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
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
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.
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
(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,
(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
(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
(6) a claim for pension participant companies arising from its
participation in retirement savings cannot affect the performance of a decision or
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.
From the date of the entry of pension funds into liquidation cannot change strategy
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
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
(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.
(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.
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.
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
(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.
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.
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
(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.
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
(3) in administering the funds on the account of the outstanding resources
in accordance with the tax code.
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.
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.
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 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
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.
The demise of arrears
(1) on 1 January 2005. October 2016 arrears on premiums cease at retirement
(2) on the Accesories insurance, paragraph 1 shall not apply.
PART THE FOURTH
PAYMENT OF PREMIUMS TO THE PENSION INSURANCE
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.
(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
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
(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.
(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.
(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
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.
(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
(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).
(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
TRANSITIONAL PROVISIONS AND CANCELLATION
(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.
(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
(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.
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
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.
The EFFECTIVENESS of the
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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