Act No. 289 / 1997 Coll.
Act amending and supplementing Act No. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 134 / 1997 Coll., Act No. 1 / 1991 Coll., on Employment, as amended, Act No. 463 / 1991 Coll., on Life Minimum, as amended, and Act No. 114 / 1988 Coll., on Social Security Bodies of the Czech Socialist Republic, as amended
Valid
Law
Effective from 02.12.1997
289
THE LAW
of 12 November 1997
amending and supplementing Act No. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 134 / 1997 Coll., Act No. 1 / 1991 Coll., on Employment, as amended, Act No. 463 / 1991 Coll., on Life Minimum, as amended, and Act No. 114 / 1988 Coll., on Social Security Bodies of the Czech Socialist Republic, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 134 / 1997 Coll., is amended as follows:
1. in Article 11 (1) (a), the words "and the duration of participation in the insurance of persons referred to in Article 5 (1) (m) and (n)," shall be deleted;
2. In Article 12 (1), "(o) to (u) 'is replaced by" (m) to (u)';
3. In Article 31 (1) (b), the words "for a period not exceeding 31 December 2000, for a period not exceeding three years, for a period not exceeding four years from 1 January 2001 to 31 December 2006 and for a period not exceeding five years from 31 December 2006 'are replaced by the words" for a maximum of three years'.
4. In Paragraph 34 (1), the following sentence is added at the end: "For the purposes of the previous sentence, replacement periods of insurance shall be counted only to 80%, except for replacement periods of insurance for the period of participation in the insurance of persons referred to in § 5 (1) (p), (r) and (s) and similar periods in accordance with the rules applicable before 1 January 1996; the number of days of the replacement insurance periods determined according to the part of the sentence before the semicolon shall be rounded up to the full day. ';
(5) Paragraph 37 shall be added in paragraph 5:
"(5) The payment of an old-age pension for which entitlement under Paragraph 29 has been established shall be for persons engaged in an occupation on the basis of an employment relationship only if such a relationship has been agreed for a fixed period, if it can be negotiated for that period under special rules; the provisions of paragraph 1 shall be without prejudice. ';
6. in Paragraph 40 (2), point (b) shall be deleted and the designation (a) shall be deleted. At the end of Paragraph 40 (2), the word "or 'is deleted and the comma is replaced by a dot.
7. In Article 40 (3), the words "the period of participation in the insurance of persons referred to in Article 5 (1) (m) and (n), and" shall be replaced by a comma at the end and the following words shall be added: "but first after the end of compulsory education."
8. In the second sentence of Article 41 (2), the following shall be inserted after the words "and third ':" and Article 34 (1), second sentence'.
9. In the first sentence of Paragraph 41 (3), the following is inserted after the words "period of insurance ':" referred to in paragraphs 11 and 13 (1)'.
10. In the third sentence of Article 45 (2), the following shall be inserted after the words "the second sentence ':" the second sentence of Article 34 (1)'.
11. the following sentence shall be added at the end of Paragraph 46 (4): "Paragraph 2 shall be without prejudice."
12. § 67 reads:
(1) The government may increase paid pensions by a regulation until 31 December 1998 if the aggregate index of consumer prices increases by at least 5% from the calendar month immediately preceding the calendar month in which the last increase in those pensions occurred; However, the government shall increase the pension paid by regulation whenever the aggregate consumer price index increases by at least 10% from the calendar month referred to in the part of the sentence before the semicolon. The government will increase the paid pensions by regulation in the period after 31 December 1998 if the aggregate consumer price index increases by at least 5%. The growth condition of this index shall be assessed from the calendar month immediately preceding the calendar month in which the last increase in these pensions occurred.
(2) The increase shall be determined in such a way that the average retirement pension is at least 70% of the increase in the index referred to in paragraph 1. If, in a calendar year, the pensions paid were only increased according to the first sentence or not increased, the pensions payable shall be increased on the first increase following that year, in addition to those paid by the first sentence, taking into account the growth of the real wage. The increase in accordance with the second sentence shall be determined in such a way that, for the average old-age pension, this increase corresponds to at least one third of the increase in real wages for the calendar years preceding the calendar year in which the pensions paid are thus increased, which has not been taken into account since the last increase established under the second sentence.
(3) The increase in real wages referred to in the second and third sentences of paragraph 2 is the proportion of the growth index of the average nominal wage and the index of consumer prices, which shall be determined according to the data for the calendar year preceding the calendar year in which the pensions paid are increased and the calendar year that was last taken into account in the increase referred to in paragraph 2, second and third sentences. The aggregate index of consumer prices and the average nominal wage per calendar year are collected according to data from the Czech Statistical Office. The average old-age pension is collected according to the Czech Social Security Administration's data as the average of all old-age pensions not paid in conjunction with another pension (§ 59) and whose payment was made in the calendar month in which the last pension paid was increased. "
13. In Article 74, the words "until 31 December 2016 'are replaced by the words" until 31 December 2018' and the following sentence is added at the end: "The reduced age limit for entitlement to an old-age pension is considered to be retirement age for the purposes of this Act '.
14. In Paragraph 76 (1), the following sentence is added at the end: "The entitlement to a reduction in the age limit for entitlement to an old-age pension under the first rule shall also be granted to insured persons who have reached 50 years before 31 December 2005 if they fulfil the other conditions laid down in this Regulation. '
15. Article 107 (2) reads as follows:
"(2) The Government may, by regulation, increase the amounts set out in Paragraph 15 if, since the previous determination of these amounts, the pensions paid have been increased by at least 5%; the increase in those amounts shall take place from 1 January. '
Transitional provisions
(1) The pension rights which arose before 1 January 1998 and which had not been definitively decided on by that date and the granting or modification of the amount of those pensions for the period before 1 January 1998, even if they have already been definitively decided on, shall be decided on in accordance with the provisions in force before that date.
(2) If the pension rights incurred between 1 January 1998 and 30 June 1998 and which have not been definitively decided before 1 July 1998 and the grant or change of the amount of those pensions for the period before 1 July 1998, even if they have already been definitively decided on, those entitlements shall be decided on in accordance with the provisions in force during that period.
(3) The conditions for increasing the pension payments (Article I (12)) and for increasing the amounts on which the pension insurance scheme is based pursuant to Article 15 of Act 155 / 1995 Coll., in determining the calculation base (Article I (15)), and the conditions for increasing the life-minimum amounts (Article III (5)), are established from the last increase in those amounts which occurred before the date of application of that law.
(4) If the beneficiary of an old-age pension granted before 1 January 1998 is employed on that date, he shall be subject to the condition for the payment of that pension referred to in Section 37 (5) of Act 155 / 1995 Coll., on pension insurance, as amended by that Act (Article I (5)), and unless, by the date of the preceding payment of the old-age pension due in April 1998, he or she regulates his employment relationship in accordance with that condition, he or she shall not be entitled to pay the old-age pension from that payment. The fact that it does not fulfil the condition for the payment of an old-age pension shall be obliged to notify the old-age pension beneficiary by 31 January 1998; This reporting obligation is also for the employer of the old-age pensioner. The declaration referred to in the second sentence shall not be made if the old-age pension beneficiary terminates the employment relationship during the period preceding the payment of the old-age pension referred to in the first sentence or modifies the employment relationship at that time in accordance with the condition set out in the first sentence.
(5) Entitlements for physical security incurred by jobseekers before 1 January 1998 shall be assessed in accordance with existing rules; However, the amount of material security shall be governed by the provisions of this Law as from 1 January 1998 (Article II).
(6) The procedure referred to in Article IV shall be followed for the rights to the operating allowance of the motor vehicle and the contribution to the insurance premiums arising after 31 December 1997.
Repeal
Article I (39), (61) to (64), (68) and (76) of Act No. 134 / 1997 Coll., amending and supplementing Act No. 155 / 1995 Coll., on Pension Insurance, Act of the Czech National Council No 582 / 1991 Coll., on Organisation and Implementation of Social Security, as amended, and Act No. 87 / 1991 Coll., on Extrajudicial Rehabilitation, as amended.
Efficacy
This Law shall take effect on the day of its publication, with the exception of Articles I (1) to (3), (5) to (7), (11) and (13), Article II and Article V (1), (4) and (5), which shall take effect on 1 January 1998, and Article I (4) and (8) to (10), and Article I (10) respectively. In paragraph 2, which shall take effect on 1 July 1998.
Zeman v. r.
Havel v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 289 / 1997 Coll., amending and supplementing Act No. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 134 / 1997 Coll., Act No. 1 / 1991 Coll., on Employment, as amended, Act No. 463 / 1991 Coll., on Life Minimum, as amended, and Act No. 114 / 1988 Coll., on Social Security Bodies of the Czech Socialist Republic, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.12.1997 |
|---|---|
| Effective from | 02.12.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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