Act No. 424 / 2003 Coll.
Act amending Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended, and certain other laws
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Law
Effective from 01.01.2004
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424
THE LAW
of 6 November 2003
amending 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:
Amendment to Act No. 582 / 1991 Coll., on the organisation and implementation of social security
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. 307 / 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. 140 / 1999 Coll., Act No. 133 / 1999 Coll., Act No. 155 / 2000 Coll., Act No. 118.
1. in Article 5 (b):
"(b) recover amounts unduly paid in respect of pension benefits; it is entitled to carry out administrative enforcement of decisions on pension insurance, ';
footnote 30 is deleted;
2. In Article 5, at the end of point (g), the dot is replaced by a comma and the following point (h) is added:
"(h) keeps a register of insured persons in sickness and pension insurance (hereinafter referred to as" the register of insured persons ")."
3. in Article 6 (4) (a) (3):
'3. in dispute between the citizen and the organisation on the correctness of the registration in the pension insurance register (hereinafter referred to as "the register"), '.
4. in Article 6 (4) (a) (9), the words "and propose the removal of hardships in other cases," shall be deleted;
5. in Article 6 (4) (a), at the end of point 11, the words "if the periods of care for these children and helpless persons are after 31 December 1995," shall be added;
6. In Article 6 (4), the words "and for the administrative execution of these decisions' shall be added at the end of point (j).
(7) footnote 32 shall read:
"32) Act No. 589 / 1992 Coll., as amended."
8. in Article 7 (d), the words "and (u)" shall be replaced by "(r) and (u)";
9. in Article 9 (2) (b), the following points 4 and 5 are inserted after point 3, including footnotes 32a and 32b:
'4. a member of the armed forces who received a service allowance or service allowance under special legislation32a) at least on the date preceding the date on which the pension entitlement was established;
5. a citizen who served in intelligence services in accordance with special legislation, 32b)
32a) § 132 of Act No. 221 / 1999 Coll., on Occupational Soldiers, as amended by Act No. 254 / 2002 Coll. § 116 of Act No. 186 / 1992 Coll., on the Service Relation of Members of the Police of the Czech Republic, as amended by Act No. 26 / 1993 Coll. § 119 of Act No. 154 / 1994 Coll., on the Security Information Service.
32b) Act No. 153 / 1994 Coll., on Intelligence Services of the Czech Republic, as amended by Act No. 118 / 1995 Coll. '.
Point 4 is renumbered point 6.
10. in Article 9 (2) (b), the words "or not later than two years after its expiry" in point 6 shall be replaced by "5."
11. in Article 9 (2), at the end of point (b) (6), comma shall be replaced by a dot and point (c), including footnote 73, shall be deleted;
12. in Article 11 (1), the words "health insurance undertakings, 73c)" shall be inserted after the words "social security implementation"; the words "and, for the performance of the tasks of social security institutions under European Community law, 73d) and international treaties," shall be inserted after the words "state authorities," and the words "health insurance companies, 73c) shall be replaced by the words" from the date of application; state authorities and health insurance undertakings may provide communications in electronic form in a way enabling remote access. "
footnotes 73c and 73d are as follows:
"73c) § 27 of Act No. 592 / 1992 Coll., on Insurance for General Health Insurance, as amended. Section 24 of Act No. 551 / 1991 Coll., on General Health Insurance Company of the Czech Republic. Section 21 of Act No. 280 / 1992 Coll., on departmental, branch, corporate and other health insurance companies.
(73d) Council Regulation (EEC) 1408 / 71 on the application of social security schemes to persons employed, self-employed and members of their families moving within the Community. Council Regulation (EEC) No 574 / 72 laying down the procedure for implementing Council Regulation (EEC) No 1408 / 71 on the application of social security schemes to persons employed, self-employed and members of their families moving within the Community. '
13. in Article 11, paragraphs 3 and 4 are added, including footnotes 33a) and 33b):
"(3) The Ministry provides the Czech Social Security Administration for the performance of its social security tasks under European Community73d) and international social security contracts with the necessary information on the period of maintenance in the employment record and the date of admission and the amount of physical security of the jobseeker and of accidents at work and occupational diseases. The data referred to in the first sentence may be provided in electronic form in a way enabling remote access. The Ministry is entitled to require from the Czech Insurance Corporation, a. s.33a) and Kooperativa, insurance companies, a.s.33a) and from the State Health Constitution 33b) data on accidents at work and occupational diseases needed for the performance of the task referred to in the first sentence; these insurance companies and the State Health Institute are required to comply with this request by the Ministry and to send the data free of charge to the Ministry within 30 days of the date of request.
(4) Social security institutions shall be entitled, within the limits of their competence, to communicate to each other the information necessary to carry out their social security tasks under European Community law (73d) and international treaties and to carry out social security. The requested social security authority shall comply with the request of another social security body within 8 days of the date of the request, unless the social security body which requires the information has set a longer period. The data referred to in the first sentence may be provided in electronic form in a way enabling remote access.
33a) § 205d (1) of the Labour Code. § 1 of Decree No. 125 / 1993 Coll., laying down the conditions and rates of statutory insurance of the employer's liability for damage to work injury or occupational disease, as amended.
33b) § 86 paragraphs 2 and 3 of Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended. § 6 (a) of Decree No 342 / 1997 Coll., laying down the procedure for the recognition of occupational diseases and issuing a list of health establishments which recognise those diseases. '
14. in Paragraph 11a, the following paragraph 4 is added:
"(4) Social security authorities may keep records of citizens for the purposes of this Act according to their birth numbers."
15. in Article 14 (3), the words "and to check or supplement the information contained in health insurance companies' information systems shall be added at the end of point (c)."
16. in Paragraph 14 (3), the dot at the end of point (h) is replaced by a comma and the following points (i) to (k) are added:
"(i) to the authorities carrying out State social assistance, regional authorities and the Ministry, information on the type and amount of sickness and pension insurance benefits paid by them, including the time of their provision and payment, and on the start, termination or suspension of self-employment, including cooperation in the pursuit of that activity, if the applicant is an applicant for State social assistance, the recipient of such benefits and persons with those applicants or beneficiaries jointly assessed, to the extent necessary for the implementation of State social aid;
(j) municipal authorities providing social security benefits and services and regional authorities with information on the type and amount of sickness and pension benefits paid by them to applicants for such benefits and services, to the beneficiaries of such benefits and services and to persons jointly assessed with those applicants or beneficiaries, to the extent necessary for carrying out social care;
(k) to the municipal authorities responsible for the performance of the administration on the civil service section, data on the daily basis of assessment for the calculation of sickness insurance benefits for self-employed persons, if it is to determine the compensation for income for those persons in the course of the civil service. ";
17. in Article 14 (5), the words "or legal" and the words "other" and "other" shall be inserted after the words "physical";
18. After Paragraph 16, the following Section 16a is inserted:
Register of insured persons
(1) The register of insured persons serves for the performance of the tasks of the Czech Social Security Administration arising from social security under European Community73d) and international treaties and for the implementation of social security.
(2) The register of insured persons shall contain the following information on persons participating in sickness insurance and pension insurance on account of gainful activities and voluntary participation in pension insurance:
(a) the name and current surname;
(b) the birth and any other surname prior to the current surname;
(c) date and place of birth;
(d) sex,
(e) birth number,
(f) citizenship;
(g) family status,
(h) the address of the place of permanent residence and, if foreign nationals, the address of residence in the Czech Republic,
(i) the creation and termination of participation in sickness and pension insurance;
(j) the type of gainful activity constituting participation in sickness and pension insurance;
(k) the name and address of the employer (organisation and small organisation);
(l) the employer's individual number;
(m) a variable symbol of the social security payer and the contribution to the state employment policy;
(n) the name and address of the foreign insurance holder,
(o) foreign insurance number,
(p) further information, where it is based on the requirements of European Community law (73d) and international social security treaties. "
19. In Paragraph 17 (4), the words "working relationship under foreign law 'shall be inserted after the words" Labour Code'.
20. in Articles 18 (1) (b), 36 (c) and 82 (2) (b), the words "are not in employment relations with the cooperative but" are replaced by "outside employment relations."
21. in Articles 18 (1) (c) and 36 (d), the words "are not in employment relations with the company but" are replaced by "outside employment relationships."
22. in Paragraph 18 (1), at the end of (r), the dot is replaced by a comma and the following points (s) to (u) are added:
"(s) workers in a working relationship concluded under foreign law shall be carried out by the organisation to which they are in that working relationship;
(t) the members of the Broadcasting Board are implemented by the Office of the Broadcasting Board;
(u) financial arbiter and financial arbiter representative are carried out by the Czech National Bank. ';
23. at the end of point (a), at the end of point (a), the words "citizenship, and if the employee was an employee of sickness insurance abroad and the organisation is his first employer after the end of the participation, also an indication of the name and address of the foreign insurance holder and the foreign insurance number,"
24. The following Section 22a is inserted after Section 22:
(1) The organisation is obliged to register with the competent district social security administration on the prescribed form of its staff member for insurance within 8 days of his entry into employment; he shall also be required to sign off on the prescribed form to the competent district social security administration of the worker with whom the employment relationship has ended within 8 days of the end of the employment relationship. The organisation may agree in writing with the relevant district social security administration a different period for the registration of employees for insurance and for the registration of employees from insurance than that specified in the first sentence.
(2) The organisation shall report in writing to the competent district social security administration the change of the information provided on the employee's application for insurance within 8 days of the date on which it became aware of the change.
(3) The jurisdiction of the district social security administration referred to in paragraphs 1 and 2 shall be governed by the head office of the organisation or, where applicable, the place of permanent residence, if it is an organisation which is a natural person, provided that the head office or place of permanent residence is the same as that of the service of the organisation in which the employee's wage records are kept; where the place of that service is not identical to that place of residence or permanent residence, the jurisdiction of the district social security administration shall be governed by the place of the service of the organisation in which the wage records for employees are kept. ';
Article 25 (23), including footnote 3b, reads:
The organisation shall keep records of the facts kept in the records referred to in Articles 21 (1) (h) and 22 (a) to (e) for a period of 10 calendar years following the year to which they relate, unless the specific legislation provides for a longer retention period for records having the character of accounting records. Evidence of the type, origin and termination of the employment relationship, records of accidents and occupational diseases and records of working hours shall always be considered as records, 3b) including time of work without compensation of income. If an organisation without a legal successor ceases to exist before the expiry of the period referred to in the first sentence, it shall proceed mutatis mutandis in accordance with the second sentence of Paragraph 19 (5).
(3b) Section 94 of the Labour Code. ';
26. At the end of Paragraph 29, the following sentence is added: "The organisation is required to issue a certificate also during the period of employment, if the staff member or other organisation or district social security administration so requests. If the staff member is temporarily unable to work on the day on which the employment ends, the organisation shall issue a certificate only after the temporary incapacity has ceased. In the event of temporary incapacity for work after the end of employment, the organisation shall require the certificate to be returned and supplemented, or to issue a new certificate. ';
27. in the third sentence of Paragraph 33 (1), the words "on the prescribed form" shall be inserted after the word "unsubscribe" and the dot shall be replaced by a semicolon at the end and the words "Paragraph 22a (2) shall apply mutatis mutandis."
28. in Paragraph 33 (2):
"(2) The small organisation shall submit applications, registrations and reports of changes to the register of small organisations with the district social security administration responsible under paragraph 1; the provisions of Paragraph 20 on the obligations of organisations shall apply mutatis mutandis. '
29. in Article 34 (2), the words "and 23" shall be inserted after the words "Paragraph 22."
30. In Article 35a, the following sentence is added at the end of paragraph 4: "The equivalent of the registers (Paragraph 38 (5), first sentence) shall be required to be kept by the organisation for 3 calendar years after the year to which they relate. Paragraph 23 applies mutatis mutandis for pension insurance purposes. If an organisation without a legal successor ceases to exist before the expiry of the period referred to in the first sentence, it shall proceed mutatis mutandis in accordance with the second sentence of Paragraph 19 (5). ';
31. in Paragraph 36, at the end of point (w), the dot is replaced by a comma and the following points (x) to (aa) are added:
"(x) workers in a working relationship concluded under foreign legislation of the organisation to which they are in that working relationship;
(y) persons in military active duty, except for professional soldiers, Ministry of Defence,
(z) members of the Radio and Television Council,
(aa) financial arbiter and representative of financial arbiter Česká národní banka. ';
32. Paragraph 37 (1) shall be added at the end of point (a) to the words "citizenship, and if the citizen was a resident of pension insurance abroad and the organisation is its first employer after the end of this participation, also the name and address of the foreign insurance holder and the foreign insurance number."
33. in Paragraph 37 (1) (f), the word 'Army' is replaced by 'Armed Forces';
Article 34 (38), including the title:
Registration certificates
(1) The organisations and bodies carrying out the pension insurance tasks referred to in Article 36 (a) to (d), (f) to (o), (r), (t), (v) to (x), (z) and (aa) are required to keep a register for each citizen referred to in these provisions, which is the subject of the pension insurance, as far as the working pensioner is concerned.
(2) The record sheet is kept for each citizen per calendar year. A new registration sheet shall always be kept for each calendar year, even if the participation of the same organisation in pension insurance lasted in the previous calendar year.
(3) The record sheet shall be kept from 1 January of the calendar year or from the date on which the citizen's participation in the pension insurance takes place, if that participation arises after 1 January, and shall end on 31 December of the calendar year or the date on which the participation ceases, if that participation ends before 31 December.
(4) They shall be entered in the register for each calendar year following the financial statements (payroll accounts), but no later than 30 April of the following calendar year, and in the case of termination of the pension scheme before 31 December, within 1 month of the final statement of revenue.
(a) the organisation's identification data;
(b) the name, last name, surname, date and place of birth, permanent residence and citizen's birth number;
(c) the type of gainful activity;
(d) the duration of participation in pension insurance;
(e) pension insurance periods;
(f) the assessment basis for social security contributions and the contribution to national employment policy;
(g) the periods which are excluded when determining the personal assessment basis under Article 16 (4) (a) and (d) of the Pension Insurance Act (2);
(h) periods which, from the date on which the age required to qualify for an old-age pension is reached, shall not be considered to be gainful activities for the purpose of increasing the percentage rate of the old-age pension.
(5) The organisation shall draw up copies of the record sheet with the particulars referred to in paragraph 4; one copy shall be submitted to the citizen for signature and shall be entered in the register (Section 35a (4), second sentence) and the second copy, which shall bear the signature of the authorised staff member or other authorised representative and the stamp thereof, shall be issued to the citizen no later than the date on which the record sheet is submitted to the competent social security authority pursuant to Article 39 (2) or (3). If the citizen does not agree to the registration of the organisation on the record sheet and the organisation does not correct the registration sheet, including its copy, upon the request of the citizen, the citizen may request the district social security administration responsible under Paragraph 39 (1) within 30 days of the date of receipt of the copy of the registration sheet to decide on the dispute. The competent district social security administration may forgive the delay referred to in the second sentence; an appeal is not admissible against a decision to waive the time limit and that decision is excluded from judicial review. The second and third sentences shall apply mutatis mutandis to the person in service, with the exception of civil servants under the Staff Act, with the exception of the competent social security body referred to in Paragraph 9 (1). '
35. in the second sentence of Paragraph 39 (1), the words "persons in service, with the exception of a civil servant under the Staff Act, or o," shall be inserted after the words "If o";
36. in Article 39 (2) and (3):
"(2) The organisation is required to submit a record sheet within 8 days
(a) from the date of entry of the data in the register referred to in Article 38 (4); if the employment ended before 31 December and it is doubtful that the citizen will again enter into employment with the same employer in the same calendar year at the latest, the register may not be submitted and may be continued in the records on the previous register. If sickness insurance (care) benefits are further paid after the end of employment, the organisation shall submit a register within 8 days of the date of entry of the data on the payment of the benefits; However, if the payment of such benefits persists until 31 December, the organisation shall submit a record sheet within the time limit specified in the first sentence,
(b) from the date of its disappearance.
(3) The certificate must be submitted by the organisation to the social security authority on the basis of its call within 8 days of the date of receipt of the call. "
37.Paragraph 39 (7) reads as follows:
"(7) The records shall be submitted on forms issued by the social security authorities or in the manner referred to in Article 123e (2) and (3)."
38. Paragraph 39 (8) is deleted.
39. The following Section 39a is inserted after Section 39:
Submission of pension information
(1) In the case of pupils and students, the school shall submit the data referred to in Section 37 (4) within 8 days of the completion or interruption of the study to the Czech Social Security Administration; schools shall have this obligation only until 30 June 2005.
(2) In the case of persons performing a civil service, the municipal authority responsible for the performance of the civil service on the civil service section which issued the call for service shall submit the information referred to in § 37 (1) (a), (b) and (f) within 8 days of the end of the calendar month in which the civil service ended, to the Czech Social Security Administration.
(3) In the case of persons who have ceased military active duty, with the exception of professional soldiers, the Ministry of Defence shall submit the data referred to in § 37 (1) (a) and (b) and the length and type of such service within 8 days of the end of this service to the Czech Social Security Administration.
(4) In the case of self-employed persons, the district social security administration shall submit the information referred to in § 37 (1) (a) to (e) and the information on the pension insurance contributions paid and the contribution to the national employment policy for each calendar year to the Czech Social Security Administration.
(5) In the case of persons voluntarily involved in pension insurance, 53) the district social security administration shall submit the information referred to in § 37 (1) (a) to (d) and the information on the pension insurance contributions paid for each calendar year to the Czech Social Security Administration.
(6) The information referred to in paragraphs 1 to 3 shall be submitted on forms issued by the Czech Social Security Administration or in the manner referred to in § 123e (2) and (3). The data referred to in paragraphs 4 and 5 shall be submitted in the terms and manner specified by the Czech Social Security Administration.
(7) The data referred to in paragraphs 4 and 5 are also sent by the district social security administration to a self-employed person and to a voluntary pensioner (53) before 30 September of the calendar year following the calendar year in which those persons participated in the pension insurance scheme and for which they paid the pension insurance contributions and the contribution to the state employment policy or pension insurance contributions, on forms issued by the Czech Social Security Administration. If the persons referred to in the first sentence do not agree with the information entered in this form, they may request a correction within 30 days of the date of receipt of this form by the district social security administration; Paragraph 38 (5) of the third sentence shall apply mutatis mutandis. ';
40. In Paragraph 40, at the end of paragraph 1, the sentence "The obligation under the first sentence shall be fulfilled by the organisation for the last time in 2005."
41. After Paragraph 40, the following Section 40a is inserted:
Informative personal pension insurance certificate
Social security authorities shall send citizens an informative personal pension certificate (hereinafter referred to as the "fiche ') on their written request. A citizen shall be entitled to send an information sheet once per calendar year. The information sheet shall contain an overview of pension periods and, for the period from 1986 onwards, an overview of the assessment bases and excluded periods recorded by the competent social security authority. The information sheet shall be sent by the social security authority to the citizen within 90 days of the date of receipt of his application. Social security authorities shall send an information sheet from 2006 onwards.';
42.In Paragraph 43, "§ 38 and 41 'is replaced by" § 38, 39, § 39a (1) and (6) and § 41';
43. In Article 49, the following paragraph 5 is added:
"(5) The staff member shall, in the case referred to in the fifth sentence of Paragraph 29, submit to the organisation a certificate of the facts relevant to the entitlement to benefits, their provision and the payment to be completed no later than 8 days from the day following the end of the temporary incapacity for work; where this certificate is not supplemented by an organisation, it shall be invalid. ';
44. In Paragraph 52, the following paragraph 3 is added:
"(3) A citizen of a voluntary pension scheme shall report in writing to the competent district social security administration the change of the information provided on the application for voluntary pension participation and, at the request of the district social security administration, communicate the facts relevant to the implementation of that insurance within 8 days of the date of the change or the date of receipt of the call. ';
45. in Article 54 (1), the words "and 48b of this Act and Article 46 of Act No. 54 / 1956 Coll., on staff sickness insurance," shall be replaced by "48b and § 49 (5)."
46. in Paragraph 54 (2), "to 22" is replaced by "to 23."
47. in Article 54 (3), the words "and Article 66" shall be inserted after the words "Paragraph 16 (1)."
48. In Article 54 (4), the words "this Act and Article II (1) of Act No. 424 / 2003 Coll., amending Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended, and certain other laws, shall be inserted after the words" and § 83 '.
49. In Paragraph 54, the following paragraphs 5 and 6 are inserted after paragraph 4:
"(5) For failure to fulfil or breach the obligation laid down in § 49 (5), the competent district social security administration may impose a fine on the staff member up to CZK 10,000.
(6) For failure to comply or breach of the obligation laid down in § 52 (3), the competent district social security administration may impose a fine on a citizen voluntarily involved in pension insurance of up to CZK 10,000. "
Paragraphs 5 and 6 shall become paragraphs 7 and 8.
50. § 66 reads:
For the purposes of applying sickness insurance benefits, forms issued under international agreements by which the Czech Republic is bound shall also be considered as prescribed forms. The competent doctors are obliged to confirm on these forms the facts necessary for carrying out sickness insurance in the countries with which the Czech Republic has concluded an international social security contract. '
51. In the first sentence of Paragraph 80 (1), the words "and the enforceable statements of arrears," shall be deleted.
52. in Paragraph 80 (1), the second sentence is deleted;
53.In Paragraph 82 (2) (c), the words "and (r) to (t) 'shall be replaced by", (r) to (t), (v), (x), (z) and (aa)';
54. In Paragraph 85, at the end of paragraph 2, the sentence "The Regional Social Security Administration shall submit to the Czech Social Security Administration a copy of the decision referred to in the first sentence within 8 days of the date of acquisition of the legal power of this Decision."
55. In Paragraph 88 (2), the first words in the sentence "for the district social security administration according to the place of permanent residence of the beneficiary of the pension benefit 'are replaced by" the Czech Social Security Administration' and the second sentence is deleted.
56. The following paragraph 5 is added to Paragraph 89, including footnote 61:
"(5) If, in matters of pension insurance and pension insurance, the jurisdiction of the Regional Court to bring an action cannot be determined because the applicant does not reside in the territory of the Czech Republic and does not stay in the territory of the Czech Republic, 61) is responsible for such proceedings
(a) The Regional Court in Brno, if the applicant is resident in the Slovak Republic,
(b) Regional Court in Ostrava, if the applicant is resident in the territory of the Republic of Poland,
(c) the Regional Court in Pilsen, if the applicant is resident in the territory of the Federal Republic of Germany,
d) Regional Court in České Budějovice, if the applicant resides in the territory of the Republic of Austria,
(e) a regional court designated according to the place of last residence of the applicant in the territory of the Czech Republic, unless it is possible to determine the jurisdiction of the regional court under points (a) to (d);
(f) The Regional Court in Prague may not determine the jurisdiction of the Regional Court under (a) to (e).
61) § 7 (3) of the Administrative Code. '
57. Paragraph 104g, including the title, reads:
Reporting of arrears
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Regulation Information
| Citation | Act No. 424 / 2003 Coll., amending Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.12.2003 |
|---|---|
| Effective from | 01.01.2004 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Taxes
Social security benefits
Finance
Economic (State)
Civil law
Civil law substantive
Social security law
Proceedings in social security matters
Self-administration
Social Services, Social Assistance
Social security management
Administrative law
Government
Old age insurance, Old age pension
Diseases, Sickness benefits
The regulation text is for informational purposes only.
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