102. Federal law amending the General Social Security Act, the Industrial Social Security Act, the Farmers ' Social Insurance Act and the Official Health and Accident Insurance Act (2). Social Security Amendment Act 2010-2. SVÄG 2010)

The National Council has decided:

Article 1

Amendment of the General Social Insurance Act (74). Novelle to the ASVG)

The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I No 64/2010, shall be amended as follows:

1. In § 8 (1) (3) (3), after the lit. l the following lit. m is added:

" m)			Persons with disabilities who are active in the establishments of occupational therapy recognised by the countries; "

2. § 10 para. 2 reads:

" (2) The compulsory insurance of self-employed workers (§ 8 para. 1 Z 3 lit. (a) starts with the day of taking up the duty-insured activity, in the case of persons insured pursuant to § 2 (1) (4) of the GSVG or according to § 3 (1) (2) of the GSVG with the day on which the compulsory insurance in the sick or the sick person is insured. Pension insurance begins after the GSVG. The compulsory insurance of the professional lay judges and the professional lay judges as well as the spoons and jury (§ 8 para. 1 Z 3 lit. k), the participants in retraining, retraining and other training courses, as well as the lecturers in such courses and the volunteers (§ 8 para. 1 Z 3 lit. (c) as well as the members of the bodies of the statutory professional representations and the collective contractual professional associations of the employees and the service providers (§ 8 para. 1 Z 3 lit. (g) shall begin on the date of the commensurate of the activity subject to insurance. "

§ 10 (5), first sentence reads:

" The compulsory insurance of those in § § 4 (1) Z 12 and 8 (1) Z 1 lit. c and e, Z 3 lit. h, i and l as well as Z 4 and 5 persons and persons who are housed in a facility that is used for rehabilitation, health care or occupational therapy (§ 8 para. 1 Z 3 lit. c and m), and the health insurance of the persons referred to in accordance with § 9 shall begin with the entry of the offence which forms the basis of the insurance. "

4. § 12 (1) reads:

" (1) The compulsory insurance of the persons referred to in § 10 para. 2 shall be terminated with the last of the calendar month in which the activity giving rise to the compulsory insurance is abandoned, in the case of the GSVG according to § 2 (1) (4) of the GSVG or in accordance with § 3 (1) Z 2 of the GSVG Persons insured with the day on which the compulsory insurance in the sick or sick person is insured. Pension insurance ends. "

5. § 28 Z 2 lit. i is:

" (i)			which according to § 8 para. 1 Z 3 lit. (c) and m in the accident insurance, persons who are part-insured in a facility that is used for medical rehabilitation, health care or occupational therapy, provided that the social security institution of the farmers is responsible for: it will be lit. a to c of this federal law or according to § 13 BSVG is competent to carry out sickness, accident insurance or pension insurance in factual matters, "

6. § 31 (5) Z 11 reads:

" 11.		on the offsetting of the rates of cost between the health insurance institutions pursuant to § 129 (2); "

7. In Section 31a (4), the point at the end of Z 4 shall be replaced by a line-point and the following Z 5 shall be added:

" 5.		technical support of security measures (e.g. cryptographic keys) in connection with the use of health data (§ 4 Z 2 and 8 DSG 2000). "

8. § 35 (2), first sentence reads:

" In the case of compulsory insured persons pursuant to § 4 (1) (4) (4) and (5), as well as those pursuant to § 8 (1) Z 3 lit. (c) and (m) Insured persons shall be considered to be the institution of the institution in which the training, occupational therapy or placement is carried out, in the case of the compulsory insured persons, in accordance with Article 4 (1) (8), of the insurance providers who provide the vocational training in the case of the in accordance with Article 4 (1) (9), the development aid organisation in which the insured persons are employed or trained as a service provider. "

9. § 43 (1) reads:

" (1) The insured persons as well as the payment (performance) recipients shall be obliged to provide the insurance institution with all for the insurance relationship, for the obligation to pay contributions and for the examination or the enforcement of claims in accordance with § § 332 ff. to provide the relevant information truthfully within 14 days at the latest. "

10. In § 58 (2), the third sentence is replaced by the following sentences:

" The persons assimilated to the homeworkers (§ 4 para. 1 Z 7) owe the contributions themselves and have to pay the contributions to their own risk and costs in their entirety. Recipients of a non-contributor foreign pension (§ 73a) owe the contributions to be paid by this pension in accordance with Section 73a (4) and (5) themselves and have to pay them in their entirety at their risk and expense. "

11. In accordance with § 73, the following § 73a with title is inserted:

" Contributions in the health insurance of foreign pensions comparable to those of domestic pension benefits

§ 73a. (1) If a foreign pension is obtained from the scope of the application

-				Regulations (EC) No 883/2004 on the coordination of social security systems and 987/2009 laying down the procedures for the implementation of Regulation (EC) No 883/2004, or
-				Regulations (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community and 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 or
-				A bilateral agreement on social security, which also includes provisions on health insurance
, if a person entitled to a foreign pension is entitled to sickness insurance benefits, he/she shall also be required to pay a health insurance contribution pursuant to Article 73 (1) and (1a) of this foreign pension. This contribution shall be due at the time when the foreign pension is paid.

(2) The pension insurance institution which has to pay a national pension has to determine at regular intervals whether a pension is referred to in accordance with paragraph 1. It shall determine its level, its components, the paying agency, including any changes, and shall determine the amount of contributions to be paid by the foreign pension. The health insurance institution shall have to be informed of the obligation to pay at the request of the service provider (§ § 409 et seq.). If one or more foreign pensions are obtained, the pension insurance institution shall be responsible for the pension insurance institution in which the pension is due. If more than one pension insurance institution is eligible, the insurance institutions are responsible for the ASVG, the GSVG and the BSVG.

(3) If the foreign pension is related to a domestic pension at the same time, the pension insurance institution paying the national pension shall have the health insurance contribution to be paid for the foreign pension pursuant to para. 1 and 2 of To retain the national pension and to transfer it directly to the responsible health insurance institution.

(4) The sickness insurance contribution to be paid by a foreign pension in accordance with paragraph 1 above shall be the amount of the domestic pension at the same time, unless the foreign pension is covered by the scope of the Regulations (EEC) No 1408/71 and 574/72, and the insured person must be required to prescribe the remaining amount from the competent health insurance institution.

(5) If, in addition to the foreign pension, no domestic pension is obtained, the health insurance institution shall be responsible for the pre-writing of the health insurance contribution to be paid by the foreign pension pursuant to para. 1 and for the collection of the pension/from the Insured persons. The health insurance institution shall be entitled to make the pre-amoration at longer intervals, at least once a year, in order to simplify the administration, in particular in the case of small amounts. The legislation applicable to contributions to compulsory insurance in the health insurance sector shall apply to the health insurance contributions provided for in paragraph 1, unless otherwise specified. "

12. In § 74, the following paragraph 2a is inserted after paragraph 2:

" (2a) The contribution for the according to § 8 para. 1 Z 3 lit. A fixed calendar day-related contribution basis shall be determined by a fixed calendar day, the amount of which shall be determined by the statutes of the Accident Insurance Institution; it must be at least € 2.18 and be the subject of the The maximum contribution basis (§ 45 (1)) does not exceed. The contribution rate shall also be fixed in a uniform manner by the statutes of the institution of the accident insurance in the context of the requirement. "

13. In § 74 (3), the point at the end of the Z 5 is replaced by a line-point and the following Z 6 is added:

" 6.		for which according to § 8 paragraph 1 Z 3 lit. (i) persons who are partially insured and who are active in employment therapy facilities recognised by the countries concerned, by the institution of the institution concerned. "

Section 82 (1) reads as follows:

" (1) Insofar as the insurance institutions, with the exception of the occupational health insurance funds, are involved in the implementation of the accident and pension insurance and the contribution collection according to § 73a with another insurance institution pursuant to this or another federal law They shall receive compensation from the contributions to these insurances in the amount of a hundred of the contributions paid, in order to pay the costs which they derive from them. The further details are regulated by the Federal Minister of Health in agreement with the Federal Minister for Labour, Social Affairs and Consumer Protection; in matters relating to the collection of contributions in accordance with § 73a, the retribution is governed by the regulation of the Federal Minister for Health and Consumer Protection. Federal Minister for Labour, Social Affairs and Consumer Protection, in agreement with the Federal Minister for Health. The amount of the set of hundreds shall be determined on the basis of the results of the cost accounting. No remuneration shall be paid for the collection of additional contributions. "

15. In § 122 (2), the reticle at the end of the Z 3 is replaced by a point; the Z 4 is repealed.

16. § 129 together with headline reads:

" Benefits outside the Sprengel of the responsible health insurance institution

§ 129. (1) If an eligible person is entitled to a service outside the course of the health insurance institution responsible for him/her, then the health insurance institution in whose sprint is the benefit of the benefit is: Obligated to grant benefits in kind from the insurance cases of the disease (§ 117 para. 1 Z 2) and maternity (§ 117 paragraph 1 Z 4) as well as the dental treatment pursuant to § 153 against offsetting of the actually incurred costs without administrative expenses. By way of derogation, the authorization and the assumption of costs of nursing care, remedies, ancillary products and jaw regulations shall be carried out in accordance with the provisions of the competent health insurance provider. The persons and institutions (doctors, pharmacists, etc.) who are in contractual relations with the contracting health insurance institution are, however, also in these cases for performance in accordance with the contracts which apply to them. is committed. All other services as well as reimbursement of expenses and expenses are to be paid to the competent health insurance institution according to its regulations.

(2) The main association may establish guidelines on the offsetting of cost rates between the health insurance institutions. These guidelines are to be published on the Internet. "

17. § 175 (5) Z 3 reads:

" 3.		in the course of the completion of an individual career orientation without integration into the work process to the extent of no more than 15 days per holding and calendar year outside of the teaching periods and the events regulated in § 13b SchUG, provided that: is a pupil in or after the eighth school year and has the consent of the guardian. "

18. In § 181, para. 4, the expression "§ 8 para. 1 Z 3 lit. c" by the expression " § 8 para. 1 Z 3 lit. c and m " replaced.

Section 335 (3) reads as follows:

" (3) In the case of the compulsory insured persons in a training relationship (§ 4 (1) Z 4, 5 and 8) and in the case of the persons insured under § 8 (1) Z 3 lit. c, h, i, l and m in the accident insurance, the application of para. 1 and 2 as well as the § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 8 333 and 334 of the institution of the institution in which the training, institutional childcare or occupational therapy or rehabilitation or preventive health care is carried out, shall be the same as the employer. "

20. In the final part of Section 343 (2), the term " "personally liable" .

21. In § 343d para. 1 Z 3, the expression "a common" by the expression "Each one of the federal states" replaced.

22. In § 347 (1), first sentence, the expression "§ § 345, 345a and 346" by the expression "§ § 344, 345, 345a and 346" replaced.

23. § 347 (2) reads:

" (2) The judges of the state of service and retirement who are active in the commissions in accordance with § § 344, 345, 345a and 346 shall receive compensation, the amount of which shall be paid by the Federal Minister of Justice in agreement with the Federal Minister of Health after hearing of the Austrian Medical Association and of the Main Association. The other members of these commissions perform their duties on a voluntary basis. This provision shall also apply to the alternates of the members of the Commissions in accordance with § § 344, 345, 345a and 346, if they are active in this function. "

24. According to § 459f, the following § 459g with headline is inserted:

" Involvement of federal tax authorities with regard to the payment of foreign pensions (§ 73a)

§ 459g. (1) The Federal Government's tax authorities have the institutions of social security in accordance with the conditions laid down in paragraph 3 on persons who have received a foreign pension (Section 73a (1)) or have obtained such a pension and the right to benefits of a pension The sickness insurance carrier shall provide the following information from the data available to them and directly deductible from a declaration of evidence:

1.		Names (family or surname and first name), address, date of birth, social security number in the country of origin and foreign social security number;
2.		the nature and amount of the foreign pension benefits;
3.		renten-paying agency.

(2) The transmitted data may only be used for the determination of the state and the scope of services and for the determination of contributions to contributions under this federal law.

(3) The transmission procedure and the date of the first transmission of the data referred to in paragraph 1 shall be taken by the Federal Minister of Finance in agreement with the Federal Minister for Labour, Social Affairs and Consumer Protection in accordance with the conditions laid down in the -to define technical and organisational possibilities. The data transfers must be carried out completely in electronic form by the main association. "

(25) The following paragraph 7 is added to § 652:

" (7) The appointment of the chairpersons of the Joint Arbitration Commissions shall be up to the maximum of 1. Jänner 2011. Until the date of the order, the respective Joint Arbitration Commission shall be responsible for exercising its responsibility in the previous composition. "

26. In accordance with § 656, the following § 657 shall be added together with the heading:

" Final provisions on Art. 1 of the Federal Law BGBl. I No 102/2010 (74). Novelle)

§ 657. (1) It shall enter into force:

1.		with 1. § 8 para. 1 Z 3 lit. m, 10 para. 2 and 5, 12 para. 1, 28 Z 2 lit. i, 31a para. 4, 35 para. 2, 74 para. 2a and 3, 82 para. 1, 122 para. 2, 175 para. 5 Z 3, 181 para. 4 and 335 para. 3 in the version of the Federal Law BGBl. I No 102/2010;
2.		With 1 July 2011, § § 31 (5) Z 11, 58 (2) and 129 including the title in the version of the Federal Law BGBl. I No 102/2010;
3.		retroactively with September 1, 2010, § § 343 Final Part, 343d para. 1 Z 3, 347 para. 1 and 2 as well as § 652 para. 7 in the version of the Federal Law BGBl. I No 102/2010.

(2) The Ordinance of the Federal Minister of Health on the Rules of the Arbitration Commissions (Arbitration Commission Regulation 2010-SchKV 2010) can be implemented in the implementation of § § 344 and 652 of the ASVG in the version of the Federal Law on the Strengthening of the Arbitration Commissions (Bundesgesetz) ambulatory public health care, BGBl. I No 61/2010, retroactively entered into force on 1 September 2010.

(3) The Federal Minister for Labour, Social Affairs and Consumer Protection, in agreement with the Federal Minister for Health, has determined by means of a regulation, from when the technical means for the maintenance and/or the maintenance of the consumer shall be determined. the collection of contributions for foreign pensions (§ 73a) are available. The aim is to ensure that health insurance contributions within the meaning of § 73a can be withheld for the first time, but for the first time for foreign pensions paid out in July 2011, or are to be raised.

(4) Notwithstanding the provisions of Section 73a (2), first, second, fourth and fifth sentence of which apply to compensatory allowances, it is the responsibility of the health insurance institutions to apply to the national pension recipients whose reference date is before the 1. January 2011 is to determine the amount of a health insurance contribution from the foreign pension on the basis of the data provided by the pension insurance institutions concerning the recipients of foreign pensions. is due. The health insurance institutions shall inform the pension insurance institution responsible for the retention of the amount of the amount to be kept. First-time findings on pensions with the date of the first day of the year before 1. January 2011, which has not yet been completed as of 31 December 2011, will continue to be carried out by the health insurance institution. From 1. All completed factual findings shall be taken over by the competent pension insurance institution in January 2012 and shall be subject to any changes from the pension insurance institution. "

Article 2

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 No 64/2010, shall be amended as follows:

(1) The following paragraph 3 is added to section 14a:

" (3) Persons who were insured pursuant to Section 14b (1) (1) (1) are still engaged in a gainful employment by virtue of the application of their legal professional representation pursuant to § 5 of the compulsory insurance in the Health insurance is excluded and the other gainful employment, which has established compulsory insurance in the health insurance, are self-insured in the health insurance if and as long as they are not covered by the insurance cover Health care institutions have joined their legal professional representation. "

2. § 14c (1) reads:

" (1) The self-insurance according to § 14a begins with the date the insured person chooses. In the case of section 14a (3), it shall begin after a compulsory insurance pursuant to section 14b (1) (1) (1). "

Section 14c (2) Z 1 reads as follows:

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

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

(5) The following paragraph 4 is added to § 22:

"(4) The insured persons shall be obliged to provide the insurance institution with information on all the circumstances governing the collection of contributions in the sickness insurance scheme of foreign pensions (§ 29a)."

6. In accordance with § 29, the following § 29a and heading is inserted:

" Contributions in the health insurance of foreign pensions comparable to those of domestic pension benefits

§ 29a. (1) If a foreign pension is obtained from the scope of the application

-				Regulations (EC) No 883/2004 on the coordination of social security systems and 987/2009 laying down the procedures for the implementation of Regulation (EC) No 883/2004, or
-				Regulations (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community and 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 or
-				A bilateral agreement on social security, which also includes provisions on health insurance
, if a person entitled to a foreign pension is entitled to sickness insurance benefits, he/she shall also be required to pay a health insurance contribution pursuant to Article 29 (1) and (1a) of this foreign pension. This contribution shall be due at the time when the foreign pension is paid.

(2) The insurance institution shall determine at regular intervals whether a pension shall be referred to in accordance with paragraph 1. It shall determine its level, its components, the paying agency, including any changes, and shall determine the amount of contributions to be paid by the foreign pension. The insurance institution has to be informed of the obligation to provide contributions at the request of the service provider (§ 194 iVm § § 409 ff. ASVG). If one or more foreign pensions are obtained, the pension insurance institution shall be responsible for the pension insurance institution in which the pension is due. If more than one pension insurance institution is eligible, the insurance institutions are responsible for the ASVG, the GSVG and the BSVG.

(3) If the foreign pension is related to a domestic pension at the same time, the health insurance contribution to be paid for the foreign pension is to be withheld from the domestic pension pursuant to para. 1 and 2.

(4) The sickness insurance contribution to be paid by a foreign pension in accordance with paragraph 1 above shall be the amount of the domestic pension at the same time, unless the foreign pension is covered by the scope of the Regulations (EEC) No 1408/71 and 574/72, and the insured person must prescribe the remaining amount.

(5) If, in addition to the foreign pension, no domestic pension is obtained, the health insurance contribution to be paid by the foreign pension is to be required pursuant to para. 1 and to be raised by the insured person. The insurance institution shall be entitled to carry out the advance in longer intervals, but at least once a year, in order to simplify the administration, in particular in the case of small amounts. The legislation applicable to contributions to compulsory insurance in the health insurance sector shall apply to the health insurance contributions provided for in paragraph 1, unless otherwise specified. "

7. According to Article 35 (6), the following paragraph 7 is inserted:

"(7) Relators of a non-contributor foreign pension (§ 29a) owe the contributions to be paid by this pension pursuant to § 29a (4) and (5) themselves and have to pay them for themselves at their risk and expense."

8. According to § 229e, the following § 229f shall be inserted with the title:

" Involvement of federal tax authorities with regard to the payment of foreign pensions (§ 29a)

§ 229f. (1) The federal tax authorities shall have the insurance institution in accordance with the conditions laid down in paragraph 3 on persons who have received a foreign pension (section 29a (1)) or who have acquired such a pension and who are entitled to the benefits of a sickness insurance institution to submit the following information from the data available to them and directly derivable from a declaration of discharge:

1.		Names (family or surname and first name), address, date of birth, social security number in the country of origin and foreign social security number;
2.		the nature and amount of the foreign pension benefits;
3.		renten-paying agency.

(2) The transmitted data may only be used for the determination of the state and the scope of services and for the determination of contributions to contributions under this federal law.

(3) The transmission procedure and the date of the first transmission of the data referred to in paragraph 1 shall be taken by the Federal Minister of Finance in agreement with the Federal Minister for Labour, Social Affairs and Consumer Protection in accordance with the conditions laid down in the -to define technical and organisational possibilities. The data transfers must be carried out completely in electronic form by the main association. "

9. § 332 in the version of the Federal Law BGBl. I n ° 61/2010 shall be replaced by the title "§ 333."

10. In accordance with § 337, the following § 338 shall be added together with the heading:

" Final provisions on Art. 2 of the Federal Law BGBl. I No 102/2010

§ 338. (1) It shall enter into force:

1.		with 1. January 2011 § § 14a (3), 14c (1) and (2) (2) (1) and 14f (1) (1) (1) in the version of the Federal Law BGBl (Federal Law Gazette). I No 102/2010;
2.		July 1, 2011 § 35 para. 7 in the version of the Federal Law BGBl. I No 102/2010.

(2) The Federal Minister for Labour, Social Affairs and Consumer Protection, in agreement with the Federal Minister for Health, has determined by means of a regulation, from when the technical means for the maintenance and/or the maintenance of the consumer shall be determined. the collection of contributions for foreign pensions (§ 29a) are available. The aim is to ensure that health insurance contributions within the meaning of § 29a can be withheld, however, for the first time in respect of foreign pensions paid out in July 2011, respectively. are to be raised. "

Article 3

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 No 64/2010, shall be amended as follows:

(1) In § 20, the following paragraph (7a) is inserted:

"(7a) The insured persons shall be obliged to provide the insurance institution with information on all the circumstances governing the collection of contributions in the health insurance of foreign pensions (§ 26a)."

2. In accordance with § 26, the following § 26a and heading is inserted:

" Contributions in the health insurance of foreign pensions comparable to those of domestic pension benefits

§ 26a. (1) If a foreign pension is obtained from the scope of the application

-				Regulations (EC) No 883/2004 on the coordination of social security systems and 987/2009 laying down the procedures for the implementation of Regulation (EC) No 883/2004, or
-				Regulations (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community and 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 or
-				A bilateral agreement on social security, which also includes provisions on health insurance
, if a person entitled to a foreign pension is entitled to sickness insurance benefits, he/she shall also be required to pay a health insurance contribution pursuant to Article 26 (1) and (1a) of that foreign pension. This contribution shall be due at the time when the foreign pension is paid.

(2) The insurance institution shall determine at regular intervals whether a pension shall be referred to in accordance with paragraph 1. It shall determine its level, its components, the paying agency, including any changes, and shall determine the amount of contributions to be paid by the foreign pension. The insurance institution has to be informed of the obligation to provide assistance at the request of the service provider (§ 182 iVm § § 409 ff. ASVG). If one or more foreign pensions are obtained, the pension insurance institution shall be responsible for the pension insurance institution in which the pension is due. If more than one pension insurance institution is eligible, the insurance institutions are responsible for the ASVG, the GSVG and the BSVG.

(3) If the foreign pension is related to a domestic pension at the same time, the health insurance contribution to be paid for the foreign pension is to be withheld from the domestic pension pursuant to para. 1 and 2.

(4) The sickness insurance contribution to be paid by a foreign pension in accordance with paragraph 1 above shall be the amount of the domestic pension at the same time, unless the foreign pension is covered by the scope of the Regulations (EEC) No 1408/71 and 574/72, and the insured person must prescribe the remaining amount.

(5) If, in addition to the foreign pension, no domestic pension is obtained, the health insurance contribution to be paid by the foreign pension is to be required pursuant to para. 1 and to be raised by the insured person. The insurance institution shall be entitled to carry out the advance in longer intervals, but at least once a year, in order to simplify the administration, in particular in the case of small amounts. The legislation applicable to contributions to compulsory insurance in the health insurance sector shall apply to the health insurance contributions provided for in paragraph 1, unless otherwise specified. "

3. In § 33, the following paragraph 3a is inserted after paragraph 3:

"(3a) Relators of a non-contributor foreign pension (§ 26a) owe the contributions to be paid by this pension pursuant to Article 26a (4) and (5) themselves and have to pay them for themselves at their risk and expense."

4. According to § 217b, the following § 217c with headline is inserted:

" Involvement of federal tax authorities with regard to the payment of foreign pensions (§ 26a)

§ 217c. (1) The Federal Government's tax authorities shall have the insurance institution in accordance with the conditions laid down in paragraph 3 on persons who have received a foreign pension (Article 26a (1)) or have received such a pension and the right to benefits of a health insurance institution to submit the following information from the data available to them and directly derivable from a declaration of discharge:

1.		Names (family or surname and first name), address, date of birth, social security number in the country of origin and foreign social security number;
2.		the nature and amount of the foreign pension benefits;
3.		renten-paying agency.

(2) The transmitted data may only be used for the determination of the state and the scope of services and for the determination of contributions to contributions under this federal law.

(3) The transmission procedure and the date of the first transmission of the data referred to in paragraph 1 shall be taken by the Federal Minister of Finance in agreement with the Federal Minister for Labour, Social Affairs and Consumer Protection in accordance with the conditions laid down in the -to define technical and organisational possibilities. The data transfers must be carried out completely in electronic form by the main association. "

5. § 323 in the version of the Federal Law BGBl. I n ° 61/2010 shall be replaced by the title "§ 324."

6. According to § 327, the following § 328 and heading is added:

" Final provisions on Art. 3 of the Federal Law BGBl. I No 102/2010

§ 328. (1) § 33 (3a) in the version of the Federal Law BGBl. I n ° 102/2010 will enter into force on 1 July 2011.

(2) The Federal Minister for Labour, Social Affairs and Consumer Protection, in agreement with the Federal Minister for Health, has determined by means of a regulation, from when the technical means for the maintenance and/or the maintenance of the consumer shall be determined. the collection of contributions for foreign pensions (§ 26a) are available. The objective is to ensure that health insurance contributions within the meaning of § 26a are to be withheld, but, in fact, for the first time in respect of foreign pensions paid out in July 2011, respectively, or are to be raised. "

Article 4

Amendment of the Staff Regulations-Health and Accident Insurance Act

The Civil And Accident Insurance Act, BGBl. No 200/1967, as last amended by the Federal Law BGBl. I No 64/2010, shall be amended as follows:

1. The heading to § 14 reads:

"Notification of the recipients of pension benefits and foreign pensions"

2. The text of the previous § 14 receives the sales designation "(1)" ; the following paragraph 2 is added:

"(2) The service providers (§ 13) shall immediately notify the insurance institution of the circumstances governing contributions to the health insurance of foreign pensions (section 22b) as well as any significant change."

Section 17 (1) reads as follows:

" (1) The insured persons as well as the payment (performance) of the recipients are obliged to provide the insurance institution with all for the insurance relationship, for the obligation to pay contributions and for the examination or enforcement of claims in accordance with § § 125 ff. to provide the relevant information truthfully within 14 days at the latest. "

4. In accordance with § 22a, the following § 22b and title shall be inserted:

" Contributions in the health insurance of foreign pensions comparable to domestic pension benefits (pensions and pensions)

§ 22b. (1) If a foreign pension is obtained from the scope of the application

-				Regulations (EC) No 883/2004 on the coordination of social security systems and 987/2009 laying down the procedures for the implementation of Regulation (EC) No 883/2004, or
-				Regulations (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community and 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 or
-				A bilateral agreement on social security, which also includes provisions on health insurance
, if a person entitled to a foreign pension is entitled to sickness insurance benefits, he/she shall also be entitled to benefit from this foreign pension as part of the service provided pursuant to Article 20 (1) and (2) of the iVm § 22 (1). to pay for the payment of sickness insurance contributions. This contribution shall be due at the time when the foreign pension is paid.

(2) The insurance institution shall determine at regular intervals whether a pension shall be referred to in accordance with paragraph 1. It shall determine its level, its performance components, the paying agency, including any changes, and the amount of contributions to be paid by the foreign pension and the amount of contributions to be paid by the Member State in question. suspension paying agency for the purpose of retention. In the case of a person insured under this Federal Law, who is a pensioner in accordance with the ASVG, these tasks are the responsibility of the pension insurance institution. The insurance institution has to issue notice of the obligation to provide assistance at the request of the service provider (§ 129 iVm § § 409 ff. ASVG). When one or more foreign pensions are met with a pension or pension under the ASVG with a survivor's pension on the basis of an activity insured under this Federal Law, the pension shall be: Insurance institution or the pension insurance institution; when a pension is met with an own pension acquired on the basis of an activity other than that insured under this Federal Law, that institution shall be responsible for the insurance of the pension insurance institution. the higher performance is due.

(3) If the foreign pension is obtained at the same time as a pension or pension cover or a domestic pension, the body paying the national pension benefit shall have the right to pay for the foreign pension. To keep the health insurance contribution pursuant to para. 1 and 2 of the pension or pension fund or of the domestic pension and to pay them directly to the insurance institution.

(4) The sickness insurance contribution to be paid by a foreign pension in accordance with paragraph 1 above is the level of the domestic pension benefits paid at the same time, except that the foreign pension is covered by the scope of the Regulations (EEC) No 1408/71 and 574/72 shall be required to prescribe the balance of the remaining amount from the insurance institution.

(5) If, in addition to the foreign pension, no domestic pension benefits are obtained, the insurance institution shall be required to write the health insurance contribution to be paid by the foreign pension pursuant to para. 1 and to collect the health insurance contribution from the Insured persons. In order to simplify administration, the insurance institution is entitled to carry out the pre-enrollees at longer intervals, at least once a year, in particular in the case of small amounts. The legislation applicable to contributions to compulsory insurance in the health insurance sector shall apply to the health insurance contributions provided for in paragraph 1, unless otherwise specified. "

(5) The following paragraph 3 is added to § 23:

"(3) Relators of a non-contributor foreign pension (§ 22b) owe the contributions to be paid by this pension pursuant to Section 22b (4) and (5) themselves and have to pay them on their risk and costs."

6. In accordance with § 159d the following § 159e with title is inserted; the previous § 159e receives the Section title "§ 159f." .

" Involvement of federal tax authorities with regard to the payment of foreign pensions (§ 22b)

§ 159e. (1) The tax authorities of the Federal Government have the insurance institution and the pension-paying authorities according to the conditions laid down in paragraph 3 on persons who have received a foreign pension (§ 22b para. 1) or have obtained such a pension and the right to benefits of a sickness insurance institution shall provide the following information from the data available to them and directly derivable from a declaration of duty:

1.		Names (family or surname and first name), address, date of birth, social security number in the country of origin and foreign social security number;
2.		the nature and amount of the foreign pension benefits;
3.		renten-paying agency.

(2) The transmitted data may only be used for the determination of the state and the scope of services and for the determination of contributions to contributions under this federal law.

(3) The transmission procedure and the date of the first transmission of the data referred to in paragraph 1 shall be taken by the Federal Minister of Finance in agreement with the Federal Minister for Labour, Social Affairs and Consumer Protection in accordance with the conditions laid down in the -to define technical and organisational possibilities. The data transfers must be carried out completely in electronic form by the main association. "

7. § 224 in the version of the Federal Law BGBl. I n ° 61/2010 shall be replaced by the title "§ 225." .

8. In accordance with § 226, the following § 227 shall be added together with the heading:

" Final provisions on Art. 4 of the Federal Law BGBl. I No 102/2010

Section 227. (1) § 23 (3) in the version of the Federal Law BGBl. I n ° 102/2010 will enter into force on 1 July 2011.

(2) The Federal Minister for Labour, Social Affairs and Consumer Protection, in agreement with the Federal Minister for Health, has determined by means of a regulation, from when the technical means for the maintenance and/or the maintenance of the consumer shall be determined. the collection of contributions for foreign pensions (§ 22b) are available. The aim is to ensure that health insurance contributions within the meaning of § 22b can be paid for for the first time for foreign pensions, which will be disbursed from July 2011 onwards, or are to be raised. "

Fischer

Faymann