Act No 357 / 2005 Coll.
Law on the award of participants in the national struggle for the creation and liberation of Czechoslovakia and certain survivors of them, on the special contribution to the pension of certain persons, on the lump sum of certain participants in the national struggle for liberation between 1939 and 1945 and on the amendment of certain laws
Valid
Law
Effective from 19.09.2005
357
THE LAW
of 19 August 2005
on the award of participants in the national struggle for the creation and liberation of Czechoslovakia and of some of their survivors, the special contribution to the pension of certain persons, the one-off amount of money to certain participants in the national struggle for liberation between 1939 and 1945 and the amendment of certain laws
Parliament has decided on this law of the Czech Republic:
VALUATION OF THE PARTICIPANTS OF THE NATIONAL BODIES FOR BUSINESS AND EXEMPTIONS OF THE CZECH REPUBLIC AND CERTAIN STAFF RESIDENCE THROUGH THEM, SPECIFIC CONTRIBUTION TO THE PENSION OF CERTAIN PERSONS AND THE SINGLE MONEY PARTS OF CERTAIN PARTS OF THE NATIONAL BODIES FOR EXEMPTIONS IN 1939 TO 1945
VALUATION OF PARTICIPANTS IN I AND II WORLD WAR
(1) This Title applies to citizens of the Czech Republic who:
(a) meet the conditions set out in § 1 (1) or (2) of Act No. 255 / 1946 Coll., on the members of the Czechoslovak army abroad and on certain other participants in the national struggle for liberation, and have been given a certificate pursuant to § 8 of this Act, or have fulfilled the conditions of Act No. 462 / 1919 Coll. and n., on the granting of seats to legionaries, as amended by Act No. 196 / 1946 Coll., and have been given a certificate of this to the competent military authority;
(b) and receive an old-age pension or invalidity pension for a third-degree disability from the Czech pension insure1).
(2) This title shall also apply to citizens of the Czech Republic who, after the persons referred to in paragraph 1 (a), receive a widow's or widower's pension from the Czech pension insurance scheme (1), or are not paid such a pension only because the other pension paid exceeded the limit of the highest pension total in accordance with the rules applicable before 1 January 1996.
(3) This Title shall also apply to citizens of the Czech Republic,
(a) whose parent fulfilled the conditions laid down in § 1 (1) or (2) of Act No. 255 / 1946 Coll., and was issued in accordance with § 8 of that Act by a certificate if that parent had fallen, was executed or died in custody, in prison, in a concentration camp or in an internment camp, or had been violently killed in connection with arrest, if the citizen had not reached the age of 18 at the date of death of the parent ("orphan");
b) and receive pension from Czech pension insurance 1).
(1) Citizens referred to in Paragraph 1 are entitled to a pension supplement ("the supplement"). In the event of the death of both parents under the conditions set out in Paragraph 1 (3), entitlement to the supplement shall be assessed separately from each parent.
(2) The supplement to the old-age pension or invalidity pension for the disability of the third degree shall be fixed for each month of the resistance activity declared on the documents referred to in Section 1 (1) at the rate of 50 CZK per month but at least 200 CZK per month.
(3) The supplement to the widower's or widower's pension shall be fixed by half the amount referred to in paragraph 2 but at least CZK 200 per month.
(4) A supplement to the orphan's pension shall be set at two fifths of the amount referred to in paragraph 2 but at least CZK 200 per month.
(5) The amount of the supplement to the pension of persons who have fallen, were executed or died in custody, in prison, in a concentration camp or in an internment camp, or were violently killed in connection with arrest, shall be the sum of the amount derived from the length of the detentive activity of the deceased and the amount of
(a) CZK 3,000 if it is a widow or widower; or
(b) CZK 2,400, if it is an orphan, if the orphan has not reached the age of 18 at the date of death.
(6) The total time of the resistance activity is added up; the month means 30 calendar days.
(7) In the event of a confluence of the entitlements referred to in paragraphs 2 to 5, only one premium shall be paid, higher or, where applicable, highest; This is also true in the case of two orphan claims.
(8) The supplement is not part of the pension. The payment of the supplement shall not be subject to the period during which the payment of the pension referred to in Paragraph 1 is not subject to the entitlement to the supplement. The supplement shall be paid together with the pension in the same way and at the same time as the pension. The government will increase the surcharge in the same way and at the same time as the percentage rate of pensions is increased under the Pension Insurance Act (2).
(1) Paragraph 2 (8) of the fourth sentence does not apply in the event of an increase in pension payments by an exceptional date in June 2023.
(2) The premium granted before 1 June 2023 shall be increased by 11,5% of the amount of the premium due on the date on which the premium is increased. The allowances shall be increased from the payment of the pension with which they are paid due after 31 May 2023.
(3) For the purposes of this Regulation, the following definitions apply:
(4) After the increase referred to in paragraph 2 or paragraph 3, the amount of the premium shall be rounded up to the full crown.
(1) The right to payment of the supplement and the amount thereof shall be decided by the social security authority responsible for the payment of the pension, on a written request. The application shall be lodged with the social security authority referred to in the first sentence; However, if it is a pensioner paid by the Czech Social Security Administration, the application may be submitted or written to the local social security administration responsible for the applicant's whereabouts.
(2) The application documents shall not be required where the conditions for entitlement to the payment of the supplement can be assessed on the basis of the supporting documents contained in the official records of the social security authorities responsible for the payment of the pension; The applicant shall be invited by the social security authority referred to in paragraph 1 to submit the relevant documents where appropriate.
(3) Compliance with the conditions of citizenship of the Czech Republic shall be assessed on the date of application.
(4) The social security authorities referred to in paragraph 1 provide the persons referred to in paragraph 1 with the necessary assistance in the exercise of their rights.
(5) Unless otherwise provided for in this Title, decisions on the premium and its payment shall apply mutatis mutandis to:
(a) specific legislation governing the organisation and implementation of social security (3) concerning the issuing of decisions on pension benefits, judicial review of decisions on pension insurance, service of documents, proceedings on pension insurance, including appeal proceedings and time limit for the payment of benefits; and
(b) a special legislation governing pension insurance (4) concerning the creation and termination of a pension entitlement or its payment, the denial of entitlement or the payment thereof, the detection of defects in the determination of the amount and changes to the relevant facts.
(6) If the applicant has died for a surcharge before the payment of the supplement has been granted or the surcharge has been paid, the premium for the period since entitlement to payment of the supplement until the date of death shall be granted and paid in one single payment to the widow or widower of the deceased applicant.
(7) The cost of paying the surcharge is borne by the State budget.
If a pension is entitled to a pension before the date of entry into force of this Act, a supplement shall be payable from the payment of the pension due in the month following the month in which it became effective. The supplement shall be paid no later than the monthly monthly payment for the fifth month following receipt of the application by the social security authority responsible for the payment of the pension; the entitlement to the premium for the period from the start of entitlement to the supplement is not affected. If entitlement to a pension is established after the date of application of this Act, the supplement from the date on which the pension is granted shall be the monthly amount referred to in § 2 (2), (3) or (4) after the increase referred to in § 2 (8) which had taken place until then. It is assumed that the surcharge was granted in 2005.
SPECIFIC PENSION CONTRIBUTION
(1) Citizen of the Czech Republic receiving an old-age pension or invalidity pension from the Czech pension insure1), and
(a) where the amount of the pension has been adjusted as a member of the trade-union (5); or
(b) to which the Ministry of Defence (hereinafter referred to as "the Ministry") issued a certificate of his participation in the uprising in May 1945 (hereinafter referred to as "the certificate") on request to the Ministry within one year of the entry into force of this Act; or
(c) which
1. is the subject of rehabilitation pursuant to Act No. 119 / 1990 Coll., on judicial rehabilitation, as amended by Act No. 47 / 1991 Coll., or with which a judgmental judicial decision for the offences referred to in § 2 of Act No. 119 / 1990 Coll., as amended by Act No. 47 / 1991 Coll., was annulled before the date of its effectiveness, or was subject to rehabilitation pursuant to § 22 (c) of Act No. 82 / 1968 Coll., on judicial rehabilitation if the wrongful exercise of custody or imprisonment took a total of at least 12 months; or
2. has been classified in a forced labour camp or in a labour department if the decision on that classification has been annulled pursuant to § 17 (1) of Act No. 87 / 1991 Coll., on extrajudicial rehabilitation, or in a military forced labour camp, where the order for its inclusion in that camp has been revoked pursuant to § 18 (1) of the Act No. 87 / 1991 Coll., as amended by Act No. 267 / 1992 Coll. and Act No. 78 / 1998 Coll., or in a central monastery with a regime similar to the forced labour camps, if the total duration of residence in these establishments was at least 12 months,
(hereinafter referred to as "the beneficiary '), is entitled to a special pension allowance (hereinafter referred to as" the special allowance').
(2) A widow or widower shall also be entitled to a special allowance if he receives from the person referred to in paragraph 1 (a) or (c) a widower or widower's pension from the Czech pension insurance scheme (1), or is not paid such a pension only because the other pension paid exceeded the limit of the maximum amount of the total of pensions under the rules applicable before 1 January 1996. For this purpose, the pension application of a person referred to in paragraph 1 (a) or (c) shall also mean the receiving of a widow's or widower's pension by a person who has fulfilled the relevant condition laid down in those provisions, even if, at the date of his death, he did not receive an old-age pension or a third-degree invalidity pension. For that purpose, a person referred to in paragraph 1 (c) shall also mean a person who has been unduly restricted to personal freedom in the manner referred to in that provision for less than 12 months but has been subject to the death penalty or who has died during such wrongful deprivation of liberty.
(3) The special allowance referred to in paragraph 1 (c) and in paragraph 2, if the widow or widower goes after the person referred to in paragraph 1 (c), shall also apply where the restriction of personal liberty which was not fixed in time or which was intended to last for more than 12 months has ended for health reasons before the expiry of 12 months. This is demonstrated by evidence of discharge for health reasons.
(1) The amount of the specific contribution shall be:
(a) for the creditor referred to in § 5 (1) (a) and (c) an amount of CZK 2,500 per month,
(b) for the creditor referred to in § 5 (1) (b) and the widow or widower referred to in § 5 (2), an amount of CZK 1 250 per month.
(2) In the event of a combination of the entitlements to pay the special contributions referred to in paragraph 1, only the special allowance shall be paid one or more; if their amount is the same, only one special pension allowance shall be paid to an old-age or disabled person.
(3) If the special allowance provided for in Article 5 (2) applies to a widow or widower who does not receive a widow's or widower's pension, it shall be paid together with the pension which is paid.
(4) The special contribution by the Government shall be increased by a regulation if the aggregate price index in the regular public mass domestic rail and bus transport, for domestic telephone services and for domestic spa or recreational stays increases by at least 5% for each calendar year or over a period of several years, provided that the condition of at least 5% of the total price index growth in the previous year has not been met.
(5) Paragraph 2 (8) of the first to third sentences and Paragraph 3 applies mutatis mutandis to the special contribution.
(1) Confirmation of participation in the uprising in May 1945 will be issued by the Ministry to the citizen of the Czech Republic, who during the period between 30 April and 12 May 1945 for at least 3 days on the part of the insurgents against Nazi power
(a) has participated in arms fighting;
(b) participate in intelligence and communication activities;
(c) perform a medical or supply service in the field in connection with combat actions; or
(d) was a member of the Revolutionary Czech National Council or Insurgent Command.
(2) The participation referred to in paragraph 1 shall be demonstrated by the citizen to the Ministry:
(a) a certified confirmation of the component of the governing rebellion (for example, by the rebel headquarters or by the commander of the barricade) or by an organization associated with the participants in the uprising (for example by the Union of the National Revolution or by the Association of the Czech Union of Freedom Warriors) or by the component of the armed forces of the Czechoslovak Republic (for example, the Czechoslovak Army),
(b) certified confirmation of the Military Historical Institute in Prague or of a public archive issued on the basis of archive materials;
(c) certified confirmation by the Authority (e.g. the National Committee, the Municipal Office or the body assimilated to them), issued on the basis of a municipal chronicle or other reliable supporting documents,
(d) a certified statement of testimony of at least 2 citizens holding a certificate of participation in the national struggle for exemption under Act No. 255 / 1946 Coll. in the category of party to the uprising in May 1945 or to which the Ministry issued a certificate pursuant to § 5 (1) (b); or
(e) otherwise recognised by the Ministry.
(3) The certificate referred to in paragraph 1 may not be issued to the citizen if the conditions laid down in § 1 (3) of Act No. 255 / 1946 Coll. The investigation into the fulfilment of those conditions shall be carried out by the Ministry of the Interior in cooperation with the Ministry of the Interior.
(1) If entitlement to a pension is established before 1 January 2006, the special allowance shall be due from the payment of the pension due in January 2006. If entitlement to a pension is acquired after 31 December 2005, the special allowance shall be the monthly amount referred to in Article 6, after the increase referred to in paragraph 4, which had taken place until then. When determining the amount of the special contribution referred to in the second sentence, it is assumed that the special contribution was granted in 2006.
(2) The special allowance shall be paid no later than the regular monthly payment for April 2006, if the application is submitted by 31 December 2005 or no later than 3 months after the application has been submitted; This is without prejudice to entitlement to the payment of the special allowance for the preceding period.
INDIVIDUAL MONEY PARTY TO CERTAIN PARTICIPANTS OF NATIONAL FIGHT FOR EXEMPTIONS IN 1939 TO 1945
This title applies to persons set out in § 1 of Act No. 39 / 2000 Coll., on the provision of one-off cash amount to members of the Czechoslovak Foreign Army and Allied Armed Forces between 1939 and 1945, as amended by Act No. 261 / 2001 Coll., and in § 1 of Act No. 261 / 2001 Coll., on the provision of one-off cash amount to participants in the national fight for liberation, political prisoners and persons from racial or religious reasons concentrated in military labour camps, and on the amendment of Act No. 39 / 2000 Coll., on the granting of one-off money amount to Czechoslovak foreign armies shorter than 2 months, did not allow (hereinafter referred to as "legitimate persons').
(1) Authorised persons are entitled to a lump sum (hereinafter referred to as "entitlement").
(2) The entitlement must be applied in the form of a written application to the authority responsible for the decision and payment provided for in Article 13 by 31 December 2006 at the latest, otherwise the entitlement shall cease. Paragraph 3 (1) of the second part of the sentence shall apply mutatis mutandis.
(1) The authorised person referred to in Article 9 shall submit a certified copy of the certificate issued pursuant to Article 8 of Act No. 255 / 1946 Coll., or, where appropriate, the documents which replace or certify this certificate, or a certified copy of the certificate issued pursuant to Article 5 of Act No. 34 / 1946 Coll., defining the term "Czechoslovak Partisan" and other certified documents certifying entitlement, if the authority responsible for issuing the decision so invites, or a decision on the total or partial revocation of the decision on their imprisonment.
(2) If the beneficiary is a widow or widower, he shall submit a marriage certificate.
(3) The total duration of participation in the various types of national exemption fight under § 1 (1) (1) (c) to (f), § 2 and § 2 of Act No. 255 / 1946 Coll. is added up. The total duration of participation in the Czechoslovak Army Corps in the Union of Soviet Socialist Republics is added to the total duration of service in the first Czechoslovak army in Slovakia and the amount of time thus added to the total duration of participation in the national struggle for liberation.
(1) The amount of a lump sum for a participant in the national struggle for participation in this fight for less than 3 months is CZK 30,000.
(2) The amount of the one-off cash amount for a widow or widower after a participant in a national exemption fight pursuant to § 1 (2) of Act No. 39 / 2000 Coll., as amended by Act No. 261 / 2001 Coll., or a widow, widower or children after a participant in a national exemption fight pursuant to § 1 (2) of Act No. 261 / 2001 Coll., always amounts to half the one-off amount referred to in paragraph 1.
The Czech Social Security Administration decides on the claim, the amount of the lump sum and its payment. In cases where a pension pension is paid by a social security institution of members of the armed sil6) or armed corps, that authority shall be the competent authority for decision.
(1) Proceedings under this Title shall be initiated at the request of the authorised person.
(2) Where a claim has not been decided upon or where a lump sum has not been paid, the entitlement is transferred to its heir in the event of the death of the beneficiary.
(3) The rules of procedure referred to in this Title shall apply, save as otherwise provided in this Title, to the administrative rules (7).
(4) An appeal may be brought against the decision of the authority referred to in Article 13 before the Regional Court, in whose territory the general court of the beneficiary is situated.
Proceedings under this Title shall be exempt from fees.
The cost of a lump sum shall be borne by the State.
Arrangements for pensions of participants in the national exemption fight
Participants in the National Liberation Fight which has been issued a certificate of participation in the National Liberation Fight pursuant to § 8 of Act No. 255 / 1946 Coll., on the members of the Czechoslovak Army abroad and on certain other participants in the National Liberation Fight, whether or not they are citizens of the Czech Republic, are entitled to determine the percentage rate of the old-age pension under § 8 (2) to (5) of Act No. 262 / 2011 Coll., on the participants in the Resistance and Resistance to Communism, as amended by Act No. 28 / 2024 Coll.
Amendment to the Act on extrajudicial rehabilitation
Act No. 87 / 1991 Coll., on extrajudicial rehabilitation, as amended by Act No. 264 / 1992 Coll., Act No. 267 / 1992 Coll., Act No. 133 / 1993 Coll., Act No. 115 / 1994 Coll., Act No. 116 / 1994 Coll., the Constitutional Court Act No. 164 / 1994 Coll., Act No. 107 / 1995 Coll., the Constitutional Court Act No. 2 / 1997 Coll., Act No. 134 / 1997 Coll., Act No. 78 / 1998 Coll., the Constitutional Court Act No. 153 / 1998 Coll., the Constitutional Court Act No. 57 / 1999 Coll., and Act No. 351 / 1999 Coll., is amended as follows:
1. Paragraph 29 (1), including footnotes 5 and 6, is deleted.
Paragraphs 2 to 5 shall be renumbered paragraphs 1 to 4.
2. In Paragraph 29 (1), the second sentence is deleted.
3. Paragraph 29 (2) reads as follows:
"(2) Paragraph 1 shall apply only to citizens:
(a) on which the death penalty has been carried out;
(b) who died in a forced labour camp or in a labour force;
(c) who have been assigned to a camp of forced labour or centralisation monasteries with a regime similar to those of forced labour or a labour force for at least 12 months. ';
Amendment of the Law on judicial fees
In Article 11 (1) (b) of Act No. 549 / 1991 Coll., on Judicial Charges, as amended by Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll. and Act No. 151 / 2002 Coll., after the word "(security)," the words "supplement to pension, special contribution to pension," shall be inserted.
Amendment of the Income Tax Act
In Article 4 (1) of Act No. 586 / 1992 Coll., on Income Taxes, as amended by Act No. 157 / 1993 Coll., Act No. 259 / 1994 Coll., Act No. 149 / 1995 Coll., Act No. 209 / 1997 Coll., Act No. 492 / 2000 Coll. and Act No. 669 / 2004 Coll., in the sentence (g), the first word "and 'is replaced by a comma and the words" supplement (contribution) to the pension under the special legislation (c) or "and in the end (h) are added the words" to which does not include the amount of the supplement (contribution) to the pension under the special legislation (c), ";
Footnote 2c reads:
"(2c) For example, Government Decree No. 622 / 2004 Coll., on the provision of a supplement to the pension to alleviate certain injustices caused by the Communist regime in the social field, Act No. 357 / 2005 Coll., on the award of participants in the national struggle for the creation and liberation of Czechoslovakia and of some survivors after them, on the special contribution to the pension of certain persons, on the lump sum of certain participants in the national struggle for liberation between 1939 and 1945 and on the amendment of certain laws."
Amendment to the Administrative Rules of Procedure
In Article 7 (3) of Act No. 150 / 2002 Coll., the word "a 'is replaced by a comma and after the word" security' the words "and benefits under the special provisions paid together with pensions 1a 'are inserted.
footnote 1a is replaced by the following:
"(1a) For example, Government Decree No. 622 / 2004 Coll., on the provision of a supplement to the pension to mitigate certain injustices caused by the Communist regime in the social field, Act No. 357 / 2005 Coll., on the award of participants in the national struggle for the creation and liberation of Czechoslovakia and of some survivors after them, on the special contribution to the pension of certain persons, on the one-off amount of money to certain participants in the national struggle for exemption between 1939 and 1945 and on the amendment of certain laws."
Amendment of the Administrative Charges Act
In Article 8 (2) (a) of Act No. 634 / 2004 Coll., on administrative fees, the words "on a supplement to a pension and on a special contribution to a pension," shall be inserted after the words "pension insurance."
EFFECTIVE
This Law shall take effect on the day of its publication, except for Part Two, which shall take effect on 1 January 2006.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
1) Act No. 155 / 1995 Coll., on Pension Insurance, as amended.
2) Paragraph 67 of Act No. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 220 / 2011 Coll.
3) Sections 86, 89, 90, 108, 111, 112, 116 and 117 of Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended.
4) Sections 55 and 56 paragraph 1 of Act No. 155 / 1995 Coll.
5) Article 94 of Act No. 155 / 1995 Coll., Coll. 59 to 66 of Act No. 100 / 1988 Coll., on Social Security, as amended on 31 December 1995, and similar provisions of previous regulations.
6) Article 9 of Act No. 582 / 1991 Coll., as amended.
7) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations), as amended.
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Regulation Information
| Citation | Act No. 357 / 2005 Coll., on the award of participants in the national struggle for the creation and liberation of Czechoslovakia and some survivors of them, on the special contribution to pensions to certain persons, on the lump sum of some participants in the national struggle for liberation between 1939 and 1945 and on the amendment of certain laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.09.2005 |
|---|---|
| Effective from | 19.09.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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