274/2013 Sb.



LAW



of 22 March. August 2013



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

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

social security, as amended



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



Amendment of the Act on pension insurance



Article. (I)



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 SB., law 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.

Act No. 470/2011 Coll., Act No. 314/2012 Coll., Act No. 401/Sb.

Law No. 403/2012 Coll. and Act No. 463/2012 Coll., is hereby amended as follows:



1. the Above § 106a shall be inserted before the heading "some of the top-up allowance

Czech and Slovak poživatelům of the retirement pension ".



2. section 106a added:



"§ 106a



(1) a claim for the top-up allowance has been granted to the beneficiary, which

old-age pension from the Czech insurance (hereinafter referred to as "the Czech pension"),

If



and before 1.) January 1993 at least 25 years of the Czechoslovak period

insurance, for which he was 31. December 1992 granted an old-age

pension of the Slovak pension insurance (hereinafter referred to as "Slovak

old-age pension "); in this Act for the purposes of dorovnávacího addition

for the Czechoslovak period of insurance shall be considered as periods of employment and replacement

periods completed before the 1. January 1993 by the Czechoslovak legal

legislation and the Czechoslovak period of insurance shall be included in the range, in

What is counted according to the legislation of the Czech Republic effective to

the date, from which he was awarded the Czech pension,



(b)) in the period from 1. January 1993 to 31 December 1994. December 1995 at least 1 year

periods of insurance under the legislation of the Czech Republic; for the purposes of

the fulfilment of this condition in the insurance periods do not include spare time



(c) old-age pension) Czech and Slovak old-age pension is paid to the

the date on which the beneficiary requesting the granting of dorovnávacího added, and



(d)) of the above dorovnávacího the addition of the date has, from which the beneficiary requesting

his confession, a positive value.



(2) the amount of the dorovnávacího addition, in his confession shall be

the difference between the amount of the retirement pension which would have belonged to the policyholder,

If the insurance periods completed after 31 December 2006. December 1992 in accordance with the legal

the laws of the Czech Republic was attributed to the Czechoslovak period of insurance

(hereinafter referred to as "notional amount of the retirement pension") and the sum paid

Czech and Slovak to the retirement pension paid to a retirement pension

the equivalised to the Czech currency. If any of these old-age

pensions paid in a lower amount of due to the overlapping claim to the payment of another

retirement or due to employment or other reason

provided for by law, shall be applied in determining the amount of the dorovnávacího

the addition of the amount of the retirement pension which would have belonged to, if this

reduction in the amount of the retirement pension for these reasons. When converting

the retirement pension paid to the Slovak currency according to the sentence

First, the rate of the Czech Crown against the euro announced by the Czech national

the Bank, for the first day of the calendar month in which the day falls, from which the

with the addition of a top-up grants.



(3) the notional amount of the retirement pension shall be determined on the date, from which it was

granted the Czech pension. If the top-up is the addition of the reserved

from a later date than the date on which it is granted, the Czech retirement

pension, raises the hypothetical amount of old-age pension under the legislation of

the regulations governing the raising of pensions in the period from the date on which it was

granted the Czech pension, to date, from which the top-up allowance

She admits. ".



3. § 106a, the following new section 106b and 106c are inserted:



"section 106b



(1) the amount of the dorovnávacího addition, newly establishes the date of 31. January

each calendar year; This does not apply, if the top-up allowance

granted, from the date falling within the period of 1. January to 31. in January of the same

of the calendar year. In determining the amount of the addition of the new dorovnávacího

based on the amount of the retirement pension paid to Czech and from above

the Slovak old-age pension paid at 31 December. January

the calendar year and the amount of the retirement pension of the hypothetical fixed

According to § 106a, paragraph. 2 and 3 and adjusted in accordance with the legislation on raising

pensions in the period from the date of award of dorovnávacího addition to 31 December 2004.

January of the calendar year; the provisions of § 106a, paragraph. 2 the second sentence applies here

Similarly. The top-up allowance in a new amount of the allowance shall be paid by the installment of the Czech

the retirement pension payable in April of the calendar year, which shall be

new addition to dorovnávacího above, the installment of the Czech pension

due in March of the following calendar year. When converting

the retirement pension paid to the Slovak into Czech currency for the purposes of

the determination of the amount of the addition of the new dorovnávacího is the rate of the Czech Crown

against the euro announced by the Czech National Bank for 1. January calendar

year, which provides for the addition of the new dorovnávacího above.



(2) If, as a result of changes to the amount paid to the Czech retirement

income or the amount of the retirement pension paid to Slovak

the equivalised to the Czech currency top-up allowance had a positive value

the payment claim shall lapse on the dorovnávacího the addition of installment of the Czech

the retirement pension payable in April of the calendar year on a time in installments

This pension payable in March of the following calendar year. If

entitlement to payment of dorovnávacího added disappeared under the first sentence in the

period 3 immediately following calendar years, shall be entitled to

the top-up allowance shall cease on 31 December 2000. January, the last of these

calendar years.



(3) shall be paid to the top-up allowance shall not be paid because the Czech

old-age pension or Slovak old-age pension (section 106c (1)),

determine the amount of the addition of the new dorovnávacího from the date of payment of the recovery

the Czech retirement pension or old-age pension. When

the determination of the amount of the addition of the new dorovnávacího of the above

the retirement pension paid to the Czech and Slovak from the amount paid to

old-age pension on the date of payment of the renewal of the Czech pension

or the retirement pension and old-age from the hypothetical above

the pension provided for by § 106a, paragraph. 2 and 3, plus a possible additional

gainful employment pursued without receipt of the Czech pension

(article 34, paragraph 2 and article 36, paragraph 2) and adjusted in accordance with the legislation of the

increasing income in the period from the date of award of dorovnávacího addition to the

the date of payment of the renewal of the Czech pension; the provisions of § 106a

paragraph. 2 the second sentence applies here mutatis mutandis. When converting paid

the Slovak into Czech currency the retirement pension for the purposes of establishing a new

the amount of the dorovnávacího addition, the rate of the Czech koruna against the euro

announced by the Czech National Bank on the first day of the calendar month, in

which provides for the addition of the new dorovnávacího above.



§ 106c



(1) the top-up allowance shall be paid only if it belongs to a payout of the Czech

the retirement pension and old-age pension from the Slovak.



(2) shall be paid to the Czech retirement pension of half under section 37

paragraph. 1 or in the amount of half the percentage of acreage under section 59, shall be paid

the top-up allowance of half.



(3) the top-up allowance shall be paid together with the Czech retirement and

in the same manner as the pension.



(4) On the top-up allowance for the purposes of sections 58 and 59, and for other purposes

the legislation looks like it was part of the old-age pension.



(5) the provisions of § 54, 55, § 56 paragraph. 1, § 62 and 63 shall apply for top-up

the addition of appropriately. ".



Article. (II)



Transitional provisions



1. the right to the top-up allowance arises as soon as possible on the date of entry into force of

This law, even if the conditions laid down for entitlement to

the top-up allowance have been met before that date.



2. The measures referred to in the provisions of the article. XIII second sentence of law no 428/2011

Coll., amending certain laws in connection with the adoption of the law on

retirement savings and the Act on supplementary pension savings, as amended by

effective until the date of entry into force of this Act, shall remain subject to the conditions

referred to in this provision intact. If, however, was the top-up

the addition of higher than the implementation provided by these measures,

instead of filling the top-up allowance claim for performance according to these

the measures shall cease on the date on which he was granted the top-up bonus.



PART THE SECOND



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



Article. (III)



Act No. 582/1991 Coll., on the Organization and security, prováděnísociálního

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., Act No.

470/2011 Coll., Act No. 167/2012 Coll., Act No. 399/2012 Coll., Act No.

401/2012 Coll. and Act No. 403/2012 Coll., is hereby amended as follows:



As part of the eighth the following new part nine, including title and

footnote No. 76:



"PART OF THE NINTH



THE MANAGEMENT AND RESPONSIBILITIES IN MATTERS OF DOROVNÁVACÍHO THE ADDITION OF SOME

POŽIVATELŮM CZECH AND SLOVAK OLD-AGE PENSION



§ 123h



(1) the addition of liable according to the law on pension related

insurance ^ 76) decide social security institutions, which paid

old-age pension, with whom he has the addition of a top-up pay; These

the authorities are also responsible for the payment of dorovnávacího.



(2) the top-up allowance is granted on the basis of application, which is

filed with the social security body, which is responsible for the granting of

dorovnávacího added. If it is liable to decide on the addition of

the relevant Czech social security administration, you can request a return

dorovnávacího addition to submit also any District Social

Security; the District Social Security Administration is required to this

the request shall immediately refer the Czech social security administration. If

a claim for dorovnávacího addition rejected only because of that

the top-up allowance would be the date from which his return is required,

did not have a positive value, it can be a new application for admission dorovnávacího

the addition of the lodge, if only in the new application as the date from which you want to

the top-up allowance granted, given day 31. January one

the calendar year following the calendar year in which the day falls, from which the

be required to return the previous request dorovnávacího addition;

This new request may be submitted not more than twice. If the new request

filed pursuant to the sentence of a third listed a day other than a day provided for in the third sentence,

or in the case of the third, and other submission of such a request, the authority of the social

control security on this application.



(3) in paragraphs 1 and 2 unless otherwise specified, shall apply for the management of

in matters dorovnávacího the addition of provisions in

pension insurance matters. The provisions on the management in the administrative

the judicial system in matters of pension insurance for things dorovnávacího

addition shall apply mutatis mutandis.



(4) the Minister of labour and Social Affairs and in the scope of its competence the Ministers

referred to in section 9 (2). 3 can remove hardness, which would have occurred

in the implementation of the provisions of § 106a to 106c of the Act on pension insurance;

the provisions of section 106 applies while similarly.



§ 123i



(1) the recipient dorovnávacího the addition of is obliged to inform and demonstrate to payers

dorovnávacího addition to his challenge of the amount of the retirement pension

paid from the Slovak pension insurance on the date from which the

provides a new level of dorovnávacího addition under section 106b of the law on

pension insurance. When failure to comply with this obligation within the time limit laid down

liable for payment of the dorovnávacího addition, the addition of dorovnávacího

stop if the recipient was a dorovnávacího the addition of a call to this

results in a warning; If this requirement is met, additional top-up

the addition is payable from the date on which the payment is due. If it is not

This obligation is fulfilled within 3 years from 31. January of the calendar year in

which was the last top-up allowance paid, claims

the top-up allowance on 31 December. last January of the following calendar

years.



(2) the provisions of § 50, section 51, paragraph. 1 and section 53, paragraph. 1 and 3 shall apply mutatis mutandis,

with respect to the obligations of the recipient of the dorovnávacího addition and of filing in

matters dorovnávacího added.



§ 123j



If he was paid to top-up allowance and were not met

the conditions for the payment provided for in § 106c paragraph. 1 of the law on

pension insurance, payer has dorovnávacího addition to the person

that was the top-up allowance paid, entitled to a refund of those

disbursements dorovnávacího addition, nenáležely; the provisions of the

section 118a, paragraph. 3 and 4 apply here mutatis mutandis.



76) § 106a to 106c Act No 155/1995 Coll., as amended

regulations. ".



Part the ninth as part of the tenth.



PART THE THIRD



The EFFECTIVENESS of the



Article. (IV)



This Act shall take effect on the first day of the third calendar month

following its publication.



Němcová in r.



Zeman in r.



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