Labour Law Amendment Act, 2011 - Sräg 2011

Original Language Title: Sozialrechts-Änderungsgesetz 2011 – SRÄG 2011

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122. Federal Law, with which the General Social Security Act, the Industrial Social Security Act, the Farmers-Social Insurance Act, the General Pension Act, the Official-Health and Accident Insurance Act, the The Social Security Supplementary Act, the Employment Insurance Act 1977, the Labour Market Service Act and the Construction Workers-Schlechtwetterentschädigungsgesetz 1957 (Social Rights Amendment Act 2011-SRÄG 2011)

The National Council has decided:

table of contents

Art. Subject matter

1

Amendment of the General Social Insurance Act

2

Amendment of the Industrial Social Insurance Act

3

Amendment of the Farmers-Social Security Act

4

Amendment of the General Pensions Act

5

Amendment of the Staff Regulations-Health and Accident Insurance Act

6

Amendment of the Social Security Supplementary Act

7

Amendment of the 1977 Unemployment Insurance Act

8

Amendment of the Labour Market Service Act

9

Amendment of the construction worker-Schlechtwetterentschädigungsgesetz 1957

Article 1

Amendment of the General Social Insurance Act (76). Novelle to the ASVG)

The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I No 52/2011 shall be amended as follows:

1. In § 11 para. 3 lit. b becomes after the expression "§ 29o VBG" the expression "or according to similar national regulations" inserted.

2. In § 79c (1), first sentence, the expression "after 133" by the expression "according to § 133" replaced.

(3) The second and third sentences are deleted in § 81a.

4. In § 95 (1) the expression "§ 284 (7)" by the expression "§ 284 Z 1" replaced.

5. In § 222 (2) (2) (2), the lit. a and b the names "(b)" and "c)" .

6. § 222 (2) (2) (2) (2) before the lit. b the following lit. a inserted:

" (a)

Vocational rehabilitation measures (§ 276e), "

7. In § 222 (3), after the expression " 1 Z 2 lit. A " the expression "and paragraph 2 Z 2 lit. a" inserted.

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 b is repealed.

9. In § 251a (1), second sentence, after the expression "§ 270a" the expression "and section 361 (1) last sentence" inserted.

10. In § 264 (5) Z 1, the expression " 1 " by the expression " 1 and 1a " replaced.

11. § 273 (2) and (3) are:

" (2) If the conditions laid down in paragraph 1 do not exist, the insured person shall be deemed to be incapable of work even if, as a result of her physical or mental condition, she is no longer able to do so by an activity which is still on the labour market. , and which it may be possible to consider, with due regard for the activities carried out by the Commission, to acquire at least half of the remuneration which a person insured physically and mentally and regularly carries out through such a person Work to achieve this.

(3) Section 255 (3a) and (3b) and (4) to (7) shall apply accordingly. "

12. According to § 276d, the following § 276e with headline is inserted:

" Occupational Rehabilitation, Claim

§ 276e. Insured persons are entitled to vocational rehabilitation measures (§ 303) if they fulfil the conditions for the full pension (§ 279 (1)) as a result of their state of health (§ 279 (1)), or if they are likely to fulfil the requirements of the future Time will be fulfilled. Section 253e (1), second and third sentences, as well as (2) to (6), shall apply accordingly. "

13. In § 279 (1) (1) (1), before the expression "§ 253e (1) and (2)" the expression "§ 276e in conjunction with" inserted.

14. In § 302 (1) Z 3, the term " "Z 1 and 2" by the expression "Z 1 to 2" replaced.

15. Section 306 (1), last sentence, shall be based on the following expression: "§ 270a" the expression "or in accordance with § 276e" inserted and the expression "from the date of the benefit of these rehabilitation measures" by the expression "from the reference date for the performance of the performance (section 223 (2))" replaced.

16. § 324 (4) reads:

" (4) Paragraph 3 shall also apply in cases where a person entitled to a pension pursuant to Section 21 (1) of the Penal Code or pursuant to Section 179a of the Penal Code at the expense of the Federal Government in an institution or body is accommodated in such a way that the amount recognised by the transfer of benefits is due to the Federal Government. This amount may be paid by the insurance institution directly to the institution or body in which the person entitled (pensions) is accommodated. "

(17) In § 441e, the following paragraph 2a is inserted after paragraph 2:

"(2a) The objective control system referred to in paragraph 1 shall, in any event, also include administrative cost objectives, specifically for each social security institution and the main body."

18. In Section 446 (1) (1) (1), after the expression "have been," the expression "whose creditworthiness is deemed to be unquestionable," inserted.

19. In § 446 para. 1 penultimate sentence, after the word "Bonity" the expression "of Member States of the EEA as well as" inserted.

20. § 459g shall be preceded by the following heading:

"SECTION VIIIc"

21. Section III of the Ninth Part reads:

" SECTION III

Transfer of benefits and services of the Pension Institute for Transport and Public Services

A special increase in the amount of grants

§ 480. Persons who are entitled to a grant from the performance-oriented system of the pension institution on 31 December 2011 (Section V of the Statute 2006, Revelation No. 139/2005, as amended by the Council's declaration No 27/2009). under the Internet address www.avsv.at), a special increase in the meaning of Section 248 (5), which is to be provided by the competent pension insurance institution (§ 29) according to the following measures, should be replaced by this grant:

1.

The amount of the special rate of increase shall be equal to the amount of the grant benefit paid by the eligible person as at 31 December 2011 to the extent of the pension or survivor's pension.

2.

By way of derogation from § 108h, the special increase shall be multiplied by that factor, which entails only an increase of 50% compared with the multiplication with the adjustment factor.

The pension institution has to issue a communication on the date of 31 December 2011, which is the special increase.

A special increase in the amount of subsidies on grant benefits

§ 481. Persons who are entitled to a grant from the performance-oriented system of the pension institution on December 31, 2011 shall be entitled to a special increase in the meaning of § 248 in the event of benefit in case of performance. Paragraph 5, which shall be provided by the competent pension insurance institution (§ 29) in accordance with the following measures:

1.

The amount of the initial amount for the particular increase amount shall be equal to the level of the pension allowance for the regular retirement age (§ 253), which the eligible person in an assumed power fall shall be at 31 December 2011 in terms of its statutes.

2.

The contributions to higher insurance, which are to be based on the calculation of the initial amount for the special increase amount, must be made by the pension institution to the insurance institution; § 77 para. 2, second sentence, shall not apply.

3.

The appreciation of the contributions to Z 2 shall be effected in accordance with Section 248 (4) in such a way that the date on which the contributions to higher insurance are paid shall be the date of their transfer by the pension institute.

4.

By way of derogation from § 108h, the special increase shall be multiplied by that factor, which entails only an increase of 50% compared with the multiplication with the adjustment factor.

The pension institution shall have a decision on the starting date of 31 December 2011 for the special increase in the amount of the special increase.

Transfer of capital to the insurance institution

§ 482. The capital of the pension institution which, pursuant to § 481, remains in accordance with the technical balance sheet as at 31 December 2011 for the purpose of covering the claims and entitlements from the performance-oriented system, is-with the exception of the Transfer to the competent insurance institutions by 30 November 2012 at the latest, as a result of the vacations, completion and administration costs.

Contribution-oriented system

§ 483. (1) From 1. January 2012 the Pensionsinstitut has to proceed exclusively in a contribution-oriented way. The scope of the contributory system is determined in accordance with § 38 of the Statutes in 2006 in the 1st of December. Jänner 2011 version. The obligation to provide contributions shall end with the expiry of 31 December 2013.

(2) From 1. Jänner 2012 may not effectively establish a lien against the assets of the pension institution for the provision of claims arising from the performance-oriented system under Section V of the Statutes in 2006 in the version in force on 31 December 2011. Execution will be carried out. "

(22) § 625 (8) to (15) shall be repealed.

23. In the heading to § 656, the term " "to the federal law" by the expression "on Art. 1 of the Federal Law" replaced.

23a. In § 658 (1) (1) (1), the expression "17 (1)" by the expression "17 (5)" replaced.

(24) The following paragraph 9 is added to § 658:

" (9) Contributions which have been paid in accordance with § 607 (12), first sentence, fifth indent, in order to take account of replacement periods pursuant to Section 116 (1) Z 1 of the GSVG and Section 107 (1) of the BSVG as contribution months, are the insured person or the person who is responsible for the to the extent to which eligible survivors are to be reimbursed by the insurance institution responsible for payment, as the consideration of these replacement periods as a contribution month does not occur. The refund shall be reimbursed by the Office within one year of the entry of the legal force of the decision on the award of the benefit. The contributions are to be assessed according to their chronological storage with the recovery factors (§ 108 (4)) as of the date of the awarded performance. With the refund, all claims and allowances based on the contribution direction shall be extinguissed. "

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

" Resolution of the Pension Institute for Transport and Public Institutions

§ 662. The Pension Institute for Transport and Public Facilities will be dissolved by 31 December 2014. The board of directors has 1. January 2014 to wind up the assets as well as the rights and liabilities of the pension institution. The details of the implementation of the dissolution and its legal consequences will be governed by a separate federal law to be adopted by 1 July 2013 at the latest.

Final provisions on Art. 1 of the Federal Law BGBl. I No 122/2011 (76). Novelle)

§ 663. (1) It shall enter into force:

1.

with 1. Jänner 2012 § § 81a, 95 (1), 324 (4), 441e (2a), 446 (1) and 658 (9), as amended by the Federal Law BGBl. I No 122/2011;

2.

retroactively with 1 July 2011 § 264 (5) (1) (1) as amended by the Federal Law BGBl. I No 122/2011;

3.

Retroactive with 1. January 2011 § § 11 para. 3 lit. b, 79c para. 1, 222 para. 2 and 3, 251a para. 1, 273 para. 2 and 3, 276e including the title, 279 para. 1 Z 1, 302 para. 1 Z 3, 306 para. 1 as well as the headlines to the § § 459g and 656 in the version of the Federal Law BGBl. I No 122/2011.

(2) There shall be no force:

1.

with expiry of 31 December 2011 § 625 (8) to (15);

2.

Retroactive effect with expiry of 31 December 2010 § 223 para. 1 Z 2 lit. b.

(3) The administrative cost objectives according to § 441e paragraph 2a for the calendar year 2012 shall be decided by the carrier conference until 31 March 2012 and with the Federal Minister for Labour, Social Affairs and Consumer Protection and the Federal Minister for Health ,

(4) By way of derogation from § 108h (1), first sentence, in the calendar year 2012 only those pensions which do not exceed the amount of € 3 300 per month shall be multiplied by the adjustment factor. If the pension is monthly

1.

more than € 3 300 up to € 5 940, it is to be increased by a percentage that decreases linearly between the above-mentioned values from 2.7% to 1.5%;

2.

more than € 5 940, it is to be increased by 1.5%.

In any case, a special increase (§ 248) is to be multiplied by the adjustment factor. "

Article 2

Amendment of the Industrial Social Insurance Act (38. Novelle to GSVG)

The Industrial Social Security Act, BGBl. No 560/1978, as last amended by the Federal Law BGBl. I No 52/2011 shall be amended as follows:

1. § 26a:

" § 26a. The contribution basis for the insured persons according to § 3 paragraph 3 Z 1 lit. a, 2 and 4 is the amount of € 1,560,98, the contribution basis for the insured persons according to § 3 (3) (3) (3) (3) is the transitional allowance. Basis of contribution for which according to § 3 paragraph 3 Z 1 lit. b pflicht-insured training service employees are 133% of the monthly salary, the grade of service, the recognition premium, the monthly premium, the application remuneration, the training premium, the journal service remuneration and the foreign training allowance according to the Heeresoll Act 2001. The amount of the amount referred to in the first sentence shall be replaced by 1. Jänner of each year, for the first time from 1. January 2012, the amount multiplied by the respective utilization number (§ 47) on the basis of § 51. "

(2) In § 35, the following paragraph 4a is inserted:

" (4a) Credit in the contribution account must be paid out at the request of the insured person on the basis of § 41. A credit is to be understood as any credit on the contribution account of the insured person, such as, for example, an overpayment, a post-survey, a remuneration in the context of the multi-insurance compensation pursuant to section 35b (5) or a Refund in accordance with § 36 arises. If, in the case of the joint advance for the months of contributions of a calendar quarter as referred to in paragraph 2, there is a credit balance in the contribution account of the insured person, the amount due in that calendar quarter shall be: amounts to be deducted from the balance. A contribution debt which is still outstanding after the settlement remains due on the expiry of the second month of the current calendar quarter, a balance remaining after the settlement (the remainder of the credit reservation) shall be payable at the request of the insured person. to be paid. "

(3) In § 35c of the first sentence, after the word "Section" the expression "as well as § 86 (Costing of costs)" inserted.

4. In § 43a, the second and third sentences are deleted.

5. In § 129 (1), second sentence, after the expression "§ 131" the expression "and § 194 Z 2 lit. a" inserted.

6. In § 145 (5) Z 1 the expression " 1 " by the expression " 1 and 1a " replaced.

7. In § 164 (1), second sentence, the expression "from the date of the benefit of these rehabilitation measures" by the expression "from the date of the performance of the performance (Section 113 (2))" replaced.

8. § 185 (4) reads:

" (4) (3) shall also apply in cases where a person entitled to a pension is housed in an institution or body pursuant to Section 21 (1) of the Penal Code or in accordance with Section 179a of the Penal Code at the expense of the federal government, in such a way that the amount recognised by the transfer of benefits is due to the federal government. This amount may be paid by the insurance institution directly to the institution or body in which the person entitled to the pension is housed. "

9. In § 194 Z 2 lit. a becomes the word "also" by the expression "or on the determination of the incapacity to work according to § 133a priority" replaced.

10. In § 218 (1) (1) (1), after the expression: "have been," the expression "whose creditworthiness is deemed to be unquestionable," inserted.

11. In § 218 (1) penultimate sentence, after the word "Bonity" the expression "of Member States of the EEA as well as" inserted.

11a. § 229f in the version of the Federal Law BGBl. I n ° 102/2010 shall be given the name "§ 229g" .

12. In the heading to § 337, the expression " Art. 1 " by the expression " Art. 2 " replaced.

13. The following paragraph 8 is added to § 339:

" (8) Contributions which have been paid in accordance with § 298 (12), first sentence of the fifth indent, in order to take account of replacement times in accordance with Section 116 (1) (1) of this Federal Act and Section 107 (1) (1) (1) of the BSVG as contribution months, are the insured person or to reimburse the eligible survivors to the extent of the insurance carrier subject to the obligation to pay, as the consideration of these replacement periods as a contribution month does not occur. The refund shall be reimbursed by the Office within one year of the entry of the legal force of the decision on the award of the benefit. The contributions are to be assessed according to their chronological storage with the recovery factors (§ 108 para. 4 ASVG) at the reference date of the awarded performance. With the refund, all claims and allowances based on the contribution direction shall be extinguissed. "

14. In accordance with § 341, the following § 342 and title are added:

" Final provisions on Art. 2 of the Federal Law BGBl. I No 122/2011 (38). Novelle)

§ 342. (1) It shall enter into force:

1.

with 1. Jänner 2012 § § 35 (4a), 35c, 43a, 185 (4), 218 (1) and 339 (8) in the version of the Federal Law BGBl. I No 122/2011;

2.

retroactively with 1 July 2011 § 145 paragraph 5 Z 1 in the version of the Federal Law BGBl. I No 122/2011;

3.

Retroactive with 1. January 2011 § § 26a, 129 (1), 164 (1), 194 Z 2 lit. a and the title to § 337 in the version of the Federal Law BGBl. I No 122/2011.

(2) By way of derogation from § 50 (1), first sentence, in the calendar year 2012, only those pensions which do not exceed the amount of € 3 300 per month shall be multiplied by the adjustment factor. If the pension is monthly

1.

more than € 3 300 up to € 5 940, it is to be increased by a percentage that decreases linearly between the above-mentioned values from 2.7% to 1.5%;

2.

more than € 5 940, it is to be increased by 1.5%.

In any case, a special increase (§ 141) is to be multiplied by the adjustment factor. "

Article 3

Amendment of the Farmers ' Social Security Act (38). Novelle to the BSVG)

The farmers social security law, BGBl. N ° 559/1978, as last amended by the Federal Law BGBl. I No 52/2011 shall be amended as follows:

1. § 23a reads:

" § 23a. Contribution basis for the following § 4a Z 1 lit. a, 2 and 4 Mandatory insured persons shall be the amount of 1 560,98 € , the contribution basis for the mandatory insured persons under § 4a Z 3 is the transitional allowance. Basis for the contribution to which according to § 4a paragraph 1 Z 1 lit. b pflicht-insured training service employees are 133% of the monthly salary, the grade of service, the recognition premium, the monthly premium, the application remuneration, the training premium, the journal service remuneration and the foreign training allowance according to the Heeresoll Act 2001. To the place of the amount referred to in the first sentence occurs from 1. Jänner of each year, for the first time from 1. January 2012, the amount multiplied by the respective utilisation number (§ 45) in accordance with § 47. "

2. In § 41a, the second and third sentences are deleted.

3. In § 120 (1), second sentence, after the expression "§ 122" the expression "and § 182 Z 3 lit. a" inserted.

4. In § 136 (1) Z 1 and 2, the expression " the 65. (60) Life Year " in each case by the expression " the 65. (60) Life Year " replaced.

5. In § 136 (5) Z 1 the expression " 1 " by the expression " 1 and 1a " replaced.

6. In section 156 (1) last sentence, the expression "from the date of the benefit of these rehabilitation measures" by the expression "from the deadline for performance determination (section 104 (2))" replaced.

Section 173 (4) reads as follows:

" (4) (3) shall also apply in cases where a person entitled to a pension is housed in an institution or body pursuant to Section 21 (1) of the Penal Code or in accordance with Section 179a of the Penal Code at the expense of the federal government, in such a way that the amount recognised by the transfer of benefits is due to the federal government. This amount may be paid by the insurance institution directly to the institution or body in which the person entitled to the pension is housed. "

8. In § 182 Z 3 lit. a becomes the word "also" by the expression "or on the determination of the incapacity to work according to § 124a" replaced.

9. In § 206 (1) (1) (1), after the expression: "have been," the expression "whose creditworthiness is deemed to be unquestionable," inserted.

10. In § 206 (1) penultimate sentence, after the word "Bonity" the expression "of Member States of the EEA as well as" inserted.

11. The following paragraph 8 is added to § 329:

" (8) Contributions which have been paid in accordance with § 287 (12), first sentence, fifth indent, in order to take account of replacement periods pursuant to Section 116 (1) Z 1 of the GSVG and Article 107 (1) (1) (1) of this Federal Act as a contribution month, are the insured person or to reimburse the eligible survivors to the extent of the insurance carrier subject to the obligation to pay, as the consideration of these replacement periods as a contribution month does not occur. The refund shall be reimbursed by the Office within one year of the entry of the legal force of the decision on the award of the benefit. The contributions are to be assessed according to their chronological storage with the recovery factors (§ 108 para. 4 ASVG) at the reference date of the awarded performance. With the refund, all claims and allowances based on the contribution direction shall be extinguissed. "

12. In accordance with § 331, the following § 332, together with the title is added:

" Final provisions on Art. 3 of the Federal Law BGBl. I No 122/2011 (38). Novelle)

§ 332. (1) It shall enter into force:

1.

with 1. January 2012 § § 41a, 136 (1) Z 1 and 2, 173 (4), 206 (1) and 329 (8) in the version of the Federal Law BGBl. I No 122/2011;

2.

retroactively with 1 July 2011 § 136 (5) Z 1 in the version of the Federal Law BGBl. I No 122/2011;

3.

Retroactive with 1. January 2011 § § 23a, 120 para. 1, 156 para. 1 and 182 Z 3 lit. a in the version of the Federal Law BGBl. I No 122/2011.

(2) By way of derogation from § 46 (1), first sentence, in the calendar year 2012, only those pensions which do not exceed the amount of € 3 300 per month shall be multiplied by the adjustment factor. If the pension is monthly

1.

more than € 3 300 up to € 5 940, it is to be increased by a percentage that decreases linearly between the above-mentioned values from 2.7% to 1.5%;

2.

more than € 5 940, it is to be increased by 1.5%.

In any case, a special increase (§ 132) is to be multiplied by the adjustment factor. "

Article 4

Amendment of the General Pensions Act (8). Novelle to the APG)

The General Pension Act, BGBl. I n ° 142/2004, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. In Section 16 (7), the number shall be: "404" by the number "404.49" replaced.

2. In Appendix 5, after the expression: "10,85 ......... 454" the expression "11 ......... 454" and after the expression "13,65 ......... 468" the expression "13,80 ......... 469" inserted.

3. In accordance with § 23, the following § 24 shall be added together with the heading:

" Final determination on Art. 4 of the Federal Law BGBl. I No 122/2011 (8) Novelle)

§ 24. Section 16 (7) and Annex 5 in the version of the Federal Law BGBl. I No 122/2011 shall be retroactive with 1. Jänner 2011 in force. "

Article 5

Amendment of the Official Health and Accident Insurance Act (38. Novelle to B-KUVG)

The Civil And Accident Insurance Act, BGBl. No 200/1967, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. In § 22b (1), first sentence, the expression "§ 20 para. 1 and 2 iVm § 22 para. 1" by the expression " § 20 sec. 1 iVm § § 22 (1), 20 (2), 20a (1) (1) (1) and (20c) (1) (e) resets.

2. The second and third sentences are deleted in § 27a.

Section 121 (4) reads as follows:

" (4) Paragraph 3 shall also apply in cases where a person entitled to a pension pursuant to Section 21 (1) of the Penal Code or in accordance with Section 179a of the Penal Code is housed in an institution or body at the expense of the federal government, in such a way that the amount recognised by the transfer of benefits is due to the federal government. This amount may be paid by the insurance institution directly to that institution or institution in which the person entitled to the pension is accommodated. "

4. In § 152 (1) (1) (1), after the expression: "have been," the Ausdruc k "whose creditworthiness is deemed unquestionable," inserted.

5. In § 152 (1) penultimate sentence, after the word "Bonity" the Ausdruc k "of Member States of the EEA and" inserted.

6. According to § 228, the following § 229, together with the title, is added:

" Final determination on Art. 5 of the Federal Law BGBl. I No 122/2011 (38). Novelle)

§ 229. § § 22b para. 1, 27a, 121 (4) and 152 (1) in the version of the Federal Law BGBl (Federal Law Gazette). I No 122/2011 shall enter into force 1. Jänner 2012 in force. "

Article 6

Amendment of the Social Security Supplementary Act

The Social Security Supplementary Act, BGBl. No 154/1994, as last amended by the Federal Law BGBl. I n ° 101/2007, is amended as follows:

1. In § 1 (1) (1) (1), the expression "Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community," 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. § 1 (1) (2) (2) the expression Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families who are members of the Community; and emigrate, " 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 social security systems" replaced.

(3) In § 1 (1), the point at the end of Z 7 shall be replaced by a reticle; the following Z 8 to 10 shall be added:

" 8.

"Main Association"

the main association of Austrian social insurance institutions;

9.

"access point"

the access point referred to in Article 1 (2) (lit). a of the implementing Regulation;

10.

"connection point"

the liaison body referred to in Article 1 (2) lit. b of the Implementing Regulation.

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

" (2) According to an agreement, a person who, by virtue of his self-employment, would be subject to the legislation of both States Parties shall be subject only to the legislation of the Contracting State in which he or she is subject: in the case of Austria, this person shall be treated in the same way as Austria's responsibility as if he were to pursue his entire self-employment in the territory of Austria and to obtain all of his income there. "

5. § § 3 to 6 together with the headings are:

" Retroactive Re-determination of Claims

§ 3. Article 87 (6) of the Regulation must be applied in such a way that applications pursuant to Article 87 (5) of the Regulation, which are made only after the two years referred to in this provision, are subject to retroactive re-determination with the commencement of the application of that Regulation. Regulation.

Connection Point

§ 4. (1) The main association shall be the liaison body for sickness, accident and pension insurance, as far as it is carried out by the social insurance institutions combined with the main body. In this function, he has all the rights and obligations arising from the social security laws against these social security institutions.

(2) The main body shall also be the liaison body for the social security schemes not covered by paragraph 1, provided that it is referred to in Article 3 (1) (1). a to g of the Regulation are to be covered and established by federal law. It is concerned with this task in the field of action transferred and is bound by the instructions of the competent chief administrative body.

(3) Whether and to what extent the main body for state-of-the-art legal entities of social security systems established by Article 3 (1) (lit). a to g of the Regulation are registered, acting as a liaison office, is governed by national law.

(4) The main body is also a liaison body for private entities of social security systems established by Article 3 (1) (lit). a to g of the Regulation. It is concerned with this task in the field of action transferred and is bound by the instructions of the competent chief administrative body.

(5) The Main Association may, within the framework of its function as a liaison body, close, amend or terminate additional agreements pursuant to Article 9 of the Implementing Regulation. He concerned this task, insofar as matters relating to (2) to (4) are concerned, in the field of action transferred, and is bound by the instructions of the competent chief administrative body.

(6) The Main Association has its organisation as liaison body under the eGovernment Act, BGBl. I n ° 10/2004, as well as the provisions relating to the civil service, Federal Business Service Portal according to the corporate service portal law, BGBl. No 52/2009, in such a way as to ensure that different requirements or instructions in accordance with paragraphs 2 to 5 do not affect the activities of the institutions which are not affected by this. In the course of his work as a liaison office, he is a service provider according to § 4 Z 5 of the Data Protection Act 2000, BGBl. I n ° 165/1999, for the respective competent institution and not entitled to change the content of the data provided to him in accordance with § 4 Z 11 DSG 2000 or to make decisions on claims. He shall administer sums of money and other means which, in the course of his activity as referred to in paragraph 2 to 5, are to be credited with other institutions, separately from other assets, and shall each year, on the basis of their request, to the respective authorized bodies. Invoice.

(7) The provisions of paragraphs 1 to 6 shall also apply to the activities and/or activities. Rights and obligations of the main association on the basis of agreements.

Access point

§ 5. (1) The main body shall operate the access point for the social security institutions which are merged with it for the purpose of the electronic exchange of data in accordance with Article 78 of the Regulation and Articles 2 to 4 of the Implementing Regulation.

(2) The main body also operates the access point for other legal entities established by federal law. It is concerned with this task in the field of action transferred and is bound by the instructions of the competent chief administrative body.

(3) Whether and to what extent the main association also acts as an operator of the access point for legally established legal entities of social security systems is governed by state law provisions.

(4) The main body also operates the access point for private legally established legal entities of social security schemes. It is concerned with this task in the field of action transferred and is bound by the instructions of the competent chief administrative body.

(5) The main organisation shall be the operator of the access point, in particular responsible for:

1.

the establishment and operation of the access point (including the preparation of general information material and general training documents);

2.

the establishment and operation of the interface for the central national exchange of data,

3.

the establishment and operation of the interface for the central European exchange of data in accordance with the Regulations;

4.

the supervision of the national entries in the publicly accessible database in accordance with Article 88 (4) of the Implementing Regulation (Master Directory),

5.

the Representation of Austria to the European Union within the framework of the Electronic Data Exchange of Information on Social Security (EESSI).

(6) Data transfers to the access point are subject to the use of the corresponding structured electronic documents (SED) in accordance with Art. 1 para. 2 lit. (c) and (d) of the implementing regulation only electronically (Article 1 para. 2 lit. (e) to implement the implementing regulation.

(7) The Federal Minister for Labour, Social Affairs and Consumer Protection may, in agreement with the relevant Federal Minister of the Federal Republic of Germany, be responsible for the following benefits in accordance with the Federal Minister for Labour, Social Affairs and Consumer Protection in accordance with the provisions of the Regulation (b) establish coordination bodies on which the data transfers to or from the access point take place, unless otherwise due to the lack of visibility of the structure of the sector, the risk of incorrect addressing of the SEDs from the other Member States, and thus an increased Coordination requirements for the main association can be created:

1.

unemployment benefits;

2.

Family benefits,

3.

Care allowance,

4.

Services of special schemes for civil servants, as defined in Article 3 (1) (1). c bis e of the Regulation,

5.

Services to occupational groups which are exempt from compulsory insurance in accordance with § 5 of the GSVG or a similar provision.

(8) Whether and to what extent law-holders of social security systems established by national law are also set up in accordance with the provisions of the law of the country.

(9) The main body shall establish the technical specifications for electronic data transmission via the access point and publish it in such a way as to ensure that changes remain comprehensible in the long term and that the current status of the system is maintained. is easy to determine. Where it is active in the field of action transferred, it shall be bound by the instructions of the competent governing body responsible for the establishment of technical specifications. The main association has its organisation as an access point under the eGovernment Act and within the framework of the provisions on the civil service and/or the civil service. To establish and guide the Federal Company Service Portal according to the Corporate Service Portal Act in such a way that different requirements according to paragraphs 1 to 4 and 8 do not work for the other institutions that are not affected by this damage. In the course of his work as an access point, he is a service provider according to § 4 Z 5 DSG 2000 for the respective factually responsible institution and not entitled to change the content of the data submitted to him or to make decisions on claims.

(10) If the necessary data are to be exchanged electronically in accordance with an agreement, the provisions of paragraphs 1 to 9 shall apply accordingly.

Cost replacement

§ 6. (1) In the case of the activity as a liaison office or as an access point, the main association, insofar as it is not already paid for the institution concerned within the scope of the association fee (§ 454 ASVG), shall provide cost-covering expense rates.

(2) The amount of the proceeds shall contain a reasonable proportion of the costs of the delivery (including a complete repayment of those expenses incurred by the requirements of individual carriers and not also for the use of are necessary by other institutions, in particular because of the non-execution of coordination centres) and each for two calendar years in advance on the basis of the frequency of use in the last calendar year and in accordance with the actual date of use Expenditure should be included; financing costs should be included. Future changes in the provision and/or usage expenses, which are already foreseeable, must be taken into account in determining the cost rate. Flat-rate payments may be made on the basis of the type and extent of use. Where coordination centres are established, the settlement shall be carried out by the main body through the coordinating body. The use of the liaison office and the access point may be made subject to the payment of the cost rates.

(3) In order to act as a coordinating body in accordance with Article 5 (7), the institutions concerned shall be required to provide such services in accordance with the principles laid down in paragraph 2.

(4) The amount of the expenses shall be determined by the Federal Minister for Labour, Social Affairs and Consumer Protection in agreement with the Federal Minister of the Federal Republic of Germany in each case, after consultation of the main association by regulation. This Regulation shall, by way of derogation from paragraph 2, specify the rates of cost for the first calendar year on the basis of estimates based on previous expenditure in comparable matters. "

6. The previous § 6b shall be named "§ 8b" and the heading "Increased age-old spension according to an agreement" and shall be inserted in accordance with § 8a.

7. § 7 together with the headline is:

" Subsidiary competent institution

§ 7. (1) If, in accordance with the Regulation or the Implementing Regulation, a Regional Sickness Insurance Fund is responsible for insurance, the local authority cannot, however, under the Austrian legislation, on the basis of the data available in each case, not , it shall be responsible for the local authority:

1.

the Regional Health Insurance Fund, which was responsible for the last insurance in Austria (in the case of several simultaneous insurance relationships, the District Health Insurance Fund with the highest level at the time of the fixing requirements). the contribution basis), or

2.

if there was no insurance in Austria, the District Health Insurance Fund, which was responsible for the last major or secondary residence in Austria (for several residential seats, the District Health Insurance Fund, which was responsible for the place of residence, on which the the person concerned has spent the most part of the year), or

3.

if, using the data stored by the main association pursuant to § 31 (4) (3) of the ASVG, a main or secondary residence in Austria, also using the data set out in accordance with the Reporting Act 1991, Federal Law Gazette (BGBl). No 9/1992, existing data (Section 360 (6) of the ASVG) is not to be determined, the Vienna Regional Sickness Insurance Fund.

(2) If an Austrian pension insurance institution is responsible under the Regulation or the implementing regulation, it is not possible, on the basis of the data available in each case, to have specific competence under Austrian legislation. , the pension insurance institution shall be responsible.

(3) An Austrian Accident Insurance Institution is responsible under the Regulation or the Implementing Regulation, but it cannot, on the basis of the data available in each case, be responsible for the specific competence under Austrian law. , the General Accident Insurance Institution is responsible for this.

(4) According to the Regulation or the implementing regulation, an Austrian legal entity is responsible for the reimbursement of costs for the provision of care services, but can, on the basis of the data available in each case, be subject to the specific responsibility for the reimbursement of care benefits. The pension insurance institution shall be responsible for the application of Austrian legislation.

(5) The Main Association shall, by means of directives (Article 31 (5) (25) of the ASVG), make more detailed provisions with the aim of distributing the financial burden referred to in paragraph 1 (1) (1) and (2) as far as possible on all territorial health insurance funds. Contributions and expenses arising from a competence under subsection (1) (3), (2) and (3) shall be made by the main body on all eligible insurance institutions in accordance with the number of their insured persons (including: Members and other protected persons). Up to amounts of less than € 10 000 per insurance branch and calendar year may be waivedowing to minor nature. At the request of the Vienna Regional Sickness Insurance Fund for cases referred to in paragraph 1 Z 3, the pension insurance institution for cases referred to in paragraph 2 or the General Accident Insurance Institution for cases referred to in paragraph 3, the carrier conference (§ 441d ASVG) may, with the consent of the In accordance with Section 31 (5) (25) of the ASVG, a different distribution shall be decided upon in the guidelines. The carrier conference (taking into account the de minimis limit after the third sentence) shall, at the request of the affected area health insurance fund, decide, with their consent, to adopt such a divergent distribution if, instead of or in addition to, a It would have been the responsibility of another health insurance institution to have a health insurance fund.

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

8. In § 7a (4), third sentence, the term " "the Austrian social insurance institution" .

9. § 8 together with headline reads:

" Calculation of the pension according to a bilateral agreement

§ 8. (1) According to a bilateral agreement, provision is made for the Austrian pension to be calculated in those cases where there is a claim only by aggregation of periods of insurance, in accordance with the national law provided for in that case, the competent Austrian institution shall calculate the performance, applying the Regulation, in the version entered into force for Austria on 1 May 2010, the periods of insurance of the other Contracting State concerned, such as insurance periods of another Member State of the European Union.

(2) By way of derogation from paragraph 1, child-raising periods must be taken into account only in accordance with the Austrian legislation in the calculation of benefits. "

10. In accordance with § 8, the following § 8a and title shall be inserted:

" Severance

§ 8a. If there is no entitlement to an Austrian pension due to non-fulfilment of the waiting period, the Austrian insurance periods shall be determined by another State under an agreement or the Regulation for the calculation of the benefit according to the provisions of the Legislation is not entitled to compensation in accordance with Section 269 (1) (1) of the ASVG, § 148a (1) (1) GSVG, § 139a (1) (1) BSVG or § 59 NVG. "

11. According to § 9i, the following § 9j is inserted:

" § 9j. (1) It shall enter into force:

1.

with the monthly sergeon after the proclamation of the Federal Law BGBl. 1 (1) (8) to (10) and § § 2 (2), 5 to 7, 7a (4), 8a, 8b and 10 in the version of the Federal Law BGBl. I No 122/2011, § 5, however, in accordance with the provisions of Z 2;

2.

with 1 May 2012 or a subsequent date of entry into force of EESSI, as determined in accordance with the third subparagraph of Article 95 (1) of the Implementing Regulation, the obligations of the Main Association pursuant to § 5 of the Federal Law BGBl Act. I No 122/2011;

3.

retroactively with 1 May 2010 § 1 (1) (1) (1) and (2) as well as § § 3, 4 and 8 in the version of the Federal Law BGBl (Federal Law Gazette). I No 122/2011.

(2) In cases where Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 continue to apply, this Federal Law shall continue to apply in the version in force on 30 April 2010.

(3) § 3 in the version in force on 30 April 2010 shall continue to apply to those persons to which this provision was applied on that date, with the place of the references to Articles 28 and 28a of Regulation (EEC) No 1408/71, which shall apply to the persons referred to in Article 3 (3) of Regulation (EEC) No 1408/71. References to Articles 24 and 25 of Regulation (EC) No 883/2004.

(4) The main association has the Federal Minister for Labour, Social Affairs and Consumer Protection up to six months before the end of the transitional period provided for in Article 95 (1) of the Implementing Regulation on the date of technical availability and the To report on the operational readiness of electronic cross-border data exchange. "

12. § 10 shall be preceded by the following heading:

"Full Education"

13. § 10 Z 1 reads:

" 1.

as regards Section 7a of the Federal Minister of Health; "

14. In § 10 Z 2, the expression "Federal Minister for Labour and Social Affairs" by the expression "Federal Minister for Labour, Social Affairs and Consumer Protection" replaced.

Article 7

Amendment of the 1977 Unemployment Insurance Act

The Unemployment Insurance Act 1977, BGBl. N ° 609, as last amended by the Federal Act BGBl. I No 52/2011 shall be amended as follows:

1. In § 26 (3), the term " "§ 12 para. 6 lit. a, b, c, d or e" by the Ausdruc k "§ 12 para. 6 lit. a, b, c, d, e or g" replaced.

(2) The following paragraphs 3 and 4 are added to § 34:

" (3) The right to pension insurance as referred to in paragraph 1 shall be entitled to an insurance period. Persons born after 31 December 1954 shall be entitled to an insurance period in the pension insurance scheme under the General Pension Act (APG), BGBl. I No 142/2004. Persons who are before the 1. Born in January 1955, they are entitled to a replacement period in the pension insurance scheme.

(4) For each person who acquires a replacement period in the pension insurance in accordance with paragraph 3, for each day of such claim, an amount of 22.8 vH of the average daily rate of the emergency assistance of the previous year shall be the amount of the amount of the repayment. According to § 617 (3) of the ASVG, transfer to the main association of Austrian social insurance institutions. "

Section 44 (1) reads as follows:

"(1) The responsibility of the regional offices of the Labour Market Service (hereinafter referred to as" regional offices "in the other provisions) and the Landesoffices of the Labour Market Service (in the other provisions" Landesoffices ") )

1.

where the rights and obligations of the employer are concerned, after the seat of the establishment;

2.

where the rights and obligations of the unemployed person are affected, their place of residence, the lack of any such person in accordance with their habitual residence; after termination of the payment of a benefit under this Federal Act, the previous jurisdiction remains even if the place of residence or usual place of residence is changed, in particular with regard to the revocation or the recovery of benefits, until a new claim is made. "

4. The following paragraphs 117 to 119 are added to § 79:

" (117) § 34 (3) and (4) in the version of the Federal Law BGBl. I No 122/2011 shall enter into force 1. Jänner 2011 in force.

(118) § 26 (3) in the version of the Federal Law BGBl. I No 122/2011 shall enter into force on 1 July 2011.

(119) § 44 (1) in the version of the Federal Law BGBl. I No 122/2011 shall enter into force 1. Jänner 2012 in force. "

Article 8

Amendment of the Labour Market Service Act

The Labour Market Service Act, BGBl. No. 313/1994, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. In § 25 (1), first sentence, and (2), (5) and (6), the term " "Federal Ministry of Economics and Labour" in each case by the expression "Federal Ministry of Labour, Social Affairs and Consumer Protection" replaced.

2. In Section 25 (1), the following Z 9 shall be added after Z 8:

" 9.

Data on the migration background:

a)

former foreign nationality (s),

b)

(former) entitlement (s) in the health insurance of minors as nationals of (former) foreign nationals. "

3. The following sentence shall be added to section 25 (2):

" Data submitted by the institutions of the social security system in accordance with paragraph 1 Z 9 may be transferred from the Labour Market Service and from the Federal Ministry of Labour, Social Affairs and Consumer Protection for the purposes of sustainable labour market integration of these Person Group is processed. "

(4) The following paragraph 26 is added to § 78:

" (26) § 25 (1), (2), (5) and (6) in the version of the Federal Law BGBl. I No 122/2011 shall enter into force 1. Jänner 2012 in force. "

Article 9

Amendment of the construction worker-Schlechtwetterentschädigungsgesetz 1957

The Construction Workers-Bad Weather Compensation Act 1957, BGBl. N ° 129, as last amended by the Federal Law BGBl. I n ° 147/2009, shall be amended as follows:

1. In § 20, the term " "2007 to 2011" by the expression "2007 to 2014" replaced.

(2) The following paragraph 7 is added to § 19:

" (7) § 20 in the version of the Federal Law BGBl. I No 122/2011 shall enter into force 1. Jänner 2012 in force. "

Fischer

Faymann