Act No. 180 / 2018 Coll.
Act amending Act No. 340 / 2006 Coll., on the Activities of Occupational Pensions Institutions, as amended
Valid
Effective from 16.08.2018
180
THE LAW
of 18 July 2018
amending Act No. 340 / 2006 Coll., on the Activities of Occupational Pensions Institutions, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Act on the Activities of Occupational Pensions Institutions
Act No. 340 / 2006 Coll., on the Activities of Occupational Pensions Institutions, as amended by Act No. 248 / 2008 Coll., Act No. 281 / 2009 Coll., Act No. 260 / 2011 Coll., Act No. 241 / 2013 Coll., Act No. 336 / 2014 Coll., Act No. 205 / 2015 Coll., Act No. 304 / 2016 Coll. and Act No. 183 / 2017 Coll., is amended as follows:
1. At the end of footnote 1, the following is added on a separate line:
"Directive 2014 / 50 / EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for the promotion of workers' mobility between Member States by improving the acquisition and maintenance of supplementary pension rights. '
2. In Article 1 (2), the words "supplementary pension savings' shall be inserted after the words" contribution '.
3. In Article 2, at the end of point (l), the dot is replaced by a comma and the following points (m) to (u) are added:
"(m) the waiting period of employment required for taking part in occupational pension insurance;
(n) pension rights for the right to pension benefits or other benefits from occupational retirement provision;
(o) an active participant who, on the basis of an existing employment or self-employed activity, has acquired or has fulfilled the conditions for the acquisition of pension rights, the right to pension benefits;
(p) the period for the acquisition of rights of active participation in occupational retirement provision required for the acquisition of pension rights;
(q) the pensioner is a former active participant who has acquired pension rights but does not receive pension benefits;
(r) deferred pension rights acquired pension rights retained under the occupational pension scheme in which they were collected by the candidate for retirement;
(s) the value of deferred pension rights, the capital value of pension rights calculated on a given date in accordance with the institution's pension plan;
(t) the outgoing employee is an active participant whose current employment or self-employment ends without the conditions for receiving the pension benefit and who will be working in another Member State;
(u) a survivor who has pension rights in the event of the death of a participant in accordance with the institution's pension plan. ";
4. In Section 6 (2) of the introductory part of the provision, the words "comply with the conditions laid down in Sections 6a and 6b and must 'shall be inserted after the words" must'.
5. In Article 6 (2) (c), the word "rights' is replaced by" pension rights'; the word "pension rights' is replaced by" pension rights'; and the word "reduced 'is replaced by the word" reduced'.
6. In Paragraph 6 (2) (d) (1), the words "no entitlement 'are replaced by the words" no right'.
7. In Article 6, at the end of paragraph 2, the dot is replaced by a comma and the following point (e) is added:
"(e) the procedure for calculating the value of deferred pension rights.";
8. In Article 6, paragraphs 3 and 4 are added:
"(3) The provisions of Sections 6a, 6b and 7a do not apply to invalidity or survivor's benefits, unless otherwise provided.
(4) The provisions of Sections 6a, 6b and 7a do not apply to pension schemes of institutions where the measures aimed at maintaining or restoring the financial stability of the institution are in force or where the institution has entered into liquidation. "
9. The following Sections 6a to 6c are inserted after Section 6, including the headings:
Conditions for the acquisition of pension rights
(1) Where the acquisition of pension rights is conditional
(a) the period for the acquisition of rights or waiting periods, the total sum of those periods for the outgoing staff member may not exceed 3 years;
(b) when the minimum age is reached, the minimum age shall not exceed 21 years for the outgoing staff member.
(2) If the employment or self-employment has been terminated before the outgoing staff member has acquired pension rights, the institution shall be entitled to:
(a) to compensate for contributions paid or paid by him to a outgoing staff member in accordance with a collective or other contract governing the rights and obligations of occupational retirement provision; or
(b) the total amount of contributions paid or the amount of the investment value of such contributions at the date of termination of employment, where the investment risk is borne by the outgoing staff member.
Maintenance of deferred pension rights
(1) If the pension rights are deferred, the initial value of those rights shall be calculated on the date of termination of the existing employment of the outgoing staff member.
(2) The institution shall treat the deferred pension rights of the outgoing staff member and his survivors or their survivors, or their value, in a manner similar to the value of the pension rights of the active participants or in accordance with the development of pension benefits paid, or in accordance with paragraphs 3, 4 or 5.
(3) If pension rights are acquired as a right to a nominal amount, at least the nominal value of deferred pension rights must be maintained.
(4) If the value of the pension rights collected changes over time, the value of the deferred pension rights must be adjusted by an interest rate or by the return on investment.
(5) If the value of the pension rights collected is adjusted according to the inflation rate or the level of wages and salaries, the value of deferred pension rights must be adjusted accordingly.
Other arrangements in collective agreement
A collective agreement may lay down rules different from those laid down under Paragraph 6a or 6b, provided that they are not less favourable to outgoing workers and do not create obstacles to the free movement of persons. '
10. in Article 7 (3) (b), "entitlements" is replaced by "rights."
11. the words "and other pension rights under Article 7a" shall be added at the end of Article 7 (4).
12. in Article 7 (4) (c), "entitlements" is replaced by "rights."
13. the following Section 7a is inserted after Section 7, including the title:
Information in case of termination of employment or self-employment
(1) The institution shall, at its request, communicate to the participant information on how termination of employment or self-employment would affect its pension rights.
(2) The information referred to in paragraph 1 shall include:
(a) the conditions for the acquisition of pension rights and the consequences of their employment or self-employment,
(b) the value of the pension rights acquired at the date of submission of the application or the assessment of the pension rights acquired carried out not later than 12 months before the date of submission of the application; and
(c) the conditions for the treatment of deferred pension rights.
(3) If the pension plan allows for earlier access to acquired pension rights through payment of their capital value, the information provided under paragraph 1 must include a recommendation to the participant to consider the possibility of advising on the investment of that capital value for pension purposes.
(4) The institution is obliged to inform the pensioner at his request
(a) the value of its deferred pension rights at the date of submission of the application or the assessment of the deferred pension rights carried out not later than 12 months before the date of submission of the application; and
(b) the conditions for the treatment of deferred pension rights.
(5) In the case of the payment of survivor's pension benefits, paragraph 4 shall apply to the survivor of the pension in accordance with the pension plan.
(6) The information referred to in paragraphs 1 to 4 shall be provided in writing, in sufficient detail and without undue delay. The pension plan may provide that the information referred to in paragraphs 1 to 4 shall be provided only once a year. ';
14. in Article 9 (2) and (3):
"(2) An institution commits an offence by:
(a) calculate the initial value of deferred pension rights in breach of Article 6b (1);
(b) treat the deferred pension rights of the outgoing employee and his survivors or their value contrary to Article 6b (2);
(c) it does not retain the nominal value of deferred pension rights in the case of Article 6b (3);
(d) adjust the value of deferred pension rights in breach of Paragraph 6b (4);
(e) not provide information to the participant contrary to Article 7 (1) or (2);
(f) does not provide the participant with the information referred to in Article 7 (3) each year;
(g) does not provide the participant with the information referred to in Article 7 (4) upon request;
(h) does not, at the request of the tenderer or the consignee, fulfil the obligation under Article 7 (5) (a) or (b);
(i) does not provide the necessary information on the pension benefits payable and the possibility of payment in the case referred to in Article 7 (6);
(j) disclose to the participant, at his request, the information referred to in Article 7a (1) or communicate it in contravention of Article 7a (2) or (3);
(k) shall not, at the latter's request, disclose the information referred to in Article 7a (4) or (5);
(l) provide information in a manner contrary to § 7a (6); or
(m) does not remedy the deficiencies found in breach of § 8 (4).
(3) A fine may be imposed for an offence
(a) up to CZK 2 000 000, if the offence referred to in paragraph 1 or paragraph 2 (a), (b), (c), (d) or (m) is committed,
(b) up to 1 000 000 CZK if the offence referred to in paragraph 2 (e), (f), (g), (h), (i), (j), (k) or (l) is committed. "
15. in Article 10d (4) (a), "entitlements" is replaced by "rights."
16. in Article 10d (6) (b), "entitlement to pension benefits" shall be replaced by "right to pension benefits."
Transitional provision
The provisions of Act No. 340 / 2006 Coll., as effective before the date of entry into force of this Act, shall apply to the duration of employment or self-employment.
Efficacy
This Act shall take effect on the day of its publication.
z. Filip v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 180 / 2018 Coll., amending Act No. 340 / 2006 Coll., on the Activities of Occupational Pensions Institutions, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.08.2018 |
|---|---|
| Effective from | 16.08.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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