Act No. 28 / 2024 Coll.
Act amending Act No. 262 / 2011 Coll., on participants in the resistance and resistance to communism, as amended, Act No. 155 / 1995 Coll., on Pension Insurance, as amended, and Act No. 357 / 2005 Coll., on the award of participants in the national struggle for the creation and liberation of Czechoslovakia and certain survivors of them, on the special contribution to the pension of certain persons, on the lump sum of certain participants in the national struggle for liberation between 1939 and 1945 and on the amendment of certain laws, as amended
Valid
Law
Effective from 01.03.2024
Text versions:
01.03.2024
13.02.2024
28
THE LAW
of 24 January 2024
amending Act No. 262 / 2011 Coll., on participants in the resistance and resistance to communism, as amended, Act No. 155 / 1995 Coll., on Pension Insurance, as amended, and Act No. 357 / 2005 Coll., on the award of participants in the national struggle for the creation and liberation of Czechoslovakia and of some survivors after them, on a special contribution to the pension of certain persons, on a lump sum of some of the participants in the national struggle for liberation between 1939 and 1945 and amending certain laws, as amended
Parliament has decided on this law of the Czech Republic:
AMENDMENT OF THE LAW ON PARTICIPATION AND REPLY TO THE COMMISSION
Act No. 262 / 2011 Coll., on participants in resistance and resistance to communism, as amended by Act No. 250 / 2014 Coll., Act No. 318 / 2015 Coll., Act No. 195 / 2016 Coll., Act No. 261 / 2021 Coll. and Act No. 412 / 2023 Coll., is amended as follows:
1. In Article 6, the following paragraph 8 is added:
"(8) The Ministry shall inform the pension payers of the participants in the resistance and resistance to communism required for the adjustment of pensions pursuant to Section 8, no later than 30 days after the date of issue of the certificate of the participant in the resistance and resistance to communism. '
2. In Section 8, the following paragraph 1 is added:
"(1) In the case of participants in the resistance and resistance to communism who have been certified to do so, the condition to obtain the necessary period of pension insurance shall be deemed to have reached retirement age. In the event of entitlement to an old-age pension from the Slovak Republic, the first sentence shall not apply; the date on which the entitlement to the pension ceases to exist, in accordance with the first sentence. ';
Paragraphs 1 to 4 shall be renumbered paragraphs 2 to 5.
3. In Paragraph 8 (2), "3 'is replaced by" 4'.
4. In Paragraph 8 (3), the first words "in paragraph 1 'are replaced by" in paragraphs 1 and 2' and the number "2012 'is replaced by" 2024' and in the sentence "in the second sentence, '2011' is replaced by" 2023 '.
5. in § 8 (4) (a) to (d), "2" is replaced by "3."
6. In Paragraph 8 (4), the semicolon is replaced by a dot at the end of point (d) and the final part of the provision is deleted.
7. Paragraph 8 (5) reads as follows:
"(5) The lowest pension rate laid down in paragraphs 3 and 4 shall also apply in the case of pensions which have been calculated according to European Union law or international agreement according to the ratio of pension periods earned in the Czech Republic to the total pension periods obtained; the basic amount of the pension is due in full. ';
Transitional provisions
1. The income of the resistance and resistance to communism, the amount of which has been determined in accordance with Article 8 of Act No. 262 / 2011 Coll., as effective before the date of entry into force of this Act, shall, from the date of entry into force of this Act, be equal to the amount determined in accordance with § 8 of the Act No. 262 / 2011 Coll., as effective from the date of entry into force of the Act. Pensions shall be adjusted according to the first sentence without application from the payment of the pension due in the fourth calendar month following the calendar month in which that law was declared, with a one-off supplement being due for the period from the date of entry into force of this Law until the date of the previous instalment; Paragraph 63 (2) to (4) of Act No. 155 / 1995 Coll., as effective from the date of entry into force of this Act, applies mutatis mutandis to this supplement.
2. Pensions awarded to opponents and resistance to communism before the date of entry into force of this Act, the amount of which has not been determined in accordance with Article 8 of Act No. 262 / 2011 Coll., as effective before the date of entry into force of this Act, and does not amount to the amount fixed in accordance with Article 8 of Act No. 262 / 2011 Coll., as effective from the date of entry into force of the Act, as from the date of entry into force of the Act, as determined in accordance with Article 8 of Law No. 262 / 2011 Coll. Pensions shall be adjusted according to the first sentence without application from the payment of the pension due in the fourth calendar month following the calendar month in which that law was declared, with a one-off supplement being due for the period from the date of entry into force of this Law until the date of the previous instalment; Paragraph 63 (2) to (4) of Act No. 155 / 1995 Coll., as effective from the date of entry into force of this Act, applies mutatis mutandis to this supplement.
3. The widower's and widower's pensions granted before the date of entry into force of this Act to widows and widower's members of the resistance and resistance to communism shall be adjusted mutatis mutandis in accordance with paragraphs 1 and 2.
4. The claims for pension adjustment of members of the resistance and resistance to communism which arose before the date of entry into force of this Act shall be decided in accordance with Act No. 262 / 2011 Coll., as effective before the date of entry into force of this Act.
5. The Ministry of Defence shall, within 30 days of the date of entry into force of this Act, forward to all pension payers in electronic form a list of persons who were issued a certificate of resistance and resistance to communism prior to the date of entry into force of this Act pursuant to Article 6 of Act No. 262 / 2011 Coll., as effective before the date of entry into force of this Act.
AMENDMENT OF THE PENSION INSURANCE LAW
Act No. 5 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15, Act No. 15 / 2011, Act No. 15, Act No. 15 / 2011, Act No. 15 / 2011, Act No 2011, Act No 2011, No 2011, Act No 2011, No 2011, No 2011, No 2011, No. 15, No 2011, No 2011, No 2011, No. 15, No. 15 / 2011.
In determining the amounts referred to in § 67e (3), second and third sentences and § 67f (2) and (3), the provisions of § 8 (2) and (3) of Act No. 262 / 2011, Coll., on participants in the resistance and resistance to communism, as amended on 1 January 2024, shall be followed. ';
AMENDMENT OF THE LAW ON THE VALUATION OF THE PARTICIPANTS OF THE NATIONAL BODIES FOR EXEMPTIONS AND EXEMPTIONS OF THE CZECH REPUBLIC AND CERTAIN RESIDENTS AFTER THEM, THE SPECIFIC CONTRIBUTION TO PENSION OF CERTAIN PERSONS, THE INDIVIDUAL MONEY PARTY OF CERTAIN NATIONAL FIGHTING PARTY FOR EXEMPTIONS IN YEARS 1939 TO 1945
In Part One of Act No 357 / 2005 Coll., on the award of participants in the national struggle for the creation and liberation of Czechoslovakia and certain survivors of them, on the special contribution to the pension of certain persons, on the lump sum of certain participants in the national struggle for exemption between 1939 and 1945 and on the amendment of certain laws, as amended by Act No. 261 / 2007 Coll., Act No. 306 / 2008 Coll., Act No. 108 / 2009 Coll., Act No. 220 / 2011 Coll., Act No. 458 / 2011 Coll., Act No. 212 / 2016 Coll., Act No. 71 / 2023 Coll., and Act No. 412 / 2023 Coll., the title of the fourth, including the title reads:
Arrangements for pensions of participants in the national exemption fight
Participants in the National Liberation Fight which has been issued a certificate of participation in the National Liberation Fight pursuant to § 8 of Act No. 255 / 1946 Coll., on the members of the Czechoslovak Army abroad and on certain other participants in the National Liberation Fight, whether or not they are citizens of the Czech Republic, shall be entitled to determine the percentage rate of the old-age pension, mutatis mutandis, pursuant to § 8 (2) to (5) of Act No. 262 / 2011 Coll., on the participants in the Resistance and Resistance to Communism, as amended by Act No. 28 / 2024 Coll. "
Transitional provision
The income of the participants in the national exemption fight shall be adjusted at the request of the date of entry into force of this Act to the amount fixed pursuant to Article 16a of Act No. 357 / 2005 Coll., as effective from the date of entry into force of this Act.
EFFECTIVE
That law shall take effect on the first day of the calendar month following its publication.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 28 / 2024 Coll., amending Act No. 262 / 2011 Coll., on participants in the resistance and resistance to communism, as amended, Act No. 155 / 1995 Coll., on pension insurance, as amended, and Act No. 357 / 2005 Coll., on the award of participants in the national struggle for the creation and liberation of Czechoslovakia and certain survivors of them, on the special contribution to the pension of certain persons, on the lump sum of certain participants in the national struggle for liberation between 1939 and 1945 and on the amendment of certain laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.02.2024 |
|---|---|
| Effective from | 01.03.2024 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 614
The regulation text is for informational purposes only.
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