Labour Law Amendment Act, 2011 - Sräg 2011

Original Language Title: Sozialrechts-Änderungsgesetz 2011 – SRÄG 2011

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997839/sozialrechts-nderungsgesetz-2011--srg-2011.html

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122. Federal law be changed with the General Social Insurance Act, the commercial social security law, the farmers social insurance law, the general pension law, the officials-sick and accident insurance Act, the social security Amendment Act, the unemployment insurance law of 1977, the labour market Service Act and builders bad weather compensation law 1957 (Labour Law Amendment Act, 2011 – SRÄG 2011)

The National Council has decided:

Contents art.  Subject 1 amendment to the General Social Security Act 2 amendment of the commercial Social Security Act 3 amend the farmers Social Insurance Act 4 amending the general pension law 5 change of officials-sick and accident insurance Act 6 amendment to the social security supplement Act 7 amendment to the unemployment insurance Act 1977-8 change of the labour market Service Act 9 amendment to the construction workers bad weather Compensation Act 1957 article 1

Change of the General Social Insurance Act (76. amendment to the ASVG)

The General Social Security Act, Federal Law Gazette No. 189/1955, as last amended by Federal Law Gazette I no. 52/2011, is amended as follows:

1 in § 11 ABS. 3 lit. b is inserted after the expression "section 29o VBG" the expression "or similar state regulations".

2. in the section 79c para 1 first sentence the expression "after 133" by the expression "according to § 133" replaced.

3. in section 81a of the second and third movements are eliminated.

4. in the section 95, paragraph 1, the expression "§ 284 paragraph 7" the expression is "§ 284 Z 1" replaced.

5. in § 222 para 2 get 2 Z the lit. a and b the designations b) and c).

6. in § 222 para 2, no. 2 is the pre-lit. b following lit. a is inserted: 'a) measures of vocational rehabilitation (§ 276e),' 7. In § 222 para 3 is after the expression "para 1 subpara 2 lit. a"the expression"and para 2 subpara 2 lit. a"inserted.

8 § 223 para 1 subpara 2 lit. b is repealed.

9. in article 251a para 1 second sentence is after the expression 'article 270a' the expression "and Section 361, para 1 last sentence" added.

10. in section 264 paragraph 5, the term "Paragraph 1" by the expression is replaced Z 1 "paragraphs 1 and 1a".

11 § 273 par. 2 and 3 are:

"(2) the criteria do not exist according to para 1, so the insured person shall also be deemed berufsunfähig, if it is no longer able as a result of their physical or mental condition by an activity that is still rated in the labour market, and which can reasonably be expected to you cheaper considering the activities carried out by it, to acquire at least half of the fee , which maintains regularly achieving a physically and mentally healthy insured person by such an activity.

(3) § applies 255 par. 3a and 3B, and para 4 through 7."

12. after section 276d, 276e the following paragraph and heading shall be inserted:

"Occupational rehabilitation, claim

§ 276e. Insured persons are entitled to measures of vocational rehabilitation (Section 303) if them due to their health condition the prerequisites for the full Board of the associations (§ 279 section 1) meet, probably meet or meet any time soon. § 253e para 1 is second and third sentences, as well as paragraph 2 to 6 apply mutatis mutandis."

13. in the article 279, paragraph 1 Z 1 is before the expression "section 253e para 1 and 2" the expression "§ 276e in connection with" inserted.

14. in the section 302, paragraph 1, the expression "Z 1 and 2" is replaced by the expression "Z 1-2" Z 3.

15 last sentence in § 306 para 1 is inserted after the expression "article 270a' the expression"or according to § 276e"and the expression"from the date of service attack of these rehabilitation measures"replaced by the expression"as the date for the performance assessment (§ 223 para 2)".

16 paragraph 324 paragraph 4:

"(4) section 3 is to apply mutatis mutandis also in cases in which a renten(pensions)berechtigte person is housed according to article 21, paragraph 1, of the criminal code or section 179a of the Penal Execution Act at the expense of the Federal Government in a facility or institution, so that the amount covered by the transfer of the claim to the Federal Government. The insurance carrier can pay off immediately this amount at that institution or facility, where the renten(pensions)berechtigte person is accommodated."

17. in section 441e, after paragraph 2, the following paragraph 2a is inserted:

(2a) which has 1 target control system according to contain any case management cost targets, and separately for each insurance carrier and the Association.

18. in the article 446, paragraph 1 Z 1 is inserted "were," the expression "whose creditworthiness is considered beyond reasonable doubt exists," according to the expression.

19 in the article 446, paragraph 1 penultimate sentence after the word "Credit" is the expression "Member States of the EEA as well as" inserted.

20 459 g following heading is preceded by section:

"Section VIIIc"

21 section III of the ninth part is as follows:

"SECTION III

Transfer of benefits and entitlements under the pension Institute for traffic and public facilities

Particular amount of increment for grant services

§ 480 individuals who have claim to a grant from the defined benefit system of the pension Institute on December 31, 2011 (section V of the Statute in 2006, announcement no. 139/2005 in the version of the announcement no. 27/2009, published under the Internet address www.avsv.at), deserves a special amount of increment in the sense of § 248 par. 5, which is to be provided by the competent pension insurance institution (§ 29) accordance with the following stipulations instead of this grant performance : The amount of the special increase corresponds to the extent of that quiet enjoyment or survivor's benefit from supply grant performance that deserves the qualifying person to 31 December 2011 shall 1.

2. the specific amount of the increment is to multiply 108 h with that factor, which takes only an increase of 50% compared to the multiplication by a factor of adjustment by way of derogation from §.

The special amount of increase in, the pension Institute has to issue a notice to the balance sheet date December 31, 2011.

Special increase amount for entitlements to grant benefits

§ 481. individuals who have an entitlement to a grant to perform the defined benefit system of the pension Institute on December 31, 2011, a special amount of increment in the sense of § 248 par. 5, which is to be provided by the competent pension insurance institution (§ 29) accordance with the following stipulations to place this entitlement paid: 1 the amount of output for the specific amount of the increase is equivalent to the extent that quiet enjoyment grant power to the standard pension age (article 253) , which had articles deserves the beneficiaries (entitled) person in an adopted paid to December 31, 2011.

2. the contributions to the supplementary insurance, consider that the assessment of the initial amount for the specific amount of the increment are, are by the pension institution to the insurance carrier; § 77 para 2 second sentence is not applicable.

3. the appreciation of the contributions after Z has to be carried out, according to § 248 par. 4 2 that applies when making contributions to the supplementary insurance the day their transfer by the pension institution.

4. the specific amount of the increment is to multiply 108 h with that factor, which takes only an increase of 50% compared to the multiplication by a factor of adjustment by way of derogation from §.

About the starting amount for the specific amount of the increase, the pension Institute has to issue a notice to the balance sheet date December 31, 2011.

Capital transfer to the insurance institution

§ Is 482nd that capital of the pension Institute, which remains, after application of the section 481 in accordance with the technical balance sheet as of December 31, 2011, to cover the claims and entitlements from the defined benefit system - with the exception of vacation, severance and expenses provisions — until no later than November 30, 2012 the competent insurance institution to transfer.

Contribution-based system

Article 483 (1) as of January 1, 2012 has exclusively-oriented contribution to the pension institution. The scope of the defined-contribution system determined according to article 38 of the Statute in 2006 in force on January 1, 2011. The contribution obligation expires at the end of 31 December 2013.

(2) as from 1 January 2012 V of the Statute of 2006 in the 31 December 2011 amended effectively constitutes a lien nor execution be carried can against the assets of the pension institution to recover from claims from the defined benefit system under section."

22 section repeals 625 para 8 to 15.

23. in the heading to article 656, the expression "to the Federal Act" is replaced by the expression "to article 1 of the Federal Act".

23A. In article 658 par. 1 the expression "17 para 1" replaces Z 1 the expression "17 paragraph 5".

24 the following paragraph 9 is added to article the 658:


"(9) contributions have been paid according to § 607, paragraph 12, first sentence, fifth tick mark, so substitute periods under article 116, paragraph 1 Z 1 GSVG and article 107, paragraph 1 1 BSVG as contributory months are taken into account Z, to reimburse the insured person or the beneficiary survivors in the circumference of the debtor insurance institution, when taking into account those spare hours as contributory months will not occur." The reimbursement has officio within one year after the occurrence of the legal force of the decision on the granting of power to be carried out. The contributions are according to their temporal storage with the revaluation factors (§ 108 para 4) as of the date of the granted power to revalue. The refund all rights and permissions based on the payment of the contribution will be invalid."

25. According to § 661 following §§ 662 and 663 with headings are added:

"Resolution of the pension Institute for traffic and public facilities

§ 662. The pension Institute for traffic and public facilities is resolved at the end of 31 December 2014. The Board of Directors has to settle the assets and the rights and liabilities of the pension Institute 1 January 2014. Details about the implementation of the resolution and their legal consequences is by an own, governed until at the latest 1 Federal law July to erlassendes 2013.

Final provisions article 1 of the Federal Act Federal Law Gazette I no. 122/2011 (76. novel)

663. (1) will it take effect: 1 1 January 2012 the SEC. 81a, 95 par. 1, 324 paragraph 4, 441e para 2a, 446 para of 1 and 658 paragraph 9 as amended by Federal Law Gazette I no. 122/2011;

2. retroactive with July 1, 2011 § 264, para 5 No. 1 as amended by Federal Law Gazette I no. 122/2011;

3. § 11 ABS. 3 lit retroactively with January 1, 2011. b, 79c para 1, 222 para 2 and 3, para. 1, 251a 273 par. 2 and 3, 276e including heading, 279 para 1 subpara 1, 302 para 1 Z 3, 306 para 1 as well as the headings to the sections 459 g and 656 in the version of Federal Law Gazette I no. 122/2011.

(2) there are override: 1. upon the expiry of the December 31, 2011 § 625 para 8 to 15;

2. retroactively at the end of December 31, 2010 § 223 para. 1 No. 2 lit. (b).

(3) that 2012 are section 441e para 2a for the calendar year administrative costs targets according to decide until March 31, 2012, the carrier Conference, and agree with the Federal Minister for labour, Social Affairs and consumer protection and the Federal Minister of health.

(4) by way of derogation from § 108h para 1 first sentence 2012 only those pensions, not exceeding the amount of €3 300 monthly, are in the calendar year to multiply with the adjustment factor. Pension is 1 more than 3 €300 up to 5 €940, monthly it is so by a percentage increase, which decreases linearly between the values from 2.7% to 1.5%;

2 she is more than 5 €940, so 1.5% increase.

A special amount of increment (§ 248) is to multiply by a factor of adjustment."

Article 2

Amendment of the commercial law on social insurance (38th amendment to the GSVG)

The commercial Social Security Act, Federal Law Gazette No. 560/1978, as last amended by Federal Law Gazette I no. 52/2011, is amended as follows:

1. paragraph 26a:

'Article 26a. Contribution basis for according to § 3 para 3 subpara 1 lit. a, 2 and 4 obligatory is the amount of €1 560,98, contribution based on the according to § 3 para 3 Z 3 obligatory transition money. Contribution basis for according to § 3 para 3 subpara 1 lit. b obligatory training service providers are 133% month money, the rank allowance, the recognition award, the monthly premium, the usage fee, the education premium, the journal service remuneration and the exercise allowance after the army fees Act 2001. Of the amount referred to in the first sentence the amount multiplied taking on section 51 with the respective revaluation number (§ 47) is replaced from 1 January of each year, for the first time from January 1, 2012,."

2. in paragraph 35, according to paragraph 4, the following paragraph 4a is inserted:

"(4a) in the post account are to be paid at the request of the insured person taking on section 41. Under a credit balance, each credited to the contribution account of the insured person is to understand how she about emerges b paragraph 5 or a refund of an overpayment, a subsequent assessment, a payment in the context of multiple insurance compensation according to § 35 pursuant to § 36. Balances, consists in the common notices of payment due for the contribution months of calendar quarter pursuant to par. 2 of the insured person's contribution account must be in this calendar quarter due or to refitting amounts with the credit charge. A still open after the settlement post debt is due at the end of the second month of the current calendar quarter, remaining after the settlement balances (rest of the credited) is to be paid at the request of the insured person."

3. in the section 35c first sentence is inserted after the word "Section" the expression "and section 86 (cost-sharing)".

4. in Article 43a, the second and third movements are eliminated.

5. in the section 129, paragraph 1, second sentence after the expression "paragraph 131" is the expression "and section of the 194 subpara 2 lit. a"inserted.

6. in article 145 par. 5, the term "Paragraph 1" by the expression is replaced Z 1 "paragraphs 1 and 1a".

7. in section 164 para 1 second sentence is replaced by the expression "as the date for the performance assessment (§ 113 paragraph 2)" the expression "from the date of service attack of these rehabilitation measures".

8 paragraph 185 paragraph 4:

"(4) section 3 is to apply mutatis mutandis also in cases in which a pensionable person is accommodated according to article 21, paragraph 1, of the criminal code or section 179a of the Penal Execution Act at the expense of the Federal Government in a facility or institution, so that the amount covered by the transfer of the claim to the Federal Government. The insurance carrier can pay off immediately this amount at that institution or facility, where the pensionable person is housed."

9. in paragraph 194, no. 2 lit. a is the word "also" with the expression "or declaration of incapacity for work pursuant to § 133 a priority" replaced.

10. in the section 218, paragraph 1 Z 1 is inserted "were," the expression "whose creditworthiness is considered without doubt available," according to the expression.

11. in the section 218, paragraph 1 penultimate sentence after the word "Credit" is the expression "Member States of the EEA as well as" inserted.

11A. § 229f as amended by Federal Law Gazette I no. 102/2010 is named "§ 229 g".

12. in the heading to § 337, the expression "Article 1" is replaced by "Article 2".

13 the following paragraph 8 is added to § the 339:

"(8) contributions have been paid according to article 298, paragraph 12, first sentence, fifth tick mark, so spare time according to article 116, paragraph 1 Z 1 of this Federal Act and § 107 para 1 BSVG as contributory months are taken into account 1 Z, to reimburse the insured person or the beneficiary survivors in the circumference of the debtor insurance institution, when taking into account those spare hours as contributory months will not occur." The reimbursement has officio within one year after the occurrence of the legal force of the decision on the granting of power to be carried out. The contributions are according to their temporal storage with the revaluation factors (§ 108 para 4 ASVG) to revalue as of the date of the performance approved to. The refund all rights and permissions based on the payment of the contribution will be invalid."

14. According to § 341 342 the following section including headline is added:

"Final provisions to article 2 of the Federal Act Federal Law Gazette I no. 122/2011 (38. Amendment)"

342. (1) it take effect: 1 1 January 2012 the §§ 35 35 c, 43a, paragraph 4a, 185 paragraph 4, 218 paragraph of 1 and 339 paragraph 8 in the version of Federal Law Gazette I no. 122/2011;

2. retroactive with July 1, 2011 § 145, para 5 No. 1 as amended by Federal Law Gazette I no. 122/2011;

3. retroactive with January 1, 2011 the sections 26a, 129 para 1, 164 para 1, 194 subpara 2 lit. a and the heading to § 337 as amended by Federal Law Gazette I no. 122/2011.

(2) by way of derogation, 2012 only those pensions that do not exceed the amount of €3 300 monthly are § 50 para 1 first sentence in the calendar year with the adjustment factor to multiply. Pension is 1 more than 3 €300 up to 5 €940, monthly it is so by a percentage increase, which decreases linearly between the values from 2.7% to 1.5%;

2 she is more than 5 €940, so 1.5% increase.

A special amount of increment (section 141) is to multiply by a factor of adjustment."

Article 3

Amendment to the farmers Social Insurance Act (38th amendment to the BSVG)

The peasants Social Security Act, Federal Law Gazette No. 559/1978, as last amended by Federal Law Gazette I no. 52/2011, is amended as follows:

1. paragraph 23a:


'Article 23a. Contribution basis for the following section 4a No. 1 lit. a, 2 and 4 obligatory is the amount of €1 560,98, contribution basis for the following section 4a is 3 obligatory Z transition money. Contribution basis for according to Article 4a, paragraph 1 subpara 1 lit. b obligatory training service providers are 133% month money, the rank allowance, the recognition award, the monthly premium, the usage fee, the education premium, the journal service remuneration and the exercise allowance after the army fees Act 2001. Takes the place of the amount referred to in the first sentence the amount multiplied in accordance with § 47 with the respective revaluation number (§ 45) from 1 January of each year, for the first time from January 1, 2012,."

2. in section 41a of the second and third movements are eliminated.

3. in the section 120 para 1 second sentence after the expression "§ 122" is the expression "and section of the 182 No. 3 lit. a"inserted.

4 in the section 136, paragraph 1, the expression of ' 65 (60th) year"is replaced by the expression"the age of 65 (60th) year"Nos. 1 and 2.

5. in article 136 par. 5, the term "Paragraph 1" by the expression is replaced Z 1 "paragraphs 1 and 1a".

6 last sentence in the § 156 para 1 is replaced by the expression "as the date for the performance assessment (article 104 para 2)" the expression "from the date of service attack of these rehabilitation measures".

7 paragraph 173 paragraph 4:

"(4) section 3 is to apply mutatis mutandis also in cases in which a pensionable person is accommodated according to article 21, paragraph 1, of the criminal code or section 179a of the Penal Execution Act at the expense of the Federal Government in a facility or institution, so that the amount covered by the transfer of the claim to the Federal Government. The insurance carrier can pay off immediately this amount at that institution or facility, where the pensionable person is housed."

8. in section 182, no. 3 lit. a is the word "also" with the expression "or declaration of incapacity for work pursuant to § 124 a priority" replaced.

9. in the section 206, paragraph 1 Z 1 is inserted "were," the expression "whose creditworthiness is considered without doubt available," according to the expression.

10. in section 206 subsection 1 is penultimate sentence after the word "Credit" the expression "by Member States of the EEA as well as" inserted.

11 the following paragraph 8 is added to § the 329:

"(8) contributions have been paid according to § 287, paragraph 12, first sentence, fifth tick mark, so substitute periods into account according to article 116, paragraph 1 1 GSVG and article 107, paragraph 1 Z Z 1 of this Federal Act as contributory months, are to reimburse the insured person or the beneficiary survivors in the circumference of the debtor insurance institution, when taking into account those spare hours as contributory months will not occur." The reimbursement has officio within one year after the occurrence of the legal force of the decision on the granting of power to be carried out. The contributions are according to their temporal storage with the revaluation factors (§ 108 para 4 ASVG) to revalue as of the date of the performance approved to. The refund all rights and permissions based on the payment of the contribution will be invalid."

12. after section 331, 332 the following section including headline is attached:

"Final provisions article 3 of the Federal Act Federal Law Gazette I no. 122/2011 (38. Amendment)"

332. (1) it take effect: 1 1 January 2012 the articles 41a, 136 para 1 Nos. 1 and 2, 173 paragraph 4, 206 subsection of 1 and 329 paragraph 8 in the version of Federal Law Gazette I no. 122/2011;

2. retroactive with July 1, 2011 § 136 paragraph 5 No. 1 as amended by Federal Law Gazette I no. 122/2011;

3. retroactive with January 1, 2011 the sections 23a, 120 para 1, 156 para 1 and 182 No. 3 lit. (a) in the version of Federal Law Gazette I no. 122/2011.

(2) by way of derogation, 2012 only those pensions that do not exceed the amount of €3 300 monthly are, by article 46, paragraph 1, first sentence, in the calendar year to multiply with the adjustment factor. Pension is 1 more than 3 €300 up to 5 €940, monthly it is so by a percentage increase, which decreases linearly between the values from 2.7% to 1.5%;

2 she is more than 5 €940, so 1.5% increase.

A special amount of increment (paragraph 132) is to multiply by a factor of adjustment."

Article 4

Amending the general pension law (8 short story to the APG)

The General Pension Act, Federal Law Gazette I no. 142/2004, as last amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1. in the section 16, paragraph 7, the number "404" the number is replaced "404,49".

2. in annex 5 is for the phrase "10,85... 454 "the expression '11... 454 "and the expression"13.65... 468 "the expression"13.80... 469 "inserted.

3. after section 23 the following section 24 along with heading is added:

"Final provision to article 4 of the Federal Act Federal Law Gazette I no. 122/2011 (8th Amendment)"

"§ 24 section 16 paragraph 7 and the annex 5 in the version of Federal Law Gazette I no. 122/2011 apply retroactively with January 1, 2011."

Article 5

Change of officers sick and accident insurance Act (38th amendment to the B KUVG)

The officials-sick and accident insurance Act, Federal Law Gazette No. 200/1967, amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1. in section 22b of paragraph 1, first sentence, is the expression "§ 20 para 1 and 2 in conjunction with article 22, paragraph 1" by the expression "§ 20 para 1 in conjunction with § 22 para 1, 20 para 2, 20a para 1 Z 1 and 20 c para 1" replaced.

2. in section 27a, the second and third movements are eliminated.

3. paragraph 121 paragraph 4:

"(4) section 3 is to apply mutatis mutandis also in cases where a pension-eligible person is housed according to article 21, paragraph 1, of the criminal code or section 179a of the Penal Execution Act at the expense of the Federal Government in a facility or institution, so that the amount covered by the transfer of the claim to the Federal Government. The insurance company can pay off immediately that amount at that institution or facility, the person entitled to the pension is housed in the."

4. in § 152 paragraph 1 Z 1 is inserted "were," the expression "whose creditworthiness is considered without doubt available," according to the expression.

5. in § 152 paragraph 1 penultimate sentence after the word "Credit" is the expression "Member States of the EEA as well as" inserted.

6. after section 228, 229 the following section including headline is attached:

"Final provision to article 5 of the Federal Act Federal Law Gazette I no. 122/2011 (38. Amendment)"

Section 229. I no. 122/2011 the articles 22 b 1, 27a, 121 paragraph of 4 and 152 paragraph 1 as amended by Federal Law Gazette 1 January 2012 into force."

Article 6

Amendment to the social security supplement Act

The social security supplement Act, Federal Law Gazette No. 154/1994, amended by Federal Law Gazette I no. 101/2007, is amended as follows:

1. in article 1 par. 1 Z 1 is the expression "Regulation (EEC) No. 1408/71 of the Council on the application of social security schemes to workers, self-employed persons and members of their families within the community to - and migrate," by the expression "Regulation (EC) No. 883/2004 of the European Parliament and of the Council on the coordination of social security systems" replaced.

2. in article 1 par. 1 Z 2 is the expression "Regulation (EEC) No 574/72 of the Council on the implementation of Regulation (EEC) No 1408/71 on the application of the systems of social security for workers, self-employed persons and members of their families within the community to - and migrate," by the expression "Regulation (EC) No. 987/2009 of the European Parliament and of the Council laying down the procedures for the implementation of Regulation (EC) No. 883/2004 on the coordination of the systems" the social security"replaced.

3. in section 1 para 1, the point will be replaced at the end of the No. 7 with a semicolon; following Z 8 to 10 are attached: "8"Association"of the main Association of Austrian social insurance institutions;"

9 'Access point' the access point under article 1 para 2 lit. a of the implementing regulation;

10 "Liaison" the Liaison Office under article 1 para 2 lit. (b) of the implementing regulation.

4. the existing text of § 2 receives the sales designation (1); the following paragraph 2 is added:

"(2) is provided after an agreement that a person who would be subject to the legislation of both contracting parties due to their self-employment, subject to only the legislation of the Contracting Party in which she are habitually resident, that person in a jurisdiction of in Austria is to treat as if she would exert their entire self-employment in the territory of Austria and there their entire income."

5. sections 3 to 6 and headings are:

"Retroactive revision of claims

§ 3 article 87 paragraph 6 of that regulation is to apply, that also applications under article 87 para 5 of the regulation, that after the two years referred to in that provision be made, the retroactive revision with the date of application of this regulation trigger.

Liaison Office


§ 4 (1) the Association is liaison for the sickness, accident and pension insurance as far as carried out by the social security institutions summarized the main Association. He has all rights and obligations arising from the social security laws of respect of these insurance institutions in this function.

(2) the Association is also liaison for those not under paragraph 1 covered by the social security systems, if they article 3 par. 1 lit. a to g of regulation are recorded and are set by federal law. He worried this task in the borne area of effect and is bound by the instructions of the competent Supreme administrative body.

(3) whether and to what extent the main Association for landesgesetzlich-oriented entities of social security systems, which by article 3, par. 1 lit. a to g of regulation are recorded as Liaison Office operates, aimed according to state regulations.

(4) the Association is also liaison for private-oriented entities of social security systems, which by article 3, par. 1 lit. collected a to g of regulation. He worried this task in the borne area of effect and is bound by the instructions of the competent Supreme administrative body.

(5) the Association may according to article 9 of the implementing regulation conclude complementary agreements in its capacity as liaison body, change, or stop. He worried this task, as far as matters of para 2 to 4 are affected in the borne area of effect and is bound by the instructions of the competent Supreme administrative body.

(6) the Association has its organization as a link to the E-Government Act, Federal Law Gazette I no. 10/2004, as well as in accordance with the provisions of the civil service or corporate service portal of the Federal Government after the corporate service portal Act, Federal Law Gazette I not interfere No 52/2009, to build and maintain that different requirements or instructions given by paragraph 2 to 5 his activity for the thereof not affected institutions. He Z 5 of the data protection act is in the course of its activities as the liaison service providers pursuant to § 4 2000, Federal Law Gazette I no. 165/1999, for the each case objectively competent institutions and not entitled him within the meaning of § 4 Z to change 11 DSG 2000 licensed data or decisions on claims to meet. He broke sums of money and other resources that come to the paragraph 2 to 5 to set off with other sources of him during his occupation after other assets to manage and create invoice the respective authorised bodies annually on their request.

(7) paragraphs 1 to 6 shall apply also for the activities and rights and obligations of the Confederation on the basis of agreements.

Access point

The Association operates § 5 (1) 78 of the regulation and articles 2 to 4 of the implementing regulation for the social security institutions of the access point for the purpose of exchanging electronic data summarized to him under article.

(2) the main Association runs the access point also for other legal entities established by federal law. He worried this task in the borne area of effect and is bound by the instructions of the competent Supreme administrative body.

(3) whether and to what extent the main Association for landesgesetzlich-oriented entities of systems of social security as an operator of the access point is operating, is based on State regulations.

(4) the main Association runs the access point also for private-oriented entities of social security systems. He worried this task in the borne area of effect and is bound by the instructions of the competent Supreme administrative body.

(5) the Association is in particular responsible as operator of the access point for: 1. the establishment and the operation of the access point (including the preparation of General information and general training materials), 2. the establishment and operation of the interface for the central national data exchange, 3. the establishment and operation of the interface for the Central European data exchange in accordance with the regulations, 4. the care of national entries in the publicly accessible database under article 88 para 4 of the implementing Regulation (master directory) , 5. Austria's representation to the European Union in the framework of the electronic data exchange of information of social security (EESSI).

(6) data transfers at the access point are using the appropriate structured electronic documents (SEDS) pursuant to article 1 para 2 lit. c and d of the implementing regulation only electronically (art. 1 para. 2 lit. e of the implementing regulation) perform.

(7) for the completion area of bundesgesetzlicher provisions concerning the following services the Federal Minister for labour, Social Affairs and consumer protection can set each factually responsible federal Minister in agreement with the regulation coordinating bodies, through which the data transfer to or from the access point be made unless otherwise due to the complexity of the structure of this sector the danger of wrong addresses of the SEDs consists of the other Member States and associated an increased need for coordination for the Association can occur : 1. benefits for unemployment, 2. family benefits, 3. carer, 4. services of special schemes for civil servants, which by article 3, par. 1 lit. c collected through e of the regulation, 5. services to professional groups who are excluded according to §5 GSVG or a similar provision of the compulsory insurance.

(8) whether and to what extent also for landesgesetzlich furnished legal entity be established by social security co-ordinating bodies complies with State provisions.

(9) the Federation has to lay down the technical specifications for the electronic transmission of data via the access point and to publish, that changes in the long term remain comprehensible and the current level is easy to find on the Internet. Is he in the transmitted works, so he is bound by the instructions of the competent Supreme administrative body in determining technical specifications. The Federation has under the E-Government Act, and in accordance with the provisions of the civil service or corporate service portal of the Federal Government under the corporate service portal Act to build his organization as the access point and make that different requirements will not affect his activity for the other, which not concerned institutions according to the par. 1 to 4 and 8. He is in the course of its activities as access point service providers pursuant to § 4 Z to change the data passed to it 5 DSG 2000 for the each case objectively competent institutions and not eligible, or to make decisions about claims.

(10) if the data required to Exchange electronically are after an agreement, the paragraphs 1 to 9 shall apply mutatis mutandis.

Reimbursement of costs

For the activity as a link or as a point of access they are not already section 6 (1) Association, as far as the concerned institution within the framework of the Association fee (article 454 ASVG) is paid to pay compensatory cost dentures.

(2) the height of the dentures must include a fair share of the cost of the deployment (including a full payment of those expenses, the requirements of individual vehicles are raised and are necessary even for use by other carriers, especially because not establishment of coordinating bodies) and to set in advance according to the frequency of use in the last calendar year, as well as to the expenses actually incurred for two calendar years; Financing costs are to be included. Future changes in deployment or use expenses that have already been played, are taken into account when determining the cost of replacement. Lump-sum payments can be provided on the type and extent of use. When co-ordinating bodies are established, the clearing of the Central Association of the NSS is to conduct. The use of the interface and the access point may be subject of the payment of the costs of dentures.

(3) for the activity as a co-ordination body according to § 5 paragraph 7 are to make these places by the bodies concerned effort dentures according to the principles of paragraph 2.

(4) the amount of the cost of dentures is by the Federal Minister for labour, Social Affairs and consumer protection in consultation with the respective professional competent Federal Minister after consultation of the main Association by regulation to set. In this regulation the cost dentures for the first calendar year on the basis of estimates on the basis of the previous expenses in comparable matters set. by way of derogation from paragraph 2"

6. the previous section 6 b is labeled "section 8 b" and the heading "Increased retirement pension after an agreement" and is inserted after paragraph 8a.

7 paragraph 7 together with the heading:

'Alternative competent institution


Section 7 (1) is responsible for the regulation or of the implementing regulation a regional health insurance fund for insurance, can the territorial jurisdiction not be determined but under the Austrian legislation based on the existing data, so is locally responsible: 1. the regional health insurance fund, which was responsible with regard to the last insurance in Austria (in several concurrent insurance conditions, the regional health insurance fund with the highest contribution basis present at the time of the finding need) , or 2. If no insurance in Austria was present, the health insurance fund, which was responsible for the last main or secondary residence in Austria (several residences the regional health insurance fund, which was responsible for the residence, where the person concerned most of the year has spent), or 3. If using the main association according to § 31 para 4 Z 3 ASVG stored data a primary or secondary residence in Austria also using after the Registration Act of 1991 , BGBl. No. 9 / 1992, existing data (article 360, paragraph 6 ASVG) is not to determine the Wiener Gebietskrankenkasse.

(2) an Austrian pension insurance institution responsible for the regulation or of the implementing regulation, the specific jurisdiction can not be determined but based on existing data under the Austrian legislation, the pension insurance institution is responsible.

(3) an Austrian accident insurance institutions responsible under the regulation or of the implementing regulation, the specific jurisdiction can not be determined but based on existing data under the Austrian legislation, so the General accident insurance institution is responsible.

(4) an Austrian legal entity for the reimbursement of costs of care in kind is under the regulation or of the implementing regulation, the specific jurisdiction can not be determined but based on existing data under the Austrian legislation, the pension insurance institution is responsible.

(5) the Association has by policy (§ 31 section 5 Z 25 ASVG) qualifiers in order to meet, to distribute the financial burden according to para 1 Nos. 1 and 2 on all area of health insurance companies, if possible. Contributions and expenses resulting Z 3, para 2 and 3 from a jurisdiction referred to in the paragraph 1, are divided by the main Association on all eligible insurers according to the number of insured persons (including relatives and other protected persons). Subject due to insignificance may be waived to amounts of less than 10 €000 per insurance branch and calendar year. At the request of the Vienna regional health insurance fund for cases referred to in paragraph 1 No. 3, the Superannuation Fund for cases according to paragraph 2, or of the General accident insurance institution for cases under paragraph 3 can the carrier Conference (§ 441d ASVG) with the consent of the respective social security institution in the guidelines according to § 31 para 5 Z 25 ASVG decide a different distribution. The carrier Conference has to decide such a different distribution, if instead of or in addition to a health insurance fund an other health insurance carrier would have been responsible (taking into account the de minimis limit after the third movement) at the request of the concerned regional health insurance fund with their consent.

(6) paragraphs 1 to 5 shall apply also for the application of the agreements."

8. in the Section 7a, paragraph 4, third sentence eliminates the expression "of Austrian social security institutions".

9 paragraph 8 together with the heading:

"Calculation of the pension after a bilateral agreement

Section 8 (1) is provided according to a bilateral agreement, that the Austrian pension in those cases where a claim only on the aggregation of insurance periods, is to calculate according to the national law provided for this purpose, the competent Austrian institution has to calculate the performance under application of the regulation for Austria, taking into account of the other Contracting State as periods of insurance of another Member State of the European Union the insurance periods version which entered into force on May 1, 2010.

Child-rearing periods only in accordance with the Austrian legislation in calculating performance are (2) by way of derogation from paragraph 1."

10. after article 8, the following paragraph 8a and heading shall be inserted:

"Compensation

§ 8a. "No entitlement to an Austrian pension due to non-compliance with the latency and the Austrian insurance periods are adopted by another State on the basis of an agreement or regulation for the calculation of the benefit under whose legislation, no entitlement to severance pay is according to article 269, paragraph 1 Z 1 ASVG, section 148a para 1 No. 1 of the GSVG, section 139a para 1 No. 1 BSVG or section 59 NVG."

11. According to article 9i 9j the following section shall be inserted:

"section 9j. (1) enter into force: 1 with the first of the month after the promulgation of the Federal Act Federal Law Gazette I no. 122/2011 article 1, paragraph 1 Z 8 to 10 as well as the § 2 para 2, 5 to 7, 7a para 4, 8a, 8B and 10 as amended by Federal Law Gazette I no. 122/2011, § 5, however after in accordance with no. 2;

2. by 1 may 2012 or if necessary according to article 95 paragraph 1 third subparagraph of the implementing regulation fixed later entry into force date by EESSI the obligations of the main association according to § 5 as amended by Federal Law Gazette I no. 122/2011;

3. retroactive to May 1, 2010 § 1 para 1 Nos. 1 and 2, §§ 3, 4, and 8 in the version of Federal Law Gazette I no. 122/2011.

(2) in cases where regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 next apply, this federal law in force on April 30, 2010 is still apply.

(3) section 3 as amended on 30 April 2010 is that people continue to apply, to which this provision has been applied that day, be replaced by the references to the articles 28 and 28a of Regulation (EEC) the references to articles 24 and 25 of Regulation (EC) No. 883/2004 No. 1408/71.

(4) the Association has the Federal Minister of labour, to report Social Affairs and consumer protection at the latest six months before the expiry of the transitional period under article 95 para. 1 of the implementing regulation on the date of the technical availability and the operational readiness of electronic cross-border data exchange."

12 following heading is preceded by sec. 10:

"Enforcement"

13 paragraph 10 No. 1: "1. with regard to Section 7a of the Federal Minister of health;"

14. in section 10, the expression "Federal Minister for labour and Social Affairs" Z 2 is replaced with the expression "Federal Minister for labour, Social Affairs and consumer protection".

Article 7

Amendment to the unemployment insurance act of 1977

The unemployment insurance Act 1977, BGBl. No. 609, as last amended by Federal Law Gazette I no. 52/2011, is amended as follows:

1. in the section 26, subsection 3 is the expression "§ 12 sec. 6 lit. a, b, c, d or e"by the expression"§ 12 sec. 6 lit. a, b, c, d, e or g"replaced.

2. the section 34 be attached following paragraph 3 and 4:

"(3) the entitlement to pension insurance referred to in paragraph 1 is the right to a period of insurance. People who were born after December 31, 1954, are entitled to a period of insurance in the pension insurance under the General Pension Act (APG), Federal Law Gazette I no. 142/2004 persons who were born before 1 January 1955, are entitled to a spare time in the pension insurance.

(4) for any person who purchases a replacement time in the pension insurance pursuant to par. 3, is for every day of such claims to pay. a sum amounting to 22.8 vH of the average daily rate of the emergency assistance of last year as the amount of compensation pursuant to § 617 3 ASVG in the main Association of Austrian social security institutions"

3. paragraph 44 paragraph 1:

"(1) the jurisdiction of the regional offices of the employment service (hereinafter other provisions"regional offices") and the country offices of the public employment service (hereinafter 'Country offices' other provisions) is 1 as far as the rights and obligations of the employer are affected, according to the headquarters of the operation;"

2. as far as rights and obligations of the unemployed person are affected according to their place of residence, in the absence of such according to their ordinary residence; After the end of the cover of a power under this Federal Act the previous jurisdiction change of domicile or ordinary place of residence, in particular as regards the revocation or even the recovery of services, be preserved so long, until a new claim is made."

4. the section 79 are added following paragraph 117 to 119:

"(117) article 34, par. 3 and 4 as amended by Federal Law Gazette I no. 122/2011 effective with January 1, 2011.

(118) § 26 para 3 as amended by Federal Law Gazette I no. 122/2011 effective with July 1, 2011.

(119) section 44 para 1 as amended by Federal Law Gazette I no. 122/2011 effective with January 1, 2012."

Article 8

Amendment of the labour market Service Act


The labour market Service Act, Federal Law Gazette No. 313/1994, amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1 the term "Federal Ministry for economy and labour" is replaced by the expression "Federal Ministry for labour, Social Affairs and consumer protection" in § 25 para 1 first sentence, and paragraph 2, 5 and 6.

2. § 25 para 1 8 following Z 9 is added to the Z: "(9. Daten über den Migrationshintergrund: a) former foreign nationality(ies), b) (ex-) Anspruchsberechtigung(en) health insurance minors as members of (former) foreign nationals."

3. the following sentence is added to § 25 paragraph 2:

"Data submitted by the institutions of social security referred to in paragraph 1 may be processed No. 9 of the labour market service and the Federal Ministry for labour, Social Affairs and consumer protection personal data for purposes of sustainable labour market integration of this group of persons."

26 the following paragraph is added to § 4. 78:

"(26) § 25 para 1, 2, 5 and 6 in the version of Federal Law Gazette I no. 122/2011 effective with January 1, 2012."

Article 9

Amendment to the construction workers bad weather Compensation Act 1957

The builders-bad weather Compensation Act 1957, BGBl. No. 129, amended by Federal Law Gazette I no. 147/2009, is amended as follows:

1. in article 20, the expression "2007-2011" by the expression is replaced "2007 to 2014".

2 the following paragraph 7 is added to section 19:

"(7) paragraph 20 in the version of Federal Law Gazette I is no. 122/2011 in force on January 1, 2012."

Fischer

Faymann