About Their Retirement Savings

Original Language Title: o ukončení důchodového spoření

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376/2015 Sb.



LAW



of 10 June 1999. December 2015



about their retirement savings



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



THEIR RETIREMENT SAVINGS



§ 1



The subject of the edit



This law governs their pension savings, according to the law

No 426/2011 Coll., on pension savings, as amended,

(hereinafter referred to as the "law on pension savings") and related obligations

pension company, the depositary of the Pension Fund, insurance Manager

on retirement savings (hereinafter referred to as "premiums"), the rights and

the obligations of the participant's retirement savings (hereinafter referred to as "participant") and performance

supervision.



§ 2



Relation to the law on retirement savings



(1) when leaving the pension savings as

the law on retirement savings, if this law provides otherwise.



(2) in the central register of contracts could not register the contract on pension

savings and insurance contract of the insurance income.



(3) the pension company is not obliged to update the information referred to in

the Statute of pension fund related to the obligations laid down in this

by the law.



§ 3



The claims of the participant



(1) a participant is entitled to payment of the participant



and it referred to) account for the person authorized to provide payment

services, or delivery through the mail the voucher, or



(b)) transfer to his supplementary pension savings, according to the law

governing supplementary pension savings or pension insurance with

State contribution under the law governing pension insurance with

State contribution.



(2) until 30 June 1998. September 2016, the participant shall inform the pension company

your name, social security number or date of birth, if it has not been assigned at birth

the number of the chosen method of payment the participant and



and) account number with the person authorised to provide payment services to which

the participant's funds are to be transferred, or the address to which they have

be delivered through the mail means the Subscriber's certificate,

or



(b)) the account number specified for the receipt of contributions to supplementary pension

savings or pension insurance with State contribution pension

the company, with which the participant has a concluded contract on the supplementary

pension savings or pension insurance, and the number thereof.



(3) If a contract on supplementary pension savings or pension

insurance with State contribution is the same pension

the company, the communication referred to in paragraph 2, in which the party has chosen to

referred to in paragraph 1 (b). (b)), can be sent in the manner agreed with the pension

companies.



(4) in the case of a transfer to an account abroad by persons authorised to provide

the payment service or delivery through the mail the card has

pension company is entitled to reimbursement of the costs incurred by efficiently with

United, in an amount that exceeds the cost of transfer to an account in the Czech

Republic for persons authorised to provide payment services. Of these costs

reducing paid means the participant pursuant to section 11 (1). 2.



(5) if the pension company is delivered before the date 1. October

2016 a challenge under section 15, paragraph. 1 or of the communication under section 15(2). 5 of the law on

retirement savings, this call has precedence over the communication or communication

a participant referred to in paragraph 2. In the case of a challenge under section 15, paragraph. 1 of the law on

pension savings, the first sentence shall apply only to the 60% of the funds

participant.



(6) a claim for pension participant companies arising from its

participation in retirement savings cannot affect the performance of a decision or

executions.



§ 4



The death of a participant in the savings time



Pension company pays the heirs to the corresponding participant resources

inheritance of the share pursuant to a court decision on the inheritance, which has acquired the

may, within 1 month from the date of the heir in writing asked.



§ 5



Savings strategies



From the date of the entry of pension funds into liquidation cannot change strategy

savings.



§ 6



Notification of participants



(1) the Pension company is obliged to to 31 March. March 2016 to send

a participant notice about how their retirement savings.



(2) the notification referred to in paragraph 1 shall include in particular information on



and the method and time limit) payment of the participant,



(b) the obligations of a participant in writing) of the pension company selected

the method of payment and account number of the person authorised to provide payment

services, or address, or pension company and the account number specified for

income contributions to the supplementary pension savings or pension

insurance with State contribution and the number of the contract relating to the supplementary

pension savings or pension insurance with State contribution and

name, social security number or date of birth of the participant, if assigned

social security number,



(c) the time limit for the submission of the communication) in accordance with point (a) (b)),



(d)) of the company for the payment of the pension law efficiently incurred costs

associated with the bank transfer to the account abroad for persons authorized to provide

the payment service or delivery through the mail the voucher,



e) change the way investment of pension funds,



(f) to pay for more insurance options) pension insurance for the period of participation in the

retirement savings,



g) transfer of funds to an account specified by the administrator and

possibilities for the Subscriber to ask the Manager for the payment of insurance funds

participant.



(3) a pension company shall publish the information referred to in paragraph 2 until 31 December 2006.

March 2016 also on their website.



section 7 of the



Listing of retirement savings



(1) the listing of retirement savings for calendar year 2015 is pension

the company shall send free of charge to the participant not later than 31 March 2004.

March 2016.



(2) the Statement of the pension savings for the calendar year 2016 is pension

the company shall send free of charge to the participant only in the case that the

the data differs from the information contained in the statement sent pursuant to section 11 (1). 3.



§ 8



Investment of pension funds



(1) the pension company when investing the resources of participants in

pension funds progresses so that no later than the date of entry

pension funds in the liquidation of the funds were invested participants

only in the case of regulated banks deposits under the law on pension savings.



(2) deposits with one regulated banks may not exceed 35%

the value of the assets in the pension funds.



(3) the extent of fulfilment of the obligations under paragraphs 1 and 2 is not the way

the investment provided for in the Statute of the Pension Fund for pension

the company binding.



§ 9



Remuneration of the pension company



(1) the costs of the pension company relating to the negotiations referred to in this

the law shall be borne by the company in accordance with the law the remuneration to pensions of retirement

savings.



(2) from the date of the entry of pension funds into liquidation not remuneration for

management of the assets in the pension funds shall not exceed 0.3% of the funded

equity in accordance with the law on pension savings.



§ 10



Liquidation of pension funds



(1) the authorisation to create pension funds shall expire 30 June. June 2016.

The demise of the authorization to create pension funds pension fund

repealed and shall enter into liquidation.



(2) payment of the pension fund lapse all funds of participants under section

11. 1 and 4.



§ 11



Payment of the participant's resources



(1) the company shall pay to the participant's pension funds participant

as indicated in the communication pursuant to § 3 (2). 2 first day 15. October

2016. The payment of the funds of the participants closes until 31 December 2006. December 2016.



(2) the pension company first one working day before the date of

payment of the participant to write down of assets subaccount pension

units and on the participant's sub-account of the cash credit sum

the corresponding number of written-off retirement units multiplied by the current

the value of the pension units of the Pension Fund.



(3) a pension company without undue delay after the disbursement of the funds

the participant shall send a participant free of charge listing retirement savings.



(4) in the event that the participant's resources have not been paid within the time limit, and

in the manner referred to in paragraph 1, shall pay the pension company without undue

the postponement of the remaining resources of the participants to an account designated by the administrator and

inform it about what part of those resources goes to

individual participants.



(5) the extent to which the funds were paid to the participant, on behalf

specified by the administrator of insurance claims to payment of the participant's

pension funds participant against the company.



(6) the legal relationship of the Treaty on the payment of the retirement savings expires

all of the resources of the participant pursuant to paragraph 1 or 4.



§ 12



Account of the outstanding resources



(1) the insurance Manager converts the resources per participant

account of the outstanding resources of the participant.



(2) an account of the outstanding resources of the participant's personal tax account

participant.



(3) in administering the funds on the account of the outstanding resources

in accordance with the tax code.



section 13



The depositary of the Pension Fund



(1) the depositary of the pension fund checks whether the pension company

disposes of the assets in the Pension Fund in accordance with this Act.



(2) in violation of this Act by the pension companies to

the depositary shall apply, mutatis mutandis, the law on pension savings.



§ 14



Merge pension funds



Pension company, to which it was transferred to the management of all

pension funds other pension company is not obliged to request the

to enable merging pension funds.



§ 15



Annual report of the



In the annual report for the year 2016, the pension company stating the final report

on the progress of the liquidation.



section 16 of the



Retention of documents and records



Pension company must keep the documents and records referred to in section 31 of the Act

about retirement savings after a period of 10 years from the date of dissolution of the Pension Fund.

This also applies to its legal successor, and also for the person that has been

the activities of the pension company permit withdrawn.



PART THE SECOND



SUPERVISION



§ 17



Supervision of compliance with the obligations of the company and of the depositary of a pension

the pension fund under this Act shall be exercised by the Czech National Bank. When

the performance of supervision pursuant to this Act shall apply the law on pension

the savings similarly.



PART THE THIRD



THE DEMISE OF INSURANCE ON RETIREMENT SAVINGS



section 18



Determination of insurance premiums



(1) from 1 January 2004. October 2016 cannot determine the premium to the retirement savings


and prescribe the premium accessories.



(2) from 1 January 2004. September 2016 could not submit a proper or additional insurance

claims to premiums to pension savings.



§ 19



The demise of arrears



(1) on 1 January 2005. October 2016 arrears on premiums cease at retirement

savings.



(2) on the Accesories insurance, paragraph 1 shall not apply.



PART THE FOURTH



PAYMENT OF PREMIUMS TO THE PENSION INSURANCE



section 20



A participant may during its participation in retirement savings in the period before the

the year 2016 payable the premium to the Pension Insurance Act modified

premiums for social security and a contribution to State policy

employment if he has fulfilled the condition set out in section 23, paragraph. 1 sentence

the first. Insurance on pension insurance can be upgraded only after all the time

participation in the retirement savings plan before the year 2016.



section 21



(1) the balance of premiums to the pension insurance under section 20 for



and 60% of the employees) insurance premiums on pension savings, which was

pension savings insurance payer are removed,



(b) the employee who did not) the payer of insurance on retirement savings

referred to in section 2 of the Act on pension insurance contributions to savings, and employee

who is obliged to pay the premium to the retirement savings plan under section 31

the law on insurance on retirement savings, 60% of the insurance premiums to the pension

the savings that the employee was obliged to pay premiums to the Manager

pension savings,



c) self-employed persons: 3% of the total bases

for the pension insurance premiums and contribution to State policy

employment for the calendar years in which, at least for part of the year was

retirement savings, and at this time insisted exercise independent

employment, which should be paid pension premiums

insurance,



(d) the person voluntarily sympathetic) pension insurance 3% of the total

bases for premiums to the pension insurance for the calendar

the month in which it took participation in retirement savings, from which it was

paid premiums to the pension insurance.



(2) the balance of premiums to the pension insurance scheme provided for by paragraph

1 (a). and shall be reduced by the amount) in the amount of 3% of the assessment base

employee for premiums to the pension insurance, if the staff was

for the period of participation in retirement savings from his downed income, which

the employer had disposed of, pension insurance premiums amounting to 6.5% of the

the assessment base and the excess on the insurance on pension insurance

the employer was not returned. The balance of the premium to the pension insurance

is adjusted according to the first sentence only at the request of the employee, accompanied by a

confirmation of the employer that the overpayment was not

returned to the employer.



(3) an employee for the purposes of this Act, means a natural person who

is the taxpayer pension insurance premiums on the basis of § 3 (3). 1

(a). (b)) and section 25 of the Act on social security and the contribution of the

the State employment policy. The amount of the supplement to the pension insurance

shall be rounded to the whole of the Crown downwards.



section 22



(1) the balance of premiums to the pension insurance under section 21 can be paid

by 29. December 2017.



(2) the method of payment of the insurance premiums for the supplementary pension insurance

apply section 19 of the Act on social security and a contribution to

State employment policy, by analogy with the fact that the balance will be paid on

the account specified by the District Social Security Administration.



(3) if the balance of the premium to the pension insurance paid after

the expiry of the period referred to in paragraph 1, or if it is paid within this period

in the lower amount, the amount paid shall be considered for overpayment; for overpayment

shall be considered as also the amount paid above the correct amount of the supplement. For

return the overpayment referred to in the first sentence shall apply to section 17 of the law on insurance

on social security and a contribution to the State employment policy

Similarly, with the fact that the deadline for the repayment of an overpayment that arose as a result of

the fact that the balance within the time limit referred to in paragraph 1 has been paid in the lower

the amount begins to run at the earliest on 30. December 2017.



section 23



(1) a party who wants to pay the balance of the premium to the pension

insurance is required within 30. June 2017 on a form issued by the

The Czech social security administration to ask the district administration of social

security, in whose territorial jurisdiction has permanent residence, on the communication from the above

This supplement. Request for disclosure of the amount of the supplement shall be deemed to have been filed

in time, if it was the last day of this period, the postal consignment containing

application is made to the transport. For requests received after this deadline will

be taken into account.



(2) the District Social Security Administration shall, within 90 days from the date of

receipt of the application in writing to him the amount of the participant's supplementary insurance

to the pension insurance and the time limit and method of payment of the supplement; u

applications submitted before 1. January 2017, after the date of receipt of the request

considers this day. This communication is delivered into their own hands.



(3) the information needed for the determination of the amount of the supplement to the premium for the

pension insurance for the employee, shall notify the district administration of social

the locally competent tax administrator of the revenue, and it

not later than 45 days from the date of receipt of the request. If the application is filed

referred to in paragraph 1, the party who at the time of participation in retirement savings

He was a soldier by profession or in the staff of the ratio of a

the Security Corps communicated the following information of the district administration of social

security authorities referred to in section 25 of the Act on social

Security and contribution to the State employment policy, and

not later than 45 days from the date of receipt of the request.



(4) the request referred to in paragraph 3 of the District Social Security Administration

indicate the name of the person who was the taxpayer pension premiums

savings, the participant's date of birth, social security number or, if not

the participant assigned a social security number, a unique number assigned to the payer by the administrator

pension savings insurance, residence, identification

the details of his employer and an indication of the onset and termination of employment

period of employment; the employer's identification data for legal

person means the name, registered office and identification number, if

assigned, and the natural person's name, social security number, or date

the birth, if the natural person assigned a social security number, and address of the place of

the stay.



section 24



If a participant does not agree with the amount of supplementary pension insurance

insurance communicated pursuant to § 23 paragraph. 2, may, within 30 days from the date of receipt of the

This communication apply in writing for the social security administration district

the issue of the decision on the amount of the supplement; in this application, the participant is obliged to

the reasons of your disagreement. This decision is the district administration

social security shall issue no later than 60 days from the date of

the delivery of the request, the Subscriber of the release decision. The district administration

social security is empowered to ask the appropriate administrator

income tax and the authorities referred to in section 23, paragraph. 3 last sentence about the handouts

for this decision; the locally competent tax administrator of the income and the

the authorities are obliged to the District Social Security Administration

send without undue delay, at the latest within 30 days. The period referred to in section

22 paragraph 1(b). 1 shall be extended by the period during which it took control of release

the decision referred to in the first sentence, about the time it took for the proceedings before the

the Court in the context of judicial review of the decision, and about the time that was

exceeded the period referred to in section 23, paragraph. 2 the first sentence.



§ 25



(1) the District Social Security Administration shall forthwith in writing

inform the participant, when the balance of the premium to the pension

insurance paid and in what amount, and about the consequences of what has for him

proper payment of this supplement.



(2) for the submission of applications, the participant shall apply paragraph § 123e. 2 and 3 of the law

on the Organization and implementation of social security apply mutatis mutandis. The district administration

social security may submit an application in electronic form

in a manner enabling remote access, or in any other way agreed with the

the locally competent tax administrator of the revenue and the authorities referred to in section 25

the law on social security and a contribution to the State

employment policy; This also applies to the provision of data and supporting documents

the district administrations of social security.



(3) the administrator of the central register of contracts is obliged to inform the Czech administration

social security of their registration data on persons participating in the

retirement savings to the extent necessary for the purpose of keeping a register

policyholders, and this means that allow remote access or other

in an agreed manner.



(4) If a participant in the pension savings, the soldier from the profession or in a

the staff member of a proportion of the Security Corps, shall communicate the information about

payment of the balance due premiums to the pension insurance, the district administration

social security, the Ministry of Defense, Ministry of Interior, or

The Ministry of Justice.



PART THE FIFTH



ADMINISTRATIVE OFFENCES



section 26



Administrative offences



(1) the pension company has committed misconduct by



and the participant or neuveřejní) notifies the fact pursuant to section 6,



(b)) has not sent statement on pension savings under section 7,



(c) fails to fulfil any of the obligations) under section 8,



(d)) at cost under this Act or to the determination of the amount of the remuneration

for the management of progresses in contravention of section 9,



(e)) does not pay the funds of participants in accordance with § 11 (1). 1, 2, and 4,



(f)) when the resources of participants in contravention of section 11 (1).

2,



(g) a statement of the pension savings does not send) under section 11 (2). 3,



(h)) transfer to an account specified by the administrator of the insurance proceeds in the conflict with the

§ 11 (1). 4,



(I) fails to comply with the obligation to) under section 15, or



(j)) does not retain documents and records in accordance with section 16.



(2) the depositary of the Pension Fund has committed misconduct by

progresses in breach of section 13.



(3) the legal successor of the pension company or person that has been

authorization for the activities of the company, the pension is withdrawn by the administrative

tort that does not retain documents and records in accordance with section 16.



(4) in the administrative offence under paragraphs 1 to 3 shall be imposed a fine of up to 10

0000 0000 Czk.



section 27 of the



Common provisions in administrative deliktům



(1) a legal person under the administrative tort does not match, if he proves that


made every effort, that it was possible to require that the infringement of the

a legal obligation.



(2) in determining the acreage of the fine legal person shall take into account the seriousness of the

the administrative tort, in particular to the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(3) administrative offences under this law are heard at first instance

The Czech National Bank.



(4) liability of legal persons for the administrative offence shall cease, if the

The Czech National Bank on him to initiate proceedings within one year from the date of

It learned, but not later than 5 years from the day when it was committed.



(5) the income from fines imposed under this Act, the income of the State

the budget.



PART SIX



TRANSITIONAL PROVISIONS AND CANCELLATION



section 28



Transitional provisions



(1) the legal relationship of the contract on pension savings, which was

registered in the central register of contracts prior to the date of entry into force

This law shall be governed by the provisions of this Act. The emergence of this

the legal relationship is assessed in accordance with the existing legislation.



(2) For the insurance obligations for pension savings for

the insurance period before the date of entry into force of this law, as well as

the rights and obligations associated with them, shall apply the law no 397/2012

Coll. on insurance on retirement savings, in the version effective before the date 1.

January 2016.



(3) the authority shall carry out a specialized financial obligations relating to the

The central register of contracts under Act No. 426/2011 Coll., on pension

savings, as amended effective from 1 January 2006. January 2016, until 31 December 2006. December

2026.



(4) the insurance contract the insurance income registered in the Central

registry contracts before the date 1. January 2016 is governed by law No. 426/2011

Coll., on pension savings, in the version effective before the date 1. January 2016,

unless the parties agree otherwise. Pensions of this insurance

the contract shall be paid and the increase under the legislation effective before the

on 1 January 2005. January 2016.



(5) the obligations of the insurance company pursuant to section 22 and 23 of Act No. 426/2011 Coll.

pension savings, in the version effective before the date 1. January 2016, is governed by the

Act No. 426/2011 Coll., as amended by the effective date 1. January 2016.



(6) the administrative proceedings initiated by Act No. 426/2011 Coll., on pension

savings, in the version effective before the date 1. January 2016 shall be completed according to the

Act No. 426/2011 Coll., as amended by the effective date 1. January 2016.



(7) the administrative proceedings initiated by Act No. 426/2011 Coll., on pension

savings, as amended effective from 1 January 2006. January 2016 shall be completed according to the

Act No. 426/2011 Coll., as amended effective from 1 January 2006. January 2016.



section 29



Cancellation provisions



Shall be repealed:



1. Act No. 426/2011 Coll., on pension savings.



2. Law No. 397/2012 Coll. on insurance on retirement savings.



3. The third part of the Act No. 399/2012 Coll., amending laws in connection with the

the adoption of the law on insurance on retirement savings.



4. Part five of law No. 399/2012 Coll., amending laws in connection with the

the adoption of the law on insurance on retirement savings.



5. Part of the twenty-ninth of law no 241/2013 Coll., amending certain laws

in connection with the adoption of the law on investment companies and

investment funds and the adoption of the directly applicable European regulation

the Union relating to the settlement of some derivatives.



6. Part Eleven of the legal measures the Senate no 344/2013 Coll., amending

tax laws in the context of the new codification of private law and amending

Some laws.



7. Decree No. 423/2012 Coll., on raising pensions paid from the insurance

the contract of insurance.



8. Decree No. 40/2013 Coll., on details of the offer of insurance.



PART SEVEN



The EFFECTIVENESS of the



section 30



This law shall enter into force on 1 January 2005. January 2016, with the exception of section 29 points

1, 3 and 5, which shall take effect on 1 January 2005. January 2018.



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