Act No. 160 / 1995 Coll.
Law amending and supplementing certain laws in connection with the adoption of the Pension Insurance Act
Valid
Law
Effective from 01.01.1996
Contents
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160
THE LAW
of 30 June 1995
amending and supplementing certain laws in connection with the adoption of the Pension Insurance Act
Parliament has decided on this law of the Czech Republic:
Amendment of the Act of the Czech National Council No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended
Act of the Czech National Council No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended by Act of the Czech National Council No. 590 / 1992 Coll., 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. and Act No. 118 / 1995 Coll., is amended as follows:
1. In Section 1, the following is inserted after the words "sickness insurance ':" pension insurance'.
2. Article 2 (b), including Notes 2 and 4, reads as follows:
"(b) pension insure2) and increase in the pension for helplessness due to the Social Security Act (4)
2) Act No. 155 / 1995 Coll., on Pension Insurance.
4) § 70 of Act No. 100 / 1988 Coll., on Social Security, as amended by Act No. 160 / 1995 Coll. '
3. Paragraph 4 is deleted and paragraph 12 is deleted in Paragraph 6 (4) (a).
4. the words "or in the Social Security Act" shall be deleted from Section 5 (a) (1).
5. in Article 6 (4) (a) (10), the following shall be inserted after the word "active": "(§ 120c)" and delete the words "and cooperating persons."
6. Paragraph 6 (4) (a) (11), including footnote 52, reads as follows:
"11. the time and extent of care of a man under the age of four, care of a child under the age of 18, if he is long-term severely disabled requiring exceptional care, and care of a person personally caring for a close, mostly or completely helpless person or a close, partially helpless person over 80, 52)
52) § 5 (1) (r) and (s), § 3, sentence two and § 4 of Act No. 155 / 1995 Coll. '.
7. in Article 6 (4) (ch), the words "working abroad" are replaced by the words "including note No 53)" voluntary pension insurance, 53);
53) Article 6 of Act No. 155 / 1995 Coll. '
8. Paragraph 6 (4) (n) reads as follows:
"(n) give prior written consent
1. recognition of incapacity for work for more than three days before the date of its detection by the treating physician;
2. recognition of incapacity for work for a period exceeding three days prior to the date on which the treating physician identified serious reasons for which the citizen did not appear for medical treatment on the day specified by the treating physician,
3. recognition of incapacity for work by the same medical practitioner who recognised and confirmed the duration of the previous incapacity for work completed by the decision of the district social security administration of the same citizen for the same or similar illness, except for the acute outbreak of the same illness, within seven days of the cessation of the previous incapacity by the decision of the district social security administration;
4. permit a change of residence for a period of more than three days by treating a doctor of work to an incapacitated citizen, if not for the case referred to in § 5 (f), ';
9. in Paragraph 6 (4) (v), the words "and cooperating persons" are deleted.
10. the following words shall be added at the end of Paragraph 8 (2) (c): "or at the initiative of the Labour Office; the district social security administration shall inform the authority which initiated the medical inspection of the outcome thereof. ';
11. in Article 8 (5), point (a) shall be deleted;
Points (b) and (c) shall become points (a) and (b).
12. in Article 8 (5) (b), the words "the correctional establishment or the institution for the exercise of custody" shall be replaced by the words "prisons or detention prisons (hereinafter referred to as" prisons ")."
13. Paragraph 8 shall be added to paragraph 10:
"(10) In assessing the full invalidity and partial invalidity referred to in paragraph 1, the doctors of the district social security authorities shall be based on medical reports and opinions drawn up by professional practitioners on the health status of citizens. ';
14. In Paragraph 8a (2) of the third sentence, the following sentence is added: "To call upon the citizen concerned to examine his temporary incapacity for work, his attending physician is obliged; the summons shall be made in writing or in any other demonstrable way. ';
15. In Paragraph 8a (3), the following sentence is added at the end: "The treating doctor is required to seek prior written consent from the competent district social security administration in the cases referred to in § 6 (4) (n). '.
16. in Paragraph 9, paragraphs 2 (b) (5) and 6 are deleted.
17. in Paragraph 10 (2), the words "the obligation laid down by the Social Security Act" shall be replaced by the words "the obligations laid down by the Social Security Act (Paragraph 118 (4))."
18. In Paragraph 11, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The competent authorities responsible for the management of the matrices are obliged to communicate in writing to the Czech Social Security Administration in Prague data on the deaths of citizens over 15 years of age and on the change of the name and surnames of citizens born before 1 January 1969, within two weeks of the date of entry into the respective matrices."
19. in Article 14 (3), the words "and cooperating persons" shall be deleted in points (b) and (c) and in point (d) the words "cooperating persons" shall be deleted; and
20. in Paragraph 14 (3) (g), the words' not for classified information 'shall be replaced by' except for individual data ';
21. in the second sentence of Article 17 (5), "three calendar months" shall be replaced by "six calendar months."
22. Paragraph 18, including footnote 54, reads:
(1) Insurance against sickness
(a) the staff employed are carried out by the organisation to which they are employed;
(b) members of a cooperative who are not in employment relations with the cooperative but who are engaged in the work for which they are remunerated by it shall carry out that cooperative;
(c) members and managers of a limited liability company and commanditists of a limited liability company who are not in employment relations with that company but are engaged in the work for which they are remunerated by that company,
(d) the staff working under the employment agreement shall be carried out by the organisation which has concluded this agreement with the staff member;
(e) the Judges shall be carried out by the court to which the Judge is assigned to perform his duties;
(f) the members of the municipal councils to whom the remuneration is paid as long-term vacant members of the municipal councils shall be carried out by the authority handling the personal affairs of the staff of the municipality;
(g) Members of the Chamber of Deputies and Senators of the Senate of Parliament shall be carried out by the competent legislature office;
(h) members of the government shall be carried out by the body which pays the salary to the members of the government;
(ch) the President, Vice-President and members of the Supreme Audit Office shall be implemented by the Supreme Audit Office;
(i) the Director of the Security Information Service implements this service;
(j) voluntary care services are carried out by a legal person who pays those workers the remuneration for the performance of the care service;
(k) foster parents carrying out foster care in special establishments shall be carried out by the district office, which shall pay foster care remuneration,
(l) persons assigned to regular work in the execution of a prison sentence or in custody shall be carried out by prisons;
(m) persons with altered working capacity preparing for work shall be made by the institution which pays the allowance for such persons during preparation for work use;
(n) students and pupils are carried out by the bodies carrying out sickness insurance for school staff to which the student or pupil is studying; If students and pupils are Czech citizens and are sent to study or study abroad by a competent authority or another legal person, the sickness insurance shall be carried out by that authority or by that legal person, and if the student or pupil who has not been sent abroad by that authority or other legal person, the sickness insurance shall be carried out by the competent district social security administration;
(o) internal scientific aspirant54) is carried out by an organisation which handles the personal affairs of an aspirant; If there is an internal scientific aspirant sent to a fellowship abroad, his sickness insurance shall be carried out by the organisation which sent him to the fellowship.
(2) The sickness insurance of employees is carried out in an organisation, even if the staff have been seconded to work outside the organisation or have not been employed for a disease or for any other reason, unless otherwise provided for in this Act.
(3) The organisation also provides sickness insurance benefits to its former employees if they are still entitled to claim them in the organisation and their family members.
54) Article 59 of Act No. 54 / 1956 Coll., on sickness insurance of employees, as amended by Act No. 160 / 1995 Coll. '
23. in Paragraph 22 (g), the word "pension," is replaced by the words "old-age, full-time invalidity or partial invalidity pension," and the words "and what kind of pension it receives" are deleted.
24. In Article 35, the following shall be inserted after "§ 11 ':" paragraph 1'.
25. In Part Three, Title II, the following Section 35a is inserted before Section 36:
Obligation of organisations to keep records and report for pension insurance purposes
(1) For the purposes of pension insurance, an organisation is a legal or natural person who employs other natural persons or who are natural persons in a relationship that constitutes a participation in pension insurance.
(2) Organisations are obliged to keep the necessary records of the facts relevant to the entitlement to, the amount and payment of pension benefits and to submit them to the competent social security authorities.
(3) Changes in the facts relevant to the duration of entitlement to the benefit, the amount of the benefit and the payment of the benefit are to be made in writing, unless otherwise specified, within eight days. At the request of the social security authorities, organisations shall report and report within a time limit specified by that authority and, if the time limit is not specified, within eight days of receipt of the call. ';
26. Paragraph 36, including the title, reads:
Jurisdiction of organisations to perform tasks in the performance of pension insurance
The pension insurance tasks are performed by:
(a) employed workers by the employer to whom the employee is employed;
(b) persons in service relationship to the competent services in which those persons operate;
(c) members of cooperatives who are not in employment relations with the cooperative but who are engaged in the work for which they are remunerated by the cooperative;
(d) members and managers of a limited liability company and commanditists of a limited partnership who are not in employment relations with that company but who are engaged in the work for which they are remunerated by that company;
(e) self-employed persons responsible for the district social security administration;
(f) staff working under an agreement on the work of the organisation which has concluded this agreement with the staff member;
(g) Judges, the court to which the Judge is assigned to perform his duties;
(h) members of the municipal councils to whom the remuneration is paid as long-term vacant members of the municipal councils, the body which handles the personal affairs of the staff of the municipality;
(ch) Members of the Chamber of Deputies and Senators of the Senate of Parliament, the competent legislature office,
(i) President of the Republic Office of the President of the Republic,
(j) members of the government by the body which pays the salary to the members of the government;
(k) the President, Vice-President and members of the Supreme Audit Office of the Supreme Audit Office;
(l) the Director of the Security Information Service,
(m) voluntary care workers by a legal person who pays remuneration for the performance of the care service;
(n) foster care in special establishments, a district office which pays foster care remuneration,
(o) persons assigned to regular work in the execution of a prison sentence or in detention;
p) people who are constantly preparing for a future occupation by studying at a secondary or university in the Czech Republic, this school
(q) persons registered as jobseekers by the employment office;
(r) persons with altered working capacity preparing for the work of the organisation in which preparation is carried out or training centre (s) for citizens with altered working capacity in which that person prepares for work;
(s) persons performing a civil service by the competent authority which issued the call for service;
(t) persons receiving sickness insurance benefits (care) replacing the income foregone after the retirement of the gainful activity which constituted the sickness insurance (care) from which the benefits are paid, the organisation or district social security administration which pays them,
(u) persons voluntarily involved in pension insurance (53) responsible district social security administration. ';
27. in Paragraph 37 (1) (c), the word "labour law" shall be deleted and the following words shall be added at the end: "which establishes a participation in pension insurance,"
28. Paragraph 37 (1) (d) to (f), including footnote 55, reads:
"(d) the basis of assessment for determining social security premiums for the relevant period of the relevant period under the Special Act, 55)
(e) the calendar period during which the citizen received sickness insurance benefits replacing income from the gainful activity;
(f) the duration of military service in the Army of the Czech Republic, except as regards professional soldiers and soldiers in the next service, and the performance of civil service,
55) § 6 of the Act No. 589 / 1992 Coll., as amended by Act No. 241 / 1994 Coll. and Act No. 160 / 1995 Coll. '
29. in Paragraph 37 (1) (g), the words "pension, type of pension and who pays it, if the pension has been adjusted as a single source of income," shall also be replaced by "old age, full disability or partial invalidity pension and who pays it."
30. in Paragraph 37 (2) (a), the following shall be inserted after the words "(occupational disease)": "which pays,"
31. in Paragraph 37 (2) (b), the following shall be inserted after the word "miners": "paid before 1996,"
32. in Paragraph 37, paragraph 5 is deleted.
Paragraph 6 shall become paragraph 5.
33. In Paragraph 37 (5), the first sentence shall be deleted from the words "(cooperating person) 'and the words" working abroad' shall be replaced by the words "voluntarily participating in pension insurance 'and the words" working abroad' shall be replaced by the words "voluntarily participating pension insurance '.
34. in Paragraph 37 (5), the following sentence is added at the end, including footnote 56: "The district social security administration shall send the pension payer a statement of the amount of the assessment basis for determining the pension insurance premiums and the contribution to the national employment policy for the calendar year immediately preceding the year of the pension award to the self-employed person. 56)
56) Articles 11 (3) (b) and 16 (6) of Act 155 / 1995 Coll. '.
35. Paragraph 38, including the title, reads:
Pension insurance records
(1) The organisations and bodies carrying out the pension insurance tasks referred to in Article 36 (a) to (d), (f) to (o) and (r) to (t) are required to keep a register of pension insurance (hereinafter referred to as "the register") for as long as the insurance lasts, with the exception of old-age pensioners. The registration sheet is established when a citizen is involved in pension insurance.
(2) They shall be entered in the register for each calendar year following the accounts (payroll) but no later than 30 April of the following calendar year,
(a) the duration of the pension insurance;
(b) the assessment basis for social security contributions and the contribution to national employment policy;
(c) the periods to be excluded when determining the personal assessment basis.
(3) The employment authorities carrying out the pension insurance tasks referred to in Article 36 (q) are required to keep a register for the period during which the citizen is kept in the employment register as a candidate; in the register, they shall record, instead of the particulars referred to in paragraph 2, the period during which the applicant for employment was subject to physical security and the period during which that material security did not exist.
(4) The records shall be kept on forms issued by the social security authorities. "
36. In Paragraph 39, the following paragraph 3 is inserted after paragraph 2:
"(3) The Office of Labour shall submit the registration sheet to the Czech Social Security Administration through the district social security administration responsible for the seat of the Office of Labour within eight days of the end of the administration of the citizen in the register of the Office of Labour as a candidate for employment."
Paragraphs 3 to 7 shall be renumbered paragraphs 4 to 8.
37. in Paragraph 39 (7), the second sentence is deleted.
38. In paragraph 40, the word "employment 'is replaced by" insurance' in paragraph 1 and in paragraph 2, the words "in paragraphs 21 and 26 of the Social Security Act 'are deleted.
39. in Paragraph 41, paragraph 2 is deleted and the following paragraph 1 is added:
"(1) The organisation shall be obliged to declare whether the beneficiary of an old-age, full-time invalidity or part-time invalidity pension has entered its employment; However, if it is an old-age pensioner, the organisation shall have this obligation only where the old-age pensioner does not fulfil the conditions for the payment of that pension in the course of a gainful activity. 57) In addition, the organisation is obliged to declare that the old-age pension beneficiary has achieved income from a gainful activity in the calendar month in which the pension is not paid under the Pension Insurance Act. 57)
57) § 37 (1) (a) No 1 and § 2 of Act No. 155 / 1995 Coll. 4 and § 6 (b) of the Decree of the Government of the Government of the Czech Republic No 557 / 1990 Coll., on the exceptional provision of retirement pensions to certain miners, as amended by Act No. 578 / 1991 Coll. '
Paragraph 1 shall become paragraph 2.
40. In Paragraph 41 (2), the words "or whether the pension has been adjusted because of a single source of income 'are deleted.
Paragraph 43 reads:
The prisons shall keep records for persons in prison and in custody for the period during which they are involved in pension insurance. Paragraphs 37 (1), 38 and 41 shall apply mutatis mutandis to the keeping of records and reporting of persons referred to in the first sentence. '
42. Sections 44 and 47, including the title, shall be deleted.
43. Paragraph 48, including Notes 37) and 38), reads as follows:
(1) The self-employed person is obliged to notify the competent district social security administration on:
(a) the commencement (restarting) of a self-employed activity or cooperation in the pursuit of a self-employed activity (hereinafter referred to as "self-employed activity"), indicating the date on which it is entitled to pursue that activity; a self-employed person who cooperates in the course of a self-employed activity, 37) is also required to notify the name and surname, permanent residence and the birth number of the self-employed person with whom he cooperates;
(b) the cessation of self-employment; the cessation of a self-employed activity shall also be considered as the date of interruption of that activity, subject to the conditions laid down in the second sentence of Section 10 (5) (a) of the Pension Insurance Act,
(c) the cessation of entitlement to self-employment;
(d) from which she was suspended from self-employment.
(2) A self-employed person who cooperates in the course of a self-employed activity, 37) must also notify the competent district social security administration of the date of death of the self-employed person with whom he cooperates in the course of a self-employed activity and whether or not he continues his business). 38
(3) A self-employed person who merely cooperates in the pursuit of a self-employed activity shall not disclose the facts referred to in paragraph 1 (c) and (d).
(4) The date on which the self-employed person, according to his declaration, began to carry out such activity on a continuous basis shall be considered as the date on which the self-employed person began to pursue the activity referred to in Article 9 (3) (d) and (f) of the Pension Insurance Act; the date on which the self-employed person, according to his declaration, has ceased to pursue that activity on an ongoing basis, shall be deemed to be the date on which the activity is terminated.
(5) The obligations referred to in paragraphs 1 to 3 shall be fulfilled by the self-employed person not later than the eighth day of the calendar month following the month in which the event giving rise to such an obligation arises.
(6) A self-employed person who has applied to participate in pension insurance within the period referred to in paragraph 5 shall not notify the fact referred to in paragraph 1 (a).
37) Paragraph 9 (2) (b) of Act No. 155 / 1995 Coll.
38) Article 13 of Act No. 455 / 1991 Coll., on Business Business (Trade Act). '
44. The following Sections 48a to 48c are inserted after Section 48, including Notes 39 to 41) and 58 to 60):
(1) A self-employed person may register with the competent district social security administration to participate in the pension scheme in a calendar year, at any time during its course, and in the following calendar year for the previous calendar year at the latest on the day on which he gives an overview of the revenue and expenditure for the calendar year for which he is applied for.
(2) Self-employed persons who, as a result of an additional change in the amount of income from self-employment or the expenditure incurred in achieving them, have failed to meet the conditions for participation in pension insurance in the calendar year provided for in paragraphs 1 and 2 of the Pension Insurance Act, may register with the competent district social security administration to participate in pension insurance for that year, 41) on the date on which it gives an overview of the additional change in income or expenditure figures for that year under the Specific Act. 40)
(3) Upon expiry of the time limits referred to in paragraphs 1 and 2 for the submission of an application to participate in pension insurance, such application may not be filed.
(1) The notification requirement laid down in Article 48 (1) (a) shall be fulfilled by a self-employed person on the prescribed form. The notification requirement laid down in Article 48 (1) (b) to (d) and (2) shall be fulfilled by a self-employed person in writing.
(2) Applications to participate in pension insurance (§ 48a) and to participate in sickness insurance (58) shall be submitted on the prescribed forms.
(3) Deficit from participation in pension insurance (59) and from participation in sickness insurance (60) must be in writing.
Paragraphs 49, 50 (1), 51 and 53 apply mutatis mutandis to self-employed persons.
39) Article 15 (1) of Act No. 589 / 1992 Coll., as amended by Act No. 160 / 1995 Coll.
40) Article 15 (2) of Act No. 589 / 1992 Coll., as amended by Act No. 160 / 1995 Coll.
41) § 10 (3) of Act No. 155 / 1995 Coll.
58) Paragraph 145b (2) of Act No. 100 / 1988 Coll., as amended by Act No. 160 / 1995 Coll.
59) Paragraph 10 (5) (e) of Act No. 155 / 1995 Coll.
60) § 145b (3) (a) of Act No. 100 / 1988 Coll., as amended by Act No. 160 / 1995 Coll. '
45. in Paragraph 51 (2), the words "this security" shall be replaced by "this insurance."
46.
(1) Applications for voluntary participation in pension insurance under Section 6 of the Pension Insurance Act and applications for participation in pension insurance in the cases referred to in Section 5 (3), second sentence, and Article 4 (4) of the Pension Insurance Act shall be submitted on the prescribed forms.
(2) A citizen of a voluntary pension scheme may at any time submit a write-off from the pension scheme; participation in pension insurance shall cease to exist on the date specified in the registration, but not before the date on which the citizen has registered from that participation. A citizen voluntarily participating in pension insurance under Section 6 (1) of the Pension Insurance Act is obliged to submit a write-off from the participation in pension insurance if the conditions for such participation are no longer met within eight days. The receipts shall be in writing. ';
47. Paragraph 53 shall be added to paragraphs 3 and 4:
"(3) The beneficiary of a partial invalidity pension is obliged to provide the pension payers with an overview of the income under Section 47 of the Pension Insurance Act on the prescribed forms.
(4) In the event of failure to fulfil the obligations referred to in paragraphs 1 and 2, the pension pension may be suspended if the recipient of the benefit has been notified of this consequence; in the event of failure to fulfil the obligations referred to in paragraph 3, the payment of a partial invalidity pension may always be stopped. ';
48. In Article 54 (1), the first words "and in Article 48 (1) to (7) 'are replaced by" in Article 48 and 48b' and the second sentence is deleted.
49. in Paragraph 54 (2), the following shall be inserted after "in Paragraph 11": "paragraph 1";
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Regulation Information
| Citation | Act No. 160 / 1995 Coll., amending and supplementing certain laws in connection with the adoption of the Pension Insurance Act |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.08.1995 |
|---|---|
| Effective from | 01.01.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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