Act No. 270 / 2023 Coll.
Act amending Act No. 155 / 1995 Coll., on Pension Insurance, as amended
Valid
Law
Effective from 01.10.2023
270
THE LAW
of 23 August 2023
amending Act No. 155 / 1995 Coll., on Pension Insurance, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 1 / 2011, Act No. 1 / 2011, Act No. 1 / 2011, Act No. 1 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 15, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 13, Act No. 5, Act No. 15, Act No. 15 / 2011, Act No. 2011, Act No. 5, Act No. 2011, Act No. 2011, Act No. 5, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 15, Act No. 2011, Act No. 15 / 2011, Act No.
1. 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 Article 29 (1) or Article 29 (3) (a) and until he reaches retirement age from the date on which the old-age pension is granted, no more than 3 years. '
2. In Article 31 (1), the words "established pursuant to § 29 (1) or § 29 (3) (a) 'are replaced by the words" 40 years' and at the end of the paragraph, the sentence "Until the insurance period required to qualify for an old-age pension under the preceding sentence, the replacement periods of insurance shall be counted to the extent specified in § 29 (5) 'is added.
3. In the second sentence of Paragraph 34a (2), the words "the percentage by which the percentage of the old-age pension paid is increased pursuant to § 67 (8) or (9) 'are replaced by the words" the number of percentages determined under § 67 (6) of the first sentence or under § 67 (7)'.
4. In Paragraph 34a (2), the third sentence is deleted.
5. Paragraph 36 (1) reads as follows:
"(1) The amount of the percentage of the old-age pension to which the pension is entitled pursuant to Paragraph 31 shall be determined in accordance with Paragraph 34 (1), which shall be reduced for every 90 calendar days from the date on which the old-age pension is granted by 1,5% of the basis of calculation. However, the amount of the percentage area after this reduction shall not be less than that referred to in the third sentence of Paragraph 33 (2). ';
6. In Paragraph 67 (2), the words "where an increase occurs (hereinafter referred to as the" regular term ')' are deleted.
7. Paragraph 67 (3) reads:
"(3) The period for the survey of price increases shall be such that the first month of that period shall be July of the calendar year preceding the calendar year in which the day from which the pensions paid are increased in accordance with paragraph 2 falls, and the last month of that period shall be June of the calendar year preceding the calendar year in which the pensions paid are increased in accordance with paragraph 2. ';
8. Paragraph 67 (4) and (5) are deleted.
Paragraphs 6 to 16 shall be renumbered paragraphs 4 to 14.
9. In the last sentence of Paragraph 67 (4), the words "from the original basic aggregate indices of consumer prices (cost of living) for households in total and" and words "shall be deleted, using the higher price increase '.
10. In the first sentence of Paragraph 67 (6), the words' when raising pensions on a regular basis' are deleted, the number '6' is replaced by '4' and the word 'half' is replaced by 'one third'.
11. In Paragraph 67 (6), the sentence "If the percentage rates of pensions paid have been increased in the previous calendar year in accordance with Section 67a, the number of percentages determined according to the first sentence shall be reduced by as many percent as the percentage rates of the previous calendar year in accordance with Section 67a."
12. In the last sentence of Paragraph 67 (6), "7 'is replaced by" 5' and the words "and the second 'are added at the end of the sentence.
13. In Paragraph 67 (7), the first figure "8 'is replaced by" 6' and in the last sentence, the words "in the regular term 'are deleted and the words" even in the exceptional term' are replaced by the words "under Paragraph 67a '.
14. Paragraph 67 (8) is deleted.
Paragraphs 9 to 14 shall be renumbered paragraphs 8 to 13.
15. in Paragraph 67 (9), the words "pursuant to paragraph 4" shall be deleted;
16. In the second sentence of Paragraph 67 (10), "14 'is replaced by" 11'.
17. in Paragraph 67 (12):
"(12) The percentage of old-age pensions to which entitlement has been established under Paragraph 31 shall not be increased if the beneficiary of that pension has not reached retirement age in the period prior to the calendar month in which the date from which the pensions paid are increased. ';
18. In Paragraph 67, the following paragraph 13 is inserted after paragraph 12:
"(13) Where the total increase in the basic amount of the pension and the increase in the percentage rate of the pension for all pensions paid to the same beneficiary is less than the amount of the temporary allowance provided for in Paragraph 67aa, which has been paid with the payment of the pension due in the calendar month preceding the calendar month in which the date from which the pensions paid are increased in accordance with paragraph 2 is increased from the payment of the pension due in January of the calendar year in which the increase takes place. ';
Paragraph 13 shall become paragraph 14.
19. Paragraph 67 (14) reads:
"(14) The increase in pensions shall be laid down in the implementing legislation by 30 September of the calendar year preceding the calendar year in which the date of the increase in pensions falls. ';
20. § 67a reads:
(1) Where price increases have reached at least 5% during the period laid down in paragraph 2, the percentage rates of pensions paid shall be increased. Price increases shall be established in accordance with Paragraph 67 (4).
(2) The period for determining price increases shall be determined by establishing the first month of that period in accordance with Paragraph 67 (3) and the last month of that period in which the price increase was at least 5%, but not later than the last month determined in accordance with Paragraph 67 (3).
(3) The percentage rates of pensions paid shall be increased from the payment of the pension due in July of the calendar year, provided that price increases have reached at least 5% in the period laid down in paragraph 2 no later than February; If the calendar month in which the price increase is at least 5% is March to June, the percentage rates of pensions paid shall be increased from the pension payment due in the fifth calendar month following that calendar month.
(4) The percentage rates of pensions paid shall be increased by so many percent, rounded up to one decimal place, to 30% of the price increase for the average old-age pension. The average retirement pension is determined in accordance with Paragraph 67 (9).
(5) The increase in the percentage rate of pension is rounded up to the whole crown.
(6) The increase in the percentage rates of pensions shall also belong to the pensions awarded in the calendar year in which the calendar month referred to in paragraph 3 falls.
(7) In accordance with paragraphs 1 to 6, the percentage of old-age pensions to which entitlement has been established under Paragraph 31 shall not be increased if the beneficiary of that pension has not reached retirement age in the period before 1 January of the calendar year in which the pensions paid are increased in accordance with paragraphs 1 to 6.
(8) The increase in pensions shall be provided for in the implementing legislation within 30 days of the last day of the calendar month in which the price increase was at least 5%. '
21. The following Sections 67aa and 67ab are inserted after Section 67a:
(1) If the percentage rates of pensions paid under Section 67a have been increased in the calendar year, the temporary allowance shall be payable in that calendar year at the earliest from the calendar month in which the pensions paid under Section 67a (3) are increased.
(2) The temporary allowance is fixed at a uniform amount corresponding to the increase in the average retirement pension provided for in Section 67a (4). The amount of the temporary allowance shall be rounded up to the whole crown.
(3) If the conditions for entitlement to the payment of more than one pension are met, there is a temporary allowance for the full pension (Paragraph 4 (2), first sentence).
(4) The temporary allowance also belongs to pensions awarded in the calendar year in which the calendar month referred to in Section 67a (3) falls. The temporary allowance also belongs to the old-age pensions to which the entitlement under Paragraph 31 has been established, even if the percentage of the old-age pension under Section 67a (7) does not increase.
(5) The temporary allowance shall be paid without application, together with the pension, in the same way as the pension is paid. The temporary allowance shall be paid for the first time with the payment of the pension due in the calendar month in which the pensions paid are increased in accordance with Paragraph 67a (3) or (6) and the last time with the payment of the pension due in December of the calendar year in which the temporary allowance is due.
(6) For the purposes of Section 55, § 56 (1), § 58 to 61, § 62 and 63, and for the purposes of other legislation, it is regarded as forming part of the basic pension statement.
(7) The amount of the temporary addition shall be laid down in the implementing legislation within 30 days of the last day of the calendar month in which the price increase referred to in Article 67a (1) and (2) has reached at least 5%.
(1) The percentage of the pension paid is increased by:
(a) 1 000 CZK per month from the payment of the pension due in the calendar month in which the beneficiary of the pension reached the age of 85 years;
(b) CZK 2,000 per month from the date on which the pensioner reached the age of 100 years.
(2) If the conditions for entitlement to multiple pensions are met, the percentage rate of the old-age pension shall be increased in accordance with paragraph 1. If the pensioner reaches the age of 85 years in the calendar month in which the pension increases pursuant to § 67 or 67a, the increase referred to in paragraph 1 (a) shall be the percentage rate increased pursuant to § 67 or 67a. '
22. in the third sentence of Article 67e (3) and in the third sentence of Article 67f (4), the words "within an exceptional time limit" shall be replaced by the words "under Article 67a";
23. in Paragraph 107 (1) (e), "16" is replaced by "14."
24. In Paragraph 108, the dot is replaced by a comma at the end of paragraph 1 and the following point (d) is added:
"(d) the increase in pensions under Section 67a (8) and the amount of the temporary allowance under Section 67aa (7)."
Transitional provisions
1. The pension rights arising before the date of entry into force of this Act and which have not been definitively decided on by that date and the granting, withdrawal or modification of the amount of those pensions for the period before that date, even if they have already been definitively decided on, shall be decided on in accordance with the legislation applicable before that date.
2. If the old-age pension has been granted pursuant to Article 31 of Act No. 155 / 1995 Coll., as effective before the date of entry into force of this Act, and that pension is recalculated pursuant to Article 36 (2) of Act No. 155 / 1995 Coll., as effective from the date of entry into force of this Act, during the period of the gainful activity carried out before the age of retirement, the percentage rate of the old-age pension shall be determined in this recalculation pursuant to Act No. 155 / 1995 Coll., as effective before the date of entry into force of this Act.
3. The percentage rates of pensions granted from the date falling within the period from the date of entry into force of this Act until 31 December 2023 shall be increased in 2023 in accordance with Section 67 (15) of Act No. 155 / 1995 Coll., as effective before the date of entry into force of this Act. The first sentence shall not apply if the old-age pensions awarded under Section 31 of Act No. 155 / 1995 Coll., as effective from the date of entry into force of this Act.
4. In the case of increases in paid pensions from 1 January 2024, the period for determining the growth of the consumer price index shall be determined by establishing that the first month of that period is the calendar month following the last calendar month of the period for determining the growth of the consumer price index used for the previous increase in the percentage rate of pensions and the last month of that period is June 2023. If, pursuant to Article 67 (5) of Act No. 155 / 1995 Coll., as effective before the date of entry into force of this Act, the condition for increasing pensions in an exceptional period in July or August 2023 has been fulfilled, the first month of the period of paid pensions in accordance with § 67 of Act No. 155 / 1995 Coll., as effective from the date of entry into force of this Act, as from 1 January 2024, is the last month of the period of entry into force of this Act, and the first month of that period in September 2023 is the first month of that period in 2024.
5. Paragraphs 67 (12) and 67a (7) of Act No. 155 / 1995 Coll., as effective from the date of entry into force of this Act, shall not apply to pensions awarded before the date of entry into force of this Act.
6. If this Act enters into force after 30 September 2023, the increase in pension payments shall be determined from 1 January 2024 pursuant to Section 67 of Act No. 155 / 1995 Coll., as effective before the date of entry into force of this Act.
Efficacy
That law shall take effect on the first day of the calendar month following its publication, with the exception of Article 5 (1) (a) (ii) thereof. I, point 2, which shall take effect on the first day of the thirteenth calendar month following its publication.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 270 / 2023 Coll., amending Act No. 155 / 1995 Coll., on Pension Insurance, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.09.2023 |
|---|---|
| Effective from | 01.10.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 458
The regulation text is for informational purposes only.
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