Key Benefits:
131. Federal Law, with which the General Social Security Act, the Industrial Social Security Act, the Farmers-Social Insurance Act, the Official Health and Accident Insurance Act, the Unemployment Insurance Act 1977 and the Special Support Act (Sozialrechts-amending Act 2006-SRÄG 2006)
The National Council has decided:
Article 1
Amendment of the General Social Insurance Act (66). Novelle to the ASVG)
The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I n ° 155/2005, is amended as follows:
1. § 8 para. 1 Z 3 lit. a is the expression " the shareholders of an open trading company or an open-trade company, the personally liable partner of a limited partnership, or A Kommandit-Employment Company " by the expression "the shareholders of an open society, the shareholders/shareholders of a limited partnership" replaced.
2. § 8 para. 1 Z 3 lit. b becomes the expression " the shareholder of an open trading company, the personally liable partner of a limited partnership, the partner of an open-trade company and the personally liable partner of a Kommandit-Employment Company " by the expression "the shareholder/shareholder of an open company and the non-restricted partners/shareholders of a limited partnership" replaced.
3. § 8 para. 1 Z 3 lit. g is after the expression "Ski Instructing Association," the expression "the Salzburger Berufs-Schi-und Snowboardlehrerverband und" inserted.
4. In § 8 paragraph 1 Z 3 lit. g is not the expression "and the Austrian dentist ' s Chamber" .
5. In § 30 (4), the term " "§ 8 para. 1 lit. c" by the expression "§ 8 para. 1 Z 1 lit. c" replaced.
6. In § 31 (3) (9), the following sentences shall be inserted before the last sentence:
" In addition, special support measures for women in the sense of § § 11 to 11d of the Federal Equal Treatment Act (B-GlBG), BGBl. No 100/1993. § 12 (1) and (2) B-GlBG must be applied with the proviso that the main association shall report for itself and in each case for the insurance institutions. "
(7) The following sentences are added to Article 31a (4):
" In any case, components of ELSY may be used for the following other social security purposes:
| 1. |
Examination of claims against health care facilities in accordance with § 2 paragraph 1 Z 2 B-KUVG; |
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| 2. |
Examination of claims against social assistance carriers according to national regulations; |
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| 3. |
Reading out of the on the e-card according to § 31a para. 3 Z 1 lit. a stored data; |
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| 4. |
Documentation of a claim on a pension from a statutory pension insurance or a rest and supply pleasure. |
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| The expenses incurred by the use of components of ELSY for these purposes shall be paid to the main association in accordance with a contractual arrangement. " |
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7a. In accordance with Section 31a (4), the following paragraph 4a is inserted:
" (4a) The use of components of the ELSY by storing and reading out data of the e-card for purposes pursuant to paragraph 4 (4) (3) and (4) shall only be made at the express request of the cardholder. It is prohibited to make a claim by the cardholder/cardholder dependent on the use of components of ELSY for the purposes of paragraph 4 (4) (3) and (4) or to influence the content of the card holder; paragraph 6, second sentence, shall apply. "
7b. In § 51d (3) (2) (2), after the expression "therethrough" the expression "Child Education" inserted.
8. In § 67, para. 4, the expression "§ 25 of the Commercial Code" by the expression " § 38 of the Corporate Legislative Code (UGB), dRGBl. S. 219/1897, " replaced.
9. In § 67, para. 10, the parenthesis shall be " (open trading company, open-ended working party, Kommanditgesellschaft, Kommanditgesellschaft, Kommanditgesellschaft, Kommandit-Employment Company) by the parenthesis expression "(open society, limited partnership)" replaced.
11. In § 122 (2) (2) (2), the expression "Three Weeks" in each case by the expression "six weeks" replaced.
11a. § 123 (7a) reads:
" (7a) As a family member, a person not related to the insured person, who has been living with him/her in the household for at least ten months and has been in charge of the household for free since that time, if one of the members of the household is in the common position. Household living/r spouse/spouse does not exist if:
| a) |
to devote itself to the education of one or more children living in the common household as referred to in paragraph 4, first sentence, or to be devoted to children's education through at least four years; |
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| b) |
it is entitled to care allowance at least at the level of level 4 according to § 5 of the Federal Nursing Money Act or in accordance with the provisions of the Land Care Money Laws; |
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| c) |
it maintains the insured person/insured person with entitlement to care allowance at least at the level of level 4 according to the Federal Nursing Money Act or according to the provisions of the Land Care Money Laws. " |
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12. In § 138 (1), after the expression "Beneficiaries" the expression " , but only in the first three weeks of this eligibility, " inserted.
13. In § 176 (1) Z 5, the expression " § 1 para. 1 of the Commercial Code Act, BGBl. No. 182/1946 " by the expression " § 1 (2) of the Economic Chamber Act 1998, BGBl. I No 103 " replaced.
14. In § 176 (1) Z 11, the expression " Federal Law on the Establish of a Pupil Representation, BGBl. No 56/1981 ' by the expression " Student Representative Law, BGBl. No. 284/1990 replaced.
15. In § 176 (1) Z 12, the expression " Hochschülerschaftsgesetz 1973, BGBl. No. 309 " by the expression " Hochschülerschaftsgesetz 1998, BGBl. I No 22/1999 " replaced.
16. In § 176 (1) Z 13, the expression "Section 1 (1) of the Commercial Code Act" by the expression "Section 1 (2) of the Economic Chamber Act 1998" replaced.
17. In § 201 para. 4, the expression "in a sheltered workshop or" by the expression "in an Integrative Operation and" replaced.
18. In § 204, para. 2, after the expression "People" the expression " , unless they are entitled to sickness benefit (§ 472 (3), first sentence), " inserted.
19. In § 335, para. 1, the expression " an open trading company or open working society or a limited partnership, or Kommandit-Employment Company " by the expression "an open society or a Kommanditgesellschaft" and the expression " a personally liable partner of an open trading company or an open-trade company or a limited partnership, Kommandit-Employment Company " by the expression "an unlimited liable partner/shareholder of an open society or a limited partnership" replaced.
19a. § 351g para. 4 reads:
" (4) The Main Association shall fix the costs of the proceedings in accordance with § § 351c (1) and (351e) 351e by means of a regulation on the costs of the proceedings. The level of the flat-rate cost rates shall be determined by the cost of an average procedure, in any case between the procedure for the inclusion of a proprietary medicinal product in the refund code and the procedure for the modification of the To distinguish between the prescription or the price increase of the proprietary medicinal products listed in the refund code. The applicant has to pay the costs at the same time as the application to the main association, otherwise the application is considered incomplete. The regulation is to be published on the Internet. "
20. In section 351i (4), the following sentences shall be inserted before the last sentence:
" For the time of obtaining an opinion from an independent expert/expert at the instipation of the requesting company entitled to drive in accordance with the regulation according to § 351g, the run of the deadline of 120 days will be inhibited. However, if a statement by the main association for the eligibility of a proprietary medicinal product is repealed in accordance with section 351c (1), the time limits for the main association shall begin with the date of notification of the repeal decision in accordance with § § 351c (1) (1) (1) (1) of the German Judgment second sentence and 351c (7) Z 1. "
21. The following sentence shall be added to section 363 (1):
"In the case of a labour force transfer, these reporting obligations shall be the responsibility of the employee/employee in accordance with Section 3 (3) of the Labour Force Act on Employment."
22. In § 363 (3) (1), the expression " Labour Inspectorate Act, BGBl. No. 194/1947 " by the expression " Labour Inspectorate Act 1993, BGBl. Nr. 27 " replaced.
23. In § 363 (3) Z 2, the expression " Traffic Labor Inspectorate Act, BGBl. No. 99/1952 " by the expression " Federal Law on Transport-Labour Inspectorate, BGBl. No. 650/1994 " replaced.
24. In § 365 (3) the expression " § 16 of the Labor Inspectorate Act, BGBl. No. 143/1974 " by the expression " § 21 of the Labour Inspectorate Act 1993, BGBl. Nr. 27 " replaced.
25. In § 365 (3) the expression " § 15 of the Traffic Labour Inspectorate Act, BGBl. No. 99/1952 " by the expression " Section 21 of the Federal Law on Transport-Labour Inspectorate, BGBl. No. 650/1994 " replaced.
26. In § 421 (1), the following sentence shall be inserted after the first sentence:
"It is the right balance between insurance representatives and insurance representatives to make sure that gender parity is achieved in the administrative bodies."
27. In § 442 (2), third sentence, after the expression "the Pharamy Association of Pharmaceutical Companies" the expression " , the Austromed-Association of Medical Devices-Companies Austria " inserted.
27a. § § 447a and 447b together with the headings are:
" Compensation Fund of the Territorial Sickness Funds
§ 447a. (1) The compensation fund established in the main association shall have a balanced structure or a balance. ensure the adequate liquidity of the territorial health insurance funds and, in accordance with the resources available, make payments to the territorial health insurance funds in accordance with the provisions set out below.
(2) The assets of this Fund shall be managed separately from the other assets of the Main Association. For each year, a clearance of accounts must be drawn up, which must, in any case, consist of a statement of success and a final balance sheet at the end of the year. In addition, a business report must be drawn up at the end of each year and must be presented with the accounts of the Federal Minister for Health and Women.
(3) The funds of the compensation fund shall be provided by:
| 1. |
the contributions of the territorial health insurance funds (para. 4); |
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| 2. |
the flat-rate contribution according to § 1 paragraph 2 GSBG; |
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| 3. |
the contributions according to § 3 DAG; |
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| 4. |
the revenue in accordance with section 447f (9); |
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| 5. |
other revenue. |
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(4) The territorial health insurance funds have to pay a contribution to the extent of 2.0% of their contribution income. This contribution shall be determined by the sum of the contributions due for the previous calendar year and shall be in each case on 1 April and 1 in two equal instalment amounts. October of each calendar year to the main association. The amount referred to in paragraph 3 Z 2 shall be monthly up to 25%. of the following month by the Federal Minister of Finance to the compensation fund of the territorial health insurance funds.
(5) From annual revenue (para. 3 Z 1 to 4) are to be used 10% to form a reserve, which may only be used to cover an extraordinary effort. If this reserve reaches the level of 0.5% of the total contribution income of all the regional health insurance funds participating in the Fund in the previous calendar year, it will not be further increased. The reserve is to be invested in a interest-bearing manner within the meaning of § 446.
(6) The revenue of the Fund as set out in paragraph 3 (1) to (4), including any asset ' s assets, shall be applicable to the areas of
| 1. |
Balancing different structures, |
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| 2. |
Balancing different liquidity, |
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| 3. |
Establishment of a general hospital and |
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| 4. |
Coverage of special compensation needs |
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| to use. |
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(7) The division ratio of the funds between the areas referred to in paragraph 6 as well as the period for which this applies shall be determined by the carrier conference and shall be made available on the Internet in the guidelines pursuant to § 447b (3). If no new division ratio is set at the end of this period, the current one shall continue to apply.
(8) The allocation of funds to the Regional Sickness Funds
| 1. |
pursuant to section 6 (1) (1) of Article 447b, |
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| 2. |
pursuant to section 6 (2) (2) on the basis of the negative net assets of the claimant/claimant, |
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| 3. |
According to paragraph 6 Z 4, according to a division key, which has to take into account the objective of Z 4. This key, as well as the period for which it is valid, must be determined by the carrier conference and made available on the Internet in the guidelines pursuant to § 447b (3). If no new key is set at the end of this period, the current one shall continue to apply. |
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(9) The funds referred to in paragraph 6 (1) (1) to (4) shall, after the existence of the documents required for their identification, be the eligible territorial health insurance funds up to the first subparagraph of 1. October of the following financial year due to a decision of the Board of the Association. The final settlement shall be made no later than the end of February of the second year following a decision of the carrier conference. In the case of missing documents, the funds shall be allocated in accordance with the documents of the previous year. The appropriations shall be allocated in a proportionate manner in accordance with the amounts available.
(10) For the years 2005 to 2008, the Federal Minister of Finance will transfer the annual volume of tobacco tax, which is derived from the Tobacco Control Act 1995, as amended by the Federal Law BGBl. I n ° 156/2004. This annual amount of tobacco tax is to be determined by comparing the amount of tobacco tax from February 2005 to January 2006 with that from February 2004 to January 2005 (annual amount). The first transfer to the compensation fund will take place in September 2005 on the basis of the comparison between the months of February and August 2005, with the corresponding period of the previous year. The transfer of the difference to the annual amount will be made in March 2006. In the years 2006 to 2008, the annual amount will be transferred to the compensation fund in September.
(11) The appropriations referred to in paragraph 10 shall be added in accordance with the conditions laid down in the following:
| 1. |
two-thirds of the compensation fund for the financing of hospitals in accordance with § 447f and |
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| 2. |
one third to the fund for screening (healthy) investigations and health promotion according to § 447h |
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| to be transferred. |
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(12) Benefits from the Territorial Sickness Insurance Fund's compensation fund do not apply if the Territorial Sickness Fund has brought about an unfavourable cash situation by dismissal of the principles of an economic administration itself.
Compensation of different structures
§ 447b. (1) The following variables shall be taken into account for the compensation of different structures (§ 447a (6) (1)):
| 1. |
Contribution receipts and receipts from the prescription fee, minus those structurally related expenses which are not reflected in the average cost of Z 2; |
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| 2. |
Average costs according to age and sex of eligible persons, which are to be determined by all territorial health insurances in one-year old age groups, as well as for beneficiaries for which exceptionally high performances are provided. Those eligible for exceptionally high performance are those whose annual health benefits are higher than those of the remaining 99% of all benefit recipients and benefit-related; |
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| 3. |
regional charges, determined from the data bases and calculation results according to Z 2, which exceed the average cost after Z 2. Expenses for hospital care remain unaccounted for; |
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| 4. |
Charges arising from the financing of hospitals pursuant to § 447f. |
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(2) The data for the calculation of the compensation of different structures as referred to in paragraph 1 are:
| 1. |
from the financial statements of the Regional Health Insurance Funds, |
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| 2. |
from the final transfers of the Regional Sickness Funds pursuant to § 447f and |
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| 3. |
-anonymized-at least from the data of the territorial health insurance funds, which are used for the benefit information to the insured pursuant to Section 81 (1), |
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| to be identified. All calculations according to paragraph 1 shall be made by the main body. |
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(3) The main organisation shall set out the rules for the calculation of the structural compensation referred to in paragraph 1 of this Directive. These guidelines are to be decided by the carrier conference and can be made available on the Internet.
(4) The decisions of the carrier conference provided for in § § 447a and 447b shall only be valid if the decision, in addition to the general decision-making requirements (§ 441a (2)), also provides for a majority of two-thirds of the members present. Legal guardians of the territorial health insurance funds (§ 441a paragraph 1 Z 1 lit. d) has agreed. "
28. In § 448 (4), first sentence, the expression "as well as the representative of the Federal Minister for Health and Women" by the expression " , the representative of the Federal Minister for Health and Women, as well as the representative of the State Governor " replaced.
29. In § 474 (1), first sentence, the expression "and 83" by the expression " , 83 and 83a " replaced.
30. In § 474, paragraph 1, first sentence in the version of the Federal Law BGBl. I n ° 145/2003, the following expression: "and 83" by the expression " , 83 and 83a " replaced.
30a. In § 621 (3), the expression "§ 322a" by the expression § § 322a and 447a (5) Z 3 second sentence " replaced.
31. The No. 27 lit. b of Appendix 1 shall be indicated by the following lit. b to d replace:
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32. In the No 43 of Appendix 1, the term " "animal or plant origin" .
33. In point 45 of Appendix 1, the expression: "Beech or oak wood" by the expression "Hartholz" replaced.
34. In the No 51 of Appendix 1, the expression: "Alkyl, acrylic or alkylaryl oxides" by the expression "alkyl, aryl or alkylaryl oxides" replaced.
35. In Appendix 1, the following point 53 is added after the number 52:
| " 53 |
Allergi-induced anaphylactic reactions after latex sensitisation |
All companies " |
36. In accordance with § 627, the following § 628 shall be added together with the heading:
" Final provisions on Art. 1 of the Federal Law BGBl. I No 131/2006 (66). Novelle)
§ 628. (1) It shall enter into force:
| 1. |
1. July 2006 § § 8 para. 1 Z 3 lit. g in the version of Z 3, 31 (3) Z 9, 31a (4) and 4a, 122 (2) (2), (2), 138 (1), 351g (4), 351i (4), 363 (1), 421 (1), 442 (2), 447a, 447b, 474 (1), in the version of Z 29 and 621 (3) and 1 (27) (lit). b to d, n. 43, No. 45 and No. 53 in the version of the Federal Law BGBl. I No 131/2006; |
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| 2. |
1 August 2006, § § 51d (3) Z 2 and 123 (7a) in the version of the Federal Law BGBl. I No 131/2006; |
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| 3. |
with 1. Jänner 2007 § § 8 para. 1 Z 3 lit. a and b, 67 (4) and (10) and 335 (1) in the version of the Federal Law BGBl. I No 131/2006; |
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| 4. |
with 1. Jänner 2009 § 474 paragraph 1 in the version of the Z 30 in the version of the Federal Law BGBl. I No 131/2006; |
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| 5. |
Retroactive with 1. Jänner 2006 § § 8 para. 1 Z 3 lit. g in the version of the Z 4 and 30 para. 4 in the version of the Federal Law BGBl. I No 131/2006; |
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| 6. |
Retroactive with 1. Jänner 2005 § 204 paragraph 2 in the version of the Federal Law BGBl. I No 131/2006; |
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| 7. |
Retroactively with 1 May 2003 § 448 para. 4 in the version of the Federal Law BGBl. I No 131/2006; |
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| 8. |
Retroactive with 1 February 1999 § 176 para. 1 Z 12 in the version of the Federal Law BGBl. I No 131/2006; |
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| 9. |
Retroactive with 1. January 1999 § § 176 (1) Z 5 and 13 as well as 201 (4) in the version of the Federal Law BGBl. I No 131/2006; |
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| 10. |
Retroactively with 1 August 1998, Annex 1, No. 51, as amended by the Federal Law BGBl. I No 131/2006; |
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| 11. |
Retroactively with 1 September 1994 the § § 363 (3) Z 2 and 365 (3) in the version of the Z 25 in the version of the Federal Law BGBl. I No 131/2006; |
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| 12. |
Retroactively with 1 April 1993 the § § 363 (3) Z 1 and 365 (3) in the version of the Z 24 in the version of the Federal Law BGBl. I No 131/2006; |
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| 13. |
retroactively with 1 September 1990 § 176 para. 1 Z 11 in the version of the Federal Law BGBl. I No 131/2006. |
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(2) On 1 July 2006, the insured person shall be suffering from a disease which is only due to the Federal Law BGBl. 131/2006 as an occupational disease, or if it has died from such a disease before 1 July 2006, the benefits of the accident insurance are to be provided to them or to their survivors if the insurance case is in accordance with the provisions of 31 December 2006. The services shall be submitted at the earliest from 1 July 2006 if the application is submitted by the end of 30 June 2007; if the application is submitted after 30 June 2007, the benefits shall be charged at the earliest from the date of the date of expiry of the date of 30 June 2007. the application.
(3) Before the 1. Jänner 2007 into the Company Book registered partnerships of commercial law and labor companies are still required for the duration of the company's continuation without the legal form additive prescribed in accordance with Section 19 (1) Z 2 and 3 Company Code. § § 8 para. 1 Z 3 lit. a in the version of the BGBl. I n ° 138/1998 and 8 (1) Z 3 lit. b in the version of the BGBl. No 411/1996 as well as the § § 67 (10) and 335 (1) in the version of the BGBl. No 741/1990.
(3a) Persons who are persons according to § 123 (8) (8) lit. b in the version in force on 31 July 2006 are eligible for eligibility 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.
(3b) Persons who are persons according to § 123 (8) (8) lit. b in the version in force on 31 July 2006, are eligible for eligibility 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 2009.
(4) § 351g para. 4 in the version of the Federal Law BGBl. I n ° 131/2006 shall apply only to applications which have been submitted to the main body after 31 December 2006. To applications submitted before the 1. January 2007 at the main association, § 351g para. 4 is to be applied in the version in force on 30 June 2006.
(5) § § 447a (1) to (9) and (447b) in the version of the Federal Law BGBl. I n ° 131/2006 will be applied for the first time in respect of compensation for 2005, effective in the 2006 financial year. "
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 n ° 155/2005, is amended as follows:
1. In § 2 (1) Z 2, the expression "Partner of an open trading company, the personally liable partners of a limited partnership, the shareholders of an open working party and the personally liable partners of a Kommandit-acquisition company" by the expression "Shareholders of an open society and the unrestricted partners/shareholders of a limited partnership" replaced.
1a. In § 10 (1) Z 3 the term " "Other sex" .
1b. In § 27c (3) (2), after the expression "therethrough" the expression "Child Education" inserted.
1c. § 83 (8) reads:
" (8) As a family member, a person not related to the insured person, who has been living with him/her in the household for at least ten months and has been in charge of the household for free since that time, is also considered to be a person who is not related to him/her since that time, if one/one in the common Household living/r spouse/spouse does not exist if:
| a) |
to devote itself to the education of one or more children living in the common household as referred to in paragraph 4, first sentence, or to be devoted to children's education through at least four years; |
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| b) |
it is entitled to care allowance at least at the level of level 4 according to § 5 of the Federal Nursing Money Act or in accordance with the provisions of the Land Care Money Laws; |
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| c) |
it maintains the insured person/insured person with entitlement to care allowance at least at the level of level 4 according to the Federal Nursing Money Act or according to the provisions of the Land Care Money Laws. " |
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2. The previous text of § 109, together with the title, is inserted as new § 104.
(3) In § 162 (4), the expression "in a sheltered workshop or" by the expression "in an Integrative Operation and" replaced.
4. In § 198 (1), the following sentence shall be inserted after the first sentence:
"It is the right balance between insurance representatives and insurance representatives to make sure that gender parity is achieved in the administrative bodies."
4a. § 311 (6) in the version of the Federal Law BGBl. I n ° 132/2005 is:
" (6) The term of office of the administrative body of the social security institution of the commercial economy, which is on 31 December 2005, shall be extended until 31 December 2007. By way of derogation from § 202, the term of office shall take the form of 1. January 2008 to be a three-year administrative body. "
5. In accordance with § 313, the following § 314 with the title is added:
" Final provisions on Art. 2 of the Federal Law BGBl. I No 131/2006
§ 314. (1) It shall enter into force:
| 1. |
1 July 2006, § § 198 (1) and 311 (6) in the version of the Federal Law BGBl. I No 131/2006; |
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| 2. |
1. August 2006, § § 10 (1) Z 3, 27c (3) (3) (2) and 83 (8) in the version of the Federal Law BGBl (Federal Law Gazette). I No 131/2006; |
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| 3. |
with 1. Jänner 2007 § 2 paragraph 1 Z 2 in the version of the Federal Law BGBl. I No 131/2006; |
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| 4. |
Retroactive with 1. Jänner 1999 § 162 paragraph 4 in the version of the Federal Law BGBl. I No 131/2006. |
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(2) Before the 1. Jänner 2007 into the Company Book registered partnerships of the commercial law and labor companies is for the duration of the company's continuation without the legal form additive prescribed in accordance with § 19 (1) Z 2 and 3 of the Company Code 2 (1) Z 2 in the version of the BGBl. No 741/1990.
(3) Persons who are entitled to be eligible as members under Section 83 (8) in the version in force on 31 July 2006 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 be eligible as members under Section 83 (8) in the version in force on 31 July 2006 and at that time the 27. As long as the relevant facts have not yet been completed, as long as the relevant facts remain unamended, they shall continue to be entitled to the end of the period until 31 December 2009. "
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 n ° 155/2005, is amended as follows:
1. In § 24b (3) Z 2, after the expression "therethrough" the expression "Child Education" inserted.
1a. In § 38 (8), the parenthesis shall be " (open trading company, open-ended working party, Kommanditgesellschaft, Kommanditgesellschaft, Kommanditgesellschaft, Kommandit-Employment Company) by the parenthesis expression "(open society, limited partnership)" replaced.
1b. According to Article 78 (6), the following paragraph 6a is inserted:
" (6a) As a family member, a person not related to the insured person, who has been living with him/her in the household for at least ten months and has been in charge of the household for free since that time, if one of the members of the household is in the common position Household living/r spouse/spouse does not exist if:
| a) |
to devote itself to the education of one or more children living in the common household as referred to in paragraph 4, first sentence, or to be devoted to children's education through at least four years; |
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| b) |
it is entitled to care allowance at least at the level of level 4 according to § 5 of the Federal Nursing Money Act or in accordance with the provisions of the Land Care Money Laws; |
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| c) |
it maintains the insured person/insured person with entitlement to care allowance at least at the level of level 4 according to the Federal Nursing Money Act or according to the provisions of the Land Care Money Laws. " |
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2. In § 149a (4), the term " "in a sheltered workshop or" by the expression "in an Integrative Operation and" replaced.
3. In § 154 (4), the term " "in a sheltered workshop or" by the expression "in an Integrative Operation and" replaced.
(4) In § 186 (1), the following sentence shall be inserted after the first sentence:
"It is the right balance between insurance representatives and insurance representatives to make sure that gender parity is achieved in the administrative bodies."
4a. Section 300 (7) reads as follows:
" (7) The term of office of the administrative bodies of the social security institution of the farmers, which is on 31 December 2005, shall be extended until 31 December 2007. By way of derogation from § 190, the term of office shall take the form of 1. January 2008 to be a three-year administrative body. "
5. In accordance with § 303, the following § 304 shall be added together with the heading:
" Final provisions on Art. 3 of the Federal Law BGBl. I No 131/2006
§ 304. (1) It shall enter into force:
| 1. |
1 July 2006 § § 186 (1) and (300) (7) in the version of the Federal Law BGBl (Federal Law Gazette). I No 131/2006; |
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| 2. |
With 1 August 2006, § § 24b (3) Z 2 and 78 (6a) in the version of the Federal Law BGBl. I No 131/2006; |
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| 3. |
with 1. Jänner 2007 § 38 (8) in the version of the Federal Law BGBl. I No 131/2006; |
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| 4. |
Retroactive with 1. January 1999 § § 149a (4) and 154 (4) in the version of the Federal Law BGBl. I No 131/2006. |
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(2) Before the 1. Jänner 2007 into the Company Book registered partnerships of the commercial law and labor companies is for the duration of the company's continuation without the legal form additive prescribed in accordance with § 19 (1) Z 2 and 3 of the Company Code 38 (8) in the version of the BGBl. No 741/1990.
(3) Persons who are entitled to be eligible as members under Section 78 (7) (1) (1) in the version in force on 31 July 2006 and at that point in 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 31 July 2006, and at that time the 27. As long as the relevant facts have not yet been completed, as long as the relevant facts remain unamended, they shall continue to be entitled to the end of the period until 31 December 2009. "
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 n ° 155/2005, is amended as follows:
1. In § 20b, paragraph 3, Z 2, after the expression "therethrough" the expression "Child Education" inserted.
(2) The following paragraph 6a is inserted in accordance with Article 56 (6):
" (6a) As a family member, a person not related to the insured person, who has been living with him/her in the household for at least ten months and has been in charge of the household for free since that time, if one of the members of the household is in the common position Household living/r spouse/spouse does not exist if:
| a) |
to devote itself to the education of one or more children living in the common household as referred to in paragraph 4, first sentence, or to be devoted to children's education through at least four years; |
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| b) |
it is entitled to care allowance at least at the level of level 4 according to § 5 of the Federal Nursing Money Act or in accordance with the provisions of the Land Care Money Laws; |
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| c) |
it maintains the insured person/insured person with entitlement to care allowance at least at the level of level 4 according to the Federal Nursing Money Act or according to the provisions of the Land Care Money Laws. " |
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2a. The previous text of § 86, together with the title, is inserted as § 83a together with the title in accordance with § 83.
3. § 214 in the version of the Federal Law BGBl. I n ° 155/2005 is given the name "§ 215" .
4. In accordance with § 215, the following § 216 together with the heading is added:
" Final provisions on Art. 4 of the Federal Law BGBl. I No 131/2006
§ 216. (1) It shall enter into force:
| 1. |
1 July 2006 § 133 (1) in the version of the Federal Law BGBl. I No 131/2006; |
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| 2. |
With 1 August 2006, § § 20b (3) Z 2 and 56 (6a) in the version of the Federal Law BGBl. I No 131/2006. |
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(2) Persons who are entitled to be eligible as members under Section 56 (6) in the version in force on 31 July 2006 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.
(3) Persons who are entitled to qualify as members of the family pursuant to § 56 (6) in the version in force on 31 July 2006 and at that time the 27. As long as the relevant facts have not yet been completed, as long as the relevant facts remain unamended, they shall continue to be entitled to the end of the period until 31 December 2009. "
Article 5
Amendment of the 1977 Unemployment Insurance Act
The Unemployment Insurance Act 1977, BGBl. N ° 609, as last amended by the Federal Act BGBl. I n ° 36/2006, is amended as follows:
1. In § 15 (3), the previous Z 5 shall be designated as Z 6 and the following new Z 5 shall be inserted:
| " 5. |
has maintained a disabled child and was insured in the pension insurance scheme in accordance with § 18a ASVG; " |
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Section 40 (3) reads as follows:
" (3) The recipients of benefits in accordance with § 6 Z 1 to 3, 6 and 7 shall also be entitled to benefits in accordance with § 6 Z during the period between the end of eligibility for sickness insurance benefits and the commencement (re-start) of the right to receive benefits. 1 to 3, 6 and 7 in the absence of a protection period pursuant to § 122 (2) Z 2 of the ASVG for a maximum of six weeks in the same manner as during the protection period of § 122 (2) ASVG. "
(3) In § 41 (1) the following sentence shall be inserted after the second sentence:
" If it is cheaper for the recipients of emergency assistance, The weekly allowance shall be calculated in accordance with Section 162 (3) of the ASVG, that for periods of payment of a benefit under the KBGG, this federal law or the Carence Money Act, the respective benefit is to be used as a work earnings. "
(4) The following paragraph 89 is added to § 79:
" (89) § 15 para. 3, § 40 (3) and § 41 (1) in the version of the Federal Law BGBl. I No 131/2006 will enter into force on 1 July 2006. '
(5) In § 80 (10) the expression "2006" by the expression "2007".
Article 6
Amendment of the Special Support Act
The Special Support Act, BGBl. No. 642/1973, as last amended by the Federal Law BGBl. I n ° 156/2004, shall be amended as follows:
1. § 18 (3) and (4) reads:
" (3) From the claims for special support, the Insurance Institution for Railways and Mining is a contribution of 3 vH for the pro-rata Tragung pursuant to § 447g (3) Z 1 of the General Social Insurance Act for partial retribution of the expenses for the replacement periods in the pension insurance scheme. This shall not apply to claims in accordance with Art. Article IV (3), the assertion of which is before 1 April 1996. For claims in accordance with Art. Article IV (3), the assertion of which is after 31 March 1996, shall be 10.25 vH.
(4) The employer of the crunic establishment, in which the special support person was employed before the onset of unemployment, has a contribution of 12.55 vH of the special assistance paid to the insurance institution for railways and mining. This contribution shall be used for the pro-rata retribution of the expenses for the replacement periods in the pension insurance scheme. The pre-registration is made quarterly by the Insurance Institution for Railways and Mining, with the procedure applicable to the assessment of contributions to the sickness insurance scheme. "
(2) The following paragraph 19 is added to Article V:
" (19) § 18 (3) and (4) in the version of the Federal Law BGBl. I No 131/2006 are retroactive with 1. Jänner 2005 in Kraft. "
Fischer
Bowl
