Act No. 274 / 2013 Coll.
Act amending Act No. 155 / 1995 Coll., on Pension Insurance, as amended, and Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended
Valid
Law
Effective from 01.12.2013
Text versions:
01.12.2013
10.09.2013
274
THE LAW
of 22 August 2013
amending Act No. 155 / 1995 Coll., on Pension Insurance, as amended, and Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Pension Insurance Act
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. Above § 106a, the title "Comparative allowance to certain citizens of the Czech and Slovak old-age pensions" is inserted.
2. Paragraph 106a reads:
(1) The right to the top-up allowance is granted to an insured person who has received an old-age pension from Czech insurance (the "Czech old-age pension") if:
(a) has received a minimum of 25 years of Czechoslovak insurance period before 1 January 1993, for which he was granted an old-age pension from Slovak pension insurance after 31 December 1992 ("Slovak old-age pension"); in this Act, the periods of employment and replacement periods completed before 1 January 1993 under Czechoslovak legislation and the Czechoslovak period of insurance shall be counted to the extent that they are counted according to the legislation of the Czech Republic effective on the date on which the Czech old-age pension was granted,
(b) has received at least 1 year of insurance under the legislation of the Czech Republic between 1 January 1993 and 31 December 1995; for the purpose of fulfilling this condition, replacement periods shall not be included in the insurance period;
(c) the Czech old-age pension and the Slovak old-age pension are paid on the date on which the insured person applies for a supplement; and
(d) the amount of the top-up allowance shall have a positive value on the date on which the insured person applies for it.
(2) The amount of the top-up allowance shall be set at the rate of the difference between the amount of the old-age pension that the insured person would have been entitled to if the periods of insurance completed after 31 December 1992 under the legislation of the Czech Republic had been added to the Czechoslovak period of insurance (the "hypothetical amount of the old-age pension ') and the sum of the Czech old-age pension paid and the Slovak old-age pension converted into Czech currency. If one of these old-age pensions is paid at a lower rate because of the coexistence of entitlement to another pension or because of a gainful activity, or because of another reason provided for by law, the amount of the old-age pension which would have been due shall be used to determine the amount of the top-up allowance if the old-age pension had not been reduced for these reasons. In the conversion of the paid Slovak old-age pension into the Czech currency according to the first sentence of the first sentence, the Czech koruna rate against the euro declared by the Czech National Bank for the first day of the calendar month to which the top-up allowance is granted shall be used.
(3) The hypothetical amount of the old-age pension is fixed on the date on which the Czech old-age pension was awarded. If the top-up allowance is granted from a later date than the day on which the Czech old-age pension is granted, the hypothetical amount of the old-age pension shall be increased in accordance with the legislation governing the increase in pensions from the date on which the Czech old-age pension is granted to the date on which the top-up allowance is granted. "
3. The following Sections 106b and 106c are inserted after Section 106a:
(1) The amount of the top-up allowance shall be fixed at 31 January of each calendar year; This does not apply if the top-up allowance has been granted from a date falling within the period from 1 January to 31 January of the same calendar year. The new amount of the top-up allowance shall be based on the amount of the Czech old-age pension paid and on the amount of the Slovak old-age pension paid on 31 January of the calendar year and on the hypothetical amount of the old-age pension determined in accordance with § 106a (2) and (3) and adjusted in accordance with the legislation on pension increases in the period from the date on which the top-up allowance was granted until 31 January of the calendar year; Paragraph 106a (2) of the second sentence applies mutatis mutandis. The new amount of the matching allowance shall be paid from the payment of the Czech old-age pension due in April of the calendar year in which the new amount of the matching allowance is fixed to the payment of the Czech old-age pension due in March of the following calendar year. The Czech koruna against the euro declared by the Czech National Bank for the first January of the calendar year in which the new amount of the top-up allowance is fixed shall be used when converting the Slovak old-age pension into Czech currency.
(2) If the change in the amount of the old-age pension paid or the amount of the old-age pension paid to the Czech currency would not have a positive value, the right to payment of the top-up allowance shall cease to exist from the repayment of the Czech old-age pension due in April of the calendar year for the period until the payment of that pension due in March of the following calendar year. Where entitlement to payment of the top-up allowance has ceased to exist in accordance with the sentence of the first sentence in the period 3 of the immediately following calendar years, entitlement to the top-up allowance shall expire on 31 January of the last of those calendar years.
(3) If the top-up allowance is not paid because the Czech old-age pension or the Slovak old-age pension is not paid (§ 106c (1)), the amount of the top-up allowance shall be determined from the date of renewal of the Czech old-age pension or Slovak old-age pension. The new amount of the top-up allowance is based on the amount of the Czech old-age pension paid and on the amount of the Slovak old-age pension paid on the date of the renewal of the Czech old-age pension or Slovak old-age pension, and on the hypothetical amount of the old-age pension provided for under § 106a (2) and (3), increased for any other gainful activity carried out without receiving the Czech old-age pension (§ 34 (2) and adjusted under the legislation on the increase of pensions in the period from the date of the grant of the supplement until the date of the renewal of the Czech old-age pension; Paragraph 106a (2) of the second sentence applies mutatis mutandis. In the conversion of the paid Slovak old-age pension into the Czech currency for the purpose of determining the new amount of the top-up allowance, the Czech krone rate against the euro declared by the Czech National Bank for the first day of the calendar month in which the new amount of the top-up allowance is fixed shall be used.
(1) The compensatory allowance is paid only if the Czech old-age pension and Slovak old-age pension are payable.
(2) If the Czech old-age pension is paid at half in accordance with § 37 (1) or half in accordance with § 59, the top-up allowance is paid at half.
(3) The supplement is paid together with the Czech old-age pension and in the same way as this pension.
(4) For the purposes of paragraphs 58 and 59 and for the purposes of other legislation, the top-up allowance is seen as being part of an old-age pension.
(5) Paragraphs 54, 55, 56 (1), 62 and 63 apply mutatis mutandis to the top-up allowance. "
Transitional provisions
1. Entitlement to the top-up allowance shall be established at the earliest on the date of entry into force of this Act, even if the conditions laid down for entitlement to the top-up allowance have been fulfilled before that date.
2. The measures referred to in the second sentence of Article XIII of Act No. 428 / 2011 Coll., amending certain laws in connection with the adoption of the Pension Savings Act and the Supplementary Pension Savings Act, as effective by the date of entry into force of this Act, remain unaffected under the conditions set out in that provision. However, if the top-up allowance would be higher than the service provided under those measures, the top-up allowance shall belong instead and the entitlement to the top-up allowance shall expire on the date on which the top-up allowance was granted.
Amendment of the Act on the organisation and implementation of social security
Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 91 / 2006 / 2006 / No.
the following Part Nine is inserted after Part Eight, including the title and footnote 76:
PROCEEDINGS AND OBLIGATIONS IN MATTERS OF THE COMPETENT ACCESS TO CERTAIN COMPETITITIVES OF THE CZECH AND SLOVAK STAROBIC PENSION
(1) The supplementary allowance due under the Pension Insurance Act (76) is decided by the social security authorities which pay the old-age pension with which the supplementary allowance is to be paid. those authorities are also responsible for the payment of the top-up allowance.
(2) The matching allowance is granted on the basis of an application lodged with the social security authority responsible for granting the matching allowance. If the Czech Social Security Administration is responsible for deciding on the top-up allowance, the application for a top-up allowance may also be lodged with any district social security administration; The district social security administration is obliged to forward this request to the Czech Social Security Administration without delay. Where an application for a top-up allowance is rejected only on the grounds that the top-up allowance would not have a positive value on the date on which it is requested, a new application for a top-up allowance may be lodged only if the new application is as the date from which the top-up allowance is to be granted on 31 January of a calendar year following the calendar year in which the day from which the award of the top-up allowance was requested in the previous application; the new application may be submitted no more than twice. Where a new application submitted in accordance with the third sentence indicates a day other than that referred to in the third sentence, or where the third and subsequent submission of such an application are made, the social security authority shall suspend the procedure for that application.
(3) Save as otherwise provided for in paragraphs 1 and 2, the provisions relating to the management of pension insurance matters shall apply mutatis mutandis to proceedings relating to the top-up allowance. The provisions on administrative proceedings in pension insurance matters shall apply mutatis mutandis to the supplementary allowance.
(4) The Minister for Labour and Social Affairs and, in their field of competence, the Ministers referred to in Article 9 (3) may remove the hardness that would arise in implementing the provisions of Sections 106a to 106c of the Pension Insurance Act; Paragraph 106 applies mutatis mutandis.
(1) The beneficiary of the top-up allowance shall communicate and demonstrate to the payer the top-up allowance at his call for the amount of the old-age pension paid from Slovak pension insurance on the date on which the new level of the top-up allowance is fixed under Section 106b of the Pension Insurance Act. In the event of failure to comply with this obligation within the time limit set by the payer for the top-up allowance, the payment of the top-up allowance shall be stopped if the beneficiary of the top-up allowance has been notified of this consequence; If that obligation is met retrospectively, the top-up allowance shall be paid from the date on which its payment is due. If this obligation is not fulfilled within 3 years of 31 January of the calendar year in which the top-up allowance was last paid, entitlement to top-up allowance shall cease on 31 January of the last of those calendar years.
(2) Paragraphs 50, 51 (1) and 53 (1) and (3) apply mutatis mutandis where the obligations of the beneficiary of the top-up allowance and the submission of the top-up allowance.
If the top-up allowance has been paid and the conditions for its payment laid down in Paragraph 106c (1) of the Pension Insurance Act have not been met, the payer shall be entitled to reimbursement of the amounts paid which were not due; Paragraph 118a (3) and (4) shall apply mutatis mutandis.
76) Sections 106a to 106c of Act No. 155 / 1995 Coll., as amended. '
The current part nine is renumbered as part ten.
EFFECTIVE
This Law shall take effect on the first day of the third calendar month following its publication.
Germany
Zeman v. r.
Rusnok v. r.
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Regulation Information
| Citation | Act No. 274 / 2013 Coll., amending Act No. 155 / 1995 Coll., on Pension Insurance, as amended, and Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.09.2013 |
|---|---|
| Effective from | 01.12.2013 |
| 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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