31. Federal Law, with which the General Social Security Act, the Industrial Social Security Act, the Farmers-Social Insurance Act, the General Pension Act and the Federal Nursing Money Act are amended (Social Rights Amendment Act) 2007-SRÄG 2007)

The National Council has decided:

Article 1

Amendment of the General Social Insurance Act (67). Novelle to the ASVG)

The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I No 169/2006 and BGBl. I n ° 6/2007, is amended as follows:

Part 1

1. § 8 para. 1 Z 3 lit. g is the expression "and the Tierärztekammer" by the expression " , the Tierärztekammer and the Austrian Dental Association " replaced.

2. In accordance with § 123 (7), first sentence, the following sentence shall be inserted:

"The property shall be maintained even if the person in force is no longer in a position to lead the budget."

3. § 123 Para. 7a lit. a becomes the stroke point at the end by the expression "or" replaced.

4. In § 123 (7a) the lit. b. The previous lit. c is given the name "b" .

(5) The following sentence is added to Article 123 (7a):

" The status of a member of the family shall be maintained even if the person in force is no longer in a position to lead the household, the child's education (lit. (a) to dedicate or to the insured person (lit. (b) to maintain. "

6. § 123 (8) reads:

' (8) The statutes may determine, in accordance with the financial standing of the insurance institution, that other relatives referred to in paragraphs 2 and 4 to 7 and the choice and stepparents of the insured person shall also be determined as Members shall apply if they live with the insured person in the domestic community and are received wholly or predominantly by the insured person. "

7. In § 123 (9) the expression " 7 and 8 " by the expression " 7, 7a and 8 " replaced.

8. In § 123 (10) the expression " 7 and 8 " by the expression " 7, 7a and 8 " replaced.

9. The point at the end of section 132c (1) (3) shall be replaced by a line-point and the following Z 4 shall be added:

" 4.		Vaccination against influenza with the influenza vaccine vaccine if and as long as the World Health Organization (WHO) declared an influenza pandemic. "

10. § 132c (2) Introduction reads:

"The Federal Minister for Health, Family and Youth can set out on the progress of medical science by regulation:"

11. § 132c (3) first sentence and second sentence are:

" The implementation of the measures referred to in paragraph 1 (1) (1) and (4) shall be transferred to the sickness insurance institutions. With regard to the measures referred to in paragraph 1 (2) and (3), the Federal Minister for Health, Family and Youth has, after hearing the main association, provided the institutions of the health insurance with the assistance of a cost subsidy for the benefit of the transfer. "

12. The following sentences are added to § 132c (3):

" The implementation of a measure pursuant to paragraph 1 Z 4 shall be considered as a medical treatment and shall be the content of the overall contracts (§ 342). Section 132b, para. 2, last sentence shall apply. § § 136 (2) and (350) are to be applied with the proviso that, in addition to pharmacies and medical doctors ' pharmacies, other issuing bodies may also be provided for in accordance with regulations in the field of pharmaceutical products. Section 136 (4) does not apply. "

13. § 132c (4) reads:

"(4) The results of other measures for the preservation of public health shall be announced at the request of the Federal Ministry of Health, Family and Youth."

14. In § 338 (2a), first sentence, the expression "to a large-scale equipment plan to be determined by the federal government" by the expression "on the major equipment plan adopted by the Federal Health Commission under the Austrian Structural Plan for Health (ÖSG)" replaced.

15. In § 340a the second sentence is deleted.

16. In § 348g, the second sentence is deleted.

17. In § 349 (2b), first sentence, the expression "published by the Austrian Federal Institute for Health Care" by the expression "approved by the Federal Health Commission within the framework of the Austrian Structural Plan for Health (ÖSG)" replaced.

18. In § 349a the second sentence is deleted.

19. In the heading to § 351c, the expression "Application" by the expression "Application" replaced.

20. § 351c (1) reads:

" (1) The authorized company shall apply to the main association for the inclusion of a proprietary medicinal product in the refund code. With the entry of the application, with which at least the approval number and a price are announced and which is attached to a confirmation of the delivery ability and a confirmation of the duration of the patent term, the proprietary medicinal product for a limited period of time in the red area. If the main body finds that the proprietary medicinal product is not refundable at the latest after 90 days, it shall be deleted from the Code of refund. Complaints, however, do not have suspensive effect. The more detailed rules for determining the eligibility of reimbursement are laid down in the Rules of Procedure (§ 351g). Once the refundability or expiry of the 90-day period has been established, the authorized company shall be entitled to submit a request for inclusion in the yellow or green area of the refund code. This application may be made no later than 90 days (will also be decided on the price, not later than 180 days) before the end of the 24-month period (36-month period) according to paragraph 7 Z 1. Documents already submitted do not have to be submitted again. The same test standards must be applied for all products. The main association has made a monthly account of the proprietary medicinal products which have been included in the refund code and which are then removed from the association. "

21. § 351c (5) reads:

" (5) The main body shall be entitled to the procedure for the inclusion of a proprietary medicinal product in the refund code or the inclusion of a proprietary medicinal product in another area of the refund code, on its own merits, under the appropriate application of the To initiate conditions and test standards according to paragraphs 1 to 4 and 7 to 9 as well as in accordance with § 31 (3) Z 12. The company entitled to be driven shall be notified before such proceedings are initiated. "

22. In § 351c (6), second sentence, the expression "the Austrian Federal Institute for Health Care" by the expression "der Gesundheit Österreich GmbH" replaced.

23. § 351c (7) Z 1 reads:

" 1.		From the determination of the determined EU average price, the proprietary medicinal product shall remain in this area for a maximum of 24 months. If an EU average price cannot be determined, the 24-month period shall commend after 12 months after the entry into the red area. During this period, the Main Association shall decide, in accordance with Section 351d (1), on the basis of a recommendation from the Remedies Evaluation Commission, whether the proprietary medicinal product is to be incorporated in the yellow or green area or from the refund code. . If the authorized company does not apply for inclusion in the yellow or third-quarter period at the latest 90 days (also decided on the price, no later than 180 days) before the end of the 24-month (36-month period) period (§ 351c (1) seventh sentence). in the green area of the refund code, the proprietary medicinal product shall leave the red area of the refund code at the end of the 24-month period (36-month period). There is no need for a decision by the main association. "

Section 351d (1) reads as follows:

" (1) The main association has a request for inclusion in the yellow or green area of the refund code within 90 days (will also be decided on the price, within 180 days) from the date of application on the basis of the recommendation of the Decision of the Commission for the Evaluation of Remedies-Evaluation. The expiry date shall be inhibited if the documents to be submitted by the authorized company (e.g. studies, expert reports, etc.) not be presented in full or not in the current version. "

25. In § 351h para. 3 Z 5, the expression "Austrian Federal Institute for Health Care" by the expression "Health Austria GmbH" replaced.

26. In § 351i para. 1, in the lit. a after the expression "on the inclusion of a proprietary medicinal product in the refund code" the expression "or on inclusion in the yellow or green area of the refund code" inserted.

27. In § 351i para. 4, in the Z 1 after the expression "on inclusion in the refund code" the expression "or on inclusion in the yellow or green area of the refund code" inserted.

28. In § 442 (2), third sentence, the expression "the Fund Healthy Austria" by the expression "der Gesundheit Österreich GmbH aus dem Portfolio Fonds Gesine Österreich" replaced.

29. In accordance with § 630, the following § 631 shall be added together with the heading:

" Final provisions on Art. 1 Part 1 of the Federal Law BGBl. I No 31/2007 (67). Novelle)

§ 631. (1) It shall enter into force:

1.		1. July 2007 § § 8 (1) Z 3 lit. g, 123 (7) to 10, 132c (1) (3) and (4) and (2) to (4), 338 (2a), 340a, 348g, 349 (2b) and 349a of the Federal Law BGBl Act (Bundesgesetz BGBl). I No 31/2007;
2.		with 1. Jänner 2008 § § 351c title, para. 1, 5 and 7 Z 1, 351d para. 1 as well as § 351i para. 1 and 4 Z 1 in the version of the Federal Law BGBl. I No 31/2007;
3.		Retroactively with 1 August 2006 the § § 351c (6), 351h (3) Z 5 and 442 (2) in the version of the Federal Law BGBl. I No 31/2007.

(2) In the event that contractual arrangements are not already in existence on 30 June 2007 on the uniform principles for electronic invoicing with the contractual partners (§ § 340a, 348g and 349a), the contractual partners will have until 31 December 2007. In 2007, it was contractually agreed on these principles. If no agreement has been reached by this date, these principles shall be determined by the Main Association in accordance with instructions from the competent Federal Minister and shall be made available on the Internet at www.avsv.at. The accounting principles, which have been made available on the Internet by the Main Association in accordance with § § 340a, 348g and 349a, are to be applied further in their version valid on 30 June 2007 until 31 March 2008.

(3) On requests for inclusion in the refund code and other applications in accordance with the Rules of Procedure for the publication of the Code of refund in accordance with § 351g of the ASVG, which have been submitted to the Main Association by the end of 31 December 2008, the date of 31 December 2008 The legal situation in force in 2007. This shall also apply to other procedures under this Rules of Procedure, which have been initiated until 31 December 2008. "

Part 2

(1) In § 19a (1), the following sentence shall be inserted after the first sentence:

" The pension insurance pursuant to § 8 para. 1 Z 2 lit. g of this federal law, according to § 3 paragraph 3 Z 4 GSVG and according to § 4a Z 4 BSVG does not apply as compulsory insurance in the sense of the first sentence. "

2. § 33 (1) and (1a) are:

" (1) The service providers have employed every person they have employed under this federal law in the health insurance insured person (full insured and partial insured person) to register with the responsible health insurance institution before working. within seven days of the end of compulsory insurance. The notification by the employer also acts in the field of accident and pension insurance, as far as the person employed is compulsory in this insurance.

(1a) The service provider may fulfil the notification obligation in such a way that it reports in two steps, namely:

1.		before work, the service account number, the names and insurance numbers or the dates of birth of the persons employed, and the place and date of employment (minimum registration); and
2.		the missing information within seven days from the beginning of compulsory insurance (full registration). "

3. § 41 (2) is repealed.

4. In § 41 (4), the point at the end of the Z 2 shall be replaced by a line-point; the following Z 3 shall be added:

" 3.		for the minimum particulars to be registered in accordance with Section 33 (1a) (1), the telephone message and the message shall also be provided by fax. "

5. § 41 (5), first sentence reads:

"Two copies of the confirmed complete notification shall be sent to the service provider."

6. The following sentence shall be added to section 44 (1):

" To the point of the amount of 1 350 € occurs from 1. Jänner of each year, for the first time from 1. Jänner 2006, the amount multiplied by the respective utilization number (§ 108a para. 1) in accordance with section 108 (6) of the above-named amount. "

7. In § 49 (3), the point at the end of the Z 26 shall be replaced by a stroke; the following Z 27 shall be added:

" 27.		for au pairs according to paragraph 8, in addition to the value of the full free station and board, those amounts that the service provider applies for their private health insurance protection and for their participation in language courses and cultural events. "

8. The following paragraph 8 is added to § 49:

" (8) Au-pair-forces within the meaning of subsection 3 Z 27 are persons who:

-				are at least 18 years of age and not more than 28 years old, and are not Austrian nationals,
-				reside in Austria for the purpose of an au pair job, which serves to perfection of the knowledge of the German language and to get to know the Austrian culture,
-				an employment in the household of a host family, which is subject to the law on domestic and domestic employment and which has a maximum of twelve months ' duration,
-				are included in the house community and
-				take care of children of the host family within the framework of their employment relationship.
Insofar as § 1 Z 10 of the Foreigners Employment Ordinance, BGBl. No 609/1990, must be accompanied by an appropriate confirmation of the labour market service and, if necessary, a valid residence permit. '

9. The following paragraph 9 is added to § 77:

" (9) By way of derogation from (6) and (8), the Federal Government shall pay for a total of 48 calendar months in total for each foster care.

1.		also 50% of the contribution to the insured person, if a close relative (a close family member) is entitled to a care allowance in the amount of the level 4 according to § 5 of the Federal Nursing Money Act or under the provisions of the National care money laws are maintained, or
2.		the contributions to the full, if a close relative (a close family) with entitlement to care allowance is maintained at least at the level of level 5 according to § 5 of the Federal Nursing Money Act or according to the provisions of the State Care Money Laws.

The course of the period referred to in the first sentence shall be inhibited at least at level 4 for the duration of the removal of the claim for care allowance. "

10. § 111 together with headline reads:

" Violations of reporting rules

§ 111. (1) Contrary to the provisions of this Federal Law, who as a service provider or other person (position) who is notifiable pursuant to § 36 (position) or as an authorized person pursuant to section 35 (3) is acting in an administrative manner.

1.		Reports or advertisements not or incorrectly or not in good time, or
2.		not or does not continue to issue notification copies in time, or
3.		information is not or is misplaced, or
4.		shall not be allowed to appear in business books, receipts and other records which are significant for the insurance relationship during operating hours, as indicated by the staff of the insurance institutions.

(2) The administrative offence referred to in paragraph 1 shall be punished by the district administrative authority as an administrative surrender, namely:

-			with a fine of € 730 up to € 2 180, in the event of recurrence of € 2 180 up to € 5 000,
-			in the event of a fine of up to two weeks in the event of a fine being unrecoverable,
provided that the act does not constitute a criminal offence under the jurisdiction of the courts, nor is it threatened with tighter penalties under other administrative penalties. Without prejudice to § § 20 and 21 of the Administrative Code Act 1991, the district administrative authority may reduce the fine of up to € 365 if the fault is contrary to the law, if the fault is negligible and the consequences are insignificant. .

(3) The limitation period for administrative transgressions as referred to in paragraph 2 shall be one year.

(4) The insurance institutions and the tax authorities of the Federal Government, whose examiners have entered persons, shall be obliged to notify all of them to the district administrative authority pursuant to paragraph 1 of this Article on the basis of the notice of the administrative offences. "

11. In accordance with § 111, the following § 111a together with the heading is inserted:

" Party position in administrative criminal proceedings

§ 111a. The Federal Government's tax authorities, whose examiners have entered into persons who have not been registered for social security against the entry into force of Section 33 (1), have the right to take part in the administrative criminal proceedings pursuant to Section 111 of the Party and are entitled to Appeal against decisions of appeal and appeal to the Administrative Court. If they renounce the party position, the insurance institution shall enter into this party position. The waiver shall be expressly declared to the District Administrative Authority, which shall immediately inform the insurance institution thereof. The renunciation will result in the interruption of all possible procedural deadlines. "

12. § 113 (1) to (3) are:

" (1) The persons referred to in Article 111 (1) (positions) may be required to make contributions to contributions if:

1.		the registration for compulsory insurance has not been refunded prior to the start of the work, or
2.		the full registration for compulsory insurance pursuant to § 33 (1a) (2) was not reimbursed or was refunded late or
3.		the charge has not been reported or has been reported late or
4.		was reported to be too low a charge.

(2) In the case referred to in paragraph 1 (1) (1), the contribution surcharge shall be composed of two instalments after direct entry within the meaning of § 111a, with which the costs for the separate processing and for the test use shall be covered in a flat-rate manner. The partial amount for the separate processing amounts to € 500 per person not registered before the start of the work; the partial amount for the test use amounts to € 800. In the case of the first late application with insignificant consequences, the The partial amount for the separate processing will be eliminated and the partial amount for the test insert will be reduced to 400 €. In cases which are particularly worthy of consideration, the partial amount for the test insert can also be omitted.

(3) In the cases referred to in paragraph 1 (1) (2) and (3), the contribution surcharge shall not exceed twice the amount of the contributions to the period from the beginning of the compulsory insurance until the absence of the complete application or until the entry into force of the late full registration with the insurance institution or in the case of paragraph 1 (1) (4), the contribution surcharge shall not exceed twice the amount of the difference between the amount of the fee paid by the insurance institution until the payment has been made or until the delay in the reporting of the remuneration has been reported. the contributions resulting from the unreported pay and the contributions to be paid. In determining the contribution premium, the insurance institution shall take account of the economic conditions of the person who is responsible for the contributions and the nature of the reporting breach; however, the contribution surcharge shall be subject to the amount of the interest on arrears. shall not be less than that which would have been payable for the contributions to be repaid without his repudiation on the basis of section 59 (1). "

13. The previous paragraphs 2 to 5 of section 113 are given the names "(4)" to "(7)" .

14. In § 113 (6) (new) the expression "in accordance with paragraph 1" by the expression "according to para. 2 and 3" and the expression "pursuant to paragraph 2" by the expression "according to paragraph 4" replaced.

15 . In § 471d the term " "Deadline for registration and logout" by the expression "Deadline for the complete application in accordance with § 33 (1a) Z 2 and for the logout" replaced.

16. The following sentence shall be added to section 607 (7):

" The same applies to persons who, in spite of the conditions laid down in the first sentence of the first sentence of the first sentence, do not have the early retirement pension for long periods of insurance (early retirement age pension for long periods of insurance), but the retirement pension. (Knappschaftsalterspension) take advantage of. "

17. In § 607 para. 12, first sentence, first sentence, the expression "1 July 1950" by the expression " 1. Jänner 1951 " and the expression "1 July 1955" by the expression " 1. Jänner 1956 " replaced.

18. In § 607 para. 12 third last sentence, the expression "31 December 2007" by the expression "31 December 2010" replaced.

19. In § 607 para. 12 penultimate sentence, the expression " 1. Jänner 2008 " by the expression " 1. Jänner 2011 " replaced.

20. In § 607 para. 14, first sentence, the expression "30 June 1950" by the expression "31 December 1950" and the expression "30 June 1955" by the expression "31 December 1955" replaced.

Section 607 (14a) reads as follows:

" (14a) Persons who meet the eligibility requirements for an early retirement pension pursuant to paragraph 14-with the exception of the condition of the absence of an employment based on compulsory insurance on the cut-off date (§ 253b para. 1 Z 4)-with the acceptance of a previous application has already fulfilled, this pension is maintained. "

22. In § 617 (13) introduction, the expression "30 June 1950" by the expression "31 December 1950" and the expression "30 June 1955" by the expression "31 December 1955" replaced.

23. In § 617 (13) (1), the term " "-1 July 1950 to 31 December 1950 ... 60.5. Year of life; " .

24. In § 617 (13) (2), the term " "-1 July 1955 to 31 December 1955 ... 55.5. Year of life; " .

25. In § 622 (1), first sentence, the expression " , otherwise in force at the time when the Federal Minister for Social Affairs and Consumer Protection-after evaluating the impact of this notification obligation-establishes by Regulation that the technical means available for a General registration obligation " by the expression "in effect" replaced.

26. In § 622 (1), the second and third sentences are deleted.

27. In § 625 (1a) the expression " , otherwise at the time in force resulting from the regulation pursuant to section 622 (1) " by the expression "in effect" replaced.

28. In accordance with § 631, the following § 632 shall be added together with the heading:

" Final provisions on Art. 1 Part 2 of the Federal Law BGBl. I No 31/2007 (67). Novelle)

§ 632. (1) It shall enter into force:

1.		1 July 2007 § § 19a (1), 49 (3) and (8), 77 (9), 607 (7), (12), (14) and (14a) and 617 (13) in the version of the Federal Law BGBl (Federal Law Gazette). I No 31/2007;
2.		with 1. January 2008 § § 33 (1) and (1a), 41 (4) (2) and (3) and (5) (111) together with the title, 111a together with the title, 113, 471d, 622 (1) and 625 (1a) in the version of the Federal Law BGBl. I No 31/2007;
3.		Retroactive with 1. Jänner 2006 § 44 para. 1 in the version of the Federal Law BGBl. I No 31/2007.

(2) Section 41 (2) shall expire on the expiry of 31 December 2007.

(3) The application of § 44 (1) in the version of the Federal Law BGBl. I n ° 31/2007 does not preclude the legal force of any decisions already taken.

(4) By way of derogation from § 44 (1) last sentence in the version of the Federal Law BGBl. I n ° 31/2007 in 2006 and 2007, the monthly contribution basis for self-insured persons in accordance with § 18b amounted to € 1 350.

(5) § 607 (7) in the version of the Federal Law BGBl. I No 31/2007 shall apply, at the request of the pensioner/pensioner, also to old-age pensions (Retirement Pensions) with a date of 31 December 2003 and before 1 July 2007. The legal force of past decisions is not against that. "

Article 2

Amendment of the Industrial Social Insurance Act (32). Novelle to GSVG)

The Industrial Social Security Act, BGBl. No 560/1978, as last amended by the Federal Laws BGBl. I No 169/2006 and BGBl. I n ° 6/2007, is amended as follows:

Part 1

1. § 83 para. 8 lit. a becomes the stroke point at the end by the expression "or" replaced.

2. In § 83 (8), the lit. b. The previous lit. c is given the name "b" .

3. The following sentence shall be added to section 83 (8):

" The status of a member of the family shall be maintained even if the person in force is no longer in a position to lead the household, the child's education (lit. (a) to dedicate or to the insured person (lit. (b) to maintain. "

4. In § 195 (1), the expression " 3, 5, 6 and 7 " by the expression " 3, 5 and 7 " replaced.

5. In § 195 (3), the term " "for the Land of Vienna" by the expression "for the Land of Vienna and the Land of Lower Austria" is replaced by the last sentence.

6. In § 195 (5) Introduction the term " "without prejudice to paragraph 6" .

Section 195 (6) shall be repealed.

8. In § 195 (8), the term " " 5 and 6 " by the expression " 5 " replaced.

9. In accordance with § 316, the following § 317 together with the title is added:

" Final provisions on Art. 2 Part 1 of the Federal Law BGBl. I No 31/2007 (32). Novelle)

§ 317. (1) § § 83 (8) and (195) (1), (3), (5) and (8) in the version of the Federal Law BGBl. I No 31/2007 will enter into force on 1 July 2007.

(2) Section 195 (6) shall expire on 30 June 2007. "

Part 2

1. The following sentence shall be added to Article 26a:

" To the point of the amount of 1 350 € occurs from 1. Jänner of each year, for the first time from 1. January 2006, the amount multiplied by the respective utilisation number (§ 47) in accordance with § 51. "

(2) The following paragraph 10 is added to § 33:

" (10) By way of derogation from paragraph 9, the Federal Government shall pay for a total of 48 calendar months in total for each foster care

1.		also 50% of the contribution to the insured person, if a close relative (a close family member) is entitled to a care allowance in the amount of the level 4 according to § 5 of the Federal Nursing Money Act or under the provisions of the National care money laws are maintained, or
2.		the contributions to the full, if a close relative (a close family) with entitlement to care allowance is maintained at least at the level of level 5 according to § 5 of the Federal Nursing Money Act or according to the provisions of the State Care Money Laws.

The course of the period referred to in the first sentence shall be inhibited at least at level 4 for the duration of the removal of the claim for care allowance. "

3. The following sentence is added to Section 298 (7):

"The same applies to persons who, in spite of the conditions laid down in the first sentence of Section 9, do not claim the early retirement pension for a long period of insurance, but the old-age pension."

4. In § 298 (12), first sentence, first sentence, the expression shall be: "1 July 1950" by the expression " 1. Jänner 1951 " and the expression "1 July 1955" by the expression " 1. Jänner 1956 " replaced.

5. In § 298 (12), third last sentence, the expression "31 December 2007" by the expression "31 December 2010" replaced.

6. In § 298, para. 12 penultimate sentence, the expression " 1. Jänner 2008 " by the expression " 1. Jänner 2011 " replaced.

(7) In § 298 (13a), first sentence, the expression "30 June 1950" by the expression "31 December 1950" and the expression "30 June 1955" by the expression "31 December 1955" replaced.

8. § 298 (13b) reads:

" (13b) Persons who are subject to the conditions for early retirement in accordance with paragraph 13a, with the exception of the condition of the absence of an activity based on compulsory insurance on the reporting date (Section 131 (1) (4)), assuming a previous application has already fulfilled, this pension is maintained. "

9. § 306 Para. 10 Introduction is the expression "30 June 1950" by the expression "31 December 1950" and the expression "30 June 1955" by the expression "31 December 1955" replaced.

10. In § 306 (10) (1) (1), the term " "-1 July 1950 to 31 December 1950 ... 60.5. Year of life; " .

11. In § 306 (10) Z 2 the term " "-1 July 1955 to 31 December 1955 ... 55.5. Year of life; " .

12. In Section 316 (3), the expression "§ 629" by the expression "§ 315" and the expression "§ 629 (2)" by the expression "§ 315 (2)" replaced.

13. In accordance with § 317, the following § 318 and title is added:

" Final provisions on Art. 2 Part 2 of the Federal Law BGBl. I No 31/2007 (32). Novelle)

§ 318. (1) It shall enter into force:

1.		With 1 July 2007 § § 33 (10), 298 (7), (12), (13a) and (13b) and 306 (10) in the version of the Federal Law BGBl. I No 31/2007;
2.		Retroactive with 1. Jänner 2007 of § 316 paragraph 3 in the version of the Federal Law BGBl. I No 31/2007;
3.		Retroactive with 1. Jänner 2006 § 26a in the version of the Federal Law BGBl. I No 31/2007.

(2) The application of § 26a in the version of the Federal Law BGBl. I n ° 31/2007 does not preclude the legal force of any decisions already taken.

(3) § 298 (7) in the version of the Federal Law BGBl. I No 31/2007 shall apply, at the request of the pensioner/pensioner, also to old-age pensions with the date of 31 December 2003 and 1 July 2007. The legal force of past decisions is not against that. "

Article 3

Amendment of the Farmers ' Social Security Act (32). Novelle to the BSVG)

The farmers social security law, BGBl. N ° 559/1978, as last amended by the Federal Laws BGBl. I No 169/2006 and BGBl. I n ° 6/2007, is amended as follows:

Part 1

1. In § 78 (6) introduction the expression " 2 Z 1 " by the expression " 2 Z 1, Para. 6a " replaced.

2. § 78 para. 6a lit. a becomes the stroke point at the end by the expression "or" replaced.

(3) In § 78 (6a), the lit. b. The previous lit. c is given the name "b" .

(4) The following sentence shall be added to section 78 (6a):

" The status of a member of the family shall be maintained even if the person in force is no longer in a position to lead the household, the child's education (lit. (a) to dedicate or to the insured person (lit. (b) to maintain. "

Section 78 (7) reads as follows:

" (7) The statutes may determine, in accordance with the financial performance of the insurance institution, that a person who mainly disposes of his or her living from the income of the holding and who is not employed as a main occupation shall be the persons referred to in paragraph 2 above, or which shall be obtained predominantly by a person covered by the obligation pursuant to Section 4 (1) (1). "

6. In § 78 (8), the expression " 4 Z 3 " by the expression " 4 Z 3, para. 6a " replaced.

7. In § 148f paragraph 3 Z 2, the expression "Pension from own pension insurance according to the ASVG or GSVG" by the expression " Pension arising from the insurance case of reduced employability according to the ASVG or incapacity to work according to the GSVG or a pension for incapacity for invalidity " replaced.

8. In § 148f (3) Z 3, the expression "a pension from our own pension insurance" by the expression "a pension from the insurance case of invalidity" and the expression "a pension from our own pension insurance pursuant to this federal law" by the expression "this pension" replaced.

9. In § 148f (3) penultimate sentence, after the expression of the staples "(§ 149e para. 3)" the expression " , for the payment of earnings (§ 149g (3)) " inserted.

10. § 148i para. 1 first and second sentence are:

" Operating pensions established as permanent dues (§ 149e) shall, unless otherwise specified in the following, fall within the date of the operation of the holding, at the latest with the date of the seizage of a pension from the insurance case of the age after the date of the this or any other federal law or guesthouse away from the insurance case of invalidity under this Federal Act; in this case, the receipt of a pension from a pension shall be equal to the insurance case of the old age. In the case of a fixed-term grant of a pension from the insurance case of invalidity under this Federal Act, the omission of the operating pension is limited with the duration of the fixed-term pension scheme. "

11. In § 148i (2) and (3), the expression "the pension fund or the operational task" in each case by the expression "the operational task or the application of one of the pensions referred to in paragraph 1, first sentence" replaced.

12. In § 148i (4), first sentence, the expression "the pension claim or the operational task" by the expression "the operational task or the right to a pension from the insurance case of invalidity under this Federal Act" replaced.

13. The following paragraph 5 is added to § 148i:

" (5) Operating pensions established as permanent pensions (§ 149e) which, in addition to the receipt of a pension from the insurance case of reduced employability in accordance with the ASVG or the incapacity to work under the GSVG or the incapacity for invalidity, shall be determined by this Federal law-the latter only insofar as it has been brought about by an accident at work or an occupational disease (§ 149d para. 1 Z 2)-or a pension for invalidity is obtained at the latest with the month's serenity after Reaching the rule pensive age away. The provisions of paragraphs 2 and 3 shall apply mutatily. "

14. In § 148j (2), first sentence, the expression " 2 " by the expression " 2, 4 and 5 " replaced.

15. In § 148z para. 3, first sentence, the expression "Incapacity for work" by the expression "Incapacity to work according to the GSVG or under this Federal Act or a pension for incapacity for invalidity" replaced.

16. § 149d (1) Z 2 reads:

" 2.		The insured person at the time of the retirement pension according to paragraph 3 does not yet have a pension from the insurance case of the age under this or another federal law, does not refer to a pension or in the case of a pension entitlement from the insurance cases the reduced working capacity in accordance with the ASVG or the incapacity for invalidity under the GSVG or a pension for invalidity has not yet reached the standard retirement age; in the case of a claim to a pension from the insurance case of the Invalidity under this Federal Act shall be subject to the condition that: the pension cover has been causally brought about by the accident at work or by the occupational disease and the pension shall be located within the year after the date of the entry of the insurance policy. "

17. In § 149d, para. 1 penultimate sentence, the expression "Pension from our own pension insurance pursuant to this federal law" by the expression "Pension from the insurance case of invalidity under this federal law, but before reaching the rule-pensive age" replaced.

18. In § 149g (3), second sentence, the expression "§ 148f para. 1" by the expression " 148f para. 1 and 3 " replaced.

19. § 149l (1) third sentence reads:

" The overall pension shall be based on the basis of assessment in accordance with Section 148f (1), unless all insurance cases relevant to the overall pension are based on a basis of assessment other than those laid down in section 148f (1); this is the basis of the following: The basis for the recent insurance case included in the overall pension. "

20. In § 149n para. 2, first sentence, the expression shall be: "assessment basis" by the expression "Tax base according to § 148f paragraph 1" replaced.

21. The following sentences are added to § 149s:

" In cases of Section 148f (3), if a widow (widower) is involved, the higher, in all other cases, the lower amount shall be deemed to be the basis for assessment. A widower (widower) pension pursuant to § 149o (2) and (3) shall not be taken into account. "

Section 304 (3) and (4) shall be repealed.

23. In accordance with § 306, the following § 307 shall be added together with the heading:

" Final provisions on Art. 3 Part 1 of the Federal Law BGBl. I No 31/2007 (32). Novelle)

§ 307. (1) § § 78 (6) to (8), 148f (3) (2) and (3) and penultimate sentence, 148i (1) first and second sentence, as well as (2) to (5), 148j (2), 148z (3) and (149d) (1) (2) and penultimate sentence, 149g (3), 149l (1), third sentence, 149n (2) and (2), and (2) 149s in the version of the Federal Law BGBl. I No 31/2007 will enter into force on 1 July 2007.

(2) Section 304 (3) and (4) shall expire retroactively with the expiry of the 27 July 2006.

(3) Persons who are entitled to qualify as members of the family pursuant to § 78 (7) (1) (1) (1) in the version in force on 30 June 2007 and at that time already the 27. As long as the relevant facts have not changed, they continue to be entitled to remain as members of the family.

(4) Persons who are entitled to qualify as members of the public in accordance with Section 78 (7) (1) (1) in the version in force on 30 June 2007, and at that time the 27. As long as the relevant facts have not yet been completed, the relevant facts remain unamended as long as the relevant facts are not changed, but at the latest until 31 December 2010.

(5) § 149d (1) (1) (2) and (1) penultimate sentence in the version of the Federal Law BGBl. I No 31/2007 shall apply only to insurance cases which have occurred after 30 June 2007.

(6) § 149l (1) third sentence in the version of the Federal Law BGBl. I No 31/2007 shall apply only to the overall pensions to be formed after 30 June 2007. '

Part 2

(1) The following sentence is added to Article 23a:

" To the point of the amount of 1 350 € occurs from 1. Jänner of each year, for the first time from 1. January 2006, the amount multiplied by the respective utilisation number (§ 45) in accordance with Section 47. "

2. The following paragraph 7 is added to § 28:

" (7) By way of derogation from paragraph 6, the Federal Government shall pay for a total of 48 calendar months in total for each care case.

1.		also 50% of the contribution to the insured person, if a close relative (a close family member) is entitled to a care allowance in the amount of the level 4 according to § 5 of the Federal Nursing Money Act or under the provisions of the National care money laws are maintained, or
2.		the contributions to the full, if a close relative (a close family) with entitlement to care allowance is maintained at least at the level of level 5 according to § 5 of the Federal Nursing Money Act or according to the provisions of the State Care Money Laws.

The course of the period referred to in the first sentence shall be inhibited at least at level 4 for the duration of the removal of the claim for care allowance. "

3. The title of § 186 reads as follows:

"Order of the insurance representatives"

4. § 186 (1) and (2) are:

" (1) The insurance representatives shall be sent to the administrative bodies of the insurance carrier in accordance with the provisions of subsection 2 and 2a, taking into account their professional competence and the achievement of gender parity in the administrative bodies. through a balanced relationship with insurance representatives. The date for the posting is 1 July of the calendar year preceding the beginning of the term of office (§ 190).

(2) The local and relevant legal professional representations of the persons insured under this Federal Law shall have 30 insurance representatives in the General Assembly and eight in the course of the Austrian Chamber of Agriculture. To send insurance representatives to the board of directors. The following are to be made known:

1.		for the sending departments of Lower Austria/Vienna, Upper Austria and Styria, four members for the General Assembly and one member for each of the General Assembly as well as for the Executive Board;
2.		for the sending areas of Salzburg, Tyrol, Vorarlberg, Burgenland and Carinthia each two members for the General Assembly and one member for each of the General Assembly as well as for the Board of Directors. "

5. In § 186, the following subsections (2a) and (2b) are inserted:

" (2a) The Austrian Chamber of Agriculture has 30 insurance representatives to the General Assembly, six insurance representatives to the Board of Directors, as well as to the members of the Supervisory Assembly. The posting shall be made on the basis of a proposal by the groups to be selected in such a way that they are represented in the respective administrative body as a whole, according to the System d' Hondt. In this case, the sum of the valid votes on the individual electoral groups shall be taken into account in the elections to the statutory professional representations of the statutory professional representations of the insured persons in accordance with this federal law. Section 191 (2) must be observed. The number of votes is to be calculated unjust. If, after this calculation, a number of eligible groups have the same entitlement to an insurance agent, the lot shall be decided. In any case, the second-strongest group has a mandate to be omitted in the control assembly. The simultaneous posting of one and the same person as an insured person in both the Supervisory Assembly and the General Assembly is inadmissible.

(2b) The Austrian Chamber of Agriculture has the right to 1. To verify that the allocation of the mandate to the statutory bodies of the statutory professional representations of the persons insured under this Federal Law still remains in force for the second calendar year following the beginning of the term of office. and, if necessary after the end of half of the term of office, to return to the administrative bodies in accordance with paragraph 2a. The elected Obmann/Obwife and the other chairpersons of the administrative bodies as well as their deputists are not affected. With the date of the re-dispatch, all the insurance representatives concerned shall be considered to be incumbents. "

6. § 188 (5) is repealed.

7. In § 195 (1), the third sentence is deleted.

8. The following sentence shall be added to section 287 (7):

"The same applies to persons who, in spite of the conditions laid down in the first sentence of Section 9, do not claim the early retirement pension for a long period of insurance, but the old-age pension."

9. In § 287 (12), first sentence, first sentence, the expression "1 July 1950" by the expression " 1. Jänner 1951 " and the expression "1 July 1955" by the expression " 1. Jänner 1956 " replaced.

10. In § 287 (12), third last sentence, the expression "31 December 2007" by the expression "31 December 2010" replaced.

11. In § 287, para. 12 penultimate sentence, the expression " 1. Jänner 2008 " by the expression " 1. Jänner 2011 " replaced.

12. In § 287 (13a), first sentence, the expression "30 June 1950" by the expression "31 December 1950" and the expression "30 June 1955" by the expression "31 December 1955" replaced.

Article 287 (13b) reads as follows:

" (13b) Persons who meet the eligibility requirements for early retirement in accordance with paragraph 13a-except for the condition of the absence of an employment based on compulsory insurance on the reporting date (§ 122 (1) (4))-with the acceptance of a previous application has already fulfilled, this pension is maintained. "

14. In § 295 (11) introduction, the expression "30 June 1950" by the expression "31 December 1950" and the expression "30 June 1955" by the expression "31 December 1955" replaced.

15. In § 295 (11) (1) (1) the term " "-1 July 1950 to 31 December 1950 ... 60.5. Year of life; " .

16. In § 295 (11) (2), the expression is deleted "-1 July 1955 to 31 December 1955 ... 55.5. Year of life; " .

17. In § 306, para. 3, the expression "§ 629" by the expression "§ 305" and the expression "§ 629 (2)" by the expression "§ 305 (2)" replaced.

18. In accordance with § 307, the following § 308 together with the title is added:

" Final provisions on Art. 3 Part 2 of the Federal Law BGBl. I No 31/2007 (32). Novelle)

§ 308. (1) It shall enter into force:

1.		1 July 2007 § § 28 (7), 287 (7), (12), (13a) and (13b) and 295 (11) in the version of the Federal Law BGBl. I No 31/2007;
2.		with 1. January 2008 § § 186, title and para. 1, 2 and 2a as well as 195 (1) in the version of the Federal Law BGBl. I No 31/2007;
3.		with 1. Jänner 2011 § 186 (2b) in the version of the Federal Law BGBl. I No 31/2007;
4.		Retroactive with 1. Jänner 2007 § 306 paragraph 3 in the version of the Federal Law BGBl. I No 31/2007;
5.		Retroactive with 1. Jänner 2006 § 23a in the version of the Federal Law BGBl. I No 31/2007.

(2) Section 188 (5) shall expire at the end of 31 December 2007.

(3) The application of § 23a in the version of the Federal Law BGBl. I n ° 31/2007 does not preclude the legal force of any decisions already taken.

(4) § 287 (7) in the version of the Federal Law BGBl. I No 31/2007 shall apply, at the request of the pensioner/pensioner, also to old-age pensions with the date of 31 December 2003 and 1 July 2007. The legal force of past decisions is not against that. "

Article 4

Amendment of the General Pensions Act (4). Novelle to the APG)

The General Pension Act, BGBl. I n ° 142/2004, as last amended by the Federal Law BGBl. I No 170/2006, is amended as follows:

(1) The following paragraph 7 is added to § 4:

" (7) Persons who have already fulfilled the conditions of eligibility for the labour market-with the exception of the condition referred to in paragraph 3 (2) in conjunction with paragraph 6-with the acceptance of an earlier application, remain the same Pension rights are respected. "

2. In § 15 paragraph 4 Z 2, the expression "0.35%" by the expression "0.175%" replaced.

3. In the heading to § 19, the expression "to the federal law" by the expression "on Art. 1 of the Federal Law" replaced.

4. In accordance with § 19, the following § 20 and title shall be added:

" Final provisions on Art. 4 of the Federal Law BGBl. I No 31/2007 (4. Novelle)

§ 20. (1) It shall enter into force:

1.		1 July 2007 § § 15 (4) Z 2 and 19 in the version of the Federal Law BGBl. I No 31/2007;
2.		Retroactive with 1. Jänner 2007 § 4 paragraph 7 in the version of the Federal Law BGBl. I No 31/2007.

(2) § 4 (7) in the version of the Federal Law BGBl. I n ° 31/2007 is on heavy-duty lesions with a cut-off date from 1 January 2007. Jänner 2007. The legal force of past decisions is not contrary to that.

(3) § 15 para. 4 Z 2 in the version of the Federal Law BGBl. I No 31/2007 should also be applied to corridor pensions with the deadline of 1 July 2007. The legal force of past decisions is not against that. "

Article 5

Amendment of the Federal Nursing Money Act

The Federal Nursing Money Act, BGBl. N ° 110/1993, as last amended by the Federal Law BGBl. I No 89/2006, is hereby amended as follows:

1. § 12 (3) Z 2 reads:

" 2.		for the duration of the stay in accordance with section 1 Z 1 to the extent of the contribution level for the further insurance of a carer pursuant to § 77 (6) and (9) of the ASVG, § 33 (9) and 10 GSVG, § 8 FSVG or § 28 (6) and (7) BSVG, the contribution level for the Self-insurance of a carer according to § 77 (8) and (9) of the ASVG or the contribution level for the self-insurance of a carer according to § 589 para. 5 ASVG; "

(2) The following paragraph 10 is added to § 49:

" (10) § 12 para. 3 Z 2 in the version of the Federal Law BGBl. I n ° 31/2007 will enter into force on 1 July 2007. '

Fischer

Gusenbauer