Changes In Connection With The Adoption Of The Act On Pension Insurance

Original Language Title: Změny v souvislosti s přijetím zákona o důchodovém pojištění

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=43091&nr=160~2F1995~20Sb.&ft=txt

160/1995 Sb.



LAW



of 30 March 2004. June 1995,



amending and supplementing certain laws in connection with the adoption of the

Act on pension insurance



Change: 48/1997 Coll.



Change: 133/1997.



Change: 225/1999 Coll.



Change: 360/1999 Coll.



Change: 218/2000 Sb.



Change: 436/2004 Sb.



Change: 362/2003 Coll., 112/2006 Sb.



Change: 189/2006 Sb.



Change: 329/2011 Sb.



Parliament has passed the following Act of the United States:



Article. (I)



cancelled



Article II



Amendment of the Act of the Czech National Council No. 582/1991 Coll., on the organisation and

the implementation of social security, as amended



The law of the Czech National Council No. 582/1991 Coll., on the Organization and implementation of

social security, as amended by Act of the Czech National Council No. 586/1992

Coll., Act of the Czech National Council No. 37/1993 Coll., Act No. 160/1993 Coll.

Act No. 308/1993 Coll., Act No. 241/1994 Coll. and Act No. 118/1995

Coll., shall be amended and supplemented as follows:



1. In paragraph 1, after the words "sickness insurance" shall be inserted after the words: "

, pension insurance ".



2. section 2 (a). (b)) including notes no. 2) and 4) reads as follows: "(b)) pension

insurance ^ 2) and increased income for impotence due under the law on

social security. ^ 4)



2) Act No 155/1995 Coll., on pension insurance.



4) section 70 of Act No. 100/1988 Coll. on social security, as amended by

Act No. 160/1995 Coll. ".



3. in article 4, paragraph 4 shall be deleted and in paragraph 6 (1). 4 (b). a) deleted

item 12.



4. In paragraph 5 (b). and point 1 is deleted) the words "or in the law on social

Security ".



5. In article 6 (1). 4 (b). and point 10), after the words "the law" this

the words: "(section)" and the words "are deleted and cooperating persons".



6. section 6 (1). 4 (b). and section 11 including notes) # 52) reads as follows: ' 11. about the time of the

and extent of the care of a man, of a child under the age of four years, custody of the child under the age of

18 years of age, if it is seriously disabled, requiring long term

exceptional care, and care for carers personally close mainly or

helpless person or a close partially incapacitated person older than 80

years, ^ 52)



52) § 5 para. 1 (b). r)), para. 3 the second sentence and paragraph. 4 of law No.

155/1995 Coll. ".



7. In paragraph 6 (1). 4 (b). ch), the words "the study law abroad"

replaced by including a note No 53) "voluntarily participating

pension insurance, ^ 53)



53) paragraph 6 of Act No. 155/1995 Coll. ".



8. section 6 (1). 4 (b). n) is:



"n) give prior written consent



1. the recognition of incapacity for work for a period longer than three days prior to the

the date of discovery of the treating physician,



2. the recognition of incapacity for work for a period longer than three days prior to the

the date on which the attending doctor found serious reasons, for which the citizen of the

a medical treatment on the day specified by the treating physician,



3. recognition of incapacity for work, the same doctor who

acknowledged and confirmed the previous duration of incapacity for work completed

by decision of the District Social Security Administration with the same citizen for

the same or a similar disease, with the exception of acute flares of the same disease,

within a period of seven days after the termination of the previous sick leave

by decision of the District Social Security Administration,



4. to enable the changes to stay for longer than three days treating

doctor work but under ineffectual citizen, unless the case referred to in paragraph 5 (b).

f),".



9. in section 6 (1). 4 (b). in the words "are deleted) and cooperating

people ".



10. In § 8 para. 2 (a). (c)) at the end of attached these words: "or

at the initiative of the employment office; the District Social Security Administration is required to

inform the authority which took the initiative for the implementation of medical

tours of the result ".



11. In § 8 para. 5 deleted). Subparagraph (b)), and (c))

known as a) and (b)).



12. In section 8 paragraph 1. 5 (b). (b)), the words "nápravně educational Institute,

where appropriate, the Institute for remand "is replaced by" prison, where appropriate,

the remand prison ("prison") ".



13. section 8, the following paragraph 10 is added:



"(10) in the assessment of permanent disability and partial disability pursuant to

paragraph 1, the doctors of the district social security administrations based on

from the medical reports and the reports drawn up by the specialists of the

health of citizens. ".



14. in section 8a of the paragraph. 2 the third sentence: "the Call to citizen under consideration

check his assessment of temporary incapacity is obliged to its

the attending physician; the summons must be made in writing or by any other

provable way. ".



15. in section 8a of the paragraph. 3 at the end of this sentence: "the attached attending physician

is required to seek the prior written consent of the district

the social security administration in the cases referred to in § 6 (1). 4 (b).

n).".



16. in section 9 are deleted in paragraph 2 (a). (b)) section 5 and paragraph 6.



17. in section 10, paragraph 1. 2 the words "the obligations laid down by the law on him

social security "shall be replaced by the words" the obligation (§ 118

paragraph. 4) ".



18. in paragraph 11 of the present text shall become paragraph 1 and the following

a new paragraph 2 is added:



"(2) the competent authorities responsible for the registers are required in writing

communicate to the Czech social security administration data on deaths in Prague

those over 15 years of age and the information about the change of name and surname of the citizens

born before 1. in January 1969, and within two weeks from the date of the entry into the

the relevant Registrar. ".



19. in § 14 para. 3, in subparagraphs (a) (b)), and (c) the words "and are deleted)

cooperating persons "and in point (d) deleted)

"cooperating people and".



20. in § 14 para. 3 (b). g), the words "unless the details of the secret" are replaced by

the words "with the exception of data relating to individual persons".



21. in section 17(2). 5 the second sentence, the words "three calendar months"

replaced by the words "six months".



22. section 18 including notes no 54):



"section 18



(1) sickness insurance



and employees in an employment relationship) is performed by the Organization to which they are in

employment relationship,



(b)) team members who are not in employment relationship to the cooperative,

but they perform for the cooperative work, for which they are rewarded by him,

This team carries out,



(c) the shareholders and managers of a company) with limited liability and limited partners

limited partnership, who are not in employment relationship to this

the company, but they perform for her work, for which this

the company rewarded the company performs,



(d) the law on the basis of staff) contracts for work performed

an organization that has entered into this agreement with the employee,



(e) judges of the Court performs) to which the judge is assigned to the performance of functions,



(f) the members of the municipal councils), which are paid as

long term members of the municipal councils released, performed by the authority,

that is dealing with the personal affairs of the municipality, the employees



g) members of the Chamber of Deputies and Senators of the Senate performs

the relevant Office of the legislature,



h) members of the Government performs the authority which pays the salary of the members of the Government,



ch) President, Vice-President and members of the Supreme Audit Office

performed by the Supreme Audit Office,



I) Director of the security information service this service,



j) voluntary workers care services performed by a legal person,

that these workers be paid remuneration for the performance of nursing services,



k) foster parents, who have been in foster care in special

devices, performs a District Office, which shall be paid remuneration for foster parents

foster care,



l) people enrolled for the regular performance of work in the enforcement of a sentence involving deprivation of

freedom or in custody be carried out of the prison,



m) to persons with altered working ability training for work

the application performs the authority which shall be paid by these persons during the period

preparation for the job,



n) students and pupils shall be carried out by the authorities that carry out sick

insurance of employees of the school to which the student or pupil studying; When it comes to

about students and pupils who are Czech citizens and are posted to the study

study abroad or by the competent authority or other

legal person, carries out health insurance this authority or this

legal person, and if the student or pupil abroad

has not been posted by that body or any other legal person performs

sickness insurance, the appropriate District Social Security Administration,



o) internal scientific aspirants ^ 54) is an organization that deals with

personal belongings of the aspiranta; with regard to the internal scientific aspiranta posted

to stipendijnímu stay abroad, performs his sickness insurance

the Organization, which sent him to the stipendijnímu residence.



(2) the health insurance of employees is carried out in the Organization, even if

the staff were seconded to work outside of the Organization, or the exercise

work for illness or for another reason, if this Act does not provide for

otherwise.



(3) organization also provides health insurance benefits to its former

employees, if they are still entitled to make a claim on them in

the Organization, and their family members.



54) section 59 of law No. 54/1956 Coll., on sickness insurance of employees in

amended by Act No. 160/1995 Coll. ".



23. in section 22 (a). (g)), the word "pension" is replaced by "old age, full of


disability or partial disability pension and "and the words" and

What kind of pension is receiving ".



24. In paragraph 35, the words "article 11" shall be inserted after the words: "paragraph. 1. "



25. under the third head of the second before section 36 shall be inserted a new section 35a

including the title reads as follows:



"section 35a



The obligation of the Organization to keep records and report for the purposes of

pension insurance



(1) for the purposes of pension insurance shall mean a legal entity or

a natural person who employs another person or to which they are

natural person in a relationship that involves participation in pension insurance.



(2) the Organization shall be required to keep the necessary records of the facts

decisive for the entitlement to benefits for pension insurance, their amount and

payment and submit them to the competent social security authorities.



(3) changes in the facts decisive for the duration of entitlement to benefit, its

the amount and the payment of the Organization are obliged to report in writing, if not specified

otherwise, within eight days. On the challenge of social security institutions are

organizations are required to submit reports and to submit the records within the time specified

that authority, and if the time limit is not specified, within eight days of receipt of the request. ".



26. § 36 including the title reads as follows:



"§ 36



The jurisdiction of the Organization to carry out tasks in the implementation of the pension

insurance



Tasks in the pension insurance plays in



and employees in employment) an employer to whom the employee is

in employment,



(b)) of persons in service, the competent services in which such persons are held

the service,



(c)) of the members of cooperatives, who are not in employment relationship to the cooperative,

but they perform for the cooperative work, for which they are rewarded by this

the cooperative,



(d) the shareholders and managers of a company) with limited liability and limited partners

limited partnership, who are not in employment relationship to this

the company, but they perform for her work, for which this

the company rewarded the company,



e) self-employed persons, appropriate district administration

social security,



f) employees on the basis of operating contracts for work

an organization that has entered into this agreement with the employee,



g) judges, the Court to which the judge is assigned to the performance of functions,



(h) the members of the municipal councils), which are paid as

long term members of the municipal councils, laid-back authority that

deals with personal belongings of employees of the municipality,



ch) members of the Chamber of Deputies and Senators of the Senate of the appropriate

Office of the legislature,



I) President of the Republic Office of the President of the Republic,



j) members of the Government authority that members of the Government shall pay the salary,



k) President, Vice-President and members of the Supreme Audit Office

The Supreme Audit Office,



l) the Director of the security information service this service,



m) voluntary workers caring services, the legal entity that

shall be paid remuneration for the performance of nursing services,



n) foster parents, who have been in foster care in special

devices, the District Office which pays the foster pay for performance

foster care,



about) people enrolled for the regular performance of work in the enforcement of a sentence involving deprivation of

freedom or in the custody of the prison,



p) people that are constantly preparing for the future of the profession by studying the

medium or high school in the Czech Republic, this school



q) persons registered in the records of the employment office as a job seekers, the Office

work,



r) to persons with altered working ability training for work

the application of the Organization, for which the preparation is carried out or training

Centre (equipment) for the citizens with altered working ability, in which

This person is preparing for a career change



with) people taking place civilian service, the competent authority which issued the

mobilization order for the commencement of civil service,



t) persons receiving health insurance benefits (care) replacement

loss of income after the end of employment, where the sickness

insurance (care), from which benefits are paid, the organization or

the District Social Security Administration that such benefits are payable,



people voluntarily taking part in) the pension insurance ^ 53) the appropriate

the District Social Security Administration. ".



27. in § 37 para. 1 (b). (c)) shall be deleted, the word "employment" and

end connect the following words: "which constitutes participation in the retirement

insurance ".



28. § 37 para. 1 (b). d) to (f)), including notes no. 55):



"(d)), the assessment basis for the establishment of social security

for the appropriate period determined by a special Act, ^ 55)



e) calendar of time the citizen receiving sickness

insurance replacement income from gainful employment,



(f)) in the performance of military service in the army of the United States, if it is not a

professional soldiers and the soldiers in the next service, and enforcement of the civil service,



55) paragraph 6 of Act No. 589/1992 Coll., as amended by Act No. 241/1994 Coll.

Act No. 160/1995 Coll. ".



29. in § 37 para. 1 (b). g), the words "pension, a kind of retirement and who

be paid, if the pension was modified as the only source of income, whether or not this

the entry "shall be replaced by" old-age, disability or partial disability, full

pension and who paid it. "



30. In § 37 para. 2 (a). and), after the words "(occupational disease)"

the following words: ", which pays off".



31. in § 37 para. 2 (a). (b)), after the words "the miners" the following words are inserted:

"that is paid before 1996,".



32. In article 37, paragraph 5 shall be deleted.



The present paragraph 6 becomes paragraph 5.



33. In § 37 para. 5, in the first sentence the words "Emit (cooperating

the person) "and the words" working abroad "shall be replaced by the words" on a voluntary basis

a sympathetic pension insurance "and in the second sentence, the words" working in the

a foreign country "shall be replaced by" voluntarily participating pension insurance ".



34. In § 37 para. 5 at the end of this sentence, including the notes attached no.

56):



"The District Social Security Administration sends the payer income confirmation

the amount of the assessment base for the determination of premiums to the pension

insurance and contribution to the State employment policy for the calendar

the year that immediately precedes the year a pension to a person

self-employed. ^ 56)



56) § 11 (1) 3 (b). (b)) and § 16 para. 6 Act No 155/1995 Coll. ".



35. section 38, including the title reads as follows:



"§ 38



Registration sheets of pension insurance



(1) the Organization and bodies performing the tasks in the pension insurance pursuant to section 36

(a). a) to (d)), f) up to), and r) to t) are obliged to keep records sheet

pension insurance (hereinafter referred to as "personal") all the time, after

the insurance takes, with the exception of working recipients of old-age

the pension. Registration sheet is based on the citizen participation in the emergence of

pension insurance.



(2) the registration shall be entered in the worksheet for each calendar year after the accounting

statements (statements of wage sheets), but not later than 30 June 2003. April

the following calendar year,



and) duration of pension insurance,



(b) the assessment base for insurance) on social security and the contribution of the

the State employment policy,



c) periods, when the personal assessment base.



(3) the authorities of the work of performing tasks in the pension insurance pursuant to section 36 (e). q)

are required to keep records sheet after the time that the citizen is kept in

records of the employment office as a job-seeker; in an accounting worksheet

be entered instead of the information referred to in paragraph 2, the amount of time that candidates for

employment security, and the substantive areas of the length of time that this material

Security nenáleželo.



(4) the records shall be maintained on sheets forms issued by the authorities of the social

Security. ".



36. In article 39, paragraph 2, the following paragraph 3 is added:



"(3) the authority shall submit the accounting work sheet the United social

security through District Social Security Administration

seat of the Labour Office within eight days after the end of the leadership of the citizen

in the records of the employment office as a job applicant. ".



Paragraphs 3 to 7 shall become paragraphs 4 to 8.



37. In § 39 para. 7 the second sentence shall be deleted.



38. In article 40, paragraph 1, the word "employment" shall be replaced by

"insurance" and in paragraph 2, the words "are deleted in paragraph 21 and 26 of the law on

social security ".



39. In paragraph 41, paragraph 2 shall be deleted and the following new paragraph 1, which

including note No. 57):



"(1) the Organization has the obligation to report, if it enters into employment

the recipient of an old-age, invalidity or partial invalidity of a full

pension; in the case of those receiving old-age pensions, the Organization has

This obligation only in cases where the person entitled to a retirement pension under the

regulations on pension insurance does not meet the conditions for the payment of this

in the exercise of gainful employment income. ^ 57) organization is also required to

report, that the recipient of a retirement pension in the calendar month

income from gainful employment, in which payment of the pension in accordance with

Act on pension insurance do not belong. ^ 57)



57)



§ 37 para. 1 (b). and) No. 1 and para. 2 Act No 155/1995 Coll.



§ 4 and § 6 (a). (b) the CSFR) Government Regulation No 557/1990 Coll., on special


the provision of old-age pension to certain miners, as amended by Act No.

578/1991 Coll. ".



The present paragraph 1 shall become paragraph 2.



40. In § 41 para. 2 are deleted the words ", where appropriate, whether the pension was

modified due to a single source of income ".



41. section 43 reads as follows:



"§ 43



Lead registration sheets in prison a person in prison

and in custody for a period of time when these persons are the pension retirement

insurance. For record keeping and reporting of persons covered

in the first sentence shall apply mutatis mutandis the provisions of § 37 para. 1, § 38 and 41. ".



42. section 44 and 47, including heading are deleted.



43. section 48 including notes no. 37) and 38):



"§ 48



(1) a self-employed person is required to notify the competent

the District Social Security Administration day



and) start (restart) self-employment or

cooperation in the performance of self-employed activity (hereinafter referred to as

"self-employment") with an indication of the date from which it is entitled to

to perform this activity; a self-employed person, which

works in self-employment, ^ 37) is at the same time

also required to notify the name and surname, residence and social security number of the person

self-employed, with which it cooperates,



(b)) their self-employment; in their separate

gainful employment shall interrupt this activity for the day

the conditions referred to in section 10, paragraph 1. 5 (b). and the second sentence of the law) on pension

insurance,



(c) permission to carry out) a self-employed person



(d)), from which it was suspended the performance of self-employment.



(2) a self-employed person who works in the performance

self-employment, ^ 37) is required to notify the competent district

Social Security Administration, also the day of the death of self

active, with which it cooperates on self-employment, and

whether it continues in trades ^ 38) or not.



(3) a self-employed person, that only works when

self-employment, ^ 37) the matters referred to in

paragraph 1 (b). (c)), and (d)).



(4) in the opening day of self-employment referred to in § 9 para. 3

(a). (d)), and (f)) of the Act on pension insurance shall be the date from which the

a self-employed person according to his declaration, began a

activities to carry out systematically; date of the end of this activity is considered

date from which the self-employed person referred to in their statement

She stopped to carry out this activity systematically.



(5) the obligations referred to in paragraphs 1 to 3 is a self

employed person obliged to fulfil, not later than the eighth day of the calendar

the month following the month in which the occurrence of the event that

obliging.



(6) a self-employed person who, within the time limit referred to in

paragraph 5, signed up to participate in the pension insurance, not notified

the fact referred to in paragraph 1 (b). and).



§ 9 para 37). 2 (a). (b)) Act No 155/1995 Coll.



38) section 13 of Act No. 455/1991 Coll., on trades

(Trade Act) ".".



44. in paragraph 48, the following new section 48a up to 48 c, including notes no. 39)

up to 41) and 58) to 60):



"§ 48a



(1) a self-employed person can log on to the appropriate

the District Social Security Administration to participate in the pension insurance

in the calendar year at any time in its course, and in the following

calendar year for the previous calendar year at the latest on the day on

which is served by a special Act 39) ^ income and

expenditure for the calendar year for which the participation of the logs.



(2) a self-employed person who as a result of additional changes to the

data on the amount of income from self-employment or expenditure

incurred to achieve them, ensuring and maintaining ^ 40) did not meet the

conditions of participation in the pension insurance in the calendar year specified in

§ 10 para. 1 and 2 of the Act on pension insurance, may log on

the District Social Security Administration to participate in the pension

insurance this year, ^ 41) on the day on which the tender referred to in

such a law, an overview of the data on the amount of additional revenue or

expenditure for the year. ^ 40)



(3) after the expiry of the periods referred to in paragraphs 1 and 2 for the filing of the application

to participate in the pension insurance, you cannot submit this application.



§ 48b



(1) the notification obligation provided for in § 48 para. 1 (b). and person)

self-employed in the prescribed form. The notification

the obligation laid down in § 48 para. 1 (b). (b)) (a) to (d)). 2 carries out the person

self-employed in written form.



(2) the application to participate in the pension insurance (§ 48a) and to participate in the

health insurance ^ 58)-give the prescribed forms.



(3) Odhláška of participation in the pension insurance ^ 59) and from participation in the

health insurance ^ 60) must be in writing.



section 48 c



The provisions of § 49, § 50 para. 1, § 51 and 53 applies to self-employed persons

employed by analogy.



Article 15, paragraph 39). 1 of the law No. 589/1992 Coll., as amended by Act No.

160/1995 Sb.



Article 15, paragraph 40). 2 of the Act No. 589/1992 Coll., as amended by Act No.

160/1995 Sb.



41) section 10 (1). 3 of Act No. 155/1995 Coll.



58) § 145b para. 2 of the Act No. 100/1988 Coll. as amended by Act No. 160/1995

SB.



59) § 10 para. 5 (b). e) of Act No. 155/1995 Coll.



60) § 145b para. 3 (b). and) Act No. 100/1988 Coll. as amended by Act No.

160/1995 Coll. ".



45. In § 51 para. 2 the words "security" shall be replaced by

"this insurance".



46. section 52 reads as follows:



"§ 52



(1) applications for voluntary participation in the pension insurance pursuant to § 6

Act on pension insurance and the application to participate in the pension

insurance in cases referred to in § 5 para. 3 the second sentence and paragraph. 4

Act on pension insurance shall be made on the prescribed forms.



(2) a citizen voluntarily loyal pension insurance may be filed at any time

odhlášku of participation in the Pension Insurance Act; participation in the pension

insurance expires on the date specified in the odhlášce, but not earlier than on the date on

which the citizen participate unsubscribed from this. Loyal citizen

pension insurance pursuant to section 6 (1). 1 of the Act on pension insurance

is obliged to submit a odhlášku of participation in the Pension Insurance Act, ceased to

be subject to the conditions for this participation, within eight days. Deregistration must

be in writing ".



47. section 53, the following paragraphs 3 and 4 are added:



"(3) the recipient of a partial disability pension is required to submit the

payers of income within the time limits overview of income pursuant to section 47

Act on pension insurance in the prescribed forms.



(4) failure to comply with the obligations referred to in paragraphs 1 and 2 may be

the payment of a pension from the pension insurance is stopped, if the recipient

levy was in the call to this effect is notified; failure to comply with

the obligations referred to in paragraph 3 may be a partial payment

the invalidity pension is stopped, always. ".



48. In § 54 para. 1, in the first sentence the words "and in § 48 para. 1 to 7 "

replaced by the words "in paragraph 48 and 48b" and the second sentence is deleted.



49. In § 54 para. 2, after the words "in article 11" shall be inserted after the words: "paragraph.

1. "



50. in § 54 para. 3, after the words "set out in" the following words are inserted: "§

paragraph 8A. 2 sentence third, ".



51. In § 54 para. 4, the words "44 and 83 of this Act and section 108 of the Act

No. 100/1988 Coll. on social security, as amended by Act No.

582/1991 Coll., "shall be replaced by" and 83 ".



52. In § 54 para. 5 the second sentence after the word "organization" shall be inserted after the

the words: "(small organization)".



53. § 58 para. 2 is added:



"(2) the jurisdiction of the District Social Security Administration shall be governed by

the place of service of the Organization, which is headed by the payroll records, or

the seat of the small organizations, if you decide on dosages employees and their

of the family; If it is a small organization is a natural person, the

the jurisdiction of the District Social Security Administration place of residence

residence of a natural person. ".



54. In § 61 para. 1, point (a), the words "the appropriate nápravně)

educational institution "are replaced by the words" the competent prison ", and in subparagraph (b))

are deleted, the words "and cooperating persons".



55. In section 74 para. 2 (a). and the words "are deleted) or cooperating

the person "and the words" or a person "for cooperating.



56. In article 81 paragraph 1. 1, after the words "proceedings" is inserted after the word "Declaration".



57. In section 82 para. 2 (a). a) and (d)), the words "employer is different

citizen or organisation who do not "shall be replaced by

"the employer does not do".



58. § 82 para. 2 (a). (b)), and (c)):



"(b)) team members, who are not in employment relationship to the cooperative,

but they perform for the cooperative work, for which they are rewarded for it

This cooperative,



(c) citizens referred to in §) 36 (a). (d)), f), (g)), i) to o) and r) to t) in

the organization competent under section 36 to perform the tasks in the implementation of the pension

insurance ".



59. In section 82 para. 5 at the end of attached these words: "in the

the place of permanent residence ".




60. section 82 para. 7 read as follows:



"(7) the application for benefit, pension to which entitlement during

imprisonment or custody, serves the citizen through

prison. ".



61. In § 83 para. 1 the second sentence shall be deleted.



62. In paragraph 84, the word "notary" shall be replaced by "officially".



63. In section 85 is deleted in the title of "work and spare time",

in subparagraph (a)), after the words "competent" is inserted after the word "military" and in

subparagraph (e)), after the words "unemployment benefits" the words "before 1. January

1996 ".



64. In paragraph 85, the existing text shall become paragraph 1 and the following

a new paragraph 2 is added:



"(2) the period of custody set out in section 6 (1). 4 (b). and section 11 of the show)

by decision of the District Social Security Administration of the time and the scope of this

care. Proceedings under the preceding sentence shall be served on the

the prescribed form; This proposal can be submitted after the first

referred to care, but not before the application has been made to participate in the

pension insurance pursuant to § 5 para. 3 the second sentence and paragraph. 4 of the law on

Pension Insurance Act, not later than two years from the end of this

care. Against the decision of the Czech social security administration on the appeal

against the decision of the District Social Security Administration referred to in

the first sentence can be appealed to the regional court. ".



65. In § 86 para. 1 are deleted the words "referred to in section 7 (b). a) and b)

the law on social security. "



66. § 86 para. 2 is added:



"(2) the written decision is issued, in the case of mass increase

paid pension insurance benefits; in these cases, you will receive

citizen of the written notice of the increase of these benefits. ".



67. In § 88 para. 1 and 3 are deleted the words "(a). and) ".



68. section 89, including the title and notes no. 61):



"§ 89



Appeals against decisions in matters of pension insurance



(1) the decision of the Czech social security administration in matters of

pension insurance can be appealed, if in this

the Act does not provide otherwise. An appeal against this decision

Court. ^ 61)



(2) the appeal is not admissible against the decision, which is

the basis for the decision on a pension from the pension insurance; Court

will examine such a decision only when making a decision on the appeal

against the decision of the Czech Social Security Administration about retirement.



(3) if the applicant does not have a General Court in the Czech Republic is competent to

the decision of the appeal court within whose jurisdiction the seat of the Czech

the social security administration, which issued the decision.



(4) if so requested by a party to proceedings before the expiry of the time limit for appeal

a resource for communication of data for calculating the pension, begins to run new

the time limit for appeal from the date on which it was a party of these

documents delivered.



(5) an appeal against a decision on the reduction or withdrawal of the pension

or stop its payment does not have suspensory effect.



(6) until the Court decides, the Czech social security administration

issue a new decision establishing the appeal meet.



(7) the provisions of the preceding paragraphs shall apply mutatis mutandis to the correction

against decisions to increase income for impotence.



61) § 246 and 250 l civil procedure. ".



69. section 90 (a). (b)):



"(b)) challenges pursuant to § 53 para. 1, 2, and 4. ".



70. in section 93 para. 1 the words "are deleted or sickness

^ 25) security (hereinafter referred to as the "regulations on sickness insurance") ", and

footnote 25).



71. In § 94 paragraph. 1, the words ' six months ' are inserted after the words

including note No. 62): ", including compensation the previous work

the inability of that will be included in the support period for the purposes of

^ sickness, 62)



Article 15, paragraph 62). 4 of the law No. 54/1956 Coll., as amended. ".



72. In § 94 paragraph. 3 is deleted letter a) and in (b)), the words

"nápravně educational Institute, or Institute for remand"

shall be replaced by the word "prison".



73. In § 100 para. 2 the words "the express" is replaced by "to the basic

fare ".



74. In § 100 para. 4 the second sentence with the following words at the end of connect including

Comment # 26): "for the compensation for the use of motor vehicles

working the go. ^ 26)



26) Act No. 119/1992 Coll., on travel compensation, as amended by Act No.

44/1994 Coll. ".



75. In paragraph 104, the following sentence at the end connects: "against the decision

refunds issued in appeal proceedings cannot appeal to the

Court. ".



76. In section 104b paragraph. 2 (a). (b) the words "are deleted) and the cooperating

the person ".



77. § 104f, the following paragraph 3, including note No. 64):



"(3) an appeal against a decision to cancel the authorisation of payments

premiums and penalties ^ 64) does not have suspensory effect.



64) section 20a of Act No. 589/1992 Coll., as amended by Act No. 241/1994 Coll.

Act No. 160/1995 Sb.



78. In section 108 at the end of joining this phrase: "the provisions of the preceding sentence

applies mutatis mutandis to the procedure for fines to be imposed pursuant to § 121 paragraph 2. 2 and

§ 122a of paragraph 1. 2. ".



79. In paragraph 109, at the end of this sentence: "connects the district administration of social

Security with jurisdiction at first instance in disputes

the emergence of participation in pension insurance. ".



80. in paragraph 110 of paragraph 1. 1 the second sentence at the end of connecting these words: "or

the police of the Czech Republic competent according to the place of permanent

stay authorized, which accepts applications for benefits referred to in the first sentence ".



81. section 110, the following paragraphs 4 and 5 are added:



"(4) departments and the authorities which are competent in accordance with paragraphs 1 to 3 are

required to write an application for the benefit of the pension insurance; may not refuse to

the drafting of the application, even when they have considered that the citizen does not meet the conditions

laid down for entitlement to a pension benefit, or if the request is not

citizen accompanied by the necessary documents. The request shall provide the forms

issued by the authorities referred to in § 9 para. 1.



(5) the citizens who served in the old-age pension, full disability

or partial disability with the authorities referred to in paragraphs 1 to 3, and at the time of

the submission of this application are not in service, shall attach to the application for

This income confirmation of the organisation to which they are in a relationship, which is based

participation in the Pension Insurance Act, the duration of the relationship, the date of its

the end of and about whether they paid sick leave from sickness

insurance; organisation shall, at the request of a citizen, to issue this certificate.

The provisions of the preceding sentence shall apply mutatis mutandis to the management of social district

security, if the citizen of the self-employed activity. ".



82. In § 111 paragraph. 1 deleted part of the sentence after the semicolon.



83. § 111 paragraph. 5 is added:



"(5) against the decision of the appellate body on appeal may give rise

resource. An appeal against this decision, decides

Court; ^ 61) § 89 applies here mutatis mutandis. ";"



84. In paragraph 112, the words ' the provisions of § 89 paragraph 1. 1 and 2 and section 108 does not apply "

replaced by the words "shall apply mutatis mutandis the provisions of title the second and fifth, with

the exception of § 82, 83, 108 and 109.



85. In section 115 are deleted, the words "or at výsluhu.



86. In paragraph 117 of the second sentence is deleted "and way of payment".



87. section 118, the following paragraphs 3 and 4 are added:



"(3) the municipality shall designate a specific recipient with his consent, in cases

When the payment of the benefits to date recipients apparently has not reached the end,

you want the batch to serve, or if this were harmed the interests of the people,

that is a pensioner shall maintain, or if it is not true,

or his legal representative, the payment received. The consent of the creditor,

or its legal representative, with the provision of a specific recipient

requires only if the claimant or his legal representative,

cannot receive payment; This does not apply if the creditor or its

the legal representative, due to their health condition may not be submitted

comments on the provisions of a specific recipient.



(4) the legal representative and the specific recipient are required to use the dose

only in favour of the authorized person is entitled shall be obliged to

to nourish. A special recipient designated beneficiary who is unable to

to receive payment, uses the dose according to the instructions of the authorised. ".



88. in paragraph 118, the following new section 118a to 118, including headings and

Notes No. 65) and 66):



"The responsibility of the pension insurance beneficiaries and organizations



section 118a



(1) if the pension was paid out unfairly or in a higher amount than the

He belonged, because the recipient has not met any income he saved

obligation, or part of the pension, as he had to the circumstances

assume that wrongly was paid or in a higher amount than the

He belonged, or otherwise knowingly caused the pension or portion thereof has been

paid wrongly or in a higher amount than the payer's income has belonged to

against the beneficiary of the pension are entitled to a refund or reimbursement of incorrectly

the amounts paid.



(2) If a citizen was paid a pension and have not yet

conditions laid down by the law on pension insurance for the payment of

This pension, ^ 65) the payer of the pension in respect of that citizen entitled to

refund of the paid amounts of the retirement pension that nenáležely.




(3) entitlement to the refund, where applicable, the refund of amounts paid unduly

or at a higher level than secondary, the expiration of three years from the date of

social security institution found this fact, but not later than

the expiry of 10 years from the date of payment of benefits. The time limit referred to in the previous

the sentence does for appeal proceedings, enforcement of judgments,

or if they are on the reimbursement of the overpayment deducted from income or from

wages or paid by instalments on the basis of the agreement on the recognition of the debt.



(4) the Citizen, who must, on the basis of a final decision

the competent social security body, the dose may be back

the overpayment of income or srážen of wages, salary or other employment

income; in doing so, shall apply mutatis mutandis the provisions on the enforcement of judicial decisions

deduction from wages.



(5) the provisions of the preceding paragraphs shall apply mutatis mutandis to increase income

for impotence.



section 118b



If the Organization did not report or did not record any

or manner or in a timely manner or filed reports, submitted by the

record or data certified organisations were incorrect, and as a result

the pension was granted wrongly or in a higher area than belonged,

is required to replace the wrongly paid amounts.



§ 118c



If the Organization and the recipient of a pension, the pension was

paid out wrongly or in a higher amount than belonged, correspond to the authority

social security for the refund of overpaid income jointly and

severally liable. Organization and the recipient of income shall be settled in accordance with each other

degree of fault. Disputes about the netting between the organisation and the beneficiary

retirement decisions the courts. ^ 66)



section 118 d



To pay the costs



The social security institutions are not entitled to reimbursement of costs incurred

in the management of pension insurance including the proceedings before the Court.



65) section 37 of Act No. 155/1995 Coll.



66) § 9 para. 2 (a). d) code of civil procedure. ".



89. In section 119 paragraph 1 the following paragraph 2 is added:



"(2) in cases where the self-employed person has no place

permanent residence in the territory of the Czech Republic, the territorial jurisdiction of the district

the social security administration manages the place of self-employed

activity; If several jobs self-employment, it is

locally appropriate District Social Security Administration, in which the circumference of the

According to a statement the self-employed outweighs the performance

self-employment. ".



The former paragraph 2 becomes paragraph 3.



90. section 120:



"§ 120



(1) the payment of the retirement pension is stopped, if the amount of the anticipated

gross earnings or the amount of the monthly assessment base for backup on the

the premium to the pension insurance and contribution to State policy

employment at least the amount by which the payment of the pension

According to the Act on pension insurance do not belong. ^ 57)



(2) If, after the termination of the right to a widow's pension as a result of the conclusion of the new

the marriage was the widow still paid some of the pension payments,

such repayments shall be treated with the amount that belongs to the widow, pursuant to § 50 para.

5 of the Act on pension insurance. ".



91. In paragraph 120a at the end connects this sentence: "It shall apply mutatis mutandis,

If the application to participate in the pension insurance or odhláška of

This participation and the application to participate in the health insurance or odhláška

from this involvement, or if it is to be another legal act made within the time limit

established by this Act. ".



92. In section 120b is replaced with a comma at the end of dot and connect this

the words: "and to self-employed persons who receive sick pay from the

sickness insurance for self-employed persons. ".



93. the following section is inserted after section 120b 120 c, which including notes no. 67):



"§ 120 c



Who is considered as a self-employed person, what is meant by

performance of self-employment and cooperation in the performance of

self-employment, lays down the law on pension

insurance. ^ 67)



67) section 9 of Act No 155/1995 Coll. ".



94. In paragraph 121, the existing text shall become paragraph 1 and the following

a new paragraph 2 is added:



"(2) the persons referred to in paragraph 1, that the breach of an obligation of confidentiality

referred to in paragraph 1, can impose a fine of up to $ 50,000. About fine

is decided by the authority with which the negotiations took place. ".



95. In § 122a of paragraph 1. 2 delete the third sentence.



96. section 123a including note No. 68):



"section 123a



(1) if the debt on the insurance and finance charges on your aggregate shall not exceed

100 Czk



and) 31. December of the calendar year in the case of an organization or a small

Organization, or



(b)) on the day of an overview of income and expenditure under the Special

^ 68) of the Act, in the case of a self-employed person,

write off the debt owed by such competent authority, to the social

Security.



(2) if the premium payments made by checking the appropriate

the District Social Security Administration for the organization or small

the organization is detected error on premiums and penalties not exceeding in its

the aggregate of the amount of $ 100, the outstanding premiums and penalties is if not prescribed.



Article 15, paragraph 68). 1 and 2 of Act No. 589/1992 Coll., as amended by Act No.

160/1995 Coll. ".



97. the following section is inserted after section 123a 123b, which including the title reads as follows:



"§ 123 k



Computation of time



(1) a period expressed in days starts on the day following the event,

that is crucial for its origin.



(2) the last day of a period expressed in weeks, months or years shall fall on the

the day having the same name or number as the day on which

It seems the event from which the period starts. If there is no such day in the month

the last day of the period falls on the last day of the month.



(3) if the last day falls in the period on Saturday, Sunday or public holiday, the

on the last day of the period closest to the following working day. ".



98. section 125:



"§ 125



Provisions of this Act relating to benefits for pension insurance paid

mutatis mutandis to increase income for impotence from the pension

Security. 4) ".



99. section 126 including note No. 69):



"§ 126



Tasks in the Pension Insurance Act performs for internal scientific aspirants ^ 69)

authorities, which cater to pension insurance of their stuff

staff and students; with regard to the internal scientific aspiranta

posted to stipendijnímu stay abroad, shall perform the following tasks

The Ministry of education, youth and sports.



69) section 102 of the Act No 155/1995 Coll. ".



100. All provisions of the Act, the words "retirement security"

replaced by the words "pension insurance", the word "disability" shall be replaced by

the words "full disability", the words "invalidity pension" are replaced by the words

"full disability pension" and the word "disability" shall be replaced by the words "fully

invalid ".



101. Notes No. 3), 7, 12)), 15), 24) and 27) are deleted.



Article. (III)



Amendment of the Act of the Czech National Council No. 589/1992 Coll., on

social security contributions to the State employment policy, in

as amended



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.

Act No. 308/1993 Coll., Act No. 42/1994 Coll., Act No. 241/1994 Coll.

Act No. 58/1995 Coll., Act No. 118/1995 Coll. and Act No. 152/1995 Coll.

shall be amended and supplemented as follows:



1. In section 2, at the end of this sentence: "connects the premium to the pension

insurance leads in a separate account in the State budget and the law on

the State budget is shown as a separate item of revenue of the State

budget. ".



2. section 3 (2). 1 (b). (c)) item 1:



"1. the staff in the employment relationship; for employees in employment

for the purposes of this Act, the person shall be deemed to also operates in a proportion that has

the contents of the employment, but employment did not arise, because they were not

met all the conditions laid down by labour law for its

the emergence of ".



3. In article 3, paragraph 3. 1. (a). c) point 2 is deleted. Points 3 to 5 shall

renumbered 2 to 4.



4. In article 3, paragraph 3. 1 (b). (c) point 4), the following point 5 is added:



"5. the judges".



5. § 3 (1). 1 (b). c) points 6 to 8 are added:



"6. the members of the Chamber of Deputies and Senators of the Senate,



7. the members of the municipal councils if they are paid

as a long term members of the municipal councils, the released



8. members of the Government, the President, Vice-President and members of the Supreme

the inspection authority and the Director of the security intelligence service, ".



6. section 3 (2). 1 (b). c) point 11 is added:



"11. the persons included to review regularly the performance of the work in the prison sentence

liberty or held in custody ".



7. in section 3, paragraph 3. 1 (b). (c)) at the end of attached these words: "(a).

2. "



8. section 3 (2). 2 and 3, including notes no. 2) and 51 to 53)) are added:



"(2) self-employed persons are required to pay premiums on a

pension insurance and contribution to the State employment policy, if

are the pension insurance scheme according to the rules on pension

insurance, ^ 2), and in terms of this Act whether or not the backup on

the premium to the pension insurance and contribution to State policy


employment; self-employed persons are required to pay

premiums on health insurance, if they are an oral health

insurance under the social security legislation. ^ 51) Who is considered to be

for a self-employed person, the law on pension

insurance. ^ 52)



(3) the person voluntarily participating pension insurance ^ 53) are for the period

voluntary participation in the pension insurance are required to pay premiums on a

pension insurance.



2) Act No 155/1995 Coll., on pension insurance.



51) section 145a et seq.. Act No. 100/1988 Coll. on social security, in

amended by Act No. 308/1993 Coll., Act No. 241/1994 Coll. and Act No.

160/1995 Sb.



52) section 9 of Act No 155/1995 Coll.



53) paragraph 6 of Act No. 155/1995 Coll. ".



9. the Above paragraph 5, the following title is added: "assessment base". Under the heading

§ 5 shall be deleted.



10. in section 5 are deleted in paragraph 1 (c)) to (e)) and paragraph 3 to

5.



11. in paragraph 5, the following new paragraph 5a to 5 c, which including notes # 54) up to

61):



"§ 5a



(1) the assessment base for the self-employed insurance

the pension insurance and contribution to the State employment policy is

the amount you designate, but not less than 35% of the income from a separate

gainful employment after deduction of the costs incurred to achieve it,

ensure and maintain. Income from self-employment and expenses

incurred to achieve them, ensuring and maintaining, for the purposes of this

the law shall be considered by a special Act; ^ 54) for receiving of separate

employment for the purposes of this Act, the person shall be deemed to also receive

self-employed self-employed performance achieved

activities, even if this income for the purposes of the income tax of physical persons

considered income from employment ^ 55) or other income. ^ 56) for

self-employed persons, which will be charged in the double-entry system

accounting, ^ 57) Companion public company and general partner

a limited partnership shall, for the purposes of this Act for the receipt of

self-employment after deduction of the costs incurred in its

achieving and sustaining, safeguarding the income tax base is considered ^ 58) from this

activity.



(2) the assessment basis for self-employed persons for

pension insurance and contribution to the State employment policy is

at least three times the amount to which they are counted fully a part of the personal

the calculation basis for the determination of the calculation basis for the assessment of

income from pension insurance ^ 59) (hereinafter referred to as "unlimited amount for

calculation of the pension "), which applies to the 1. January of the calendar year for which the

pension insurance premiums are paid. The assessment base pursuant to

the previous sentence shall be reduced by an amount equal to one quarter of unlimited amounts

for the calculation of the pension referred to in the previous sentence for each calendar month

in the period in which did not last for an entire calendar month of participation in the

pension insurance of self-employed persons or all

the calendar month of self-employed were entitled to

sick of sickness insurance of self-employed persons,

where appropriate, the materialization of such sick leave, engaged in the armed services

strengths (civilian service), or have received maternity benefit

(financial assistance) from sickness insurance self-employed

Active; the calendar for the purposes of part of the sentence before the semicolon

It is understood that part of that self-employed person

It exercised a self-employed person if the performance of this activity

did not last for an entire calendar month. For the beneficiaries of the retirement or full

the invalidity pension is for the purposes of this Act, the time of receipt

the sickness of the sickness insurance of self-employed persons

It also means the duration of the incapacity after the support period for

provision of health insurance rules.

The chargeable amount may not exceed $ 486, 000; This amount is reduced by the

amount $ 40 500 for each calendar month as referred to in the second sentence.



(3) the assessment base for the self-employed insurance

sickness insurance is defined as the amount of the monthly assessment

the Foundation pursuant to § 14 para. 2, 4 and 5.



section 5b



(1) the person voluntarily sympathetic assessment base for pension insurance

for the determination of the amount of the premiums to the pension insurance is the amount you

determined by them, but at least a month unlimited amount for the calculation of the pension

valid to 1. January of the calendar year in which the pension insurance

the insurance applies.



(2) for the purposes of the Act on pension insurance for the assessment basis for the

the determination of the annual calculation basis ^ 60) considers the assessment base

referred to in paragraph 1 and adjusted by multiplying it by the coefficient

laid down as a proportion of general assessment base ^ 61)

calendar year for which the premium to the pension insurance, and

general assessment base ^ 61) for the calendar year in which the

the premium paid on pension insurance, but not more than for the calendar

the year that two years preceding the calendar year in which the date falls within the

which is granted a pension; However, if the calendar year for which

pension insurance premiums, preceded by a maximum of two years

the calendar year in which the day falls, from which the pension is granted,

It is considered the assessment base for the purposes of the Act on pension

insurance assessment basis referred to in paragraph 1.



§ 5 c



Fundamentals of assessment pursuant to § 5-5b shall be rounded off to the nearest Crown

upwards.



54) § 7 para. 1 and 2 and § 24 para. 1 and 2 of Act No. 586/1992 Coll., on

as amended.



55) paragraph 6 of Act No. 586/1992 Coll., as amended.



56) § 10 para. 1 (b). and) Act No. 586/1992 Coll.



57) § 23 para. 2 of the Act No. 586/1992 Coll., as amended by Act No.

259/1994 Coll.



Act No. 563/1991 Coll., on accounting, as amended by Act No. 116/1994 Coll.



58) Eg. § 7 para. 4 and 5 and § 23 paragraph 1. 2 of the Act No. 586/1992 Coll., on

amended by Act No. 259/1994 Coll.



59) § 3 and § 107 para. 2 Act No 155/1995 Coll.



60) § 16 para. 2 and 3 of Act No. 155/1995 Coll.



61) § 17 para. 2 Act No 155/1995 Coll. ".



12. in section 6 (1). 2 are deleted, the words "and for cooperating persons".



13. in section 7 (2). 1 (b). (c) the words "are deleted) and cooperating

people ".



14. section 7 (1). 1 (b). (d)):



"(d)) for persons participating pension insurance on a voluntary basis 26% pension

insurance. ".



15. section 7 (1). 2 is added:



"(2) for the determination of premiums to the pension insurance, which pays the person

the participatory pension insurance on a voluntary basis for the period prior to the

the calendar year in which this insurance applies, the rate of

the insurance is valid for 1. January of the calendar year in which the insurance

the pension insurance shall apply. ".



16. in article 7, paragraph 3 is deleted.



Paragraph 4 becomes paragraph 3.



17. in § 8 para. 1 in the second sentence the words "cleared him in the context of

with the performance of the employment "shall be replaced by the words" to him, to enter in "and at the end of

connects this sentence: "in the calendar month in which the employee has

eligible income from it, but you can't knock the insurance on the ground that

This revenue is not in cash form, collide or small organization

Organization of insurance income in cash form of cleared employees in

the next few months. ".



18. in § 9 para. 2 connect the end of the sentence: "If the organisation

the day, which is intended for the payment of wages and salaries, by day

later, it is required to notify the Czech administration of social

the security of this change no later than one day before the original date of payment

wages and salaries; If the organization fails to comply with this obligation, it shall be deemed that the

change the date specified in the Organization for the payment of wages and salaries.

In the case of premiums withheld employees under section 8 (2). 1 third sentence is

This premium that is payable within the time limits specified in the first sentence up to fourth in the

calendar month following the month in which the

employees posted income from premiums deducted. ".



19. in section 10, at the end of this sentence: "connects the provisions of § 9 para. 2

the fourth and fifth sentence applies here mutatis mutandis. ";"



20. In paragraph 11, in the first sentence the words "the competent nápravně the educational

the Institute "shall be replaced by" the prison "and other words in the sentence

"Nápravně educational Institute" and "must" are replaced by the words "Jail" and

"required".



21. § 12 para. 2 is added:



"(2) the death of a self-employed person, the premiums payable on the

pension insurance and contribution to the State employment policy

to pay the person who asserts a claim to a pension from the pension insurance

because of the death of the self-employed; This applies to

the due premiums to the pension insurance, the death of a person on a voluntary basis

the participatory pension insurance. ".



22. in paragraph 13, the words "to pay the premiums for themselves and their cooperating persons


and pay them separately "are replaced by the words" contributions to the pension scheme

insurance and contribution to the national employment policy and the insurance on the

sickness insurance ".



23. The existing text of § 13 shall become paragraph 1 and the following new

paragraph 2, which reads as follows:



"(2) a self-employed person is required to pay under the conditions

under either the pension insurance premiums and contribution to the

State employment policy, or advances on the premiums to pension

insurance and contribution to the State employment policy (hereinafter referred to as

"the advance on premiums") and the surcharge on premiums to the pension insurance and

contribution to the State employment policy (hereinafter referred to as "a supplement to the

the premium ").".



24. under section 13 shall be added to § 13a is inserted:



"§ 13a



(1) a self-employed person is obliged to pay the advance on

insurance



and) per calendar month, in which they signed up to participate in the pension

insurance in the calendar year under section 10, paragraph 1. 3 of the Act on pension

insurance, and for the calendar month following that month;

the obligation to pay advances on the premiums on the basis of this application takes

the last time per calendar month preceding the calendar month, in

which has been or should be given an overview of income and expenditure in accordance with § 15

paragraph. 1 for the calendar year in which the self-employed person

Active signed up to participate in the Pension Insurance Act, or



(b)) per calendar month, in which he was or should be given an overview of the

revenue and expenditure in accordance with § 15 para. 1 for the calendar year in which the

compulsory retirement insurance pursuant to section 10, paragraph 1. 1 and 2

Act on pension insurance, and for the calendar month following the

This month; the obligation to pay the advance on premiums on the basis of this

mandatory participation takes last per calendar month preceding the

the calendar month in which it was or should have been given an overview of the

revenue and expenditure in accordance with § 15 para. 1 for the calendar year following the

the calendar year in which the self-employed person

compulsory retirement insurance pursuant to section 10, paragraph 1. 1 and 2 of the law on

pension insurance.



(2) If a self-employed person signed up to participate in the

pension insurance pursuant to section 10, paragraph 1. 3 of the Act on pension insurance in the

While it is still obliged to pay the advance on premiums referred to in paragraph 1,

advances on the premiums paid on the basis of an application to participate in the pension

insurance referred to in paragraph 1 (b). and) the expiry of the period for which it is

required to pay the advance on premiums referred to in paragraph 1 (b). (b)).



(3) a self-employed person is obliged to pay the advance on

the insurance referred to in the previous paragraphs, the last in a calendar month in

which arose from the facts set out in § 10 (1). 5 the second sentence of the law on

pension insurance.



(4) If a self-employed person who was liable to pay

advances on the premiums referred to in paragraph 1 (b). (b)), ceased to exist in the calendar

in this obligation because the events referred to in § 10 (1).

5 the second sentence of the law on pension insurance, and self

self-employed then this year launched the self-employed

activity, is required to pay the advance on premiums of EUR, as if to

the demise of this obligation did not occur; the obligation to pay the advance on premiums

While in the calendar month in which the self-employed person

Active has launched a self-employed activity.



(5) a self-employed person who has presented himself in accordance with § 10

paragraph. 3 of the Act on pension insurance to participate in pension insurance

for the calendar year up to its expiry and was not required to pay the advance on

premiums for this year referred to in paragraph 1 (b). (b)), you may pay

Once the advance on premiums for this year, and it's up to the Administration overview

of revenue and expenditure in accordance with § 15 para. 1 for the year.



(6) the advance on premiums that were paid without having been given an obligation to

is pay, shall be deemed for the purposes of determining the excess on the insurance on the

pension insurance contributions to the State employment policy (hereinafter referred to

"the excess on the insurance on pension insurance") or a supplement to the

insurance (§ 14 para. 9 and 10) in the advance on premiums, if the person

self-employed did not ask about their return before submitting

referred to in article 15, paragraph 2. 1; When asked for their return, they shall be deemed

for the excess on the insurance on pension insurance. The provisions of the previous

sentence shall not apply to advances on the premiums referred to in paragraph 5. ".



25. section 14 and 14b are inserted:



"section 14



(1) advance on the premium shall be paid to each whole calendar months.

The amount of the advances on the premiums shall be fixed percentage rate referred to in section 7 of the

paragraph. 1 (b). (c)) of the monthly assessment base.



(2) the monthly assessment base for the self-employed

the payment of advances on premiums is the amount you designate. If the person

self-employed self-employed person engaged in

preceding calendar year, the amount of the monthly assessment

the base of at least 35% of the amount equal to the average of income from

self-employment for this year after the deduction of costs

incurred to achieve them, ensure and sustain the falls on the one

calendar month, in which at least part of this month has been exercised

self-employment, that if the amount of such

the lowest monthly assessment base has exceeded the amount of 40 500 Eur,

lowest monthly assessment base amounts to this amount.



(3) the date on which he was or was to be filed under section 15 paragraph overview. 1, with

the advance on premiums in the amount of the corresponding monthly order basis

determined in accordance with paragraphs 2, 4 and 5 shall apply until the date on which it was or should have been

such a survey administered in the next calendar year.



(4) on application to self-employed persons, the competent

the District Social Security Administration be reduced proportionately to the maximum period of three

months, the monthly assessment base, if her income from a separate

gainful employment after deduction of the costs incurred to achieve it,

securing and maintaining the average of one calendar month in

period from 1. January of the calendar year up to the end of the calendar month

preceding the calendar month in which the application was submitted

the reduction, at least in the period of three consecutive calendar months

consecutive, is at least one-third less than the revenue

falling in the preceding calendar year to an average of one

calendar month, in which at least for part of the month has been exercised

self-employed economic activity.



(5) the monthly assessment base determined in accordance with paragraphs 2 and 4 shall not

be less than a quarter of unlimited amounts for the calculation of the pension, which

applies to the first day of the calendar month in which the advance on

the insurance applies. Monthly assessment base is rounded up to whole

Crown upwards.



(6) the monthly assessment base, that self-employed person

established in accordance with this Act and led an advance on him

insurance, you cannot amend.



(7) advances on the premiums are not paid per calendar month, in which all

the calendar month of self-employed were entitled to

sick of sickness insurance of self-employed persons,

where appropriate, the materialization of such sick leave, engaged in the armed services

strengths (civilian service), or have received maternity benefit

(financial assistance) from sickness insurance self-employed

Active; Section 5a paragraph 2. 2 the second part of the sentence after the semicolon applies here mutatis mutandis.

The provisions of the preceding sentence shall not apply to the payment of advances on premiums for

calendar month, in which was established the participation of self-employed persons

on health insurance, if in that month was her working

the inability to (was ordered quarantine).



(8) the outstanding advances on the premiums shall be fixed at an amount corresponding to the minimum

the amount of the monthly assessment base established in accordance with paragraphs 2, 4, and

5.



(9) if the total of the advances on the premiums paid for the applicable period, the higher

than the premium to the pension insurance and contribution to State policy

employment provided for under section 4, or if a person is paid separately

self-employed insurance backup for the calendar year in which it is not

retirement insurance, this is about the excess on the insurance on the

pension insurance.



(10) a supplement to the premium shall be equal to the difference between the amount of

premiums to the pension insurance contributions to the State policy

employment provided for under section 4 and the amount of the advances to insurance

paid for the applicable period.



§ 14a



(1) the advance payment on the insurance is payable from the first day of the calendar month,

that is, the eighth day of the next calendar month.



(2) a self-employed person may, after consultation with the relevant

the District Social Security Administration pay advances on premiums


longer than the monthly period, but only in the future and until the end

of the calendar year.



(3) a supplement to the premium is payable no later than eight days after the date on

which it was, or should be given an overview of income and expenditure in accordance with

§ 15 para. 1 for the calendar year for which the pension insurance

insurance and contribution to the State employment policy applies.



section 14b



(1) a self-employed person is obliged to pay the premium to the

pension insurance and contribution to the State employment policy for

the calendar year in which it was at least part of the year after retirement

insurance pursuant to section 10, paragraph 1. 1 and 2 of the Act on pension insurance and

that was not in accordance with § 13a shall pay the advance on premiums. The insurance on the

pension insurance and contribution to the State employment policy according to the

the previous sentence is a self-employed person is obliged to pay the

not later than eight days after the date on which it was supposed to be administered, as appropriate,

an overview of income and expenditure in accordance with § 15 para. 1 per calendar year, per

that is the premium to the pension insurance and contribution to State policy

employment shall apply.



(2) a self-employed person is obliged to pay the premium to the

pension insurance and contribution to the State employment policy for

calendar year for which she had applied to participate in the pension insurance

According to § 10 para. 3 of the Act on pension insurance only after its expiry and

under section 13a of that paragraph. 1 (b). (b)) was not required to pay the advance on

insurance, or has not paid the advance on premiums under section 13a of the paragraph. 5,

within eight days after the date on which it was supposed to be administered, as appropriate, an overview

of revenue and expenditure in accordance with § 15 para. 1 for the year. ".



26. the following section is inserted after section 14b, 14 c, which reads as follows:



"§ 14 c



(1) a self-employed person who is an employee, the sickness

insurance is required to pay the premiums on health insurance on the

each full calendar month, with the exception of the calendar months,

where there are grounds for which according to § 14 para. 7 does not apply

advances on the premiums (section 13 (2)).



(2) insurance premiums on health insurance is paid together with the backup on

insurance premiums in accordance with § 14a para. 1 and 2; If health insurance was founded in

the period which has already been paid to the advances on the premiums in accordance with § 14a

paragraph. 2, applies to the maturity of the insurance to the sickness insurance § 14a

paragraph. 1. ".



27. sections 15 and 16, including a note No. 62):



"§ 15



(1) a person who, at least for part of the calendar year, has pursued a separate

gainful employment is required to place the competent district administration

social security not later than one month from the date on which the

According to the special law to submit tax returns for this calendar

year, on the prescribed form for an overview of income and expenditure for the

calendar year. In this report, in addition to data on income from

self-employment and the expenditure incurred in their

achieve and maintain a State, providing details of the assessment basis for the

the premium to the pension insurance and contribution to State policy

employment, the lowest monthly assessment base for backup on the

premiums, the total premiums, advances on the premiums to the pension insurance and

contribution to the State employment policy and health insurance

insurance; If the self-employed person engaged

as a self-employed person in the form of cooperation is required to include in the

This overview also the name and surname, residence and social security number of the person

self-employed, with which it cooperates. If the person

employed processes tax returns tax consultant is obliged to

This fact to the appropriate District Social Security Administration provide evidence

30. April of the calendar year in which the obligation to submit a tax

return for the previous calendar year.



(2) If, on the basis of an additional or amending tax return

data on the amount of income from self-employment or expenditure

incurred to achieve them, ensure and maintain that the person

self-employed stated in the list referred to in paragraph 1, the

required to report these changes to the competent district administration social

security at the latest within eight days from the date of such a change

She learned; It uses the form for submission of the report referred to in paragraph

1. this Administration is based on this declaration shall notify the

self-employed person the new level of the lowest monthly

the calculation basis for the determination of advances on premiums and premiums

sickness insurance, the amount of unearned premiums to the pension insurance and

contribution to the State employment policy, the amount of the excess on the insurance

the pension insurance and how to determine the amount of unearned premiums or

the excess on the insurance on pension insurance.



(3) the new amount of the lowest monthly assessment base notified by the person

self-employed pursuant to paragraph 2 shall apply for the establishment of advance payments

the premium (premium on sickness insurance), which are due after

the date on which the amount was a self-employed person in writing

notified if these backups (sickness insurance premiums) have not been

prior to that date have already been paid. The due premiums to the pension insurance and

contribution to the State employment policy is a self

required to pay self-employed within eight days from the day on which it was

the District Social Security Administration the amount notified in writing. For

refund of overpaid premiums to the pension insurance of the merged

by reducing the specified the calculation basis of the reasons mentioned in paragraph 2

apply to section 17 of that form, submitted pursuant to paragraph 2, first sentence

considered a request for refund of overpaid contributions on retirement

insurance.



(4) an indication of the designated assessment basis, which the person

self-employed in the list referred to in paragraph 1 cannot be

subsequently changed with the exception of when this basis must be due to a change

data on income from self-employment or expenditure

incurred to achieve them, ensuring and maintaining either increased to

the amount of the lowest assessment base for insurance to pension

insurance and contribution to the State employment policy, or reduced to

This amount on the grounds that self-employed person at a glance

referred to in paragraph 1 has identified the assessment base for insurance to pension

insurance and contribution to the State employment policy in the amount of

the lowest of the calculation basis.



(5) where a person is self-employed according to the indications referred to in

an overview of income and expenditure referred to in paragraph 1 meet in the calendar

year for which this report was lodged, the conditions of participation in the pension

insurance pursuant to section 10, paragraph 1. 1 and 2 of the Act on pension insurance, and in

as a result of additional changes to the data on the amount of income from self-employment

activity or expenses incurred for their attainment, safeguarding and

keep (paragraph 2) does not meet these conditions, the premiums on

pension insurance and contribution to the State employment policy

paid for this calendar year for overpaid premiums

pension insurance and the form submitted in accordance with paragraph 2 of the first sentence

a request for the refund of the overpayment, if the self-employed person

operating simultaneously with the announcement of additional changes have to

participation in the pension insurance for this calendar year pursuant to § 10 para.

3 of the Act on pension insurance. When a person logs on separately

self-employed according to the previous sentence, to participate in the pension insurance,

at the same time is required to determine a new rate of assessment base pursuant to § 5a

paragraph. 1 and 2, and within eight days from the date of filing of the application to pay the difference to the

the pension insurance premiums and contributions to the State policy

employment, if as a result of the new calculation basis above this

the difference has arisen. Advances on the premiums paid after receiving an overview of

revenue and expenditure referred to in paragraph 1 shall be treated as an overpayment to

premiums to the pension insurance.



(6) where a person is self-employed according to the indications referred to in

an overview of income and expenditure referred to in paragraph 1 do not fulfil in

the calendar year in which this report was lodged, the conditions for participation in the

pension insurance pursuant to section 10, paragraph 1. 1 and 2 of the Act on pension

insurance, and as a result of additional changes to the data on the amount of income from

self-employment or expenses incurred for their

achieve, reinsurance and retention (paragraph 2) meets these conditions, the

paragraphs 2 and 3 apply mutatis mutandis; If a self-employed person for

This calendar year has already signed up to participate in the pension insurance

According to § 10 para. 3 of the Act on pension insurance, and as a result of the newly

specified above, the calculation basis under section 5a paragraph 2. 1 and 2 was the difference

contributions to pension insurance and State policy

employment, it is considered the outstanding premiums just this difference.




(7) the death of a self-employed person before meeting the obligations

referred to in the preceding paragraphs, it may fulfil these obligations

her heir or a natural person who applies for a pension from

pension insurance due to death of the self-employed.

If such persons after-given more reports referred to in paragraph 1 sentence

the first, or under paragraph 2 and unless these persons on the amount

the calculation basis specified under section 5a paragraph 2. 1 and 2, it is

report submitted by the person who filed a tax return for the deceased

self-employed person, ^ 62) and if none of these people

was not required to file a tax return because of the death of the self

employed, it is considered the lowest of the assessment base

bases referred to such persons.



section 16 of the



(1) the person voluntarily participatory pension insurance contributions on

pension insurance for each full calendar month in which the

at least part of a calendar month retirement insurance pursuant to section

6 of the Act on pension insurance.



(2) the premium to the pension insurance for the time specified in § 6 of the law on

pension insurance cannot be paid after the date of filing of the application for

income from pension insurance, for which the claim and the amount of the

time count.



(3) the premium to the pension insurance for the period referred to



and in paragraph 6 of paragraph 1). 1 (b). (c)) of the Act on pension insurance cannot pay

After a period of two consecutive calendar years following the calendar year,

to which falls within the calendar month for which this insurance applies,



(b) in section 6 (1)). 2 of the Act on pension insurance cannot be paid after

expiry of one year from the last day of the calendar month for which

This insurance applies.



(4) if the pension insurance premiums paid after the expiry of the time-limits

referred to in paragraphs 2 and 3, or if this insurance is paid by the person

referred to in section 6 (1). 2 of the Act on pension insurance for a period longer than

for ten years, it is considered an overpayment on the insurance.



(5) the person voluntarily participatory pension insurance premiums levied on

pension insurance on behalf of the district administration of social

Security. When you pay premiums to the pension insurance is a person

voluntary pension insurance shall be bound to indicate the participatory calendar

the month for which this insurance applies.



62) § 40 paragraph 2. 7 of Act No. 337/1992 Coll., as amended

regulations. ".



28. in section 20 (2). 2 and section 20a para. 3 are deleted the words "pension

Security ".



29. in paragraph 20, paragraph 3, the following paragraph 4 is added:



"(4) for the purposes of paragraph 3 shall be considered as insurance premiums payable in the period after

a decision on the authorisation of the insurance payments paid on time and in the

the correct amount, even if it was paid



and in a lower amount), than that should be paid, because of overpayment

the dose of sickness insurance; the condition, however, is that it was in the correct

the above made no later than the day preceding the day on which it became

enforceable payment Bill, 47) fixing the premiums were payable from this

because of the prescribed order, or



b) later than you should be paid, on the ground that was paid on account of the

other than the social security administration, or on an administrator account

taxes, or on behalf of health insurance; the condition, however, is that

these premiums have been paid on behalf of the social

Security no later than eight days after finding that they were paid on the

This other account; the provisions of § 20 para. 6 part of the sentence after the semicolon is true

here as well. ".



Paragraphs 4 to 8 shall be renumbered as paragraphs 5 to 9.



30. In article 20 (2). 5 are deleted the words "not retirement

and security "and at the end of this sentence is attached:" the person voluntarily

the participatory pension insurance does not pay the penalty payment of premiums to the pension

insurance, owed for the period of voluntary participation on this insurance. ".



31. in section 20a para. 1 at the end of this sentence: "connects to the payment of the debtor

premiums and periodic penalty payments in instalments cannot be enabled, if one has been filed against

the payer of its cancellation and liquidation or for a declaration of

bankruptcy or composition proceedings; the submission of this proposal is to

the payer of the insurance premium, which asks permission to instalments, shall in writing

notify the appropriate District Social Security Administration within eight days from the

the date on which this proposal is filed, or of the filing of the proposal

learned. ".



32. In section 20a para. 2 at the end of this sentence: "connects the provisions

paragraph 1 second sentence applies here mutatis mutandis. ";"



33. In section 20a para. 8 at the end of this sentence: "connects the provisions of § 20

paragraph. 4 apply here mutatis mutandis. ";"



34. In paragraph 22 of the paragraph. 1 the words "§ 9 para. 3, the fourth sentence of paragraph 10, section 11 "

replaced by the words "§ 9 para. the fourth sentence and paragraph 2. 3, § 10 sentence fourth and

Fifth, section 11, section 20a para. 1 part of the second sentence after the semicolon ".



35. In paragraph 22 of the paragraph. 2, after the words "in article 15" are inserted after the words: ", section 20a

paragraph. 1 part of the second sentence after the semicolon ".



36. section 22a is inserted:



"§ 22a



(1) if the organisation or a small organization called-up commitment to the district

social security administration or the Czech social security administration,

It is their first payment on the payment of the amounts due, in

the following order:



and) fines,



(b) the surcharge to premiums,)



(c)) the oldest outstanding balances of premiums,



d) common insurance payments,



(e)).



(2) If a self-employed person due an obligation to the district

social security administration or the Czech social security administration,

It is the first to cover the payment of the amounts due, and that in this

order:



and) fines,



(b)) the oldest premium arrears in pension insurance and contribution

the State employment policy,



c) common payments of pension insurance contributions to the State

employment policy,



(d) finance charge of unearned premiums) to pension insurance and contribution to the

State employment policy,



(e)) the oldest outstanding balances of sickness insurance,



f) normal payments of sickness insurance,



(g) finance charge of unearned premiums) on health insurance.



(3) the Payment of premiums or periodic penalty payments paid pursuant to section 20a

cannot be used for payment of amounts due pursuant to paragraphs 1 and 2; This is true even

on the contrary. ".



37. section 23, the following paragraph 4 is added:



"(4) the time limit provided for in this law to submit a prescribed form or

notification is maintained, if the last day of the period performed by the

the competent social security body or if the Administration passed to the

postal carriage. ".



38. In section 23a, the words "30. June "shall be replaced by ' 31. July ".



39. the following section is inserted after section 23a, 23b, which reads as follows:



"section 23b



As a self-employed person for the purposes of this Act, the also

cooperation in the performance of self-employment, if according to the law

on income taxes, as a result of this collaboration to distribute income

obtained from self-employment and the expenditure incurred in their

achieve and maintain, providing between multiple people. ".



40. In paragraph 25, before the present paragraph shall be inserted after paragraph 1, which

including notes no. 63):



"(1) the provisions of sections 2 to 24, shall apply to professional soldiers and soldiers in

additional service ^ 63) with the following deviations:



and) where under these provisions shall be exercised by the scope of the Czech administration

social security, by the competent authorities of the Ministry of

Defense,



(b)) where there is in these provisions is talking about the Organization and small

the Organization shall mean the Department of the army of the Czech Republic.



63) § 37 para. 2 (a). (b)) the armed services act. ".



The current paragraph 2 shall be deleted and paragraph 1 shall become

as paragraph 2.



41. In § 25 para. 2, the words "and the police of the Czech Republic" shall be replaced by

"and for members of the police of the Czech Republic and the security services" and in the

(b)) at the end of attached these words: "and security services".



42. the following section is inserted after section 25a, 25b, which reads as follows:



"§ 25b



The State budget to a separate account referred to in section 2 of the third sentence of

payment of insurance premiums converts an aliquot portion of the corresponding premiums on

pension insurance. ".



43. under section 28 shall be added to § 28a is inserted:



"§ 28a



Until 31 December 2006. December 1998 are also internal scientific insurance payers

aspiranti, if they are involved in the sickness insurance scheme. ".



44. In article 29, the words "nápravně educational Institute" shall be replaced by

"the prison".



45. In all the provisions of the Act, the words "retirement security"

replaced by the words "pension scheme".



Article IV



cancelled



Article. In



cancelled



Čl.VI



cancelled



Article. (VII)



To change the code of civil procedure



Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967

Coll., Act No. 158/1969 Coll., Act No. 50/1973 Coll., Act No. 20/1975

Coll., Act No. 135/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991

Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act of the Czech

the National Council No. 24/1993 Coll., Act No. 171/1993 Coll., Act No. 116/1994

Coll., Act No. 152/1994 Coll., Act No. 216/1994, Coll., Act No. 84/1995


Coll. and Act No. 118/1995 Coll., shall be supplemented as follows:



1. in § 9 para. 2 (a). (d)), after the words "the provisions of" the following words are inserted:

"pension insurance and".



2. § 246 para. 2, after the words "health security" following this

words: "age insurance".



3. In section paragraph 246b 1 the second sentence, after the words "retirement security"

the following words shall be inserted: "and the pension insurance".



4. In section paragraph 250s 2, after the words "retirement security" following this

the words "and the pension insurance".



Article. (VIII)



Amendment of the Act of the Czech National Council No. 549/1991 Coll. on court fees,

as amended



The Czech National Council Act No. 553/1991 Coll. on court fees in

amended by Act of the Czech National Council No. 271/1992 Coll., Act No. 273/1994

Coll., Act No. 36/1995 Coll. and Act No. 118/1995 Coll., shall be supplemented as follows:



In section 11 (1) 1 (b). (b)), after the words "social security"

These words: "age insurance".



Article. (IX)



Amendment of the Act of the Czech National Council No. 368/1992 Coll., on administrative

fees, as amended



The Czech National Council Act No. 368/1992 Coll., on administrative fees, in

the text of the Czech National Council Act No. 10/1993 Coll., Act No. 72/1994 Coll.

Act No. 85/1994 Coll., Act No. 273/1994 Coll., Act No. 36/1995 Coll. and

Act No. 118/1995 Coll., shall be supplemented as follows:



In § 9 para. 2 (a). and), after the words "social security"

the following words: "on pension insurance,".



Article. X



cancelled



Article. XI



cancelled



Article. (XII)



cancelled



Article. XIII



cancelled



Article. XIV



cancelled



Article. XV



cancelled



Article. XVI



cancelled



Article. XVII



cancelled



Article. XVIII



Regulation (EEC)



§ 10 (1) is hereby repealed. 1 and 4 of the law of the Czech National Council No. 372/1990 Coll.

about salary and compensation of expenses of members of the Czech National Council, as amended by law

The Czech National Council No. 266/1991.



Article. XIX



The President of the Chamber of deputies to ratify, in the collection of laws of the United

the Republic has declared a full text of the law No. 54/1956 Coll., on sickness

insurance of employees, as is apparent from the amendments and additions made

subsequent legislation, the Czech National Council Act No. 582/1991 Coll., on the

Organization and implementation of social security, as is apparent from the changes and

additions made by later regulations, and act of the Czech National Council

No. 589/1992 Coll., on social security and a contribution to

State employment policy, as is apparent from the amendments and additions

carried out by later legislation.



Article. XX



The effectiveness of the



This Act shall take effect on 1 January 2000. January 1996.



Uhde in r.



Havel, v. r.



Klaus r.



6) § 70 para. 2 of the Act No. 100/1988 Coll., on social security.



7) § 10 para. 1 and 2 of Act No. 155/1995 Coll., on pension insurance.