Government Regulation No. 141 / 2013 Coll.
Government regulation laying down more detailed arrangements for the mutual transfer of pension rights in relation to the pension scheme of the European Union
Valid
Regulation
Effective from 01.09.2013
141
GOVERNMENT REGULATION
of 15 May 2013
laying down more detailed arrangements for the mutual transfer of pension rights in relation to the pension scheme of the European Union
The Government orders pursuant to § 105a paragraphs 4 and 5 of Act No. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 189 / 2006 Coll. and Act No. 314 / 2012 Coll., and pursuant to § 15 paragraph 5 of Act No. 426 / 2011 Coll., on Pension Savings:
Subject matter
This Regulation provides for the calculation of the financial amount established as a transferred pension right acquired in the Czech Republic into the pension scheme of the European Union and the transfer of pension rights acquired in the European Union pension scheme to the Czech pension insurance system.
Calculation of the financial amount determined as the transferred pension right acquired in the Czech Republic
(1) The financial amount established as the transferred pension right acquired in the Czech Republic is calculated as the product of the unit value of the deferred pension and the sum of the estimated percentage of the old-age pension and the corresponding part of the basic old-age pension.
(2) The estimated percentage rate of the old-age pension shall be calculated in accordance with the procedure laid down in Articles 33 (2) and 34 (1), (2) and (5) of the Pension Insurance Act, with the result that the period of insurance, including the period of the pursuit of the gainful activity after entitlement to the old-age pension and the basis of calculation, are established on the relevant date; the date of application of the application for the transfer of pension rights to the competent institution of the European Union or the date on which, pursuant to the directly applicable European UnionRegulation (1), the right to apply for the transfer of pension rights, if the application was applied before that date, is considered to be the applicable date. For the purposes of determining the personal assessment basis, the period of participation in the pension scheme of the European Union shall be deemed to be excluded. In the case of a further application for the transfer of a pension right, the period starting with the calendar year immediately following the calendar year in which the previous application for the transfer of the pension right was submitted shall be considered as the relevant period for establishing the personal assessment basis. The estimated rate of old-age pension is rounded up to the full crown.
(3) The relevant part of the basic statement of old-age pension shall be calculated if the relevant date is the day before the date of reaching retirement age, so that the basic statement of old-age pension valid on the relevant date is multiplied by the proportion of the length of the insurance period obtained in the Czech pension insurance on the relevant date and the sum of the insurance period obtained in the Czech pension insurance on the relevant date and the period from the relevant date to the age of the applicant for the transfer of pension rights ("the applicant ') under the rules applicable on the relevant date; the corresponding part of the base area thus calculated shall be rounded up to the whole crown. The relevant part of the basic statement of old-age pension shall be determined if the relevant date is the date on which the applicant reaches retirement age or a later date, equal to the basic statement of old-age pension valid on the relevant date.
(4) The unit value of the deferred pension shall be determined by the age reached by the applicant at the relevant date in full years, the death tables in force at the relevant date and the interest rate values in accordance with Article 8 of Annex VIII to Council Regulation (EEC, Euratom, ECSC) No 259 / 68, which shall apply at the relevant date. The unit value of the deferred pension shall be calculated as the unit initial value of the pre-term deferred pension in accordance with the formula set out in the Annex, the calculation being rounded up to the full crown.
(5) The death tables of the Ministry of Labour and Social Affairs, consistent for men and women, shall be used to determine the unit value of the deferred pension, and shall be established for each period of five consecutive calendar years.
(6) The financial amount calculated in accordance with paragraphs 1 to 5 shall be increased by an amount fixed as interest on the financial amount calculated in accordance with paragraphs 1 to 5 for the period from the relevant date to the date preceding the transfer of the financial amount from the Czech Social Security Administration account to the account in the pension scheme of the European Union. The amount of interest shall be calculated by compound interest with an annual interest rate equal to the discount rate of the Czech National Bank applicable on the relevant date. The interest shall be rounded up to the full crown.
Transfer of pension rights acquired in the pension scheme of the European Union into Czech pension insurance
(1) The period of service or employment in the European Union or its institutions, and, where applicable, the period of insurance completed in the pension scheme of another Member State of the European Union, which was included in the actuarial equivalent of the pension rights acquired in the European Union pension scheme (the "pension equivalent"), shall be considered to be the period of insurance in the Czech pension insurance scheme for the purpose of obtaining the period of insurance needed to obtain the pension entitlement in the Czech pension insurance scheme during the same period and to the same extent.
(2) The period of insurance and the assessment bases used to determine the calculation basis which, pursuant to Article 2 (2), were taken into account in the calculation of the financial amount determined as the transferred pension right acquired in the Czech Republic shall be considered, within the same period of time and to the same extent, as the period of insurance and assessment bases in Czech pension insurance.
(3) The amount of the pension equivalent, which was referred to the Czech Social Security Administration's account, will be converted into the Czech currency at the rate declared by the Czech National Bank for the date of transfer of the pension equivalent to the Czech Social Security Administration's account; the amount of the pension equivalent does not exceed the amount by which the pension equivalent has been increased for the period following the application for the transfer of pension rights to the date of the transfer of the pension equivalent from the account of the pension scheme of the European Union. Where the pension equivalent also includes the transferred pension right obtained in the Czech Republic in the amount fixed in accordance with § 2, for the purposes of determining the transfer of pension rights acquired in the pension scheme of the European Union, the pension equivalent according to the first sentence shall be reduced by the financial amount fixed in accordance with § 2 (1) to (5).
(4) The amount of the percentage rate of the old-age pension determined under the Pension Insurance Act shall be increased by an amount determined according to the amount of the pension equivalent adjusted under paragraph 3 and the unit value of the deferred pension but not earlier than the date of the pension age under the Pension Insurance Act. The amount thus determined shall be deemed to be the amount of the old-age pension fixed taking into account the duration of the service or employment in the European Union or its institutions which have established a participation in the pension scheme of the European Union and the assessment bases for that period. In the absence of entitlement to an old-age pension, the percentage rate of which would be determined in accordance with the first sentence, on the basis of death, an increase of 50% in accordance with the first sentence shall be added to the percentage rate of the widow's or widower's pension and 40% in relation to the percentage rate of the orphan's pension if those pensions are due to the death of the person whose old-age pension would be determined in accordance with the first sentence.
(5) The increase in the pension percentage referred to in paragraph 4 shall be calculated as a proportion of the amount of the pension equivalent adjusted in accordance with paragraph 3 and the unit value of the deferred pension according to the formula set out in the Annex. For the calculation, the mortality tables applicable for the purposes of the transfer of pension rights to the pension scheme of the European Union and the interest rate values referred to in Article 8 of Annex VIII to Council Regulation (EEC, Euratom, ECSC) No 259 / 68 shall be used, which shall apply at the date of the application for the transfer of pension rights acquired in the pension scheme of the European Union to Czech pension insurance. The calculation shall be rounded up to the whole crown.
(6) The length of the insurance period in the Czech pension insurance scheme referred to in paragraphs 1 and 2 and the amount of the increase in the percentage rate of the pension referred to in paragraphs 3 to 5 shall be fixed at the date on which the application for the transfer of pension rights acquired in the European Union pension scheme to the Czech pension insurance is submitted; that date is relevant for determining the values affecting the calculation. The calculation of the insurance period and the increase in the percentage rate according to the first sentence shall be carried out at the earliest on the date of transfer of the pension equivalent to the account of the Czech Social Security Administration.
Transfer of pension rights of employees of other institutions
This Regulation shall apply mutatis mutandis to the transfer of pension rights of staff of the European Central Bank and of the European Investment Bank, if they are pension schemes of those institutions.
Transitional provision
The transfer of pension rights of employees of the European Central Bank and of the European Investment Bank pursuant to Article 5 shall apply to persons who are such employees on or after the date of entry into force of this Regulation.
Repeal
Government Regulation No 587 / 2006 Coll., laying down more detailed arrangements for the mutual transfer of pension rights in relation to the pension scheme of the European Communities, is hereby repealed.
Efficacy
This Regulation shall enter into force on 1 September 2013.
Prime Minister:
RNDr. Netime v. r.
Minister for Labour and Social Affairs:
Ing. Müller v. r.
Annex to Government Regulation No 141 / 2013 Coll.
Calculation of the unit value of deferred pension
The unit value of the deferred pension (JHOD) shall be calculated using the formula:
JHOD = 12 × Ø k = rωdk × pvk + 0,2 × Ø k = rωdk × pvk × 1-pvk
where
is the age reached by the applicant in full years on the relevant calculation date;
r is the difference between the applicant's retirement age and the age achieved in the full years on the relevant day of calculation if that age is lower than that of the applicant; If not, r is equal to zero,
ω is the highest age given in mortality tables,
kpv is the probability that a person who has lived to the age of at + k will live to the age of at + k, and this probability will be determined according to mortality tables,
d = 11 + i is the discount factor corresponding to the interest rate i.
In order to determine the probabilities of cpv, the mortality tables applicable for the purposes of the transfer of pension rights to the pension scheme of the European Union shall be used on the date applicable to the calculation.
The value of the interest rate i shall be the value of the interest rate referred to in Article 8 of Annex VIII to Council Regulation (EEC, Euratom, ECSC) No 259 / 68 applicable on the date applicable to the calculation.
1) Council Regulation (EEC, Euratom, ECSC) No 259 / 68 of 29 February 1968 laying down the Staff Regulations of Officials of the European Union and the Conditions of employment of other servants of the European Union, as amended.
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Regulation Information
| Citation | Government Regulation No. 141 / 2013 Coll., laying down more detailed arrangements for the mutual transfer of pension rights in relation to the pension system of the European Union |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.06.2013 |
|---|---|
| Effective from | 01.09.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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