Act No. 39 / 1994 Coll.
Law on early provision of old-age pensions and on the amendment of laws on the employment sector
Valid
Effective from 21.03.1994
Contents
39
THE LAW
of 15 February 1994
on early provision of an old-age pension and amending the employment sector laws
Parliament has decided on this law of the Czech Republic:
PREVIOUS PROVISION OF THE OLD-BORDER PENSION
An old-age pension under this law is a pension benefit for which social security rules apply, (1) unless otherwise specified.
A citizen is entitled to an old-age pension under this law if:
(a) has been employed for at least 25 years;
(b) it has been kept continuously for at least 180 calendar days at the employment office after the end of the employment, 2)
(c) on the date of expiry of the period referred to in point (b), until the age required for entitlement to an old-age pension under the Social Security Act (Social Security Act) 3 (hereinafter referred to as "the required age"), he shall be no more than two years short.
In order to determine the amount of the old-age pension under this Act, unless otherwise provided for in Section 5, the basic amount of the old-age pension referred to in Section 22 (1) or Article 133 (1) of the Social Security Act shall be reduced by 1% of the average monthly earnings for each and every 90 calendar days starting from the date on which the old-age pension under this Act is granted until the age required is reached.
(1) An old-age pension under this law is until the age required is reached
(a) does not increase pursuant to Article 23 of the Social Security Act;
(b) does not pay for the period of employment after entitlement to this pension has been acquired.
(2) The employment referred to in paragraph 1 shall mean the employment referred to in Paragraph 98 (3) of the Social Security Act, including such employment abroad.
(1) At the end of the period of employment from the beginning of the period of entitlement to an old-age pension under this Act until the age required is reached, this pension shall be converted at the request of the institution by taking up that period of employment for the purpose of determining the amount of the pension and by reducing that period the period for which the basic rate of pension was reduced in accordance with Section 3. For the conversion of a pension according to the previous sentence, employment shall mean the employment referred to in Paragraph 4 (2) and the period during which the citizen was insured.
(2) The old-age pension under this Act is increased after reaching the required age in accordance with Section 23 of the Social Security Act and is paid during the period of employment under the conditions laid down in Section 98 of the Social Security Act.
An old-age pension under this Act shall not be paid for the period during which the citizen is granted the physical security of the jobseekers.
The application for an old-age pension under this Act must be applied to the prescribed form and supported by a certificate from the Labour Office that the citizen has been kept in the register of applicants for employment for the period referred to in § 2 (b) and, in the event that the citizen has been provided with the physical security of the jobseekers, also the date on which his payment was stopped.
The old-age pension beneficiary under this Act is obliged to declare the entry into employment referred to in Paragraph 4 (2) within eight days of reaching the required age. This obligation applies mutatis mutandis to a citizen's employer.
(1) A citizen to whom an old-age pension has been granted under this Act shall, upon request, be granted an old-age pension under the Social Security Act at the earliest from the date of the age required.
(2) The date on which the old-age pension was granted under the Social Security Act ceases to be entitled to an old-age pension under that Act. The pension granted under the Social Security Act shall be settled with the pension granted under that Act and paid for the period for which the pension is granted under the Social Security Act.
AMENDMENT OF THE EMPLOYMENT SECTIONS
Act No. 1 / 1991 Coll., on Employment, as amended by Act No. 305 / 1991 Coll., Act No. 578 / 1991 Coll. and Act No. 231 / 1992 Coll., is added as follows:
In Article 14 (1) (a), the words "an old-age pension to which entitlement arises before the age required is inserted after the word" exception. "
The Act of the Czech National Council No. 9 / 1991 Coll., on Employment and Jurisdiction of the Bodies of the Czech Republic on Employment, as amended by the Act of the Czech National Council No. 64 / 1991 Coll., the Act of the Czech National Council No. 272 / 1992 Coll. and Act No. 84 / 1993 Coll., are amended and supplemented as follows:
In Article 12 (1), the following point (n) is inserted after point (m):
"(n) confirms that the citizen applying for early retirement was kept in the register of jobseekers and for what period and, in the event that this citizen was provided with physical security for the jobseekers, the date on which his payment was stopped."
Points (n) to (q) shall be renumbered as points (o) to (r).
TRANSITIONAL PROVISIONS
Entitlement to an old-age pension under this Act shall be granted at the earliest from the date of application of this Act, even if the conditions for entitlement to that pension referred to in Section 2 have been fulfilled before the date of application of this Act.
(1) Old-age pensions granted under the Decree of the Government of the Czechoslovak Socialist Republic No. 118 / 1988 Coll., on the extraordinary provision of an old-age pension, as amended by the Decree of the Government of the Czechoslovak Socialist Republic No. 116 / 1989 Coll., Act No. 306 / 1991 Coll., Act No. 578 / 1991 Coll. and Act No. 235 / 1992 Coll., shall be considered as old-age pensions under this Act as from the date of application of this Act, at the level in which they belonged to the effective date of the Act; Articles 5 (1) and 9 shall not apply to such pensions.
(2) Where the old-age pension beneficiary referred to in paragraph 1 is employed even after the date of the next instalment of that pension due after the effective date of this Act, the beneficiary of that pension and his employer shall notify the pension payer of that fact no later than eight days after the date of that instalment. The declaration referred to in the previous sentence shall not be made by the old-age pension beneficiary referred to in paragraph 1 or by his employer if the beneficiary of that pension terminates his employment during the period preceding the third instalment of that pension due after the effective date of this Act.
(3) The pension payment in the cases referred to in paragraph 2 shall not apply from the third instalment of the pension due after the effective date of this Act, if the beneficiary of the old-age pension is employed.
FINAL PROVISIONS
They shall be deleted:
1. the Decree of the Government of the Czechoslovak Socialist Republic No. 118 / 1988 Coll., on the extraordinary provision of old-age pension, as amended by Act No. 306 / 1991 Coll., Act No. 578 / 1991 Coll. and Act No. 235 / 1992 Coll.,
2nd Order of the Government of the Czechoslovak Socialist Republic No. 116 / 1989 Coll., amending and supplementing the Government of the Czechoslovak Socialist Republic No. 118 / 1988 Coll., on the extraordinary provision of an old-age pension.
This Act shall take effect on the day of its publication.
Uhde v. r.
Havel v. r.
Klaus v. r.
1) In particular Act No. 100 / 1988 Coll., on Social Security, as amended by Act No. 110 / 1990 Coll., Act No. 180 / 1990 Coll., Act No. 1 / 1991 Coll., Act No. 46 / 1991 Coll., Act No. 306 / 1991 Coll., Act No. 482 / 1991 Coll., Act No. 578 / 1991 Coll., Act No. 160 / 1993 Coll., and Act No. 160 / 1993 Coll., Act No. 235 / 1992 Coll., Act No. 589 / 1992 Coll., Act No. 37 / 1993 Coll.
2) § 7 of Act No. 1 / 1991 Coll., on Employment, as amended by Act No. 578 / 1991 Coll. § 12 (1) (f) of Act No. 9 / 1991 Coll., on Employment and Jurisdiction of the Bodies of the Czech Republic on Employment.
3) Act No. 100 / 1988 Coll., as amended.
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Regulation Information
| Citation | Act No. 39 / 1994 Coll., on the early provision of old-age pension and on the amendment of laws on the employment sector |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.03.1994 |
|---|---|
| Effective from | 21.03.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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