Government Decree No. 363 / 2009 Coll.
Government regulations on the establishment of retirement age and the conversion of old-age pensions of certain miners who began to work before 1993
Valid
Regulation
Effective from 01.07.2010
363
GOVERNMENT REGULATION
of 5 October 2009
determining the retirement age and the conversion of the old-age pensions of certain miners who began to work before 1993
According to § 107 (2) of Act No. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 108 / 2009 Coll. and Act No. 220 / 2011 Coll.:
This Regulation shall apply to persons who:
(a) carry out, before 1 January 1993, working in mining with a permanent place of work under the ground in deep mines, which, according to the regulations in force before that date, was classified as employment in the first working category establishing a right to an old-age pension at the age of at least 55 years (hereinafter referred to as "mining employment");
(b) they have worked at least 3 300 shifts in mining or, where applicable, for mining in uranium mines, 2 200 shifts, or, if the work in mining has ended because of the maximum permissible exposure, they have worked at least 3 081 shifts in mining or, where applicable, 1 981. The number of such worked shifts for the period before 1 January 1993 shall be determined by multiplying the number of calendar days worked in mining by 0,6 and rounded up; for the period after 31 December 1992, any shift in which the person referred to in point (a), for the most part, has been engaged in the work of mining according to a certificate issued in accordance with Article 4, shall be regarded as working; and
(c) have failed to fulfil the conditions laid down in Act No. 100 / 1988 Coll., on Social Security, as amended on 31 December 1995, for the determination of the pension age of 55 years.
For persons referred to in § 1 who:
(a) have failed to meet the conditions for determining the retirement age pursuant to Article 174 of Act No. 100 / 1988 Coll., on Social Security, as amended on 31 December 1995, the pension age shall be determined by deducting from the retirement age provided for in Article 32 of Act No. 155 / 1995 Coll., on Pension Insurance, as effective on 1 January 2010, 5 years,
(b) fulfil the conditions for determining the retirement age pursuant to Article 174 of Act No. 100 / 1988 Coll., on Social Security, as amended on 31 December 1995, the pension age shall be 55 years and 6 months; the age in the last added calendar month of the day corresponding to the date of birth of the insured person shall be considered as the retirement age and, if the month thus determined does not contain such a date, the age shall be deemed to be that of the last day of the last added calendar month.
(1) If the conditions for determining the retirement age referred to in Article 2 have been met before 1 July 2010 and the old-age pension
(a) it has not been granted before that date, the retirement age is determined in accordance with Article 2 and, for the determination of the percentage rate of that pension, Article 76a of the Pension Insurance Act applies mutatis mutandis;
(b) has been awarded before that date, it shall be calculated again at the request of the percentage rate of the old-age pension as if the retirement age had been determined in accordance with Article 2 and, when the percentage rate of that pension is increased, shall be treated mutatis mutandis in accordance with Article LXVII (1) of Act No 264 / 2006 Coll., amending certain laws in connection with the adoption of the Labour Code; the old-age pension will be increased at the earliest from the pension payment due after 30 June 2010.
(2) If the conditions for determining the retirement age laid down in Article 2 have been fulfilled after 30 June 2010, the pension scheme of Section 76a of the Pension Insurance Act will apply mutatis mutandis.
Employers who have been employed after 31 December 1992 by persons employed in the mining industry confirm the number of shifts worked under the land in the mining industry at the request of those persons on a form issued by the Czech Social Security Administration.
This Regulation shall enter into force on 1 July 2010.
Prime Minister:
Ing. Fischer, CSc.
Minister for Labour and Social Affairs:
JUDr. Šimerka v. r.
1) Articles 14 (2) (a) and 21 (1) (a) of Act No. 100 / 1988 Coll., on Social Security, as amended by Act No. 235 / 1992 Coll.
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Regulation Information
| Citation | Government Decree No 363 / 2009 Coll., on determining the retirement age and the conversion of the old-age pensions of certain miners who began to work before 1993 |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.10.2009 |
|---|---|
| Effective from | 01.07.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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