Social Security Law in Austria

Name: Social Security Law in Austria
Brand: Wolters Kluwer
Price: 71.49 EUR
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Nora Melzer(Autor*in)

Wolters Kluwer (Verlag)

Erschienen am 18. Dezember 2023

168 Seiten

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978-94-035-4947-7 (ISBN)

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Inhalt

Cover
Half Title
Title
Copyright
The Author
Table of Contents
List of Abbreviations
General Introduction
Chapter 1. Historical Background
Chapter 2. Structures and Characteristics of the Austrian Social Security System
§1. SYSTEMATIC CLASSIFICATION OF SOCIAL LAW
I. Social Insurance
A. Establishing a Risk Community According to Professional Groups
B. Compulsory Insurance
C. Solidarity Ex Lege Insurance
D. Contract Between Generations
II. Social Welfare
III. Social Compensation Benefits for Victims and as a Reward
§2. PUBLIC LAW CHARACTER OF SOCIAL SECURITY BENEFITS
Chapter 3. Sources of Social Security Law
§1. INTERNATIONAL AND EUROPEAN SOURCES
I. International Organizations
A. International Labour Organization
II. European Organizations
A. The Council of Europe
B. The European Union
C. National Unilateral and Multilateral Intergovernmental Agreements
§2. NATIONAL SOURCES
I. Constitutional Laws
A. Federal Competences in Legislation and Administration
B. Competencies Shared Between the Federal and State Governments
II. Federal and State Laws and Statutes (Non-constitutional Level)
III. Autonomous Legal Sources of National Social Security Institutions
A. Statutes
B. Health Regulations
C. Guidelines of the Umbrella Organization of Social Insurance Institutions
D. Framework Agreements and Individual Contracts
IV. Social Security Procedures Law
Chapter 4. Insured Persons
§1. OBLIGATORILY INSURED PERSONS
I. Employees
A. Definition of Employee
B. Full Insurance and Partial Insurance
C. Types of Employees
D. Beginning and End of the Insurance Relationship
E. Employer
II. Free Employees
III. Specific Forms of Independent Workers
IV. 'Old' Self-Employed Persons
V. 'New' Self-Employed Persons
VI. (Self-Employed) Farmers
VII. Civil Servants and Employees of (Former) Public Bodies
§2. VOLUNTARILY INSURED PERSONS
I. Persons with Self-Insurance
II. Persons with Continued Self-Insurance
III. Persons with Increased Self-Insurance
IV. Formally Insured Persons
Part I. The Institutions
Chapter 1. Highest Administrative Bodies and Representatives
Chapter 2. Social Insurance Institutions
Chapter 3. Other Authorities
Part II. Contribution and Financing
Chapter 1. Contribution Law of Employees and Free Employees
§1. BASIS OF CONTRIBUTION: (FREE) EMPLOYEE'S PAYMENT
§2. SIZE OF CONTRIBUTION
Chapter 2. Contribution Law for Self-Employed Persons
§1. SELF-EMPLOYED PERSONS UNDER THE COMMERCIAL SOCIAL SECURITY ACT
§2. SELF-EMPLOYED PERSONS UNDER THE FARMERS' SOCIAL SECURITY ACT
Part III. Healthcare
Chapter 1. General Introduction and Field of Application
§1. GENERAL STRUCTURE, PRINCIPALS AND TERRITORIAL FIELD OF APPLICATION
I. Occupational Affiliation and Competent Insurance Institutions
II. Principle of Finality
§2. PERSONAL SCOPE OF APPLICATION
I. Insured Persons
II. Co-insured Persons
III. Other Economically Inactive but Insured Persons
Chapter 2. Events Insured and Benefits
§1. GENERAL INFORMATION
§2. ILLNESS
I. Definitions
A. Legal Term
B. Illness in Contrast to Impairment
II. Benefits
A. Medical Treatment
B. Institutional Care
C. Medical Home Nursing
D. Dental Treatment, Dentures, Orthodontic Treatment
E. Transport to a Medical Facility
F. Remedies in the Case of Impairment
G. Medical Rehabilitation
§3. INCAPACITY TO WORK DUE TO ILLNESS
I. Definition
II. Benefits
A. Sickness Allowance
1. Employees
2. Free Employees
3. Unemployed Persons
4. Marginally Employed Persons
5. Self-Employed Persons
6. Grounds for Exclusion from Sickness Allowance
B. Rehabilitation Allowance
§4. PREGNANCY AND MATERNITY
I. Definition
II. Benefits
A. General
B. Operational Assistance
C. Maternity Allowance
§5. REINTEGRATION AFTER LONG-TERM SICK LEAVE
I. Definition
II. Benefits
§6. EARLY DETECTION AND PREVENTION OF DISEASES
I. Definition
II. Benefits
Part IV. Family Allowances
Chapter 1. General Information
Chapter 2. Family Benefit
§1. TERRITORIAL AND PERSONAL FIELD OF APPLICATION
§2. AMOUNT OF THE FAMILY BENEFIT
Chapter 3. Childcare Allowance
§1. TERRITORIAL AND PERSONAL FIELD OF APPLICATION
§2. AMOUNT OF THE CHILDCARE ALLOWANCE
I. Flat-Rate Childcare Allowance
II. Income-Related Childcare Allowance
Part V. Incapacity to Work
Chapter 1. General Information and Field of Application
§1. INCAPACITY TO WORK WITHIN THE VARIOUS FIELDS OF INSURANCE
§2. PERMANENT AND TEMPORARY INCAPACITY TO WORK
Chapter 2. Incapacity to Work Within the Pension Insurance Scheme
§1. GENERAL INFORMATION
§2. TERMINOLOGY
§3. ELIGIBILITY CRITERIA
I. General
II. Waiting Period
III. Rehabilitation Before Retirement
IV. Determination of the Incapacity to Work
§4. BENEFITS
I. Invalidity Pension
A. Invalidity of Skilled and Semi-Skilled Workers
B. Invalidity of Unskilled Workers
II. Occupational Disability Pension
III. Incapacity to Work Pension
IV. Pension Amount
V. Partial Pension
VI. In Relation to the Regular Retirement Pension
Part VI. Industrial Accidents and Occupational Diseases
Chapter 1. (General and) Field of Application
§1. GENERAL INFORMATION
§2. PERSONAL SCOPE OF APPLICATION AND THE ACCIDENT INSURANCE INSTITUTIONS
I. Insured Workforce
II. Insured Kindergarten Children, Pupils and Students
III. Accident Insurance Institutions for Each Protected Group
Chapter 2. Insured Events and the Reduced Capacity to Work
§1. CONCEPT OF INDUSTRIAL ACCIDENT
I. Legal Definition and Criteria
II. Protected Situations
A. Accident during Employment
B. Business Trips
C. Commuting Accidents
D. Other Protected Routes
E. Social Events Organized by the Company
F. Activities Related to Works Constitution Law
G. Actions of General Interest
H. Kindergarten Children, Pupils and Students
III. Imputability
A. Condition of Causality
B. Condition of Meaning: Adequacy
C. Theory of the Essential Condition or Essential Contributing Cause
§2. CONCEPT OF OCCUPATIONAL DISEASE
Chapter 3. Benefits
§1. GENERAL
§2. BENEFITS IN KIND: VARIOUS FORMS OF MEDICAL CARE
I. Accident Treatment
II. Rehabilitation
III. Remedies
§3. CASH BENEFITS
I. Disability Pension and Disability Allowance
A. Disability Pension for Employees
B. Disability Allowance for Employees
C. Disability Pension for Students and Pupils
II. Family and Daily Allowances During Treatment
III. Interaction with Other Benefits
IV. Integrity Payment
V. Benefits for Relatives
A. Widow's or Widower's Pension
B. Orphan's Pension
C. Pensions to Dependent Siblings or Parents
VI. Contribution to Funeral Costs
§4. EMPLOYER'S BENEFIT: ALLOWANCE FOR CONTINUED REMUNERATION
§5. PREVENTION OF OCCUPATIONAL DISEASE AND INDUSTRIAL ACCIDENTS
§6. ADMINISTRATION
I. Accident Report
II. Legal Nature of the Insurance Benefits
Part VII. Unemployment
Chapter 1. Legal Framework
§1. COMPETENT INSTITUTIONS AND FINANCING
§2. INSURED PERSONS
Chapter 2. Provision of Work
Chapter 3. Financial Unemployment Benefits
§1. UNEMPLOYMENT ALLOWANCE
I. General
II. Requirements in Detail
A. Unemployed
B. Capability
C. Willingness
D. Availability
E. Qualifying Periods
III. Maximum Duration
IV. Amount
V. Sanctions
VI. Suspension
§2. EMERGENCY ASSISTANCE
I. General
II. Requirements
III. Duration
IV. Amount
V. Sanctions
§3. PENSION ADVANCES
§4. SPECIAL SUPPORT FOR MINERS
§5. FURTHER TRAINING ALLOWANCE
§6. PART-TIME EDUCATION ALLOWANCE
§7. PARTIAL RETIREMENT BENEFITS
Part VIII. Pensions
Chapter 1. Introduction
§1. PRINCIPLES AND RESPONSIBILITIES
§2. LEGAL SOURCES
§3. OVERVIEW OF INSURANCE CLAIMS AND BENEFITS
Chapter 2. Eligibility Criteria in General
§1. REFERENCE DATE
§2. QUALIFYING PERIOD AND PERPETUAL ENTITLEMENT
§3. INSURANCE PERIODS
§4. INSURANCE MONTHS IN MULTIPLE PENSION INSURANCE SCHEMES
§5. INSURANCE PERIODS ABROAD
Chapter 3. General Information on Entitlement
§1. PAYMENT
§2. LAPSE OR SUSPENSION
Chapter 4. Insured Events and Benefits
§1. INSURED EVENT OF OLD AGE
I. Old-Age Pension
A. Eligibility Criteria
1. Standard Retirement Age
2. Minimum Insurance Periods
B. Pension Calculation under New Law
C. Pension Calculation under Old Law
D. Increased Pension by Exceeding the Standard Retirement Age
E. Increased Pension Through an Additional Income
F. Increased Pension Through an Early Start in the Working Life
II. Benefits in the Case of Early Retirement
A. General
B. Corridor Pension
C. Heavy Labour Pension
D. Forms of Early Retirement Pensions under Old Law
E. Special Pension
F. Bridging Allowance
§2. INSURED EVENT OF REDUCED CAPACITY TO WORK
§3. INSURED EVENT OF DEATH
I. General
II. Widows' or Widowers' Pension
A. Eligibility Criteria
B. Pension Amount
III. Orphan's Pension
IV. Severance Pay
V. Supplementary Benefits
A. Equalization Supplement
B. Child Benefit
Part IX. Handicapped Persons
Part X. Minimum Income Benefits, Long-Term Care and Specific Compensation Benefits
Chapter 1. Social Assistance
§1. DEFINITION AND TYPES
§2. CRITERIA
§3. LEGAL BASIS
Chapter 2. Long-Term Care
§1. DEFINITION
§2. CRITERIA
§3. AMOUNT OF CARE ALLOWANCE
Chapter 3. Social Compensation Benefits for Victims and as a Reward
Part XI. Claims and Adjudication
Part XII. Modifications in General Tort Law by Social Security Law
Chapter 1. The Social Security Agency's Right to Recourse from the Injuring Party in the Event of Industrial Accident and Occupational Disease
Chapter 2. Employer's Liability Privilege in the Case of Industrial Accidents and Occupational Diseases
Chapter 3. Ex Lege Transfer of Claims for Compensation from Injured Employee to Social Insurance Agency
§1. EXTENT OF TRANSFER OF CLAIMS
§2. ASSERTION
§3. EXCEPTIONS AND LIMITATIONS
Selected Bibliography
List of Statutes
Back Cover

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