Act No. 134 / 1997 Coll.
Act amending and supplementing Act No. 155 / 1995 Coll., on Pension Insurance, Act of the Czech National Council No. 582 / 1991 Coll., on Organisation and Implementation of Social Security, as amended, and Act No. 87 / 1991 Coll., on Outcourt Rehabilitation, as amended
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Law
Effective from 01.01.1998
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134
THE LAW
of 11 June 1997
amending and supplementing Act No. 155 / 1995 Coll., on Pension Insurance, Act No. 582 / 1991 Coll., on Organisation and Implementation of Social Security, as amended, and Act No. 87 / 1991 Coll., on Outcourt Rehabilitation, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to Act No. 155 / 1995 Coll., on Pension Insurance
Act No. 155 / 1995 Coll., on Pension Insurance, is amended as follows:
1. In the second sentence of Article 3 (2), the words "to claim a full invalidity pension and a partial invalidity pension [Article 4 (b) and (c)] 'are replaced by the words" to be a party to proceedings for the grant of a full invalidity pension and a partial invalidity pension [Article 4 (1) (b) and (c)]' and, at the end, the period is deleted and the following words are added: "and shall continue until maturity has been reached '.
2. In Paragraph 3 (2), the following sentence is added at the end: "The provisions of the Civil Code apply mutatis mutandis to restrictions and waivers of legal capacity."
3. In Article 5 (1) (b), at the end of the comma, the following words are replaced by "a 'and the following words are added:" soldiers in next service, 5)'.
4. In Article 5 (1) (m), the following shall be inserted after the word "medium ':" or higher vocational school (secondary school)'.
5. in Article 5 (1) (n), at the end of the comma, the following words shall be replaced by "a" and the following words shall be added: "the period of participation in insurance referred to in Article 6 (1) (a) shall not count; the condition of keeping the employment register as a job candidate shall be deemed to have been fulfilled for the purposes of this Act for the period for which, under a special law, the physical security of the jobseekers before taking up the employment register falls. 28)
28) Paragraph 12 (3) of Act No. 1 / 1991 Coll., on Employment. '
6. in Article 5 (1) (t), the word "pension" shall be deleted;
7. In Article 5 (3), the first sentence "if a parent has died or left the household 'is replaced by" if the child has been entrusted to the second spouse by a decision of the court or if the second parent has died, or if he is not known' and the following sentence is added at the end: "The second sentence shall apply mutatis mutandis to a person who looks after a child under 18 years of age, if the long-term disabled is requiring exceptional care. '
8. In Article 6 (2), the following is inserted after the words "pursuant to Article 11 ':" paragraph 1 (a)'.
9. in the second sentence of Article 10 (5) (a), the words "also the interruption of such activity if such interruption took place" shall be replaced by the words "always the interruption of such activity, from the date of interruption of that activity, if the interruption took place after the month in which such interruption took place."
10. in Article 10 (5), the word "or" shall be added at the end of paragraph (c); in paragraph (d), the word "or" shall be replaced at the end of the comma and the word "or" shall be deleted;
11. in the first sentence of Article 11 (2) and in Article 47 (1) (a), the word "(care)" shall be inserted after the words "sickness insurance."
12. In Article 16 (3), the following sentence is added at the end: "If it concerns an insured person referred to in Article 6, who pays the premium for the calendar year preceding that in which the premium is paid by more than one year, the assessment basis on which the premium is paid shall be adjusted by multiplying it by the coefficient fixed as the percentage in which the numerator is the general assessment basis (§ 17 (2) for the calendar year for which the premium is paid and by the denominator being the general assessment basis for the calendar year preceding the calendar year in which it was paid by two years, multiplied by the conversion rate (§ 17 (4) for the adjustment of that general assessment basis."
13. In the second sentence of Article 16 (4), the following words are inserted after the words "to the assessment basis,": "the period of insurance referred to in Article 11 (1) (b),"
14. the following words shall be deleted at the end of Paragraph 16 (4) (b): "or old-age pension; in so doing, the payment of similar pensions from the foreign insurance holder shall be considered as receiving such pensions; ';
15. in Article 16 (4) (e), the words "care of persons referred to" shall be replaced by the words "participation in the insurance of persons referred to."
16. Paragraph 16 (4) (g) reads as follows:
"(g) participation in insurance of persons referred to in Article 5 (1) (n),"
17. Article 16 shall be added in paragraph 7:
"(7) The personal assessment basis and the annual assessment basis of the insured person shall be rounded up to the whole crown. ';
Paragraph 19 (1) reads as follows:
"(1) An old-age, full-disability and partial invalidity pension of an insured person who receives or receives one of these pensions or benefits for years shall not be calculated from a lower calculation base than the calculation base established in accordance with Section 15 of the personal assessment base for which the former pension has been assessed, multiplied by the coefficient set out as the proportion in which the numerator is the product of the general assessment base for the calendar year preceding the year of the pension, and the conversion rate (Paragraph 17 (4) for the adjustment of that general assessment base, and the denominator is the general assessment basis for the last calendar year of the period of the determination of the personal assessment base for the previous pension. If an earlier pension has not been assessed on the basis of the assessment bases laid down for the relevant period (Paragraph 18), the first sentence shall be followed, stating that in the denominator is the general assessment basis for the calendar year preceding the calendar year in which the former pension is granted; If the former pension has not been calculated on the basis of the calculation basis, the general assessment basis on which the pension was calculated shall be considered as a personal basis, multiplied by the conversion rate for adjusting that general assessment basis. If the insured person receives more than one pension, the highest calculation basis laid down in the first and second sentences shall apply. ';
19. In Paragraph 19 (2), the following sentence is added at the end: "Where an earlier pension has not been calculated from the average monthly earnings established for the relevant period, the first sentence of paragraph 1 shall be followed by the fact that the denominator has a general assessment basis for the calendar year preceding the calendar year in which the former pension is granted. '
20. At the end of Paragraph 20 (5) (a), the following words are added: "education of a severely disabled child exempt from compulsory schools29), and further study at a high school or dance conservatory, if the school years by which the child completes the number of years required to complete compulsory schooling,
29) Paragraph 37 (2) of Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended by Act No. 171 / 1990 Coll. and Act No. 138 / 1995 Coll. '.
21. In Section 21, the following is inserted after the words "profession ':" for the purposes of this Act' and in point (b) the words "and in special schools' are deleted.
22. The text of Paragraph 21 shall become paragraph 1 and the following paragraphs 2 and 3 shall be added:
"(2) According to paragraph 1, secondary schools shall mean such schools, where they are included in a network of schools, 30) as well as armed forces and armed corps and fire protection schools; 31) Preparation for work applications in training facilities for citizens with altered skills means such preparation under the employment rules. 32)
(3) The study of higher education as referred to in paragraph 1 shall also be considered to be a comprehensive part of the higher education and post-graduate study of graduates of higher education. 33) For the purposes of this Act, training in special schools is also considered to be secondary school studies.
30) Article 1 of Act No. 29 / 1984 Coll., as amended by Act No. 171 / 1990 Coll. and Act No. 138 / 1995 Coll.
31) Paragraph 23 (3) of Act No. 564 / 1990 Coll., on State Administration and Self-Government in Education. § 53 et seq. of Act No. 29 / 1984 Coll., as amended by Act No. 171 / 1990 Coll. and Act No. 138 / 1995 Coll.
32) § 13 of the ČNR Act No. 9 / 1991 Coll., on Employment and Jurisdiction of the Bodies of the Czech Republic on the Employment Sector, as amended by Act No. 272 / 1992 Coll.
33) Sections 21 and 22 of Act No. 172 / 1990 Coll. '
23. Paragraph 22 (2) (b), including footnote 34, reads as follows:
"(b) the period from the successful completion of the final or final examination, if the examination is carried out in May or June, to the end of the school teaching period of the school year, 34) in which such examination was carried out; This also applies if discharge was carried out in May or June,
34) Sections 25 and 38 of Act No. 29 / 1984 Coll., as amended by Act No. 171 / 1990 Coll. and Act No. 138 / 1995 Coll. '.
24. in Article 22 (2) (b), the dot at the end is replaced by a comma and the following point (c) is added:
"(c) the period of school holidays immediately following the completion of the studies or the period referred to in point (b), if the child does not pursue a gainful activity for the full calendar month, to the extent specified in paragraph 27, nor does he receive physical security for applicants for employment, unless he has become a university student; This shall not apply where the last year of study has been conducted during the period of military basic (replacement) service or the duration of service of persons referred to in § 5 (1) (b). ';
25. Paragraph 23 (2) (b) reads as follows:
"(b) the calendar month in which the child completed his or her studies at a university, and the calendar month following the calendar month in which the child completed his or her studies at a university, provided that the child does not engage in gainful activity throughout that month to the extent referred to in Article 27, nor does he or she receive physical security for the jobseekers;"
26. in Article 23 (2) (b), the dot at the end is replaced by a comma and the following point (c) is added:
"(c) the period from completion of a university to the date on which the child became a student of the same or other higher education, provided that the studies at the same or other university immediately follow the completion of a university, but no later than three calendar months following the calendar month in which the child completed his studies; This applies mutatis mutandis if the studies referred to in Paragraph 21 (3) are carried out. ';
27. In the first sentence of Article 25 (1), the following words are inserted after the word "who ':" has suffered from an insurance participation in an activity and who' and after the word "ratios' the following words are inserted:" valid at the time of the creation of full or partial invalidity as a result of the accident '.
28. in § 29 (a), the words "pursuant to § 32" shall be deleted;
29. Paragraph 30 shall become paragraph 1 and the following paragraphs 2 to 4 shall be added:
"(2) The insured person shall also be entitled to an old-age pension before reaching retirement age if:
(a) has obtained insurance periods of at least 25 years;
(b) on the date on which the old-age pension is to be awarded, it shall be a beneficiary of a partial invalidity pension or shall not be paid for the reasons set out in Article 46 (1) (c) or Article 46 (2); and
(c) on the date referred to in point (b), until the age of retirement is reached, he shall be no more than two years short.
(3) The insured person shall also be entitled to an old-age pension before reaching retirement age if:
(a) has obtained insurance periods of at least 25 years;
(b) receive a full disability pension continuously for at least five years; and
(c) the entitlement to a full invalidity pension received for the period referred to in (b) has disappeared and is no more than five years short on the date of retirement.
(4) The entitlement to an old-age pension referred to in paragraphs 2 and 3 shall arise if the conditions referred to in those paragraphs are met by 31 December 2006. "
30. in Paragraph 31 (1) (b), the following shall be inserted after the word "him": "from the date on which the old-age pension is granted,"
31. In § 34 (1), § 41 (2), first sentence and § 45 (2), first sentence, the word "monthly" shall be inserted after the words "calculation basis."
32. In Paragraph 36, the following paragraph 1 is added:
"(1) The amount of the percentage of the old-age pension to which the pension was entitled pursuant to Paragraph 31 before 1 January 2007 shall be determined in accordance with Paragraph 34 (1), with a reduction in that amount for insured persons who, on the date on which the old-age pension is granted,
(a) have not reached the age limits referred to in Article 32 (1) or, where applicable, the reduced age limits referred to in Articles 74, 76 and 94 (a), by 0,6% of the calculation base for each of the 90 calendar days from the date on which the old-age pension is granted until the retirement age is reached [Sections 32 (2) and (3), 74, 76 and 94 (a)];
(b) have reached the age limits referred to in Section 32 (1) by 0,3% of the calculation base for each and every 90 calendar days starting from the date on which the old-age pension is granted until the retirement age is reached (Sections 32 (2) and (3));
However, the amount of the percentage area after reduction may not be less than that referred to in the third sentence of Paragraph 33 (2). ';
Paragraphs 1 and 2 shall become paragraphs 2 and 3.
33.In Paragraph 36 (2), the following shall be inserted after the words "pursuant to Paragraph 31": "after 31 December 2006."
34. in Article 37 (1) (b), the words "until the end of the calendar year in which the old-age pensioner reached the age of two years higher than that in the calendar year in which the entitlement to the old-age pension under Article 29 was acquired" shall be replaced by the words "two years after the entitlement to that pension was established."
Paragraph 37 (3) reads as follows:
"(3) Paragraph 1 shall not apply to insured persons who have reached the age of 65. ';
36. Paragraph 37 shall be added to paragraph 4:
"(4) The period of two years after entitlement to the old-age pension referred to in paragraph 1 shall be calculated from the first day of the calendar month in which entitlement to the old-age pension was acquired; that period shall mean 24 calendar months. The income from the gainful activity [paragraph 1 (a) (1)], obtained in the calendar month in which the day from which the old-age pension is granted falls, shall not be taken into account if the activity is completed before that date. ';
37. Paragraph 39 (2) shall be deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
38. In Paragraph 39 (2) of the sentence behind the semicolon, the word "option 'is replaced by" ability'.
40. In Paragraph 41 (2), the following sentence is added at the end: "If, on the date on which the entitlement to a full invalidity pension was acquired, the insured person has remained entitled to a partial invalidity pension, the amount of the percentage of the full invalidity pension shall be at least equal to the percentage of the previous partial invalidity pension. '
41. In the first sentence of Article 41 (3), the following is inserted after the words "retirement age ':" referred to in Article 32'.
42. In Article 42 (1), the words "because of the long-term unfavourable health condition, it could not have been covered by insurance 'are replaced by the words" not covered by insurance for the required period of time (§ 40)'.
43. Paragraph 42 (2) of the first sentence shall read: "The amount of the percentage of the full invalidity pension of the person referred to in paragraph 1 shall be 45% per month of the basis of calculation; For the purposes of determining the calculation basis, the general assessment basis shall be considered as a personal basis, which shall be two years preceding the year of the full invalidity pension, multiplied by the conversion rate (Paragraph 17 (4)) for the adjustment of that general assessment base. ';
44. in Article 42 (3) and (4), the words "Full disability pension" are replaced by the words "Percentage of full invalidity pension."
45. in Paragraph 42 (3) of the part of the sentence after the semicolon, the following is inserted after the words "in the Czech Republic": "after completion of compulsory education."
(46) Paragraph 42 is added in paragraph 5:
"(5) Where the beneficiary of a full invalidity pension is employed abroad, the full invalidity pension shall not be paid for the duration of that occupation. ';
47. in the second sentence of Paragraph 44 (1), "paragraph 3" is replaced by "paragraph 2."
48. In Paragraph 44 (3), the following sentence is added at the end: "The condition of the required period of insurance shall be deemed to have been fulfilled if, immediately before the occurrence of partial invalidity, the full invalidity pension granted under Paragraph 42 (1) or similar provisions in force before 1 January 1996 have been received. '
49. In Paragraph 45 (2), the following sentence is added at the end: "Where entitlement to a partial invalidity pension has arisen, taking into account the second sentence of Paragraph 44 (3), the amount of the percentage of partial invalidity pension shall be half of the percentage referred to in the first sentence of Paragraph 42 (2)."
50. In Paragraph 46 (3), the following sentence is added at the end: "Paragraph 1 shall not apply to an insured person who has reached the age of 65."
51. Paragraph 46 is added to paragraph 4:
"(4) However, a partial invalidity pension shall be paid in full if the total income from the gainful activity for the calendar year referred to in Article 47 (2) does not exceed 12 times the life-minimum applicable to the person who is the beneficiary of the old-age pension on 1 January of the calendar year for which the average monthly income from the gainful activity is determined in accordance with Article 47 (2). Where the year of the grant of the partial invalidity pension is preceded by the calendar year in which the insured person's average monthly income is checked in accordance with Article 47, 12 times the amount indicated in the sentence of the first, in proportion to the number of calendar days of receipt of that pension in the calendar year, shall be adjusted. '
52. In Article 47 (1), in the part of the sentence before the semicolon, the following is inserted after the words "paragraph 2": "the first sentence" and in the part of the sentence after the semicolon, the words "only those income from which insurance is paid shall be taken into account" shall be replaced by the words "the income from the gainful activity shall be regarded as the basis of assessment for the determination of premiums under the Specific Law (17) '; in point (a), after the word" activities', comma is replaced by "or ';
53. In Paragraph 47 (2), the following sentence is added at the end: "The average monthly income from the gainful activity shall be calculated as the product of the coefficient 30,4167 and the proportion of total income from the gainful activity for the period laid down in the first sentence and the number of calendar days for that period; where there are periods excluded under points (a) to (c) of paragraph 1 during that period, they shall be reduced by the number of calendar days attributable to that period. ';
54. In Paragraph 47 (7), the words "but first from the payment of this pension due in the calendar month in which the summary referred to in paragraph 3 or 4 was submitted 'shall be deleted.
55. Paragraph 48 (1) reads as follows:
"(1) A comparable assessment basis for an insured person is a personal assessment basis on which a partial invalidity pension has been assessed, multiplied by a coefficient established as a percentage in which the numerator is the product of the general assessment base (§ 17 (2)) per calendar year for the three years preceding the year in which the insured person's average monthly income from the gainful activity is checked pursuant to § 47 and the conversion rate (§ 17 (4)) for the adjustment of that general assessment base, and the denominator is the general assessment basis for the preceding year of the relevant period (§ 18). If the relevant period does not cover at least two calendar years, the first sentence shall be followed by the fact that the denominator has a general assessment basis for the calendar year by two years preceding the calendar year in which the partial invalidity pension was granted. If, prior to the granting of a partial invalidity pension, the insured person was entitled to a full invalidity pension or a partial invalidity pension and when the grant of a partial invalidity pension was based on the basis of the assessment basis on which the former full invalidity or partial invalidity pension was calculated, the first sentence of the sentence of the relevant period laid down for the measurement of the former full invalidity or partial invalidity pension shall be based; However, if the relevant period from which the previous pension was calculated has not been at least two calendar years, it shall be treated mutatis mutandis in accordance with the second sentence, taking into account, instead of the calendar year in which the partial invalidity pension was granted, the calendar year in which the previous pension was granted. ';
56. Paragraph 48 shall be added to paragraph 3:
"(3) If the partial invalidity pension has not been calculated on the basis of the calculation base or on the average monthly earnings in accordance with the rules in force before 1 January 1996, the general assessment base per calendar year shall be considered as a personal basis for the general assessment basis for the two years preceding the calendar year in which the partial invalidity pension was granted; where the insured person was entitled to a full invalidity pension before the granting of the partial invalidity pension, the provisions of paragraph 1, third sentence, shall apply mutatis mutandis. ';
57. Paragraph 54 (3) shall be replaced by a semicolon at the end of the period and the following words shall be added: "the amount of the pension calculated on the date on which the pension entitlement is acquired shall be rounded up separately."
58. In the first sentence of Article 56 (3), the following is inserted after the words "or 4 ':" or the notification referred to in Article 47 (3)' and the words "this summary 'are replaced by the words" this document'.
(59) In Paragraph 65 (1), the words "pension" are replaced by the words "pension payment."
60. In Paragraph 66 (1), the words "abroad 'are deleted.
65. In Paragraph 71 (1), the following sentences shall be added at the end: "For the purposes of comparing the amounts of old-age, full-time and partial-time invalidity pensions referred to in the first sentence, the amount of such pensions shall be the percentage rates of those pensions. The amount of the basic amount of the old-age, full-time invalidity and partial invalidity pension, if the amount is fixed after 31 December 1995, applying the provisions in force before 1 January 1996, shall be determined in accordance with the provisions in force on the date on which the pension is granted; the basic amount of the pension shall include a fixed amount increase. ';
66. In Article 71 (2), "31 December 2016 'is replaced by" 31 December 2018';
67. In Paragraph 71 (4), "a 'is replaced by" a' at the end of the period and the following words are added: "the procedure laid down in Paragraph 41 (3) shall be followed in determining the period to be calculated. '
69. In Paragraph 76 (1), the following sentence is inserted after the first sentence: "Paragraph 74 of the second sentence shall apply mutatis mutandis. 'and at the end the following sentence shall be added:" The amount of the percentage of the old-age pension referred to in the first sentence shall be increased in accordance with Paragraph 34 (2) after 55 years of age.'
70. In the first sentence of Paragraph 79, the words "and paragraph 2 'are deleted.
71. after Paragraph 80, the following Sections 80a and 80b are inserted:
For the purposes of a comparable assessment basis for an insured person under § 48, where a partial invalidity pension has been calculated on the average monthly earnings (§ 48 (2)) established for the relevant period, the penultimate year of which was the year before 1994, the average monthly earnings not limited by § 12 (6) of Act No. 100 / 1988 Coll., on social security from which that pension was calculated shall be adjusted by multiplying it by a coefficient
(a) 1,15, if the year preceding 1991 was the year preceding the end of the relevant period;
(b) 1,20, if the year 1991 was the penultimate year of the relevant period;
(c) 1,25, if the penultimate year of the relevant period was 1992, and
(d) 1.35 if the penultimate year of the relevant period was 1993.
At the request of the beneficiary of a partial invalidity pension, when establishing a comparable assessment basis pursuant to Paragraph 48 (2), the average monthly earnings on which the partial invalidity pension was calculated shall be based on a comparable earnings determined in accordance with the rules in force on 1 October 1988,35) which was used for the next check of a substantial reduction in earnings after 30 September 1988; for establishing the coefficient referred to in the first sentence of Paragraph 48 (1), the general assessment basis for the calendar year preceding the year in which the next check on a substantial reduction in earnings took place after 30 September 1988 shall apply instead of the general assessment base for the last year of the relevant period. The provisions of the first sentence shall apply only if the comparable assessment basis thus established is higher; it is not carried out in accordance with § 80a.
35) Article 177 (1) of Decree No. 149 / 1988 Coll., implementing the Social Security Act. '
72. In Paragraph 94 (a), the following words are added at the end of the comma: "Paragraph 74 of the second sentence shall apply mutatis mutandis,"
73. In the second sentence of Paragraph 98, the following words are added for the words "to this supplement ':" under the Law on Judicial Rehabilitation and the Act on Outcourt Rehabilitation'.
74. Paragraph 99 shall be added in paragraph 5:
"(5) The basic amount of the pension awarded after 31 December 1995 under the provisions in force before 1 January 1996 shall be determined at the rate at which it is due under the rules in force on the date on which the pension is granted. ';
75. Paragraph 104 is renumbered paragraph 1 and the following paragraph 2 is added:
"(2) Periods of employment before 1 January 1996 for which, under the rules in force before that date, the condition for the establishment of sickness insurance has been laid down, 36) shall be considered as periods of insurance (Paragraph 13 (1)) only if they have established sickness insurance during that period.
36) Paragraph 8 (2) of Act No. 100 / 1988 Coll., on Social Security. '
77. In Paragraph 107 (3), the following sentence is added at the end: "The Government shall, by regulation, increase the percentage rates of pensions awarded in the calendar year in which the percentage rates of pensions paid were increased by the same number of percentage points by which the percentage rates of pensions paid were increased which were granted in that calendar year before the increase in pensions. '
78. In Paragraph 108 (1) (d), at the end of the period, the following words are replaced by the words "a" and the following words are added: "the method of converting foreign income from a gainful activity into Czech currency,"
(79) Paragraph 108 (1) shall be added as follows:
"(e) the procedure for determining the insured person's annual assessment base in relation to the periods excluded for the period before 1 January 1996."
Amendment and addition of Act of the Czech National Council No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended
The Act of the Czech National Council No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended by the Act of the Czech National Council No. 590 / 1992 Coll., the Act of the Czech National Council No. 37 / 1993 Coll., Act No. 160 / 1993 Coll., Act No. 307 / 1993 Coll., Act No. 241 / 1994 Coll., Act No. 118 / 1995 Coll. and Act No. 160 / 1995 Coll., (Full version No. 87 / 1996 Coll.) is amended as follows:
1. In the first sentence of Article 4 (2), the following shall be inserted after the words "decision under ':" § 6 (4) (a) (6)'.
2. Paragraph 5 is renumbered paragraph 1 and the following paragraph 2 is added:
"(2) The Czech Social Security Administration is a legal person."
3. In Article 6 (4) (g) (2), at the end of the comma, the following shall be replaced by a semicolon and the following words shall be added: "at the request of a small organisation or staff member of a small organisation, the amount paid to the staff of a small organisation shall be communicated per calendar month for the purpose of fulfilling the reporting obligation under Article 41 (1) second sentence and Article 50 (1); such information shall be communicated only to those staff members and, where appropriate, to those staff members to whom such data relate under these provisions, '.
4. in Article 6 (4) (k), the word "employment" shall be replaced by the word "insurance" and the word "insurance" shall be inserted after the word "replacement periods";
5. in Article 7 (f), the words "(c)" shall be deleted;
6.
"(d) whether the child is a long-term severely disabled person requiring exceptional care,"
7. in § 8 (1) (h), the words "or an apartment in a family house" shall be deleted.
8. Article 10 (1) reads as follows:
"(1) The municipality decides on the provisions of the special recipient of the pension benefit (Section 118 (3)). '
9. Article 16 (3) shall be added, including Notes 70) and 71):
"(3) The recognition of occupational diseases (70) for the purposes of pension insurance and for the purposes of the Special Laws (71) shall be carried out by designated health establishments; the list of such establishments and the detailed arrangements for the procedure for the recognition of occupational diseases are laid down in the Decree of the Ministry of Health in agreement with the Ministry of Labour and Social Affairs.
70) Paragraph 25 (2) of Act No. 155 / 1995 Coll. Government Decree No. 290 / 1995 Coll., establishing a list of occupational diseases.
71) E.g. § 190 (3) of the Labour Code, § 45 (5) of Act No. 48 / 1997 Coll., on Public Health Insurance and on the amendment and addition of certain related laws. "
10. in Paragraph 37 (1) (g), the following shall be inserted after the word "pays,": "the type of old-age pension (Sections 29, 30, 31, 74, 76 and 94 of the Pension Insurance Act) and the date on which entitlement to an old-age pension is acquired;"
11. Article 37 (6) is added as follows:
"(6) Where persons are kept in the employment register as jobseekers, the competent employment office shall keep in the register the information necessary for the performance of pension insurance. The Labour Office sends to the Czech Social Security Administration through the Ministry of Labour and Social Affairs data on the period of time for which the job seekers were subject to material security and the period for which such material security was not applicable, each time after the end of the calendar year. Paragraph 5 of the second sentence shall apply mutatis mutandis. ';
12. Sections 38 (3) and 39 (3) are deleted.
13. in Paragraph 39 (4) (a), the word "widower" shall be inserted after the word "widower."
14. The following Section 42 is inserted after Section 41:
The organisation shall, upon request, confirm to the beneficiary of the partial invalidity pension the duration of the gainful activity, the amount of the assessment basis for social security contributions and the contribution to the state employment policy, the period of receipt of sickness insurance benefits (care) replacing the income foregone and other information needed to fulfil the obligation referred to in Article 53 (3). In addition, organisations are required to confirm to a citizen who is entitled to an old-age pension the amount of income from a gainful activity for the purposes of the coexistence of an old-age pension with income from a gainful activity. 57). "
15. In Paragraph 45, the words "notify the Czech Social Security Administration of the duration of the service and the assessment basis for social security contributions and the contribution to the state employment policy" shall be replaced by the words "send the Czech Social Security Administration a register sheet" and at the end, the following sentence shall be added: "The Czech Social Security Administration shall send to the authorities mentioned in the sentence the first citizen who was a member of the armed forces if he is not responsible for the pension of that citizen."
16. in Paragraph 49 (1) (b), the comma is replaced by a semicolon after the word "payout."
17. In § 54 paragraphs 2 and 3, the amount "10 000 CZK" is replaced by "20 000 CZK."
18. in Paragraph 54 (4), "to 41, 43" is replaced by "to 43";
19. In Paragraph 81 (3), the following sentence is added at the end: "However, the provisions of the preceding sentences shall not apply if, at the same time, the partial invalidity pension and review proceedings are pending on grounds of the withdrawal of the full invalidity pension. '
20.
Evidence
In proceedings concerning pension insurance, records on technical data media, micrographic records, printed products of the optical archiving system and printed or photographic products of other computer techniques may be used for evidence, instead of the original of the document according to which the content of the document was issued, provided that the nature of the case does not show that the original or an officially certified copy of the document is to be presented. ';
21. in Paragraph 85 (1), the end of the dot shall be replaced by a comma and the following point (f) shall be added:
"(f) the period of study at secondary, higher vocational and higher education institutions abroad by decision of the Ministry of Education, Youth and Sports of the Ministry of Education and Sports that the study at these schools is equal to that of secondary, higher professional and higher higher education institutions in the Czech Republic."
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Regulation Information
| Citation | Act No. 134 / 1997 Coll., amending and supplementing Act No. 155 / 1995 Coll., on Pension Insurance, Act No. 582 / 1991 Coll., on Organisation and Implementation of Social Security, as amended, and Act No. 87 / 1991 Coll., on Extrajudicial Rehabilitation, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.06.1997 |
|---|---|
| Effective from | 01.01.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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