Act No. 116 / 2001 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
Effective from 01.07.2001
Text versions:
01.07.2001
30.03.2001
116
THE LAW
of 28 February 2001
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. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 134 / 1997 Coll., Act No. 289 / 1997 Coll., Act No. 224 / 1999 Coll., Act No. 18 / 2000 Coll., Act No. 118 / 2000 Coll., Act No. 132 / 2000 Coll. and Act No. 220 / 2000 Coll., is amended as follows:
1. In Article 5 (1) (s), the word "close 'is deleted and, at the end, the words, including footnote (5a), are added:" if they live together in the household; (a) the condition of the household is not required if it is a close person;
(5a) Section 115 of the Civil Code. ';
2. In § 5 (4) and in § 14 (2), second sentence, the word "close 'is replaced by" helpless'.
3. In the second sentence of Paragraph 25 (1), the word "Army 'is replaced by" Armed Forces'.
4. In the first sentence of Article 34 (2), "1% 'is replaced by" 1,5%' and in the third sentence of Article 16 (4), second sentence, point (a) 'is replaced by "temporary incapacity to work'.
5. In Paragraph 35 (1), "1% 'is replaced by" 1,3%';
6. Paragraph 36 (1) is deleted.
Paragraphs 2 and 3 shall be renumbered paragraphs 1 and 2.
7. In Paragraph 36 (1), "after 31 December 2006 'is deleted and the figure" 0,6' is replaced by "0,9 ';
8. In Paragraph 37 (1) (b), the words "old-age pensioner 'shall be inserted after the words" if'.
9. In Paragraph 37 (2), the words "and paragraph 5 'shall be added at the end.
10.
(1) The beneficiary of the pension shall be the entitled or his legal representative or special beneficiary. Who is a special recipient shall be laid down in a special law. 25)
(2) Pensions are paid in cash. At the request of the recipient of the pension, the pension is shown on the beneficiary's account with the bank in the Czech Republic; if the beneficiary of the pension is entitled, the pension shall be shown on the account of his spouse at the bank in the Czech Republic, if the beneficiary of the pension so requests on the prescribed form and if, at the time he requests such payment, he has the right to dispose of funds in such an account. Payment of the pension to the beneficiary's spouse is subject to the consent of the spouse; the spouse of the creditor is obliged to return to the payer the payment of the pension of the beneficiary to such account after the date of death of the creditor.
(3) If the recipient of a benefit asks for a change in the method of payment of the pension, the pension payer shall make such change no later than from the payment of the pension due in the third calendar month following the calendar month in which the application for a change in the method of payment of the pension was made. If the pension is paid on the account of the spouse of a bank in the Czech Republic pursuant to the second sentence of paragraph 2, the payer shall not be liable for any damage to the person who is entitled by legal action of the spouse as the owner of the account resulting in the limitation or termination of the right of the creditor to dispose of funds in such an account, or for any damage to the spouse arising from the death of the spouse.
25) § 118 of Act No. 582 / 1991 Coll., as amended by Act No. 160 / 1995 Coll. '
11. in Article 108 (1) (a), the word "close" shall be deleted;
Transitional provisions
1. The amount of the percentage of the old-age pension to which the entitlement under Article 29 of Act No. 155 / 1995 Coll., on Pension Insurance, as amended, ("the Pension Insurance Act ') has been established shall be increased for the period of gainful activity after the entitlement to that pension was acquired before 1 July 2001, in accordance with the provisions in force before that date; the period of gainful activity after entitlement to an old-age pension after 30 June 2001, which has not been assessed in accordance with the rules applicable after that date (Article I (4)), shall be added to the period of gainful activity after entitlement to that pension before 1 July 2001, provided that 90 calendar days of such gainful activity are acquired. This applies mutatis mutandis to the increase in the percentage rate of the old-age pension to which entitlement has been established under Section 30 or Section 31 of the Pension Insurance Act for the period of the gainful activity from the date of the age needed to qualify for the old-age pension.
2. The claims for old-age pensions to which a claim has been made pursuant to Section 30 or Section 31 of the Pension Insurance Act before 1 July 2001 and which have not been definitively decided on by that date, and the granting, withdrawal or modification of the amount of those pensions for the period before 1 July 2001, even if they have already been final, shall be decided on in accordance with the provisions in force before that date, unless otherwise specified in points 3 and 4.
3. The amount of the percentage of the old-age pension to which the pension scheme was entitled pursuant to Section 30 of the Pension Insurance Act before 1 July 2001 and which is granted from the date falling into the period after 30 June 2001 shall be determined in accordance with the provisions applicable after 30 June 2001.
4. The amount of the percentage of the old-age pension which has been granted under Section 30 or Section 31 of the Pension Insurance Act from the date before 1 July 2001 and which is to be converted for the period of gainful activity after 30 June 2001 until the age required for entitlement to an old-age pension is reached shall be determined in accordance with the provisions in force before 1 July 2001.
5. If the beneficiary of an old-age pension granted under § 30 or § 31 of the Pension Insurance Act before 1 July 2001 is employed on 30 June 2001 on the basis of an employment relationship, that relationship shall continue after 30 June 2001 and shall not adjust that relationship in accordance with the condition laid down in § 37 (5) of the Pension Insurance Act until the date of the previous payment of that pension due in October 2001, it shall not be entitled to pay that pension from that payment. The fact that it does not fulfil that condition for the payment of an old-age pension shall be obliged to notify the pensioner of the pension by 31 July 2001; This reporting obligation is also for the employer of the old-age pensioner. The obligation to declare under the second sentence shall not arise if the old-age pension beneficiary ceases to have an employment relationship during the period preceding the payment of that pension referred to in the first sentence or modifies the employment relationship at that time in accordance with the condition laid down in Section 37 (5) of the Pension Insurance Act.
6. The period of care of a non-close person (Article I (1)) shall be considered as a replacement period for the purposes of pension insurance for the period after 30 June 2001.
Amendment of the Act 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 / 1997 Coll., Act No. 258 / 2000 Coll., Act No. 133 / 1999 Coll., Act No. 133 / 1999 Coll., Act No. 155 / 2000 Coll., Act No. 118.
In Article 6 (4) (a) (11), the word "close 'is deleted.
EFFECTIVE
This Act shall take effect on 1 July 2001.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 116 / 2001 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 | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.03.2001 |
|---|---|
| Effective from | 01.07.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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