Social Security Amendment Act 2012 - Sväg 2012

Original Language Title: Sozialversicherungs-Änderungsgesetz 2012 – SVÄG 2012

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123. Federal law that modifies the General Social Insurance Act, the commercial law of social insurance, the farmers social insurance law and the officials-sick and accident insurance law (social security Amendment Act 2012 - SVÄG 2012)

The National Council has decided:

Article 1

Change of the General Social Insurance Act (79th 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. § 5 para 2 fourth tick mark is: "-a maternity leave under the maternity protection Act 1979 (MSchG), Federal Law Gazette No. 221/1979, or the fathers parental leave act VKG, BGBl. No. 651/1989 or entitled to maternity allowance."

2. paragraph 31 paragraph 6:

"(6) the guidelines drawn up by the Association and decisions taken within the framework of its legal effect circle are binding for the insurance carrier grouped together in the Federation."

3. the heading to § 31c is as follows:

"Service fees"

4. in the section 31c para 2 is in the first sentence the phrase "from the entitled person" by the expression "by the insured / by the insured"; the following records shall be inserted after the first sentence:

"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 with 1 January 2013, (§ 108 para 1) multiplied amount." The multiplied amount shall be rounded to five cents."

5. in article 31, the comma is replaced at the end of the Z of 8 by a point c para 2 is no. 9.

6. in article 31, the expression "for themselves and their family members" eliminates c par. 3 in the first set.

7. in section 53 para 2 Z 3 is the expression "under the non-respect of the maximum contribution basis (§ 108 para 3)" is replaced by the expression "in accordance with the maximum one and a halffold contribution basis (§ 108 para 3)".

8 paragraph 53b para 3 No. 2: "2. from the first day of wages up to a maximum of six weeks per working year (calendar year), provided that the remuneration has taken three consecutive days longer than underlying inability to work, and" 9. In § 53 b para 3 Z 3, the expression "under the non-respect of the maximum contribution basis (§ 108 para 3)" is replaced by the expression "in accordance with the maximum one and a halffold contribution basis (§ 108 para 3)".

10 § 90a and heading is as follows:

"Meeting a claim on disabled pension entitled to a sickness benefit or support performance in long-running disease according to Section 104a of the GSVG

§ 90a. (1) meets the receipt of sickness benefit or support service in long-running disease after Section 104a GSVG entitled a disabled pension from the accident insurance together, so resting, if incapacity for work is result of occupational injury or occupational illness, the disabled pension for the further period of cover by sickness or a support service with the amount of sickness benefit or support performance; the cover of disabled money are the entitlement of disabled pension and the time for which pursuant to § 138 para 1 entitlement to sickness benefit is not, as well as dormant entitlement to sickness benefit or support performance just keep the relation of sickness benefit or support performance distribution.

(2) the rest not occur however referred to in paragraph 1 to the extent in which the pension had immediately before the incapacity."

11. in the section 123, paragraph 9, the point is at the end of the lit. (e) the expression "or" replaced by and following lit. f added: "f) a profession was a member, which according to § 5 ABS. 1 of the compulsory health insurance is taken out, and from a facility of in professional legal representation refers to an old-age, invalidity - or death benefits. Special pension benefits pursuant to the § considered section 20 c, 20 d and 20e FSVG supply services."

12 paragraph 123 paragraph 10:

"(10) one in para 2 and 4, and para 7, 7a, 7B and 8 person in accordance with compulsory health insurance coverage founded this or any other federal law, does not apply as a member, when it exercises a gainful employment abroad that, she would be exercised domestically, or a pension on the basis of this work relates; This also applies for employment with an international organization and the reference of a pension on the basis of this employment."

13. in the section 139, paragraph 1, the expression is "§ 122 para 2 Z 2-4" by the expression "§ 122 para 2 subpara 2 and 3" replaced.

14 paragraph 153 para 3:

"(3) dental treatment and dental prostheses are as in-kind contributions by dentists/contract dentists or treaty group practices, choice dental/dentists of choice, or choice group practices (section 131 par. 1), contract dentist/contract dentistinnen, dentist of choice/choice dentistinnen (section 131, paragraph 1), specially for this purpose equipped facilities (dispensaries) the insurance carrier or contract facilities granted." Section 135 subsection 2 first and second sentence shall apply mutatis mutandis. To the extent that the payments to be made to the services of the dental treatment and the restoration are provided, they must be equal in the dental outpatient clinics of the insurer and the freelance contract dentist/contract dentists and contract dentist/contract dentistinnen, and when the Treaty group practices. Provided in dental outpatient clinics of the insurance carrier services, which are not the subject of the overall contract or articles of association or, as well as measures for the prevention of diseases of the teeth, mouth and jaw including the associated tissue, contributions to costs of the insured are so provided. These posts are to be set to break even and to publish on the website of the insurance carrier, as well as by posting them in the dental clinic of the insurance carrier."

15. after section 153, paragraph 3, the following paragraph 3a is inserted:

"(3a) which allowed health insurance carriers in the in the area of fixed dental prosthesis services no cosmetic luxury, as no extensive fixed restorations constructions dental outpatient clinics, which represent an exceptional risk as total work because of their size."

16 § 175 ABS. 2 Z 10 is: "10 on a way of (a) insured persons to the or of the work or training school (No. 1) with the purpose of a child to a child care facility, to day care, to bring in foreign custody or to a school or to pick up from there, provided for the child a duty of supervision comes to him or her."

17. in the section 176, paragraph 1 Z 2 is the expression "If there is no special legal obligation for these services;" replaced with the expression "If the accident not deliberately engineered by the Savior / the Saviour, and if an entitlement is not after other unfallversicherungs - or accident welfare legal provisions;".

18. in § 195 para 6, the expression "or a supporting performance in long-running disease according to Section 104a of the GSVG' is inserted after the expression"Obtaining benefits from a statutory health insurance".

19. in section 204 para 1, the expression is inserted after the expression "Health insurance" "under this Federal Act".

20. after paragraph 319a, 319 the following section is inserted b together with the heading:

"Claims of the social insurance institution of for trade and industry

§ 319 b. (1) the General accident insurance institution has to replace the overhead to support performance of the social insurance institution of for trade and industry according to Section 104a of the GSVG up to a maximum duration of 19 million euro annually. The amount multiplied in accordance with § 108 paragraph 6 with the respective revaluation number (§ 108) as of January 1 of each year, for the first time from 1 January 2014, takes the place of this amount.

(2) redress income and back required, wrongly provided services, the social insurance institution of for trade and industry, as well as share of the management costs of the General accident insurance institution is the compensation.

(3) the reimbursement of expenses has quarterly up to the end of the following month after appropriate accounting according to § 182 to be b GSVG."

21 paragraph 343c together with the heading:

"Total agreement over setting rates for the fixed restorations

§ 343c. (1) between the Confederation and the Austrian Chamber of dentists is a total contract, which sets indicative tariffs that are allowed / the insured by dentist/contract dentists (contract dentist/contract dentistinnen, contract group practices) for services of fixed dental prosthesis in invoice.

(2) the set tariffs set in accordance with paragraph 1 are binding for all freelance dental surgeons/dentists standing in a contract, dentist/Dentistinnen or treaty group practices."

22 paragraph 16a is eliminated § 575.

23 in the No. 20 of annex 1 is the term "Diseases" with the expression "Vibrationsbedingte circulation to the hands, as well as other disorders" replaced.

24 in the No. 22 of annex 1, the expression "Paralysis of the nerves due to pressure" is replaced by the expression "Pressure damage to the nerves".


25th in the No. 23 of Appendix 1 is the term "Chronic diseases of the Bursae of the knee or elbow joints by constant pressure or constant vibration" by the expression "chronic diseases of Bursa, the tendon sheaths and tendon gliding tissue as well as the tendon and muscle attachments due to constant pressure or constant vibration" replaced.

26. in the No. 26 of annex 1 is following lit. (c) added: c) malignant neoplasms of the lung by the exposure to crystalline silica in silicosis 27. In the No. 30 of Appendix 1 is for the term "asthma bronchial" inserted the parenthetical expression (including Rhinopathy).

28. According to § 670 671 the following section including headline is added:

"Final provisions to article 1 of the Federal Act Federal Law Gazette I no. 123/2012 (79th Amendment)"

671 (1) come into force it: 1 with 1 January 2013 the § 5 para 2, the heading to § 31 c, 31 c paragraph 2 and paragraph 3, 53 b para 2 No. 3, subsection 3 Nos. 2 and 3, 90a including heading, 123 paragraph 9 and 10, 153 paragraph 3 and 3a, 175 ABS. 2 Z 10, 176 para 1 Z 2, 195 para 6 , 204 para 1, 319b, including heading, 343c and heading as well as the No. 20, 22, 23, 26 and 30 of annex 1 as amended by Federal Law Gazette I no. 123/2012;

2. retroactive with January 1, 2011 § 139 para 1 as amended by Federal Law Gazette I no. 123/2012;

3. retroactive to 1 January 2004 article 31 paragraph 6 as amended by Federal Law Gazette I no. 123/2012.

(2) § 575 occurs upon the expiry of 30 June 2013 override paragraph 16a.

(3) who suffers from (the) insured January 1, 2013, a disease which I no. 123/2012 as an occupational disease applies only because of the Federal Law Gazette, or he is (they) such disease died before January 1, 2013, so are him (them) or his (her) surviving the accident insurance to provide, when the insured event, occurred after December 31, 1955 the services are to provide, if the application is made until the expiry of the 31 December 2014 at the earliest from 1 January 2013 If the application is made after 31 December 2014, the services fees at the earliest from the date of submission.

(4) the social insurance institution of for trade and industry has to make an evaluation of the expenses caused by the introduction of support services in long-running disease after Section 104a until 31 December 2015, together with the General accident insurance institution to March 31, 2016, in the transferred area of effect of beams under binding to the directives of the Federal Minister of health. The evaluation report is to be submitted to the Federal Ministry of health.

(5) Regulations because of the Federal Act Federal Law Gazette I no. 123/2012 can retroactively with 1 January 2013 enter into force."

Article 2

Amendment of the commercial law on social insurance (41. 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 § 4 para 2 subpara 1 is eliminated.

2 paragraph 4 and 5 is § 4.

3. paragraph 9 paragraph 1:

"(1) insured pursuant to section 2 para 1, no. 2 and sections 14a and 14B can complete a supplementary insurance to sick pay article 3, paragraph 1 up to the age of 60 for their person."

4. paragraph 9 para 3:

"(3) the insurance ends, except with the Elimination of the requirements, 1 with the end of the calendar month in which the insured person his departure has declared 2. exclusion pursuant to section 11, in all cases but at the latest upon leaving the compulsory insurance according to § 7 paragraph 1 Z 1 to 3 and 7, par. 4 and 5, § 14 c para 2 and section 14 d para 2."

5. in the section 14a para 1 No. 2 the expression 'alters(Todes)versorgungsleistung"by the expression"Old-age, invalidity - or death benefits"is replaced.

6. in section 14a paragraph 2 the expression "alters(Todes)versorgungsleistung" by the expression "Old-age, invalidity - or death benefits" replaced.

7 § 14a para 3 is as follows:

"(3) persons, according to § 14 were compulsorily b paragraph 1 No. 1 or no. 3, now an employment exercise, in their exercise of it on the basis of an application for their statutory professional representative pursuant to section 5 of the compulsory health insurance are excluded, and work substantiated the compulsory insurance health insurance gave up or where the benefits substantiated the compulsory insurance in the health insurance has been removed" ", are insured under the health insurance self, if and as long as they are joined not a sick Pension Fund of their statutory professional representative."

8. in section 14a be attached following paragraph 4 and 5:

"(4) people who were self insured ASVG and continue to exercise gainful employment, in their exercise of it on the basis of an application for their statutory professional representative pursuant to section 5 of the compulsory health insurance are excluded, according to § 16 are insured under the health insurance self, if and as long as they are joined not a sick Pension Fund of their statutory professional representative."

(5) persons who were excluded on the basis of an application for their statutory professional representative pursuant to section 5 of the mandatory health insurance and from a facility of their statutory professional representative take a pension that is substantiated not compulsory insurance health insurance due to freelance work according to this federal law, the FSVG or the NVG 1972 and/or an old-age, invalidity - or death benefits and employment ", which established compulsory insurance health insurance according to § 14 para 2, have abandoned, are insured under the health insurance self, if and as long as they are joined not a sick Pension Fund of their statutory professional representative."

9 paragraph 14 b paragraph 1:

"(1) persons who are excluded on the basis of an application for their statutory professional representative pursuant to section 5 of the mandatory health insurance subject to then on the basis of their freelance work in the health insurance of compulsory insurance, if they exercise 1 other gainful employment, which establishes compulsory insurance in health insurance, or 2. a pensions(Ruhegenuss)Leistung after this substantiated the compulsory health insurance or any other federal law or 3 one performance substantiated the compulsory insurance health insurance after the KBGG (childcare allowance) or" pursuant to section 26 AlVG (further training allowance) apply and no entitlement to a sick Pension Fund of their statutory professional representative. This also applies to recipients of a survivor's pension or a survivor's benefits."

10. in § 14 para 2 respectively the expression 'alters(Todes)versorgungsleistung"by the expression"Old-age, invalidity - or death benefits"replaced.

11. in paragraph 14 b of paragraph 3 "alters(Todes)versorgungsleistung" by the expression "Old-age, invalidity - or death benefits" and the expression "and they relate a pension due to other employment based health insurance of pensioners" expression ", and they refer in addition a pensions(Ruhegenuss)Leistung, who established the health insurance of the pensioners/indoor" replaced the. is the expression

12 § 14c para 1 is as follows:

"(1) the auto insurance begins 1 with the date the insured person selects; according to § 14a

2. in the case of § 14a para 3 following a compulsory insurance according to § 14A para. 1 No. 1 or no. 3;

3. in the case of § 14a para 4 following an auto insurance according to section 16 ASVG;

"4. in the case of section 14a paragraph 5 following a compulsory insurance according to § 14 para 2."

13 § 14c para 2 Nos. 1 and 2 are: "1. in the case of section 14a para 1 subpara 1 and par. 3 and 4 the last day of the calendar month in which the Chamber of Commerce membership ends; in the case of Article 14a, par. 3 and 4 with the last of the calendar month, in which / the insured of a sick Pension Fund of his or her statutory professional representative; joined

"2. in the case of section 14a para 1 No. 2, para. 2 and 5 with the removal of the pensions(Ruhegenuss)-old-age, invalidity - or death benefits;"

14 paragraph 14 d together with the heading:

"Beginning and end of compulsory insurance

section 14 d. (1) compulsory insurance begins 14 b according to § 1 in the case of § 14 b paragraph 1 Z 1 and 2 with the inclusion of employment;

2. in the case of § 14b para 1 subpara 2 and paragraph 3 with the attack of the pensions(Ruhegenuss)-or the old-age, invalidity - or death benefits;

3. in the case of § 14b paragraph 1 No. 3 at the beginning of the childcare allowance or the training money cover.

(2) the compulsory insurance ends 1 in the case of § 14 b paragraph 1 Z 1 and 2 with the task of employment which the compulsory insurance;

2. in the case of § 14A para 1 Nos. 2 and paragraph 3 with the removal of the pensions(Ruhegenuss)-old-age, invalidity - or death benefits;

3. in the case of § 14A para. 1 No. 3 with the Elimination of the power which the compulsory insurance in the health insurance."


15. in the section 14e Z 2 the expression 'alters(Todes)versorgungsleistung"by the expression"Old-age, invalidity - or death benefits"replaced.

16. in the section 14e Z 3 is the expression alters(Todes)versorgungsleistungen"by the expression"Old-age, invalidity - or death benefits"and the expression"alters(Todes)versorgungsleistung"by the expression"Old-age, invalidity - or death benefits"replaced.

17. in the section 14f para 1 No. 1, the expression "§ 14a para 1 No. 1 and 3" is replaced by the expression "§ 14a para 1 No. 1, par. 3 and 4".

18. in section 14f para 1 Z 2, the expression is "§ 14a para 1 No. 2 and 14 b para 2" by the expression "§ 14a para 1 No. 2, 14a para. 5 and 14 b para 2" replaced.

19. According to the § 14 g the following section is inserted 14 h including heading:

"Reference of a particular pension benefit

§ 14 h. A special pension benefit is considered the legal professional representative according to the § § 20 c, 20 d and 20e FSVG for the application of the provisions of sections 14a to 14 g benefits from a facility."

20 paragraph 31 paragraph 2:

"(2) the contribution is referred to in paragraph 1 to be set by the Statute. He may be a maximum of 100% of the contribution of the insured to the compulsory insurance on the basis of the provisional contribution basis (paragraph 25a). The provisional contribution basis is less than the amount of €1 088, so this amount to the application occurs instead of the provisional contribution basis. The amount multiplied taking on section 51 with the respective revaluation number (§ 47) starting with 1 January of each year, for the first time from January 1, 2013, takes the place of this amount. "The posts are so set, that the resulting contributions the current expenses of the supplementary insurance cover and also ensures the accumulation or maintaining a separate cash reserve in the amount of three times average month expense of supplementary insurance in the last two financial years."

21 § 78 para 1 No. 2 is: "2. the claims of illness, the incapacity for work due to sickness and maternity;"

22. in article 79 paragraph 1 the term "3a." receives the No. 3, is the No. 3 (new): "3. in case of insurance of incapacity for work due to illness: support performance in long-running disease (paragraph 104a);"

23 § 79 paragraph 2 replaces the expression "108" by the expression "107".

24. in article 80 the designation receives the Z 2 "3", is the No. 2 (new): "2. in the case of insurance of incapacity for work due to illness at the beginning of the incapacity for work caused by a disease within the meaning of no. 1;"

25 the following sentence is added to the section 82 para 5:

"This also applies to eligible according to Section 104a of the insurance case of incapacity for work due to illness."

26. in § 83 para 6, the point is at the end of the lit. (e) the expression "or" replaced by and following lit. f added: "f) a profession was a member, which according to § 5 ABS. 1 of the compulsory health insurance is taken out, and from a facility of in professional legal representation refers to an old-age, invalidity - or death benefits. Special pension benefits pursuant to the § considered section 20 c, 20 d and 20e FSVG supply services."

27 paragraph 83 paragraph 7:

"(7) an in para 2 and 4 as well as person referred to paragraph 8 and 8a does not apply as a member, when it exercises a gainful employment abroad that, she would be exercised domestically, in accordance with compulsory health insurance coverage justified this or any other federal law, or refers to a pension on the basis of this work; This also applies for employment with an international organization and the reference of a pension on the basis of this employment."

28 § 85a para 2 is as follows:

"(2) insured persons, for on the basis of total contractual and statutory provisions rather than the kind bare services according to article 85, paragraph 3, second sentence be granted, are, as far as the Statute so provides, entitled, on application for benefits in kind according to § 85 para 3 first sentence under retention of cash benefits pursuant to article 96 paragraph 2 to take advantage." Paragraph 1 applies to beginning and end of this permission fourth set according to."

28A. is section 102a, paragraph 5:

"(5) the daily maternity allowance pursuant to paragraph 3 is €50 and is in hindsight in the cases of paragraph 4 in the amount to pay in all other cases each after presentation of proof about the constant use of aid within the meaning of paragraph 3. This amount the amount multiplied taking on section 51 with the respective adjustment factor (§ 47) is replaced from 1 January of each year, for the first time from 1 January 2014,."

29. the 3rd subsection of chapter II of part two is replaced by following 3rd and 4th section:

"3. subsection

Support performance in long-running disease

Support performance in long-running disease

Section 104a. (1) 3 para assured 1 Z 2 as well as 14a pursuant to § 2 para 1 and 14B have in accordance with the following paragraphs for incapacity for work due to illness, if and as long as the insured person as a result of disease, not or only with risk can follow the deterioration of his condition or the condition of his previous employment, from the 43rd day of incapacity entitlement to a daily support amounting to €26.97. The amount multiplied taking on section 51 with the respective adjustment factor (§ 47) starting with 1 January of each year, for the first time from January 1, 2013, takes the place of this amount.

(2) entitlement to support those referred to in paragraph 1 self-employed workers, which depends on the maintenance of operation of their personal work performance and employing in their companies regularly no or less than 25 service employees, which have 1 is the number of service workers according to § 77a of the ArbeitnehmerInnenschutzgesetzes (after), Federal Law Gazette No. 450/1994, to determine 2 up to a maximum of 20 weeks for one and the same disease. , although during this time to the disease for which a support service was first granted a new disease to.

(3) the eligible policyholders have to report the beginning of clinicians identified disability insurance carrier after the expiration of four weeks from the finding of incapacity for work within two weeks. The message is not made within this period, the day following the receipt of the message as the first day of incapacity for work is one. The continued existence of the incapacity for work is to confirm fortnightly by the attending physician and to submit the insurance carrier within one week of confirmation. No separate notification is required when a message of Fort structure of incapacity for work pursuant to article 106, paragraph 2. Termination of incapacity for work is the insurance carrier must be notified immediately.

(4) are in para 2 Z 1 persons referred after the cover of a support performance before the expiry of the maximum period of 20 weeks again, within a period of 26 weeks, as a result of the disease, for which a support performance was already granted, unable to work, so this is a continuation and are these times to determine the maximum amount of time to be together.

(5) has been already for 20 weeks in succession or in total for one and the same disease a support performance related, a new claim for the same disease occurs only if there are at least 26 weeks a statutory health insurance contemplated the claim to support or an other statutory health insurance in the meantime.

(6) the main Association of Austrian social security institutions has the social security institution of for trade and industry the data for determining the size of the operation referred to in paragraph 2 Z 1 electronically to make.

Rest of the claim to support performance

§ 104 b. (1) the entitlement to support rests, as long as after Section 104a subsection 3 third sentence is failed to the reporting obligations.

(2) in cases where the personal circumstances of the insured person or the existence of special reasons for not timely reporting of disability appear justified to the statutes may provide support performance for not timely message for the previous period.

(3) by the articles of association can also determined that support performance indefinitely or for a certain time rests entirely or partially if the insured 1 a charge to the chef(Vertrauens)Arzt without good reason not due or 2 be repeated health regulations or orders of the attending physician has violated in all of these cases, if the insured person previously on the consequences of his behaviour in writing has been advised.

(4) the periods of suspension count toward the maximum duration under Section 104a subs. 2 No. 2.

4. subsection

Benefits of stock of a supplementary insurance to sick pay

Performance, eligibility

105. (1) when performance in stock of an additional insurance to sick pay (section 9) is sickness benefit after the following provisions provided.


(2) the entitlement to sick pay referred to in paragraph 1 arises after the expiration of six months from the start of supplementary insurance. The requirement to meet the waiting period shall not apply if is due to sickness as a result of a work accident, which occurred after the application for supplementary insurance. In determination of eligibility, an interruption of supplementary insurance for an exemption from the mandatory health insurance in the span of less than 12 months out of consideration has to stay. The entitlement to sick pay ends with the end of the supplementary insurance.

Sickness benefit

Section 106 (1) incapacity due to illness, if and as long as the insured person as a result of disease, not or only with risk can follow the deterioration of his condition or the condition of his previous employment, is due from the fourth day of incapacity for work on a daily sickness benefit.

(2) the eligible policyholders have to report the beginning of clinicians identified disability insurance carrier within one week after finding of incapacity for work. The continued existence of the incapacity for work is to confirm fortnightly by the attending physician and to submit the insurance carrier within a week. Termination of incapacity for work is the insurance carrier must be notified immediately.

(3) sickness benefit is up to the maximum period of 26 weeks for one and the same disease, even if a new disease is been added during this period for the disease, for which sickness benefit was first granted, to grant. On the maximum duration is the first three days of incapacity for work. Are qualifying health insurance after termination of sickness coating before the expiry of the maximum period again, but within a period of 26 weeks, as a result of the disease, for which sickness benefit is granted already, disabled, this deemed continuation and are these times to determine the maximum amount of time to be together.

(4) eligible policyholders who in a row total purchased or sickness benefit for 26 weeks for one and the same disease, only recover after a period of 26 weeks (calculated from the day of the level after para 3) for the same disease for which of those entitled to sickness benefit has passed, a new claim to the extent indicated in paragraph 3.

(5) which may statute in para 3 first sentence maximum duration on 52 weeks extend.

(6) the daily sickness benefit shall be fixed by the articles of Association and shall not exceed 80% of the provisional contribution basis (paragraph 25a), divided by 30. It deserves but at least in the amount of €26.97. The amount multiplied taking on section 51 with the respective adjustment factor (§ 47) starting with 1 January of each year, for the first time from January 1, 2013, takes the place of this amount.

Rest of the entitlement to sick pay

107. (1) the entitlement to sickness benefit rests, as long as is not fulfilled the reporting obligations pursuant to article 106, paragraph 2.

(2) in cases where the personal circumstances of the insured person or the existence of special reasons for not timely reporting of disability appear justified to the Statute may provide benefits not timely report for the previous period.

(3) by the articles of association can also determined that benefits indefinitely or for a certain time rests entirely or in part, if the insured 1 a charge to the chef(Vertrauens)Arzt without good reason do not result or 2 be repeated health regulations or orders of the attending physician has violated in all of these cases, if the insured person previously on the consequences of his behaviour in writing has been advised.

(4) periods of suspension are applied on the maximum duration according to § 106."

30. after article 182a, the following section 182 is inserted b together with heading:

"Determination of expenses compensation for support services according to Section 104a

§ 182 b. To determine of the overhead compensation according to § 319 after Section 104a, b ASVG for support services has the insurance carrier to provide a calculation circle and a documentary by individual cases. The insurer has also quarterly to submit a statement of the development of sick-leave days, causes of disease and performance payments (case management) the General accident insurance institution for the first time at the reporting date of March 31, 2013. The documents is the General accident insurance institution on request grant."

31. under section 347, 348 the following section including headline is attached:

"Final provisions to article 2 of the Federal Act Federal Law Gazette I no. 123/2012 (41st story)"

348. (1) the § 9 para 1 and 3, 14a paragraph 1 Z 2, para 2-5, 14 b, paragraphs 1 to 3, 14 c para 1, para 2 No. 1 and no. 2, 14 d including heading, 14e, Nos. 2 and 3, 14f para 1 Nos. 1 and 2, 14 h including heading, 31 para of 2, 78 para 1 Z 2, 79 para 1 No. 3 and 3a, and 2 , 80 Z 2 and 3, 82 para 5, 83 para 6 and 7, 85a para 2, 102a para 5, 3rd and 4th sub-section of section II of the second part as well as § 182 b as amended by Federal Law Gazette I no. 123/2012 apply with 1 January 2013.

(2) § 4 par. 2 Nos. 1, 4 and 5 occurs at the end of 31 December 2012 override.

(3) on insured persons whose insurance is upright GSVG pursuant to § 9 to the entry into force of this federal law, the previous legal situation is continue to apply until 31 December 2013. This can explain but irrevocably, to apply the new legislation as of the first month following the Declaration. No such declaration is carried out until 31 December 2013 the new legal situation applies from 1 January 2014. Then the services has begun an incapacity for work due to illness before the transfer or the transfer to the new legal situation, are up to the entrance of the ability to work or the previous entry of the maximum sickness cover under the old law to assess. According to article 105 par. 2 in force on December 31, 2012, the wait is that in the version of Federal Law Gazette I to account no. 123/2012.

(4) Regulations because of the Federal Act Federal Law Gazette I no. 123/2012 can retroactively with 1 January 2013 enter into force."

Article 3

Amendment to the farmers Social Insurance Act (41. 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 § 42 para 2, the expression "plus the fee of the association according to § 31 para 4" is no. 2.

2. in the section 78 para 6, the point is at the end of the lit. (e) the expression "or" replaced by and following lit. f added: "f) a profession was a member, which according to § 5 ABS. 1 of the compulsory health insurance is taken out, and from a facility of in professional legal representation refers to an old-age, invalidity - or death benefits. Special pension benefits pursuant to the § considered section 20 c, 20 d and 20e FSVG supply services."

3. paragraph 78 paragraph 8:

"(8) an in paragraph 2 and paragraph 4 as well as person named para 6a, 6B and 7 is not considered a member, when in foreign exercises a gainful employment that, would be carried out in the domestic, in accordance with this or another federal law established the compulsory health insurance or a pension on the basis of this work relates; This also applies for employment with an international organization and the reference of a pension on the basis of this employment."

4. in the section 95 paragraph 4, the last sentence is replaced by the following records:

"Dental outpatient of the insurance carrier services, which are not the subject of the overall contract or articles of association or, as well as measures for the prevention of diseases of the teeth, mouth and jaw including the associated tissue provided, charges of the insured are so provided. These posts are to be set to break even and to publish on the website of the insurance carrier, as well as by posting them in the dental clinic of the insurance carrier."

5. According to article 95, paragraph 4, the following paragraph 4a is inserted:

"(4a) the health insurance carrier may in the dental outpatient services no cosmetic luxury, as no extensive fixed restorations constructions in the field of fixed dental prosthesis, as total work due to their size unusual pose a risk that."

5a. Article 98, paragraph 5 is as follows:

"(5) the daily maternity allowance pursuant to paragraph 3 is €50 and is in hindsight in the cases of paragraph 4 in the amount to pay in all other cases each after presentation of proof about the constant use of aid within the meaning of paragraph 3. This amount the amount multiplied in accordance with § 47 with the respective adjustment factor (§ 45) shall be replaced as of 1 January of each year, for the first time from 1 January 2014,."

6 § 148c para 2 subpara 2 is: "2. a way of (a) insured persons to the or by the operation or training school (No. 1) with the purpose of a child to a child care facility, to day care, to bring in foreign custody or to a school or to pick up from there, provided for the child a duty of supervision comes to him or her."


7. (determination of principle of) In section 148p, subsection 4 is the phrase "as amended by 1929" by the expression "BGBl. No. 1 / 1930" replaced.

8 paragraph 11 deleted § 265.

9. after section 339, 340 the following section including headline is attached:

"Final provisions article 3 of the Federal Act Federal Law Gazette I no. 123/2012 (41st story)"

340. (1) the articles 78, par. 6 and 8, 95 para. 4 and 4a, 98 para 5, 148 c para 2 subpara 2 and 148p paragraph 4 as amended by Federal Law Gazette I no. 123/2012 with 1 January 2013 into force.

(2) § 42 para. 2 No. 2 in the version of Federal Law Gazette I no. 123/2012 effective retrospectively with January 1, 2011.

(3) section 265 para 11 occurs at the end of 30 June 2013 override.

(4) who suffers from (the) insured January 1, 2013, a disease which I no. 123/2012 as an occupational disease applies only because of the Federal Law Gazette, or he is (they) such disease died before January 1, 2013, so are him (them) or his (her) surviving the accident insurance to provide, when the insured event, occurred after December 31, 1955 the services are to provide, if the application is made until the expiry of the 31 December 2014 at the earliest from 1 January 2013 If the application is made after 31 December 2014, so the services fees at the earliest from the date of submission."

Article 4

Change of officers sick and accident insurance Act (40. 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 2, paragraph 1, the expression "health care institution of was of the city of Salzburg" is replaced by the expression "health care institution of municipal employees of the city of Salzburg" Z 2; the term "health care institution of civil servants of the State capital Bregenz," is omitted.

2. § 19 para 1 subpara 1 lit. is b: b) the household allowance and allowance and children allowance, 3. In the section 56 paragraph 9 is the point at the end of the lit. (e) the expression "or" replaced by and following lit. f added: "f) a profession was a member, which refers to according to § 5 para 1 from a facility of their statutory professional representative also of compulsory health insurance is taken out, and old-age, invalidity - or death benefits. Special pension benefits pursuant to the § considered section 20 c, 20 d and 20e FSVG supply services."

4. paragraph 56 section 10:

"(10) one in para 2 and person referred to paragraph 3 and paragraph 6 to 8 is not a national, if in foreign exercises a gainful employment that, in the domestic would be exercised, in accordance with compulsory health insurance coverage justified this or any other federal law, or refers to a pension on the basis of this work; This also applies for employment with an international organization and the reference of a pension on the basis of this employment."

5. paragraph 69 paragraph 3:

"(3) dental treatment and denture be granted, / choice dentistinnen of dentist of choice as benefits in kind by dentist/contract dentists or treaty group practices, choice dental/dentists of choice, or choice group practices, contract dentist/contract dentistinnen, specially for this purpose equipped facilities (dispensaries) the insurance company or contract facilities. § 63 para 2 first and second sentence shall apply mutatis mutandis. As far as treatment posts are intended for the services of the dental treatment and the restoration, these must be the same in the dental outpatient clinics of the insurance institution and freelance contract dentist/contract dentists and contract dentist/contract dentistinnen, and when the Treaty group practices. Dental outpatient of insurance services, which are not the subject of the overall contract or articles of association or, as well as measures for the prevention of diseases of the teeth, mouth and jaw including the associated tissue provided, charges of the insured are so provided. These posts are to be set to break even and to publish on the website of the insurance institution, as well as by posting them in the dental clinic of the insurance institution."

6. According to article 69, paragraph 3, the following paragraph 3a is inserted:

"(3a) which allowed insurance company in the in the area of fixed dental prosthesis services no cosmetic luxury, as no extensive fixed denture constructions dental outpatient clinics, which represent an exceptional risk as total work because of their size."

7 article 90 paragraph 2 Z 9 is: "9 on a road of one (a) insured persons to the service site (No. 1), with the purpose of a child to a child care facility, day care, in foreign custody or to a school to bring or to pick up from there, provided for the child a duty of supervision comes to him or her."

8 paragraph 105 paragraph 3:

"(3) the child support is also after the age of 18, but only on specific request, to grant or continue during train, if and as long as the child 1 located in a school or vocational training, which mainly claimed his labor at the most until the age of 27 years;" the child property of children attending an institution mentioned in §3 of the law on support for study in 1992, only then, if for them extends a) either to 1967 related family allowance under the equalisation Act or b) Although no family allowance is obtained, they however a neat study seriously and purposefully in the sense of § 2 para 1 lit. No. 311/1992 1967 operate equalisation Act in the version of Federal Law Gazette;

2. as a participant of the voluntary of social year, of the voluntary environmental protection year, memorial service or the peace and social service abroad after the voluntary act, Federal Law Gazette I no. 17/2012, is, at the most until the age of 27 years.

"3. Since the age of 18 years, or since the end of the z 1 or the period referred to in no. 2 as a result of disease or illness is an invalid."

9 paragraph 5 deleted § 190.

10. after section 231, 232 the following section including headline is attached:

"Final provisions to article 4 of the Federal Act Federal Law Gazette I no. 123/2012 (40th novel)"

232. (1) it take effect: 1 with 1 January 2013 the articles 56 paragraph 9 and 10, 69 para. 3 and 3a, as well as 90 para 2 Z 9 as amended by Federal Law Gazette I no. 123/2012;

2. retroactive with 1 September 2012 section 2 para 1 No. 2 in the version of Federal Law Gazette I no. 123/2012.

3. retroactive with June 1, 2012 article 105 par. 3 in the version of Federal Law Gazette I no. 123/2012.

4. retroactively with January 1st, 2012 § 19 para 1 subpara 1 lit. (b) in the version of Federal Law Gazette I no. 123/2012;

(2) section 190, para. 5 occurs at the end of 30 June 2013 override.

(3) who suffers from (the) insured January 1, 2013, a disease which I no. 123/2012 as an occupational disease applies only because of the Federal Law Gazette, or he is (they) such disease died before January 1, 2013, so are him (them) or his (her) surviving the accident insurance to provide, when the insured event, occurred after December 31, 1955 the services are to provide, if the application is made until the expiry of the 31 December 2014 at the earliest from 1 January 2013 If the application is made after 31 December 2014, so the services fees at the earliest from the date of submission."

Fischer

Faymann