Act No. 323 / 2021 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 01.01.2023
323
THE LAW
of 18 August 2021
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. 1 / 2011, Act No. 1 / 2011, 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. 5, Act No. 100, Act No. 5 / 2011, Act No. 5, Act No. 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. 2011, Act No. 2011, Act No. 2011, No No. No. No.
2. In Paragraph 32, the sentence "If a child died after 5 years of age, the condition of raising a child is fulfilled if a woman has personally cared for the child from birth to death. the provisions of the first and second sentences are not affected. ';
3. The following Section 34a is inserted after Section 34:
(1) The amount of the percentage of the old-age pension to which entitlement has been incurred under Paragraph 29 (1), (2) or (3) or under Paragraph 31 is increased on request from the date on which the pension is granted for each child raised by the insured person.
(2) The increase for 1 raised child is 500 CZK per month from 1 January 2023. The amount of the increase for 1 raised child shall be increased from 1 January of the calendar year in such a way that the amount of the increase for 1 raised child valid from 1 January of the previous calendar year shall be increased by as much percentage as the percentage rate of the old-age pension paid in accordance with Article 67 (8) or (9). If, in the previous calendar year, there has been an exceptional increase in pension payments, the number of percentage according to the sentence of the second sentence shall be added to the percentage by which the percentage of the old-age pension paid has increased in accordance with Paragraph 67 (10). The amount of increase for 1 raised child is rounded up to the whole crown.
(3) For the purpose of increasing the percentage rate of the old-age pension referred to in paragraph 1 (hereinafter referred to as the "raise as a raised child '), a child shall be considered to be raised if the conditions of the raising of the child referred to in Article 32 (4) are met; these conditions apply even if the child is personally cared for or cared for by a man. The education of the same child cannot be counted simultaneously for the purpose of increasing the child raised; If the child has been raised by more than one person, the child shall be taken into account only by the person who personally cared for the child to the greatest extent. In raising for a raised child, only the child mentioned in the application for an old-age pension shall be taken into account; If this condition is not met, the increase for a raised child does not apply.
(4) The increase for a raised child shall not apply where the insured person has committed an offence against life and health, freedom and rights of protection, human dignity in the sexual field or against the family and children under the criminal code or similar intentional offences under the legislation in force previously. ';
5. In Paragraph 56, the following paragraph 4 is inserted after paragraph 3:
"(4) If the percentage rate of the old-age pension has been reduced by the amount of the increase for a raised child for failure to provide synergies to determine which person has personally taken care of the child to the greatest extent and if the insured person has to the greatest extent that:
(a) no care shall be taken, the increase for a raised child shall be withdrawn from the date from which the percentage rate of the old-age pension was reduced for that reason;
(b) care, the percentage rate of the old-age pension shall be re-adjusted for the increase in the child raised and the part of the pension which has not been paid shall be paid. ';
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
6.
If it is found that the percentage rate of an old-age pension has been raised unjustly for a raised child, as the child has been cared for to a greater extent by another person, or the child has not been cared for to the extent necessary to satisfy the child's condition, the old-age pension shall be reduced from the day following the day on which the period for which it was already paid has expired. According to the first sentence, the percentage rate of the old-age pension shall be reduced by the amount of the increase for the child raised in force on the date on which the reduction is made. ';
7. The following Section 67c is inserted after Section 67b:
(1) If pensions are increased within the regular period in 2022, the amount of 300 CZK is added to the amount of the percentage rate of pension determined according to § 67.
(2) If the conditions for entitlement to multiple pensions are met, the additional amount of the increase referred to in paragraph 1 shall be the percentage of the pension to be paid in full (first sentence of Paragraph 4 (2)). '
8. in Article 107 (1), the following point (d) is inserted after point (c):
"(d) the amount of the increase per child raised in accordance with Article 34a (2) for the calendar year;"
Points (d) and (e) shall be renumbered as points (e) and (f).
9. in Article 108 (1), point (a) is deleted;
Points (b) to (d) shall be renumbered as points (a) to (c).
Transitional provisions
1. The old-age pension granted from the date before 1 January 2023 shall be increased by CZK 500 per month for each child raised by the insured person, from the payment of the pension due in January 2023, provided that the conditions laid down in points 3 to 5 are met; this increase is part of the percentage rate of the old-age pension.
3. For the purposes of the increase referred to in point 1, the conditions for the raising of the child shall be assessed for all insured persons under the legislation in force on the date on which the old-age pension was granted, unless otherwise specified. these conditions apply even if the child was personally cared for by a man. The education of the same child may not be counted simultaneously for the purposes of the increase referred to in point 1. If the same child was raised by more than one person, the raising of the child shall be taken into account only by the person who personally cared for the child to the greatest extent; This applies even if the same child's education has been taken into account in determining the age of a woman's pension. The increase in the old-age pension referred to in point 1 shall not apply where the insured person has committed an offence against life and health, freedom and rights of protection of personality, human dignity in the sexual field or against the family and children under the Criminal Code or similar intentional offences under the legislation previously in force.
4. If the retirement age has been determined taking into account raised children, the old-age pension referred to in point 1 shall be increased without application; a child who has been raised for the purposes of the increase referred to in point 1 shall be considered to have been taken into account in determining the retirement age. If there is a woman who has been entitled to a pension under Section 61a (1) of Act No. 155 / 1995 Coll., as effective before 1 January 2023, the old-age pension referred to in point 1 shall be increased without application; for the purposes of the increase referred to in point 1, the child of the woman mentioned in the basic registers shall be considered as a raised child. This increase shall not be taken in writing; the recipient of the pension receives a written notice of this increase, stating that the provisions of § 86 (2), second sentence, of Act No. 582 / 1991 Coll., as effective from the date of entry into force of the Act, shall apply mutatis mutandis.
5. In the absence of the case referred to in the first or second sentence of point 4, the old-age pension referred to in point 1 shall be increased on the basis of a written request made on the prescribed form. This application shall include data on raised children and on the time and extent of personal care for the child and a declaration of honour that the person has taken care of the child to the greatest extent and that there is no obstacle to increasing the retirement pension referred to in the last sentence of point 3; data on raised children may be evidenced by the birth certificate of the child or by other evidence of relation to the child. This form shall also contain a lesson on the consequences of the disclosure of false data. The application shall be submitted by 31 December 2024 at the latest in the case of old-age pensions awarded before 1 January 2023; the application may be submitted at the earliest on 1 September 2022, with the application lodged before that date, mutatis mutandis, the provisions of Section 83b (2) of Act No 582 / 1991 Coll., as effective from the date of entry into force of this Act. If the application has not been lodged within the period specified in the fourth sentence, the increase in the old-age pension referred to in point 1 shall not apply. If an application for an old-age pension is submitted after 31 December 2022 from a date falling before 1 January 2023, the old-age pension referred to in point 1 shall only be increased for the raising of the child mentioned by the insured person in the application for an old-age pension, and the second sentence shall apply mutatis mutandis; If this condition is not met, the increase in the old-age pension referred to in point 1 does not apply.
6. If the percentage of the old-age pension is paid in accordance with § 61 (1) of Act No. 155 / 1995 Coll., as effective from the date of entry into force of this Act, the increase for the raised child due under point 1 shall be adjusted accordingly.
7. If the old-age pension has been increased in accordance with point 1 and it has been found that the child who was taken into account in determining the retirement age has been personally cared for to a greater extent by another person who has applied for an increase in the old-age pension under point 1 or under Section 34a of Act No. 155 / 1995 Coll., as effective from the date of entry into force of this Act, because he has raised the same child to the greatest extent, the increase in the old-age pension for a raised child under point 1 does not belong and the old-age pension is reduced; In so doing, the Act No. 155 / 1995 Coll., as effective from the date of entry into force of the Act, shall be applied.
9. The amount of the increase for 1 raised child shall be increased for the first time from 1 January 2024 pursuant to § 34a (2) sentence of the second Act No. 155 / 1995 Coll., as effective from the date of entry into force of this Act.
Amendment of the Act on the organisation and implementation of social security
Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 13 / 2006, Act No. 5 / 2006, Act No. 13 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 5, Act No 2011, Act No. 31 / 2006, Act No. 5, Act No. 13, Act No 2006, Act No. 15 / 2006, Act No. 31 / 2006, Act No 2006, No 2011, No 2011, No 2011, No 2011, No 2006, No 2006, No 2011, No 2011, No 2006, No 2006, No 2011, No 2011, No 2011, No 2011, No 2006, No
1. in Article 6 (4) (a) (14), including footnote 86:
"14. in dispute over which person, for the purpose of increasing the percentage rate of the old-age pension due to the upbringing of the child (86), personally cared for the child to the greatest extent; this dispute arises if, at the request of the insured person, an increase in the rate of the old-age pension for a raised child, which has already been or is to be taken into account in increasing the rate of the old-age pension for another insured person who insists that he has taken care of the child to the greatest extent,
86) § 34a of Act No. 155 / 1995 Coll., as amended. Article II, points 1 and 3 of Act No. 323 / 2021 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. '
2. In Article 7, at the end of paragraph 1, the dot is replaced by a comma and the following point (i) is added:
"(i) the place of permanent residence or, where applicable, the place of residence in the Czech Republic, the person at whose request the dispute referred to in Paragraph 6 (4) (a) (14) has arisen."
3. in Article 16c (2), the following point (w) is inserted after point (v):
"(w) the name, surname, birth number and date of birth of the child considered to be raised, with details of the person to whom the child is considered to be raised, to the extent referred to in points (a) to (c), (e), (f) and (h),";
Point (w) shall be renumbered as point (x).
4. In Article 53, the following paragraph 4 is added:
"(4) In the event of a dispute over which a person has personally taken care of the child for the purpose of increasing the percentage rate of an old-age pension for the purpose of raising the child, the district social security administration shall be entitled to invite the person who has been or is to be or is to be raised the percentage rate of an old-age pension for a raised child to provide the necessary synergies to identify the person personally caring for the child to the greatest extent, in particular to provide the necessary explanations, to show decisive facts or to say that he agrees that he or she has personally cared for the child to the greatest extent; that person shall comply with the call within a specified time limit which shall not be less than 15 days from the date of receipt of the call. If that person does not provide synergies in accordance with the first sentence, the percentage rate of the old-age pension may be reduced by an amount corresponding to the increase in the child's upbringing if the call for this result has been made. ';
5. In Paragraph 83, the following paragraph 4 is inserted after paragraph 3:
"(4) In the application for an old-age pension, the citizen is obliged to state whether he is asking for an increase in the rate of the old-age pension due to the upbringing of the child under Section 34a of the Pension Insurance Act. '
Paragraph 4 shall become paragraph 5.
6. After Paragraph 84, the following Section 84a is inserted:
Demonstration of child education
Raising a child for the purpose of increasing the rate of old-age pension 86) demonstrate by an honorary declaration and birth certificate of the child or any other document relating to the child when writing a pension application. The declaration of honour shall be made on the prescribed form; The declaration of honour shall include the information referred to in Article 85 (4), the declaration that the person has taken care of the child to the greatest extent, and the statement that there has been no obstacle to increasing the percentage rate of retirement pension under Article 34a (4) of the Pension Insurance Act. This form shall also contain a lesson on the consequences of false data. '.
7. In Paragraph 110 (4), at the end of the second sentence, the words "; Paragraph 83 (4) shall apply mutatis mutandis' shall be added.
EFFECTIVE
This Act shall enter into force on 1 January 2023, with the exception of Article II (5), which shall take effect on 1 September 2022, and the provisions of Article II (5). I (7) and Article III (3), which shall take effect on the day following its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 323 / 2021 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 | 08.09.2021 |
|---|---|
| Effective from | 01.01.2023 |
| 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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