108/2009 Sb.
LAW
of 26 March. March 2009
the one-time cash supplement to the income replacement amount and the specific
contribution to the pension, and of amendments to certain laws
Parliament has passed the following Act of the United States:
PART THE FIRST
A LUMP SUM OF MONEY REPLACING THE RETIRED AND THE SPECIAL SURCHARGE
CONTRIBUTION TO THE PENSION
§ 1
Be entitled to a lump sum of money replacing the supplement to the pension
or special contribution to income pursuant to Act No. 361/2005 Coll. on
Awards participants of the national struggle for the liberation of Czechoslovakia and the formation and
some of the survivors, a special contribution to the income of certain
the persons for a one off cash amount to some participants in the national struggle
for the liberation from 1939 to 1945 and amending certain acts, in
amended by Act No. 261/2007 Coll. and Act No 312/2008 Coll., and the supplement to the
income pursuant to Government Regulation No. 622/2004 Coll., on the granting of a supplement to the
income to alleviate some of the grievances caused by the Communist regime in the
the social, as amended by Decree-Law No 405/2005 Coll. and regulation
No 369/2007 Coll. (hereinafter referred to as "lump sum") has
a natural person who is not entitled to a supplement to a pension, or special
contribution to pension just because
and does not receive an old-age or other) income from the Czech pension insurance,
If it is a condition of entitlement to the supplement to the pension or the special contribution to the
old-age pension or other pension out of the Czech pension
Insurance ^ 1), if the person has reached the age of 65 years and qualify for this
on the day of her pension, which has reached this age, did not arise, or
(b)) does not receive widow's or widower's pension from the Czech pension
insurance, if it is a condition of entitlement to the supplement to the pension or the Special
contribution to the income of the widow's or widower's pension, the receipt of the
the Czech pension and entitlement to this pension rights did not arise or
It ceased to exist for any reason other than because of the closure of the new marriage ^ 2).
§ 2
(1) the amount of a lump sum of money shall be 72násobek monthly amounts
a supplement to the pension or the special contribution to the pension to which he would
the person referred to in paragraph 1 (b). a) or b) was entitled at the date of fulfilment of the conditions
entitlement to a lump sum of money, if i do not comply with the condition
receipt of income from the Czech pension insurance.
(2) If a person referred to in paragraph 1, which fulfils the conditions of entitlement
According to § 1, already is receiving a supplement to the pension or the special contribution to the
pension to another pension and monthly amount determined pursuant to paragraph 1 is
higher than the monthly amount received a supplement to the pension or the Special
contribution to the pension, the amount of a lump sum of money 72násobek
the difference of these amounts that each other compare monthly amounts
supplements to the pension payable under the same legislation and monthly
the amount of the special contributions to retirement; be entitled to received the supplement to
pension or retirement payment of special allowance for this one-off
the monetary amount is not affected.
§ 3
(1) the entitlement to a lump sum of money shall be decided on the basis of
written request from the Czech social security administration. The written request
can be submitted also by the district social security administration according to
the place of permanent residence on the territory of the Czech Republic; a person who does not have
residence in the territory of the Czech Republic, may submit a written request, also for
Embassy of the Czech Republic responsible for the State in which the
residence.
(2) a lump sum of money shall be paid by the Czech administration of social
Security.
(3) Czech social security administration is entitled to ask the other
the payer of the pension on the communication of information needed for decision-making and payment
a lump sum of money.
(4) the provisions of § 3 para. 2 to 5 and 7 and section 15 of Act No. 357/2005 Sb.
by analogy.
(5) if the applicant has died, a one-time monetary amount before its salaries,
a one-off amount of money becomes the subject of inheritance if they are
the heirs.
(6) the Granting of a lump sum of money claim shall lapse on the supplement to the
special contribution to the pension or pension to which he would be entitled to from the
for the same reason.
§ 4
If the conditions for the granting of a lump sum of money are met
prior to the effective date of this Act, is entitled to a one-time
the monetary amount of the effective date of this Act.
PART TWO
Amendment of the Act No. 361/2005 Coll., on the evaluation of the participants of the national struggle for
the emergence and the liberation of Czechoslovakia and some of the survivors, about
a special contribution to the annuity certain persons, one-time cash
the amount of some participants in the national struggle for liberation in 1939
up to 1945, and on amendments to certain laws
§ 5
Act No. 361/2005 Coll., on the evaluation of the participants of the national struggle for the emergence and
the liberation of Czechoslovakia and some of the survivors, on the Special
contribution to the pension of certain persons, a one-time monetary amount
Some participants in the national struggle for liberation from 1939 to 1945
and amending certain laws, as amended by the Act No. 261/2007 Coll. and Act No.
306/2008 Coll., is amended as follows:
1. In article 2, paragraph 4, the following paragraph 5 is added:
"(5) the amount of the supplement to the pension of the person that fell, were executed
or have died in custody, prison or concentration camp
an internment camp or were violently killed in the context of the
arrests, amounts to the sum of the amounts derived from the length of resistance activities
the deceased and the amount
and), 3 000 CZK in the case of a widow or widower, or
(b) 2 400 Czk), in the case of an orphan, orphan, if on the date of the death of parents
has not reached the age of 18 years ".
Paragraphs 5 to 7 shall be renumbered 6 to 8.
2. In article 2 (2). 7, the number "4" is replaced by "5".
3. in the third sentence of paragraph 4 and section 6 (1). 5 is the number "7" is replaced by "8".
4. in paragraph 5, the following paragraph 3 is added:
"(3) the specific contribution referred to in paragraph 1 (b). (c)) and pursuant to paragraph 2,
in the case of a widow or widower of a person referred to in paragraph 1 (b). (c)),
It belongs even if the limitation of personal freedom that is not time-
defined or that it should take no longer than 12 months from the end
for health reasons before the expiry of 12 months. This fact is
demonstrate proof of release for health reasons. ".
§ 6
Transitional provisions
1. the supplement to the pension increases according to § 2 (2). 5 of law No 358/2005
Coll., in the version in force from the date of entry into force of this Act, the
upon written request from the payments of the pension to which this surcharge
belongs, payable in a calendar month in which this Act shall come into
efficiency.
2. the specific contribution to the pension to which entitlement has accrued by
Act No. 361/2005 Coll., in the version in force from the date of entry into force of
of this Act, shall on the basis of a written application from the payments of the pension to the
that this post belongs, payable in a calendar month in which the
This Act shall take effect.
PART THREE
Amendment of the Act on social services
§ 7
Law No. 108/2006 Coll., on social services, as amended by Act No.
29/2007 Coll., Act No. 213/2007 Coll., Act No. 261/2007 Coll., Act No.
124/2008 Coll., Act No. 129/2008 Coll., Act No. 274/2008 Coll. and act
No 479/2008 Coll., is amended as follows:
1. In section 75 para. 2 at the end of the text of subparagraph (c)), the words ",
or less, if this performance should be 12 months, but ended up from the
for health reasons before the expiry of 12 months. "
2. In section 75 para. 2 at the end of the text of subparagraph (d)), the words ",
or less, if this period should be 12 months, but ended up from the
for health reasons before the expiry of 12 months. "
PART FOUR
Amendment of the Act on pension insurance
§ 8
In section 107 of the Act No 155/1995 Coll., on pension insurance, as amended by law
No 134/1997 Coll., Act No. 289/1997 Coll., Act No. 353/2001 Coll., Act
No 198/2002 Coll., Act No. 264/2002 Coll., Act No. 262/2006 Coll.
Act No. 178/2008 Coll., the following paragraph 4 is added:
"(4) the Government may by regulation provide that the insured, who started before
1 January 1993 accept employment in mining, listed in § 76a sentence
First, the retirement age, taking into account the length of employment in the mining industry
down in the lower age groups the borders than the age limit specified
under this Act, the conditions for determining these lower age
borders, and the lower age limit and conditions for their
the determination will not be established even cheaper than it was under the legislation
regulations effective as of 31. December 1992, and on the way to this
work carried out after 31 December 2006. December 1992 shows; employers,
who, after 31 December 2006. December 1992 these persons employed are
required to the performance of this job. The Government also may provide
How old-age pensions of insured persons shall be referred to in the
the first sentence, who fulfil the conditions for the establishment of these lower
age. ".
PART FIVE
The EFFECTIVENESS of the
§ 9
This Act shall take effect on the first day of the third calendar month
following the date of its publication.
Vaidya in the r.
Klaus r.
Topolanek in r.
1) § 1 (1). 1 and 3 and § 5 para. 1 Act No. 357/2005 Coll., on the valuation of
participants in the national struggle for the liberation of Czechoslovakia and the formation and
some of the survivors, a special contribution to the income of certain
the persons for a one off cash amount to some participants in the national struggle
for the liberation from 1939 to 1945 and on amendment to certain laws.
§ 1 (1). 1 (b). and), para. 2 (a). 3 Government Regulation No 622/2004 Coll.
on the granting of a supplement to the pension to alleviate some of the grievances
caused by the Communist regime in the area of social, as amended by regulation
No 405/2005 Coll. and Decree-Law No. 372/2007 Sb.
2) § 1 (1). 2 and § 5 para. 2 Act No. 357/2005 Sb.
§ 1 (1). 1 (b). (b)), and (c)) Government Regulation No 622/2004 Coll., as amended by
Decree-Law No 405/2005 Coll. and Decree-Law No. 372/2007 Sb.
