132. Federal Law, with which the General Social Security Act, the Industrial Social Security Act, the Farmers-Social Insurance Act and the General Pension Act, as well as the Official Health and Accident Insurance Act, the Federal Care Money Act and the Unemployment Insurance Act 1977 (Social Security Amendment Act 2005-SVÄG 2005)

The National Council has decided:

Article 1

Amendment of the General Social Security Act (65). Novelle to the ASVG)

The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I No 88/2005, shall be amended as follows:

1. § 4 para. 1 Z 11 is repealed.

2. § 4 (4) (lit). a shall not be expressed "or in accordance with § 3 (3)" .

3. In § 5 (1) Z 2 the term " "and 11" .

4. In § 8 paragraph 1 Z 2 lit. g is the expression "§ 227a (4) to (7)" by the expression "§ 227a (4) to (6)" replaced.

5. In § 10 (1), first sentence, the term " " , 11 " .

6. In § 18a (2) (1) (1), after the expression: "continued insurance" the expression "or other self-insurance" inserted.

7. In accordance with § 18a, the following § 18b and title shall be inserted:

" Self-insurance in the pension insurance scheme for periods of care for close relatives

§ 18b. (1) Persons who are subject to a close relative or a close family with entitlement to care allowance at least at the level of level 3 according to § 5 of the Federal Nursing Money Act or under the provisions of the State Care Money Laws under considerable strain their work force in the home environment, can self-insure in the pension insurance scheme as long as they are resident in the home during the period of this care activity. Only one person can be self-insured per nursing home. Care in the home environment is not interrupted by a temporary inpatient care stay of the person in need of care.

(2) Self-insurance shall begin at the time the nourer chooses, at the earliest with the first day of the month in which the care is taken, but no later than the month following the day on which the application is submitted.

(3) Self-insurance shall end with the end of the calendar month;

1.		in which the caring activity or any other condition referred to in paragraph 1 has been omitted, or
2.		in which the nourish person has declared the withdrawal from that insurance.

(4) From the calendar year following the start of the self-insurance period, the insurance institution shall regularly determine whether the conditions for self-insurance are still fulfilled. The self-insured person is obliged to report the end of the nursing care activities to the insurance institution within two weeks.

(5) The end of the self-insurance is based on the entitlement to further insurance in the pension insurance scheme for the termination of compulsory insurance within the meaning of § 17 (1) (1) (1) (1) lit. a equals.

(6) The self-insured person is the branch of the pension insurance in accordance with this federal law, in which she last acquired insurance periods. In the absence of insurance periods in the pension insurance scheme under this Federal Act, the self-insured person shall be the employee of the pension insurance of the employees. "

8. In § 31c (2) second sentence, at the end of the Z 6, the word "and" is replaced by a dash; the Z 7 shall be replaced by the following Z 7 to 9:

" 7.		Insured persons in accordance with § 8 (1) (4),
8.		Insured persons in accordance with § 8 (1) (1) (c), (c),
9.		children (§ 123 (2) (2) to (6)) and persons belonging to the persons after Z 1 to 4, 7 and 8. "

(9) In § 32b (1), the following sentence shall be inserted after the first sentence:

" Members of the controlling group can only be Austrian citizens who are not excluded from the right to vote in legislative bodies, as well as on the day of posting the 18. They shall be completed and shall have their place of residence in the home country; § 420 paragraph 6 shall apply mutasensitily. "

10. In § 32b, the following paragraph 1 is inserted after paragraph 1:

" (1a) For each member of the controlling group he shall be sent simultaneously with his posting and in the same manner a deputy/deputy. The Vice-President shall represent the Member if it is prevented in the performance of his duties. "

11. § 32e together with headline reads:

" Angelobung

§ 32e. The chairman of the controlling group and the deputy of the chairman are from the supreme supervisory authority, the remaining members to be vom/from the chairperson. "

12. In accordance with § 32f, the following § 32g shall be inserted with headline:

" Revelation

§ 32g. (1) A member of the controlling group (or his deputy) shall be relieved of his office if one of the reasons mentioned in § 423 (1), (1), (2), (4) and (5) is in accordance with the provisions of this Regulation. The revitalisation of the chairman (ihres/her deputy) is carried out by the supervisory authority, which of the other members (their deputists) by the chairman/chairperson of the controlling group. Section 423 (3), (4), (7) and (8) shall apply mutatily.

(2) A breach of the reporting obligations resulting from this sub-section shall be deemed to be a breach of duty within the meaning of Section 423 (1) Z 2. "

13. In § 33 (1) in the version of the Federal Law BGBl. I n ° 152/2004, the following expression: "at the time of work, but at the latest by midnight on the first day of employment" by the expression "at the latest when it comes to work" replaced.

14. In § 33 paragraph 1a Z 1 in the version of the Federal Law BGBl. I n ° 152/2004, the following expression: "within the period referred to in paragraph 1" by the expression "at the latest when it comes to work" replaced.

15. In § 34 (2), third sentence, after the expression "Special payments" the expression " and the address of the workplace on 31 December, respectively. on the last day of employment within one year " inserted.

16. § 35 para. 4 lit. b is:

" (b)			if the service provider does not have a permanent establishment (establishment, office, defeat) in the country, except in those cases in which this federal law is to be applied under Regulation (EEC) No 1408/71 or Regulation (EC) No 883/2004; or "

17. In § 44 (1) (2), the expression is deleted " , and in the case of the compulsory insured persons in accordance with Article 4 (1) Z 11, the references received by the insured person for the duration of the activity " .

18. In § 44 (1) Z 14, after the expression "applicable" the expression "or-as far as the health insurance of self-insured persons is concerned, which are considered to be compulsory insured pursuant to § 19a (6)-the amount according to § 5 (2) Z 2" inserted.

19. § 53 para. 3 lit. b is:

" (b)			if the service provider does not have a permanent establishment (establishment, office, defeat) in the country, except in those cases in which this federal law is to be applied under Regulation (EEC) No 1408/71 or Regulation (EC) No 883/2004, "

20. In § 59 (3), the expression "pursuant to § 58 (4)" by the expression "pursuant to § 58 (4) or § 68a (1)" replaced.

21. According to § 68, the following § 68a and heading is inserted:

" NachentDirection verAnnuter Beiträge zur Pension versicherung

§ 68a. (1) Contributions to pension insurance, which are already statute-barred pursuant to § 68, may be paid by the insured person at the request of the insured person. The application must be submitted to the competent institution of the sickness insurance institution until the deadline (section 223 (2)) at the latest (section 223 (2)), which must determine the existence of the periods of compulsory insurance and prescribe the contributions to be made. Contribution debtor is the insured person.

(2) The contributions to be made pursuant to paragraph 1 shall be multiplied by the product of the recovery figures according to the APG for the period from the original due date to the pre-writing.

(3) All provisions applicable to the payment of contributions shall also apply to the subsequent payment of annual contributions, unless otherwise provided for in paragraphs 1 and 2; however, any introduction measures in the event of non-payment of the annual contributions shall be deemed to be excluded. "

22. In the first sentence of § 70 (1), the term "paragraph" shall be applied. 2 and 3. " the following expression is inserted:

"The same applies to the reimbursement of contributions in the case of simultaneous existence of one or more compulsory insurance according to the GSVG or BSVG, if only contributions have been paid in accordance with the ASVG."

23. In the second sentence of § 70 (2), the term "to be reimbursed" shall be "refunded". , where compulsory insurance has passed throughout the calendar year as a result of gainful employment; if this is not the case, the maximum annual contribution rate applicable to the refund-at the request of the insured person-shall be: by way of derogation from § 12 (1), second sentence, APG, from the sum of the monthly maximum contribution bases " inserted.

24. In § 70a para. 1, after the expression "Contribution bases of compulsory insurance" the expression "and the contributor to the pension" inserted.

Section 76a (1) first sentence reads as follows:

" Contribution basis for the calendar day for further insured persons in the pension insurance is the 360. Part of the sum of the contribution bases of the last calendar year before leaving the compulsory insurance, if the compulsory insurance has passed the entire calendar year; if this is not the case, then instead of the 360. Part of the number of days of compulsory insurance in this calendar year. "

26. In § 76b (3), first sentence, the term " "applicable at the time of the payment of contributions" and will be after the parenthesis "(§ 45 (1))" the expression "of the calendar year for which contributions are paid" inserted.

27. § 76b (3) second sentence reads:

"If the contributions are paid only after the end of the calendar year for which they are to apply, they shall be multiplied by the product of the rate of recovery according to the APG up to the calendar year of the contribution direction."

28. In § 76b, the following paragraph 3a is inserted after paragraph 3:

" (3a) overlapping periods of the visit of an educational institution for which a self-assurance exists in accordance with § 18, with other periods of contribution under this or another federal law, the basis of contribution for the self-insurance shall be the following: § 18 by way of derogation from paragraph 3 in such a way that, together with the other contribution bases in the respective calendar month, it does not exceed the monthly maximum contribution basis (§ 70 (1) last sentence) in effect after the period of storage. "

29. In § 76b, the following paragraph 5a is inserted after paragraph 5:

" (5a) Monthly contribution basis for self-insured persons according to § 18b is the amount referred to in § 44 (1) Z 18. If the periods of self-insurance overlap in accordance with section 18b with other periods of contribution under this or another federal law, the basis of contribution for self-insured persons in accordance with Section 18b shall be determined in such a way that they together with the other Basis of contribution shall not exceed the applicable monthly maximum contribution basis (Section 70 (1) of the last sentence). "

30. In § 77 (6), first sentence, the expression "in accordance with § 51" by the expression "according to § 51" and the expression "in accordance with the said provisions" by the expression "according to the said provision" replaced.

31. The following paragraph 8 is added to § 77:

"(8) The self-insured persons according to § 18b have to bear only the parts of the contribution which are attributable to the insured person pursuant to Article 51 (3) (2) of the German Federal Republic of Germany; the contributions to the service provider pursuant to this provision shall be borne by the Federal Government."

32. In § 91 (1), third sentence, the expression "referred to as references" the expression "in the version in force on 31 December 2005" .

33. In § 113 (1) (1) and (2), the expression "a registration for compulsory insurance" in each case by the expression "the complete application for compulsory insurance pursuant to § 33 (1a) Z 2" replaced.

33a. The following sentence is added to section 175 (5) Z 3:

"This also applies to a pupil of the schools mentioned in lit. a, b and e in his/her eighth school year."

34. In § 203 (2), after the expression "and also because of an occupational disease within the meaning of section 177 (2) and (3)" the expression " , except in the cases of Section 175 (5) (2), " inserted.

35. In § 210 (1), first sentence, after the expression "partially insured pupils and students" the expression " , except in the cases of Section 175 (5) (2), " inserted.

36. In § 212 (3), first sentence, after the expression "Pupils and students" the expression " , except in the cases of Section 175 (5) (2), " inserted.

37. In § 225 paragraph 1 Z 1 lit. b does not reflect the expression "and, for these periods, the right to establish the obligation to pay contributions has not yet been statute-barred (§ 68)" .

38. In § 225 (1) Z 2 the term " "within five years of maturity" .

39. § 225 (3) is repealed.

40. § 226 (3) is repealed.

41. In § 226 (4), introduction, the expression "(1) and (3)" replaced by the term " paragraph 1.

42. In § 227 (1) (1) (1), the term " "or with public law" and shall be the expression "with at least two years of education" by the expression "or a middle school with a comparable educational offer" replaced.

43. § 230 para. 2 lit. c is:

" (c)			on contributions pursuant to section 68a, if they have been paid in advance within three months from the date of the pre-written application; "

44. In § 230 paragraph 2 lit. h shall be after the expression "Bund," the expression "The Federal Ministry of Defence," inserted.

45. § 254 (5) is repealed.

46. In § 264 (1) Z 5, the expression "§ 261b" by the expression " § 607 (11) (§ 261b in the version in force on 30 June 2004) or § 248c " replaced.

47a. In § 308, the following paragraph 1 is inserted after paragraph 1:

" (1a) If an insured person is subject to a pension insurance-free service after 31 December 2004 (paragraph 1). 2) and if the employer has to apply under the relevant provisions of this Federal Act or the APG, the insurance institution shall, by way of derogation from paragraph 1, apply for all to the date of admission to the pension insurance-free service to make a transfer amount (contribution and replacement months). "

47b. The following sentence shall be added to section 311 (2):

If the service provider of the new service does not count on the amount of insurance on which the transfer amount is based, in accordance with the relevant rules applicable to the transfer, the part of the insurance month covered by this insurance policy shall not be The transfer amount must be paid to the insurance institution in accordance with the appropriate application of paragraph 5. "

48. In accordance with § 360, the following § 360a and heading is inserted:

" Information to the independent administrative senates

§ 360a. The insurance institutions and the main association shall provide information on procedural circumstances to the independent administrative authorities in the countries at their request; requests for and information shall be provided as far as possible in the case of automation (§ 31 paragraph 4 Z 3 lit. (b) In the case of a request, the exact purpose of the information, including the number of files, must be indicated; the latter must be noted by the respective insurance institution (the main body). Provisions which order special procedures for certain procedures shall remain unaffected. "

49. In § 421 (1) Z 4, the expression "Insurance institution of the Austrian Railways and the insurance institution of the Austrian mining industry" by the expression "Insurance Institute for Railways and Mining" replaced.

50. In § 421 (4) Z 2 lit. c will be the expression "Insurance institution of the Austrian Railways and the insurance institution of the Austrian mining industry" by the expression "Insurance Institute for Railways and Mining" replaced.

51. In § 421 (7) last sentence, the expression "§ 441e" by the expression "§ 441c" replaced.

52. In § 440 (6), first sentence, after the expression "Executive Board" the parenthesis expression "(Board of the Union)" inserted.

53. The following sentences are added to § 442 (1):

" Members of the Social and Health Forum Austria can only be Austrian citizens who are not excluded from the right to vote in legislative bodies, as well as on the day of posting the 18. They are completed and have their place of residence domestily. For each member, a deputy must be sent simultaneously with his posting and in the same manner. The Vice-President shall represent the Member if it is prevented in the performance of his duties. "

54. In § 442 (2), first sentence, the expression "the Federal Youth Advisory Board" by the expression "the Federal Youth Representation" replaced.

55. In § 442 (2), third sentence, the expression "Federal Structure Commission" by the expression "Federal Health Commission" and the expression "Medical faculties of the Austrian universities" by the expression "Medical Universities" replaced.

56. The following paragraph 5 is added to § 442:

"(5) The chairman of the Social and Health Forum Austria and the deputy of the chairperson are from the supreme supervisory authority, the remaining members to be vom/from the chairperson."

57. In accordance with § 442b, the following § 442c shall be inserted with the title:

" Revelation

Section 442c. A member of the Social and Health Forum Austria (or his deputy) is to be relieved of his office if one of the reasons mentioned in § 423 (1), (1), (2), (4) and (5) is present in a sense. The revitalisation of the chairman (ihres/her deputy) is carried out by the supervisory authority, which is made up of the other members (their deputists) by the chairperson of the Social and Health Forum Austria. Section 423 (3), (4), (7) and (8) shall apply mutatily. "

58. In § 447 (2a) introduction, the expression " 3 " by the expression " 1a " replaced.

59. § 459d with headline reads:

" Involvement in the determination of child-raising times

§ 459d. (1) The Niederösterreichische Gebietskrankenkasse as a centre of competence in accordance with Section 24 (3) KBGG has for the purpose of establishing replacement times in accordance with § 227a of this Federal Act (§ 116a GSVG, § 107a BSVG) or Compulsory insurance in the pension insurance according to § 8 (1) Z 2 lit. g of this federal law (§ 3 paragraph 3 Z 4 GSVG, § 4a Z 4 BSVG) to submit the following data to the main association:

1.		Names, addresses, sex, dates of birth (dates of death) and insurance numbers of persons receiving child care allowance;
2.		names, dates of birth (death data) and children's insurance numbers, for which child care benefits are obtained;
3.		the names, addresses, sex and insurance numbers of parents who do not receive childcare allowance;
4.		the date of the start of the childcare allowance;
5.		the date of termination of the childcare allowance, including the reasons for this;
6.		Indication of the safety or take-up of the persons referred to in Z 2;
7.		Indication of the amount and duration of a foreign service of the same type, including the parent, of the same type of child care allowance;
8.		indication of the presence of a multi-birth birth;
9.		Indication of the existence of a single parent company;
10.		indication of the nature of the benefit;
11.		Whether a third party receiver has been defined for a performance claim.

(2) The main body shall be authorized to forward the data transmitted in accordance with paragraph 1 to the competent institution of the pension insurance scheme. The transmitted data may only be used for the determination of the state and the scope of services under this federal law, the GSVG and the BSVG. "

60. In § 471f the term " " and 11 " .

61. In § 479 (2) (1), the expression "114" by the expression "113" replaced.

62. In § 506a of the first sentence, the expression "Periods of a holding, in the sight of which an Austrian court has legally granted a compensation claim for criminal prosecution or conviction, shall apply" is replaced by the following expression:

" times of a posture,

1.		for those in a request procedure in accordance with § 9 of the Criminal Law Compensation Act 2005, BGBl. I No 125/2004, a replacement claim has been recognised or
2.		for which an Austrian court has legally recognised a claim for compensation for criminal prosecution or conviction,
".

63. In § 607 (13) the expression "penultimate sentence" by the expression "fourtlast sentence" replaces and does not include the expression " ; the legal force of past decisions is not contrary to " .

64. In § 609 (7), first sentence, the expression "from the financial year 2004 to the financial year 2007" by the expression "in the 2004 financial year" replaced.

65. In § 609 (7) (8) (8) the term " "first and second sentence" .

66. In § 609 (8), the second and third sentences are deleted.

67. In § 617 (3) the expression "227a and 447g" by the expression "227a in the respectively applicable version as well as § 447g" replaced.

68. § 617 (8) reads:

" (8) On persons who are before the 1. Jänner, born in 1955, is to continue to apply § 76a (1) in the version in force on 31 December 2004. "

69. In § 619 (4), the term "31 May 2005" is replaced by the term "31 March 2006" and after the term "territorial sickness funds" the term "from the financial year 2005" is inserted. .

70. In § 622 (1) the expression " at the time the Federal Minister for Social Security, Generations and Consumer Protection with Regulation establishes that the technical means necessary for the fulfilment of the notification obligation pursuant to section 33 (1a) (1) (1) of the Federal Republic of Germany (1) of Available. " is replaced by the following expression: " , provided that the Burgenland Regional Health Insurance Fund is responsible for the insured person in accordance with § 30 and the notifiable service provider (s) has his (her) registered office in the Burgenland region, with 1. Jänner 2006, otherwise in force, in which the Federal Minister for Social Security, Generations and Consumer Protection-after evaluating the impact of this notification obligation-determines by regulation that the available are suitable for a general notification obligation. The evaluation shall be carried out until 31 December 2006 at the latest; the Regulation may not be used at the earliest with 1. Jänner 2007 will be adopted. Until this regulation is released, the main association of the Federal Minister for Social Security, Generations and Consumer Protection has a monthly report on the implementation of the new reporting provisions from February 2006. "

71. § 622 in the version of the Federal Law BGBl. I n ° 45/2005 is given the name '§ 623'.

72. In the heading to § 623 (new), the term "final provisions" shall be replaced by the term "final determination".

73. In accordance with § 624, the following § 625 shall be added together with the heading:

" Final provisions on Art. 1 of the Federal Law BGBl. I n ° 132/2005 (65. Novelle)

§ 625. (1) It shall enter into force:

1.		with 1. § § 4 paragraph 4 lit. a, 8 para. 1 Z 2 lit. g, 18a para. 2 Z 1, 18b with title, 35 para. 4 lit. b, 53 para. 3 lit. b, 59 para. 3, 68a with title, 70 para. 1, 70a para. 1, 76b para. 5a, 77 para. 6 and 8, 91 para. 1, 175 para. 5 Z 3, 225 para. 1 Z 1 and 2, 226 para. 4, 227 para. 1 Z 1, 230 para. 2 lit. c, 264 para. 1 Z 5, 293 para. 1, 360a including title, 447 para. 2a, 459d with headline, 479 para. 2 Z 1, 607 para. 13, 619 para. 4, 622 and 623 title in the version of the Federal Law BGBl. I No 132/2005;
1a.		with 1. Jänner 2007 § 34 para. 2 in the version of the Federal Law BGBl. I No 132/2005;
2.		Retroactively with 1 November 2005 § 31c (2) in the version of the Federal Law BGBl. I No 132/2005;
3.		retroactively with 1 September 2005 the § § 5 para. 1 Z 2, 10 para. 1, 44 para. 1 Z 2, 203 para. 2, 210 para. 1, 212 para. 3 and 471f in the version of the Federal Law BGBl. I No 132/2005;
4.		Retroactive with 1. January 2005, paragraphs 8 to 14, and § § 32b (1) and (1a), 32e, title, 32g, title, 44 (1), (14), 70 (2), 76a (1), 76b (3) and (3a), 230 (2) (h), 308 (1a), 311 (2), (421) (1) (4) and (4) (2) and (7) (440). Paragraph 6, 442 para. 1, 2 and 5, 442c including heading, 506a, 609 para. 7 and 8 as well as 617 para. 3 and 8 in the version of the Federal Law BGBl. I No 132/2005.

(1a) § 113 (1) (1) (1) and (2) in the version of the Federal Law BGBl. I n ° 132/2005, provided that the Burgenland Regional Health Insurance Fund is responsible for the insured person in accordance with § 30 and the notifiable service provider (s) has his (her) registered office in Burgenland, with 1. Jänner 2006, otherwise in force at the time of the regulation pursuant to § 622 (1).

(2) § § 225 (3), 226 (3) and 254 (5) shall expire at the end of 31 December 2005, but they shall continue to apply to proceedings pending on that date.

(3) Section 4 (1) Z 11 shall expire retroactively with the expiry of 31 August 2005.

(4) § § 59 (3), (68a) and 225 (1) (1) (1) (lit). b and Z 2 in the version of the Federal Law BGBl. I n ° 132/2005 are not applicable to persons who are entitled to a pension with a reference date (section 223 (2)) before 1. Jänner 2006.

(5) For persons who are before the 1. Jänner, born in 1955, is § 76b (3) in the version of the Federal Law BGBl. I n ° 132/2005 in the case of the payment of contributions after the completion of the 50. The contribution basis shall be multiplied by a factor of 1.66; the post of this factor shall be replaced by the completion of the 55. Life year of factor 2.22 and after completion of 60. Life year of factor 2.34. As far as persons born after 31 December 1954 are already before the 1. In accordance with Article 227 (3) of this Regulation, in order to increase the contribution base by a factor in accordance with section 227 (3), the contributions to the multiplication of contributions have to be paid to them in the event of a direct payment of a direct pension-upgraded with that of the On request, the refund must be paid prior to repayment of the pension.

(6) The hardship compensation fund under Section IVa of the Fourth Part has to transfer 34 million euros to the Federal Government by 30 June 2006.

(7) The indicative rates according to § 293 para. 1 lit. a sublit. bb, lit. b and lit. c sublit. bb in the version of the Federal Law BGBl. By way of derogation from Section 293 (2), in conjunction with Section 108 (6), I shall not multiply in respect of the calendar year 2006.

(8) The administrative and accounting expenses of the individual insurance institutions under this Federal Act, the GSVG, the BSVG and the B-KUVG as well as the administrative expenses incurred by the health insurance, the accident insurance and the pension insurance of the main association shall not exceed the annual administrative target value of the individual insurance institutions and the main association from the 2005 financial year until the financial year 2007, in accordance with the following paragraphs.

(9) The annual administrative target for the insurance institutions consists of the increased rate of inflation of the previous year in the year 1999, which was increased from the financial year 2004 onwards. The comparison of the administrative and settlement costs of the insurance institutions from the financial year 2005 to the financial year 2007 with the annual administrative target value will be calculated according to an average head rate from the head quotas of the respective insurance institution. the current year and the previous two years. The head rate is calculated from the base value of a financial year in the branch Health Insurance per insured person and eligible (n) family members, in the branch Accident Insurance per directly insured person and in the branch Pension insurance per person directly insured, plus pension. The basic value is calculated from the net administrative and accounting expenses of the official income statement of the insurance institutions; the administrative and settlement expenses are then calculated in accordance with § 82 of this Federal Act and after the § 250 (2) of the GSVG and to increase the rates of "pensions", "copies and death grants", 50% each, as well as "rent and lease expenses", the lump sum for apprentices according to para. 11 as well as the carrier and/or the carrier. To reduce insurance-specific deductised items in accordance with paragraph 12.

(10) In the case of insurance institutions carrying out two or more classes of insurance, the determination of the annual administrative and clearing costs shall be related to each of the classes of insurance.

(12) As a carrier or Insurance-specific deductists shall be considered:

1.		the costs of the dissolution and reorganisation of organisational units (in particular those of electronic data processing), in so far as these are due to the pooling of joint tasks or the combination of insurance institutions and/or the creation of institutions within the meaning of Section 81 (2) (merger costs);
2.		The expenses for the administration of the fee payment in the field of accident insurance.

(13) Pensions, deferments and death grants, as well as rent and leasing expenses, which have already been deducted pursuant to paragraph 9, may no longer be taken into account in the context of the merger costs referred to in paragraph 12 Z 1.

(14) For the main association, paragraphs 9 to 13 are to be applied in such a way that the comparison of the administrative expenditure of the main association from the financial year 2005 to the financial year 2007 with the annual administrative target value, using the Based on the underlying underlying value of the head-quota calculation in accordance with paragraph 9, the annual administrative target value from the 2004 financial year being the inflation rate of the previous year, which is higher than the previous year. The head of the association has to report to the carrier conference about a target-value misconduct. "

Article 2

Amendment of the Industrial Social Insurance Act (31. Novelle to GSVG)

The Industrial Social Security Act, BGBl. No 560/1978, as last amended by the Federal Law BGBl. I No 71/2005, shall be amended as follows:

1. In § 26 (1), after the expression "Determination of the contribution basis" the expression "in pension insurance" inserted.

2. According to Article 26 (3) (1), the following Z 1a is inserted:

" 1a.		Compulsory insurance according to the B-KUVG or ".

3. In § 26 (3) final part, the expression " or § 236 lit. a " by the expression "and § 236" replaced.

4. In § 26 (4) (1) (1), after the expression: "Contribution month of compulsory insurance" the expression "due to gainful employment" inserted.

5. In § 26 (4) final part, the expression "§ 236 lit. a" in each case by the expression "§ 236" replaced.

6. In § 26 (5) Z 3, the parenthesis shall be " (par. 4 Z 2) " by the parenthesis expression " (par. 4 Z 1) " replaced.

7. The following paragraphs 6 and 7 are added to § 26:

" (6) In the cases referred to in paragraph 3 (1a), the sum of

1.		from the contribution basis according to the B-KUVG and
2.		Based on the contribution basis pursuant to § 25 (2)

not the amount pursuant to § 25 (4) or § 236 lit. b, so the contribution basis in the health insurance under this Federal Act is the difference between the contribution basis according to the B-KUVG and the amount according to § 25 (4) or § 236 lit. b.

(7) If a person insured under this Federal Act also has a pension pursuant to the ASVG or this Federal Act or one of the persons referred to in Section 1 (1) (1) (7), (12) and (14) (lit). b B-KUVG mentioned services are the provisions of § 25 (4) and § 236 lit in the calculation of the contribution basis in the health insurance according to § 25 and § 25a. b do not apply. (4) and (6) shall be applied in such a way that, in accordance with the ASVG, the pension pursuant to § 73 ASVG and under this Federal Act shall be used as a basis for the pension pursuant to § 29. "

8. In the first sentence of section 32a (1), the term " "applicable at the time of the payment of contributions" and shall be made after the expression "§ 45 (1) ASVG" the expression "of the calendar year for which contributions are paid" inserted.

The second sentence of section 32a (1) reads as follows:

"If the contributions are paid only after the end of the calendar year for which they are to apply, they shall be multiplied by the product of the rate of recovery according to the APG up to the calendar year of the contribution direction."

(10) The following paragraph 3 is added to section 32a:

" (3) overlapping periods of the visit of an educational institution for which a self-assurance exists in accordance with § 13a, with other periods of contribution under this or another federal law, the contribution basis for the self-insurance shall be the following: § 13a by way of derogation from paragraph 1 in such a way that, together with the other contribution bases in the relevant calendar month, it does not exceed the monthly maximum contribution basis (§ 48) in force after the period of storage. "

11. § 33 (1) reads:

" (1) The contribution basis for further insurance in the pension insurance scheme is one twelfth of the sum of the contribution bases of the last calendar year prior to leaving the compulsory insurance. If provisional bases of contributions are to be applied for this purpose, they shall be deemed to be definitive in the sense of Section 25 (7) of this Federal Act and Section 23 (12) of the BSVG. The basis of contribution shall not exceed the maximum contribution basis (§ 48); it shall be multiplied by the factor resulting from paragraph 2 above. "

(12) In § 35, the following paragraph 5a is inserted:

" (5a) The period of 15 days provided for in paragraph 5 shall begin in cases in which the contributions are required by the insurance institution pursuant to Article 40a (1), only after the second working day has elapsed after the task of the posting of contributions to the post; the Contribution pre-payment is considered a payment request. "

(13) The following paragraph 4 is added to § 35a:

"(4) The provisional differential contribution basis referred to in paragraphs 1 and 2 exceeds the final differential contribution basis, and the contributions of the insured person to that difference shall be remunerated."

14. In § 35b (1), first sentence, the expression "another federal law" by the expression "the ASVG or B-KUVG" replaced after the expression "Monthly contribution bases in health insurance" the parenthesis expression "(including special payments)" and after the expression "Exceeding such exceedage" the parenthesis expression "(provisional basis for the difference in contribution)" inserted.

15. § 35b (2) reads:

' (2) (1) shall apply mutatily if: A person insured under this federal law Also a pension according to the ASVG or according to this federal law or one of those in § 1 para. 1 Z 7, 12 and 14 lit. b B-KUVG mentioned benefits. "

16. The following paragraphs 3 to 5 are added to § 35b:

" (3) In the cases of Article 26 (3), the assessment of the contributions shall be based on a provisional basis of contribution, which shall be based on the basis of section 25a and on the credibly made contributions in application of Article 26 (4) to (7). Contribution bases according to the ASVG and B-KUVG, plus the special payments.

(4) As soon as the sum of the contribution bases and pensions in accordance with the ASVG and B-KUVG and from the final contribution bases (§ § 25 and 26) is determined in accordance with this federal law in the cases referred to in paragraphs 1 and 2, a final The difference in the basis of the difference in the application of paragraph 1 of this Article.

(5) According to the conclusion of the final difference contribution basis according to paragraph 4, that contributions to health insurance are still to be paid under this Federal Act, these contributions shall be made with the expiry of the second month of the Calendar quarter-year in which the pre-depreciation is made. Where the provisional differential contribution basis exceeds the final differential contribution basis, the contributions paid to this difference shall be remunerated by the insured person. "

17. In § 36 (1), after the expression "Contribution bases of compulsory insurance" the expression "and contributor pensions" inserted.

18. § 36 (4) reads:

" (4) The amount to be reimbursed by the insured person shall be calculated according to the ratio of the sum of all the bases of contributions of compulsory insurance and pensions (including special payments) under this Federal Act, the ASVG, the BSVG and the B-KUVG. The social security institution of the commercial economy shall be entitled to compensation for the share of the sickness insurance institution in accordance with the ASVG, the social security institution of the farmers and the insurance institution in the public service. "

19. In accordance with § 40, the following § 40a and title shall be inserted:

" NachentDirection verAnnuter Beiträge zur Pension versicherung

§ 40a. (1) Contributions to pension insurance, which are already statute-barred pursuant to § 40, may be paid by the insured person at the request of the insured person, unless contributions within the meaning of § 35 are retroactive. The application is to be filed until the end of the deadline (§ 113 (2)) with the insurance institution, which must determine the existence of the periods of compulsory insurance and have to prescribe the contributions to be made.

(2) The contributions to be submitted in accordance with paragraph 2 shall be multiplied by the product of the recovery figures according to the APG for the period from the original due date to the pre-depreciation.

(3) All provisions applicable to the payment of contributions shall also apply to the subsequent payment of annual contributions, unless otherwise provided for in paragraphs 1 and 2; however, any introduction measures in the event of non-payment of the annual contributions shall be deemed to be excluded. "

20. In § 60 (1), third sentence, the expression "referred to as references" the expression "in the version in force on 31 December 2005" .

21. In § 115 (1) (1) (1), the term " "within five years from the end of the calendar month for which they are to apply, the contributions referred to in Article 35 (2), (3) or (4) within five years from the date of the determination of the final contribution basis" .

22. In § 115 (1) Z 3, the expression "paid" by the expression "effective (§ 118)" replaced.

23. § 115 (3) is repealed.

(24) In § 116 (7), the expression "or with public law" is deleted and the term "with at least two years of education" is replaced by the term "or a middle school with comparable educational offer".

25. In § 117 of the first sentence, the expression "Periods of a holding, in the sight of which an Austrian court has legally granted a compensation claim for criminal prosecution or conviction, and" is replaced by the following expression:

" times of a posture,

1.		for those in a request procedure in accordance with § 9 of the Criminal Law Compensation Act 2005, BGBl. I No 125/2004, a replacement claim has been recognised or
2.		for which an Austrian court has legally recognised a claim for compensation for criminal prosecution or conviction,
and ".

26. In § 118 paragraph 2 lit. a is the expression "continued insurance" by the expression "Self-or further insurance" replaced.

27. § 118 para. 2 lit. b is:

" (b)			in the case of contributions pursuant to § 40a, if they have been paid in advance within three months from the date of the pre-writing; "

28. The following sentence shall be added to Section 127b (1):

"This does not apply if only contributions have been paid in accordance with the ASVG; in these cases, the payment of contributions shall be made in accordance with § 70 ASVG."

29. In § 127b (2), second sentence, the term "to be reimbursed" shall be "refunded" by the expression " If the compulsory insurance has passed the entire calendar year on the basis of a gainful activity; if this is not the case, the annual maximum contribution basis for the refund shall be different from the second sentence of Article 12 (1) of the APG from the sum of the monthly maximum contribution bases " inserted.

30. § 132 (4) is repealed.

31. In § 133, the following paragraph 3a is inserted after paragraph 3:

' (3a) The requirement to pursue an activity as a self-employed person in accordance with the first sentence of paragraph 3 is that in the last 180 calendar months, in the last 180 calendar months, the same type of paid employment is equivalent to a maximum of 60 calendar months before the date of the date of the date of the date "

32a. In § 172, the following paragraph 1 is inserted after paragraph 1:

" (1a) If an insured person is subject to a pension insurance-free service after 31 December 2004 (paragraph 1). 2) and if the employer has to apply the ASVG or the APG in accordance with the relevant regulations, the insurance institution has, by way of derogation from paragraph 1, has acquired for all to the admission into the pension insurance-free service relationship. Insurance monates (contribution and replacement months) to pay a transfer amount. "

32b. The following sentence shall be added to section 175 (2):

If the service provider of the new service does not count on the amount of insurance on which the transfer amount is based, in accordance with the relevant rules applicable to the transfer, the part of the insurance month covered by this insurance policy shall not be Transfer amount in accordance with § 311 (5) of the ASVG to the insurance institution. "

33. In § 298, para. 13, the expression "penultimate sentence" by the expression "fourtlast sentence" replaces and does not include the expression " ; the legal force of past decisions is not contrary to " .

34. In § 306, paragraph 3, the term " "in the version in force on 31 December 2004" .

35. In § 306, the following paragraph 3a is inserted after paragraph 3:

" (3a) To persons who are prior to the 1. January 1955, § 26 (4) and (5) shall continue to be applied in the version in force on 31 December 2004. "

36. § 306 (6) reads:

" (6) On persons who are before the 1. Jänner, born in 1955, is to continue to apply Section 33 (1) in the version in force on 31 December 2004. "

37. In accordance with § 310, the following § 311 shall be added together with the heading:

" Final provisions on Art. 2 of the Federal Law BGBl. I n ° 132/2005 (31. Novelle)

§ 311 (1) It shall enter into force:

1.		with 1. § 26 (1), (3), 4 final part and 5 to 7, 35 (5a), 35a (4), 35b (1) to (5), 36 (1) and (4), 40a and the title, 60 (1), 115 (1) Z 1, 116 (7), 118 (2) (b), 127b (1), 133 (3a), 150 (1) and (298) (13). the version of the Federal Law BGBl. I No 132/2005;
2.		Retroactive with 1. § § 26 (4) Z 1, 32a (1) and (3), 33 (1), 115 (1) (3), 117, 118 (2) (a), 127b (2), 172 (1a), 175 (2) and 306 (3), (3a) and (6) in the version of the Federal Law BGBl (Federal Law). I No 132/2005.

(2) § § 115 (3) and 132 (4) shall expire at the end of 31 December 2005, but they shall continue to be applied to proceedings pending on that date.

(3) § § 35 (5a), 40a, 115 (1) (1) and (2) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 132/2005 are not applicable to persons who are entitled to a pension with a reference date (Section 113 (2)) before the 1. Jänner 2006. Contributions paid in accordance with the provisions in force until the end of 31 December 2005 (Section 115 (1) (1)) shall apply from 1 January 2014. Jänner 2006 as effective.

(4) For persons who are prior to the 1. Jänner, born in 1955, is § 32a para. 1 in the version of the Federal Law BGBl. I n ° 132/2005 in the case of the payment of contributions after the completion of the 50. The contribution basis shall be multiplied by a factor of 1.66; the post of this factor shall be replaced by the completion of the 55. Life year of factor 2.22 and after completion of 60. Life year of factor 2.34. As far as persons born after 31 December 1954 are already before the 1. In accordance with Section 116 (9) of this Regulation, in order to increase the contribution base by a factor, the contributions to the multiplication of contributions have been paid by January 2005 in the event of a direct payment of a direct pension-upgraded with the (§ 47)-to be reimbursed ex official; upon request, the refund must be made before a repurchase of the pension.

(5) The indicative rates in accordance with § 150 (1) (lit). a sublit. bb, lit. b and lit. c sublit. bb in the version of the Federal Law BGBl. By way of derogation from Section 150 (2) in conjunction with Section 51 for the calendar year 2006, I shall not multiply it in accordance with Section 150 (2).

(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 2006. By way of derogation from § 202, the term of office shall take the form of 1. Jänner 2007 to form administrative body four years. "

Article 3

Amendments to the Farmers ' Social Security Act (31). Novelle to the BSVG)

The farmers social security law, BGBl. N ° 559/1978, as last amended by the Federal Law BGBl. I No 71/2005, shall be amended as follows:

1. § 23 (6) last sentence reads:

" If, for one of the persons referred to in Z 1 to 4, a legally valid application for an allocation of basic contributions pursuant to section 23b is available, its contribution basis shall be based on the assessment of the contribution basis of the contribution. operating person (s)-in the sense of the application; the basis of contribution shall be rounded to a cent each. "

2. In § 23a of the first sentence, the expression "§ 4 Z 1 lit. a" is replaced by the term "§ 4a Z 1 lit. a".

3. In accordance with § 23a, the following § 23b with headline is inserted:

" Allocation of contribution base parts

§ 23b. (1) If income is achieved on the basis of operating activities according to § 2 (1) (1) (1) of the last sentence, an operating person (Section 2 (1) (1)) may request that the contribution base part, which is due to the secondary activity, be determined in accordance with the conditions laid down in the (2)-for at least one contribution year-the contribution basis is attributed to one of the persons referred to in Article 23 (6). The application shall be made by 31 March of the year following the year of contribution, from which the allocation shall take effect. The revocation of such an application shall be made by 31 March of the year following the year of contribution from which it is to take effect. Where more than one person has one and the same country (forst) economic operation on a common account and danger, both the application and the revocation shall require the consent of all persons carrying out the operation.

(2) The allocation in accordance with paragraph 1 shall be in the case of a (a) insured person

1.		pursuant to section 2 (1) (2) (2) to the maximum extent of two-thirds
2.		in accordance with Article 2 (1) (3) (3) to the maximum extent of 100%
3.		in accordance with § 2 (1) Z 4 to the maximum extent of 50%
of the contribution base part of the contribution to which the secondary activity is based. In respect of each operating activity, the allocation shall be admissible only on one person up to the relevant maximum contributory basis. "

(4) The previous text of § 27a is given the sales designation "(1)"; the following paragraphs 2 and 3 are added:

" (2) The self-insured persons shall pay a contribution for the duration of the insurance, which amounts to 22.8% of the contribution basis.

(3) overlapping periods of the visit of an educational institution for which a self-assurance exists according to § 10a, with other contribution periods under this or another federal law, the contribution basis for the self-insurance shall be the following: § 10a by way of derogation from paragraph 1 in such a way that, together with the other contribution bases in the respective calendar month, it does not exceed the monthly maximum contribution basis (§ 48 GSVG) in force after the period of storage. "

5. In § 27a (1) (new) first sentence, the term " "applicable at the time of the payment of contributions" and shall be made after the expression "§ 45 (1) ASVG" the expression "of the calendar year for which contributions are paid" inserted.

6. § 27a (1) (new) second sentence reads:

"If the contributions are paid only after the end of the calendar year for which they are to apply, they shall be multiplied by the product of the rate of recovery according to the APG up to the calendar year of the contribution direction."

7. § 28 (1) reads:

" (1) The contribution basis for further insurance in the pension insurance scheme is one twelfth of the sum of the contribution bases of the last calendar year prior to leaving the compulsory insurance. If provisional bases of contributions are to be applied for this purpose, they shall be deemed to be definitive in the meaning of Section 23 (12) of this Federal Act and Section 25 (7) of the GSVG. The basis of contribution may not exceed the maximum contribution basis (§ 48 GSVG); it must be multiplied by the factor resulting from § 33 (2) of the GSVG. "

8. In § 33b (1), first sentence, after the expression "Monthly contribution bases in health insurance" the parenthesis expression "(including special payments)" and after the expression "Exceeding such exceedage" the parenthesis expression "(provisional basis for the difference in contribution)" inserted.

Section 33b (2) reads as follows:

' (2) (1) shall apply mutatily if: A person insured under this federal law Also a pension according to the ASVG, GSVG or this federal law or one of the provisions of § 1 paragraph 1 Z 7, 12 and 14 lit. b B-KUVG mentioned benefits. "

10. The following paragraphs 3 and 4 are added to § 33b:

" (3) As soon as the sum of the contribution bases and pensions under the ASVG, GSVG and B-KUVG and from the final contribution bases under this Federal Act is fixed in the cases of paragraphs 1 and 2, a final difference in the contribution of the contribution shall be provided in the following cases: the corresponding application of paragraph 1.

(4) After determining the final difference contribution basis in accordance with paragraph 3 above, if contributions to the health insurance are still to be paid under this Federal Act, these contributions shall be accompanied by the expiration of the following Monates due. Where the provisional differential contribution basis exceeds the final differential contribution basis, the contributions paid to this difference shall be remunerated by the insured person. "

11. In § 33c (1), after the expression "Contribution bases of compulsory insurance" the expression "and contributor pensions" inserted.

Section 33c (4) reads as follows:

" (4) The amount to be reimbursed by the insured person shall be calculated according to the ratio of the sum of all the bases of contributions of compulsory insurance and pensions (including the special payments) under this Federal Act, the ASVG, GSVG and B-KUVG. The social security institution of the farmers shall be entitled to compensation for the share of the sickness insurance institution in accordance with the ASVG, the social security institution of the commercial economy and the insurance institution in the public service. "

13. In § 34, the following paragraph (3a) is inserted:

" (3a) The period of two weeks provided for in paragraph 2 shall begin in cases in which the contributions are required by the insurance institution pursuant to Section 39a (1), only after the second working day after the task of the post-contributor to the post; the Contribution pre-payment is considered a payment request. "

14. In accordance with § 39, the following § 39a and heading is inserted:

" NachentDirection verAnnuter Beiträge zur Pension versicherung

§ 39a. (1) Contributions to pension insurance, which are already statute-barred pursuant to § 39, may be paid by the insured person at the request of the insured person, but only as far as not contributions within the meaning of § 33 of § 2 (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) are backward. The application is to be filed until the end of the deadline (§ 104 (2)) with the insurance institution, which must determine the existence of the periods of compulsory insurance and have to prescribe the contributions to be made. Contribution debtor is the insured person.

(2) The contributions to be submitted in accordance with paragraph 2 shall be multiplied by the product of the recovery figures according to the APG for the period from the original due date to the pre-depreciation.

(3) All provisions applicable to the payment of contributions shall also apply to the subsequent payment of annual contributions, unless otherwise specified in paragraphs 1 and 2; measures to be introduced in the event of non-payment of the statute of limitations shall be: excluded. "

15. In § 56 (1), third sentence, the expression "referred to as references" the expression "in the version in force on 31 December 2005" .

16. In § 106 (1) (1) (1), the term " "within five years of the end of the calendar month for which they are to apply," .

17. In § 106 (1) (2), the expression is deleted "within five years from the end of the calendar year for which they are to apply," .

18. In § 106 (1) Z 3, the expression "paid" by the expression "effective (§ 109)" replaced.

19. § 106 (3) is repealed.

20. § 107 (7) does not include the term "or with public law" and replaces the term "with at least two years of educational attainment" by the term "or a middle school with a comparable educational offer".

21. In § 108, first sentence, the expression "Periods of a holding, in the sight of which an Austrian court has legally granted a compensation claim for criminal prosecution or conviction, and" is replaced by the following expression:

" times of a posture,

1.		for those in a request procedure in accordance with § 9 of the Criminal Law Compensation Act 2005, BGBl. I No 125/2004, a replacement claim has been recognised or
2.		for which an Austrian court has legally recognised a claim for compensation for criminal prosecution or conviction,
and ".

22. In § 109 para. 2 lit. a is the expression "continued insurance" by the expression "Self-or further insurance" replaced.

23. § 109 para. 2 lit. b is:

" (b)			on contributions pursuant to section 39a, if they have been paid in advance within three months from the date of the pre-writing; "

(24) The following sentence shall be added to section 118b (1):

"This shall not apply if only contributions have been paid in accordance with the ASVG and/or GSVG; in these cases, the reimbursement of contributions shall be made in accordance with § 70 ASVG or § 127b of the GSVG."

25. In § 118b (2), second sentence, the term "to be reimbursed" shall be "refunded" by the expression " If the compulsory insurance has passed the entire calendar year on the basis of a gainful activity; if this is not the case, the annual maximum contribution basis for the refund shall be different from the second sentence of Article 12 (1) of the APG from the sum of the monthly maximum contribution bases " inserted.

26. § 123 (4) is repealed.

27. In § 124, the following paragraph 2a is inserted after paragraph 2:

" (2a) The requirement to pursue a self-employed activity as referred to in the first sentence of the first sentence of the first sentence of paragraph 2 shall be equivalent to an activity of the same kind in the last 180 calendar months before the date of the date of the date of validity of more than 60 calendar months. "

28a. In § 164, the following paragraph 1 is inserted after paragraph 1:

" (1a) If an insured person is subject to a pension insurance-free service after 31 December 2004 (paragraph 1). 2) and if the employer has to apply the ASVG or the APG in accordance with the relevant regulations, the insurance institution has, by way of derogation from paragraph 1, has acquired for all to the admission into the pension insurance-free service relationship. Insurance monates (contribution and replacement months) to pay a transfer amount. "

28b. The following sentence shall be added to section 167 (2):

If the service provider of the new service does not count on the amount of insurance on which the transfer amount is based, in accordance with the relevant rules applicable to the transfer, the part of the insurance month covered by this insurance policy shall not be Transfer amount in accordance with § 311 (5) of the ASVG to the insurance institution. "

29. In § 287, para. 13, the expression "penultimate sentence" by the expression "fourtlast sentence" replaces and does not include the expression " ; the legal force of past decisions is not contrary to " .

30. In § 295 (3), the term " "in the version in force on 31 December 2004" .

31. § 295 (6) reads:

" (6) On persons who are before the 1. Jänner, born in 1955, is to continue to apply Section 28 (1) in the version in force on 31 December 2004. "

32. In accordance with § 299, the following § 300 shall be added together with the heading:

" Final provisions on Art. 3 of the Federal Law BGBl. I n ° 132/2005 (31. Novelle)

§ 300. (1) It shall enter into force:

1.		with 1. § § 23 para. 6, 23b including title, 33b (1) to (4), 33c (1) and (4), 34 (3a), 39a and title, 56 (1), 106 (1), (1) and (2), 107 (7), 109 (2) (b), 118b (1), (124) (2a), 141 (1) and (287) (13) of the Federal Law BGBl. I No 132/2005;
2.		Retroactive with 1. January 2005 § § 23a, 27a, 28 (1), 106 (1) Z 3, 108, 109 para. 2 lit. a, 118b (2), 164 (1a), 167 (2) and 295 (3) and (6) in the version of the Federal Law BGBl. I No 132/2005.

(2) § § 106 (3) and 123 (4) shall occur at the end of the 31 December 2005 However, they shall continue to be applied to proceedings pending on that date.

(3) § § 23 (6) and (23b) in the version of the Federal Law BGBl. I n ° 132/2005 are to be applied for the first time for the 2005 contribution year.

(4) § § 34 (3a), 39a, 106 (1) (1) (1) and (2) and (2) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 132/2005 are not applicable to persons who are entitled to a pension with a reference date (§ 104 (2)) before the 1. Jänner 2006. Contributions paid in accordance with the provisions in force until the end of 31 December 2005 (Section 106 (1) (1)) shall apply from 1 January 2014. Jänner 2006 as effective.

(5) For persons who are before the 1. Jänner, born in 1955, is § 27a (1) in the version of the Federal Law BGBl. I n ° 132/2005 in the case of the payment of contributions after the completion of the 50. The contribution basis shall be multiplied by a factor of 1.66; the post of this factor shall be replaced by the completion of the 55. Life year of factor 2.22 and after completion of 60. Life year of factor 2.34. As far as persons born after 31 December 1954 are already before the 1. Jänner 2005 Contributions under Section 107 (9) of the contribution base have been paid by multiplying the contribution basis by a factor, they are the contributions to the multiplication of contributions in case of a direct pension benefit-upgraded with that of the (§ 45)-to be reimbursed ex official; upon request, the refund must be made before a repurchase of the pension.

(6) The indicative rates in accordance with § 141 (1) (1) (1). a sublit. bb, lit. b and lit. c sublit. bb in the version of the Federal Law BGBl. By way of derogation from § 141 (2) in conjunction with § 47 for the calendar year 2006, I n ° 132/2005 are not to be multiplied.

(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 2006. By way of derogation from § 190, the term of office shall take the form of 1. Jänner 2007 to form administrative body four years. "

Article 4

Amendment of the General Pensions Act (1). Novelle to the APG)

The General Pension Act, BGBl. I n ° 142/2004, is amended as follows:

1. § 1 para. 3 shall be based on the following expression: "§ 4 (2) and (3)" the expression " , § 7 Z 3 " inserted.

2. In § 4 (5) Z 1 the expression "according to § 18a ASVG" by the expression "according to § § 18a and 18b ASVG" replaced.

3. In § 5 (2), first sentence and para. 4, first sentence, the expression "16 (5)" in each case by the expression "16 (6)" replaced.

4. In § 11 Z 2, after the expression "§ 3" the expression " 1 " inserted.

5. In § 11 Z 7, the expression "Z 1 to 3" the expression "the" .

6. In § 15 paragraph 2 Z 1 lit. c is after the expression "§ 227 (1) Z 5" the expression "ASVG" inserted.

7. § 15 para. 2 Z 1 lit. d sublit. aa second half sentence is:

"if this basis of contribution cannot be determined, the amount allocated in Appendix 6 to this Federal Act to the age of the insured person, which is to be deducted or depreciated, shall be used as a basis for contribution;"

8. In § 15 (2), the point at the end of Z 10 shall be replaced by a stroke; the following Z 11 shall be added:

" 11.		the contribution basis for the periods according to § 35 AMSG will be before 1. Jänner 2004 after Z 1 lit. d sublit. dd formed. "

9. In § 15 paragraph 4 Z 1 the expression "§ GSVG" by the expression "§ 298 (10) GSVG" replaced and the expression "130 (4) BSVG" preceded by the paragraph character.

9a. In § 15 (5), first sentence, the expression "12" by the expression "24" replaced.

10. § 15 para. 6 second sentence reads:

"Only § 9 shall apply for the omission and the increase after the completion of the rule-of-law period of the performance determined in accordance with paragraph 1 Z 3."

11. § 15 (7) second sentence is deleted.

12. The following sentence is added to Section 16 (4):

"In addition, the calculation of the performance shall be carried out in accordance with the provisions for the retirement pension according to the ASVG or GSVG or BSVG; paragraph 5, last sentence, shall apply."

12a. The following paragraph 9 is added to Article 16:

" (9) Persons born after 31 December 1954 and belonging to the pension insurance scheme on the reporting date (Section 223 (2) of the ASVG) are, if this is the case after the parallel invoice has been carried out in accordance with § 15 for the insured person. , it is more favourable to apply exclusively the provisions of the fourth and tenth parts of the ASVG in the version in force on 31 December 2004, until 31 December 2025. "

13. In accordance with § 16, the following § 17 together with the title is added:

" Final determination on Art. 4 of the Federal Law BGBl. I n ° 132/2005 (1. Novelle)

§ 17. The following shall enter into force:

1.		with 1. January 2006 § § 4 (5) Z 1 and 15 (5) in the version of the Federal Law BGBl. I No 132/2005;
2.		Retroactive with 1. January 2005 § § 1 (3), 5 (2) and (4), 11 (2) and (7), 15 (2) (2) (1) (lit). c and d as well as Z 10 and 11, para. 4 Z 1 as well as (6) and (7) and 16 (4) and (9) and the annex 6 in the version of the Federal Law BGBl. I No 132/2005. '

14. The following Annex 6 is added to Annex 5:

Article 5

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 No 71/2005, shall be amended as follows:

1. In § 2 (1) Z 2, the expression "Health care for Upper Austrian Municipal Officials" by the expression "Health care for Upper Austrian municipalities" replaced.

2. In Section 24b (1), after the expression "Contribution bases of compulsory insurance" the expression "and contributor pensions" inserted.

Section 24b (4) reads as follows:

" (4) The amount to be reimbursed by the insured person shall be calculated according to the ratio of the sum of all the bases of contributions of compulsory insurance and pensions (including the special payments) under this Federal Act, the ASVG, GSVG and To split BSVG. The insurance institution shall have the right to replace the share of the sickness insurance institution in accordance with the ASVG, the social security institution of the commercial economy and the social security institution of the farmers. "

4. In accordance with § 213, the following § 214 and heading is added:

" Final determination on Art. 5 of the Federal Law BGBl. I No 132/2005

§ 214. § § 2 (1) Z 2 and 24b (1) and (4) in the version of the Federal Law BGBl. I n ° 132/2005 are 1. Jänner 2006 in force. "

Article 6

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 n ° 136/2004, shall be amended as follows:

1. In § 12 (1) (1) (1), the expression " Landesfonds within the meaning of the agreement in accordance with Art. 15a B-VG on the reform of health care and the financing of hospitals for the years 1997 to 2000, BGBl. I No 111/1997, " by the expression " State health fund within the meaning of the agreement in accordance with Art. 15a B-VG on the organisation and financing of the health care system, BGBl. I No 73/2005, " replaced.

2. In § 12 paragraph 3 Z 2, the expression "§ 28 (6) BSVG" by the expression "§ 28 (6) BSVG, the contribution level for the self-insurance of a carer pursuant to § 77 (8) ASVG" replaced.

(3) The following paragraph 8 is added to § 49:

" (8) § 12 (1) (1) (1) and (3) (3) (2), as amended by the Federal Law BGBl. I n ° 132/2005 is 1. Jänner 2006 in force. "

Article 7

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 ° 114/2005, shall be amended as follows:

1. In § 15 (3) Z 4, before the expression "Section 77 (6) of the ASVG" the expression "§ 18b ASVG or" inserted and the expression "further insured" by the expression "insured" replaced.

(2) The following paragraph 87 is added to § 79:

" (87) § 15 para. 3 Z 4 in the version of the Federal Law BGBl. I n ° 132/2005 is 1. Jänner 2006 in force. "

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