Amendment Of The Federal Law Of Reference, Of The General Social Security Act, Of Intellectual Property Law On Social Insurance, The Farmers Social Insurance Act And The Unemployment...

Original Language Title: Änderung des Bundesbezügegesetzes, des Allgemeinen Sozialversicherungsgesetzes, des Gewerblichen Sozialversicherungsgesetzes, des Bauern-Sozialversicherungsgesetzes und des Arbeitslosenversicherungs...

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52. Federal Law, with which the Federal Act of the Federal Republic of Germany, the General Social Insurance Act, the Industrial Social Security Act, the Farmers-Social Insurance Act and the Unemployment Insurance Act 1977 will be amended

The National Council has decided:

Article 1

Amendment of the Federal Data Protection Act

The Federal Data Protection Act, BGBl. I No 64/1997, as last amended by the Federal Law BGBl. I n ° 113/2010, shall be amended as follows:

1. § 10 (10) reads:

" (10) For expenses of parliamentary employees within the meaning of the parliamentary employee's co-worker act, remuneration is due in the amount of the actual costs, but at most up to 2% of the initial amount according to § 2 per month. For members of the National Council who are entitled to an increased amount within the meaning of paragraphs 2 and 3, this amount shall be increased by 1% of the initial amount. "

1a. In § 13 (1), first sentence, the word order shall be "The Federal Government has the right to pay or to pay for a reference payment under this Federal Act." through the phrase "The Federation has" replaced.

2. In § 13 (2) the word order shall be "up to the date referred to in paragraph 1" by the word "To date" replaced.

Section 13 (4) reads as follows:

" (4) The amount of the invoice shall be paid in each case for one calendar month, one calendar half-year or one calendar year, at the latest on the last day of the calendar month, calendar half-year or calendar year. If the right to pay or to a reference payment is terminated under this Federal Act, the amount of the invoice shall be paid in the case of monthly benefit within one month, otherwise within three months after the termination date. "

(4) The following paragraph 10 is added to § 21:

" (10) § 13 (1), (2) and (4) and (§ 24) together with the title in the version of the Federal Law BGBl. I No 52/2011 shall enter into force 1. Jänner 2012 in force. "

5. According to § 23, the following § 24 (1) and (2) shall be added together with the title:

" Transitional provision to the Novelle BGBl. I No 52/2011

§ 24. (1) By way of derogation from Section 13 (4), as amended by the Federal Law BGBl. I No 52/2011 shall be subject to an amount of credit for all calendar years prior to 2012 until 31 March 2012 if pension insurance contributions have been paid in these years pursuant to Section 12 (1) and, for those periods, no Amount invoiced in accordance with section 13 (3).

(2) By way of derogation from the percentage of no more than 2%, provided for in Article 10 (10), for expenses of parliamentary staff within the meaning of the parliamentary co-worker act, which arise in 2011, shall be subject to the following conditions: 1% of the initial amount 1% or 0.5% of the initial contribution "

Article 2

Amendment of the General Social Insurance Act

The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I No 24/2011, is amended as follows:

Section 70 (4) reads as follows:

" (4) The paragraphs 1 to 3 are based on the cases of an invoice amount in accordance with § 13 of the Federal Act on the Protection of the Federal Republic of Germany, Federal Law Gazette (BGBl). I No 64/1997. '

Article 91 (1a) of the introduction reads as follows:

" The following remuneration shall be considered to be equal to the earned income from an employment pursuant to paragraph 1, which is based on compulsory insurance, if it is 49% of the initial amount according to § 3 of the Federal Constitutional Law on the limitation of the references of public officials, BGBl. I No 64/1997, exceed : "

(3) In § 248c (1), first sentence, after the word "exercised" the expression "or an amount of credit according to § 13 of the Federal Act on the Federal Republic of Germany" and after the word "Insured" the expression "or the institution pursuant to Section 12 (1) of the Federal Act on the Protection of the Federal Act" inserted.

4. In accordance with § 660, the following § 661 shall be added together with the heading:

" Final determination on Art. 2 of the Federal Law BGBl. I No 52/2011

§ 661. The following shall enter into force:

1.

with 1 July 2011 § 91 paragraph 1a in the version of the Federal Law BGBl. I No 52/2011;

2.

with 1. Jänner 2012 § § 70 (4) and 248c (1) in the version of the Federal Law BGBl. I No 52/2011. '

Article 3

Amendment of the Industrial Social Insurance Act

The Industrial Social Security Act, BGBl. No 560/1978, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. § 60 (1a) Introduction reads:

" The following remuneration shall be considered to be equal to the earned income from an employment pursuant to paragraph 1, which is based on compulsory insurance, if it is 49% of the initial amount according to § 3 of the Federal Constitutional Law on the limitation of the references of public officials, BGBl. I No 64/1997, exceed : "

2. § 127b (4) reads:

" (4) The paragraphs 1 to 3 are based on the cases of an invoice amount in accordance with § 13 of the Federal Act on the Protection of the Federal Republic of Germany, Federal Law Gazette (BGBl). I No 64/1997. '

(3) In § 143 (1), first sentence, after the word "exercised" the expression "or an amount of credit according to § 13 of the Federal Act on the Federal Republic of Germany" and after the word "Insured" the expression "or the institution pursuant to Section 12 (1) of the Federal Act on the Protection of the Federal Act" inserted.

4. In accordance with § 340, the following § 341 shall be added together with the heading:

" Final determination on Art. 3 of the Federal Law BGBl. I No 52/2011

§ 341. The following shall enter into force:

1.

with 1 July 2011 § 60 paragraph 1a in the version of the Federal Law BGBl. I No 52/2011;

2.

with 1. Jänner 2012 § § 127b (4) and 143 (1) in the version of the Federal Law BGBl. I No 52/2011. '

Article 4

Amendment of the Farmers-Social Security Act

The farmers social security law, BGBl. N ° 559/1978, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. § 56 (1a) Introduction reads:

" The following remuneration shall be considered to be equal to the earned income from an employment pursuant to paragraph 1, which is based on compulsory insurance, if it is 49% of the initial amount according to § 3 of the Federal Constitutional Law on the limitation of the references of public officials, BGBl. I No 64/1997, exceed : "

2. § 118b (4) reads:

" (4) The paragraphs 1 to 3 are based on the cases of an invoice amount in accordance with § 13 of the Federal Act on the Protection of the Federal Republic of Germany, Federal Law Gazette (BGBl). I No 64/1997. '

(3) In § 134 (1), first sentence, after the word "exercised" the expression "or an amount of credit according to § 13 of the Federal Act on the Federal Republic of Germany" and after the word "Insured" the expression "or the institution pursuant to Section 12 (1) of the Federal Act on the Protection of the Federal Act" inserted.

4. In accordance with § 330, the following § 331 shall be added together with the heading:

" Final determination on Art. 4 of the Federal Law BGBl. I No 52/2011

§ 331. The following shall enter into force:

1.

with 1 July 2011 § 56 paragraph 1a in the version of the Federal Law BGBl. I No 52/2011;

2.

with 1. Jänner 2012 § § 118b (4) and 134 (1) in the version of the Federal Law BGBl. I No 52/2011. '

Article 5

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 25/2011, shall be amended as follows:

1. In Section 12 (6), the point at the end of the lit. f replaced by a stroke point and the following lit. g is added:

" (g)

who, due to a public function, is subject to an allowance, the amount of which is the judge's sentence in accordance with § 293 (1) (1) (1). a sublit. bb ASVG, plus the insurance contributions to be paid in each case, does not exceed the amount of the pension insurance contributions. "

2. The following paragraph 9 is added to § 15:

"(9) The framework period shall be extended for periods of exercise of a public function and periods of reference for a reference period following the end of a public function."

3. In § 16 (1), according to the lit. a following lit. b inserted:

" (b)

during a reference period after the end of a public function, "

(4) The following paragraph 116 is added to § 79:

" (116) § 12 (6), § 15 (9) and § 16 (1) (lit). b in the version of the Federal Law BGBl. I No 52/2011 shall enter into force on 1 July 2011. '

Fischer

Faymann