What is Full text of Act No. 140 / 1994 Coll.?

Full text of Act No. 140 / 1994 Coll., Social Security Act (full text, as resulting from subsequent amendments and additions) — Social Security Act (full text, as resulting from subsequent amendments and additions).

When it became Full text of Act No. 140 / 1994 Coll. effectiveness?

Full text of Act No. 140 / 1994 Coll. became effective date not available.

Is Full text of Act No. 140 / 1994 Coll. still valid?

Yes, Full text of Act No. 140 / 1994 Coll. is still valid and effective.

Full text of Act No. 140 / 1994 Coll.

Social Security Act (full text, as resulting from subsequent amendments and additions)

Valid Declared full text

Text versions: 08.07.1994

ČÁST PRVNÍ § 1 § 2 § 3 § 4 § 5 ČÁST DRUHÁ HLAVA PRVNÍ § 6 § 7 HLAVA DRUHÁ Díl první § 8 § 9 § 10 § 11 § 12 § 13 § 14 § 15 § 16 až 18 § 19 Díl druhý § 20 § 21 § 22 § 23 § 24 § 25 § 26 § 27 § 28 Díl třetí § 29 § 30 § 31 § 32 § 33 § 34 § 35 § 36 Díl čtvrtý § 37 § 38 § 39 Díl pátý § 40 § 41 § 42 § 43 § 44 Díl šestý § 45 § 46 § 47 § 48 Díl sedmý § 48a Díl osmý § 49 § 50 Díl devátý § 51 Díl desátý § 52 § 53 Díl jedenáctý § 54 § 55 § 56 § 57 § 58 § 58a Díl dvanáctý § 59 § 60 § 61 § 62 § 63 § 64 § 65 § 66 § 67 § 68 § 69 HLAVA TŘETÍ § 70 HLAVA ČTVRTÁ § 71 HLAVA PÁTÁ § 72 ČÁST TŘETÍ HLAVA PRVNÍ § 73 § 73a § 73b HLAVA DRUHÁ § 74 § 75 HLAVA TŘETÍ (§ 76 až 79) HLAVA ČTVRTÁ (§ 80 až 85) HLAVA PÁTÁ § 86 § 87 § 88 § 89 HLAVA ŠESTÁ § 90 § 91 HLAVA SEDMÁ § 92 § 93 § 93a ČÁST ČTVRTÁ HLAVA PRVNÍ § 94 § 95 § 96 § 97 § 98 § 99 § 100 § 101 § 102 § 103 § 104 § 105 HLAVA DRUHÁ § 106 § 107 § 108 § 109 § 110 § 111 § 112 § 113 HLAVA TŘETÍ Díl první (§ 114 až 118) Díl druhý § 119 až 121 § 122 § 123 § 124 § 125 § 126 HLAVA ČTVRTÁ § 127 § 128 ČÁST PÁTÁ § 129 § 130 § 131 § 132 § 133 § 134 § 135 § 136 § 137 § 138 § 139 § 140 § 141 § 142 § 143 § 144 § 145 ČÁST ŠESTÁ HLAVA PRVNÍ § 145a HLAVA DRUHÁ § 145b § 145c § 145d HLAVA TŘETÍ § 145e § 145f § 145g § 145h § 145i § 145j § 145k až 145m ČÁST SEDMÁ HLAVA PRVNÍ § 145n HLAVA DRUHÁ § 145o § 145p § 145r HLAVA TŘETÍ § 145s HLAVA ČTVRTÁ § 145t HLAVA PÁTÁ § 145u ČÁST OSMÁ HLAVA PRVNÍ § 146 § 147 § 148 § 149 § 150 § 151 § 152 § 153 § 154 § 155 § 156 § 157 § 158 HLAVA DRUHÁ § 159 ČÁST DEVÁTÁ § 160 ČÁST DESÁTÁ HLAVA PRVNÍ § 161 § 162 § 163 § 164 § 165 § 166 § 167 § 168 § 169 § 169a § 170 § 171 § 172 § 173 HLAVA DRUHÁ § 174 § 175 HLAVA TŘETÍ § 176 a 177 § 177a § 178 § 179 Čl. IV Čl. VIII Čl. XI § 32 § 12 Čl. VII § 9 ČÁST JEDENÁCTÁ § 17 § 133 Čl. VII § 32 Čl. IX Čl. V Čl. VII Čl. VIII Čl. IV Čl. III Čl. IV Čl. IX

Zobrazeno prvních 200 z celkem 1443 ustanovení tohoto předpisu. Zobrazit celý předpis →

Pro stažení celého znění použijte tlačítko Stáhnout výše.

140

Announces

the full text of Act No. 100 / 1988 Coll., on Social Security, as it results from amendments and additions made by Act No. 110 / 1990 Coll., Act No. 180 / 1990 Coll., Act No. 1 / 1991 Coll., Act No. 46 / 1991 Coll., Act No. 306 / 1991 Coll., Act No. 482 / 1991 Coll., Act No. 578 / 1991 Coll., Act No. 84 / 1993 Coll., Act No. 160 / 1993 Coll., Act No. 266 / 1993 Coll., Act No. 307 / 1993 Coll.

THE LAW

on social security

The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS

§ 1

Basic principles

(1) The right to social security under this law is guaranteed to all citizens. Social security benefits are provided by the State. Social security benefits are not subject to tax.

(2) The right to social security benefits does not expire.

(3) The amount of pension benefits depends, in particular, on work benefits, on the length of the period of employment and on the amount of earnings earned. At the same time, social considerations are also being applied, particularly in the security of survivors in the event of loss of livelihood, in the security of disabled citizens and in increasing pensions, which are the only source of income for pensioners and their families.

(4) Social security benefits increase depending on the increase in labour income and in line with the increase in the standard of living of workers.

(5) Organisations and citizens are subject to social security insurance, to the extent and under the conditions laid down by the Special Act. 30)

(6) Social security revenue and expenditure are part of the State budget.

§ 2

Social security coverage

(1) Social security under this Act includes:

(a) pension insurance;

(b) welfare;

(d) the security of citizens in the armed forces or civil service and members of their families by State benefits.

(2) The provision of medical preventive care, sickness care, family, maternal and child security with additional benefits and the security of certain groups working on special social benefits are regulated by a separate regulation (1).

(3) The following shall be regarded as self-employed for the purposes of pension and sickness insurance:

(a) citizens engaged in agricultural production, forest and water management, 31)

(b) citizens engaged in trade, 32)

(d) citizens performing artistic or other creative activities on the basis of the Law on the Works of Literary, Scientific and Artistic (Copyright Act), 34) if they carry out this activity consistently according to their declaration;

(e) Associates of public companies and Associates of limited companies, 35)

(f) citizens engaged in an independent profession which is not a business or a business governed by special regulations, 36) if they carry out that activity on a continuous basis according to their declaration.

(4) Under the same conditions and to the same extent, pension and sickness insurance provided for in this Act are involved, unless otherwise specified, cooperating persons of self-employed persons ("the cooperating persons') who, for the purposes of pension and sickness insurance, are considered to be spouses and, from the end of compulsory education, the children of self-employed persons referred to in points (a) to (c) of paragraph 3, if they are engaged in their self-employed activities and are not in employment relationships.

§ 3

Participants in social security legal relations

Participants in legal relations arising under this law and under other social security rules are citizens, organisations and social security institutions.

§ 4

Citizens

(1) The ability of a citizen to have rights and obligations in the legal relations of social security arises from birth and ceases to exist by death or by declaration of death.

(2) The ability of a citizen to acquire his or her own legal role in the legal relations of social security rights and to assume obligations arises from the completion of the 16th year of age. A citizen under 16 must be represented by a legal representative; who is the legal representative of a citizen under the age of 16, provides for a family law.

(3) The limitation and waiver of legal capacity, the legal representative of a citizen whose legal capacity has been restricted or deprived of legal capacity, and the declaration of a citizen's death is subject to the provisions of the Civil Code.

§ 5

Organisation

Organisations are legal persons and citizens who employ other citizens for the purposes of social security rules.

ČÁST DRUHÁ

PENSION SECURITY

HLAVA PRVNÍ

PARTICIPATION IN PENSION AND SPECIES OF DOSES

§ 6

Participation in pension insurance

(1) Pension insurance is included:

(a) employment,

(b) members of cooperatives, if they are not in employment relations with the cooperative but are engaged in the work for which they are remunerated;

(c) members of a limited liability company and commanditists of a limited liability company, if they are not in employment relations with that company but are engaged in the work for which they are remunerated;

(d) citizens who have rights and obligations under this law as workers in employment, in particular those of the Members of the Council of Deputies, professional judges, prosecutors, students and pupils, scientific aspirants, volunteer workers of the care service, citizens performing work under the employment agreement;

(e) professional soldiers, members of the Police of the Czech Republic, members of the Prison Service of the Czech Republic and members of other armed security forces and security services,

(f) self-employed.

(2) Pension insurance shall take part in the scope laid down by this Law and the implementing regulation, unless they are participating in accordance with paragraph 1, or

(a) citizens who have reached the age of 65 or become disabled;

(b) citizens serving in the armed forces who are not professional soldiers, participants in civil defence, military education or training to defend the Czech Republic.

(3) Pension insurance shall take part in the scope laid down in this Act and in the implementing act also in respect of survivors of workers and citizens referred to in paragraphs 1 and 2 and survivors of pensioners.

§ 7

Types of pension benefits

The following benefits shall be provided from pension insurance:

(a) pensions

1. old-fashioned,

2. disabled,

3. partial invalidity,

4. in service of years,

5th widow,

6. widower,

7. orphans,

8. wives,

9. Social;

(b) an increase in the pension for helplessness;

(d) other benefits to pensioners

1. Deleted

2. aid for the birth of a child;

Third funeral.

HLAVA DRUHÁ

PENSIONS

Díl první

Basic concepts

§ 8

Employment

(1) Employment means:

(a) the working (teaching) ratio;

(b) membership of a cooperative if the members of the cooperative are not in employment relations with the cooperative but are engaged in the work for which they are remunerated;

(d) the activity by which citizens have rights and obligations in pension insurance as workers in employment [Paragraph 6 (1) (d)] to the extent provided for in the implementing regulation;

e) the service of professional soldiers, members of the Police of the Czech Republic, members of the Prison Service of the Czech Republic and members of other armed security forces and security services, and members of former armed forces and services,

(f) post-compulsory education;

(g) the activity of self-employed persons;

(h) the activities of members of the limited liability company and of commanditists of the limited liability company, if they are not in employment relations with that company but are engaged in the work for which they are remunerated.

(2) The employment relationship shall be assessed as an employment where he has established sickness insurance; if they did not establish a sickness insurance scheme during their duration, they shall be regarded as a job if they were to establish a sickness insurance scheme under the rules in force at the time of the pension entitlement. This shall apply mutatis mutandis to the learning relationship, membership of the production cooperative and the activities referred to in paragraph 1 (b), (d) and (h).

(3) Membership in the Single Agricultural Cooperative and in the Agricultural Cooperative shall be assessed as an employment where it has established disease security under the rules on security in the disease of members of the Single Agricultural Cooperative. Membership of the single agricultural cooperative before 1 October 1988 shall be assessed as a job if the employment in the single agricultural cooperative constituted pension insurance in accordance with the provisions in force before that date.

(4) The activity of a self-employed and cooperating person after 31 December 1993 shall be assessed as an employment where that person is a member of the pension scheme in accordance with Part Six; This activity shall be assessed as an employment before 1 January 1994 if it has established sickness insurance (insurance) in accordance with the provisions in force before that date, 37), to the extent and under the conditions laid down by those provisions. The activities of self-employed and cooperating persons shall be taken into account as periods of employment when premiums have been paid for the entire duration of insurance (insurance); If no insurance has been paid for that period until the date on which the pension is awarded or increased, it shall be taken into account as employment period only from the date on which the insurance is paid.

§ 9

Replacement periods

(1) If employment lasts at least a year, the following replacement periods shall be included:

(a) the period of service in the Czech or Czechoslovak armed forces, if that period is no longer regarded as the service of an occupational soldier;

(b) period of other military service;

(c) period of resistance activity, including detention for political, national or racial reasons in a period of infreedom, 2)

(d) unemployment period,

(e) the period for which a woman has taken care of a child under the age of three or a long-term severely disabled minor who has required exceptional care, unless it has been placed in an establishment for such children with a year-round or week-long stay; a child means the child's own (adopted) and the child being taken into custody to replace the care of the parent,

(f) the period during which a citizen was entitled to sickness, maternity and family care assistance, the period during which a man was granted a contribution or a cash allowance for childcare purposes, and the period of care (care) of a member of the family after the expiry of the period during which the citizen received support in the care of a family member, if that period of employment lasted;

(g) training period;

(h) the period during which the invalidity pension or benefit is to be paid from 1 January 1957, 3)

(i) the time of preparation for work, under the conditions laid down in the implementing regulation;

(j) the period of partial invalidity pension for which the allowance was paid before being placed in employment, not earlier than 1 January 1957;

(k) personal care periods for a close person who has been predominantly or completely helpless and has not been placed in a social care institution or similar medical institution, not earlier than 1 January 1976;

(l) the period during which a citizen with an altered working capacity who was not a beneficiary of a partial invalidity pension was paid the allowance before being placed in employment, not earlier than 1 October 1988.

(2) The implementing regulation lays down the extent to which and under what conditions the replacement periods referred to in paragraph 1 (b) to (d) are to be counted and which children are considered to be taken into custody by their parents.

Compensation of periods of employment and replacement periods in certain cases

§ 10

If the period of employment and the replacement period are covered, only the more favourable to the citizen shall be taken into account. The same applies if they cover each other's periods of employment or replacement periods.

§ 11

If there are no other international agreements, the periods of employment and replacement periods abroad for the creation and amount of pension rights

(a) the periods referred to in § 8 (1) (f) and § 9 (1) (e), if they are Czechoslovak nationals,

(b) the periods referred to in § 8 (1) (a) to (d) and (g), if they are citizens who are resident on the territory of the Czech Republic and have paid insurance premiums for those periods.

Average monthly earnings

§ 12

(1) The average monthly earnings shall be the monthly average of gross earnings achieved in the five best earnings calendar years in the relevant period; the average monthly earnings shall be the monthly average of the gross earnings of the relevant period in which that average is the highest.

(2) Gross earnings before 1 January 1993 are earnings subject to payroll tax without deducting that tax. Gross earnings after 31 December 1992 are income deductible under the Special Law 38) in the assessment basis for determining social security premiums before deducting income tax 39) and not reduced by social security premiums, the contribution to the state employment policy and the general health insurance premium. The implementing regulation lays down what is the gross earnings of a citizen whose earnings are not subject to tax, which additional income is deductible to gross earnings and in which cases the gross earnings are a fixed amount and what is its amount.

(3) The period shall be 10 consecutive calendar years before the year,

(a) where entitlement to a pension has been acquired;

(b) which falls within the date of termination of employment after entitlement to an old-age pension or the date from which an old-age pension is granted, provided that the citizen has been employed continuously after entitlement to an old-age pension until that date and has not received an old-age pension or part or invalidity pension;

(c) in which the citizen last ceased to work in the first category referred to in § 14 (2) (b) to (l) or employment in the second category if he was employed in those employment for at least 20 years, or employment in the first category referred to in § 14 (2) (a), if he was employed in that employment for at least five years;

(d) in which the citizen has been released in connection with the implementation of the rationalisation and organisational measures referred to in the implementing act, where the citizen has requested that that period be taken into account; or

(e) in which a citizen has been transferred or released from the employment referred to in Article 14 (2) (a) and (b) because, due to his state of health, he has ceased to be able to continue to perform his or her work or has not been allowed to perform it for an occupational disease or for the purpose of endangering or achieving the maximum permissible exposure, (4) if the citizen has requested that this period be taken into account.

(4) The five best-earning calendar years are obtained by comparing gross earnings for each calendar year.

(5) If there are no five calendar years of earnings during the relevant period, the period shall be extended gradually to include five calendar years of earnings and the average monthly earnings shall be collected from those five calendar years. If, even after this extension, the citizen does not have five calendar years of earnings, the average monthly earnings of the lower achieved number of calendar years of earnings shall be collected.

(6) If the average monthly earnings calculated in accordance with paragraphs 1 to 5 exceed the amount of CZK 2500, the sum of CZK 2500 is calculated in full, from an amount of CZK 2500 to CZK 6000 one third and from an amount of CZK 6000 to CZK 10,000 one tenth; no account is taken of the amount of over CZK 10,000.

(7) The implementing regulation sets out the periods to be excluded when determining gross earnings and average monthly earnings and how to calculate the average monthly earnings.

§ 13

An old-age, invalidity, partial invalidity pension and a pension for the service of the years of those who have enjoyed or have already enjoyed one of those pensions shall not be charged on a lower average monthly earnings than the average monthly earnings on which the previous pension was charged; If this average monthly income has been determined in accordance with the regulations previously in force, it shall be adjusted in accordance with Paragraph 12 (6).

Working categories

§ 14

(1) Employment shall be classified in three categories of work for pension purposes by 31 December 1992 according to the type of work carried out. The employment categories I and II shall be included in the list of posts included in categories I and II issued before 1 June 1992; in category III, employment not included in category I or II is included.

(2) Employment is included in the first working category in which the work is carried out continuously and during the calendar month mainly at risk, where there are frequent and permanent disturbances in the health of workers through harmful physical and chemical effects,

(a) working in mining with a permanent underground workplace in deep mines;

(b) other mining employment carried out underground in deep-sea mines;

(d) the employment of flight crew members and in-flight personnel;

(e) the employment of seagoing crew members;

(f) employment in which particularly heavy and healthy work is carried out in smelters or heavy chemical plants;

(g) the employment of casons and divers;

(h) employment in an environment threatened to a significant extent by ionising radiation in the treatment and final processing of radioactive materials, in nuclear power plants and in the use of cyclotron and research reactor;

(i) employment with proven chemical carcinogens and in working processes at risk of chemical carcinogenicity;

(j) mining jobs carried out under the lower level of overheads and on a hiding place in coal surface mines, radioactive minerals and minerals from which metals can be industrially produced, magnesite, asbestos, solids, kaolin, refractory clays, ceramic dandruff, gypsum, feldspar and quartz for chemical and technological processing or melting processes;

(k) working in the mining and working of stone, grinding and grinding of quartz, quartz and feldspar, forming refractory products and treatment of ceramic raw materials, carried out in an environment of high concentration of aggressive fibroplastic dust, provided that workers are too threatened by silicosis in the performance of such employment, and by the employment of glassmakers of hollow glass;

(l) employment in the sewers in underground areas.

(3) Employment in which employment is carried out continuously and during the calendar month of mostly labour

(a) very significantly harassed by substances, environments or working practices, resulting in permanent damage to their health after many years of work;

(b) harassed by substances, environment or working practices, even if permanent damage to their health occurs only exceptionally if such work is characterised by permanent and excessive stress or by a permanent and excessive risk of injury which cannot normally be affected by technical measures;

(c) entrustment of activities abroad harassed by adverse working and living conditions in tropical or otherwise difficult areas.

(4) The service of professional soldiers (§ 129), classified in I. (II) category of function, shall be assessed as a work category for the period before 1 January 1993, unless a pension is entitled under Part Five of this Act. In such cases, the service included in the first category of functions shall be assessed as employment in the first category referred to in § 14 (2) (b) to (h).

(5) As employment period I (II) of the working category, the period of work before 1 January 1993 shall be counted according to the description of the work activity specified in the relevant register and other periods under the conditions and to the extent laid down in the rules in force before 1 June 1992; organisations shall keep appropriate records for this purpose. For the calculation of the replacement periods and periods referred to in § 5 (1) and § 6 (1) of Decree of the Government of the Czechoslovak Socialist Republic No 117 / 1988 Coll., on the inclusion of employment in the first and second categories of employment for pension purposes, such as periods of employment of the 1st or 2nd working categories by 31 December 1992, no return to employment of the 1st or 2nd working categories shall be required if those periods continue on 31 December 1992.

§ 15

Employment after 31 December 1992 shall be considered as a category III employment for pension purposes.

§ 16 až 18

cancelled

§ 19

Accidents at work and occupational diseases

(1) An accident at work for the purposes of this Act is an accident suffered by a citizen in the performance of his or her duties or in direct connection with him or her.

(2) An accident at work is also considered as an accident suffered by a citizen until 31 December 1992.

(a) on the way to and from employment, provided that it has not substantially interrupted it for non-employment-related reasons;

(b) in the performance of public office,

(c) in active participation in measures to combat natural disasters and in the removal of the consequences of natural disasters;

(d) in the course of a service activity carried out without a legal obligation in favour of the company,

(e) other types of activities provided for in the implementing Regulation.

(3) Where there is talk of accidents at work in this law, such as occupational diseases, unless otherwise specified; which diseases are occupational diseases, they shall lay down an implementing act.

Díl druhý

Old-age pension

§ 20

A citizen shall be entitled to an old-age pension or a proportional old-age pension according to the length of the period of employment and the age reached.

§ 21

Conditions for entitlement to an old-age pension

(1) A citizen is entitled to an old-age pension if he has been employed for at least 25 years and reached the age of at least

(a) 55 years if he has been employed for at least 15 years in the employment referred to in Article 14 (2) (a) or at least 10 years in such employment in uranium mines;

(b) 55 years if he has been employed for at least 15 years in the employment referred to in Article 14 (2) (b) if he has been transferred or released from that employment for the reasons set out in Article 12 (3) (d) and (e);

(d) 58 years if he has been employed for at least 20 years in the employment referred to in Article 14 (2) (i) to (l); or

(e) 60 years.

(2) A woman is entitled to an old-age pension if she has been employed for at least 25 years and has reached the age of at least

(a) 53 years old, if she has raised five or more children,

(b) 54 years of age, if she has raised three or four children,

(d) 56 years of age if one child was raised; or

(e) 57 years,

where the provision of paragraph 1 is not more favourable to her; when assessing a woman's entitlement to an old-age pension, the children referred to in Article 9 (1) (e) and the children raised as foster parents in special foster care establishments shall be taken into account.

§ 22

Amount of old-age pension

(1) The basic amount of the old-age pension is:

(a) 60% of the average monthly earnings if the citizen was employed

1. at least 20 years in employment category I,

Zobrazit všechna ustanovení (1443)

Comments 0

To write comments, please sign in.

Regulation Information

Citation	Full text of Act No. 140 / 1994 Coll., Social Security Act (full text, as resulting from subsequent amendments and additions)
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	08.07.1994
Effective from	-
Effective until	-
Status	Valid

Legal Areas: Social security benefits Social security law Social Services, Social Assistance Social security management

The regulation text is for informational purposes only.