Act No. 99 / 2013 Coll.
Law amending certain laws in the field of insurance and supplementary pension insurance in connection with the abolition of an exemption from the principle of equal treatment in European Union law
Valid
Law
Effective from 25.04.2013
99
THE LAW
of 20 March 2013
amending certain insurance and pension supplementary insurance laws in connection with the abolition of an exemption from the principle of equal treatment in European Union law
Parliament has decided on this law of the Czech Republic:
Amendment to the Insurance Contract Act
Act No. 37 / 2004 Coll., on Insurance Contract and Amendment to Related Acts (Insurance Contract Act), as amended by Act No. 377 / 2005 Coll., Act No. 57 / 2006 Coll., Act No. 198 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 278 / 2009 Coll., Act No. 375 / 2011 Coll., Act No. 89 / 2012 Coll. and Act No. 91 / 2012 Coll., is amended as follows:
1. Paragraph 13a, including the title, reads:
Equal treatment
In determining the amount of premiums or for calculating the premiums, it shall be prohibited to use an aspect contrary to the principle of equal treatment. This applies even if pregnancy or maternity is used as an aspect in determining the amount of premiums or in calculating the benefits. This shall be without prejudice to the use of age or health as a determining factor in the determination of premiums and for the calculation of premiums for insurance premiums for those insurance risks for which the assessment of insurance risks is based on relevant and accurate actuarial and statistical data and where the difference in the level of premiums or premiums is appropriate. ';
footnote 4b is deleted.
2. In Section 55, the words "or the wrong sex 'are deleted.
3. In Article 55 (1) and (2), the words "or sex 'are deleted.
Transitional provisions
1. Legal relationships arising from insurance contracts concluded before the date of entry into force of this Act shall be governed by existing legislation.
2. Legal relationships arising from insurance contracts concluded before the date of entry into force of this Act, which, on or after the date of entry into force of this Act, are subject to the conclusion of an agreement extending the insurance period and for which the rights and obligations of such contracts would cease to exist without such an agreement, shall be governed by this law.
3. A change in the terms of an insurance contract concluded before the date of entry into force of this Act, on which the consent of the Contracting Party which is granted on or after the date of entry into force of this Act is required, shall not result in a change in insurance premiums or claims which would be contrary to the principle of equal treatment. If there is a change which, as a result of the application of the principle of equal treatment, results in an increase in insurance premiums or a reduction in insurance benefits, the policyholder shall inform the policyholder in writing of the consequences of such a change before giving his consent.
Amendment of the Insurance Act
Act No. 277 / 2009 Coll., on Insurance, as amended by Act No. 409 / 2010 Coll., Act No. 188 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 428 / 2011 Coll., Act No. 458 / 2011 Coll., Act No. 18 / 2012 Coll. and Act No. 399 / 2012 Coll., is amended as follows:
1. In Article 56, the following paragraph 4 is added:
"(4) In determining the amount of premiums and calculating the premiums, it shall be prohibited to use an aspect contrary to the principle of equal treatment. This is without prejudice to the use of actuarial methods taking into account gender aspects for the assessment of insurance risk, the purpose of which is to ensure compliance with insurance or reinsurance obligations, provided that this does not result in a distinction between the level of premiums and contributions by sex at individual level. It shall also be without prejudice to the use of age or health status as a determining factor in the determination of premiums and for the calculation of premiums for insurance premiums for those insurance risks for which the assessment of insurance risk is based on relevant and accurate actuarial and statistical data and where the difference in the level of premiums or premiums is reasonable. ';
(2) Paragraph 57, including footnote 20, is deleted.
3. Paragraph 120 (3) reads as follows:
"(3) The insurance undertaking shall commit an administrative offence by using an aspect contrary to the principle of equal treatment, contrary to Paragraph 56 (4), in determining the amount of premiums or for calculating the claims. '
Transitional provision
If there is a change in the terms of the insurance contract concluded before the date of entry into force of this Act, to which the consent of the Contracting Party which is granted on or after the date of entry into force of this Act is required, and the change resulting from the application of the principle of equal treatment results in a change in insurance or reinsurance performance, the insurance undertaking shall be obliged to make an adjustment to the technical reserve taking into account that change.
Amendment to the Pension Insurance Act with a State contribution
Act No. 42 / 1994 Coll., on Pension Admission with a State Contribution and on Amendments to Certain Laws related to its Implementation, as amended by Act No. 61 / 1996 Coll., Act No. 15 / 1998 Coll., Act No. 170 / 1999 Coll., Act No. 230 / 2001 Coll., Act No. 160 / 2001 Coll., Act No. 309 / 2002 Coll., Act No. 36 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 257 / 2004 Coll., Act No. 377 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 124 / 2008 Coll., Act No. 126 / 2008 Coll., Act No. 57 / 2006 Coll., Act No. 70 / 2006 Coll., Act No. 342 / 2006 Coll.
1. In Paragraph 2a, the second sentence is deleted.
2. in Article 43b (2), the following point (b) is inserted after point (a):
"(b) infringes the prohibition of discrimination against participants under Paragraph 2a;"
Points (b) to (v) shall be renumbered (c) to (w).
3. in Article 43c (6) (a), "(i) and (j)" shall be replaced by "(j) and (k)" and "(b)" shall be replaced by "and (v)";
Transitional provision
Legal relationships arising from supplementary pension contracts concluded before the date of entry into force of this Act shall be governed by existing legislation.
EFFECTIVE
This Act shall take effect on the day of its publication.
Germany
Zeman v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 99 / 2013 Coll., amending certain laws in the field of insurance and supplementary pension insurance in connection with the abolition of an exemption from the principle of equal treatment in European Union law |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.04.2013 |
|---|---|
| Effective from | 25.04.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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