Amendment Of The Pension Fund Act, Of The Insurance Supervision Law, Operating Pension Law, Of The Management Trust Profession Act, The Lawyer Order And Of The Salary Fund Act 20...

Original Language Title: Änderung des Pensionskassengesetzes, des Versicherungsaufsichtsgesetzes, des Betriebspensionsgesetzes, des Wirtschaftstreuhandberufsgesetzes, der Rechtsanwaltsordnung und des Gehaltskassengesetzes 20...

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54. Federal Law, with which the Pensionskassengesetz (Pensionskassengesetz), the Insurance Supervision Act, the Law on the Law of the Law, the Economic Scatter Act Act, the Bar Code and the salary-collection law are amended in 2002.

The National Council has decided:

Article 1

Amendment of the Pensionskassengesetz

The Pensionskassengesetz, BGBl. No. 281/1990, as last amended by the Federal Law BGBl. I No 35/2012, shall be amended as follows:

1. § 3 (3) reads:

"(3) Several employers who belong to a group according to § 15 of the Stock Corporation Act (AktG) or under section 115 of the Act on Companies with Limited Liability (GmbHG) shall be entitled to an employer within the meaning of Section 1."

2. In accordance with § 5 Z 4 the following Z 4a is inserted:

" 4a.

Member State: any State which is a member of the European Economic Area; "

3. According to Article 7 (2), the following paragraph 2a is inserted:

" (2a) Each pension fund has in addition to the own funds referred to in paragraph 1 for the fulfilment of the obligation pursuant to § 12a (1) (2) to (4) own funds in the amount of at least 3 vH of the amount in the balance sheet of the pension fund at the last balance sheet date the declared total value of the cover provision assigned to the persons entitled to benefit from the security VRG. "

4. § 9 Z 12 is deleted.

5. In § 12 (1), the parenthesis shall be "(assessment and risk community)" by the parenthesis expression "(investment and risk community-VRG)" replaced.

6. The following paragraphs 6 and 7 are added to § 12:

" (6) A maximum of three VRG can be set up for a maximum of five sub-VG (sub-VG) sub-assessment groups. The limits of § 23 (1) (3a) and (25) are to be applied separately to each sub-VG.

(7) Provided that the pension fund offers several VRG or Sub-VG with the exception of the security VRG with different investment strategies and this in the pension fund contract (§ 15 para. 3 Z 7a) according to the collective agreement, the operating agreement or the agreement has been agreed upon in accordance with the contract model, the following shall apply to commitments without unrestricted accountability of the employer:

1.

In the case of inclusion in the pension scheme, the employee or the person entitled to the pension is managed in the VRG or Sub-VG defined in the pension fund contract.

2.

Up to the time of retrieval of the pension fund performance, the person entitled to the pension can write the change to another VRG or Sub-VG at most three times and in each case according to § 19b according to § 19b of the pension fund. Explain. This statement must be up to 31. October of a calendar year at the pension fund, so that the change to the 1. By way of derogation, the declaration may be made no later than with the call-up of the pension scheme, and the change will then take effect with the first pension benefit. The declaration can also be made with the call for a survivor's pension after the death of an eligible person, the change will then take effect with the first pension benefit.

3.

By way of derogation from Z 2, the change to another VRG or Sub-VG shall be effective for an eligible person, provided that this is in the pension fund contract in accordance with the collective agreement, the operating agreement, or the Agreement has been agreed upon in accordance with the contract. The accused person may alter this change by means of a declaration in accordance with Z 2. The number of exchange possibilities and the time limits of Z 2 shall apply.

The amount of the transfer shall be calculated on the basis of the cover provision and the reserve for the surviving or surviving dependants at the date of transmission of the transfer date. A change is not allowed for persons entitled to benefit. "

7. In accordance with § 12, the following § 12a together with the heading is inserted:

" The investment and risk community with a guarantee

§ 12a. (1) By way of derogation from section 12 (2) and (4), the pension fund shall have a VRG (security VRG), which must comply with the following conditions, in derogation from § 12 (2) and (4):

1.

It must not be allowed to deliver pension funds

a)

, with a minimum guarantee of income,

b)

with unrestricted readout obligation of the employer

shall be administered.

2.

The pension fund has to guarantee that the monthly pension that is due to the person entitled to benefit is at no time lower than that first monthly pension, which is at the time of the first-time call for pension payments from the pension fund. Retirement of the cover return formed for the benefit.

3.

The value of the guaranteed first monthly pension in accordance with Z 2 shall be subject to interest rates after five years at the next balance sheet date for the next financial year, which shall be half of the average monthly average for the previous financial year. Secondary market yield of the Federal bonds, or of an index of the previous 60 months, minus 0.75 percentage points, calculated in its place. This interest rate must not be negative.

4.

If, at the balance sheet date, the remaining result of a VRG leads to a withdrawal of the cover provision and the newly calculated pension is less than the monthly pension guaranteed in accordance with Z 2 and 3, the following year shall be the person entitled to benefit monthly the difference to the monthly pension guaranteed in accordance with Z 2 and 3 is credited from the own resources of the pension fund.

5.

The business plan shall contain, in addition to the information in accordance with section 20 (2), the following deviations and additions:

a)

The principles and formulae for the calculation of the guaranteed first monthly pension for the retirement pension and the survivor's pension;

b)

the way in which the accounts are adjusted;

c)

The fluctuation reserve is to be carried out globally on the basis of the rights of the accused and the person entitled to benefit.

6.

By way of derogation from section 23 (1) (3a), no more than 40 vH may be permitted in accordance with § 23 (1) Z 3a lit. c and a total of 80 vH of the assets allocated to the security VRG will be devoted. The pension fund has to present to the FMA the existence of sufficient liquidity reserves for the performance of the pension benefits for the following financial years by 30 November of each financial year, by appropriate means of proof.

7.

The formation of a negative fluctuation reserve in accordance with § 24a (8) is not permitted.

8.

The limit of § 25 (3) Z 2 shall apply.

(2) At the time of the retrieval of the pension scheme, the eligible person may, however, from the year in which he/she is entitled to the 55. The change to the security VRG shall be declared in writing to the pension fund in writing at the latest at the time of retrieval of the pension fund performance in accordance with § 19b against the pension fund. The statement must be up to 31. October of a calendar year at the pension fund, so that the change to the 1. By way of derogation, the declaration may be made no later than with the call-up of the pension scheme, and the change will then take effect with the first pension benefit. The declaration can also be made with the call for a survivor's pension after the death of an eligible person, the change will then take effect with the first pension benefit.

(3) Up to the retrieval of the pension fund performance, the person entitled to a security VRG can, according to proof of information in accordance with § 19b, explain in writing to the pension fund the change to that VRG in which the pension fund plea before managed to change to security VRG. A change is not allowed for persons entitled to benefit.

(4) The cover provision and the fluctuation reserve formed for the person entitled to the right to the transfer date shall be transferred to the Security VRG as follows:

1.

If the transfer date falls on a balance sheet date, the fluctuation reserve of the security VRG shall be applied to that proportional amount which corresponds to the percentage of the fluctuation reserve formed in the security VRG in relation to the balance sheet date. average assets (§ 20 (2) (5)) corresponding to this balance sheet date.

2.

If the transfer date does not fall on a balance sheet date, the fluctuation reserve of the security VRG shall be applied to that proportional amount which corresponds to the percentage of the fluctuation reserve formed in the security VRG the associated average assets (Section 20 (2) Z 5) at the last balance sheet date.

3.

If the fluctuation reserve allocated to the qualifying person exceeds the amount of the doping in accordance with Z 1 or 2, the surplus amount shall be supplied to the person entitled to cover the cover.

4.

If the fluctuation reserve allocated to the qualifying person is less than the amount of the doping in accordance with Z 1 or 2, the shortfall of the cover provision shall be deducted from the person entitled to the right to cover the goods.

(5) By way of derogation from Section 17 (1), the persons entitled to benefit from the security VRG remain with the pension fund when the pension fund contract is terminated. Section 15 (3a) is to be applied with the proviso that changes to the pension fund contract as a result of paragraph 1 Z 5 are permissible.

(6) If a pension fund has not set up a security VRG, it has to conclude a cooperation contract with an overoperating pension fund, so that the pension fund entitled to the right to vote in accordance with the conditions of the 2. make use of the transfer amount in accordance with paragraph 4 into a security VRG of the corporate pension fund. The supercompany pension fund has to inform the eligible persons according to § 19b. In the operating agreement or in the collective agreement on the establishment of an occupational pension fund, it can be agreed that neither a security VRG nor a cooperation agreement with an overoperating pension fund is completed. "

8. In accordance with § 15 (3) Z 7 the following Z 7a is inserted:

" 7a.

the possible agreement of electoral rights in accordance with § 12 (7) Z 2 and 3 as well as the determination of the VRG or Sub-VG to be included in the newly added eligible beneficiaries or beneficiaries in accordance with § 12 paragraph 7 Z 1; "

9. In accordance with § 15 (3) Z 15 the following Z 15a shall be inserted:

" 15a.

the closer approach in the event of the employer leaving the Group in the event of a pension fund contract with an occupational pension fund; "

10. § 15 para. 3a first sentence reads:

" In accordance with Section 5 (2) (2) (1) or (5) of the BPG or pursuant to Section 6 (3) (3) (1) or (3) of the BPG (BPG) or an eligible employee in accordance with Section 17 (1) or a person entitled to benefit in accordance with Section 12a (5) or § 17 (1) of the Pension Fund, then the employee shall remain in the pension fund of the Pensionskasse Contract. "

(11) The following paragraph 4 is added to § 16:

" (4) A pension fund may also include amounts from another pension fund, an institution (§ 5 Z 4), a company collective insurance (§ 18f Insurance Supervision Act-VAG), an establishment of the supplementary pension insurance scheme after § 479 of the General Social Insurance Act (ASVG), BGBl. No. 189/1955, an old-age pension scheme in accordance with § 173 (2) of the German Federal Economic Scatter Trade Act (BGBl), which was designed according to the capital-cover procedure. I n ° 58/1999, pursuant to Section 50 (3) of the Code of Lawyers, RGBl. No. 96/1868, in accordance with § 41 (4) of the salary-collection law 2002, BGBl. I No 154/2001, or a foreign pension scheme, if the worker is an eligible person or a person entitled to benefit at the time of the transfer. '

12. In accordance with Article 16a (4), the following paragraphs 4a and 4b are inserted:

" (4a) For the apportionment of the assets of the security VRG, the pension fund is entitled to withhold a remuneration from the investment income which does not amount to 0.55 vH of the assets assigned to the security VRG (§ 20 para. 2 Z 5) per financial year shall be greater than The percentage must be the same for all the beneficiaries of the security VRG.

(4b) If, for persons entitled to benefit with a commitment, without an unrestricted obligation to pay the employer or a commitment without a guarantee of minimum profit, the investment income of a financial year is not sufficient for the remuneration provided for in paragraph 4, the following shall apply: The following:

1.

The pension fund may only take out the remuneration in the amount of 50 vH in relation to the cover reserve allocated to those benefits under the assets assigned to those benefits.

2.

For the remaining part of the remuneration a liability to the pension fund is to be shown in the VRG.

3.

In the next financial year, these eligible persons shall be paid a grant to the pension at the level of the remaining part of the remuneration in fourteen instals; for this grant, a miscellaneous active shall be shown in the VRG.

4.

The distributable profit of a financial year shall not be increased by the amount of the amount receivable in the balance sheet of the pension fund for the remaining part of the remuneration.

5.

The removal of the part of the remuneration remaining in the VRG shall be allowed in subsequent years only if, on the allocation of the invoice interest to the cover reserve of the eligible persons, the remaining investment income for a withdrawal enough.

6.

If the other activum cannot be dissolved by taking the part of the remuneration remaining in the VRG up to ten years after its formation, the latter shall be charged to the corresponding liability shown in the VRG in relation to the To dissolve the pension fund.

7.

If the VRG shows another asset according to Z 3, the corresponding share of the remaining part of the remuneration from the pension fund of its cover provision will be eligible for the corresponding share of the pension fund's pension. to be credited. '

13. In § 16a (6) the reference is made " 2 to 4 " by reference " 2 to 4a " replaced.

14. § 17 (1) reads:

" (1) A termination of the pension fund contract by the employer or by the pension fund or a consensual termination of the pension fund contract is only admissible and legally effective if a transfer of the pension fund contract according to paragraph 4 to be transferred Assets on another pension fund, a body (§ 5 Z 4), an occupational collective insurance (§ 18f VAG) of an insurance company entitled to operate the life insurance in the country, or an establishment of the additional insurance company. Pension insurance according to § 479 ASVG is ensured. The termination or consensual termination of the pension fund contract can only take effect jointly for all qualifying and eligible persons covered by this pension fund contract, unless the collective agreement is concluded, Operating agreement or agreement according to the contractual model is stipulated that upon termination of the pension fund contract, all eligible persons or all non-contributory eligible persons and persons entitled to benefit from the contract are determined by the contract. Pension fund remain. "

15. In § 17 (3), after the word order "where there is a need for transmission" the phrase "and a transfer is ensured" inserted.

16. § 17 (4) reads:

" (4) The value of the assets to be transferred in the event of termination shall be determined in the pension fund contract and may be 100 vH of the cover provision to be made in accordance with the business plan, plus 100 vH of the fluctuation reserve of the affected persons. Non-current and eligible beneficiaries. "

17. § 19 (2) last sentence reads:

"The pension funds and the employer shall immediately, at their request, have a copy of the pension fund contract in paper form to be followed by a copy of the respective pledge of the pension fund."

18. According to Article 19 (5), the following paragraphs 5a to 5c are inserted:

" (5a) The pension fund has the right to request the VRG, Sub-VG or Security VRG, in which the pension fund is administered, within a reasonable period of time in paper form to the beneficiaries of the pension and the benefits. for not more than the last three financial years

1.

a measure of the overall cost ratio in the form that all costs charged by the pension fund or third parties to the assets allocated to the VRG are to be calculated as a percentage relative to the assets allocated to the VRG, and

2.

a representative performance comparison

.

(5b) The pension fund shall inform the persons entitled to benefit in the event of a change in the pension performance at their request within a reasonable period of time in paper form, in a schematic representation of the individual causes and sources of results.

(5c) The pension fund shall make available to a collective contractual interest representation of the employees on request those parts of the business plan which are relevant to performance, which shall be made available on a case-by-case basis and at the request of an acquisition or service contract. Those who are entitled to perform the verification of the information referred to in paragraphs 3 to 5 and 5b are required. "

19. § 19 (7) reads:

" (7) According to the existing technical possibilities, a secure electronic access possibility may also be made, after the express consent of the person entitled to the right to benefit, instead of the written information referred to in paragraphs 2 to 5b. to this information at the pension fund. Information pursuant to paragraphs 2, 5a and 5b may also be provided on another durable medium in accordance with Section 16 (1) of the Securities Supervision Act 2007 (WAG 2007), BGBl. I No 60/2007. '

20. According to § 19a, the following § 19b is inserted:

" § 19b. (1) The pension fund has an eligible, surviving or insured person (§ 18f VAG) on request before a decision in accordance with § 12 (7) or § 12a (2) of this Federal Act or § 5 (5), § 5a (1), § 6c (5) or § 6e Abs. 1 BPG on a durable medium according to § 16 paragraph 1 WAG 2007 to inform. The pension fund has to keep records of the information and decision of the accused person and to keep it for at least seven years. The records must be kept on a data carrier so that they can be made available to the FMA without delay in the future.

(2) The information referred to in paragraph 1 shall depend on the nature of the intended decision

1.

for eligible persons, the amount of the infestation amount in accordance with Article 5 (1) of the BPG;

2.

the relevant parameters of the VRG, sub-VG or security VRG, as defined in the business plan, to which the person entitled to the right of defence is assigned;

3.

the relevant parameters of the VRG, sub-VG or security VRG, as defined in the business plan, into which the accused person or insured person is to be involved or wants to change;

4.

with regard to a transfer to a security VRG (Section 12a (2))

a)

the estimated amount of the first guaranteed monthly pension,

b)

the modalities of the valorisation of the guaranteed first-month pension,

c)

the investment strategy, and the opportunities and risks of employment,

d)

the amount of the remuneration for the assessment of the assets of the security VRG pursuant to Section 16a (4a) and

e)

a particularly emphasized indication of the whereabout of the persons entitled to benefit in the security VRG in the event of the termination of the pension fund contract;

5.

as regards the choice of a VRG or Sub-VG (Section 12 (7)), the investment strategy, as well as the chances and risks of income and risks;

6.

a presentation of the differences between the collective insurance scheme and a pension scheme in accordance with Section 6c (5) or Section 6e (1) of the BPG;

7.

on the basis of the previously acquired rights or the inconspicuity amount in accordance with Section 6c (1) of the BPG, assuming that the last contributions or premiums paid by the employer and the employee are maintained in accordance with the forecasts of the respective the future development of pension and pension benefits, with the calculation of at least three different assumptions on the development of earnings, in addition to the accounting rate of the accounts,

to be included.

(3) The FMA has to determine the content and the structure of the information provided for in paragraphs 1 and 2 as well as the requirements for the calculations referred to in paragraph 2 (2) (7) by regulation. In doing so, it has to take into account the interest in a functioning pension fund system as well as the interests of the eligible persons in a sufficient, comparable and clearly understandable information. "

21. § 20 (2a) reads:

" (2a) The accounting rate and the accounting surplus shall be chosen with the necessary caution. Where:

1.

the yields of investments comparable to those held by the pension fund for assets held by the investment and risk communities, taking into account the future investment income, or

2.

the market returns of public or other high-quality debt securities

or a mixed set of both, less appropriate security charges. The FMA, by regulation, has one or more maximum permissible percentages of invoice and invoice surplus for newly concluded pension fund contracts and for newly added qualifying beneficiaries in existing To define pension fund contracts. The security VRG shall be subject to a maximum percentage of invoice and invoice surplus which, in any event, shall not be higher than the maximum allowable percentage fixed in accordance with the preceding sentence, for Invoice and invoice surplus for an investment and risk community without guarantee. The FMA has to review the adequacy of interest rates at least every three years. "

22. The following sentence shall be added to section 20a (1):

"In the case of incompany pension funds, a deputy actuary is also to be ordered; para. 2 to 5 shall be applied in accordance with the applicable law."

23. § 23 (1) Z 3a reads:

" 3a.

By way of derogation from Z 3 are direct or via special funds according to § 163 of the Investment Fund Act 2011 (InvFG 2011), BGBl. I No 77/2011, or comparable foreign special funds, where the pension fund is the only one-unit-holder,

a)

Debt securities issued by the federal government, a federal state, another Member State, a member state of another Member State, another full member state of the Organisation for Economic Co-operation and Development (OECD), or an international organisation of a public character, consisting of one or more Member States, and transferable securities, for their repayment and interest in the federal government, a federal state, another Member State, a member state of another Member State, another full member state of the OECD, or a the international organisation of the public legal nature of which one or more Member States are members is liable, and the apportionment pursuant to Section 22a of the BWG would be subject to a maximum risk weight of 20 VH,

b)

Debt securities issued by credit institutions which, in accordance with Article 22a of the Federal Elections Act, would be subject to a risk weight of no more than 20 VH, and securities for the repayment and return of which a credit institution which has a risk weight in accordance with Section 22a of the BWG At most 20 vH, shall be liable,

c)

investment grade corporate bonds,

with a fixed term, if they are intended to be kept until the final maturity on the basis of a separate dedication, with their continued acquisition costs or their continued daily value at the time of the dedication, using the effective interest rate method, if declared admissible in the business plan. For the securities directly or indirectly dedicated to special funds, the ability to be a permanent facility on the basis of a prudent liquidity plan shall be limited to a maximum of 25 vH in accordance with lit. c and a total of 60 vH of the assets allocated to an investment and risk community shall be devoted to a total of 60 vH. At the request of the FMA, the FMA must prove that the Fund's provisions of special funds regulate the separate dedication of certain debt securities and on the current identification of a further calculation value, taking into account the particular evaluation. It is only in the case of special circumstances and with the approval of the FMA that it is possible to have a security which is dedicated to the pension fund as a permanent facility. If a security as a permanent facility loses the status of investment grade, its dedication shall be set aside as a permanent facility and shall be assessed in accordance with Z 3; this shall not be required for the approval of the FMA. The sale of bonds specifically dedicated to special funds shall only be permitted in case of special circumstances and with the approval of the FMA. In accordance with Section 36 (2) of the Regulation, the FMA has to prescribe the disclaimer of the silent charges and silent reserves arising from the HTM evaluation; "

24. § 24 (2) reads:

" (2) The fluctuation reserve can in principle be conducted either separately for individual qualifying and/or eligible persons (individually) or jointly for groups of eligible persons and/or persons entitled to benefits (global). The following combinations are permitted:

1.

For a whole investment and risk community

a)

individually for all eligible persons and beneficiaries,

b)

individually for all eligible persons and globally for all persons entitled to benefit,

c)

globally for all eligible persons and globally for all persons entitled to benefit, or

d)

globally for all eligible persons and persons entitled to benefit; however, this is only permissible if it is an investment and risk community with unrestricted accountability of the employer for all eligible persons and persons entitled to benefit .

2.

By way of derogation from Z 1 lit. a, b and c, the fluctuation reserve within a VRG may be carried out globally for a group of eligible persons or a group of persons entitled to benefit, with the following criteria for the formation of the group. individually or in combination:

a)

Sub-VG,

b)

Probabilistic tables,

c)

Accounting rates,

d)

the amount of the surplus,

e)

Employer or group of employers.

3.

Deviating from Z 1 lit. d can the fluctuation reserve within a VRG with unrestricted readout obligation of an employer globally for all qualifying and benefit justifiers of this employer or globally for all eligible persons of this employer and are managed globally for all persons entitled to benefit from this employer, where a group of employers can also be replaced by the employer.

Insofar as pension fund commitments with minimum income guarantee and pension guarantees are jointly managed in an investment and risk community without a minimum guarantee, the fluctuation reserve in accordance with Z 1 lit is lit. a to c shall, without prejudice to Z 2, lead to the fluctuation reserve, in any case, separately in accordance with pension guarantees with a minimum guarantee of income and guarantees of pension payments without a minimum guarantee of payment. "

25. § 24a (3) reads:

" (3) For an additional allocation to the fluctuation reserve by the Executive Board of the Pensionskasse, the FMA has to set conditions for the affected group of persons and criteria for the extent of the allocation. In doing so,

1.

as uniform as possible a pension adjustment for persons entitled to benefit,

2.

as uniform as possible an income allocation for eligible persons,

3.

the amount of the invoice and the accounting surplus;

4.

the particularities of the security VRG,

5.

the extent of the fluctuation reserve and

6.

the capital market situation

To take care of it. "

26. In § 25 (1) Z 5 lit. (b) and (5) shall be the word "EEA Member State" by the word "Member State" replaced.

27. In Section 25 (2) (1) (1), the phrase "and cash balances" .

28. § 25 (7), first half-sentence reads:

" Assessments in assets of the same issuer, with the exception of investments in debt securities and loans granted by the Federal Government, a federal state, another Member State, a member state of another Member State, or any other Member State, or an international organisation of a public character, of which one or more Member States are members, issued or guaranteed "

29. In Article 25 (8), the following sentence shall be inserted after the first sentence:

"By way of derogation from Section 14 (1), § 80 (1) InvFG 2011 and § 4 (3) ImmoInvFG shall apply."

30. In § 25 (9), the first sentence shall be preceded by the following sentence:

"The pension fund shall set up risk management for the collection, assessment, management and monitoring of the risks arising from the assessment, which shall be proportionate to the nature, scope and complexity of the assessment."

31. § 25 (10) reads:

" (10) The FMA may, on a case-by-case basis, be informed of the assessment of the assets assigned to an investment and risk community.

1.

with regard to risk-spreading and risk-reduction for

a)

Assessment in accordance with paragraph 1 (1) (6) and (2) (6), respectively, an upper limit of 20 vH,

b)

Assessment in accordance with paragraph 2 Z 4, an upper limit of up to 40 vH,

c)

Assessment in accordance with paragraph 2 Z 5, an upper limit of up to 30 vH

of the assets and liabilities associated with the investment and risk community; and

2.

with regard to risk-spreading and risk-reduction for the predisposition in accordance with paragraph 6, detailed conditions for the acquisition

, in so far as this is necessary on the basis of the specific nature of the pension fund commitments administered by the relevant investment and risk community and for the protection of the interests of eligible persons and persons entitled to benefits. "

32. § 25 (11) is deleted.

33. The following paragraph 1a is inserted in accordance with Article 25a (1):

" (1a) If the pension fund offers several VRG or sub-VG with different investment strategies (§ 12 (6) and (7)), it has to define the different investment strategies according to qualitative and quantitative criteria and the The differences in an overview-like structure can be easily understood. "

34. In Section 25a (3), the phrase "any change" through the phrase "any substantial change" replaced.

35. § 26 (1) reads:

" (1) The pension fund has to commission one or more custodian banks with the safekeeping of the securities and the shares of capital investment funds belonging to an investment and risk community. Only a credit institution which is duly authorised or recognised as a depositary within the meaning of Directive 2009 /65/EC in accordance with Directive 2004 /39/EC or 2006 /48/EC may be charged as a custodian bank. The pension fund shall submit to the FMA, together with the notification of the application, a statement by the credit institution or the depositary, which shall take note of the rights and obligations of paragraph 2 and shall refer to each of the accounts and the accounts. The right to retention is waived. "

36. According to Article 26 (1), the following paragraph 1a is inserted:

" (1a) Each VRG, each sub-VG and the security VRG shall each have its own securities depot. In any case, the pension fund and a designation of the VRG, Sub-VG or Security VRG are to be found in the depository name. "

37. The following paragraph 1a is inserted in accordance with Article 27 (1):

" (1a) At that balance sheet date, which is prior to the election of the representatives of the members of the general meeting and the persons entitled to benefit, the number of persons entitled to benefit with undertakings without an unrestricted obligation to follow up the employer's obligation to Quotients of the total number of eligible persons and persons entitled to benefit, with commitments without unrestricted accountability of the employer, divided by the number of representatives of the eligible persons and the persons entitled to benefit, as laid down in the Statute, At least one mandate of the representatives of the Anwartschafts-und Persons entitled to benefit on the Supervisory Board of the Occupational Pension Fund reserve the right to benefit. "

38. In accordance with § 27 (5) Z 2 the following Z 2a and 2b are inserted:

" 2a.

Under the conditions set out in paragraph 1a, at least one separate nomination for the representatives of the persons entitled to benefit in the Supervisory Board may be submitted in accordance with the requirements of Z 2;

2b.

in the presence of nominations in accordance with Z 2a, the persons entitled to vote shall vote in a first ballot on the election proposals in accordance with Z 2 and a second ballot on the election proposals in accordance with Z 2b; "

39. In accordance with § 27 (5) Z 3 the following Z 3a is inserted:

" 3a.

the assignment in accordance with Z 3 does not apply to non-contributory employees and beneficiaries who remain with the pension fund in accordance with Section 12a (5) or § 17 (1) in the case of cancellation of the pension fund contract; "

40. In § 29 (1), the phrase "eligible persons according to § 5 Z 2 lit. a" through the phrase "eligible persons according to § 5 Z 2" replaced.

41. § 29 (2) reads:

" (2) Each participant pursuant to paragraph 1 shall be entitled to the information rights of Section 118 (1) of the German Stock Corporation Act (AktG), in particular in relation to its own investment and risk community. Section 118 (2) to (4) AktG shall apply. "

42. In accordance with § 31 (4) (3), the following Z 3a is inserted:

" 3a.

the assessment as to whether the assets of exhibitors belonging to a group according to § 15 of the German Stock Corporation Act (AktG) or § 115 of the GmbHG (German Stock Corporation Act) and which are owned by a group company within the meaning of Section 6a (1) of the German Stock Corporation Act (GmbHG) are the assets of exhibitors who have been invoi Remuneration is appropriate and market-standard; "

43. § 36 (1) Z 8 reads:

" 8.

any formation of a separate VRG according to § 12 paragraph 2, sub-VG according to § 12 para. 7 or security VRG according to § 12a and any closure of a VRG, Sub-VG or security VRG; "

44. In accordance with § 36 (1) Z 10 the following Z 10a is inserted:

" 10a.

the person or persons responsible for the internal audit as well as changes in the person's person; "

Section 36 (2) reads as follows:

" (2) Within four weeks after the dates 31 March, 30 June, 30 September and 31 December of the FMA, the pension funds have separated the FMA quarterly cards according to VRG, Sub-VG and Safety-VRG, with which

1.

the compliance with § 23 (1) (3a), (25) and (25a) and the actual existence of at least 90 vH of the assets belonging to an investment and risk community are in each case established on these dates and

2.

the number of eligible persons and eligible beneficiaries is indicated at each of these dates,

shall be transmitted electronically in a standardised form in accordance with the structure laid down in the Regulation referred to in paragraph 4. '

46. In accordance with § 36, the following § 36a and title are inserted:

" Form of communication with the FMA-electronic transmission

§ 36a. The FMA may prescribe, by means of a regulation, that the advertisements and transfers pursuant to § 6a (1) and (2), § 7 (7), § 12 (5), § 20a (4), § 21 (3), § 21 (8), § 25 (9), § 25a (3), § 30a (1), § 31 (2), 33b (1) and (2) and § 36 (3) (1) and (2) shall be made exclusively in electronic form, as well as in accordance with certain changes, technical requirements and modalities of transmission. The FMA must be guided by the principles of efficiency and expediency and to ensure that the electronic availability of the data for the FMA is guaranteed and that the interests of the supervisory authorities are not guaranteed. shall be affected. The FMA shall take appropriate measures to ensure that the notifiers or, where appropriate, their persons responsible for the movement of persons are in the system for a reasonable period of time in respect of the accuracy and completeness of the information provided by them or by their To ensure that persons responsible for the movement of persons are able to provide information. "

47. According to § 46a (1) Z 14, the following Z 14a shall be inserted:

" 14a.

the requirements for risk management in accordance with § 25 (9) are not met; "

48. In the final part of Section 46a (1), the phrase "Z 14 and 15" through the phrase "Z 14 to 15" replaced.

49. § 49 receives the sales designation "(1)" and the following paragraph 2 is added:

" (2) After the entry into force of the Federal Law BGBl. I No 54/2012 shall be subject to the following transitional provisions:

1.

On § 12 (7) and 12a (2):

By way of derogation from § 12 (7) and § 12a (2), all eligible persons with a pension commitment on the date of 31 December 2012 without an unrestricted obligation to provide proof of the employer's pension can, according to § 19b, be informed of the Pension fund up to 31. October 2013 in writing

a)

in an investment and risk community or sub-VG with a permissible accounting rate in accordance with Article 20 (2a),

b)

into a security VRG or

c)

into an occupational collective insurance

Explain. The change will become 1. Jänner 2014 effective. The transmission amount is calculated from the cover return and the fluctuation reserve formed for the benefit authorized to the transmission date. For a transmission according to lit. b is to apply section 12a (4); § 12a (1) (2) is to be applied with the proviso that the guarantee shall be based on the monthly pension granted for January 2014. For a transmission according to lit. c is to prove an information according to § 18k VAG.

2.

On Section 12a (4):

In the case of the establishment of the security VRG, the percentage of the fluctuation reserve to be formed is 5 vH of the assets assigned to the qualifying and the persons entitled to benefit (Section 20 (2) Z 5), which at this point in time into the security VRG is transmitted.

3.

On § 15 (3) (7a) and (15a):

At the time of the entry into force of the Federal Law BGBl. I n ° 54/2012 concluded pension fund contracts are to be supplemented by the prescribed content until 31 December 2015.

4.

On § 24a:

Persons entitled to benefit with a pension fund commitment without an unrestricted obligation to follow up the employer, whose fluctuation reserve is individually managed, can be up to 31. October 2014 in writing and irrevocably declare that from the financial year in which the declaration is made, a doping or liquidation of the fluctuation reserve in accordance with section 24a (2), (3) and (4) shall not be required if the current monthly pension at the time of the waiver, it is less than the first monthly pension which, at the time of the first call for the pension scheme, resulted from the retirement of the cover provision constituted for the benefit. The pension fund has the capacity to inform the beneficiaries of the possibility of the waiver and the effects of the waiver in paper form on request.

5.

On § 26 (1):

For 1. Jänner 2013 commissioned custodian banks is the statement of the credit institution or the depositary, which waivers any right of settlement and retention until 31 December 2013 at the latest to the FMA. "

50. The following paragraph 36 is added to § 51:

" (36) § 3 (3), § 5 (4a), § 7 (2a), § 12 (1), (6) and (7), § 12a including the title, § 15 (3) (7a) and (15a) and (3a), § 16 (4), § 16a (4a), (4b) and (6), § 17 (1), (3) and (4), § 19 (2), 5a to 5c and 7, § 19b, § 20 (2a), § 20a (1), § 23 Paragraph 1 Z 3a, § 24 para. 2, § 24a para. 3, § 25 paragraph 1 Z 5 lit. b, para. 2 Z 1, para. 5, 7 to 10, § 25a para. 1a and 3, § 26 para. 1 and 1a, § 27 para. 1a and 5 Z 2a, 2b and 3a, § 29 para. 1 and 2, § 31 para. 4 Z 3a, § 36 subsection 1 Z 8 and 10a and para. 2, § 36a including Title, § 46a (1) and § 49 (1) and (2) in the version of the Federal Law BGBl. I n ° 54/2012 are 1. Jänner 2013 in force. § 9 Z 12, § 25 (11) and the Ordinance of the Financial Market Supervisory Authority of 22 September 2006 on the special tax provisions for pension funds, Federal Law Gazette (BGBl). II No 361, shall expire on 31 December 2012. "

Article 2

Amendment of the Insurance Supervision Act

The Insurance Supervision Act, BGBl. No 569/1978, as last amended by the Federal Law BGBl. I No 35/2012, shall be amended as follows:

1. § 18g (3) last sentence reads:

"The insurance undertaking and the employer shall immediately, at the request of the insured person, make a copy of the parts of the insurance contract relating to it in paper form."

2. § 18g para. 8 reads:

" (8) In accordance with the technical possibilities available, a secure electronic access to this information may also be made available in lieu of the written information referred to in paragraphs 3 to 6, after the express consent of the insured person. Insurance undertakings are made possible. Information pursuant to paragraph 3 may also be made available on another durable medium in accordance with § 16 Abs. 1 WAG 2007, after the express consent of the insured persons. "

3. In accordance with § 18g (8), the following paragraph 9 is added:

" (9) The insurance undertaking shall make available to a collective contractual interest representation of the employees, on request, those parts of the actuarial basis which are relevant to performance, which shall be made available on a case-by-case basis and on request. an insured person or a person entitled to benefit is required for the verification of the information referred to in paragraphs 4 to 6. '

4. § 18h para. 1 reads:

" (1) A termination of the insurance contract by the employer or by the insurance undertaking or a consensual termination of the insurance contract is only admissible and legally effective if a transfer of the insurance contract pursuant to paragraph 3 to assets transferred to an operating collective insurance of another insurance company entitled to operate domestily, a pension fund, a body within the meaning of § 5 Z 4 PKG or a facility of the additional pension insurance in accordance with § 479 ASVG. The termination or consensual termination may be legally binding only for all insured persons unless stated in the operating agreement, the collective agreement or in the agreements according to the contractual model, that in the event of termination of the contract of the insurance contract shall remain in the company collective insurance for all pensioners or all insured persons and pensioners who have been made non-contributory to the insurance contract. "

5. According to § 18j the following § 18k is inserted:

" § 18k. (1) The insurance company has a insured person or an eligible person (§ 5 Z 1 PKG) on request before a decision in accordance with § 5 (5), § 5a (1), § 6c (5) or § 6e paragraph 1 BPG on a durable medium according to § 16 para. 1 WAG 2007. The insurance undertaking shall keep records of the information and decision of the insured person and keep it for a period of at least seven years. The records must be kept on a data carrier so that they can be made available to the FMA without delay in the future.

(2) The information referred to in paragraph 1 shall be:

1.

for the insured person, the amount of the infestation amount pursuant to Section 6c (1) of the BPG,

2.

the relevant parameters of the actuarial bases used in the preparation of the tariff and the calculation of technical provisions,

3.

a presentation of the differences between the occupational collective insurance and a pension fund basis before a decision pursuant to § 5 (5) or § 5a (1) BPG

4.

on the basis of the cover provision or the inconspicuity amount in accordance with Article 5 (1) of the BPG, assuming that the last premium payments or contributions paid by the employer and the employee have been granted, forecasts of the respective the future development of insurance and pensions, with the calculation of at least three different assumptions on the development of earnings, in addition to the guarantee rate,

to be included.

(3) The FMA has to determine the content and structure of the information provided for in paragraph 1 above and to the calculations referred to in paragraph 2 (2) (4) by regulation. It shall take into account the interests of the insured and eligible persons in an adequate, comparable and clearly understandable information. "

6. In accordance with § 119i (31), the following paragraph 32 is added:

" (32) § 18g (3) last sentence, § 18g (8) and (9), § 18h (1), § 18k and § 129h (6) in the version of the Federal Law BGBl. I n ° 54/2012 are 1. Jänner 2013 in force. "

7. The following paragraph 6 is added to § 129h (5):

" (6) § 18k is also on a decision pursuant to § 49 paragraph 2 Z 1 lit. c PKG. By way of derogation from § 18f (1) (1) (1), the insurance contract shall be concluded between the previous person entitled to benefit in accordance with § 5 Z 2 PKG and the insurance company. § § 18f to 18j are to be applied in accordance with § 5 Z 2 PKG in accordance with the provisions of the previous law. "

Article 3

Amendment of the Law on the Law of the State

The Law on Operations, BGBl. No 282/1990, as last amended by the Federal Law BGBl. I n ° 58/2010, is amended as follows:

1. In Section 1 (5), the phrase "the General Social Security Act" through the phrase "the General Social Security Act (ASVG)" replaced.

2. In § 2 Z 1, the parenthesis shall be " (§ 18f Insurance Supervision Act, BGBl. No 569/1978) by the parenthesis expression " (§ 18f of the Insurance Supervisory Act-VAG, BGBl. No 569/1978) replaced.

3. In § 3 (1), first sentence, the word order shall be " in accordance with § 9 Z 8 and § 15 (4) of the Pensionskassengesetz, BGBl. No. 281/1990 "by the phrase" in accordance with section 15 (4) of the PKG " replaced.

4. § 3 para. 1 Z 2 reads:

" 2.

the right to benefit, including, in particular, the rights of the persons entitled to entitlement to benefits and benefits; the amount of contributions to be paid by the employer and the pension fund in the case of contributions-oriented agreements In addition, in the case of contributions-oriented agreements, variable contributions up to the level of the obligations to be paid by the employer (s) can be determined in terms of amount or in fixed relation to current charges or remuneration components. Contributions or, if the employer/employer is responsible for the performance of a contribution for employees of at least 2 vH of the current pay, variable contributions in fixed relation to one or more operational measures within the meaning of Section 1 Z 2a up to the level of the above from § 4 (4) Z 2 lit. a EStG 1988 resulting amount; the sole obligation of the employer to adjust the contribution in the event of the occurrence of additional cover requirements; the possible agreement of electoral rights in accordance with § 12 para. 7 PKG; "

5. In accordance with § 3 (1) Z 2 the following Z 2a is inserted:

" 2a.

the variable contribution rate to be used as a basis for the variable contribution: an operational measure is a comprehensible and generally accessible business, tax or tax law which is determined according to objective criteria, or company law measure, which takes into account the particular branch of the holding, the specific object, the size and scope of the holding, and the general operating risk of this holding; the agreement of several key figures per holding or the agreement of a measure, which is divided into several Key measures are allowed; "

6. § 3 para. 4 penultimate and last sentence reads:

" For the duration of a Karenz within the meaning of the maternity protection law 1979 (MSchG), BGBl. No. 221, or the Väter-Karenzgesetz (Vyer-Karenzgesetz, VKG), BGBl. No. 651/1989, an educational karence according to § 11 of the Labour Contract Law Adaptation Act (AVRAG), Federal Law Gazette (BGBl). No 459/1993, as well as an exemption against the payment of remuneration in accordance with § § 12, 14a or 14b AVRAG, the employee can continue to pay his/her contributions in the previous amount or also take over the contributions of the employer/employer. If, as a result of a reduction in the normal working time in accordance with § § 13, 14, 14a or 14b AVRAG or part-time employment in the sense of the MSchG or VKG, the contributions of the employer/employer are reduced, the employee may/in his/her contributions in the previous amount or for the duration of the working time reduction also the amount of the contributions of the employer/s/in the course of the work. "

7. In § 5 (1), second sentence, the word "five" by the word "Three" replaced.

8. § 5 (1a) Z 2 reads:

" 2.

in the event of a global leadership of the fluctuation reserve (§ § 24 and 24a PKG) as

a)

100% of the cover provision assigned to the person entitled to the right of protection, or

b)

the maximum from the cover provision minus the administrative costs of the inability amount and 95 vH of the cover reserve allocated to the eligible persons plus 95% of the share of the Fluctuation reserve. "

9. § 5 (2) (2) (2) is:

" 2.

the transfer of the infestation amount referred to in paragraph 1a to the pension fund or to a body within the meaning of § 5 Z 4 PKG or into a company collective insurance or a group pension insurance of a new employer/in or in a pension scheme without a right of repurchase, in an institution of the supplementary pension insurance in accordance with § 479 of the ASVG or in a pension scheme designed according to the capital-cover procedure pursuant to § 173 para. 2 of the Economic Scatter Trade Act (WTBG), BGBl. I n ° 58/1999, pursuant to Section 50 (3) of the Lawyers ' Code (RAO), RGBl. No 96/1868, or in accordance with section 41 (4) of the salary casuals act 2002, BGBl. I No 154/2001, if the worker is an employee or an employee in the course of the transfer; "

10. In accordance with § 5 (2) Z 2 the following Z 2a is inserted:

" 2a.

the transfer of the inconspicuous amount referred to in paragraph 1a to a pension fund or to a body within the meaning of Section 5 (4) of the PCG or into an occupational collective insurance scheme in which an inconspicuous service is already available for the worker or a premium-free insurance, if the new employer/employer does not intend to enter into a pension or collective insurance scheme for the employee; "

Article 5 (3) reads as follows:

" (3) If the employee does not issue an explanation of use within six months of the use of his/her infestation amount in accordance with paragraph 1 (a), he/she shall be entitled to a non-contributory claim (paragraph 1). 2 Z 1). At a later date, the employee shall require the transfer of this entitlement to the pension fund or to a facility within the meaning of § 5 Z 4 PKG or into a company collective insurance or a group pension insurance a new employer or a pension scheme without a right of repurchase, in an institution of supplementary pension insurance in accordance with § 479 of the ASVG or in a pension scheme designed according to § § 479 of the Swiss Insurance Act (ASVG) 173 (2) of the WTBG, pursuant to Section 50 (3) of the RAO, pursuant to Section 41 (4) of the salary-cash act 2002 or into a foreign pension scheme (par. 2 Z 4), the eligibility is to be converted again into an infestation amount. This shall be calculated in the case of a contribution-oriented undertaking, taking into account the pro-rata gains and the pro rata technical gains or losses up to the date of the transfer, in accordance with the same rules of calculation used in the case of the Calculation of the incalculable amount at the end of the employment relationship was to be used. "

(12) The following sentences are added to § 5 (4):

" In the event of a severance payment after the first sentence, it may be agreed between the pension fund and the employee until the end of the period of twelve months after the end of the employment relationship that the first sentence of § 5 (3) of the first sentence is free of contributions. is to be converted into an amount of infestation and to be found. For the calculation of the inconspicuity amount, section 5 (3) of the last sentence shall apply in accordance with the provisions. "

Article 5 (5) reads as follows:

" (5) The employee may, after having been informed in accordance with § 19b PKG and § 18k VAG, transfer the non-falseability amount in accordance with paragraph 1a from the pension fund into an occupational collective insurance. provided that the employer has already completed an occupational collective insurance in accordance with § 6a. "

14. In accordance with § 5, the following § 5a together with the heading is inserted:

" Change to Occupational Collective Insurance in the upright employment relationship

§ 5a. (1) The employee may, if this is provided for in the collective agreement, in the operating agreement or in the contract model and who has already completed an occupational collective insurance pursuant to § 6a, after demonstrable information in accordance with § 19b PKG and § 18k VAG from the year in which he/she 55. In writing, the employer must declare that he/she is a member of the pension fund and his/her employer/employer. In the following calendar year, in lieu of contribution to the pension fund, the payment of premiums at the same level to the collective insurance scheme shall be made in the future. The pension fund has a total of 1. To transfer to the collective insurance company the fictitious amount of infestation due at the time of the declaration of the worker (s) in the following calendar year. The fictitious amount of inconspicuity shall be calculated on the basis of the same rules of calculation on the basis of the calculation of the inconspicuity amount at the time of termination of the employment relationship.

(2) The declaration of the worker in accordance with paragraph 1, first sentence, must be up to 31. In October of a calendar year, the employer/in and the pension fund will enter into the company, so that the premium payment is entered into the company collective insurance and the transfer of the inconspicuity amount to the 1. January of the following calendar year shall take effect.

(3) If the employee has made his/her own contributions, he/she shall, in the case of a disposition pursuant to paragraph 1 above, have been made available from 1. In the following calendar year, premiums of the same amount shall be paid into the company's collective insurance scheme.

(4) The employee may demand a change to the company collective insurance according to paragraph 1 as well as a change to the pension fund according to § 6e paragraph 1 only once in each case. At any rate, the change to the company's collective insurance is irrevocable with the entry of the power case. "

Section 6a (1) Z 2 reads as follows:

" 2.

the right to benefit, including, in particular, the rights of the insured person; the amount of the premiums to be paid by the employer and, in the case of a contribution-oriented agreement with the insurance undertaking, in terms of amount or in the case of fixed-income insurance undertakings. In addition, in the case of contributory agreements, variable premiums may be set up to the level of the premiums to be paid by the employer/by the employer, or, if the case is The employer/employer for the benefit of a premium for employees from at least 2 vH of the current pay, variable premiums in fixed relation to one or more operational measures within the meaning of Section 1 Z 2a up to the amount of the amount of the above from § 4 paragraph 4 Z 2 lit. a EStG 1988; the obligation of the employer/employer to adjust the premium in the event of the occurrence of additional cover requirements; "

16. According to Article 6a (1) (2), the following Z 2a is inserted:

" 2a.

the variable premium performance, which is based on variable premium performance: an operational measure is a traceable and generally accessible operating economic, tax or tax law, or company law measure, which takes into account the particular branch of the holding, the specific object, the size and scope of the holding, and the general operating risk of this holding; the agreement of several key figures per holding or the agreement of a measure that is proportionally composed of several key figures , shall be admissible; "

17. § 6a para. 4 penultimate and last sentence reads:

" For the duration of a Karenz within the meaning of the MSchG or the VKG, an educational karence according to § 11 AVRAG, as well as an exemption against the payment of the remuneration in accordance with § § 12, 14a or 14b AVRAG, the employee/in his/her premiums can in the past Continue to pay the amount or take over the premiums of the employer. If, as a result of a reduction in the normal working time in accordance with § § 13, 14, 14a or 14b AVRAG or part-time employment in the sense of the MSchG or VKG, the premiums of the employer are reduced, the worker/his/her premiums can be reduced. in the previous amount, or for the duration of the working time reduction, also the apportion premiums of the employer/employer. "

18. § 6c (2) Z 2 reads:

" 2.

the transfer of the infestation amount in accordance with paragraph 1 into the pension fund or into a body within the meaning of § 5 Z 4 PKG or into an occupational collective insurance or into a group pension insurance of a new employer/s or in a pension insurance without a right of repurchase, in an institution of the supplementary pension insurance in accordance with § 479 of the ASVG or in a pension scheme designed according to § 173 para. 2 of the German WTBG (WTBG), pursuant to § 50 (3) RAO or in accordance with section 41 (4) of the salary-cash act 2002, if the (a) worker in the case of a transfer is an employee or a benefit; "

19. According to Section 6c (2) Z 2, the following Z 2a is inserted:

" 2a.

the transfer of the inconspicuity amount in accordance with paragraph 1 to an occupational collective insurance or to a pension fund or to a body within the meaning of § 5 Z 4 PKG, in which the employee already has a premium-free insurance or an uncase may be incurred if the new employer/employer does not intend to enter into a collective insurance scheme or a pension scheme for the employee; "

20. § 6c (3) reads:

" (3) If the employee does not give an explanation of the use of his/her claim within six months, the insurance company shall be included in a premium-free insurance policy (para. 2 Z 1). If the employee is required to transfer his/her claim to the pension fund or to a facility within the meaning of § 5 Z 4 PKG, in a company collective insurance or in a group pension insurance a new employer or a pension scheme without a right of repurchase, in an institution of supplementary pension insurance in accordance with § 479 of the ASVG or in a pension scheme designed according to § § 479 of the Swiss Insurance Act (ASVG) Article 173 (2) of the WTBG, pursuant to section 50 (3) of the RAO or pursuant to § 41 (4) of the Pension Act 2002 or into a foreign pension scheme (par. 2 Z 4), the cover is to be transferred. "

21. In Section 6c (4), the quote " 1a " by quoting " 1 " replaced and the following sentence added:

" In the event of a severance payment after the first sentence, it may be agreed between the insurance undertaking and the worker (s) until the end of the twelve months after the end of the employment relationship that the first sentence of Article 6c (3) of the first sentence of Article 6c (3) of the contract is to be converted and found again in an inconspicuity amount according to § 6c (1) of the premium free insurance. "

22. In Section 6c (5), the word order shall be "The worker can" through the phrase "The employee can, according to proof of information, according to § 19b PKG and § 18k VAG" replaced and after the word "Infalsibility" the phrase "in accordance with paragraph 1" inserted.

23. In accordance with § 6d, the following § 6e with headline is inserted:

" Change to the pension fund in the upright employment relationship

§ 6e. (1) The employee may, if this is provided for in the collective agreement, in the operating agreement or in the contract model and the employer has already concluded a pension fund contract in accordance with § 15 PKG, according to demonstrable Information according to § 18k VAG and § 19b PKG as of the year in which he/she 55. The employer and/or the employer shall declare in writing that the employer/employer has the right to: 1. The payment of contributions at the same level to the pension fund shall be made in January of the following calendar year in place of the premium performance in the collective insurance scheme. The insurance undertaking has 1. To transfer to the pension fund the amount of infestation pursuant to Section 6c (1) of the declaration of the employee/employee in the following calendar year.

(2) The declaration of the worker in accordance with paragraph 1, first sentence, must be up to 31. In October of a calendar year, the employer/in the insurance company and the insurance company enter into the pension fund and the transfer of the inconspicuity amount to the first. January of the following calendar year shall take effect.

(3) If the employee has made his/her own premiums, he/she shall, in the case of a disposition as referred to in paragraph 1 above, have been made available from 1. to make contributions to the pension fund at the same level for the following calendar year.

(4) The employee may require a change to the pension fund as defined in paragraph 1 as well as a change to the company collective insurance in accordance with § 5a (1), in each case only once. At any rate, the change to the pension fund is irrevocable with the entry of the power case. "

24. According to Article 11 (1), the following paragraph 1a is inserted:

" (1a) The securities cover referred to in paragraph 1 may be subject to claims arising out of a cover insurance scheme concluded by the employer (s) and subject to § 14 (7) EStG 1988 in the extent resulting from this provision. is to be credited. "

Section 11 (4) reads as follows:

" (4) The securities referred to in paragraph 1 shall be for the purpose of covering pension provisions for direct benefit commitments with a credit institution duly authorised to carry out such activity in accordance with Directive 2006 /48/EC true. In any event, the securities referred to in paragraph 1 shall be held separately from any further securities depots held by the employer/employer at the same credit institution. "

26. § 20 (3) reads:

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

27. In accordance with Article V (9), the following paragraphs 10 and 11 are added:

" (10) Former employees who are entitled to a non-contributory application at the closing date of 31 December 2012 may, by 30 June 2013, write the new conversion of the deposit into an infestation amount and its Demand compensation if:

1.

the non-contributory amount converted into a non-contributory claim in accordance with § 5 (1a) at the time of termination of the employment relationship as defined in § 1 (2) and (2a) of the PKG at the time of termination of the employment relationship has not exceeded the amount in force in force,

2.

the amount of inconspicuity which has recently been determined after the conversion of this qualifying period does not exceed the amount of the PKG in accordance with Article 1 (2) and (2a) of 31 December 2012; and

3.

The employee is not entitled to demand the transfer of this entitlement in accordance with Section 5 (3), second sentence.

(11) Former employees for whom a premium-free insurance is to be held at the closing date of 31 December 2012 may, by 30 June 2013, have to be converted into an infestation amount and the severance payment thereof. if:

1.

the amount of indisputable amount converted into premium-free insurance in accordance with Section 6c (1) at the time of termination of the employment relationship as defined in Article 1 (2) and (2a) of the PKG at the time of the termination of the employment relationship it has not exceeded the amount in each case,

2.

the amount of inconspicuity which has recently been determined after the conversion of this qualifying period does not exceed the amount of the PKG in accordance with Article 1 (2) and (2a) of 31 December 2012; and

3.

The worker (s) may not require the transfer of this insurance pursuant to § 6c (3), second sentence. "

(28) In accordance with Article VI (1) (10), the following Z 11 is added:

" 11.

§ 1 para. 5, § 2 Z 1, § 3 para. 1 first sentence and Z 2 and Z 2a and paragraph 4 penultimate and last sentence, § 5 paragraph 1 second sentence and subsection 1a Z 2 and subsection 2 Z 2 and Z 2a and para. 3 and paragraph 4 penultimate and final sentence and paragraph 5, § 5a with title, § 6a (1) (2) and (2) (2) and (4) penultimate and final sentence, § 6c (2) (2) and (2a) and (3) to (3) to (5), § 6e, including the title, § 11 (1a) and (4), Article 20 (3), Article V (10) and (11) and Article VI (2) (2) (3) of the Federal Law BGBl. I n ° 54/2012 are 1. Jänner 2013 in force. Section 5 (1), second sentence, applies only to employment relationships, the contractually agreed beginning of which is after 31 December 2012. "

29. In Article VI (2) (3), the word order shall be "Labour and Social Affairs" through the phrase "Labour, Social Affairs and Consumer Protection" replaced.

Article 4

Amendment of the Economic Scatter Trade Act

The Economic Scattering Trade Act, BGBl. I n ° 58/1999, as last amended by the Federal Law BGBl. I n ° 58/2010, is amended as follows:

1. In accordance with § 173 (5), the following paragraph 5a is inserted:

" (5a) In the event of termination of full membership of the Chamber of Economic Scatterers, the former Member may transfer the Guthabens collected on the pension account as defined in paragraph 6 to a pension fund or a body in the Sense of § 5 Z 4 Pensionskassengesetz, BGBl. No 281/1990, into an occupational collective insurance or group pension insurance of a new employer, in an institution of the supplementary pension insurance in accordance with § 479 of the General Social Insurance Act (ASVG), BGBl. No 189/1955, or in a pension scheme pursuant to § 50 (3) of the Lawyers ' Code (RAO), RGBl. No. 96/1868. In the event of the commencement of full membership of the Chamber of Economic Scatterers, the ordinary member may transfer the infestation amounts according to § § 5 or 6c of the Law on the Established of the Business Act, BGBl. No 282/1990, or an amount arising from the establishment of supplementary pension insurance in accordance with § 479 of the ASVG or a pension scheme pursuant to section 50 (3) of the RAO in the precautionary institution pursuant to paragraph 2. The more detailed provisions for the transfer or transfer shall be laid down in the Statute. "

2. In accordance with § 227 (7), the following paragraph 8 is added:

" (8) § 173 (5a) in the version of the Federal Law BGBl. I No 54/2012 shall enter into force 1. Jänner 2013 in force. "

Article 5

Amendment of the Rules of Lawyers

The law of law, RGBl. No. 96/1868, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

In accordance with Section 50 (3), the following paragraph 3a is inserted:

" (3a) In the event of the erasure of the entitlement to the exercise of the legal profession, or-insofar as it is incorporated into the pension scheme provided for under the capital-ceiling procedure in the respective statutes-the erasure shall be deleted from the the list of lawyers may transfer his credit from the pension scheme designed after the capital recovery procedure to another supply facility, which is now open to him, in particular in a pension fund or a body within the meaning of § 5 Z 4 PKG, in company collective insurance or group pension insurance of a new employer or in a supply and support facility for self-employed workers. The more detailed rules for the transfer shall be laid down in the statutes in question. "

Article 6

In-force pedals of the amendment to the rules of law

" § 1. Section 50 (3a) in the version of the Federal Law BGBl. I No 54/2012 shall enter into force 1. Jänner 2013 in force. "

Article 7

Amendment of the salary collection law 2002

The Salary Collection Act 2002, BGBl. I n ° 154/2001, as last amended by the Federal Law BGBl. I n ° 58/2010, is amended as follows:

1. In accordance with § 41 (5), the following paragraph 6 is added:

" (6) In the event of termination of the membership of the pay fund, the former member may transfer the credit accumulated on the pension account as defined in paragraph 4 to a pension fund or a body within the meaning of § 5 Z 4 Pension fund law, into a company collective insurance or group pension insurance of a new employer, into an establishment of the additional pension insurance in accordance with § 479 of the General Social Insurance Act (ASVG), BGBl. No 189/1955, or in a pension scheme pursuant to § 50 (3) of the Lawyers ' Code (RAO), RGBl. No. 96/1868. In the case of the beginning of the membership of the payroll, the member can transfer the infestation amounts in accordance with § § 5 or 6c of the Operating Law Act (BPG), BGBl. No 282/1990, or an amount arising from the establishment of supplementary pension insurance in accordance with Section 479 of the ASVG, in respect of the pension provision pursuant to paragraph 4. The more detailed rules for transfer or transfer shall be laid down in the Directives. "

2. In accordance with § 74 (13), the following paragraph 14 is added:

" (14) § 41 (6) in the version of the Federal Law BGBl. I No 54/2012 shall enter into force 1. Jänner 2013 in force. "

Fischer

Faymann