Act No. 213 / 2016 Coll.
Act amending Act No. 155 / 1995 Coll., on Pension Insurance, as amended, and Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended
Valid
Law
Effective from 01.10.2016
Text versions:
01.10.2016
11.07.2016
213
THE LAW
of 15 June 2016
amending Act No. 155 / 1995 Coll., on Pension Insurance, as amended, and Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Pension Insurance Act
Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 99.
1. In Paragraph 19a (1), the words "paragraph 1 'shall be inserted after the words" or Paragraph 102a'.
2. In Part Four, Title One, the following Part Four is inserted after Part Three:
Special provisions on the retirement pension of certain miners
(1) The provisions of this Part apply to insured persons who:
(a) before 1 October 2016, they began to work in mining with a permanent place of work under the ground in deep mines ("deep mining employment"); and
b) in the employment in deep mining have worked at least
1. 3 300 shifts, or, if applicable, for deep-sea mining in uranium mines, 2,200 shifts, or
2. 3 081 shifts where deep-sea mining employment has ended because of the achievement of the maximum permissible exposure or, where applicable, the deep-sea mining employment in the uranium mines, 1 981 shifts where such employment has ended because of the maximum permissible exposure.
(2) The exchange in deep-sea mining employment for the period after 31 December 1992 is understood to mean the shift in which the insured person was engaged in deep-sea mining after most of the underground. The number of shifts in deep-sea mining employment for the period before 1 January 1993 shall be established by multiplying the number of calendar days of deep-sea mining employment, which, according to legislation effective before that date, was classified as employment of the first working category entitled to an old-age pension at the age of at least 55 by 0,6 and rounded upwards.
(3) The provisions of this Part shall not apply to insured persons who, when receiving an old-age pension, have had a retirement age under the implementing legislation issued pursuant to Paragraph 107 (2).
(1) The retirement age of the insured person referred to in § 37b is determined by deducting 7 years from the retirement age determined pursuant to § 32; when determining the pensioner's retirement age, women shall be treated in the same way as men on the same date of birth.
(2) The percentage of the old-age pension of an insured person whose retirement age is determined in accordance with paragraph 1 shall be increased from the date on which that pension is granted in accordance with the rules on the increase of pensions which took effect from 1 January 1996 until the date preceding that on which that pension is granted. However, the increase according to the first sentence, together with the percentage rate of the pension, may not exceed the highest rate, which is determined by the maximum amount of the pension provided for in the second sentence of Paragraph 4 (1) of Act No 76 / 1995 Coll., on the increase of the pensions paid and pensions awarded in 1995, shall be increased in accordance with the rules on the increase in pensions which took effect between 1 January 1996 and the date preceding the date on which the old-age pension is granted. The increases according to the first and second sentences shall be determined as if the old-age pension had been awarded on 31 December 1995. ';
3. In the first sentence of Paragraph 74, the words "until 31 December 2018 'are deleted.
Transitional provision
If the conditions for determining the pension age pursuant to § 37c (1) of Act No. 155 / 1995 Coll., as effective from the date of entry into force of this Act, are fulfilled before the date of entry into force of this Act, the pension age pursuant to § 37c (1) of Act No. 155 / 1995 Coll., as effective from the date of entry into force of the Act, and the percentage rate of the old-age pension is determined according to § 37c (2) of Act No. 155 / 1995 Coll., as effective from the date of entry into force of the Act.
Amendment of the Act on the organisation and implementation of social security
Act No. 31 / 2006, Act No. 31 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 13 / 2006, Act No. 31 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 13 / 2006, Act No. 31 / 2006, Act No. 5, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, No 2006, Act No. 2006, Act No. 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2011, No 2006, No 2006, No 2006, No 2011, No 5, No 2006, No 2006,
1. in Article 35a (4) (d), the words "and 3" shall be inserted after the words "paragraph 2."
2. In Paragraph 37, the following paragraph 3 is inserted after paragraph 2, including footnote 83:
"(3) The employer who employs workers who work in mining with a permanent place of work under the ground in deep mines (hereinafter referred to as" deep-sea mining employment ") shall, for the purposes of determining the retirement age, continue to conduct the pension insurance scheme in accordance with Article 37c (1) of the Pension Insurance Act on these employees.
(a) their list;
(b) records of exchanges in which employment in deep-sea mining was carried out after most of the shift underground in deep-sea mines;
(c) the name of the profession employed by an employee in a deep-sea mining occupation and the description of the work carried out by the employee in those professions; in the processing of these descriptions and the name of the profession, the work activities and the names of the professions contained in the National Professions83) shall be used, indicating, at the same time, that the workplace of that employee is a permanent place of work under the ground in deep mines;
(d) a record of the date of achievement of the maximum permissible exposure;
the employer shall issue a certificate of the particulars referred to in points (b) and (d) on the prescribed forms. The employer shall issue this certificate to the citizen at his request within 30 calendar days of receipt of the application; The employer is also obliged to issue this certificate and a copy of the certificate to the Czech Social Security Administration within 30 calendar days of the end of the job in deep mining.
83) Paragraph 6 (1) (f) of Act No. 435 / 2004 Coll., as amended. '
Paragraphs 3 to 7 shall be renumbered paragraphs 4 to 8.
3. In Paragraph 37, the sentence "Citizens shall submit the certificate referred to in paragraph 3 in the context of a pension application or in the context of a pension conversion application under special legislation84 'shall be added at the end of paragraph 4.
footnote 84 is replaced by the following:
"84) Government Decree No 363 / 2009 Coll., on determining the retirement age and the conversion of the old-age pensions of certain miners who began to work before 1993, as amended by Government Decree No 69 / 2015 Coll. '
4. In Article 37 (6) and (7), "paragraph 4 'is replaced by" paragraph 5';
Transitional provision
The employer referred to in Article 37 (3) of Act No. 582 / 1991 Coll., as effective from the date of entry into force of this Act, is obliged to provide data for the period prior to the date of entry into force of this Act in a certificate issued pursuant to that provision after the termination of employment in mining with a permanent place of work under the ground.
EFFECTIVE
This Act shall take effect on 1 October 2016.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 213 / 2016 Coll., amending Act No. 155 / 1995 Coll., on Pension Insurance, as amended, and Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.07.2016 |
|---|---|
| Effective from | 01.10.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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