Implementing The Law On Pension Insurance

Original Language Title: , kterou se provádí zákon o důchodovém pojištění

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=43337&nr=284~2F1995~20Sb.&ft=txt

284/1995 Sb.



DECREE



The Ministry of labour and Social Affairs



of 17 May. November 1995,



implementing the law on pension insurance



157/1997: Sb.



302/1997: Sb.



40/2000: Sb.



328/2007: Sb.



359/2009: Sb.



The Ministry of labour and Social Affairs shall lay down pursuant to § 108 paragraph. 1 of the law

No. 155/1995 Coll., on pension insurance (hereinafter referred to as the "Act"):



§ 1



cancelled



§ 2



cancelled



§ 3



Gainful activity abroad



(1) the gainful activity abroad to participate in the pension insurance

[article 6, paragraph 1 (b), (c)) of the Act] shall mean



and employment in the employment relationship) exercised for employers that

(place of residence) has its head office in a foreign country, if this job does not constitute participation in the

health insurance in the Czech Republic,



b) membership in the cooperative, which is based in a foreign country, associated with the work

such cooperative activities, if this activity does not constitute participation in the

health insurance in the Czech Republic,



(c)) the performance of self-employment in a foreign country by foreign legal

rules and on the basis of the registration, notification or authorisation in accordance with these

regulations, if it is needed by them; for the performance of the self-employed

activities abroad, however, does not consider, if such activity is carried out

outside the territory of the Czech Republic on the basis of the authorization to pursue such

activities resulting from the legislation of the Czech Republic.



(2) income from gainful employment abroad "^ 1") shall be converted into the Czech

currency according to the exchange rate declared by the Czech National Bank ^ 2)

applicable on the first day of the period for which this income. For

foreign currency translation, for which the Czech National Bank issues the competent

the course, with the rate of this currency typically used by banks in the Czech

Republic at the date mentioned in the first sentence.



section 3a



The discovery of the annual calculation basis for periods before 1996



(1) falls to the vesting period for the determination of personal assessment

basis (section 18 of the Act) of a calendar year before 1996 in which the

the same time get gross earnings, as determined for the purposes of

pension scheme under the rules in force on 31 December 2005. December

1995 (hereinafter referred to as "gross earnings") and excluded period (section 4, paragraph 4, sentence

the first Act), the sum of the bases of an insured person for this

calendar year (article 16, paragraph 2, of the Act) for the purposes of determining the annual

the calculation basis



and) taking into account this gross earnings and in the determination of the personal

the calculation basis is in this case the number of excluded time

shall not include those excluded time for this calendar year, in which it was

reached the gross earnings, or



(b)), without taking account of the gross earnings, and in the determination of personal

the calculation basis is in this case the number of excluded time

include all excluded time for this calendar year if exclude

the time in which it was reached, this gross earnings, lasted throughout the

calendar year and detected by the sum of the bases of the insured person is

greater than the sum of the bases established pursuant to point (a) of the insured person

and).



(2) For the purpose of establishing a higher total bases the insured's

calendar year, the amount of the sum insured shall be calculated bases

referred to in paragraph 1 (b). and as the product of the number of days) in a calendar year, and

the proportion of the total gross earnings achieved in the calendar year and the number of days

in the calendar year minus those excluded period in which have not been

achieved gross earnings, and pursuant to paragraph 1 (b). (b)) as the product of the number of

days in a calendar year and the proportion of the total gross earnings achieved in the

calendar year, less the gross earnings achieved in the excluded

times and the number of calendar days in that year, less excluded

of the times.



(3) if there is more than one time in the calendar year referred to in sections

paragraph 1 shall carry out the calculations the total bases of the insured person

for the calendar year referred to in paragraph 2, taking into account only the sum of these

sections.



§ 4



Education of the child



(1) by the time child care needed to meet the conditions for the education of the child

entitled Women on the old-age pension (article 32, paragraph 4, of the Act) is counted whether or not

the period during which the woman was unable to personally care for the child for the disease or

Therefore, that the child was due to health reasons in institutional care.



(2) the condition of child-raising for women to claim old-age pension (section 32

paragraph. 4 of the law) shall be deemed to also, if a woman who had taken care of

minor child



and from his birth to) his death if the child died after reaching six

months of age, or



(b)), at least the last three years before reaching the age required by law

for entitlement to a retirement pension.



§ 5



cancelled



§ 6



cancelled



§ 7



cancelled



§ 8



cancelled



§ 9



Regulation (EEC)



Section is repealed from 1 to 8, 10 to 13, § 14 para. 1 to 3 of section 15 to 30, § 33, §

35 to 39, § 42, § 46 to 49, 52 to 54, § § 56 to 58, § 148 paragraph. 2, §

149, 153, § 167 to 171, § 175 to 184 and annexes 2 and 3

The Federal Ministry of labour and Social Affairs No. 149/1988 Coll.

implementing the Social Security Act, as amended by Decree No.

123/1990 Coll., Decree No. 260/1990 Coll., Decree No. 501/1990 Coll.

Act No. 306/1991 Coll., Act No. 463/1991 Coll., Act of the Czech national

Council No. 582/1991 Coll., Act No. 235/1992 Coll., Decree No. 30/1993 Coll.

Decree No. 82/1993 Coll., Decree No. 177/1993 Coll., Decree No. 309/1993

Coll., Decree No. 161/1994 Coll. and Decree No. 207/1995 Coll.



§ 10



The effectiveness of the



This Decree shall enter into force on 1 January 2000. January 1996.



Minister:



Ing. Lotion in r.



Č. 1



cancelled



Č. 2



cancelled



Č. 3



cancelled



Č. 4



cancelled



1) section 116a of paragraph 1. 1 of the law No. 582/1991 Coll. on the Organization and implementation of

social security, as amended by Act No. 134/1997 Coll.



2) section 35 of Act No. 6/1993 Coll., on the Czech National Bank.