Labour Law Amendment Act 2012 - Sräg 2012

Original Language Title: Sozialrechts-Änderungsgesetz 2012 – SRÄG 2012

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3. Federal Law, with which the Employment Insurance Act 1977, the Labour Market Policy-Financing Act, the Labour Market Service Act, the Labour and Health Act, the General Social Insurance Act, the Industrial Law The Social Insurance Act, the Farmers ' Social Insurance Act, the Official Health and Accident Insurance Act, the Federal Nursing Money Act, the Night Gravity Employment Act, the Leave Act and the Working Time Act are amended (Social Rights Amendment Act 2012-SRÄG 2012)

The National Council has decided:

table of contents

Item

Subject matter

1

Amendment of the 1977 Unemployment Insurance Act

2

Change of Labour Market Policy-Finance Law

3

Amendment of the Labour Market Service Act

4

Amendment of the Work and Health Act

5

Amendment of the General Social Insurance Act

6

Amendment of the Industrial Social Insurance Act

7

Amendment of the Farmers-Social Security Act

8

Amendment of the Staff Regulations-Health and Accident Insurance Act

9

Amendment of the Federal Nursing Money Act

10

Amendment of the Nightweightwork Act

11

Amendment of the Leave Act

12

Amendment of the Working Time Act

Article 1

Amendment of the 1977 Unemployment Insurance Act

The Unemployment Insurance Act 1977, BGBl. N ° 609, as last amended by the Federal Act BGBl. I n ° 98/2012, shall be amended as follows:

1. § 1 (1) (lit). i deleted and lit. j is called lit. i.

2. § 6 (1) and (2) reads:

" (1) As cash benefits from unemployment insurance are granted:

1.

Unemployment benefit;

2.

Emergency assistance;

3.

the advance of benefits from pension insurance;

4.

Training allowance;

5.

old part-time allowance;

6.

Transitional allowance after part-time period;

7.

Transitional allowance;

8.

Enrolment money.

(2) Insurance from the unemployment insurance scheme shall be granted:

1.

sickness insurance for recipients of benefits under subsection (1) (1) to (4) and (6) to (8);

2.

Accident insurance for recipients of benefits under para. 1, Z 1, 2, 4 and 8 in accordance with § 40a;

3.

Pension insurance for recipients of benefits under subsection 1 Z 1, 2, 4 and 6 to 8;

4.

Sickness insurance and pension insurance for persons who do not receive emergency assistance solely on account of the income of the partner or of the partner. "

3. § 7 (4) reads:

" (4) From the condition of the working ability to be considered for a reference period of at least 78 weeks, if unemployed persons have completed occupational measures of rehabilitation and the eligibility thereafter without taking into account periods of time before the end of the period of time. of these measures, as well as their performance in the event of a reduced working capacity or incapacity to work, or the conditions for eligibility for such a service, shall be fulfilled. "

4. § 8 reads:

" § 8. (1) It is capable of working, who is not invalid and not incapacitively in the sense of the ASVG. In any case, it is not possible for the person to be able to work on the insurance case of reduced work capacity or incapacity for work. Furthermore, it is not possible to work for those who meet the conditions of eligibility for such a performance.

(2) If there is any doubt about their ability to work, or if it is to be clarified whether certain activities may endanger their health, the unemployed are obliged to be examined in a medical examination. The study of the ability to work has taken place at a position determined by the Competence Centre for the Evaluation of the Pension Insurance Institution. The examination of whether certain activities may endanger the health of a particular person shall be carried out by a suitable doctor or by a suitable medical facility. If a medical examination is not already in place, the regional office must order a corresponding investigation in case of doubts about the ability to work or about the health risk. Anyone who refuses to comply with such an order will not receive unemployment benefit for the duration of the refusal.

(3) The labour market service has to recognise the employment of the pension insurance institutions and the opinions of the Competence Centre for the assessment of the pension insurance institution for the assessment of the employability and to base its further work on the pension insurance institution.

(4) To persons who make the obligation to conduct a medical examination pursuant to paragraph 2, § 7 (3) (Z) 1, (5), (7) and (8), (9) and (10) and (1) to the existence of the opinion on the assessment of the working ability, except in the case of special reasons for three months. If, on the basis of the opinion, it is to be assumed that there is no working capacity, that period shall be extended until the pension insurance institution has been given a modest determination as to whether vocational measures for rehabilitation are appropriate and that the pension insurance institution is responsible for the are reasonable. "

(5) § 10 is added to the following paragraph 4:

"(4) Those who, without compromising the success of the training measure, do not participate in a training measure on a daily basis shall lose entitlement to unemployment benefits for days of long-distance stay, except where this is justified by compelling reasons."

6. In § 14 para. 4, the point at the end of the lit. f replaced by a stroke point and the following lit. g is added:

" (g)

Periods of participation in vocational rehabilitation measures, if they have not been unjustifiably terminated prematurely, after the end of these measures. "

7. § 15 para. 1 Z 4 reads:

" 4.

In the case of a retraining allowance, or in the form of an education or a vocational training measure, the rehabilitation has been subject to the statutory social security scheme, which has been used mainly for the benefit of the scheme; "

8. § 15 para. 3 Z 1 reads:

" 1.

Sickness benefit or rehabilitation allowance or weekly allowance, or has been housed in a nursing or nursing home; "

9. In § 16 (1), the point at the end of the lit. (n) replaced by a dash and the following new lit. o and p added:

" o)

of the payment of rehabilitation money,

p)

the payment of retraining money and the loss of the retraining allowance. "

10. In Article 20 (6), the following sentence shall be inserted after the first sentence:

" If the additional costs associated with the participation in measures are provided by a grant from the institution of the institution (§ 18 para. 6 lit. (e) covered, no additional amount should be paid. "

11. § 22 (2) reads:

" (2) For the period of an ongoing procedure for the award of a benefit referred to in paragraph 1, the performance under this Federal Act shall be due to a final decision on the right to the benefit referred to in paragraph 1 only provisionally. The condition for the use of the provisional benefit is a confirmation of the pension insurance carrier that a service obligation is not expected to be established within two months of the date of the pension for the pension can. If a performance referred to in paragraph 1 is granted, a transfer of the claim in accordance with section 23 (6) shall enter into force.

12. In § 23, paragraph 3 of the term "Medical" .

13. The following sentence shall be added to section 36 (5):

" The allowance for the person receiving the income to be paid in accordance with paragraph 3 lit. B lit. a is to be raised by 80 € if it is not in accordance with para. 3 lit. B lit. b or c is to be increased. The amount of the increase is to be multiplied annually, for the first time for 2014, with the adjustment factor according to § 108f ASVG, and to round off a full euro amount in commercial terms. "

14. In accordance with § 39a, the following section 3b is inserted:

" Section 3b

Special performance for health-impaired persons

Retraining allowance

§ 39b. (1) Persons in respect of which, according to the relevant provisions of the ASVG, invalidity (occupational incapacity) is likely to be at least six months in size and that vocational rehabilitation measures are likely to be shall be appropriate and reasonable, shall be entitled to retraining allowance if they are ready to participate actively in vocational rehabilitation measures eligible for them, until such time as these measures are completed, at the latest by the end of the month following the date of the end of the month after the end of the period. End of last measure. The retraining allowance shall be due from the determination of the pension insurance institution if the assertion takes place within four weeks thereafter, otherwise it shall not be made until the pension insurance institution has been entitled to make the money. If the labour market service considers that the feasibility of vocational rehabilitation measures is not or is no longer available, the retraining allowance is to be paid until the new decision of the Pension insurance carrier. If a performance of the pension insurance carrier is granted, then a transfer of the claim pursuant to section 23 (6) occurs.

(2) The vocational measures of rehabilitation must be designed in accordance with § 367 (4) (3) of the ASVG. It is possible to deviate from this by paying special attention to the demand for qualified workers on the regional labour market and their suitability for the persons concerned.

(3) Persons receiving the retraining allowance shall be obliged to participate actively in the selection, planning and implementation of the vocational measures of rehabilitation. Persons who do not comply with this obligation without an important reason comply with the facts of § 10 sec. 1 Z 2. Section 10 (1) must be applied with the proviso that the right to unemployment benefit shall be replaced by the right to retraining allowance. Section 10 (3) must be applied with the proviso that a case of consideration to be taken into account is also available if a training is continued after a short interruption and if the success of the training is not endangered by the interruption. Section 10 (4) shall be applied on the basis that the right to unemployment benefit shall be replaced by the right to retraining allowance.

(4) The retraining allowance is due in the phase of the selection and planning of the vocational measures of rehabilitation in the amount of unemployment benefit and from participation in the first measure of vocational rehabilitation in the amount of the level of 22 vH the increased basic amount of the unemployment benefit plus any family surcharges, but at least in the amount of a thirtieth of the minimum monthly subsistence level in accordance with § 291a (2) Z 1 EO, rounded to one cent in commercial terms. If a measure started, although there is no breach of duty, can no longer be continued or if, for organisational reasons, there is a period free of training between several measures, the retraining allowance shall continue to be due in the So far. If after a breach of duty pursuant to paragraph 3 can no longer be continued, the retraining allowance shall be paid after the end of the loss of claim until the participation in the next vocational measure of the rehabilitation only in the amount of of unemployment benefits.

(5) In addition, the retraining allowance shall be subject to the provisions applicable to unemployment benefit, subject to the condition that the retraining allowance shall be replaced by the unemployment allowance. § 7 (1) Z 2 and Z 3, Section 3 (1), (4) and (8), § 8 (1), first sentence and (4), § 9, § 10 (1) Z 1, Z 3 and Z 4, as well as paragraph 2, § 11, § 12 (3) (f), § 13, § 14, § 15, § 16 (1) lit. p, § 18, § 19 and § 23 (1) to (5) are not , Section 7 (7) shall apply with the proviso that the minimum weekly amount of hours for the holding of the holding is to take part in the selection, planning and implementation of the vocational training measures. § 12 sec. 1 Z 1 is not applicable to persons who are no longer entitled to a payment of a fee from an upright service and whose entitlement to a cash benefit from the sickness insurance is exhausted.

15. In § 40, paragraph 1 of the term "§ 6 Z 1 to 4 as well as 6 and 7" by the expression "§ 6 para. 1 Z 1 to 4 as well as 6 to 8" and in paragraph 3 of the expression "§ 6 Z 1 to 3, 6 and 7" in each case by the expression "§ 6 para. 1 Z 1 to 3 as well as 6 to 8" replaced.

Section 40 (2) reads as follows:

" (2) By way of derogation from paragraph 1, persons who have been insured with sickness insurance for railways and mines during their last qualifying period of employment shall be with that institution, as well as persons who have been insured during the course of their last qualifying period of employment. of the last qualifying service in the case of an occupational health insurance company were insured under the sickness insurance scheme, if the unemployment benefit for a reference period in accordance with § 18 (2) (lit). b or c or for an extended period of reference in accordance with Section 18 (5) or retraining allowance. This shall also apply if, after exhaustion of the reference period, such a service is provided with emergency assistance or is entitled to health insurance in accordance with § 34. "

17. § 40a reads:

" § 40a. During participation in a measure of retraining and retraining as well as 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 labour market service , as well as during the participation in a vocational training measure, persons receiving unemployment benefit, emergency assistance or retraining allowance are considered to be participants of training courses within the meaning of § 8 paragraph 1 Z 3 lit. c ASVG. By way of derogation from Section 74 (2) of the ASVG, the respective benefits shall be deemed to be the basis for contributions under this Federal Act. This applies to persons who receive training allowance on the basis of an educational karence (§ 26 (1) (1) (1)), with the proviso that the training allowance is based on the contribution basis. By way of derogation from Section 74 (3) (2) of the ASVG, contributions from unemployment insurance funds will be covered. Reports on the service provider shall be reimbursed by the regional office. "

18. § 41 receives the title "benefits of health insurance" .

19. In § 41 (1), the first sentence shall be based on the expression "Performance" the parenthesis expression "(in accordance with § 6 (1) Z 1, 2, 3 as far as a performance has been requested pursuant to section 23 (1) (2) (2) (2)), 4, 6, 7 and 8)" attached

20. § 42 receives the title "Contributions and reports on health insurance" .

21. In § 44 (1) Z 2, the expression "the unemployed person" by the expression "the unemployed person, the person employed or the carded person" replaced.

22. § 79 (10x) in the version of the Federal Law BGBl. I No 17/2012 is referred to as paragraph 120.

23. The following paragraphs 127 to 129 are added to § 79:

" (127) § 22 para. 2 and § 23 (3) in the version of the Federal Law BGBl. I No 3/2013 will be 1. January 2013 in force and shall apply for advance payments on the basis of the application for the benefits referred to in § 23 (1) after 31 December 2012.

(128) § 36 (5) in the version of the Federal Law BGBl. I N ° 3/2013 will enter into force on 1 July 2013.

(129) § 1 (1), § 6 (1), (2) and (5), § 7 (4), § 8, § 10 (4), § 14 (4), § 15 (1) (4) and (3) (1), § 16 (1), Section 3b (§ 39b), § 40, § 40a and § 41 (1), as well as the headlines before § 41 and before § 42 and § § § 41. 83 (5) in the version of the Federal Law BGBl. I No 3/2013 will be 1. Jänner 2014 in force. "

(24) The following paragraph 5 is added to § 83:

" (5) The Austrian Labour Market Service has to evaluate the effects and the development of the use of the retraining money (§ 39b) and the Federal Minister for Labour, Social Affairs and Consumer Protection until 30 September of each Report on the results of the calendar year. The report shall be submitted for the first time in the calendar year 2015. "

Article 2

Change of Labour Market Policy-Finance Law

Labour Market Policy-Finance Law, BGBl. No. 315/1994, as last amended by the Federal Law BGBl. I n ° 98/2012, shall be amended as follows:

1. In Section 1 (1), Z 5 and 6 shall be designated as Z 6 and 7 and the following new Z 5 shall be inserted:

" 5.

Contributions by pension insurance pursuant to Article 307a (4) of the ASVG on the financing of vocational measures for the rehabilitation and other labour market policies of the Labour Market Service, which serve as a basis for the labour market integration of persons who are responsible for the enrolment allowance or rehabilitation allowance, "

2. In § 1 (2), the expression "and" at the end of the Z 13 replaced by a dash, the previous Z 14 is designated as Z 15 and the following new Z 14 is inserted:

" 14.

for expenses according to the Labour and Health Act (AGG), BGBl. I n ° 111/2010, and "

(3) The following paragraphs 49 and 50 are added to § 10:

" (49) § 1 para. 2 Z 13 to 15 in the version of the Federal Law BGBl. I No 3/2013 will be 1. Jänner 2013 in force.

(50) § 1 (1) Z 5 to 7 and § 16 in the version of the Federal Law BGBl (Federal Law Gazette). I No 3/2013 will be 1. Jänner 2014 in force. "

4. In accordance with § 15, the following § 16 shall be added together with the heading:

" Financial coverage of vocational measures of rehabilitation

§ 16. The contributions of the pension insurance scheme for the financing of occupational measures of the rehabilitation and other labour market policies of the labour market service for persons, the retraining allowance or the labour market policy. In accordance with Section 1 (1) (5) of the German Law on Employment and Rehabilitation, the work-market return is to be supplied to the labour market. The expenses for vocational rehabilitation measures are in each case entirely and the costs of other measures for the integration of the labour market during the course of the retraining allowance or the rehabilitation allowance in full and in the for the first three years thereafter. In 2014, the Pension Insurance Institution in March has an Akontation of 20 million euros to pay. In the following years, the Akontation by the affected pension insurance institutions in March has, on the basis of an inventory forecast for the current year, based on the difference between the Akontation and the reckoning (proven track) expenses) of the previous year. The modalities of the abetting and settlement of vocational measures for rehabilitation and other measures for the integration of the labour market are between the pension insurance institutions and the labour market service, with the agreement of the Federal Ministry of Labour, Social Affairs and Consumer Protection in agreement with the Federal Ministry of Finance to agree. "

5. In accordance with § 16, the following § 17 together with the title is added:

" Transitional resolution

§ 17. In the event of termination of an employment relationship subject to unemployment insurance prior to 1 July 2013, no charge shall be provided in accordance with § 2b if the holding (the company) with respect to the employee concerned in accordance with § 2 of the construction workers ' leave and leave of absence The Management Act (BUAG) is subject to the subject matter of the holiday scheme and has paid the surcharges fixed for this employee in accordance with § 21 of the BUAG pursuant to § 21a BUAG. As a substitute for the charges thus lost, the construction workers ' holiday and handling terminal has a flat-rate cut-off to the earmarked labour market policy of € 4.8 million by 30 June 2013 at the latest. €. "

Article 3

Amendment of the Labour Market Service Act

The Labour Market Service Act, BGBl. No. 313/1994, as last amended by the Federal Law BGBl. I No 122/2011 shall be amended as follows:

1. § 25 (1) second sentence is deleted.

(2) The following paragraph 4 is added to § 29:

" (4) The tasks of the Labour Market Service also include the promotion of the re-employment of persons affected by health by means of placement on suitable jobs and supplementary and/or preparatory actions. Particular attention should be paid to the individual performance, the establishment and expansion of qualifications that can be used on the labour market and the safeguarding of economic existence. "

3. § 37b (3) reads:

" (3) The short-working allowance is intended to partially replace the additional expenses for short-term work support, as well as for contributions to social security and occupational pension provision. The aid is due to the amount of the pro rata expenditure incurred by the unemployment insurance scheme in the event of unemployment benefits for unemployment benefit plus contributions to sickness insurance and pension insurance. A change from the short-term allowance to the qualification aid is possible in accordance with the guidelines laid down in paragraph 4. Flat rates can be fixed for the repayment of the pro rata expenses. Provided that an aid has been granted by the end of 2013 at the latest, the aid shall be increased from the fifth month onwards by the employer's expenses for the contributions, increased on the basis of the special contribution basis. Social security. "

4. § 37b (4) fifth sentence and § 37c (6) fifth sentence shall be:

"Under the condition that an aid has been granted by the end of 2013 at the latest, extensions up to a total period of 24 months in the case of a total amount of the aid shall be permitted."

Section 37c (4) reads as follows:

" (4) The qualification aid is intended to partially replace the additional expenses for qualification support as well as for contributions to social security and occupational employee pension provision. The aid is due in the amount of the pro rata expenditure incurred by the unemployment insurance scheme in the case of unemployment benefit and training measures plus contributions to sickness insurance, pension insurance and the Accident insurance. Flat rates can be fixed for the repayment of the pro rata expenses. A change from the qualification allowance to the short-term allowance is possible in accordance with the guidelines laid down in paragraph 6. Flat rates can be fixed for the repayment of the pro rata expenses. Provided that an aid has been granted by the end of 2013 at the latest, the aid shall be increased by the employer's contribution to social security contributions increased by reason of the special contribution basis. "

6. The following sentence shall be added to section 38a:

"The regional office shall be responsible for providing appropriate training or reintegration measures within eight weeks, which may not be mediated to an appropriate workplace."

Section 78 shall be added to the following para. 27 and 28:

" (27) § 37b (3) and (4) and 37c (4) and (6) in the version of the Federal Law BGBl (Federal Law Gazette). I No 3/2013 will be 1. Jänner 2013 in force.

(28) § 25 (1), § 29 (4), § 32 (6) and § 38a in the version of the Federal Law BGBl. I No 3/2013 will be 1. Jänner 2014 in force. "

8. § 79 (3) reads:

" (3) § 37b (3) last sentence and (4) fifth sentence as well as § 37c (4) last sentence and (6) fifth sentence in the version of the Federal Law BGBl. I No 3/2013 shall expire on 31 December 2015. '

Article 4

Amendment of the Work and Health Act

The Labor and Health Act, BGBl. I n ° 111/2010, is amended as follows:

1. In Article 1 (2), the following sentence shall be inserted after the first sentence:

"In addition, case management should also be used for those persons in which occupational measures of rehabilitation or medical measures of rehabilitation are appropriate and reasonable."

2. In § 3 (2), the point at the end of the Z 8 is replaced by a line-point and the following Z 9 is added:

" 9.

The main association of the Austrian social insurance institutions; this member has only a consultative vote. "

(3) The following paragraph 8 is added to § 6:

" (8) As far as services are not sufficiently available to solve the health problems of persons who have been taken over into the consultation or in case management, the Federal Minister for Labour, Social Affairs and Consumer Protection can provide for ensure that such services are made available on the basis of contractual agreements, such as the promotion of pilot projects. The financial resources used for this purpose shall be covered up to a ceiling of one million euro each from the labour market policy and pension insurance policies, with unused appropriations in one of the following year's The following years can be additionally spent. These funds shall be provided in addition to the respective share of the financing referred to in paragraphs 2 to 5. "

4. § 7 (1) to (3) reads:

" (1) Without prejudice to specific professional powers and obligations, the institutions of the information, advice and support provision may process the following data concerning the persons who have been transferred to the advice or case management, provided that: it is necessary to achieve this goal:

1.

Names (first names, surnames, previous names, including any degrees or titles);

2.

Address;

3.

Telephone and fax number, e-mail address;

4.

date of birth;

5.

social security number;

6.

Gender;

7.

Nationality;

8.

Family status;

9.

Information on the status of the person (e.g. employed, unemployed, pensioner, self-insured person, membership of the recipient of the handicapped persons according to § 2 para. 1 BEinstG);

10.

Completed training;

11.

professional activity carried out;

12.

Competent social security institutions;

13.

information on the reason for the use of counselling (e.g. the nature and seriousness of the health restrictions);

14.

information on agreed improvement measures (e.g. type and duration of measures to improve health);

15.

Information on the course of counselling and supervision (e.g. type, start, duration and termination);

16.

information on the results of an investigation in the event of an evaluation of measures;

17.

Information about the migration background.

(2) The institutions of the information, advice and support provision may provide data in accordance with paragraph 1 (in particular the opinion of the Single Evaluation Centre pursuant to Article 307g of the ASVG) on the persons receiving the advice of the institutions of the Social insurance, the Labour Market Service and the Federal Social Office, and to the extent to which this is required in the specific case, to the institutions of the Social Security, the Labour Market Service and the Federal Social Office , The institutions of the Social Security, the Labour Market Service and the Federal Social Office may provide data in accordance with paragraph 1 above, and in particular opinions, which clarify the reasons for the use of the advisory service or indicate possible solutions to the to provide information, advice and support services.

(3) The providers of the information, advice and support provision shall transmit the following data to the Federal Social Office on a monthly basis by using an encrypted connection separately:

1.

Personal data according to § 7 (1) Z 1 to 6, 9, 12 and 15;

2.

Indirectly personal data according to § 7 (1) Z 6 to 17, including the year of birth and postal code.

The direct personal data according to Z 1 may be kept by the Federal Social Office for a maximum of five years and used for the following purposes:

a.

for the comparison of the use of the advice, information and support provision for each institution which is responsible for financing or for consultation, and transmission of the participants (these are the data in accordance with § 7 (1) Z 1 to 6 and 15) these;

b.

for the determination of future financing shares pursuant to § 6 (4) and

c.

for subsequent surveys of the participants in the advisory, information and support offer.

The indirect personal data according to Z 2 may only be used for the purposes of current controlling and for the evaluation of the activity of the institutions of the advisory, information and support bid. The restoration of a direct passenger reference is inadmissible. The Federal Social Office can use service providers to carry out these tasks. In this connection, the interests of third parties that are worthy of protection must not be violated within the meaning of Section 1 (1) of the Data In particular, in the use of the data, corresponding data protection measures according to § 14 of the German Data Protection Act (DSG) must be taken. "

5. In § 7 (4), the last sentence of the term shall be: "Überlassung" by "Transmission" replaced.

6. § 7 (5) reads:

"(5) For the purpose of checking the performance of the service in accordance with the order, the Federal Social Office may, as far as is necessary, take a view of the personal data."

7. § 7 (7), the following sentence is added:

" This applies equally to the employees of those institutions and institutions that are part of the case management (paragraph 1). 2) personal data will be known. "

8. In accordance with § 7, the following new § 8 and heading is inserted:

" Statistical and scientific studies

§ 8. (1) The providers of the information, advice and support provision shall have the data in accordance with § 7 (1) Z 4, 6 to 17 including the postal code of the address, linked to the encrypted area-specific personal identifier ' Official. Statistics " (bPK AS), monthly to the Bundesanstalt Statistik Österreich (Federal Institute for Statistics Austria) for the purpose of keeping and enabling subsequent further scientific and statistical investigations. The encrypted bPK AS can be made available to the providers of the information, advice and support provision for this purpose by means of the Federal Social Office. The data transmitted by the institutions of the information, advice and support offer are to be stored indirectly by the Federal Institute for 30 years.

(2) Other authorities, social security institutions and the labour market service may, according to legal regulations, data of their own state activities, linked to the encrypted bPK AS, the Federal Institute for the purpose of the Communicate with the data in accordance with paragraph 1 and the subsequent scientific or statistical evaluation. A return transfer of indirect personal data or the return to a direct personal reference must not be carried out. The Federal Institute produces the scientific or statistical evaluations after appointment by the Federal Minister for Labour, Social Affairs and Consumer Protection. The Federal Institute provides its services under this Federal Act against cost compensation pursuant to Section 32 (4) (2) of the Federal Statistics Act 2000. The personal data transmitted in accordance with this paragraph and compiled for the purpose of scientific or statistical evaluations shall, in any case, be deleted after three years. "

9. The previous § 8 is referred to as § 9 and according to the title "Entry into force" in place of the previous § 9 of the following § 10:

" § 10. (1) This federal law in the version of the Budgetbegleitgesetz 2011, BGBl. I n ° 111/2010, occurs with 1. Jänner 2011 in force.

(2) § 1 para. 2, § 3 para. 2, § 6 para. 8, § 7 para. 1 to 5 and 7, § 8 with the title, § 9 and § 10 in the version of the Federal Law BGBl. I No 3/2013 will be 1. Jänner 2013 in force. "

Article 5

Amendment of the General Social Security Act (78). Novelle to the ASVG)

The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I n ° 89/2012, will be amended as follows:

1. In § 8 (1) (1) (1), after the lit. c the following lit. d inserted:

" (d)

the recipients of rehabilitation money (§ 143a), with the exception of persons referred to in § 1 (1) (1) Z 17 to 19 and 21 to 23 B-KUVG, "

2. In § 8 paragraph 1 Z 2 lit. c becomes the word "Sickness money" by the expression "Sickness and rehabilitation money" replaced.

(3) In § 10, the following paragraph 5a is inserted:

" (5a) The compulsory insurance provided for in § 8 (1) (1) (1) (1) lit. d shall start with the day from which the rehabilitation allowance (§ 143a) is due. "

4. In § 10 paragraph 6b Z 3, after the word "Sickness money" the expression "or rehabilitation money" inserted.

5. In § 12, the following paragraph 4a is inserted after paragraph 4:

"(4a) The compulsory insurance of the persons referred to in § 10 (5a) shall be issued with the abolition of the rehabilitation money (§ 143a)."

6. In § 16, the following paragraph 2a is inserted after paragraph 2:

" (2a) By way of derogation from paragraph 1, persons who devote themselves to the care of a disabled child and who fulfil the conditions laid down in Article 18a (1) and (3) may, if they are not in need of social protection, insure their self-insure on request. Health insurance insurance and non-eligible members of an insured person in the sickness insurance scheme are. "

7. In § 31 (2), the point at the end of the Z 4 shall be replaced by an attic; the following Z 5 shall be inserted:

" 5.

the establishment of a rehabilitation plan for the social insurance institutions. "

8. In § 31 paragraph 3 Z 9, after the expression "according to § 460c" each expression "and § 669 (7)" inserted.

9. In § 31 (5) Z 20, after the expression "§ 307c" the expression "and on the rehabilitation plan referred to in paragraph 2 Z 5" inserted.

10. The following half-sentence shall be added to section 31 (5) Z 21:

"In the drawing up of these Directives, consideration shall be given, in particular, to the rehabilitation plan referred to in paragraph 2 (2) (5) of the Directive;"

11. In § 31 (5), the point at the end of Z 35 shall be replaced by a stroke; the following Z 36 and 37 shall be inserted:

" 36.

for the principles of the preparation of expert opinions in matters relating to the occupational activities of rehabilitation (§ 307g para. 3);

37.

for the interaction of the insurance institutions with each other and with the labour market service in the implementation of the medical and vocational measures of rehabilitation for the maintenance or recovery of the employability. "

12. In § 36 (1) the following Z 13a is inserted after Z 13:

" 13a.

for which according to § 8 paragraph 1 Z 1 lit. d and Z 2 lit. c pflichtversicherten recipients of rehabilitation money to the health insurance institution; "

13. In § 44 (1) Z 14, the expression "Recipients of sickness benefit" by the expression " Relationship/in/in/n of sickness benefit as well as the according to § 8 para. 1 Z 1 lit. d pflichtversicherten beneficiaries/in/n of rehabilitation money " replaced.

14. In § 44 paragraph 6 lit. a is after the expression "Z 8" the expression "in the case of compulsory insured persons pursuant to section 8 (1) (2), the retraining allowance shall apply," inserted.

15. In § 76 (1) the following Z 3 shall be inserted after Z 2:

" 3.

for those self-insured persons belonging to the group of persons referred to in Article 16 (2a), to € 22.14; to the place of that amount shall be replaced by 1. Jänner of each year, for the first time from 1. January 2013, the amount multiplied by the respective utilization number (§ 108a (1)), under § 108 (6), with the acceptance number (§ 108a (1)); "

16. In § 77, paragraph 7, the expression "according to § 18a" by the expression "in accordance with § § 16 (2a) and (18a)" replaced.

17. In § 79c (1), first sentence, after the expression "§ 124 (1a) and (1b) of the BSVG" the expression "and a report on the development of invalidity as well as on the quality of the structure and results and on the effectiveness of medical and vocational rehabilitation measures" inserted.

18. § 88 (2) lit. a is:

" (a)

from the health insurance, half of the sickness or rehabilitation money that the insured person should have been entitled to, "

19. In § 99 (3), the inbox is deleted; the Z 1 reads:

" 1.

with the end of the calendar month following the delivery of the date of the decision,

a)

if the reason for the withdrawal lies in the restoration or improvement of the physical or mental state of the person entitled to claim;

b)

if, in the case of the cover of rehabilitation money, under the competence centre assessment (§ 307g), it is established that temporary invalidity (occupational disability) is no longer available or the person to be rehabilitated is not Reasonable participation in medical measures of rehabilitation (§ 143a (4)); "

20. In § 108e (9) Z 2, after the expression "one every year" the expression " , with the exception of those years in which a report to Z 3 is to be reimbursed " inserted.

21. In § 108e (9) Z 3, after the expression "by the year 2050" the expression "as well as about the Gebarungsvorschau nach Z 2" inserted and the expression "30th September" by the expression " 31. October " replaced.

22. In § 108e (9) Z 3, the term " "for the first time in 2007" by the expression "for the first time in 2014" replaced.

23. § 117 Z 3 reads:

" 3.

from the insurance case of incapacity for work due to illness or reduced work capacity: sickness benefit (§ § 138 to 143) or rehabilitation allowance (§ 143a); "

24. In § 138, paragraph 2, according to the lit. e the following lit. f inserted:

" f)

which according to § 8 para. 1 Z 1 lit. d part-insured; "

25. In section II of the second part, after the 3. Subsection of the following sub-section 3a including headings inserted:

" 3a. Subsection

Rehabilitative

§ 143a. (1) Persons for which, on request, it was found to be modest that temporary invalidity (occupational disability) is likely to be in the amount of at least six months (§ 367 (4)) and vocational measures of rehabilitation are not (§ 303 para. 3) or are not reasonable (§ 303 para. 4) are entitled to rehabilitation benefits for the duration of the temporary invalidity (occupational invalidity). The further existence of temporary invalidity (invalidity) is in each case, if necessary, by the health insurance institution, but at any rate after the end of one year after the recognition of the rehabilitation money or the last evaluation, in the To review the framework of case management, to be carried out with the evaluation of the competence centre (§ 307g). The recognition and the withdrawal of the rehabilitation money shall be effected by the decision of the pension insurance institution.

(2) The rehabilitation allowance shall be due to the extent of the sickness allowance in accordance with § 141 (1) and (b) from the 43. Day on the extent of the increased sickness allowance in accordance with § 141 (2), which should have been paid out of the last paid employment, with immediately preceding periods of sickness benefit being to be counted. In any case, however, it is due in the amount of the judge's sentence in accordance with § 293 para. 1 lit. a sublit. bb. The increase up to this rate shall only be granted, as long as the person referring to the rehabilitation allowance has his/her lawful, habitual residence in the country.

(3) In the event of the right to rehabilitation money with a claim to earned income exceeding the amount pursuant to § 5 paragraph 2 Z 2, a partial rehabilitative allowance shall be paid, the amount of which shall be determined in accordance with § 254 (7). If the right to rehabilitation benefits is met with a claim to sickness benefit, the entitlement to sickness benefit is based on the amount of the rehabilitation money. § 143 (1) (3) shall apply. Periods for which the entitlement to sickness benefit is based on the rehab allowance shall not be counted towards the maximum period in accordance with § 139.

(4) If the person to be rehabilitated refuses to participate in medical measures of rehabilitation, the rehabilitation allowance shall be withdrawn for the duration of the denial of participation in accordance with this legal consequence.

Case management

§ 143b. The health insurance institutions have the insurance institutions according to § 8 (1) Z 1 lit. (d) to provide full support to persons insured in order to provide a treatment process for the transition between medical treatment and rehabilitation for the restoration of the To ensure the ability to work and to ensure an optimal flow of the necessary supply steps. In this context, the insured person shall be supported during the medical treatment and medical rehabilitation to restore the ability to work in the coordination of the further steps to be taken and to the extent that: accompany the creation of an individual supply plan according to a corresponding needs survey and implemented by the individual service providers. Within the context of case management, it is important to note that the insured persons undergo regular assessments in the competence centre according to § 307g. The health insurance institutions have to vote in good time with the labour market service and the competent pension insurance institution. The pension insurance institution can request an assessment in the competence centre for the assessment, with the involvement of case management.

Cost replacement

§ 143c. (1) The pension insurance institutions shall, for recipients of rehabilitation money (§ 143a), reimburse the health insurance institutions with the stated actual costs of the rehabilitation allowance as well as the pro-rata administrative costs and the to transfer the necessary funds to the main body. The main body shall allocate the amount transferred to the sickness insurance institution in proportion to its cost expenditure for this group of persons. In order to determine the replacement of costs, the health insurance institution has to carry out its own cost centre. The rate of immigrant movement must be carried out in a quarterly manner up to the end of the following month, following the corresponding accounts.

(2) The pension insurance institutions shall pay to the health insurance institutions a flat-rate health insurance contribution in the amount of 7.65% of the expenses for the rehabilitation allowance. "

26. § 222 (1) 2 lit. a is:

" (a)

medical measures of rehabilitation (§ § 253f, 270b), "

27. § 222 para. 2 Z 2 lit. a is:

" (a)

medical measures of rehabilitation (§ 276f), "

28. In § 225 (1) Z 3, after the expression "§ 18" the expression "or § 18a in conjunction with Section 669 (3)" inserted.

29. In § 234 (1) Z 5, after the expression of the staples "(Weekly Money)" the expression "or rehabilitation money" inserted.

30. In § 251a (1), second sentence, the expression "§ 253e or § 270a" by the expression "§ 253f (§ 270b, § 276f)" replaced.

31. In § 252 (2) (3), the expression "of the period referred to in Z 1" by the expression "of the period referred to in Z 1 or in the Z 2 period" replaced.

32. § 253e is repealed.

33. In accordance with § 253e, the following § 253f shall be inserted with the title:

" Medical measures of rehabilitation, claim

§ 253f. (1) Persons, for which it has been established in a modest manner that temporary invalidity within the meaning of Section 255 (1) and (2) or (3) is in the amount of at least six months, shall be entitled to medical measures of rehabilitation (§ 302 para. 1), if this is necessary for the restoration of the working capacity and is appropriate as a result of the state of health.

(2) The measures referred to in paragraph 1 shall be sufficient and appropriate, but shall not exceed the level of the necessary measures. They are to be provided by the pension insurance institution, taking into account the state of health and the reasonableness of the insured person.

(3) If the measures referred to in paragraph 1 are provided by accommodation in hospitals, which mainly serve the purpose of rehabilitation, § 302 (4) shall apply. "

§ 254 (1) (1) (1) and (2) are:

" 1.

the invalidity (§ 255) is likely to be permanent due to the physical or mental state of the state,

2.

vocational measures of rehabilitation are not appropriate (§ 303 para. 3) or are not reasonable (§ 303 para. 4), "

35. § 255a together with the headline is:

" Determination of invalidity

Section 255a. The insured person shall be entitled, for the sole purpose of checking the feasibility of medical or professional rehabilitation measures, to make a separate application for a determination before the lodging of an application on board, whether invalidity within the meaning of Section 255 (1) and (2) or in the sense of Section 255 (3) is likely to be permanent. The insurance institution shall decide on this application in a separate procedure (§ 354 Z 4). "

36. § 256 is repealed.

37. § 270a is repealed.

38. According to § 270a, the following § 270b with headline is inserted:

" Medical measures of rehabilitation, claim

§ 270b. (1) Persons, for which it has been established in a modest manner that temporary occupational incapacity as defined in Section 273 (1) or (2) is at least six months, shall be entitled to medical measures of rehabilitation (Section 302 (1)), if this is necessary for the restoration of the working capacity and is appropriate as a result of the state of health.

(2) The measures referred to in paragraph 1 shall be sufficient and appropriate, but shall not exceed the level of the necessary measures. They are to be provided by the pension insurance institution, taking into account the state of health and the reasonableness of the insured person.

(3) If the measures referred to in paragraph 1 are provided by accommodation in hospitals, which mainly serve the purpose of rehabilitation, § 302 (4) shall apply. "

§ 271 (1) (1) and (2) read:

" 1.

the inability to work (§ 273) is likely to be permanently available due to physical or mental status,

2.

vocational measures of rehabilitation are not appropriate (§ 303 para. 3) or are not reasonable (§ 303 para. 4), "

40. § 271 (3) reads:

"(3) § 254 (3) to (8) shall apply accordingly."

41. § 273a together with headline reads:

" Determination of the incapacity to work

§ 273a. The insured person shall be entitled, for the sole purpose of checking the feasibility of medical or professional rehabilitation measures, to make a separate application for a determination before the lodging of an application on board, whether it is likely to be incapaciated in the sense of Section 273 (1) or (2) in the sense of Section 273 (2). The insurance institution shall decide on this application in a separate procedure (§ 354 Z 4). "

42. § 276e is repealed.

43. In accordance with § 276e, the following § 276f shall be inserted with the title:

" Medical measures of rehabilitation, claim

§ 276f. (1) Persons, for which it has been established in a modest manner that temporary invalidity within the meaning of Section 255 (1) and (2) or (3) is in the amount of at least six months, shall be entitled to medical measures of rehabilitation (§ 302 para. 1), if this is necessary for the restoration of the working capacity and is appropriate as a result of the state of health.

(2) The measures referred to in paragraph 1 shall be sufficient and appropriate, but shall not exceed the level of the necessary measures. They are to be provided by the pension insurance institution, taking into account the state of health and the reasonableness of the insured person.

(3) If the measures referred to in paragraph 1 are provided by accommodation in hospitals, which mainly serve the purpose of rehabilitation, § 302 (4) shall apply. "

44. In § 277 (2), after the expression "§ 256" the expression "in the version in force on 31 December 2013" inserted.

45. § 279 (1) (1) and (2) are:

" 1.

the invalidity (§ 280) is likely to be permanent due to the physical or mental state of the state,

2.

vocational measures of rehabilitation are not appropriate (§ 303 para. 3) or are not reasonable (§ 303 para. 4), "

46. § 279 (3) reads:

"(3) § 254 (3) to (8) shall apply accordingly."

47. According to § 280, the following § 280a and heading is inserted:

" Determination of invalidity

§ 280a. The insured person shall be entitled, for the sole purpose of checking the feasibility of medical or professional rehabilitation measures, to make a separate application for a determination before the lodging of an application on board, whether invalidity within the meaning of Section 255 (1) and (2) or in the sense of Section 255 (3) is likely to be permanent. The insurance institution shall decide on this application in a separate procedure (§ 354 Z 4). "

48. In § 292 para. 4 lit. r is the expression "§ 8 (4) Z 5" by the expression "§ 8 (4) Z 6" replaced.

49. In § 301 (1), second sentence, the expression § § 253e and 270a " by the expression § § 253f, 270b and 276f " replaced.

§ 303 reads:

" § 303. (1) Professional measures of rehabilitation shall be granted in accordance with the appropriate application of § 198, with the exception of paragraph 2 (2) (2) of this provision, in accordance with an appropriate discretion, if this is appropriate as a result of their health status. (par. 3) and reasonable (par. 4).

(2) The measures referred to in paragraph 1 are only those which, with a high probability of permanent invalidity or incapacity to work, can be eliminated or avoided and which are likely to be reintegrated into the To ensure the long-term employment market.

(3) The measures referred to in paragraph 1 shall be sufficient and appropriate, but shall not exceed the level of the necessary measures. They can be provided by the pension insurance institution, taking into account the labour market and its reasonableness for the insured person.

(4) The measures referred to in paragraph 1 shall be presumed to be the insured person only if, having regard to their physical and mental aptitude, their previous activities and the duration and scope of their previous training, they shall be presumed to be (qualification level) as well as of their age, their state of health and the duration of a retirement pension are fixed and implemented. Measures of rehabilitation, which include training for a professional activity, by the exercise of which the previous qualification level is substantially undershot, may only be carried out with the consent of the insured person. If the insured person has carried out an activity which requires a teaching qualification or a middle school diploma, or has acquired, through practical work, qualified knowledge or skills which have been obtained by a teaching qualification or a medium-sized secondary school diploma. In any case, a rehabilitation on activities which do not provide for equivalent training shall be inadmissible.

(5) The level of qualification referred to in paragraph 4 of the first sentence shall be determined by the vocational training required for the activity and by the knowledge and skills required for the performance of the activity (professional competence). "

51. In § 306, para. 1, first sentence, after the expression "to perform" the expression " , if there is no entitlement to a rehabilitation allowance (§ 143a) or retraining allowance (§ 39b AlVG) " inserted.

52. § 306 (1) last sentence is deleted.

53. In the heading to § 307a, after the word "Rehabilitation" the expression " , cost replacement " inserted.

54. In § 307a (1), the expression § § 253e and 270a " by the expression § § 253f, 270b and 276f " replaced.

55. The following paragraph 4 is added to § 307a:

" (4) The pension insurance institutions shall have for cases in which they have established, in accordance with § 367 (4), that the invalidity (occupational disability) is likely to last for at least six months and that vocational measures of rehabilitation are appropriate and it is reasonable to replace the labour market service annually with the costs arising from the provision of vocational training measures. In accordance with § 16 of the Labour Market Policy-Financing Act (AMPFG), BGBl shall be responsible for the acconation and invoicing of this cost replacement. No. 315/1994. '

56. In accordance with § 307f the following § 307g with headline is inserted:

" Competence Centre Review

§ 307g. (1) For the preparation of medical, occupational and labour market-related opinions, a "competence centre assessment" shall be established at the pension insurance institution. In order to clarify labour market-related issues, a knowledgeable representative of the labour market service is to be included as required.

(2) In the preparation of expert opinions in matters relating to the insurance cases of the reduced work capacity and the care allowance within the meaning of the Federal Nursing Money Act, the standards of the specialist companies concerning the medical assessment are Please note.

(3) The opinions in matters relating to vocational rehabilitation must be drawn up in accordance with the principles of the guidelines of the Main Association (§ 31 paragraph 5 Z 36).

(4) For the training of persons who may be used for the preparation of expert opinions in matters relating to the insurance cases of the reduced work capacity and the care allowance within the meaning of the Federal Nursing Money Act, the Pension insurance institutions under this federal law-together with the institutions of the pension insurance scheme under the GSVG and the BSVG and the insurance institution publicly staff members-within the framework of a non-profit-making association, an academy for medical and to establish and operate nursing assessments.

(5) The insurance institutions and the labour market service may transfer the preparation of expert opinions in accordance with paragraph 1 to the competence centre assessment. They shall reimbursed the pension insurance institution with the stated actual costs for the transferred assessments. Section 307a (3) is to be applied in a reasonable way. The implementation of the rehabilitation procedure will continue to be the responsibility of the competent insurance institutions and the labour market service in the cases of the transfer of the evaluation of the reappraisal. "

57. In § 311, the following paragraph 1a is inserted:

" (1a) A transfer amount within the meaning of paragraph 1 shall also be made if a pensioner or a pensioner leaves a pension which is grown from a pension-free service, to the extent that: in paragraphs 3 and 4, nothing else shall be determined. "

58. In § 361 (1), second sentence, after the word "Rehabilitation" the expression "including the rehabilitation money" inserted.

59. In § 362 (2), the expression "Measures of occupational rehabilitation (§ § 253e, 270a)" by the expression "Medical measures of rehabilitation (§ § 253f, 270b and 276f)" replaced.

60. The following sentence shall be added to section 362 (2):

"The same applies in the case of the determination according to § 255a (§ 273a, § 280a), that invalidity (occupational disability) is not present."

61. In § 362 (3) the expression "of nine months" by the expression "of 12 months" replaced.

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

" (4) By way of derogation from paragraph 2, a new request shall not be rejected even before the expiry of the period of 18 months if:

1.

the sickness insurance institution in the case of persons with a right to rehabilitation benefits determines that the working capacity is available again; or

2.

the labour market service has come to the well-founded view that the feasibility of vocational measures for rehabilitation is not or no longer exists. "

63. In § 363 (2) last sentence, the word "Arrest" by the word "Custodial Sentence" replaced.

(64) The following paragraph 4 is added to § 366:

" (4) In order to clarify the question as to whether vocational measures of the rehabilitation are reasonable in accordance with section 303 (4), the institution of the pension insurance scheme shall carry out a professional assessment under the personal involvement of the applicant and to consult them on the findings, in so far as this question cannot already be answered on the basis of the medical examination referred to in paragraph 1. "

65. In § 367 (1), first sentence, the expression "Vocational measures" by the expression "Medical measures" replaced.

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

" (4) If a requested benefit is rejected from the insurance case of reduced work capacity, because permanent invalidity (occupational disability) is not to be accepted due to the physical or mental state, or in accordance with § 255a (§ 273a, § § 273a, § § 273a). 280a), the invalidity (invalidity) is not likely to be permanently available, the insurance institution has to determine on its own account,

1.

whether invalidity (invalidity) is present in the sense of Section 255 (1) and (2) (§ 273 (1)) or in the sense of Section 255 (3) (§ 273 (2)) and when it has occurred (§ 223 para. 1 Z 2 lit. (a)

2.

whether the invalidity (occupational disability) is likely to last for at least six months;

3.

whether vocational measures of rehabilitation are appropriate (§ 303 para. 3) and reasonable (§ 303 para. 4) and for which professional field the insured person can be qualified by these measures. "

67. According to § 368, the following § 368a and heading is inserted:

" Transfer of the charges of the pension insurance institutions to the institutions of the sickness insurance scheme

§ 368a. The pension insurance institutions have been responsible for finding that temporary invalidity (occupational disability) is likely to be in the range of at least six months (§ 367 (4)) and vocational measures of rehabilitation are not appropriate (§ 303 para. 3) or are not reasonable (§ 303 para. 4) to submit without delay the health insurance institution responsible for the performance of rehabilitation money according to § 143a. "

68. In § 440a paragraph 5, the introduction is after the expression "Z 1" the expression "and 3" and after the expression "Reimbursement of travel and subsisting costs" the expression "as well as on meeting money" inserted.

§ 460c reads:

" § 460c. Recipients of benefits under the pension rights in accordance with the regulations of the service have to make a security contribution from these services in each case. This amounts to benefits (power parts)

1.

up to a maximum of 35% of the monthly maximum contribution basis, to 3.3%,

2.

More than 35% of the monthly maximum contribution basis, up to 70% of the monthly maximum contribution basis, to 4.5%, and

3.

Over 70% of the monthly maximum contribution basis to 6,0%.

An additional contribution according to § 31 paragraph 3 Z 9 is to be made to this security contribution. "

69a. In § 667 Z 2, the expression " 1. Jänner 2008 " by the expression "31 December 2007" replaced.

70. § 667 in the version of the Federal Law BGBl. I N ° 89/2012 shall be given the name "§ 668" .

71. In accordance with § 668, the following § 669 shall be added together with the title:

" Final provisions on Art. 5 of the Federal Law BGBl. I N ° 3/2013 (78. Novelle)

§ 669. (1) It shall enter into force:

1.

with 1. January 2013 § § 16 (2a), 31 (3) Z 9, 76 (1) Z 3, 77 (7), 108e (9) Z 2 and Z 3 in the version of Z 21, 225 (1) Z 3, 311 (1a), 363 (2), 440a (5) and 460c in the version of the Federal Law BGBl. I No 3/2013;

2.

with 1. Jänner 2014 § § 8 para. 1 Z 1 lit. d and Z 2 lit. c, 10 para. 5a and 6b Z 3, 12 para. 4a, 31 para. 2 and 5, 36 para. 1 Z 13a, 44 para. 1 Z 14 and para. 6 lit. a, 88 para. 2 lit. a, 99 para. 3 entrance and Z 1, 108e para. 9 Z 3 in the version of the Z 22, 117 Z 3, 138 para. 2 lit. f, 222 para. 1 Z 2 lit. a and para. 2 Z 2 lit. a, 234 para. 1 Z 5, 251a para. 1, 253f with title, 254 para. 1 Z 1 and 2, 255a with title, 270b with title, 271 para. 1 Z 1 and 2 as well as para. 3, 273a with title, 276f with headline, 277 para. 2, 279 para. 1 Z 1 and (2) and (3), 280a including heading, 301 (1), 303, 306 (1), 307a, title and (1) and (4), 307g, together with the heading, 361 (1), 362 (2) to (4), 366 (4), 367 (1) and (4), 368a, and subsection 3a of the section II of the Second Part together with the headings (§ § 143a to 143c) in the version of the Federal Law BGBl. I No 3/2013;

3.

with 1. Jänner 2016 § 79c paragraph 1 in the version of the Federal Law BGBl. I No 3/2013;

4.

retroactively with 1 June 2012, § § 252 (2) Z 3 and 292 (4) (lit). r in the version of the Federal Law BGBl. I No 3/2013.

(2) § § 253e, 256, 270a and 276e shall expire on 31 December 2013.

(3) The self-insurance in the pension insurance according to § 18a may apply at the request of persons who sometime in the period between the 1. In 1988 and 31 December 2012, the conditions for this self-insurance have been fulfilled, subject to a retrospection of the date on which the application was submitted-for all or individual months, but at the latest for 120 months, in which the conditions mentioned were available. Section 18 (2) shall apply mutatily.

(4) The health insurance institutions shall evaluate the expenses incurred by the introduction of the rehabilitation money in accordance with § 143a to 31 December 2015, together with the pension insurance institutions, until 31 March 2016. The evaluation report is to be submitted to the Federal Ministry of Labour, Social Affairs and Consumer Protection and the Federal Ministry of Health.

(5) For persons who are on the 1. Jänner 2014 the 50. § § 222 (1) and (2), 251a (1), (253e), 254 (1) (1) and (2), 256, 270a, 271 (1) (1) and (2) and (3), 276e, 277 (2), 279 (1) (1) and (2) and (3), 301 (1), (306) (1), 362 (2) and 367 (2) (2), (2) and (2), (2) and (3), (1) and ( 1 shall continue to apply in the version in force on 31 December 2013.

(6) In the case of persons who, on 31 December 2013, receive a temporary pension from the insurance case of reduced working capacity, § 256 is valid in the version valid on December 31, 2013 until the end of the respective period of validity of the pension. to apply.

(7) § 460c second sentence in the version of the Federal Law BGBl. I No 3/2013 shall apply to recipients of benefits for which, under the provisions of the Staff Regulations of the Regulations, no collective contractual pension income limit applies, in such a way as to replace the percentages of 3.3%, 4,5% and 6,0% of the percentages of the pension. The percentages are 3.5%, 5.0% and 7.1%.

(8) § 25 (3) APG shall apply only to insurance cases in which the reporting date is after 31 December 2013. "

Article 6

Amendment of the Industrial Social Insurance Act (40). Novelle to GSVG)

The Industrial Social Security Act, BGBl. No 560/1978, as last amended by the Federal Law BGBl. I No 76/2012, shall be amended as follows:

1. In § 23, the word "Arrest" by the word "Custodial Sentence" replaced.

2. In § 128 sec. 2 Z 3 the expression "of the period referred to in Z 1" by the expression "of the period referred to in Z 1 or in the Z 2 period" replaced.

3. § 149 (4) (lit). r is the expression "§ 8 (4) Z 5" by the expression "§ 8 (4) Z 6" replaced.

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

" Competence Centre Review

§ 171a. (1) For the preparation of medical and professional advice in the field of this federal law and the FSVG, the insurance institution, together with the institution of the pension insurance, has a "competence centre review" according to the BSVG in the To establish a legal form of a limited liability company.

(2) In the preparation of expert opinions in matters relating to the insurance cases of invalidity and the maintenance allowance within the meaning of the Federal Nursing Money Act, the standards of the specialist companies concerning medical assessment must be observed.

(3) The opinions in matters relating to vocational rehabilitation must be drawn up in accordance with the principles of the guidelines of the Main Association (§ 31 paragraph 5 Z 36 ASVG).

(4) For the training of persons who may be used for the preparation of expert opinions in matters relating to insurance cases of invalidity and care for the purposes of the Federal Nursing Money Act, the insurance institution has:- together with the institutions of the pension insurance scheme in accordance with the ASVG and the BSVG and the insurance institution for public servants, to establish an academy for medical and nursing assessments within the framework of a non-profit-making association and to operate. "

5. In § 175 (1), the following paragraph 1 is inserted after paragraph 1:

" (1a) A transfer amount within the meaning of paragraph 1 shall also be repaid in cases where a pensioner or a pensioner retires from a pension which has an employment relationship free of pension insurance; insofar as nothing else is determined in paragraphs 3 and 4. "

6. In § 214 (4), the introduction shall be based on the expression "Z 1" the expression "and 3" and after the expression "Reimbursement of travel and subsisting costs" the expression "as well as on meeting money" inserted.

6a. In § 346 Z 2, the expression " 1. Jänner 2008 " by the expression "31 December 2007" replaced.

7. In accordance with § 346, the following § 347 shall be added together with the heading:

" Final determination on Art. 6 of the Federal Law BGBl. I N ° 3/2013 (40) Novelle)

§ 347. (1) It shall enter into force:

1.

with 1. January 2013 § § 23, 175 (1a) and 214 (4) in the version of the Federal Law BGBl (Federal Law Gazette). I No 3/2013;

2.

with 1. Jänner 2014 § 171a together with the title in the version of the Federal Law BGBl. I No 3/2013;

3.

retroactively with 1 June 2012 the § § 128 (2) Z 3 and 149 (4) (lit). r in the version of the Federal Law BGBl. I No 3/2013.

(2) § 25 (3) APG shall apply only to insurance cases in which the reporting date is after 31 December 2013. "

Article 7

Amendment of the Farmers ' Social Insurance Act (40). Novelle to the BSVG)

The farmers social security law, BGBl. N ° 559/1978, as last amended by the Federal Law BGBl. I No 76/2012, shall be amended as follows:

1. In § 21, the word "Arrest" by the word "Custodial Sentence" replaced.

(2) In § 23 (1a), the following sentence shall be inserted before the last sentence:

"The revocation shall be made up to the maximum of 30 April of the following year of contribution."

3. In § 23, paragraph 3, the point at the end of the lit. g replaced by a stroke; the following lit. h is inserted:

" h)

if the country (forst) economic operation is conducted in the form of a company civil law and not all shareholders co-owners of the country (forestry) on the common account and danger Operation (lit. (b) the unit value shared by the members of the shareholder. "

4. In § 23 (3) penultimate sentence, the parenthesis shall be deleted "(co-ownership)" .

5. In § 23, para. 12, the expression "pursuant to paragraph 4a" by the expression "according to (4a) and (4d)" replaced.

6. In § 119 (2) (3), the expression "of the period referred to in Z 1" by the expression "of the period referred to in Z 1 or in the Z 2 period" replaced.

7. § 140 (4) (lit). r is the expression "§ 8 (4) Z 5" by the expression "§ 8 (4) Z 6" replaced.

8. According to § 163, the following § 163a and title shall be inserted:

" Competence Centre Review

§ 163a. (1) For the preparation of medical and professional advice in the field of this federal law, the insurance institution, together with the institution of the pension insurance scheme, has a "competence centre assessment" in the legal form according to the GSVG a society with limited liability.

(2) In the preparation of expert opinions in matters relating to the insurance cases of invalidity and the maintenance allowance within the meaning of the Federal Nursing Money Act, the standards of the specialist companies concerning medical assessment must be observed.

(3) The opinions in matters relating to vocational rehabilitation must be drawn up in accordance with the principles of the guidelines of the Main Association (§ 31 paragraph 5 Z 36 ASVG).

(4) For the training of persons who may be used for the preparation of expert opinions in matters relating to insurance cases of invalidity and care for the purposes of the Federal Nursing Money Act, the insurance institution has:- together with the institutions of the pension insurance scheme in accordance with the ASVG and the GSVG and the insurance institution for public servants, to establish an academy for medical and nursing assessments within the framework of a non-profit-making association and to operate. "

9. In § 167 (1), the following paragraph 1 is inserted after paragraph 1:

" (1a) A transfer amount within the meaning of paragraph 1 shall also be repaid in cases where a pensioner or a pensioner retires from a pension which has an employment relationship free of pension insurance; insofar as nothing else is determined in paragraphs 3 and 4. "

10. In § 202, paragraph 4, the introduction is after the expression "Z 1" the expression "and 3" and after the expression "Reimbursement of travel and subsisting costs" the expression "as well as on meeting money" inserted.

11. In § 333, the expression "149 (4)" by the expression "140 (4)" replaced.

11a. In § 336 Z 2, the expression " 1. Jänner 2008 " by the expression "31 December 2007" replaced.

12. In accordance with § 338, the following § 339 shall be added together with the heading:

" Final determination on Art. 7 of the Federal Law BGBl. I N ° 3/2013 (40) Novelle)

§ 339. (1) It shall enter into force:

1.

with 1. January 2013 § § 21, 23 (1a), (3) and (12), 167 (1a) and (202) (4) in the version of the Federal Law BGBl. I No 3/2013;

2.

with 1. Jänner 2014 § 163a together with the title in the version of the Federal Law BGBl. I No 3/2013;

3.

Retroactively with 1 June 2012 the § § 119 para. 2 Z 3, 140 para. 4 lit. r and 333 in the version of the Federal Law BGBl. I No 3/2013.

(2) § 25 (3) APG shall apply only to insurance cases in which the reporting date is after 31 December 2013. "

Article 8

Amendment of the Official Health and Accident Insurance Act (39. Novelle to B-KUVG)

The Civil And Accident Insurance Act, BGBl. No 200/1967, as last amended by the Federal Law BGBl. I No 35/2012, shall be amended as follows:

1. In § 84 (1) the expression "Sickness allowance according to § § 138 to 143 and" by the expression "Sickness allowance according to § § 138 to 143 and rehabilitation allowance according to § 143a and" replaced.

2. In accordance with § 118a, the following § 118b and title shall be inserted:

" Cost replacement for the performance of rehabilitation money

§ 118b. (1) The pension insurance institution has the insurance institution for recipients of rehabilitation money (§ 143a ASVG) insured under this federal law (§ 143a ASVG) the stated actual costs of the rehabilitation allowance as well as the pro-rata Administrative costs. The insurance institution shall have its own cost centre to determine the replacement of the costs. The rate of immigrant movement must be carried out in a quarterly manner up to the end of the following month, following the corresponding accounts.

(2) The pension insurance institution has a flat-rate health insurance contribution in the amount of 7.65% of the expenses for the insurance institution for recipients of rehabilitation benefit to the insurance institution under the Federal Act of Germany. To pay rehabilitative money. "

3. In accordance with § 119, the following § 119a and heading is inserted:

" Academy for medical and nursing appraisal

§ 119a. For the training of persons who may be used for the preparation of expert opinions in matters of invalidity and care in the sense of the Federal Nursing Money Act, the insurance institution has in common with the institutions of the Pension insurance in accordance with the ASVG, GSVG and BSVG within the framework of a non-profit-making association, to establish and operate an academy for medical and nursing evaluation. "

4. In accordance with § 230, the following § 231 and heading is added:

" Final provisions on Art. 8 of the Federal Law BGBl. I No 3/2013 (39. Novelle)

§ 231. (1) § § 84 (1), 118b, together with the title and 119a, together with the title in the version of the Federal Law BGBl. I No 3/2013 will be 1. Jänner 2014 in force.

(2) The insurance institution shall have the expenses incurred in its area by the introduction of the rehabilitation money in accordance with § 143a ASVG until 31 December 2015, together with the pension insurance institution until 31 March 2016. evaluate. The evaluation report is to be submitted to the Federal Ministry of Labour, Social Affairs and Consumer Protection and the Federal Ministry of Health. "

Article 9

Amendment of the Federal Nursing Money Act

The Federal Nursing Money Act, BGBl. N ° 110/1993, as last amended by the Federal Law BGBl. I No 58/2011, shall be amended as follows:

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

" 10.

Recipients of a rehabilitation money according to § 143a ASVG or § 84 B-KUVG. "

2. Section 3a (2) Z 3 reads as follows:

" 3.

Persons who are entitled to a right of residence in accordance with § § 15a and 15b of the Foreign Police Act 2005 (FPG), Federal Law Gazette (BGBl). I n ° 100/2005, or according to § § 51 to 54a and 57 of the German Law on the Law of the Netherlands (NAG), BGBl. I No 100/2005, or '

3. 3a (3) Z 4 reads as follows:

" 4.

Persons who only have a temporary right of residence in accordance with Section 13 (1) of the Asylum Act 2005, BGBl. I No 100/2005. "

4. § 6 (4) last sentence reads:

"This does not apply in cases of § 3 (1) Z 10 and § 3a."

5. In § 18, the following paragraph 1 is inserted after the first paragraph of paragraph 1:

" (1a) A person in need of care stays in-patient care at the expense of, or with the participation of, a country, a municipality or a social assistance provider, the written consent of the person in need of care, of the legal person in question, of the person in need of care. Provided that, until revoking for future disbursements, the representative or the person in question has to pay the care allowance to the respective payer for the duration and the extent of the provision of benefits with a debt-relieving effect. the person in need of care is paid. Under part-time care, offers are offered for a whole or at least half-day day structure for care and/or support. people who are in need of care who do not live in inpatient facilities and who are in any case provided during the day in specially built facilities or senior citizens ' facilities. The respective cost carrier has to pay the person in need of care the remaining amount of care money at least in the amount of 10 ° vH of the care allowance of the level 3 and to report the end of the part-patient care immediately to the decision-maker. The payment of the care money to the respective cost carrier is not to be adopted. "

6. § 18a (5), last sentence reads:

"§ 47 (4) and § 48c (8) shall not apply."

7. § 22 (1) Z 5 reads:

" 5.

§ 3 (1) Z 5 lit. c, Z 6 lit. c, Z 10 and § 3a the pension insurance institution; "

(8) The following paragraph 5 is added to section 25a:

" (5) For the training of persons who may be used for the preparation of expert opinions in matters of care, the pension insurance institutions in accordance with the ASVG-together with the institutions of the pension insurance scheme in accordance with the GSVG and to the BSVG, the insurance institution for public servants and the Federal Office for Social Affairs and the Disabled-to establish and operate an academy for medical and nursing assessments within the framework of a non-profit-making association. "

9. The following paragraph 21 is added to § 49:

" (21) It enters into force:

1.

with 1. Jänner 2013 § 18 (1a) and § 18a (5) last sentence in the version of the Federal Law BGBl. I No 3/2013;

2.

with 1. § 3 (1) Z 9 and 10, § 3a (2) (3) and (3) (3) (3) and (3) (3) (4), § 6 (4), last sentence, § 22 (1) (5) and Section 25a (5) in the version of the Federal Act BGBl. I No 3/2013. '

Article 10

Amendment of the Nightweightwork Act

The Night Gravity Labor Act, BGBl. No 354/1981, as last amended by the Federal Law Gazette (BGBl). I No 35/2012, shall be amended as follows:

1. In Art. VII (3) shall be the expression "The Federal Minister for Labour and Social Affairs" by the expression "Der/the Federal Minister for Labour, Social Affairs and Consumer Protection" replaced.

2. Art. VII (4) reads as follows:

" (4) Night hard work shall also be carried out by workers of the fire brigade who, in the period between 10 p.m. and 6 a.m., perform at least six hours of operations or readiness to work for shiftwork, if they are concerned with the principal activity of the Workers are acting. This also applies in derogation from paragraph 1, even if the working time is regularly and in a considerable amount of work readiness. "

3. In Art. VII (5) shall be the expression " 2, a regulation as referred to in paragraph 3 or 4 " by the expression " 2 or 4, a regulation as referred to in paragraph 3 " Replaces and eliminates the parenthesis "(the Berghauptmannschaft)" .

4. In the way. VIII (1), IX, XI (3), XII (1) and (3) and XIII (3) respectively shall be the expression of: " Art. Article VII (2), of a Regulation by Art. VII (3) and (4) " by the expression " Art. VII (2) or (4), of a Regulation in accordance with Art. VII (3) " replaced.

5. In Art. XI (6), the following expression: " Art. Article VII (2) or of a Regulation by Art. VII (3) or (4) " by the expression " Art. VII (2) or (4), a Regulation as referred to in paragraph 3 " replaced.

6. The Art. XIII the following paragraph 13 is added:

" (13) Are for employees of the fire brigade according to Art. VII (4) in order to justify the right to special ruhedmoney even before November 1, 2012, months of contributions within the meaning of § § 225 and 226 of the General Social Security Act (General Social Insurance Act) are required, so those months of contributions shall apply, for which contributions have been made in the case of earlier periods of Entry into force of the Federal Law BGBl. I No 3/2013 would have been due to the contribution of night-time work as a contribution rate in the sense of the nature. XI, paragraph 3, insofar as they are necessary for the justification of the special revocation. The second sentence of paragraph 6 shall apply. "

7. The Art. The following paragraphs 7 and 8 are added to XIV:

" (7) The Art. VII (4) and (5), VIII (1), (IX), (3) and (6), (1) and (3), XIII (3) and (13) and (3) and Article XV (4) in the version of the Federal Law BGBl. I No 3/2013 will be 1. Jänner 2013 in force.

(8) The Regulation of the Federal Minister for Economic Affairs concerning charges in the sense of the Art. VII (2) (2), (2), (5) and (8) of the Nightweighers Act (Nachtschwerarbeitsgesetz) in the case of works in No 385/1993, is hereby repealed. For the employees concerned, the regulation of the Federal Minister of Labour and Social Affairs is on charges in the sense of the nature. VII (2) (2), (5) and (8) of the Nachtschwerarbeitsgesetz, BGBl. No 53/1993. '

8. In Art. The following paragraph 4 is added to XV:

"(4) In so far as personal names are not yet formulated in a gender-neutral manner in this federal law, the chosen form shall apply to both sexes."

Article 11

Amendment of the Leave Act

The Leave Act, BGBl. No 390/1976, as last amended by the Federal Law BGBl. I n ° 19/2012, is amended as follows:

1. § 2 para. 4, first sentence reads:

"By collective agreement, operating agreement or in establishments without works council by written individual agreement, the calendar year or any other year period may be agreed as a holiday year instead of the working year."

2. In § 10a (1), the term " " Art. Article VII (2), of a regulation in accordance with Art. VII (3) and (4) " by the expression " Art. VII (2) or (4), of a Regulation in accordance with Art. VII (3) " replaced.

Section 16 (1) reads as follows:

" (1) If the employee is at work after the employment relationship has been taken up

1.

because of the necessary care for a close relative living in the common household, or

2.

because of the necessary care of his or her child (choice or nurse) or of a physical child of the other spouse, of the registered partner or life-mate who is living in the common household, as a result of an outage of a person who is the child for the reasons of § 15d (2) (2) (1) to (5) of the Maternity Protection Act 1979, Federal Law Gazette (BGBl). N. 221, as amended, or

3.

because of the monitoring of his/her ill child (choice or nurse) or of a physical child of the other spouse who is registered in the common household, the registered partner or partner in the case of a hospital stay in a saline and nursing home, provided that the child has not yet completed the tenth year of life,

He has the right to receive payment of the remuneration up to the maximum extent of his regular weekly working hours within a working year. As close relatives within the meaning of this Federal Act, the spouse, the registered partner and persons employed in a straight line with the worker are also elected and foster children, who are living in the common household. Children of the other spouse or registered partner or partner of life, as well as the person with which the worker lives in the life community. "

4. In § 16 (2), after the expression of the staples "(choice or nurse)" the phrase "or in the common household, the physical child of the other spouse or registered partner or life-mate" inserted.

5. The following paragraph 4 is added to Section 16 (3):

" (4) In the case of the necessary care of his sick child (choice or nursing child), the employee also has the right to an exemption from the work performance in accordance with paragraph 1 Z 1, para. 2 and 3, who is not with his diseased child (choice-or Nurse is living in the common household. "

(6) The following paragraph 12 is added to § 19:

" (12) § 2 para. 4 first sentence, § 10a paragraph 1 as well as § 16 para. 1, 2 and 4 in the version of the Federal Law BGBl. I No 3/2013 will be 1. Jänner 2013 in force. "

Article 12

Amendment of the Working Time Act

The Labor Time Act, BGBl. No. 461/1969, as last amended by the Federal Law BGBl. I No 35/2012, shall be amended as follows:

1. In § 11 (4), the term " " Art. Article VII (2), of a Regulation by Art. VII (3) and (4) " by the expression " Art. VII (2) or (4), of a Regulation in accordance with Art. VII (3) " replaced.

2. In § 12a (3), the term " " 2, " by the expression " 2 or 4, " replaced.

3. In § 33, the following paragraph (1) is inserted after paragraph (1):

" (1y) The § § 11 (4) and 12a (3) in the version of the Federal Law BGBl. I No 3/2013 will be 1. Jänner 2013 in force. "

Fischer

Faymann