disability (section 280) on the basis of the physical or mental condition likely to permanently exists, 2. vocational rehabilitation measures not appropriate (article 303 paragraph 3) or not reasonable (Section 303 para 4) are, ' 46. Article 279, paragraph 3 is:

"(3) section 254 para 3 to 8 is apply mutatis mutandis."

47. According to section 280, 280a the following paragraph with heading shall be inserted:

"Determination of disability

§ 280a. The insured person is entitled solely for the purpose of assessing the feasibility of medical or vocational rehabilitation measures to make a separate request to be established prior to submission of an application for pension, whether disability in the sense of § 255 par. 1 and 2 or is expected to be permanently within the meaning of article 255 par. 3. "This application has the insurance carrier in a separate procedure (§ 354 Z 4) to decide."

48. in the § 292 section 4 lit. r is the expression "article 8 par. 4 Z 5" by the expression "§ 8 para 4 No. 6" replaced.

49. in the section 301, paragraph 1, second sentence replaces the expression "§§ 253e and 270" by the expression "paragraphs 253f and 270 b 276f".

50th paragraph 303:

"Vocational rehabilitation measures are 303 (1) insured persons after due consideration, by way of analogous application of § 198 - with exception of para 2 Z 2 of this provision - granted, if this due to their health condition is appropriate (para. 3) and reasonable (para. 4)."

(2) measures are only those that the likely long term disability or disability can be eliminated or avoided, and which are likely to ensure a reintegration in the labour market in the long term with high probability according to para 1.

(3) the measures must be adequate and appropriate referred to in paragraph 1, they shall not exceed the amount of the necessary. You may be provided by the pension insurance institution, taking into account the labour market and their reasonableness for the insured person.

(4) the measures referred to in paragraph 1 the insured person are only reasonable, when they are established and carried out, taking into account their physical and mental fitness, her previous occupation as well as the duration and the scope of their previous training (skill level), as well as their age, their health status and the duration of pension cover. Measures of rehabilitation, which include training as a professional activity, through which the qualification level is drops significantly, may be carried out only with the consent of the insured person. The insured person has exercised an activity, which requires the completion of an apprenticeship or a middle school, or has acquired qualified knowledge or skills through practical work, which just received a teaching degree or middle school, a rehabilitation on activities that provide no equivalent training is in any case inadmissible.

First sentence is determined (5) the level of qualification within the meaning of paragraph 4 after vocational training necessary for the activity as well as the knowledge required for the pursuit of and skills (expertise)."

51. in the section 306, paragraph 1, first sentence, is after the expression "to make" the expression ", if not entitled to rehabilitation allowance (article 143a) or retraining money (§ 39 b AlVG) is" inserted.

52. § 306 para 1 last sentence deleted.

53. in the title, which becomes section 307a after the word "Rehabilitation" expression ", reimbursement of costs" added.

54. the section 307a, paragraph 1 replaces the expression "§§ 253e and 270" by the expression "paragraphs 253f and 270 b 276f".

55 the following paragraph 4 is added to § the 307a:

"(4) the pension insurance institutions have for cases in which they have been determined according to section 367, paragraph 4 that the disability (disability) is expected to at least six months last and vocational rehabilitation measures are appropriate and reasonable, to reimburse the costs of the labour market service this arising out of the provision of vocational rehabilitation measures annually. "Deposit and settlement this refunding depends on section 16 of the labour market policy financing Act (AMPFG), BGBl. No. 315/1994."

56. According to § 307f, the following paragraph is inserted 307 g together with the heading:

"Competence center assessment"

§ 307 g. (1) for the creation of medical, students and labour market-related reports will be at the superannuation fund a "competence center assessment" set up. Labour market-related questions a competent representative / a knowledgeable representative of the labour market service is if necessary consult.

(2) in the preparation of opinion in matters of insurance cases of reduced ability to work and the care allowance within the meaning of the Federal care allowance Act, the standards of the professional societies are concerning to note the medical assessment.

(3) the opinion in matters of vocational rehabilitation are in accordance with the principles according to the guidelines of the Confederation (§ 31 section 5 Z 36) to create.

(4) for the training of persons who may be used to create opinions in matters of insurance cases of reduced ability to work and the care allowance within the meaning of the Federal care allowance Act, the pension insurance institution have according to this federal law - to build an Academy for medical and nursing assessment after the GSVG and the BSVG and the public servant insurance company – in the framework of a non-profit association together with the makers of the pension insurance and operate.

(5) the insurance carrier and the labour market service can the creation of opinion after paragraph 1 the competence center assessment transfer. You have to replace the designated cost for the transferred assessments of the superannuation fund. section 307a para 3 is to apply mutatis mutandis. The implementation of the rehabilitation procedure remains whether the competent insurance institutions and the labour market service in the cases involving of the transfer of the creation of opinion."

57. in paragraph 311, according to paragraph 1, the following paragraph 1a is inserted:

"(1a) an amount of the transfer within the meaning of paragraph 1 is even payable when a pension recipient or a Pensionsempfängerin leaves a pension money, which is an adult from a pension insurance free service relationship, as far as nothing else is determined in paragraph 3 and 4."

58. in article 361 para 1 second sentence the expression "including rehabilitation money" is inserted after the word "Rehabilitation".

59. in the section 362, paragraph 2, the expression "Measures of vocational rehabilitation (§§ 253e, 270a)" is replaced by the expression "medical rehabilitation (§§ 253f, 270 b and 276f) measures".

60th the section 362, paragraph 2 the following sentence is added:

"The same applies section 255a (§ 273a, § 280a) in case of determining after, disability (disability) is not available."

61. in the section 362, paragraph 3, the expression "of nine months' is replaced by the expression"by twelve months'.

62. the following paragraph 4 is added to § the 362:

"A renewed application before expiry of the period of 18 months is (4) by way of derogation from paragraph 2 also then not be rejected, if 1 the health insurance institution for persons entitled to rehabilitation allowance. notes that employability is present again, or 2. enters the labour market service to the reasoned opinion, that the feasibility of professional measures is not or is no longer given the rehabilitation."

63. last sentence in § 363 paragraph 2 the word "Arrest" is replaced by the word "Imprisonment".

64. the following paragraph 4 is added to § the 366:

"(4) to clarify the question of whether vocational rehabilitation measures are reasonable under section 303 (4), the institution of pension insurance with the personal participation of the requesting person has making a berufskundliche assessment and to listen to them on the findings as far as them not already answer question on the basis of the medical examination referred to in paragraph 1 can."

65. in the section 367, paragraph 1 first sentence is replaced by the expression "medical treatment" the expression "professional activities".

66. the following paragraph 4 is added to § the 367:


"(4) rejected a requested performance from the insured event of reduced ability to work due to permanent invalidity (disability) on the basis of the physical or mental state to do is, or after section 255a (§ 273a, § 280a) found that the disability (disability) is probably not permanent, so has to determine the insurance carrier by virtue, 1 whether disability (disability) in the sense of § 255 par. 1 and 2 (§ 273 section 1) or in the sense of § 255 par. 3 (§ 273 par. 2) exists and when she occurred (§ 223" Para 1 subpara 2 lit. a);

2. whether the disability (disability) is expected to at least six months will continue.

"3. If vocational rehabilitation appropriate measures (article 303 paragraph 3) reasonable (Section 303 para 4) and are for what professional field, the insured person may be qualified by these measures."

67. According to article 368, including heading the following section 368a is inserted:

"Delivery of notices of the pension insurance institution to the providers of health insurance

section 368a. The pension insurance institutions not suitably have notices in which it was found that temporary disability (disability) is expected to be to the extent of at least six months (section 367 para 4) and vocational rehabilitation measures (article 303 paragraph 3) or (Section 303 para 4) are not reasonable, to immediately provide the competent sickness insurance institution for the performance of rehabilitation money § 143a."

68. in the section 440a para 5 introduction is 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".

69. paragraph 460c:

"§ 460c." From these benefits, recipients of benefits on the basis of the pension right under the orders of service each have to contribute backup. This amounts for services (performance parts) 1 up to the amount of 35% of the monthly maximum contribution basis to 3.3%, 2. 35% of the monthly maximum contribution basis up to the amount of 70% of the monthly maximum contribution basis at 4.5% and 3. over 70% of the monthly maximum contribution basis to 6.0%.

On this backup post an additional contribution is according to § 31 para 3 Z 9."

69. In section 667 of the expression "January 1, 2008" replaces "31 December 2007" Z 2 the expression.

70. paragraph 667 in the version of Federal Law Gazette I 89/2012 is no. labeled "section 668".

71. According to section 668, 669 the following section including headline is attached:

"Final provisions article 5 of the Federal Act Federal Law Gazette I no. of 3/2013 (78th story)"

669. (1) come into force it: 1 with 1 January 2013 §§ 16 para 2a, 31 para 3 Z 9, 76 para 1 No. of 3, 77 para 7, para 9 108e No. 2 and no. 3 in the version of the No. 21, 225 paragraph 1 Z 3, 311 363 paragraph 2 ABS. 1a, 440a para 5 and 460 c in the version of Federal Law Gazette I no. 3/2013;

2. by 1 January 2014 the §§ 8 par. 1 Z 1 lit. d and subpara 2 lit. c, 10 paragraph 5a and 6B Z 3, 12 paragraph 4a, 31 para 2 and 5, 36 para 1 No. 13a, 44 para 1 No. 14 and paragraph 6 lit. a, 88 para 2 lit. a, 99 para 3 input and Z 1, 108e 9 para 3 as amended by the Z 22, Z 117 Z 3, 138 para 2 lit. f, 222 para 1 subpara 2 lit. a and para 2 subpara 2 lit. a, 234 paragraph 1 Z 5, 251a para 1, 253f together with heading, 254 para 1 Nos. 1 and 2, 255a, including heading, 270b together with heading, 271 para 1 Nos. 1 and 2 and paragraph 3, 273a, including heading, 276f together with heading, 277 para 2, 279 par. 1 Z 1 and 2 and paragraph 3, 280a plus header, 301 para 1, 303 , 306 para 1, 307a, heading and paragraph 1 and 4, 307 g including heading, 361 para 1, 362 para 2-4, 366 para 4, 367 paragraph 1 and 4, 368a along with heading and subsection 3a of section II of the second part together with headings (Articles 143a and 143c) as amended by Federal Law Gazette I no. 3/2013;

3. with 1 January 2016 section 79c para 1 as amended by Federal Law Gazette I no. 3/2013;

4. retroactively with June 1, 2012 the sections 252, para 2 No. of 3 and 292 paragraph 4 lit. in the version of Federal Law Gazette I no. 3/2013.

(2) §§ 253e, 256, 270 and 276e occur at the end of 31 December 2013 override.

(3) the auto insurance in pension insurance according to section 18a may at the request of persons who at some point in the period between 1 January 1988 and 31 December 2012 have satisfied the prerequisites for this auto insurance, later claimed, namely - back-calculated from the day of submission - for months, but no longer than for 120 months, or all where those conditions were available. § 18 para 2 shall apply mutatis mutandis.

(4) the health insurance carriers have the expenses incurred by the introduction of rehabilitation money according to article 143a until December 31, 2015, to evaluate together with the pension insurance institution by March 31, 2016. The evaluation report is to present the Federal Ministry for labour, Social Affairs and consumer protection and the Federal Ministry of health.

(5) on people who have already completed the 50 years of age on January 1, 2014, the §§ 222, para 1 and 2 are 254 para, 251a para 1, 253e, 1 Nos. 1 and 2, 256, 270, 271 par. 1 Z 1 and 2 and paragraph 3, 276e, 277 para 2, 279 paragraph 1 Z 1 and 2 and paragraph 3, 301 section 1 , 306 paragraph 1 applying 362 version applicable in paragraph of 2 and 367 § 1 in the on 31 December 2013.

(6) persons temporarily to pension of the insured event of reduced ability to work involving a on December 31, 2013, is applied section 256 in the on 31 December 2013 as in force until the expiration of the respective time limit applying.

(7) § 460c, second sentence, in the version of Federal Law Gazette I no. is 3/2013 on recipients of services, for which the pension law of service orders no collective pension income limit is to apply to appear in the position of percentages by 3.3%, 4.5% and 6.0% the percentages of 3.5%, 5.0% and 7.1%.

(8) article 25, paragraph 3 is acts apply only to insurance cases in which the date is after December 31, 2013."

Article 6

Amendment of the commercial law on social insurance (40. amendment of the GSVG)

The commercial Social Security Act, Federal Law Gazette No. 560/1978, as last amended by Federal Law Gazette I no. 76/2012, is amended as follows:

1. in article 23, the word "Arrest" is replaced by the word "Imprisonment".

2. in the section 128 paragraph 2 No. 3 is the expression "of the period referred to in no. 1" by the expression "the Z 1 or the period referred to in no. 2" replaced.

3. in section 149, paragraph 4 lit. r is the expression "article 8 par. 4 Z 5" by the expression "§ 8 para 4 No. 6" replaced.

4. after section 171, the following article 171a including heading shall be inserted:

"Competence center assessment"

section 171a. (1) for the creation of medical and students opinions relating to this Federal Act and of the FSVG has the insurance carrier together with the support of the pension insurance after the BSVG a "competence center assessment" to set up in the form of a limited liability company.

(2) in the preparation of opinion in matters of insurance cases of incapacity for work and the care allowance within the meaning of the Federal care allowance Act, the standards of the professional societies are concerning to note the medical assessment.

(3) the opinion in matters of vocational rehabilitation are in accordance with the principles according to the guidelines of the Confederation (§ 31 section 5 Z 36 ASVG) to create.

(4) for the training of persons who may be used to create opinions in matters of insurance cases of incapacity for work and the care allowance within the meaning of the Federal care allowance Act, the insurance carrier - together with the makers of the pension insurance has the ASVG and the BSVG and the public servant insurance company – in the framework of a non-profit association to build an Academy for medical and nursing assessment and operate."

5. in article 175 paragraph 1 according to paragraph 1, the following paragraph 1a is inserted:

"(1a) an amount of the transfer within the meaning of paragraph 1 is to repay even if a pension recipient or a Pensionsempfängerin leaves a pension money, which has accrued from a pension insurance free employment, insofar as nothing else is determined in paragraph 3 and 4."

6. in the section 214, paragraph 4, introduction is 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".

6a. In article 346 of the expression "January 1, 2008" replaces "31 December 2007" Z 2 the expression.

7. According to § 346 347 the following section including headline is added:

"Final provision to article 6 of the Federal Act Federal Law Gazette I no. of 3/2013 (40th novel)"

347. (1) it take effect: 1 with 1 January 2013 the §§ 23, 175 par. 1a and 214 paragraph 4 as amended by Federal Law Gazette I no. 3/2013;

2. with 1 January 2014, including section 171a heading as amended by Federal Law Gazette I no. 3/2013;

3. retroactively with June 1, 2012 the §§ 128 paragraph 2 No. of 3 and 149 paragraph 4 lit. in the version of Federal Law Gazette I no. 3/2013.


(2) § 25 paragraph 3 is acts apply only to insurance cases in which the date is after December 31, 2013."

Article 7

Amendment to the farmers Social Insurance Act (40. amendment to the BSVG)

The peasants Social Security Act, Federal Law Gazette No. 559/1978, as last amended by Federal Law Gazette I no. 76/2012, is amended as follows:

1. in paragraph 21, the word "Arrest" is replaced by the word "Imprisonment".

2. in article 23, paragraph 1a is inserted before the last sentence of the following sentence:

"The withdrawal is no later than 30 April of the contribution year following the amendment to make."

3. in the section 23, paragraph 3, the point is at the end of the lit. g replaced with a semi-colon; following lit. h is inserted: h) when the land(forst)wirtschaftliche in the form of a civil-law partnership is run and not all partners co-owners of land(forst)wirtschaftlichen at joint expense and risk operation (lit. (b) are, the unit value that is shared in the ratio of associates."

4. in § 23 para 3 penultimate set eliminates the bracket expression (co-ownership).

5. in § 23 paragraph 12, of the expression 'in accordance with paragraph 4a"is replaced by the expression"according to the paragraph 4a and 4 d".

6. in the section 119 subsection 2 No. 3 is the expression "of the period referred to in no. 1" by the expression "the Z 1 or the period referred to in no. 2" replaced.

7. in the § 140 para 4 lit. r is the expression "article 8 par. 4 Z 5" by the expression "§ 8 para 4 No. 6" replaced.

8. after section 163, 163a the following paragraph and heading shall be inserted:

"Competence center assessment"

§ 163a. (1) for the creation of medical and students opinions relating to this Federal Act has the insurance carrier together with the support of the pension insurance after the GSVG a "competence center assessment" to set up in the form of a limited liability company.

(2) in the preparation of opinion in matters of insurance cases of incapacity for work and the care allowance within the meaning of the Federal care allowance Act, the standards of the professional societies are concerning to note the medical assessment.

(3) the opinion in matters of vocational rehabilitation are in accordance with the principles according to the guidelines of the Confederation (§ 31 section 5 Z 36 ASVG) to create.

(4) for the training of persons who may be used to create opinions in matters of insurance cases of incapacity for work and the care allowance within the meaning of the Federal care allowance Act, the insurance carrier - together with the makers of the pension insurance has the ASVG and the GSVG and the public servant insurance company – in the framework of a non-profit association to build an Academy for medical and nursing assessment and operate."

9. in the section 167, paragraph 1, pursuant to paragraph 1 of the following paragraph 1a is inserted:

"(1a) an amount of the transfer within the meaning of paragraph 1 is to repay even if a pension recipient or a Pensionsempfängerin leaves a pension money, which has accrued from a pension insurance free employment, insofar as nothing else is determined in paragraph 3 and 4."

10. in the section 202 (4) introduction is 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".

11. in paragraph 333, the expression "149 paragraph 4" is replaced by the expression "140 paragraph 4".

11A. In paragraph 336 of the expression "January 1, 2008" replaces "31 December 2007" Z 2 the expression.

12. According to article 338, 339 the following section including headline is attached:

"Final provision to article 7 of the Federal Act Federal Law Gazette I no. of 3/2013 (40th novel)"

339. (1) it take effect: 1 with 1 January 2013 sections 21, 23 paragraph 1a, 3 and 12, 167 par. 1a and 202 paragraph 4 as amended by Federal Law Gazette I no. 3/2013;

2. with 1 January 2014, including § 163a heading as amended by Federal Law Gazette I no. 3/2013;

3. retroactive with June 1, 2012 the §§ 119, para 2 No. 3, 140 paragraph 4 lit. r and 333 in the version of Federal Law Gazette I no. 3/2013.

(2) § 25 paragraph 3 is acts apply only to insurance cases in which the date is after December 31, 2013."

Article 8

Change of officers sick and accident insurance Act (39. 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. 35/2012, is amended as follows:

1. in the section 84, paragraph 1, the expression is "sickness benefit in accordance with the paragraphs 138 to 143 and" by the expression "sickness benefit in accordance with the paragraphs 138 to 143 and rehabilitation allowance referred to in article 143a and" replaced.

2. According to Article 118a, 118 the following section b together with heading is inserted:

"The reimbursement of costs for the performance of rehabilitation allowance

section 118 b. (1) the superannuation fund has to replace the designated cost for the rehabilitation allowance, as well as the proportionate administrative costs of insurance for insured persons under this Federal Act recipients of rehabilitation allowance (article 143a ASVG). For determining the cost of replacement, the insurance company has to do its own cost centre. The reimbursement shall be made quarterly each until the end of the following month after appropriate accounting.

(2) the superannuation fund has to pay a flat-rate health insurance fee amounting to 7.65% of the expenses for the rehabilitation allowance for insured persons under this Federal Act recipients of rehabilitation money to the insurance institution."

3. According to paragraph 119, the following section 119a and heading shall be inserted:

"Academy of medical and nursing assessment

section 119a. For the training of persons who may be used to create opinions concerning the invalidity and the care allowance within the meaning of the Federal care allowance Act, the insurance institution together with the makers of the pension insurance has the ASVG, GSVG and BSVG within the framework of a non-profit association to build an Academy for medical and nursing assessment and operate."

4. According to section 230, 231 the following section including headline is attached:

"Final provisions to article 8 of the Federal Act Federal Law Gazette I no. of 3/2013 (39th Amendment)"

231. (1) sections 84 para 1, 118 b together with heading and 119a and heading as amended by Federal Law Gazette I no. 3/2013 with 1 January 2014 into force.

(2) the insurance agency has the expenses incurred in their area through the introduction of rehabilitation money according to article 143a ASVG until December 31, 2015, to evaluate together with the superannuation fund by March 31, 2016. The evaluation report is to present the Federal Ministry for labour, Social Affairs and consumer protection and the Federal Ministry of health."

Article 9

Amendment of the Federal care allowance Act

The Federal care allowance Act, Federal Law Gazette No. 110/1993, as last amended by Federal Law Gazette I no. 58/2011, is amended as follows:

1. in the section 3, paragraph 1, the point is replaced at the end of the No. 9 with a semicolon; following Z 10 shall be added: ' 10 recipients of a rehabilitation allowance referred to in article 143a ASVG or § 84 B KUVG. "

2. § 3a paragraph 2 No. 3 is: "3. persons over a Union legal right of residence pursuant to §§ 15a and 15B of the Aliens Police Act 2005 (FPG), Federal Law Gazette I no. 100/2005, or in accordance with paragraphs 51 to 54 and 57 of the settlement and residence Act (NAG), Federal Law Gazette I no. 100/2005, have, or" 3. Article 3a para 3 No. 4 is: "4 people, only a temporary right of residence pursuant to § 13 (1) of the asylum Act 2005" ", Federal Law Gazette I no. 100/2005, have."

4. § 6 para 4 is the last sentence:

"This does Z 10 and of paragraph 3a in cases of § 3 para 1."

5. in article 18, paragraph 1 the following paragraph 1a is inserted:

"(1a) a dependent person at the expense or cost sharing of a country, a community or a social welfare institution part of inpatient care received, so the nursing allowance in full can - be paid provided the written consent of the dependent person, its legal representative or its receiver - until further notice for future payments the respective cost objects to set off for the duration and the extent of the provision with debt-discharging effect to the dependent person. Offers of a completely or at least half-day structure for Manager - or elderly people who do not live in inpatient facilities and at least during the day rendered in specially built facilities or senior institutions to understand are part of inpatient care. The respective cost objects has to sign the remaining amount of care money at least in the amount of 10 ° and the decision makers starting to the end of part of inpatient care % to pay the care allowance of at level 3 of the dependent person. Decisions on the payment of maintenance monies to the respective cost objects are not to adopt."

6 § 18a para 5 last sentence reads:

"§ 47 para 4 and section 48c are section 8 does not apply."

7 § 22 para 1 sub-para. 5 is: "5. § 3 para 1 No. 5 lit. c, Z 6 lit. "c, Z 10 and § 3a the pension insurance institution;"

8 the following paragraph 5 is added to § the 25a:


"(5) for the training of persons who may be used to create opinions concerning the care allowance, the pension insurance institution having the ASVG - together with the makers of the pension insurance after the GSVG and the BSVG, the insurance company publicly to build an Academy of medical and nursing care assessment staff and the Federal Office for social and Disability Affairs - in the framework of a non-profit association and operate."

9 21 the following paragraph is added to section the 49:

"(21) come into effect: 1 with 1 January 2013 § 18 par. 1a and article 18a, paragraph 5 the last sentence in the version of Federal Law Gazette I no. 3/2013;"

"2. with 1 January 2014 article 3, paragraph 1 Nos. 9 and 10, section 3a, paragraph 2 Z 3 and para. 3 Z 4, § 6 para 4 last sentence, article 22, paragraph 1 Z 5 and section 25a paragraph 5 as amended by Federal Law Gazette I no. 3/2013."

Article 10

Change of the night heavy work Act

The night heavy work Act, Federal Law Gazette No. 354/1981, as last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

1. in article VII paragraph 3, the expression "The Federal Minister for labour and Social Affairs" is replaced by the expression "The / the Federal Minister for labour, Social Affairs and consumer protection".

2. Article VII, paragraph 4 reads:

"Workers also work (4) night heavy fire, at least six hours doing inserts or willingness to work during the period between 10: 00 and 6: 00 for use in shift workers, if it is the main activity of workers. This is by way of derogation from paragraph 1 if falls in regular working time and substantial willingness to work."

3. in article VII sec. 5 the expression "Paragraph 2, a regulation according to § 3 or 4" with the expression "paragraph 2 or 4, a regulation pursuant to paragraph 3" will be replaced and eliminates the bracket expression "(die Berghauptmannschaft)".

4. in the article VIII paragraph 1, IX, XI sec. 3, XII para 1 and 3 as well as XIII is paragraph 3 each of the expression "Article VII paragraph 2, a regulation pursuant to article VII paragraph 3 and 4" by the expression "Article VII paragraph 2 or 4, a regulation pursuant to article VII paragraph 3" replaced.

5. in article XI, paragraph 6, the expression "Article VII paragraph 2 or a regulation pursuant to article VII paragraph 3 or 4" by the expression "Article VII paragraph 2 or 4, a regulation pursuant to paragraph 3" will be replaced.

6 Article XIII 13 the following paragraph is added:

"(13) § required for workers of the fire brigade under article VII paragraph 4 to the justification of the claim to special pension also before this November 1, 2012 contribution months within the meaning of § 225 and 226 of the General Social Security Act, so that contributory months to apply, for the earlier entry into force of the Federal Act Federal Law Gazette I no. 3/2013 the Nachtschwerarbeits contribution to be paid would have been, as contributory months in accordance with article XI, paragraph 3" , as far as they are necessary for the establishment of the special pension claim. Section 6, second sentence, shall apply."

7 in article XIV be attached following paragraph 7 and 8:

"(7) the article VII sec. 4 and 5, VIII section 1, IX, XI, par. 3 and 6, XII para 1 and 3, XIII, para. 3 and 13 and I no. 3/2013 contact article XV paragraph 4 as amended by Federal Law Gazette January 1, 2013 in force."

(8) the regulation of the Federal Minister for Economic Affairs of loads within the meaning of article VII paragraph 2 Nos. 2, 5 and 8 of the night heavy work act when working in mines, Federal Law Gazette No. 385/1993, is repealed. For the affected workers Ordinance of the Federal Minister for labour and Social Affairs regarding charges within the meaning of article VII paragraph 2 is Nos. 2, 5 and 8 of the night heavy work Act to apply Federal Law Gazette No. 53/1993,."

8. in Article XV the following paragraph 4 is added:

"(4) as far as personal names are still not gender-neutral formulated in this Federal Act, the selected form applies to both sexes."

Article 11

Amendment to the Holidays Act

The Holidays Act, Federal Law Gazette No. 390/1976, as last amended by Federal Law Gazette I no. 19/2012, is amended as follows:

1 § 2 para 4 first sentence reads:

"By collective agreement, operating agreement or in factories without operating advice through written individual agreement the calendar year or an other year as holiday year can be arranged instead of the work year."

2. in Article 10a paragraph 1, the expression "Article VII paragraph 2, a regulation pursuant to article VII paragraph 3 and 4" is replaced by the expression "Article VII paragraph 2 or 4, a regulation pursuant to article VII paragraph 3".

3. paragraph 16 paragraph 1:

"(1) the workers after commencement of employment on the working activity 1 because the necessary care of an ill close relative living in the common household or 2 due to the necessary care of his child (option - or nursing child) or living in the same household biological child of the other spouse, the registered partner or spouse as a result of a failure of a person who has always looked after the child is , the reasons of 15 d para 2 No. 1 to 5 of the maternity protection Act 1979, BGBl. No. 221, amended, or 3rd due to the accompaniment of his diseased child (option - or nursing child) or living in the same household biological child of the other spouse, the registered partner or companion during a stay in a hospital and nursing home, provided that the child not yet completed the tenth year of life has that has been proven to prevent has to claim continuation of pay up to the maximum extent of its regular weekly working hours in a work year. As close relatives within the meaning of this Federal Act the spouse, registered partner and persons, which are related with the employee in a straight line, in addition, choice - and foster children are living in the common household biological children of the other spouse or registered partner or companion, as well as the person with the workers in community living."

4. in § 16 par. 2, the phrase "or in the common household of living biological child of the other spouse or registered partner or spouse" is inserted after the parenthetical expression (option - or nursing child).

5. the following paragraph 4 is added to § 16 para 3:

"(4) in case the necessary care of his sick child (option - or nursing child) also that workers are entitled to exemption from the performance of work referred to in paragraph 1 Nos. 1, 2 and 3, who does not live with his sick child (option - or foster child) in the common household."

6 12 the following paragraph is added to section 19:

"(12) section 2 paragraph 4 first sentence, Article 10a, paragraph 1, and article 16, paragraph 1, 2 and 4 as amended by Federal Law Gazette I no. 3/2013 with 1 January 2013 into force."

Article 12

Amendment of the working time act

The working time Act, Federal Law Gazette No. 461/1969, as last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

1. in article 11 par. 4, the expression "Article VII paragraph 2, a regulation pursuant to article VII paragraph 3 and 4" is replaced by "Article VII paragraph 2 or 4, a regulation pursuant to article VII paragraph 3".

2. section 12a paragraph 3 replaces the expression "Paragraph 2," by the expression "paragraph 2 or 4,".

3. in article 33, 1y x the following paragraph is inserted after paragraph 1:

"(1y) the sections 11 (4) and 12a paragraph 3 as amended by Federal Law Gazette I no. 3/2013 with 1 January 2013 into force."

Fischer

Faymann