Act No. 220 / 2011 Coll.
Act amending Act No. 155 / 1995 Coll., on Pension Insurance, as amended, and certain other laws
Valid
Law
Effective from 30.09.2011
220
THE LAW
of 21 June 2011
amending Act No. 155 / 1995 Coll., on Pension Insurance, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Pension Insurance Act
Act No. 1 / 2006 Coll., Act No. 2 / 2006 Coll., Act No. 5, Act No. 5 / 2006 Coll., Act No. 5 / 2006 Coll., Act No. 5 / 2006 Coll., Act No. 18 / 2000 Coll., Act No. 118 / 2000 Coll., Act No. 24 / 2002 Coll., Act No. 4 / 2002 Coll., Act No. 34 / 2004 Coll., Act No. 46 / 2003 Coll., Act No. 40 / 2003 Coll., Act No. 40 / 2004 Coll.
1. In the second sentence of Article 4 (2), the words "fixed amount 'are replaced by the words" percentage of the average wage'.
2. In Paragraph 8, the following sentence is added at the end of paragraph 3: "However, if the manager of a limited liability company is a member of the same limited liability company at the same time, the participation of insurance from these activities is only once '.
3.
(1) In the period from 30 September 2011 to 31 December 2014, the calculation basis is based on a personal assessment basis (§ 16), as follows:
(a) 100% of the first reduction limit shall be calculated;
(b) 29% of the amount above the first reduction limit to the second reduction limit is calculated between 30 September 2011 and 31 December 2011, 28% in 2012, 27% in 2013 and 26% in 2014,
(c) 13% of the amount above the second reduction limit to the third reduction limit shall be calculated between 30 September 2011 and 31 December 2011, 16% in 2012, 19% in 2013 and 22% in 2014;
(d) 10% of the amount above the third reduction limit shall be calculated between 30 September 2011 and 31 December 2011, 8% in 2012, 6% in 2013 and 3% in 2014.
(2) In the post-2014 period, the calculation basis is based on a personal assessment basis (Section 16) so that:
(a) 100% of the first reduction limit shall be calculated;
(b) 26% of the amount above the first reduction limit to the second reduction limit,
(c) the amount above the second reduction limit shall not be taken into account.
(3) Between 30 September 2011 and 31 December 2014, the first reduction limit is 44% of the average wage, the second reduction limit is 116% of the average wage, and the third reduction limit is 400% of the average wage. In the post-2014 period, the first reduction limit is 44% of the average wage in the calendar year and the second reduction limit is 400% of the average wage. The amounts of the reduction borders shall be rounded up to the whole crown.
(4) For the purposes of this Act, the average wage shall be the amount calculated as the product of the general assessment basis per calendar year preceding the calendar year for which the average wage is collected and the conversion rate for the adjustment of that general assessment basis for two years; The calculated amount shall be rounded up to the full crown. However, the average wage fixed for the calendar year in accordance with the first sentence shall not be less than the average wage fixed for the immediately preceding calendar year.
(5) In determining the calculation basis referred to in paragraphs 1 to 4, the reduction limits applicable to the year of the pension award shall apply. ';
4. In Article 16 (4) (f), the words "the studies referred to in Article 5 (1) (m) and when it comes to establishing a personal assessment basis for the calculation of the invalidity pension, also periods' are deleted.
5. In Articles 17 (2) and (4), second sentence, the words "government by regulation 'are replaced by the words" implementing legislation'.
6. In Article 17 (2), the words "a year 'shall be replaced by the words" the year shall be collected in such a way as to maintain a comparable method of determining the average wage in the preceding period and shall not'.
7. In Paragraph 17 (4), the first sentence shall be supplemented by the words "; the average monthly salary shall be collected in such a way as to maintain a comparable method of determining the average monthly salary in the previous period '.
8. Paragraph 18 (1) reads as follows:
"(1) The relevant period for determining the personal assessment basis shall be the period beginning with the calendar year immediately following the year in which the insured person reaches 18 years of age and ending with the calendar year immediately preceding the year in which the pension is granted, unless otherwise specified. ';
9. Paragraph 18 (5) is deleted.
10.Paragraph 31 (1) reads as follows:
"(1) The insured person shall be entitled to an old-age pension before he reaches retirement age if he has obtained the period of insurance provided for in Paragraph 29 (1) or (3) and until he reaches retirement age from the date on which the old-age pension is granted, no more than:
(a) 3 years if his retirement age is less than 63 years old;
(b) 5 years if his retirement age is at least 63 years old and reaches at least 60 years of age. "
11. in the first sentence of Paragraph 32 (2), "1968" is replaced by "1977" and in the second sentence the words "according to this Annex" are deleted.
12. in Paragraph 32 (3):
"(3) For insured persons born after 1977, the retirement age shall be determined by adding to the age of 67 the number of calendar months corresponding to twice the difference between the year of birth of the insured person and 1977. Paragraph 2 of the second sentence shall apply mutatis mutandis. ';
13. in Paragraph 33 (1):
"(1) The basic amount of the old-age pension is 9% of the average salary per month."
14. In the first sentence of Paragraph 34 (4), the words "pursuant to Paragraph 37 (1) 'are deleted.
15. in Paragraph 36 (1) (a), "720" is replaced by "360."
16. in Article 36 (1), the following point (b) is inserted after point (a):
"(b) 1,2% of the calculation base for the period from 361st calendar day to 720th calendar day,"
Point (b) shall be renumbered (c).
17. in Paragraph 41 (1):
"(1) The basic amount of the invalidity pension is 9% of the average salary per month."
18. In Paragraph 42 (3), the words "for third-degree invalidity 'are replaced by the words" covered'.
19. in Paragraph 50 (4), 'five' is replaced by 'two';
20. in Article 50 (5), the second sentence is deleted;
21. Paragraph 51 (1) reads:
"(1) The basic amount of the widower's and widower's pension is 9% of the average salary per month."
22. in Paragraph 53 (1):
"(1) The basic amount of the orphan's pension is 9% of the average salary per month."
23. in Paragraph 54 (3), the words "Percentage area and basic area" shall be replaced by the words "The basic area of the pension shall be rounded up to the whole of the ten crowns and the percentage area."
24. In the first sentence of Article 56 (2), the words "or the absence of medical findings or the absence of information on the educational, experience and knowledge achieved and on previous gainful activities' shall be inserted after the words" health status'.
25. In Paragraph 56, the following paragraph 3 is inserted after paragraph 2:
"(3) If the payment of the invalidity pension has been stopped for the absence of an insured person for a medical check-up or for failure to undergo a medical examination or to submit medical findings or failure to provide information on the education, experience and knowledge achieved, and on previous gainful activities, and if the insured person has been found to have a reduced degree of invalidity prior to the cessation of the invalidity pension, that pension shall be equivalent to the new degree of invalidity as from the date of cessation of his payment. If the insured person is found to have reduced the degree of invalidity only after the invalidity pension has ceased to be paid, that pension shall be equivalent to the new degree of invalidity from the date on which the invalidity pension was reduced. ';
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
Article 26 (57) shall be deleted;
27. In Paragraph 58, at the end of the third sentence, the words "but this shall not apply if, as a result of a change in the degree of invalidity, the amount of the invalidity pension and the new amount of the invalidity pension are lower than the old-age pension which, according to the first sentence, is not paid, or if the right to the first sentence ceases to be paid. '
28. in Paragraph 59 (2), "§ 34 (2), § 35 (2)" is replaced by "§ 34 (2) to (4)."
29. in Article 61a (1), the words "or retirement age, if the retirement age is more than 65," shall be inserted after the words "age 65."
30. in Article 61a, the following paragraph 4 is added:
"(4) For the purposes of the coexistence of pension entitlements pursuant to Article 59 (1), an old-age pension to which entitlement has been acquired under paragraph 1 shall be treated as an existing invalidity pension. '
Paragraph 67 reads:
(1) Paid pensions increase depending on the rise in the consumer price index (price increase) and wage increases. Paid pensions are pensions awarded from a date that falls within the period before the calendar month to which the date from which pensions increase.
(2) The basic and percentage rates of pensions paid are increased from the payment of the pension due in January (hereinafter referred to as the "regular term").
(3) The percentage of pensions paid shall be increased outside the regular deadline (hereinafter referred to as the "special term ') if, during the period for the price increase determined in accordance with paragraph 4, the price increase reached at least 5%. In an exceptional period, pensions paid shall be increased from the payment of the pension due in the fifth calendar month following the calendar month in which the price increase was at least 5%.
(4) The period for determining price increases shall be determined as follows:
(a) within the regular period of August of the calendar year preceding the calendar year in which the regular date for the increase in pensions falls;
(b) within an exceptional deadline, the calendar month in which price increases reached at least 5%.
(5) If the condition for increasing pensions by an exceptional date was met in July or August, pensions will only be increased on a regular basis, with August being the last month of the price increase period.
(6) Price increases are to be determined as a percentage of the consumer price index in the last month of the period fixed for the determination of price increases compared to that index in the calendar month immediately preceding the first calendar month of that period, with a minimum of 1 percentage point being fixed by rounding it to one decimal place in force. The calculation of price increases is made from the original basic aggregate indices of consumer prices (cost of living) per household total determined by the Czech Statistical Office.
(7) The basic rates of pensions paid shall be increased so that the amount of the basic rate of pension is 9% of the average wage, with the amount of the basic rate rounded up to the whole of the ten crowns.
(8) The percentage rates of pensions paid shall be increased by as many percentage points, rounded up to the nearest decimal place in force, at the same time as the increase in pensions on a regular basis, so that, for the average old-age pension, the sum of the amount of the increase in the basic pension rate and the amount of the increase in the percentage rate of the pension corresponds to the increase in the average old-age pension, set at the sum of the price increase referred to in paragraph 6 and one third of the increase in the real wage, rounded to the nearest one decimal point in force. However, the percentage of pensions paid shall not be increased if, as a result of the increase in the basic pension rate referred to in paragraph 7, the amount of the average old-age pension is increased by at least as much as the percentage of the increase laid down in the first sentence.
(9) The percentage rates of pensions paid shall be increased by as much percentage as the price increases referred to in paragraph 6 if pensions are increased within an exceptional period.
(10) The increase in the percentage rate of pension is rounded up to the whole crown.
(11) The average old-age pension shall be determined according to the Czech Social Security Administration's data as the average of all old-age pensions paid for the last calendar month of the period for determining the price increase referred to in paragraph 4, except for old-age pensions paid at a lower rate for co-insurance periods of less than 25 years.
(12) The period for determining the growth of real wages shall be determined by establishing that the first year of that period is the calendar year following the last calendar year of the period for determining the growth of real wages used in the previous increase in pensions, taking into account the growth of real wages, and the last year of that period shall be the calendar year preceding the calendar year in which the date of the increase in pensions falls. Where, during the period laid down, the share for determining the growth of the real wage referred to in paragraph 13 is less than 1, the increase in the real wage shall be taken into account only in the case of an increase in pensions in which the share is higher than 1.
(13) The growth of real wages shall be determined as a percentage after rounding to one decimal place in force, according to the numerator of which the share of the general assessment basis for the last calendar year of the period for determining the real wage growth and the general assessment basis for the calendar year immediately preceding the first calendar year of that period, and in the denominator shall be the share of the average annual index of consumer prices for the household, calculated in total from the original basis indices of consumer prices established by the Czech Statistical Office for the last calendar year of that period and of that average annual index for the calendar year immediately preceding the first calendar year of that period.
(14) The increase in the percentage rate of pensions paid in the exceptional period is also one of those granted in the calendar year in which the percentage rates of pensions paid were increased in the exceptional period.
(15) The increase in pensions shall be laid down in the implementing legislation; where the increase in pensions is made within a regular period, the increase in pensions shall be fixed by 30 September of the calendar year preceding one year of the calendar year in which the regular date of the increase in pensions falls and the increase in pensions by an exceptional period shall be fixed within 50 days of the last day of the calendar month in which the price increase is at least 5%. ';
32. In Article 71, at the end of paragraph 2, the sentence "The first sentence shall not apply where entitlement to an invalidity pension is acquired after 31 December 2011 'is added.
33.In Article 107 (1) (a), "before 1996" is replaced by "before 2010."
34. Paragraph 107 (2) and (3) are deleted.
Paragraph 4 shall become paragraph 2.
35. in Paragraph 108, the following paragraph 1 is inserted:
"(1) The Ministry of Labour and Social Affairs shall issue a decree implementing Articles 17 (2) and (4) and 67 (15)."
Paragraphs 1 and 2 shall become paragraphs 2 and 3.
36. in Article 108 (2), the following points (a) and (b) are inserted:
"(a) the amount of the reduction limits established under Article 15 for the period concerned;
(b) the amount of the basic amount of the pension provided for in Articles 33 (1), 41 (1), 51 (1), 53 (1) and 54 (3) for the calendar year, '.
Points (a) to (d) shall be renumbered (c) to (f).
37.
"Attachment to Act No. 155 / 1995 Coll.
Pension age of insured persons born between 1936 and 1977
| Rok narození | Důchodový věk činí u | |||||
|---|---|---|---|---|---|---|
| mužů | žen s počtem vychovaných dětí | |||||
| 0 | 1 | 2 | 3 a 4 | 5 a více | ||
| 1936 | 60r+2m | 57r | 56r | 55r | 54r | 53r |
| 1937 | 60r+4m | 57r | 56r | 55r | 54r | 53r |
| 1938 | 60r+6m | 57r | 56r | 55r | 54r | 53r |
| 1939 | 60r+8m | 57r+4m | 56r | 55r | 54r | 53r |
| 1940 | 60r+10m | 57r+8m | 56r+4m | 55r | 54r | 53r |
| 1941 | 61r | 58r | 56r+8m | 55r+4m | 54r | 53r |
| 1942 | 61r+2m | 58r+4m | 57r | 55r+8m | 54r+4m | 53r |
| 1943 | 61r+4m | 58r+8m | 57r+4m | 56r | 54r+8m | 53r+4m |
| 1944 | 61r+6m | 59r | 57r+8m | 56r+4m | 55r | 53r+8m |
| 1945 | 61r+8m | 59r+4m | 58r | 56r+8m | 55r+4m | 54r |
| 1946 | 61r+10m | 59r+8m | 58r+4m | 57r | 55r+8m | 54r+4m |
| 1947 | 62r | 60r | 58r+8m | 57r+4m | 56r | 54r+8m |
| 1948 | 62r+2m | 60r+4m | 59r | 57r+8m | 56r+4m | 55r |
| 1949 | 62r+4m | 60r+8m | 59r+4m | 58r | 56r+8m | 55r+4m |
| 1950 | 62r+6m | 61r | 59r+8m | 58r+4m | 57r | 55r+8m |
| 1951 | 62r+8m | 61r+4m | 60r | 58r+8m | 57r+4m | 56r |
| 1952 | 62r+10m | 61r+8m | 60r+4m | 59r | 57r+8m | 56r+4m |
| 1953 | 63r | 62r | 60r+8m | 59r+4m | 58r | 56r+8m |
| 1954 | 63r+2m | 62r+4m | 61r | 59r+8m | 58r+4m | 57r |
| 1955 | 63r+4m | 62r+8m | 61r+4m | 60r | 58r+8m | 57r+4m |
| 1956 | 63r+6m | 63r+2m | 61r+8m | 60r+4m | 59r | 57r+8m |
| 1957 | 63r+8m | 63r+8m | 62r+2m | 60r+8m | 59r+4m | 58r |
| 1958 | 63r+10m | 63r+10m | 62r+8m | 61r+2m | 59r+8m | 58r+4m |
| 1959 | 64r | 64r | 63r+2m | 61r+8m | 60r+2m | 58r+8m |
| 1960 | 64r+2m | 64r+2m | 63r+8m | 62r+2m | 60r+8m | 59r+2m |
| 1961 | 64r+4m | 64r+4m | 64r+2m | 62r+8m | 61r+2m | 59r+8m |
| 1962 | 64r+6m | 64r+6m | 64r+6m | 63r+2m | 61r+8m | 60r+2m |
| 1963 | 64r+8m | 64r+8m | 64r+8m | 63r+8m | 62r+2m | 60r+8m |
| 1964 | 64r+10m | 64+10m | 64r+10m | 64r+2m | 62r+8m | 61r+2m |
| 1965 | 65r | 65r | 65r | 64r+8m | 63r+2m | 61r+8m |
| 1966 | 65r+2m | 65r+2m | 65r+2m | 65r+2m | 63r+8m | 62r+2m |
| 1967 | 65r+4m | 65r+4m | 65r+4m | 65r+4m | 64r+2m | 62r+8m |
| 1968 | 65r+6m | 65r+6m | 65r+6m | 65r+6m | 64r+8m | 63r+2m |
| 1969 | 65r+8m | 65r+8m | 65r+8m | 65r+8m | 65r+2m | 63+8m |
| 1970 | 65r+10m | 65r+10m | 65r+10m | 65r+10m | 65r+8m | 64r+2m |
| 1971 | 66r | 66r | 66r | 66r | 66r | 64r+8m |
| 1972 | 66r+2m | 66r+2m | 66r+2m | 66r+2m | 66r+2m | 65r+2m |
| 1973 | 66r+4m | 66r+4m | 66r+4m | 66r+4m | 66r+4m | 65r+8m |
| 1974 | 66r+6m | 66r+6m | 66r+6m | 66r+6m | 66r+6m | 66r+2m |
| 1975 | 66r+8m | 66r+8m | 66r+8m | 66r+8m | 66r+8m | 66r+8m |
| 1976 | 66r+10m | 66r+10m | 66r+10m | 66r+10m | 66r+10m | 66r+10m |
| 1977 | 67r | 67r | 67r | 67r | 67r | 67r |
Explanatory notes:
"r 'means the year
"m" means the calendar month. ';
Transitional provisions
1. The amount of pensions entitled before 30 September 2011 and granted from a date falling within the period after 29 September 2011 shall be determined in accordance with Act No. 155 / 1995 Coll., on Pension Insurance, as effective from the date of entry into force of this Act.
2. If entitlement to a widower's or widower's pension is established before 1 January 2012, entitlement to that pension shall be renewed after 31 December 2011 if the conditions for entitlement to that pension are met within the period laid down by Act No. 155 / 1995 Coll., on Pension Insurance, as effective until the date of entry into force of this Act.
3. If entitlement to a partial disability pension is established before 1 January 2010 and a second-degree disability is detected in the post-2011 check-up, the invalidity pension shall belong to the former and, if the third-degree invalidity is found, no more than a coefficient 2 shall apply in determining the new percentage of the invalidity pension. If entitlement to a partial invalidity pension was acquired before 1 January 2010 and during the period from 1 January 2010 to 31 December 2011, there was a change in the degree of invalidity from first degree to second or third degree of invalidity, or second degree of invalidity, and then from second degree to third degree or third degree of invalidity, and then from third degree to second degree of invalidity, and after 31 December 2011 there will be a change in the degree of invalidity
(a) from the second step to the first step, the coefficient of 0,6667 shall be applied when determining the new amount of the invalidity pension,
(b) from the third stage to the second stage, a coefficient of 0,3333 shall be applied in determining the new amount of the invalidity pension,
(c) from the third stage to the first stage, the coefficient of 0,2222 shall be applied when determining the new amount of the invalidity pension,
(d) from the second stage to the third stage, the coefficient of 1,3333 shall be applied in determining the new rate of invalidity pension.
4. If, during the first medical examination after 2011, the degree of invalidity is reduced and the amount of invalidity pension is reduced only from the thirteenth instalment of that pension, but the payment of that pension has been stopped for the absence of a medical check-up or non-medical examination or failure to submit medical findings or failure to provide data on the education, experience and knowledge achieved and previous gainful activities, the thirteenth instalment of the pension shall be calculated from the date on which the medical examination was to be carried out or from the date on which the period on which the insured was due to undergo the medical examination if the insured had not undergone the examination.
Amendment of the Act on the organisation and implementation of social security
Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 2006, Act No. 2006, Act No. 100 / 2006, Act No. 2006, Act No. 2006, Act No. 2006, No 2006, Act No. 2006, Act No. 2006, Act No. 100 / 2006, Act No. 2006, No 2006, Act No. 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006.
1. In Paragraph 83b (1), the first sentence is replaced by the following: "Where a citizen in a pension scheme subject to a long-term unfavourable health condition has not undergone a medical examination or, for the purposes of assessing a decrease in working capacity, has not submitted the findings of the treating doctors he has or has not communicated data on the education, experience and knowledge achieved and on previous gainful activities, although he has been invited to such examination, the proceedings may be suspended until such examination has been carried out by the citizen, or has provided the required data, if the citizen has been notified of the call for this result."
2. in Articles 88 (1) and 88a (1) to (4), the words "social security authorities" shall be replaced by the words "social security authorities referred to in Article 3 (3) (b) and (d) to (f)";
3. In Paragraph 88, the words "or appeal 'shall be added at the end of paragraph 6.
4. In Paragraph 88a (4), the words "or decomposition 'shall be inserted after the word" appeal'.
5. Article 108 shall be deleted;
6. Paragraph 120 (1) is deleted and paragraph 2 is deleted.
Amendment of the Act on the award of national struggle participants for the creation and liberation of Czechoslovakia and some of their survivors, on the special contribution to pensions to certain persons, on the lump sum of money to some of the National Liberation Combat participants between 1939 and 1945
In Article 2 (8) of Act No 357 / 2005 Coll., on the award of participants in the national struggle for the creation and liberation of Czechoslovakia and certain survivors of them, on the special contribution to pensions to certain persons, on the lump sum of certain participants in the national struggle for exemption between 1939 and 1945 and on the amendment of certain laws, as amended by Act No. 108 / 2009 Coll., the fourth sentence is replaced by the sentence "The Ministry of Labour and Social Affairs will increase the surcharge in the same way and at the same time as the percentage rate of pensions under the law governing pension insurance 2)."
footnote 2:
"2) § 67 of Act No. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 220 / 2011 Coll. '.
Amendment of the Act on the illegality of the Communist regime and its resistance
In Article 8 of Act No. 198 / 1993 Coll., on the illegality of and opposition to the Communist regime, the present text is renumbered as paragraph 1 and paragraph 2 is added, including footnote 1:
"(2) By decree, the Ministry of Labour and Social Affairs will increase the pension supplement to mitigate certain injustices caused by the Communist regime in the field of social security (1), in the same way and at the same time as the percentage rate of pensions is increased under the pension insurance law.
1) Government Decree No. 622 / 2004 Coll., on the provision of a supplement to pensions to alleviate certain injustices caused by the Communist regime in the social field, as amended. '
EFFECTIVE
This Law shall take effect on 30 September 2011, with the exception of the provisions of:
(a) Article I (3) as regards Article 15 (4) and points 5 to 7, 31 and 34 to 36, Article IV and Article V, which take effect on the day of its publication;
(b) points (1), (2), (13), (15) to (17), (19) to (23) and (26) of Article II (2), (4) and (6) of Article III, which shall take effect on 1 January 2012.
Germany
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Regulation Information
| Citation | Act No. 220 / 2011 Coll., amending Act No. 155 / 1995 Coll., on Pension Insurance, as amended, and some other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.07.2011 |
|---|---|
| Effective from | 30.09.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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