Act No. 259 / 2017 Coll.
Act amending Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended, and other related laws
Valid
Law
Effective from 01.02.2018
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259
THE LAW
of 20 July 2017
amending Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Social Security Insurance Act and contribution to the State Employment Policy
Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 15 / 2004, Act No. 15 / 2004, Act No. 5 / 2004, Act No. 15 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 15 / 2004, Act No. 15 / 2004, Act No. 15 / 2004, Act No. 15 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 100 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 15 / 2004, Act No. 15 / 2004, Act No. 15 / 2004, Act No. 5 / 2004, Act No. 15 / 2004, Act No. 100, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5, Act No. 2004, Act No. 2004, Act No. 2004, Act No. 100, Act No. 2004, Act No. 2004, Act No. 2006, Act No. 2004, Act No. 2006, Act No. 2004, Act No. 2006, Act No. 2006, Act No. 2006, No. 2006, No.
1. In Paragraph 1, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) This law applies to legal relationships which are not covered by the directly applicable European Union law in the field of insurance 76).
76) For example, Regulation (EC) No 883 / 2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, Regulation (EC) No 987 / 2009 of the European Parliament and of the Council of 16 September 2009 laying down detailed rules for the application of Regulation (EC) No 883 / 2004 on the coordination of social security systems and Regulation (EC) No 1231 / 2010 of the European Parliament and of the Council of 24 November 2010 extending the scope of Regulation (EC) No 883 / 2004 and of Regulation (EC) No 987 / 2009 to third-country nationals not covered by these Regulations solely by their nationality. "
2. In the first sentence of Paragraph 5b (1), the words "which are, or would be, subject to taxation in the Czech Republic, subject to tax on the income of natural persons under the Income Tax Act," shall be inserted after the words "pursuant to Sections 5 and 23 of the Income Tax Act."
3. in Article 5b (2) (a) to (c), "paragraph 6" is replaced by "paragraph 5."
4. In Article 5b (3), the fourth sentence is replaced by the following: "The maximum monthly base established in accordance with the third sentence shall apply from the month following the month in which the summary referred to in Article 15 (1) was submitted for the preceding calendar year until the month in the following calendar year in which that summary was or should have been submitted; where, according to this summary submitted in the following calendar year, the maximum monthly base is higher than the current maximum monthly base, the maximum monthly base according to this summary shall apply as from the month in which that summary was submitted. ';
5. In Article 5b (3), the following sentence is inserted after the fourth sentence: "If the summary referred to in Article 15 (1) has been submitted late, the monthly basis for the month following the month in which the summary was to be submitted shall be set at twice the amount applicable under the sickness insurance rules for the participation of employees in sickness insurance."
6. In the seventh sentence of Paragraph 5b (3), the words "preceding the calendar month in which it was' are replaced by the words" in which it was or should have been '.
7. In Article 5b (3), after the seventh sentence, the sentence "In addition to the sickness insurance premiums referred to in Article 14c (5), sickness insurance shall be determined on a monthly basis equal to twice the amount applicable under the sickness insurance rules for the participation of workers in sickness insurance."
8. In the last sentence of Paragraph 5b (3), the words "preceding the calendar month 'shall be deleted and the words" or should have been' shall be inserted after the words "submitted '.
9. In Article 5c, the sentence "However, this assessment basis may not be higher than half of the average salary in force in the calendar month in which the foreign employee's participation in sickness insurance was incurred in the following 3 calendar months. 'is added at the end of paragraph 2.
10. in Article 7 (1) (c) (1), "Article 5 (1) and (2)" is replaced by "Article 5b (1) and (2)."
11. in Paragraph 9 (1), the words "1 to 20." shall be replaced by the words "1 to 20."
12. in Article 13a (1) (a), the words "the calendar month preceding the calendar month in which the revenue and expenditure referred to in Article 15 (1) per calendar year was or should have been presented" shall be replaced by the words "the December calendar year."
13. in Article 13a (1) (b), the words "for the calendar month in which" shall be replaced by "for the calendar month following the calendar month in which" and "before the calendar month," shall be deleted;
14. In Article 13a, the words "and for the calendar month preceding the calendar month in which it gave an overview of the revenue and expenditure referred to in Article 15 (1) for a calendar year for which it did not have any participation in pension insurance under Article 10 (2) and (3) of the Pension Insurance Act 'shall be added at the end of the text of paragraph 3.
15. in Article 13a (6), "paragraphs 9 and 10" are replaced by "paragraphs 10 and 11."
16. in Article 13a (8), the words "throughout the month" shall be replaced by the words "at least for the part of the month in which the self-employed activity was pursued," and the words "or, where appropriate, if the self-employed activity was not pursued throughout the calendar month, if that fact is maintained at the same time for the part of the calendar month in which the self-employed activity was pursued" shall be deleted.
17. in Paragraph 14 (2):
"(2) For a self-employed person who has been self-employed in the previous calendar year, the monthly assessment basis shall be 50% of the amount equal to the average of the tax base referred to in Paragraph 5b (1) for that year for one calendar month in which the self-employed activity has been carried out for at least part of that month. ';
18. Paragraph 14 (3) is deleted.
Paragraphs 4 to 11 shall be renumbered paragraphs 3 to 10.
19. in Article 14 (3), the word "least" shall be deleted;
20. In Paragraph 14 (4), the words "preceding the calendar month 'are deleted.
21. in the third sentence of Article 14 (5), the words "preceding the calendar month," shall be deleted;
22. In Paragraph 14, the following paragraphs 6 and 7 are inserted after paragraph 5:
"(6) For the calendar month following the month in which the summary referred to in Article 15 (1) has been or should have been submitted, the advance on premiums corresponding to the monthly assessment basis established in accordance with paragraphs 2 to 5 shall be valid until the calendar month in which the summary was or should have been submitted in the following calendar year. Where, according to this summary, the monthly basis of assessment is lower than the current monthly basis of assessment, the lower monthly basis of assessment according to this summary shall be valid for the calendar month in which this summary was submitted.
(7) At the request of a self-employed person who carries out a secondary self-employed activity, the competent district social security administration may decide that the self-employed person is not obliged to pay advances in respect of the period referred to in paragraph 4 if, as a result of a fall in income provided for by paragraph 4 mutatis mutandis, the self-employed person would not have been involved in the pension insurance scheme provided for in Article 10 (2) and (3) of the Pension Insurance Act. ';
Paragraphs 6 to 10 shall be renumbered paragraphs 8 to 12.
23. in Paragraph 14 (9), "minimum" is deleted and "paragraphs 2, 4 to 6" is replaced by "paragraphs 2 to 5."
24. in Paragraph 14a (1):
"(1) The advance on the premium per calendar month shall be payable from the first day to the last day of the calendar month for which the advance on the premium is paid. The advance on the premium for the calendar month in which the self-employed person began the self-employed activity shall be payable from the date on which the self-employed person began the self-employed activity until the end of the following calendar month. The advance on the premium for the calendar month in which the self-employed person has applied to participate in the pension scheme provided for in Section 10 (4) of the Pension Insurance Act shall be payable from the date on which the self-employed person applied for that participation until the end of the following calendar month. If a self-employed person commences self-employment in December or applies to participate in pension insurance in December, he shall not be obliged to pay the premium advance for that month. '
25. In Paragraph 14a (2), the second sentence is replaced by the sentence "The sum of the advances paid under the first sentence cannot, however, be lower than the sum of the advances on premiums calculated from the monthly assessment bases set out in paragraphs 14 (2) to (5) for the period for which future premiums are paid."
26. in Paragraph 14a (2), the third sentence is deleted;
27. In Article 14a, the words "and where the self-employed person has requested, by the end of the calendar year at the latest, the reimbursement of the amounts paid as advance on premiums exceeding the minimum amount of advance payments on premiums fixed in accordance with the second sentence 'shall be added at the end of the text of paragraph 2.
28. in Article 14c (1), first sentence, the text "paragraph 7" is replaced by "paragraph 8" and the second sentence is deleted;
29. in Article 14c (2), the first sentence is replaced by the following: "Insurance against sickness insurance for a calendar month shall be payable from the first day to the last day of the calendar month for which sickness insurance is payable. Insurance against sickness insurance for the calendar month in which the self-employed person began self-employment shall be payable from the date on which the self-employed person began self-employment until the end of the following calendar month. '
30. In Paragraph 14c (3), first sentence, the words "paragraph 1, first sentence 'are replaced by the words" paragraph 2, first and second sentences' and the words "second 'are replaced by the words" last'.
31. in Paragraph 14c, the following paragraphs 4 and 5 are inserted after paragraph 3:
"(4) Where sickness insurance premiums have been paid in accordance with paragraph 2, the sentence of the last of the higher monthly bases than the maximum assessment basis in each calendar month, the amount of sickness insurance premiums shall be reduced retrospectively for those calendar months in order to correspond to the maximum assessment base established in accordance with the third sentence of Article 5b (3); the amount of this reduction shall be considered as a premium for sickness insurance. Where a self-employed person has paid sickness insurance premiums for the calendar month for which he has applied for to take part in sickness insurance and for the following calendar month by one or more payments, that sickness insurance premium shall be allocated to those months in equal proportion to the proportion of the payment for the calendar month for which the self-employed person has applied for to participate in sickness insurance, at least equal to the minimum monthly base for that calendar month.
(5) Where a self-employed person has not paid sickness insurance premiums within the period of maturity referred to in paragraph 2, but has paid sickness insurance premiums by the end of the calendar month following the calendar month for which the sickness insurance is payable, that supplement shall be deemed to have been paid for sickness insurance premiums paid for the preceding calendar month. The premium shall be paid on sickness insurance premiums and, in the absence of such premium, sickness insurance premiums paid up to the end of the calendar month following the calendar month for which the self-employed person has not paid the sickness insurance premiums at the specified amount or within the maturity period referred to in paragraph 2. ';
Paragraph 4 shall become paragraph 6.
32. in the first sentence of Paragraph 14c (6), the words "or paragraph 4" shall be inserted after the words "paragraph 2" and the words "be paid" shall be inserted after the words "be paid," or the words "have been paid for calendar months for which no payment is due,"
33. In Paragraph 14c (6), at the end of the text of the first sentence, the words "the excess of the sickness insurance premium shall be the part of the sickness insurance premium which has been paid out of a higher amount than the maximum monthly base established in accordance with Paragraph 5b (3) of the third sentence or which has been paid in excess of the amount to be paid in the future in accordance with paragraph 2 of the last sentence" and the second sentence shall be deleted.
34. in Article 15a (7), the words "preceding the calendar month," shall be deleted and the words "if the obligation to pay advances on premiums is maintained at the end of the text of the paragraph" shall be added;
35. in Article 16a (1), the second sentence is replaced by the following: "Insurance against sickness insurance is payable from the first day to the last day of the calendar month for which sickness insurance is paid. Insurance against sickness insurance for the calendar month in which the foreign employee has applied for participation in sickness insurance shall be payable from the date on which the foreign employee has applied for participation in sickness insurance until the end of the following calendar month. ';
36. in Article 16a (1), fifth sentence, "second" is replaced by "last" and "third" is replaced by "fourth."
37. In Article 17, at the end of paragraph 1, the sentence "If the excess premium is due to the additional determination of jurisdiction in another State under the directly applicable European Union law, the period referred to in the first sentence shall not apply; the excess premium for a period longer than that specified in the first sentence shall be refunded to the employer if he has shown that he has paid back the premium under the legislation of that other State. ';
38. In the second sentence of Article 17 (2), the words "if he has requested payment of this interest on the premium payer or his successor in title 'shall be inserted after the word" expired'.
39. in Paragraph 17 (4):
"(4) If the sickness insurance premium has been overpaid, the competent district social security administration shall repay the excess to the self-employed person unless there is another payable obligation towards the district social security administration or the Czech Social Security Administration, no later than the end of February of the calendar year following the calendar year in which the excess was incurred. The sickness insurance premium shall be refunded after a reduction of twice the sickness insurance premiums, calculated on the basis of twice the amount applicable under the sickness insurance rules for the participation of workers in sickness insurance, if the participation of the self-employed person persists. The first sentence of paragraph 1 and paragraph 2 of the first, third and fourth sentences of paragraph 2 shall not apply to the refund of the excess insurance premiums. ';
40. In Article 17, paragraphs 5 and 6 are added:
"(5) The excess charge of less than CZK 100 will be returned by the district social security administration only in exceptional cases to ensure the principle of economy.
(6) In the event of repayment of the overpayment in cash through the holder of the postal licence, the costs of service of the beneficiary of the overpayment shall be borne by the payee if the payee has requested such reimbursement. ';
41. In Paragraph 18, the words "and during the execution of the execution by the executive body 'shall be added at the end of the text of paragraph 2.
42. In Paragraph 19, the dot is replaced by a comma at the end of paragraph 2 and the following point (c) is added:
"(c) in the case of execution by a court executor, the date on which the insurance is credited to the account of the court executor with the money institution.";
43. In the third sentence of Paragraph 20 (1), "8 'is replaced by" 9'.
45. in Article 20 (5) (f) and (g):
"(f) for the period from the date of the opening of insolvency proceedings to the date of the legal authority of the court to which insolvency proceedings cease, except where the court has decided to terminate insolvency proceedings under Paragraph 142 of the insolvency law,
(g) for the period from the date on which the claim for insurance under Paragraph 18 was barred, "
footnote 45 is deleted;
46. in Article 20 (5), point (i) is deleted;
47. in the last sentence of Paragraph 20a (1), "(e) to (g)" shall be replaced by "(f) and (h)";
48. in Paragraph 20a (2), the text "paragraph 10" is replaced by "paragraph 11."
49. in Article 20a (6), the following point (b) is inserted after point (a):
"(b) amend the authorisation to pay premiums due and periodic penalty payments in instalments where there is a reduction in the debt which has been authorised in instalments;"
Point (b) shall be renumbered (c).
50. in Paragraph 22a, the following paragraph 6 is added:
"(6) Where a self-employed person has paid in a calendar month of a calendar year an advance on premiums from a monthly assessment basis higher than the monthly assessment basis established in accordance with Article 14 (2) to (5), the part of the advance payment calculated as the difference between that higher monthly assessment basis and the monthly assessment basis established in accordance with Article 14 (2) to (5) shall be used first to cover the payable commitments referred to in paragraph 2 and then to cover future premiums but not later than the end of the calendar year. ';
51. In Article 25, the following paragraph 8 is added:
"(8) Special procedures laid down by the Government may be used for the purpose of concealing the activities of the intelligence services of the Czech Republic, the Police of the Czech Republic, the Customs Administration of the Czech Republic and the General Inspection of Security Corps and ensuring the safety of their members in the performance of the tasks provided for by this Act. These special procedures may be used:
(a) members of the intelligence service of the Czech Republic, the Police of the Czech Republic, the Customs Administration of the Czech Republic, the General Inspection of Security Corps and the Fire Department of the Czech Republic,
b) Intelligence services of the Czech Republic, Police of the Czech Republic, Customs Administration of the Czech Republic, General Inspection of Security Corps and Fire Department of the Czech Republic,
(c) social security bodies. "
Transitional provisions
1. Social security premiums and the contribution to national employment policy shall be fixed for the period prior to the date referred to in Article X (a) under Act No. 589 / 1992 Coll., as effective before the date referred to in Article X (a).
2. The advance on pension insurance premiums and the contribution to the national employment policy (hereinafter referred to as "advance") paid in January of the calendar year referred to in Article X (a) shall be considered as an advance for this month. The advance paid between 21 and 31 December of the calendar year immediately preceding the calendar year referred to in Article X (a) shall be deemed to have been paid for December of that calendar year. The advance debt arising during the calendar months preceding 1 January of the calendar year referred to in Article X (a) shall expire on that date.
Amendment of the Act on the organisation and implementation of social security
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. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 13 / 2006, Act No. 13 / 2006, Act No. 31 / 2006, Act No. 31 / 2004, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No 2011, Act No. 31 / 2006, Act No. 31 / 2006, Act No 2011, Act No. 31 / 2006, Act No. 13, Act No 2011, Act No 2006, Act No 2006, Act No. 31 / 2006, No 2006, Act No 2011, No 2011, No 2006, No 2006, No 2011, No, No 2006, No 2006, No 2011, No 2006, p.
2. in § 5 (e), § 11 (1), (3) and (4), § 11b (1), § 14 (2), § 16c (1) and (2) (o) and in § 115a (1), the words "European Communities" are replaced by the words "European Union."
4. In Article 6 (4) (o), the words "and transactions' are replaced by", transactions'.
5. In Article 6 (4), at the end of the text of point (o), the words "and the fulfilment of the obligations laid down in the implementation of social security to health service providers' shall be added.
7. In Article 11 (1), the words ", health insurance companies, 73c) health service providers, 33) as well as employers' are replaced by the words" and natural and legal persons' and the words ", health insurance companies, 73c) health services providers 33) and employers are required 'are replaced by the words" and natural and legal persons are obliged'.
footnotes 33 and 73c are deleted.
8. In Paragraph 11a (1) of the Introductory Part of the provision, the words "for the performance of the provision 'are replaced by the words" and other social security authorities for the exercise of their provisions'.
9. in Article 11a (3), the words "and the date of acquisition and disposal of citizenship" shall be added at the end of the text in point (f).
10. in Article 11a (3) (j):
"(j) the particulars referred to in points (a), (b) and (e) with the father, the mother, or any other legal representative or guardian, and the child, including the adopted child, ';
11. in Article 11a (3), the words "and registered partnerships" shall be added at the end of the text of point (k);
12. in Article 11a (3) (l):
"(l) the particulars referred to in points (a), (b) and (e) for the spouse and registered partner, including in the case of the spouse or registered partner who died,";
13. in Article 11a (3), point (m) is deleted;
Points (n) to (q) shall be renumbered as points (m) to (p).
14. in Article 11a (4) (l):
"(l) the particulars referred to in points (a), (b) and (e) for the spouse and registered partner, including in the case of the spouse or registered partner who died,";
15. in the second sentence of Article 14 (1) and in the second sentence of Article 122, the words "or service" shall be inserted after the word "relationship."
16. In Article 14 (3), the words "and, from when and whether a citizen is a beneficiary of a pension benefit or has ceased to be a pensioner or whether and when he is a third-degree invalid or has ceased to be a third-degree invalidity 'shall be added at the end of the text of point (c).
17. in Article 14 (3) (d):
"(d) the Office of Labour of the Czech Republic - regional branches and branches for the capital city of Prague, the information necessary for the performance of their tasks, provided that the scope of the information required and the purpose for which the information is requested is defined in the request; the data are provided in electronic form in a way that allows remote access, where this is the way in which the data are provided in the technical capacity of the social security authority; ';
18. in Article 14 (3) (i) and (j):
"(i) to the Ministry the data necessary for the performance of the tasks under its responsibility, including the information on individual citizens and their health status, provided that the scope of the information required and the purpose for which the information is requested is defined in the request; the data are provided in electronic form in a way that allows remote access, provided that this means of data provision is in the technical capacity of the social security authority;
(j) to the municipal authorities providing social services and implementing social work activities and regional authorities, information on the type, amount and date of the pension benefits paid by them to applicants for social services, the beneficiaries of those services and persons jointly assessed with those applicants or beneficiaries, to the extent necessary for the performance of their tasks, ';
19. In Paragraph 14 (6), the words "and the benefit paid is the amount subject to enforcement 'are replaced by" the amount of the benefit'.
20. In Article 16, the sentence "Health service providers shall send the supporting documents referred to in paragraph 1 (b) on the prescribed forms shall be added at the end of paragraph 3. ';
22. in Article 16c (2) (c), the words "date of death" are replaced by the words "date, place and district of death."
23. in Article 16c (2), the following point (f) is inserted after point (e):
"(f) the family status and the date of its amendment;"
Points (f) to (v) shall be renumbered as points (g) to (w).
24. in Article 16c (2), at the end of the text in point (g), the words "and the dates on which citizenship is acquired and disposed of" shall be added.
25. in Article 16c (2) (v), the words "date and place of birth" shall be inserted after the words "number";
27. in Paragraph 39a, paragraph 2 is deleted;
Paragraphs 3 to 7 shall be renumbered paragraphs 2 to 6.
28. in § 39a (4), first sentence and in § 39a (6), "3 and 4" is replaced by "2 and 3."
29. In the first sentence of Paragraph 39a (4), the words "until 30 September of the calendar year following the calendar year in which those persons were involved in the pension scheme and for which they paid the pension insurance contributions and the contribution to the state employment policy or pension insurance contributions' are deleted.
30. in Paragraph 39a (5), the words "paragraphs 1 and 2" are replaced by the words "paragraphs 1."
31. in Article 50 (3), the words "if the benefit is referred to him in the bank account" shall be deleted.
32. In Article 53, at the end of paragraph 3, the sentence "The pension payment shall be released as soon as these obligations are fulfilled."
33. in the second sentence of Paragraph 83 (1), the text "paragraph 4" is replaced by "paragraph 5."
34. in Article 83 (3) and in the first sentence of Article 86 (5), "paragraph 8" is replaced by "paragraph 7."
35. in the second sentence of Paragraph 85 (2), the words "but no later than two years after the end of the care referred to in Article 6 (4) (a) (11) and (12)" shall be deleted.
36. In Paragraph 85, the words "when applying for a pension 'shall be added at the end of paragraph 3.
37. in Article 85a (2), the words "or a change in provision or above" shall be inserted after the word "return."
38. In Paragraph 85a, the following paragraph 3 is added:
"(3) A single file for each individual natural person may be kept in proceedings concerning pension insurance, even if there are several matters relating to that person. '
39. in Paragraph 88 (5), "paragraphs 2 and 5" is replaced by "paragraph 6";
40. in Paragraph 104h (1), the words "judicial 34) or" including footnote 34 shall be deleted;
41. in Article 104i (1), the words' and periodic penalty payments' shall be replaced by ', periodic penalty payments or fines' and the words' or periodic penalty payments' shall be replaced by ', periodic penalty payments or fines';
42. In the second sentence of Paragraph 104i (4), "real estate 'is replaced by" real estate'.
43. In Paragraph 104i, at the end of paragraph 7, the sentence "The termination of the lien for reasons laid down by the Civil Code shall be notified by the district social security administration of the payer of the premium and the owner of the lien."
44. Paragraph 107a (3) is deleted.
45. in Paragraph 115a, the following paragraph 1 is added:
"(1) The pension supplement or part thereof may be used for payment
(a) the excess pension, if the same recipient of the pension is responsible for it or the same type of pension;
(b) an overpayment which arose from the retirement of a deceased creditor to whom the supplement would have been due; or
(c) an insurance or periodic penalty payment, if it is the debt of a self-employed person to which the supplement would be due. "
Paragraphs 1 and 2 shall become paragraphs 2 and 3.
46. In Paragraph 115a, at the end of paragraph 3, the sentence "The first and second sentences shall also be followed if the excess payment to the sickness is due to a retroactive increase in the invalidity pension due to an increase in the degree of invalidity. '
47. in Paragraph 115a, the following paragraph 4 is added:
"(4) If the pension is not fully paid in the event of termination of the pension entitlement or of payment of the pension, those amounts may be paid by deductions from the pension paid by way of settlement under Paragraph 56 (4) of the Pension Insurance Act. ';
48. Paragraph 116 (3) reads as follows:
"(3) Pension insurance benefits are paid to a beneficiary who is not normally resident in the Czech Republic (Section 66 (2) of the Pension Insurance Act) on the basis of a certificate of living
(a) an account held with a foreign bank or a bank in the Czech Republic or a branch of a foreign bank or a savings and credit cooperative in the Czech Republic, retroactively for the period from the date of the entitlement to payment of the benefit or from the day following the last day for which the last instalment of the benefit was paid until the end of the calendar month in which the certificate of living was issued; a certificate of living shall be sent to the authorised payee of the benefit no more than once per calendar month; or
(b) a bank check or an international postal order to an address authorised abroad for a period not exceeding 3 calendar months; a certificate of living shall be sent once a year to the authorised payer of the benefit. ';
49. In Section 116, paragraphs 4 and 5 are added:
"(4) If the social security authority of the Czech Republic and the competent social security authority of another State in which the creditor referred to in paragraph 3 is normally present were agreed on the method of verifying the existence of a legitimate person who is entitled to regular exchange of the necessary data in electronic form, the pension benefit shall be paid back within the monthly periods specified by the payee; a certificate of living shall be sent once a year to the authorised payer of the benefit.
(5) If the certificate of living is not sent in the cases referred to in paragraph 3 (b) and paragraph 4, the payment of the levy shall be suspended until the certificate of living is sent to the payee of the levy. The third sentence of paragraph 2 shall apply mutatis mutandis to the payment of benefits to the beneficiary referred to in paragraph 3. ';
50. In Article 116c, the words "social care institutions with annual residence 'are replaced by the words" social services establishments providing accommodation services in homes for disabled persons, homes for elderly persons, homes for special schemes and weekly residents'; the words "these institutes' are replaced by the words" these establishments'; the words "the institution 'are replaced by the words" the establishment'; and the word "the Institute 'is replaced by the words" the establishment'.
51. At the end of Paragraph 116c, the sentences "Pension benefits paid under the first sentence shall be payable on the 15th day of the calendar month. The method of payment according to the first sentence may not be used if the beneficiary of the pension benefit is not entitled or his guardian. The establishment shall be obliged to return to the social security authority within 8 days of the payment of the benefit which has been paid to that establishment in accordance with the first sentence, provided that such payment of the benefit to the beneficiary is no longer due to his death or that the beneficiary has ceased his residence in the establishment before the beginning of the period for which the payment of the benefit is due; the establishment must not otherwise use such instalments of the levy. ';
52. In Paragraph 116d (4), the words "according to civil law 34a)" are replaced by the words "regardless of their fault under civil law 83)."
footnote 83 is replaced by the following:
"83) § 2895 of the Civil Code. '.
footnote 34a is deleted.
53. The following Section 117a is inserted after Section 117:
Stopping and releasing a levy
(1) The payment of the pension benefit may be suspended if the beneficiary of the pension has failed to fulfil the obligation under Paragraph 50 (3). The decision to stop payment of the benefit under the first sentence shall be served by a public order; in the proceedings for cessation of payment of the benefit, the guardian shall not be appointed.
(2) Where the pension benefit is paid in cash, the payment of the benefit may be stopped if the beneficiary of the benefit has not received 3 successive instalments of the benefit; the cessation of payment of the benefit shall be notified without delay by the recipient of the benefit by a written notification containing also information on the conditions for the release of the levy.
(3) The payment of the pension benefit which has been stopped in accordance with paragraph 1 or 2 shall be released on the basis of a written request from the beneficiary or from another beneficiary of the benefit if the reason for the cessation of payment of the benefit has been waived; Paragraph 55 (2) of the Pension Insurance Act is without prejudice to this. Where a levy has been released, a written decision shall not be taken; on the release of the payment of the levy, the beneficiary or beneficiary of the benefit shall receive a written notification. ';
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Regulation Information
| Citation | Act No. 259 / 2017 Coll., amending Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended, and other related laws |
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| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.08.2017 |
|---|---|
| Effective from | 01.02.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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