Social Security Amendment Act 2012 - Sväg 2012

Original Language Title: Sozialversicherungs-Änderungsgesetz 2012 – SVÄG 2012

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123. Federal law amending the General Social Security Act, the Industrial Social Security Act, the Farmers-Social Insurance Act and the Official Health and Accident Insurance Act (Social Security Change Act) 2012-SVÄG 2012)

The National Council has decided:

Article 1

Amendment of the General Social Security Act (79). 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. § 5 para. 2, fourth indent reads:

"-

of a Karenz according to the maternity protection law 1979 (MSchG), BGBl. No. 221/1979, or the Väter-Karenzgesetz-VKG, BGBl. No. 651/1989 or for entitlement to weekly allowances. "

Section 31 (6) reads as follows:

"(6) The decisions taken by the Main Association and decisions taken within the framework of its legal sphere of action are binding on the insurance institutions that are combined in the main association."

3. The heading to § 31c is:

"Service remuneration"

(4) In § 31c (2), the first sentence of the term shall be: "from the eligible person" by the expression "from the insured person/insured person" , the following sentences shall be inserted after the first sentence:

" The amount of this amount shall be replaced by 1. Jänner of each year, first with 1. January 2013, the amount multiplied by the respective utilization number (§ 108a para. 1) under cover of § 108 (6). The multiplied amount is to round to five cents. "

5. In § 31c (2), the paint at the end of Z 8 is replaced by a point, which is deleted by Z 9.

6. In § 31c (3), the first sentence of the term shall be deleted. "for himself and his/her relatives" .

7. In § 53b (2) Z 3, the term " "with the dismissal of the maximum contribution basis (Section 108 (3))" by the expression "having regard to one and a half times the maximum contribution basis (§ 108 (3))" replaced.

8. § 53b (3) Z 2 reads:

" 2.

from the first day of payment for payment up to a maximum of six weeks per year of work (calendar year), provided that the incapacity for payment of the remuneration has lasted for more than three consecutive days, and "

9. In § 53b (3) Z 3, the term " "with the dismissal of the maximum contribution basis (Section 108 (3))" by the expression "having regard to one and a half times the maximum contribution basis (§ 108 (3))" replaced.

10. § 90a together with headline reads:

" Meeting of a right to a pension pension with entitlement to sickness benefit or support in the case of long-lasting illness according to § 104a GSVG

§ 90a. (1) If the receipt of sickness benefit or assistance in the case of long-lasting illness according to § 104a of the GSVG is accompanied by a right to a pension pension from the accident insurance, this shall be the case if the incapacity for work is due to the following: the occupational accident or occupational disease, the pension pension for the further duration of the receipt of sickness benefit or assistance with the amount of the sickness allowance or the assistance, shall be the reference to: The right to a pension entitlement and the time for which the right to be paid pursuant to section 138 (1) of the claim is to be paid Sickness benefit is not available, as well as a dorm entitlement to sickness benefit or support in respect of the receipt of the sickness allowance or to the benefit of the assistance.

(2) However, the rest referred to in paragraph 1 shall not apply to the extent that the pension is due directly to the incapacity of work. "

11. In § 123 (9), the point at the end of the lit. e) by the expression "or" replaced and the following lit. f is added:

" f)

a professional group which, in accordance with Article 5 (1), is also exempt from compulsory insurance in sickness insurance, and an age, occupational disability or death pension from an institution of their statutory occupational health insurance Representation. Special pension benefits in accordance with § § 20c, 20d and 20e FSVG shall be considered as pension benefits. "

12. § 123 (10) reads:

" (10) A person referred to in paragraphs 2 and 4 and (7), (7a), (7b) and (8) shall not be deemed to be a member of the national territory if he pursues an activity abroad which, if he/she would be exercised domestiy, shall be subject to the provisions of this or another federal law. the insurance obligation in the sickness insurance scheme, or a pension on the basis of this activity; this applies accordingly to an employment in an international organisation and to the receipt of a pension on the basis of this Employment. "

13. In § 139 (1) the expression "§ 122 (2) (2) to (4)" by the expression "§ 122 (2) (2) and (3)" replaced.

14. § 153 (3) reads:

" (3) Dental treatment and dentures shall be treated as benefits in kind by contract dentists or contract dentists, elective dentists or elective group practices (§ 131 para. 1), contract dentists/contract dentists, Election dentists (§ 131 (1)), in specially equipped facilities (amulatories) of the insurance institutions or in contract institutions. Section 135 (2), first sentence and second sentence shall apply accordingly. In so far as payments are provided for the benefits of dental treatment and the replacement of the dentures, they must be paid in the dental laboratories of the insurance institutions and the contract dentists and the contract dentists who are employed in the liberal professions, and Contract dentist/contract dentists as well as the contract group practices are the same. In the case of the payment of benefits, which are not covered by the general contract or the articles of association, and measures for the prevention of diseases of the teeth, the mouth and the jaws, including those which are not covered by the the associated tissues shall be provided for the costs of the insured persons. These contributions shall be fixed in a cost-covering manner and shall be published on the website of the insurance carrier as well as on the basis of a notice in the payroll bullboard of the insurance carrier. "

15. According to Section 153 (3), the following paragraph 3a is inserted:

" (3a) The health insurance institutions shall not be allowed to provide cosmetic luxury services in the dental prostheses in the area of the fixed-seat dental prosthesis, nor shall it be possible to provide comprehensive fixed dental prostheses which, as a whole, are to be carried out on account of their Size is an exceptional risk. "

Section 175 (2) Z 10 reads as follows:

" 10.

on a path of one (a) insured person to or from the workplace or training centre (Z 1) with the purpose of bringing a child to a child care facility, day care, foreign care or school or to pick up from there, provided that he/she has a duty of supervision for the child. "

17. In § 176 (1) Z 2, the expression "if there is no special legal obligation on these services;" by the expression "if the accident has not been caused intentionally by the rescuer and if there is no right to benefit from any other provisions relating to accident insurance or accident insurance;" replaced.

18. In § 195 (6), after the expression "Receipt of sickness benefit from statutory health insurance" the expression "or a support performance for long-lasting illness according to § 104a GSVG" inserted.

19. In § 204, paragraph 1, after the expression "Health insurance" the expression "according to this federal law" inserted.

20. According to § 319a, the following § 319b with headline is inserted:

" Replacement of the social security institution of the commercial economy

§ 319b. (1) The General Accident Insurance Institution (Allgemeine Unfallversicherungsanstalt) has to replace the social security institution of the commercial economy with the cost of providing support in accordance with § 104a GSVG to the maximum amount of 19 million euros per year. The amount of this amount shall be replaced by 1. Jänner of each year, for the first time from 1. January 2014, the amount multiplied by the respective utilization number (§ 108a) in accordance with § 108 (6).

(2) Regressive measures, as well as the undue benefits of the social security institution of the industrial economy, as well as the administrative costs of the General Accident Insurance Institution, are to be calculated on the basis of the replacement performance.

(3) The rate of immigrant movement shall be effected quarterly in each case up to the end of the following month following appropriate accounting in accordance with § 182b of the GSVG. "

21. § 343c with headline reads:

" General contract for indicative rates for the fixed-seat denture

§ 343c. (1) Between the main association and the Austrian Dentists ' Chamber, an overall contract is to be concluded which sets out the indicative tariffs which the insured persons of contract dentists/contract dentists (contract dentists/contract dentists, contract-group practices) may be charged for the performance of the fixed-seat payment.

(2) The indicative tariffs laid down in accordance with paragraph 1 shall be binding on all freelance dentists and Dentists/Dentists/Dentists or contract group practices in a contractual relationship. "

Section 575 (16a) is deleted.

23. In the No 20 of Appendix 1, the expression: "Diseases" by the expression "Vibration-related circulatory disorders on the hands and other diseases" replaced.

24. In the No 22 of Appendix 1, the expression: "Pressure lähmungen der Nerven" by the expression "Pressure damage of the nerves" replaced.

25. In the No 23 of Appendix 1, the expression: "Chronic diseases of the mucous pouches of the knees or elbow joints due to constant pressure or continuous shock" by the expression "Chronic diseases of the mucous pouches, the tendon sheaths and the optic nerve tissue as well as the tendons and muscle attachments due to constant pressure or continuous shock" replaced.

26. In paragraph 26 of Appendix 1, the following lit. c is added:

" (c)

Malignant neoplasms of the lungs due to the effect of crystalline silica in silicosis "

27. In paragraph 30 of Appendix 1, after the expression: "Asthma bronchial" the parenthesis expression "(including rhinopathy)" inserted.

28. In accordance with § 670, the following § 671 shall be added together with the heading:

" Final provisions on Art. 1 of the Federal Law BGBl. I No 123/2012 (79). Novelle)

§ 671. (1) It shall enter into force:

1.

with 1. § § 5 (2), the title of § 31c, 31c (2) and (3), 53b (2) (3), (3) (3) and (3), (90a) and the title, 123 (9) and (10), 153 (3) and (3a), 175 (2), (2), (2), (2), (1), (1), (2), (6), (204) (1), (3) 19b, and the title, 343c together with the title as well as the No. 20, 22, 23, 26 and 30 of Appendix 1 in the version of the Federal Law BGBl. I No 123/2012;

2.

Retroactive with 1. Jänner 2011 § 139 para. 1 in the version of the Federal Law BGBl. I No 123/2012;

3.

Retroactive with 1. Jänner 2004 § 31 paragraph 6 in the version of the Federal Law BGBl. I No 123/2012.

(2) § 575 (16a) shall expire on the expiry of 30 June 2013.

(3) The insured person (s) shall be responsible for the Jänner 2013 on a disease, which is only due to the Federal Law BGBl. I n ° 123/2012 is regarded as an occupational disease, or is (it) before the 1. In 2013, if the insurance case occurred after 31 December 1955, the benefits of the accident insurance are to be provided to him (her) or to his (her) survivors, if the insurance case has occurred after 31 December 1955. not earlier than 1. January 2013, if the application is filed until 31 December 2014; if the application is filed after 31 December 2014, the benefits will be charged at the earliest from the date of application.

(4) The social security institution of the commercial economy, together with the General Accident Insurance Institution (Allgemeine Unfallversicherungsanstalt) as of 31 March 2016, has, in the transferred sphere of action of the institutions, bound by the instructions of the Federal Minister for Health, a Evaluation of the expenses incurred by the introduction of support services for long-lasting illness according to § 104a to 31 December 2015. The evaluation report shall be submitted to the Federal Ministry of Health.

(5) Regulations on the basis of the Federal Law BGBl. I No 123/2012 can be retroactive with 1. January 2013 will enter into force. "

Article 2

Amendment of the Industrial Social Insurance Act (41. 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. § 4 para. 2 Z 1 is deleted.

2. § 4 (4) and (5) deleted.

Section 9 (1) reads as follows:

" (1) insured persons in accordance with § 2 (1), § 3 (1) Z 2 and § § 14a and 14b can be insured up to the completion of the 60. End of life year for your person with additional insurance on sickness benefit. "

4. § 9 (3) reads:

" (3) The supplementary insurance shall end except with the omission of the conditions,

1.

with the end of the calendar month in which the insured person declared his withdrawal,

2.

by exclusion in accordance with § 11,

in all cases, however, at the latest with the withdrawal from the compulsory insurance in accordance with § 7 (1) Z 1 to 3 and 7, para. 4 and 5, as well as § 14c (2) and § 14d (2). "

5. In § 14a (1) Z 2, the expression "Age (Death) Supply Performance" by the expression "Age, occupational incapacity or death" replaced.

6. In § 14a (2), the expression "Age (Death) Supply Performance" by the expression "Age, occupational incapacity or death" replaced.

Section 14a (3) reads as follows:

" (3) Persons who were insured pursuant to Section 14b (1) (1) (1) or (3) of the German Social Security Council (Z) 3 are now still engaged in an employment which, on the basis of an application by their legal professional representation pursuant to § 5 of the compulsory insurance scheme, they are still engaged in the exercise of their professional Health insurance is excluded, and the professional insurance in the health insurance has given up gainful employment or in respect of which the compulsory insurance in the health insurance company has dropped out of the insurance cover is self-insured in health insurance, if and as long as they are not have joined a health care facility of their legal professional representation. "

(8) The following paragraphs 4 and 5 are added to § 14a:

" (4) Persons who were self-insured under Section 16 of the ASVG and continue to work, in the exercise of which they are exercising their statutory professional representation in accordance with § 5 of the compulsory insurance in the health insurance scheme , are self-insured in the health insurance if and as long as they have not joined a health insurance institution of their legal professional representation.

(5) Persons who, on the basis of an application by their legal professional representation pursuant to § 5, were exempted from compulsory insurance in the health insurance scheme and who are not covered by compulsory insurance on the basis of a self-employed activity pension based on this federal law, the FSVG or the NVG in 1972 and/or an old-age, occupational disability or death pension from a body of their legal professional representation and who are responsible for the health insurance Employment, which is the compulsory insurance in the Health insurance pursuant to section 14b (2) has given up, have given up, are self-insured in the health insurance if and as long as they have not joined a health care facility of their legal professional representation. "

9. § 14b (1) reads:

" (1) Persons who are exempt from compulsory insurance in sickness insurance on the basis of an application by their legal professional representation pursuant to § 5 are then subject to their professional activity in the Health insurance of compulsory insurance if it is

1.

another gainful activity which establishes compulsory insurance in the health insurance scheme, or

2.

a pension (pension) which is based on compulsory insurance in the sickness insurance scheme or another federal law or a federal law or

3.

A performance based on the KBGG (child care allowance) or according to § 26 AlVG (continuing education allowance), which is based on compulsory insurance in the health insurance

and there is no entitlement to benefit from a health care facility of their legal professional representation. This also applies to recipients of a survivor's pension or a survivor's pension. a survivor's supply. "

10. In § 14b (2), the term " "Age (Death) Supply Performance" by the expression "Age, occupational incapacity or death" replaced.

11. In § 14b (3), the expression "Age (Death) Supply Performance" by the expression "Age, occupational incapacity or death" and the expression "and they refer to a pension on the basis of another gainful activity, which establishes the health insurance of the pensioners" by the expression "and they also receive a pension (retirement benefit), which establishes the health insurance of the pensioners" replaced.

12. § 14c (1) reads:

" (1) The self-insurance according to § 14a begins

1.

with the date the insured person chooses;

2.

in the case of section 14a (3) following a compulsory insurance pursuant to § 14b Abs. 1 Z 1 or Z 3;

3.

in the case of section 14a (4) following a self-insurance scheme in accordance with § 16 ASVG;

4.

in the case of section 14a (5) following a compulsory insurance pursuant to section 14b (2). "

13. § 14c (2) (2) (1) and (2) are:

" 1.

in the case of section 14a (1) (1) and (3) and (4), the last of the calendar month in which the chamber membership ends; in the case of section 14a (3) and (4), also with the last of the calendar month in which the insured person (s) of a the health care facility of his/her legal professional representation has joined;

2.

in the case of section 14a (1) (2), (2) and (5), with the abolition of the pension (pensions)-or the age, disability or death rate; "

14. § 14d together with the headline is:

" Start and end of compulsory insurance

§ 14d. (1) The compulsory insurance according to § 14b begins

1.

in the case of Section 14b (1) (1) (2) and (2), the inclusion of employment;

2.

in the case of Section 14b (1) (2) and (3), the seizance of pension (pension)-or the age, disability or death-service;

3.

in the case of Section 14b (1) (3), with the beginning of the child-care allowance, of the training allowance.

(2) The compulsory insurance ends

1.

in the case of section 14b (1) (1) (2) and (2), the task of the employment which is based on compulsory insurance;

2.

in the case of section 14b (1) (2) and (3), with the abolition of the pension (pension)-or the age, occupational disability or death rate;

3.

in the case of section 14b (1) (3), with the omission of the service which is based on compulsory insurance in the health insurance scheme. "

15. In § 14e Z 2, the expression "Age (Death) Supply Performance" by the expression "Age, occupational incapacity or death" replaced.

16. In § 14e Z 3, the expression "Age (death) benefits" by the expression "Old age, occupational disability or death services" and the expression "Age (Death) Supply Performance" by the expression "Age, occupational incapacity or death" replaced.

17. In § 14f paragraph 1 Z 1, the expression "§ § 14a (1) (1) and (3)" by the expression "§ § 14a (1) Z 1, para. 3 and 4" replaced.

18. In § 14f paragraph 1 Z 2, the expression "§ § 14a (1) (2) and 14b (2)" by the expression "§ § 14a (1) Z 2, 14a (5) and 14b (2)" replaced.

19. According to § 14g, the following § 14h with headline is inserted:

" Reference to a special pension benefit

§ 14h. A special pension benefit in accordance with § § 20c, 20d or 20e FSVG shall apply to the application of the provisions of § § 14a to 14g as a service benefit from an establishment of the legal professional representation. "

20. § 31 (2) reads:

" (2) The contribution referred to in paragraph 1 shall be determined by the statutes. It may not exceed 100% of the contribution of insured persons to compulsory insurance on the basis of the provisional basis of contributions (§ 25a). If the provisional contribution basis is less than EUR 1 088, this amount shall be used instead of the provisional contribution basis. The amount of this 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 (§ 47) on the basis of § 51. The contributions shall be determined in such a way that the resulting amount of contributions is covered by the running costs of the supplementary insurance and, furthermore, the collection and/or the additional insurance cover. the maintenance of a separate cash reserve shall be ensured in the amount of three times the average monthly expenditure of supplementary insurance for the last two financial years. "

21. § 78 (1) Z 2 reads:

" 2.

for the insurance cases of the disease, the incapacity to work as a result of illness and maternity; "

22. In § 79 (1), Z 3 is given the name "3a." , the Z 3 (new) is:

" 3.

from the insurance case of incapacity for work as a result of illness: assistance in the case of long-lasting illness (§ 104a); "

23. In § 79 (2), the expression "108" by the expression "107" replaced.

24. In § 80, Z 2 is given the name "3." , the Z 2 (new) is:

" 2.

in the event of an incapacity to work as a result of illness, with the onset of the incapacity for work brought about by a disease within the meaning of Z 1; "

25. The following sentence shall be added to Article 82 (5):

"This also applies to beneficiaries in accordance with § 104a from the insurance case of the incapacity for work due to illness."

26. In § 83 (6), the point at the end of the lit. e) by the expression "or" replaced and the following lit. f is added:

" f)

a professional group which, in accordance with Article 5 (1), is also exempt from compulsory insurance in sickness insurance, and an age, occupational disability or death pension from an institution of their statutory occupational health insurance Representation. Special pension benefits in accordance with § § 20c, 20d and 20e FSVG shall be considered as pension benefits. "

27. § 83 (7) reads:

" (7) A person referred to in paragraphs 2 and 4 and (8) and (8a) shall not be deemed to be a national if he pursues an activity abroad which, if he/she would be exercised domestiy, shall be subject to the provisions of this or another federal law. Insurance obligation in the sickness insurance scheme, or a pension based on this activity; this applies accordingly to an employment in an international organisation and to the receipt of a pension on the basis of this Employment. "

Article 85a (2) reads as follows:

" (2) insured persons for which benefits in lieu of benefits in kind are granted pursuant to § 85 (3) second sentence on the basis of general contractual and statutory provisions shall be entitled, insofar as the articles of association so provide, to receive benefits in kind. pursuant to Section 85 (3) of the first sentence, while retaining the cash benefits in accordance with Section 96 (2). For the beginning and end of this entitlement, the fourth sentence shall apply accordingly. "

(28a) § 102a (5) reads:

" (5) The daily allowance according to paragraph 3 is 50 € and in the cases of paragraph 4 is to be paid out in an amount later, in all other cases on presentation of proof of the permanent use of the aid within the meaning of paragraph 3. The amount of this amount shall be replaced by 1. Jänner of each year, for the first time from 1. January 2014, the amount multiplied by the respective adjustment factor (§ 47) in the case of § 51. "

29. The 3. Subsection of Part II of Part II shall be replaced by the following 3. and 4. Subsection replaced:

" 3. Subsection

Support for long-lasting illness

Support for long-lasting illness

§ 104a. (1) insured persons in accordance with § § 2 (1), 3 (1) Z 2 and 14a and 14b shall have incapacity to work as a result of illness in accordance with the following paragraphs in the event of illness, if and as long as the insured person does not, or only with the risk of deterioration, as a result of illness. State or illness of his previous work can be followed, from the 43. The day of incapacity for work is entitled to a daily allowance of € 26.97. The amount of this amount shall be replaced by 1. Jänner of each year, for the first time from 1. January 2013, the amount multiplied by the respective adjustment factor (§ 47) on the basis of § 51.

(2) shall be entitled to benefit

1.

the self-employed persons referred to in paragraph 1 in which the maintenance of their business depends on their personal work performance and which regularly employ no or fewer than 25 employees in their undertaking, where: the number of employees according to § 77a of the Employees ' Protection Act (ASchG), Federal Law Gazette (BGBl). No 450/1994,

2.

up to a maximum of 20 weeks for the same disease, even if during that period a new disease has been added to the disease for which a support benefit was first granted.

(3) The insured persons entitled to claim have to report to the insurance institution within a period of four weeks from the date on which the incapacity for work has been ascertained, the beginning of the incapacity for work to be found on the medical side within two weeks. If the notification is not carried out within these time limits, the day following the notification shall be counted as the first day of incapacity for work. The continuing incapacity for work must be confirmed by the attending physician for fourteen days and must be submitted to the insurance institution within one week from the date of confirmation. In case of a notification of the continued existence of the incapacity to work according to § 106 (2), no separate notification is required. The end of the incapacity for work shall be notified immediately to the insurance institution.

(4) The persons referred to in paragraph 2 (1) (1) shall, after the end of the payment of assistance, be renewed before the end of the maximum period of 20 weeks, within a period of 26 weeks, as a result of the illness, for which the person already has a In the event of an incapacity to work, this shall be regarded as a continuation and these periods shall be combined to establish the maximum duration.

(5) A new claim for the same disease shall be renewed for a period of 20 weeks in a row or in total for one and the same disease only if, in the meantime, at least 26 weeks of the same disease have been received. A statutory health insurance or other statutory health insurance shall be available for the benefit of the support.

(6) The main association of the Austrian social insurance institutions has to provide the social security institution of the commercial economy with the data for the determination of the operating size according to paragraph 2 Z 1 electronically.

Rest of the claim to support performance

§ 104b. (1) The claim for assistance shall be based as long as the reporting obligations pursuant to Section 104a (3) third sentence are not complied with.

(2) In cases where the personal circumstances of the insured person or the existence of special reasons for the non-timely reporting of the incapacity to work appear justified, the statutes may provide assistance in the case of: provide for non-timely reporting also for the time covered.

(3) The Statutes may also determine that the assistance shall be fully or partially dornable in the long term or for a specified period, if the insured person is

1.

a charge to the Chief (Trust) doctor does not result in an important reason, or

2.

has repeatedly infringed provisions of the medical order or arrangements of the treating physician;

in all such cases, where the insured person has previously been informed of the consequences of his conduct in writing.

(4) periods of fame shall be credited to the maximum period in accordance with § 104a (2) (2) (2).

4. Subsection

Benefits in the case of an additional insurance cover for sickness benefit

Performance, eligibility

§ 105. (1) In the event of an additional insurance for sickness benefit (§ 9), sickness benefit shall be provided in accordance with the following provisions.

(2) The entitlement to sickness benefit pursuant to paragraph 1 shall be established after six months from the beginning of the supplementary insurance. The requirement to meet the waiting period shall be waited if sickness benefit is due as a result of a work accident which occurred after the application for supplementary insurance. In the event of eligibility, an interruption of supplementary insurance shall be disregarded in the period of less than 12 months because of an exemption from compulsory insurance in the sickness insurance scheme. Entitlement to sickness benefit ends with the end of the supplementary insurance.

Sickness benefit

§ 106. (1) In the event of an incapacity to work as a result of illness, if and as long as the insured person is unable to pursue his or her work to date due to illness or only with the risk of the deterioration of his condition or the illness, the fourth Day of incapacity for work on a daily sickness allowance.

(2) The insured persons entitled to claim have to report to the insurance institution within one week from the determination of incapacity for work the beginning of the incapacity for work to be found on the doctor's side. The continuing incapacity for work must be confirmed by the treating physician fourteen-day and must be submitted to the insurance institution within one week. The end of the incapacity for work shall be notified immediately to the insurance institution.

(3) sickness benefit is up to the maximum duration of 26 weeks for the same disease, even if during this period, a new disease has been added to the disease for which sickness benefit has first been granted. The maximum duration shall be the first three days of incapacity for work. If eligible insured persons are re-incapaciated after the end of the allowance before the end of the maximum period, within a period of 26 weeks, as a result of the illness for which sickness benefit has already been granted, the following shall apply: this is to be considered as a continuation and these periods are to be combined to establish the maximum duration.

(4) Eligible insured persons who have already received sickness benefit for 26 weeks in a row or in total for one and the same disease shall not be returned until the end of 26 weeks (counting from the day of the tax after paragraph 3) for: the same disease for which the lost claim for sickness benefit has passed, a new claim in the extent referred to in paragraph 3.

(5) The Articles of Association may extend the maximum period provided for in paragraph 3 of the first sentence to 52 weeks.

(6) The daily allowance shall be fixed by the statutes and shall not exceed 80% of the provisional basis of contribution (§ 25a), divided by 30. However, it is due at least to € 26.97. This amount will be replaced by 1. Jänner of each year, for the first time from 1. January 2013, the amount multiplied by the respective adjustment factor (§ 47) on the basis of § 51.

Rest of the claim for sickness benefit

§ 107. (1) The right to sickness benefit rests as long as the reporting obligations under section 106 (2) are not complied with.

(2) In cases where the personal circumstances of the insured person or the existence of special reasons for the non-timely reporting of the incapacity for work make it appear justified, the statutes may not be the subject of sickness benefit. timely notification also for the period covered by the report.

(3) The Statutes may also provide that the sickness benefit shall be wholly or partially resting on the duration of or for a certain period of time when the insured person is insured

1.

a charge to the Chief (Trust) doctor does not result in an important reason, or

2.

has repeatedly infringed provisions of the medical order or arrangements of the treating physician;

in all such cases, where the insured person has previously been informed of the consequences of his conduct in writing.

(4) periods of fame shall be credited to the maximum period in accordance with § 106. "

30. In accordance with § 182a the following § 182b with title is inserted:

" Determination of the rate of migration for support services according to § 104a

§ 182b. In order to determine the rate of migration in accordance with § 319b of the ASVG for support services in accordance with § 104a, the insurance institution has to provide its own account and a documentation which has been broken down by individual cases. In addition, the insurance institution has a quarterly, for the first time on the cut-off date of 31 March 2013, the General Accident Insurance Institution (General Accident Insurance Institution) a statement on the development of sick leave, causes of illness and benefit payments (case management) shall be transmitted. The General Accident Insurance Institution shall be granted access to the documents upon request. "

31. In accordance with § 347, the following § 348 shall be added together with the heading:

" Final provisions on Art. 2 of the Federal Law BGBl. I No 123/2012 (41. Novelle)

§ 348. (1) § § 9 (1) and (3), 14a (1) (2), (2) to (5), (1) to (3), 14c (1), (2) and (2), (2) and (3), 14f (1), (1) and (2), 14h (1), (2), (2), (2), (1), (2), (1), (2), (2), (1), (2), (2), (2), (2) and (3) and (2 and 3, 82 (5), 83 (6) and (7), 85a (2), 102a (5), of the 3. and 4. Subsection of section II of the second part as well as § 182b in the version of the Federal Law BGBl. I No 123/2012 will be 1. Jänner 2013 in force.

(2) § 4 (2) (1), (4) and (5) shall expire at the end of 31 December 2012.

(3) On insured persons whose supplementary insurance is maintained pursuant to § 9 GSVG for the entry into force of this Federal Act, the current legal situation shall continue to apply until 31 December 2013. These may, however, irrevocably declare that the new legal situation shall be applied from the month following the declaration. If no such declaration is made until 31 December 2013, the following shall be taken from 1. Jänner 2014 to apply the new legal situation. If an incapacity for work has begun as a result of illness before the transfer or transfer to the new legal situation, the benefits are to be found up to the entry of the working capacity or the prior entry of the maximum period of sickness benefit after the Altrecht is to be assessed. The waiting period in accordance with § 105 (2) in the version in force on 31 December 2012 is to those in the version of the Federal Law BGBl. I No 123/2012.

(4) Regulations on the basis of the Federal Law BGBl. I No 123/2012 can be retroactive with 1. January 2013 will enter into force. "

Article 3

Amendment of the Farmers ' Social Insurance Act (41). 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 § 42 (2) (2) (2), the term " "plus the contribution of the federal government pursuant to section 31 (4)" .

2. In § 78, paragraph 6, the point at the end of the lit. e) by the expression "or" replaced and the following lit. f is added:

" f)

a professional group which, in accordance with Article 5 (1), is also exempt from compulsory insurance in sickness insurance, and an age, occupational disability or death pension from an institution of their statutory occupational health insurance Representation. Special pension benefits in accordance with § § 20c, 20d and 20e FSVG shall be considered as pension benefits. "

Section 78 (8) reads as follows:

" (8) A person referred to in subsection (2) and (4) and (6a), (6b) and (7) shall not be deemed to be a member of the national territory if he pursues an activity abroad which, if he/she would be exercised domestiy, shall be subject to the provisions of this or another federal law. the insurance obligation in the sickness insurance scheme, or a pension on the basis of this activity; this applies accordingly to an employment in an international organisation and to the receipt of a pension on the basis of this Employment. "

4. In § 95 (4), the last sentence is replaced by the following sentences:

" shall be carried out in the payment of payment by the insurance carrier, which are not the subject of the general contract or the statutes, as well as measures for the prevention of diseases of the teeth, the mouth and the jaws, including the the associated tissues shall be provided for the costs of the insured persons. These contributions shall be fixed in a cost-covering manner and shall be published on the website of the insurance carrier as well as on the basis of a notice in the payroll bullboard of the insurance carrier. "

5. In accordance with Article 95 (4), the following paragraph 4a is inserted:

" (4a) The health insurance institution shall not be allowed to provide cosmetic luxury services in the dental prostheses in the area of the fixed-seat dental prosthesis, nor shall it provide for extensive fixed dental prostheses which, as a whole, shall be considered as a whole because of its Size is an exceptional risk. "

5a. § 98 (5) reads:

" (5) The daily allowance according to paragraph 3 is 50 € and in the cases of paragraph 4 is to be paid out in an amount later, in all other cases on presentation of proof of the permanent use of the aid within the meaning of paragraph 3. The amount of this amount shall be replaced by 1. Jänner of each year, for the first time from 1. January 2014, the amount multiplied by the respective adjustment factor (§ 45) in accordance with § 47. "

6. § 148c para. 2 Z 2 reads:

" 2.

on a path of one (one) insured person to or from the establishment or training centre (Z 1) with the purpose of bringing a child to a child care facility, day care, foreign care or school or to pick up from there, provided that he/she has a duty of supervision for the child. "

7. (Determination of the principles) In § 148p (4), the phrase "in the version of 1929" by the expression " BGBl. No. 1/1930 " replaced.

8. Section 265 (11) is deleted.

9. In accordance with § 339, the following § 340 together with the title is added:

" Final provisions on Art. 3 of the Federal Law BGBl. I No 123/2012 (41. Novelle)

§ 340. (1) § § 78 (6) and (8), 95 (4) and (4a), 98 (5), 148c (2) (2) and 148p (4), as amended by the Federal Law BGBl (Federal Law Gazette). I No 123/2012 will be 1. Jänner 2013 in force.

(2) § 42 (2) (2) (2) in the version of the Federal Law BGBl. I No 123/2012 is retroactive with 1. Jänner 2011 in force.

(3) Section 265 (11) shall expire on the expiry of 30 June 2013.

(4) The insured person (s) shall be responsible for the Jänner 2013 on a disease, which is only due to the Federal Law BGBl. I n ° 123/2012 is regarded as an occupational disease, or is (it) before the 1. In 2013, if the insurance case occurred after 31 December 1955, the benefits of the accident insurance are to be provided to him (her) or to his (her) survivors, if the insurance case has occurred after 31 December 1955. not earlier than 1. January 2013, if the application is filed until the end of 31 December 2014; if the application is filed after 31 December 2014, the benefits will be charged at the earliest from the date of application. "

Article 4

Amendment of the Official Health and Accident Insurance Act (40). 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 § 2 (1) Z 2, the expression "sickness care institution of the MagistratsOfficers of the State Capital of Salzburg" by the expression "sickness care institution of the Magistratsservants of the state capital of Salzburg" replaced; the expression "Sickness institution of the officials of the state capital Bregenz," No.

2. § 19 (1) Z 1 lit. b is:

" (b)

the household allowance and the children's allowance and child allowance, "

3. In § 56 (9), the point at the end of the lit. e) by the expression "or" replaced and the following lit. f is added:

" f)

a professional group which, in accordance with Article 5 (1), is also exempt from compulsory insurance in sickness insurance, and an age, occupational disability or death pension from an institution of their statutory occupational health insurance Representation. Special pension benefits in accordance with § § 20c, 20d and 20e FSVG shall be considered as pension benefits. "

Section 56 (10) reads as follows:

" (10) A person referred to in subsection (2) and (3) and (6) to (8) shall not be deemed to be a national if he pursues an activity abroad which, if he/she would be exercised domestiy, is subject to the provisions of this or another federal law. Insurance obligation in the sickness insurance scheme, or a pension based on this activity; this applies accordingly to an employment in an international organisation and to the receipt of a pension on the basis of this Employment. "

Section 69 (3) reads as follows:

" (3) Dental treatment and dentures shall be treated as benefits in kind by contract dentists or contract dentists, elective dentists or elective group practices, contract dentists, contract dentists, or contract dentists, Election dentists, in specially equipped facilities (ambulatories) of the insurance institution or in contract institutions. Section 63 (2) of the first and second sentences shall apply accordingly. In so far as treatment contributions are provided for the benefits of dental treatment and the replacement of the dentures, these must be provided in the dental laboratories of the insurance institution and with the contract dentists and dental specialists who are working in the field of freelance work, and Contract dentist/contract dentists as well as the contract group practices are the same. Services which are not or were not the subject of the general contract or the articles of association and measures for the prevention of diseases of the teeth, mouth and jaws, including those in the dental laboratories of the insurance institution, shall be the associated tissues shall be provided for the costs of the insured persons. These contributions shall be fixed in a cost-covering manner and shall be published on the home page of the insurance institution as well as by means of a notice in the insurance institution's payment bullboard. "

6. In accordance with § 69 (3), the following paragraph 3a is inserted:

" (3a) The insurance institution shall not be allowed to provide cosmetic luxury services in the dental prostheses in the area of the fixed-seat dental prosthesis, nor shall it be able to provide extensive fixed-seat dental prostheses which, as a whole, are of a size are an extraordinary risk. "

7. § 90 (2) Z 9 reads:

" 9.

on a path of one (a) insured person to or from the office (Z 1) with the purpose of bringing a child to a child care facility, day care, to foreign care or to a school, or to pick up from there, if he/she is responsible for the The child has a duty of supervision. "

8. § 105 (3) reads:

" (3) The children's allowance is also after completion of the 18. Year of age, but only on a special request to be granted or to continue to grant, if and as long as the child

1.

is in a school or vocational training system, which mainly claims its work force, until the completion of the 27. Year of life; the child's status of children who visit a facility referred to in § 3 of the Law on the Promotion of Studies in 1992 shall only be extended if they are

a)

either family allowance is obtained in accordance with the 1967 Family Tax Equalization Act, or

b)

although no family allowance is obtained, it seriously and purposefully in the sense of § 2 para. 1 lit. b of the Family Law Balancing Act 1967 in the version of the Federal Law BGBl. No 311/1992;

2.

As a participant in the volunteer social year, the volunteer environmental year, the memorial service or the peace and social service abroad, according to the Volunteer Law, BGBl. I n ° 17/2012, until the completion of the 27. Year of life;

3.

since the completion of the 18th In the event of a period of life or since the expiry of the period referred to in Z 1 or of the period referred to in Z 2 as a result of illness or frail, it is incapable of working. "

9. § 190 (5) deleted.

10. In accordance with § 231, the following § 232 and heading is added:

" Final provisions on Art. 4 of the Federal Law BGBl. I No 123/2012 (40). Novelle)

§ 232. (1) It shall enter into force:

1.

with 1. Jänner 2013 § § 56 (9) and (10), 69 (3) and (3a) and 90 (2) (2) Z 9 in the version of the Federal Law BGBl. I No 123/2012;

2.

Retroactively with 1 September 2012 § 2 paragraph 1 Z 2 in the version of the Federal Law BGBl. I No 123/2012.

3.

Retroactively with 1 June 2012 § 105 para. 3 in the version of the Federal Law BGBl. I No 123/2012.

4.

Retroactive with 1. Jänner 2012 § 19 para. 1 Z 1 lit. b in the version of the Federal Law BGBl. I No 123/2012;

(2) § 190 (5) shall expire on the expiry of 30 June 2013.

(3) The insured person (s) shall be responsible for the Jänner 2013 on a disease, which is only due to the Federal Law BGBl. I n ° 123/2012 is regarded as an occupational disease, or is (it) before the 1. In 2013, if the insurance case occurred after 31 December 1955, the benefits of the accident insurance are to be provided to him (her) or to his (her) survivors, if the insurance case has occurred after 31 December 1955. not earlier than 1. January 2013, if the application is filed until the end of 31 December 2014; if the application is filed after 31 December 2014, the benefits will be charged at the earliest from the date of application. "

Fischer

Faymann