89. Federal Law which enforces a federal law on the transfer of the duties of the Bundespensionsamtes to the insurance institution in public (BundespensionsamtTransferungs-Gesetz-BPAÜG) and the law on tendering for 1989, which is the Federal budget law, the Pension Act 1965, the Federal Nursing Money Act, the War Prisoners Compensation Act, the Official Services Act 1979 and the Judge Service Act are amended

The National Council has decided:

CONTENTS

Item	Subject matter
1	BundespensionsamtTransferungs-Gesetz-BPAÜG
2	Amendment of the law on tendering for 1989
3	Amendment of the Federal Budget Act
4	Amendment of the Pension Act 1965
5	Amendment of the Federal Nursing Money Act
6	Amendment of the War Prisoner Compensation Act
7	Amendment of the Official Services Act 1979
8	Amendment of the Judge Service Act

Article 1
Federal Law on the Transfer of the Tasks of the Federal Penal Office to the Insurance Institution in Public Service (BundespensionsamtTransferungs-Gesetz-BPAÜG)

Transfer of tasks to the insurance institution of the public

§ 1. (1) The insurance institution shall have a public servant (hereinafter referred to as the "Versicherungsanstalt") with effect from 1. Jänner 2007 in the transferred sphere of action all tasks carried out by the Federal Penal Office on 31 December 2006, in particular

1.		in accordance with § 2 of the Federal Law on the Establishment of the Federal Penal Office (BPA Act), BGBl. No 758/1996, as the pension authority of the first instance in all matters relating to the pensive law of the federal civil servants and those in Sections X and XI of the Pensions Act 1965 (PG 1965), BGBl. No 340, as well as their survivors and relatives,
2.		in accordance with § 2 (1) of the BPA Act concerning the calculation and payment of cash benefits under the Law on Bezügegesetz, BGBl. No. 273/1972, in conjunction with the Federal Constitutional Law on the limitation of the references of public functionaries (BezBegrBVG), BGBl. I No 64/1997,
3.		in accordance with Section 2 (1) of the BPA Act concerning the calculation and payment of the extraordinary benefits granted by the Federal President and extraordinary benefits and the extraordinary survivors ' benefits in accordance with § 107 PG 1965 and
4.		as decision makers in accordance with the Federal Law on Care Money (BPGG), BGBl. N ° 110/1993, according to the German Federal Law on Care of the Federal Republic of Germany (BGBl). No 442/1993, as amended by the BGBl Regulation. No 48/1994, as well as in accordance with the Regulation 2001 on the Federal Care Money Act, Federal Law Gazette (BGBl). II No 481/2001,
5.		according to the Federal Law on Care Money (BPGG), BGBl. N ° 110/1993 for the persons referred to in Z 2,
6.		as decision makers under the Prisoner Of War Compensation Act (KGEG), BGBl. I No 142/2000,
shall be carried out.

(2) Decisions pursuant to paragraph 1 shall be the responsibility of the competent administrative bodies of the insurance institution. They may be represented by the Office of the Insurance Office in the interests of rapid and appropriate business treatment. A certificate issued by the Federal Ministry of Finance is sufficient to provide proof of such a power of representation.

Right of information and information

§ 2. (1) Without prejudice to their rights as a self-governing body, the insurance institution shall be subject to the instructions of the Federal Minister of Finance in the performance of the affairs in the transferred sphere of action.

(2) The Federal Minister of Finance shall provide the Insurance Institution with all information necessary for the performance of his duties and shall forward all relevant documents.

(3) The Federal Minister of Finance may, in matters pursuant to § 1 (1), if the insurance institution does not comply with a instruction despite a two-time written request or if he does not grant an information, the concern of this matter shall be taken into account. Provisional custodians appointed by him.

(4) The insurance institution is obligated to anonymize the Federal Chancellor and the Federal Minister of Finance for those with the pension ratio of the officials for which it is the pension authority, in direct connection with the data. In summary, they shall constitute the prerequisite for the performance of the tasks assigned to them in the field of general staff matters and of financial matters to the public. The data to be evaluated and the type of transmission are to be determined by the Federal Chancellor in agreement with the Federal Minister of Finance by Regulation.

Instance Train

§ 3. The party shall have the right to appeal to the Federal Minister of Finance against a modest insurance institution in matters pursuant to Section 1 (1) (1) (1) (1). The Federal Minister of Finance is also the subject of the relevant upper authority.

Antectable Organ

§ 4. The Obmann of the Insurance Institution is responsible for the responsibilities and performance of the tasks pursuant to § 1 of the Federal Budget Act (BHG), BGBl, according to § 5 Section 2 of the Federal Budget Act. No 213/1986. He may delegate this power in the interest of a rapid and appropriate business treatment to the senior employee in accordance with § 159 B-KUVG.

Provision of services for the insurance institution

§ 5. (1) In the function as a stimulating organ (§ 4), the chairman of the insurance institution and, in the case of the delegation according to § 4, the senior employee of the accounting agency of the Federal Republic of Germany has to operate against payment.

(2) In accordance with § 1, the insurance institution has the IT systems and support facilities for remuneration defined by the Federal Minister of Finance at the time of the entry into force of this Federal Act, in accordance with § 1 . The insurance institution is entitled to terminate the use of these IT systems at the end of a calendar year. It shall inform the Federal Minister of Finance of this in writing at least twelve months before that date. In addition, the insurance institution is entitled to claim IT systems and support facilities of the Bundesrechenzentrum Gesellschaft mit beschränkter Haftung against Entgelt.

(3) The insurance institution shall be entitled, within the limits of its responsibilities pursuant to § 1, to have legal advice and representation from the financial procuration for remuneration.

Confidentiality of Obligations

§ 6. (1) The employees of the insurance institution entrusted with the tasks referred to in § 1 shall be informed of any facts which have become known to them exclusively from their activities or with a relationship to their position, the secrecy of which is in the interests of the the insurance carrier, in order to prepare a decision or in the overriding interest of the parties, or which have been expressly designated as confidential, to any person to whom it does not have such a fact a To make a communication, commit to secrecy. Section 46 (2) to (4) of the Official Services Act 1979 (BDG 1979), BGBl. No. 333, shall apply mutaficly.

(2) A disconnection of the duty of confidentiality of the employees of the insurance institution and of the officials assigned to this service pursuant to § 9 (1) for the permanent service in matters pursuant to § 1 shall be effected by the senior employee in accordance with § § 1. 159 B-KUVG.

Asset Transition

§ 7. The movable property previously owned by the Federal Republic of Germany, managed and mainly used by the Federal Penal Office, which is required for the performance of the tasks in accordance with § 1, including all rights, legal relationships, Obligations, receivables and liabilities, goes to 1. Jänner 2007 in the course of the entire succession to the property of the insurance institution over.

Disconnection of benefits

§ 8. (1) The Federal Government shall provide the Insurance Institution for all proven, necessary and reasonable expenses incurred directly or indirectly in connection with the performance of the tasks referred to in § 1 or already in the With regard to the preparation of the transfer of the affairs according to § 1, after deduction of the respective related income, a retribution is a charge:

in 2007 to the tune of EUR 14 212 600,

EUR 14 308 700 in 2008,

in 2009 to the tune of EUR 13 909 100,

in 2010, EUR 13 991 400, and

in 2011, EUR 14 082 900.

(2) The Federal Government shall transfer one twelfth of the amount referred to in paragraph 1 to the insurance institution in advance for the first day of each month in advance.

(3) For the financial enforcement of this Federal Act, own accounts are to be set up, which are assigned to the institution of the insurance institution required for the performance of the individual tasks in accordance with § 1 (1) (1), taking into account the principles of austerity, economic efficiency and expediency, as part of the clearance of the accounts of the insurance institution, make it clear. In the course of the closure of the financial statements of the insurance institution, an asset calculation for the individual tasks pursuant to section 1 (1) of the insurance institution is a separate statement of success and for the whole of the insurance institution pursuant to section 1 (1) of the tasks assigned to the insurance institution to create. The insurance institution has to submit a report to the Federal Minister of Finance before taking a decision on their accounts in accordance with § 151 B-KUVG by the General Assembly.

(4) The Insurance Office has to inform the Federal Minister of Finance, in accordance with the appropriate application of the accounting rules of the social security system, of the quarterly financial statements of the insurance institution.

(5) After the presentation of the accounts for the year 2010, the economy, economy and economy, in any case with the participation of experts from the Federal Ministry of Finance and the Insurance Institution, is to be evaluated in the context of an evaluation. The purpose of the building is to check for optimisation measures taken by the insurance institution for the entire period for which a payment has been made by the Federal Government. In accordance with the result of this review, a compensation pursuant to section 8 (6) of the fourth sentence shall be made with the payments already made pursuant to paragraph 1. Together with this clearance of accounts, the Insurance Institution must also present a three-year financial statement in the outline of the clearance of accounts.

(6) On the basis of the results of the examination as referred to in paragraph 5 and taking into account the financial statements, the Federal Minister of Finance shall, by the end of 2011 at the latest, determine the amount of the repayment for the the following three-year period. The insurance institution has party status in this procedure. The Federal Minister of Finance shall consult the experts referred to in paragraph 5 in the procedure and shall take into account the three-year preview bill submitted by the Insurance Institution. In accordance with paragraph 5, the Federal Government's claims and liabilities to the insurance institution are to be included in the determination of the settlement for this three-year period. The insurance institution may lodge a complaint against the decision before the Administrative Court.

(7) Should the communication pursuant to paragraph 6 only become legal force after 31 December 2011, the Federal Minister of Finance of the Insurance Institution shall have a monthly corresponding to the previous year and the one from Statistics Austria for the published by the National Consumer Price Index published last year, to transfer an increase in the monthly instalment of inflation, until the decision has become legal. The Federal Minister of Finance has an all-due difference between the amount definitively established pursuant to paragraph 6 in the case of the defection and the amount of compensation provisionally transferred in the case of the amount of the legal force of the defamation pursuant to paragraph 6. the following monthly transfer in accordance with paragraph 2.

(8) After the end of the second year of the following three-year period, it is appropriate to act in accordance with paragraphs 5 to 7. The last year of the previous period shall be included in the procedure referred to in paragraphs 5 to 7.

(9) Credit transfer amounts in accordance with § 311 ASVG and comparable social insurance regulations are to be completely replaced by the Federal Government without prejudice to the provisions of paragraphs 1 and 6 of this Regulation.

(10) Cost rates not attributable to the tasks assigned to the insurance institution pursuant to § 1 (1) shall remain as of 1. Jänner 2007 Revenue of the federal government.

Transfer of staff

Officials

§ 9. (1) In the case of the officials referred to in paragraph 2, the Office for Federal Pensions shall be established at the Insurance Office. The Office for Federal Pensions is the Service Authority of the first instance for the officials assigned to the permanent service pursuant to paragraph 2. Proceedings pending on 31 December 2006 shall be continued by the Office for Federal Pensions. The Federal Minister of Finance decides on vocations against the charges in the field of employment of these officials. The Office for Federal Pensions is immediately subordinate to the Federal Ministry of Finance and is headed by the senior employee according to § 159 B-KUVG, which in this function is bound exclusively to the instructions of the Federal Minister of Finance is.

(2) Officials of the Federal Republic of Germany, who are appointed on 31 December 2006 in the "Bundespensionsamt" (Federal Penal Office) office area, belong to 1. Jänner 2007 for the duration of her service to the office "Office for Federal Pensions" and are assigned to the insurance institution for the permanent service. The federal civil servants assigned to the post office area "Bundespensionsamt" as of December 31, 2006, from a different planing area are valid from 1. Jänner 2007 as the Office for Federal Pensions.

(3) The officials assigned to the permanent service pursuant to Section 2 of the Insurance Institution shall, if they declare their withdrawal from the Federal Service by 31 December 2011 at the latest, shall be effective from the following month's sergeon The right to be included in a service relationship with the insurance institution in accordance with the regulations applicable to new employees at that time. The period of service spent at the Federal Government is to be calculated in accordance with these rules for all time-dependent claims.

(4) In the case of the officials referred to in paragraph 2, the insurance institution shall replace the federal government with the total cost of the activity, including additional costs, and to make a monthly contribution to cover the pension effort. This contribution amounts to 19.55% of the cost of active remuneration. All cash benefits from which a pension contribution is to be paid shall be considered as active deductions. The pension contributions retained by the officials are to be deducted from the federal government, with the exception of the special pension contributions. After the entry into force of this Federal Act, special pension contributions and transfer fees paid to the insurance institution are to be transferred to the Federal Government immediately in full. Transfer amounts according to § 311 ASVG and comparable social insurance regulations are to be borne by the insurance institution. The other payments made by the Insurance Institution to the Federal Government are due on the tenth of each month.

(5) The officials referred to in paragraph 2 shall apply:

1.		the II. Part of the Labour Constitution Act (ArbVG), BGBl. N ° 22/1974, with the measure that:
a)			the works council at the same time the function of the duty station committee within the meaning of Section 9 of the Federal Personnel Representation Act, Federal Law Gazette (BGBl). No 133/1967, and
b)			they belong to the effective area of the relevant Central Committee of the Federal Ministry of Finance, and
2.		the Workers ' Protection Act, BGBl. No. 450/1994.

The officials referred to in paragraph 2 shall, within the framework of the legislation governing the service of civil servants, retain all the rights to which they are subject.

Contract staff

§ 10. (1) Contract staff members who are members of the staff of the Federal Pension Office on 31 December 2006 and who are mainly responsible for tasks transferred under § 1 of the Insurance Institution will be 1. Jänner 2007 Service of the Insurance Institution. From this point on, the Insurance Institution shall continue the rights and obligations of the Federal Government as a service provider to the Federal Republic of Germany. The provisions of the Service and Remuneration Act, in particular the Contract Order Act 1948, BGBl, apply to them. N ° 86, further; the conclusion of special contractual arrangements according to § 36 of the Contract Order Act is no longer permissible.

(2) Service-holders pursuant to paragraph 1 may, until 31 December 2011, opt in a service relationship with the insurance institution in accordance with the regulations in force for new entry. In this case, the period of service completed in the contractual relationship with the Federal Government shall be set out in accordance with these rules for all time-dependent claims.

(3) If the service provider changes from this service to the insurance institution directly in a service relationship with the federal government, they shall be treated as if the employment relationship with the insurance institution had been such a federal government.

(4) The Federal Government shall be liable, like an ominous citizen (§ 1356 of the General Civil Code), for the satisfaction of the employees ' claims for the right of reference in accordance with paragraph 1 of this article. The amount of this liability shall be limited to that amount which, on 31 December 2006, shall be based on the remuneration law of the said service, taking into account its use at that point in time, plus the amount of the liability which has been determined by the the period of service completed at that time and the regular advances and general salary increases provided by the Federal Government.

Common rules applicable to officials and contract staff

§ 11. (1) Anwartschaften on the basis of the copies and jubilee allowances of officials and employees assigned in accordance with § 9 para. 2 of the insurance institution shall be taken over by the insurance institution pursuant to § 10 para. 1.

(2) The Federal Government's requests to the employees who become the employees of the insurance institution pursuant to § 9 (3) or § 10 (1) shall pass on to the insurance institution with the emergence of these conditions of service and shall be informed by the said institution of the To resound the Federation.

Staff representation

§ 12. The Board of Service of the Federal Penal Office, which is elected in accordance with the provisions of the Federal Personnel Representation Act, is valid until the end of the first. January 2007 still operating period as works council in accordance with the German Labour Constitution Act. The existing bodies of the workforce have to ensure a timely call for tenders for joint works council elections to a single body of works councils before the end of their term of office.

Final provisions

References to other legislation

§ 13. Insofar as other federal laws are referred to in this Federal Act, these references shall refer to their respective versions.

Personal names

§ 14. In the case of the personal names used in this Federal Act, the chosen form is valid for both sexes.

In-force pedals

§ 15. (1) This federal law shall enter into force 1. Jänner 2007 in force.

(2) The Federal Law on the Establishment of the Federal Penal Office (BPA Act), BGBl. No 758/1996, enters into force with the expiry of 31 December 2006.

Enforcement

§ 16. With the enforcement of this federal law are entrusted:

1.		as regards Section 2 (4) of the Federal Chancellor, in agreement with the Federal Minister for Finance,
2.		with regard to all other provisions of the Federal Minister of Finance.

Article 2
Amendment of the law on tendering for 1989

The 1989 Tendering Act, BGBl. No. 85, as last amended by the Federal Law BGBl. I No 80/2005, shall be amended as follows:

1. § 3 Z 5 lit. a is lifted.

(2) The following paragraph 5 is added to § 90:

" (5) § 3 Z 5 lit. a shall not enter into force on 31 December 2006. '

Article 3
Amendment of the Federal Budget Act

Federal Budget Law, BGBl. No. 213/1986, as last amended by the Federal Law BGBl. I n ° 49/2006, is amended as follows:

1. The point at the end of Section 5 (2) Z 7 shall be replaced by an accutable and the following Z 8 shall be added:

" 8.		The chairman of the insurance institution in the public service and in the case of delegation of the senior employees according to § 159 of the Civil and Accident Insurance Act (BKUVG), BGBl. No 200/1967 in the performance of the tasks according to § 1 of the German Federal Pension Act, Federal Law Gazette (BGBl). I No 89/2006. '

(2) The following paragraph 34 is added to § 100:

" (34) § 5 paragraph 2 Z 8 in the version of the Federal Law BGBl. I No 89/2006 shall enter into force 1. Jänner 2007 in Kraft. "

Article 4
Amendment of the Pension Act 1965

The Pension Act 1965, BGBl. N ° 340, as last amended by the Federal Law BGBl. I n ° 165/2005, shall be amended as follows:

1. In § 70 Z 1, in § 81 (2) to (5) and (8), in § 102 (1) and in § 105 (2), the expression " "Bundespensionsamt" in each case by the expression "Insurance institution in the public sector" in the grammatically correct form.

Section 81 (1) reads as follows:

" (1) The insurance institution shall take the place of a public servant as a pension from 1. Jänner 2007 for the Federal Government the rights and obligations of the service provider in relation to the services regulated in this section. This shall apply, in particular, to the calculation and payment of the information referred to in this Section from 1. January 2005 due services. The Austrian Federal Forests AG is entitled and obliged to provide the insurance institution with the necessary information to the public for the purpose. "

Section 100 (2) reads as follows:

" (2) The management of the pension account for the period from 1. Jänner 2005 is responsible for all civil servants-with the exception of those assigned in accordance with Section 17 (1a) of the PTSG-the insurance institution for the public service. For the officials assigned to the service pursuant to section 17 (1a) of the PTSG, the establishment and management of the pension account shall be the responsibility of the respective company. "

4. § 101 (3) is repealed.

5. § 101 (5) reads:

" (5) The Service Authority 1. In the case of an institution, the insurance institution shall forward to the public servant the data collected under (1) to (4) or which have been legally established, so that an integration by the insurance institution shall be made available to the public in the pension account , and the transmission of a contomite division according to § 102 is guaranteed. The responsibility for the accuracy, completeness and timely transmission of the data in accordance with the technical specifications of the insurance institution shall be in the case of the service authorities and insurance institutions referred to in paragraphs 1 and 2. "

(6) The following paragraph 54 is added to § 109:

" (54) § 70 Z 1, § 81 (1) to (5) and (8), § 100 (2), § 101 (5), § 102 (1), § 105 (2) and § 110 (2) in the version of the Federal Law BGBl. I No 89/2006 shall be 1. Jänner 2007 in force. At the same time, Section 101 (3) repeals. "

7. § 110 (2) reads:

" (2) The tasks entrusted to the public in accordance with this Federal Act of the Insurance Institution shall be carried out by the institution in the transferred scope of action. The Insurance Office shall be subject to the instructions of the Federal Minister of Finance in the course of these tasks. "

Article 5
Amendment of the Federal Nursing Money Act

The Federal Care Money Act (BPGG), BGBl. N ° 110/1993, as last amended by the Federal Law BGBl. I n ° 132/2005, shall be amended as follows:

1. In § 22 (1) Z 3, the term " "the Federal Penal Office" by the expression "the insurance institution of the public servants" replaced.

(2) The following paragraph 9 is added to § 49:

" (9) § 22 para. 1 Z 3 in the version of the Federal Law BGBl. I No 89/2006 shall enter into force 1. Jänner 2007 in Kraft. "

Article 6
Amendment of the War Prisoner Compensation Act

The War Prisoner Compensation Act (KGEG), BGBl. I n ° 142/2000, as last amended by the Federal Law BGBl. I No 90/2005, shall be amended as follows:

1. In § 11 (1) Z 2, the expression "the Federal Penal Office;" by the expression "the insurance institution of the public service;" replaced.

2. In § 12 paragraph 2 Z 2, the expression "Bundespensionsamt" by the expression "Insurance institution in the public sector" replaced.

(3) The following paragraph 6 is added to § 23:

" (6) § 11 sec. 1 Z 2 and § 12 paragraph 2 Z 2 in the version of the Federal Law BGBl. I No 89/2006 shall be 1. Jänner 2007 in Kraft. "

Article 7
Amendment of the Official Services Act 1979

The Civil Service Law 1979, BGBl. No. 333, as last amended by the Federal Law BGBl. I n ° 165/2005, shall be amended as follows:

1. In § 14 (4), the term " "from the Bundespensionsamt" by the expression "from the insurance institution to the public" replaced.

(2) The following paragraph 61 is added to § 284:

" (61) § 14 (4) in the version of the Federal Law BGBl. I No 89/2006 shall enter into force 1. Jänner 2007 in Kraft. "

Article 8
Amendment of the Judge Service Act

The Judicial Service Act, BGBl. No. 305/1961, as last amended by the Federal Law BGBl. I n ° 7/2006, is amended as follows:

1. § 89a (1) reads:

" (1) In the case of a transfer to the time of retirement or to the permanent retirement, insofar as the assessment of a legal term depends on answering questions falling within the field of medical or professional expertise, the Insurance institution to report to the public authorities and to report. "

2. The following paragraph 42 is added to § 173:

" (42) § 89a (1) in the version of the Federal Law BGBl. I No 89/2006 shall enter into force 1. Jänner 2007 in Kraft. "

Fischer

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