Act No. 267 / 2013 Coll.

Act amending Act No. 117 / 1995 Coll., on State Social Support, as amended, and Act No. 155 / 1995 Coll., on Pension Insurance, as amended

Valid Law Effective from 01.09.2013
267
THE LAW
of 21 August 2013
amending Act No. 117 / 1995 Coll., on State Social Support, as amended, and Act No. 155 / 1995 Coll., on Pension Insurance, as amended
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the State Social Support Act
Čl. I
Act No. 1 / 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. 15 / 2004 Coll.
1. In Article 12 (1) (c), the dot at the end is replaced by a comma and the following points (d) to (g) are added:
"(d) study in the Czech Republic, which according to Article 15 is based on its scope and content on study at the schools referred to in (a) and takes place in one-year foreign language courses with daily learning to the extent provided for by the implementing legislation and carried out by legal and natural persons for persons who have successfully passed the first graduation exam or discharge in the conservatory in the calendar year in which they begin this study;
(e) studies carried out under foreign secondary education programmes by educational institutions operating in the Czech Republic where:
1. an educational institution is a legal person having its registered office, central administration or principal place of business in the territory of a Member State of the European Union, or has been established or constituted under the law of a Member State of the European Union, provided that compulsory schooling is permitted by the Ministry of Education, Youth and Sports in that educational institution and in a given training programme under the Education Act (64); or
2. takes place in educational institutions established in the Czech Republic in diplomatic missions or consular offices of foreign states,
(f) preparation for admission as a member of the Order or of a similar community of the Church or of a religious society registered under the Act on Churches and Religious Societies, which shall last for at least 1 year but not more than 2 years;
(g) education in diagnostic classs65).
64) Paragraph 38 (1) (c) of Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended by Act No. 49 / 2009 Coll.
65) Article 11 (1) of Act No. 109 / 2002 Coll., on the performance of constitutional education or protective education in educational establishments and on preventive educational care in educational establishments and amending other laws, as amended. "
2. Article 15 reads:
„§ 15
(1) Educational institutions and persons carrying out studies in accordance with Article 12 (1) (d) (hereinafter referred to as "educational institutions") are listed in the list of educational institutions providing one-year foreign language courses with daily learning (hereinafter referred to as "the list") maintained by the Ministry of Education, Youth and Sports and, in cooperation with the Ministry of Labour and Social Affairs, includes the educational institutions in the list. The list shall include the identification data of the educational institution, the designation of the studies referred to in Article 12 (1) (d), the date of inclusion in the list and the date of expiry of the inclusion. The list shall be published electronically in such a way as to allow remote access.
(2) Entry into the list shall be valid for a period of 3 years from the entry into force of the list decision referred to in paragraph 1, unless the inclusion has expired earlier in accordance with paragraph 6.
(3) The inclusion in the list referred to in paragraph 1 shall in particular assess the content and scope of the studies, the fulfilment of the conditions of professional and educational competence of the persons involved in the training and the fulfilment of the requirements of the application provided for in the implementing legislation.
(4) Educational institutions shall not be included in the list if:
(a) the application has not been accompanied by the documents provided for in the implementing legislation;
(b) the request contains false or incomplete information and has not corrected or completed it within the time limit set;
(c) the conditions for the proper conduct of the studies are not given in terms of personnel or material;
(d) carrying out studies would not comply with the legislation.
(5) The activity of educational institutions shall be controlled, where appropriate, by the authority which included it in the list, in carrying out the studies referred to in Article 12 (1) (d) to the extent specified in paragraph 3.
(6) The institution which has included the educational institution in the list shall exclude it from the list if:
(a) deficiencies of a serious nature will be identified in its activities;
(b) it does not fulfil the conditions under which it was granted a decision;
(c) provide or disclose false, distorted or misleading information about the study;
(d) refuse to comply with the conditions referred to in paragraph 5;
(e) request this in writing.
(7) The Ministry of Education, Youth and Sports, in an agreement with the Ministry of Labour and Social Affairs, lays down the implementing provisions and deadlines for the submission of an application for inclusion in the list, the documents for the application, content, scope and organisation of studies, the conditions of professional and pedagogical competence of persons who will participate in the provision of studies under Section 12 (1) (d), the material technical conditions of the premises in which the study will be completed, the content and manner in which the documentation is kept, the manner and dates of transmission to the Ministry of Education, Youth and Sports. "

ČÁST DRUHÁ

Amendment to the Pension Insurance Act
Čl. II
Act No. 2004 / 2004 Coll., Act No. 54 / 2004 Coll., Act No. 54 / 2004 Coll., Act No. 54 / 2004 Coll., Act No. 54 / 2004 Coll.
1. In Article 21 (1), point (b) is replaced by the following:
"(c) the study of persons with a secondary education with a graduate examination or a higher vocational training in a conservatory who have successfully completed the first graduation or discharge in a conservatory in the calendar year in which they begin this study, in one-year course of foreign languages with daily learning, by legal and physical persons active in the field of language education, as listed in the list of educational institutions providing one-year foreign language courses with daily teaching by the Ministry of Education, Youth and Sports;
(d) studies carried out under foreign secondary education programmes by educational institutions operating in the Czech Republic where:
1. an educational institution is a legal person with its head office, central administration or principal place of business in the territory of a Member State of the European Union, or has been established or constituted under the law of a Member State of the European Union, provided that compulsory education is permitted by the Ministry of Education, Youth and Sports in that educational institution and in a given training programme under the Education Act 38; or
2. takes place in educational institutions established in the Czech Republic in diplomatic missions or consular offices of foreign states,
(e) preparation for admission as a member of the Order or of a similar community of the Church or of a religious society registered under the Act on Churches and Religious Societies, which lasts for at least 1 year, for a maximum period of 2 years;
(f) training in diagnostic classs39).
38) Paragraph 38 (1) (c) of Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended by Act No. 49 / 2009 Coll.
39) Paragraph 11 (1) of Act No. 109 / 2002 Coll., on the performance of constitutional education or protective education in educational establishments and on preventive educational care in educational establishments and amending other laws, as amended. "
2. Paragraph 108 (3) reads as follows:
"(3) The Ministry of Education, Youth and Sports, in an agreement with the Ministry of Labour and Social Affairs, shall lay down the implementing legislation on the details and dates of the submission of the application for inclusion in the list, the documents relating to the application, content, scope and organisation of studies, the conditions of professional and pedagogical competence of persons who will participate in the provision of studies under Section 21 (1) (c), the materially technical conditions of the premises in which the study will be conducted, the conditions for the completion of studies, the content and manner of documentation management, the manner and dates of transmission of the documentation to the Ministry of Education, Youth and Sports."

ČÁST TŘETÍ

TRANSITIONAL PROVISIONS
Čl. III
The study in one-year foreign language courses with daily teaching in accordance with the implementing legislation issued pursuant to Article 15 of Act No. 117 / 1995 Coll., on State Social Support, as amended by 31 August 2012, and pursuant to Article 108 (3) of Act No. 155 / 1995 Coll., on Pension Insurance, as amended by 31 August 2012, and in force on 31 August 2012, starting at the latest in the school year 2013 / 2014, shall be considered as a secondary school study for State Social Support and Pension Insurance.

ČÁST ČTVRTÁ

REPEAL PROVISIONS
Čl. IV
Decree No. 28 / 2012 Coll., on further studies and, where appropriate, teaching which are considered to be secondary school studies for the purposes of state social support and pension insurance, is hereby repealed.

ČÁST PÁTÁ

EFFECTIVE
Čl. V
That law shall take effect on the first day of the calendar month following its publication.
Germany
Zeman v. r.
Rusnok v. r.

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Regulation Information

CitationAct No. 267 / 2013 Coll., amending Act No. 117 / 1995 Coll., on State Social Support, as amended, and Act No. 155 / 1995 Coll., on Pension Insurance, as amended
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation30.08.2013
Effective from01.09.2013
Effective until-
Status Valid
The regulation text is for informational purposes only.
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