71. Federal Law, with which the General Social Security Act, the Industrial Social Security Act, the Farmers-Social Insurance Act, the Official Health and Accident Insurance Act, the Service Procurement Act, the unemployed-
Insurance Act 1977 and the Labour Market Service Act (Sozialrechts-amending Act 2005-SRÄG 2005)

The National Council has decided:

Article 1

Amendment of the General Social Security Act (64). Novelle to the ASVG)

The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I No 179/2004, shall be amended as follows:

1. In § 7 Z 4, the introduction shall be based on the expression "Pension insurance" the expression " , if they are made up of one or more conditions of employment in the sense of the lit. a to e due in the calendar month due remuneration exceeds the amount referred to in section 5 (2) (2) (2) " .

2. According to § 7 Z 4 lit. c sublit. bb is the following sublit. cc inserted:

" cc)				whose service is based on the State Contract Teachers Act 1966, BGBl. No 172, with the exception of the teachers of the Federal State of Vienna, or on the Land and forestry State Contract Teacher Act, BGBl. No 244/1969, which is based on the expiry of 31 December 2000; '

3. § 8 para. 1 Z 3 lit. e is after the expression "Members" the expression "of the controlling group (§ 32a), of the Social and Health Forum Austria (§ 442) and" inserted.

4. In § 12 (5a) the expression "Calendar month" by the expression "Calendar Day" and the expression "shall be disbursed" by the expression "due" replaced.

5. In § 19a (1), first sentence, after the expression "Full insurance pursuant to § 5 (1) Z 2" the expression "or partial insurance in accordance with § 7 Z 4" inserted.

6. The following sentence shall be added to Article 19a (1):

"The self-insurance for persons exempted from the partial insurance pursuant to § 7 Z 4 shall take place in the pension insurance according to this Federal Act and in the health insurance according to the B-KUVG (§ 7a B-KUVG)."

7. § 26 para. 1 Z 3 lit. a is added to the following sentence:

" the company health insurance fund voestalpine Bahnsysteme for employees in the holding companies of the division railway systems, unless another occupational health insurance fund is in fact competent, and for those in the facilities of the occupational health insurance fund employed; "

8. In § 31 paragraph 5 Z 34, after the expression "Reporting, insurance and contribution systems" the expression "as well as the service fee and refund (§ 31c (3) to (5))" inserted.

9. § 31c (2) second sentence reads:

" The service fee is not to be paid by

1.		Persons and recipients of a pension under this federal law or the GSVG,
2.		Insured persons under section 479a (1) (2), (2),
3.		Recipients of special assistance pursuant to § 1 paragraph 1 of the Special Support Act, BGBl. No 642/1973,
4.		Persons receiving income-related pension benefits under the War Victims Pension Act 1957, the Army Supply Act or the Victim Welfare Act,
5.		persons insured in the sickness insurance of the survivors of the war and in the sickness insurance of the survivors under the Law on the Supply of Military Persons,
6.		persons who are exempted from the directives pursuant to section 31 (5) (16) of this Directive; and
7.		children (§ 123 (2) (2) to (6)) and persons belonging to the persons after Z 1 to 4. "

10. § 31c (3) to (5) are:

" (3) The service charge for a calendar year shall be due on 15 November of the previous year, for the first time on 15 November 2005, due and to be raised by the insured person/insured person for himself and his/her relatives by

1.		The employer of persons in employment relationship (service, teaching or training),
2.		the labour market service of health insurance providers according to the AlVG,
3.		the health insurance institution of
a)			self-insured persons according to § § 16 and 19a,
b)			(multiple) marginally employed persons,
c)			Persons and recipients of child care allowance (§ 8 para. 1 Z 1 lit. (f)
d)			Recipients of sickness benefit if the claim is not fully or halfway in accordance with § 143 (1) (3) (3) of the first subparagraph,
e)			Recipients of weekly allowances,
4.		which would otherwise be used to issue medical certificates (para. 1) After the removal of the hospital by the e-card last required place.

(4) The service fee shall be subject to the rules governing the general contributions. The main association may provide for the collection and removal of the service charges deviating provisions in the guidelines pursuant to § 31 (5) Z 34.

(5) At the request of the person concerned, the service fee shall be reimbursed by the health insurance institution,

1.		when it has been raised for one person pursuant to paragraph 2 (1) (1) to (7);
2.		if it has been raised for a person insured with health insurance on 15 November of a year under this federal law, the pension date of which (Section 223 (2) of the ASVG or Section 113 (2) of the GSVG) is before 1 April of the following calendar year;
3.		if, in other cases, it has been raised for a person who is not obliged to pay the service fee;
4.		in the amount of the amount exceeding paragraph 2, if it has been raised several times for a person for a calendar year. "

11. In § 53a, the following paragraph 3a is inserted after the third paragraph of paragraph 3:

" (3a) For persons insured in the pension insurance scheme according to § 7 Z 4 lit. a to e, which are in one or more small employment relationships, is paragraph 3 lit. b shall apply accordingly. "

12. In § 53a (4), after the expression "Full insured pursuant to paragraph 3" the expression "or for sub-insured persons in accordance with paragraph 3a" inserted.

13. In § 73 sec. 1 Z 2 the expression "%" by the expression "However, this is a person who is excluded in accordance with Article 2 (1) (1) (2) B-KUVG, in the amount provided for in accordance with the relevant national provisions for the provision of health care" replaced.

14. In § 73 (2), second sentence, the expression "persons mentioned" by the expression "persons mentioned, other than those mentioned in paragraph 2a." inserted.

15. According to Article 73 (2), the following paragraph 2a is inserted:

" (2a) As a contribution for persons pursuant to § 1 (1) Z 18 B-KUVG, which are excluded pursuant to Article 2 (1) Z 2 B-KUVG, the pension insurance institution has multiplied the amounts withheld pursuant to section 1 (1) (2) of the second sentence of the second sentence of paragraph 2. to the respective health care facility. In so doing, the difference between the transfer amount thus determined and the retention shall not exceed that difference which would result from the application of the rate of contribution referred to in paragraph 1 Z 2. "

16. In § 77 (1), the following sentence shall be inserted after the first sentence:

"§ 51b shall apply."

17. § 77 (1) second sentence in the version of the Z 16 of this federal law is:

"§ § 51b (1) first sentence and 51d are to be applied."

17a. The following paragraph 7 is added to § 80a:

"(7) The General Accident Insurance Institution has to transfer 100 million euros to the compensation fund of the health insurance institutions (§ 447a) on 15 September 2005."

18. § 135 (3) in the version of the Federal Law Gazette (BGBl). I n ° 140/2002 shall be deleted from the last sentence.

18a. In § 149 (3), first sentence, the expression "72 672 834.17 Euro" by the expression "76 306 475,88 Euro" replaced.

18b. § 149 (3a) reads:

" (3a) The amount referred to in paragraph 3 of the first sentence shall be increased in 2005 by that percentage by which the contribution income of the sickness insurance institutions increased in 2005 compared with 2004. As from the year 2006, this amount shall be calculated from the corresponding amount of the previous year, increased by that percentage by which the contribution income of the sickness insurance institution has increased in relation to the previous year. Section 447f (1), last sentence, shall apply. For the year 2005, a provisional amount shall be calculated on the basis of the amount referred to in paragraph 3, first sentence, plus the provisional set of hundreds (§ 447f (2) fourth sentence) for 2005. For the year 2006, a provisional amount shall be calculated up to 31 December 2005 on the basis of the amount referred to in paragraph 3, first sentence, plus the provisional set of hundred for 2005 and 2006. For the years 2007 and 2008, section 447f (2) third sentence shall apply. The final settlement has to be paid up to 31 December 2013. October of the following year, for the first time up to the 31. October 2006. "

19. In § 162 (3), third sentence, after the expression "a performance after the" the expression "KBGG, after the" and after the expression "that on the ground" the expression "of paragraph 3a Z 2 in conjunction with paragraph 5 Z 3," inserted.

20. In § 175 (5), at the end of Z 2, the point is replaced by a line-point and the following Z 3 is added:

" 3.		in the course of the completion of an individual career orientation without integration into the work process to the extent of no more than 15 days per holding and calendar year outside of the teaching periods and the events regulated in § 13b SchUG, provided that: to study for students
a)			of the 8. Class of elementary school,
b)			the 4. Class of primary school,
c)			of the 8. and 9. Class of the special school,
d)			the Polytechnic School, or
e)			the 4. Class of higher education in general education
		and of the legal guardian, consent and the confirmation of the Enlightenment pursuant to § 13b (3) of the German Act on the Rights of the World (SchUG).

21. In § 292 (4), the point at the end of the lit. n replaced by a stroke point and the following lit. o appended:

" o)			Sway allowance according to § 149g (3) BSVG. "

21a. In § 441a (3), the term " "two" by the expression "Three" replaced.

21b. In § 441b paragraph 7, the expression "einen/eine Verbandsvorsitzenden-DelegterIn" by the expression "Two Vice-Chairmen-Deputy/Deputy-Deputy" replaced.

22. In § 447f (10), the expression "occupational health insurance company Neusiedler" by the expression "Operating rankenkasse Mondi Business Paper" replaced.

23. In § 447f (10) the expression "Alpine Donawitz Occupational Health Insurance Fund" by the expression "Occupational Health Insurance Fund voestalpine Bahnsysteme" and the expression "0,23028%" by the expression "0.28442%" replaced; the expressions "Operating rankenkasse Kindberg" and "0,05414%" .

24. In § 447f para. 11 Z 2, the expression "occupational health insurance company Neusiedler" by the expression "Operating rankenkasse Mondi Business Paper" replaced.

25. In § 447f para. 11 Z 2, the expression "Alpine Donawitz Occupational Health Insurance Fund" by the expression "Occupational Health Insurance Fund voestalpine Bahnsysteme" and the expression "0,17180%" by the expression "0.21829%" replaced; the expressions "Operating rankenkasse Kindberg" and "0,04649%" .

(25a) § 447f (14) last sentence reads as follows:

"The amount and due dates of the monthly instalments for the provisional amounts pursuant to § 149 (3a) shall be agreed between the main body and the fund established under the Private Sickness Fund Act."

25b. In § 447f (15), after the expression "Referrals under Section 149 (3)" the expression "and 3a" inserted.

26. In § 460 (3a) the expression "§ 427 (1)" by the expression "§ 427 (1) (1) to (4)" replaced.

27. § 472a (1) third sentence reads as follows:

"Monthly maximum contribution basis is the amount in force in each case in accordance with Article 19 (6) B-KUVG as the maximum contribution basis; as a monthly minimum contribution basis, 15% of the maximum contribution basis shall apply."

28. After the 6. The subsection of the section I of the tenth part becomes the following 7. Subsection inserted with headline:

" 7. SUBSECTION

Merging of the Alpine Donawitz and the occupational health insurance fund Kindberg

Company health insurance fund voestalpine Bahnsysteme-Construction

§ 538o. (1) The Alpine Donawitz Occupational Health Insurance Fund and the occupational health insurance fund Kindberg will be effective from 1 July 2005 onwards. Jänner 2006 merged into the company health insurance fund voestalpine Bahnsysteme. The Occupational Health Insurance Fund voestalpine Bahnsysteme is an insurance institution within the meaning of § 32.

(2) All rights and liabilities of the Alpine Donawitz Occupational Health Insurance Fund and the occupational health insurance fund Kindberg shall be given by 1. January 2006 on the company's health insurance fund voestalpine Bahnsysteme. It's from 1. Jänner 2006 responsible for the management of the administrative and performance matters, which are to be provided by the Alpine Donawitz Occupational Health Insurance Fund and the occupational health insurance fund Kindberg, in accordance with the regulations in force on 31 December 2005. The Occupational Health Insurance Fund voestalpine Bahnsysteme is responsible for the preparation of the annual accounts, the annual reports (§ 444 (1)) and the statistical remittantions (§ 444 (2)) for the year 2005 for the Alpine Donawitz Occupational Health Insurance Fund and the following services: the occupational health insurance fund Kindberg.

Company health insurance fund voestalpine Bahnsysteme-Insurance representatives and constitutionals of the administrative bodies

§ 538p. (1) The insurance representatives (alternates) of the occupational health insurance fund voestalpine Bahnsysteme are for the first time up to 31. The Board of Directors, the Supervisory Assembly and the General Assembly are to be sent in October 2005. Section 421 (1b) is to be applied.

(2) The members of the Executive Board (Section 419 (1) (1)) and the Supervisory Assembly (Section 419 (1) (3)) of the Occupational Health Insurance Fund voestalpine Bahnsysteme will be convened for the first time by the Federal Minister for Health and Women at the constituent meetings in that the above-mentioned administrative bodies shall be invited to take place in the first place. Jänner 2006 her duties and obligations in accordance with § 434 and § 436. With their first meeting, the above-mentioned administrative bodies are constituted. From the time of the constitution, the aforementioned administrative bodies shall take over all tasks and obligations assigned to them under this Federal Act. The General Assembly (Section 419 (1) (2)) is to be convened by the Executive Board for the first time after its constitution. With regard to the Angelobung of the insurance representatives, § 432 shall apply mutatily.

Extended Administrative Body

§ 538q. (1) In order to prepare the merger for the period from 1 July 2005 to 31 December 2005, the occupational health insurance fund Alpine Donawitz and the occupational health insurance fund Kindberg shall be extended to form an expanded administrative body. Where:

1.		to the General Assembly, two members from the group of the servants and one member from the group of service providers,
2.		two members from the group of the employees and one member from the group of the service providers,
3.		A member of the group of service providers and a member of the service provider group
in addition.

(2) The additional members shall be entitled to participate in the meetings of the administrative bodies with an advisory vote.

Concerted decision-making

§ 538r. (1) Decisions of the administrative bodies of the Alpine Donawitz Occupational Health Insurance Fund and the occupational health insurance fund Kindberg shall be coordinated with each other for the period from 1 July 2005 to 31 December 2005. This applies in particular to:

1.		all decisions whose effectiveness requires the approval of the control assembly,
2.		Decisions relating to computer and computer science, with which orders exceed a sum of EUR 100 000, and for
3.		all decisions relating to staff in the management and higher service.

(2) The leading employee is to be ordered at the constitutive meeting of the voestalpine Bahnsysteme operating ranking-fund. Until then, the leading employee of the Alpine Donawitz Occupational Health Insurance Fund is carrying out the duties of the senior management staff of the voestalpine Bahnsysteme operating-health insurance fund.

Participation of the controlling group

§ 538s. (1) The controlling group set up by the main association in accordance with § 32b is responsible for the examination of the measures for the merger of the Alpine Donawitz industrial health insurance fund and the occupational health insurance fund Kindberg in connection with the provisions of this Federal Act , with the assistance of the present Financial Control, Cost and Performance Reports and the Information Technology Reports. The members of the Alpine Donawitz Occupational Health Insurance Fund and the occupational health insurance fund, Kindberg, have submitted the results of the controlling group of the Federal Minister for Health and Women's Health and Health.

(2) During the period from 1 July 2005 to 31 December 2005, the controlling group shall be entitled to participate in the meetings of the extended administrative bodies by a representative with a consultative vote. It must therefore be informed of any meeting of the extended administrative bodies in the same way as its members, pursuant to Section 538q, and also to the authorities provided to them (minutes of meetings, certificates, agendas, reports and other documents). "

29. In accordance with § 623, the following § 624 shall be added together with the heading:

" Final provisions on Art. 1 of the Federal Law BGBl. I No xx/2005 (64. Novelle)

§ 624. (1) It shall enter into force:

1.		1 July 2005 § § 7 Z 4 lit. c sublit. cc, 12 (5a), 31 (5) Z 34, 31c (2) second sentence and (3) to (5), 73 (1) (2), (2) and (2a), 80a (7), 162 (3), 175 (5), (2) and (3), 292 (4) (lit). n and o, 441a (3), 441b (7) and 7 (7). Subsection of Section I of the Tenth Part, together with the headline in the version of the Federal Law BGBl. I No 71/2005;
2.		with 1. January 2006 § § 7 Z 4 Introduction, 19a para. 1, 26 para. 1 Z 3 lit. a, 53a para. 3a and 4, 135 para. 3, 447f para. 10 in the version of the Z 23 and 11 Z 2 in the version of the Z 25, 472a para. 1 third sentence in the version of the Federal Law BGBl. I No 71/2005;
3.		Retroactive with 1. § § 8 (1) Z 3 lit. e, 149 (3) first sentence and 3a, 447f (10) in the version of Z 22 and 11 Z 2 in the version of Z 24 as well as § 447f (14) last sentence and 15 in the version of the Federal Law BGBl. I No 71/2005;
4.		Retroactive with 1. Jänner 2004 of § 460 paragraph 3a in the version of the Federal Law BGBl. I No 71/2005;
5.		Retroactive with 1. January 2001 § 77 (1) second sentence in the version of the Z 17 in the version of the Federal Law BGBl. I No 71/2005;
6.		Retroactive with 1. Jänner 2000 of § 77 (1) second sentence in the version of the Z 16 in the version of the Federal Law BGBl. I No 71/2005.

(2) § 162 (3) in the version of the Federal Law BGBl. I No 71/2005 should apply to maternity insurance cases which enter into force after 30 June 2005. Section 162 (3) in the version of the Federal Law BGBl. I n ° 71/2005 should also be applied if a recalculation of the weekly money is requested no later than 31 December 2005. "

Article 2

Amendment of the Industrial Social Insurance Act

The Industrial Social Security Act, BGBl. No 560/1978, as last amended by the Federal Law BGBl. I No 179/2004, shall be amended as follows:

1. In § 7 (1) Z 5, the term " "Calendar month" by the expression "Calendar Day" and the expression "shall be disbursed" by the expression "due" replaced.

2. In § 149 (4), the following lit. m inserted:

" m)		Sway allowance according to § 149g (3) BSVG. "

3. In accordance with § 309, the following § 310 is added:

" Final determination on Art. 2 of the Federal Law BGBl. I No 71/2005

§ 310. § § 7 (1) Z 5 and 149 (4) (4 lit). m in the version of the Federal Law BGBl. I n ° 71/2005 enter into force on 1 July 2005. '

Article 3

Amendment of the Farmers ' Social Insurance Act (30). Novelle to the BSVG)

The farmers social security law, BGBl. N ° 559/1978, as last amended by the Federal Law BGBl. I No 179/2004, shall be amended as follows:

1. In § 7 (1) Z 5, the term " "Calendar month" by the expression "Calendar Day" and the expression "shall be disbursed" by the expression "due" replaced.

2. In § 34, para. 4, the expression "the time limit referred to in this provision" by the expression "the date referred to in this provision" and the expression "10%" by the expression "5%" replaced.

(3) The following paragraph 7 is inserted in § 38:

" (7) Stehen economic goods which serve a holding, not in the property of the holder of the holding, but in the property of one of the persons referred to in paragraph 4 (2) or (3), the owner/owner of the economic goods shall be liable with the said persons. Goods for the contributions, as long as he/she does not show that he/she did not know the contribution debt or in spite of his/her position in the company, could not know. "

4. In § 124a, the parenthesis is "(§ 182 Z 4)" by the parenthesis expression "(§ 182 Z 5)" replaced.

5. In § 140 (4), the following lit. m inserted:

" m)			Deprivation allowance according to § 149g (3); "

(6) In § 148f (2), first sentence, the expression "§ 178 (1) of the ASVG in conjunction with Section 181 (2) (2) of the ASVG" by the expression "§ 179 (1) ASVG" replaced.

7. In § 148i (3), the parenthesis shall be deleted. "(§ 148j para. 2)" .

8. The following paragraph 4 is added to § 148i:

" (4) By way of derogation from paragraph 1, subject to the condition that the pension claim or the operational task has been causally caused by the accident at work or the occupational disease, an operating pension shall be granted if that is the case in the calendar month after: the income remaining at the time of the pension or the business task, with the exception of maintenance claims, the one and a half-time sentence (§ 141 (1) lit. (a) not exceed. In the case of income determination, § 140 shall be applied with the proviso that the occupational pension which is due beyond the date of the pension or the operational task shall not be taken into account. The operating pension shall be taken away at the request of the end of the calendar month in which the application was made if the income in the calendar month before the application was given the one and a half sentence (§ 141 (1) (lit)). (a) exceed, but at the latest, the month after reaching the rule-of-law period. "

9. § 148j (1) to (3) are:

" (1) Operating pensions may be wholly or partly recovered with the consent of the seedperson (s) by granting a capital equivalent to one half of the value of the pension. After payment has been made, the operating pension shall be extended to half the extent until the removal in accordance with § 148i (1) first sentence. The extent of the occupational pension at the time of severance is to be taken into account in the assessment of the integrity of the person (§ 149e (3)). In the case of an operating pension of more than 25% of the full pension (§ 149e (2) (1)), the competent institution of social assistance must be consulted before a decision is taken on the severance of the pension.

(2) In place of the operating pension which has been left out in accordance with section 148i (1) first sentence and (2), except in the case of an operating pension which has been further granted after a severance payment in accordance with paragraph 1, a severance of the value of the operating pension shall be payable on the basis of the corresponding capital. In the case of an open-ended pension for a previously fixed-term pension, the company pension is to be found at the time of the month following the unpaid recognition of the pension, the determination of the severance capital being determined by the Pension amount at the time of the first-time period, whether temporary or temporary. in the case of a subsequent overall pension at the time of the formation of the same.

(3) The severance capital shall be calculated in accordance with actuarial principles. This is regulated by the Federal Minister for Health and Women's Ordination. The Regulation shall require the approval of the Main Committee of the National Council. If the current pension is paid out beyond the closing date of the pension payment, the amount paid out is to be charged to the severance capital. "

10. The following sentence is added to § 148u (2):

" In addition, the insurance institution is authorized to provide personal data of the insured persons (insurance number, name and address) to the contractual partner exclusively for the purpose of assisting the persons responsible for the handling of the operations assistance operations shall be made available by electronic means. "

11. § 149g (1) (1), the following sentence reads:

" Under the condition that, after the end of a year after the entry of the insurance case, a reduction in the earning capacity of at least 30% is to be expected exclusively from this insurance case, the insurance institution has in the year between the occurrence of the insurance case and the seizance of the occupational pension, to the extent and as long as it is necessary to grant a subsistence allowance in the following cases: "

12. § 149g para. 1 Z 1 reads:

" 1.		To persons who carry out a country (forestry) economic operation on their own account and risk, provided that the entry of the insurance case is not due to the benefits of the accident insurance (§ § 148u, 148v, 148y) Income loss to a significant extent has resulted. "

13. § 149g (3) reads:

" (3) Instead of a period of payment as referred to in paragraph 1, a payment in the form of a daily allowance shall be made under the sole condition of a serious integrity to be expected after one year after the entry of the insurance case exclusively from this insurance case. a one-off payment. This deprivation allowance shall be 60% of the basis of assessment in accordance with Section 148f (1). "

14. § 149g (4) reads:

" (4) An income still available in accordance with Section 140 (3), with the exception of maintenance claims and income from the country or country, is based on the amount of money referred to in paragraph 1 above. Forestry. The calculation is made aliquot. In cases which are particularly worthy of consideration, the insurance institution may, by taking account of the family and income situation, completely or partially depart from an offsetting. "

15. The following paragraph 5 is added to § 149g:

"(5) The amount of the daily allowance shall be the same as the day on which the reduction in the earning capacity of the person referred to in paragraph 1 or 3 is available."

16. In the heading to § 149k, the term " " , Total Remuneration " .

17. In § 149k, the sales designation shall be deleted "(1)" Paragraph 2 shall be repealed.

18. In § 149l (1), the following sentence shall be inserted after the second sentence:

"The overall pension shall be based on the basis of assessment in accordance with Section 148f (1)."

19. The following paragraph 5 is added to § 149n:

"(5) In the event of continuing operations by the widow (the widower) or by orphans, § 148u shall apply, with the proviso that a partial sentence shall be due up to two years after the death."

20. In § 156, para. 1, the expression "§ 182 Z 2 lit. a" by the expression "§ 182 Z 3 lit. a" replaced.

21. § 182 Z 1 reads:

" 1.		the administrative authorities and the courts are obliged to comply with the request made by the insurance carrier in the course of the enforcement of this Federal Act in the context of their factual and local competence. In the same way, the insurance institution shall provide administrative and administrative assistance to the administrative authorities and the courts. "

22. The previous Z 1 to 5 of § 182 are given the name "2" to "6" .

23. § 277a (3) is repealed.

24. According to § 298, the following § 299 and heading is added:

" Final provisions on Art. 3 of the Federal Law BGBl. I No 71/2005 (30. Novelle)

Section 299. (1) It shall enter into force:

1.		with 1 July 2005 § § 7 para. 1 Z 5, 34 para. 4, 38 para. 7, 124a, 140 para. 4 lit. m, 148f para. 2 first sentence, 148i para. 3, 148j para. 1 to 3, 148u para. 2, 149g para. 1 introductory sentence and Z 1, para. 3 to 5, 149k including headline, 149l para. 1, 149n para. 5, 156 (1) and 182 Z 1 to 6 in the version of the Federal Law BGBl. I No 71/2005;
2.		Retroactive with 1. Jänner 2004 § 148i Abs. 4 in the version of the Federal Law BGBl. I No 71/2005.

(2) There shall be no force:

1.		with expiry of 30 June 2005 § 149k para. 2;
2.		Retroactive with the expiry of 31 December 2004 § 277a (3).

(3) A request for the option of a contribution basis option pursuant to section 23 (1a), which was filed before 1 April 2005, can be revoked by the operating person without giving reasons; if a number of persons are involved in the management of the company, only by joint declaration. The revocation shall be 1. January 2006 effective if the declaration is received by the insurance institution by 31 March 2007, otherwise the declaration is 1. Jänner 2007; declarations entering into force after 31 March 2008 are legally ineffective.

(4) § 148i (4) in the version of the Federal Law BGBl. I n ° 71/2005 applies only to insurance cases where the date of the retirement pension or the operational task is after 30 June 2005.

(5) Until the entry into force of the Regulation in accordance with Section 148j (3), the Regulation is BGBl. II No 245/1999. '

Article 4

Amendment of the Official Health and Accident Insurance Act (33. Novelle to B-KUVG)

The Civil And Accident Insurance Act, BGBl. No 200/1967, as last amended by the Federal Law BGBl. I No 179/2004, shall be amended as follows:

1. In § 1 (1) (Z) 17 lit. b sublit. cc is after the expression " Landescontractual lehrergesetz 1966, BGBl. Nr. 172, " the expression " or Land and forestry State Contract Teachers ' Act, BGBl. N ° 244/1969, " inserted.

2. In § 2 (1) the following Z 5 shall be inserted after Z 4:

" 5.		the persons referred to in Article 1 (1) (1) to (5), 8 to 11, 14a, 16, 17, 21 and 22 if their contribution basis or the sum of their contribution bases in accordance with § 19 would not exceed the amount referred to in Article 5 (2) (2) (2) of the ASVG; "

3. In § 2 para. 2, second sentence, the expression "This also applies to" by the expression " Likewise, § 1 sec. 1 Z 17 lit. b sublit. cc is not touched " replaced.

4. The following sentence is added to Article 5 (3):

"By way of derogation, the insurance shall commence on the date of departure of the exception in accordance with § 2 (1) Z 5 with the date of departure of this exceptional reason."

5. In § 6 (1) Z 5, the expression "Calendar month" by the expression "Calendar Day" and the expression "shall be disbursed" by the expression "due" replaced.

6. In accordance with Article 6 (4), the following paragraph 5 is added:

" (5) On the entry of the exception in accordance with § 2 (1) Z 5, the health insurance shall end with the end of the calendar month in which this exceptional reason has occurred. If the exception occurs on the first of a calendar month, health insurance ends with the end of the previous calendar month. "

7. According to § 7, the following § 7a with headline is inserted:

" Self-insurance

§ 7a. (1) Persons who are exempt from health insurance under this federal law pursuant to § 2 (1) (5) of the German Federal Law and are not covered by health insurance or pension insurance under this or any other federal law. may, as long as they have their domials, be self-insured upon request. However, excluded from this self-insurance are the persons referred to in § 56 (9) and (10) as well as persons who have a modest entitlement to an ongoing benefit from their own statutory pension insurance.

(2) Self-insurance shall cover:

1.		for the persons referred to in Article 1 (1) (1) (5), (17), (21) and (22) on sickness insurance under this Federal Act and on the pension insurance scheme in accordance with the provisions applicable to the pension insurance of self-insured persons in accordance with Article 19a of the ASVG;
2.		for all persons not mentioned in Z 1 for health insurance under this federal law.

(3) The self-insurance in the health insurance shall have the same legal effects as a compulsory insurance, unless otherwise specified below.

(4) Self-insurance begins

1.		when the application is made for the first time on the date of the beginning of the marginal employment, if the application is submitted within six weeks of that date,
2.		otherwise with the day following the application, in the case of termination of the self-insurance pursuant to section 5 Z 2 or 3, the self-insurance shall start at the earliest after the expiry of three calendar months after this termination.

(5) Self-insurance ends

1.		with the abolition of the conditions;
2.		with the day of the exit;
3.		if the contribution due has not been paid within two months of the end of the month for which it is to apply, with the end of the month for which a contribution was last paid. "

8. The following paragraphs 4 and 5 are added to § 8:

" (4) If a person received by the health insurance company in accordance with § 2 (1) (5) has credibly disclosed to the insurance institution that the sum of their contribution bases according to § 19 of several activities subject to insurance pursuant to this Federal Act the monthly average of the amount referred to in Article 5 (2) (2) of the ASVG is expected to exceed the monthly average, as from the date for which the contributions have been paid for the first time, a formal insurance scheme. Paragraphs 2 and 3 shall apply

(5) Paragraph 1 shall apply mutatily to the application of an allegedly insured person to self-insurance. The provisions of paragraphs 2 and 3 shall apply with the proviso that formal insurance shall end even if the person refuses to communicate it. "

9. The following paragraph 3 is added to § 17:

" (3) In accordance with § 7a of the self-insured persons, the insurance institution must notify all changes which are important for the insurance within one week. These reports are also effective in the area of pension insurance. "

Section 19 (6) reads as follows:

" (6) The contribution basis shall not exceed the maximum contribution basis. The monthly maximum contribution basis is 30 times the amount fixed in accordance with § 108 (3) of the ASVG. The resulting amount shall be made known by regulation. "

11. The last sentence is deleted in § 19 (7).

12. § 19 (8) reads:

"(8) Monthly contribution basis for the insured person in the sickness insurance according to § 7a Self-insured person is the amount according to § 5 paragraph 2 Z 2 ASVG."

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

" General monthly contribution basis for a minor activity

§ 19a. (1) In a calendar year, an insured person (s) shall also be engaged in a minor activity in accordance with § 2 (1) (5) (5). This shall constitute a basis for the annual contribution for the insured person. The annual contribution basis shall be the total remuneration, with the exception of the special payments, which is due in the calendar year in question from the small activity.

(2) In order to determine the general monthly contribution basis, the annual contribution basis referred to in paragraph 1 shall be divided by the number of months in which the minor activity has been carried out. The part of the annual contribution based on this division on a calendar month shall be considered as a general monthly contribution basis.

(3) The insured person (s) for the minor activity until 30 June of the calendar year following the year of the basic education of contributions pursuant to (1) and (2), the actual general monthly contribution bases for the , these shall be relevant for the determination of the full insurance obligation and for the assessment of the contributions. "

14. The following paragraph 3 is added to § 20:

" (3) The monthly contribution for self-insured persons according to § 7a is EUR 12.94 with regard to health insurance; § § 20a and 20c are not to be applied. The amount of this amount shall be replaced by 1. Jänner of each year of the amount multiplied according to § 108 (6) of the ASVG with the respective utilization number (§ 108a para. 1 ASVG). "

15. According to § 20c, the following § 20d with headline is inserted:

" Contributions to insured persons performing minor activities

§ 20d. (1) insured persons who also carry out one or more minor activities in accordance with § 1 shall have a flat-rate contribution in respect of these activities. For each calendar month, this flat rate contribution is 4.00% (general contribution 3.75% and additional contribution 0.25%) of the general contribution basis in accordance with § 19a.

(2) Contributions in accordance with paragraph 1 shall be required only as far as the sum of the general contribution bases from all activities in the calendar month does not exceed the maximum contribution basis. "

16. § 22 (5) is repealed.

17. The previous text of § 23 receives the sales designation "(1)" ; the following paragraph 2 is added:

" (2) Contributions pursuant to § 20d are to be paid within 14 days after the pre-written period. The provisions of paragraph 1 shall apply to contributions which are not paid in due time. "

18. In § 30a, after the expression "pursuant to § 58 (1), (4) and (6)," the expression "§ 78 (1) and (3) in each case second sentence and section 79 (2)," inserted.

19. In the title of the 3. Subsection to section II of the second part shall be given after the expression "insured persons in accordance with § 1 (1) (1) Z 17 to 19, 21 and 22" the expression "and the self-insured person pursuant to § 7a (2) (1) (1) with the exception of the persons referred to in § 1 (1) (1) (5)" .

20. The previous text of § 84 is given the sales designation "(1)"; the following paragraph 2 is added:

" (2) For self-insured persons according to § 7a paragraph 2 Z 1 with the exception of the persons mentioned in § 1 paragraph 1 (1) (5), paragraph 1 shall apply with the proviso that the amount according to sickness benefit according to § 141 (5) of the ASVG and the weekly allowance is due in accordance with § 162 para. 3a Z 1 ASVG.

21. According to § 212, the following § 213, together with the title, is added:

" Final provisions on Art. 4 of the Federal Law BGBl. I No 71/2005 (33. Novelle)

§ 213. (1) It shall enter into force:

1.		1. July 2005 of § 1 para. 1 Z 17 lit. b sublit. cc as well as the § § 2 para. 2 second sentence and 6 para. 1 Z 5 in the version of the Federal Law BGBl. I No 71/2005;
2.		with 1. § 2 (1) Z 5, § 5 (3), § 6 (5) and § § 7a with title, 8 para. 4 and 5, 17 para. 3, 19 para. 6 to 8, 19a with title, 20 para. 3, 20d with headline, 23 para. 1 and 2, 30a, the title of the 3. Subsection of Section II of the second part as well as Section 84 (1) and (2) in the version of the Federal Law BGBl. I No 71/2005.

(2) Section 22 (5) shall expire on 31 December 2005. "

Article 5

Amendment to the Service Procurement Act

The Official Procurement Act, BGBl. I n ° 28/2003, as last amended by the Federal Law BGBl. I n ° 142/2004, is amended as follows:

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

" (4) Paragraph 1 and 2 shall apply to employment relationships in accordance with § 1 (1) Z 5, 17, 21 and 22 of the Official Health and Accident Insurance Act (B-KUVG), BGBl. No 200/1967, in which the contribution basis in accordance with § 19 B-KUVG does not exceed the amount according to § 5 paragraph 2 Z 2 of the ASVG, with the proviso that the flat-rate levy is 16.15% of the sum of the monthly contribution bases according to § 19 (1) and § 21 B-KUVG "

2. § 3 reads:

" § 3. (1) 23.5% of the income from the service levy is used to finance the health insurance of the marginally employed persons and are paid by the earning sickness insurance institution to the compensation fund of the health insurance institutions (§ 447a ASVG); according to Article 26 (1) (4) of the ASVG, it is the responsibility of the Insurance Institution for Railways and Mining in the sickness insurance scheme, these income are directly from the Insurance Institution for Railways and Mining . 76.5% of the income from the service levy is used to finance the pension insurance scheme and is to be transferred to the pension insurance institution by the earning sickness insurance institution; this results in accordance with § 29 Z 2 lit. a ASVG the responsibility of the Insurance Institution for Railways and Mining in the Pension Insurance, these returns are to be withheld directly from the Insurance Institution for Railways and Mining.

(2) The service provider levy referred to in § 1 (4) shall be used to finance the health and pension insurance of the marginally employed persons in accordance with the B-KUVG and shall be subject to public service by the insurance institution. 22.3% of the proceeds shall remain in the insurance institution publicly and 77,7% of the income shall be transferred to the pension insurance institution. "

3. In § 4, after the expression "ASVG" the expression "and B-KUVG" inserted.

4. The following paragraphs 3 and 4 are added to § 6:

" (3) § 3 (1) in the version of the Federal Law BGBl. I n ° 71/2005 is retroactive with 1. Jänner 2005 in force.

(4) § § 1 para. 4, 3 para. 2 and § 4 in the version of the Federal Law BGBl. I n ° 71/2005 is 1. Jänner 2006 in force. "

Article 6

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 ° 156/2004, shall be amended as follows:

1. In § 51 (4), the term " "shall be withheld from the amount to be paid." by the expression " as well as the service fee (§ 31c para. 2 ASVG) must be withheld from the amount to be paid. The service charge shall be paid to the health insurance funds at the most up to the level of the service due for the month of November at the beginning of December. The main association has to provide the labour market service with all the data necessary for the collection of the service fee electronically until 20 November of a year. " replaced.

(2) The following paragraph 84 is added to § 79:

" (84) § 51 (4) in the version of the Federal Law BGBl. I n ° 71/2005 enters into force on 1 July 2005. "

Article 7

Amendment of the Labour Market Service Act

The Labour Market Service Act, BGBl. No. 313/1994, as last amended by the Federal Law BGBl. I n ° 136/2004, shall be amended as follows:

1. In § 32 (5), the term " "§ 9 of the Labour Market Promotion Act" by the expression "§ 2 of the Labour Market Promotion Act (AMFG)" and the expression § § § 10, 11, 13 and 14 of the Labour Market Promotion Act " by the expression "§ § 3 to 7 AMFG" replaced.

2. In § 35 (3), the term " "§ § 40 to 43 of the AlVG" by the expression § § 40 to 43 and 51 para. 4 AlVG " replaced.

(3) The following paragraph 18 is added to § 78:

" (18) § § 32 (5) and 35 (3) in the version of the Federal Law BGBl. I n ° 71/2005 enter into force on 1 July 2005. '

Fischer

Bowl