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1. Service Regulations Amendment 2009

Original Language Title: 1. Dienstrechts-Novelle 2009

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73. Federal Law, with which the salary law in 1956, the Contract Order Act 1948, the Federal Law on the Establition of a Federal Pensionskasse AG and the Pensionskassengesetz (Pensionskassengesetz) are amended (1. Service Law-Novel 2009)

The National Council has decided:

CONTENTS

Art.

Subject matter

1

Amendment of the salary law in 1956

2

Amendment of the Contract Law Act 1948

3

Amendment of the Federal Act on the creation of a Bundespensionskasse AG

4

Amendment of the Pensionskassengesetz

Article 1

Amendment of the salary law in 1956

The salary law in 1956, BGBl. N ° 54, as last amended by the Federal Law BGBl. I n ° 147/2008, shall be amended as follows:

(1) The following sentence shall be added to section 22a (2):

"The Federal Government has the collective agreement and its amendments in the Official Journal to the Wiener Zeitung."

2. In § 22a, the following provisions shall be replaced by the previous paragraph 4:

' (4) The provisions of paragraphs 1 to 3 shall apply to national teachers after the 1984 LDG and the LLDG in 1985 with the measures to ensure that:

1.

may also be issued by the country concerned by a supplementary pension scheme,

2.

to the post of the Federal Chancellor referred to in paragraph 3 above the relevant institution of the country,

3.

the regulations of the Collective Contract of the Federation on the involvement of civil servants in the pension fund, on the right of contributions and on the right to power also apply directly to the legal relationship between the country and the national teachers, and

4.

The ArbVG and the BPG apply to the legal relationships of the national teachers, as far as this is necessary for the regulation of pension fund provisions.

(4a) The country in question may also fulfil its obligation under paragraph 4 in the following manner:

1.

The collective agreement of the Federal Government has to provide for adaptation provisions for the national teachers. The Federal Government's pension fund contract has an offer from the Federal Pensionskasse to the Länder for the conclusion of a pension fund contract for the national teachers on the basis of the above-mentioned collective agreement and its relationship with the federal government. Provision should be made for the provisions of the contract, together with provisions for adaptation of the country's teachers.

2.

A country may, by means of a regulation, declare the collective agreement of the Confederation applicable to the respective national teachers in respect of the provisions which are not yet in force. In this case, the country has to accept the offer of a pension fund contract with the Federal Pensions Fund, which has been listed in Z 1. The country shall notify the Federal Chancellor in writing of the release of the Regulation and of any repeal.

3.

If a country has enacted a regulation in accordance with Z 2, the collective agreement of the federal government, with its entire content for the country concerned and its national teacher, shall apply in its respectively applicable version. Changes in the federal pension fund contract, insofar as they also affect countries that have enacted a regulation in accordance with Z 2, are effective for the pension fund contract between the respective country and the federal pension fund.

4.

A cancellation of the pension fund contract of the respective country with the federal pension fund by the country will not take effect until the relevant regulation issued in accordance with Z 2 has not been replaced.

5.

A country may repeal a Regulation adopted in accordance with Z 2,

a)

if the collective agreement of the federal government is changed, unless the new regulatory content would be binding on the country-on the basis of paragraph 4 or another federal law-even if it had not adopted the regulation in accordance with Z 2, or

b)

in the case of changes to the federal pension fund contract, which, according to Z 3, change the pension fund contract of the country, or

c)

if the continuation of the pension fund contract is unreasonable for important reasons due to the failure of the Federal Pensionskasse to fulfil obligations.

The repeal of the Regulation can be found in the cases of the lit. a and lit. b only if the respective country has notified the intention to do so within three months of the date of the change of the relevant trade union and the Bundespensionskasse in writing.

6.

If a country has repealed a Regulation adopted in accordance with Z 2, if not paragraph 4b is to be applied, the following shall apply: The collective agreement of the Federal Government shall, insofar as it is not already directly applicable in accordance with paragraph 4, apply within the meaning of Article 13 of the ArbVG, until the country concludes a collective agreement in order to comply with the obligation under paragraph 4, or meets individual agreements with the relevant national teachers. The collective agreement concluded by the country shall replace the collective agreement applicable until then; § 3 (1b) and (1c) BPG shall not be applied.

(4b) If the federal legal obligation of the countries to provide pension funds is cancelled for the national teachers, the respective country shall terminate the collective agreement concluded for this provision or the regulation adopted pursuant to paragraph 4a (a) (2) as well as to terminate the pension fund contract. In these cases, the rights of the country teachers entitled to apply for rights or benefits shall be determined in accordance with Article 6 (2) and (3) of the BPG. "

(3) The following paragraph 60 is added to § 175:

" (60) § 22a (2) and (4) to (4b) in the version of the Federal Law BGBl. I n ° 73/2009 will be 1. Jänner 2009 in force. "

Article 2

Amendment of the Contract Law Act 1948

The contract law of 1948, BGBl. N ° 86, as last amended by the Federal Law BGBl. I n ° 147/2008, shall be amended as follows:

1. The following sentence shall be added to section 78a (2):

"The Federal Government has the collective agreement and its amendments in the Official Journal to the Wiener Zeitung."

2. In § 78a, the following provisions shall be replaced by the previous paragraph 5:

" (5) The subparagraphs 1 to 3 shall be applied to national contract teachers in accordance with LVG 1966 and the LLVG with the measures to:

1.

may also be issued by the country concerned by a supplementary pension scheme,

2.

the institution of the country referred to in paragraph 3 of this Article shall be replaced by the institution of the country concerned, and

3.

the regulations of the collective agreement of the federal government on the inclusion of contract staff in the pension fund, on the right of contributions and on the right to power, also for the legal relationship between the country and the state contract teachers shall be applicable,

4.

The ArbVG and the BPG apply to the legal relationships of the national contract teachers, insofar as this is necessary for the regulation of the pension fund provision.

(6) The country in question may also fulfil its obligation under paragraph 4 in the following manner:

1.

The collective agreement of the Federal Government has to provide for adjustment provisions for the national contract teachers. The Federal Government's pension fund contract has an offer from the Federal Pensionskasse to the Länder for the conclusion of a pension fund contract for the national contract teachers on the basis of the above-mentioned collective agreement and its relationship with the federal government. Provision should be made for the provisions of the contract, as well as provisions for adaptation of the national contract teachers.

2.

A country may, by means of a regulation, declare the collective agreement of the federal government applicable to the respective national contract teachers with regard to the provisions which are not yet in force. In this case, the country has to accept the offer of a pension fund contract with the Federal Pensions Fund, which has been listed in Z 1. The country shall notify the Federal Chancellor in writing of the release of the Regulation and of any repeal.

3.

If a country has enacted a regulation in accordance with Z 2, the collective agreement of the federal government, with its entire content, shall apply to the country concerned and to the national contract teacher in its respective version. Changes in the federal pension fund contract, insofar as they also affect countries that have enacted a regulation in accordance with Z 2, are effective for the pension fund contract between the respective country and the federal pension fund.

4.

A cancellation of the pension fund contract of the respective country with the federal pension fund by the country will not take effect until the relevant regulation issued in accordance with Z 2 has not been replaced.

5.

A country may repeal a Regulation adopted in accordance with Z 2,

a)

if the collective agreement of the federal government is changed, unless the new regulatory content would be binding on the country-on the basis of paragraph 4 or another federal law-even if it had not adopted the regulation in accordance with Z 2, or

b)

in the case of changes to the federal pension fund contract, which, according to Z 3, change the pension fund contract of the country, or

c)

if the continuation of the pension fund contract is unreasonable for important reasons due to the failure of the Federal Pensionskasse to fulfil obligations.

The repeal of the Regulation can be found in the cases of the lit. a and lit. b only if the respective country has notified the intention to do so within three months of the date of the change of the relevant trade union and the Bundespensionskasse in writing.

6.

If a country has repealed a Regulation adopted in accordance with Z 2, if not paragraph 4b is to be applied, the following shall apply: The collective agreement of the Federal Government shall, insofar as it is not already directly applicable in accordance with paragraph 4, apply within the meaning of Article 13 of the ArbVG, until the country concludes a collective agreement in order to comply with the obligation under paragraph 4, or it meets individual agreements with the relevant national contract teachers. The collective agreement concluded by the country shall replace the collective agreement applicable until then; § 3 (1b) and (1c) BPG shall not be applied.

(7) If the federal legal obligation of the countries to provide pension funds is cancelled for the national contract teachers, the country in question shall terminate the collective agreement concluded for this provision or the collective agreement adopted pursuant to paragraph 4a Z 2 shall be terminated. This regulation should be repealed and the pension fund contract should be terminated. In these cases, the rights of the Land Contractual Teachers of the State or of the State of the Land of the Land are governed by § 6 (2) and (3) of the BPG. "

(3) The following paragraph 51 is added to § 100:

" (51) § 78a (2) and (5) (5) to (7) in the version of the Federal Law BGBl. I n ° 73/2009 will be 1. Jänner 2009 in force. "

Article 3

Amendment of the Federal Act on the creation of a Bundespensionskasse AG

The Federal Act on the foundation of a Federal Pensionskasse AG, BGBl. I n ° 127/1999, as last amended by the Federal Law BGBl. I n ° 9/2009, shall be amended as follows:

1. In § 1 para. 3 Z 2, the word group shall be "and their beneficiaries and" beneficiaries "and" through the word group "and those entitled to the service and the beneficiaries," replaced.

2. In § 1 para. 3 Z 3, the word "and" and the following Z 4 shall be added:

" 4.

for federal states on the basis of regulations pursuant to Section 22a (4a) (2) of the salary law in 1956, BGBl. No 54, and § 78a (6) (2) of the Act on the Order of Contract 1948, BGBl. No 86, and the beneficiaries of the rights and benefits recognised as a result. "

3. The following paragraph 3 is added to § 7:

" (3) § 1 (3) Z 2 to 4 in the version of the Federal Law BGBl. I n ° 73/2009 will be 1. Jänner 2009 in force. "

Article 4

Amendment of the Pensionskassengesetz

The Pensionskassengesetz, BGBl. No. 281/1990, as last amended by the Federal Law BGBl. No 107/2007, is hereby amended as follows:

1. In Section 1 (6), the word order shall be " § 78a of the Contract Order Act 1948, BGBl. No. 86 " through the phrase " § 78a of the Contract Order Act 1948 (VBG), BGBl. No. 86, and § 22a of the salary law 1956 (GehG), BGBl. Nr. 54 " replaced.

2. In § 3 para. 4 Z 1 at the end of the lit. b the word "and" and the following lit. c is added:

" (c)

to those Länder which have made use of the authorisation for a regulation in accordance with Article 22a (4a) Z 2 of the Act and Article 78a (6) (2) (2) of the VBG with regard to the categories of persons covered by these Regulations; "

Section 51 shall be added to the following paragraph 30:

" (30) § 1 para. 6 and § 3 paragraph 4 Z 1 in the version of the Federal Law BGBl. I n ° 73/2009 will be 1. Jänner 2009 in force. "

Fischer

Faymann