92. Federal Law, which amalds the General Social Security Act, the Industrial Social Security Act, the Artists-Social Insurance Fund Act and the Operational Staff and Self-Employed Pensions Act (KünstlerInnensozialversicherungs-Structural gesetz-KSV-SG)

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 Artists-Social Security Fund Act
4	Change of company employee and self-employment law

Article 1

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 64/2010, shall be amended as follows:

1. In § 572 (4), second sentence, after the word Federal Law the expression " as well as the rest according to § 22a of the Artists-Social Security Fund Act, BGBl. I No 131/2000, " inserted.

2. In accordance with § 655, the following § 656 shall be added together with the heading:

" Final determination of the Federal Law BGBl. I No 92/2010

§ 656. Section 572 (4) in the version of the Federal Law BGBl. I n ° 92/2010 is 1. Jänner 2011 in force. "

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. In Section 4 (1), the point at the end of Z 8 shall be replaced by a stroke; the following Z 9 shall be added:

" 9.		Artists according to § 2 paragraph 1 of the Artists-Social Security Fund Act (K-SVFG), BGBl. I n ° 131/2000, who have reported the resting of their self-employed artistic activity in accordance with § 22a K-SVFG, for the duration of the effectiveness of the glory according to Article 22a (4) K-SVFG. "

2. § 6 para. 1 Z 5 reads:

" 5.		with the day after the removal of an exceptional reason; "

3. In § 6 (4), the point at the end of the Z 2 shall be replaced by a stroke; the following Z 3 shall be added:

" 3.		with the day after the departure of an exceptional reason. "

4. In Section 7 (4), the point at the end of Z 3 shall be replaced by a stroke; the following Z 4 shall be added:

" 4.		in which an exceptional reason is occurring. "

5. In the heading to the third part, after the expression: "replacement performers;" the expression "Artist service centre;" inserted.

In the third part, the following section IIa, together with headings, shall be inserted in accordance with Section II:

" SECTION IIa

Artisans Service Centre

Setup

§ 189a. At the social security institution of the commercial economy, an artists ' service centre (hereinafter referred to as "Service Centre") will be a service centre for all artists, in particular for those working as artists within the meaning of section 2 (1) K-SVFG. set up.

Tasks

§ 189b. In particular, the Service Centre has the following tasks:

1.		Provision of information on
a)			existing insurance relationships and their legal effects;
b)			the contributory effects of insurance relationships;
c)			the insurance service of the competent social insurance institutions and the service of the Artists-Social-Social Security Fund;
d)			the reporting procedure from the relevant insurance ratio;
e)			the eligibility criteria for social security benefits;
f)			general affairs of the procedure before the social security institution and the artist-social security fund;
g)			Applications for benefits from unemployment insurance;
2.		Support with regard to reporting and disclosure requirements in accordance with § § 18 to 22;
3.		Receipt and transfer of applications for all types of social security benefits, to voluntary insurance, to reimbursement of contributions, to differential contributions, to the determination of insurance periods and to the determination of the insurance obligation;
4.		Reception and forwarding of applications according to the K-SVFG.

Special instructions for the professional caterers

§ 189c. Persons who, for the first time, will take up their artistic activities or who will be taken for the first time in the foreseeable future, shall have the service centre, upon request, in the performance of their claims and fulfilment of their obligations under the law. Social security and the K-SVFG in a special way.

Monitoring

§ 189d. Until 30 June of each calendar year, for the first time in the calendar year 2012, the Social Insurance Office of the commercial economy has a report on the activities of the Service Centre, the Federal Minister for Labour, Social Affairs and Consumer Protection. to be submitted in the preceding calendar year. In particular, the report shall include an evaluation of the applications and requests of the artists from the Service Centre. "

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

" Participation of the Artist-Social Insurance Fund

§ 229f. (1) The Artists-Social Insurance Fund is obliged to participate in the determination of the exemption from the compulsory insurance pursuant to § 4 (1) Z 9 and has the data relating to the declaration of fame as well as the notification of the resumption of the self-employed artistic activity to the insurance institution by electronic means.

(2) In addition, the Artists-Social Insurance Fund shall, on request, give the insurance institution the information required for the performance of the tasks in accordance with § § 189b and 189c. "

8. § 254 lit. j is:

" j)			with regard to § 229f, the Federal Minister for Education, the Arts and Culture in agreement with the Federal Minister for Labour, Social Affairs and Consumer Protection; "

9. In § 254, the previous lit. j and k the names "k" and "l" .

10. In § 273 (6), second sentence, after the word Federal Law the expression "as well as the rest according to § 22a K-SVFG" inserted.

11. In accordance with § 336, the following § 337 shall be added together with the heading:

" Final determination on Art. 1 of the Federal Law BGBl. I No 92/2010

§ 337. § § 4 (1) Z 8 and 9, 6 (1) Z 5 and (4) (4) (2) and (3), (4) (4) (3) and (4), Section IIa of the Third Part together with Headings, 229f and heading, 254 lit. j to l and 273 paragraph 6 as well as the title to the third part in the version of the Federal Law BGBl. I n ° 92/2010 is 1. Jänner 2011 in force. "

Article 3

Amendment of the Artists-Social Security Fund Act

The Artists-Social Security Fund Act, BGBl. I n ° 131/2000, as last amended by the Federal Law BGBl. I n ° 55/2008, shall be amended as follows:

1. In § 4, after the word "hiefür" the following sentence is added:

"and the receipt of the notification of the glory and the resumption of self-employed artistic activity in accordance with § 22a".

2. In accordance with § 22, the following § 22a together with the heading is inserted:

" Announcement of the fame of self-employed artistic activity

§ 22a. (1) In accordance with Section 2 (1) of the GSVG, artists insured under the GSVG may report to the Fund the rest of the self-employed artistic activity in order to effect the exemption from compulsory insurance in accordance with Section 4 (1) Z 9 of the GSVG. The forms laid down by the Fund shall be used.

(2) For persons who have refunded a notification pursuant to paragraph 1 and for which the existence of the conditions pursuant to § 2 (1) according to § 20 (1) has not yet been established, the Fund has to determine in the first and last instance with a decision whether the Prerequisites according to § 2 (1) are available. § § 17 (3) penultimate and last sentence as well as 20 para. 2 are to be applied in a reasonable way.

(3) The Fund shall transmit to the Social Insurance Institution the notification of the glory of the self-employed artistic activity of artists in accordance with Article 2 (1), which are insured under the GSVG, by electronic means. commercial economy.

(4) The rest shall be effective at the end of the calendar month for which the cessation of the artistic activity is reported, excluding any retroactive effect before the reporting date. The rest ends with the end of the day before the resumption of self-employed artistic activity.

(5) The artist is obliged to immediately report to the Fund the resumption of self-employment in the field of artistic activity. The Fund shall send this notification electronically to the social security institution of the commercial economy.

(6) For full calendar months of the glory of self-employed artistic activity, there is no entitlement to contribution grant. "

(3) The following paragraph 5 is added to § 30:

" (5) § § 4 and 22a together with the title shall enter into force 1. Jänner 2011 in force. "

Article 4

Change of company employee and self-employment law

The company employee and self-employment pension law, BGBl. No 100/2002, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 72/2010, shall be amended as follows:

1. § 6 para. 2 second sentence reads:

"Furthermore, § § 65 to 68 and 69 of the ASVG are to be applied."

Section 55 (1) Z 1 reads as follows:

1.		of the glory of his business practice within the meaning of Section 93 of the 1994 Commercial Code, BGBl. No. 194, the fame of his self-employed artistic activity according to § 22a of the Artists-Social Security Fund Act, BGBl. I No 131/2000, or after the cancellation of the compulsory insurance in the sickness insurance scheme according to the GSVG, or "

3. The following paragraph 15 is added to § 73:

" (15) § § 6 para. 2 second sentence and 55 para. 1 Z 1 in the version of the Federal Law BGBl. I n ° 92/2010 is 1. Jänner 2011 in force. "

Fischer

Faymann