On Supplementary Pension Insurance With State Contribution And Other Changes

Original Language Title: O penzijním připojištění se státním příspěvkem a dalších změnách

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=41761&nr=42~2F1994~20Sb.&ft=txt

42/1994 Coll.



LAW



of 16 December 2002. February 1994



on supplementary pension insurance with State contribution and on changes of some

laws related to its introduction



Change: 61/1996 Coll.



Modified: 15/1998 Coll.



Change: 170/1999 Coll.



Change: 170/1999 Coll. (part)



Change: 353/2001 Sb.



Change: 36/2004 Sb.



Change: 36/2004 Coll. (part), 237/2004 Coll., 257/2004 Coll.



Change: 377/2005 Sb.



Change: 444/2005 Sb.



Change: 56/2006 Sb.



Change: 57/2006 Coll., 70/2006 Sb.



Change: 342/2006 Sb.



Modified: 296/2007 Sb.



Change: 124/2008 Coll., 126/2008 Sb.



Change: 254/2008 Sb.



Change: 230/2009 Sb.



Change: 306/2008 Sb.



Change: 160/2010 Sb.



Change: 227/2009 Sb.



Change: 199/2010 Coll., 409/2010 Sb.



Change: 188/2007 Sb.



Change: 420/2011 Sb.



Change: 99/Sb.



Change: 241/Sb.



Change: 340/2013 Coll. 344/Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Supplementary pension insurance



HEAD FIRST



Basic provisions



§ 1



(1) this Act regulates supplementary pension insurance with State contribution

(hereinafter referred to as the "pension plans") for pension funds, activity

pension funds and State supervision of pension plans and amendments

Some laws related to the introduction of supplementary pension schemes.



(2) Pension plans, for the purposes of this Act, the

the collection of funds from the pension insurance participants

(hereinafter referred to as "participant") and the State provided for the benefit of the participants,

the management of these resources and the payment of pension benefits

supplementary insurance.



(3) supplementary pension insurance referred to in paragraph 2 shall not carry any other person

than pension funds.



§ 2



(1) a participant may be a natural person older than 18 years of age with permanent residence

on the territory of the Czech Republic, which concludes with a written pension fund

supplementary pension insurance contract (hereinafter referred to as the "agreement"). Participation in the

personal pension schemes is voluntary.



(2) a participant may be a natural person older than 18 years of age residing in the

territory of another Member State of the European Union, if the employee

pension insurance or a pensioner of the Czech pension

insurance or is involved in the Czech general health insurance system

Republic, which concludes with the Pension Fund contract.



(3) the conditions to be a party under paragraphs 1 and 2 demonstrate

the participants also birthplace of the number allocated by the competent authority of the United

States ^ 1ab) and if the insured person has not been allocated, the number held in the

insured persons registry ^ 1ac).



§ 2a



The supplementary pension is discrimination of the participants, in particular from the

grounds of sex, race, colour, language, faith and religion,

political or other opinion, national or social origin,

membership of a national or ethnic minority, property, birth,

the State of health or age.



THE HEAD OF THE SECOND



Pension Fund



§ 3



(1) a pension fund is a legal person established in the territory of the United

Republic, which runs pension insurance under this Act.



(2) a pension fund is a joint stock company to which the provisions of the

the commercial code ^ 1) where this Act provides otherwise.



(3) the Bank that for pension fund shall act as depositary (hereinafter referred to as

"the depositary"), and not even a legal entity, in which the depositary directly or

indirect share capital exceeding 10% may not acquire any

shares of the Pension Fund. Shares of the Pension Fund may not acquire

also health insurance. ^ 1a) persons coming into the shares of the pension

the Fund, contrary to the provisions of the first sentence, and second, it must not exercise these

shareholder rights:



and) participate in and vote at the general meeting,



(b)) request the convening of extraordinary general meeting, and



c) petition the Court to determine the invalidity of the resolution of the general meeting.



(4) the trade name of a pension fund shall contain the designation "pension

the Fund ". Other persons may not in its business or the name of this designation

to use.



§ 4



(1) the pension fund cannot base a public offer of shares.



(2) a pension fund can only issue shares of the same nominal value

in the name.



(3) a pension fund shall not issue shares on privileged terms for

employee ^ 1aa) and preferred shares.



(4) the capital value of the Pension Fund must amount to at least 50

000 000 CZK. The basic capital shall be formed only in cash,

that must be paid before submitting an application under section 5.



(5) the capital increase could not be performed by non-monetary deposits. New

shares cannot be offered for subscription to the public offer to

subscription of shares.



(6) to transfer shares to the Pension Fund in the range of greater than 10%

pension fund capital, carried out in one or several

operations on any person or more persons acting in concert, ^ 1b)

and to offer to the subscription of shares in the range of greater than 10% of the basic

capital pension fund selected candidates is subject to prior

consent of the Czech National Bank. A request for consent, the transferee is served

or an underwriter. If the Czech National Bank within 30 days from the date of delivery of the

request for consent has indicated that with the transfer or subscription of new

shares, are approved. A shareholder who has acquired shares

in the way described in this paragraph without the consent of the Czech National Bank,

may not exercise the shareholder's rights referred to in section 3, paragraph 3. 3 (b). a) to (c)).



(7) the Czech National Bank consent referred to in paragraph 6 shall be, if

the acquisition of the shares of the Pension Fund was not range in accordance with the

trust and safety requirement for supplementary pension schemes.



(8) shares of pension funds, which represent shareholders ' participation

in the pension fund cannot be used to secure the commitments.



§ 5



(1) to the formation and activities of the Pension Fund is subject to authorization. On the granting of

the authorization shall be decided on the basis of a written request from the founders of pension

the Czech National Bank Fund. Before issuing a decision on the application for authorisation

the Czech National Bank shall request the opinion of the Ministry of labour and social

things.



(2) in the application for authorisation referred to in paragraph 1, the applicant is required to provide:



and the name and address of business) of the Pension Fund,



(b)) the amount of the share capital of the Pension Fund,



(c)) and organizational preconditions for the activities of the Pension Fund,



(d)) that the eligibility requirements to be a member of the Board of Directors and

the Supervisory Board provided for in § 7 para. 2 to 4 people, the proposed



e) depositary.



(3) the application for authorisation referred to in paragraph 1 shall be accompanied by



the founding Charter of proving) a public limited company, the repayment of the entire

the share capital and the origin of the registered capital,



(b)) the statutes of the Pension Fund,



(c) the draft statute) Pension Fund (hereinafter referred to as the "Statute"),



(d)) the draft pension scheme the Pension Fund (the "pension plan"),



e) documents proving the credibility of natural or legal persons,

they are the founders of the Pension Fund, if you cannot request

The Czech National Bank under special legislation,



f) documents proving the credibility of the proposed members of the Board,

the Supervisory Board of the Pension Fund and authorized agents, if you are unable to request

The Czech National Bank under special legislation, and their

professional competence.



(4) the request referred to in paragraph 1 may be made only on the prescribed form,

to which the applicant shall be accompanied by the documents referred to in paragraph 3 (b). a) to (d)), and

documents proving the credibility and professional competence referred to in paragraph

3 (b). e) and (f)). The pattern of the form and the content of its annexes laying down detailed

legal prescription.



(5) the Czech National Bank shall not grant any authorisation under paragraph 1, if the



and the draft statute) or pension plan does not meet the requirements laid down

This law,



(b)), the pension fund does not qualify for the payment of the proposed benefits

supplementary pension schemes,



(c) members of the Board and suggested) the Supervisory Board of the Pension Fund

are not eligible to be members of the Board of Directors and the Supervisory Board in accordance with § 7

paragraph. 2 to 4, the representative does not meet the requirement of the trust, or



(d) do not meet the requirement of the trust's founders).



§ 6



(1) on the application for authorisation referred to in paragraph 5 of the Czech National Bank will decide within 60

days from the date of receipt of the request or to complete it.



(2) the authorization referred to in § 5 para. 1 the authorised status and pension

plan, approval of the persons proposed for members of the Board of Directors and Supervisory Board

Council approval of the Pension Fund and the depositary.



(3) the authorisation shall be granted for an indefinite period and cannot be transferred to another

person.



§ 7



(1) the Board of a pension fund must have at least five members; the supervisory

Council pension fund must have at least three members, with the number of its

Members must be divisible by three.



(2) a member of the Board of Directors and a member of the Supervisory Board (hereinafter "the institutions

the Pension Fund ") and the authorized signatory may be only a natural person over 18

years, having the capacity to perform legal acts, trustworthy and competent, which

It is not a natural person referred to in paragraph 3, and that was in advance

approved by the Czech National Bank. If the Czech National Bank within 30 days

from the date of service of the new Member of the authority of the Pension Fund, and

the Chief Clerk has indicated that it opposes the proposal, it is considered that the proposal

hereby approved.




(3) the members of the authority of the Pension Fund shall not be



and Parliament) deputies and Senators and members of the Government, the Supreme

the inspection authority and the staff of the Czech National Bank,



(b) the authorities of another) the members of the Pension Fund, insurance company ^ 1 c), the Bank, the person

authorised to provide investment services, the members of the institutions

of the regulated market and the members of the organs of investment funds ^ 3) and

investment companies ^ 3a); It does not apply to members of the organs of people

which form a group pension fund,



(c)) to the employee a pension fund, the depositary, organizer

regulated market of the CSD ^ 4) and those that

securities dealer performs its activities,



(d) the person to whom it has been) withdrawn a permit under the law governing

the capital market ^ 4).



(4) Members of the Supervisory Board of a pension fund shall not be employees

the Pension Fund.



(5) the members of the organs of the Pension Fund are required to perform their duties

so, in order not to damage the interests of the participants. The members of these bodies and

a person close to them ^ 6) shall not buy property and movables which

make up the assets of a pension fund or a pension fund real estate and

movable assets to sell.



(6) employees of a pension fund shall not be by natural persons

referred to in paragraph 3. The provisions of paragraph 5 shall apply mutatis mutandis to the

the employee pension fund.



(7) the members of the bodies and the staff of the Pension Fund are obliged to

maintain the confidentiality of the facts, which they learned in the exercise of

his Office or employment, or in connection with them; permissions

The Czech National Bank in the performance of financial market supervision and

The Ministry of Finance (hereinafter referred to as "the Ministry") in the exercise of State

surveillance as specified in section 45a are not affected. This obligation continues after

the termination of their office or employment to a pension fund. Under the terms of

established by the legislation of the persons referred to in the sentence

First, for the purposes of civil procedure, enforcement proceedings under

enforcement of the order, the exercise of supervision on a consolidated basis,

criminal proceedings, tax administration and in the performance of duties to the competent

authority pursuant to the Act on certain measures against the legalization of proceeds from

crime and the financing of terrorism, or according to the law on the implementation of

international sanctions waiver of confidentiality.



(8) the application referred to in paragraph 2 may be made only on the prescribed form, to the

which the applicant shall be accompanied by documents certifying that the conditions

laid down in paragraph 2. The pattern of the form and content of the annexes thereto lay down

the implementing legislation.



§ 8



(1) For the performance of the functions of the depositary of a pension fund shall apply mutatis mutandis for the

a special law governing the exercise of this function for investment

the company and investment fund ^ 7), if it is not provided for in this Act

otherwise.



(2) the amendment of the depositary must be approved by the Czech National Bank, otherwise it is

invalid. If the Czech National Bank within 30 days from the date of receipt of the proposal

to change the depositary indicated that with the change of the depositary does not agree,

that change is approved.



(3) the Czech National Bank may decide to amend the depositary of the pension

the Fund, the Depositary Government violates the obligations laid down by law or

depozitářskou Treaty. Depozitářská contract expires on the date that it becomes

the decision, by which the Czech National Bank decided to make the

the depositary. Not later than one month from the date of termination of depozitářské

the contract is obliged to enter into pension fund depozitářskou agreement with another

by the Bank.



(4) a pension fund is obliged to always set up your separate depository

current accounts or sub-accounts to your current account for



and admission and return of contributions) of participants of pension rights

(hereinafter "post"),



(b)) the provision and the return of State contributions to the supplementary pension insurance

(hereinafter referred to as "the State"),



(c) financing the activities of the Pension Fund),



d) placing and storing resources in the Pension Fund.



(5) current account with a different bank than it is the depositary of a pension fund may

set up after the announcement of its depositary, and only as a condition of opening

the term deposit account. After the establishment of a term deposit account is a retirement fund shall be obliged to

This current account balances converted to a deposit account or to a basic

account with the depositary.



(6) when you change the depositary of the Pension Fund may have opened a separate

current account for receiving and returning the contributions of participants at a bank with which

depozitářská contract to lapse, for a period of six months from the date of termination of

of this agreement.



(7) the statutory body of the depositary and the Supervisory Board shall be made up of

more than one-third of the employees pension fund.



THE HEAD OF THE THIRD



The Statute and the pension plan



§ 9



(1) a pension fund must have the status of a pension plan. How to receive

the Statute and the pension plan and their governing statutes of the pension changes

the Fund.



(2) the amendment of the Statute must be approved by the Czech National Bank, otherwise, they are

invalid. If the Czech National Bank within 30 days from the date of receipt of the proposal

the amendment indicated that the change does not agree, the change is

approved.



(3) changes to the pension plan must be approved by the Czech National Bank,

otherwise they are invalid. If the Czech National Bank within 60 days from the date of

service of the change indicated that the change does not match, the

the change is approved. The Czech National Bank proposal to amend does not approve, if

the change does not meet the requirements of § 5 para. 5 (b). a) and (b)). Before the release of

a decision on the proposal to modify the pension plan asks the Czech national

the Bank of the opinion of the Ministry of labour and Social Affairs.



(4) the Statute and the pension plan must be accessible to everyone.



§ 10



The Statute must contain:



and the scope of activities of the Pension Fund) in accordance with § 12 para. 1 and section 32,



(b) focus and targets) investment policy of the Pension Fund, in particular types of

assets, which will be procured from funds

the Pension Fund,



(c) pension fund management policy),



(d)) how to use the profits,



(e) the name and address of business) the depositary,



(f)) way to publish reports on the management of the assets of the Pension Fund

and changes to the Statute and information about where you can receive these messages.



§ 11



(1) a pension plan must provide for:



a) types of pensions and other benefits, supplementary pension schemes,



(b) the conditions for entitlement to benefits) supplementary pension schemes and their payment



(c)) method of calculating the benefits provided from supplementary pension schemes,



(d) the reasons for the termination of supplementary pension insurance),



(e)) the level of contributions,



f) conditions of the deferral or suspension of contribution payment and change of the

contributions,



g) rules and the method of payment of contributions and to the non-payment and

late or incorrect payment of contributions,



h) conditions of acceptance of funds from pension plans for

a pension fund, and the adjustment of claims on the basis of this takeover,



I) the principle that the parties, including recipients of pensions involved in

revenue management of the Pension Fund.



(2) every pension plan shall modify the eligibility of participants in the

old-age pension [section 21 (1) (a))] and lump-sum compensation.

Pension plan may modify the conditions for the claims of the participants

even cheaper than that provided for in this Act if this Act

does not exclude.



(3) the pension plan is a defined contribution schemes such as pension

plan, in which the amount of the pension depends on the total contributions paid in the

benefit of the participant, the participant's share of the revenue management of pension

the Fund and the age from which provides Board (hereinafter referred to as "contributory

pension plan ").



(4) if the disability pension, the amount of these pensions may be determined next to

the rules of the contributory pension plan at the same time also so that the pension

the Fund met the conditions of entitlement to this pension guarantees

the agreed amount, if appropriate, may be addressed in a different way (

"batch pension plan"); in this case, the pension plan

include criteria of allocating the management of the Pension Fund on the

part of that is taken into account in determining the amount of pensions according to the contributory

pension plan, and part of that is taken into account in determining the amount of the pension

According to a batch of the pension scheme.



(5) if the pension plan provides contributory early retirement pension shall not

be specified for this pension contributions higher than the contributions intended for the

old-age pension.



(6) the amount of the pensions and allowances in the pension plan, determined in accordance with actuarial

mathematical principles taking into account the proceeds of the pension management

the Fund.



CHAPTER FOUR



Commencement and termination of the supplementary pension insurance



§ 12



(1) supplementary pension insurance contract arise between the physical

a person who is qualified to be a party (section 2), and pension fund

the date laid down in the Treaty. The contract must not contain potentially unsafe

clause, to the detriment of the participant. With one pension fund may

participant concluded only one contract; This does not apply in the case of a contract

concluded pursuant to section 19 para. 3 (b). (c)).



(2) of the Treaty under this Act shall not apply the provisions of the Special

the legal rules relating to the insurance contract ^ 8).




(3) the brokering activities leading to the conclusion of the agreement between the

Pension Fund and a natural person that is eligible to be a participant in

(section 2), it may exercise the natural or legal person for the Pension Fund,

who is authorised (§ 5 para. 1).



(4) in connection with the conclusion, amendment and termination of the contract progresses

Pension Fund or a provider competently, honestly and fairly

and in the best interests of those interested in the conclusion of the contract (hereinafter referred to as "candidate")

or participant.



(5) the pension fund or broker



and provide leads or not) to the employer in accordance with section 27 para. 5

remuneration, reward or advantage (hereinafter referred to as "incentive"), which may

lead to a breach of the duty to act competently, honestly and fairly, and

in the best interest of the lead,



(b)) when concluding the contract or its mediation is a candidate with a

professional care, in particular, must not indicate false, unsupported, incomplete,

inaccurate, unclear or ambiguous data and information, or concealing

data on the nature and characteristics of the services provided,



c) in written form shall inform the candidates about the essential facts

relating to the Pension Fund, its people as the provider of the

essential elements of the supplementary pension insurance, fees

charged to the participant, the amount of the commissions for the mediation and the other

the related costs of the Pension Fund.



(6) an incentive shall mean (i) unusual consideration for service or

any granting of undue advantages of financial, material or

intangible nature.



section 13 of the



Before the conclusion of the contract shall be the future participant familiar with the Statute and

the pension plan.



§ 14



(1) the contract with the Pension Fund committed to providing participant benefits

supplementary pension scheme under the conditions in the amount and manner laid down

the pension plan and this agreement and the participant undertakes to pay

Pension Fund contributions under the conditions in the amount and manner laid down

the pension plan and this agreement.



(2) the pension plan is part of a contract to which the contract refers and

that is connected to it.



(3) a pension fund shall be obliged to inform the participants about the changes

a pension plan that relate to the claims and benefits from the pension

supplementary insurance.



(4) in the contract, a participant may, in case of his death to determine the person to whom the

is entitled to surrender [section 23 paragraph 1 (b))]; If you specified more than one

people must at the same time define participant way of dividing the surrender value

individual persons.



§ 15



In the contract it is necessary to always negotiate the provision of old-age pension.



section 16 of the



If there is a change in the pension plan to which the contract refers,

the change to the pension plan part of the contract only if the participant and

the Pension Fund agreed to change the contract.



§ 17



1) participant may, at any time in writing to terminate the pension plans.

Pension plan may provide for a notice period; This period begins on the

the first day of the calendar month after receipt of the notice, and shall not be longer

than two calendar months.



(2) a pension fund is required to a party not later than 30 days from the date of

delivery of notice in writing to confirm her receipt and indicating the date of demise

supplementary pension schemes.



(3) the participant is obliged to notify in writing all of the Pension Fund

the facts that have no meaning for the duration of the supplementary pension schemes, and

Next, change the facts that are the condition for the fulfilment of the

information obligations of the Pension Fund in accordance with § 14 and 26.



section 18



(1) a pension fund can terminate pension plans only

participant,



and) that for at least six calendar months, or longer

the period provided for the pension plan paid posts or who has not completed

other obligation arising from a pension plan to which this plan

It combines the possibility of dismissal if the participant at least one month before the

the termination of the supplementary pension insurance on the possibility of termination in writing

notified,



(b)) that when concluding the contract stated false information affecting the

entitled to the provision of the State contribution benefit pension

insurance or that he concealed the facts that are relevant for the

conclusion of the contract, or



(c)) that does not meet the conditions established by this Act to be a party.



(2) supplementary pension cannot be terminated pursuant to paragraph 1, if the

the participant has met the condition for entitlement to a pension of

the payment of the allowance for a period fixed retirement plan or meet

This condition until the end of the period of notice set out the pension plan.



§ 19



(1) the participant's supplementary pension insurance expires on the date



and the termination of the last Board),



(b) the payment of a one-time compensation instead of) the last Board,



(c)) on which the participant and the Pension Fund agreed in writing,



(d)) to which it was pension plans terminated under section 17 and 18,



(e) the payment of the surrender value upon termination), pension fund, unless the

assuming the obligations Pension Fund, another pension fund,



f) their permanent residence of the participant on the territory of the Czech Republic,



g) losing residence in the territory of a Member State of the European Union or their

participation in the pension insurance act or in public health insurance in

The Czech Republic,



h) death of the participant.



(2) the participant's supplementary pension rights shall be interrupted on the date indicated

participant in the notice of supplementary pension insurance suspension, however, the first

the first day of the calendar month following receipt of the written

notification of the Pension Fund. A participant can pension plans according to

the first sentence break, only if



and paid contributions) pension insurance for 36 calendar

months, or



(b) contributions paid for) 12 calendar months in the case of each

further supplementary pension insurance suspension for the same pension fund.



If a participant breaks the pension insurance, has for a period of interruption shall be entitled

the revenue share in the Pension Fund, for which pension

insurance interrupted.



(3) additional supplementary pension insurance contract can be concluded where



and previously incurred by the supplementary pension) has been terminated in the manner specified in the

paragraph 1 (b). a) to (e)),



(b) arising from pension insurance) previously was suspended pursuant to paragraph 2,

or



(c) a participant which was) entitled to benefits supplementary pension schemes

under section 20 (2). 1, asked for the payment of benefits; the next contract may be concluded

soon as possible to the first day of the calendar month following the delivery of

a written request for payment of the pension fund benefits.



CHAPTER FIVE



Claims arising from supplementary pension schemes



section 20



(1) of the supplementary pension schemes to provide the following benefits:



and) Board, which means a lifetime of regular payment of a sum of money,

and if the survivor pension, payment of a sum of money for

provided for the pension plan,



(b) a one-time settlement)



c) surrender.



(2) benefits the supplementary pension is a pension fund shall be obliged to pay in

the time limits and in the manner laid down in the pension scheme or agreed with the

the recipient of the pension.



(3) Supplementary Pension Benefits are paid on the basis of the request

authorized.



section 21



(1) of the supplementary pension insurance can be used to provide these retirement:



a) old-age pension, if the condition of the claim reaching the age established by

the pension plan,



b) disability pension, if it is a condition of the granting of disability pension entitlement

from the pension insurance for third-degree invalidity,



(c)) výsluhové pension, if it is a condition of achieving the pension entitlement period

insurance provided for the pension plan,



d) survivor pension, if the condition of the claim of the death of the participant.



(2) the condition of the right to a pension is a payment of pension

supplementary insurance for a certain period to be determined pension plan (hereinafter referred to as

"insured period"), which must be at least 36 calendar months

must not be longer than 60 calendar months, with a period of 36

calendar months in the pension plan cannot be reduced. As a condition of entitlement to

old-age pension, however, is that the insured period amounted to at least 60

calendar months, which period cannot be cut in the pension plan;

the insured period shall not be longer than 120 calendar months.



(3) the provisions of paragraph 2 shall not apply for early retirement pension and disability

retirement pension plan established under the batch; as a condition of entitlement to

early retirement pension is that the insured period amounted to at least 180 calendar

months, and the entitlement to invalidity pension provided to insured period amounted

at least 60 calendar months, and the length of time the insured cannot be

in the pension plan to reduce.



(4) the Age laid down for entitlement to old-age pension referred to in paragraph 1 (b). and)

must be the same for women and men, and must not be lower than 60 years; pension

the plan must not provide for a lower age.



(5) the survivor pension belongs to a natural person, that the participant has specified in

the contract; the participant can specify multiple people.



(6) the old-age, invalidity and early-retirement pension belongs only participant.



(7) a participant or a natural person specified in the contract, which was

entitled to a supplementary pension and who do not reside on the


the territory of the United States, the Pension Fund shall, at the request of the

pay a benefit to a foreign country in the amount and within the time limits laid down in the pension

plan.



(8) a participant or a natural person specified in the contract, which was

entitled to pension insurance and who are not resident in the territory of

the Member State of the European Union, the Pension Fund shall, at their

request to pay benefit abroad in the amount and within the time limits laid down

the pension plan.



section 22



(1) compensation belongs to a party under the conditions laid down

the pension plan instead of the Board.



(2) in the event of a claim for compensation and after delivery

a written request for the payment of the Pension Fund must pay

a one-time settlement to the end of the calendar quarter following the

the month to which the last contribution was paid to the participant.

A participant, who qualify for the compensation, and that

pension insurance prior to commencement of the application for the payment of,

the Pension Fund is required to pay the compensation within three months

After receipt of the written request for his paycheck.



Article 23 of the



(1) Surrender shall belong to



and the participant, who has paid) posts for at least 12 calendar

months and whose pension insurance has been terminated by notice or agreement,

If it is not paid out pensions, supplementary pensions has lasted at least 12

calendar months and prevent the transfer of funds to the pension

insurance with a pension fund under section 24,



(b) natural persons specified in) the contract, if the participant died and was not

he receives pensions or compensation paid and if

do not qualify for survivor's pension or, if entitlement to the

all of the physical person's survivor pension determined in the contract in writing

abandon.



(2) the amount of the surrender value shall be determined as the sum of contributions paid

the participant and the share of revenue management of pension fund

of the corresponding amount of the contributions paid by him. The amount the State

contribution pension fund is required to return to the Ministry.



(3) Surrender the Pension Fund must pay within three months from the date of

receipt of the request of a participant or a natural person determined in the contract about its

payout. If a party requests the payment of the surrender value prior to termination

supplementary pension schemes, the Pension Fund must pay the value

not later than three months from the date of termination of the supplementary pension insurance.



section 24



(1) a participant whose pension plans disappear and which did not arise

entitlement to a pension and not surrender value shall be entitled to convert the

contributions, including State contribution and their share of the revenue

the management of the Pension Fund to the pension plans for another

the Pension Fund if the pension fund agrees.



(2) If a participant is requested to transfer the funds referred to in paragraph 1, the

a pension fund shall convert within three months from the date of

the demise of the supplementary pension insurance suspension. The request for the transfer of funds is to be

attach the consent of the Pension Fund, in accordance with paragraph 1.



(3) the State's contribution, which was not remitted to the Pension Fund for a period of

before transferring funds referred to in paragraphs 1 and 2, shall be paid

Pension Fund, into which the supplementary pension funds were

transferred, on the basis of his application to the Ministry.



(4) a pension fund can provide the surrender value pursuant to § 23 para. 1 (b). and)

or transfer the funds referred to in paragraph 1 conditional on payment of a fee

participant. The fee must not exceed $ 800. If the fee has not been

payment by the deadline referred to in paragraph 2 or within the time limit under § 23 para. 3,

provide pension fund surrender or transfer funds within 5 days after its

payment.



(5) the Fee referred to in paragraph 4 shall not be required after the expiry of 5 years from the date of

the emergence of supplementary pension schemes.



(6) Pension Fund shall inform the participant in writing of the amount of the fee referred to in

paragraph 4, and at the latest within 5 days from the date of receipt of the request of the participant

to grant the surrender or the transfer of funds.



§ 25



If the participant died, which has not been paid to the Board, and does not arise if the claim

the surrender value pursuant to § 23 para. 1 (b). (b)) or survivor pension,

the amount calculated in accordance with § 23 para. 2 the subject of inheritance if they are

the heirs.



section 26



(1) the participants shall be informed in writing annually to the Pension Fund

on the level of all the resources that a pension fund registered in favour of their

entitlements from supplementary pension schemes and on the status of these claims, including information

the amount of the paid percent appreciation of the resources of the participant. Information

the Pension Fund is required to send not later than one month from the date of

the meeting, which decides on the distribution of profit, and also on the

the request of the participant. For the second and additional information is a pension fund

entitled to request payment of the participant reasonably incurred costs.



(2) the report on the management of the Pension Fund and the Pension Fund's statutes

must be available to all participants, including recipients of pensions. Report on the

the management of the Pension Fund, including an overview of the storage and location

the resources of the Pension Fund and the amount thereof and the number of its participants is

part of the written information referred to in paragraph 1.



(3) the list of members of the Pension Fund and the pension list of shareholders

the Fund, which must contain the information pursuant to a special Act, ^ 8a) must be

available to the public at the registered office and all branch offices of the Pension Fund.



CHAPTER SIX



Contributions of the participants



section 27 of the



(1) the amount of the contribution of the participant shall be the calendar month; the amount of the

contribution, it must not be less than the amount of giving entitlement to the

the State's contribution (section 29 (2)).



(2) the participant cannot pay pension contributions at a time

For more pension funds.



(3) contributions shall be paid by the end of the calendar month to which it applies,

or if the contributions paid in advance for a longer period, until the end of the first

the calendar month of the period. The contribution of the participant shall be deemed to

paid for by the end of the calendar month when the post until the end of

calendar month credited on account of a pension fund for its depositary.



(4) the participant has the right to change the amount of its contribution. To change the amount of the contribution

is only possible in the future. In the pension plan may be a period of grace

for this change, which, however, must not be longer than three calendar months

from the date of receipt of the notification of the change of the amount of the contribution.



(5) A participant may, with his consent to pay pension fund

post all or part of a third party; the participant is obliged to

the fact, in writing, notify the Pension Fund. In the first sentence

may pay all or part of the contribution, the employer also for their

employees who are participants under this Act. In the first sentence

employers may also forming the Fund for cultural and social

needs ^ 8b) pay from the Fund, or part of a contribution for its

employees who are participants under this Act. On post

paid by the employer in whole or part for your employees to

does not provide a State contribution.



(6) the employer does not affect employees in the selection of the Pension Fund.

The employer may not take the incentive in connection with the provision

contribution to pension plans to their employees.



(7) the period of deferral of contribution payment, for which the Subscriber paid

posts, counts towards the insured period. Time for another break

contribution payment to the insured period.



THE HEAD OF THE SEVENTH



State contributions



section 28



(1) from the State budget to provide for the benefit of participants by State

posts.



(2) a pension fund is obliged to register the State posts in

benefit of the participants and to manage them in the same way

as with contributions paid participants.



section 29



(1) for each calendar month for each individual person belongs, in a timely manner

(section 27 (3)) paid on this month's post, one of the State

post.



(2) the amount of the public contribution per calendar month shall be determined according to the

the monthly amount of the allowance paid to the participant's pension provided for by

contributory pension plan as follows:

the amount of contribution the amount of the State

participant in the $ post in CZK



100 to 199 50 + 40% of amount over $ 100

200 to 299 90 + 30% of the amount over $ 200

300 to 399 120 + 20% of the amount over $ 300

400 to 499 140 + 10% of the amount over $ 400

500 + 150 CZK.



(3) If the participant pays a contribution over a longer period than the calendar

month, the amount of the public contribution by the average monthly amount

attributable to that period.



(4) when you change a depositary shall belong to the State's contribution referred to in paragraph 1, and

If the participant's contribution has been paid within the time limit set out in section 27 para.

3 with the depositary of the Pension Fund before making the changes, even after

period of six calendar months after the expiry of the depozitářské

of the Treaty.



(5) for the purposes of granting the State contribution, the amount of the contribution of the participant

rounded up to the nearest Crown downwards.



(6) the Government may by regulation to increase the State's contribution.



section 30




(1) pension fund serves the State's request to provide on a quarterly basis

the contribution summary for all participants, which belongs to state post

According to section 29, and electronically remote access. The application shall be

the Ministry in a calendar month following the end of the calendar

quarter. The request is processed using the information system

the Ministry, operated under the terms of a particular legal

^ Regulation 8 d). In the case of an incomplete application, or the wrong data, performs

pension fund the repair request. Fix requests will be served at the same time

applications for State compensation for any of the following calendar

quarter. Until the application is complemented or corrected, the period referred to

to in paragraph 2 in relation to the participants concerned shall fix the request relates,

is not running.



(2) the Ministry is obliged to point out the State's contribution for the calendar

quarter on account of a pension fund by the end of the second month

following the quarter in which the granting of the State contribution

asks.



(3) the amount of the public contribution remitted wrongly pension fund is

a pension fund shall be obliged to return to the Ministry, within 30 days, when detected,

These amounts were credited wrongly, no later than eight days from the date of

the decision of the Ministry about the obligation to return these amounts.

The right to recover amounts credited to unjustly barred within ten years from the

their date of remittance.



(4) the amount of the national pension fund contribution remitted pursuant to paragraphs

1 and 2, which were not used for the satisfaction of claims under sections 23, 24 and 25,

the Pension Fund is required to return to the Ministry,



and) six months from the date of termination of the supplementary pension insurance in the case of

entitlement to surrender under section 23, and in the case of heritage in accordance with § 25,



(b)) to 6 months from the date of termination of the supplementary pension insurance in case when the

do not qualify the participant to surrender under section 23 and did not ask for

converting resources into a supplementary pension scheme with a pension

Fund in accordance with section 24.



(5) the pension fund passes to the Ministry a report on the return of the amounts of the State

contribution, and no later than the 10th day of each calendar month

in the manner referred to in paragraph 1. The Ministry handles this information for

use of your information system.



(6) if the Pension Fund has drawn national post in a higher amount than the

He belonged, and is in delay with the performance of the obligation to return the State's contribution

within the time limits referred to in paragraph 3, shall be obliged to pay a penalty in the amount of 1

per mille of the wrongly drawn amount State allowance for each day

the delay. The finance charge shall be calculated from the day following the expiry of the

the time-limits until the day when they were wrongly drawn amount State contribution

returned to the Ministry. A penalty of 1 per mille of the amounts of the State

the post, which were not used to satisfy claims, the Pension Fund

required to pay for each day of delay, if the amount of the State

the contribution of the Ministry were returned within the time limits referred to in paragraph

4. the Penalty is calculated from the day following the expiry of these time-limits until the

the date on which the State contribution amounts were returned to the Ministry. Finance charge memo

down by decision of the Ministry.



(7) the Ministry may issue a decree to establish the requirements for an application

provision of public contribution referred to in paragraph 1, and the requirements of the message

referred to in paragraph 5, if the way pension fund

in doubt.



CHAPTER EIGHT



Management of pension fund



section 31



(1) a pension fund must manage assets with professional care and in order to

secure reliable yield.



(2) as soon as it finds that the Pension Fund is not likely to cover claims on

benefits of supplementary pension schemes, is obliged to take measures to remedy the

and immediately inform the Czech National Bank.



(3) a pension fund may not dispose of his property in a way that would

was contrary to the interests of the participants.



(4) in case of doubt on the eligibility of the Pension Fund to cover claims

the supplementary pension benefits may the Czech National Bank on its

cargo provide verification of the eligibility of the appraiser.



(5) the Pension Fund can entrust the management of your assets to a third

to the person; the rules on the conditions of the performance credentials of another certain activities,

which includes the management of an investment fund or foreign

Investment Fund under the law governing investment companies and

investment funds shall apply mutatis mutandis ^ 9a).



§ 32



No activity other than pension plans, pension funds can perform,

only if this other activity connected with the pension

supplementary insurance.



§ 33



(1) funds collected by the Pension Fund must be placed

with professional care so as to ensure the security, quality, liquidity and

the profitability of financial investments as a whole song.



(2) funds collected by the Pension Fund may be placed

in particular, to the



and bonds, whose issuer) is a Member State of the Organisation for

economic cooperation and development, or the Central Bank of that State, and

bonds, for which the Member State of the Organization has assumed a guarantee for the

economic cooperation and development,



(b)) of bonds issued by the European Investment Bank, the European Bank for

reconstruction and development or the International Bank for reconstruction and development, or other

the international financial institutions of which it is a member of the Czech Republic,



c) investment securities mutual funds,



(d)) of the securities admitted to trading on a regulated European

market or foreign markets similar to the regulated market ^ 15) country

The Organisation for economic cooperation and development, which is allowed

the competent authority of the Member State,



e) movable assets representing the guarantee safe storage of cash

resources, in addition to securities,



(f) providing a reliable guarantee for real estate) to save cash

resources and used wholly or mainly for business or residence.



(3) funds collected by the Pension Fund can be stored and

on deposit accounts, certificates of deposit and committed books

deposit certificate or party holding sheet, at a bank or a branch

foreign banks in the territory of the Czech Republic or with a bank located on the

the territory of the Member States of the Organization for economic cooperation and development.

The amount of the resources stored in this way one bank must not constitute more than 10

% of the assets of a pension fund or, where appropriate, the equivalent of 20 000 000 Czk

of this amount in a foreign currency.



(4) a pension fund is obliged to buy only securities at the lowest price,

would it be possible with professional care to buy, and

sell only at the highest price at which it would be possible with

professional care to sell. Compliance with the conditions laid down in the previous sentence is

a pension fund shall be obliged to demonstrate.



(5) for the calculation of the value of the securities owned by the Pension Fund pays

mutatis mutandis, the provisions of the special legal regulation that sets out how

calculate the values of the securities owned by the Fund of collective

investing ^ 11 c), with the exception of bonds held to maturity,

up to a maximum of 30% of the assets of the Pension Fund, of which the issuer is

Member State of the Organisation for economic cooperation and development and the

rating issued by the rating agency registered or certified

According to the regulation of the European communities directly applicable on credit rating

agencies ^ 11 d) achieves comparable credit rating category as rating

Of the Czech Republic.



(6) the valuation of real estate and movable property must be done prior to their

the purchase of and within the time limits laid down in the Statute of pension fund

but at least once a year. Awards shall be made in accordance with the laws of the

in force at the time when the award is made. If these provisions

There are carried out the valuation, forensic expert independent of the Pension Fund.



(7) the locking stores, including derivatives and options, the Pension Fund

only, provided that you can use to reduce risks

of the prices of securities, interest rates and exchange rates assets

located in the portfolio of the Pension Fund. If these stores

to conclude on a regulated European market, the Pension Fund shall be obliged to

to conclude, it is only on a regulated European market and further on foreign

the market similar to the regulated market of the Member States of the Organization for

economic cooperation and development, which are authorised by the competent authority

Member State, provided that they are reliable and appreciated daily

verifiable manner and pension fund has the ability to monetize them anytime and

close for their market value. The settlement of these transactions may

perform only the Bank, which shall be the depositary of the Pension Fund.



§ 34



(1) the value of securities issued by one issuer may not constitute more

than 10% of the assets of the Pension Fund. This restriction does not apply to

bonds referred to in § 33 para. 2 (a). a) and (b)).



(2) the total value of the movable and immovable property shall not constitute more than 10

% of the assets of the Pension Fund.



(3) the assets of a pension fund shall not be more than 20% of the total

the nominal value of the securities issued by one issuer. This

restriction does not apply to the bonds referred to in § 33 para. 2 (a). a) and

(b)).



(4) at least 50% of the assets of a pension fund must be placed or


saved in assets denominated in the currency in which the liabilities are expressed

Pension Fund against the participants. Most 70% of the assets of the Pension Fund

can be placed according to § 33 para. 2 (a). c) to (f)). The most 5%

the assets of the Pension Fund may be placed otherwise than stated in § 33

paragraph. 2 (a). a) to (f)) and § 33 para. 3.



(5) the application of the purchase and the pre-emptive rights arising from the securities

paper and changing the prices of securities, changes in the valuation of real estate

and movable assets can be shares referred to in the previous paragraphs

exceeded for a maximum period of six months, during which must be

secure distribution of risks pursuant to the preceding paragraphs.



(6) Pension Fund is obliged to immediately notify the Czech National Bank

exceeding the limits referred to in paragraphs 1 to 4.



(7) the Pension Fund may not buy shares of another pension fund and

to issue the bonds.



§ 35



1) pension fund distributes profits by at least 5% goes to the

the Reserve Fund and the most 10% shall be distributed according to the decision of the General

meeting, if further provide otherwise; the remaining part will be used in the

benefit of the participants and persons whose pension plans in

year for which the profit splits.



(2) if the management of the Pension Fund will end up losing, it shall apply to

cover loss retained earnings from previous years, the reserve fund ^ 12a) and

other funds made up of profit. If these resources are not enough, there must be loss

covered by the reduction of the share capital. The value of the share capital may not

fall below the amount specified in section 4, paragraph 4. 4.



section 36



(1) a pension fund shall not later than three months after the end of the semester

and the calendar year to publish reports about your management and overview of the

the location of the resources of the Pension Fund (§ 33 (1)), storage (§

33 para. 2) and their amount.



(2) in the case of pension funds, that there are more than three years, in the annual

management report provides an overview of the results for the last three

for years.



(3) the reports of the management shall be submitted and the Czech National Bank,

the Ministry and the depositary.



§ 37



(1) a pension fund is obliged to continuously record the status of contributions

paid for the benefit of the participants in the distribution between

participant contributions a participant eligible for deduction from the base of the

income tax ^ 12b) a participant who is a taxpayer, posts

paid by the employer and the other contributions paid for the benefit

of the participant. Furthermore, it is required to separately register pension fund status

State contributions of individual participants and shares

the management of the Pension Fund.



(2) the contributions of the participants and State posts charged pension fund in

accordance with the accounting methods under special legislation. ^ 13)



(3) funds, out of which shall be determined early-retirement pension, must be kept

separately; This applies by analogy to invalidity pension, the amount of which shall be

on the basis of a batch of the pension scheme.



(4) a pension fund is obliged to documents related with the pension

' save and retain participant is



and ten years) after an application for a State contribution for the

a participant for documents proving entitlement to the State's contribution,



(b)) three years following the payment of the last dose of the pension

insurance for the participant documents proving entitlement to benefits

supplementary pension schemes.



§ 38



(1) use of the data of the Pension Fund can be used only with the consent of the pension

the Fund.



(2) information relating to an individual subscriber, you can

provide only with his consent; This does not apply in the case of provision of data

The Czech National Bank in the performance of the financial market supervision, or

Ministry in the exercise of State supervision in connection with the provision and

change state contribution (§ 45a).



THE HEAD OF THE NINTH



Their activities of pension funds and the settlement of pension claims

supplementary insurance



§ 39



(1) cancellation and liquidation of a pension fund shall be governed by the commercial code with

variations on established.



(2) a pension fund shall be repealed on the date specified in the decision of whether or not the United

the National Bank for the withdrawal of the grounds provided for in § 43 para. 1 (b).

(d)).



(3) the Division or merger of pension funds is necessary to enable the United

National Bank; in doing so, it shall proceed mutatis mutandis in accordance with § 5 and 6. When

Division or merger of pension funds may give rise to pension

funds under this Act.



(4) a liquidator appointed and recalled by the Pension Fund, the Czech national

the Bank.



(5) the proposal to allow registration of a liquidator in the commercial register and the

cancellation from the commercial register submitted to the liquidator's liquidator.



(6) Pension Fund in liquidation shall not enter into a new contract under section 12

paragraph. 1.



section 40



(1) a participant in the Pension Fund, which was abolished by splitting or

merger becomes a participant in the newly created pension fund if

within one month from the date on which he was notified of the cancellation in writing

Pension Fund and the terms of a supplementary pension scheme for newly established

the Pension Fund, to reject the new supplementary pension insurance

the Pension Fund. Claims arising from pension plans canceled pension funds

are transferred to the supplementary pension scheme for newly born pension

funds in the manner laid down in the pension plan of a newly created

the Pension Fund.



(2) in accordance with paragraph 1 shall be applied, mutatis mutandis, when the cancellation of the Pension Fund

by merging.



§ 41



(1) upon cancellation of a pension fund without legal successor is the claims

participants settled payment of one-off settlement or surrender,

If the pension fund with the participant agrees to transfer the funds to the

supplementary pension with a pension fund.



(2) the amount corresponding to the contribution that has not been applied to the

satisfaction of the claims referred to in paragraph 1, is coming back to the State budget.



THE HEAD OF THE TENTH



Supervision of pension funds



§ 42



(1) the activities of the Pension Fund and the activities of the depositary referred to in this Act,

are subject to supervision, carrying out the Czech National Bank. State supervision in the

extent provided in § 45a is exercised by the Ministry. The control permission

financial and other authorities under special legislation by

are not affected.



(2) in the exercise of supervision, the Czech National Bank shall supervise compliance with this

the law, specific legislation, the Statute and the pension plan, as well as

the decision issued by the Czech National Bank and is committed to protecting participants.



(3) in the exercise of supervision and the State supervision and the Czech National Bank's

the Ministry shall provide each other with all the information and determine which

may be relevant for the exercise of their jurisdiction. On the performance of the mutual

information obligations not covered by the obligation of professional secrecy.



(4) in the exercise of supervision, the Czech National Bank may require from the pension

Fund of information about its activities, to the extent necessary for the performance of

supervision. Authorized employees of the Czech National Bank are in the performance

supervisors are entitled to participate in meetings of the organs of the Pension Fund and

to enter into the premises of the Pension Fund.



(5) the authorities, their pension fund members and staff are required to

submit to the Czech National Bank requested her papers and documents needed

for the supervision of pension funds and provide to all

required information in written or oral form.



(6) Pension Fund is required to



and the Czech National Bank) submit annually, not later than 31 December 2006. January,

list of shareholders, with an indication of the data requires specific legal

prescription ^ 8a)



(b) the Czech National Bank) to inform of any change in the list of shareholders to

10 days after the entry of the modification in the list of shareholders,



(c)) submit to the Czech National Bank resolution of the register Court of registration

changes to or termination of the written facts without undue delay after the

the implementation of registration in the commercial register.



(7) the Czech National Bank keeps a list of all pension funds and publishes

it in a way allowing remote access.



§ 43



(1) if the Czech National Bank in the performance of surveillance, a pension

the Fund violates or fails to fulfil the obligations laid down in this law in breach of the

the statute or the pension plan, may according to the severity and the nature of the identified

Pension Fund deficiencies



and save to) any defect within the time limit removed or

they were traded within the specified time, the members of the institutions, pension fund and to

the Czech National Bank informed on the implementation of the measures taken,



(b) to the stage) to suspend time, but no longer than six months, and in the

defined the scope of the permission of the Board to dispose of the property of the

the Pension Fund; at the same time must the Czech National Bank to appoint to this

for the trustee of a pension fund, which entrusts negotiation on behalf of the

the pension fund until such time as the General Meeting elected new

the Board of Directors, the Board of Directors in the original permissions restored the range

or until the registration of pension fund into liquidation entry in the commercial

the register. The trustee is entitled to remuneration in the amount prescribed by the Czech

National Bank and later to cover reasonably incurred costs associated with

Asset Manager function. Reward and remuneration reasonably incurred

costs are paid from the assets of the Pension Fund,




(c)) to reduce the time to the stage, up to two calendar years, the part of the

the profit, which are broken down by section 35, based on the decision of the General

meeting,



d) revoke the authorisation granted under § 5 if they are given by the following reasons:



1. in the application for the grant of authorisation have been knowingly presented the founders

incorrect data applicable to the grant of such authorization,



2. the continuation of the activities of the pension fund would undermine the claims

the participants, therefore, that seriously violates the pension fund obligations

provided for in this law, the statute or the pension plan, in the management

the Pension Fund are manifested serious flaws or pension fund

has not made within the prescribed period the measures to restore their eligibility to cover

entitlement to benefits supplementary pension insurance, or



3. the pension fund does not close within one month from the date of acquisition of legal power

the decision granting the Czech National Bank decided on the change of the depositary, a new

depozitářskou the contract (§ 8, paragraph 3).



(2) the penalties provided for in paragraph 1. (b)) to d) can be stored within

one year after the day on which the Czech National Bank became aware of the violation of

or failure, a violation of the statute or of the pension scheme,

no later than three years from the date on which the violation or failure to comply with

obligations, breach of statute or pension plan occurred.



THE HEAD OF THE ELEVENTH



ADMINISTRATIVE OFFENCES



the title launched



§ 43a



Misdemeanors



(1) The authority of the Pension Fund, is guilty of an offence by making use of assets

Pension Fund buys a thing whose value exceeds the amount of 5 000 CZK

or pension fund thing whose value exceeds the amount of 5 000 CZK

He sells.



(2) The authority of the pension fund or the employee pension fund,

commits the offence by



and) breaches the obligation of professional secrecy pursuant to § 7 para. 7, or



b) provide supervisory or State supervision over the activities of

the Pension Fund of the Czech National Bank or the Ministry of false

the information.



(3) a natural person pursuant to § 12 para. 3 committed by offense, by the

connection with the conclusion of the contract, its modification or termination, or

connection with the provision of the contract, amendments or

their acts in violation of § 12 para. 4 to 6.



(4) a natural person pursuant to § 27 para. 6 is guilty of an offence by

affects the right of their employees in the choice of pension fund, or by

in connection with the provision of a contribution to a pension scheme

its employees receives an incentive.



(5) for the offence referred to in paragraphs 1 to 4, you can impose a fine of up to 1 000 000

CZK.



section 43b



Administrative offences of legal persons



(1) a legal person commits an administrative offense that operates

pension plans without a permit under section 5.



(2) a pension fund has committed misconduct by



and) concludes a contract with a natural person, that cannot be a participant under the

§ 2,



(b) the breach of the prohibition of discrimination) of the participants under section 2a,



(c)) it's the participation of shareholders representing shares of the pension

the Fund to ensure the liabilities of the Pension Fund (§ 4 para. 8),



d) contrary to the provisions of section 8 paragraph 1. 5 has established a current account with other

the Bank than it is the depositary,



(e)) in connection with the conclusion of the contract, its modification or termination of this

contrary to section 12 paragraph 1. 4 to 6,



(f) fails to inform the participants in writing about) the changes to the pension scheme, which is

apply entitlements and benefits from the pension insurance (§ 14 (3)),



g) does not pay party benefits supplementary pension on the terms and

the manner prescribed by the pension plan or the pension agreed with the beneficiary

(section 20 (2)),



(h)) does not convert the funds to the supplementary pension scheme in another

the pension fund within the time limit referred to in § 24 para. 2,



I) does not inform the participants according to § 26 para. 1 or will not issue or make available to the

participants report pursuant to § 26 para. 2 or make available to the members list

authorities of the Pension Fund and the pension fund list of shareholders in the manner

pursuant to section 26 paragraph 1. 3,



j) fails to submit a request for State contribution within the time limits and the

According to § 30 para. 1,



k) does not return to the State budget wrongly credited State posts in

the time limits referred to in section 30 paragraph 2. 3 or do not return to the State budget the amounts

State contribution pursuant to § 30 para. 4,



l) disposes of his assets in a manner that is contrary to the interests of the

participants (section 31, paragraph 3)



m) immediately notifies the Czech National Bank that is unable to cover

the rights to benefits from the pension insurance, or has not taken measures to

remedy pursuant to § 31 para. 2,



n) exercises an activity which is not related directly with the pension

supplementary insurance (§ 32),



about) places the resources of the pension fund contrary to section 33, or is in the

contrary to § 31 para. 5,



p) puts the resources of the pension fund contrary to the limits referred to in § 34

paragraph. 1 to 4 or to notify without delay the Czech National Bank exceeded

These limits,



q) buys shares of a pension fund, or issue bonds in violation of

with the provisions of § 34 paragraph 1. 7,



r) will not disclose the detail of the management or information management in

cases referred to in § 36 odst. 1,



with) does not save or neuschová documents related to pension plans

of the participant during the period referred to in § 37 para. 4,



t) provide information relating to an individual subscriber in violation of

the provisions of § 38 paragraph 1(a). 2,



for the Czech National Bank) do not submit the list of the shareholders pursuant to § 42 para. 6

(a). and) or does not inform the Czech National Bank on the change in the list of

shareholders pursuant to § 42 para. 6 (a). (b)),



in) not removed by the deadline shortcomings detected in exercising supervision

or State supervision, or does not inform the Czech National Bank or

the Ministry on the implementation of the measures adopted, or



w) shall be exchanged in determined period members of the organs of the Pension Fund.



(3) a depositary is guilty of an administrative offense, by



and) not removed by the deadline the shortcomings found during the performance

supervision, or



(b)) does not inform the Czech National Bank on the implementation of the measures adopted.



(4) a legal person as a provider of supplementary pension insurance,

committing an administrative offense by that, in connection with the provision of

the conclusion of the agreement, its amendments or termination is contrary to section 12 paragraph 1.

4 to 6.



(5) a legal person pursuant to § 27 para. 6 committing an administrative offense

that will affect employees in the choice of pension fund, or by the fact that in

connection with the provision of the supplementary pension insurance contribution to its

employees shall adopt an incentive.



(6) Pension Fund has committed the administrative offence by it for

calculate the value of the bonds held to maturity on your assets

rating, which has not issued a credit rating agency referred to in § 33 para. 5.



(7) for the administrative offence under paragraphs 1 and 6 are fined up to 20 000

EUR and for the administrative offence referred to in paragraphs 2 to 5 of the penalty to 5 000 000

CZK.



§ 43c



Common provisions



(1) a legal person for an administrative offence is not liable if he proves that

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

a legal obligation is prevented.



(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the

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

the circumstances under which it was committed. The amount of the fine imposed on pension

the Fund, part of the profit will be reduced, which is to be distributed under section 35 on the basis of

the decision of the general meeting.



(3) in determining the value of the thing referred to in § 43a paragraph. 1, is based on the prices,

the thing that was bought or sold, at the time and place of the

purchase or sale is selling, and if you cannot follow these steps to value things

to find out, it is reasonably incurred costs of the provision of the same

or similar things.



(4) The liability for the acts, which took place in the business

person or in direct connection with it shall be subject to the provisions of this

the law on liability of legal persons and sanctions.



(5) liability of legal persons for the administrative offence and the offence

natural persons cannot be discussed, if the administrative authority has commenced about him

procedure within 1 year from the date on which it learned, but not later than 5

years from the date on which it was committed.



(6) administrative offences are heard at first instance



and) the Ministry, in the case of administrative offences specified in section 43b para. 2 (a).

(j)), and k),



(b)) or the Department of the Czech National Bank, in the case of administrative offences

referred to in § 43 para. 2 and in section 43b para. 2 (a). and) and in),



(c)), Czech National Bank, in the case of other administrative offences.



(7) from the administrative authorities referred to in paragraph 5 (b). (b)) shall discuss

administrative offence referred to in section 43b para. 2 (a). and the administrative authority)

that initiates the administrative procedure as the first. If the administrative proceedings initiated for

each of these authorities on the same day, an administrative offence shall be discussed by Czech

National Bank.



(8) income from fines is the State budget revenue.



section 43d



cancelled



section 43e



cancelled



§ 44



cancelled



§ 45



cancelled



THE HEAD OF THE TWELFTH



STATE SUPERVISION OVER PROVISION OF STATE CONTRIBUTION



§ 45a



(1) the activities of the Pension Fund and the depositary referred to in this law shall be subject to

State supervision of the Ministry in the scope of the obligations laid down in this

by law, pension fund in connection with the provision and change

State contribution.



(2) in the exercise of State supervision, the Ministry supervises the compliance with the


This Act and the pension scheme and is committed to protecting participants.



(3) in the exercise of State supervision, the Ministry is examining lists of participants

all pension funds to the State's contribution was provided for

each participant only once.



(4) in the exercise of State supervision, the Ministry is obliged to examine whether the

a natural person who is a party, meets the conditions laid down in section 2 of the

paragraph. 1, and whether the supplementary pension insurance nezaniklo the death of the participant. To

the fulfilment of those obligations is the Ministry shall be entitled to require that

Ministry of the Interior in the information system of population register



and) the name or name, last name, social security number, and date of termination

of residence of the participant, if a citizen of the United States,



(b) the name or names), surname, birth number and type of stay

the participant, if the stranger,



(c)) date of death of the participant ^ 13f).



(5) an examination of the data referred to in paragraph 4 (b). a), b) is the Ministry of

entitled to request four times per calendar year, the examination of the information

referred to in paragraph 4 (b). (c)) twice per calendar year. Details

referred to in paragraph 4 provides the Ministry of the Interior on the basis of the request

the Ministry in an electronic format under a special legal regulation

governing the electronic signature or on the technical device for the data.

an examination of the current state of the data in the range referred to in paragraph 4, the

the Ministry shall be entitled to obtain data from the information system records

the population also manner allowing remote access.



(6) in order to verify compliance with the conditions of a natural person to be a party

According to § 2 (2). 2 is the Ministry required to further examine whether the physical

a person is an employee, public health insurance in the Czech Republic. To

the fulfilment of those obligations is the Ministry shall be entitled to request

four times per calendar year examination of the data on the name, or names,

last name, number of the insured person and of the date of termination of participation of the insured person to

public health insurance in the Czech Republic from the register of insured persons,

maintained by the general health insurance company Headquarters the United States according to the

special legal regulation ^ 1ac). The information referred to in this paragraph

provides general health insurance company of the United States on the basis of

the application of the Ministry in an electronic format under a special legal

the rules relating to an electronic signature or a technical device

the data.



(7) in the exercise of State supervision the Ministry examines the entitlement

participant a dose of supplementary pension schemes and on her paycheck and the emergence of

the right to convert the posts including State contribution under section 24.



(8) in the exercise of State supervision department stores to pension fund

or the depositary shall eliminate defects within a specified period and to

informed the Ministry on the implementation of the measures adopted.



(9) the employees of the Ministry are required to maintain the confidentiality of

facts which have learned in the exercise of State supervision;

the provisions of § 7 para. 7 third sentence applies here mutatis mutandis.



(10) in the exercise of State supervision over the Pension Fund and the Ministry

the depositary shall apply mutatis mutandis the provisions of § 42 para. 4 and 5.



section 45b



(1) the Ministry is provided for the performance of State administration in the field of

State supervision of pension funds in the provision of public contribution

supplementary pension schemes from the population register of the bodies

data, reference data, which are



and) surname,



(b) the name or names),



(c)) date of death.



(2) the Ministry is provided for the performance of State administration in the field of

State supervision in the provision of public contribution pension

insurance of agendového information system of population register on

State citizens United States data, which are



and) surname,



(b) the name or names),



(c) the social security number),



(d) the date of the beginning of permanent residence) and the date of their residence on the

the territory of the Czech Republic,



(e)) of the date of death.



(3) the Ministry is provided for the performance of State administration in the field of

State supervision of pension funds in the provision of public contribution

supplementary pension schemes from the information system of the foreigners information

are



and) surname,



(b) the name or names),



(c) the social security number),



(d)) kind of stay,



(e) the date of commencement of the stay and) date of their stay on the territory of the United

Republic,



(f)) of the date of death.



(4) data that are kept as reference data in the principal registry

the population recovered from the agendového information system registration

population or from the information system of foreigners only if they are in the shape of

the previous status quo.



(5) the provisions of § 45 para. 4 and 5 shall apply mutatis mutandis, with the Ministry of

is authorised to request that the Ministry of the Interior has screened the information referred

in paragraphs 1 to 3. Examination of the data referred to in paragraphs 1 to 3

the Ministry shall be entitled to require also the way of electronic transfer

examination of the data of the current state of the data in the range indicated in the

paragraphs 1 to 3 shall be entitled to obtain the information Ministry is also way

allowing remote access.



(6) of the provided data that can be used in a particular case only

such data, which are necessary for the performance of the task.



PART TWO



Provisions common, transitional and final



HEAD FIRST



Common provisions



§ 46



(1) unless otherwise provided for in this Act, applies for a pension

supplementary provisions of the civil code.



(2) unless otherwise provided for in this Act, applies to decisions of the Czech

the National Bank and the Ministry of the provisions of the administrative code ^ 14). On the decomposition of

against the decision of the Czech National Bank, the Bank shall act in the first instance

the Council of the Czech National Bank. Unless it is a decision which has been saved

fine, brought by a decomposition does not have suspensory effect.



(3) in connection with the fulfilment of their tasks under this law are

the Ministry and the Pension Fund is authorised to keep a record, process or

to collect the social security numbers of holders of social security numbers referred to in the Treaty,

or similar identification numbers, if not your social security number

allocated to it.



(4) of the data referred to in paragraph 3 can be used in a particular

If you use only such data as are necessary to meet the

for the task.



(5) the Czech National Bank shall inform the Ministry of their final

the decisions referred to in § 5 para. 1, § 9 para. 3 and § 43 para. 1 (b). (d))

of this Act.



section 46a



The Czech National Bank issues a notice pursuant to § 5 para. 4 and § 7 (2). 8.



THE HEAD OF THE SECOND



Transitional provisions



§ 47



(1) legal entities which have, in your business name or the name of the

the designation "pension fund", shall, within six months from the date of

the effectiveness of this law to mention your business name or the name of the line

with this law (sec. 3 para. 3).



(2) For failure to comply with the obligations referred to in paragraph 1, the Ministry of

impose a fine of up to Czk 1 000 000; a fine may be imposed within three months

the date on which the Ministry learned about the failure to meet this obligation.



THE HEAD OF THE THIRD



Amendment of certain laws



§ 48



cancelled



§ 49



The Czech National Council Act No. 586/1992 Coll., on income taxes, as amended by

the Czech National Council Act No. 35/1993 Coll., Act No. 96/1993 Coll., Act

No 157/1993 Coll., Act No. 196/1993 Coll. and Act No. 323/1993 Coll.,

amended and supplemented as follows:



1. In section 8 paragraph 1. 1, the following point (d)) the following point (e)), including

Note No 9a):



"e) benefits supplementary pension insurance with State contribution ^ 9a) minus the

paid posts and on State contribution to the supplementary pension insurance,



9A) Act No. 42/1994 Coll. on supplementary pension insurance with State

contribution and on changes of some acts related to its

the introduction of. ".



Subparagraph (e)), f) and (g)) shall become letters (f)), g) and (h)).



2. In section 8 paragraph 1. 4 the first sentence, the words "(a). a), b), c), (d), (e))) "

replaced by the words "(a). a) to (f)) ".



3. In § 8 para. 5, the words "(a). f) and (g)) "shall be replaced by" subparagraph (a). (g)), and

(h)) ".



4. In section 8 shall be inserted after paragraph 6 a new paragraph 7, which reads as follows:



"(7) the Benefit of supplementary pension insurance with State contribution ^ 9a)

It considers the tax base for the taxation of the special tax rate after a reduction of

paid posts and on State contributions to the supplementary pension insurance

evenly spaced on the period of receipt of benefits. If the period of receipt of

benefits supplementary pension insurance contract defined, it is found as the difference

between life expectancy ^ 14) and the age of the participant of the pension

in a time when the benefits will begin for the first time receive. ".



5. § 36 odst. 2 (a). (c) in point 2 the words) in brackets "§ 8 para. 1 (b).

(f)) "shall be replaced by the words" § 8 para. 1 (b). e) and (f)) ".



6. § 36 odst. 3 the first sentence, the words "investment funds, ^ 16)"

shall be replaced by "investment funds ^ 16) and for pension funds, ^ 9a)".



9A) Act No. 42/1994 Coll. on supplementary pension insurance with State

contribution and on changes of some acts related to its

the introduction of. ".



7. § 36, the following paragraph 8 is added:



"(8) Arise where revenue referred to in paragraph 2 for the benefit of the pension

the Fund, the tax withheld specific rate for an advance on the tax

the Pension Fund, which will be reallocated as part of tax under section


77 of Act No. 337/1992 Coll., on administration of taxes and fees, as amended by

amended. ".



§ 50



cancelled



§ 51



The Czech National Council Act No. 589/1992 Coll., on social

Security and contribution to the State employment policy, as amended by

the Czech National Council Act No. 10/1993 Coll., Act No. 160/1993 Coll. and

Act No. 308/1993 Coll., shall be supplemented as follows:



In § 5 para. 1 (b). and), the following point 9, including notes, no. 40)

added:



"9. the amount which the employer pays the pension funds of his

Fund to the pension insurance with State contribution ^ 40) of their

employees,



40) section 27 para. 5 of Act No. 42/1994 Coll. on supplementary pension insurance with

State contribution and on amendments to certain acts relating to his

the introduction of. ".



§ 52



The Czech National Council Act No. 592/1992 Coll., on premiums for General

health insurance, as amended by Act of the Czech National Council No. 10/1993 Coll.

the Czech National Council Act No. 15/1993 Coll., Act No. 166/1993 Coll. and

Act No. 333/1993 Coll., shall be supplemented as follows:



In section 3, paragraph 3. 1 the following letter i) including notes no. 5a):



"i) the amount that the employer pays the pension funds of his

Fund to the pension insurance with State contribution ^ 5a) of their

employees.



5A) section 27 para. 5 of Act No. 42/1994 Coll. on supplementary pension insurance with

State contribution and on amendments to certain acts relating to his

the introduction of. ".



§ 53



cancelled



§ 54



Act No. 455/1991 Coll., on trades (Trade Act),

as amended by Act No. 600/1992 Coll., shall be supplemented as follows:



In section 3, paragraph 3. 2, after the words "insurance companies, ^ 13)" the words "pension

^ 48 funds) ". Note No 48):



"48) Act No. 42/1994 Coll. on supplementary pension insurance with State

contribution and on changes of some acts related to its

the introduction of. ".



CHAPTER FOUR



The effectiveness of the



section 55



This Act shall take effect on the date of publication.



Uhde v.r.



Havel v.r.



Klaus v.r.



Selected provisions of the novel



Article II of the Act No. 36/2004 Sb.



Transitional provisions



1. the location and storage of funds is a pension fund shall, within

6 months from the date of entry into force of this law brought into line with section 33

and 34 of Act No. 42/1994 Coll. on supplementary pension insurance with State

contribution and on changes of some acts related to its introduction,

as amended by this Act.



2. the proposed amendments to the pension plans and the statutes of which shall be carried out in

as a result of the amendments referred to in article I of this Act is the Pension Fund

shall, within 2 months from the date of entry into force of this Act, submit to the

the approval of the Ministry of Finance (hereinafter referred to as "the Ministry"). If

Ministry within 6 months from the date of entry into force of this Act, from

reason on the part of the Pension Fund, does not approve the changes to the pension plan and

of the Statute, the expiry of the validity of the provisions of the

pension plan and of the Statute, which are contrary to the provisions of article

And this Act.



3. The amendments referred to in article I of this law shall apply only to contracts

supplementary pension insurance pension insurance between the participant and the

Pension Fund concluded after approval of the changes to the pension scheme

the Ministry after the effective date of this Act.



Article. XII of Act No. 57/2006 Sb.



Transitional provisions



1. the scope of the Ministry under the laws and other

legislation relating to pension funds, shall be transferred on the date of acquisition

the effectiveness of this Act on the Czech National Bank. This does not apply in the case of

things in the scope of the Ministry pursuant to Act No. 42/1994 Coll., on pension

insurance with State contribution and on changes of some acts

related to its introduction, in the version in force from the date of acquisition

the effectiveness of this Act.



2. the staff of the Ministry of the classification to work in your organization

the Office of the Department of supervision of insurance and supplementary pension insurance

to the effective date of this Act, become employees of the Czech

the National Bank. The rights and obligations of the employment relationships of these

employees are switching from the Department of the Czech National Bank.

The provisions of the first and the second sentence shall not apply to an employee

the State Department, who on the date of entry into force of this Act shall exercise

State supervision in the area of State aid to a supplementary pension in accordance with

Act No. 42/1994 Coll. on supplementary pension insurance with State contribution and

about changes to certain laws related to its introduction, as amended by

effective from the date of entry into force of this Act.



3. the right of management of the property owned by the United States with

the exception of real estate, which were on the date of entry into force of this

the law Ministry and the competent stewardship that is required for the performance of

the Czech National Bank supervision pursuant to Act No. 42/1994 Coll., on pension

insurance with State contribution and on changes of some acts

related to its introduction, in the version in force from the date of acquisition

the effectiveness of this law, shall expire on the date of entry into force of this Act.

This property becomes the effective date of this Act, the property of the

The Czech National Bank and the obligations associated with this property are becoming

the effective date of this Act, the obligations of the Czech National Bank.

Information system "of the State supervision of pension funds", operated by the

the Ministry under a special legal regulation, are the property of the United

National Bank on the date of entry into force of this Act.

The details of the agreement between the Czech National Bank and the Ministry.



4. the decision in administrative proceedings, issued by the Ministry or by the Commission before the

the effective date of this Act, unless it is a matter within the scope of

the Ministry pursuant to Act No. 42/1994 Coll. on supplementary pension insurance with

State contribution and on amendments to certain acts relating to his

the introduction, in the version in force from the date of entry into force of this Act,

be construed as a decision issued by the Czech National Bank and the rights and

obligations arising from these decisions are not affected. If

such a decision was fined, that has not been paid,

When you select and recovery proceed pursuant to Act No. 42/1994 Coll.

on supplementary pension insurance with State contribution and on changes of some

laws related to its introduction, in the version in force from the date of acquisition

the effectiveness of this Act. If the decision of the Ministry or the Commission

before the effective date of this Act repealed and the case returned for reconsideration,

It is appropriate the Czech National Bank, which shall act in accordance with

the existing legislation.



5. the list of pension funds led by the Ministry according to the existing legal

editing leads from the date of entry into force of this Act, the Czech National Bank.



6. The management led by the Ministry or by the Commission and initiated prior to the date of acquisition

the effectiveness of this law will complete the current Czech National Bank

of the legislation. This does not apply in the case of things within the competence of the Ministry of

pursuant to Act No. 42/1994 Coll. on supplementary pension insurance with State

contribution and on changes of some acts related to its introduction,

in the version in force from the date of entry into force of this Act. If it is in

proceedings referred to in the first or second sentence, fined, when selecting and

the recovery will proceed under Act No. 42/1994 Coll., on pension

insurance with State contribution and on changes of some acts

related to its introduction, in the version in force from the date of acquisition

the effectiveness of this Act.



7. If before the date of entry into force of this Act, the decision

the Ministry or the Commission against which it was filed, shall decide on the

the Bank Board of the Czech National Bank pursuant to the existing legislation. It

does not apply with respect to the case in the scope of the Ministry under Act No.

42/1994 Coll. on supplementary pension insurance with State contribution and changes

Some laws related to its introduction, in the version in force from

the effective date of this Act. If the Board such

the decision be revoked and the thing returns to reconsideration, it is to this new

discussion of relevant Czech National Bank, which shall act in accordance with

the existing legislation. Management and recovery in the examination procedure concerning the

These decisions shall be decided by the date of entry into force of this Act

The Czech National Bank according to the existing legislation.



8. the date of entry into force of this Act shall become the Czech National Bank

instead of the Ministry or a State party to the proceedings, in which he performs

as a participant in the Ministry in connection with the exercise of State supervision over

the provision of supplementary pension schemes, and the management, in which the Ministry of

finances in connection with the exercise of State supervision over the operation of

supplementary pension acts for the State. Financial commitments on

the basis of such proceedings incurred by the Czech National Bank, will pay the State. It

also applies to commitments that the Czech National Bank will arise as a result of

proceedings instituted following the effectiveness of this Act and relating to the

activities of the Ministry in accordance with the existing legislation. This does not apply if

about things in the scope of the Ministry pursuant to Act No. 42/1994 Coll., on

supplementary pension insurance with State contribution and on changes of some


laws related to its introduction, in the version in force from the date of acquisition

the effectiveness of this Act.



9. On the date of entry into force of this Act shall terminate immediately the power of attorney granted by the

by the Department or by the Commission in connection with the exercise of State supervision over

the provision of supplementary pension schemes, unless it is a matter within the scope of

the Ministry pursuant to Act No. 42/1994 Coll. on supplementary pension insurance with

State contribution and on amendments to certain acts relating to his

the introduction, in the version in force from the date of entry into force of this Act.



10. the obligation of professional secrecy pursuant to existing persons legislation

This Act is not affected.



11. the periods that began running before the date of entry into force of this Act

According to the existing legislation, are not affected by this Act.



Article. XII of Act No. 306/2008 Sb.



Transitional provision



If the pension plans approved before 1. January 2010 for disability

Board as a condition of entitlement granting full disability pension, the

from the 1. January 1, 2010 for the granting of full disability pension award

disability pension for disability of the third degree.



Article. XIV of the Act No. 229/2009 Sb.



Transitional provisions



1. Pension Fund may charge a fee pursuant to § 24 para. 4 for contracts

entered into before the effective date of this Act, only if the

claim under § 23 para. 1 (b). and) or according to § 24 para. 1 after

the effective date of this Act and if it is within 5 years from the date of

conclusion of the contract.



2. The provisions of § 33 para. 5 of Act No. 42/1994 Coll., on pension

insurance with State contribution, in the version in force from the date of acquisition

the effectiveness of this law shall apply to the financial period started 1. January

2009 and later.



Article. XIV of the Act No. 160/2010 Sb.



Transitional provision



A pension fund shall ensure the fulfilment of the obligations provided for in § 33 para. 5

Act No. 42/1994 Coll. on supplementary pension insurance with State contribution and

about changes to certain laws related to its introduction, as amended by

effective from the date of entry into force of this Act, not later than 7.

December 2010. In the meantime, it shall proceed in accordance with § 33 para. 5 of law No.

42/1994 Coll. on supplementary pension insurance with State contribution and changes

Some laws related to its introduction, in the version in force in

the effective date of this Act.



Article. XIII of law No. 199/2010 Sb.



Transitional provision



Proceedings in cases where the scope of the financial authorities moved into the customs

authorities started before financial authorities to the date of entry into force of this

the law, the financial authorities will complete.



Article. XII of Act No 420/2007 Sb.



Transitional provisions



1. the authorization granted by the Czech National Bank in accordance with the existing laws,

legislation is deemed to be an authorisation granted under Act No. 42/1994 Coll.

in the version in force from the date of entry into force of this Act.



2. the proceedings initiated before the date of entry into force of this Act and to

on this day the executor completes and the rights and obligations

related are assessed according to the existing legislation.



Article. VI of Act No 99/Sb.



Transitional provision



Legal relations arising from the pension insurance contracts concluded

before the date of entry into force of this Act shall be governed by existing laws,

regulations.



1) part two title I of part I and in the commercial code.



1A) Act No. 553/1991 Coll., on the Czech General health insurance company

Republic, as amended by Act No. 586/1992 Coll., Act No. 10/1993 Coll.

Act No. 60/1995 Coll., Act No. 145/1996 Coll., Act No. 48/1997 Coll.,

Act No. 305/1997 Coll., Act No. 93/1998 Coll. and Act No. 125/1998 Coll.



Act No. 280/1992 Coll., on departmental, industry, corporate, and other

health insurance undertakings, as amended by Act No. 10/1993 Coll., Act No.

15/1993 Coll., Act No. 60/1995 Coll., Act No. 145/1996 Coll., Act No.

48/1997 Coll., Act No. 93/1998 Coll. and Act No. 125/1998 Coll.



1AA) section 158 of the commercial code.



1AB) Act No. 133/2000 Coll., on registration of the population and the birth numbers and

amendments to certain laws (law on population register), as amended

regulations.



1ac) section 27 of Act No. 586/1992 Coll., on premiums for general health

insurance, as amended.



1B) joining the commercial code.



1 c) Law No 185/1991 Coll., on insurance, as amended by Act No.

320/1993 Coll., Act No. 60/1995 Coll. and Act No. 152/1995 Coll.



3) § 4 and 5 of law no 189/2004 Coll., on collective investment.



3A) sections 14 to 19 of Act No. 189/2004 Sb.



4) Act No. 256/2004 Coll., on the capital market.



6) section 116 of the civil code.



7) Law No. 189/2004 Sb.



8) Act No. 37/2004 Coll., on insurance contracts and amending related

laws (law on insurance contracts).



8A) § 156 para. 2 of the commercial code.



8B) Decree No. 310/1995 Coll., on the Fund for cultural and social needs,

as amended by Decree No. 167/1997.



8 d) Act No. 367/2000 Coll., on public administration and information systems of the

amendments to certain other laws, as amended by Act No. 517/2002 Sb.



9) Act No. 337/1992 Coll., on administration of taxes and fees, as amended

regulations.



9A) § 78 of Act No. 189/2004 Sb.



11A) Act No. 21/1992 Coll., on banks, as amended by Act No. 265/1992 Coll.,

Act No. 293/1993 Coll., Act No. 154/1994 Coll., Act No. 83/1995 Coll.

Law No. 84/1995 Coll., Act No. 61/1996 Coll., Act No. 306/1997 Coll.

Act No. 16/1998 Coll., Act No. 128/1998 Coll. and Act No. 166/1998 Coll.



11 c) Decree No. 270/2004 Coll. on the method of determination of the fair value of

assets and liabilities of the Fund, collective investment schemes and on how to establish

the current value of the stock or mutual fund of collective

investing.



11 d) European Parliament and Council Regulation (EC) No 1060/2009 of 16 January 1996.

September 2009 on credit rating agencies.



12A) § 67 and 217 of the commercial code.



12B) § 15 para. 12 Act No. 586/1992 Coll., on income taxes, as amended by

Act No. 167/1999 Coll.



13) Act No. 563/1991 Coll., on accounting, as amended.



13A) Act No. 256/1992 Coll., on the protection of personal data in information

systems.



13ab) section 8 of Act No. 133/2000 Coll.



13B) § 16 to 18 of law No. 15/1998 Coll., on the Securities and Exchange Commission and the

amendments to other laws.



13 c) Act No. 200/1990 Coll. on offences, as amended

regulations.



13D) § 4 paragraph 2. 15 of Act No. 337/1992 Coll., on administration of taxes and fees, in the

as amended.



13F) civil code.



13F) section 8 of Act No. 133/2000 Coll., on registration of population and social security numbers

and amending certain laws (law on population register).



14) Act No. 500/2004 Coll., the administrative code.



15) § 55 para. 3 of Act No. 256/2004 Coll., on capital

market, as amended by Act No. 230/2008 Coll. and Act No. 188/2011 Sb.