106. Federal law which changes the unemployment insurance law in 1977

The National Council has decided:

The Unemployment Insurance Act 1977-AlVG, BGBl. N ° 609/1977, as last amended by the Federal Law BGBl. I No 79/2015 shall be amended as follows:

1. § 1 (1) (1) shall not apply to the previous lit. h and the previous lit. i will be as lit. h.

2. In § 6 (1) the following Z 6a is inserted after Z 6:

" 6a.		Partial pension-extended part-time period; "

3. In § 23 (3), before the expression "Opinion" the phrase "or a subsequent judicial" inserted.

4. § 25 (1) last sentence reads:

" The obligation to repay also exists in respect of those benefits granted on account of the suspenseful effect of a legal remedy or on the basis of a non-final decision of the Federal Administrative Court, if the Procedure with the decision that the benefits are not due or not due to that extent. "

Section 27 (3) reads as follows:

" (3) For persons who have a benefit from the statutory pension insurance from an insurance case of age, a special rest allowance under the Night Gravity Employment Act, BGBl. No 354/1981, or a rest from a service relationship with a public-law body, do not deserve an old-age part-time allowance. No part-time allowance is due for persons who have completed the regular retirement age and who meet the eligibility requirements for such an achievement. In the case of persons who make an old-age part-time on the basis of a block-time agreement, no part-time allowance should be paid if they have not yet completed the regular retirement age and do not receive any of the benefits referred to in the first sentence, but the Eligibility requirements are met, however, with the fulfilment of the eligibility requirements for a corridor according to § 4 (2), excluding Z 2, APG the right to an old part-time allowance for the period of one year, at the latest to the Achieving the eligibility requirements for premature retirement at long Duration of insurance, not against. "

6. § 27 (8) last sentence reads:

" The obligation to repay also exists in respect of those benefits granted on account of the suspenseful effect of a legal remedy or on the basis of a non-final decision of the Federal Administrative Court, if the Procedure with the decision that the benefits are not due or not due to that extent. "

7. In accordance with § 27, the following § 27a and heading is inserted:

" partial pension-extended part-time period

§ 27a. (1) An employer who employs older persons who fulfil the eligibility requirements for a corridor pension pursuant to § 4 (2), excluding Z 2, APG, and who, in the event of a continuous reduction in their working time, have to do so on the basis of a In the event of fulfilment of the following conditions, a partial-pension agreement shall be entitled to a payment of its additional expenses in the form of a partial pension.

(2) A partial pension is due for persons who:

1.		In the last 25 years prior to the assertion of the claim (frame period) 780 weeks were employed subject to unemployment insurance, taking into account periods to be considered in accordance with § 14 (4) and (5) and the frame period by Unemployment insurance-free periods of care for children up to the completion of the 15. years of life,
2.		on the basis of a contractual agreement, its normal working time, which corresponded to the normal working time of the statutory or collective agreement in the last year or which has fallen below 40 vH at the most, continuously to 40 to 60 vH have been reduced
3.		on the basis of a collective agreement, an operating agreement or a contractual agreement
a)			up to the maximum contribution basis in accordance with Article 45 of the ASVG, a wage compensation in the amount of at least 50% of the difference between the last year (in the case of a shorter period of employment in a new holding during this shorter period, at least three (a) prior to the reduction of normal working hours, receive an average of due pay and pay corresponding to the reduced working time, and
b)			for which the employer shall pay the social security contributions in accordance with the contribution basis before the reduction of the normal working hours; and
4.		are entitled to a collective agreement, an operating agreement or a contractual agreement for the calculation of an entitlement to be paid on the basis of working time prior to the reduction of the normal working hours; Calculation of a copy to the BUAG shall apply to § 13d sec. 3 BUAG.

(3) For persons who have a benefit from the statutory pension insurance from an insurance case of age, a special rest allowance under the Overnight Employment Act, BGBl. No 354/1981, or take a rest from a service relationship with a public-law body or have completed the rule-of-law period and meet the eligibility requirements for such an achievement, do not Partial pension.

(4) The part-board has the additional expense for the employer, which by means of a wage compensation up to the maximum contribution basis in the amount of 50 vH of the difference between that in the according to paragraph 2 Z 3 lit. a relevant period before the reduction of the normal working time, due pay and the remuneration corresponding to the reduced working time, and by the payment of the social security contributions in accordance with the contribution basis before the Reduction of the normal working time in the amount of the difference between the employer and employee contributions paid in accordance with the contribution basis prior to the reduction of the normal working time (pension, sick, Accident and unemployment insurance, including IESG surcharge) and the employer and employee contributions to social security insurance corresponding to the remuneration (including wage compensation). The payment shall be made in monthly instalments of the same amount, taking into account the special payments which are subject to tax benefit. Wage increases shall be taken into account by adjusting the monthly subamounts. Collective wage increases are to be taken into account in accordance with the tariff wage index. Additional wage increases are to be taken into account after corresponding notification, provided that the difference between the actual wage and the indexed wage, which is based on the partial pension calculation, is more than 20 € per month. In the context of a continuous reduction in working time due to a partial pension agreement, variations in working time, which are compensated for in a period of no longer than one year or where the deviations are not shall be more than 20 vH of normal working time. Periods of short-time work (§ 37b and § 37c AMSG) are to be considered in the assessment of the conditions for the partial pension according to the normal working time agreed for the respective period. If the claim on part-board is only made after the beginning of the part-pension agreement, the partial pension shall be retroactive until the maximum extent of three months.

(5) The employer shall immediately notify the competent regional office of the Labour Market Service of any change which is relevant to the existence or extent of the claim on part-board.

(6) The part-board does not constitute a remuneration within the meaning of the turnover tax law 1994 (UStG 1994), BGBl. No. 663.

(7) If any of the conditions for entitlement to part-board fall away, it shall be adjusted; if a condition governing the extent of the part-board changes, it shall be reassessed. If the grant or the dimensioning of the part-board is deemed not to be legally justified, the recognition shall be revoked or the dimensioning shall be corrected retrospectively. In the event of an adjustment, reduction, revocation or correction of a service, the recipient of the part-board shall be obliged to replace the unauthorised person. The obligation to repay also exists in respect of those benefits granted on account of the suspenseful effect of a legal remedy or on the basis of a non-final decision of the Federal Administrative Court, if the Procedure with the decision that the benefits are not or are not due to that extent.

(8) For persons for which the employer has already received part-time benefit in accordance with § 27, the conditions laid down in paragraph 2 (2) shall also be deemed to be fulfilled if the continuous reduction in working time took place at the beginning of the part-time period, and has since been uninterrupted. The basis for the dimensioning of the part-board is in this case the last-related part-time allowance, with the proviso that the expenditure to be applied is now 100 vH instead of 90 vH. In this case, however, a partial pension can only be obtained for the period of time which is still missing for the maximum period of five years in accordance with § 27 (2). There is no entitlement to a partial pension for persons who have already received an old part-time allowance on the basis of a block-time agreement. "

8. § 47 (2) reads:

" (2) Persons who have to comply with control reports shall be informed in an appropriate manner by the regional office of business. In particular, the time and place of the control messages to be complied with must be clearly disclosed. "

9. In § 49 (1) the term " "under the instruction of the registration card" .

10. § 51 para. 2 reads:

" (2) The payment of the benefits under this Federal Act shall be effected on a given day in the month for one month in retrospect via the Österreichische Postsparkasse on an account of the service provider in the case of a credit company domestiy, in another Member State of the European Economic Area or in Switzerland. If the transfer to an account is not possible, the payment of the services shall be effected in another appropriate manner. In cases which are particularly worthy of consideration, the regional office may arrange for a special or interim payment to be made. "

11. In § 51 (3), the first sentence and the third sentence of the expression "Cash payment" in each case by the expression "Early payout" replaced.

12. The second sentence is deleted in Section 55 (2).

13. In § 70 (2) the expression "§ § 76 and 78 of the AVG 1950" by the expression " § § 76, 77 and 78 of the General Administrative Procedure Act 1991-AVG, BGBl. No 51/1991, ' replaced.

14. § 78 reads:

" § 78. The Federal Minister of Labour, Social Affairs and Consumer Protection is responsible for the enforcement of this federal law. "

15. The following paragraph 148 is added to § 79:

" (148) § 1 (1), § 6 (1) (6a), § 23 (3), § 25 (1), § 27 (3) and (8), § 27a, § 47 (2), § 49 (1), § 51 (2) and (3), § 55 (2), § 70 (2), § 78 and § 84, as amended by the Federal Law BGBl. I No 106/2015 will be 1. Jänner 2016 in force. "

16. In accordance with § 83, the following § 84 shall be added together with the heading:

" referrals

§ 84. Insofar as other federal laws are referred to in this Act, these are to be applied in their respectively applicable version. "

Fischer

Faymann