A One-Time Cash Supplement To The Income Replacement Amount

Original Language Title: jednorázová peněžní částka nahrazující příplatek k důchodu

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=68497&nr=108~2F2009~20Sb.&ft=txt

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.