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.