Amendment Of The Act On Supplementary Pension Saving And Changing Contexts. The Laws Of The

Original Language Title: změna zákona o doplňkovém penzijním spoření a změna souvis. zákonů

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403/2012 Sb.



LAW



of 25 June 2002. October 2012,



amending the law No 427/2011 Coll. on supplementary pension savings, and

other related laws



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



Amendment of the Act on supplementary pension saving



Article. (I)



Law No 427/2011 Coll. on supplementary pension savings, is hereby amended as follows:



1. In section 4, paragraph 4. 2 (a). and), after the words "the commencement of payment of benefits" shall be

the words "from all the participant's resources".



2. In section 6 (1). 1, the words "at any time to terminate," shall be replaced by the words

"denounce, if he paid the levy referred to in section 19 (a). or (b)))

or about the levy referred to in section 19 (a). and), b), (e)), or (f)) asked ".



3. In section 8 to the end of the text of the letters), and (b)), and (c)), the words "from all

the participant's resources ".



4. In section 10, at the end of paragraph 1, the following sentence "in violation of the principle of

equal treatment is the provision of different amount of contribution

the employer, depending on the difficulty of risk, or an emphasis on ergonomics

of work, if it is agreed in the collective agreement or

provided for in the internal rules of the employer. ".



5. In section 15(2). 2 at the end of subparagraph (b)), the words "and the date

the birth of participant ".



6. In section 16. 3 (b). (c)) at the end of paragraph 2, the words "and the date

the birth of participant ".



7. In section 18, paragraph. 5 (a). (c)) at the end of paragraph 2, the words "and the date

the birth of participant ".



8. In section 20 (2). 1 introductory part of the provisions, the word "(c))," be deleted.



9. In section 20 (2). 1 (a). and), the words "60 years" shall be deleted and the word

"Subscriber" shall be inserted after the words "that is about 5 years lower than the age of the

required for entitlement to a retirement pension provided for under § 32

Act on pension insurance, ".



10. In section 20, paragraph 2, the following paragraph 3 is added:



"(3) a condition of entitlement of a participant to the levy referred to in section 19 (a).

(c))



and) reaching the age required for entitlement to a retirement pension

provided for under section 32 of the Act on pension insurance and



(b) the duration of the time savings) of at least 60 calendar months; contract

on the supplementary pension savings plan may provide for a longer period of time, that savings

However, shall not exceed 120 calendar months. ".



The former paragraph 3 shall become paragraph 4.



11. In section 20, the following paragraph 5 is added:



"(5) in determining the age referred to in paragraph 1 (b). and paragraph 3 (b)). and)

section 22(2). 4 (b). c) and section 23, paragraph. 6 (a). (c)), for women as it progresses

as for men, the same date of birth. ".



12. In section 22 to the end of the text of paragraph 2, the words ", or at least

2 years in the case of benefits meeting the conditions referred to in paragraph 4 "and at the end of

paragraph 2 the sentence "in the application of the dose of meeting the conditions in

paragraph 4 participant shall indicate a health insurance company, for which it is insured

According to the law governing public health insurance. The participant shall inform the

without undue delay the pension change health insurance companies,

If it occurs during the period of payment of benefits referred to in paragraph 4. ".



13. In section 22, paragraph. 3 at the end of the text of the first sentence, the words "

does not apply in the case of old-age pension for specified period of time referred to in paragraph 4 ".



14. In section 22, the following paragraphs 4 to 6 shall be added:



"(4) the pension company is required to notify the participant, health

the insurance undertaking referred to in paragraph 2 and the Czech administration of social security

not later than on the day of payment of the first instalment of the opening day of the payment

old-age pension for specified period of time, and no later than on the day of payment of the last

instalment payment the day of their old-age pension for specified period of time, if the

at the time of the commencement of payment of old-age pension for specified period of time



and the payment is at least) 30% of the average wage in the national economy

organized by the Ministry of labour and Social Affairs according to law

adjusting employment for the calendar year preceding the calendar

the year in which the payment of old-age pension began at a specified time,



(b) the payment of the instalments is agreed) in the amount of neklesající, monthly, without

to interrupt or suspend the payment options and the



(c) the payment of the instalments is laid out), so that ended as soon as possible the achievement of the

retirement age the recipient required for entitlement to an old-age

pension provided for under section 32 of the Act on pension insurance, less

3 years.



(5) the pension company shall notify the fact referred to in paragraph 4

the health insurance company and the Czech administration of social security

electronically.



(6) in the event that the resources of the participant during the payment already

not sufficient to pay the instalment referred to in paragraph 4, the pension company

It pays the remaining resources of the participant in the term for the payment of the nearest

repayment. ".



15. In section 23 is at the end of the text of paragraph 3, the words ", or at least

2 years in the case of this Board meeting the conditions referred to in paragraph 6 ".



16. In section 23 shall be added to paragraph 6 to 8 are added:



"(6) an insurance undertaking is required to notify the participant, a health insurance company

referred to in paragraph 8 and the Czech social security administration no later than the day

the payment of the first instalment of the opening day of the payment of the deferred pension or

Board on the exact time with the exact amount of the pension, and

not later than on the day of payment of the last instalment of the day their payment

Board on the exact time with the exact amount of income,

If the lifetime pension or pensions on time, with the exact

set the amount of the pension shall be paid exactly



and) so that the first instalment amounts to at least 30% of the average wage in the national

organized by the Ministry of economy, labour and Social Affairs in accordance with

the law governing the employment during the calendar year preceding the

the calendar year in which the payment of the deferred pension began or Board

the exact time with the exact amount of income,



(b)) in the amount of neklesající per month, without the possibility of the payment or the

pause and



(c)), so that the payment of instalments in respect of pension on the exact

time with the exact amount of the pension, ended as soon as possible the achievement of the

retirement age the recipient required for entitlement to an old-age

pension provided for under section 32 of the Act on pension insurance, less

3 years.



(7) the undertaking shall notify the fact referred to in paragraph 6 of the health

the insurance company and the Czech social security administration electronically.



(8) if the Board meeting the conditions referred to in paragraph 6, it shall inform the participant

When the insurance contract the insurance company health insurance, that

is insured according to the law governing public health insurance.

Participant shall notify without undue delay the insurance company change health

undertaking, if it occurs during the period of payment of benefits referred to in paragraph

6. ".



17. In section 24, paragraph. 1 (a). and the word) "participant" shall be inserted after

"under the conditions referred to in section 20 (2). 3 and if he intended parts resources

payment of benefits referred to has not been started "and the words" instead of the benefits referred to "

shall be deleted.



18. In section 27. 2 the words "(a). and (b)) or payment of benefits) was already

launched for the payment of benefits or participant asked, "shall be replaced by the words" (a).

(c)) ".



19. In section 160, the dot at the end of paragraph 3 shall be replaced by "or", and

the following point (h)), which read:



"h) breach of an obligation under section 22(2). 4. ".



20. In article 161, paragraph 1 reads:



"(1) an insurance undertaking has committed misconduct by



and conclude the insurance contract) in contravention of section 23, paragraph. 2 or 3,



(b)) violates any of the obligations provided for in § 23 paragraph. 5, or



(c) breach of an obligation under section) of the decision. 6. ".



21. In paragraph 170. 1, the words "paragraph. 2 and 8 "shall be replaced by the words ' paragraph 4 '. 1 and

7. "



PART THE SECOND



The amendment to the law on the Organization and implementation of social security



Article. (II)



Act No. 582/1991 Coll., on the Organization and implementation of social security,

as amended by law No 590/1992 Coll., Act No. 37/1993 Coll., Act No.

160/1993 Coll., Act No. 308/1993 Coll., Act No. 241/1994 Coll., Act No.

118/1995 Coll., Act No. 160/1995 Coll., Act No. 134/1997 Coll., Act No.

306/1997 Coll., Act No. 93/1998 Coll., Act No. 222/1999 Coll., Act No.

356/1999 Coll., Act No. 360/1999 Coll., Act No. 18/2000 Coll., Act No.

29/2000 Coll., Act No. 132/2000 Coll., Act No. 133/2000 Coll., Act No.

155/2000 Coll., Act No. 155/2000 Coll., Act No. 220/2000 Coll., Act No.

238/2000 Coll., Act No. 258/2000 Coll., Act No. 408/2000 Coll., Act No.

116/2001 Coll., the Act No. 353/2001 Coll., Act No. 151/2002 Coll., Act No.

263/2002 Coll., Act No. 265/2002 Coll., Act No. 309/2002 Coll., Act No.

320/2002 Coll., Act No. 518/2002 Coll., Act No. 362/2003 Coll., Act No.

424/2003 Coll., Act No. 425/2003 Coll., Act No. 453/2003 Coll., Act No.

53/2004 Coll., the Act No. 167/2004 Coll., Act No. 281/2004 Coll., Act No.

359/2004 Coll., Act No. 436/2004 Coll., Act No. 501/2004 Coll., Act No.

168/2005 Coll., Act No. 361/2005 Coll., Act No. 381/2005 Coll., Act No.

413/2005 Coll., Act No. 24/2006 Coll., Act No. 70/2006 Coll., Act No.

81/2006 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll., Act No.

161/2006 Coll., Act No. 189/2006 Coll., Act No. 214/2006 Coll., Act No.

267/2006 Coll., Act No. 342/2006 Coll., the finding of the Constitutional Court

declared under the No 405/2006 Coll., Act No. 585/2006 Coll., Act No.

152/2007 Coll., Act No. 181/2007 Coll., the Act No. 261/2007 Coll., Act No.

270/2007 Coll., Act No. 296/2007 Coll., Act No. 305/2008 Coll., Act No.

306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008 Coll., Act No.

41/2009 Coll., Act No. 158/2009 Coll., Act No. 227/2009 Coll., Act No.

281/2009 Coll., Act No. 303/2009 Coll., the Act No. 326/2009 Coll., Act No.

347/2010 Coll., Act No. 73/2011 Coll., the finding of the Constitutional Court

declared under the No 177/2011 Coll., Act No. 180/2011 Coll., Act No.

220/2011 Coll., Act No. 263/2011 Coll., Act No. 329/2011 Coll., Act No.

341/2011 Coll., Act No. 348/2011 Coll., Act No. 364/2011 Coll., Act No.

365/2011 Coll., Act No. 366/2011 Coll., Act No. 367/2011 Coll., Act No.

375/2011 Coll., Act No. 428/2011 Coll., Act No. 458/2011 Coll. and act

No 470/2011 Coll., is hereby amended as follows:



1. In article 83, paragraph. 3 the first sentence, the words "to (j))" shall be replaced by "to)".



2. In section 86, paragraph. 5 first and fourth sentence, the words "to (j))" shall be replaced by the words

"to)".



PART THE THIRD



Amendment of the Act on income taxes



Article. (III)




In section 6 (1). 9 (a). p) the introductory part of the provisions of Act No. 586/1992 Coll.

on income taxes, as amended by Act No. 149/1995 Coll., Act No. 575/2002

Coll., Act No. 362/2003 Coll., Act No. 438/2003 Coll., the Act No. 261/2007

Coll., Act No. 306/2008 Coll., Act No. 2/2009 Coll., Act No. 346/2010

Coll. and Act No. 428/2011 Coll., the amount of ' 24 ' 000 ' is replaced by ' 30

000. "



PART THE FOURTH



Amendment of the Act on pension insurance



Article. (IV)



Act No. 155/1995 Coll., on pension insurance, as amended by Act No.

134/1997 Coll., Act No. 289/1997 Coll., Act No. 218/1999 Coll., Act No.

18/2000 Coll., Act No. 118/2000 Coll., Act No. 132/2000 Coll., Act No.

220/2000 Coll., Act No. 116/2001 Coll., Act No. 188/2001 Coll., Act No.

353/2001 Coll., Act No. 198/2002 Coll., Act No. 263/2002 Coll., Act No.

264/2002 Coll., Act No. 362/2003 Coll., Act No. 424/2003 Coll., Act No.

425/2003 Coll., Act No. 85/2004 Coll., Act No. 281/2004 Coll., Act No.

359/2004 Coll., Act No. 436/2004 Coll., Act No. 562/2004 Coll., Act No.

168/2005 Coll., Act No. 361/2005 Coll., Act No. 377/2005 Coll., Act No.

24/2006 Coll., Act No. 109/2006 Coll., Act No. 189/2006 Coll., Act No.

264/2006 Coll., Act No. 267/2006 Coll., the finding of the Constitutional Court

declared under the No 405/2006 Coll., the Act No. 152/2007 Coll., Act No.

181/2007 Coll., Act No. 218/2007 Coll., the Act No. 261/2007 Coll., Act No.

296/2007 Coll., Act No. 178/2008 Coll., Act No. 305/2008 Coll., Act No.

306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008 Coll., Act No.

41/2009 Coll., Act No. 108/2009 Coll., Act No. 158/2009 Coll., Act No.

303/2009 Coll., the finding of the Constitutional Court, declared under no 135/2010 Sb.

Act No. 347/2010 Coll., Act No. 73/2011 Coll., Act No. 220/2011 Sb.

Act No. 341/2011 Coll., Act No. 348/2011 Coll., Act No. 364/2011 Sb.

Act No. 365/2011 Coll., Act No. 428/2011 Coll., Act No. 458/2011 Sb.

and Act No. 470/2011 Coll., is hereby amended as follows:



1. In section 16 is at the end of paragraph 4, the dot replaces the comma and the following

Letter to), which read:



"to receive the old-age pension) specified period of time, a lifetime pension or pensions

the exact time with the amount of the income specified by law

governing supplementary pension savings into the age required for

entitlement to a retirement pension as provided for pursuant to section 32, if you are

the fulfilment of the conditions laid down in section 22, paragraph. 4 or § 23 paragraph. 6 Act No.

427/2011 Coll. on supplementary pension savings. ".



2. In section 16. 8 the first sentence, the words "to (j))" shall be replaced by "to)".



PART THE FIFTH



Amendment of the Act on public health insurance



Article. In



Act No. 48/1997 Coll., on public health insurance and amending and

supplementing certain related laws, as amended by Act No. 242/1997

Coll., Act No. 2/1998 Coll., Act No. 127/1998 Coll., Act No. 225/1999

Coll., Act No. 363/1999 Coll., Act No. 18/2000 Coll., Act No. 132/2000

Coll., Act No. 155/2000 Coll., the finding of the Constitutional Court, declared under no.

167/2000 Coll., Act No. 220/2000 Coll., Act No. 258/2000 Coll., Act No.

459/2000 Coll., Act No. 176/2002 Coll., Act No. 198/2002 Coll., Act No.

285/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll., Act No.

222/2003 Coll., Act No. 274/2003 Coll., Act No. 362/2003 Coll., Act No.

424/2003 Coll., Act No. 425/2003 Coll., Act No. 455/2003 Coll., Act No.

85/2004 Coll., Act No. 359/2004 Coll., Act No. 422/2004 Coll., Act No.

436/2004 Coll., Act No. 438/2004 Coll., Act No. 123/2005 Coll., Act No.

168/2005 Coll., Act No. 253/2005 Coll., Act No. 350/2005 Coll., Act No.

361/2005 Coll., Act No. 47/2006 Coll., Act No. 109/2006 Coll., Act No.

112/2006 Coll., Act No. 117/2006 Coll., Act No. 165/2006 Coll., Act No.

189/2006 Coll., Act No. 214/2006 Coll., Act No. 245/2006 Coll., Act No.

264/2006 Coll., Act No. 340/2006 Coll., the finding of the Constitutional Court

declared under the No 57/2007 Coll., Act No. 181/2007 Coll., Act No.

261/2007 Coll., Act No. 296/2007 Coll., Act No. 129/2008 Coll., Act No.

137/2008 Coll., Act No. 270/2008 Coll., Act No. 274/2008 Coll., Act No.

306/2008 Coll., Act No. 59/2009 Coll., Act No. 158/2009 Coll., Act No.

227/2009 Coll., Act No. 281/2009 Coll., Act No. 362/2009 Coll., Act No.

298/2011, Act No. 365/2011 Coll., Act No. 369/2011 Coll., Act No.

458/2011 Coll. and Act No. 1/2012 Coll., is hereby amended as follows:



1. In section 7 at the end of paragraph 1, the period is replaced by a comma and the following

the letter q):



"q) recipients of old-age pension for specified period of time, a lifetime pension or pensions

the exact time with the amount of the income specified by law

governing supplementary pension savings into the age required for

entitlement to old-age pension pursuant to section 32 of the Act on pension

insurance, subject to the conditions set out in section 22, paragraph. 4 or §

23 paragraph. 6 Act No 427/2011 Coll. on supplementary pension savings; When

the determination of this age in women, as well as in men of the same

the date of birth. ".



2. In article 7 (2). 2, after the words "to (i))", the words "and q)".



PART SIX



The EFFECTIVENESS of the



Article. (VI)



This law shall enter into force on 1 January 2005. January 2013.



Němcová in r.



Klaus r.



Nečas in r.

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