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Pension Harmonization Act

Original Language Title: Pensionsharmonisierungsgesetz

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142. Federal Law, which enacted a General Pensions Act and the General Social Insurance Act, the Industrial Social Security Act, the Federal Act on Social Security for self-employed workers, the Farmers-Social Security Act, the unemployment insurance law in 1977, the bridging aid law, the civil servants ' law in 1979, the salary law in 1956, the law on the law of law, the Landeslehrer-Dienstrechtsgesetz 1984, the country and Forestry State Teachers Service Law 1985, the Act of the Order of Contract 1948, the Pension Act 1965, the Federal Theatres Act, the Partial Pension Act, the Federal Railways Pension Act, the Federal Railways Act, the Law on the Law of the Federal Republic of Germany, the Federal Act of the Federal Republic of Germany, the Constitutional Court Act, 1953, The Family Law Balancing Act 1967 and the Service Procurement Act are amended (Pensionsharmonization Act)

The National Council has decided:

table of contents

Art. Subject matter

1 General Pensions Act

2 Amendment of the General Social Insurance Act

3 Amendment of the Industrial Social Insurance Act

4 Amendment of the Federal Act on the Social Security of self-employed self-employed workers

5 Amendment of the Farmers-Social Insurance Act

6 Amendment of the 1977 Unemployment Insurance Act

7 Amendment of the bridging aid law

8 Amendment of the Official Services Act 1979

9 Amendment of the salary law 1956

10 Amendment of the Judge Service Act

11 Amendment of the Landeslehrer-Dienstrechtsgesetz 1984

12 Amendment of the Land and Forest Law Teachers Service Law 1985

13 Amendment of the Contract Order Act 1948

14 Amendment of the Pension Act 1965

15 Amendment of the Federal Theatterpensionsgesetz

16 Amendment of the Part-Pensions Act

17 Amendment of the Bundesbahn-Pension Act

18 Amendment of the Federal Railways Act

19 Amendment of the Bezügegesetz

20 Amendment of the Federal Reference Act

21 Amendment of the Constitutional Court Act 1953

22 Amendment of the Family Law Compensatory Act 1967

23 Change of the Official Procurement Act

Article 1

General Pension Act (APG)

SECTION 1

General provisions

Scope

§ 1. (1) This federal law governates

1.

the pension account,

2.

the right to age lesion and the extent of the age-related pension,

3.

the extent of invalidity, disability and disability, and

4.

the extent of survivors ' pensions (severance pay)

for all in the pension insurance after the

-

General Social Security Act (ASVG), BGBl. No 189/1955,

-

Industrial Social Security Act (GSVG), BGBl. No 560/1978,

-

Federal Law on the Social Security of freelancers (FSVG), Federal Law Gazette (BGBl). No 624/1978,

-

Farmers-Social Security Act (BSVG), BGBl. No 559/1978,

Insured persons.

(2) Unless otherwise specified in this Federal Act, the provisions of the ASVG, GSVG, FSVG and BSVG shall be applied to the persons covered by paragraph 1.

(3) To persons who are before the 1. Jänner, born in 1955, is not applicable to this federal law, with the exception of § 4 (2) and (3) and § 9.

Citations

§ 2. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied, if nothing else, in the respectively applicable version.

Insurance periods

§ 3. (1) Insurance periods pursuant to this Federal Act are acquired after 31 December 2004

1.

Periods of compulsory insurance in the pension insurance scheme under the ASVG, GSVG, FSVG and BSVG as a result of employment,

2.

Periods of compulsory insurance in the pension insurance pursuant to § 8 para. 1 Z 2 lit. a to g ASVG, according to § 3 para. 3 GSVG, according to § 4a BSVG and according to Art. II Section 2a of the AlVG, for which the Federal Government, the Federal Ministry of Defence, the Labour Market Service or a public fund have to pay contributions,

3.

Periods of voluntary insurance in the pension insurance scheme according to the ASVG, GSVG, FSVG and BSVG.

(2) As periods of compulsory insurance pursuant to section 1 Z 1, periods of compulsory insurance pursuant to Section 225 (1) (4) to (7) of the ASVG, for which a transfer or credit amount has been paid, and periods of maintenance pursuant to § 506a ASVG, shall also apply.

SECTION 2

Benefits

Age pension entitlement

§ 4. ( 1) The insured person shall be entitled to an old-age pension after the completion of the 65. Life-year (standard retirement age) if at least 180 months of insurance are available under this Federal Act (§ 3), of which at least 84 have been acquired on the basis of a gainful employment (minimum insurance period) until the date of the reporting date (Section 223 (2) of the ASVG).

(2) By way of derogation from paragraph 1, the retirement pension may already be completed after the completion of the 62. (Corridorpension), if the insured person is

1.

has acquired at least 450 insurance months to be taken into account under this or any other federal law; and

2.

on the cut-off date (Section 223 (2) of the ASVG), neither a compulsory insurance in the pension insurance as a result of a gainful employment is still subject to a earned income, which is the monthly income considered in each case in accordance with Section 5 (2) of the ASVG exceeds.

(3) By way of derogation from paragraph 1, in the event of severe working hours, the retirement pension can be claimed prior to the attainment of the rule pensive age (heavy-duty employment), if the insured person is

1.

has acquired at least 540 insurance months under this or any other federal law, of which at least 180 months of work (par. 4), and

2.

on the cut-off date (Section 223 (2) of the ASVG), neither a compulsory insurance in the pension insurance as a result of a gainful employment is still subject to a earned income, which is the monthly income considered in each case in accordance with Section 5 (2) of the ASVG exceeds.

In doing so, the seizage salter is reduced by one month in each four heavy-duty months (paragraph 1). 4), however, it may be the date of completion of the 60. Do not fall below the age of the year.

(4) The Federal Minister for Social Security, Generations and Consumer Protection has to lay down, by means of a regulation, under which psychological or physically particularly incriminating working conditions heavy labour in a calendar month in the sense of this Federal law. In doing so, it has to consider a joint proposal by the legal professional interest groups of those working in accordance with the ASVG, GSVG, FSVG, and BSVG, to take care of the employees. The Regulation also contains provisions on the reporting of working hours. It requires the consent of the Federal Government.

(5) The following periods shall also apply to the fulfilment of the minimum insurance period referred to in paragraph 1 as insurance months which have been acquired on the basis of a professional activity:

1.

Periods of self-insurance according to § 18a ASVG;

2.

Periods of further insurance pursuant to § 17 ASVG for the persons referred to in § 77 (6) of the ASVG, periods of further insurance pursuant to § 12 GSVG for the persons referred to in § 33 (9) of the GSVG and periods of further insurance pursuant to § 9 BSVG for the persons referred to in Article 28 (6) of the BSVG;

3.

Times of family hospice carency according to § § 14a and 14b of the Labour Contract Law Adaptation Act, BGBl. No 459/1993, in accordance with Section 78d of the Official Services Act 1979 and in accordance with § 32 of the AlVG.

(6) The application of paragraph 2 (2) (2) and (3) (2) shall not be taken into consideration:

1.

compulsory insurance on the basis of an employment as a careerer in the sense of the "Hausanxigergesetz", if the remuneration obtained from this employment does not exceed the monthly income in each case eligible under Section 5 (2) of the ASVG;

2.

compulsory insurance in the pension insurance scheme in accordance with the BSVG if the unit value of the rural holding does not exceed € 2 400;

3.

compulsory insurance in the pension insurance scheme in accordance with Section 471g ASVG, despite the fact that the margin of de minimis has not been exceeded (§ 5 para. 2 ASVG);

4.

compulsory insurance in the pension insurance pursuant to § 2 (1) (4) of the GSVG despite the non-exceeding of the twelve-fold amount pursuant to section 5 (2) (2) of the ASVG for income pursuant to section 25 (1) of the GSVG (GSVG) from this activity, provided that: that both the taking up of gainful employment and the interruption or termination thereof are reported in good time (§ 18 GSVG);

5.

compulsory insurance for the period of the payment of a replacement for holiday pay pursuant to § 11 para. 2 second sentence ASVG.

Age-erosion, extent

§ 5. (1) The extent of the monthly gross performance results-without prejudice to a special increase in the amount according to § § 248 (1) of the ASVG, 141 (1) of the GSVG and 132 (1) of the BSVG-from the total credit (§ 11 (2) of the ASVG) as determined by the deadline (§ 223 (2) of the ASVG). Z 5) divided by 14.

(2) In the case of a retirement pension before the month-end after the attainment of the regular retirement age (§ § 4 (1) and (16) (5)), the value determined in accordance with paragraph 1 is reduced by 0.35% for each month of the former retirement pension. However, if it is a major job (Section 4 (3)), the reduction is 0.175% for each month of the former retirement pension, with this figure for twelve heavy-duty months, which exceed 180 hours of work of the year. in accordance with Asset 1 to this federal law by the twelfth part of 0.05 percentage points, up to the attainment of 480 heavy-duty months. If the date of the achievement of the rule-pensive age itself falls to one month's most, this day shall be considered as the month's sergeant in the sense of the first sentence.

(3) The reduction in the performance of a retirement pension before the regular retirement age may not exceed 15% of this benefit. If, in the event of the occurrence of the insurance case, there is a modest entitlement to a pension benefit from its own pension insurance, the reduction in accordance with paragraph 2 for this pension benefit shall also apply to the performance to which the pension is to be added.

(4) In the case of a pension after the first month after the achievement of the regular retirement age (§ § 4 (1) and 16 (5)), the value determined in accordance with paragraph 1 shall be increased by 0.35% for each month of the subsequent retirement pension, but not more than 12.6% of performance. The last sentence of paragraph 2 shall apply.

Invalidity, disability and invalidity pension, extent

§ 6. (1) If the invalidity or incapacity for invalidity or incapacity for work is completed after the completion of the 60. The extent of the performance shall be determined in accordance with § 5.

(2) In the event of invalidity or disability, the invalidity or invalidity of the invalidity or invalidity period shall be completed before the completion of the 60. In the case of a year of life, the following shall be determined:

1.

the performance referred to in § 5;

2.

the number of months from the date of the closing date (Section 223 (2) of the ASVG) to the end of the month after the completion of the 60. Year of life (rate of payment); the date of completion of the 60. In the first half of the year, this day shall be deemed to be the month's serener for the first half of the year.

The extent of the performance is the result of the performance according to Z 1 if the number of insurance months exceeds the value of 476 months, otherwise the increase in the performance according to Z 1 is greater than the sum of the insurance months and the rates of payment, which may not exceed the value of 476 months, divided by the number of insurance months.

(3) In the case of the application of paragraph 2, partial credits shall be those which shall be completed by the end of the calendar year of the completion of the 18. for the insured person only if this is more favourable for the insured person, and the insurance periods to be taken into account only if this is more favourable for the insured person.

Survivors ' pensions (severance pay), extent

§ 7. § § 264, 266 and 269 ASVG, § § 145, 147 and 148a GSVG as well as § § 136, 138 and 139a BSVG are to be applied in such a way that

1.

if, at the time of death, the insured person had not yet been entitled to a pension, for the purpose of determining the performance, the invalidity or occupational disability or invalidity pension according to § 6 and the retirement pension pursuant to § 5 of the shall be calculated;

2.

if the insured person is entitled to invalidity at the time of death, or
In the event of an invalidity or invalidity pension, and after which it has acquired additional insurance months of compulsory insurance, the benefit for each of these months-taking into account the second sentence of Article 6 (2) of the second sentence -by 0.25% at the rate of allocation;

3.

if, at the time of death, the insured person was entitled to a Corridorpension (Section 4 (2)) or to the Heavy Employment Contract (Section 4 (3)) and after which he has acquired further insurance months of compulsory insurance, the benefit under mutatis mutandis, the application of Section 9 (2) should be reestablished by the Office;

4.

the severance payment instead of six times the tax base six fourtenths and instead of three times the basis of assessment three fourtenths of that tax base, which would have been subject to an accident at work on the cut-off date (§ 223 para. 2 ASVG), .

Customization

§ 8. The corresponding provisions of the ASVG shall apply to the adjustment of the benefits under this Federal Act.

The path of the retirement pension

§ 9. ( 1) The Corridor Pension (Section 4 (2)) and the Gravity Employment (Section 4 (3)) fall within the period in which the performer performs a professional activity prior to the attainment of the rule-of-law age, which is a compulsory insurance in the Pension insurance is based on or from which it refers to a earned income which exceeds the monthly income in each case considered in accordance with Article 5 (2) of the ASVG. This does not apply to periods in which compulsory insurance is compulsory in accordance with § 4 (6) Z 1 to 4. As periods of employment within the meaning of the first sentence, periods of payment of a substitute benefit for holiday pay shall also apply.

(2) In the case of the achievement of the regular retirement age, the performance of the Office is to be determined anew and for each month in which the Corridor Pension (Section 4 (2)) has fallen away, by 0.55% and for each month in which the heavy-duty employment (Section 4 (3)) has fallen away, to increase the percentage according to Appendix 1 to this federal law.

SECTION 3

Pension Account

Account Management

§ 10. (1) The main association of Austrian social insurance institutions (§ 31 ASVG) has to set up a pension account for each person who falls within the scope of this federal law.

(2) Account management shall begin with the calendar year in which an insurance relationship is first established in the pension insurance scheme and ends at the end of that calendar year in which the date for the (premature) retirement or death of the pension insurance company is the subject of the the insured person. In the last year of account management, only insurance data are to be taken into account up to the date of the closing date or time of death. The pension account shall be updated annually in accordance with § § 11 and 12.

Account Contents

§ 11. For each calendar year of account management, the following data are to be recorded in accordance with the accounts:

1.

the respective contribution base sum for the contribution periods of compulsory insurance on the basis of employment, separately according to the ASVG, GSVG, FSVG and BSVG;

2.

the respective contribution base sum for periods of compulsory insurance in accordance with § 3 Z 2;

3.

the sum of contributions for contribution periods of voluntary insurance;

4.

the credit note acquired by the insured person in the calendar year concerned (partial credit in accordance with Article 12 (1));

5.

the credit received by the insured person from the initial entry into the insurance scheme up to the end of the calendar year in question (total credit in accordance with section 12 (3));

6.

the contributions to be taken into account for the insured person in respect of the calendar year in question on the basis of the insurance referred to in Z 1 to 3 (partial contributions);

7.

from 1. January 2005 until the end of the calendar year in question for the insured person to take into account contributions on the basis of the insurance referred to in Z 1 to 3 (total contributions), for whose determination § 12 (3) applies mutaficly.

Determination of the part and total credit

§ 12. (1) The partial credit of a calendar year shall be determined from the multiplication of the sum of the contribution bases in accordance with § 11 Z 1 to 3 with the respective account percentage rate valid for the calendar year in question. If the sum of the contribution bases in accordance with § 11 Z 1 to 3 exceeds 4,20 times the daily maximum contribution basis (the annual maximum contribution basis) of the calendar year concerned, the partial credit shall be multiplied by the multiplication of the To determine the annual maximum contribution basis with the respective valid account base rate. Contribution refunds according to § 70 ASVG, according to § 127b of the GSVG and according to § 118b of the BSVG are to be taken into consideration. Section 15 (2) shall apply.

(2) The rate of account shall be 1.78% from 2005 onwards. The account rates for calendar years before 2005 are in the Investment 2 to this federal law.

(3) The total credit of a calendar year shall be calculated from the sum of the following credits:

1.

the partial credit of the calendar year concerned;

2.

the total credit of the calendar year preceding the calendar year in question, which is to be multiplied by the rate of appreciation (Section 108a of the ASVG) of the calendar year following the calendar year in question; the rate of recovery for calendar years before the year 2005, Appendix 2 to this federal law is laid down. In the calendar year in which the closing date falls, no appreciation of the total credit of the previous calendar year has to be made.

Contometry

§ 13. (1) At the request of the insured person, the competent pension insurance institution shall, for the first time in 2007, notify the following information, from the data collected in each calendar year (provisional) in each case, without obligation:

1.

the contribution bases for the calendar year concerned;

2.

the contributions paid by and for the insured person in respect of the calendar year concerned;

3.

the part-credit acquired during the calendar year concerned;

4.

the total credit acquired up to the end of the calendar year concerned.

(2) The Kontomitdivide is to be provided with automatic support as far as possible. In addition, in accordance with the technical requirements, it must be provided that the system of accounts can also be viewed in the form of automation support.

(3) It is subsequently found that the data contained in the Kontomitteilung were incorrect, so that the data should be put right immediately and the insured person should be informed about it.

Transfer of credits for children's education

§ 14. (1) Not according to § 8 (1) Z 2 lit. g ASVG or according to § 3 paragraph 3 Z 4 GSVG or § 4a Z 4 BSVG insured parent may, on application up to 50% of its partial credit according to § 11 Z 4, insofar as this is based on a paid employment, on the pension account of the according to § 8 paragraph 1 Z 2 lit. g ASVG or according to § 3 paragraph 3 Z 4 GSVG or to § 4a Z 4 BSVG of insured parent. The transfer is only permitted if none of the parents are entitled to a pension from their own pension insurance.

(2) Only partial credits can be transferred for those calendar years in which a compulsory insurance according to § 8 paragraph 1 Z 2 lit. g ASVG or according to § 3 paragraph 3 Z 4 GSVG or according to § 4a Z 4 BSVG. The maximum annual contribution basis must not be exceeded.

(3) The transfer of the partial credit shall be at the latest until the completion of the 7. To apply for a child's life in the case of the pension insurance institution to which the person applying for the pension is a performer. The application must be based on an agreement of the parents (stepparents, electors, foster parents) on the transfer. A revocation of the transfer is inadmissible.

SECTION 4

Parallel invoice

§ 15. (1) For persons born after 31 December 1954 and having acquired at least one month of insurance in accordance with the ASVG, GSVG, FSVG or BSVG until 31 December 2004, the monthly pension benefits shall be excluded, except in the case of: In accordance with § § 248 (1) of the ASVG, 141 (1) of the GSVG and 132 (1) of the BSVG, the amount of the increase is calculated as follows:

1.

As of the reporting date (Section 223 (2) of the ASVG), the following must be determined:

a)

both a pension under this federal law (APG pension) as well as a pension according to the ASVG, GSVG, FSVG and BSVG (old board) and

b)

both the insurance periods from 1. January 2005 according to this Federal Act (APG insurance months) as well as the insurance periods up to 31 December 2004 according to ASVG, GSVG, FSVG and BSVG (old insurance months) as well as their total (total insurance months).

2.

Two sub-pensions are to be determined:

a)

Part-board 1 results from the multiplication of the APG-Pension with the number of APG insurance months, divided by the total insurance monates;

b)

Part-board 2 is the result of the multiplication of the old pension with the number of old insurance months, divided by the total insurance months.

3.

The sum of the partial pensions 1 and 2 results in the monthly pension benefit.

(2) In the calculation of the APG-Pension

1.

Replacement times according to § 227 (1) Z 3, 5 to 8 and 10 ASVG (§ 116 para. 1 Z 1, 3 and 6 GSVG, § 107 para. 1 Z 1, 3 and 5 BSVG) as well as in accordance with § 227a ASVG (§ 116a GSVG, § 107a BSVG) as the corresponding insurance periods are due to a Compulsory insurance in accordance with § 8 paragraph 1 Z 2 lit. a to g ASVG (§ 3 para. 3 GSVG, § 4a BSVG), and that is as follows:

a)

the contribution basis is based in principle according to § 44 (1) Z 12 to 18 ASVG (§ 26a GSVG, § 23a BSVG);

b)

The amount of € 1 350 shall be replaced by the amount of € 1 350, depending on the time of storage of the replacement time in Appendix 2, to replace the amount of € 1 350 which is to be used as a contribution basis for the presence and training service of the service provider. the amount set out in this Federal Act;

c)

The basis of contribution for replacement periods pursuant to § 227 (1) Z 3 and 6 ASVG shall be the basis of the daily contribution, increased by one-sixth of its amount (Section 242 (2) (1) of the ASVG) of the contribution year in which the start of the reference period falls; cannot be held for this year The daily contribution basis of the previous year shall be determined; however, if the person referred to in Article 227 (1) (5) is in receipt of a sickness benefit, the following shall apply, in accordance with the respective performance, lit. d sublit. aa to sublit. dd;

d)

as a contribution basis in accordance with § 227 (1) Z 5 ASVG

aa)

in the case of unemployment benefit or bridging allowance or transitional allowance or training allowance pursuant to Article 26a of the AlVG for periods before the year 2005, 70% of the daily contribution basis increased by one sixth of its amount (Section 242 (2) (1) of the ASVG) of the last before the reference year; if a contribution basis cannot be established before the reference, the basis of contribution of the year in which the commencement of the reference shall be determined shall be the determining factor;

bb)

in the case of emergency assistance or extended bridging assistance for periods before 1996, 100% of the value after lit. aa;

cc)

in the case of emergency assistance or extended bridging assistance for the period from 1996 to 2004, 92% of the value after lit. aa;

dd)

in the case of aid to cover the life of the period prior to 2005, 100% of the value of lit. aa;

2.

Replacement times are treated in accordance with Section 227 (1) (9) of the ASVG as periods of compulsory insurance, and the basis of contribution shall be the actual contribution basis;

3.

The contribution basis for the replacement periods in accordance with § 229b ASVG (§ 116c GSVG, § 107c BSVG) as contribution periods of voluntary insurance according to § 227 paragraph 1 Z 1 ASVG (§ 116 para. 7 GSVG, § 107 (7) BSVG) of the partial credit of that A calendar year for which contributions have been paid in accordance with Section 227 (3) and (4) of the ASVG (Section 116 (9) and (10) of the GSVG, Section 107 (9) and (10) of the BSVG); the assessment of these contribution bases results from Appendix 2 to this Federal Act;

4.

the contribution basis for periods of compulsory insurance shall be based on the payment of partial remuneration from the basis of the daily contribution, increased by one-sixth of its amount (Article 242 (2) (1) of the ASVG) of the contribution year, which is the beginning of the reference period, ; if no daily contribution basis is established for this year, the daily contribution basis of the previous year shall be determined;

5.

the contribution basis for contribution periods of compulsory insurance will be before 1. From the actual basis of contributions in 1972, it is not possible to determine the contribution, the Investment 3 the amount determined in accordance with this Federal Act, which is to be devalued accordingly, as a basis for contributions;

6.

the bases of contribution for the periods referred to in Article 107 (1) (1) (1), in conjunction with paragraphs 4 and 5 of the BSVG, shall be made up of the dismissed contribution bases for the first three years after the year 1972;

7.

The contribution basis for periods pursuant to section 116 (1) (1) of the GSVG shall be made up of the income received in the income tax decision; if this cannot be done, Z 6 shall apply mutagentily; the basis of contribution may be used by the respective authorities. the minimum contribution basis shall not fall below and shall not exceed the respective maximum contribution basis;

8.

the contribution bases for periods pursuant to § 239 GSVG and Article 20 of the FSVG shall be made up of the contribution bases in force for 1979, which are to be devalued accordingly;

9.

the basis of contribution for periods of time in accordance with Art. VII of the 32. Novelle to the ASVG, BGBl. No. 704/1976, and for periods of time by type. VII of the 33. Novelle to the ASVG, BGBl. N ° 684/1978, constituted the basis of the contribution bases applicable to 1977, which are to be correspondingly reduced or reduced ( Investment 4 on this federal law);

10.

Neutral periods of sickness benefit (Section 234 (1) (5) of the ASVG) and of the payment of money due to unemployment (§ 234 para. 1 Z 6 lit. a ASVG), in so far as these do not coincide with replacement periods pursuant to § 227 (1) Z 5 and 6 ASVG, such as insurance periods on the basis of compulsory insurance pursuant to § 8 paragraph 1 Z 2 lit. b and c ASVG, with the contribution base after Z 1 lit. c).

(3) In the calculation of the old pension insurance periods are due to a compulsory insurance pursuant to § 8 para. 1 Z 2 lit. a to g ASVG, according to § 3 para. 3 GSVG and according to § 4a BSVG, as the equivalent replacement times according to § § 227 and 227a ASVG, according to § § 116 and 116a GSVG and according to § § 107 and 107a BSVG.

(4) A person referred to in paragraph 1 of this Article, who according to § 607 (10) of the ASVG (§ 298 (10) of the GSVG, § 287 (10) BSVG) does not have an early retirement age until after completion of the 62. In the case of the calculation of the old pension, the reduction of the performance must be carried out as follows:

1.

for each month, which lies between the seizage salter according to § 607 (10) of the ASVG (§ GSVG, § 287 para. 10 BSVG) and the regular pensive age, the performance is in connection with § 261 (4) of the ASVG (§ 139 (4) of the Federal SVG Act, § 130 (4) of the BSVG) in conjunction with § 607 23 ASVG (Section 298 (18) of the GSVG, Section 287 (18) of the BSVG) to be reduced;

2.

for each month, which is between the retirement pension and the seizage salter according to § 607 para. 10 ASVG (§ 298 para. 10 GSVG, § 287 para. 10 BSVG), the performance is to be reduced by 0.35%.

(5) The parallel calculation shall be omitted if:

1.

the share of the APG insurance months in the total insurance months, or

2.

the share of old insurance months in the total insurance months

is less than 5% or less than 12 months of insurance. In the case of Z 1, the performance is to be calculated exclusively according to the ASVG, GSVG, FSVG and BSVG, in the case of Z 2 exclusively according to this federal law.

(6) In the event of a premature retirement pension for long periods of insurance under the ASVG, GSVG and BSVG (including an early retirement pension pursuant to § 607 (12) of the ASVG, § 298 (12) of the GSVG and § 287 (12) of the BSVG), the latter shall be deemed to have been Old-board and APG-Pension according to § 5 to be calculated if the parallel invoice is to be applied. The omission of the monthly pension performance as determined in accordance with paragraph 1 Z 3 as well as an increase in the performance after the achievement of the regular retirement age are governed exclusively by § 9 of this Federal Law.

(7) In the case of the use of a heavy-duty employment pursuant to § 4 (3), this pension shall be calculated as an APG-Pension in accordance with § 5 and the invalidity or disability pension according to the ASVG or GSVG or BSVG as an old-board pension, if the parallel calculation is to be applied. The omission of the monthly pension performance as determined in accordance with paragraph 1 Z 3 as well as an increase in the performance after the achievement of the regular retirement age are governed exclusively by § 9 of this Federal Law.

SECTION 5

In-force pedals and transitional provisions

§ 16. (1) This federal law shall, unless otherwise specified in the following, enter into force 1. Jänner 2005 in force.

(2) Section 4 (3) shall enter into force 1. Jänner 2007 in force.

(3) For persons born after 31 December 1954 and having acquired at least one month of insurance according to the ASVG, GSVG, FSVG or BSVG until the end of 31 December 2004, the conditions for the determination of the conditions for entitlement to the claim shall apply. The provisions of the ASVG, GSVG, FSVG and BSVG as well as the provisions of the ASVG, GSVG, FSVG and BSVG, provided that this is more favourable to the insured person, is also provided for in the

(3a) For the fulfilment of the minimum insurance period in accordance with § 4 (1), the insurance months also include replacement periods of the child's education according to § § 227a ASVG, 116a GSVG and 107a BSVG, which are prior to the 1. Jänner 2005.

(3b) For the purpose of fulfilling the minimum insurance period laid down in § 4 (1), the periods of insurance in employment shall also be the periods of self-insurance, further insurance and family-related hospices referred to in Article 4 (5) of this Directive, which shall apply before the end of the period of insurance. the 1. Jänner 2005.

(4) For persons who are prior to the 1. Born in January 1955 and claiming a Corridor pension (§ 4 para. 2), the reduction of the performance is to be carried out in accordance with Section 15 (4) (1) and (2) if it is an early retirement pension pursuant to Section 607 (10) of the ASVG (§ 298 para. 10 GSVG, § 287, para. 10). BSVG) only after completion of the 62. be able to take a life year.

(5) For persons who are before the 1. Jänner, born in 1955 and claiming a high level of employment (§ 4 para. 3), has to calculate the performance in accordance with the provisions for invalidity or occupational disability or disability pension in accordance with the ASVG or GSVG or BSVG , § 9 of this Federal Act applies to the omission of the performance thus determined and to an increase in the performance after the control retirement age has been reached.

(6) By way of derogation from § 4 (1), the case age for female insured persons shall be determined by the 60. Life year before 1. January 2024, according to § 253 (1) of the ASVG (§ 130 (1) GSVG, § 121 (1) BSVG); for female insured persons, who are the 60. Year of life on or after 1. Jänner 2024, the seizage salter is determined in accordance with § 3 of the Federal Constitutional Law on different age limits of male and female social insurance companies, BGBl. No. 832/1992.

(7) The value of 476 months referred to in § 6 (2), last sentence, is reduced according to Investment 5 to this federal law, if the reduction in the performance on the basis of the retirement pension before the regular retirement age is less than 15%, so that the value in the case of a reduction of 0% is 404 months; the value thus determined is integer to round.

(8) The first-time account division according to § 13 to an insured person shall contain all partial credits acquired up to the date of this notice and the total credit acquired up to that date, taking into account the provisions of § 10 (2).

Appendix 1

Appendix 2

Appendix 3

Monthly contribution bases for 1972 (without special payment)

Appendix 4

Year

Subsequent purchase of insurance periods by type. VII of the 32. Novelle to ASVG

Year

Subsequent purchase of insurance periods for periods of child rearing

Men

Women

Women

in €

in €

in €

1960

92.61

64.83

1960

64.83

1961

96.50

67.55

1961

67.55

1962

103.35

72.34

1962

72.34

1963

115,13

80.59

1963

80.59

1964

122.84

85.99

1964

85.99

1965

129.84

90.89

1965

90.89

1966

141,14

98.80

1966

98.80

1967

160.48

112.34

1967

112.34

1968

176.04

123,23

1968

123,23

1969

191,53

134.08

1969

134.08

1970

203.98

142.79

1970

142.79

1971

216,02

151.22

1971

151.22

1972

234.60

164,22

1972

164,22

1973

262,98

184.09

1973

184.09

1974

294.80

206.37

1974

206.37

1975

330,18

231.13

1975

231.13

1976

373,44

261,41

1976

261,41

Nominal value 1977:

1977

290.69

415.26

290.69

1978

318.89

Appendix 5

On § 16 (7) APG

Article 2

Amendment of the General Social Security Act (62). Novelle to the ASVG)

The General Social Security Act, BGBl. No. 189/1955, as last amended by the Federal Law BGBl. I No 106/2004, shall be amended as follows:

1. In accordance with § 2, the following § 2a together with the heading is inserted:

" Scope of pension insurance benefits

§ 2a. (1) For persons who are insured for the first time after 31 December 2004 in the pension insurance scheme under this or another federal law, the fourth part is to be applied only as far as the General Pension Act (APG), BGBl. I n ° 142/2004, nothing else.

(2) Persons born after 31 December 1954 and acquired by the end of 31 December 2004 at least one month of insurance under this or another federal law shall be subject to the provisions of the Fourth and Tenth Part only to apply as far as the APG determines nothing else. "

2. The last sentence of § 5 (2) of the last sentence "§ 108 (9)" by the expression "§ 108 (6)" replaced.

Section 8 (1) Z 2 reads as follows:

" 2.

in pension insurance

a)

persons who receive weekly allowances or who are entitled to a weekly allowance;

b)

Persons receiving a cash benefit under the 1977 Unemployment Insurance Act (AlVG), BGBl. No. 609, according to the Special Support Act (SUG), BGBl. No 642/1973, or in accordance with the Bridging Aid Act (ÜHG), BGBl. No 174/1963, or aid to cover the life of the person under the Labour Market Service Act (AMSG), Federal Law Gazette (BGBl). No 313/1994, if they are not insured under Section 4 (1) (8) of the Financial Regulation, or do not receive emergency assistance or extended bridging aid solely on account of the income of the partner or of the partner, or the Entitlement to unemployment benefit exclusively in accordance with § 16 (1) (lit). l AlVG rests;

c)

the recipients of sickness benefit;

d)

Persons according to the Wehrgesetz 2001

aa)

providing a presence or training service;

bb)

provide a temporary service as a temporary soldier with a commitment period of at least one year;

if they were last insured under this federal law or were not subject to pension insurance and are not covered by the Z 5;

e)

Persons who, pursuant to the Civil Service Act, provide ordinary or extraordinary civil service or a foreign service pursuant to Section 12b of the Civil Service Act, if they last insured under this Federal Act or not yet pension insurance;

f)

persons receiving transitional allowance under this Federal Act, if they are not insured under Section 4 (1) (8) of the German Federal Law;

g)

Persons who have their children (§ 227a (2)) in the first 48 calendar months after birth or, in the case of a multiple birth, their children in the first 60 calendar months after the birth in fact and predominantly within the meaning of § 227a (4) to (7) in Germany , if they were last subject to pension insurance or non-pension insurance under this Federal Act;

h)

The scientific (artistic) employees (in training) according to § 6 of the Federal Law on the retribution of scientific and artistic activities at universities and universities of the arts, BGBl. No 463/1974; '

4. In § 10 (5), first sentence, the term " "Z 2," .

5. According to Article 10 (6a), the following paragraph 6b is inserted:

" (6b) Pension insurance begins pursuant to § 8 (1) (2) (2)

1.

at the in lit. a mentioned persons with the day from which the weekly allowance is received;

2.

at the in lit. (b) persons mentioned with the day from which the money is received or the emergency aid is not related solely on account of the income of the partner's partner;

3.

at the in lit. (c) persons mentioned with the day from which sickness benefit is obtained;

4.

at the in lit. (d) persons with the date on which the presence or training service is to take place;

5.

at the in lit. (e) persons mentioned with the date on which the civil service or international service is to be employed;

6.

at the in lit. (f) persons mentioned with the date from which the transitional allowance is received;

7.

at the in lit. g persons mentioned

a)

with the calendar month following the birth of the child,

b)

with the calendar month in which the adoption of the child takes place or the taking-over of free care takes place;

8.

at the in lit. h mentioned persons with the entry of the offence which forms the basis of the insurance. "

6. In the last sentence of § 11 (2), the term " " , 51a " .

7. In accordance with Article 12 (5a), the following paragraph 5b is inserted:

" (5b) The pension insurance of the persons referred to in § 10 para. 6b ends with the omission of the operative event for the insurance, whereby the pension insurance according to § 8 paragraph 1 Z 2 lit. e in any case ends after 14 months of the foreign service and the end of the pension insurance according to § 8 para. 1 Z 2 lit. g in accordance with the provisions of section 227a (3). "

8. In § 12 (6), after the expression "People" the expression "and with the exception of pension insurance in accordance with § 8 para. 1 Z 2 lit. d" inserted.

9. The following sentence shall be added to § 13:

" The pension insurance of the workers also includes those according to § 8 paragraph 1 Z 2 lit. a to g insured persons who were last insured in this branch of the pension insurance scheme. "

10. In § 14 (1) Z 12, the expression "§ 8 para. 1 Z 2" by the expression "§ 8 para. 1 Z 2 lit. h" replaced.

11. The following paragraph 5 is added to § 14:

" (5) The pension insurance of the employees also includes those according to § 8 paragraph 1 Z 2 lit. a to g insured persons who were last insured in this branch of the pension insurance scheme or who have not previously been insured under the pension insurance scheme. "

12. The following paragraph 5 is added to § 15:

" (5) The crunic pension insurance also includes those according to § 8 paragraph 1 Z 2 lit. a to g insured persons who were last insured in this branch of the pension insurance scheme. "

13. § 18 together with the title is:

" Retrospective self-insurance in the pension insurance for periods of visit of a
Educational institution

§ 18. (1) Persons who have attended an educational institution referred to in § 227 (1) (1) (1) may subsequently be eligible for all or individual months of the visit to an insurance institution in which at least one month of insurance has been acquired. Education institution self-insure upon application in the pension insurance scheme.

(2) The application for self-insurance may be filed until the deadline (section 223 (2)). If the right to self-insurance is determined only after the date of the closing date in a procedure initiated before the date of the closing date, the contributions to the self-insurance may also be effectively paid after the date of the deadline.

(3) The duration of the self-insurance may not exceed the maximum limits specified in section 227 (1) (1) (1) for taking into consideration as replacement times. "

14. In § 18a (1), first sentence and subsection 3 Z 3, the expression " 30. Life Year " in each case by the expression " 40. Life Year " replaced.

15. The following sentence shall be added to section 21 (1):

" This does not apply to cases of supposed sub-insurance in the pension insurance according to § 8 paragraph 1 Z 2 lit. a to g. "

15a. In § 31 (3) Z 9, after the expression "§ 460c." the following sentence is inserted:

" In these Directives or Collective contracts shall be fixed an additional contribution to the security contribution in accordance with § 460c; in determining the amount of this additional contribution, consideration shall be given to the amount of the additional contribution.

a)

§ 13a of the Pension Act 1965;

b)

to the contribution rates for the pension pension in the last six months before the date of the closing date for the pension or survivor's pension, or for the personal pension from which the survivor's pension is derived, if the relevant date before the end of the day before the date of the the 1. In this period, January 2005 is the right to a monthly reference which exceeded the monthly maximum contribution basis in force at that time.

16. In § 31 (4), the point at the end of Z 7 is replaced by a stroke; the following Z 8 and 9 are added:

" 8.

the establishment and management of the pension account in accordance with Section 3 of the APG;

9.

the participation in the implementation of the pension insurance in accordance with § 8 paragraph 1 Z 2 lit. a to g ASVG, according to § 3 para. 3 GSVG, according to § 4a BSVG and according to Art. II Section 2a of the AlVG, for which the Federal Government, the Labour Market Service or a public fund has to pay contributions; the Main Association may, for administrative simplification, conclude agreements with the Labour Market Service on the implementation of the reports and the These agreements shall be subject to the agreement of the Federal Minister for Social Security, Generations and Consumer Protection in agreement with the Federal Minister for Economic Affairs and Labour. "

17. In § 36 (1) Z 10, the expression "Z 2" by the expression "Z 2 lit. h" replaced.

18. In § 36 (1), the point at the end of Z 10 is replaced by a stroke; the following Z 11 to 17 are added:

" 11.

for which according to § 8 paragraph 1 Z 2 lit. a pflichtversicherten Wochengeld-claimant to the health insurance institution;

12.

for which according to § 8 paragraph 1 Z 2 lit. b persons insured under the labour market service;

13.

for which according to § 8 paragraph 1 Z 2 lit. c) insured persons receiving sickness benefit from the sickness insurance institution;

14.

for which according to § 8 paragraph 1 Z 2 lit. The Federal Ministry of Defence of the State shall be responsible for the presence of a presence or training service;

15.

for which according to § 8 paragraph 1 Z 2 lit. (e) the Federal Ministry of the Interior with the duty of providing civil or foreign service providers;

16.

for which according to § 8 paragraph 1 Z 2 lit. (f) insured persons receiving transitional allowance from the accident insurance or pension insurance institution;

17.

for which according to § 8 paragraph 1 Z 2 lit. g of the insured person who is insured with the health insurance institution. "

19. In § 44 (1) Z 11, the expression "Z 2" by the expression "Z 2 lit. h" , and replace the point at the end with a line point, the following points Z 12 to 18 shall be added:

" 12.

in accordance with § 8 (1) Z 2 lit. a pflichtversicherten Wochengeld-claimant is the thirtieth day of the weekly allowance;

13.

in accordance with § 8 (1) Z 2 lit. b pflicht-insured recipients of a cash benefit and persons who cannot obtain the emergency assistance or extended bridging assistance from the year 2005 solely on account of the income of the partner/partner in the event of an increase in the income of the partner

a)

in the case of unemployment benefit or bridging allowance or transitional allowance or training allowance for each day of benefit, one-thirtieth of 70% of the tax base in accordance with § 21 of the AlVG;

b)

in the case of emergency assistance or extended bridging assistance, as well as in the case of non-reference to emergency assistance or extended bridging assistance, only 92% of the value according to lit. a, because of the income of the partner/partner,

c)

in the event of the claim for unemployment benefit or bridging assistance or emergency assistance or extended bridging assistance for periods of entitlement to holiday compensation in accordance with § 16 para. 1 lit. l AlVG, in which there is no compulsory insurance in the social security system, 70% of the average monthly salary (§ 49), determined from the last annual contribution basis, which is before the rest;

d)

in the case of special assistance under the Special Support Act or aid to cover the life of the person concerned, this amount of money;

14.

in accordance with § 8 (1) Z 2 lit. c) insured recipients of sickness benefit are thirty times the tax base in accordance with § 125 or-as far as the case of the health care of persons according to § 8 (1) Z 2 lit. b-for the respective performance after Z 13 lit. a to d ends,

15.

in accordance with § 8 (1) Z 2 lit. d sublit. aa pflichtversicherten presence or training service performers 1 350 €;

15a.

in accordance with § 8 (1) Z 2 lit. d sublit. bb pflichtversicherten time soldiers with a commitment period of at least one year 133% of the monthly salary, the grade of service, the monthly premium, the application remuneration, the remuneration and the training allowance and the recognition premium;

16.

in accordance with § 8 (1) Z 2 lit. 1 350 €; civil or foreign service providers;

17.

in accordance with § 8 (1) Z 2 lit. (f) the transitional allowance shall be paid to insured persons who are insured against the transitional allowance;

18.

in accordance with § 8 (1) Z 2 lit. g of the insured person € 1 350. "

20. In § 44 (6), second sentence, the expression "§ 108 (9)" by the expression "§ 108 (6)" replaced.

21. § 51 (1) Z 3 reads as follows:

" 3.

in pension insurance ....... 22.8%

the general contribution basis. "

22. § 51 (3) Z 2 reads:

" 2.

in the pension insurance scheme, the part of the contribution shall be

of the insured person (s) ...... to 10.25%,

of the employer .............. to 12.55%

the general contribution basis. "

23. § 51a together with headline reads:

" Additional contribution in the crunic pension insurance

§ 51a. (1) For persons who are compulsorly insured in the pension insurance scheme, an additional contribution to the extent of 5.5% of the general contribution basis shall be provided. The additional contribution is entirely attributable to the service provider.

(2) All legislation applicable to contributions to compulsory insurance in the pension insurance scheme shall, unless otherwise specified, apply to the additional contribution provided for in paragraph 1. "

Section 52 (4) reads as follows:

" (4) The contributions for partial insured persons in accordance with § 8 paragraph 1 Z 2 are to be measured at 22.8% of the contribution basis (§ 44 (1) Z 11 to 18). These contributions shall be borne

1.

for sub-insured persons in accordance with § 8 paragraph 1 Z 2 lit. a, c, d sublit. aa and lit. e and f from the covenant;

2.

for partial insured persons in accordance with § 8 paragraph 1 Z 2 lit. b from the Labour Market Service;

2a.

for partial insured persons in accordance with § 8 paragraph 1 Z 2 lit. d sublit. bb from funds of the Federal Ministry for National Defence;

3.

for partial insured persons in accordance with § 8 paragraph 1 Z 2 lit. 75% of funds from the Family Pension Equalization Fund and 25% from federal funds;

4.

for partial insured persons in accordance with § 8 paragraph 1 Z 2 lit. h as in § 51 (3) (2) (2), whereby the university (University of the Arts) of which the insured person is a member shall be deemed to be the service provider. "

25. § 53a (5) is repealed.

26. In § 54 (5) the term " "§ 51a and" .

27. In § 56a (2), second sentence, the expression "§ 108 (9)" by the expression "§ 108 (6)" replaced.

28. § 63a is repealed.

29. In the title to § 70, the term " "Credit for the higher insurance or" .

30. § 70 (1) to (3) are:

" (1) In a calendar year

1.

in the case of an employment which is based on compulsory insurance under this Federal Act, or

2.

, with simultaneous exercise of several occupations which are based on compulsory insurance under this Federal Act

the sum of all contribution bases of compulsory insurance, including the special payments, the sum of the monthly maximum contribution bases for the monthly contribution months of compulsory insurance as a result of employment, where covering months of contributions are to be counted only once, the insured person shall be entitled to the reimbursement of contributions in accordance with the provisions of paragraphs 2 and 3. The monthly maximum contribution basis is the 35x amount of the maximum contribution basis in accordance with § 45 (1).

(2) In the event of a benefit arising from the insurance cases of the age or of the reduced working capacity, the insured person shall be upgraded to the amount of contributions to be exceeded by the amount corresponding to the period of storage of such contributions. The recovery factor (§ 108 (4)) is to be reimbursed at half the amount of the official's office. However, if the APG is to be applied, only the exceeding amount shall be reimbursed in accordance with Section 12 (1), second sentence, APG.

(3) The contributions to the exceeding amount shall also be reimbursed on request before the performance of the performance referred to in paragraph 2. The application shall be submitted to one of the insurance institutions involved. The provisions of paragraph 2 shall apply mutaly to the reimbursement of contributions. "

31. In § 74 (1), second sentence, and para. 6, second sentence, the expression "§ 108 (9)" in each case by the expression "§ 108 (6)" replaced.

32. In § 76 (1) last sentence, the expression "§ 108 (9)" by the expression "§ 108 (6)" replaced.

33. In § 76a (3), second sentence, the expression "§ 108 (9)" by the expression "§ 108 (6)" replaced.

34. In § 76b (1), second sentence, and para. 4, second sentence, the expression: "§ 108 (9)" in each case by the expression "§ 108 (6)" replaced.

Article 76b (3) reads as follows:

" (3) The monthly contribution basis for self-insured persons according to § 18 shall be:

1.

for the periods of the visit of a university, an art academy or art college and the compulsory education required for the future completed higher education required in section 227 (1) (1) of this Directive to be twenty times,

2.

for the other periods referred to in § 227 (1) (1) (1) to 10 times

the maximum contribution basis in the pension insurance scheme in force at the time of the contribution payment (§ 45 (1)). In the case of payment of the contribution after the completion of the 40. The life year of the insured person shall multiply the contribution basis by a factor of 1.12, and shall be replaced by this factor after the completion of the 45. Life year of factor 1.34, after completion of the 50. Life year of factor 1.66, after completion of the 55. Life year of factor 2.22 and after completion of 60. Life year of factor 2.34. "

36. In § 77 (2), first sentence, the expression " the sum of the respective applicable contribution rates in accordance with § § 51 paragraph 1 Z 3 lit. a and 51a " by the expression "that according to § 51 para. 1 Z 3" replaced.

37. The second sentence of section 77 (2a) and (4) of the second sentence and the third sentence of the second sentence shall be "§ 108 (9)" in each case by the expression "§ 108 (6)" replaced.

38. In § 77 (6), first sentence, the expression § § 51 (3) Z 3 lit. a and 51a (1) " by the expression "§ 51 para. 3 Z 2" replaced.

39. § 79a together with headline reads:

" Measures for the sustainable financial sustainability of pension insurance

§ 79a. (1) The financing of statutory pension insurance is to be ensured through contributions of the insured, by contributions of the federal government, by contributions of the labour market service, as well as by contributions from funds.

(2) The Federal Minister for Social Security, Generations and Consumer Protection has the Federal Government on the basis of the Commission's reports and proposals on long-term pension insurance (Article 108e (9) (3) to (5)) of each third calendar year, for the first time in the calendar year 2007, until 30 November at the latest, to present a report on the long-term financing of pension insurance:

1.

If the Commission report notes a deviation from the assumptions regarding the period-related life expectancy and the resulting additional expenditure on the pension system (§ 108e (9) (4)), the Federal Minister for Social Affairs Security, Generations and Consumer Protection of the Federal Government Proposals to secure the sustainability of the financing. In this context, attention should be paid to a uniform distribution of the measures on the parameters "contribution rate", "account rate", "decay salter", "pension adjustment" and "federal contribution".

2.

If, in the Commission's report, a derogation is found in the other demographic and economic assumptions underlying the long-term scenarios (Article 108e (9) (5)), the Federal Minister for Social Security, Generations, and consumer protection measures to secure long-term financing. In this context, attention should be paid to a uniform distribution of the measures on the parameters "contribution rate", "account rate", "decay salter", "pension adjustment" and "federal contribution".

(3) The Federal Government shall, on the basis of the reports referred to in paragraph 2 above, submit to the National Council a "Report on the financial situation of the pension system and the measures to be taken to safeguard it".

40. In accordance with § 79a, the following § 79b and heading is inserted:

" Part-insurance, replacement-time and hiking insurance report

§ 79b. The Federal Minister for Social Security, Generations and Consumer Protection has every third calendar year, beginning with the calendar year 2006, in each case until 30 November, to submit a report to the Federal Government on

1.

the extent of the insurance periods acquired during the previous calendar year in accordance with § § 8 (1) Z 2 lit. a to g and 225 (1) (8) of this Federal Act, in accordance with Section 3 (3) of the GSVG, and in accordance with Section 4a of the BSVG, together with the underlying contribution benefits;

2.

the extent of the expenses of the pension insurance institutions for the calculation of the periods of insurance after Z 1 and the corresponding replacement periods for repurchase repurchase periods in the previous calendar year;

3.

the contribution and performance legal effects of the migration insurance pursuant to section 251a of this Federal Act, according to § 129 GSVG and § 120 BSVG. "

41. In § 80 (1), second sentence, the expressions are deleted " , the value compensation " and " , for value compensation " and shall be the expression " No 142/2001 " by the expression " No 142/2000 " replaced.

§ 108 reads as follows:

" § 108. (1) The Federal Minister for Social Security, Generations and Consumer Protection has a number of times per year for the following calendar year (paragraph 1). 2), a maximum contribution basis (par. 3), recovery factors (para. 4) and the fixed amounts according to this federal law (par. 6) to be identified and documented.

(2) The rate of appreciation: the rate of appreciation shall be based on the change in the average contribution basis in the statutory pension insurance from the third preceding calendar year, for the second preceding calendar year in each case. Unless otherwise specified in detail, the recovery number shall be used to increase the maximum contribution basis and the fixed amounts which are used to calculate the contribution.

(3) Maximum contribution basis: In 2005, the maximum contribution basis for the calendar day shall be 118 €, increased by the rate of recovery for this calendar year. For each subsequent calendar year, the maximum contribution basis is the multiplication of the final maximum contribution basis with the recovery number of the respective subsequent calendar year. The maximum contribution basis shall be rounded off to the full amount of the euro.

(4) Recovery factors: The recovery factors of a calendar year are calculated by multiplying the last-year adjustment factors with the adjustment factor of the previous year. They are to be rounded to three decimal places. The number of these recovery factors shall be the adjustment factor of the previous year as a recovery factor for the contribution bases of the second preceding calendar year. The recovery factors are to be used for the appreciation of the contribution bases used to form the basis of assessment.

(5) Adaptation factor: The Federal Minister for Social Security, Generations and Consumer Protection has to fix the adjustment factor (§ 108f) every year for the following calendar year by regulation no later than 30 November of each year. The regulation is to be submitted to the Federal Government for approval. The adjustment factor shall, in so far as nothing else is determined, be used for the purpose of increasing pensions and pensions and the fixed amounts in the social security scheme.

(6) Adjustment and upgrading of fixed amounts: the fixed amount in force on 31 December of the previous year shall be used to increase the number of fixed amounts or the adjustment factor; however, the fixed amount shall be 1. This amount shall be used to multiply this amount for a period of one year. The multiplied amount is to round to cents. "

43. In § 108a (1), second sentence, the expression "pursuant to para. 2, 3 and 4" by the expression "according to paragraph 2" replaced.

Article 108a (2) reads as follows:

" (2) In order to determine the average contribution basis for a calendar year, the contributions to the income statements of the pension insurance institutions under this Federal Act, the GSVG, the FSVG and the BSVG are the contributions for the compulsory insured, to use the rates of contribution and the number of persons who are insured in the pension scheme on average in the annual average. The monthly average contribution basis is to round to cents. "

44a. § 108a (3) and (4) shall be repealed.

45. § 108d is repealed.

(46) In § 108e (2), the point at the end of Z 14 is replaced by a stroke; the following Z 15 is added:

" 15.

A representative of Statistics Austria. "

47. § 108e (9) reads:

" (9) The Commission has the following tasks:

1.

Calculation of the indicative value in accordance with § 108f (2) for the following calendar year up to the 31. October of each year, for the first time in 2006;

2.

Repayment of an expert opinion on the probable provision of statutory pension insurance for the following five years, at the latest until 31. October of each year;

3.

Reimbursement of a report on the long-term development and financial viability of statutory pension insurance up to the year 2050, at the latest by 30 September of each third year, for the first time in 2007;

4.

Determination of any deviation of the average period-related life expectancy at age 65, adopted for the report after Z 3, for the entire period up to the year 2050, from the period of the period up to 2050 of the period covered by Annex 12 to this Federal Act. Reference life expecrate of the same period; if, for the period from which the first deviation is determined, a deviation of more than 3% on average by the year 2050 is found, the Commission shall have it up to 2050 the additional expenditure resulting from the report to Z 3, and the Commission Report proposals on how to divide this additional effort evenly through sustainable reform measures on the "Contribution rate", "Contoprocent", "Anfallsalter", "Pension Adjustment" and "Federal Contribution" parameters (sustainability factors), taking account of their different temporal modes of action;

5.

Determination of any deviations of the other demographic and economic assumptions made for the report according to Z 3 from those assumptions contained in Appendix 13 to this Federal Act, in particular with regard to the Factors of labour force participation and productivity. If there is a financial additional requirement due to the deviations observed, the Commission shall make proposals to ensure the financial viability of the statutory pension insurance, with Z 4 of the last half-sentence being applied. "

48. The following paragraph 11 is added to § 108e:

" (11) In determining the demographic and economic assumptions for the reimbursement of the opinion referred to in paragraph 9 Z 2 and of the report according to paragraph 9 Z 3, it is primarily the forecasts of Statistics Austria and of the economic research institutes. "

(49) § 108f reads:

" § 108f. (1) The Federal Minister for Social Security, Generations and Consumer Protection shall set the adjustment factor for each calendar year on the basis of the indicative value in accordance with § 108e (9) Z 1.

(2) The indicative value shall be fixed in such a way that the increase in pensions shall be based on the adjustment with the indicative value of the increase in the consumer prices referred to in paragraph 3. It is to be rounded to three decimal places.

(3) The increase in consumer prices shall be determined on the basis of the average increase in twelve calendar months until July of the year preceding the adjustment year, with the consumer price index 2000 or a Index is to be used. For this purpose, the arithmetic mean of the annual inflation rates published for the calculation period by Statistics Austria shall be formed. "

50. In § 122 (4), second sentence, the expression "§ 108 (9)" by the expression "§ 108 (6)" replaced.

51. In § 136 (3), second sentence, the expression "§ 108 (9)" by the expression "§ 108 (6)" replaced.

52. In § 141 (3), second sentence and paragraph 5, third sentence, the expression "§ 108 (9)" in each case by the expression "§ 108 (6)" replaced.

53. In § 154a (7), second sentence, the expression "§ 108 (9)" by the expression "§ 108 (6)" replaced.

54. In § 155 (3), second sentence, the expression "§ 108 (9)" by the expression "§ 108 (6)" replaced.

55. In § 162 (3a), second sentence, the expression "§ 108 (9)" by the expression "§ 108 (6)" replaced.

56. The second sentence of section 181 (1), second sentence, second sentence, and the second sentence of paragraph 6, the expression "§ 108 (9)" in each case by the expression "§ 108 (6)" replaced.

57. In § 181b second sentence, the expression "§ 108 (9)" by the expression "§ 108 (6)" replaced.

58. In § 212 (3), third sentence, the expression "§ 108 (9)" by the expression "§ 108 (6)" replaced.

59. In § 225 (1) Z 3, after the expression "shall apply," the expression "or on the basis of subsequent self-insurance pursuant to § 18" inserted.

60. The heading to § 227 reads:

" Spare time from the period after 31 December 1955 and before 1. Jänner 2005 "

(61) In § 227 (1), the introduction shall be based on the expression "31 December 1955" the expression " and before the 1. Jänner 2005 " inserted.

62. § 227 (1) Z 5, first half-sentence reads:

" in the branch of the pension insurance in which the last preceding contribution period is present, the periods during which the insured person, after 31 December 1970, is subject to unemployment insurance under the unemployment insurance scheme after 31 December 1970 Unemployment Insurance Act 1958, BGBl. No. 199, or according to the 1977 Unemployment Insurance Act, BGBl. No. 609, or bridging aid or expanded bridging aid under the bridging aid law, BGBl. No 174/1963, or special support under the Special Support Act, BGBl. 642/1973, lawfully referred to in the periods during which the entitlement to unemployment benefit is exclusively according to § 16 para. 1 lit. l AlVG has rested; "

63. The title to § 227a reads:

" Replacement times for periods of child-rearing from the period after 31 December 1955 and before 1. Jänner 2005 "

64. In § 227a (1), after the expression "31 December 1955" the expression " and before the 1. Jänner 2005 " inserted.

64a. The following sentence shall be added to Article 227a (1):

"In the case of a multiple birth, this period shall be extended to 60 calendar months."

64b. In § 227a (3), first sentence, after the expression "48-calendar month-deadline" each of the brackets "(60-calendar month-deadline)" inserted.

§ 227a (3) second sentence is deleted.

66. In § 230 (2), the point at the end of the lit. g replaced by a stroke; the following lit. h is added:

" h)

on contributions to be paid in accordance with Section 52 (4) of the Federal Government, the Labour Market Service or a public fund. "

67. In § 231 Z 1, third last sentence, the expression "Compulsory insurance contribution period" by the expression "Contribution period of compulsory insurance as a result of an employment" and the expression "spare time" by the expression " Replacement time and period of compulsory insurance in accordance with § 8 (1) Z 2 lit. a to g and in accordance with section 225 (1) Z 8 " replaced.

The first sentence of Article 232 (1) reads as follows:

" The individual month of insurance in accordance with § 231 Z 1 shall be deemed to be the contribution month of compulsory insurance on the basis of an employment, as a contribution month of voluntary insurance, as a replacement month, or as a month of compulsory insurance pursuant to § 8 (1) Z 2 lit. a to g and according to § 225 subsection 1 Z 8, depending on whether the contribution periods of compulsory insurance are due to an employment, contribution periods of voluntary insurance, replacement times or periods of compulsory insurance in accordance with § 8 paragraph 1 Z 2 lit. a to g and in accordance with Section 225 (1) Z 8 in the relevant month have the time overweight. "

(69) In § 233 (1), the expression "Contribution month of compulsory insurance" by the expression "Contribution month of compulsory insurance due to gainful employment" , the expression "performance-effective replacement month with the exception of replacement months according to § § 227a and 228a" by the expression " performance-effective equivalent month-with the exception of replacement months according to § § 227a and 228a-as well as month of compulsory insurance pursuant to § 8 para. 1 Z 2 lit. a to g and in accordance with section 225 (1) Z 8 " replaced.

70. In § 233 (2), the expression "Contribution month of compulsory insurance" by the expression "Contribution month of compulsory insurance due to gainful employment" and the expression "A replacement month in accordance with § § 227a and 228a, which must be considered as a month of contributions (compulsory insurance)," by the expression " A replacement month in accordance with § § 227a and 228a, which must be considered as a month of contributions (compulsory insurance), as well as month of compulsory insurance in accordance with § 8 paragraph 1 Z 2 lit. a to g and in accordance with section 225 (1) Z 8 " replaced.

71. In § 242 (9) the term " "and to multiply the contribution burden factor corresponding to their time storage (Section 108 (8))" .

72. In § 254 (1) Z 3, the term " "according to this federal law, or according to the Industrial Social Security Act or the Farmers-Social Security Act" by the expression "pursuant to this or any other federal law, with the exception of the retirement pension pursuant to § 4 paragraph 2 APG," replaced.

73. In § 254 (7) last sentence, the expression "§ 108 (9)" by the expression "§ 108 (6)" replaced.

74. In § 264 (5) Z 3 lit. e is after the expression "1972," the expression " the Federal Data Protection Act, BGBl. I No 64/1997, " inserted.

75. In § 264 (6) last sentence, the expression "§ 108 (9)" by the expression "§ 108 (6)" replaced.

76. In accordance with § 264 (7a), the following paragraph 7b is inserted:

" (7b) In addition to the widower's (widower) pension, a pension pursuant to section 5 (3) and (4) shall also be due, the increase in accordance with paragraph 6 to the maximum permissible extent shall be due first to the higher performance. If (6a) and (7a) are to be applied in the case of two or more widows (widows), the pension shall be reduced starting with the lower pension in each case. "

76a. In § 271 (1) Z 3, the term " "according to this federal law, or according to the Industrial Social Security Act or the Farmers-Social Security Act" by the expression "pursuant to this or any other federal law, with the exception of the retirement pension pursuant to § 4 paragraph 2 APG," replaced.

77. In § 283, second sentence, the expression "§ 108 (9)" by the expression "§ 108 (6)" replaced.

78. In § 288 (1), second sentence, the expression "§ 108 (9)" by the expression "§ 108 (6)" replaced.

79. In the heading to Section V of the Fourth Part, the term " "and value compensation" .

80. In § 292 (3) second sentence and para. 4 lit. h is the expression "§ 108 (9)" in each case by the expression "§ 108 (6)" replaced.

81. In § 293 (2), first sentence, the expression "§ 108 (9)" by the expression "§ 108 (6)" replaced.

82. § 293 para. 2 second sentence is deleted.

83. § 299a is repealed.

84. In § 302 (4), second sentence, the expression "§ 108 (9)" by the expression "§ 108 (6)" replaced.

The third sentence of Section 306 (2) is deleted.

86. In § 306 (2) last sentence, the expression "§ 108 (9)" by the expression "§ 108 (6)" replaced.

87. In § 307d (6), second sentence, the expression "§ 108 (9)" by the expression "§ 108 (6)" replaced.

88. In § 410 (1), the point at the end of Z 8 shall be replaced by a dash; the following Z 9 shall be added:

" 9.

if it transfers a partial credit according to § 14 APG. "

89. § 447g is repealed.

90. § 460b (1) (1) (1) (1) a is lifted.

90a. The following sentence is added to § 460c:

"An additional contribution according to § 31 paragraph 3 Z 9 is to be made to this security contribution."

91. In § 502 (4), second sentence, the expression "§ 108 (9)" by the expression "§ 108 (6)" replaced.

92. In § 522k (2), second sentence, the expression "§ 108 (9)" by the expression "§ 108 (6)" replaced.

Article 607 (11), first sentence reads:

" In the case of paragraph 10, in which an early retirement pension has been dropped in accordance with Section 253b (2), the benefit is to be reestablished from its own motion after the normal retirement age has been reached, with the benefit for each month in which the early retirement benefits are Age erosion has fallen away, to increase 0.55%. "

94. In § 607 (11) second sentence, the expression "Decrease" by the expression "Performance" replaced.

Article 607 (12) reads as follows:

" (12) On male insured persons born before 1 July 1950 and to female insured persons born before 1 July 1955, the provisions on early retirement at long periods of 31 December 2003 applicable to long periods of time shall be Period of insurance (early retirement age pension for long periods of insurance)-with the exception of § § 108h (1), 238, 239, 261, 261b, 284 Z 3 and 284b-to apply in such a way that by way of derogation from § 253b (1)

1.

to the place of the 738. Lifesmonate the 60. When and as soon as the insured person has acquired 540 months of contributions,

2.

to the place of the 678. Lifesmonate the 55. when and as soon as the insured person has acquired 480 months of contributions;

§ 231 Z 1 shall apply with the proviso that periods of voluntary insurance shall act as replacement times and shall also be considered as contribution months:

-

up to 60 replacement months for periods of child-rearing (§ § 227a or 228a of this Federal Act or § § 116a or 116b GSVG or § § 107a or 107b BSVG) which are not covered by contribution months,

-

Replacement months due to a claim for a weekly allowance (§ 227 (1) (3)), which do not coincide with replacement months according to § 227a or § 228a,

-

up to 30 replacement months for periods of a presence or civil service (§ 227 (1) Z 7 and 8 of this Federal Act or § 116 para. 1 Z 3 GSVG or § 107 (1) Z 3 BSVG).

Section 261 (2) in the version of the Federal Law BGBl. By way of derogation from the first sentence of paragraph 15, I n ° 71/2003 shall apply in such a way that the extent of 1.78 points of increase until the end of 2007 is due to two points of increase, by 1.95 points of increase in 2008, by 1.90 in 2009 SteigerPoints and in 2010 with 1.85 points of increase or in the crunic pension insurance, the extent of 1.955 points of increase until the end of 2007, by 2.175 points of increase, in 2008 by 2.125 points of increase, in 2009 by 2.075 points of increase and in 2010 shall be replaced by 2.025 points of increase; para. 15, second and third sentences, shall apply. Section 261 (4) in the version of the Federal Law BGBl. I No 71/2003 shall not apply if the conditions for eligibility-with the exception of the absence of a paid-up activity on the cut-off date (Section 253b (1) Z 4)-are fulfilled until 31 December 2007. . From 1. January 2008 is § 261 (4) in the version of the Federal Law BGBl. I No 71/2003 shall apply in such a way as to replace the standard-penitentiary age with the relevant default age for early retirement for a long period of insurance; paragraph 11 shall apply accordingly. The legal force of past decisions is not against that. "

Section 607 (13) reads as follows:

" (13) Persons who meet the eligibility requirements for early retirement for a long period of insurance (early retirement age pension for a long period of insurance) pursuant to paragraph 12, except for the condition of the absence of one of the Compulsory insurance based on employment on the cut-off date (§ 253b (1) Z 4)-in one of the calendar years mentioned in the last sentence of paragraph 12, the points of increase listed for the respective calendar year shall be maintained; the legal force shall be maintained the decisions already taken are not against that. "

§ 607 para. 14, first sentence reads:

" 12 is also on male insured persons, who after 30 June 1950 and before 1. January 1959 and on female insured persons, who after 30 June 1955 and before 1. Born in January 1964, when the insured person (s) has acquired more than half of the contribution months on the basis of activities carried out under conditions of physical or psychological stress, " he said.

Section 607 (14a) shall be repealed.

98a. In § 607 para. 23, second sentence, the expression "is § 572 (10a)" by the expression "are the last sentence of § § 108 (8) and 572 (10a)" replaced.

99. § 607 (23) last sentence is replaced by the following sentences:

" If the new pension in the given calendar year is more than the percentage referred to in the left-hand column lower than the comparison, the percentage of the comparison price referred to in the right-hand column shall be considered as the pension due:

-

in 2004: 5% ............ 95%,

-

in 2005: 5.25% ....... 94.75%,

-

in 2006: 5.50% ....... 94.50%,

-

in 2007: 5.75% ....... 94.25%,

-

in 2008: 6% ............ 94%,

-

in 2009: 6.25% ....... 93.75%,

-

in 2010: 6.50% ....... 93.50%,

-

in 2011: 6.75% ....... 93.25%,

-

in 2012: 7% ............ 93%

-

in 2013: 7.25% ....... 92.75%,

-

in 2014: 7.50% ....... 92.50%,

-

in 2015: 7.75% ....... 92.25%,

-

in 2016: 8% ............ 92%,

-

in 2017: 8.25% ....... 91.75%,

-

in 2018: 8.50% ....... 91.50%,

-

in 2019: 8.75% ....... 91.25%,

-

in 2020: 9% ............ 91%,

-

in 2021: 9.25% ....... 90.75%,

-

in 2022: 9.50% ....... 90,50%;

-

in 2023: 9.75% ....... 90.25%,

-

from 2024: 10% .. 90%.

The legal force of past decisions is not contrary to that. Persons who meet the eligibility requirements for an age pension (pension age pension) or an early retirement pension for a long period of insurance (early retirement age pension for a long period of insurance)-with the exception of the The absence of an employment on the cut-off date (§ 253b (1) (4)), which is based on the obligation to provide compulsory insurance, shall be subject to the percentages allocated to the calendar year in question. "

100. § 615 in the version of the Federal Law BGBl. I No 105/2004 shall be replaced by the name of "616" .

101. In accordance with § 616, the following § 617 is added together with the heading:

" Final provisions on Art. 2 of the Federal Law BGBl. I n ° 142/2004 (62. Novelle)

§ 617. (1) It shall enter into force:

1.

with 1. January 2005 § § 2a including title, 5 para. 2, 8 para. 1 Z 2, 10 para. 5 and 6b, 11 para. 2, 12 para. 5b and 6, 13, 14 para. 1 Z 12 and para. 5, 15 para. 5, 18 with title, 18a para. 1 and 3 Z 3, 21 para. 1, 31 para. 3 Z 9 and para. 4 Z 7 to 9, 36 para. 1 Z 10 to 17, 44 (1) 11 to 18 and (6), 51 (1) (3) and (3) (3) Z 2, 51a together with the title, 52 (4), 54 (5), 56a (2), 70 (1) to (3), 74 (1) and (6), 76 (1), 76a (3), 76b (1), (3) and (4), 77 (2), (2a), (4) and (6) 79a including heading, 79b including heading, 80 para. 1, 108, 108a para. 1 and 2, 108e para. 2 Z 14 and 15, as well as (9) and (11), 108f, 122 (4), 136 (3), 141 (3) and 5, 154a (7), (7), Article 155 (3), 162 (3a), 181 (1), (2) and (6), 181b, 212 (3), 225 (1) Z 3, 227, title and paragraph 1, introduction, 227a, title and para. 1 and 3, 230 para. 2 lit. g and h, 231 Z 1, 232 para. 1, 233 para. 1 and 2, 242 (9), 254 (1) and (7), 264 (6), 271 (1) Z 3, 283, 288 (1), 292 (3) and (4) (h), 293 (2), 302 (4), 306 (2), 307d (6), 410 (1), (8) and (9), 460c, 502 (4), 522k 2 and 615 as well as the title of Section V of the Fourth Part and of Appendixes 12 and 13 in the version of the Federal Law BGBl. I No 142/2004;

2.

Retroactively with 1 July 2004 the § § 227 (1) Z 5 and 264 (5) Z 3 lit. e and paragraph 7b in the version of the Federal Law BGBl. I No 142/2004;

3.

Retroactive with 1. Jänner 2004 § 607 para. 11 to 14a and 23 in the version of the Federal Law BGBl. I No 142/2004.

(2) § § 53a (5), (63a), (108d), 299a, 447g and 460b (1) (1) (1) lit. (a) enter into force on 31 December 2004.

(2a) § 607 (14a) enters into force with 1. Jänner 2004 out of force.

(3) To persons who are before the 1. January 1955 is born, is § 8 Abs. 1 Z 2 lit. a to g in the version of the Federal Law BGBl. I n ° 142/2004; for these persons, § § 227 and 227a as well as 447g (3) and (4) in the version in force on 31 December 2004, the latter provision being applied in such a way as to ensure that the amounts to be deducted from the The main association must be transferred from the latter to the pension insurance institutions in accordance with the last valid allocation key.

(4) § 18a in the version of the Federal Law BGBl. I n ° 142/2004 also applies to cases in which self-insurance is due on 31 December 2004 due to the completion of the 30. Year of life of the child has already been completed.

(5) By way of derogation from § 52 paragraph 4 Z 3 in the version of the Federal Law BGBl. I n ° 142/2004 are the contributions for partial insured persons in accordance with Section 8 (1) (2) (2) (2) lit. In the years 2005 to 2009 inclusive, it is to be carried out in equal parts from the funds of the Family Relief Fund and from federal funds.

(6) Paragraph 70 (1) and (2) of the version in force on 31 December 2004 shall continue to apply to contributions for periods of contributions before the 1. Jänner 2005.

(7) By way of derogation from Article 73 (1) (1) (1) and (2), the amount to be paid in the calendar year 2005 shall be 4.25% of the service to be paid in the case of a direct pension with a reference date in 2004 or a direct pension Survivor's pension, which is derived from a pension with a reference date lying in 2004.

(8) § 76b (3) second sentence in the version of the Federal Law BGBl. I No 142/2004 shall not apply to persons who were born after 31 December 1954. To the extent that such persons 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.

(9) By way of derogation from § 108h (1), the Federal Minister for Social Security, Generations and Consumer Protection in the Regulation pursuant to Section 108 (5) for the calendar years 2006, 2007 and 2008 shall make the adjustment of the pension in such a way that:

1.

only those pensions, which do not exceed fifteen times the maximum contribution basis in accordance with § 45, are to be multiplied by the adjustment factor;

2.

all other pensions shall be increased with a fixed amount corresponding to the increase of 15 times the maximum contribution basis in accordance with § 45 with the adjustment factor.

(10) By way of derogation from Section 227 (1), as amended by the Federal Law BGBl. I n ° 142/2004, after 31 December 2004, the months of the visit of an educational institution to Z 1 of this provision shall continue to be considered as insurance months for the fulfilment of the waiting period for benefits arising from the insurance case of death. consideration.

(11) By way of derogation from Section 253 (1), in the version in force on 31 December 2004, the case age for female insured persons is determined by the 60. Year of life on or after 1. Jänner 2024 complete, according to § 3 of the Federal Constitutional Law on different age limits of male and female social insurance companies, BGBl. No. 832/1992.

(12) The assets under the compensation fund of the pension insurance institutions on 31 December 2004 shall be the institutions of the pension insurance under this Federal Act, the GSVG, the FSVG and the pension insurance scheme in force for the financial year 2004. to be divided up to the longest period of 1 March 2005. From 1. In 2005, the compensation fund of the pension insurance institutions should no longer be allocated to the compensation fund.

(13) § 607 (12) is also on male insured persons, who after 30 June 1950 and before the 1. Jänner, born in 1955, and on female insured persons, who were born after 30 June 1955 and before 1. Jänner 1960, born in 1960, as follows: If the date of birth is in the period mentioned in the left-hand column, the following shall be applied:

1.

in the case of male insured persons in the place of the 738. Life is not the 60. Year of life, but the year of life mentioned in the right column:

-

1 July 1950 to 31 December 1950 ........................ 60.5. Year of life;

-

1 January 1951 to 31 December 1951 .................... 61. Year of life;

-

1 January 1952 to 31 December 1952 .................... 62. Year of life;

-

1 January 1953 to 31 December 1953 .................... 63. Year of life;

-

1 January 1954 to 31 December 1954 .................... 64. Year of life;

2.

in the case of female insured persons, to replace the 678. Life is not the 55. Year of life, but the year of life mentioned in the right column:

-

1 July 1955 to 31 December 1955 ........................ 55.5. Year of life;

-

1 January 1956 to 31 December 1956 .................... 56. Year of life;

-

1 January 1957 to 31 December 1957 .................... 57. Year of life;

-

1 January 1958 to 31 December 1958 .................... 58. Year of life;

-

1 January 1959 to 31 December 1959 .................... 59. Life Year. "

102. In accordance with Annex 11, the following Annexes 12 and 13 are added:

Appendix 12

Population-Reference life expecrate

Population

Population at year-end

Appendix 13

Parameters for Long-term Scenarios 2004

Parameters for long-term scenarios 2004: activity rates

Article 3

Amendment of the Industrial Social Insurance Act (29). Novelle to GSVG)

The Industrial Social Security Act, BGBl. No 560/1978, as last amended by the Federal Law BGBl. I No 106/2004, shall be amended as follows:

1. § 1a together with the headline is:

" Scope of pension insurance benefits

§ 1a. (1) For persons who are insured for the first time after 31 December 2004 in the pension insurance scheme under this or another federal law, Section III of the second part is to be applied only as far as the General Pensions Act (APG), BGBl. I n ° 142/2004, nothing else.

(2) Persons born after 31 December 1954 and having acquired at least one month of insurance under this or another federal law by the end of 31 December 2004 shall be subject to the provisions of Section III of the Second The part and section II of the Fifth Part shall be applied only as far as the APG shall not determine otherwise. "

(2) The previous § 1a and title shall be given the title "§ 1b" .

3. § 3 (3) reads:

" (3) Compulsory insurance in the pension insurance scheme:

1.

Persons according to the Wehrgesetz 2001

a)

providing a presence or training service;

b)

provide a temporary service as a temporary soldier with a commitment period of at least one year;

if they were last covered by the GSVG or FSVG, but not in accordance with the ASVG, and did not fall under Section 8 (1) (5) of the ASVG;

2.

Persons who, under the Civil Service Act, provide ordinary or extraordinary civil service or a foreign service in accordance with Section 12b of the Civil Service Act if they are last insured under the GSVG or FSVG, but not according to the ASVG, pension insurance were;

3.

persons who receive transitional allowance from pension insurance under this Federal Act, if they are not insured under Section 3 (5);

4.

Persons who have their children (§ 116a (2)) in the first 48 calendar months after birth or, in the case of a multiple birth, their children in the first 60 calendar months after the birth in fact and predominantly within the meaning of § 116a (4) to (7) , if they were last subject to pension insurance under the GSVG or FSVG, but not in accordance with the ASVG. "

4. § 6 para. 3 Z 4 reads:

" 4.

(a) in the case of the persons referred to in Article 3 (3) (1) (1), the day on which the presence or training service is to be provided;

b)

in the case of the persons referred to in Article 3 (3) (2) (2), the day on which the civil service or foreign service is to be employed;

c)

in the case of the persons referred to in Article 3 (3) (3) (3), the day from which the transitional allowance is made;

d)

in the case of persons referred to in Article 3 (3) (4)

-

with the calendar month following the birth of the child,

-

with the calendar month in which the adoption of the child takes place, or the taking-over of the free care; "

5. § 7 para. 2 Z 4 reads:

" 4.

in the case of the persons referred to in § 6 (3) (4) (4), with the omission of the operative event for the insurance, the pension insurance in accordance with § 3 (3) (2) (2) expires at any rate after 14 months of the foreign service and the end of the Pension insurance pursuant to § 3 paragraph 3 Z 4 according to the provisions of section 116a (3). "

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

" Subsequent self-insurance in the pension insurance for periods of visit of an educational institution

§ 13a. (1) Persons who have attended an educational institution referred to in § 116 (7) may subsequently be eligible for all or individual months of the visit to an insurance institution where at least one insurance month has been acquired. Education institution self-insure upon application in the pension insurance scheme.

(2) The application for self-insurance may be filed until the deadline (§ 113 (2)). If the right to self-insurance is determined only after the date of the closing date in a procedure initiated before the date of the closing date, the contributions to the self-insurance may also be effectively paid after the date of the deadline.

(3) The duration of the self-insurance may not exceed the maximum limits specified in section 116 (7) for the consideration as replacement times. "

7. In § 14 (1), the following sentence shall be inserted after the first sentence:

"This does not apply to cases of supposed sub-insurance in the pension insurance pursuant to § 3 para. 3."

8. In accordance with § 18 (3), the following paragraph 3a is inserted:

" (3a) The reporting requirements are

1.

for the presence or training service provided pursuant to section 3 (3) (1) (1), the Federal Ministry of National Defense;

2.

for the civil or foreign service providers under § 3 (3) (2) (2), the Federal Ministry of the Interior;

3.

for persons who are insured pursuant to § 3 (3) (3) (3) (3) (3) of the transitional allowance to the pension insurance institution;

4.

for the educators who are insured under § 3 (3) (3) (4) (4) of the health insurance institution. "

9. According to Article 25 (4), the following paragraph 4a is inserted:

" (4a) By way of derogation from paragraph 4, the compulsory insured persons shall be subject to the conditions laid down in Article 2 (1) (1) (1) to (3) above. January 2006 in the pension insurance scheme the following amounts:

-

from 1. January 2006 at least 1 018.40 €,

-

from 1. Jänner 2007 at least 940,38 €,

-

from 1. January 2008 at least 862,36 €,

-

from 1. Jänner 2009 at least 784,34 €,

-

from 1. January 2010 at least 706,32 €,

-

from 1. January 2011 at least 628,30 €,

-

from 1. January 2012 at least 550,28 €,

-

from 1. January 2013 at least 472,26 €,

-

from 1. January 2014 at least 394,24 €,

-

from 1. January 2015 at least 316,19 €.

The amounts of these amounts shall be replaced by 1. January 2006, the recovery figures for 2005 and 2006 (§ 51) multiplied by amounts and from 1. January 2007 as well as from 1. Each subsequent year, the amounts multiplied by the respective utilization rate on the basis of § 51. For compulsory insured persons according to § 2 (1) (4) (4), which exclusively carry out a business activity, the following shall apply from 1. January 2013 in the pension insurance scheme deviating from paragraph 4 Z 2 lit. a the amounts applicable to compulsory insured persons in accordance with § 2 (1) (1) (1) to (3). "

10. § 25a para. 2 is repealed.

11. § 26 (4) and (5) are:

" (4) In the cases of paragraph 3 Z 1, the sum total

1.

from the part of the sum of contributions for periods of compulsory insurance on the basis of an employment according to the ASVG (Article 11 (1) (1) of the APG), which is attributable to a month of contributions of compulsory insurance (a pro-rata basis according to the ASVG), and

2.

Based on the contribution basis pursuant to § 25 (2)

the amount according to § 25 (4) or § 236 lit. a, so the contribution basis under this federal law is the difference between the proportional contribution basis in accordance with the ASVG and the amount according to § 25 (4) or § 236 lit. a.

(5) In the cases referred to in paragraph 3 (2) and (3), the sum total shall be:

1.

on the basis of the contribution basis under this Federal Act pursuant to section 25 (2),

2.

based on the contribution basis of the FSVG, and

3.

from the part of the pro-rata basis according to the ASVG (paragraph 4 Z 2)

The amount of contribution under this federal law pursuant to section 25 (2) and the contribution basis under the FSVG shall be proportionate to the proportion of the relevant income from the relevant income pursuant to Article 25 (2) and the amount of contribution under the FSVG. to increase the amount of the employment covered by insurance until the sum of all the contribution bases results in the eligible amount according to Article 25 (4). For the purpose of determining this increase, the amount shall be referred to in accordance with Section 25 (4) if it was to be applied only in one of the insurance companies involved. The contribution basis according to this federal law and according to the FSVG is the amount increased proportionately. "

12. § 26a:

" § 26a. Basis of contribution for the insured persons according to § 3 paragraph 3 Z 1 lit. a, 2 and 4 is the amount of € 1 350, the contribution basis for the insured persons according to § 3 (3) (3) (3) (3) is the transitional allowance. Basis of contribution for which according to § 3 paragraph 3 Z 1 lit. A period of at least one year shall be subject to a commitment period of at least one year: 133% of the monthly salary, the grade of service, the monthly premium, the remuneration, the remuneration and the training allowance and the recognition premium. "

13. § 27 (1) and (2) are:

" (1) The compulsory insured persons in accordance with § 2 (1) have for the duration of compulsory insurance

1.

as a contribution to health insurance, 8,4%,

2.

as a contribution to pension insurance 22.8%

of the contribution basis. Payments made by an institution for economic self-help on the basis of an agreement with the insurance institution or by means of the Artists-Social Insurance Fund shall be set off on the contribution.

(2) The contribution to the pension insurance referred to in paragraph 1 Z 2 shall be applied

1.

by the performance of the compulsory insured persons in the amount of the following percentages of the contribution basis:

-

from 1. January 2005 15%,

-

from 1. Jänner 2006 15.25%,

-

from 1. Jänner 2007 15.5%,

-

from 1. Jänner 2008 15.75%,

-

from 1. Jänner 2009 16%,

-

from 1. Jänner 2010 16.25%,

-

from 1. Jänner 2011 16.5%,

-

from 1. Jänner 2012 16.75%,

-

from 1. Jänner 2013 17%,

-

from 1. Jänner 2014 17.25%,

-

from 1. Jänner 2015 17.5%;

2.

by a performance from the tax revenue of the compulsory insured persons in the amount of the following percentages of the contribution basis:

-

from 1. Jänner 2005 7.80%,

-

from 1. Jänner 2006 7.55%,

-

from 1. Jänner 2007 7.30%,

-

from 1. Jänner 2008 7.05%,

-

from 1. Jänner 2009 6.80%,

-

from 1. Jänner 2010 6.55%,

-

from 1. January 2011 6.30%,

-

from 1. Jänner 2012 6.05%,

-

from 1. Jänner 2013 5.80%,

-

from 1. January 2014 5.55%,

-

from 1. Jänner 2015 5.30%.

The partner performance in accordance with Z 2 bears the Federal Government; it has to confront the insurance institution on a monthly basis to the extent that it is necessary to pay for the Federal Government's cash register. "

14. The sections 2 to 4 of § 27 are given the names "3" to "5" .

15. According to § 27d, the following § 27e and heading is inserted:

" Contribution for partial insured persons in pension insurance

§ 27e. The contributions for sub-insured persons in accordance with § 3 paragraph 3 are to be calculated with 22.8% of the contribution basis (§ 26a). These contributions shall be borne

1.

for partial insured persons in accordance with § 3 paragraph 3 Z 1 lit. a and Z 2 and 3 from the federal government;

1a.

for partial insured persons in accordance with § 3 paragraph 3 Z 1 lit. b from funds of the Federal Ministry for National Defence;

2.

for sub-insured persons pursuant to § 3 (3) (4) (4) to 75% of funds from the Family Cargo Compensation Fund and 25% from federal funds. "

16. In accordance with § 32, the following section 32a and title shall be inserted:

" Contributions for self-insured persons according to § 13a

§ 32a. (1) The monthly contribution basis for self-insured persons according to § 13a

1.

for the periods referred to in § 116 (7) of the visit of a university, an art academy or art college and the compulsory education required for the future occupation of higher education, to be twenty times,

2.

for the other periods referred to in Article 116 (7), ten times

the maximum contribution basis in the pension insurance in accordance with Article 45 (1) of the ASVG in the time of the contribution payment. In the case of payment of the contribution after the completion of the 40. The life year of the insured person shall multiply the contribution basis by a factor of 1.12, and shall be replaced by this factor after the completion of the 45. Life year of factor 1.34, after completion of the 50. Life year of factor 1.66, after completion of the 55. Life year of factor 2.22 and after completion of 60. Life year of factor 2.34. "

(2) Self-insured persons shall have to pay a contribution for the duration of the insurance, amounting to 22.8% of the contribution basis. "

17. § 34 reads:

" § 34. (1) In the pension insurance pursuant to this Federal Act, the Federal Government shall make a contribution for each financial year in the amount of the amount by which the expenses exceed the revenues. In this case, the expenses are the compensatory allowances and the benefits for prisoners of war under the War Prisoner Compensation Act, BGBl. I n ° 142/2000, and in the case of the proceeds of the federal contribution as well as the proceeds for compensatory allowances and for the benefits for prisoners of war under the Prisoner of War Prisoners Act.

(2) The Federal Government's contribution due to the insurance institution as the institution of the pension insurance pursuant to para. 1 is to be paid monthly to the extent necessary to the extent necessary to the federal state of the federal government. "

18. In the title to § 47 the expressions are deleted "Contribution load factor," and "and value compensation" .

19. In § 47 the expression " , the recovery factors, the contribution burden factor and the adjustment policy value " by the expression "and the recovery factors" replaced; the expression "and value compensation" No.

Section 115 (1) Z 3 reads as follows:

" 3.

Periods of voluntary insurance if the contributions have been paid within 12 months of the end of the calendar month for which they are to apply or on the basis of subsequent self-assurance pursuant to Section 13a; "

21. The heading to § 116 reads:

" Spare times before the 1. Jänner 2005 "

22. § 116 (1) Introduction and Section 7, first sentence, after the expression: "Spare time" the expression " before the 1. Jänner 2005 " inserted.

23. The heading to § 116a reads:

" Replacement times for periods of child-rearing from the period after 31 December 1955 and before 1. Jänner 2005 "

24. In § 116a (1), after the expression "31 December 1955" the expression " and before the 1. Jänner 2005 " inserted.

24a. The following sentence is added to section 116a (1):

"In the case of a multiple birth, this period shall be extended to 60 calendar months."

24b. In § 116a (3), first sentence, after the expression "48-calendar month-deadline" each of the brackets "(60-calendar month-deadline)" inserted.

25. § 116a (3) second sentence is deleted.

26. In § 118 (2), the point at the end of the lit. i replaced by a stroke; the following lit. j is added:

" j)

on contributions to be paid in accordance with Section 27e of the Federal Government or a public fund. "

27. In § 119 Z 1 second sentence, the expression "Compulsory insurance contribution period" by the expression "Contribution period of compulsory insurance as a result of an employment" and the expression "spare time" by the expression "Replacement time and period of compulsory insurance pursuant to § 3 (3)" replaced.

28. In § 119a (1) the expression "Contribution month of compulsory insurance" by the expression "Member month of compulsory insurance on the basis of an employment" , the expression "performance-effective replacement month with the exception of replacement months according to § § 116a and 116b" by the expression "performance-effective replacement month-with the exception of replacement months according to § § 116a and 116b-as well as month of compulsory insurance pursuant to § 3 para. 3" replaced.

29. In § 119a (2), the expression "Contribution month of compulsory insurance" by the expression "Contribution month of compulsory insurance due to gainful employment" and the expression "Replacement month in accordance with § § 116a and 116b, which must be considered as a month of contributions (compulsory insurance)," by the expression "Replacement month in accordance with § § 116a and 116b, which must be considered as a month of contributions (compulsory insurance), as well as month of compulsory insurance pursuant to § 3 para. 3" replaced.

30. In § 127 (8) the term " "and to multiply the contribution burden factor (§ 47) corresponding to their time storage" .

31. In the title to § 127b the term " "Credit for the higher insurance or" .

32. § 127b (1) to (3) are:

" (1) In one calendar year, in the case of one or more occupations giving rise to compulsory insurance in accordance with the ASVG, and one or more self-employed activities based on compulsory insurance under this Federal Act, the Total of all contribution bases of compulsory insurance-including special payments-the sum of the monthly maximum contribution bases in accordance with § 48 for the contribution months of compulsory insurance in the calendar year on the basis of a gainful employment, with a single contribution rate of only one month to be counted, the insured person shall be entitled to the reimbursement of the contribution of the person referred to in paragraphs 2 and 3 of this Article.

(2) In the event of a benefit from the insurance cases of the age or invalidity of the insured person, the insured person shall be reimbursed by the Office of the Office of the European Parliament:

1.

the amount of contributions to be exceeded in accordance with the ASVG at half the amount and

2.

the total amount of contributions to be exceeded in accordance with Section 27 (2) (1) of this Federal Act or in accordance with Section 8 of the FSVG (FSVG),

In each case, it is upgraded with the recovery factor corresponding to the time storage (§ 47). However, if the APG is to be applied, only the exceeding amount shall be reimbursed in accordance with Section 12 (1), second sentence, APG.

(3) The contributions to the exceeding amount shall also be reimbursed on request before the performance of the performance referred to in paragraph 2. The provisions of paragraph 2 shall apply mutaly to the reimbursement of contributions. "

33. In § 132 paragraph 1 Z 3, the expression "according to this federal law, or according to the Industrial Social Security Act or the Farmers-Social Security Act" by the expression "pursuant to this or any other federal law, with the exception of the retirement pension pursuant to § 4 paragraph 2 APG," replaced.

34. In § 145 (5) Z 3 lit. e is after the expression "1972," the expression " the Federal Data Protection Act, BGBl. I No 64/1997, " inserted.

35. In accordance with § 145 (7a), the following paragraph 7b is inserted:

" (7b) In addition to the widower's (widower) pension, a pension pursuant to section 5 (3) and (4) shall also be due, the increase in accordance with paragraph 6 to the maximum permissible extent shall be due first to the higher performance. If (6a) and (7a) are to be applied in the case of two or more widows (widows), the pension shall be reduced starting with the lower pension in each case. "

36. In the heading to the 3. Subsection of section III of the second part is omitted. "and value compensation" .

37. § 156a is repealed.

38. § 164 (2) third sentence is deleted.

39. § 298 (11), first sentence reads:

" In the case of paragraph 10, in which an early retirement pension has been omitted in accordance with Section 131 (2), the benefit is to be restated on the basis of the attainment of the regular retirement age; in this case, the benefit is for each month in which the premature retirement pension is reached. Age erosion has fallen away, to increase 0.55%. "

40. In § 298 (11), second sentence, the expression "Decrease" by the expression "Performance" replaced.

41. § 298 (12) reads:

" (12) On male insured persons born before 1 July 1950 and to female insured persons born before 1 July 1955, the provisions on early retirement at long periods of 31 December 2003 applicable to long periods of time shall be Period of insurance-with the exception of § § 50 para. 1, 122, 123, 139 and 143-to be applied in such a way that by way of derogation from § 131 (1)

1.

to the place of the 738. Lifesmonate the 60. When and as soon as the insured person has acquired 540 months of contributions,

2.

to the place of the 678. Lifesmonate the 55. when and as soon as the insured person has acquired 480 months of contributions;

§ 119 Z 1 shall apply, with the proviso that periods of voluntary insurance shall take account of the replacement periods; furthermore, account shall be taken of the following months of contributions:

-

up to 60 replacement months for periods of child-rearing (§ § 116a or 116b of this Federal Act or § § 227a or 228a ASVG or § § 107a or 107b BSVG) which are not covered by contribution months,

-

Replacement months due to a claim for a weekly allowance (§ 227 (1) Z 3 of the ASVG), which are not covered by replacement months according to § 227a ASVG or § 228a ASVG,

-

up to 30 replacement months for periods of a presence or civil service (§ 116 para. 1 Z 3 of this Federal Act or § 227 (1) Z 7 and 8 ASVG or § 107 (1) Z 3 BSVG).

Section 139 (2) in the version of the Federal Law BGBl. By way of derogation from the first sentence of paragraph 14, I n ° 71/2003 shall apply in such a way that the extent of 1.78 points of increase until the end of 2007 is due to two points of increase, by 1.95 points of increase in 2008, by 1.90 in 2009 Increase points and in 2010 will be replaced by 1.85 points of increase; paragraph 14, second sentence and third sentence are to be applied. Section 139 (4) in the version of the Federal Law BGBl. I No 71/2003 shall not apply if the conditions for eligibility-with the exception of the absence of a paid-up activity on the cut-off date (Section 131 (1) Z 4)-are fulfilled until 31 December 2007. . From 1. Jänner 2008 is § 139 (4) in the version of the Federal Law BGBl. I No 71/2003 shall apply in such a way as to replace the standard-penitentiary age with the relevant default age for early retirement for a long period of insurance; paragraph 11 shall apply accordingly. The legal force of past decisions is not against that. "

Section 298 (13) reads as follows:

" (13) Persons who meet the eligibility requirements for early retirement with a long period of insurance pursuant to paragraph 12-with the exception of the condition of the absence of an employment based on compulsory insurance on the cut-off date (Section 131 (1)) Z 4)-in one of the calendar years referred to in the last sentence of paragraph 12, the points of increase listed for each calendar year shall be maintained; the legal force of any decisions already taken shall not be contrary to that. "

43. § 298 (13a) reads:

" (13a) (12) is also referred to as the male insured person, who after 30 June 1950 and before the 1. January 1959 and on female insured persons, who after 30 June 1955 and before 1. Jänner born in 1964, when the personal work of the insured person was necessary to maintain the holding and the insured person (s) insured more than half of the months of the contribution due to activities carried out under the supervision of the have been provided physically or psychologically particularly stressful conditions (§ 607 para. 14 ASVG). "

44. § 298 (13b) is repealed.

44a. In § 298 (18), second sentence, the expression "is § 273 (18a)" by the expression "are the § § 108 (8) last sentence of the ASVG and 273 (18a)" replaced.

45. § 298 (18) last sentence is replaced by the following:

" If the new pension in the given calendar year is more than the percentage referred to in the left-hand column lower than the comparison, the percentage of the comparison price referred to in the right-hand column shall be considered as the pension due:

-

in 2004: 5% ............ 95%,

-

in 2005: 5.25% ....... 94.75%,

-

in 2006: 5.50% ....... 94.50%,

-

in 2007: 5.75% ....... 94.25%,

-

in 2008: 6% ............ 94%,

-

in 2009: 6.25% ....... 93.75%,

-

in 2010: 6.50% ....... 93.50%,

-

in 2011: 6.75% ....... 93.25%,

-

in 2012: 7% ............ 93%

-

in 2013: 7.25% ....... 92.75%,

-

in 2014: 7.50% ....... 92.50%,

-

in 2015: 7.75% ....... 92.25%,

-

in 2016: 8% ............ 92%,

-

in 2017: 8.25% ....... 91.75%,

-

in 2018: 8.50% ....... 91.50%,

-

in 2019: 8.75% ....... 91.25%,

-

in 2020: 9% ............ 91%,

-

in 2021: 9.25% ....... 90.75%,

-

in 2022: 9.50% ....... 90,50%;

-

in 2023: 9.75% ....... 90.25%,

-

from 2024: 10% ... 90%.

The legal force of past decisions is not contrary to that. Persons who meet the eligibility requirements for an age pension (pension age pension) or an early retirement pension for a long period of insurance (early retirement age pension for a long period of insurance)-with the exception of the The absence of an employment on the cut-off date (§ 131 (1) (4)), which is based on the obligation to provide compulsory insurance, must be fulfilled in one of the calendar years mentioned above, while the percentages allocated to the calendar year are maintained. "

46. In accordance with § 305, the following § 306 and title are added:

" Final provisions on Art. 3 of the Federal Law BGBl. I n ° 142/2004 (29) Novelle)

§ 306. (1) It shall enter into force:

1.

with 1. January 2005 § § 1a including title, 1b, 3 para. 3, 6 para. 3 Z 4, 7 para. 2 Z 4, 13a with headline, 14 para. 1, 18 para. 3a, 25 para. 4a, 26 para. 4 and 5, 26a, 27, 27e with headline, 32a veloe headline, 34, 47 with headline, 115 para. 1 Z 3, 116 Title and para. 1 and 7, 116a of the title as well as (1) and (3), 118 (2) (lit). i and j, 119 z 1, 119a para. 1 and 2, 127 (8), 127b, title and para. 1 to 3, 132 (1) (3) and (164) (2), and the title of 3. Subsection of Section III of the Second Part in the version of the Federal Law BGBl. I No 142/2004;

2.

Retroactive with 1 July 2004 § 145 para. 5 Z 3 lit. e and paragraph 7b in the version of the Federal Law BGBl. I No 142/2004;

3.

Retroactive with 1. January 2004 § 298 (11) to (13b) and (18) in the version of the Federal Law BGBl. I No 142/2004.

(2) § § 25a (2) and (156a) shall expire at the end of 31 December 2004.

(2a) § 298 Para. 13b occurs with 1. Jänner 2004 out of force.

(3) To persons who are before the 1. Jänner, born in 1955, is § 3 para. 3 in the version of the Federal Law BGBl. I n ° 142/2004; for these persons, § § 116 and 116a shall continue to apply in the version in force on 31 December 2004.

(4) By way of derogation from § 27e Z 2 in the version of the Federal Law BGBl. I n ° 142/2004, the contributions for sub-insured persons in accordance with Section 3 (3) (3) (4) (4) are to be paid in equal parts from the funds of the Family Law Equalization Fund and from the Federal Government's funds in the years 2005 to 2009 inclusive.

(5) By way of derogation from Article 29 (1), the amount to be paid in the calendar year 2005 shall be 4.25% of the service to be paid, if it is a direct pension with a deadline in 2004 or a survivor's pension , which is derived from a pension with a reference date in 2004.

(6) § 32a paragraph 1 second sentence in the version of the Federal Law BGBl. I No 142/2004 shall not apply to persons who were born after 31 December 1954. To the extent that such persons 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.

(6a) § 34 (1) in the version applicable until the end of 31 December 2004 remains for financial years prior to the 1st of December 2004. January 2005, continue to apply.

(7) By way of derogation from Section 116 (7) in the version of the Federal Law BGBl. I n ° 142/2004, after 31 December 2004, the months of the visit of an educational institution under this provision shall continue to be the insurance months for the fulfilment of the waiting period for benefits arising from the insurance case of death. consideration.

(8) § 127b (1) and (2) in the version in force on 31 December 2004 shall continue to apply to contributions for periods of contributions before the 1. Jänner 2005.

(9) By way of derogation from Section 130 (1) of the version in force on 31 December 2004, the case salter for female insured persons is determined by the 60. Year of life on or after 1. Jänner 2024 complete, according to § 3 of the Federal Constitutional Law on different age limits of male and female social insurance companies, BGBl. No. 832/1992.

(10) § 298 (12) is also to the male insured person, who after 30 June 1950 and before the 1. Jänner, born in 1955, and on female insured persons, who were born after 30 June 1955 and before 1. Jänner 1960, born in 1960, as follows: If the date of birth is in the period mentioned in the left-hand column, the following shall be applied:

1.

in the case of male insured persons in the place of the 738. Life is not the 60. Year of life, but the year of life mentioned in the right column:

-

1 July 1950 to 31 December 1950 ........................ 60.5. Year of life;

-

1 January 1951 to 31 December 1951 .................... 61. Year of life;

-

1 January 1952 to 31 December 1952 .................... 62. Year of life;

-

1 January 1953 to 31 December 1953 .................... 63. Year of life;

-

1 January 1954 to 31 December 1954 .................... 64. Year of life;

2.

in the case of female insured persons, to replace the 678. Life is not the 55. Year of life, but the year of life mentioned in the right column:

-

1 July 1955 to 31 December 1955 ........................ 55.5. Year of life;

-

1 January 1956 to 31 December 1956 .................... 56. Year of life;

-

1 January 1957 to 31 December 1957 .................... 57. Year of life;

-

1 January 1958 to 31 December 1958 .................... 58. Year of life;

-

1 January 1959 to 31 December 1959 .................... 59. Life Year. "

Article 4

Amendment of the Federal Act on the Social Security of freelancers of self-employed persons

The Federal Act on the Social Security of self-employed persons in employment, BGBl. N ° 624/1978, as last amended by the Federal Law BGBl. I n ° 5/2002, shall be amended as follows:

1. In § 8, the first sentence, the expression: "20 vH" by the expression "22.8%" replaced.

2. § 8 second sentence is replaced by the following sentences:

" Of this, the insured 20% and the federal government account for 2.8% as partner performance. Section 33 (9) of the GSVG is to be applied. "

3. § 9 reads:

" § 9. § 34 GSVG shall be applied in such a way that the expenses under this Federal Act and under the revenues are also to be understood as the income under this Federal Law. "

4. According to § 21g, the following § 21h with headline is inserted:

" Final determination on Art. 4 of the Federal Law BGBl. I No 142/2004

§ 21h. § § 8 and 9 in the version of the Federal Law BGBl. I n ° 142/2004 shall enter into force 1. Jänner 2005 in Kraft. "

Article 5

Amendment of the Farmers ' Social Security Act (28). Novelle to the BSVG)

The farmers social security law, BGBl. N ° 559/1978, as last amended by the Federal Law BGBl. I No 106/2004, shall be amended as follows:

1. § 1a together with the headline is:

" Scope of pension insurance benefits

§ 1a. (1) For persons who are insured for the first time after 31 December 2004 in the pension insurance scheme under this or another federal law, Section III of the second part is to be applied only as far as the General Pensions Act (APG), BGBl. I n ° 142/2004, nothing else.

(2) Persons born after 31 December 1954 and having acquired at least one month of insurance under this or another federal law by the end of 31 December 2004 shall be subject to the provisions of Section III of the Second The part and section II of the Fifth Part shall be applied only as far as the APG shall not determine otherwise. "

(2) The previous § 1a and title shall be given the title "§ 1b" .

3. In accordance with § 4, the following § 4a and title shall be inserted:

" Sub-insurance in pension insurance

§ 4a. In addition, pension insurance is subject to compulsory insurance:

1.

Persons according to the Wehrgesetz 2001

a)

providing a presence or training service;

b)

provide a temporary service as a temporary soldier with a commitment period of at least one year;

if they were last insured under this federal law, but not according to the ASVG, GSVG or FSVG, and do not fall under Section 8 (1) (5) of the ASVG;

2.

Persons who, under the Civil Service Act, provide ordinary or extraordinary civil service or a foreign service pursuant to Section 12b of the Civil Service Act, if they are last in accordance with this Federal Act, but not according to the ASVG, GSVG or FSVG pension insurance;

3.

persons receiving transitional allowance under this Federal Act, if they are not insured under Section 2 (6);

4.

Persons who have their children (§ 107a (2)) in the first 48 calendar months after birth or, in the case of a multiple birth, their children in the first 60 calendar months after the birth in fact and predominantly within the meaning of § 107a (4) to (7) , if they were last subject to pension insurance under this Federal Act, but not according to the ASVG, GSVG or FSVG. "

4. In accordance with Section 6 (3), the following paragraph 3a is inserted:

" (3a) By way of derogation from paragraph 3, the pension insurance scheme shall begin in accordance with § 4a

1.

in the case of the persons referred to in § 4a Z 1, the day on which the presence or training service is to be provided;

2.

in the case of the persons referred to in § 4a Z 2, the day on which the civil service or foreign service is to be employed;

3.

in the case of the persons referred to in § 4a Z 3, the day from which the transitional allowance is made;

4.

in the case of persons referred to in § 4a Z 4

-

with the calendar month following the birth of the child,

-

with the calendar month in which the adoption of the child takes place or the taking-over of free care takes place. "

5. In accordance with Section 7 (3), the following paragraph 3a is inserted:

" (3a) By way of derogation from paragraph 3, the pension insurance of the persons referred to in § 6 (3a) shall end with the omission of the operative event for the insurance, with the pension insurance in accordance with Section 4a Z 2 in any case after 14 months of the insurance. International service ends and the end of the pension insurance according to § 4a Z 4 is governed by the provisions of § 107a (3). "

6. In accordance with § 10, the following § 10a and title shall be inserted:

" Subsequent self-insurance in the pension insurance for periods of visit of an educational institution

§ 10a. (1) Persons who have attended an educational institution referred to in § 107 (7) may subsequently be eligible for all or individual months of the visit to an insurance institution where at least one insurance month has been acquired. Education institution self-insure upon application in the pension insurance scheme.

(2) The application for self-insurance may be filed until the deadline (§ 104 (2)). If the right to self-insurance is determined only after the date of the closing date in a procedure initiated before the date of the closing date, the contributions to the self-insurance may also be effectively paid after the date of the deadline.

(3) The duration of the self-insurance may not exceed the maximum limits specified in § 107 (7) for the consideration as replacement times. "

7. In § 12 (1), the following sentence shall be inserted after the first sentence:

"This does not apply to cases of supposed sub-insurance in the pension insurance pursuant to § 4a."

8. The following paragraph 5 is added to § 16:

" (5) The reporting requirements are

1.

for the presence or training service provided pursuant to § 4a Z 1, the Federal Ministry of Defence;

2.

for the civil or foreign service providers under Section 4a (2) (2), to the Federal Ministry of the Interior;

3.

for persons who are insured under Section 4a (3) (3) of the transitional allowance, the accident insurance or pension insurance institution;

4.

for the educators who are insured pursuant to § 4a Z 4, the health insurance institution. "

9. § 23 para. 10 lit. a is:

" (a)

for the compulsory insured persons pursuant to § 2 (1) (1) (1) (1) or (3) with the exception of the in (c) insured monthly

aa)

in the pension insurance scheme, the amount referred to in Article 5 (2) (2) (2) of the ASVG (minimum contribution basis),

off)

in the sickness and accident insurance € 583,48 (minimum contribution basis);

in the case of the option referred to in paragraph 1a, for the contribution basis referred to in paragraph 4

ba)

in the pension insurance scheme, the amount referred to in Article 5 (2) (2) (2) of the ASVG (minimum contribution basis),

bb)

in sickness and accident insurance 1 096,42 € (minimum contribution basis).

To the place of the in the sublit. (aa) and (ba) shall be taken from 1 January 2006, the amounts involved (§ 45) in force for the years 2005 and 2006, as well as the amounts involved in the first year of 2006 and the first of 1. Every other year, the amounts multiplied by the respective utilization number (§ 45) on the basis of § 47 shall be taken under the acceptance of Section 47. To the place of the in the sublit. ab and bb above shall be deducted from 1. Each year, the amounts multiplied by the respective utilization number (§ 45) under § 47 of each year shall be the amounts multiplied. "

10. In accordance with § 23, the following § 23a and heading is inserted:

" Contribution basis in special cases

§ 23a. The contribution basis for the mandatory insured persons according to § 4 Z 1 lit. a, 2 and 4 is the amount of € 1 350, the contribution basis for the compulsory insured persons according to § 4a Z 3 is the transitional allowance. Basis of contribution for the according to § 4a Z 1 lit. A period of at least one year shall be subject to a commitment period of at least one year: 133% of the monthly salary, the grade of service, the monthly premium, the remuneration, the remuneration and the training allowance and the recognition premium. "

11. § 24 (2) reads:

" (2) The compulsory insured persons in the pension insurance scheme shall contribute 22.8% of the contribution basis for the duration of compulsory insurance. This post will be applied

1.

by the performance of the compulsory insured persons in the amount of the following percentages of the contribution basis:

-

from 1. Jänner 2005 14.5%,

-

from 1. Jänner 2006 14.75%,

-

from 1. Jänner 2007 15%,

2.

by a performance from the tax revenue of the compulsory insured persons in the amount of the following percentages of the contribution basis:

-

from 1. Jänner 2005 8.3%,

-

from 1. January 2006 8.05%,

-

from 1. Jänner 2007 7.8%.

The partner performance in accordance with Z 2 bears the Federal Government; it has to confront the insurance institution on a monthly basis to the extent that it is necessary to pay for the Federal Government's cash register. "

12. In § 24 (3) the expression " 2 " by the expression " 2 Z 1 " replaced; the following sentence is added:

"The percentage referred to in paragraph 2 (2) shall be increased in such a way that a total of 22.8% will be achieved."

13. The following sentence shall be added to section 24 (4):

"If, as a result, the percentage according to paragraph 2 Z 1 changes, the percentage according to paragraph 2 Z 2 shall be increased in such a way that a total of 22.8% will be achieved."

14. According to § 24d, the following § 24e and heading is inserted:

" Contribution for partial insured persons in pension insurance

§ 24e. The contributions for sub-insured persons according to § 4a are to be calculated with 22.8% of the contribution basis (§ 23a). These contributions shall be borne

1.

for sub-insured persons according to § 4a Z 1 lit. a and Z 2 and 3 from the federal government;

1a.

for sub-insured persons according to § 4a Z 1 lit. b from funds of the Federal Ministry for National Defence;

2.

for partial insured persons in accordance with § 4a Z 4 to 75% from funds of the Family Cargo Compensation Fund and 25% from federal funds. "

15. In accordance with § 27, the following § 27a and heading is inserted:

" Contribution basis for self-insured persons according to § 10a

§ 27a. The monthly contribution basis for self-insured persons according to § 10a amounts to

1.

for the periods of the visit of a university, an art academy or the art college and the compulsory education required for the future completed higher education required in section 107 (7) of the date of the visit to the twenties,

2.

for the other periods referred to in Article 107 (7), ten times

the maximum contribution basis in the pension insurance in accordance with Article 45 (1) of the ASVG in the time of the contribution payment. In the case of payment of the contribution after the completion of the 40. The life year of the insured person shall multiply the contribution basis by a factor of 1.12, and shall be replaced by this factor after the completion of the 45. Life year of factor 1.34, after completion of the 50. Life year of factor 1.66, after completion of the 55. Life year of factor 2.22 and after completion of 60. Life year of factor 2.34. "

16. § 31 reads:

" § 31. (1) In the pension insurance pursuant to this Federal Act, the Federal Government shall make a contribution for each financial year in the amount of the amount by which the expenses exceed the revenues. In this case, the expenses are the compensatory allowances and the benefits for prisoners of war under the War Prisoner Compensation Act, BGBl. I n ° 142/2000, and in the case of the proceeds of the federal contribution as well as the proceeds for compensatory allowances and for the benefits for prisoners of war under the Prisoner of War Prisoners Act.

(2) The Federal Government shall contribute to the accident insurance for each financial year in the amount of one third of the contributions due for this year pursuant to § 30 (1) and (6) and in the amount of one third of the contributions paid in this financial year. Contributions in accordance with § 30 (3).

(3) The federal government's contribution due to the insurance institution pursuant to para. 1 and 2 is to be paid monthly to the extent necessary to the federal state of the federal government. "

17. In the title to § 45, the expressions are deleted "Contribution load factor," and "and value compensation" .

18. In § 45, the first sentence, the expression " , the recovery factors, the contribution burden factor and the adjustment policy value " by the expression "and the recovery factors" replaced; the expression "and value compensation" No.

19. § 106 (1) (3) is:

" 3.

Periods of voluntary insurance if the contributions have been paid within 12 months of the end of the calendar month for which they are to apply or on the basis of subsequent self-assurance pursuant to Section 10a; "

20. The heading to § 107 is:

" Spare times before the 1. Jänner 2005 "

21. In § 107 (1), introductory sentence and para. 7, first sentence, after the expression: "Spare time" each expression " before the 1. Jänner 2005 " inserted.

22. The title to § 107a reads:

" Replacement times for periods of child-rearing from the period after 31 December 1955 and before 1. Jänner 2005 "

23. In § 107a (1), after the expression "31 December 1955" the expression " and before the 1. Jänner 2005 " inserted.

23a. The following sentence is added to § 107a (1):

"In the case of a multiple birth, this period shall be extended to 60 calendar months."

23b. In § 107a (3), first sentence, after the expression "48-calendar month-deadline" each of the brackets "(60-calendar month-deadline)" inserted.

24. § 107a (3) second sentence is deleted.

25. In § 109 para. 2, the point at the end of the lit. h replaced by a stroke; the following lit. i shall be added:

" (i)

on contributions to be paid in accordance with Section 24e of the Federal Government or a public fund. "

26. In § 110 Z 1 second sentence, the expression "Compulsory insurance contribution period" by the expression "Contribution period of compulsory insurance as a result of an employment" and the expression "spare time" by the expression "Replacement time and period of compulsory insurance according to § 4a" replaced.

27. In § 110a (1) the expression "Contribution month of compulsory insurance" by the expression "Member month of compulsory insurance on the basis of an employment" , the expression "performance-effective replacement month with the exception of replacement months according to § § 107a and 107b" by the expression "performance-effective replacement month-with the exception of replacement months according to § § 107a and 107b-as well as month of compulsory insurance pursuant to § 4a" replaced.

28. In § 110a (2), the expression "Contribution month of compulsory insurance" by the expression "Contribution month of compulsory insurance due to gainful employment" and the expression "Replacement month in accordance with § § 107a and 107b, which must be considered as a contribution month (compulsory insurance)," by the expression "Replacement month in accordance with § § 107a and 107b, which must be considered as a month of contributions (compulsory insurance), as well as month of compulsory insurance pursuant to § 4a" replaced.

29. In § 118 (8) the term " "and to multiply the contribution burden factor (§ 45) corresponding to their time storage" .

30. In the title to § 118b, the term " "Credit for the higher insurance or" .

31. § 118b (1) to (3) are:

" (1) In a calendar year

1.

in the case of one or more gainful employment under this Federal Law, or

2.

in the case of one or more occupations giving rise to compulsory insurance under the ASVG, and one or more gainful employment which is based on compulsory insurance under this Federal Act, or

3.

in the case of one or more of the compulsory insurance under the GSVG and in the case of gainful employment based on this Federal Act

the sum of all contribution bases of compulsory insurance-including the special payments-the sum of the monthly maximum contribution bases in accordance with § 48 GSVG for the contribution months of compulsory insurance in the calendar year on the basis of a The insured person shall be entitled to the reimbursement of contributions under the terms of para. 2 and 3. In the case of employment, the insured person shall be entitled to the reimbursement of contributions paid only once.

(2) In the event of a benefit from the insurance cases of the age or invalidity of the insured person, the insured person shall be reimbursed by the Office of the Office of the European Parliament:

1.

the amount of contributions to be exceeded in accordance with the ASVG at the level of half the amount,

2.

the total amount of contributions to be exceeded in accordance with Article 27 (2) (1) of the GSVG, or in accordance with § 8 of the FSVG, and

3.

the amount of contributions to be exceeded in accordance with this Federal Act at the level in which the contributions are to be borne by the insured person,

In each case, it is upgraded with the recovery factor corresponding to the time storage (§ 45). However, if the APG is to be applied, only the exceeding amount shall be reimbursed in accordance with Section 12 (1), second sentence, APG.

(3) The contributions to the exceeding amount shall also be reimbursed on request before the performance of the performance referred to in paragraph 2. The provisions of paragraph 2 shall apply mutaly to the reimbursement of contributions. "

32. In § 123 (1) Z 3, the expression "according to this federal law, or according to the Industrial Social Security Act or the Farmers-Social Security Act" by the expression "pursuant to this or any other federal law, with the exception of the retirement pension pursuant to § 4 paragraph 2 APG," replaced.

33. In § 136 (5) Z 3 lit. e is after the expression "1972," the expression " the Federal Data Protection Act, BGBl. I No 64/1997, " inserted.

34. In accordance with § 136 (7a), the following paragraph 7b is inserted:

" (7b) In addition to the widower's (widower) pension, a pension pursuant to section 5 (3) and (4) shall also be due, the increase in accordance with paragraph 6 to the maximum permissible extent shall be due first to the higher performance. If (6a) and (7a) are to be applied in the case of two or more widows (widows), the pension shall be reduced starting with the lower pension in each case. "

35. In the heading to the 3. Subsection of section III of the second part is omitted. "and value compensation" .

36. § 147a is repealed.

37. § 156 (2) third sentence is deleted.

38. § 287 (11), first sentence reads:

" In the case of paragraph 10, in which an early retirement pension has been omitted in accordance with Section 122 (2), the benefit is to be restated on the basis of the attainment of the regular retirement age; the performance is for each month in which the premature retirement pension is Age erosion has fallen away, to increase 0.55%. "

39. In § 287 (11), second sentence, the expression "Decrease" by the expression "Performance" replaced.

40. § 287 (12) reads as follows:

" (12) On male insured persons born before 1 July 1950 and to female insured persons born before 1 July 1955, the provisions on early retirement at long periods of 31 December 2003 applicable to long periods of time shall be Period of insurance-with the exception of § § 46 (1), 113, 114, 130 and 134-to be applied in such a way that, by way of derogation from § 122 (1)

1.

to the place of the 738. Lifesmonate the 60. When and as soon as the insured person has acquired 540 months of contributions,

2.

to the place of the 678. Lifesmonate the 55. when and as soon as the insured person has acquired 480 months of contributions;

§ 110 Z 1 shall apply, with the proviso that periods of voluntary insurance shall take account of the replacement periods; furthermore, account shall be taken of the following months of contributions:

-

up to 60 replacement months for periods of child-rearing (§ § 107a or 107b of this Federal Act or § § 227a or 228a ASVG or § § 116a or 116b GSVG), which do not coincide with contribution months,

-

Replacement months due to a claim for a weekly allowance (§ 227 (1) Z 3 of the ASVG), which are not covered by replacement months according to § 227a ASVG or § 228a ASVG,

-

up to 30 replacement months for periods of a presence or civil service (Section 107 (1) Z 3 of this Federal Act or § 227 (1) Z 7 and 8 ASVG or § 116 para. 1 Z 3 GSVG).

Section 130 (2) in the version of the Federal Law BGBl. By way of derogation from the first sentence of paragraph 14, I n ° 71/2003 shall apply in such a way that the extent of 1.78 points of increase until the end of 2007 is due to two points of increase, by 1.95 points of increase in 2008, by 1.90 in 2009 Increase points and in 2010 will be replaced by 1.85 points of increase; paragraph 14, second sentence and third sentence are to be applied. Section 130 (4) in the version of the Federal Law BGBl. I No 71/2003 shall not apply if the conditions for eligibility-with the exception of the absence of a paid-up activity on the cut-off date (Section 122 (1) Z 4)-are fulfilled by the end of 31 December 2007 . From 1. Jänner 2008 is § 130 (4) in the version of the Federal Law BGBl. I No 71/2003 shall apply in such a way as to replace the standard-penitentiary age with the relevant default age for early retirement for a long period of insurance; paragraph 11 shall apply accordingly. The legal force of past decisions is not against that. "

41. § 287 (13) reads:

" (13) Persons who meet the eligibility requirements for early retirement with a long period of insurance pursuant to paragraph 12-with the exception of the condition of the absence of an employment based on compulsory insurance on the cut-off date (Section 122 (1)) Z 4)-in one of the calendar years referred to in the last sentence of paragraph 12, the points of increase listed for each calendar year shall be maintained; the legal force of any decisions already taken shall not be contrary to that. "

(42) § 287 (13a) reads:

" (13a) (12) is also referred to as the male insured person, who after 30 June 1950 and before the 1. January 1959 and on female insured persons, who after 30 June 1955 and before 1. Jänner born in 1964, when the personal work of the insured person was necessary to maintain the holding and the insured person (s) insured more than half of the months of the contribution due to activities carried out under the supervision of the have been provided physically or psychologically particularly stressful conditions (§ 607 para. 14 ASVG). "

43. § 287 (13b) is repealed.

43a. In § 287 (18), second sentence, the expression "is § 262 para. 9a" by the expression " are the § § 108 (8) last sentence of the ASVG and 262 para. replaced.

44. § 287 (18) last sentence is replaced by the following sentences:

" If the new pension in the given calendar year is more than the percentage referred to in the left-hand column lower than the comparison, the percentage of the comparison price referred to in the right-hand column shall be considered as the pension due:

-

in 2004: 5% ............ 95%,

-

in 2005: 5.25% ....... 94.75%,

-

in 2006: 5.50% ....... 94.50%,

-

in 2007: 5.75% ....... 94.25%,

-

in 2008: 6% ............ 94%,

-

in 2009: 6.25% ....... 93.75%,

-

in 2010: 6.50% ....... 93.50%,

-

in 2011: 6.75% ....... 93.25%,

-

in 2012: 7% ............ 93%,

-

in 2013: 7.25% ....... 92.75%,

-

in 2014: 7.50% ....... 92.50%,

-

in 2015: 7.75% ....... 92.25%,

-

in 2016: 8% ............ 92%,

-

in 2017: 8.25% ....... 91.75%,

-

in 2018: 8.50% ....... 91.50%,

-

in 2019: 8.75% ....... 91.25%,

-

in 2020: 9% ............ 91%,

-

in 2021: 9.25% ....... 90.75%,

-

in 2022: 9.50% ....... 90,50%;

-

in 2023: 9.75% ....... 90.25%,

-

from 2024: 10% ... 90%.

The legal force of past decisions is not contrary to that. Persons who meet the eligibility requirements for an age pension (pension age pension) or an early retirement pension for a long period of insurance (early retirement age pension for a long period of insurance)-with the exception of the The absence of an employment on the cut-off date (§ 122 (1) Z 4), which is based on the absence of compulsory insurance, in one of the preceding calendar years, shall be maintained in respect of the percentages allocated to the calendar year concerned. "

45. In accordance with § 294, the following § 295 and heading is added:

" Final provisions on Art. 5 of the Federal Law BGBl. I n ° 142/2004 (28) Novelle)

§ 295. (1) It shall enter into force:

1.

with 1. January 2005 § § 1a with title, 1b, 4a with title, 6 para. 3a, 7 para. 3a, 10a with title, 12 para. 1, 16 para. 5, 23a with headline, 24 para. 2 to 4, 24e with headline, 27a including headline, 31, 45 with headline, 106 para. 1 Z 3, 107, title and para. 1 and 7, 107a, title and para. 1 and 3, 109 para. 2 lit. h and i, 110 Z 1, 110a para. 1 and 2, 118 para. 8, 118b title and para. 1 to 3, 123 para. 1 Z 3, 156 para. 2 as well as the heading to the 3. Subsection of Section III of the Second Part and the Z 3.4 in Appendix 2 in the version of the Federal Law BGBl. I No 142/2004;

2.

with 1. Jänner 2006 § 23 para. 10 lit. a in the version of the Federal Law BGBl. I No 142/2004;

3.

Retroactive effect with 1 July 2004 § 136 para. 5 Z 3 lit. e and paragraph 7b in the version of the Federal Law BGBl. I No 142/2004;

4.

Retroactive with 1. Jänner 2004 § 287 (11) to (13b) and (18) in the version of the Federal Law BGBl. I No 142/2004.

(2) § 147a shall expire on 31 December 2004.

(2a) § 287 (13b) shall take the form of 1. Jänner 2004 out of force.

(3) To persons who are before the 1. Jänner, born in 1955, is § 4a in the version of the Federal Law BGBl. I n ° 142/2004; these persons continue to be subject to § § 107 and 107a in the version in force on 31 December 2004.

(4) By way of derogation from § 23 para. 10 lit. a in the version of the Federal Law BGBl. In the calendar year 2006, I n ° 142/2004, the minimum contribution basis is sublit. aa of the quoted destination 449,84 € and sublit. 1 133.45 €, in each case multiplied by the recovery figures applicable for the years 2005 and 2006 (§ 45).

(5) By way of derogation from § 24e in the version of the Federal Law BGBl. I n ° 142/2004, the contributions for sub-insured persons according to § 4a Z 4 in the years 2005 to 2009 are to be paid in equal parts from the funds of the Family Fund Compensation Fund and from federal funds.

(6) § 27a, second sentence, in the version of the Federal Law BGBl. I No 142/2004 shall not apply to persons who were born after 31 December 1954. To the extent that such persons 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.

(6a) § 31 (2) in the version valid until the end of 31 December 2004 remains for financial years before the 1. January 2005, continue to apply.

(7) By way of derogation from § 107 (7) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 142/2004, after 31 December 2004, the months of the visit of an educational institution under this provision shall continue to be the insurance months for the fulfilment of the waiting period for benefits arising from the insurance case of death. consideration.

(8) § 118b (1) and (2) in the version in force on 31 December 2004 shall continue to apply to contributions for periods of contributions before the 1. Jänner 2005.

(9) By way of derogation from Section 121 (1) of the version in force on 31 December 2004, the case age for female insured persons is determined by the age of 60. Year of life on or after 1. Jänner 2024 complete, according to § 3 of the Federal Constitutional Law on different age limits of male and female social insurance companies, BGBl. No. 832/1992.

(10) The Annex 2 in the version of the Federal Law BGBl. I No 142/2004 shall apply for the first time in respect of the 2004 contribution year.

(11) § 287 (12) is also to the male insured person, who after 30 June 1950 and before the 1. Jänner, born in 1955, and on female insured persons, who were born after 30 June 1955 and before 1. Jänner 1960, born in 1960, as follows: If the date of birth is in the period mentioned in the left-hand column, the following shall be applied:

1.

in the case of male insured persons in the place of the 738. Life is not the 60. Year of life, but the year of life mentioned in the right column:

-

1 July 1950 to 31 December 1950 ........................ 60.5. Year of life;

-

1 January 1951 to 31 December 1951 .................... 61. Year of life;

-

1 January 1952 to 31 December 1952 .................... 62. Year of life;

-

1 January 1953 to 31 December 1953 .................... 63. Year of life;

-

1 January 1954 to 31 December 1954 .................... 64. Year of life;

2.

in the case of female insured persons, to replace the 678. Life is not the 55. Year of life, but the year of life mentioned in the right column:

-

1 July 1955 to 31 December 1955 ........................ 55.5. Year of life;

-

1 January 1956 to 31 December 1956 .................... 56. Year of life;

-

1 January 1957 to 31 December 1957 .................... 57. Year of life;

-

1 January 1958 to 31 December 1958 .................... 58. Year of life;

-

1 January 1959 to 31 December 1959 .................... 59. Life Year. "

46. The Z 3.4 in Appendix 2 is:

" 3.4

Fleet services as well as rent and hire Section 23 (1) Z 3

of horse riding animals (§ 2 para. 4 Z 5 and 6 GewO 1994) "

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 ° 77/2004, shall be amended as follows:

1. § 1 (1) (lit). g is:

" (g)

Persons who are in an administrative internship within the meaning of Section Ia of the Contract Order Act 1948, BGBl. N ° 86, "

2. § 6 reads:

" § 6. (1) As cash benefits from unemployment insurance are granted:

1.

Unemployment benefit;

2.

Emergency assistance;

3.

the advance of benefits from pension insurance;

4.

Training allowance;

5.

old part-time allowance;

6.

Transitional allowance after part-time period;

7.

Transitional allowance.

(2) Insurance from the unemployment insurance scheme shall be granted:

1.

sickness insurance for recipients of benefits under subsection (1) (1) to (4) and (6) and (7);

2.

Accident insurance for recipients of benefits pursuant to paragraphs 1, Z 1, 2 and 4 in accordance with § 40a;

3.

Pension insurance for recipients of benefits under subsection 1 Z 1, 2, 4, 6 and 7;

4.

Pension insurance for persons who do not receive emergency assistance solely on account of the income of the partner or of the partner.

(3) Insurance from unemployment insurance funds shall be granted:

1.

Health insurance, accident insurance and pension insurance for recipients of an allowance to cover the life of the person in accordance with the Labour Market Service Act (AMSG), BGBl. No 313/1994;

2.

Health insurance for employees and the unemployed in the event of child-related death and with the assistance of severely ill children in accordance with § § 29 to 32.

(4) As insurance companies from federal funds are granted:

Pension insurance for employees and the unemployed in the event of death accompanied by and accompanied by severely ill children in accordance with § § 29 to 32. "

3. § 16 para. 1 lit. b is deleted.

4. § 22 (1) reads:

" (1) unemployed persons who have a performance from one of the insurance cases of the old age from pension insurance under the General Pension Act (APG), BGBl. I n ° 142/2004, the General Social Security Act (ASVG), the Industrial Social Security Act (GSVG), BGBl. No 560/1978, the Farmers-Social Insurance Act (BSVG) or the Federal Act on the Social Security of freelancers (FSVG), Federal Law Gazette (BGBl). No. 624/1978, a special ruhegeld according to the Night Shift Heavy Labor Act (NSchG), BGBl. No 354/1981, or receive a rest from a service relationship with a public-law body, or satisfy the eligibility requirements for a pension from one of the insurance cases of age, have no right to Unemployment benefit. However, for persons who have not resolved the last service either by themselves or by mutual agreement, the fulfilment of the eligibility requirements for a Korridorpension pursuant to Section 4 (2) of the APG is entitled to benefits under this Federal law for the period of one year, not to meet the eligibility requirements for an early retirement pension for long periods of insurance. "

5. In § 23 (1) (2) and Article 36 (8), the following shall be stated before the expression: "the General Social Security Act" the expression "the General Pensions Act," inserted.

6. In § 26 (7), before the expression "§ 24" the expression "§ 22 (exclusion in the case of entitlement to retirement pension)," inserted.

7. In Article 27 (2), the term of introduction shall be the following: "Minimum age for an age pension" by the expression "Rule pensive age" replaced.

8. § 29 (2), first sentence reads:

" If the compulsory insurance consists only on the basis of the first paragraph of this article, the basis of contribution for the health insurance is the right rate according to § 293 para. 1 lit. a sublit. bb ASVG and as a basis for the pension insurance of the amount referred to in § 44 (1) Z 18 ASVG. "

9. § 29 (5) reads:

" (5) The contributions to sickness and pension insurance in accordance with para. 1 to be calculated pursuant to paragraph 2 of this Article and the contribution to the increase in the amount referred to in paragraph 3 above are,

1.

as far as health insurance contributions are concerned, from unemployment insurance funds, and,

2.

as far as pension insurance contributions are concerned, the federal government

, and to be deducted annually in retrospect. "

Section 32 (1) second sentence reads as follows:

" The contribution to health insurance is 7.4 vH of the judge's sentence in accordance with § 293 para. 1 lit. a sublit. bb ASVG, the contribution to pension insurance 22.8 vH of the amount referred to in § 44 (1) Z 18 of the ASVG. "

Section 32 (4) reads as follows:

" (4) The contributions to sickness and pension insurance as referred to in paragraph 1 are:

1.

as far as health insurance contributions are concerned, from unemployment insurance funds, and,

2.

as far as pension insurance contributions are concerned, the federal government

, and to be deducted annually in retrospect. "

12. § 34 is together with headline:

" Pension insurance claim

§ 34. Those who are not entitled to emergency assistance due to the consideration of the income of the spouse (the spouse, the partner, the partner of the life) due to the lack of a state of emergency shall have no right to emergency assistance for the duration of the fulfilment of the remaining conditions. for the provision of emergency assistance to pension insurance as during the receipt of emergency assistance. In particular, § 7, with the exception of Section 1 (2) and (3), and § § 8 to 13, 16, 17, 22, 24, 46, 47, 49 and 50, shall apply to the right to pension insurance, with the proviso that the unemployment allowance shall be replaced by the following: Pension insurance claim. In assessing whether the conditions for the continuation of emergency assistance are fulfilled in accordance with § 37, periods of entitlement to pension insurance are to be equal to periods of the covering of emergency assistance. Pension insurance shall be granted in each case for a certain period of time, but not over a period of 52 weeks. "

13. In § 36 (2), the expression " Section 33 (4) " by the expression " Section 33 (3) " replaced and added at the end of the following sentence:

"If sickness benefit is obtained instead of an emergency aid, this is only to be expected if the emergency aid would also be to be counted."

14. The following paragraphs 80 to 82 are added to § 79:

" (80) § 1 para. 1 lit. g in the version of the Federal Law BGBl. I n ° 142/2004 shall enter into force 1. Jänner 2004 in force.

(81) § § 6, 16 (1), 22 (1), 23 (1) Z 2, 27 (2), 29 (2) and (5), 32 (1) and (4), 36 (2) and (8), 82 (4) and (5) and 83 in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 142/2004 shall enter into force 1. Jänner 2005 in force.

(82) § 26 in the version of the Federal Law BGBl. I n ° 142/2004 shall enter into force 1. Jänner 2005 in force and applies to applications after 31 December 2004. § 34 in the version of the Federal Law BGBl. I n ° 142/2004 shall enter into force 1. Jänner 2005 in force and applies to claims made by persons, to § 8 para. 1 Z 2 lit. b ASVG in the version of the Federal Law BGBl. I n ° 142/2004 is to be applied after 31 December 2004. For the remaining cases, these provisions shall continue to apply in the version of the Federal Law BGBl. I No 77/2004. '

Section 82 (4) reads as follows:

" (4) The eligibility conditions for a performance from the statutory pension insurance from the insurance case of the age only on the basis of § 607 (12) and 14 of the ASVG, § 298 (12) and (13a) GSVG or § 287 (12) and (13a) of the BSVG and if such a benefit is not obtained, Section 27 (3) shall be entitled to the part-time allowance due to a part-time period agreement which is before the 1. Jänner 2005 has become effective, not against. In the case of partial-time agreements which have become effective at a later date, this shall only apply if the end of the duration of the part-time agreement is concluded on the basis of the anticipated earliest possible date at the time of the conclusion of the agreement. The pension date has been fixed. "

16. The following paragraph 5 is added to § 82:

" (5) The eligibility conditions for a benefit from the statutory pension insurance from the insurance case of the age pursuant to § 4 para. 2 or 3 APG are available and such a Corridorpension or heavy-duty employment is not , Article 27 (3) does not preclude the right to a part-time allowance for retirement benefits if the end of the period of validity of the part-time agreement is due to the anticipated earliest possible date at the time of conclusion of the agreement The pension date has been fixed. "

17. In accordance with § 82, the following § 83 is added:

" Evaluation

§ 83. The Federal Minister of Economics and Labour has to ensure that the effects of the amendment of Section 22 (1) by the Federal Act BGBl. I n ° 142/2004 until the end of 2007. "

Article 7

Amendment of the bridging aid law

The bridging aid law, BGBl. No 174/1963, as last amended by the Federal Law BGBl. I n ° 119/2002, is amended as follows:

(1) The following paragraph 3 is added to § 1:

" (3) If the conditions for entitlement to transitional allowance pursuant to Section 39a of the AlVG or the pension insurance claim in accordance with § 34 of the AlVG are fulfilled in the case of employment subject to unemployment insurance, a special condition shall be given in place of the transitional allowance. To provide a special pension insurance claim in lieu of the pension insurance claim in accordance with § 34 of the AlVG. To the extent that the arrangements for the transitional allowance correspond to the unemployment allowance, the special bridging aid shall apply to the provisions of this Federal Law for the bridging aid. In so far as the arrangements for the transitional allowance differ from the rules governing unemployment benefit, for example, with regard to the eligibility requirements and the level of benefit of the basic amount, the special bridging aid shall be the rules governing the Transitional allowance. "

2. In § 2 (1), after the expression "Advanced bridging help" the expression "as well as the special bridging aid and the special pension insurance claim" and after the expression "emergency aid" the expression "as well as the special bridging aid to the transitional allowance and the special pension insurance claim to the pension insurance claim in accordance with § 34 AlVG" inserted.

(3) In § 7, first sentence, after the expression: "Sickness insurance contributions" the expression "as well as pension insurance contributions for the special pension insurance claim" inserted.

(4) The following paragraph 3 is added to § 12:

" (3) § § 1 para. 3, 2 para. 1 and 7 in the version of the Federal Law BGBl. I n ° 142/2004 shall enter into force 1. Jänner 2005 in Kraft. "

Article 8

Amendment of the Official Services Act 1979

The Civil Service Law 1979, BGBl. No. 333, as last amended by the Federal Law BGBl. I n ° 130/2003, shall be amended as follows:

1. According to § 15a, the following § § 15b and 15c shall be inserted together with the headings:

" Retirement in the event of the existence of heavy working hours

§ 15b. (1) The official shall retire on his written request if, at the time of the effectiveness of the transfer into retirement, he or she retired after the completion of the 18. It has a total working time of 504 months, of which at least 180 months of heavy duty, has been completed. The retirement can take place for so many months before the date of completion of the 65. The following month's most important year will be the same as the division of the number of heavy duty months by the number four, but not before the completion of the 60. Year of life.

(2) A month of heavy duty is every calendar month in which there are at least 15 days of heavy work. The Federal Government has to determine with a regulation which psychological or physically particularly incriminating working conditions heavy labour is available.

(3) The official of the service, who shall be 59. It may request a modest determination of the number of its heavy-duty months on the last month following the one in which the application is submitted. This right of application shall be consumed with the legal force of the determination.

(4) Paragraph 15 (2) to (4) shall be applied mutatily.

Early retirement by declaration

§ 15c. (1) The official may, by written declaration to withdraw from the service, bring his retirement to retirement at the earliest with the end of the month in which he shall be 62. It shall be completed when, at the time of the retirement effectiveness, it has a total working time of 450 months in which to take up retirement.

(2) Paragraph 15 (2) to (4) shall be applied mutatily. "

2. In Section 75c, the expression in paragraph 1 and in paragraph 2 Z 3 shall be the expression of the expression " 30. Life Year " by the expression " 40. Life Year " replaced.

3. In § 164, the parenthesis shall be "(§ 15)" by the parenthesis expression "(§ § 15 and 15c)" replaced.

4. In accordance with § 207n (1), the following paragraph 2 is inserted:

"(2) A retirement pension pursuant to para. 1 shall be admissible only at the end of 31 July of a year or at the end of the last month after the end of a winter semester."

5. § 236b (1) reads:

" (1) § § 15 and 15a shall apply to civil servants born in the periods specified in the left column of the following table, subject to the condition that a retirement may be made by declaration or by officinal at the earliest. of the month in which the official shall be completed in the right-hand column of the table when he/she has, at the time of the effectiveness of retirement, a total of 40 years of contributions covered by a contribution:

up to and including 30 June 1950

60.

1 July 1950 to 31 December 1950

60.5.

1 January 1951 to 31 December 1951

61.

January 1 1952 to 31 December 1952

62.

1 January 1953 to 31 December 1953

63.

1 January 1954 to 31 December 1954

64. "

6. In Section 236b (7), the date shall be: "2 July 1949" by the date "31 December 1954" replaced.

7. The following paragraph 53 is added to § 284:

" (53) In the version of the Federal Law BGBl. I n ° 142/2004 enter into force:

1.

§ 15c together with the title, § 75c, § 164 and § 236b (1) and (7) with 1. Jänner 2005,

2.

Section 207n (2) with 1 September 2005,

3.

Section 15b, together with the title of 1. Jänner 2007. "

Article 9

Amendment of the salary law in 1956

The salary law in 1956, BGBl. N ° 54, as last amended by the Federal Law BGBl. I n ° 130/2003, shall be amended as follows:

1. In § 20c (3), the following Z 2 shall be replaced by Z 2 and 3:

" 2.

in accordance with § 13 BDG 1979 or § 99 of the Judge Service Act, BGBl. No 305/1961, retired or in accordance with § 15 or § 15a, in connection with § 236b or § 236c, in accordance with § 15b or § 15c BDG 1979 or in accordance with § 87 paragraph 1 (in connection with § 166d or § 166e) or § 87a of the Judge Service Act in the Retirement is offset. "

Section 20c (6) shall be repealed.

3. The following provisions shall be replaced by the provisions of Section 22 (1) and (2):

" (1) The official who is entitled to pension provision and who is not to be applied to Section XIV shall, unless otherwise provided by law, have a monthly pension in advance for each calendar month of his eligible federal service. Pension contribution payable.

(1a) The pension contribution shall be for officials of the years of birth indicated in the following table the percentage of the tax base as shown in the following table:

in place of the contribution rate of 12.55% for the month of 2004 for the monthly reference

instead of 11.05% of the contribution rate applicable to them in 2004 for the monthly reference

The contribution rate shall be for officials of the year of birth

for reference parts up to the monthly maximum contribution basis in accordance with § 45 ASVG

for reference parts above the monthly maximum contribution basis in accordance with § 45 ASVG

for reference parts up to the monthly maximum contribution basis in accordance with § 45 ASVG

for reference parts above the monthly maximum contribution basis in accordance with § 45 ASVG

1986 onwards

-

-

10.25%

0.00%

1985

-

-

10.25%

0.00%

1984

-

-

10.25%

0.00%

1983

-

-

10.32%

0.98%

1982

-

-

10.34%

1.23%

1981

-

-

10.36%

1.47%

1980

-

-

10.37%

1.72%

1979

-

-

10.39%

1.96%

1978

-

-

10.41%

2.21%

1977

-

-

10.43%

2.46%

1976

-

-

10.45%

2.70%

1975

-

-

10.68%

5.90%

1974

-

-

10.69%

6.12%

1973

-

-

10.71%

6.35%

1972

-

-

10.73%

6.57%

1971

-

-

10.74%

6.79%

1970

-

-

10.76%

7.01%

1969

-

-

10.77%

7.23%

1968

-

-

10.79%

7.45%

1967

-

-

10.81%

7.67%

1966

-

-

10.82%

7.89%

1965

-

-

10.84%

8.11%

1964

-

-

10.85%

8.33%

1963

-

-

10.87%

8.56%

1962

-

-

10.89%

8.78%

1961

-

-

10.90%

9.00%

1960

-

-

10.92%

9.22%

1959

12.21%

10.72%

10.93%

9.44%

1958

12.26%

10.79%

10.95%

9.66%

1957

12.31%

11.22%

10.97%

9.88%

1956

12.35%

11.47%

10.98%

10.10%

1955

12.40%

11.73%

11.00%

10.32%

The monthly maximum contribution basis in accordance with § 45 ASVG shall be three times the daily maximum contribution basis in accordance with Section 45 (1) of the ASVG.

(2) The tax base shall consist of:

1. (a)

the salary and

b)

which are declared to be capable of being held in a ruthless capacity,

which correspond to the official status of the official, and

2.

the qualifying secondary charges within the meaning of Section 59 (1) of the Pension Act 1965.

(2a) The pension contribution in the amount referred to in paragraph 1a shall also be paid by the official from the parts of the special payment corresponding to the cash benefits referred to in paragraph 2 (1) (1). If the special payment is not more than half of the corresponding monthly maximum contribution basis in accordance with Article 45 of the ASVG, the contribution rate shall apply to the entire special payment of the contribution rate for reference parts up to the monthly maximum contribution basis. If the special payment is higher than half the monthly maximum contribution basis in accordance with Article 45 of the ASVG, the part of the special payment shall be subject to up to half of the monthly maximum contribution basis for the reference parts up to the monthly maximum contribution basis the rate of contribution provided for the remainder of the special payment of the contribution rate laid down for reference parts above the monthly maximum contribution basis. "

(4) The following paragraph 15 is added to § 22:

" (15) On before 1. Jänner, born in 1955, are officials

1.

Section 22 of this Federal Act, as amended on 31 December 2004, and

2.

§ § 60 and 91 (11) and (12) of the Pension Act 1965 (PG 1965), BGBl. No 340, as in force on 31 December 2004,

continue to apply. This shall also apply to references to the provisions referred to in Z 1 and 2. "

5. The following paragraph 46 is added to § 175:

" (46) § 20c (3), § 22 (1a) to (2a) and (15) and the repeal of Section 20c (6) in the version of the Federal Law BGBl. I n ° 142/2004 shall enter into force 1. Jänner 2005 in Kraft. "

Article 10

Amendment of the Judge Service Act

The Judicial Service Act, BGBl. No. 305/1961, as last amended by the Federal Law BGBl. I n ° 130/2003, shall be amended as follows:

1. In § 75b, the expression in paragraph 1 and in section 2 Z 3 respectively the expression " 30. Life Year " by the expression " 40. Life Year " replaced.

2. In accordance with § 87, the following § 87a with headline is inserted:

" Early retirement on request

§ 87a . (1) The judge shall be placed on his application in the permanent retirement if he is 62. It has completed a full service life of 450 months at the time of the retirement effectiveness and has been retired.

(2) § 87 (2) shall be applied mutasensitily. "

§ 166d (1) reads as follows:

" (1) § 87 shall apply to judges who are born in the periods specified in the left column of the following table, subject to the condition that a retirement may be relocated by declaration at the earliest with the end of the month in which: the judge shall be completed in the right-hand column of the table when he/she has a total service period of 40 years covered by contributions at the time of effectiveness of the retirement pension:

up to and including 30 June 1950

60.

1 July 1950 to 31 December 1950

60.5.

1 January 1951 to 31 December 1951

61.

January 1 1952 to 31 December 1952

62.

1 January 1953 to 31 December 1953

63.

1 January 1954 to 31 December 1954

64. "

4. In § 166d paragraph 7, the quote becomes "2 July 1949" by quoting "31 December 1954" replaced.

5. The following paragraph 36 is added to § 173:

" (36) § 75b, § 87a together with the title and § 166d (1) and (7) in the version of the Federal Law BGBl. I n ° 142/2004 shall enter into force 1. Jänner 2005 in force.

Article 11

Amendment of the Landeslehrer-Dienstrechtsgesetz 1984

The Landeslehrer-Dienstrechtsgesetz 1984, BGBl. No. 302, as last amended by the Federal Law BGBl. I n ° 130/2003, shall be amended as follows:

1. According to Article 13a (1), the following paragraph 2 is inserted:

"(2) A retirement pension pursuant to para. 1 shall be admissible only at the end of 31 July of a year or at the end of the last month after the end of a winter semester."

2. In accordance with § 13b, the following § 13c with headline is inserted:

" Early Retirement by Statement

§ 13c. (1) The Land Teacher may, by written declaration to withdraw from the State of Service, bring his retirement to retirement at the earliest with the end of the month in which he shall be 62. It shall be completed as long as it has a total working time of 450 months, at the time of its retirement, in order to ensure that the retirement age is effective.

(2) Paragraph 13 (2) to (4) shall apply mutatily. "

3. In § 58c, the expression in paragraph 1 and in subsection 2 Z 3 respectively the expression " 30. Life Year " by the expression " 40. Life Year " replaced.

4. § 106 (2) Z 6 reads:

" 6.

the management of the pension account in accordance with Section XIII of the Pension Act 1965 by the service authorities according to § 2 shall be effected, "

5. § 115d (1) reads:

" (1) § § 13 and 13b shall apply to national teachers who are born in the periods specified in the left column of the following table, subject to the proviso that a retirement pension shall be made by declaration or by officia at the earliest. The end of the month in which the national teacher shall be completed in the right-hand column of the table when he/she is retired at the time of the effectiveness of the retirement pension of 40 years. has:

up to and including 30 June 1950

60.

1 July 1950 to 31 December 1950

60.5.

1 January 1951 to 31 December 1951

61.

January 1 1952 to 31 December 1952

62.

1 January 1953 to 31 December 1953

63.

1 January 1954 to 31 December 1954

64. "

6. In Section 115d (7), the quote shall be: "2 July 1949" by quoting "31 December 1954" replaced.

7. The following paragraph 46 is added to § 123:

" (46) In the version of the Federal Law BGBl. I n ° 142/2004 enter into force:

1.

§ 13c together with the title, § 58c, § 106 para. 2 Z 6 and § 115d para. 1 and 7 with 1. Jänner 2005,

2.

Section 13a (2) with 1 September 2005. "

Article 12

Amendment of the Land and Forest Law Teachers Service Law 1985

The Land and Forest Law Teachers Service Law 1985, BGBl. N ° 296, as last amended by the Federal Law BGBl. I n ° 130/2003, shall be amended as follows:

1. According to Article 13a (1), the following paragraph 2 is inserted:

"(2) A retirement pension pursuant to para. 1 shall be admissible only at the end of 31 July of a year or at the end of the last month after the end of a winter semester."

2. In accordance with § 13b, the following § 13c with headline is inserted:

" Early Retirement by Statement

§ 13c. (1) The teacher may, by written declaration to withdraw from the service, bring his retirement to retirement at the earliest with the end of the month in which he shall be 62. It shall be completed as long as it has a total working time of 450 months, at the time of its retirement, in order to ensure that the retirement age is effective.

(2) Paragraph 13 (2) to (4) shall apply mutatily. "

3. In Section 65c, the expression in paragraph 1 and in subsection 2 Z 3 shall be the expression of the expression " 30. Life Year " by the expression " 40. Life Year " replaced.

4. § 114 sec. 2 Z 6 reads:

" 6.

the management of the pension account in accordance with Section XIII of the Pension Act 1965 by the service authorities according to § 2 shall be effected, "

Section 124d (1) reads as follows:

" (1) § § 13 and 13b shall apply to teachers who are born in the periods specified in the left column of the following table, subject to the proviso that a retirement may be made by declaration or by officinal at the earliest. of the month in which the teacher is completed in the right-hand column of the table when he/she has a total service period of 40 years covered by the contribution at the time of effectiveness of the retirement pension:

up to and including 30 June 1950

60.

1 July 1950 to 31 December 1950

60.5.

1 January 1951 to 31 December 1951

61.

January 1 1952 to 31 December 1952

62.

1 January 1953 to 31 December 1953

63.

1 January 1954 to 31 December 1954

64. "

6. In § 124d paragraph 7, the quote becomes "2 July 1949" by quoting "31 December 1954" replaced.

7. The following paragraph 35 is added to § 127:

" (35) In the version of the Federal Law BGBl. I n ° 142/2004 enter into force:

1.

§ 13c together with the title, § 65c, § 114 sec. 2 Z 6 and § 124d para. 1 and 7 with 1. Jänner 2005,

2.

Section 13a (2) with 1 September 2005. "

Article 13

Amendment of the Contract Law Act 1948

The contract law of 1948, BGBl. N ° 86, as last amended by the Federal Law BGBl. I n ° 130/2003, shall be amended as follows:

Section 29e (1) and (2) (2) (3), respectively, shall state the expression " 30. Life Year " by the expression " 40. Life Year " replaced.

Article 14

Amendment of the Pension Act 1965

The Pension Act 1965, BGBl. N ° 340, as last amended by the Federal Law BGBl. I n ° 130/2003, shall be amended as follows:

(1) The following paragraph 14 is added to § 1:

" (14) On officials who have been admitted to the Federal Government under public service after 31 December 2004, they shall be replaced by those for the first time before the 1. In January 2005, civil servants admitted to the law on the right to contribute and benefit the corresponding social insurance legislation, in particular the ASVG and the General Pensions Act (APG), BGBl. I No 142/2004. The application of these social insurance legislation shall be carried out in accordance with the conditions laid down in Section XIV. "

2. § 4 (1) Z 1 last sentence reads:

"Special payments and eligible anceshare charges shall be disregarded."

3. The following provisions shall be replaced by the provisions of Section 5 (2) and (3):

" (2) For each month between the date of validity of the translation into retirement and the expiry of the month at which the official is at the earliest his retirement by declaration in accordance with § 15 in conjunction with Section 236c (1) BDG In 1979, the percentage of the rest of the pension was reduced by 0.28 percentage points. In the case of a retirement pension according to § 207n BDG 1979, the extent of the reduction is 0.3333 percentage points per month. The percentage of the percentage resulting from this reduction shall be rounded off to two points of comfort.

(2a) In the case of a retirement offset in accordance with § 15b BDG 1979, the extent of the reduction shall be 0.14 percentage points per month, by way of derogation from paragraph 2, if the official has 180 months of heavy labor. This value is reduced by 0.0033 percentage points for a further twelve months of heavy work, but may not be less than 0.0566 percentage points. The percentage of the percentage resulting from this reduction shall be rounded off to two points of comfort.

(2b) Paragraph 2 shall not apply in the event of a retirement in accordance with § 15 or § 15a BDG 1979, in connection with § 236b BDG 1979, if the conditions for the retirement according to these provisions are before the 1. January 2008 will be fulfilled.

(3) The official shall remain after the completion of his 65. In the case of a year of service, the basis for the pension shall be the basis for each full month, between the date of completion of the 65. The following month's most recent month and the month post after the transfer (the transfer) to retirement is to increase by 0.28 percentage points. "

4. The following provisions shall be replaced by the provisions of Section 5 (5):

" (5) The basis for the pension based on pensions must not be less than 62% of the basic income calculation basis (of the dormant monthly salary) and 90,08% of the pension, except in the case of retirement pension pursuant to § 207n BDG 1979. The basis for calculating the rest of the pension (the monthly reference to be eligible for rest) shall not be exceeded.

(6) In the event of a retirement offset in accordance with § 15 or § 15a BDG 1979, in connection with § 236b BDG 1979, the basis for the pension shall not be less than 68% of the basic pension calculation basis. "

Section 41 (2) first sentence reads as follows:

" The rest and pension benefits due under this Federal Act, with the exception of the supplement supplement in accordance with § 26, shall be adjusted at the same time and to the same extent as the pensions in the statutory pension insurance, if already on them

1.

before 1. a claim has been made by January of the year in question, or

2.

they are derived from resting pleasures, to which before the 1. A claim has been made by January of the year in question. "

6. § 41 (3) reads:

" (3) The procedure laid down in § 617 (10) of the ASVG in the case of the pension adjustment shall be the case before the first. Officials born in January 1955 who were in service on 31 December 2004 to apply for the first three adjustments to their pensions or the pensions derived from them. "

7. § 54 para. 2 lit. a is:

" (a)

the period of time taken by the official before the completion of the 18. , this restriction shall not apply to:

aa)

in accordance with Article 53 (2) (a), (d), (k) and (l), if a transfer amount is to be paid in accordance with the provisions of the social security legislation for such periods, and

bb)

in accordance with section 104 (2) of the following periods; "

8. § 54 (5) and (7) shall be repealed.

9. § 60 shall be repealed with the title.

10. § 90 (4) and (5) are repealed.

11. The section transcript before § 86 reads:

"TRANSITIONAL PROVISIONS"

12. According to Article 90a (1), the following subsections 1a and 1b are inserted:

" (1a) In the case of a retirement offset in accordance with § 15c BDG 1979, the rest reference is to be calculated in the context of the comparison calculation according to paragraph 1 without the application of § 5 (2), at most with the application of § § 92 to 94. The amount of increase resulting from this comparison calculation shall be due to the rest cover, which is measured under section 5 (2) and § § 92 to 94.

(1b) In the case of the percentage of 90% referred to in the second sentence of paragraph 1, the percentages referred to in the following table for the first-time pension measurement shall be replaced by the percentage applying for that year, in the case of the percentage of 90% referred to in the following table: which has previously passed a pension claim on the basis of a retirement pension pursuant to § 15 (in conjunction with § 236b or § 236c), § 15b or § 15c BDG 1979:

Year

Percentage

2004 or earlier

95%

2005

94.75%

2006

94.5%

2007

94.25%

2008

94%

2009

93.75%

2010

93.5%

2011

93.25%

2012

93%

2013

92.75%

2014

92.5%

2015

92.25%

2016

92%

2017

91.75%

2018

91.5%

2019

91.25%

2020

91%

2021

90.75%

2022

90.5%

2023

90.25% "

Section 91 (11) and (12) shall be repealed.

14. The previous § § 98 to 103 will receive the following new designations:

previous designation

new label

Section 98

Section 106

§ 99

Section 107

§ 101

Section 108

Section 102

Section 109

Section 103

§ 110

15. In accordance with § 97a, the following § 98 and heading is inserted:

" Transitional provisions on Novelle BGBl. I No 142/2004

§ 98. § 5 (2b), 41 (2) and § 90a (1b) are also to be found before the 1. January 2005, to apply the rest of the year. "

16. In accordance with § 98, the following sections XIII and XIV are inserted:

" SECTION XIII
Special provisions for officials born after 31 December 1954

Parallel invoice

§ 99. (1) Section XIII shall apply only to officials born after 31 December 1954, before the 1. Jänner 2005 was incorporated into the public service relationship with the federal government and will be on the service level on 31 December 2004.

(2) The civil servant shall be entitled to the rest or retirement relationship, which shall be measured in accordance with the provisions of this Federal Act, only to the extent to which the percentage of the procurment is defined in accordance with § 7 or Section 90 (1), which results from the total service life of the civil servant, which was acquired by the official until 31 December 2004.

(3) In addition to the rest or retirement reference, a pension shall be calculated for the official under the application of the APG. § 16 (5) APG is not to be applied. The pension according to the APG is due to the extent that corresponds to the difference of the percentage according to para. 2 to 100%.

(4) In the case of the application of paragraphs 2, 3 and 6, it is not necessary to take into account periods of time calculated in accordance with § 9. In the case of fair periods, the actual time storage of the time period is decisive.

(5) The total pension of the official shall be composed of the partial rest or retirement as referred to in paragraph 2 and from the pro-rata pension pursuant to paragraph 3.

(6) A parallel calculation shall not be carried out if:

1.

the proportion of those from 1. January 2005 acquired total service life of the total rest-eligible total service period, or

2.

the proportion of total staff eligible for the total rest-eligible service during the period up to 31 December 2004

is less than 5% or less than 12 months. In the case of Z 1, the rest reference is to be determined in accordance with the provisions of this Federal Law, with the exception of this section, in the case of Z 2 according to the APG.

Application of the APG

§ 100. (1) For the purpose of the assessment of the pension under the APG, a pension account shall be established and managed for the official under the application of Section 3 APG.

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

(3) Section 3 of the APG shall be subject to the following measures:

1.

The assessment basis for the pension contribution (§ 22 para. 2 GehG) shall be replaced by the monthly maximum contribution basis in accordance with § 45 ASVG.

2.

The partial contributions corresponding to the contribution of the official shall be increased by a service contribution to the extent of the percentage of the contribution basis in force for the period in question in the statutory pension insurance scheme.

Management of the pension account; collection of data for the period up to 31 December 2004

§ 101. (1) The data relevant for the management of the pension account for the period up to 31 December 2004 shall be from the official responsible for the official service 1. To raise an instance and to inform the official in writing. The notification shall contain a reference to the possibility of dispute referred to in paragraph 4.

(2) The last competent insurance institution before being included in the public service relationship shall, on request, provide the service authorities with the data relevant for the management of the pension account for the period prior to the date of inclusion in the Public service is available.

(3) The survey referred to in paragraph 1 shall be carried out in such a timely manner that the accuracy and completeness of the account division according to § 102 is ensured.

(4) The official may dispute the accuracy of the data contained in the notification referred to in paragraph 1 within four weeks of the notification of the notification, stating the reasons for the notification. In such a case, the service authority shall be informed of the contentious part of the communication.

(5) The Service Authority 1. Instance shall transmit the data collected or legally established pursuant to paragraphs 1 to 4 to the Federal pensioner. The Bundespensionsamt integrates the transferred data into the pension account to be held by him.

Contometry

§ 102. (1) The Bundespensionsamt (Bundespensionsamt) informs every official once a year about his/her pension account (Kontomitteilung). The account shall contain the relevant data up to 31 December of the previous year.

(2) The Kontomitdivide is to be provided with automatic support as far as possible. In addition, in accordance with the technical requirements, it must be agreed that the pension account can also be viewed with support for automation.

(3) It shall be retrospected that the data contained in the Contometry Division were incorrect, they shall be put right immediately and the official shall be informed thereof.

Application of this federal law to the overall pension

§ 103. (1) The contribution and the additional contribution according to § 13a are to be paid only by the proportionate rest or retirement cover in accordance with § 99 para. 2 or by the corresponding part of the supply cover.

(2) The provision of widows and widows is the result of the application of the percentage rate applicable in accordance with section 15 (2) to the total pension pursuant to section 99 (5), which is the basis for the official

1.

due or

2.

in the case of death, if he had been retire on his death day.

(3) The balance of the orphan's pension shall be 24% for the half-orphan and 36% for the full orphan of the total pension pursuant to § 99 (5), which shall be the official of the official

1.

due or

2.

in the case of death, if he had been retire on his death day.

(4) Within the scope of this Federal Act, the total pension pursuant to section 99 (5) shall replace the retirement pension. This does not apply to provisions governing the dimensioning of the retirement pension pursuant to section 99 (2).

Retrospective calculation of times

§ 104. (1) At the request of the official, retirement pre-service periods are to be calculated retrospectily, which he has excluded from the calculation pursuant to Section 54 (3). The special pension contribution to be paid for the calculation of these periods in accordance with Article 56 shall be multiplied by the factor which is rounded to three points in order to reflect the salary level 2 of the service class V of an official of the general public Administration, including any inflation allowance since the day on which the official's service has commenced, has increased to the date of submission of the application.

(2) Where insurance periods have been removed by the performance of a refund in accordance with the social insurance provisions applicable in each case, the official may, in order to take account of that distance, be considered an insurance period in the According to § 3 APG, the amount of the refund received at the time as a special pension contribution to the Federal Government. The amount of the refund shall be multiplied by the factor which is rounded to three points in which the salary level 2 of the service class V of an official of the General Administration, including an all-time inflation allowance, has been paid since the The month of payment of the amount of the refund to the official has increased until the date of the application for subsequent payment of a special pension contribution or amount of refund. Proof of the number of months removed shall be provided by the official and the month of payment of the refund shall be credited by him.

(3) In the case of the assessment of a resting or retirement order of a full university (university) professor, to be applied to § 247e BDG 1979, as well as for the aliquoting of this rest and retirement cover in accordance with § 99 paragraph 2, it is necessary to proceed in this way, , as if all pension rights under Article 53 (2) and (3) had been taken into account. The Department of Service has the University (Hochschul) professor and the pension authority on the occasion of the transfer or the transfer into retirement or to inform the emerification of the periods of retirement pension which would have been taken into account for an invoice.

SECTION XIV
Special provisions for civil servants in accordance with § 1 (14) and § 136b BDG 1979

§ 105. (1) The enforcement of the social insurance legislation applicable to civil servants pursuant to § 1 para. 14 and § 136b BDG 1979 shall be carried out by the authorities designated by the federal law for this purpose.

(2) The employee shares of the pension insurance contributions of the officials referred to in paragraph 1 are to be deducted from the federal government. The federal government is responsible for the pension costs for these officials. The partial contributions corresponding to the official's contribution benefits are increased in the pension account to be held by the Federal Pension Office in order to make a contribution to the service to the extent of the amount of the pension for the respective period in the statutory pension insurance to show the percentage of the contribution basis. "

17. In accordance with § 105, the following section heading is inserted:

" SECTION XV
FINAL PROVISIONS "

18. The following paragraph 49 is added to § 109:

" (49) In the version of the Federal Law BGBl. I n ° 142/2004 enter into force:

1.

§ 5 (2b), § 90a (1b) and the repeal of § 90 (4) and (5) with 1. Jänner 2004,

2.

§ 1 (14), § 4 (1), § 5 (2), 2a, 3 and 5, § 41 (2) and (3), § 54 (2), the section transcript before § 86, § 90a (1a), § 98, including the title, Section XIII, § § 99 to 104, including headlines and section XIV, with § 105, including Title, Section XV, together with the title of § § 106 to 110 as well as the repeal of § 54 (5) and (7), § 60 with the title and section 91 (11) and (12) with 1. Jänner 2005,

3.

Section 5 (6) with 1. Jänner 2008. "

19. In Art. 14 Z 13 of the Budgetbegleitgesetz 2003, BGBl. No 71, Section 90 (4) and (5) shall be deleted.

Article 15

Amendment of the Federal Theatterpensionsgesetz

The Federal Theatre Pensions Act, BGBl. No 159/1958, as last amended by the Federal Law BGBl. I n ° 130/2003, shall be amended as follows:

1. According to § 2d, the following § § 2e and 2f together with headline are inserted:

" Suspension in the permanent retirement in the presence of heavy working hours

§ 2e. (1) The Bundestheater staff member shall be placed in the permanent retirement upon his written application if, at the time of the effectiveness of the transfer to retirement, he/she has an creditable service period in accordance with § 7 of 504 months, of which at least 180 heavy-duty months. The retirement can take place for so many months before the date of completion of the 65. The following month's most important year will be the same as the division of the number of heavy duty months by the number four, but not before the completion of the 60. Year of life.

(2) A month of heavy duty is every calendar month in which there are at least 15 days of heavy work. The Federal Government has to determine with a regulation which psychological or physically particularly incriminating working conditions heavy labour is available.

(3) The Bundestheaterservants of the Service, who is 59. It may request a one-off determination of the number of its heavy-duty months on the last month following the one in which the application has been submitted.

(4) Section 2b, para. 1, second and third sentences, shall apply.

Early retirement in the permanent retirement on request

§ 2f. (1) The Bundestheaterservant shall be at the earliest upon his written request at the end of the month in which he shall be 62. He/she shall be completed in the permanent retirement age, provided that at the time of the effectiveness of the transfer to retirement he has an creditable service period in accordance with § 7 of 450 months.

(2) § 2b, para. 1, second and third sentences, shall apply. "

(2) The following provisions shall be replaced by Section 5b (2):

" (2) For each month between the date of validity of the transfer to the retirement and the expiry of the month to which the Bundestheater staff member at the earliest is his retirement on request pursuant to § 2b (1) in conjunction with § In the first paragraph of Article 18h (1), the basis for a pension of 80% is to be reduced by 0.28 percentage points.

(2a) In the case of a retirement offset in accordance with § 2e, the extent of the reduction shall be 0.14 percentage points per month, by way of derogation from para. 2, if the Bundestheaterservants staff have 180 months of heavy duty. This value is reduced by 0.0033 percentage points for a further twelve months of heavy work, but may not be less than 0.0566 percentage points. The percentage of the percentage resulting from this reduction shall be rounded off to two points of comfort.

(2b) Paragraph 2 shall not apply in the event of a retirement in accordance with Section 2b (1) in conjunction with § 18g, if the conditions for retirement under these provisions are before the first paragraph of this Article. January 2008 will be fulfilled.

(3) Daughters the employment relationship of the Federal Theatre staff member over the completion of his 65. In addition, the rest of the pension shall be the basis for each full month, between the date of completion of the 65. The following month's sereners and the month post after leaving the service are to be increased by 0.28 percentage points. "

(3) In § 5b, the previous paragraph 3 receives the sales designation "(4)" .

4. The following provisions shall be replaced by the provisions of Section 5b (6):

" (5) The pension base shall not be less than 62% of the basic pension calculation basis and shall not exceed 90.08% of the basic pension calculation basis.

(6) In the event of a retirement offset in accordance with Section 2b (1) in conjunction with § 18g of 68% of the basic pension calculation basis, the basis for a pension shall not be less than the basis for the pension. "

5. According to Article 10 (2), the following paragraph 2a is inserted:

" (2a) The pension contribution shall be the percentage of the tax base resulting from the following tables for Bundestheaterservants of the birth costumes referred to in the following tables and in section 18c (4) to (7) of the following tables:

in place of the contribution rate of 12.55% for reference parts, which was the main contribution for 2004

in place of the contribution rate of 11.05% for reference parts, which is applicable to them in 2004

in place of the contribution rate of 15.69% for reference parts, which was the main contribution for 2004

instead of the contribution rate of 13.82% for reference parts, which was the main contribution for 2004

The contribution rate is for federal-theaterbe-servants of the birth cohorts

up to monthly maximum-contribution-basis according to § 45 ASVG

over the monthly maximum-contribution basis according to § 45 ASVG

up to monthly maximum-contribution-basis according to § 45 ASVG

over the monthly maximum-contribution basis according to § 45 ASVG

up to monthly maximum-contribution-basis according to § 45 ASVG

over the monthly maximum-contribution basis according to § 45 ASVG

up to monthly maximum-contribution-basis according to § 45 ASVG

over the monthly maximum-contribution basis according to § 45 ASVG

1986 onwards

-

-

10.25%

0.00%

-

-

10.25%

0.00%

1985

-

-

10.25%

0.00%

-

-

10.25%

0.00%

1984

-

-

10.25%

0.00%

-

-

10.25%

0.00%

1983

-

-

10.32%

0.98%

-

-

10.69%

1.72%

1982

-

-

10.34%

1.23%

-

-

10.81%

2.15%

1981

-

-

10.36%

1.47%

-

-

10.92%

2.58%

1980

-

-

10.37%

1.72%

-

-

11.03%

3.01%

1979

-

-

10.39%

1.96%

-

-

11.14%

3.44%

1978

-

-

10.41%

2.21%

-

-

11.25%

3.87%

1977

-

-

10.43%

2.46%

-

-

11.36%

4.30%

1976

-

-

10.45%

2.70%

-

-

12.12%

7.23%

1975

-

-

10.68%

5.90%

-

-

12.20%

7.55%

1974

-

-

10.69%

6.12%

-

-

12.28%

7.88%

1973

-

-

10.71%

6.35%

-

-

12.37%

8.20%

1972

-

-

10.73%

6.57%

-

-

12.45%

8.52%

1971

-

-

10.74%

6.79%

-

-

12.53%

8.84%

1970

-

-

10.76%

7.01%

-

-

12.62%

9.17%

1969

-

-

10.77%

7.23%

-

-

12.70%

9.49%

1968

-

-

10.79%

7.45%

-

-

12.78%

9.81%

1967

-

-

10.81%

7.67%

-

-

12.87%

10.13%

1966

-

-

10.82%

7.89%

-

-

12.95%

10.46%

1965

-

-

10.84%

8.11%

-

-

13.03%

10.78%

1964

-

-

10.85%

8.33%

-

-

13.12%

11.10%

1963

-

-

10.87%

8.56%

-

-

13.20%

11.42%

1962

-

-

10.89%

8.78%

-

-

13.28%

11.75%

1961

-

-

10.90%

9.00%

-

-

13.37%

12.07%

1960

-

-

10.92%

9.22%

-

-

13.45%

12.39%

1959

12.21%

10.72%

10.93%

9.44%

15.25%

14.43%

13.53%

12.71%

1958

12.26%

10.79%

10.95%

9.66%

15.38%

14.80%

13.62%

13.04%

1957

12.31%

11.22%

10.97%

9.88%

15.51%

15.17%

13.70%

13.36%

1956

12.35%

11.47%

10.98%

10.10%

15.64%

15.53%

13.78%

13.68%

1955

12.40%

11.73%

11.00%

10.32%

15.69%

15.69%

13.82%

13.82%

The monthly maximum contribution basis in accordance with § 45 ASVG shall be three times the daily maximum contribution basis in accordance with Section 45 (1) of the ASVG. The following shall apply in respect of the payment of the contribution from the special payment: if the special payment is not more than half of the respective monthly maximum contribution basis in accordance with Article 45 of the ASVG, the following shall apply for the entire special payment for the reference parts up to the the monthly maximum contribution rate. If the special payment is higher than half the monthly maximum contribution basis in accordance with Article 45 of the ASVG, the part of the special payment shall be subject to up to half of the monthly maximum contribution basis for the reference parts up to the monthly maximum contribution basis the rate of contribution provided for the remainder of the special payment of the contribution rate laid down for reference parts above the monthly maximum contribution basis. "

6. In § 10 para. 3, the quote shall be "§ 5 (14) and (15)" by quoting "§ 5a (2)" replaced.

7. According to Article 10 (3), the following paragraph 3a is inserted:

" (3a) The percentages laid down in paragraph 3 shall be reduced for the Bundestheaterservants of the birth cohorts referred to in the table in paragraph 2a in the same ratio as the percentages given in the table in relation to the percentages given in 2004. key percentages. "

8. § 11 reads:

" § 11. (1) The pensions due under this Federal Act shall be adjusted at the same time and in the same extent as the pensions in the statutory pension insurance, if they already have

1.

before 1. a claim has been made by January of the year in question, or

2.

they are derived from resting pleasures, to which before the 1. A claim has been made by January of the year in question.

The first-time adjustment of a pension shall not be effective until the first sentence is effective from 1. to make the second calendar year following the start of the claim for the rest of the year.

(2) The procedure laid down in § 617 (10) of the ASVG in the case of the pension adjustment shall be the case before the first. In 1955, Bundestheaterservants, who were in service on 31 December 2004, were to apply for the first three adjustments to their pensions or the pensions derived from them. "

9. The previous § 18 receives the paragraph designation "21" and the heading

"referrals to other federal laws"

10. The section transcript before § 18a reads:

" SECTION II
TRANSITIONAL PROVISIONS "

11. § 18g para. 1 reads:

" (1) § 2b (1) shall apply to Bundestheater officials born in the periods specified in the left column of the following table, subject to the proviso that a transfer to retirement at the request or from officinal shall be applied at the earliest with The date of expiry of the month in which the Bundestheater staff member shall be completed in the right-hand column of the table shall be completed if, at the time of the effectiveness of the retirement, he/she is retired, a total of the total period of service covered by the contribution 40 years of age:

up to and including 30 June 1950

60.

1 July 1950 to 31 December 1950

60.5.

1 January 1951 to 31 December 1951

61.

January 1 1952 to 31 December 1952

62.

1 January 1953 to 31 December 1953

63.

1 January 1954 to 31 December 1954

64. "

12. In § 18g para. 7, the quote becomes "2 July 1949" by quoting "31 December 1954" replaced.

13. § 18j (3) and (4) shall be repealed.

14. According to Article 18k (1), the following (1a) and (1b) are inserted:

" (1a) In the case of a retirement pension pursuant to § 2f, the rest cover shall be measured without the application of Section 5b (2) in the context of the comparative calculation according to Section 1 (2) of the German Law on the Retirement of the Penal Party (§ § 18d to 18f). The amount of increase resulting from this comparison calculation shall be due to the rest cover, which is measured under § 5b (2) and § § 18d to 18f.

(1b) In the case of the percentage of 90% referred to in the second sentence of paragraph 1, the percentages referred to in the following table for the first-time pension measurement shall be replaced by the percentage applying for that year, in the case of the percentage of 90% referred to in the following table: which has passed the earliest a pension claim on the basis of a retirement pension pursuant to § 2b (1) (in conjunction with § 18g or § 18h (1)), § 2e or 2f:

Year

Percentage

2004 or earlier

95%

2005

94.75%

2006

94.5%

2007

94.25%

2008

94%

2009

93.75%

2010

93.5%

2011

93.25%

2012

93%

2013

92.75%

2014

92.5%

2015

92.25%

2016

92%

2017

91.75%

2018

91.5%

2019

91.25%

2020

91%

2021

90.75%

2022

90.5%

2023

90.25% "

15. According to § 18k, the following § 18l with headline is inserted:

" Transitional provisions on Novelle BGBl. I No 142/2004

§ 18l. § 5b (2b), § 11 (1) and § 18k (1b) are to be found before the 1. January 2005, to apply the rest of the year. "

16. In accordance with § 18l, the following Section III, including the heading, is inserted:

" SECTION III
Special provisions for Bundestheaterservants, who were born after 31 December 1954

Parallel invoice

§ 19. (1) Section III shall apply only to Bundestheaterservants born after 31 December 1954 and who are in the service on 31 December 2004.

(2) The Bundestheaterservants ' staff shall be entitled to the rest relationship, which shall be measured in accordance with the provisions of this Federal Act, only to the extent to which the percentage of the procurment according to § 6 or § 18j (1), which derides from the total service life acquired by it until 31 December 2004, which is creditable for the assessment of the retirement pension.

(3) In addition to the rest reference, a pension is to be measured for the Federal Theatre Staff under the application of the APG. § 16 (5) APG is not to be applied. The pension according to the APG is due to the extent that corresponds to the difference of the percentage according to para. 2 to 100%.

(4) In the case of the application of paragraphs 2, 3 and 6, it is not necessary to take into account periods which have been considered (Article 7 (1) (4)). In the case of fair periods, the actual time storage of the time period is decisive.

(5) The total pension of the Federal Theatre Staff covered by this Section shall be composed of the pro-rata pension pursuant to para. 2 and from the pro-rata pension pursuant to paragraph 3.

(6) A parallel calculation shall not be carried out if the proportion of the total is 1. In accordance with § 7, the creditable period of service acquired in January 2005 shall be less than 5% or less than 12 months in accordance with § 7. In this case, the rest is to be measured in accordance with the provisions of this Federal Law, with the exception of this section.

Application of the APG

§ 20. (1) For the purpose of measuring the pension according to the APG, a pension account shall be established and managed for each Bundestheater staff member under the application of Section 3 APG.

(2) The establishment and management of the pension account for the period from 1. Jänner 2005 is the responsibility of Bundestheater-Holding GmbH.

(3) Section 3 of the APG shall be subject to the following measures:

1.

The assessment basis for the pension contribution (§ 10 para. 2 or 3) shall be replaced by the monthly maximum contribution basis in accordance with § 45 of the ASVG (ASVG).

2.

The partial contributions corresponding to the contribution benefits of the Bundestheater staff member are increased by a service contribution to the extent of the percentage of the contribution basis applicable for the respective period in the statutory pension insurance .

Management of the pension account; collection of data for the period up to 31 December 2004

§ 21. (1) The data relevant for the management of the pension account for the period up to 31 December 2004 shall be collected by the Bundestheater-Holding GmbH and shall be communicated to the Bundestheaterservants in writing.

(2) The former competent pension insurance institution before the admission to Bundestheater-Holding GmbH shall, upon request, provide the Bundestheater-Holding GmbH with the data relevant for the management of the pension account for the period prior to the admission into the Pension insurance-free service available.

(3) The survey referred to in paragraph 1 shall be carried out in such a timely manner that the accuracy and completeness of the account division according to § 21a is guaranteed.

Contometry

§ 21a. (1) From 2007 onwards, the Bundestheater-Holding GmbH shall inform each Federal Office staff member of its pension account once a year (Kontomitteilung). The account shall contain the relevant data up to 31 December of the previous year.

(2) The Kontomitdivide is to be provided with automatic support as far as possible. In addition, in accordance with the technical requirements, it must be agreed that the pension account can also be viewed with support for automation.

(3) It is subsequently found that the data contained in the Kontomitteilung were incorrect, so that they are to be put right immediately and to inform the Bundestheaterservants of the information.

Retrospective calculation of times

§ 21b. (1) At the request of the Federal Theatre Staff referred to in this Section, the pre-service periods shall be retrospected at a later date, which shall be excluded from the calculation of the pension. The special pension contribution to be paid for the calculation of these periods in accordance with Article 56 of the Pension Act 1965 shall be multiplied by the factor which is rounded to three compounding points by which the salary level 2 of the service class V of a Officials of the General Administration, including an all-due devil allowance since the day on which the duty of the Bundestheater staff has commenced, has increased up to the date of submission of the application.

(2) Where contribution months have been removed by the performance of a refund amount in accordance with the applicable social insurance legislation, it is necessary to take these removed months into account as an insurance period within the meaning of § 3 APG the amount of the refund received at the time as a special pension contribution to the federal government. The amount of the refund shall be multiplied by the factor which is rounded to three points in which the salary level 2 of the service class V of an official of the General Administration, including an all-time inflation allowance, has been paid since the The month of payment of the amount of the refund to the Federal Theatre Staff up to the date of the application for subsequent payment of a special pension contribution or amount of refund has increased. Proof of the number of months removed shall be provided by the Bundestheater staff member and the month of payment of the refund amount shall be credibly made by him.

Application of this federal law to the overall pension

§ 21c. (1) The contribution and the additional contribution according to § 10a are to be paid only from the pro rata pension pursuant to section 19 (2) or from the corresponding part of the supply cover.

(2) Within the scope of this Federal Act, the total pension pursuant to section 19 (5) shall replace the retirement pension. This shall not apply to provisions governing the dimensioning of the retirement pension pursuant to section 19 (2). "

17. The following section heading is inserted before § 22:

" SECTION IV
FINAL PROVISIONS "

18. The following paragraph 25 is added to § 22:

" (25) In the version of the Federal Law BGBl. I n ° 142/2004 enter into force:

1.

§ 5b (2b) and § 18k (1b) as well as the repeal of § 18j (3) and (4) with 1. Jänner 2004,

2.

§ 2f including the title, § 5b (2), (2a) and (3) to (5), § 10 (2a) to (3a), § 11, the section title of Section II, § 18g (1) and (7), § 18k (1a), § 18l and the title, Section III, including the heading and sections 19 to 21c, and the Section IV of Section IV with 1. Jänner 2005,

3.

§ 2e and heading with 1. Jänner 2007,

4.

Section 5b (6) with 1. Jänner 2008. "

19. In Art. 15 Z 20 of the Budgetbegleitgesetz 2003, BGBl. I n ° 71, Section 18j (3) and (4) shall be deleted.

Article 16

Amendment of the Part-Pensions Act

The partial pensive law, BGBl. I n ° 138/1997, as last amended by the Federal Law BGBl. I n ° 130/2003, shall be amended as follows:

1. In § 2 paragraph 2 Z 3 lit. b becomes the citation "§ 15 or § 15a" by quoting "§ 15 (in conjunction with § 236b or § 236c), § 15a, § 15b or § 15c" replaced.

2. The following paragraph 8 is added to § 9:

" (8) § 2 para. 2 Z 3 lit. b in the version of the Federal Law BGBl. I n ° 142/2004 shall enter into force 1. Jänner 2005 in Kraft. "

Article 17

Amendment of the Bundesbahn-Pension Act

The Federal Railways Pension Act, BGBl. No 86/2001, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 106/2004, shall be amended as follows:

1. According to § 2, the following § § 2a and 2b together with the headings are inserted:

" Retirement in the event of the existence of heavy working hours

§ 2a. (1) The official shall retire on his written request if, at the time of the effectiveness of the transfer to retirement, he/she has a total rest-eligible service of 504 months (including conditionally charged ), of which at least 180 heavy-duty months are present. The retirement can take place for so many months before the date of completion of the 65. The following month's most important year will be the same as the division of the number of heavy duty months by the number four, but not before the completion of the 60. Year of life.

(2) A month of heavy duty is every calendar month in which there are at least 15 days of heavy work. The Federal Government has to determine by means of a regulation, under which psychological or physically particularly incriminating working conditions heavy labour within the meaning of paragraph 1 is present.

(3) The official of the service, who shall be 59. It may request a one-off determination of the number of its heavy-duty months on the last month following the one in which the application has been submitted.

(4) § 2 para. 1 last sentence shall apply.

(5) The para. 1 to 4 shall be based on officials who are before the 1. Jänner, born in 1955, are not to be applied.

Early retirement on request

§ 2b. (1) The official shall be at the earliest upon his written request at the end of the month in which he shall be 62. In the event of a retirement age of 450 months (including pre-scheduled hours of rest) at the time of the retirement effectiveness, the retirement age shall be completed.

(2) § 2 para. 1 last sentence shall apply. "

2. The previous § 5 receives the sales designation "(1)" inserted; the following paragraphs 2 to 5 are added:

" (2) For each full month, which is between the day of validity of the translation into retirement and the day with which the official at the earliest will retire his retirement pursuant to § 2 para. 1 Z 1 or 3 in connection with § 54a para. 1 or 2, the rest reference (with the exception of the children's allowance) should be reduced by 0.35%. The reduction shall not exceed 15% in total.

(3) In the case of a retirement offset in accordance with § 2a, the extent of the reduction shall be 0.175 percentage points per month, by way of derogation from para. 2, if the official has 180 months of heavy-duty work. This value is reduced by 0.0041 percentage points for a further twelve months of heavy work, but it must not be less than 0.0708 percentage points. The percentage of the percentage resulting from this reduction shall be rounded off to two points of comfort.

(4) The official shall remain after the completion of his 65. The rest of the year, the rest of the year shall be for each full month, between the date of completion of the 65. The following month's last month and the date on which the retire has been effective is to increase by 0.35%. The increase shall not exceed 12.6% in total.

(5) (2) shall apply only to officials born after 31 December 1954. "

3. § 37 (2) first sentence reads:

" The rest and pension benefits due under this Federal Act, with the exception of allowances in accordance with § § 23 and 24, shall be adjusted at the same time and to the same extent as the pensions in the statutory pension insurance, if already on them

1.

before 1. a claim has been made by January of the year in question, or

2.

they are derived from resting pleasures, to which before the 1. A claim has been made by January of the year in question. "

4. § 37 (3) reads:

" (3) The procedure laid down in § 617 (10) of the ASVG in the case of the pension adjustment shall be the case before the first. Officials born in January 1955 who were in service on 31 December 2004 to apply for the first three adjustments to their pensions or the pensions derived from them. "

5. § 47 para. 2 lit. a is:

" (a)

the time taken by the official prior to the completion of the 18. , this shall not apply to periods after § 71 para. 2; "

6. The following paragraph 5 is added to § 60:

" (5) § 37 (2) and § 64 (3) are to be found before the 1. January 2005, to apply the rest of the year. "

7. The following paragraph 10 is added to § 62:

" (10) In the version of the Federal Law BGBl. I n ° 142/2004 enter into force:

1.

Section 64 (4) with 1. Jänner 2004,

2.

§ 2b with the title, § 5 (1) to (5), § 37 (2) and (3), § 47 (2), § 60 (5), § 64 (3), Section XII, including the title and § § 66 to 71 with 1. Jänner 2005,

3.

§ 2a together with the title of 1. Jänner 2007. "

8. The following paragraph 3 is added to § 64:

' (3) In the case of the percentage of 90% referred to in the second sentence of paragraph 2, the percentages referred to in the following table shall be replaced by the percentages given in the following table for the first time, with the percentage applicable for that year being applied in each case: which has passed the earliest a pension claim on the basis of a retirement pension pursuant to § 2 para. 1 Z 1 or 3 in conjunction with § 54a para. 1 or 2:

Year

Percentage

2004 or earlier

95%

2005

94.75%

2006

94.5%

2007

94.25%

2008

94%

2009

93.75%

2010

93.5%

2011

93.25%

2012

93%

2013

92.75%

2014

92.5%

2015

92.25%

2016

92%

2017

91.75%

2018

91.5%

2019

91.25%

2020

91%

2021

90.75%

2022

90.5%

2023

90.25% "

9. In accordance with Section XI, the following section XII is inserted:

" Section XII
Special provisions for officials born after 31 December 1954

Parallel invoice

§ 66. (1) Section XIII shall apply only to officials who were born after 31 December 1954 and who are in the service on 31 December 2004.

(2) The official shall be entitled to the rest relationship, which shall be measured in accordance with the provisions of this Federal Act, only to the extent to which the percentage of the procurment is defined in accordance with § 7 and Section 64 (1), which results from the total service life of the civil servant, which was acquired by the official until 31 December 2004.

(3) In addition to the rest reference, a pension shall be calculated for the official under the application of the APG. § 16 (5) APG is not to be applied. The pension according to the APG is due to the extent that corresponds to the difference of the percentage according to para. 2 to 100%.

(4) In the case of the application of paragraphs 2, 3 and 6, it is not necessary to take into account periods of time calculated in accordance with § 9. In the case of fair periods, the actual time storage of the time period is decisive.

(5) The total pension of the official is composed of the pro-rata pension according to para. 2 and of the pro-rata pension according to para. 3.

(6) A parallel calculation shall not be carried out if the proportion of the total is 1. The total number of staff eligible for the total rest-eligible total service life of January 2005 shall be less than 5% or less than 12 months. In this case, the rest is to be measured in accordance with the provisions of this Federal Law, with the exception of this section.

Application of the APG

§ 67. (1) For the purpose of the assessment of the pension under the APG, a pension account shall be established and managed for the official under the application of Section 3 APG.

(2) The establishment and management of the pension accounts is the responsibility of ÖBB Dienstleistungs GmbH.

(3) Section 3 of the APG is to be applied with the proviso that the basis of the assessment for the pension contribution shall be replaced by the monthly maximum contribution basis in accordance with § 45 ASVG.

Management of the pension account; collection of data for the period up to 31 December 2004

§ 68. (1) The data relevant for the management of the pension account for the period up to 31 December 2004 shall be collected by the ÖBB Dienstleistungs GmbH and shall be communicated to the official in writing.

(2) On request, the pension insurance institution responsible for the management of the pension account shall make available to the ÖBB Service GmbH the data relevant for the management of the pension account for the period prior to the employment.

(3) The survey referred to in paragraph 1 shall be carried out in such a timely manner that the accuracy and completeness of the account division according to § 69 is guaranteed.

Contometry

§ 69. (1) From 2007 onwards, ÖBB Dienstleistungs GmbH shall inform each official once a year of his/her pension account (Kontomitteilung). The account shall contain the relevant data up to 31 December of the previous year.

(2) The Kontomitdivide is to be provided with automatic support as far as possible. In addition, in accordance with the technical requirements, it must be agreed that the pension account can also be viewed with support for automation.

(3) It shall be retrospected that the data contained in the Contometry Division were incorrect, they shall be put right immediately and the official shall be informed thereof.

Application of this federal law to the overall pension

§ 70. (1) The pension insurance contribution pursuant to section 52 (3c) and (4) of the Bundesbahngesetz 1992 is to be paid only by the pro rata pension pursuant to section 66 (2) or by the corresponding part of the pension.

(2) The provision of widows and widows is the result of the application of the percentage rate applicable in accordance with section 14 (2) to the total pension pursuant to section 66 (5), which is the basis for the official

1.

due or

2.

in the case of death, if he had been retire on his death day.

(3) The balance of the orphan's pension is 24% for the half-orphan and 36% for the full orphan of the total pension pursuant to Section 66 (5), which shall be the official

1.

due or

2.

in the case of death, if he had been retire on his death day.

(4) Within the scope of this Federal Act, the total pension pursuant to section 66 (5) shall replace the retirement pension. This does not apply to provisions governing the dimensioning of the retirement pension pursuant to section 66 (2).

Retrospective calculation of times

§ 71. (1) At the request of the official, retirement pre-service periods shall be added retrospectily, which he/she has excluded from the calculation pursuant to § 47. The special pension contribution to be paid for the calculation of these periods in accordance with Article 49 shall be multiplied by the factor which is rounded to three points by which the salary level 2 of the service class V of an official of the general Administration, including any inflation allowance since the day on which the official's service has commenced, has increased to the date of submission of the application.

(2) Where insurance periods have been removed by the performance of a refund in accordance with the social insurance provisions applicable in each case, the official may, in order to take account of that distance, be considered an insurance period in the According to § 3 APG, the amount of the refund received at the time as a special pension contribution to the Federal Government. The amount of the refund shall be multiplied by the factor which is rounded to three points in which the salary level 2 of the service class V of an official of the General Administration, including an all-time inflation allowance, has been paid since the The month of payment of the amount of the refund to the official has increased until the date of the application for subsequent payment of a special pension contribution or amount of refund. Proof of the number of months removed shall be provided by the official and the month of payment of the refund shall be credited by him.

(3) The periods calculated in accordance with paragraphs 1 and 2 shall not be taken into account for the conditions of the right to retire to retirement (the retirement of a service because of) pursuant to § 2 and § 2a. "

Article 18

Amendment of the Federal Railways Act 1992

The Federal Railways Act 1992, BGBl. No. 825, as last amended by the Federal Law BGBl. I n ° 138/2003, shall be amended as follows:

1. The following Z 5 shall be added to Section 52 (5):

" 5.

By way of derogation from paragraph 3b, the following percentages of the pension contribution for reference parts above the monthly maximum contribution basis in accordance with Section 45 of the ASVG shall apply to federal railway officials of the birth cohorts referred to in the following table. Pension contribution:

Pension contribution for reference parts above the monthly maximum contribution basis in accordance with § 45 ASVG

Pension insurance contribution instead of the 4.8% contribution rate applicable on 31 December 2004

Pension guarantee contribution instead of the contribution rate of 3.3% in force on 31 December 2004

1977

4.10%

1.92%

1.32%

1976

4.23%

1.98%

1.36%

1975

4.40%

2.06%

1.42%

1974

4.57%

2.14%

1.47%

1973

4.75%

2.22%

1.53%

1972

4.92%

2.31%

1.58%

1971

5.10%

2.39%

1.64%

1970

5.27%

2.47%

1.70%

1969

5.45%

2.55%

1.75%

1968

5.62%

2.63%

1.81%

1967

5.79%

2.71%

1.87%

1966

5.97%

2.79%

1.92%

1965

6.14%

2.88%

1.98%

1964

6.32%

2.96%

2.03%

1963

6.49%

3.04%

2.09%

1962

6.67%

3.12%

2.15%

1961

6.84%

3.20%

2.20%

1960

7.01%

3.28%

2.26%

1959

7.19%

3.37%

2.31%

1958

7.36%

3.45%

2.37%

1957

7.54%

3.53%

2.43%

1956

7.71%

3.61%

2.48%

1955

7.89%

3.69%

2.54%

The monthly maximum contribution basis in accordance with § 45 ASVG shall be three times the daily maximum contribution basis in accordance with Section 45 (1) of the ASVG. Special payments shall be treated as the monthly reference. "

(2) The following paragraph (11) is added to Article 56:

" (11) § 52 para. 5 Z 5 in the version of the Federal Law BGBl. I n ° 142/2004 shall enter into force 1. Jänner 2005 in Kraft. "

Article 19

Amendment of the Law on Bezüge

The Remuneration Act, BGBl. No 273/1972, as last amended by the Federal Law BGBl. I n ° 38/2003 and the BGBl agreement. I n ° 8/2004, shall be amended as follows:

(1) In § 12 (3), after Z 9, a supplement and the following Z 10 shall be inserted:

" 10.

for members of the National Council and of the Bundesrat, to which Article VIIIa applies, in the case of periods from 1 January to 1 July 2008. January 2005 the percentages given in paragraph 4. "

(2) The following paragraphs 4 and 5 are added to § 12:

' (4) By way of derogation from paragraphs 2 and 3 Z 9, the supreme organs of the years of birth referred to in the following table to which Article VIIIa applies shall have a monthly pension contribution at the level of the following table: Percentage of the tax base to be paid:

The contribution rate is for the highest organs of the birth cohorts

instead of the contribution rate of 22.79% in 2004

instead of the contribution rate of 25.79% in 2004

for reference parts up to the monthly maximum contribution basis in accordance with § 45 ASVG

for reference parts above the monthly maximum contribution basis in accordance with § 45 ASVG

for reference parts up to the monthly maximum contribution basis in accordance with § 45 ASVG

for reference parts above the monthly maximum contribution basis in accordance with § 45 ASVG

from 1978

12.43%

3.96%

12.95%

4.49%

1977

12.70%

4.46%

13.29%

5.05%

1976

12.98%

4.95%

13.63%

5.61%

1975

13.25%

5.45%

13.97%

6.17%

1974

13.52%

5.95%

14.30%

6.73%

1973

13.79%

6.44%

14.64%

7.29%

1972

14.07%

6.94%

14.98%

7.85%

1971

14.34%

7.43%

15.32%

8.41%

1970

14.61%

7.93%

15.66%

8.97%

1969

14.88%

8.42%

15.99%

9.53%

1968

15.16%

8.92%

16.33%

10.09%

1967

15.43%

9.41%

16.67%

10.65%

1966

15.70%

9.91%

17.01%

11.21%

1965

15.97%

10.40%

17.34%

11.77%

1964

16.25%

10.90%

17.68%

12.33%

1963

16.52%

11.40%

18.02%

12.90%

1962

16.79%

11.89%

18.36%

13.46%

1961

17.07%

12.39%

18.70%

14.02%

1960

17.34%

12.88%

19.03%

14.58%

1959

17.61%

13.38%

19.37%

15.14%

1958

17.88%

13.87%

19.71%

15.70%

1957

18.16%

14.37%

20.05%

16.26%

1956

18.43%

14.86%

20.38%

16.82%

1955

18.70%

15.36%

20.72%

17.38%

The monthly maximum contribution basis in accordance with § 45 ASVG shall be three times the daily maximum contribution basis in accordance with Section 45 (1) of the ASVG.

(5) The pension contribution in the amount referred to in paragraph 4 above shall also be paid by the supreme institution to which Article VIIIa applies, including the special payment. Where the amount of the special payment is not more than half of the respective monthly maximum contribution basis in accordance with Article 45 of the ASVG, the total amount of the special payment shall be the amount of the reference price up to the monthly maximum contribution basis. Contribution rate. If the special payment is higher than half the monthly maximum contribution basis in accordance with Article 45 of the ASVG, the part of the special payment shall be subject to up to half of the monthly maximum contribution basis for the reference parts up to the monthly maximum contribution basis the rate of contribution provided for the remainder of the special payment of the contribution rate laid down for reference parts above the monthly maximum contribution basis. "

(3) In § 23g (3), after Z 9, a paint and the following Z 10 shall be inserted:

" 10.

for Members of the European Parliament to which Article VIIIa applies, for periods starting from 1 January 2005 the percentages given in paragraph 5. "

4. The following paragraph 5 is added to § 23g:

Section 12 (4) and (5) shall apply to Members of the European Parliament to which Article VIIIa is to be applied. "

(5) The following paragraph 4 is added to § 26:

" (4) In case of a retirement pension pursuant to § 27 (3) or § 27a before the completed 65. The life year shall be the rest period for each month, between the date of use and the date of completion of the 65. The following month's year is to be reduced by 0.35%, but not more than a total of 15%. "

6. § 27 (3) reads:

" (3) By way of derogation from paragraph 1, the member of the National Council or of the Bundesrat shall, at the request of the rest reference, be due to the completion of the 62. years of the following month's serenas. "

7. According to § 27, the following § 27a is inserted:

" § 27a. To the point of the 62 referred to in § 27 (3). Life year for members of the National Council or the Federal Council, which

1.

their 738. Month of life completed in the periods specified in the following table, the month of each month indicated in the right hand column:

until September 2004 740.

in October or November or December 2004 742.

in January or February or March 2005 743.

2.

on 1. In 1996, they had a total period of at least ten years of rest and their 678. Month of life completed in the periods specified in the following table, the month of each month indicated in the right hand column:

until September 2004 684.

in October or November or December 2004 690.

in January or February or March 2005 696.

in April or May or June 2005 702.

in July or August or September 2005 708.

in October or November or December 2005 714.

in January or February or March 2006 720.

in April or May or June 2006 726.

in July or August or September 2006 732.

in October or November or December 2006 738.

3.

on 1. In January 1996, a total period of less than ten years can be reconsidered, and in the event of a departure from their function

a)

in the period leading up to the end of 31 December 1996 and the completion of its 690. Life month in the periods indicated in the following table of each month of life cited in the right hand column:

until September 2004 694.

in October or November or December 2004 698.

in January or February or March 2005 702.

in April or May or June 2005 706.

in July or August or September 2005 710.

in October or November or December 2005 714.

in January or February or March 2006 718.

in April or May or June 2006 722.

in July or August or September 2006 726.

in October or November or December 2006 730.

in January or February or March 2007 734.

in April or May or June 2007 738.

in July or August or September 2007 742.

b)

in 1997 and at the completion of their 702. Life month in the periods indicated in the following table of each month of life cited in the right hand column:

until September 2004 705.

in October or November or December 2004 708.

in January or February or March 2005 711.

in April or May or June 2005 714.

in July or August or September 2005 717.

in October or November or December 2005 720.

in January or February or March 2006 723.

in April or May or June 2006 726.

in July or August or September 2006 729.

in October or November or December 2006 732.

in January or February or March 2007 735.

in April or May or June 2007 738.

in July or August or September 2007 741.

c)

in 1998 and in the completion of their 714. Life month in the periods indicated in the following table of each month of life cited in the right hand column:

until September 2004 717.

in October or November or December 2004 720.

in January or February or March 2005 722.

in April or May or June 2005 724.

in July or August or September 2005 726.

in October or November or December 2005 728.

in January or February or March 2006 730.

in April or May or June 2006 732.

in July or August or September 2006 734.

in October or November or December 2006 736.

in January or February or March 2007 738.

in April or May or June 2007 740.

in July or August or September 2007 742.

d)

in 1999 and in the completion of its 726. Life month in the periods indicated in the following table of each month of life cited in the right hand column:

until September 2004 728.

in October or November or December 2004 730.

in January or February or March 2005 732.

in April or May or June 2005 734.

in July or August or September 2005 736.

in October or November or December 2005 738.

in January or February or March 2006 740.

in April or May or June 2006 742. "

8. The following paragraph 4 is added to § 37:

" (4) In the event of a retirement pension pursuant to section 39 (3) before the completed 65. The life year shall be the rest period for each month, between the date of use and the date of completion of the 65. The following month's year is to be reduced by 0.35%, but not more than a total of 15%. "

Section 39 (3) reads as follows:

" (3) By way of derogation from paragraph 1, the supreme body within the meaning of section 35 (1) shall be due to the request of the pension from that of the completion of the 62. The following month's most important year. § 27a is to be applied with the proviso that, for a total period of at least four years, and for a total period of at least four years, the total period of validity of less than ten years shall be replaced by a maximum working time of less than 10 years. Functional duration of less than four years will occur. "

10. The following paragraph 4 is added to § 44c:

" (4) In case of a retirement pension pursuant to section 44d (3) before the completion of the completed 65. The life year shall be the rest period for each month, between the date of use and the date of completion of the 65. The following month's year is to be reduced by 0.35%, but not more than a total of 15%. "

11. § 44d (3) reads:

' (3) By way of derogation from paragraph 1, the Member of the European Parliament shall, at the request of the pensioner, be entitled to the completion of the 62. The following month's most important year. § 27a is to be applied "

12. The following paragraph 20 is added to § 45:

" (20) In the version of the Federal Law BGBl. I n ° 142/2004 enter into force:

1.

Section 49h (3) and Art. VIIIb with § 49q including the headings of 1 December 2004,

2.

§ 12 para. 3 to 5, § 23g para. 3 and 5, § 26 para. 4, § 27 para. 3, § 27a, § 37 para. 4, § 39 para. 3, § 44c para. 4, § 44d para. 3, § 49g para. 7 and Article VIIIa together with the transcripts with 1. Jänner 2005. "

13. § 49g (7) Z 1 and 2 reads:

" 1.

in the case of section 12 (2) (1) or (3) (10) or (4) or (4) or (3) (3) (3), (9) or (10) or (5) respectively, to multiply the number of months preceding 1 August 1997 in accordance with paragraph 2 (2), and to divide it by the number 120;

2.

in the case of section 12 (2) (2) or (4), to multiply the number of months referred to in paragraph 2 (2) of paragraph 2 before 1 August 1997 and to divide it by the number 48. '

13a. In § 49h (3), the following sentence shall be inserted after the first sentence:

" As pension insurance providers, the pension institutions of the statutory professional representations are also considered to be those under § 5 of the Industrial Social Security Act, BGBl. No 560/1978, persons excluded from pension insurance. '

14. Article VIIIa reads as follows:

" Article VIIIa

Special provisions for supreme organs born after 31 December 1954

Parallel invoice

§ 49l. (1) A supreme body, born after 31 December 1954, in accordance with Section 1 (1) of this Act, shall be entitled to the rest of the institution, as measured in accordance with the provisions of this Federal Law, to the extent to which the proportion of the provisions of the provisions of the law applicable to the law of revocation of the law of revocation of revocation Total time or Duration of operation of its total rest-lift-capable total time or Function duration.

(2) The supreme body covered by this article is, in addition to the pension, also a pension under the application of the General Pensions Act (APG), BGBl. I No 142/2004. § 16 (5) APG is not to be applied. The pension according to the APG is due only to the extent to which the share of the pension is from 1. Jänner 2005 acquired total time of rest and/or Duration of operation of its total rest-lift-capable total time or Function duration.

(3) The total pension of the supreme body covered by this Article shall be composed of the pro-rata pension referred to in paragraph 1 and of the pro-rata pension pursuant to para. 2.

(4) A parallel calculation shall not be carried out if:

1.

the proportion of those from 1. Jänner 2005 acquired total time of rest and/or Duration of function of the total period of rest-of-life, or the duration of the function or

2.

the proportion of the total period of rest and of the total period of rest, or of the total period of revocation, which shall be Duration of function of the total rest-of-rest-capable time, or Function Duration

is less than 5% or less than 12 months. In the case of Z 1, the rest reference is to be determined in accordance with the provisions of this Federal Law, with the exception of this article, in the case of Z 2 according to the APG.

Application of the APG

§ 49m. (1) For the purpose of the assessment of the pension under the APG, a pension account shall be established and managed for the supreme organs covered by this Article using Section 3 APG.

(2) The establishment and management of the pension account for the period from 1. Jänner 2005 is responsible for the enforcement of this federal law in accordance with § 50 or § 51.

(3) Section 3 of the APG must be applied with the proviso that the basis of assessment for the pension contribution shall be replaced by the basis for the contribution of the pension contribution (§ 12 para. 2 and § 23g (2)) up to the monthly maximum contribution basis in accordance with § 45 of the ASVG.

Management of the pension account; collection of data for the period up to 31 December 2004

§ 49n. (1) The data relevant for the management of the pension account for the period up to 31 December 2004 shall be collected by the competent authority in accordance with Section 49m (2) and shall be notified in writing to the supreme institution.

(2) Before taking over a function as the supreme body in accordance with this Federal Act, the last competent insurance institution shall provide the competent authority pursuant to section 49m (2) on request of the data relevant for the management of the pension account for: The time before the takeover of a function as the supreme body under this federal law is available.

(3) The supreme body may dispute the accuracy of the data contained in the notification referred to in paragraph 1 within four weeks of the notification of the notification, stating the reasons for the notification. In this case, the competent authority in accordance with Section 49m (2) shall determine the contentious part of the communication.

(4) The authority responsible pursuant to section 49m (2) shall integrate the data collected or legally established in accordance with paragraphs 1 to 4 into the pension account to be held by it.

Contometry

§ 49o. (1) The competent authority pursuant to section 49m (2) shall inform each supreme institution once a year from 2007 on its pension account (Kontomitteilung). The account shall contain the relevant data up to 31 December of the previous year.

(2) The Kontomitdivide is to be provided with automatic support as far as possible. In addition, in accordance with the technical requirements, it must be agreed that it can also be viewed electronically.

(3) It shall be retrospected that the data contained in the Kontomitdivide are incorrect, they shall be put right immediately and the supreme body shall be informed thereof.

Application of this federal law to the overall pension

§ 49p. (1) The contribution in accordance with § 44n is to be paid only from the pro rata pension pursuant to section 49l (1).

(2) Within the scope of this Federal Act, the total pension pursuant to section 49l (3) shall replace the rest cover. This shall not apply to provisions governing the dimensioning of the rest period in accordance with Section 49l (1).

(3) For the purposes of the application of § 28 of the Pension Act 1965, which is covered by the reference in § § 31, 44 and 44k, the total pension pursuant to section 49l (3) shall replace the rest or supply cover. "

15. By Art. VIIIa is the following type. VIIIb and headings inserted:

" Article VIIIb
Transitional provisions

Transitional provisions on the amendment of the BGBl amendment. I No 142/2004

§ 49q. Section 49h (3) of the second sentence also applies to cases in which, as from 1 August 1997, a transfer amount has been transferred to the pension insurance institution (the pension insurance institution of the employees). The application of Section 49h (3) second sentence does not preclude the legal force of any decisions that have already been taken. In these cases the transfer amounts are to be revalued at the request of the pension insurance institution with the recovery factor in accordance with § § 108 (4) and 108c ASVG and until 31 March 2005 to the second sentence referred to in § 49h (3) second sentence services to be transferred. "

Article 20

Amendment of the Federal Data Protection Act

The Federal Data Protection Act, BGBl. I No 64/1997, as last amended by the Federal Law BGBl. I n ° 38/2003, shall be amended as follows:

1. According to Article 12 (1), the following paragraph 1a is inserted:

" (1a) By way of derogation from paragraph 1, the pension insurance contribution of the institutions of the years of birth referred to in the following table shall apply to the percentages given in the following table:

The contribution rate shall be for institutions of the birth cohorts

1985 onwards

10.35%

1984

10.40%

1983

10.45%

1982

10.49%

1981

10.54%

1980

10.59%

1979

10.64%

1978

10.69%

1977

10.74%

1976

10.79%

1975

10.84%

1974

10.89%

1973

10.94%

1972

10.98%

1971

11.03%

1970

11.08%

1969

11.13%

1968

11.18%

1967

11.23%

1966

11.28%

1965

11.33%

1964

11.38%

1963

11.42%

1962

11.47%

1961

11.52%

1960

11.57%

1959

11.62%

1958

11.67%

1957

11.72%

1956

11.77%

1955

11.82% "

2. In § 12 para. 2, the quote shall be " 1 " by quoting " 1 and 1a " replaced.

2a. The following sentence shall be added to Article 13 (1):

" As pension insurance providers, the pension institutions of the statutory professional representations are also considered to be those under § 5 of the Industrial Social Security Act, BGBl. No 560/1978, persons excluded from pension insurance. '

3. § 13 (3) reads:

" (3) The amount of the credit shall be

1.

22.8% for the institutions of the birth cohorts referred to in Article 12 (1a),

2.

for all other institutions 23.6%

the contribution basis in accordance with § 12 for each month of the right to refer to or to the reference payment. The special payments shall be taken into account proportionately. "

4. In accordance with § 14, the following § 14a and title shall be inserted:

" Pension Account

§ 14a. For institutions pursuant to Section 12 (1a), pension accounts are subject to the appropriate application of § § 49m to 49o of the Bezügegesetz, BGBl. No. 273/1972. '

5. The following paragraph 5 is added to § 21:

" (5) In the version of the Federal Law BGBl. I n ° 142/2004 enter into force:

1.

Section 13 (1) and section 22, together with the title of 1 December 2004,

2.

§ 12 (1a) and (2), § 13 (3) and § 14a (1). Jänner 2005. "

6. In accordance with § 21, the following § 22 shall be added together with the heading:

" Transitional provision to the Novelle BGBl. I No 142/2004

§ 22. Section 13 (1) of the last sentence also applies to cases in which, as from 1 August 1997, an amount of credit has been transferred to the pension insurance institution (the pension insurance institution of the employees). The application of the last sentence of Section 13 (1) does not preclude the legal force of any decisions that have already been taken. In such cases, the amounts of the invoice amounts shall be revalued at the request of the pension insurance institution with the recovery factor in accordance with § § 108 (4) and (108c) of the ASVG, and until 31 March 2005, the amount of the invoice amounts to the last sentence of Section 13 (1) services to be transferred. "

Article 21

Amendment of the Constitutional Court Act 1953

The Constitutional Court Act 1953, BGBl. No. 85, as last amended by the Federal Law BGBl. I No 89/2004, shall be amended as follows:

(1) The following paragraphs 3 to 5 are added to § 5b:

" (3) Section XIII of the Pension Act 1965 shall be applied with the measures to:

1.

the duration of the term of office shall be replaced by the total service period referred to in § 99, and the period of office shall be replaced by

2.

the pension measurement and the pension account in accordance with the General Pension Act (APG), BGBl. I n ° 142/2004, only the period of office is to be taken into account.

(4) The article to be paid in accordance with § 5e is § 12 (4) and (5) of the Law on Bezügegesetz (BGBl). No 273/1972.

(5) The statutory provisions of this Federal Law shall not apply to members whose term of office begins after 31 December 2004. The statutory provisions of the General Social Insurance Act (BGBl) are to be replaced by BGBl. No. 189/1955, and the APG. "

2. In § 5f, the word "Todfall Contribution" by the word "Death Penalty" replaced.

(3) The following paragraph 20 is added to § 94:

" (20) § 5b (3) to (5) in the version of the Federal Law BGBl. I n ° 142/2004 shall take place on 1 January 2004. Jänner 2005 in Kraft. "

Article 22

Amendment of the Family Law Compensatory Act 1967

The Family Law Balancing Act 1967, BGBl. No. 376, as last amended by the Federal Law BGBl. I n ° 110/2004, is amended as follows:

1. § 3 (2) reads:

"(2) Paragraph 1 shall not apply to persons who have been permanently resident in the Federal territory for at least sixty calendar months, as well as to stateless persons and persons who have been granted asylum in accordance with the Asylum Act 1997."

Section 38a (3) reads as follows:

"(3) recipients of grants may only be Austrian nationals, stateless persons with exclusive residence in the federal territory and persons who have been granted asylum in accordance with the Asylum Act 1997."

Section 39j (2) reads as follows:

" (2) The expenditure for periods of child-rearing in the pension insurance in accordance with § § 52 (4) Z 3 ASVG, 27e Z 2 GSVG and 24e Z 2 BSVG in conjunction with § § 617 (5) ASVG, 306 para. 4 GSVG and 295 para. 5 BSVG as well as the effort for information measures in this regard shall be taken from the compensation fund for family allowances. '

4. According to § 50x, the following § 50y is inserted:

" § 50y. (1) § 39j (2) in the version of the Federal Law BGBl. I n ° 142/2004 shall enter into force 1. Jänner 2005 in force.

(2) § § 3 (2) and (38a) (3) in the version of the Federal Law BGBl. I n ° 142/2004 shall enter into force on 1 May 2004. Excluded are those cases in which, up to and including the day, this federal law was granted asylum in accordance with the Asylum Act 1997. "

Article 23

Amendment to the Service Procurement Act

The Official Procurement Act, BGBl. I n ° 28/2003, shall be amended as follows:

1. In § 3, second half-sentence, the expression: "to the compensation fund of pension insurance institutions (§ 447g ASVG)" by the expression "to the pension insurance institution" replaced.

2. The previous text of § 6 is given the title "(1)" ; the following paragraph 2 is added:

" (2) § 3 second half-sentence in the version of the Federal Law BGBl. I n ° 142/2004 shall enter into force 1. Jänner 2005 in Kraft. "

Fischer

Bowl