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.
