Act No. 281 / 2004 Coll.

Act amending Act No. 362 / 2003 Coll., amending the laws relating to the adoption of the Law on the Service Ratio of Members of the Security Corps, Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended, and certain other laws

Valid Effective from 07.05.2004
281
THE LAW
of 14 April 2004
amending Act No. 362 / 2003 Coll., amending the laws relating to the adoption of the Law on the Service Ratio of Members of the Security Corps, Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Act on the amendment of the laws related to the adoption of the Act on the service relationship of members of the Security Corps
Čl. I
In Act No. 362 / 2003 Coll., on the amendment of the laws relating to the adoption of the Act on the service relationship of members of the Security Corps, as amended by Act No. 186 / 2004 Coll., Article XVI is deleted.

ČÁST DRUHÁ

Amendment of the Act on the organisation and implementation of social security
Čl. II
Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended by Act No. 590 / 1992 Coll., Act No. 37 / 1993 Coll., Act No. 160 / 1993 Coll., Act No. 308 / 1993 Coll., Act No. 241 / 1994 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 134 / 1997 Coll., Act No. 220 / 1997 Coll., Act No. 238 / 2000 Coll., Act No. 93 / 1998 Coll., Act No. 135 / 1999 Coll., Act No. 133 / 1999 Coll., Act No. 155 / 1999 Coll., Act No. 118.
1. in Paragraph 18 (1), point (i) is deleted;
Points (j) to (u) shall be renumbered (i) to (t).
2. Paragraph 36 (l) is deleted.
Points (m) to (aa) shall be renumbered as points (l) to (z).
3. In Article 38 (1), "(f) to (o), (r), (t), (v) to (x), (z) and (aa) 'is replaced by" (f) to (n), (q), (s), (u) to (w), (y) and (z)';
4. In Paragraph 42, the second sentence is deleted.
5. in Article 48 (1) (e), the words "or full invalidity pension" shall be replaced by the words "full invalidity or partial invalidity pension, parental allowance."
6. In Article 49 (5), the words "paragraph 1 'shall be inserted after the words" paragraph 29'.
7. In Paragraph 82 (2) (c), "(i) to (o), (r) to (t), (v), (x), (z) and (aa) 'is replaced by" (i) to (n), (q) to (s), (u), (w), (y) and (z)';
Čl. III
Transitional provision
Until the date of entry into force of Act No. 361 / 2003 Coll., on the service relationship of members of the Security Corps, sickness and pension insurance is carried out by the Director of the Security Information Service according to the current regulations.

ČÁST ČTVRTÁ

Amendment to the Pension Insurance Act
Čl. V
Act No. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 134 / 1997 Coll., Act No. 289 / 1997 Coll., Act No. 224 / 1999 Coll., Act No. 18 / 2000 Coll., Act No. 118 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 220 / 2000 Coll., Act No. 116 / 2001 Coll., Act No. 188 / 2001 Coll., Act No. 353 / 2001 Coll., Act No. 198 / 2002 Coll., Act No. 85 / 2004 Coll., Act No. 263 / 2002 Coll., Act No. 362 / 2003 Coll., Act No. 424 / 2003 Coll., Act No. 425 / 2003 Coll., Act No. 85 / 2004 Coll., is amended as follows:
1. in Paragraph 9 (6) (b):
"(b) have been entitled to a partial invalidity or full invalidity pension or to an old-age pension,"
2. in Article 9 (6) (c), including footnotes 15b and 15c, the following shall be added:
"(c) she has been entitled to parental education15b) or to an allowance in the care of a loved one or another, 15c)
15b) § 30 of Act No. 117 / 1995 Coll., on State Social Support, as amended.
15c) § 80 of Act No. 100 / 1988 Coll., on Social Security, as amended. '
3. In Article 16 (3), in the part of the second sentence after the semicolon, the words "to the fourth shall apply for the period after 30 June 2002 'shall be replaced by the words" and, if they shall be for the period after 30 June 2002, also the third and fourth sentences, shall apply here'.
4. In Article 16 (4), in the part of the first sentence after the semicolon, the words' after the age of 18 'are inserted after the words' study periods'.
5. In Article 16 (6), the words "(Article 10 (1)) 'are deleted.
6. In Paragraph 27, the words "and (v) 'shall be inserted after the words" to (l)'.
Čl. VI
Transitional provisions
1. A self-employed person who was entitled to a parental allowance or partial invalidity pension before the date of application of this Act shall be considered to have been self-employed in the period prior to the date of application of this Act, but not earlier than 1 January 2004, provided that the receipt of such benefits is made on the 2004 self-employed income and expenditure account.
(2) The advance on pension insurance and the contribution to the State Employment Policy (hereinafter referred to as the "advance") paid in 2004 before the date of application of this Act, or was paid at a higher rate, only because a self-employed person who was entitled to a parental or partial disability pension was considered to have paid advances as a self-employed person engaged in the main self-employed activity, shall be considered to be an excess of the pension and national employment policy allowance; the excess shall be refunded upon written request.
3. Where a self-employed person who was entitled to a parental allowance or partial invalidity pension before the date of application of this law has not paid an advance which he was obliged to pay before that date as a self-employed person engaged in the main self-employed activity or, where appropriate, paid that advance at a lower amount than he should have paid, the amounts not paid shall not be considered as debt; the periodic penalty payments resulting from this debt are forgiven.

ČÁST PÁTÁ

Amendment of the Social Security Insurance Act and contribution to the State Employment Policy
Čl. VII
Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended by Act No. 10 / 1993 Coll., Act No. 160 / 1993 Coll., Act No. 307 / 1993 Coll., Act No. 42 / 1994 Coll., Act No. 241 / 1994 Coll., Act No. 59 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 149 / 1995 Coll., Act No. 160 / 2002 Coll., Act No. 113 / 1997 Coll., Act No. 134 / 1997 Coll., Act No. 220 / 2000 Coll., Act No. 238 / 2000 Coll., Act No. 40 / 2000 Coll., Act No. 118 / 2000 Coll., Act No. 132 / 2000 Coll.
1. in Article 13a (1) (b), the words "have been compulsory in the pension scheme" shall be replaced by the words "have obtained income from self-employment after deduction of expenditure incurred in achieving, securing and maintaining the pension scheme," the words "such compulsory participation" shall be replaced by the words "receive income after deduction of expenditure of that amount," and the words "have been self-employed in the pension scheme" shall be replaced by the words "self-employed person has achieved income after deduction of expenditure of the amount of pension participation."
2. in Article 13a (8), point (c) is replaced by the dot and point (d) is deleted;
3. In the first sentence of Paragraph 13a (9), the words "and documented 'shall be inserted after the words" done'.
4. At the end of paragraph 9, the sentence "Proof of the old-age or full disability pension is not required if the pension has been awarded by the Czech Social Security Administration."
5. In Paragraph 15 (1), the third dot is replaced by a comma at the end of the sentence and the words "and at the latest with this summary; the provisions of Paragraph 13a (9) of the third sentence shall apply mutatis mutandis. ';

ČÁST ŠESTÁ

Amendment to the Act on the Office of the President of the Republic
Čl. VIII
In Article 4 of Act No. 114 / 1993 Coll., on the Office of the President of the Republic, paragraphs 3 and 4, including footnote 2a, are added:
"(3) The salary and remuneration for the staff on call of the Office shall be governed by special legislation2a) and by the Office's Rules of Procedure.
(4) The Office's pay schedule is issued by the Head of the Office after the President's approval.
2a) Act No. 143 / 1992 Coll., on the salary and remuneration of on-call duty in Budget and in certain other organisations and bodies, as amended. '

ČÁST SEDMÁ

EFFECTIVE
Čl. IX
This Law shall take effect on the day of its publication, except for Part Six, which shall take effect on the first day of the second calendar month following that of its publication.
Zaoralek v. r.
Klaus v. r.
Spindles v. r.

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Regulation Information

CitationAct No. 281 / 2004 Coll., amending Act No. 362 / 2003 Coll., on the amendment of laws related to the adoption of the Act on the Service Ratio of Members of the Security Corps, Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended, and certain other laws
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation07.05.2004
Effective from07.05.2004
Effective until-
Status Valid
The regulation text is for informational purposes only.
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