Act No. 152 / 2007 Coll.
Act amending Act No. 155 / 1995 Coll., on Pension Insurance, as amended, Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended, and Act No. 189 / 2006 Coll., amending certain laws in connection with the adoption of the Act on Sick Insurance, as amended by Act No. 585 / 2006 Coll.
Valid
Law
Effective from 01.07.2007
152
THE LAW
of 6 June 2007
amending Act No. 155 / 1995 Coll., on Pension Insurance, as amended, Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended, and Act No. 189 / 2006 Coll., amending certain laws relating to the adoption of the Law on Sick Insurance, as amended by Act No. 585 / 2006 Coll.
Parliament has decided on this law of the Czech Republic:
Amendment to the Pension Insurance Act
Act No. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 134 / 1997 Coll., Act No. 289 / 1997 Coll., Act No. 224 / 1999 Coll., Act No. 18 / 2000 Coll., Act No. 118 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 200 / 2000 Coll., Act No. 116 / 2001 Coll., Act No. 188 / 2004 Coll., Act No. 353 / 2004 Coll., Act No. 168 / 2005 Coll., Act No. 40 / 2004 Coll., Act No. 85 / 2004 Coll., Act No. 281 / 2004 Coll.
1. in Paragraph 5 (1) (r), the word "personally" shall be inserted after the word "caring."
2. In Article 5, paragraphs 3 and 4 are deleted.
3. In Article 9 (6), the words "where a person who is dependent on the care of another person is close or lives with a self-employed person in a household 5d) is not close 'shall be added at the end of the text in point (c).
4. In the second sentence of Article 9 (8), the sentence "If a person is dependent on the care of another person [paragraph 6 (c)], more than one person at the same time, the self-employed activity shall be considered as an ancillary self-employed activity for that self-employed person, which has been determined by written agreement of all persons who are dependent on the care of another person in stage II (moderate dependency) or in stage III (severe dependency) or in stage IV (total dependency) 5c, for the care to the greatest extent; in paragraph 1, the following subparagraph is added:
footnote 15e:
"15e) § 6 (4) (a) (13) of Act No. 582 / 1991 Coll., as amended by Act No. 152 / 2007 Coll. '.
5. In Paragraph 12, the sentence "The condition that the period of participation in the insurance of persons referred to in Article 5 (1) (s) should be assessed as a replacement period of insurance is that the period of personal care of a person who is dependent on the care of another person in stage II (moderate dependency) or in stage III (severe dependency) or in stage IV (complete dependency) is decided by the competent social security authority in accordance with the special legislation 17c)."
Footnote No 17c reads:
"17c) § 6 (4) (a) (12) of Act No. 582 / 1991 Coll., as amended by Act No. 109 / 2006 Coll. '.
6. In Article 16 (5), the words "points (e), (f) and (h) 'are replaced by the words" points (f) and (h) and in paragraph 4, second sentence, (e), if they relate to the period of participation in the insurance of persons referred to in Article 5 (1) (r)';
7. In Article 20 (2), the words "or, by agreement of the parent, approved by the court, the child of the spouse, unless the other parent has parental responsibility 'shall be inserted after the words" by decision of the court'.
8. At the end of paragraph 2, the sentence "A child taken into permanent care of parents shall be considered to be a child who has been taken into custody on the basis of a decision by a social protection body or an earlier competent authority to entrust the child to the care of a future adopter or to the care of a person who is interested in becoming a foster care institution 19b."
Footnote 19b reads:
"19b) § 45b (2) and § 69 (1) and (2) of the Family Act. § 19 of Act No. 359 / 1999 Coll., on Social Protection of Children, as amended. '
9. In Section 24, the words "son-in-law and daughter-in-law 'are replaced by the words" son-in-law, daughter-in-law and parent's husband'.
Amendment of the Act on the organisation and implementation of social security
Act No. 50 / 2006, No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 100 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, Act No. 50 / 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006.
1. In Article 4 (2), the words "and administrative appeal proceedings' shall be inserted after the word" judicial '.
2. in Article 6 (4) (a) (11):
"11. the period and extent of care of a man under the age of 4, if the period of care of the child is after 31 December 1995 until 30 June 2007, and the period and extent of care of the child under the age of 18, if the long-term disability is requiring exceptional care, and the care of the person personally caring for a predominantly or completely helpless person or partly helpless person older than 80 years, if the periods of care of those children and helpless persons after 31 December 1995 until 31 December 2006, ';
3. Paragraph 6 (4) (a) (13), including footnote 52c, reads:
'13. Whether a self-employed person is caring for a person who is dependent on the care of another person in stage II (moderate dependency) or in stage III (severe dependency) or in stage IV (complete dependency), in the greatest range 52c),
52c) Paragraph 9 (8) of Act No. 155 / 1995 Coll., as amended by Act No. 152 / 2007 Coll. '.
4. In Article 7, at the end of point (g), the dot is replaced by a comma and the following point (h) is added:
"(h) the place of residence or, where applicable, the place of residence in the Czech Republic, the place of residence (s) declared in the Czech Republic, the person who was powerless before 1 January 2007 or who is dependent on the care of another person, in the cases referred to in Article 6 (4) (a) (11) to (13), the place of permanent or, where applicable, the place of stay at the end of the period of care, and the place of permanent or, where appropriate, on the date on which the application is lodged (§ 85 (2))."
5. in Paragraph 8 (1) (b):
"(b) the long-term unfavourable health status of the child and its inability to pursue a continuous gainful activity on account of that state, ';
6. in Article 8 (1), the following point (c) is added:
"(c) whether, shortly after the end of the support period, a citizen is likely to regain his / her ability to work, including for another employment."
7. in Paragraph 48 (1) (e), the word "old-age," "old-age," "parental contribution" shall be replaced by "and the parental contribution shall cease to personally care for a person who is dependent on the care of another person in stage II (moderate dependency) or III (severe dependency) or IV (complete dependency)."
8. in Paragraph 48 (1) (e), the words "or no longer care for the person to the greatest extent," shall be inserted after the words "in stage IV (total dependence)."
9. In Paragraph 48, the following paragraph 7 is added:
"(7) A self-employed person who personally cares for a person who is dependent on the care of another person in stage II (moderate dependency) or in stage III (severe dependency) or in stage IV (total dependency) and has reported this fact for the purpose of secondary self-employed activity, shall, in such notification, submit a written declaration that another person is not being cared for by another person, or a written agreement of all persons who are also personally caring for that person, that he has been designated as the person who cares for the care of another person to the greatest extent, or the decision of the district social security administration referred to in Article 6 (4) (a) (13)."
10. Paragraph 48 (4) is deleted.
Paragraphs 5 to 7 shall be renumbered paragraphs 4 to 6.
11. in Paragraph 52 (1), the words "and applications to participate in pension insurance in the cases referred to in paragraphs 5 (3) second sentence and 4 of the Pension Insurance Act" shall be deleted.
12. in Article 54 (1) and (2), "(e)" shall be replaced by "(d)";
13. In Section 83a, the following paragraph 3 is added:
"(3) The social security authority shall suspend proceedings if the request for initiation is made after the expiry of the period referred to in the second sentence of Paragraph 85 (2). ';
14. In Paragraph 84, paragraphs 2 and 3 are deleted and paragraph 1 is deleted.
15. in the first sentence of Paragraph 85 (2), "point 11" is replaced by "points 11 and 12."
16. In the second sentence of Paragraph 85 (2), the words "but not before the application for participation in pension insurance has been filed under the second sentence of Paragraph 5 (3) and (4) of the Pension Insurance Act 'are deleted and the words" care' are replaced by the words "care referred to in Article 6 (4) (a) (11) and (12) '.
17. in the third sentence of Paragraph 85 (2), "point 11" is replaced by "point 11 or 12."
18. In Section 85, paragraphs 3 to 6 are added, including footnote 60c:
"(3) The education of the child and the care of the child under the age of 4 years in the period before 1 July 2007 shall be supported by a woman who, by reason of the child's upbringing, claims for a lower retirement age and requests the payment of a period of care for such a child, her honorary declaration and birth certificate of the child or any other proof of relation to the child.
(4) The period of childcare up to the age of 4 years after 30 June 2007 is demonstrated by an honorary declaration when applying for a pension and the birth certificate of the child or by any other document relating to the child. The declaration of honour shall be made on the prescribed form. The affidavit shall state:
(a) the name and, where appropriate, the name and surname of the child (60c) and his birth number;
(b) the name and, where appropriate, the name and surname of the person to whom the child was mainly referred and his relationship with the child,
(c) the name and, where applicable, the name and surname of the second parent of the child, if known, and his / her birth number,
(d) the duration and extent of childcare;
(e) a statement as to whether at the same time another person has taken care of the child and, where appropriate, the name and surname and, where applicable, the birth number of that person, his relationship with the child and the duration and extent of the care of that other person.
(5) A declaration of honour of at least 2 witnesses and the claimant for a pension or adjustment of the pension may be used to prove the period of insurance, unless this period can be demonstrated otherwise.
(6) The decision of the district social security administration referred to in Article 6 (4) (a) (12) shall be considered as a basis for the decision of the body responsible for deciding on the pension benefit if it was issued after the application for the benefit has been submitted. the decision is not delivered to the party and is contained in the decision on the pension benefit.
60c) § 20 of Act No. 155 / 1995 Coll., as amended by Act No. 152 / 2007 Coll. '
19. In Paragraph 107a, the following paragraph 3 is added:
"(3) The period referred to in the second sentence of Paragraph 85 (2) may be waived at any time. '
This Regulation shall be binding in its entirety and directly applicable in all Member States. I A II
1. Where a man has taken care of a child under 4 years of age between 1 January 1996 and 30 June 2005 and has not submitted an application for participation in a pension insurance scheme before 1 July 2007 or a proposal to initiate a procedure for the duration and extent of the care of that child, or has submitted such application or proposal late, he may submit a proposal to initiate the procedure in accordance with existing legislation until 30 June 2009. If, between 1 January 1996 and 30 June 2007, a decision was taken on the application for a pension, the pension being awarded but not taken into account in the first sentence, the application to initiate the procedure under the first sentence shall also be considered as an application for an adjustment to the amount of the pension awarded. The condition for filing an application to participate in pension insurance shall not be required after 30 June 2007. The application to initiate the procedure referred to in the first sentence may also be lodged by the surviving person who claims a widow's or orphan's pension because of the death of the man mentioned in the first sentence.
2. If the care of a man under the age of 4 or the care of a long-term disabled child requiring exceptional care under the age of 18, or of a predominantly or wholly helpless person or partially helpless person over 80, or of a person who is dependent on the care of another person in grade II (moderate dependency) or in grade III (severe dependency) or in grade IV (total dependency), he has expired before 1 July 2007, but on 30 June 2007 the period for the application to take part in pension insurance under the legislation effective on 30 June 2007 or the period for the initiation of the procedure for the period and extent of care of those children or for those persons under the legislation effective on 30 June 2007 has not yet expired, the person may submit a proposal for the initiation of the procedure for the period and extent of care under the previous legislation until 30 June 2009. The condition for filing an application to participate in the pension insurance of persons referred to in the first sentence shall not be required after 30 June 2007.
3. If, before 1 July 2007, the district social security administration has initiated proceedings on the duration and extent of the care of the persons referred to in point 2 and the procedure has not been completed definitively by 30 June 2007, such proceedings shall be completed in accordance with the legislation in force on 30 June 2007.
4. Where the care of the persons referred to in point 2 and the care of a woman under the age of 4 has begun before 1 July 2007 and is still after 30 June 2007, this period of care shall be demonstrated in accordance with legislation effective after 30 June 2007.
5. The amount of the old, full disability and partial invalidity pensions granted before 1 July 2007 to persons who, when determining the personal assessment basis of the excluded period referred to in Section 16 (4) (e) of Act No 155 / 1995 Coll., on pension insurance, as effective until the date of entry into force of this Act ("the Pension Insurance Act '), have been limited in accordance with Section 16 (5) of the Pension Insurance Act, shall be adjusted, upon request, from the pension payment due after 30 June 2007, so that the number of excluded periods limited under Section 16 (5) of the Pension Insurance Act does not include the excluded periods referred to in Section 16 (4) (e) of the Pension Insurance Act; In so doing, only the period of participation in pension insurance of persons referred to in Sections 5 (1) (s) and 102a of the Pension Insurance Act shall be considered to be excluded. The time limit for the adoption of decisions laid down in the administrative rules shall be extended by 90 days for applications applied until 31 October 2007.
Amendment of the law amending certain laws in connection with the adoption of the sickness insurance law
In Article XIII of Act No. 189 / 2006 Coll., amending certain laws relating to the adoption of the Law on sickness insurance, as amended by Act No. 585 / 2006 Coll., in point 27, the words "points (f) and (g) 'are replaced by" points (f) to (h)' and the words "points (e) to (g) 'are replaced by the words" points (e) to (g)' and points 134 and 162 are deleted.
EFFECTIVE
This Act shall take effect on 1 July 2007, with the exception of Article I (3) and (4) and Article II (3), (8) and (9), which shall take effect on 1 January 2008, and with the exception of Article II (10), which shall take effect on the date of entry into force of Act No. 187 / 2006 Coll., on sickness insurance, as amended by Act No. 585 / 2006 Coll.
Wolf
Klaus v. r.
Topolánek v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 152 / 2007 Coll., amending Act No. 155 / 1995 Coll., on Pension Insurance, as amended, Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended, and Act No. 189 / 2006 Coll., amending certain laws in connection with the adoption of the Law on Sick Insurance, as amended by Act No. 585 / 2006 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.2007 |
|---|---|
| Effective from | 01.07.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0