The Mutual Transfer Of Pension Rights In Relation To The Retirement System.

Original Language Title: vzájemný převod důchodových práv ve vztahu k důchodovému syst. EU

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=80000&nr=141~2F2013~20Sb.&ft=txt

141/2013 Sb.



REGULATION OF THE GOVERNMENT



of 15 July. may 2013



laying down more detailed adjustment of mutual transfer of pension

rights in relation to an occupational pension scheme of the European Union



The Government ordered under section 105a, paragraph. 4 and 5 of Act No 155/1995 Coll., on

pension insurance, as amended by Act No. 189/2006 Coll. and Act No.

314/2012 Coll. and under section 15(2). 5 of law No. 426/2011 Coll., on pension

savings:



§ 1



The subject of the edit



This regulation lays down further to a directly applicable regulation

The European Union ^ 1) the calculation of the amounts set out as the transferred

the income obtained in the Czech Republic the right to the pension scheme

The European Union and the transfer of pension rights acquired in the pension system

The European Union to the Czech pension insurance. This regulation also

regulates the transfer of retirement savings in the context of participant

with the transfer of pension rights.



§ 2



The calculation of the amounts set out as the transferred pension right

obtained in the Czech Republic



(1) the financial amount provided for as pension transferred a right acquired in

The Czech Republic is calculated as the product of the unit value of the deferred

income and total projected percentage retirement pension and

the relevant part of the core area of the old-age pension.



(2) Estimated percentage of the acreage of the retirement pension is calculated

the procedure according to § 33 paragraph. 2 and § 34 paragraph. 1, 2 and 5 of the Act on pension

insurance with the understanding that the period of insurance, including periods of paid employment

activities carried out after the entitlement to old-age pension and calculation

the Foundation shall be to the reference date; for the record day is considered the day of the

the application of the request for conversion of the pension rights of the appropriate institution

The European Union, or a day, which according to the directly applicable regulation

The European Union ^ 1) entitled on the transfer of pension rights to ask,

If the application has been applied before that date. For the purposes of determining the

the personal assessment base is excluded for a period shall be deemed to

the period of participation in the pension system of the European Union. In the case of other requests

on the transfer of pension rights for the vesting period for the determination of personal

the assessment base is considered the period that begins with the calendar year

immediately following the calendar year in which it was filed

the previous pension rights, the application for conversion. Estimated percentage

acreage of the retirement pension shall be rounded up to whole Crown.



(3) the relevant part of the base acreage of the retirement pension is calculated, if

applicable on the date of the day before the date of retirement age, so that the

the basic area of old-age pension valid on the date decisive multiplied by

proportion of the length of periods of insurance completed in the Czech pension insurance

reference date and the total periods of insurance completed in the Czech pension

insurance to the reference date and time from the vesting day to day achievement

the age of the applicant of the transfer of pension rights (hereinafter referred to as

"the applicant") under the rules applicable to the reference date; calculated as follows

the relevant part of the base acreage shall be rounded up to whole Crown.

The relevant part of the base acreage of the retirement pension shall be determined, if the

applicable on the date of the day on which the applicant has reached retirement age or

later in the day, the amount of basic old-age pension applicable to acreage

reference date.



(4) the unit value of the deferred pension shall be determined according to the age,

which the applicant the date decisive reached throughout the years, mortality

tables in force on the date decisive and 70% of the maximum value of the technical

interest rates set by the different law ^ 2) for the purposes of

insurance, which applies to the reference date. Unit value

deferred income is calculated as unit initial value

předlhůtního of deferred annuities in accordance with the formula set out in the

the annex, while the calculation shall be rounded up to whole Crown.



(5) For the determination of the unit value of the deferred pension shall be applied

mortality table, the Ministry of labour and Social Affairs of the uniform for

women and men and set out for a period of five consecutive

calendar years.



(6) the amount calculated in accordance with paragraphs 1 to 5 shall be increased by the amount of

defined as the interest on the amounts calculated in accordance with paragraphs 1 to 5

for the period from the vesting day to the day preceding the date of the transfer

the financial amount of the Czech social security administration account to an account in

the pension system of the European Union. The amount of the interest shall be calculated with composite

úrokováním, with an annual interest rate equal to the discount rate of the Czech national

the Bank applies to the reference date. The amount of interest shall be rounded to whole

the Crown up.



§ 3



The transfer of pension rights acquired in the pension system of the European Union to

the Czech pension insurance



(1) the period of service or employment in the European Union or its

institutions, where the period of insurance obtained in pension system

another Member State of the European Union, which was included in the amount of

pojistněmatematického the equivalent of the pension rights acquired in

the pension system of the European Union (hereinafter referred to as "the pension equivalent"),

to obtain the insurance period required for entitlement to a pension in the Czech

pension insurance shall be considered in the same time period and in the same

the scale for the period of insurance in the Czech pension insurance.



(2) the period of insurance and the basics of assessment used for the determination of

the calculated base, which were referred to in § 2 (2). 2 taken into account when

the calculation of the amounts set out as the transferred pension right

obtained in the Czech Republic, are considered in the same time period and in the

the same range for the period of insurance and the basics of assessment in the Czech Republic

pension insurance.



(3) the amount of the pension, the equivalent of which was remitted on account of the Czech

the social security administration, shall be transferred to the Czech currency using the exchange rate

published by the Czech National Bank for the day of the transfer of the pension

equivalent to the account of the Czech social security administration; to the above

the pension equivalent does not belong to the amount of the pension was

equivalent increased in the period from submission of the application for the transfer of pension

transfer the pension rights into account equivalent to the pension system

Of the European Union. If the pension equivalent also includes converted

the pension law obtained in the Czech Republic in the amount determined under section 2,

shall be reduced for the purposes of determining the transfer of pension rights acquired in

retirement system pension equivalent to the European Union in accordance with the first sentence

the financial amount fixed pursuant to § 2 (2). 1 to 5.



(4) the amount of the percentage retirement pension provided for under the law on

pension insurance is increased by the amount determined in accordance with the above

the pension equivalent adjusted in accordance with paragraph 3 and the unit

the value of a deferred pension, however, as soon as possible after the date of retirement

age according to the Act on pension insurance. The amount so established shall

be deemed to be the amount of the retirement pension provided for with regard to the length of the

the period of service or employment in the European Union or its institutions,

which established the participation in the pension system of the European Union, and vyměřovacím

the basics for this period of time. If not entitled to a retirement pension

the percentage of acreage would be laid down in accordance with the first sentence, because of death,

added the increase referred to in the first sentence of 50% for the percentage of acreage

the widow's pension or vdoveckého and 40% for the percentage of acreage

orphan's pension, if those pensions belong because of the death of the person

the old-age pension would be established in accordance with the first sentence.



(5) the increase in the percentage of the pension referred to in paragraph 4 shall be calculated

as a percentage of the amount of the pension of the adjusted equivalent referred to in paragraph 3 and

the unit value of a deferred pension under the formula set out in the annex.

For the calculation of the mortality table shall apply for the purposes of converting valid

pension rights to the pension scheme of the European Union and 70% of the value

the maximum technical interest rates set by the different law ^ 2)

for the purposes of the insurance industry, which applies on the date of submission of the request for conversion

pension rights acquired in the pension system of the European Union to

the Czech pension insurance. The calculation shall be rounded to the whole of the Crown

up.



(6) the length of periods of insurance in the Czech pension insurance referred to in paragraphs 1

and 2 increase the percentage of acreage and the amount of income referred to in paragraphs 3 to 5 shall

be determined at the date of the request for the transfer of pension rights acquired in

the pension system of the European Union to the Czech pension insurance;

This date is decisive for determining the variables that affect the calculation.

Credit insurance periods and increase the percentage of acreage referred to in the first sentence,

performs the first at the date of transfer of the pension equivalent to the account of the Czech

the social security administration.



§ 4



Transfer of pension savings



If the applicant has been involved in pension savings ^ 3) and asked for a transfer

pension rights under section 2 are subject to transfer, whether or not the means

the participant's retirement savings, pension company transferred by the

§ 15 paragraph. 5 of the Act on pension savings on account of the Czech administration

social security.



§ 5
The transfer of pension rights of employees of other institutions



This Regulation shall apply mutatis mutandis to the transfer of pension rights

staff of the European Central Bank and the European Investment Bank,

If the pension systems of these institutions.



§ 6



The transitional provisions of the



The transfer of pension rights of employees of the European Central Bank and the European

Investment Bank pursuant to section 5 shall apply to the persons who are the

the staff on the day of the entry into force of this regulation, or following

the employees have become after this date.



section 7 of the



Cancellation provisions



Regulation of the Government No. 587/2006 Coll., laying down more detailed adjustment

the mutual transfer of pension rights, in relation to an occupational pension scheme

Of the European communities, is hereby repealed.



§ 8



The effectiveness of the



This Regulation shall enter into force on 1 January 2005. September 2013.



The President of the Government:



RNDr. Nečas in r.



The Minister of labour and Social Affairs:



Ing. In r. Müller.



Annex



The calculation of the unit value of the deferred pension



The unit value of the deferred pension (JHOD) is calculated according to the formula:



Omega omega

JHOD = 12 x (sum of dk x kpv + 0.2 x SUM of dk x kpv x (1-kpv)),

k = r = r

where



in age, which the applicant throughout the years has reached the date decisive for the calculation,



r is the difference between the pensionable age and the age of the applicant, which throughout the years has reached the date decisive for the calculation,

If this age is less than the retirement age of the applicant; If this is not so, "r" is equal to zero,



Omega is the highest age referred to in the mortality tables



kpv is the probability that a person who has lived to the age of the age, lives in the + to, while this likelihood is determined

According to the mortality tables



1

d =---is the discount factor corresponding to the technical interest rate as well.

1 + i



To determine the probability of mortality table shall apply kpv valid

for the purposes of the transfer of pension rights to the pension scheme of the European Union

on the date decisive for the calculation.



As the value of the technical interest rate also applies to 70% of the value of the maximum

technical interest rates set by the different law ^ 2), which is

the current on the date decisive for the calculation.



1) Council Regulation (EEC, Euratom, ECSC) No 259/68 of 29 February. February 1968

laying down the staff regulations of officials of the European Union and the conditions of employment of

other servants of the European Union, as amended.



2) Decree No. 434/2009 Coll., which implements certain provisions of

the law on the insurance industry.



3) Law No. 426/2011 Coll., on pension savings, as amended

regulations.