Full text of Act No. 233 / 1998 Coll.

Pension Insurance Act (full text, as resulting from subsequent amendments and additions)

Valid Declared full text
Text versions: 09.10.1998
Contents
ČÁST PRVNÍ § 1 § 2 § 3 § 4 ČÁST DRUHÁ HLAVA PRVNÍ § 5 § 6 § 7 HLAVA DRUHÁ Díl první § 8 Díl druhý § 9 § 10 ČÁST TŘETÍ HLAVA PRVNÍ § 11 § 12 § 13 § 14 HLAVA DRUHÁ § 15 § 16 § 17 § 18 § 19 HLAVA TŘETÍ § 20 § 21 § 22 § 23 § 24 § 25 § 26 § 27 ČÁST ČTVRTÁ HLAVA PRVNÍ Díl první § 28 § 29 § 30 § 31 § 32 Díl druhý § 33 § 34 § 35 § 36 Díl třetí § 37 HLAVA DRUHÁ Díl první § 38 § 39 § 40 Díl druhý § 41 Díl třetí § 42 HLAVA TŘETÍ Díl první § 43 § 44 Díl druhý § 45 Díl třetí § 46 § 47 § 48 HLAVA ČTVRTÁ Díl první § 49 § 50 Díl druhý § 51 HLAVA PÁTÁ Díl první § 52 Díl druhý § 53 HLAVA ŠESTÁ Díl první § 54 § 55 § 56 § 57 Díl druhý § 58 § 59 § 60 § 61 Díl třetí § 62 § 63 Díl čtvrtý § 64 § 65 § 66 HLAVA SEDMÁ § 67 ČÁST PÁTÁ HLAVA PRVNÍ § 68 § 69 § 70 § 71 HLAVA DRUHÁ § 72 § 73 § 74 § 75 § 76 § 77 § 78 § 79 § 80 § 80a § 80b § 81 § 82 § 83 § 84 § 85 § 86 § 87 § 88 § 89 § 90 § 91 § 92 § 93 § 94 § 95 § 96 § 97 § 98 HLAVA TŘETÍ § 99 § 100 § 101 HLAVA ČTVRTÁ § 102 § 103 § 104 ČÁST ŠESTÁ § 105 § 106 § 107 § 108 § 109 § 110 Čl. IV Čl. V Čl. VI Čl. VII Čl. V Čl. VI
233
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announces the full text of Act No. 155 / 1995 Coll., on Pension Insurance, with changes made by Act No. 134 / 1997 Coll. and Act No. 289 / 1997 Coll.
THE LAW
on pension insurance
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS
§ 1
Scope
(1) This law regulates pension insurance ("insurance ') in the event of old age, invalidity and death of the provider [§ 4 (1) (d) and (e)].
(2) The organisation and implementation of insurance, the obligations of insured persons, recipients of benefits and employers and their liability in insurance and insurance premiums (hereinafter referred to as "insurance premiums") are governed by special legislation.1)
§ 2
Participation in insurance
(1) Participation in insurance is compulsory for natural persons (hereinafter referred to as "persons") referred to in Section 5. The persons referred to in Section 6 may also participate on a voluntary basis.
(2) For insurance purposes, the insured person is the person who is or has been involved in the insurance.
§ 3
Eligibility of persons in legal relations insurance
(1) The ability of a person to have rights and obligations in legal relationships arises from birth and ceases to be dead or, where appropriate, declared dead.
(2) Eligibility of a person to acquire his or her own legal act in legal relations of rights insurance and to assume obligations arises by reaching maturity, (2) unless otherwise provided. Eligibility to be a party to proceedings for the grant of a full invalidity pension and partial invalidity pension [§ 4 (1) (b) and (c)] shall result from the termination of compulsory education; the grant of this pension shall give rise to eligibility under the first sentence and shall continue until maturity. The provisions of the Civil Code shall apply mutatis mutandis to restrictions and waivers.
(3) A person who does not have legal capacity under paragraph 2 must be represented by a legal representative; who is a legal representative of minors shall provide for a separate law.3)
§ 4
Types of pensions and their amount
(1) The following pensions shall be provided from insurance:
(a) old-age;
(b) full disabled,
(c) partial invalidity;
(d) widows and widows,
(e) orphans.
(2) The amount of the pension is composed of a basic amount and a percentage amount. The base area shall be fixed and the percentage area shall be determined by a percentage of the basis of calculation, if it is the pensions referred to in paragraph 1 (a) to (c), or the percentage of the deceased's pension, if it is the pensions referred to in paragraph 1 (d) and (e).

ČÁST DRUHÁ

INSURANCE PARTICIPATION

HLAVA PRVNÍ

SURVEILLANCE RANGE
§ 5
(1) Insurance is involved when the conditions laid down in this Act are met
(a) staff in employment;
(b) persons in service and soldiers in next duty, 5)
(c) members of the cooperative, if they are not in employment relations with the cooperative but are engaged in the work for which they are remunerated;
(d) members and managers of a limited liability company and commanditists of a limited liability company, if they are not in employment relations with that company but are engaged in the work for which they are remunerated;
(e) self-employed persons;
(f) staff working under an agreement on work,
(g) Judges,
(h) members of municipal councils, if they are paid remuneration as long-term vacant members of municipal councils, 4)
(ch) Members of the Chamber of Deputies and Senators of the Senate of Parliament,
(i) the President of the Republic, the members of the Government, the President, the Vice-President and the members of the Supreme Audit Office and the Director of the Security Information Service;
(j) volunteer care staff;
(k) foster care in special facilities;
(l) persons employed regularly in the execution of a prison sentence or in custody;
(m) persons who are constantly preparing for a future occupation by studying at a secondary or higher vocational school (hereinafter referred to as "secondary school") or at a university in the Czech Republic for the first six years of that study after the age of 18;
(n) persons registered in the employment office as jobseekers for the period during which they are entitled to the physical security of jobseekers and, to a maximum of three years, for the period for which such physical security does not belong, that period of three years shall be determined retrospectively from the date on which the pension entitlement is acquired and shall not include the period of participation in the insurance referred to in Article 6 (1) (a); the condition of keeping in the register of the employment office as a jobseeker shall be deemed to have been fulfilled for the purposes of this Act for the period for which, under the special law, the physical security of the jobseekers prior to taking up that register belongs, 28)
(o) persons with altered working capacity preparing for work use;
(p) persons serving military services in the Army of the Czech Republic, unless they are professional soldiers and soldiers in the next service, 5)
(q) civil servants;
(r) persons caring for a child under the age of four or for a child under the age of 18 if the long-term disabled is requiring exceptional care;
(s) caring personally for a close, predominantly or completely helpless person or a close, partially helpless person over 80 years of age;
t) Beneficiaries of a full disability pension from Czech insurance, until the age required for the entitlement to an old-age pension pursuant to § 32; for the purpose of participating in the insurance, also persons who do not receive a full invalidity pension but fulfil the conditions of entitlement to that pension and receive a service allowance or service allowance under special laws, 6)
(u) persons receiving sickness insurance (care) benefits replacing income foregone after the cessation of the gainful activity which constituted the sickness insurance from which the benefits are paid.
(2) For the purposes of this Act, a person who is employed in an employment relationship is also considered to be an employee [paragraph 1 (a)] because not all the conditions laid down in the labour law governing his establishment have not been fulfilled.
(3) The person referred to in paragraph 1 (r) shall mean the parent of the child, the person to whom the child has been assigned to foster care by decision of the court or of whom the child has been given custody by decision of the competent authority, and the spouse of the child's parent, if the child has been entrusted to the other spouse by decision of the court or if the other parent has died or is not known; a parent is also understood as a child-adopter. A man shall be deemed to be the person referred to in paragraph 1 (r) only if he has submitted an application to participate in insurance no later than two years after the end of childcare; if he has not submitted such an application within that period, he may not be considered as the person referred to in paragraph 1 (r). The second sentence shall also apply mutatis mutandis to a person who cares for a child under the age of 18 if he is a long-term severely disabled person requiring exceptional care.
(4) Participation in the insurance of the person referred to in paragraph 1 (s) shall be incurred only if he has submitted an application to participate in the insurance no later than two years after the end of the care of the close person; the provisions of paragraph 3 of the second part of the sentence after the semicolon shall apply mutatis mutandis.
§ 6
(1) Insurance is also attended by persons over 18 years of age if they have submitted an application to participate in insurance and the period of insurance
(a) keeping in the register of the employment office as a candidate for employment, provided that they do not have the physical security of the jobseekers for the duration of that registration;
(b) continuous training for a future profession by studying at a secondary or university school in the Czech Republic, except for the period of the first six years of that study after the age of 18 years [Paragraph 5 (1) (m)];
(c) gainful activities abroad after 31 December 1995 in the case of persons referred to in Article 5 (1) (a), (c) and (e); for the period prior to the filing date, participation in insurance shall be possible within a maximum of two years immediately prior to that date.
(2) The insurance shall also be attended by persons over 18 years of age if they have submitted an application to participate in the insurance and the period of insurance of such persons under Article 11 (1) (a) and Article 13 (1) lasted at least one year. However, participation in the insurance of persons referred to in the first sentence shall be possible for a maximum period of 10 years; for the period preceding the filing date, participation in insurance shall be possible within a maximum of one year immediately prior to that date.
§ 7
Under this Act, a full invalidity pension is also granted to persons who have not been covered by insurance but who fulfil the conditions laid down by this Act (§ 42 (1)).

HLAVA DRUHÁ

INSURANCE PARTICIPATION CONDITIONS

Díl první

Conditions for participation of staff and other groups of persons engaged in work or similar activities
§ 8
The persons referred to in Article 5 (1) (a) to (d) and (f) to (l) and Article 5 (2) shall participate in insurance under this law if they are involved in sickness insurance (care) under special rules. 7)

Díl druhý

Conditions for the participation of self-employed persons
§ 9
(1) The insurance is for self-employed persons [Paragraph 5 (1) (e)] if they are self-employed in the Czech Republic and fulfil the conditions laid down below.
(2) For the purposes of insurance, a person who:
(a) pursue a self-employed activity; or
(b) cooperate in the pursuit of a self-employed activity, provided that, under the Income Tax Act, the income generated by that activity can be distributed to it and the expenditure incurred in achieving, securing and maintaining it. 8)
(3) The activity of self-employed persons referred to in paragraph 2 (a) shall mean:
(a) the operation of agricultural production, forest and water management, if the person operating such production and management is registered under a special law, 9)
(b) the operation of a trade on the basis of an authorisation to operate a trade under a special law, 10)
(c) the activity of a member of a public commercial company or of an associate of a limited company for that company, 11)
(d) performance of artistic or other creative activities on the basis of copyright relations, (12) where, according to a declaration by the person performing such activities, the activity is a continuous exercise;
(e) the pursuit of another activity carried out under an authorisation under specific regulations, 13) which is not mentioned in points (a) to (d); the condition here is that this activity is carried out outside the employment or similar relationship,
(f) the pursuit of activities other than those referred to in points (a) to (e) carried out on their own behalf and on their own responsibility in order to achieve income; (14) However, rental of real estate (parts thereof) and movable property is not considered to be the exercise of these activities. 15) The condition here is that, according to the statement of the person performing these activities, it is a continuous exercise.
(4) A self-employed person shall only be an insurance participant once, even if he carries out several of the activities referred to in paragraph 3, or if necessary cooperate in the performance of several of those activities or carry out at the same time the activities referred to in paragraph 2 (a) and (b).
(5) Where self-employment is further discussed, this also means cooperation in the pursuit of that activity [paragraph 2 (b)].
§ 10
(1) A self-employed person shall participate in insurance in a calendar year if his income from self-employment, after deduction of the expenditure incurred in achieving, securing and maintaining him in the calendar year, has reached at least six times the amount to which a full part of the personal assessment base is to be counted (Section 15, first sentence and Section 107 (2)); the amount of the sum to which the full part of the personal assessment base, which is valid on 1 January of the calendar year for which participation in insurance is to be assessed, is taken into account. Revenue from self-employment and expenditure incurred in achieving it, in securing and maintaining it shall be assessed under a special law. 16)
(2) The six-fold referred to in paragraph 1 shall be reduced by half the amount in which the full part of the personal assessment base (paragraph 1 of the first sentence of the semicolon) is counted for each calendar month in which the self-employed person has not been self-employed throughout the month and for each calendar month in which the self-employed person has been entitled to sickness insurance from the sickness insurance of self-employed persons, or has received such sickness insurance, has been in the armed forces (civil service) or has received financial assistance in the maternity (cash assistance) from the sickness insurance of self-employed persons. The calendar months in which, according to the first sentence throughout the month, a self-employed activity has not been carried out shall mean the calendar months before the month in which the self-employed activity began and the calendar months after the self-employed activity has ceased.
(3) A self-employed person who does not fulfil the conditions for participation in insurance referred to in paragraphs 1 and 2 shall participate in insurance in a calendar year if he has applied for insurance for that year; the time limits for filing an application for participation in insurance are laid down in specific laws. 1) The provisions of the previous sentence shall apply mutatis mutandis to the part of the calendar year in which the participation in the insurance has been created or ceased in accordance with paragraph 4 or 5.
(4) The participation of a self-employed person in insurance shall be established on 1 January of the calendar year in which the conditions referred to in paragraphs 1 and 2 have been met or for which he has applied to take part in the insurance referred to in paragraph 3, but not earlier than the date on which he or she began to pursue a self-employed activity; the participation in insurance cannot arise before the date on which it is entitled to pursue a self-employed activity.
(5) Participation in the insurance of a self-employed person shall cease on 31 December of the calendar year in which the conditions referred to in paragraphs 1 and 2 have been met or for which it has applied to participate in the insurance referred to in paragraph 3. However, participation in the insurance of a self-employed person shall cease no later than the date on which:
(a) where the self-employed person has ceased self-employed. The cessation of a self-employed activity shall be considered as always the interruption of that activity, from the date of interruption of that activity, provided that, after the month in which such interruption took place, the interruption lasted at least six calendar months consecutive; This shall not apply if the self-employed activity has been interrupted for the reasons referred to in the first sentence of paragraph 2,
(b) which has ceased to have a self-employed capacity to pursue a self-employed activity;
(c) from which the self-employed person, according to his declaration, has ceased to pursue self-employed activity continuously in respect of the persons referred to in Article 9 (3) (d) and (f); or
(d) from which a self-employed person has been suspended from carrying on his business;
(e) cancelled.

ČÁST TŘETÍ

BASIC INJURY

HLAVA PRVNÍ

INSURANCE AND REFUND INSURANCE PERIOD
§ 11
(1) Insurance period after 31 December 1995 is the period of participation in insurance
(a) persons referred to in Article 5 (1) (a) to (l) and (2) for whom insurance has been paid in the Czech Republic;
(b) persons referred to in Section 6 for whom insurance has been paid in the Czech Republic at the earliest from the date of payment of the insurance.
(2) For the period of insurance referred to in paragraph 1 (a), the period of insurance referred to in Article 5 (1) (a) to (d) and (f) to (l) and paragraph 2 shall not be considered as the calendar month in which the income attributable to the assessment basis for the determination of premiums under the special legislature17 has not been obtained because such persons have not engaged in an insurance participation activity or have received sickness insurance benefits (care) replacing the income lost. The condition for the payment of the premiums referred to in paragraph 1 (a) shall be deemed to have been met, even if the employer had not paid the insurance premiums, although he was obliged to pay the premium; for the purposes of this Act, the employer is a legal or natural person who employs an insured person in an employment relationship and other employment relationships, or to whom the insured person is in another legal relationship establishing an insurance participation under this Act.
(3) The period of insurance of persons referred to in Article 5 (1) (e) is also:
(a) in the calendar year in which the day from which the pension is granted (hereinafter referred to as the year of the pension award) falls, the period prior to that date, if such persons have paid up to the date of the application for the pension for an advance on the premiums due before the end of the calendar month preceding the calendar month in which the application was lodged,
(b) the calendar year immediately preceding the year of the pension award, where advances on premiums due for that year have been paid for that calendar year and the premium supplement has not yet been due before the date of application for the pension.
§ 12
(1) The replacement period of insurance is after 31 December 1995 the period of participation in the insurance of persons referred to in § 5 (1) (m) to (u); the condition for this period of participation in insurance is that it was acquired in the Czech Republic and that the period of insurance lasted at least one year. For the period referred to in § 5 (1) (r) no childcare is required in the Czech Republic.
(2) Save as otherwise provided for in this law, a replacement period of insurance shall be assessed for the creation of a pension entitlement and for the amount of the percentage of the pension as well as the period of insurance.
§ 13
(1) The periods of employment completed before 1 January 1996 under the rules applicable before that date shall also be considered as periods of insurance; However, if the period of employment is abroad before 1 May 1990, the period shall be evaluated only if the insurance has been paid for it, at the earliest from the date of payment of the premiums.
(2) Replacement periods completed before 1 January 1996 under the rules in force before that date and the period of retirement as a service of years shall also be considered as a replacement period of insurance.
§ 14
(1) If the periods of insurance cover each other, only the period which is more favourable to the insured shall be taken into account for determining the total period of insurance for the entitlement to the pension and the percentage rate of the pension; The same applies if they cover each other's insurance periods or insurance periods and insurance periods.
(2) The same period of childcare under Section 5 (1) (r) cannot be counted simultaneously for several persons; If more than one person has taken care of the child at the same time, such care shall be taken as a replacement period of insurance for the person who has taken care of the most. The provisions of the previous sentence shall apply mutatis mutandis to the care of a close person under Paragraph 5 (1) (s).

HLAVA DRUHÁ

CALCULATION BASIS
§ 15
The calculation basis is the personal assessment basis (§ 16) if it does not exceed 5000 CZK. If the personal assessment basis exceeds CZK 5000, the calculation basis shall be determined in such a way that the amount of CZK 5000 is calculated in full, from the amount of the personal assessment basis above CZK 5000 to CZK 10,000, 30% is calculated and 10% is calculated from the amount of the personal assessment basis above CZK 10,000.
§ 16
(1) The personal assessment basis is the monthly average of the total annual assessment bases of the insured person for the relevant period (§ 18). This average shall be calculated as the product of the coefficient 30,4167 and the proportion of the sum of the annual assessment bases for the relevant period and the number of calendar days for the relevant period; where there are excluded periods in the relevant period (paragraphs 4 to 6), they shall be reduced by the number of calendar days attributable to the relevant period.
(2) The annual assessment basis of the insured person shall be determined as the product of the sum of the assessment bases of the insured person for the calendar year and the coefficient of increase of the general assessment base (Section 17 (1)).
(3) The assessment basis for the insured person for the period after 31 December 1995 is the assessment basis for the determination of premiums under the special legislation17) and for the period before 1 January 1996, the gross income determined for pension purposes under the rules in force before 1 January 1996. For the purposes of determining the annual assessment basis, the insurance undertaking's assessment base for the period after 31 December 1995 shall also include compensation for loss of earnings after the end of the incapacity for work (occupational disease) 18) and compensation for loss of service income (salary) after the cessation of incapacity for service. 19) Where the insurance undertaking referred to in Article 6, which pays the premium for the calendar year preceding more than one year of the calendar year in which the premium is paid, the assessment basis on which the premium is paid shall be adjusted by multiplying it by the coefficient established as the percentage in which the numerator is the general assessment basis (Article 17 (2)) for the calendar year in which the premium is paid, and by the denominator, the general assessment basis for the calendar year preceding the calendar year in which the premium was paid, multiplied by the conversion rate (Article 17 (4) for the adjustment of that general assessment basis.
(4) The periods excluded are before 1 January 1996 periods which, according to the regulations in force before that date, were excluded when determining gross earnings for the purpose of calculating the average monthly earnings. The periods excluded after 31 December 1995, if they do not coincide with the period of participation in the insurance of persons referred to in Article 5 (1) (e), the period of insurance in which the insured person had income which is included in the assessment base, the period of insurance referred to in Article 11 (1) (b), or the period during which the refunds referred to in the second sentence of Article 16 (3) were due,
(a) receiving sickness insurance (care) benefits replacing income from gainful employment;
(b) receiving full invalidity or old-age pension; in so doing, the payment of similar pensions from the foreign insurance holder shall be considered as receiving such pensions;
(c) for which the insured person has been liable for insurance premiums, unless it is possible to establish the level of its assessment bases;
(d) the performance of military service in the Army of the Czech Republic, in so far as they are not professional soldiers and other soldiers, 5) and the performance of civil service,
(e) participation in insurance of persons referred to in Article 5 (1) (r) and (s);
(f) studies referred to in § 5 (1) (m);
(g) participation in insurance of persons referred to in Article 5 (1) (n);
(h) preparation for the labour use of persons with altered working capacity;
(ch) from the date on which the pension is granted until the end of the year on which the pension is granted, if the cases referred to in Article 18 (2) and (3) are concerned, and the period before the age of 18, if the cases referred to in Article 18 (2) are concerned.
(5) Where the sum of the excluded periods referred to in the second sentence of paragraph 4 (e), (f) and (h) is more than 1825 calendar days, the number of such excluded periods over 1825 calendar days shall be limited to one half.
(6) The period of participation in the insurance of the persons referred to in Article 5 (1) (e) referred to in Article 11 (3) (b) shall be deemed to be excluded until the amount of the premiums has been determined according to the actual income from the self-employment after deduction of the expenditure incurred in achieving, securing and maintaining it (Section 10 (1)).
(7) The personal assessment basis and the annual assessment basis of the insured person shall be rounded up to the whole crown.
§ 17
(1) The rate of increase in the general assessment base shall be determined as the proportion of the general assessment basis for a calendar year preceding the year of the pension, multiplied by the conversion rate (paragraph 4), and the general assessment basis for the calendar year for which the annual assessment basis is calculated; the coefficient shall be determined to the nearest four decimal places in force. The increase in the general assessment basis shall always be at least 1.
(2) The amount of the general assessment base per calendar year shall be determined by the Government by regulation by 30 September of the following calendar year at the rate of the average monthly wage recorded by the Czech Statistical Office for the calendar year. the amount of the general assessment basis per calendar year shall not be less than the amount of the general assessment basis for the immediately preceding calendar year.
(3) For the purpose of determining the annual assessment basis for the calendar year preceding the year of the pension award, and for the year of the pension award, the coefficient of increase in the general assessment base shall always be 1.
(4) The conversion rate shall be determined as a proportion of the average monthly wage recorded by the Czech Statistical Office for the first half of the calendar year preceding the year of the pension, and of the average monthly salary recorded by the Czech Statistical Office for the first half of the calendar year preceding the year of the pension. The amount of the conversion rate for the adjustment of the general assessment basis for the calendar year preceding the year of the pension is fixed by the Government by the regulation before 30 September of the calendar year in which the general assessment basis is established. The conversion rate shall be at least 1 each; that rate shall be set to the nearest four decimal places in force.
§ 18
(1) The period of 30 calendar years immediately prior to the year of the pension is the relevant period for establishing the personal assessment basis, unless otherwise specified. The relevant period shall not include the calendar year in which the insured person reaches 18 years of age and the preceding calendar year.
(2) If the year of the pension is immediately preceded by the calendar year in which the insured person reaches 18 years of age, the relevant period shall be those two calendar years. If the pension is granted from a date falling within the calendar year in which the insured person reaches 18 years of age, the relevant period shall be that calendar year. According to the previous sentences, the period between the age of 18 and the date on which the pension is awarded is more than 30 days, and the period between the age of 18 and the date on which the pension is granted is excluded.
(3) If the period between 18 years of age and the date on which the pension is granted does not exceed 30 days, or if the full period between 18 years of age and the date on which the pension is granted is excluded, or if the pension is granted to an insured person under 18 years of age, the period shall be the year of retirement and the preceding calendar years in which the insured has a basis for assessment.
(4) The calendar years before 1986 shall not be included in the relevant period. However, if there are not at least five calendar years with an assessment basis for the insured person during such a relevant period (Paragraph 16 (3)), the period before 1986 shall be extended gradually to cover one more such year, but not more than the calendar year immediately following the year in which the insured person reaches the age of 18.
(5) Where the number of calendar years included in the relevant period referred to in paragraphs 1 and 4 is less than that laid down in the first sentence of paragraph 1, the relevant period shall be that lower number of calendar years.
§ 19
(1) An old-age, full-disability and partial invalidity pension of an insured person who receives or receives one of those pensions or benefits for years shall not be calculated from a lower calculation base than the calculation base established in accordance with Article 15 of the personal assessment basis for which the former pension has been assessed, multiplied by the coefficient set out as the percentage in which the numerator is the product of the general assessment base for the calendar year preceding the year of the pension award and the conversion rate (Article 17 (4) for the adjustment of that general assessment base, and the denominator is the general assessment basis for the last calendar year of the period of the determination of the personal assessment basis for the previous pension. If an earlier pension has not been assessed on the basis of the assessment bases laid down for the relevant period (Paragraph 18), the first sentence shall be followed, stating that in the denominator is the general assessment basis for the calendar year preceding the calendar year in which the former pension is granted; If the former pension has not been calculated on the basis of the calculation basis, the general assessment basis on which the pension was calculated shall be considered as a personal basis, multiplied by the conversion rate for adjusting that general assessment basis. If the insured person received more than one pension, the highest calculation basis laid down in the first and second sentences shall apply.
(2) Paragraph 1 shall apply mutatis mutandis where an earlier pension has been calculated from the average monthly earnings in accordance with the provisions in force before 1 January 1996, with the average monthly earnings being considered as a personal basis; the average monthly earnings are unrestricted in accordance with these rules and the relevant period under those rules, from which the average monthly earnings were established. Where an earlier pension has not been calculated from the average monthly earnings established for the relevant period, the first sentence of paragraph 1 shall be followed by the general assessment basis for the calendar year preceding the calendar year of the granting of the former pension in the denominator.

HLAVA TŘETÍ

OTHER INJURY
§ 20
Child
(1) For the purposes of this Act, a child is owned or adopted and, unless otherwise provided, a child taken into permanent care replacing the care of the parent.
(2) A child who has been taken into custody by a competent authority shall be considered to be a child who has been taken into permanent care by the parent, the child of the spouse who has been given custody by a decision of the court, and the child of the spouse, if the other parent of the child has died or is unknown.
(3) For the purposes of this Act, a child shall be considered as an uninsured child until the end of compulsory education and thereafter, but not later than 26 years of age, if:
(a) is constantly preparing for a future occupation (Sections 21 to 23);
(b) it cannot continuously prepare for a future occupation or pursue a gainful occupation for sickness or accident; or
(c) because of the long-term unfavourable health condition, he is unable to pursue a continuous gainful activity.
(4) At the end of compulsory education, a child who is registered as a jobseeker and is not entitled to physical security of jobseekers shall also be considered as an undependent child until 18 years of age, except where he is not entitled to physical security of jobseekers for reasons referred to in § 14 (1) (d) to (f) of Act No. 1 / 1991 Coll., as amended by Act No. 578 / 1991 Coll.
(5) For compulsory education 20) is also considered for the purposes of this Act
(a) attendance in the tenth year of the special primary school, special school or auxiliary school, education of a severely disabled child exempt from compulsory schools29), and further study at a high school or dance conservatory, in relation to school years, by which the child completes the number of years required to complete compulsory schooling;
(b) the period of school holidays following the end of the school teaching period of the school year in which the child completes the last year of compulsory schooling, provided that he has not at that time started to pursue a gainful activity to the extent specified in Section 27, nor has he begun to receive physical security for jobseekers.
Continuous preparation of the child for future occupation
§ 21
(1) For the purposes of this Act, the continuous preparation of a child for a future occupation shall be:
(a) studies at secondary and higher education institutions in the Czech Republic, 21) with the exception of studies in employment and combined studies, if the child is employed at least to the extent specified in § 27 or receives physical security for jobseekers and studies for the duration of the military basic service (replacement), civil service or service of armed forces; secondary and higher education in the Czech Republic is also considered to be a study in secondary and higher education abroad if, according to the decision of the Ministry of Education, Youth and Sports, it is equivalent to that of secondary and higher education in the Czech Republic,
(b) preparation for work applications in training facilities for citizens with altered skills.
(2) According to paragraph 1, secondary schools shall mean such schools, where they are included in a network of schools, 30) as well as armed forces and armed corps and fire protection schools; 31) Preparation for work applications in training facilities for citizens with altered skills means such preparation under the employment rules. 32)
(3) The study of higher education as referred to in paragraph 1 shall also be considered to be a comprehensive part of the higher education and post-graduate study of graduates of higher education. 33) For the purposes of this Act, training in special schools is also considered to be secondary school studies.
§ 22
(1) The continuous preparation of the child for the future occupation of a secondary school in accordance with § 21 (a) begins not earlier than the beginning of the first year of the school. If a pupil has started to perform his or her duties before that date, his or her continuous preparation for the future occupation shall begin on the day on which he or she began to perform those duties.
(2) The continuous preparation of a child for a future high school occupation is also considered to be
(a) the period from completion of teaching in one school year to the beginning of the following school year if the child continues without interruption in further studies;
(b) the period from the successful completion of the final or final examination, if the examination is held in May or June, to the end of the school teaching period of the school year, 34) in which such examination was carried out; This also applies if discharge was carried out in May or June,
(c) the period of school holidays immediately following the completion of the studies or the period referred to in (b), provided that the child does not pursue a gainful activity for the entire calendar month to the extent referred to in paragraph 27 nor does he receive physical security for applicants for employment, unless he has become a university student; This is not the case if the last year of study was during the period of military basic (replacement) service or the duration of the service of persons referred to in § 5 (1) (b).
§ 23
(1) The continuous preparation of a child for a future profession at a university in accordance with Paragraph 21 (a) shall begin at the earliest on the day on which the child becomes a university student and end on the day on which the child completed his or her university studies.
(2) The continuous preparation of a child for a future occupation shall also be considered as:
(a) the period from the end of the secondary school to the date on which the child became a university student if the child continues without interruption in further studies;
(b) the calendar month in which the child completed his or her studies at the university, and the calendar month following the calendar month in which the child completed his or her studies at the university, provided that the child does not carry out any gainful activity throughout that month to the extent referred to in Article 27, nor does he or she receive the physical security of the jobseekers;
(c) the period from completion of a university to the date on which the child became a student of the same or other university, provided that the study at the same or other university immediately follows the completion of a university, but no more than three calendar months following the calendar month in which the child completed his studies at the university; This applies mutatis mutandis if the studies referred to in Paragraph 21 (3) are carried out.
§ 24
Close persons
For the purposes of this Act, spouses, relatives in a series of direct relatives, children referred to in § 20 (1), siblings, son-in-law and daughter-in-law, shall be considered to be close.
§ 25
Injury at work and occupational disease
(1) For the purposes of this Act, an accident at work shall mean an accident suffered by an insured person in an activity involving an insurance participation and which is considered to be an occupational or occupational accident under the labour law or regulations governing the employment conditions in force at the time of the creation of full or partial invalidity as a result of that accident. An accident at work which the insured person has suffered in preparation for the defence of the Czech Republic or an insured person who is not a professional soldier or a soldier in another service shall also be regarded as an accident at work, (5) in the performance of service in the Army of the Czech Republic or an insured person in the course of a civil service as instructed by or directly related to the civil service; This applies mutatis mutandis to diseases arising from the performance of these services.
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Regulation Information

CitationFull text of Act No. 233 / 1998 Coll., Act on Pension Insurance (full text as seen from later amendments and additions)
Regulation TypeDeclared full text
Author-
CollectionCode of Laws
Date of Promulgation09.10.1998
Effective from-
Effective until-
Status Valid
Legal Areas: Social security law Old age insurance, Old age pension
The regulation text is for informational purposes only.

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