582/1991 Coll.
LAW
Czech National Council
Dated December 17, 1991
About the organization and implementation of social security
Change: 590/1992 Coll., 37/1993 Coll.
Change: 160/1993 Coll.
Change: 307/1993 Coll.
Change: 241/1994 Coll.
Change: 118/1995 Coll.
Change: 118/1995 Coll., 160/1995 Coll.
Change: 134/1997 Coll., 306/1997 Coll.
Change: 93/1998 Coll.
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Coll., 411/2000 Coll.
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Change: 133/2000 Coll., 151/2002 Coll., 320/2002 Coll., 518/2002 Coll.
Change: 424/2003 Coll. (Part)
Change: 424/2003 Coll., 425/2003 Coll.
Change: 453/2003 Coll., 53/2004 Coll.
Change: 167/2004 Coll.
Change: 281/2004 Coll.
Change: 359/2004 Coll.
Change: 436/2004 Coll.
Change: 168/2005 Coll.
Change: 424/2003 Coll. (Part)
Change: 361/2005 Coll.
Change: 501/2004 Coll., 381/2005 Coll., 413/2005 Coll.
Change: 24/2006 Coll.
Change: 109/2006 Coll. (Part)
Change: 70/2006 Coll.
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Change: 109/2006 Coll.
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Change: 585/2006 Coll.
Change: 81/2006 Coll., 109/2006 Coll. (Part), 112/2006 Coll., 189/2006 Coll.
(Part)
Change: 152/2007 Coll.
Change: 181/2007 Coll.
Change: 261/2007 Coll. (Part)
Change: 270/2007 Coll.
Change: 152/2007 Coll. (Part), 261/2007 Coll., 296/2007 Coll.
Change: 305/2008 Coll. (Part), 306/2008 Coll. (Part)
Change: 479/2008 Coll. (Part)
Change: 189/2006 Coll., 152/2007 Coll. (Part), 261/2007 Coll. (Part)
305/2008 Coll., 306/2008 Coll. (Part), 382/2008 Coll.
Change: 41/2009 Coll.
Change: 479/2008 Coll.
Change: 158/2009 Coll.
Change: 303/2009 Coll.
Change: 326/2009 Coll.
Change: 306/2008 Coll., 479/2008 Coll. (Part)
Change: 227/2009 Coll.
Change: 281/2009 Coll., 347/2010 Coll.
Change: 73/2011 Coll.
Change: 177/2011 Coll.
Change: 180/2011 Coll.
Change: 220/2011 Coll.
Change: 263/2011 Coll.
Change: 220/2011 Coll. (Part), 329/2011 Coll., 341/2011 Coll., 348/2011 Coll.
364/2011 Coll., 365/2011 Coll., 366/2011 Coll., 367/2011 Coll., 470 / 2011 Sb.
Change: 375/2011 Coll.
Change: 167/2012 Coll.
Change: 428/2011 Coll., 470/2011 Coll. (Part), 399/2012 Coll., 401/2012 Coll.
403/2012 Coll.
Change: 274/2013 Coll.
Change: 303/2013 Coll., 313/2013 Coll., 344/2013 Coll.
Change: 64/2014 Coll.
Change: 136/2014 Coll.
Change: 458/2011 Coll., 250/2014 Coll., 251/2014 Coll., 267/2014 Coll.
Change: 332/2014 Coll.
Change: 317/2015 Coll.
Czech National Council has passed this Act:
PART ONE
Introductory provisions
Subject Matter
§ 1
This law regulates the organizational structure of Social Security
scope of the Czech Social Security Administration, district administrations
Social Security and government institutions in social security and
Selects contribution to the state employment policy, objectives and citizens | || employers in the social security and control in matters
pension insurance and pension security, including management
in matters of social security premiums and contributions to the state
employment policy, state social support, poverty relief | || and social care in matters of handicapped persons.
§ 2
Social Security under this Act includes pension insurance
^ 2).
§ 3
Organizational structure of Social Security
(1) Social Security carries out social security authorities.
(2) In the area of social security also carry out activities
municipal authorities and municipal licensing offices (hereinafter referred to as "trade offices").
(3) Social security authorities are:
A) The Ministry of Labour and Social Affairs,
B) the Czech Social Security Administration,
C) district social security
D) The Ministry of the Interior,
E) The Ministry of Justice
F) Ministry of Defence.
§ 3a
(1) The Czech Social Security Administration and district social security
are administrative offices. Czech Social Security Administration
The entity. For the purposes of state property, including
state budget resources, accounting, business relationships
state employees and labor relations have
district social security status of internal organizational units of the Czech Social Security Administration
.
(2) The service relations of public servants in the Czech Social Security
district administrations and social security are governed
Civil Service Act. Labor relations of employees in the Czech
Social Security Administration and district administrations
social security is governed by the Labour Code.
(3) The head of the Czech Social Security Administration is a central director;
Its selection, appointment and removal shall be governed by the Civil Service Act.
PART TWO
Task social security authorities and communities in social security
§ 4
Ministry of Labour and Social Affairs
(1) The Ministry of Labour and Social Affairs (the "Ministry")
A) manages and controls the state administration in social security,
B) governing Czech Social Security Administration
C) ensures the tasks arising from international agreements on social security
,
D) ensures the tasks related to the further development of social security
.
(2) The Ministry assesses the state of health and working ability of citizens
for the purposes of judicial review proceedings in matters of pension and insurance
for administrative appeal proceedings if the contested decision was issued on the basis
appraisal district social security;
for the purpose of establishing as their bodies Assessment Commission.
(3) The Minister of Labour and Social Affairs may remove hardness, which would
encountered in the implementation of social security, and may delegate the management
social security to lessen the hardship in individual cases
.
§ 5
Czech Social Security Administration
Czech Social Security Administration
) Decide
First on pension insurance benefits, unless this Act
stipulated that decisions about them other social security institution, and
arranges payment of these benefits,
Second the obligations of a citizen to return the pension insurance benefits provided
unjustly or in an incorrect amount when it is about this benefit
entitled to decide
Third on the employer's obligation to reimburse the amount overpaid to
dose pension insurance, if it is about this benefit
entitled to decide
Fourth for appeals in cases where the first instance decision the county
Social Security Administration
Fifth removal of hardness that would be encountered in the implementation of social security
if she was in individual cases entrusted
6th on transfers of pension rights according to § 105a of the Act on Pension
insurance and arranges these transfers
B) in the case before the court in proceedings to review a decision in matters
Social Security
C) perform the tasks in the payment of social security benefits abroad,
D) manages and supervises the activities of the district social security administrations,
E) ensures the fulfillment of tasks arising from the law of the European Communities
and tasks arising from international treaties in the field
pension insurance and in social security contributions,
F) provides for issuing the forms prescribed under this Act,
G) keeps the register of insured pension insurance (hereinafter the "Register
insured")
H) understands the District Social Security Administration [§ 6 par. 4 point.
S)] that a citizen who is temporarily unable to work, was recognized
disability based on the trial of the action,
Ch) provides a basis for assessing the health condition in the range
arising from the directly applicable European Union and
international treaties
I) assess the state of health of the extent provided by law (§ 8 paragraph
. 9).
District Social Security Administration
§ 6
(1) The District Social Security Administration is set up for circuits that are identical
territorial districts.
(2) In the capital city of Prague exercises the powers of county government
Social Security Prague Social Security Administration. The territory
City of Brno exercises the powers of the district social security
Municipal Social Security Administration in Brno.
(3) The District Social Security Administration performs within its jurisdiction
tasks provided in this Act, unless other generally binding regulations
determined that these tasks are performed by another authority.
(4) The District Social Security Administration
A) decide
First in cases of doubt about the origin and termination of pension insurance
Second canceled
Third in a dispute between a citizen and his employer about the correctness of entries in the registration list
pension insurance (hereinafter the "registration form")
Fourth canceled
Fifth canceled
6th canceled
7th on social security insurance and state employment policy
including advances on penalties and surcharge on premiums
social security and establishing a lien if the debt
on social security insurance and contribution to government policy | || employment and penalties,
8th canceled
9th removal of hardness that would be encountered in the implementation of social security
if they were individual cases entrusted
10th on fines for non-compliance of employers and self-employed
(§ 120c) in Social Security
11th on the time and extent of man's care for a child aged up to 4 years, if it is a time
care of the child after 31 December 1995 until 30 June 2007, and time and extent
care for a child aged up 18 years is a long period
serious health disabilities requiring special care, and caring person who personally cares
largely or completely incapacitated or partially incapacitated person
older than 80 years in the case of time spent caring for these children and helpless people
after 31 December 1995 until 31 December 2006
12th the period and extent of care a person who personally cares for a person who is by
special legislation 52b) dependent on the assistance of another person in
grade II (medium dependency) or level III (heavy dependency) or
level IV (full dependency), if it is a time to care for this person after
31st in December 2006, and the time and extent of care a person who personally cares for
person younger than 10 years who is under a special legal regulation 52b)
dependent on the assistance of others in grade I (slight dependence)
13th whether self-employed person taking care of a person under 10 years
which is dependent on the assistance of others in grade I (slight dependence
), or a person who is dependent on the assistance of another person || | grade II (medium dependency) or level III (heavy dependence
) or in stage IV (total dependency), to the greatest extent
^ 52c)
14th canceled
15th canceled
16th canceled
17th netting the entire calendar year to the period of employment before 1 January 1976
if a member of a single agricultural cooperative worked
set number of working days, or otherwise designated time work
18th in matters of the disabled or disadvantaged
B) abolished
C) employees returning overpayment of social security insurance and
contribution to the state employment policy,
D) advocated under control medical examinations (§ 8 para. 3)
inclusion to vocational rehabilitation under the Employment Act
physical persons that have become invalids,
E) canceled
F) canceled
G) canceled
H) lead the necessary statistics and accounting records prescribed in
social security
Ch) keep records for purposes of pension insurance for self-employed workers and
citizens voluntarily participating in the pension insurance
, ^ 53) who pay premiums for pension insurance
I) schedule application for pension benefits in cases
prescribed by this Act
J) procure and submit the Czech Social Security Administration on its request
basis for decisions on benefits and pension insurance for
recovery of wrongly paid sums of pension insurance
K) propose Czech Social Security Administration reckoning of insurance and
alternative insurance periods in contentious cases and credit
time military service other than the Allied armies, which he performed compulsory
citizens in times of oppression, including the captivity
L) provide citizens with employers and professional assistance in matters
Social Security
M) canceled
N) canceled
O) check the fulfillment of obligations of citizens and employers in the
social security and the fulfillment of obligations of contributors
social security contributions and the state employment policy,
P) canceled
Q) assess the state of health and working ability of citizens to the extent
provided by this Act (§ 8)
R) collect social security premiums and contributions to the state employment policy
including backups by special Act 32) and
enforce claims in matters of social security premiums and
contribution to the state employment policy, including claims
in these matters on the basis of international agreements; yet they are authorized to perform
administrative enforcement of the decision
S) vyrozumívají attending physician in writing that a citizen who is
temporarily unable to work, was recognized invalid by court proceedings
on the action,
T) enforce claims on pension insurance benefits;
yet they are authorized to perform the administrative enforcement of judgments in matters of pension
insurance
U) can take over the execution of certain tasks associated with the implementation
occupational pension scheme employers who fail
responsibilities for implementing the pension insurance
V) issued at the request of the self-employed
confirmation of the amount of the monthly assessment base for determination of installments on
pension insurance and contributions to the state employment policy
purposes of assessing entitlement to state benefits ,
Y) suggest Licensing Office cancel the trade license
entrepreneurs for failure to entrepreneurs to the state.
§ 7
Territorial jurisdiction
(1) The territorial jurisdiction of the district social security
unless otherwise provided in this Act are otherwise governed
A) the headquarters of the defunct employer in cases referred to in § 6 par. 4
point. u)
B) the place of permanent residence or place of residence of ^ 9)
in the Czech Republic, in the case of foreigners, in the cases referred to in § 6 par. 4
point. a) point 18 point. c) point. g) Nos. 1, 3 and 4 point. c, ch), i), k)
point. a) No. 1 point. p), r), s) and v)
C) the employer headquartered in the cases specified in § 6 par. 4 point. a)
r) au), you can not determine the local jurisdiction pursuant to subparagraph d);
if the employer is a natural person who manages the territorial jurisdiction of the District Social Security Administration
permanent residence individuals
or, in the case of foreigners, the place of residence ^ 9) in the Czech Republic
and not if a natural person reported or permanent residence in the Czech Republic and
her place of residence is abroad
place of business in the Czech Republic, or if the employer
natural person who does not permanent or reported stay in the Czech Republic
and even the Czech Republic is not taking, but employs
for their use in the Czech Republic employees, manages a local
jurisdiction of the district social security administration place of employment
these employees in cases specified in § 6 par. 4 point. o), r) and
u)
D) the employer's place of formation, in which a record is kept of wages,
in the cases referred to in § 6 par. 4 point. a) Section 3 point. o), r) au)
E) the place of self-employment in the cases mentioned in paragraph 6
§. 4 point. point. ch), o), r) and v), unless self-employed
place of permanent residence in the Czech Republic
or, in the case of foreigners, place of registered residence in the Czech Republic
^ 9a); If several places of self-employment is
competent district Social Security Administration, in whose district
statements by individuals prevails self-employment
activities
F) the registered office of the organizational department, in which a record is kept
salaries of civil servants, in terms of control of social
security contributions and the state employment policy,
G) place of residence or, in the case of foreigners, a place of registered residence
^ 9) in the Czech Republic, the person who was helpless before
first January 2007 or who are dependent on care or help another person in
cases referred to in § 6 par. 4 point. a) paragraphs 11 to 13;
It is definitely a place of permanent or reported residence at the date of termination
Care, and care in case of permanent or reported
staying at the date of instituting the proceedings (§ 85 para. 2)
H) the place where the establishment in which performs activities
basis of state permission to operate a trade registry keeping ^ 78)
or registry or administrative archives under the law regulating
Archiving and Records the service in the cases mentioned in § 35a paragraph. 7th
(2) The territorial jurisdiction of the District Social Security Administration in matters
pension insurance and social security insurance and contribution
state employment policy pursuant to paragraph 1. c), d) and f) and
according to § 39 paragraph. 1 shall be governed by the territorial jurisdiction of the district administration
Social Security for the disability insurance
determined by the Czech Social Security Administration according to § 83 paragraph. 6
Sickness insurance Act.
§ 8
Assessing the health status and ability to work
(1) The District Social Security Administrations assess the health and working ability
individuals for the purposes of social security and
for the purpose of providing benefits to the card and people with disabilities
under other laws ^ 9b) at fact-finding and monitoring
medical checks. For this purpose assessed
A) disability and change the degree of disability,
B) long-term health condition of the child and his inability to perform
because of this health condition gainful employment
C) whether a person is physically disabled,
D)
Canceled
E) the ability of mobility and orientation for the process of granting a license
persons with disabilities, whether for contribution to
special aid for a person with a severe defect or supporting the musculoskeletal system
or with severe hearing disabilities or visually impaired
or with severe or profound mental retardation and health status
not preclude the grant of the special aid,
F)
Canceled
G) the degree of dependence on natural persons for purposes of care allowance.
(2) The District Social Security Administration makes finding
medical examination at the request of the administrative body managing the proceedings for
which the assessment requested.
(3) The District Social Security Administration performs control medical examination
A) within the time specified in the previous assessment district administration
Social Security at the request of the administrative body, which leads
proceedings for which the assessment has asked
B) If the assessor material facts that would justify
control medical examination
C) on the initiative of the social security body or administrative authority at whose request
carried out by the District Social Security Administration
finding medical examination; In these cases, the district administration
Social Security is obliged to inform the competent authority of the outcome
assessment
D) upon request of the institution in material need, if it is a demonstration of
third-degree disability for purposes of the batch of aid in material distress and
already expired report; in these cases the district
Social Security Administration is obliged to inform the authority of assistance in material need
a result of the assessment
E) the initiative of the Labour Office of the Czech Republic, in the case of verification of the fact
whether an individual is a person with disabilities;
in these cases, the District Social Security Administration is obliged to inform
Labour Office of the Czech Republic on the outcome of the assessment, or
F) at the initiative of individuals, which was recognized invalid, but its
request for a disability pension was rejected and had already passed
force report, if it is a demonstration that is a disabled
disabilities under the employment Act,
G) the initiative of the Ministry; In this case, the local social security
obliged to inform the Ministry about the outcome of the assessment.
(4) The tasks of the district social security referred to in paragraph 1
can only be met by your doctor.
(5) The local jurisdiction of the District Social Security Administration to
health assessment referred to in paragraph 1 shall be governed
A) the place of permanent residence of the individual on the territory of the Czech Republic,
or place of residence in the Czech Republic by type of residence
Foreigner; If no such natural person resident in the Czech Republic
governing the territorial jurisdiction of the place where the Czech Republic
usually resides or
B) the seat of the prison or detention centers (hereinafter referred to as "prisons")
if a natural person in custody or detention.
(6) At the request of individuals whose health status should be assessed, or
with her consent, a district Social Security Administration
appropriate pursuant to paragraph 5 to request a review of this person district administration
Social Security in whose territorial district this person
employment or long-term stays in it, or is
hospitalized in a medical facility or inpatient care are her
provided residential care in social service facilities or she is provided
education for children, pupils and students with physical disabilities
^ 9c) or the district social security administration in whose territorial district
is medical equipment provider that
assessed the person providing health services unless health status | || persons requires consideration due to the nature of the disease assessment by
provider of health services.
(7) District Social Security Administration served opinions about whether
health status of persons whose pension insurance policies
authorities referred to in § 9, justifying the pension benefits or
benefits or social care services .
(8) In considering under paragraph 1 is based on local social security
especially from finding the attending physician, or
results of functional tests and the results of its own examination by a doctor who performs tasks
District Social Security Administration under paragraph 1
and documents provided by other legislation ^ 9d).
Assessments under paragraph 1 may also be based on documentation prepared by a physician designated
Czech Social Security Administration.
(9) The Czech Social Security Administration assesses
disability and long-term health condition of the child and his inability to perform
because of this health condition
gainful employment for the purposes of the opposition proceedings (§ 88). Czech Social Security Administration
assesses whether a person is physically disabled for the purposes of appeal
management. When deciding on the retirement social security institution referred to in paragraph 9 §
. 1, issued by the Czech Social Security Administration reports by
first sentence at the request of that authority. Tasks of the Czech Social Security Administration
by the first and second sentences can only be met by your doctor.
From the assessment under the first sentence is barred by a doctor who assessed the same thing
or for such assessment, developed a basis for
administrative decision at first instance.
(10) The District Social Security Administration and the Czech Social Security
transmit or send the citizen 7 days a copy of the report issued by
pursuant to paragraph 1. a) or paragraph 9 first sentence;
particulars of the report by the implementing legislation.
§ 8a
Canceled
§ 8b
Canceled
§ 9
Ministry of Defence, Interior and Justice
(1) Pension insurance performs, manages and controls at
A) professional soldiers and soldiers who are active duty for a period materially
security as professional soldiers (hereinafter referred to as "professional soldiers")
Ministry of Defence,
B) of the Police of the Czech Republic, members of the Fire and Rescue Service
Czech Republic, members of the General Inspectorate
Security Forces, the Security Intelligence Service,
members of the Office for Foreign Relations and Information of persons who are | || special protection and assistance under a special legal regulation
^ 75), even after termination of the special protection and assistance,
Interior Ministry
C) of the Prison Service of the Czech Republic Ministry of Justice
.
(2) The authorities of the Ministry of Defense, Ministry of Interior and Ministry of Justice
decide in its field on benefits of pension insurance
soldiers, members referred to in paragraph 1.
B) of the Prison Service of the Czech Republic (hereinafter "
member of the Armed Forces") and persons who are granted special protection and
Assistance under special legislation 75), and perform their
payment if
A) citizen was a member of the armed forces for at least 20 years
B) it is a
First members of the armed forces, which at the time of service
met the conditions of a retirement pension,
Second members of the armed forces, which on 31 December 1992
service relationship lasted to this day was on duty for at least 15 years
Third members of the armed forces, which at the time of service or at the latest
two years from the end of its entitlement to disability pension
or became disabled due to injury or illness incurred in the line of duty
or in direct connection therewith,
Fourth members of the armed forces who received a service pension or allowance for
service under special legal regulations 32a)
least the day preceding the date of entitlement to pension
Fifth citizen who was held in the service of the intelligence service
services under a special legal regulation, 32b)
6th a person who is granted special protection and assistance under
special legislation, 75), even after termination of
special protection and assistance,
7th widow, widower or orphan pension for members of the armed forces
who died during service or within two years after its completion or
conditions referred to in subparagraph a), or from citizens
referred to in paragraphs 1 6th
(3) The Ministers of Defence, Interior and Justice may in their field of competence
remove hardness that would be encountered in the implementation
Social security forces.
(4) Whether accident or illness incurred in the line of duty or in
direct connection therewith, decide for the management of disability
retirement pensions and survivors of armed forces
medical commission set up in the fields covered by the ministries of defense, interior and justice
.
(5) The Ministers of Defence, Interior and Justice may, in consultation with the Minister
Labour and Social Affairs set up in the fields of its competence Assessment
Social Security Commission to assess the health status
justified in cases where this assessment
requires special technical knowledge. When given this commission report on appeal, it is composed of other members
than was composed during the original negotiations.
(6) The authorities of the Ministry of Defense, Ministry of Interior and Ministry of Justice
vyrozumívají district social security administration, which assessed the disability
citizen, that citizen who is temporarily unable to work
was recognized disability based on the trial of the action,
if those authorities have issued disability.
§ 10
Municipalities
(1) The municipal authority decides on the appointment of a special beneficiary
pension insurance (§ 118 par. 3).
(2) The municipal authority overseeing how it appointed a special beneficiary
fulfill obligations (§ 118 par. 4); If you do not fulfill your special recipient
obligation to decide on local authority provision of another recipient.
§ 10a
Trade Offices
(1) Trade Offices adopted in cases specified by law
by self-employed persons who self
activities are run on the basis of authorization under the Trade Act
^ 32c), notice of initiation of self-employment ,
application for participation in pension insurance and report pursuant to § 48 par. 1
point. a) to d).
(2) Trade Offices announce within the time-32d)
relevant district social security administrations
A) the facts referred to in paragraph 1, and indicating the date when these facts were
Licensing Office disclosed; Notice of initiation
self-employed and the application for insurance under paragraph 1
indicating on which they were filed the application for insurance,
forwarded to the appropriate district social security administrations,
B) the creation or termination of permission to operate a trade,
suspension or interruption of trade, not specifying the date on which such
actually occurred.
Common provisions concerning the social security
§ 11
(1) Social security authorities are authorized within the limits of its competence
require state agencies, health insurance companies, 73c ^)
Health providers, ^ 33) as well as aid organizations and
free communication necessary for the implementation of social security and
tasks arising for the social security rights of the European Communities ^
73d) and International Treaties ; State authorities
health insurance, @ 73c) providers of health services ^ 33) and
organizations are required within their scope to those requests,
within 30 days of the request; State authorities and health insurers
may provide communications in electronic form in a manner enabling remote access
.
(2) The competent authorities responsible for maintaining registries are required to disclose in writing
Czech Social Security Administration in Prague data on deaths
citizens over 15 years, within two weeks from the date of registration in the relevant
register. The obligation under the first sentence fulfills these authorities by sending a copy of the death certificate
.
(3) The Ministry provides the Czech Social Security Administration for
tasks arising for it in social security law
European Communities ^ 73d) and international agreements on social security
necessary data on time, keeping tabs
job seekers and the return date and amount of unemployment benefits and aid for retraining and
work accidents and occupational diseases.
Figures mentioned in the first sentence may be provided electronically
manner enabling remote access. The Ministry is authorized to require
Czech Insurance Company-33a) and Kooperativa insurance company, as-33a) and the National Public Health Institute
^ 33b) data on occupational injuries and diseases
occupational needed for the task referred to in the first sentence;
these insurance companies and the National Institute of Health are obliged this request
Ministry upheld and information free of charge to send the ministry within 30 days from the date of request
.
(4) Social security authorities are authorized within the limits of its competence
one another with the information required to perform the tasks arising
for them in the social security rights of the European Communities ^
73d) and the implementation of international treaties and
social security. The requested social security institution is obliged to request
another social security authority to meet the deadline of 8 days of
request and define where the social security institution that data
requires a longer period. The data referred to in the first sentence may be provided in electronic form
manner allowing remote access.
(5) Social security institutions and trade authorities in the limits of their competence
mutually transmit the data necessary to carry
social security for persons referred to in § 10a para. 1. Such information may be requested and
transmitted in electronic form, and it also means
allowing remote access.
§ 11a
(1) The Ministry of the Interior or the Police of the Czech Republic provides
Czech Social Security Administration to exercise its jurisdiction
A) the reference data from the basic register of residents,
B) data from the agenda information system of civil registration
C) data from the foreigners information system,
D) information from the registry of birth numbers of individuals who have been
assigned a personal identification number, but are not kept in information systems
referred to in subparagraphs b) and c).
(2) The data provided pursuant to paragraph 1. a)
) Name,
B) the name or names,
C) address of residence,
D) the date, place and district of birth; by the data subject, who was born in
abroad, the date, place and country where he was born,
E) the date, place and district of death; in the case of died outside the territory
Czech Republic, the date of death, place and the State in whose territory the death occurred
; if it is issued by a court decision declaring the death, the day
who is in the decision as the date of death or the date on which entity data
declared dead survived, and the date of entry into force of this
decision | ||
F) citizenship, or multiple citizenships.
(3) The data provided pursuant to paragraph 1. b)
A) name, surname or change thereof, maiden surname
,
B) date of birth,
C) gender and change
D) place and district of birth; the citizen who was born abroad, place and
State in whose territory the birth occurred
E) personal identification number and its changes
F) citizenship,
G) address of permanent residence, including previous addresses
residence,
H) the onset of permanent residence or date of withdrawal
information on the place of residence or date of termination of permanent residence in the Czech Republic
,
I) limitations on legal capacity
J) birth certificate number of father, mother or other legal representative or guardian
; in the event that one of the parents or guardian or guardian
no personal number, name, or names
date and place of birth,
K) marital status, date of change and place of marriage,
L) personal identification number spouse; if the husband is a foreigner without assigned
personal number, name and surname of her husband and the date and place of his birth
,
M) personal identification number of the child,
N) for the adoption of the original and a new name, or names
adoptee, old and new adoptee birth number, date and place of birth
adoptee, adoptive parents' social security numbers and date of entry into force of the decision on
adoption or decision on revocation of adoption,
O) the date, place and district of death; in the case of the death of a citizen outside the territory of the Czech Republic
, date, place and the State in whose territory the death occurred,
P) a day, which was in the court decision on declaration of death listed as
date of death or the date that the citizen declared dead survived,
Q) the day, which was in the court decision on declaring the missing
listed as the day of effectiveness of the missing person and the date of entry into force
court ruling declaring missing.
(4) The data provided pursuant to paragraph 1. c)
A) the name or names, changing them at birth,
B) date of birth,
C) gender and change
D) place and country of birth,
E) personal identification number and its changes
F) citizenship,
G) the type and address of residence,
H) number and validity of residence permit,
I) start of residence, or date of termination of residence,
J) limitations on legal capacity
K) administrative or judicial expulsion and the period for which it is not allowed to enter
the Czech Republic,
L) marital status, date and place of its changes, the name or names,
husband's surname, birth number or date of birth,
M) the name and surname of the child and his birth number;
in case the birth registration number has been assigned, date of birth,
N) the name and surname of the father, mother or other
legal representative or guardian and their personal identification number; in case
a parent or guardian or guardian has no personal
number, his name, surname and date and place of birth,
O) the date, place and district of death; in the case of deaths outside the Czech Republic
, State on whose territory the death occurred or the date of death
P) a day, which was in the court decision on declaration of death listed as
date of death or the date on which the alien declared dead survived,
Q) the day, which was in the court decision on declaring the missing
listed as the day of effectiveness of the missing person and the date of entry into force
court ruling declaring missing,
R) for the initial adoption of a new name, or names
adoptee, old and new adoptee birth number, date and place of birth
adoptee, adoptive parents' social security numbers and date of entry into force of the decision on
adoption or decision on revocation of adoption,
S) name, or names and surnames
First A child of a dependent child foreigner
Second minor foreigner, who was a foreigner or his spouse
decision by the authority entrusted to foster care, or
who was a stranger, or his spouse, adopted or whose guardian
husband or his guardian is a foreigner
Third single foreigner aged 65 or whatever age foreigners
who are themselves unable for reasons of health care itself, if it is a
family reunification with a parent or child, who are foreigners,
Fourth a foreigner who is dependent direct relatives in the ascending or descending line
or a relative of a spouse of a citizen of the European Union,
Fifth parents of a minor foreigner and his birth number; in the case of foreigners,
Who have not assigned personal identification number, name, surname and date of birth
.
(5) The data provided pursuant to paragraph 1. d)
A) the name or names, surname, maiden name,
B) day, month and year of birth,
C) place of birth, for individuals born abroad
place and state of birth,
D) personal identification number and its changes.
(6) The data are kept as reference data in the basic register
population, the use of records information system
residents or foreigners information system only if they are in the shape
previous temporary situation .
(7) From the data provided in a particular case can only use
data that are necessary to fulfill the task.
§ 11b
(1) The Czech Social Security Administration and district social security
may ask the Interior Ministry to allocate personal identification number
individual, which in its time processing data in information systems
Czech Social Security Administration or the district
social security administrations personal identification number has not been assigned and that his
allocation of the Ministry of Interior did not ask itself if it finds grounds for
its allocation to fulfill the conditions of this Act, special laws
^ 74) European Community law-73d) or
international treaties and if the Ministry of Interior for such physical
person výdejovým place of birth numbers under a special legal regulation
^ 74a). In these cases, the Czech Social Security
or District Social Security Administration
required to submit a reasoned request for allocation of personal identification number containing
requirements stipulated by special legislation 74a) and supplemented
address individuals for service.
(2) The Ministry of Interior informs Czech Social Security Administration
data
A) the allocation or change the personal identification number,
B) a change of name or surname,
Without an application within 15 days from the date when such data become part
records information system and population agenda
foreigners information system.
(3) The Czech Social Security Administration is obliged after by her
all available documentation and records kept by her
systems verify the accuracy of the information provided by the
population records information system, whose correctness
had doubts, and they continue to exist, notify the Ministry of the Interior
this fact and ask for the inspection of the data-73i);
application is required to attach photocopies of the case file, implying
grounds for doubts about the correctness of the data. The Ministry of Interior shall notify the Czech Social Security Administration
result of the check.
(4) Social security institutions can keep records of citizens for the purposes of this Act
according to their personal identification numbers.
§ 11c
(1) The administrator of the Central Registry of contracts given to the authorities
social security information from the registry to the extent required for the performance
specific task in the exercise of their powers.
(2) The data referred to in paragraph 1 shall be made in a manner allowing remote access
.
§ 12
Social security institutions may invite
A) the employer to submit the report and submit records
facts decisive for entitlement to social security benefits
their amount and payment,
B) recipient of social security benefits, in order to certify
facts decisive for entitlement to benefits, the amount and payment,
C) recipient of social security benefits conditional
adverse health and applicants for this benefit to undergo examination
health condition or another specialized examination,
D) self-employed person to be instructed to make checks
fulfilling its duties in the social security system, including
payment of social security contributions and the state employment policy
, arrived at the specified time on
appropriate district social security administration or to the place designated by the
administration; self-employed person is obliged to meet this challenge
if previously apologized for serious reasons;
this also applies to employers who of the date of the call district administration
Social Security has registered in the register of insured less than 26
employees participating in the pension insurance
E) citizen to be to certify the facts relevant to the implementation of pension insurance
arrived at the specified time on
relevant district social security administration; citizen is obliged
this summons unless advance serious reasons apologized.
§ 13
(1) Social security authorities are entitled to examine the correctness and completeness
records and reports that employers are
for the implementation of social security required to keep, timeliness and manner of their
submission and administration.
(2) Social security authorities are empowered to control
accounting and other documents which are relevant for determining the amount of the
social security contributions and the state employment policy,
appropriate amount of advance payments. Social security institutions can within
authorized under the first sentence also check the correctness of the determination of wage compensation and other income
provided for the first 14 calendar days and
period from 1 January 2012 to 31 December 2013, the first 21
calendar days of temporary incapacity or quarantine
employer for the purpose of determining the correct amount of social security premiums and
contribution to the state employment policy.
§ 14
Obligation of confidentiality
(1) Employees of social security institutions are obliged to maintain
confidentiality of the facts, they became acquainted while performing the tasks
social security institutions or in direct connection with them, unless stipulated otherwise
. This obligation continues even after the termination of the employment relationship
. The duty of confidentiality can be employees of the social security authorities
relieved only by the person in whose interest this
obligation applies, in writing, stating the scope and purpose.
(2) Data related to individual citizens or employers that
social security authorities in their activities learn
communicated to other entities only if stipulated by a special law ^ 45) or this Act;
Else can provide such data to other entities only with the consent of the employer or citizen
. To the extent necessary for proceedings in matters of social security
provide social security authorities
data concerning individual citizens holders of a foreign insurance
their request, unless an international agreement stipulates otherwise.
Social security authorities provide further details obtained in implementation of pension insurance
other administrative bodies or authorities to carry out the tasks
incumbent upon them under European Community law and international treaties
.
(3) Social security authorities are obliged to provide, at the request
A) the information obtained in the selection of social security insurance and
contribution to the state employment policy to another authority
Social Security or the court dealt with if the latter
appeal in administrative proceedings or proceedings in respect of insurance
social security contributions and the state employment policy, the legacy of the taxpayer
this premium (contribution), or enforcement of a decision
regarding claims for social security insurance and contribution to
government employment policy; shall provide such information on request
another social security authority, if the participant
insolvency proceedings, which are dealt bankruptcy or impending bankruptcy
payer of social security contributions and the state employment policy, or || | court that the proceedings are conducted or in the management of the appointed insolvency administrator
,
B) the tax information necessary for tax administration,
C) health insurers ^ 49) a list of contributors to the Social
security contributions and the state employment policy and data on the amount of revenue and expenditure
individual self-employed persons who
self-employed person said in the report by the special
law, and the amount of the assessment base for setting premiums for
social security contributions and the state employment policy
individual employers to check or supplement the information kept in information systems
health insurance also figures
registry of insured,
D) of the Labour Office of the Czech Republic - regional branches and main branch
City of Prague (hereinafter "the regional branch of the Labour Office")
First data assessment base for setting premiums
social security contributions and the state employment policy
individual self-employed persons and citizens who are taxpayers
pension insurance premiums and contributions to state policy of employment
reason of employment abroad ^ 50)
Second information concerning the duration of pension insurance under a special Act
^ 50e), which is in the records of the competent authority
social security, and for the last three years prior to enrollment in the citizen
register of job seekers. The regional branch of the Labour Office served
request through the Labour Office of the Czech Republic -
General Directorate; request and the transmitted data is transmitted through
Labour Office Czech Republic - Directorate General
in electronic form,
Third information on retirement age under a special law ^ 2), where
applicant for unemployment benefits under a special law-50h)
worked prior to January 1, 1993 in a manner that could create an entitlement to a reduction in the age
limit for entitlement to a pension pursuant
regulations in force before 1 January 1996; these data shall
within the time limits specified in § 85a paragraph. 2 and § 107a paragraph. 2
E) other bodies of social security information in cases
complaints and general information and summary data that
social security institutions resulting from their activities, without
specific data, especially names,
F)
Canceled,
G) the Czech Statistical Office data set by a special law-50a)
H) Ministry of Finance requested information to meet its obligations under
special regulation on combating legalization of criminal activity or
special regulation on the implementation of international sanctions
for the purpose of maintaining international peace and security, protection
fundamental human rights and the fight against terrorism
I) authorities carrying out state social support, regional offices and
Ministry information about the type and amount of their retirement benefits paid
insurance, including the provision and payment, and information on
initiation, termination or suspension self-employment, including
cooperation in the implementation of this activity, if an applicant for benefits
state social support of beneficiaries and people with these
applicants or beneficiaries examined together, to the extent || | necessary for the implementation of state social support,
J) municipal authorities providing benefits and social care services and benefits
assistance in material poverty and regional authorities information about the type and amount of benefits paid by them
pension insurance applicants for these benefits and
service, the recipients of these benefits and services, and persons with these applicants or beneficiaries
examined together, to the extent necessary for the implementation
social welfare and poverty relief,
K) Customs Administration of the Czech Republic data on the type and amount they paid
pension insurance benefits, including admission data and data on their
payment from that date, to the extent necessary for the purpose of providing
výsluhového contribution under special Act 50c)
L) The Ombudsman has information that may be requested in connection with
investigation by a special Act
M) information obtained in the selection of social security insurance and
contribution to the state employment policy
National Security Office, the intelligence service or the Ministry of Interior, for the needs
implementation of safety management under a special law-50d)
N) trade licensing offices, where the person referred to in § 10a para. 1
filed a notice of commencement of employment or
application for participation in pension insurance, personal identification number, account numbers for payment
pension insurance premiums and contributions to the state
employment policy and an indication of the amount of premiums or installments
pension insurance and contributions to the state employment policy.
O) other state authorities the information necessary to perform tasks in their
covered by special laws, including data on individual
Insured, with the exception of health data;
§ 16a paragraph. 3 is not affected. The social security
provide the requested information unless the person who requested the information, the application shall
provisions of the Act, on which his request to provide information
based, data coverage, the provision required and the purpose for which
the information requested.
(4) Social security authorities are obliged to provide, at the request
data obtained during the implementation of pension and data acquired
selection of social security insurance and state employment policy
, including data
individual citizens and their state of health, the management bodies and coordinating body designated
for operational programs financed by EU structural funds and investment
^ 81), if such information is necessary to perform the tasks arising for
them under European Union law ^ 82). These data can provide
in electronic form in a manner enabling remote access.
The request must state the legal provisions of the European Union,
on which the application is based, the scope of the required data and the purpose for which the data are
required.
(5) Generalized information and aggregate data by the social security
resulting from their activities, may be
without giving specific details, especially names, used by the employees of these authorities in
research, publication and teaching activity.
(6) The Czech Social Security Administration is required to request
natural or legal person who proves that he is a natural person by
final and enforceable due receivable, tell
whether the person is pensioner whose pension benefits and paid
dosage amounts subject to enforcement, and data on birth
number of this person.
(7) The obligation to maintain confidentiality does not apply to information regarding
amount of debt on social security insurance and contribution to the state
employment policy, including the amount owed penalties, if a taxpayer
premiums which was directed by a judicial or administrative enforcement of judgments in matters
premiums.
§ 15
(1) Authorized employees of the social security authorities are authorized to inspect
fulfillment of obligations imposed on employers and individuals
self-employed this law and the law on insurance for
social security contributions and the state employment policy;
to remove deficiencies are entitled to impose measures to rectify
within the prescribed period. Employers and self-employed
are obliged to comply with remedial measures in due time.
(2) authorized employees of the social security body carrying
control under paragraph 1 are required to show a permit issued
social security body. Proof of the first sentence is
mandate to monitor the implementation of the obligations imposed on employers and individuals
self-employed this law and the law on insurance for
social security contributions and the state employment policy.
Requisites card in the implementing legislation.
§ 16
Interaction social security institutions and providers of health care services
(1) Healthcare providers are required for payment at the request of the competent authority
social security assessments under § 4
paragraph. 2 and § 8
A) perform a physical examination of physical persons in the scope
requested medical intervention,
B) processed without the consent of the assessed person's medical documents, requested in
extent that is needed to assess her health.
(2) Healthcare providers are obliged to charge doctors who perform tasks
social security authority under § 4 para. 2 and §
8, at his request
A) communicate without the consent of the assessed person
information from the medical records of the person under consideration that are needed
to assess his state of health
B) permit without the consent of the assessed person
access to the medical records, which is headed by her, and for the necessary time to lend this
medical records to the extent necessary for
their state of health.
(3) Healthcare providers fulfill obligations under paragraph 1
Within the deadline set by the social security and
obligations under paragraph 2 within the period prescribed by a physician referred to in paragraph 2, and unless
deadline has been set, within 15 days from the date they received the request.
(4) The fee for the procedures referred to in paragraph 1 shall be governed
list of medical procedures with point values ^ 50f) and other legislation ^ 50 g). Payment shall
social security institution, that the procedure be performed
requested, on the basis of an invoice presented
provider of health services; the same applies for reimbursement of postage for sending
medical documentation pursuant to paragraph 2
(5) Health Service Prison Service cooperates in the management of disability
convicted.
(6) Recognition of occupational diseases ^ 70) for the purposes of pension insurance and
for special laws ^ 71) by providers of occupational services
designation under the Act on Specific Health Services
^ 76).
§ 16a
Heading left
(1) The procedure for issuing an opinion in accordance with § 4 para. 2 and § 8. 1-8
apply Part Four of the Administrative Code, with the exception of § 15 para.
2-4, § 134, § 156, paragraph. 2 and § 158 paragraph. 2 of the administrative Code; similarly
while the provisions of § 17 and 38 of the Administrative Code.
(2) The deadline for issuing an opinion under § 4 para. 2 of 60 days for the issue
report pursuant to § 8. 1 is 45 days unless the authority which
requesting the assessment period longer; the deadline for issuing the report pursuant to § 8 paragraph
. 9 is 60 days. If they prevent issuing an opinion within the first sentence
serious reasons, the social security institution responsible for
health assessment immediately following reasons Authority, which
assessment requested; In these cases, the period referred to in the first sentence
extended by 30 days, unless the authority requesting the assessment
longer period.
(3) The social security institution is competent to assess the health status
send the authority requesting the assessment, a copy of the report
issued under § 4 para. 2 and § 8. 1 and 9
(4) The social security institution is competent to assess the health status
under § 4 para. 2 and § 8 is entitled to call upon the assessed
natural person to
A) to undergo a medical examination by a doctor performing missions
competent authority, social security, or, in the case of
assessment pursuant to § 8. 1, Czech physician designated by the Social
security | ||
B) to undergo a medical examination at a designated state
healthcare provider or another specialized examination,
C) submit medical service providers mentioned in the invitation
medical findings of the attending physicians, which had been issued, or
D) communicate and substantiate other data which are important for the development
report or cooperate in other ways, which is needed to develop
opinion;
Assessed the individual is obliged to comply with this request.
(5) does not comply if the assessed person's physical examination
state or other professional examinations pursuant to paragraph 4. a) and b)
or refuse to cooperate pursuant to paragraph 4. c) and d)
communicate the social security institution competent to assess the health status
immediately notify the authority conducting the proceedings for the purposes
assessment has been requested.
(6) The provisions of § 8. 10 apply mutatis mutandis to the review board.
§ 16b
Review board of the Ministry
(1) review board of the Ministry are at least three members.
Chairman of the review board may be a doctor. Chairman of the Assessment Committee and secretary
Assessment Committee are always staff members assigned to work in the Ministry
; The Secretary is a member of the review board.
Other members of the review board are medical specialists various clinical disciplines.
(2) review board of the Ministry is able to act and adopt resolutions, if present
medical assessor, who is the chairman of this committee, secretary and
another doctor. Assessment Commission of the Ministry acting by a majority;
During the casting vote of its chairman.
(3) The medical assessor, who is chairman of the Assessment Committee of the Ministry,
chairs the meetings of this committee, determines its specific composition and decisions on individual cases
inclusion on the agenda of the Commission.
(4) To conduct Assessment Commission of the Ministry may, with the consent
Assessed person to invite, at the request of another individual
if it can be expect from them that they will contribute to the clarification of the relevant circumstances
important for the assessor conclusion.
§ 16c
Register insured
(1) the insured is used to perform tasks the Czech Social Security
resulting for the social security rights of the European Communities ^
73d) and the international treaties and the implementation
Social Security.
(2) the insured shall contain the following data on persons participating
pension insurance because of gainful employment and voluntary participation in pension insurance
:
) Name and present surname,
B) birth and any other last name previous to the current name,
C) the date and place of birth and date of death of the insured,
D) gender
E) identification number,
F) citizenship,
G) address of permanent residence, and in the case of foreign nationals, also
address of residence in the Czech Republic, where appropriate
contact address of policyholder if different from the address of permanent residence and || | insured he announced
H) the establishment and termination of participation in the pension scheme and an indication that the case of
mandatory or voluntary participation,
I) type of gainful activity establishing participation in pension insurance,
J) the name and address of the employer
K) employer identification number, or the number of individual
employer
L) variable payer of social security and
contribution to the state employment policy,
M) the name and address of the holder of a foreign insurance
N) by a non insurance number,
O) further data, if it appears their registration requirements of the law
European Communities ^ 73d) and international agreements on social security
,
P) the date of entry into employment and termination of employment
Q) for pension insurance and for retirement savings,
R) assessment bases for insured pension insurance premiums for individual calendar years
,
S) the time when determining the personal assessment base excludes
T) of pension insurance (including periods)
communicated by a foreign insurance institutions,
U) the name, surname, identity number and permanent address
legal representative or guardian or special recipient.
(3) The data received by the insured and their employers
social security authorities, also serves bodies conducting
health insurance.
PART THREE
Tasks employers' social security
CHAPTER ONE
Canceled Part first
Canceled
§ 17
Canceled Part of the second
Canceled
§ 18
Canceled A third part
Canceled
§ 19
Canceled
§ 20
Canceled
§ 21
Canceled
§ 22
Canceled
§ 22a
Canceled
§ 23
Canceled
§ 24
Canceled
§ 25
Canceled
§ 26
Canceled
§ 27
Canceled
§ 28
Canceled
§ 29
Canceled
§ 30
Canceled
§ 31
Canceled Part of the fourth
Canceled
§ 32
Canceled Part of the fifth
Canceled
§ 33
Canceled
§ 34
Canceled
§ 35
Canceled CHAPTER TWO
Tasks employers in the implementation of the pension insurance
§ 35a
Obligation of employers to keep records and report for the purposes of pension insurance
(1) the employer for the purposes of pension insurance
means a legal or natural person who employs other individuals or to which they are
individuals in a relationship which constitutes participation in pension insurance.
The employer is also government departments which are included
individuals employed by or acting on the basis
contracts for work or contracts for work, business
authorities, which are State employees under the Civil service Act ^ 3)
assigned to perform civil service, the prison, which carries a prison convict ranked
freedom to work, Institute for security
detention in which people perform security detention included in
Work, and relevant departments, folders or other organizational part
security forces or the armed forces of the Czech Republic, which
paid members of security forces
business income or professional soldiers the official salary (hereinafter the "body" ). An employer is considered
also part of a legal person that has its head office in
country with which the Czech Republic has not concluded an international agreement on social security
if this component is registered in the Commercial Register and the
legal employs a staff person leading this
organizational units, if these employees have a place of work
permanently in the Czech Republic.
(2) Employers are obliged to keep the necessary records of facts
decisive for entitlement to pension benefits, their amount and
payment and submit it to the competent social security bodies.
(3) Changes in facts decisive for entitlement to benefit and its duration
and the amount and payment of benefits, employers are obliged to report in writing,
unless otherwise specified, within eight days. At the invitation
social security authorities, employers are required to file reports and submit
records within the time specified by the authority, and if no deadline is set, within eight days from receipt
challenges.
(4) Employers are obliged to keep for
A) copies of the registration sheets (§ 38 par. 5, first sentence)
drawn in a calendar year to which they relate, or in the immediately following calendar year
for 3 calendar years after the year in which
they relate to, and copies of other record sheets for 3
calendar years after the year in which they were drawn,
B) records of facts entered in the register pursuant to § 37 para. 1 point.
H) for a period of 6 calendar years following the month to which it relates
record, but always for a period of three calendar years following
month in which the premium due for this month paid
C) records of facts entered in the register pursuant to § 37 para. 1
terms of beneficiaries of old age or disability pension for 10
calendar years after the year to which they relate
D) wage sheets 71a ^) or the accounting records of the data needed for the purposes
pension insurance, including the information referred to in § 37 para. 2, for
30 calendar years following the year to which they relate, and if
on payroll sheets or accounting records of the data needed for the purposes of pension insurance
led to old age pensioner, for
10 calendar years following the year to which they relate
Unless a special law provides for records that have character
accounting records uschovací a longer period of time; for
records of these facts are always considered evidence of species origination and termination of the employment relationship
records on occupational accidents and occupational diseases
records and the records of working time-71b) including time off work || | income without compensation.
(5) is extinguished if the employer without a legal successor before the expiry of the terms
referred to in paragraph 4 is required to ensure the safekeeping of records and other documents
referred to in paragraph 4 (hereinafter "documents the employer") to || | expiry of these periods and without undue delay, notify in writing the district
social security administration, where the documents are stored employer.
(6) If the documents the employer after the employer ceases to exist without a legal successor,
stored in the registry or administrative archive by the
law regulating the archiving and records management, the establishment of
which performs activities based on state permission to operate
trade registry keeping ^ 78) or in archive, the founder of the registry, administrative archives
founder, businessman, who was granted the state permission to operate
trade registry keeping, archive or || | founder (hereinafter "the holder of documents") are obliged to challenge the authority
social security take snapshots, copy or copy documents
employer for the purpose of implementing the pension scheme and the latest
within 30 days of receipt of this challenge authority social security
send. The holder of the documents at the request of the social security body confirms compliance
it acquired a duplicate or copy of the employer with proof
employer deposited with the holders of evidence. Document holder has the right to
costs associated with the acquisition of excerpts or copies of documents
Employers sending their social security authority as
attests it acquired a duplicate or copy of employer
employer with proof imposed by the holders of evidence; the amount of costs
holder documents to challenge social security institution is obliged to prove
. The right to reimbursement of those costs is not public archive
in cases where no right to reimbursement of the cost of the dump
transcript or copy of a record under the Act regulating archival and records management
^ 79).
(7) the disappearance without a legal successor to the holder of the document in which they are stored documents
employer after the employer ceases to exist without a legal successor,
, before the expiry of the periods referred to in paragraph 4, the holder is obliged
documents promptly notify in writing the appropriate
district social security administration facts concerning his
extinction and at their own cost of storing documents
employer with another holder of the documents until the expiry of these periods and
notify in writing the relevant district social security
where the documents are stored employer.
Relevant district administration of social security to provide holders of documents at their request
necessary cooperation especially in determining the documents employers whose
next store is to be ensured.
(8) remains in the ownership principle ^ 80) merging the holders of evidence
funds shall be used to cover the costs of storing documents
employer with another holder of documents selected in cooperation with the relevant state regional
archive. In the absence of such
funding is saved as referred to in paragraph 7 with another
holders of evidence at the expense of the Ministry.
(9) The implementing regulation lays down what is meant
justified costs and a maximum amount of reimbursement referred to in paragraph 6
and storage costs pursuant to paragraph 8, the holder is entitled to the documents
request.
§ 36
Of the employer to fulfill tasks in the implementation of the pension insurance
Tasks in pension insurance plays in
A) employees employed by the employer to which the employee is employed
,
B) persons in the service of the relevant departments, in which these persons held
service
C) members of cooperatives cooperative whose members,
D) partners and managers of limited liability companies and limited partners of a limited partnership
who perform outside the employment relationship for
her job for which they are rewarded by the company, the company,
E) self-employed persons competent district administration
Social Security
F) staff working under contracts for work or
contractors' work by an employer who concluded the employee
this agreement
G) judges court to which the judge is assigned to perform the functions
H) members of councils of local governments and councils
boroughs or urban districts territorially divided statutory
cities and the capital city of Prague, who are long-term performance of the
released or who before being elected as a member of council
were not employed but perform functions to the same extent as
release members of the council department which handles labor issues
employees of the local government units,
Ch) Members of the Chamber of Deputies and senators of the Senate of the respective
office Legislature,
I) the President Office of the President,
J) members of government authority that members of the Government pays salary
K) president, vice president and members of the Supreme Audit Office
Supreme Audit Office,
L) volunteer workers care services legal person who
receive remuneration for the performance of nursing services,
M) carer and the person's registration, which is listed in the register
persons who can perform foster care for a temporary period, if these people
remunerated foster parent under the law on social and legal
protect children-71c), the body that pays it,
N) people in prison assigned to work or study
persons enrolled for the duration of prison custody and persons serving
Preventive detention included in the work of the Institute for Security
detention,
O) persons who are systematically preparing for a future career
studying at school or university in the Czech Republic, this school,
P) persons registered by the regional branch of the Labour Office as job seekers
regional branch of the Labour Office,
Q) persons who are under a special law appointed or elected to
functions of the head of administration or functions of the statutory body
legal entities established by a special Act or deputy
this director or statutory body, and the persons who by
special law perform a public function outside employment or service relationship
if their employment relationship covered by the specified range
Labour Code [§ 5 para. 1 point. d) of the Act on Pension Insurance
], the administrative office or the legal entity
or whoever is among persons exercising a public function status
employer
R) persons with disabilities in the theoretical and practical training
for employment or other gainful activity-54a)
employer or educational institution, for which the preparation is carried out,
S) of people receiving health insurance benefits to replace lost income after
gainful activity based
sickness insurance, from which they are paid, departments or district
Social Security Administration that such benefits are payable ,
T) individuals voluntarily participating in the pension insurance ^ 53)
appropriate District Social Security Administration,
U) Ombudsman and Deputy Ombudsman Office
Ombudsman,
V) state employees under the law on civil service official authority in
which is a state employee assigned to perform civil service,
W) workers employed under foreign legal regulations
employer for which they are in this working relationship
X) persons in active military service, with the exception of career soldiers, Defense Ministry
,
Y) members of the Council for Radio and Television Broadcasting Council Office for
broadcasting,
A) of the Financial Arbiter and Deputy Financial Arbitrator Office of Financial
arbitrator
Behind) members of the Czech Telecommunication Office
Czech Telecommunication Office,
Staples) members of the Council of the Institute for the Study of Totalitarian Regimes The Institute for the Study of Totalitarian Regimes
,
ZC) chairman ERO Energy Regulatory
office
W) directors of charitable companies, this company,
From) proxies employer who is authorized procuration
FH) liquidators whoever liquidator pays income from operations
liquidator
Zg) of the members of the collective bodies of a legal person the legal entity
Zh) heads of organizational units of the legal entities listed in § 35a paragraph
. 1 third sentence of this division,
Zi) persons entrusted with business management based on the contractual representation
if they perform this activity for remuneration, whoever these people
pays this fee,
ZJ) persons referred to in § 5 para. 1 point. t) Pension Insurance Act
whoever performs in these individuals, employers' obligations according to § 92 paragraph.
3 of the Health Insurance Act.
§ 36a
Fulfillment of the tasks of employers in some cases
(1) Contracting for employers meet contractual employees who participate
Czech pension insurance for pension insurance purposes
same obligations as other employers to other workers who are participants
Czech pension insurance.
Contractual employer for the purposes of this Act
legal or natural person residing or established in the territory of the Czech Republic and
in which they are employed in the Czech Republic employees of an employer whose
domicile or residence on the territory of a State with which the Czech Republic
not concluded an international treaty on social security, regarded in
Czech Republic for contract staff, according to the contract entered into with that employer
revenues are contract employees are paid by the employer or contracting
the contractual employer
compensated for the employer. Contracted employee for the purposes of this Act
Means an employee of an employer whose seat is in the national territory, with
which the Czech Republic has not concluded an international treaty on social security
if it is active in the Czech Republic, the contractual employer.
(2) Employers of employees who have permanent residence in the Czech Republic
carry on permanent employment abroad and are obliged to participate
pension insurance under the legislation of the State in which the permanent exercise
employment is required keep records of these employees
data referred to in § 37 para. 1 point. a) and b) a statement of the compulsory participation in pension insurance
abroad.
§ 36b
Canceled
§ 37
Management and submission of records
(1) Evidence that the employer keeps on citizens for the purpose
pension insurance must contain the following information:
A) surname (including all former surname), first name, date and place
birth, sex, place of residence, citizenship, and if it was
national pension insurance abroad and his employer | || first employer after termination of participation, also indicate the name and address of the foreign holder
insurance and non-domestic insurance number,
B) identification number,
C) the creation and termination of employment or another relationship with
employer who establishes participation in the pension insurance
D) calculation basis for determining policyholder premiums for pension insurance
for the relevant period determined by a special Act ^ 55)
E) the period of temporary incapacity, except for temporary work
incapacity of the citizen inflicted intentionally and quarantine period, after which lasted
need treatment or care for a child aged up to 10 years
or another member of the household, unless the persons who, under the law on health insurance
not entitled to care, and whether
insured at the request of nursing said he is lonely, and the time before the birth
for which has not been exercised gainful activity by reason
pregnancy, but no earlier than the beginning of the eighth week before the expected date of birth
until the day immediately preceding the date of birth,
F) the period of leave without compensation income and unexcused absence
work,
G) record, whether citizen receiving a retirement pension awarded under § 31 of the Law on Pension Insurance
who pays it, the date of entitlement to the pension
or number of decisions on his confession, the case of beneficiary
pension from authorities ministries of defense, interior and justice
H) if it is a trading company for the period before 2014, list
associates and members of the statutory body and the Supervisory Board of the company
for each calendar month, and an overview of the calendar month for which the company
did not pay social security premiums and contributions
state employment policy, which was liable to pay;
This applies mutatis mutandis to the team
I) is not eligible if the employee or contract employee insurance
according to the Pension Insurance Act, details of his insurance abroad
J) the period of active military service, unless the soldiers.
(2) The employer also keeps records
A) compensation for loss of earnings after termination of incapacity
due for occupational injury (occupational disease), which pays, and
exposes citizens to confirm the time and because such reimbursement and a
the amount of the compensation paid in each calendar years
B) a special contribution to the miners, who paid prior to 1996 and are issued by
citizens about the time of paying the contribution and the amount
contribution paid in each calendar years
C) of the periods listed in § 16 para. 4 second sentence of point. a), d) and e)
Pension Insurance Act, if these periods lasted
entire calendar month, or only part of a calendar month, if the employment
or other relationship with the employer, which constitutes participation in pension
insurance, lasted only for a part of the calendar month, in which
calendar month was recorded income, which is included in
assessment base for setting premiums for social security,
and the amount of income; employer are issued by these
times and the amount of income citizen's request for individual calendar years
.
(3) Citizens submitted to the confirmation referred to in paragraph 2 in connection with
application for a pension.
(4) If a self-employed person and a person voluntarily participating
annuity leads the appropriate district
Social Security records the data necessary for the implementation
pension insurance. District Social Security Administration is
request self-employed persons and voluntary contributors
pension obliged to issue her a certificate of participation
duration of the pension insurance and an assessment base for insurance on
social security contributions the state employment policy, and it
within one month of the date on which the request of that person was
delivered. District Social Security Administration sends the taxpayer retirement
if he is one of the institutions of social security as defined in § 9.
1, confirmation of the assessment base for setting premiums for
pension insurance and contribution to government policy employment
calendar year immediately preceding the year of granting pensions
self-employed person. ^ 56)
(5) In the case of persons registered with the regional branch of the Labour Office as
jobseekers, leads the regional branch of the Labour Office in
records data necessary for the implementation of pension insurance.
Regional branch of the Labour Office sent to the Czech Social Security Administration
through the Ministry of information about the period over which job seekers
belonged unemployment benefits or support for
retraining, and the period for which the unemployment
or retraining did not belong, and after every
calendar year. The provisions of paragraph 4, second sentence applies here
appropriately.
(6) In the case of persons with disabilities in the theoretical and practical
preparation for employment or other gainful activity leads
employer or educational institution, for which the preparation is carried out, the data records
needed for the implementation of pension insurance.
Provisions of paragraph 4, second sentence applies here mutatis mutandis.
(7) Extinction If the company [paragraph 1 point. h)]
without a legal successor, shall transmit the data referred to in paragraph 1. h)
District Social Security Administration referred to in § 39 par. 1, first sentence, and it
later than the date of deletion of a company from the commercial register;
This applies similarly cooperative.
§ 38
Registration sheets
(1) Employers and authorities carrying out tasks in pension insurance according to §
36 point. a) to d), f) to n), q), s), u) to w) ay) to ZJ) are required
lead to every citizen referred to in those provisions, which is
pension insurance , registration sheet. Registration sheet does
District Social Security Administration, if filling tasks employer
according to § 36 point. with).
(2) The registration form will lead to every citizen
for each calendar year. For each calendar year always leads new registration list, even though
continued participation in pension insurance by the same employer
previous calendar year.
(3) The registration form is fed from January 1 of the calendar year or the date of creation
citizen participation in pension insurance, was established if such participation after
first January and concluded on 31 December of the calendar year or the end of the day
participation ended when this participation before December 31.
(4) The registration form is recorded for each calendar year after accounting
statements (statements, wage sheets), but no later than April 30
following calendar year, and in the event of termination of participation in the pension
insurance before 31 December until 1 month after the final
statement of income, but not later than January 31 of the following calendar year
A) identification data of the employer
B) first name, last name, maiden name, date and place of birth,
permanent residence and personal identification number of the citizen,
C) the type of employment,
D) the period of participation in the pension insurance
E) the period of pension insurance
F) the assessment base for social security contributions
state employment policy,
G) the time when determining the personal assessment base pursuant to §
16 paragraph. 4 point. a), d) and j) Pension Insurance Act excludes
H) the time from the date of reaching the age required for entitlement to a pension
not considered as being employed for the purpose
increase in the percentage of old-age pension.
(5) The employer is obliged to issue copies of the registration form with
data referred to in paragraph 4; one copy is required to submit to a citizen
signature and establish in its records [§ 35a paragraph. 4 point. a)] and the second
copy of which bear the signature of an authorized employee or other authorized representative
and his stamp is obliged to issue a citizen, and it
no later than the day they submit registration certificate to the competent authority social
security according to § 39 par. 2 or 3. If a citizen disagrees with the registration
employer in the registration list and the employer on the basis
citizen requests registration sheet, including his counterpart corrected, may
citizen ask the district social security administration appropriate according to §
39 paragraph. 1 to 30 days from the date of receipt of copy of registration form that
this dispute decided. Appropriate District Social Security Administration may
missed deadlines mentioned in the second sentence pardon;
against the decision on relief can not be appealed and that decision is
excluded from judicial review. If it is a person in the service of
with the exception of public servants by Civil Service Act, applies sentences
second and third, by analogy with the fact that instead of the District Social Security Administration
competent social security institution referred to in § 9 paragraph. 1st
§ 39
Submission of registration form
(1) Registration sheets are submitted to the Czech Social Security Administration
through District Social Security Administration, in whose district the department
employer, in which a record is kept of wages. If
record sheets kept in a manner specified in § 123e paragraph.
2 and sent electronically via data reports submitted directly
Czech Social Security Administration data via the clipboard or a
e-mail addresses mailroom. If it is a person in service, with the exception
state employee by civil service law, or a citizen
who are entitled to pension from the pension insurance
members of the armed forces, presented a registration certificate authorities Ministries || | defense, interior and justice, according to which authority is competent to decide on
pension insurance benefits.
(2) The employer is obliged to submit a registration certificate within 30 days
A) the date of registration data in the registration form according to § 38 par. 4;
Ended when employment prior to December 31 and there is no doubt that the citizen
within 3 months again in the same calendar year of employment with the same employer enters
may not be submitted to the registration list and can continue
records for earlier registration list,
B) the date of his demise.
(3) The registration form, the employer is obliged to submit to the social security
always based its challenge within 8 days of receiving
challenges.
(4) Upon the death of a citizen to submit registration sheet
A) to request social security authority within a period designated by him,
B) within 3 months after the death, if no registration sheet
sought pursuant to point a).
(5) If it remains a citizen at work and after asking for a disability pension
, establishes for him a new employer registration sheet.
(6) Registration sheets shall be submitted on forms issued by the authorities
Social Security or in the manner specified in § 123e paragraph. 2 and 3
§ 39a
Submission of data on pension insurance
(1) If a person referred to in § 36 point. r) presents an employer or educational institution
data referred to in § 37 para. 1 point. a) to
c) within 8 days of the completion of the preparation of the Czech Social Security
.
(2) In the case of those who have left active military service, except
soldiers, presented by the Ministry of Defence data referred to in § 37 paragraph
. 1 point. a) and b) and information on the length and type of service within 8 days of the end of this
services Czech Social Security Administration.
(3) The District Social Security Administration sent upon written request
self-employed data referred to in § 37 para. 1
Point. a), with the exception of the pension insurance abroad point. b)
a point. d) an indication of the period during which the person was self-employed
paid sick leave, an indication of the time of participation in pension insurance and figure
the paid pension insurance premiums and contributions to the state employment policy
per calendar year.
(4) The District Social Security Administration sent upon written request
persons voluntarily sympathetic pension
data referred to in § 37 para. 1 point. a), with the exception of the pension insurance
abroad point. b) a point. d) an indication of the time of participation in the pension insurance
and data about paying premiums for pension insurance for each
calendar year.
(5) Data pursuant to paragraphs 3 and 4, sent to the local social security
the self-employed and voluntary contributors person
pension until 30 September of the calendar year following
calendar year in which they were these persons participate in the pension and insurance
they paid pension insurance premiums and
contribution to the state employment policy and premiums for pension insurance
, and on forms issued by the Czech administration of social security
. Unless otherwise agreed by the persons mentioned in the first sentence
data entered in this form, they may request, within 30 days of receipt of this form
District Social Security Administration for repair;
§ 38 para. 5 of the third sentence applies here mutatis mutandis. If it fails
District Social Security Administration an application under the second sentence, issued by
that decision; repair request is considered to be a request for initiation of proceedings
.
(6) The data referred to in paragraphs 1 and 2 shall be submitted on forms issued
Czech Social Security Administration or the manner set forth in § 123e
paragraph. 2 and 3.
(7) In the case of self-employed persons and persons
contributors to the pension presents
local social security information referred to in paragraphs 3 and 4 for each calendar year
Czech Social Security Administration .
§ 40
Legal entities or state bodies or their parts
performing high schools, colleges or
Conservatory and high schools are required by an authority
Social Security or the insured for his pension issue | || written confirmation of the form and duration of studies insured, including data on
commencement and termination or interruption of studies, if
in accordance with the law on Archives and records service
keep documents containing such information. This confirmation shall issue within 8 days of receiving
request for his extradition.
§ 40a
Informative personal pension insurance
(1) Social security institutions sent to citizens based on their written request
informative personal pension insurance (hereinafter referred
"indicative list"). Citizens have the right to send informative
sheet once per calendar year. The factsheet provides an overview of the times
pension insurance and for the period from 1986 overview assessment
foundations insured and excluded periods that are registered by the competent authority
Social Security. The factsheet, the body of social security
citizen within 90 days of receipt of the request.
(2) The social security based on citizen requests
prepare a new information sheet, proves for citizen participation in the pension insurance
under § 5 para. 1 point. a) and c) to t), and paragraph. 2 point. g)
paragraph. 4 of the Act on pension insurance or employment period prior to 1 January 1996 or
study period prior to January 1, 1996 and the assessment bases
insured or excluded periods in the period after 1985. The social security
send the citizen 90 days of receipt by the sentence
first new informative sheet taking into account the data demonstrated by
first sentence. First and second sentence does not apply to the calendar
year in which the information sheet drawn up, and
immediately preceding calendar year.
(3) Where the social security institution does not consider the time and other data
pursuant to paragraph 2, first sentence is sufficient evidence, new information
certificate is not produced, and within 90 days of receipt of an application under paragraph 2
First sentence sends a written communication to the citizen on the grounds that the time and other data
not sufficiently proven and that information about these times and other data
will be decided in the procedure of granting pension benefits
insurance; while citizen returns the documents submitted by him, until
own hands.
§ 41
Reports on the employment of retired
(1) The employer has a duty to report their entry into it to work
pensioners, granted in accordance with § 31 of the Law on Pension
insurance if the recipient of such a pension pursuant to § 37 para. 2 of the | || pension insurance does not satisfy the conditions for entitlement to the pension when
gainful employment.
(2) The report must include the surname, first name, personal identification number under which the
paid pension benefits, instead of permanent residence,
date of the entry into employment, or any other occurrence || | giving rise to the reporting obligation.
(3) In the case of a pensioner paid by the authorities of Ministries of Defence, Interior and Justice
, the report must also contain a number of decisions on the granting of a pension
.
(4) The employer has the obligation to submit a report to the authority
Social Security, which pays retirement.
(5) submitting a registration form pursuant to § 39 is not fulfilled the obligation imposed on employers in the
paragraphs 1 to 3
(6) Employers are obliged to submit reports on forms issued
social security authorities.
§ 42
The employer is obliged to issue to its employees, or
employees whose employment was terminated, at his request
confirmation of the period of employment during the calendar year during which the employee was
pension insurance. This confirmation is also the employer must give
District Social Security Administration on its request. This confirmation is
employer must give within 8 days of receiving the request.
§ 43
Prisons and institutes for security detention lead
record sheets for persons serving a prison sentence in custody and
preventive detention for a period during which these persons participate
pension insurance. For record-keeping and reporting of
persons mentioned in the first sentence shall apply mutatis mutandis the provisions of § 37 para. 1, § 38, § 39 and 41.
§ 44
Canceled
§ 45
The authorities of the Ministry of Defense, Ministry of Interior, Ministry of Justice
, general inspection of security forces,
Security Information Service, Office for Foreign Relations and Information, for whose
members of the Interior Ministry carried out pension insurance forwarded || | Czech social security administration registration sheet
member of the armed forces, if they are not relevant to the granting of a pension that
member. Czech Social Security Administration sends
bodies mentioned in the first sentence registration sheet citizen who was a member of the armed forces
if it is not appropriate to grant this citizen retirement.
§ 46
All submissions addressed to social security
employers are obliged to indicate the personal identification number of a citizen pursuant to § 51; provision
§ 51 paragraph. 1, third sentence shall apply accordingly.
§ 47
Canceled PART FOUR
The duties of citizens in the social security
CHAPTER ONE
Obligations of self-employed persons in the social security
§ 48
(1) self-employed person is obliged to inform the relevant
District Social Security Administration Day
A) initiation (resumption) of self-employment or
cooperation in self-employment (hereinafter
"self-employed") specifying the date from which it is entitled
carry out this activity; self-employed person who
cooperate in the exercise of self-employment, ^ 37) is currently
also required to notify the full name, permanent address and social security number of the person
self-employed, with which it works, || |
B) termination of self-employment;
after termination of self-employment is also considered day suspension of its activities for the
conditions specified in § 10 paragraph. 6 point. a) the second sentence of the Pension
insurance
C) termination of the right to exercise self-employed
D) from which it was suspended self-employment
E) of which is not entitled to payment of disability pension and allowance
parental or maternity benefits due to pregnancy and childbirth
if maternity belonged to the sickness insurance
employees stopped caring person a person under 10 years
which is dependent on the assistance of others in grade I (slight dependence)
or a person who is dependent on the assistance of another person
grade II (medium dependency) or grade III (heavy dependency) or in
level IV (full dependency), or ceased to care about this person in
fullest extent ceased to perform military service in the armed forces
Czech Republic, unless the soldiers occupation
ceased to be a dependent child or the date of termination of employment, if
announced and demonstrated the emergence of these facts for the purpose of enforcement side
self-employment.
(2) self-employed person who works in the performance
self-employment ^ 37) is required to notify the appropriate District
Social Security Administration also the day of the death of the self-employed
with which it works the exercise of self-employment, and whether
continues Trades ^ 38) or not.
(3) A self-employed person who works only
in self-employment, ^ 37)
facts stated in paragraph 1 letter. c) and d) do not report.
(4) The obligations referred to in paragraphs 1 to 3
self-employed person is required to meet at least the eighth day
calendar month following the month in which there was the fact that
obliging. Self-employed person who
announced and substantiated for the purpose of exercising self-employed secondary activity
facts stated in paragraph 1. e) is not obliged
announce the demise of these facts at the latest when submitting the statement of income and expenditure
from self-employment under special
Act.
(5) A self-employed person who personally cares about
person under 10 years of age, which is dependent on the assistance of others in grade I (slight dependence
), or a person who is dependent on aid
others in grade II (medium dependency) or level III (heavy dependence
) or in stage IV (total dependency), and announced that
fact for the purpose of exercising self-employed secondary activity is | || obliged in this notice to submit a written statement that
about this person fails to provide any other person or by written agreement of all persons currently
personally care about this person that was intended for a person who
caring for a person dependent on the assistance of another person to the fullest extent, or
decision of the district social security according to § 6 par. 4
point. a) item 13
§ 48a
(1) self-employed person can register with the relevant
District Social Security Administration to participate in the pension insurance
in the calendar year, at any time during, and in the following calendar year for
previous calendar year and no later than the day on which
served by special Act 39) income and
expenditure for the calendar year for which the participation of the logs.
(2) self-employed person performing the side
self-employment, which, due to subsequent changes
income from self-employment pursuant to § 10 par. 2 Act on Pension Insurance
failed to meet the conditions of participation in pension
insurance in the calendar year specified in § 10 paragraph. 2 and 3 of the pension
insurance may register with the appropriate district social security
for participation in pension insurance this year, ^ 41) and
in the day, which is served by a special Act Amending overview ^ 40)
(3) After the time limits specified in paragraphs 1 and 2 for filing
for participation in pension insurance can not submit this application.
§ 48b
(1) The reporting obligation set out in § 48 para. 1 point. a) perform
person employed in the prescribed form.
Notification obligation set out in § 48 para. 1 point. b) to e) and paragraph. 2 the person
self-employed writing.
(2) Applications for participation in pension insurance (§ 48a)
be submitted on prescribed forms.
§ 48c
The provisions of § 50 para. 1, § 51 and 53 shall apply to self-employed
analogy.
§ 48d
(1) A person specified in § 10a para. 1 may report pursuant to § 48 par. 1 point.
) And application under § 48b paragraph. 2 on the prescribed forms
issued by the Ministry of Industry and Trade done at the Licensing Office;
Duty to make this announcement at the appropriate district social security
in this case is deemed to be fulfilled.
(2) self-employed person is not required to prove the grounds on which
Self-employment is considered irrelevant
self-employment, if the Czech Social Security
indication of these reasons leads in its records or has the option
you get this information in electronic form in a manner enabling remote access
; Czech Social Security Administration is obligated to publish
reasons.
CHAPTER TWO
Canceled
§ 49
Canceled CHAPTER THREE
The duties of citizens in the pension insurance
§ 50
(1) Authorized or another recipient of pension benefits is obliged to notify in writing
payers dose within 8 days decisive for the duration
entitlement to the benefit, its amount and payment or delivery.
(2) The obligation of the beneficiary to report under paragraph 1 shall be deemed
be satisfied if the recipient reports countersigned by the authority
Social Security sent to the employer.
(3) An authorized recipient or other pension benefits shall notify in writing
payers retire a change of address or place of residence
another residence in the Czech Republic or residence abroad
if he is benefits shall be paid to an account at the bank.
§ 51
(1) applications, reports and other filings addressed to the authorities
Social Security is a citizen obliged to give their personal identification number or social security number
living parents, in the case of an orphan's pension
unilaterally orphaned child or birth certificate number of the last deceased
parents in case of an orphan's pension on both sides of an orphan child if
payer's income determines otherwise. Legal representative, guardian and special
recipients include your Social Security number and personal identification number, which would be obliged to indicate
citizen whose representative. In applications, reports and other filings
addressed to the authorities of the Ministries of Defence, Interior and Justice
citizen is obliged to indicate the number of decisions to award
retirement.
(2) A citizen is obliged to inform the employer filling tasks in the implementation
his pension to his call
decisive for the implementation of this insurance.
§ 52
(1) Applications for voluntary participation in pension insurance according to § 6
Pension Insurance Act shall be submitted on prescribed forms.
(2) citizen voluntarily participate in the pension insurance may be filed at any time
Deregistration of participation in pension insurance;
participation in the pension insurance expires at the date of deregistration from participation in the pension insurance
or the date in the future if such a day is given odhlášce;
If a person paid pension insurance premiums for the period prior to the date of filing
deregistration may unsubscribe retroactively for that period or part thereof
. Citizen voluntarily participate in the pension insurance according to § 6
paragraph. 1 Pension Insurance Act is obliged to Deregistration of
participation in pension insurance, if he ceases to be met for this
participation, within eight days; if this citizen by this deadline
Deregistration of participation in pension insurance, is considered
person participating in pension insurance individuals voluntarily participating in the pension insurance
according to § 6 para. 2 of the Act on pension insurance, if you already || | expired period referred to in that provision. Deregistration must be in written form
.
(3) citizen voluntarily participate in the pension insurance is required in writing
notify the appropriate District Social Security Administration
change in the data given in the application for voluntary participation in pension insurance and
call the District Social Security Administration disclose the relevant facts
for the implementation of this insurance, within 8 days of the change or
Date of receipt of the call.
(4) Citizen sympathetic pension saving is required when filing for
voluntary participation in pension insurance state that participates
retirement savings under the act governing pension savings;
If it becomes a participant retirement savings until after the filing,
communicate that fact within the time limit under paragraph 3
§ 53
(1) The recipient of pension benefits, which was by the social security
according to § 12 invited to certify the facts decisive for
entitled to pension benefits, the amount or payment is required to comply with this request
and within a period of 8 days of receiving the call, did not
if the social security institution for a longer period.
(2) The recipient of pension benefits conditional
adverse health condition, as well as the applicant for this benefit, which was invited
social security body under § 12, to undergo examinations
health condition or other professional examination is required of
summons. The recipient of pension benefits conditional
poor health, as well as the applicant for this benefit are further
obliged to challenge the social security body for the purpose of assessing the reduction in working capacity
submit medical findings of the attending physicians
they have, and provide information about educational attainment, experience and
knowledge of previous income-generating activities and changes in the notified
facts that have occurred since the previous assessment
decrease in working ability, and within the period specified in paragraph 1. || |
(3) Failure to comply with the obligations under paragraphs 1 and 2 may be
payment of retirement pension is stopped if the recipient
dose was prompted by the results notified.
PART FIVE
Fines
§ 54
(1) the failure or breach of the obligations set out in § 12 letter. d)
§ 15 paragraph. 1, second sentence, § 48 and § 48b of the respective district administration
Social Security to save the self-employed
fine of up to CZK 10 000 for each breach or violation | || obligations.
(2) The failure or breach of the obligations set out in § 11 para. 1, § 12
point. d) and § 15 para. 1, second sentence district social security administration
save employers a fine of up to 20,000
CZK for each breach or violation.
(3) The failure or breach of the obligations set out in § 16 para. 1
3, the competent District Social Security Administration to impose
medical service providers fine of up to CZK 20 000 and in
repeated failure or breach of obligations under the non-performance or breach
has been imposed, a fine of up to CZK 100 000.
(4) The failure or breach of the obligations set out in § 35a paragraph. 4
§ 37-43 and § 83 paragraph. 2 of this Act and Art. II section 1 of Law no. 424/2003
. amending Act no. 582/1991 Coll., on organization and implementation
social security, as amended, and
some other laws, the relevant local social security
save employers fined up up to 100 000 CZK and
repeated infringement or breach of obligations under the non-performance or breach
has been imposed, a fine of up to CZK 500 000.
(5) The failure or breach of the obligations set out in § 35a paragraph. 6 and 7 may
appropriate District Social Security Administration to impose holders of documents
fine of up to CZK 100 000 and at re-compliance or
breach of obligations under the non-compliance or violation has been
fine imposed fine of up to CZK 500 000.
(6) The failure or breach of the obligations set out in § 12 letter. e)
a district Social Security Administration to impose a fine citizen
up to 10 000 CZK.
(7) The failure or breach of the obligations set out in § 52 paragraph. 3 may
appropriate District Social Security Administration to impose citizen
voluntary pension insurance účastnému fine of up to CZK 10 000.
(8) A fine may be imposed within two years from the date on which the respective district
Social Security Administration learned of the breach or violation
obligation, but no later than five years from the day when the failure or
Breach. Fine may be imposed if the employer
for the same infringement or breach of duty imposed already
fine or other proprietary sanction other authority under any other law or
case of a body or department effecting social security | || members of the armed forces.
(9) Proceeds from the fines imposed by social security bodies under this Act
state budget revenue.
§ 54a
Disciplinary fines under the Administrative Procedure may at activities under this
Act and pursuant to the Act on Social Security Contributions
state employment policy-60b) deposited only by the social security
.
PART SIX
Proceedings in matters of pension insurance and social insurance
security contributions and the state employment policy and management matters
physically disadvantaged persons
Title One
Proceedings in matters of the disabled or disadvantaged
Heading left
Heading left
§ 55
Initiation of proceedings
(1) The procedure for recognizing a person as a person physically disabled
is initiated upon the written request of a citizen. Proceedings for recognition as a disabled person
disadvantaged can not start if the citizen was recognized disability
or the proceedings on a disability pension.
(2) Proceedings that citizen ceased to be disadvantaged persons,
be initiated upon the written request of physically disabled persons
or ex officio.
§ 56
Interruption and suspension procedure
(1) If a citizen in proceedings for recognition as a person physically disadvantaged
not undergone a medical examination or did not
findings of the attending physicians, which has, or has not failed to provide
or other data that are needed for prepare its opinion for the purpose
procedure for recognition as a physically disabled person, although it was
asked, proceedings may be stayed until such time as a citizen of this
subjected to examination or submit these findings or communicate or prove
required information if the citizen call warned of these consequences. It took
If a stay of proceedings under the previous sentence at least 12 months may
proceedings.
(2) The procedure for recognition of a citizen for physically disabled persons in the
interrupts the date of commencement of proceedings for a disability pension under consideration
citizen. District Social Security Administration continues
proceedings for recognition of a citizen for physically disabled persons, if the proceedings
a disability pension has issued a report that the citizen is not
disability.
§ 57
Acts participants
The provisions of § 36 para. 3 of the Administrative Code, the procedure for recognition as a citizen
physically disabled persons and proceedings that ceased to be a citizen
disadvantaged persons apply.
§ 58
Deadline for a decision
The deadlines for issuing decisions in proceedings for recognition of a citizen per person
physically disabled and in the management of that person ceased to be a citizen
physically disabled, extend the time limit for issuing an opinion
specified in § 16a paragraph. 2nd
§ 59
The decision
(1) The decision on the recognition of a citizen for physically disabled persons in the
as the day from which citizen he is disabled, states that
this day is the day on which the decision becomes final.
(2) In deciding that a citizen ceased to be a disabled person
disadvantaged, as the day from which the citizen is no longer a person physically disadvantaged
states that this day is the day on which this decision | || comes into force.
§ 60
Obligations of the disabled or disadvantaged
Physically disabled persons is obliged to challenge the district administration
Social Security to undergo a medical examination or other professional examinations
under § 16a par. 4 point. a) or b). If a person
physically disadvantaged fulfill this requirement, it ceases to be the date on
specified in the decision of the district social security (§ 59 paragraph
. 2) disadvantaged persons;
condition of issuance of this decision is that physically disabled persons was the call by the first sentence
warned of these consequences.
§ 61
Canceled Heading left
§ 62
Canceled
§ 63
Canceled
§ 64
Canceled
§ 65
Canceled
§ 66
Canceled
§ 67
Canceled
§ 68
Canceled Heading left
§ 69
Canceled
§ 70
Canceled
§ 71
Canceled
§ 72
Canceled Heading left
§ 73
Canceled
§ 74
Canceled
§ 75
Canceled
§ 76
Canceled
§ 77
Canceled Heading left
§ 78
Canceled
§ 79
Canceled Heading left
§ 80
Canceled CHAPTER TWO
Proceedings in matters of pension insurance
§ 81
Initiation of proceedings
(1) Proceedings on granting pension benefits shall commence on the
upon written request. The day of claiming this benefit is
considered the date when the first authorized contact the competent authority
requests for its return.
(2) Procedure for changing the provision or the amount already awarded pension benefits
insurance shall be initiated upon written request or ex officio
body which is competent to decide on this change, unless
otherwise specified.
(3) Proceedings on pension insurance benefits prevent the same thing took place
other proceedings.
(4) Procedure for conversion of an invalidity pension on retirement-60d) are
initiated ex officio.
§ 82
Applying for pension benefits
(1) Applications for granting pension benefits to citizens schedules
District Social Security Administration appropriate under § 7 para. 1 point.
B) on prescribed forms.
(2) For people who due to their health condition are not themselves
submit an application for pension benefits, may
with their consent and on the basis of a medical certificate on the health status of these citizens to submit this request
their family members.
(3) An application for pension insurance benefits to which entitlement during
imprisonment or detention or security
detention, elaborated with citizens on prescribed forms or prison
institute for security detention ; prison or an institute for security detention
submit the application within 8 days of the date of writing
District Social Security Administration under § 7 para. 1 point. b).
(4) An application may be filed four months before the date from which citizen requests
pension insurance benefits admit.
(5) The provisions of paragraphs 1 to 3 shall apply mutatis mutandis, asking if a citizen to change
invalidity pension due to changes in the degree of disability.
§ 83
(1) The District Social Security Administration is required to draft a request for
pension insurance benefits; writing may not refuse the request, even though
considers that a citizen does not fulfill the conditions laid down for entitlement to benefits
pension scheme or unless the citizen's request accompanied by the necessary documents
. District Social Security Administration is required when a citizen
scheduling application for pension insurance benefits amounting to inform
cost of the benefit payment in cash by post
license; this obligation does not apply in the case of § 64 para. 4 second sentence
Pension Insurance Act. First and second sentence shall apply mutatis mutandis to
prison and institutes for security detention if they are in accordance
§ 82 para. 3 corresponding to write applications for pension insurance benefits.
(2) The employer shall within 8 days of receiving the invitation
District Social Security Administration scheduling application for the benefit
pension insurance, communicate in writing to the administration, whether
A) implementation of the income of the applicant for benefits pension insurance deductions
Based ordered a judicial or administrative enforcement, bankruptcy or
agreement on deductions from income concluded under the Civil Code,
indication of who this decision issued a number of rules
decision, and the case of deductions for maintenance, whether it is a conventional or
alimony owed and what is its above
B) takes the employment relationship of the applicant for a pension on the date from which
citizen applies for the award of this pension, and for how long this relationship
agreed, conditional on the payment of retirement negotiate
employment relationship for a fixed period
C) pays compensation for wages, salary or remuneration or reduced salary (reduced
Reward) during the first 14 calendar days in the period from 1 January 2012
31 December 2013, the first 21 calendar days of temporary work incapacity or quarantine
and the date of this inability or
date from which he was ordered into quarantine.
(3) The application for the benefit of pension insurance citizen may request that the
period referred to in § 16 para. 4 second sentence of point. a) to k) of the Act on Pension Insurance
considered according to § 16 para. 8 of the Act on pension insurance for
excluded periods. The application pursuant to the first sentence states
which times and which calendar years with a procedure pursuant to § 16 para. 8
law on pension insurance cover.
(4) An application for a retirement pension to which entitlement
according to § 29 para. 5 of the Pension Insurance Act, a citizen who was
participant retirement savings under other legislation ^ 75)
shall state the method of determining the percentage assessment according to § 35 para. 2
point. a) or b) of the Act on Pension Insurance. If a citizen chooses
method for determining the percentage calculation in accordance with § 35 para. 2 point. a)
law on pension insurance is also required to comment on the application for granting of this pension
its consent to the transfer of 60% of the funds saved in
pension savings to the state budget; Czech Social Security Administration
is based on the consent of the citizen is obliged to immediately invite
pension company with which he is a citizen participant
retirement savings, this transfer. A similar obligation applies authorities
social security listed in § 9.
§ 83a
Parties
Proceedings in matters of participation of the insured in pension insurance and the accuracy of the content
copy of registration form (§ 38 par. 5)
party also one who performs tasks in pension insurance according to § 36 point
. a) to d), f) to s) and) to zj).
§ 83b
Interruption and suspension procedure
(1) If a citizen in the management of pension from the pension insurance
conditional long-term adverse health conditions not undergone testing
health condition or for the purpose of assessing the reduction in working capacity
failed to submit the findings of the attending physicians, which has, or
did not communicate data on educational attainment, experience and knowledge and previous
income-generating activities, even though it was on this examination, presentation or communication
invited proceedings may be stayed until such time as a citizen of this examination
undergo or submit these findings or communicate
required information if the citizen call warned of these consequences. It took
If a stay of proceedings under the previous sentence at least 12 months may
proceedings.
(2) The social security shall stop the procedure if a request is made by
more than one month earlier than the deadline specified in § 82 para. 4. If
application is filed by more than one month earlier before the deadline specified in § 82 paragraph
. 4, the social security institution suspend the proceedings and the first day
deadline for the application of § 82 para. 4 continues the proceedings of
ex officio.
(3) The social security shall stop the procedure if a request for initiation of proceedings
submitted after the deadline specified in § 85 para. 2 sentence
other.
§ 84
Evidence
Proceedings in matters of pension insurance can be used as evidence
records on technical media, micrographic records, paper products
optical archiving system and printed or photographic products
other computer technology instead of the original document, according to which
contents were taken, unless the nature of things does not mean that it is necessary to submit
original or officially certified copy of the deed.
§ 85
Demonstrating some times
(1) Proceedings in matters of pension insurance is proving
A) the period of military service certificate issued by competent military authority
,
B) the period of resistance activities and field service certificate issued by competent military authority
,
C) the period of stay abroad, after which the woman accompanied her husband, who worked as
employee abroad or expert abroad
confirmation employer who sent her husband a woman abroad
D) the period of compulsory community service confirmation government authority which issued
call-up order for entering the civil service
E) the duration of unemployment before January 1, 1996 confirming the authority of state
Administration, who led the citizen as jobseekers
F) period of study at secondary schools, colleges and universities in
abroad by the Ministry of Education, Youth and Sports of the fact that
study at these schools is equated with studies at secondary, higher
secondary schools and universities in the Czech Republic.
(2) Times of care specified in § 6 par. 4 point. a) paragraphs 11 and 12 show
decision by the District Social Security Administration on time and
extent of the care. The proposal to initiate proceedings under the preceding sentence
submitted on the prescribed form; This proposal may be filed after
completion of that treatment or in its duration in connection with the filing
application for a pension, but not later than two years after ending care
specified in § 6 par. 4 point. a) paragraphs 11 and 12
Application initiating proceedings under the first sentence may be filed even surviving, which claims
to a widow, widower or orphan's pension after a citizen who cared about
persons referred to in § 6 . 4 point. a) point 11 or 12. District Administration
Social Security submitted to the Czech Social Security Administration
copy of the decision referred to in the first sentence, within 8 days of
coming into force of this Decision.
(3) Education and child care for children under 4 years of age prior to 1 July 2007
evidenced woman because of the child's upbringing applies
qualify for a lower retirement age and asks for a credit period of care a child
its solemn declaration and the child's birth certificate or other evidence of
relationship to the child.
(4) The child care period up to 4 years of age after 30 June 2007, demonstrates
affidavit when submitting an application for a pension and the child's birth certificate
or other proof of relationship to the child.
Affidavit was submitted on the prescribed form. In the solemn declaration states
A) the name or names and surname of the child-60c) and its identification number,
B) the name or names and surname and ID number of the person in whose
personal care was mainly dependent child, and her relationship with the child,
C) the name or names and surname of the child's other parent, if known,
and his birth number
D) the duration and extent of child care
E) a statement that at the same time the child cared for by another person, and if so
name, or the name and social security number
this person's relationship to the child and the duration and extent of care another person's child.
(5) To prove the period of insurance can be used affidavit least 2
witnesses and applicants for pensions or pension arrangements, unless this period
prove otherwise.
(6) The District Social Security Administration pursuant to § 6. 4
point. a) point 12 shall be considered as a basis for the decision of
empowered to decide on the dose of pension insurance, if
was issued after submission of the application for this benefit; this decision
party management is not delivered and is included in the decision on benefit pension
insurance.
§ 85a
(1) Proceedings in matters of pension insurance does not apply provisions of the Administrative Procedure
on observations from the background to the decision;-22a)
initiate proceedings ex officio ^ 22b), the participants usually do not report.
(2) The decision of granting pension benefits is the body
Social Security must issue within 90 days of the initiation of proceedings
; § 71 para. 3 point. b) the Administrative Procedure
unaffected.
§ 86
The decision
(1) Decisions on matters of pension insurance shall be in writing if
not stated otherwise. When the decision in using automated computer technology
decision may be issued in
international alphabet printed with a stamp of authority and social security
name, surname and function of the employee responsible for the decision
.
(2) A written decision will be issued, if it is a mass increase
paid pension insurance benefits; In these cases
citizen receives written notice of the increase in these benefits. In case of disagreement with
procedure referred to in the first sentence may be filed within 60 days after the repayment of benefits
pension insurance, since that change was made to the above authority
social security announcement has sent a written request for release
Decision to increase the dose; social security institution issued within 30 days
date on which he was such application is received, the decision to adjust the dose
pension insurance made pursuant to the first sentence.
(3) The authority deciding on a disability pension in Decision always
about the degree of disability is, the onset of disability or the day from which
changing the degree of disability, percentage of reduction in working
the ability of the insured, and if the non-working capacity decrease of at least 70%
also indicate whether the insured person capable of gainful employment for quite
exceptional circumstances, the authority that assessed the health and working ability of the insured
and the date of the assessment, and in the case of
work injury or occupational disease, whether the fact that
disability resulted from a work injury or occupational disease.
(4) The creditor may, within 30 days of notification of the decision
social security authority may request in writing to change the date
A) granting a pension or payment; such a request may submit no more than twice
when granting the same retirement
B) release retirement pension or retirement payment device
income, which was not equipped from the date of granting of this pension;
such application may be made only once over the same release or device
payment;
Act on this request shall issue a new Social Security
decision and also cancel the previous decision.
(5) The creditor may, within 30 days of notification of the decision by the Czech Social Security Administration
writing that the period referred to in § 16 paragraph
. 4, second sentence, point. a) to k) Pension Insurance Act
considered according to § 16 para. 8 of the Act on pension insurance for
excluded periods; Based on this application, the Czech Social Security
new decision and also cancel the previous decision.
The provisions of § 83 paragraph. 3 second sentence similarly applies here yet.
Request under the first sentence may be filed even if no application is made pursuant to § 83 paragraph
. 3 first sentence. The request under the first sentence may be empowered to
no more than twice in the case of the granting of the same age; while it may request
also to ensure that the period referred to in § 16 para. 4 second sentence of point. a) to k)
Pension Insurance Act at the time did not feel excluded.
(6) The social security authority in matters of pension insurance
must contain instructions on how to submit objections, the period within which
can lodge objections, the date from which the period is calculated, one of the opposition
and decides which of the authorities, the opposition is served; the lesson
further states where objections have no suspensive effect.
§ 87
Underlying the decision
Decision of the district social security according to § 6 par. 4
point. a) Points 1, 3, 11, 12 and 17 and the decisions of the authorities
social security as defined in § 9. 1 according to § 38 par. 5
fourth sentence is deemed to be the basis for the decision of the authority competent to decide on || | dose pension insurance, if it was issued after submission of the
this benefit. The decision referred to in the first sentence is contained in the decision
dose pension insurance.
§ 88
Objections
(1) The decision of the social security institutions listed in § 3
paragraph. 3 point. b) d) through f) in matters of pension insurance can be as
ordinary appeal submit written objections within 30 days of its notification
party.
(2) If a party to the proceedings before the deadline for filing objections
submission of documents for pension calculation, or to quantify the overpayment
who is obliged to pay, commences a new deadline for filing objections from
the day on which these documents were delivered.
(3) Objections shall be submitted to the social security body which issued the decision
. Objections must contain the same details as the appeal filed
according to § 82 of the Administrative Code.
(4) The social security institution will decide on the objections within the time limits set
according to § 71 of the Administrative Procedure; These periods shall run from the date of receipt of complaints
social security authority which is responsible for
decision on the opposition. If the decision depends on the opposition to assess the health status
(§ 8 para. 9), the deadline under the first sentence of
60 days. The social security review decisions against
Which are being challenged in their entirety; this is not restricted
lodged objections.
(5) Objections have suspensive effect, with the exception of objections filed against
decisions issued under § 116, paragraph. 2, second sentence, § 118a paragraph.
1 to 3, § 118b and 118c and § 64 para. 2 and 5 of the pension insurance Act.
(6) Objections may be submitted against decisions of the Social Security
of opposition or appeal.
(7) Opposition proceedings must be kept separate from the decision-making authority
Social Security in the first instance; not to participate in it nor
adjudicate persons who participated in the proceedings of the contested decision
.
(8) Unless otherwise specified in paragraphs 1-6 and 9 stipulates otherwise, the
opposition proceedings, a decision on the opposition and to review procedures and
retrial concerning decisions on objections administrative procedure with
that § 90 par. 1 point. b) § 90 par. 3 and § 90 par. 6, second sentence
Administrative Procedure do not apply, and the period during which the ongoing review
judicial proceedings, the period referred to in § 97 para. 2 and § 100, paragraph .
2 of the administrative procedure do not arise, and review proceedings or a retrial, which relate
decision on the opposition can not start or continue them.
(9) Objections may be filed also by any district social security
if the decision issued by the Czech Social Security
; the effects of the opposition are preserved if they have been submitted
District Social Security Administration within the period specified in paragraph 1
District Social Security Administration is obliged to cede objections immediately
Czech Social Security Administration.
§ 88a
Legal powers and remedies
(1) The decision of the authorities of social security as defined in § 3 para. 3
point. b) d) through f) in matters of pension insurance is in force,
if it has been notified and can not dispute it.
(2) Decision of the social security authorities referred to in § 3 para. 3
point. b) d) through f) of opposition comes into force on the date of notification.
(3) The social security authorities referred to in § 3 para. 3
point. b) d) through f) in matters of pension insurance, which is not
force is provisionally enforceable, with the exception of decisions against
which were filed objections which have a dilatory effect.
(4) against the decision of the social security authorities referred to in § 3
paragraph. 3 point. b) d) through f) in matters of pension insurance, including
decision on objections to appeal or decomposition admitted.
§ 89
Judicial review of decisions in matters of pension insurance
(1) From a judicial review are excluded decisions that are
basis for decisions on pension from pension insurance;
court will review such a decision only when deciding on an action against the authority's decisions
Social Security retirement.
(2) If in the matters of pension insurance
determine the jurisdiction of the regional court of an action because the petitioner is not in the territory of the Czech Republic
residence and did not dwell on that territory, ^ 61) is
this matter for
A) Regional Court in Brno, if the claimant is domiciled in the Slovak Republic
,
B) The Regional Court in Ostrava, if the petitioner resides in the territory of the Republic of Poland
,
C) The Regional Court in Plzen, if the petitioner resides in the territory of the Federal Republic of Germany
,
D) The Regional Court in Czech Budejovice, if the petitioner resides in the
Republic of Austria,
E) regional court designated by the last place of residence of the applicant
to the Czech Republic is not possible to determine the jurisdiction of the regional court by
letters a) to d)
F) Regional Court in Prague, you can not specify the jurisdiction of the regional court of
under subparagraphs a) to e).
§ 90
Service of documents
(1) into their own hands to deliver
A) decisions in matters of pension insurance
B) reports sent pursuant to § 8. 10 and § 16a par. 6
C) notice under § 53.
(2) The obligation of the social security body to deliver a document is
met once a legitimate or another beneficiary of the pension insurance
document assumes or when the holder of a postal
license is returned to the sender as undeliverable and legitimate, or else || | recipient of pension benefits from an act or omission
Serve it thwarted. The effects of delivery shall occur even if
authorized or another recipient of pension benefits
adoption of the document will be rejected.
CHAPTER THREE
Canceled
§ 91
Canceled
§ 92
Canceled
§ 93
Canceled
§ 94
Canceled
§ 95
Canceled
§ 96
Canceled
§ 97
Canceled
§ 98
Canceled
§ 99
Canceled
§ 100
Canceled
§ 101
Canceled
§ 102
Canceled
§ 103
Canceled
§ 104
Canceled CHAPTER FOUR
Proceedings in matters of social security contributions and the state employment policy
§ 104a
Object Management
Subject of the proceedings deciding on Social Security and
contribution to the state employment policy (hereinafter the "Insurance")
in contentious cases and in cases stipulated by a special Act 72 ^) o
advances insurance in contentious cases and in cases specified
special law ^ 42) on penalties for paying overdue premiums and penalties
in installments ^ 51) a surcharge on premiums for social security and
penalties and decisions lien if the debt on
premium or penalty.
§ 104b
Territorial jurisdiction
(1) The territorial jurisdiction of the district social security department manages
place of the employer, in which a record is kept of wages, or
seat of the employer, unless stated otherwise.
If the employer is a natural person who manages the territorial jurisdiction of the District Social Security Administration
place of permanent residence of the individual.
(2) The territorial jurisdiction of the district social security is governed
A) the employer's seat or seat lower component employer
if the proceedings relate to that lower folder if it is the subject of proceedings
deciding surcharge on premiums for social security
B) permanent residence self-employed, if
subject of the proceedings deciding on premiums self-employed
about penalties and fines for the self-employed person,
or, in the case of foreigners, the place of residence ^ 9) in the Czech Republic
, and does not self-employed or reported
permanent residence in the Czech Republic and their place of permanent residence is in
abroad, a place of self-employment the Czech Republic
; If several places of self-employment is
competent district Social Security Administration, in whose district
statements by individuals prevails self-employment
activities
C) the territorial jurisdiction of the District Social Security Administration for the disability insurance
delegated by the Czech Social Security Administration
according to § 83 paragraph. 6
Act on Health Insurance.
§ 104c
Deciding
(1) O insurance, advances on premiums, penalties and surcharge on premiums for social security
decides District Social Security Administration
form of payment assessment, with the exception of deciding on the payment of arrears
premiums and penalties in installments , the abolition of the probable level
insurance premium refund of overpaid premiums overpaid advances
premiums and a reduction in installments. Payment order must contain
also marking employer who is premium, penalty or surcharge to
on social security contributions prescribed and advice on the enforceability
. Demand for payment of an insurance premium or insurance premium prepayments
must also include instructions on the obligation to pay a penalty.
(2) The provisions of the Administrative Code of initiation of ex officio ^ 22c)
is a payment notice apply.
§ 104d
Notification of the decision
Decision on the surcharge on premiums for social security is delivered also
authority which decided on the deficiencies of the reason
surcharge on premiums for social security stores.
§ 104e
Judicial review
From judicial review decisions are ruled by
A) allow or repayment premiums and penalties, ^ 21)
B)
Canceled.
§ 104f
Legal power and enforceability
(1) The tax assessment is enforceable regardless of the legal power if its delivery from
passed 15 days. Decisions about paying overdue premiums
and penalties in installments is enforceable regardless of the legal power of the day,
therein defined as the due date of the first installment debt.
(2) An appeal against the decision to cancel the license installments unearned premiums and penalties
^ 64) does not have suspensive effect.
§ 104 g
Statement of arrears
(1) Amounts due on premiums and penalties may
local social security also prescribe for the payment of arrears statement. The statement must include the arrears
A) designation employer who exhibit the arrears,
B) the amount of arrears by the state employer's account on a certain date
based on data reported by the employer, or also from
amounts which have been prescribed by a payment assessment of penalties
calculated on this date, and accessories, which are the costs of enforcement
premium after deducting executed payments
C) the date on which the amount of arrears identified,
D) guidance on the enforceability
E) the lessons of objections
F) designation District Social Security Administration, which issued a statement
arrears and the date of issue; a statement of arrears must be
official stamp and signed with the name, surname and function
authorized person.
(2) Statement of arrears enforceable on the day counterpart.
Statement arrears shall be delivered in the same way as the demand for payment.
(3) against the statement of arrears may District Social Security Administration, which
arrears issued a statement, made within 8 days from receipt of the written
object if the employer disagrees with the existence of the debt on premiums and penalties
or its size; the reason for the opposition
employer is obliged to state objections. Objections have suspensive effect.
(4) Upon opposition District Social Security Administration within 30 days from delivery
issuing a decision statement arrears either
confirm if it was correctly determined the amount of arrears, or canceled. If
District Social Security Administration decides on the objections within
mentioned in the first sentence, it shall report the arrears force.
(5) The procedure for issuing the statement of arrears are not covered by an administrative order.
§ 104H
Enforcement
(1) Enforceable decisions in matters of insurance and enforceable statements
arrears are title for judicial ^ 34) or administrative enforcement.
(2) Administrative enforcement of judgments in matters of insurance carried by the body
which issued the decision in the first instance; this also applies to statements
arrears.
§ 104ch
Waive penalties
(1) The Ministry in its field also Ministry of Defence,
Ministry of Interior and Ministry of Justice may fully or partially waived
because of the harshness of penalties.
(2) The Ministry may delegate the implementation of its authority
referred to in paragraph 1 Czech Social Security Administration or
District Social Security Administration. The authorization shall specify closer
conditions, particularly the circuit grounds and the amount of the penalties for these reasons
may be waived.
(3) Where an application for remission of the penalty rejected may file a new request
until after 60 days from the date of receipt of the rejection decision.
In this new application can be invoked the same reasons that already contained
original request. While repeating the reasons already rejected the new application
without assessing postponed. The postponement of the applicant shall be notified.
(4) The decision on the application for remission of the penalty may not contain
reasoning and appeals against it are unacceptable. On the procedure for remission of penalties
does not apply to administrative rules.
§ 104i
Lien
(1) The District Social Security Administration can to ensure
enforceable claims on the insurance and penalty decision to establish a lien on the property
insurance payer, which has a debt premiums or penalties (hereinafter
"the debtor" ) under the conditions stipulated by the Civil Code unless
this Act stipulates otherwise.
(2) When deciding on the lien shall be governed by the Administrative Procedure
with the following exceptions:
A) the initiation debtor notification,
B) proceedings are initiated ex officio and is initiated on the date the district
Social Security Administration has made in the management of the first act
C) appeal against the lien does not have suspensive effect
.
(3) The District Social Security Administration is entitled to require the debtor
documents of ownership of things; in the application, reporting, for what purpose
require these documents. To determine the subject pledge credentials
employees of the district social security
entitled to enter into operational buildings and other premises owned or occupied
debtor and the debtor to require submission of documents on property they intended
things. The borrower is obligated District Social Security Administration
and authorized employees of the District Social Security Administration to provide
request within the prescribed period, which shall not be less than 3
days, documents on matters of owned and facilitate entry by the second sentence;
For failure to comply with these obligations can local social security
impose debtor fine up to 20 000 CZK.
(4) The lien arises on the day of receipt of the decision by pledging
rights of the debtor. A mortgage recorded in the Land
real estate, as well as other matters on which they are kept
public registers, there is the date of delivery of judgment lien
relevant Land Registry, which leads cadastre,
or the one who maintains a public register.
(5) The District Social Security Administration is authorized to decide on
lien on the owner's property, which is different from the debtor, on the basis
written consent of the owner with a notarized signature.
(6) The District Social Security Administration will send the decision on the establishment
lien on record in the Register of pledges kept
Notarial Chamber of the Czech Republic to the extent determined by the Civil Code;
Record makes Notarial Chamber of the Czech Republic free of charge.
(7) the lien decision of the district social security
also lapses on the date of the decision, which the district
Social Security Administration cancels the lien or canceling
decision that the lien.
CHAPTER FIVE
Shared management arrangements
§ 105
Party may independently of management to act in the extent to which
, according to the Pension Insurance Act
legal capacity in social security.
§ 106
(1) Hardness social security provisions can be resolved on the basis
written and reasoned request of a citizen in whose favor to be removed
hardness. The new request to remove hardness can not be relied
same reasons which have included the original application;
while repeating these reasons, the new application is deferred and the applicant will be notified about this
. The proceedings on the request for removal of hardness
not subject to general regulations on administrative proceedings. The application procedure for removal
hardness can not begin, or resume, the period during which
ongoing judicial review proceedings.
(2) Decision on the harshness of the regulations on social security
are excluded from judicial review.
§ 107
Decides if the social security institution based on judgment of physician
District Social Security Administration or the review board
ministry, which was observed long-term health condition
party, marked on the decision period of its validity;
It does not apply in the case of pensions contingent
term unfavorable health condition.
§ 107a
(1) The deadline for issuing a decision in proceedings under this Act except
periods specified in the administrative order also extends the period during which the relevant facts
došetřují with employers and other legal entities or individuals
, administrative offices, non-resident holders
health, pension, health and accident insurance
(security), and the time that the social security institution established
to the person who made the submission, submission to eliminate shortcomings.
(2) The social security can proceedings under this Act
also interrupted for a period corresponding to the period stipulated for the elimination of deficiencies
administration.
(3) The relief referred to in § 85 par. 2, second sentence
can be requested at any time.
§ 108
Canceled
§ 109
If this law states otherwise, is to decide in the first instance
appropriate District Social Security Administration. District Administration
Social Security are relevant to the decision at first instance also
disputes about the creation of participation in pension insurance.
CHAPTER SIX
Proceedings in matters of pension insurance of members of the armed forces
§ 110
Claim for benefits
(1) A member of the Police of the Czech Republic or Fire Rescue Brigade of the Czech Republic
a request for pension insurance benefits for
department in which they held a service; A survivor of a member of the Police of the Czech Republic or
Fire Brigade of Czech Republic serves
application for this benefit for the department in which the deceased was held last service.
A member of the general inspection of security forces and the survivor of this member
submit an application for pension insurance benefits for
General Inspection of Security Forces.
Member of the Security Intelligence Service and the survivor of this member has lodged an application for a benefit
pension insurance of the Security Information Service.
Member of the Office for Foreign Relations and Information, and a survivor of this member
submit an application for pension insurance benefits at the Office for Foreign Relations and Information
. Other privileges submit an application for a benefit
pension for social security authority of the Ministry of Interior
or department of the Police of the Czech Republic or
at the Fire Brigade of the Czech Republic, the place of permanent residence
authorized to accept applications for benefits under the first sentence.
(2) of the Prison Service submitted a request for retirement benefits
insurance for the department in which they held a service; This also applies if the application of this
dose administered after surviving member of the Prison Service. Other
authorization shall submit an application for a benefit pension scheme with an institution
Social Security Ministry of Justice.
(3) professional soldiers of a request for pension insurance benefits for
social security authority of the Ministry of Defence; It also applies if
request for pension insurance benefits administered citizen who was
professional soldier, or other legitimate if the decision on the dose
competent social security institution of the Ministry of Defence.
(4) departments and authorities which are competent under paragraphs 1-3,
are obliged to draft a request for pension insurance benefits;
writing may not refuse the request, even though they consider that a citizen does not fulfill the conditions laid down for
entitled to pension benefits, or if the request is
citizen accompanied by the necessary documents. The request shall be drawn up on forms
issued by the authorities referred to in § 9. 1. The provisions of § 83 paragraph. 1
third sentence applies to services and institutions mentioned in the first sentence accordingly.
Departments and authorities referred to in paragraphs 1 and 2, which had drafted the application for benefit
annuity immediately transmit the request to the competent authority
Social Security Ministry of the Interior or the Ministry of Justice
.
(5) Individuals who submit an application for a pension age or disability pension u
authorities referred to in paragraphs 1-3, and at the time of filing this application
not in service, attached to the application for the pension
confirmation of the employer for which they are in a relationship that is based on participation
pension insurance for the duration of this relationship, the date of its completion and
whether they are in temporary incapacity or were ordered
quarantine; the employer shall at the request of a citizen of this confirmation
issue. The provisions of the preceding sentence shall apply mutatis mutandis to the district administration
Social Security if he pursues citizen self
activity.
§ 111
Canceled
§ 112
(1) Proceedings in matters of pension insurance of members of the armed forces
Provisions similar to head the second and fifth, with the exception except
§ 82, § 83 paragraph. 1 first and second sentence, § 83 paragraph. 2, § 88 para. 9 and §
109s.
(2) The provisions of § 6 para. 4 point. a) shall apply mutatis mutandis to the authorities
social security listed in § 9.
PART SEVEN
Canceled
§ 113
Canceled
§ 114
Canceled PART EIGHT
Common provisions
§ 115
Accorded when the authority of social security pension benefits,
which excludes the provision of any other pension benefits paid
him, but granted by another body, decides simultaneously on the withdrawal
this benefit. If the conditions for entitlement to retirement
retirement or disability pension and widow's, widower's or
orphan's pensions paid by both the authority that pays old-age or disability
; ceases to be entitled to payment of a retirement pension or invalidity
, paid a widow, widower or orphan's pension continues
authority that paid the two pensions. If the conditions for entitlement to payment of pension
widow's or widower's pension and orphan's
pays both pensions authority, which pays a pension or survivors' pension.
Was paying If an orphan's pension together with a widow's pension
social security institution which was not competent to decide on their returns, but
who was responsible for the payment of old-age pensions or disability
widows, orphans' pension continues to be paid after another marriage of a widow;
this applies similarly in the payment of an orphan's pension together with a widow's pension.
If the conditions for entitlement to orphans' pensions at various organs
Social Security pays pensions to the authority
Social Security, which pays higher orphan's pension.
Social security body, which according to previous sentences
responsible for pension payments, it is appropriate also to decide on retirement.
§ 115a
(1) If a due process pursuant to § 86 par. 4 and 5 overpayments
cleared along with payment by newly determined amount of pension or pay
deductions from the pension paid. According to the first sentence shall proceed in
when reducing the amount of pension from the Czech pension insurance
due process under the directly applicable European
community or international treaties. The provisions of § 118a paragraph. 4 is
procedure by first and second sentences affected.
(2) If an old age pension or disability pension
third degree retroactively for the period for which they were paid sickness
cleared sickness benefits paid during the period for which the Act on
no eligibility for health insurance beneficiaries of this income, with payment of retirement
. If the supplement retirement or disability pension for disability
third degree is not enough to cover the overpayment
sickness or overpaid from the supplement was knocked down, condenses the overpayment, the overpayment
possibly the rest of the regular monthly payments of retirement;
When determining the amount of monthly precipitation will proceed similarly to exercise judgment
deductions from retirement.
§ 116
The deadlines for the payment of benefits
(1) Pension insurance benefits are paid in advance at regular monthly intervals
designated payer of benefits, unless otherwise further.
(2) The social security institution deciding on granting benefits
pension insurance may require the applicant to grant this benefit
provide advance payment of benefit, if it considers that the conditions for entitlement to benefits are satisfied
; if these conditions were not fulfilled, the applicant shall immediately return the advance
. After granting pension benefits cleared
social security institution advances made with the benefit granted.
Pension insurance benefits, which amount to less than CZK 300 per month,
may be paid in longer than monthly intervals, but no longer than
period not exceeding six months.
(3) Pension Benefits abroad are paid in arrears exceeding
three-month periods after the previous sending confirmation of living
authorized; this applies similarly, if paid retirement benefits
insurance pensioner permanently living abroad to an account at a bank in the Czech Republic
. The provisions of paragraph 2, third sentence shall apply mutatis mutandis here.
§ 116a
Income from employment abroad means income from such
gainful activity abroad is subject to the pension scheme by
regulations applicable abroad, and to the extent in which such income is subject to this insurance
.
§ 116b
Payment of pension benefits in cash conveys
holder postal license. Reward postal license holder for mediation
payment of benefits is determined by price regulations. ^ 73)
§ 116c
Recipients of pensions, placed in social care homes with year-round residence
, perform the payment of pension benefits in cash
these institutions, if this method of payment recipients of these agree
Institute filed a request for payment in this manner social security authority and the
this manner agrees or payment within 30 days of receipt of the request
constitution did not say that this method of payment disagree.
§ 116d
Payment of pensions in the healthcare facility inpatient care
(1) If the residence of a pensioner in a medical facility
provider of inpatient care lasts longer than one calendar month, or if it can be
assume that this stay will last longer than the period specified, the pensioner
, paid when his pension in cash
ask for payment of a pension in this medical facility.
(2) PENSIONER send a written request for payment of a pension to a medical facility
inpatient care by health service providers
any premises licensed postal services.
The request must include the name and surname of a pensioner, his
birth number, place of residence, address
providers of health services mentioned in the first sentence and address of the medical device to
which will be sent to pension payments if not identical with an address
provider; medical service provider confirms that
request that the stay of a pensioner in a medical facility
inpatient care it takes or will take longer than one calendar month, and accuracy
address to which payment is to be paid on retirement. The application is submitted
form issued by the postal license holder. Based on this request
pays establishment licensed postal pension
address specified in the application.
(3) The provider of medical services is required
A) during hospitalization pensioner assume upon request
referred to in paragraph 2 pensions paid to a medical facility and
pass this pension beneficiaries immediately after its receipt,
B) received a pension or part thereof imposed if a recipient of a retirement
requests or unless the pensioner unable to take over the pension,
C) amounts received retired pensioner at his request in writing
charge,
D) to report within eight days the premises license holder of the post, which highlights
pension payments to medical facilities, termination of residence
pensioner in a medical facility inpatient care;
in case of death of a pensioner's medical service provider is obliged
establishment postal license holder shall immediately return the sum retirement
received after the death of a pensioner.
(4) damage to the amounts of income, which was for a pensioner
paid and healthcare providers assumed to transfer
pensioner or disposal in accordance pensioner
provider of health services under the Civil Code ^ 34a).
§ 117
Pension Benefits of the armed forces shall be paid
specified payment date on a calendar month. Payday
provides benefits in the fields of its competence ministers of defense, interior and justice
.
§ 118
Payment of pension benefits to special recipients
(1) A special beneficiary of pension benefits is
A) citizen designated by decision of the municipal authority under § 10;
in justified cases, it may be a special beneficiary established legal entity
B) citizen who has been the orphan's pension is paid until the date
incapacitation of a child, and since that date.
(2) Citizen mentioned in paragraph 1. b) or beneficiary may at any time after the acquisition
incapacitation ask payer pension benefits that
levy has been paid into the hands of the creditor; failing that, a benefit is paid
continue hitherto recipients.
(3) The municipal authority shall appoint a special recipient with his consent
in cases where the benefit payment recipients hitherto apparently reached
purpose, which is to serve the dose, or if it were
harmed the interests of the people, that the pensioner is obliged to nourish or
If not authorized, or his legal representative or guardian
receive payment. The consent of the claimant or his legal
Representative or guardian, with the appointment of a special recipient
required only if the creditor, or his legal representative
or guardian can not receive payment; It does not apply if justified
or his legal representative or guardian, due to their health condition
can make submissions to the appointment of a special
recipient.
(4) legal representative, guardian and special benefit recipients are obliged
used only in favor of the people and by the authorized obliged
nourish. Special beneficiary appointed authorized who can not pay
receive the dose used according to the instructions of the claimant.
Special recipient is required at the request of an authorized municipal office, which
appointed him, to submit a written statement of benefits that had been paid,
and within one month.
(5) The municipal authority decision on the appointment of a special recipient canceled if
A), the reasons for which a special beneficiary appointed
B) find that special recipient has met the obligations set out in paragraph 4
first and second sentences, or
C) finds that special beneficiary failed to fulfill the obligation in paragraph 4
third sentence.
Responsibilities of beneficiaries of pension insurance and employers
§ 118a
(1) If the pension was paid unjustly or at a higher rate than
belonged, because the pension recipient has not complied with any obligation imposed on him
, received a pension or part thereof, even though he had the circumstances
assume that was paid unjustly or at a higher rate than
belonged, consciously or otherwise caused the pension or part
was paid unjustly or greater than the amount due, the payer to the payee
retirement pension entitlement to a refund or reimbursement of incorrectly paid amounts
.
(2) If a citizen receive a retirement pension and have not yet fulfilled the conditions laid down
law on pension insurance for the payment of retirement
, ^ 57) the payer retired to this citizen entitled to a refund of the paid
amounts of retirement, which did not belong.
This applies, ceases to be entitled to a widow's or widower's pension from
due to remarriage or entitlement to an orphan's pension because
achieving 26 years of age.
(3) The right to refund or compensation sums paid without
or at a higher level than they do, expires five years from the date of payment of benefits
. The deadline referred to in the first sentence suspended during proceedings
objections, application, enforcement, or if they are to cover the overpayment
deductions from income or payroll or paid by installments under
agreement on the recognition of the debt.
(4) Citizens, which is required by a final decision of the competent authority
return Social Security benefit may be
overpayment is deducted from income or from wages, salary or other income working
; are valid analogy, the provisions on the enforcement of judgments
deduction from wages.
§ 118b
If the employer failed to report or did not record
either at all or in the manner or time or filed reports submitted
record or data verified by the employer were incorrect,
and consequently the pension provided unjustly or higher area,
than belonged, is obliged to reimburse the amount overpaid. Provisions
§ 118a paragraph. 3 applies here accordingly.
§ 118c
If the employer and the pension recipient caused it
pension was paid unjustly or greater than the amount due, the institution responsible
Social Security overpayment to retire jointly and severally to
. The employer and the pension recipient mutually settled
according to the degree of fault. Disputes concerning the mutual settlement between the employer and the recipient
retirement decided by the courts. ^ 66)
§ 118d
Compensation costs
(1) Social security institutions are not entitled to compensation for costs incurred
management of pension insurance benefits, including proceedings before the court of
.
(2) Social security authorities may impose an obligation to compensate
lump sum determined by special legislation costs
party to the proceedings caused a breach of its legal obligations.
§ 119
Determination of territorial jurisdiction in certain cases
(1) In cases where self-employed person has no place
permanent residence in the Czech Republic, the territorial jurisdiction of the district
Social Security Administration manages the place of self-employment
activity; If several places of self-employment is
competent district Social Security Administration, in whose district
declared by the self-employed prevails performance
self-employment.
(2) Where no local jurisdiction District Social Security Administration
determined in accordance with this Act, provides for Czech Social Security Administration
district social security administration, which will perform the tasks set
in § 6 par. 4 .
§ 120
Heading left
Pensioners could waive the payment of pension benefits
time before applying the suspension of payments to the pension.
§ 120a
The day reporting obligation shall be the day in which it was
submission to the appropriate social security institution, or
in certain cases (§ 48d par. 1) relevant Trade Licensing Office, or
was made post shipment containing administration. This applies similarly
served if the application for participation in pension insurance or deregistration of
such participation or if any other legal act to be made within the deadline set
this Act.
§ 120b
Canceled
§ 120c
(1) For the purposes of this Act shall be a citizen means a natural person.
(2) Who is considered self-employed person, what is meant
self-employment and cooperation in the
self-employment, the law on pension insurance
. ^ 67) || |
§ 121
Untitled
(1) Persons invited to meetings of expert committees and ministries doctors
district social security administrations are required to maintain the confidentiality of facts
which are in connection with such negotiations
learned.
(2) Persons referred to in paragraph 1, breaching secrecy
under paragraph 1 may be fined up to CZK 50 000. The fine
decided by the authority with which the negotiations took place.
§ 122
(1) Employees Employers are obliged to keep confidential
facts they met in fulfilling its tasks in the field of social security
or in connection with them. This obligation continues even after
working relationship. The duty of confidentiality may get rid of one
in whose interest this obligation.
(2) Natural persons were employees and employers violated
obligation referred to in paragraph 1, second sentence, can be fined up to
amount of CZK 250 000. The fine decided by the district administration of social security
that breach discovered or learned about it
; However, in the case of individuals who were employees of the institutions
listed in § 9, decisions on these fine institutions.
§ 122a
(1) Natural persons who were in any way involved in the proceedings in matters
pension and insurance (Part Six)
are obliged to maintain secrecy about what is in any such proceedings or in connection
with him learned. Confidentiality obligation is
may deprive the person in whose interest they have this obligation.
(2) Natural persons referred to in paragraph 1 which are not parties
management or employee social security authority and violates the duty of confidentiality
under paragraph 1 may be fined up to CZK 250 000.
The fine decided by the social security institution, for which this management
held.
§ 123
Canceled
§ 123a
(1) If the debt on premiums and penalties in their aggregate exceed the amount of CZK 100
A) to December 31 of the calendar year in the case of employer or
B) the date of filing the statement of income and expenditure under special
Act ^ 68) in the case of self-employed person,
Written off such debt on the competent authority
Social Security.
(2) If the review premium payment by the relevant
District Social Security Administration at an employer is found to the debt
premiums and penalties not exceeding in total an amount of CZK 100
outstanding premiums and penalties are not prescribe.
§ 123b
Heading left
(1) The outstanding premiums and penalties may be relevant social
Security write-off if the debt is uncollectible. Impregnable to
considers such debt on premiums and penalties, which were to no avail
enforced on insurance payers and other persons, to whom this debt
could be enforced, or if not led by the recovery of this debt seems to
result or if it is likely that the cost of debt recovery
exceeded its outcome. Irrecoverable debt is also considered
premiums and penalties for employers who experienced
deleted from the Commercial Register, or from another law specified index or fixed
registration with the competent authority in the Czech Republic, if the debt is not passed
on their legal successor, and further debt on premiums and penalties for physical
person who died, if the debt did not pass to the heirs of that person.
(2) The depreciation for the impregnability of the insurance payer, or even
other person who is liable for the debt insurance and penalties payable
nevyrozumívá; debt on premiums and penalties will survive until
limitation the right to recover the debt.
(3) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis also for the debt of the fine.
§ 123c
Counting time
(1) The period specified in days starts on the day following the event
which is crucial for its beginning.
(2) The last day of the period specified in weeks, months or years shall
day that the name or number to the day on which
came to the event from which the period starts. If there is no such day in the month falls
last day on the last day of the month.
(3) If the last day of the period falls on a Saturday, Sunday or holiday, the last day
period is the next working day.
§ 123d
All written submissions to social security must be submitted in English
; paper documents in other languages must be accompanied by an official translation into Czech
if the social security authorities in
substantiated cases of this translation is waived.
§ 123e
(1) Unless otherwise provided herein, may be filing or other act by
this Act or in matters of insurance by special Act 32)
do in writing or orally in the data message
A) signed by a recognized electronic signature-68a)
B) sent via data box or
C) a verified identity of the subscriber in the manner intended by the social security
if the social security institution for such a possibility.
(2) If, under this Act or in matters of insurance by
special Act 32) for filing or other act prescribed form, can
filing or other act done only
A) in electronic form by sending it to a specified e-mail address
mailroom social security institution or to a specified data mailbox
social security authority; filing or other act may be in electronic form
do so only in the form of a data message in the format, structure and shape
designated by the competent social security body. Failing
filing or other act these conditions, ignoring him;
social security institution is obliged to inform the person who made the submission
or other act in electronic form, which does not meet these conditions, at
this and the fact that this administration or another act
disregarded or
B) writing on the prescribed form or product
computing technology, which is what the data, the form and format consistent with the prescribed
answer form, is a natural or legal person confirmed
creation of this product.
(3) A person who is filing in electronic form of a data message
signed with a recognized electronic signature shall simultaneously
accredited certification service provider, which his
qualified certificate issued and maintains its records or
certificate attached to the filing.
(4) Social security authorities are obliged to publish on its official
board a manner allowing remote access
A) office hours, which is open mailroom
body of social security, where it is possible to hand over administration, and office hours for the public
, where it is possible for him to make submissions orally or log
access to the file
B) electronic address its mailroom and email address of your mailroom
intended to submit the forms electronically as
Data message identifier and its data boxes intended for submission
forms electronically in the form of a data message
C) the form of technical support for delivery of submissions in electronic form
,
D) a list of qualified certificates of their employees or
e-mail addresses to which they are qualified certificates,
E) forms, which according to paragraph 2. a)
submitted in electronic form and the conditions under which forms in this form
submitted,
F) administration and other actions that can be taken way in accordance with paragraph 1
point. C).
§ 123f
Jurisdiction imposed municipal authority under this Act
exercise of delegated powers.
§ 123 g
Forms-60a), which in cases specified by law (§ 48d
par. 1) used by the person referred to in § 10a para. 1 to the Trade Licensing
authorities, be issued after consultation with the Czech Social || | security.
PART NINE
MANAGEMENT AND RESPONSIBILITIES IN ADDITION TO CERTAIN MATTERS DOROVNÁVACÍHO
recipients CZECH AND SLOVAK retirement
§ 123h
(1) About dorovnávacím addition of belonging by the Law on Pension
pojištění76) determine social security institutions, which pay
retirement, with whom he has to pay a top-up allowance;
These authorities are also responsible for paying dorovnávacího added.
(2) top-up allowance is awarded on the basis of an application filed with
social security authority which is responsible for granting
dorovnávacího added. If a decision on dorovnávacím addition
relevant Czech Social Security Administration, an application for admission
dorovnávacího also bring added at any district social security
; District Social Security Administration is required
this request forthwith to the Czech Social Security Administration. If
request for granting the allowance dorovnávacího rejected solely on the ground that
top-up allowance would be the date from which his confession required
not a positive value, it can be a new application for admission dorovnávacího addition
submit only if the new application as the day from which it is to be
top-up allowance granted, mentioning the date of January 31
one calendar year following the calendar year in which fell the day from which it was requested
returns dorovnávacího added in the previous application;
This new application can be submitted more than twice. If the new request
filed pursuant to the third sentence given day other than the day stated in the third sentence,
, or in the case of the third and subsequent submission of such a request, the institution of social security
proceedings on that application stops.
(3) Unless otherwise specified in paragraphs 1 and 2 otherwise specified, shall apply to proceedings in matters
dorovnávacího addition of appropriate regulations governing proceedings
matters of pension insurance. Provisions on proceedings in administrative justice
in matters of pension insurance for things dorovnávacího
allowance shall apply mutatis mutandis.
(4) The Minister of Labour and Social Affairs and in its field
ministers mentioned in § 9. 3 can remove hardness, which would have occurred
in implementing the provisions of § 106a to 106c of the Pension Insurance Act;
§ 106 applies mutatis mutandis the same time.
§ 123
(1) Recipient dorovnávacího addition is required to communicate and demonstrate payers
dorovnávacího addition to his call
pension amount paid from the Slovak pension insurance on the date from which the new amount determined
dorovnávacího allowance under § 106b
law on pension insurance. Failure to comply with this requirement within the deadline set
payer dorovnávacího addition payout dorovnávacího addition
stops when the recipient of the call dorovnávacího addition to this
in a warning; if this obligation is fulfilled additionally, reconciling
allowance shall be paid from the date on which the payment is due. Unless
this obligation is fulfilled within 3 years from January 31 of the calendar year in which the
top-up allowance paid last claim is void
top-up allowance on 31 January last of these calendar years
.
(2) The provisions of § 50, § 51 paragraph. 1 and § 53 par. 1 and 3 shall apply mutatis mutandis
case of a beneficiary's obligations dorovnávacího addition and bringing in things
dorovnávacího added.
§ 123j
If you were paid a top-up allowance and have not yet met
conditions for its payment specified in § 106c paragraph.
1 of the Act on Pension Insurance, the payer dorovnávacího addition to the person
which was paid a top-up allowance, entitled to a refund of amounts paid
dorovnávacího addition, which did not belong; provision
§ 118a paragraph. 3 and 4 shall apply mutatis mutandis here.
PART TEN
Transitional and Final Provisions
CHAPTER ONE
Transitional provisions
§ 124
District Social Security Administration decide on career breaks or insurance
serious reasons and the termination of employment I or II.
Work categories of health or other serious reasons for
assessing pension rights under the regulations in force before Oct. 1
1988th
§ 125
Canceled
§ 126
Canceled
§ 126a
The provisions of § 129 par. 1 of the Administrative Procedure in Cases
pension insurance does not apply.
CHAPTER TWO
Final provisions
§ 127
Implementing regulations
(1) The Ministry shall issue a decree further regulate the procedure for assessing
health condition and working capacity of citizens in matters of social security
, state social support and social care.
(2) The Ministry will issue a decree to implement § 8. 10 and § 35a paragraph.
9th
(3) The Ministry shall issue a decree authorized the license requirements
employee social security authority in accordance with § 15 para. 2nd
(4) The Ministry may determine by decree cases or types of proceedings in which a
social security institution to ask the party
submit documents to prove the facts stated by the participant.
§ 127a
Special procedures for confidentiality and security
(1) For the purposes of classification of the intelligence services of the Czech Republic, the Czech Republic Police
a general inspection of security forces and
ensure the safety of their members can use special procedures
in fulfilling the tasks set by this law.
(2) Special procedures pursuant to paragraph 1 may use
A) members
First Intelligence Services of the Czech Republic,
Second Police of the Czech Republic,
Third General inspection of security forces,
Fourth Fire Brigade of the Czech Republic,
B) intelligence services of the Czech Republic, the Police of the Czech Republic,
general inspection of security forces and the Fire Brigade
Czech Republic
C) social security authorities.
(3) Special procedures referred to in paragraph 1 shall be set by the government.
§ 128
Canceled
§ 129
Canceled
§ 130
Canceled
§ 131
Canceled
§ 132
Canceled
§ 133
Repealing provisions
Repealed with jurisdiction for the Czech Republic:
First § 12 and 13 of the Decree of the Central Council of Trade Unions and the State Social Security
no. 141/1958 Ul, health insurance and retirement security
convicted, as amended by Decree no. 102/1964 Coll., Decree No. .
143/1965 Coll., Decree no. 95/1968 Coll., Decree no. 155/1983 Coll. and
Decree no. 263/1990 Coll.
Second § 15 para. 1, § 81, 82, 83 and 84, § 85 para. 1, 2, 3 and par. 4 sentence
first and second, § 86, 87 and 87a, § 88 para. 2 second sentence , § 90 and 91
Decree of the State Office of social security no. 104/1964 Coll.,
implementing the Act on cooperative security in sickness and peasants
security of mothers and infants, as amended by Decree no. 142 / 1965 Coll., Decree No.
. 117/1967 Coll., Decree no. 92/1968 Coll., Decree no. 180/1968 Coll.
Decree no. 76/1970 Coll., Decree no. 128/1975 Coll., Decree no. 54 / 1976
Coll., Decree no. 164/1979 Coll., Decree no. 80/1982 Coll., Decree no.
153/1983 Coll., Decree no. 74/1984 Coll., Decree no. 133 / 1984 Sb.
Decree no. 58/1987 Coll., Decree no. 150/1988 Coll., Decree no. 237/1988 Coll
. and Decree no. 261/1990 Coll.
Third § 32 par. 3 of Law no. 88/1968 Coll., On prolongation of maternity leave,
about maternity benefits and child allowances from sickness insurance
amended by Act no. 99/1972 Coll., Act No. . 73/1982 Coll., Act no.
57/1984 Coll., Act no. 109/1984 Coll., Act no. 51/1987 Coll., Act no. 103/1988 Coll
., Act no. 180/1990 Coll. and Act no. 306/1991 Coll.
Fourth § 15 para. 2 and § 16 of Decree of the Central Council of Trade Unions no. 95/1968 Coll.
Allowances for the children in health insurance, as amended by Decree No.
. 78/1984 Coll., Decree no. 147/1988 Coll. and Decree no. 263/1990 Coll.
Fifth § 5 and 6 of the Decree of the Ministry of Labour and Social Affairs no. 182/1968
Coll., On maternity benefits and child allowances
applicants for employment, as amended by Decree no. 132/1984 Coll., Decree no. 58/1987 Coll.
And Decree no. 20/1991 Coll.
6th § 4 para. 2 and § 5 para. 2 of the Decree of the Federal Ministry of Labour and Social Affairs and
Central Council of Trade Unions no. 51/1973 Coll., On certain conditions foster
performing foster care in special facilities
.
7th § 145b and 145C Decree of the Federal Ministry of Labour and Social Affairs
no. 128/1975 Coll., Implementing the Social Security Act,
amended by Decree no. 81/1979 Coll., Decree no. 108/1979 Coll., Decree no.
164/1979 Coll., Decree no. 15/1982 Coll., Decree no. 78/1982 Coll.
Decree no. 141/1983 Coll., Decree no. 144 / 1983 Coll., Decree no. 73/1984
Coll., Decree no. 131/1984 Coll., Decree no. 57/1987 Coll. and Decree no. 149/1988 Coll
.
8th § 34, 55, 62, 67, 79, 93, 102 and 102d, § 102f paragraph. 4, § 105 para. 3
Central Trade Union Council Decree no. 165/1979 Coll., On sickness insurance of some
workers and the provision of health insurance benefits
citizens in special cases, as amended by Decree no. 155/1983 Coll.
Decree no. 79/1984 Coll., Decree no. 135/1984 Coll., Decree no. 59 / 1987
Coll., Decree no. 148/1988 Coll., Decree no. 123/1990 Coll., Decree no.
263/1990 Coll., Decree no. 501/1990 Coll. and Act no. 306/1991 Coll.
9th § 101 paragraph. 1 and 2, § 102 para. 2, 5 and 6, § 103. 2 second sentence, §
107, paragraph. 2, first sentence, § 108, paragraph. 3, § 109 para. 2, first sentence , § 111
112, 113, 118, 119, 120, 121, § 122, paragraph. 2 point. a) second sentence and paragraph.
6, § 124, § 125 paragraph. 1 and 2, § 126, 137, § 142, paragraph. 2, 3, 4 point. b) a
c), para. 5, § 143 par. 2 and 3, § 144 paragraph. 1 and 3, § 145, § 145b paragraph.
3 of Law no. 100/1988 Coll. social security, as amended by Act no. 110/1990 Coll
., Act no. 180/1990 Coll., Act no. 46/1991 Coll., Act no. 246/1991 Coll
. and Act no. 306/1991 Coll., when regulating
organizational structure of the pension security, health security of people
self-employed, proceedings relating to pension security
(sickness security of self-employed)
conducted social security authorities of the Czech Republic, as well as
progress of these bodies and organizations in the implementation of the pension
(sickness security of self-employed persons).
10.§ 4, paragraph. 3, § 5 para. 4, § 10 paragraph. 1 sentence of the first paragraph. 2-4,
§ 23 paragraph. 2, § 34 para. 2, § 56a paragraph. 3, first sentence, § 58 para. 3 sentence
second, para. 4 and Sec. 5, second sentence, § 60, § 63 para. 5 and 6, § 66 para.
3, § 143, 144, 145 and 147, § 148, paragraph. 1, § 150, 151 and 152, § 153, paragraph.
3, 4, 6 to 9, § 154, 156, 157, 160, 161, 162, 163, 164, 165 166, 172, 173 and 174
Decree of the Federal Ministry of Labour and social Affairs no.
149/1988 Coll., implementing the social security Act, as amended
Decree no. 123/1990 Coll. , Decree no. 260/1990 Coll., Decree no.
313/1990 Coll., Decree no. 501/1990 Coll., Act no. 1/1991 Coll., Decree No.
. 20/1991 Coll., Decree no. 182/1991 Coll., Decree no. 183/1991 Coll. and
Act no. 306/1991 Coll., when adjusting the organizational structure
retirement, sickness security of self-employed
, proceedings relating to pension security
(sickness security of self-employed persons) | || conducted by social security institutions of the Czech Republic, as well as
progress of these bodies and organizations in the implementation of the pension
(sickness security of self-employed persons).
11.§ 8, 9 and 10 of the Decree of the Ministry of Health of the Czech Republic no.
463/1990 Coll., On providing spa care in state medical facilities
.
12.§ 1. 5 and § 6 par. 3 and 5 of Ministry of Labor and Social Affairs
Czech Republic no. 182/1991 Coll., Which implements
Social Security Act and the Act Czech national Council on the scope
authorities of the Czech Republic in social security.
13.Vyhláška Ministry of Labour and Social Affairs of the Czech Republic no.
183/1991 Coll., On migration from incapacity to disability
(Partial disability).
§ 134
This Act comes into force on 1 January 1992.
Selected provisions of amendments
Art. II Act no. 424/2003 Coll.
Transitional provisions
First Pension insurance records maintained before January 1, 2004
according to the regulations in force before that date will end on 31 December 2003
regardless of whether the job lasts continue after that date, and on the basis of a written invitation
social security authority to submit this
authority within set time limits. If the organization has not been invited by the first sentence
to the submission of the registration sheets to 31 December 2004, submit
is an organization without challenges competent authority
Social Security until 30 June 2005. The obligation of the organization to submit registration
pension insurance citizen for signature, provided
rules in force before January 1, 2004, remains intact.
When entering data into the records of pension insurance completed by the first sentence
shall be governed by the regulations in force before 1 January 2004.
Second From 1 January 2004, the pension insurance records
lead to new forms; social security authorities issue these forms
until 31 December 2003.
Third The obligation to replenish certificate or issue a new certificate in accordance with Art. I
point 26 also applies in the case of temporary incapacity arose after
termination of employment during the period prior to January 1, 2004 and lasted at least on this day
.
Fourth The organization is obliged to July 31, 2005 to submit the relevant
District Social Security Administration list of its employees, whose
participation in sickness insurance originated before July 1, 2005 and lasts even
after 30 June 2005, with information on these employees to the extent that
be registered in the register of insured health and pension insurance
(§ 16a of Act no. 582/1991 Coll., on organization and implementation of social
security, as Art. I of this Act). A small organization is obliged
31 July 2005 to submit the relevant district social security
list of its employees, whose participation in the health insurance
occurred before July 1, 2005 and lasts beyond 30 June 2005, p | || these data for these employees: name and present surname, maiden
surname, identity number, nationality, name and address of the foreign
wearer by a non insurance and insurance number.
Organizations and small organizations are yet obliged to inform the relevant data on non-domestic
health and pension insurance for their employees, even if they are not
their first employer after the end of insurance abroad.
For the fulfillment of these obligations may District Social Security Administration
save the organization or small organization fine of up to CZK 20 000;
Fine may be imposed within two years from the date on which the infringement occurred
. Proceeds from these fines is the revenue of the state budget.
Art. III Act no. 281/2004 Coll.
Transitional provisions
Until the effective date of the Act no. 361/2003 Coll., On the service relationship
members of security forces, implementing health and pension insurance
director of the Security Information Service
according to existing regulations.
Art. XIII of the Act no. 359/2004 Coll.
TRANSITIONAL PROVISIONS
First The provisions concerning the incompatibility of the duties of Members of the European Parliament
according to § 53 par. 2 point. c) and d) of the Act no. 62/2003 Coll., on elections to the European Parliament
and amending some laws, for the first time to enjoy
MEPs elected in the first elections to the European Parliament
in 2004.
Second Provisions of Sections second to eleventh for the first time to enjoy
Members of the European Parliament elected in the first elections to the European Parliament
2004
Article III of the Act no. 24/2006 Coll.
Transitional provisions
First When the amount of partial disability pension adjusted according to § 46 paragraph
. 1 point. b) Act no. 155/1995 Coll., as amended on
preceding the effective date of this Act, adjust the amount
partial disability pension from the next installment due after the effective date of this Act
amount that would be payable if such an adjustment
occurred.
Second If the payment was a partial disability pension is stopped according to § 46 paragraph
. 1 point. c) Act no. 155/1995 Coll., as amended on
preceding the effective date of this Act, restores the payment
Partial disability pension from the next installment due after the date
force of this Act in the amount specified in the provisions of § 46 para. 1 point.
A) of the Act no. 155/1995 Coll., As amended on the day preceding the date
force of this Act.
Article VI of the Act no. 109/2006 Coll.
Transitional provisions
First Assessing the health status pursuant to § 8. 1 point. e) and g) to i)
Act no. 582/1991 Coll., on Organization and Implementation of Social
security, effective on July 1, 2006,
initiated before that date shall be completed according to existing legislation.
Second Assessment of helplessness and whether the child has long term health
disabilities requiring special care commenced before 1 January 2007
completed under the current legislation.
Third Proceedings for recognition for physically disabled persons lawfully commenced and
pending prior to 1 July 2006 will be completed by
existing legislation.
Fourth Regional Social Security Administration transmit free of charge to the competent authorities work
A) the date of July 1, 2006 copies of reports processed pursuant to § 8. 1
point. e) and g) to i) of the Act no. 582/1991 Coll., on organization and implementation
Social Security, effective on July 1, 2006,
B) on 1 January 2007, copies of reports processed pursuant to § 8. 1
point. b) d) of Act no. 582/1991 Coll., on organization and implementation
Social Security, effective on 1 July 2006.
Fifth Regional Social Security Administration assessed for the purposes of pension insurance
under the existing legislation helplessness and whether the child
long-term disability requiring special care
case of the period before 1 January 2007.
6th The rights and obligations of employees in labor relations
Czech Social Security Administration, whose work assignments include
health assessment for the purposes of state social support
social welfare and employment performance and related activities, || | passed on 1 July 2006 from the Czech social security administration on
labor offices and the Ministry of Labour and social Affairs (hereinafter
"Ministry"). Czech Social Security Administration agreed with
employee in the Czech Social Security Administration under the first sentence,
whether the exercise of his rights and obligations from labor relationships will pass on
office work and office work that goes or whether the exercise of these rights and
duties at the ministry.
7th Czech Social Security Administration on the basis of an agreement pursuant to paragraph 6
carry out the delimitation of employees in the Czech Social Security Administration
labor offices and the Ministry. In this manner, the delimitation
binding.
8th If no agreement is reached pursuant to paragraph 6 before 31 May 2006
down the numbers and rules of delimitation of employees in the Czech Social Security Administration
labor offices and the Ministry on the proposal
Director of the Czech Social Security Administration Ministry.
Article XIV of the Act no. 189/2006 Coll.
Transitional provisions
First Management of the transition from incapacity to full disability or partial disability
initiated before 1 January 2008, on 1 January 2008
stops, unless prior to that date issued by the district administration
social security decisions. If it has been in proceedings referred to in the first sentence
issued before January 1, 2008 the District Social Security Administration
decision completes this proceeding pursuant to regulations effective as at 31 December 2007
, including filing an appeal, which can be after 31 December 2007
submitted within the deadline set by these regulations; while for the payment of sickness benefits paid
§ 171 paragraph. 1, first sentence, para. 2 and 3 of Law no.
187/2006 Coll., on sickness insurance.
Second Claims for reimbursement of costs pursuant to paragraph 1 incurred before January 1
2008 by a citizen to a call came to the doctor
body of social security or for the purposes of this examination the doctor relented
health or another specialized examination shall be assessed according
regulations effective on 31 December 2007.
Third An employer who pays the sickness accruing before
first January 2008, an employee who applies for the award payment of old
retired from the date which falls after the December 31, 2007, and in connection with this
employee job ends, proceed with termination
Payment of sickness benefits under the regulations effective on 31 December 2007.
Fourth He admits if after 31 December 2007 old-age, full disability or partial disability pension
date of which falls within the period before January 1
2008 applies to overlapping claims for the payment of such pensions and health regulations
effective on 31 December 2007.
Fifth In the case where an employee who applies for the award payment of old
retired from the date which falls after the December 31, 2007, sickness
as of such date, as permitted by regulations effective 31
December 2007 announced Czech social security Administration that
employer, from which it was granted payment of retirement.
6th He asked if the employee is temporarily unable to work a full or partial disability pension
according to § 93 paragraph. 1 of the Act on the organization and implementation
Social Security before January 1, 2008 and paid sick leave and
after December 31, 2007 proceeds Czech social security Administration
according to § 93 par. 2 Act no. 582/1991 Coll., on organization and implementation
social security, as amended effective on the effective date of this Act
.
7th Judgement issued pursuant to § 95 of the Law on the Organization of Social Security
prior to January 1, 2008 is the basis for a decision on the request
a full disability or partial disability pension, which will be issued in the same case
after 31 December. December 2007.
8th Pension insurance records for 2007 to be completed by
regulations effective on 31 December 2007.
9th Employers that under § 171 paragraph. 1 of Act no. 187/2006 Coll., On
health insurance, paid employees health insurance benefits
in 2008, entered in the registration form for the pension insurance
2008 while in receipt of these benefits. If the employer pays in the year 2008
health insurance benefits after employment, submit
pension insurance records pursuant to § 39 par. 2 point. a)
second sentence of Act no. 582/1991 Coll., on Organization and Implementation of Social
security, as the effective date of this Act.
10th If the period of 3 years specified in § 118a paragraph. 3 first sentence of the Act no.
582/1991 Coll., On Organization and Implementation of Social Security, as amended
effective date of this Act started to run before || | effective date of this Act and the effective date of this Act
unexpired longer qualify for social security authority
repayment or repayment of sums unduly paid retirement or
higher amount of this deadline.
Art. III Act no. 152/2007 Coll.
Transitional provision to Art. I and II
First If a man caring for a child aged up to 4 years in the period from January 1
1996 to 30 June 2005 and has not before 1 July 2007
application for participation in pension insurance or to initiate proceedings on time and | || range of care for the child or filed this application or this proposal
late, may file a petition for commencement of proceedings under
existing law by 30 June 2009. If there was during the period from 1
. January 1996 to 30 June 2007 decided to grant the request
retirement, the pension was granted, but not yet the time to care
mentioned in the first sentence into account, it shall be instituting the proceedings
under the first sentence also for an application for adjustment of the amount granted pension.
Of filing the application for participation in pension insurance after 30 June 2007
required. The proposal to initiate proceedings under the first sentence may also submit
surviving person who claims to be entitled to a widow or orphan's pension
due to death of a man referred to in the first sentence.
Second If the man's care for a child aged up to 4 years or care about people
long-term severely disabled child requiring special care in
age 18 or mostly or completely helpless person or
partially incapacitated person older than 80 years or a person who is dependent on the care of another person
grade II (medium dependency) or level III
(heavy dependency) or in stage IV (total dependency) ended before
first in July 2007, but the date of 30 June 2007 had not yet passed
deadline for application for participation in pension insurance under the legislation
regulations effective on 30 June 2007 or deadline for the application for
Initiation of the period and extent of care for these children or those persons
under the law effective on 30 June 2007 may
person entitled to initiate proceedings for the period and extent of care by || | existing law by 30 June 2009. Condition
filing an application for participation in pension insurance of the persons mentioned in the first sentence
after June 30, 2007 is not required.
Third If the District Social Security Administration commenced prior to 1 July 2007
management of time and the extent of the care of the persons referred to in paragraph 2 and
that procedure was not until 30 June 2007 finally completed, completes
these proceedings under the law regulations effective June 30, 2007.
Fourth If you care about the person referred to in paragraph 2 and women care for a child aged up to 4 years
started before July 1, 2007 and lasts even after June 30, 2007,
demonstrates this period of care under the law effective 30 .
June 2007.
Fifth The amount of the old-age, full disability and partial disability pensions
granted prior to July 1, 2007 to persons who were in determining the personal assessment base
excluded periods specified in § 16 para. 4 second sentence
point. e) of the Act no. 155/1995 Coll., on Pension Insurance
effective on the effective date of this Act (hereinafter the "Act on Pension Insurance
") are limited by § 16 para. 5 of the
pension insurance, the application adjusts the payments due after retirement
June 30, 2007, that the number of excluded periods restrained according to § 16 para. 5
pension insurance Act will not include the excluded periods specified in §
16 paragraph. 4 second sentence of point. e) Pension Insurance Act;
excluded while for the period specified in § 16 para. 4 second sentence of point. e)
law on pension insurance is considered, for the purposes of this regulation only time
participation in pension insurance of persons referred to in § 5 para. 1 point. a) and § 102a
Pension Insurance Act. The deadline for issuing the decision provided for in the Administrative Procedure
for claims raised by 31 October 2007
extended by 90 days.
Art. In Act no. 306/2008 Coll.
Transitional provisions
First If proceedings claim a full disability or partial disability pension
began before January 1, 2010 and not before that date
finally completed, completed in accordance with the legislation in force at the date
31st December 2009 if the full disability or partial disability
occurred before 1 January 2010.
Second The provisions of § 8 par. 10 of the first sentence of the Act no. 582/1991 Coll., On
Organization of Social Security, as amended effective on the date
entry into force of this Act shall not apply to sending copies of reports
which were issued before 1 January 2010.
Art. II Act no. 479/2008 Coll.
Transitional provisions
First Assessment Commission of the Ministry of Labour and Social Affairs
assess the state of health and working ability of individuals for purposes of appeal
administrative proceedings where the contested decision was made on the basis of a report
Labour Office before 1 July 2009. | ||
Second District Social Security Administration performs control
medical examination within the time specified in the assessment before July 1, 2009
labor office or on the initiative of the authority on whose request
performed office work before 1 July 2009 finding medical tour.
Third The decision of the Czech Social Security Administration in matters
pension scheme, which was notified before 1 January 2010
not file objections.
Fourth Against decisions of the Social Security Ministry of the Interior,
Ministry of Justice or Ministry of Defence in matters
pension scheme, which was notified before 1 January 2010
may be appealed under the law effective on 31 December | || 2009; proceedings on the appeal is made pursuant to these regulations.
Against the decision referred to in the first sentence can not be filed objections.
Art. IV of the Act no. 367/2011 Coll.
Transitional provisions
Procedure for recognition disadvantaged persons, has not been legally terminated
until the effective date of this Act shall be completed and
rights and obligations related thereto shall be assessed according to Act no. 582/1991 Coll., || | amended the effective date of this Act.
Art. XXXIX legal action no. 344/2013 Coll.
Transitional provisions
By voluntary contributors to pension insurance may withdraw from
participation in pension insurance for the period before the effective date
this statutory measure of the Senate under the Act no. 582/1991 Coll., As amended effective on the date
the effect of this statutory measure of the Senate.
Art. IX of the Act no. 64/2014 Coll.
Transitional provisions
First Failure or breach of obligations of the employer or person
self-employed to provide the necessary assistance
social security authorities in checking accounts and other documents that
are decisive for determining the amount of social security premiums and contributions to the state
policy employment, or the amount of advances and when
checking the accuracy of the determination of wage compensation and other income
provided by the employer for the first 14 calendar days in the period from 1
January 2012 to 31 December 2013, the first 21 calendar days
temporary incapacity or quarantine, which occurred before the effective date
force of this Act, shall be assessed in accordance with the legislation effective
before the effective date of this Act, even if there was a finding
such breach or non-performance obligations until after the effective date of this Act
or if the proceedings for the infringement or infringements
commenced after the effective date of this Act.
Second Proceedings on fines for infringement or breach of obligations
employer or self-employed to provide the necessary assistance
social security institutions in checking accounts and other documents
which are decisive for determining the amount of social security and
contribution to the state employment policy, or
above advances, and the correctness of the determination of wage compensation and other income
provided by the employer for the first 14 calendar
days in the period from 1 January 2012 to 31 December 2013
first 21 calendar days of temporary work incapacity or quarantine
commenced before the effective date of this Act and finally
pending prior to that date shall be completed in accordance with the legislation effective before
effective date of this Act.
2) Act no. 155/1995 Coll., On pension insurance.
3a) Act no. 234/2014 Coll., On civil service.
4b) For example, § 274 point. f) of the Civil Procedure Code, § 9d Act no.
328/1991 Coll., on Bankruptcy and Settlement, as amended,
§ 33 paragraph. 1 of Act no. 120/2001 Coll., on bailiffs
and execution (Code of execution) and amending other laws.
9) § 46 of Act no. 455/1991 Coll., On Trades (Trade
Act), as amended by Act no. 167/2004 Coll.
9a) § 93 of the Act no. 326/1999 Coll., On the stay of foreigners in the Czech Republic
and amending certain laws, as amended.
9b) Act no. 117/1995 Coll., On state social support, as amended
.
Act no. 108/2006 Coll., On Social Services, as amended
regulations.
Act no. 329/2011 Coll., On the provision of benefits to persons with physical disabilities
and amending related laws, as amended
regulations.
9c) § 16 of Act no. 561/2004 Coll., On preschool, primary, secondary,
vocational and other education (Education Act), as amended
regulations.
9d) For example, § 25 par. 3 of the Act on Social Services.
21) § 20a of the Act no. 589/1992 Coll.
22a) § 36 par. 3 of the Administrative Code.
22b) § 46 and 47 of the Administrative Code.
22c) § 46 and 47 of the Administrative Code.
22d) § 71 para. 1 and 3 of the Administrative Code.
32) § 13 and 16 of Act No. 589/1992 Coll.
32) Act no. 589/1992 Coll., As amended.
32a) § 132 of the Act no. 221/1999 Coll., On Professional Soldiers, as amended
Act no. 254/2002 Coll.
§ 116 of Act no. 186/1992 Coll., On the service of members of the Police
Czech Republic, as amended Act no. 26/1993 Coll.
§ 119 of Act no. 154/1994 Coll., On the Security Information Service.
32b) Act no. 153/1994 Coll., On intelligence services of the Czech Republic,
amended by Act no. 118/1995 Coll.
32c) § 9. 3 point. b) Act no. 155/1995 Coll., on pension
insurance, as amended.
32d) § 45a paragraph. 6 of Act no. 455/1991 Coll., On business
(Trade Act), as amended by Act no. 214/2006 Coll.
33) § 11 para. 1 of Law no. 20/1966 Coll., On Public Health Care, as amended
Act No. 548/1991 Coll. (Complete wording with jurisdiction for the Czech Republic
no. 86/1992 Coll.).
33a) § 205D paragraph. 1 of the Labour Code.
§ 1 of Decree no. 125/1993 Coll., Laying down the conditions and rates
liability insurance employer for damage of working
injury or occupational disease, as amended.
33b) § 86 par. 2 and 3 of Law no. 258/2000 Coll., On protection of public health
and amending certain related laws, as amended
regulations.
34) § 274 of the Civil Procedure Code (the full text of no. 501/1992 Coll.).
34a) § 420 of the Civil Code.
37) § 9 par. 2 point. b) Act no. 155/1995 Coll.
38) § 13 of Act no. 455/1991 Coll., On business
(Trade Act).
39) § 15 para. 1 Act No. 589/1992 Coll., As amended by Act no. 160/1995 Coll
.
40) § 15 par. 3 of Law no. 589/1992 Coll., As amended by Act no. 305/2008 Coll
.
41) § 10 par. 4 Act no. 155/1995 Coll., As amended.
41) § 10 paragraph. 3 of Law no. 155/1995 Coll.
42) § 14 para. 4 of the Act No. 589/1992 Coll., As amended by Act no. 160/1993 Coll
.
45) Eg. § 128 of the Civil Procedure Code and § 8 of the Criminal Procedure Code.
49) Czech National Council Act no. 551/1991 Coll., On General Health Insurance Company
Czech Republic, as amended.
Czech National Council Act no. 280/1992 Coll., On Departmental, Professional, Enterprise and
other health insurance companies, as amended.
50) § 3 para. 3 of the Act No. 589/1992 Coll., As amended by Act no. 160/1993 Coll
.
50a) Act no. 89/1995 Coll., On State Statistical Service, as amended
.
50c) Act no. 361/2003 Coll., On the service of members of security forces
, as amended.
50d) Act no. 412/2005 Coll., On protection of classified information and security competence
.
50e) § 11 para. 1 point. a) and par. 2 Act no. 155/1995 Coll.
50f) Decree no. 134/1998 Coll., Issuing the list of health
services with point values, as amended.
50 g) Act no. 526/1990 Coll., On prices, as amended.
50h) § 50a of Act no. 435/2004 Coll., On employment, as amended
regulations.
51) § 20a of Act No. 589/1992 Coll., As amended by Act no. 241/1994 Coll.
52) § 5 para. 1 point. r) as), par. 3, second sentence and paragraph. 4 of the Act no. 155/1995 Coll
.
52b) § 8 of Act no. 108/2006 Coll.
52c) § 9. 8 third sentence of Act no. 155/1995 Coll., As amended by Act no. 152/2007 Coll
.
53) § 6 of Act no. 155/1995 Coll.
54a) Act no. 435/2004 Coll.
55) § 6 of Act No. 589/1992 Coll., As amended by Act no. 241/1994 Coll. and
Act no. 160/1995 Coll.
56) § 11 par. 3 point. b) and § 16 para. 6 of the Act no. 155/1995 Coll.
§ 34 par. 4 Act no. 236/1995 Coll., On salary and other terms
associated with the office of representatives of state power and some
state bodies and judges and Members of the European Parliament, as amended || | amended.
§ 73 para. 4 of the Act no. 128/2000 Coll., On Municipalities (Municipal Establishment), as amended
.
§ 48 par. 3 of Law no. 129/2000 Coll., On regions (Regional Establishment), as amended
.
§ 53 par. 4 Act no. 131/2000 Coll., On the Capital City of Prague, as amended
.
57) § 37 para. 1 point. a) Nos. 1 and Para. 2 Act no. 155/1995 Coll.
§ 4 and § 6 point. b) Government Regulation ČSFR no. 557/1990 Coll., on extraordinary
retirement.` some miners, as amended by Act no. 578/1991 Coll
.
60a) § 45a paragraph. 3 of the Act no. 455/1991 Coll., As amended by Act no. 214/2006 Coll
.
60b) Act no. 589/1992 Coll., On Social Security and
contribution to the state employment policy, as amended
regulations.
60c) § 20 of Act no. 155/1995 Coll., As amended by Act no. 152/2007 Coll.
60d) § 61a of Act no. 155/1995 Coll., As amended by Act no. 306/2008 Coll.
61) § 7 para. 3 of the Administrative Procedure Code.
64) § 20a of Act No. 589/1992 Coll., As amended by Act no. 241/1994 Coll. and
Act no. 160/1995 Coll.
66) § 9 par. 2 point. d) Civil Procedure.
66a) § 2. r) of the Act no. 365/2000 Coll., on Information Systems
Public administration and amending certain other laws.
67) § 9 of the Act no. 155/1995 Coll.
68) § 15 para. 1 and 2 of the Act No. 589/1992 Coll., As amended by Act no. 160/1995 Coll
.
68a) Act no. 227/2000 Coll., On electronic signatures and amending certain
other laws (Electronic Signature Act), as amended
regulations.
70) § 25 par. 2 of Act no. 155/1995 Coll.
Decree no. 290/1995 Coll., Establishing a list of diseases
profession.
71) Eg. § 190 paragraph. 3 of the Labour Code, § 45 para. 5 of Law no. 48/1997
Coll., On public health insurance and amending and supplementing some related laws
.
71a) § 38j of Act no. 586/1992 Coll., On income taxes, as amended
.
71b) § 94 of the Labour Code.
71c) § 4 point. b) c) and § 47i of the Act no. 359/1999 Coll., on
child protection, as amended.
72) § 22b Sec. 1 and 3 of the Act No. 589/1992 Coll., As amended by Act no. 306/1997 Coll
.
73) Act no. 526/1990 Coll., On prices, as amended.
Decree no. 580/1990 Coll., Which implements Act no. 526/1990 Coll., On
prices, as amended.
73a) § 3 of Act no. 133/2000 Coll., On register of population and birth numbers
amending certain Acts (Register of Population Act), as amended by Act No.
. 53/2004 Coll.
73b) § 1 of the Act no. 133/2000 Coll., As amended by Act no. 53/2004 Coll.
73c) § 27 of Act no. 592/1992 Coll., On premiums for general health insurance
, as amended.
§ 24 Act no. 551/1991 Coll., On General Health Insurance Company
Czech Republic.
§ 21 of Act no. 280/1992 Coll., On Departmental, Professional, Enterprise and
other health insurance companies.
73d) example of the European Parliament and Council Regulation (EC) no. 883/2004
of 29 April 2004 on the coordination of social security systems, as amended
Regulation of the European Parliament and Council Regulation (EC) no. 988 / 2009
Regulation (EU) no. 1244/2010, of the European Parliament and Council Regulation (EC) No.
987/2009 of 16 September 2009 laying down detailed rules for the regulation
(EC) no. 883/2004 on the coordination of social security systems,
amended by Commission Regulation (EU) no. 1244/2010 and Regulation
European Parliament and Council Regulation (EU) no. 1231/2010 of 24 . November 2010
extending Regulation (EC) no. 883/2004 and Regulation (EC) No.
987/2009 to nationals of third countries to which these regulations apply only been
because of their nationality.
73e) Act no. 326/1999 Coll., On the stay of foreigners in the Czech Republic and
amendments to certain laws, as amended.
73f) Act no. 325/1999 Coll., On asylum and amending Act no. 283/1991 Coll., On
Police of the Czech Republic, as amended, (the Asylum Act), in
as amended.
73 g) § 13b of the Act no. 133/2000 Coll., As amended by Act no. 53/2004 Coll.
73h) § 17a paragraph. 2 and 4 of the Act no. 133/2000 Coll., As amended by Act no. 53/2004 Coll
.
73i) § 8a of the Act no. 133/2000 Coll., As amended.
74) For example Act no. 187/2006 Coll., On Sickness Insurance, as amended
.
74a) Act no. 133/2000 Coll., As amended.
75) Act no. 426/2011 Coll., On pension savings.
76) § 106a to 106c of Act no. 155/1995 Coll., As amended
regulations.
78) § 26 and 27 of Law no. 455/1991 Coll., On business in
amended.
§ 49 of Act no. 499/2004 Coll., On Archives and Records Service and amending
certain laws, as amended.
79) § 40 para. 6 of the Act no. 499/2004 Coll., On Archives and Records
service and amending certain laws, as amended.
80) § 228 of the Act no. 182/2006 Coll., On bankruptcy and its solutions
(Insolvency Act), as amended.
81) European Parliament and Council Regulation (EU) no. 1303/2013 of 17 December 2013
down common provisions on the European Regional Development
, the European Social Fund, the Cohesion Fund
European agricultural Fund for rural development and the European maritime and Fisheries Fund
general provisions on the European regional development
, the European social Fund, the cohesion Fund and
European Maritime and Fisheries Fund and repealing Council Regulation (EC) no. 1083/2006
.
82) For example, the European Parliament and Council Regulation (EU) no. 1304/2013
dated 17 December 2013 on the European Social Fund and repealing
Council Regulation (EC) no. 1081/2006.
