Federal Agricultural/Forestry Service Law: new severance pay rules for partial-pension workers, effective 1 Jan 2026
The 2025 Employment Law Amendment (Dienstrechts-Novelle 2025, BGBl. I Nr. 100/2025) inserts two new paragraphs into § 92b of the Land- und Forstarbeiter-Dienstrechtsgesetz, governing the old-style lump-sum severance pay (Abfertigung) in cases involving a partial pension (Teilpension). The new rules take effect on 1 January 2026 and apply only to workers whose federal employment began before 1 January 2003.
What changed
Two new paragraphs were added to § 92b, which covers the old lump-sum severance pay (Abfertigung — a one-time payment on termination of employment). Paragraph 4c states that when an employee is on a partial pension (Teilpension under § 4a APG — a gradual-retirement arrangement), the severance amount must be calculated on the basis of the working hours before the partial pension started, not the reduced part-time hours. Paragraph 4d creates a new right to severance when an employee ends their employment specifically to take up a partial pension with a different employer, provided the termination is not an unjustified early exit.
Who is affected
These rules apply exclusively to federal agricultural and forestry workers whose employment with the federal government began before 1 January 2003 — the group still covered by the old severance system. Workers planning to transition to a partial pension under § 4a APG, whether with their current or a new employer, are directly affected.
What to look out for
The two new paragraphs (§ 92b Abs. 4c and 4d) enter into force on 1 January 2026 under the Dienstrechts-Novelle 2025 (BGBl. I Nr. 100/2025). Other provisions of the same amendment (§ 18 Abs. 2, § 28 Abs. 1 Z 1, and § 94) already took effect on 1 April 2025. Additionally, the EU Pay Transparency Directive (CELEX 32023L0970) is now listed as being implemented by this law.