306/2008 Sb.
LAW
of 17 May. July 2008,
amending Act No 155/1995 Coll., on pension insurance, as amended by
amended, law No 582/1991 Coll., on the Organization and implementation of
social security, as subsequently amended, and certain other
the laws of the
Change: 479/2008 Coll. (part)
Change: 479/2008 Sb.
Change: 466/Sb.
Change: 89/2009 Sb.
Change: 234/2014 Sb.
Change: 205/2015 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act No. 155/1995 Coll.
Article. (I)
Act No. 155/1995 Coll., on pension insurance, as amended by Act No.
134/1997 Coll., Act No. 289/1997 Coll., Act No. 220/1999 Coll., Act No.
18/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000 Coll., Act No.
220/2000 Coll., Act No. 115/2001 Coll., Act No. 185/2001 Coll., Act No.
353/2001 Coll., Act No. 198/2002 Coll., Act No. 261/2002 Coll., Act No.
264/2002 Coll., Act No. 361/2003 Coll., Act No. 424/2003 Coll., Act No.
425/2003 Coll., Act No. 85/2004 Coll., Act No. 283/2004 Coll., Act No.
359/2004 Coll., Act No. 435/2004 Coll., Act No. 561/2004 Coll., Act No.
168/2005 Coll., Act No. 361/2005 Coll., Act No. 377/2005 Coll., Act No.
24/2006 Coll., Act No. 109/2006 Coll., Act No. 189/2006 Coll., Act No.
264/2006 Coll., Act No. 262/2006 Coll., Constitutional Court,
the declared under no. 405/2006 Coll., Act No. 152/2007 Coll., Act No.
181/2007 Coll., Act No. 218/2007 Coll., Act No. 261/2007 Coll., Act No.
296/2007 Coll. and Act No. 178/2008 Coll., is amended as follows:
1. In article 1 (1). 1 the words "(a). (d)), and (e)) "shall be replaced by" subparagraph (a). (c)), and
(d)) ".
2. In article 3, paragraph 3. 2 the second sentence, the words "full disability pension and
the partial disability pension [§ 4 (1) (b)), and (c))] "shall be replaced by
the words "invalidity pension [§ 4 paragraph 2. 1 (b). b)]“.
3. In section 4, paragraph 4. 1 (b)):
"b) invalidity,".
4. In section 4, paragraph 4. 1, point (c)) shall be deleted.
Subparagraph (d)), and (e)) shall become points (c) and (d)).)
5. In section 4, paragraph 4. 2 the second sentence, the words ' a) to (c)) "shall be replaced by") and
(b)) "and the words" d) and (e)) "shall be replaced by the words" c) and (d)) ".
6. in § 5 para. 1 at the end of the text of the letter m), the words "during the period
before 2010 ".
7. in § 5 para. 1 (b). t), the words "full disability pension"
replaced by the words "invalidity pension for disability of the third degree [§
paragraph 39. 2 (a). (c))] "and the words" full disability "shall be replaced by the word
"this".
8. In section 6 (1). 1 (b). (b)), the words ", with the exception of the period of the first 6 years
This study after the age of 18 years [§ 5 para. 1 (b). m)] "be deleted.
9. In paragraph 6 of the dot at the end of paragraph 1 is replaced by a comma and the following
subparagraph (f)), which read as follows:
"(f)) of the stay in a foreign country that was followed by her husband, who in
He served in the diplomatic service abroad of the United States. ".
10. in paragraph 7, the words "invalidity pension" are replaced by "invalidity
third-degree invalidity pension ".
11. in § 9 para. 6 (a). (b)), the words "partial invalidity or
full ' are deleted.
12.
cancelled
13. In article 16(1). 4 (b). (b)), the words "full disability pension or"
replaced by the words "invalidity pension for disability of the third degree,
where appropriate, the full disability pension, or in receipt of ".
14. In article 16(1). 4 at the end of the text of the letter f), the words ", and
with regard to the determination of the personal assessment base for the calculation of
the invalidity pension, whether or not the period of systematic preparation for the future of the profession
study on the middle or high school in the Czech Republic, for a period of
the first 6 years of study after the age of 18 years ".
15. In article 16(1). 5, the words "and in the second sentence of paragraph 4 (a). (e)), if it is
about the time of participation in the insurance of persons specified in § 5 para. 1 (b). r) "
shall be deleted.
16. in article 16, paragraph 7, insert a new paragraph 8, which including
footnote # 19b is added:
"(8) the period referred to in paragraph 4, the second sentence of subparagraph (a). a) to (j)) shall be construed as
excluded time, even if they coincide with a period of participation in the insurance of persons
referred to in § 5 para. 1 (b). (e)), with a period of insurance, in which it had
beneficiary income that is included in the calculation basis, or with
the time at which belonged to the refunds referred to in paragraph 3, fourth sentence,
If the insured person or any other legitimate request; the revenues achieved in the
excluded thus designated times the calculation basis
do not include. The procedure under the first sentence applies only to full time
the section, after which the period referred to in the first sentence are covering for each other. Way
request referred to in the first sentence and the time limits in which to file the application,
provides for a special law ^ 19b).
19b) § 83 para. 3 and § 86 para. 5 of law No 582/1991 Coll., as amended by
Act No. 306/2008 Coll. ".
The present paragraph 8 shall become paragraph 9.
Footnote # 19b is referred to as a footnote
No 19 c.
17. In article 16(1). 9, the word "and" is replaced by a comma and the word
"insured person" shall be inserted after the words "and the calculation basis".
18. in section 18 para. 4 the second sentence, after the words "paragraph. 3 "the words" and
8. "
19. in section 19 para. 1 the first sentence, the words "full invalidity and partial"
shall be replaced by the word "and" and the words "or" with the words "full
disability or partial disability pension, or ".
20. In paragraph 19, the following shall be added at the end of paragraph 1, the sentence "the coefficient referred to in the sentence
the first is determined with a precision of four decimal places is valid.
The provisions of § 16 para. 9 apply mutatis mutandis here. ".
21. in paragraph 19, the following new section 19a is inserted:
"§ 19a
(1) old-age and invalidity pension the insured person, who won at least 15 years
replacement periods of insurance for the period of participation in the insurance of persons specified in §
5 (3). 1 (b). with) or section 102a (hereinafter referred to as "spare time-dependent care
person "), it must not be meted out from a lower calculation basis than the
makes the calculation base set out under section 15 of the personal assessment
calculated in accordance with paragraphs 2 and 3 and in accordance with § 16.
(2) in the case of an insured person referred to in paragraph 1 shall spare time care
a dependent for the purposes of determining the personal assessment base
shall be deemed to
and excluded period) and it also coincides with a period when insurance
the persons referred to in § 5 para. 1 (b). (e)), with a period of insurance, in which it had
beneficiary income that is included in the calculation basis, or with
the time at which were due refunds referred to in § 16 para. 3 of the fourth sentence,
or
b) during the period of insurance in which the insured person had income that is taken into account
for the purposes of the annual assessment base,
and depending on what is more advantageous for the insured person; procedure referred to in
(a)) are concerned only with the entire period during which
that period shall cover each other.
(3) for receiving an insured person referred to in paragraph 1 shall, for the purposes of paragraph 2
(a). (b)) shall be deemed to
31.) December 2006, the amount corresponding to the amount of the contribution to the care
According to the law on social services person, by which the insured person
take care. The sum of these amounts for the calendar year shall be added to the annual
in order to base the insured set out for this calendar year
According to § 16 para. 2 the first sentence,
(b)) before the 1. January 2007, per calendar year, the amount of 96 000, multiplied by the
the coefficient fixed as a percentage, in which the numerator is the General
the assessment base for the calendar year for which it is calculated the annual
the assessment base, and the denominator is a general assessment base for
the year 2007; If a replacement did not last time dependent care the whole
calendar year, the amount calculated in accordance with part of the sentence before
semicolon in proportion. Coefficient referred to in the first sentence shall be determined with an accuracy of
to 4 valid decimal places. Amount per calendar year under the first sentence
is added to the aggregate of the bases of an insured person for this calendar
the year referred to in § 16 para. 2 the first sentence. ".
22. in section 20, at the end of the text of paragraph 2, the words ", and the child, that
was taken into custody on the basis of an interim measure issued in the framework of the
proceedings on the custody of the child to education ^ 19 d) ".
Footnote # 19 d is added:
"19 d) section 45 of the Act on the family.".
23. in section 20 (2). 3 (b). (c)), the word "systematic" is deleted.
24. in section 20, the following paragraph 6 is added:
"(6) for the dependent child is not the child who is the beneficiary of the
disability pension for disability of the third degree. ".
25. section 26 including the title reads as follows:
"section 26
Long term adverse health
For the long term adverse health status for the purposes of this Act,
It considers the health condition that limits the physical, sensory or mental
the ability of an insured person significant for its working ability, if this
health takes longer than 1 year, or by knowledge of medical science
You can assume that it will take longer than one year. ".
26. section 29 reads:
"§ 29
(1) the insured person is entitled to a retirement pension if he gained time
insurance of at least
and 25 years) and reached at least the age required for entitlement to an old-age
pension (hereinafter referred to as "pensionable age") before the year 2010,
(b)) 26 years and reached retirement age in 2010,
(c)) 27 years and reached retirement age in 2011,
(d)) for 28 years and has reached the retirement age in 2012,
e) age 29 and reached retirement age in 2013,
(f)) for 30 years and has reached the retirement age in 2014,
(g)) of 31 years and reached retirement age in 2015,
h) 32 years and reached retirement age in 2016,
I) 33 years and reached retirement age in 2017,
j) 34 years and reached retirement age in 2018,
35 years and to) reached pensionable age after 2018.
(2) an insured person is entitled to a retirement pension as well, if not fulfilled
the conditions referred to in paragraph 1 and won an insurance period of at least
and) 15 years and achieved before 2010 at least 65 years of age,
(b)) 16 years and reached the age of at least in 2010 about 5 years higher than the
the retirement age determined in accordance with section 32 for men of the same date of birth,
(c)) for 17 years and in 2011 the age of at least 5 years of higher than
the retirement age determined in accordance with section 32 for men of the same date of birth,
(d)) 18 years of age and has achieved in 2012, age of at least 5 years of higher than
the retirement age determined in accordance with section 32 for men of the same date of birth,
e) 19 years and reached the age of at least in 2013 about 5 years higher than the
the retirement age determined in accordance with section 32 for men of the same date of birth,
(f)) for 20 years and reached the age after 2013 at least 5 years of higher than
the retirement age determined in accordance with section 32 for men of the same birth date.
(3) an insured person who does not fulfil the conditions laid down in paragraph 1 (b).
g) to), is entitled to an old-age pension also when reaching retirement
age after 2014 and earned at least 30 years, the periods of insurance referred to in article 11 and
§ 13 para. 1.
(4) an insured person who does not fulfil the conditions laid down in paragraphs 1, 2
or 3, shall be entitled to a retirement pension, if also reached the age of 65 years and
has met the conditions of entitlement to a disability pension provided for in § 38 (a). and)
or (b)).
(5) The insurance period required for entitlement to a retirement pension
referred to in paragraph 1 (b). b) to paragraph 2 (e)). (b)) to (f)), the replacement
periods of insurance, except for the replacement of insurance referred to in § 5
paragraph. 1 (b). p), r) and s) and similar time according to the rules in force before the
1. in January 1996, counted only in the range of 80%; the number of days of spare
periods of insurance determined according to the part of the sentence before a semicolon is
rounded to whole days upwards. ".
27. section 30 is repealed.
28. in section 31, paragraph 1 reads:
"(1) the insured person is entitled to a retirement pension before retirement
age, if he received the insurance period established in accordance with section 29 para. 1 or
3 and
and at least the age) reached 60 years of age, if the retirement age is at least 63
years, or
(b)) until retirement age from the date from which the old-age pension
He admits missing not more than 3 years, if the retirement age is lower than the
63 years. ".
29. in § 31 para. 3 the words "and 30" are deleted.
30. In § 32 para. 1 the words "If the insured person reached this age
31 December 1995 ' shall be replaced by "in the case of insured persons born before
the year 1936 ".
31. in § 32 paragraph 2 reads as follows:
"(2) for insured persons born in the years 1936 to 1968 the retirement age
determined in accordance with the annex to this Act. If, according to this annex
retirement age with the addition of calendar months shall be considered pensionable
age the age attained in the last by calendar month on the day that
the same number as the day of birth of the insured person; does not include the following
the specified month such a day shall be considered retirement age, the age that is
reached in the last day of the last calendar month. "přičteného.
32. In article 32, paragraph 3 reads:
"(3) for insured persons born after 1968 retirement age
and 65 years for men),
(b)) in women
1.62 years of age, if raised at least 4 children
2.63 years if raised 3 children,
3.64 years if have raised 2 children,
4.65 years. ".
33. In § 34 paragraph 1. 2 the first sentence after the word "that", the words
"meet the conditions for entitlement to a retirement pension in accordance with § 29 para. 1 or 3 and "
and the words "or full invalidity pension" are replaced by the words "pension or
disability pension for disability of the third degree ".
34. In article 34, the following paragraphs 3 to 6 shall be added:
"(3) the amount of the percentage amount of the retirement pension provided for under paragraph
1 increasing the insured person who has met the conditions of retirement
pension under section 29 para. 1 or 3 and after entitlement to this pension
to exercise gainful employment, and while he was receiving a pension of
mid pursuant to § 37 para. 1, for every 180 calendar days of this
employment about 1.5% of the calculation basis. The provisions of paragraph 2
the third sentence applies here mutatis mutandis.
(4) the amount of the percentage amount of the retirement pension provided for under paragraph 1
increasing the insured person who has met the conditions of entitlement to old-age pension
According to § 29 para. 1 or 3 and after entitlement to this pension has pursued
gainful employment and in so doing, he has already received the full amount of a retirement pension under section
37 para. 1, for every 360 calendar days of this activity on
0.4% of the calculation basis. Right to increase the percentage amount of the old-age
pension under the first sentence has the insured person every 2 years if the
gainful activity lasted continuously for that period, or after the end of
gainful employment; for continuity of employment is
and when the end of the calendar day of gainful employment
immediately follows the calendar day in which gainful activity again
originated. The provisions of paragraph 2, third sentence applies here mutatis mutandis.
(5) the amount of the percentage amount of the retirement pension provided for under paragraph 1
increasing the insured person who has met the conditions of entitlement to old-age pension
According to § 29 para. 2 and after entitlement to this pension has pursued
gainful employment and without receiving a retirement pension or invalidity while
third-degree invalidity pension for each full year of insurance periods
obtained within the insurance period required for entitlement to
old-age pension pursuant to § 29 para. 1 or 3 about 1.5% of the calculation basis;
After reaching the insurance period required for entitlement to a retirement pension
According to § 29 para. 1 or 3, the amount of the percentage amount of the retirement pension
increases referred to in paragraph 2.
(6) the full year periods of insurance for the purposes of this Act, the 365
calendar days. ".
35. section 35:
"§ 35
The amount of the percentage amount of the retirement pension to which entitlement has accrued pursuant to §
29 para. 4 shall be determined pursuant to § 41 para. 2. ".
36. section 36:
"§ 36
(1) the amount of the percentage amount of the retirement pension to which entitlement has accrued
under section 31 shall be determined pursuant to § 34 paragraph 1. 1 with the expectation that this
reduces every even begun 90 calendar days from the date of
the old-age pension is granted, until retirement age of
and 0.9% of the calculation basis) during the period of the first 720 calendar days,
b) 1.5% of the calculation basis for the period from 721. calendar day;
the amount of the percentage amount, after this reduction, however, may not be less than the
the amount referred to in § 33 para. 2 sentence third.
(2) the amount of the percentage amount of the retirement pension provided for under paragraph 1
the insured person, which, after which entitlement to that pension to achieve
retirement age to exercise gainful employment and in doing so, without receiving
old-age pension or disability pension for disability of the third degree,
converted after the end of this activity, on request, so that the time
This employment after the date on which it was granted a retirement pension,
added to the period of insurance completed before entitlement to that pension and
at the same time about this time shortens the time it takes to reduce the amount of
the percentage amount of the retirement pension referred to in paragraph 1. To increase the
the percentage amount for the period professional activities carried out after reaching the
retirement age, the provisions of § 34 paragraph 1. 2 accordingly. ".
37. In article 37, paragraph 1 reads:
"(1) the payment of the retirement pension to which the entitlement referred to in section 29,
belongs to persons engaged in gainful employment, or in full in the amount of
half; half of the retirement pension shall be paid on the basis of the request
of the insured person. Half of the old-age pension means half the basic
acreage and half the percentage amount; in the case that the old-age pension
not paid in full because of overlapping with other income under section 59,
This means half of the old-age pension, half the percentage amount
payable under section 59. ".
38. In § 37 para. 2, the words "section 30 or" shall be deleted.
39. in the second part of the fourth title is: "DISABILITY PENSION".
40. under the fourth head of the second part of the first title, added: "the conditions
entitlement to invalidity pension ".
41. In paragraph 38, the word "full", "fully" and "full" shall be deleted and the words "became"
are replaced by the words "has not reached the age of 65 years and became".
42. section 39, including footnote # 34b:
"§ 39
(1) the insured person's disability if, by reason of the long-term adverse
There was a decline in the health of his working capacity by at least 35
%.
(2) if the insured person's working capacity has decreased
and at least 35%), but most of the 49%, it is a disability first
the degree,
(b)) at least 50%, but by up to 69%, this is the disability of the second
the degree,
(c) at least 70%), this is a third-degree invalidity.
(3) the working capacity means the ability of the insured to perform
gainful activity corresponding to its physical, sensory and mental
capabilities, taking into account the education, experience and
knowledge and previous profit-making activities. The decline of the working
ability means the decline in ability to perform gainful activity in
due to limitations of physical, sensory and mental abilities in
compared with the situation that was applied to the insured person before the onset of long term
adverse health condition.
(4) in determining the decrease in capacity for work is based on the health
the status of an insured person supported by the results of function tests; in doing so,
taking into account,
and whether it's a) disability permanently affecting working capacity,
(b)) that this is a stabilised State of health,
(c)) whether and how the policy holder is adapted to their disability,
(d)) re-qualification ^ 34b) ability of the insured to another kind of gainful
activities than hitherto pursued,
(e) the use of preserved) the ability to work in the event of a decrease
working capacity by at least 35% and 69%, most of the
f) in the case of working capacity decrease by at least 70% also, whether it is
the insured person is unable to work as a completely abnormal conditions.
(5) with a disability for the purposes of the assessment of the decline in work
the ability of all considers the functional disorders that with him
they are related to.
(6) with a stabilised State of health [paragraph 4 (b))] shall be deemed to
such a State of health that is stabilized at a level that allows you to
insured persons engage in gainful employment without worsening the State of health
the influence of such activities; maintaining the health of stabilization may be
in doing so, subject to the following specific treatment or working restrictions.
(7) the insured person is adapted to their disability [paragraph 4
(a). (c))], if acquired or regained his abilities and
skills that he, along with preserved body, sensory and
mental abilities allow you to engage in gainful employment without
health deterioration due to such activities.
(8) the percentage decline in the capacity to work shall be determined in whole
numbers.
34B) § 108 paragraph. 1 of Act No. 435/2004 Coll. on employment. "
43. In section 40 para. 1, the word "full" is deleted.
44. In paragraph 2 of section 40. 2 the words "full" and "full" are deleted.
45. In section 40 para. 2, the first sentence is inserted after the phrase "for the insured's legacy
38 years, the condition of the necessary insurance period giving entitlement to disability
income deemed too, if this time was obtained in the period
the last 20 years before the onset of invalidity; the required period of insurance shall be
yet 10 years old. ".
46. In paragraph 2 of section 40. 3 the words "full" and "m) and ' shall be deleted, the words" the United
Republic "with the words" and "and the following shall be added at the end of the text
the words ", and when reaching the age of 18 years for the first 6 years of this
the studios ".
47. under the fourth head of the second part of the second heading to read: "the amount of the
the invalidity pension ".
48. In § 41 para. 1, the word "full" is deleted.
49. In paragraph 41, paragraph 2 reads as follows:
"(2) the amount of the percentage amount of the invalidity pension for each full year
periods of insurance,
and 0.5% of the calculation basis) per month, in the case of invalidity pension
for disability of the first degree,
b) 0.75% of the calculation basis per month, in the case of invalidity pension
for disability of the second degree,
c) 1.5% of the calculation basis per month, in the case of invalidity pension
third-degree invalidity; the provisions of § 33 para. 2 the second sentence, and
the third and 34 para. 1 the second sentence applies here mutatis mutandis. ";"
50. in paragraph 41, paragraph 2, the following paragraph 3 is added:
"(3) when changing the degree of invalidity is newly provides for invalidity
pension, as from the date on which a change to the degree of invalidity. New
the amount of the percentage amount of the invalidity pension is calculated as the product of the
the percentage amount of the invalidity pension accruing at the date of that
preceding the date on which the change has occurred, and the degree of invalidity
the coefficient shall be calculated as the proportion of the percentage calculated
basis for each full year of the periods of insurance referred to in paragraph 2, which
corresponds to a new degree of invalidity, and the percentage calculated
basis for each full year of the periods of insurance referred to in paragraph 2, which
It corresponds to the degree of invalidity. The coefficient of in the first sentence
determined with an accuracy of 4 decimal places is valid. ".
The former paragraph 3 shall become paragraph 4.
51. In § 41 para. 4 the first sentence, the words "full" and "full" shall be deleted,
the word "included" with the words "to the extent provided in paragraph
5 "and after the words" no child ", the words", and in men,
account the pensionable age laid down for women of the same birth date, which
nevychovaly no child ".
52. In § 41 para. 4 the second sentence, the word "full" is deleted.
53. In paragraph 41, the following paragraph 5 is added:
"(5) Dopočtená time to be reallocated
and) fully, if the period from 18 years of age to which entitlement to an invalidity
pension insurance or are covered by a Czech time to disability
as a result of an accident at work or the period which is not covered by the period of the Czech
insurance is less 1 year, if the invalidity was 28. year age
the insured person, 2 years, if the invalidity arose from the age of 28 years to 40.
year of age of the insured person, or 3 years, to disability from achieving
the age of the insured person, 40 years
(b)) on the lower scale, the conditions are not fulfilled
referred to in point (a)); in this case, is running out of time, in the ratio of dopočtená
the length of the periods of insurance completed in the Czech insurance during the period from 18 years of age
the age of entitlement to an invalidity pension to the time which has elapsed since the
reaching 18 years of age by the date of entitlement to an invalidity pension,
that after this reduction, the number of days dopočtené time rounded up to whole
the days of upward;
for the purposes of determining the length of the dopočtené period, as an insurance period shall be deemed to
also the length of study in high school or College in the Czech Republic
reaching the age of 18 years for the first 6 years of this study. ".
54. under the fourth head of the second part of the third title is: "the Disability
pension and the amount in exceptional cases ".
55. In § 42 paragraph 1 reads:
"(1) The disability pension for disability of the third degree is entitled also to
a person who has reached at least 18 years of age, has permanent residence in the territory of the United
Republic and the disability for disability of the third degree, if this
disability arose before reaching 18 years of age, and this person has not been
not have insurance for the required period (section 40). For disability of the third
degree for the purposes of the first sentence also means such a restriction of physical,
sensory or mental abilities, which results in the inability to
systematic training to the working application. In the assessment of disability
for the purposes of entitlement to a disability pension for disability of the third degree
in the first sentence does not perform compared with the situation that has been with the person
referred to in the first sentence before the emergence of long-term adverse health
State (§ 39, paragraph 3, second sentence). ".
56. In § 42 para. 2 the first sentence, the word "full" is deleted.
57. In § 42 para. 3 the words "full" and "full" be deleted, the words "invalidity
pension "are replaced by" invalidity pension for disability of the third
the degree of "and the words" If this "are replaced by" invalidity pension
second degree invalidity of at least half of the amounts provided for
referred to in paragraph 2 and to the disability pension for disability of the first degree
at least a third of the amount determined pursuant to paragraph 2, if the
disability ", the word" whole "shall be deleted and the word" attendance "
the words "until the age of 18 years and after the age of 18 years for
the first 6 years of this study ".
58. In § 42 paragraph 4 is added:
"(4) the insured person who, on the date on which entitlement to invalidity pension earned
at least 15 years, the periods of insurance referred to in § 11 and § 13 para. 1, belongs to the
the percentage amount of the invalidity pension of at least the amount laid down by the
paragraph 2, in the case of a disability pension for disability of the third degree,
at least half of the amount determined pursuant to paragraph 2, in the case of
disability pension for disability of the second degree, and at least in the amount of
a third of the amount determined pursuant to paragraph 2, in the case of invalidity pension
for disability of the first degree. ".
59. under the fourth head of the third including the title.
60. In § 49 paragraph 1. 1 (b). and) the words ", full disability, or
a partial "replaced by the word" or ".
61. In § 49 paragraph 1. 1 (b). (b)), the word "full" is deleted.
62. In § 50 para. 2 letter d) is added:
"(d)) is disabled in the third degree, or".
63. In § 50 para. 2 (a). e), the words "55 years of age" shall be replaced by
"at least the age of 4 years lower than the retirement age determined in accordance with
section 32 for men of the same date of birth ".
64. In § 50 para. 7, the words "with the fact that the age referred to in paragraph 2 (a). (e))
is 58 years or retirement age, if the retirement age is lower "shall be deleted.
65. In article 51, paragraph 2 reads as follows:
"(2) the amount of the percentage amount of the widow's and widower's pension is 50%
percentage amount of old-age pension or invalidity pension for
third-degree invalidity, on which he had, or would have been entitled husband
(wife) at the time of death. ".
66. In paragraph 51, the following paragraph 3 is added:
"(3) the amount of the percentage amount of the widow's and widower's pension to which the
was again a claim according to § 50 para. 4, shall not be less than the percentage
amount of the widow's or widower's pension, which belonged to the date of termination of
entitlement to the pension. ".
67. In § 52 para. 1 the words "full disability or partial"
shall be replaced by the word "or" and the word "full" shall be deleted.
68. In § 53 paragraph 2 reads as follows:
"(2) the amount of the percentage amount of orphan's pension is 40% the percentage amount
old-age pension or invalidity pension for disability of the third
the degree to which he had, or would have been entitled at the time of death of the deceased. ".
69. In paragraph 53, the following paragraph 3 is added:
"(3) if the claim has lapsed to an orphan's pension, therefore, that the child has ceased to be
dependent and is entitled to an orphan's pension emerged again as a condition
nezaopatřenosti was met again, may not be the amount of the percentage amount
the orphan's pension is less than the percentage amount that orphan's pension
belonged to the date of termination of entitlement to the pension. ".
70. in § 54 para. 3, the word "above" is replaced by "the percentage amount and
basic amount ".
71. In § 56 para. 1 (b)):
"(b)) a pension has been granted or is paid at a lower amount than what
belongs to, or has been wrongly denied or granted from the later
data than from what belongs, the pension will increase or be granted as from the date on
from which a pension or increase it belongs. Pension or an increase in the
in doing so, pays a maximum of five years from the date of the finding or the application of
pension entitlement or increase it; for the running of this period, § 55 para.
2 the second sentence and the third likewise. Pension or its increase, however, will
from the date on which the pension or increase it belongs, in the case that the pension
has not been granted or has been paid at a lower amount than what belongs, or
He was wrongly denied or granted from a later date than the
out what belongs, due to improper procedure, the authority of the social
Security ".
72. In § 56 para. 2 the words "full disability or partial" and
the words "wholly or partly" are deleted.
73. In paragraph 58, the words "full disability or partial" are replaced by
the word "or".
74. In article 59 paragraph 2. 1 the first sentence, the words "full disability or
a partial "replaced by the word" or ".
75. under the fourth head of the sixth for the second part of the third piece is inserted,
that including the title reads as follows:
"Part of the third
Conversion of invalidity pension to old-age pension
§ 61a
(1) the entitlement to invalidity pension shall cease on the date on which the beneficiary has reached the
the age of 65 years; that date is created this will be entitled to an old-age
pension.
(2) old-age pension to which the entitlement referred to in paragraph 1, shall be in
of which belonged to the current disability pension. For the purpose of increasing the
This old-age pension under section 67 date of retirement
the pension shall be the date on which the current disability pension has been granted.
(3) entitlement to the old-age pension referred to in paragraph 1 shall not preclude a claim to
old-age pension pursuant to § 29 para. 1, 2 or 3. ".
The present third and fourth parts are referred to as the fourth and fifth parts.
76. In paragraph 64, the following paragraph 4 is added:
"(4) the beneficiary of the pension paid in cash by the holder of the
the postal licence shall bear the cost of the payer of the pension payments for vouchers
the pension paid at regular intervals. The first sentence does not apply in
If the creditor a pension was awarded prior to the 1. January 2010 and this
the creditor is from 31. December 2009 continuously entitled to at least 1
pension. The payer of income is required to the amount of the costs referred to in the first sentence
publish. ".
77.
cancelled
78. In article 65 paragraph 1. 2 the words "the full invalidity and partial invalidity pension
awarded for partial or full disability "shall be replaced by
"Invalidity pension for".
79. In § 71 para. 4, the words "§ 41 para. 3 "shall be replaced by the words" § 41 para.
4. "
80. In article 89, paragraph 3 shall be deleted.
81. In section 105a of the paragraph. 1 the first sentence, the words "full disability or
a partial "replaced by the word" or ".
82. In § 108 paragraph. 1 (b)):
"(b)) and the assessment of the percentage rate of decrease in capacity for work, what
means a completely extraordinary conditions, under which the insured person whose
working capacity decreased by at least 70%, capable of gainful employment,
and the method of assessment and the use of the retained capacity to work under § 39
paragraph. 4 (b). e),“.
83. In § 108 paragraph. 1 (b). (d)), the words "for the period from 1. January 1996 "
shall be deleted.
84. the following annex to the Act, which reads as follows:
"Appendix to Act No. 155/1995 Coll.
Retirement age insured persons born in the years 1936-1968
+----------+---------- --------------------------------------------------------------------+
| Year | The retirement age is u |
| birth | |
| | |
| +---------- +-------------------------------------------------------------------+
| | men | women with the number of children raised |
| | +----------+---------+----------+----------+----------+-------------+
| | | 0 | 1 | 2 | 3 | 4 | 5 and more |
+----------+---------- +----------+---------+----------+----------+----------+-------------+
| 1936 | 60R + 2 m | 57r | 56r | 55r | 54r | 54r | 53r |
| 1937 | 60R + 4 m | 57r | 56r | 55r | 54r | 54r | 53r |
| 1938 | 60R + 6 m | 57r | 56r | 55r | 54r | 54r | 53r |
| 1939 | 60R + 8 m | 57r + 4 m | 56r | 55r | 54r | 54r | 53r |
| 1940 | 60R + 10 m | 57r + 8 m | 56r + 4 m | 55r | 54r | 54r | 53r |
| 1941 | 61r | 58R | 56r + 8 m | 55r + 4 m | 54r | 54r | 53r |
| 1942 | 61r + 2 m | 58R + 4 m | 57r | 55r + 8 m | 54r + 4 m | 54r + 4 m | 53r |
| 1943 | 61r + 4 m | 58R + 8 m | 57r + 4 m | 56r | 54r + 8 m | 54r m + | + 53r 4 m |
| 1944 | 61r + 6 m | 59r | 57r + 8 m | 56r + 4 m | 55r | 55r | 53r + 8 m |
| 1945 | 61r + 8 m | 59r + 4 m | 58R | 56r + 8 m | 55r + 4 m | 55r + 4 m | 54r |
| 1946 | 61r + 10 m | 59r + 8 m | 58R + 4 m | 57r | 55r + 8 m | 54r m + | + 4 m 54r |
| 1947 | 62R | 60R | 58R + 8 m | 57r + 4 m | 56r | 56r | 54r + 8 m |
| 1948 | 62R + 2 m | 60R + 4 m | 59r | 57r + 8 m | 56r + 4 m | 56r + 4 m | 55r |
| 1949 | 62R + 4 m | 60R + 8 m | 59r + 4 m | 58R | 56r + 8 m | 56r + 8 m | + 4 m 55r |
| 1950 | 62R + 6 m | 61r | 59r + 8 m | 58R + 4 m | 57r | 57r | 55r + 8 m |
| 1951 | 62R + 8 m | 61r + 4 m | 60R | 58R + 8 m | 57r + 4 m | 57r + 4 m | 56r |
| 1952 | 62R + 10 m | 61r + 8 m | 60R + 4 m | 59r | 57r + 8 m | 57r + 8 m | + 4 m 56r |
| 1953 | 63r | 62R | 60R + 8 m | 59r + 4 m | 58R | 58R | 56r + 8 m |
| 1954 | 63r + 2 m | 62R + 4 m | 61r | 59r + 8 m | 58R + 4 m | 58R + 4 m | 57r |
| 1955 | 63r + 4 m | 62R + 8 m | 61r + 4 m | 60R | 58R + 8 m | 58R + 8 m | + 4 m 57r |
| 1956 | 63r + 6 m | 63r | 61r + 8 m | 60R + 4 m | 59r | 59r | 57r + 8 m |
| 1957 | 63r + 8 m | 63r + 4 m | 62R | 60R + 8 m | 59r + 4 m | 59r + 4 m | 58R |
| 1958 | 63r + 10 m | 63r + 8 m | 62R + 4 m | 61r | 59r + 8 m | 59r + 8 m | + 4 m 58r |
| 1959 | 64r | 64r | 62R + 8 m | 61r + 4 m | 60R | 60R | 5Sr + 8 m |
| 1960 | 64r + 2 m | 64r + 2 m | 63r | 61r + 8 m | 60R + 4 m | 60R + 4 m | 59r |
| 1961 | 64r + 4 m | 64r + 4 m | 63r + 4 m | 62R | 60R + 8 m | 60R + 8 m | 59r + 4 m |
| 1962 | 64r + 6 m | 64r + 6 m | 63r + 8 m | 62R + 4 m | 61r | 61r | 59r + 8 m |
| 1963 | 64r + 8 m | 64r + 8 m | 64r | 62R + 8 m | 61r + 4 m | 61r + 4 m | 60R |
| 1964 | 64r + 10 m | 64r + 10 m | 64r + 4 m | 63r | 61r + 8 m | 61r + 8 m | + 4 m 60r |
| 1965 | 65r | 65r | 64r + 8 m | 63r + 4 m | 62R | 62R | 60R + 8 m |
| 1966 | 65r | 65r | 65r | 63r + 8 m | 62R + 4 m | 62R | 61r |
| 1967 | 65r | 65r | 65r | 64r | 62R + 8 m | 62R | 61r + 4 m |
| 1968 | 65r | 65r | 65r | 64r | 63r | 62R | 61r + 8 m |
+----------+---------- +----------+---------+----------+----------+----------+-------------+
Explanatory notes:
"r" indicates the year
"m" means calendar month ".
Article. (II)
Transitional provisions
1. claims for pensions which arose before 1. January 2010 and on which
to this day it has not been finally decided, and to grant, withdrawal or
change of the amount of those pensions for the period prior to that date, although no longer about them
It was finally decided, will be decided according to the law
effective before that date.
2. participation in the pension insurance and pension insurance periods and
of compensatory pension insurance gained 1. January 2010
evaluated according to the effective legislation before that date.
3. Compensatory pension insurance gained 1. January 2010
be included for entitlement to a pension in full, in the case of
insured persons who are entitled to a pension a year ago 2019.
4. entitlement to a retirement pension in accordance with section 30 of Act No. 155/1995 Coll., on
Pension Insurance Act, in the version in force until the date of entry into force of this
of the Act, the amount and the conditions for the payment from the date of effectiveness of this
the law, to be judged according to the law on pension insurance, in the version in force
to the effective date of this Act.
5. When the person entitled to a full disability or partial disability
retirement age of 65 years before the 1. in January 2010, the entitlement to this pension
on 1 January 2004. January 1, 2010; that date is created this will be entitled to
old-age pension, of which belonged to his former income.
The payer of income shall, by 31 March. January 2010 send
beneficiaries of the retirement pension referred to in the first sentence written notice
about termination of entitlement to a full disability or partial disability pension and
entitlement to old-age pension and the amount thereof. For the purpose of increasing the
This old-age pension, retirement pension
shall be the date on which the existing full disability status has been granted, or
partial disability pension. Entitlement to a pension pursuant to the first sentence
does not preclude entitlement to a retirement pension in accordance with § 29 para. 1, 2 or 3 of the law
the Pension Insurance Act, in the version in force from the date of entry into force of
of this Act. 6. If you are entitled to a widow's, widower's or orphan's pension
which has been awarded prior to the 1. January 2010, subject to the nezaopatřeností of the child
and the child is 31. December 2009 beneficiary full disability
income, does not apply to this child the provisions of § 20 para. 6 of the Act on
Pension Insurance Act, in the version in force from the date of entry into force of this
the law.
7. Where entitlement to a widow's or widower's pension 1. January 2010,
entitlement to this pension remains preserved after 31 December 2006. December 2009, if
a widow has reached 1. January 2010 age 55 years or retirement age,
If the retirement age is lower, and the widower had reached 1. January 2010 age 58
years or retirement age, if the retirement age is lower. If the extinction of the
entitlement to a widow's or widower's pension 1. or after 31 January 2010.
December 2009, but it is the pensions awarded before 1. January
2010, is entitled to a widow's or widower's pension after 31 December 2006. December
2009, subject to the conditions provided for by law on pension insurance, in
the version in force until the date of entry into force of this Act.
8. the Full invalidity pension to which entitlement has accrued prior to 1. January 2010,
of which belonged to 31. December 2009, considers the 1. January
2010 for the disability pension for disability of the third degree. Partial
invalidity pension to which entitlement has accrued prior to 1. in January 2010, with the exception of
the partial disability pension as referred to in point 9, the amount of which
belonged to 31. December 2009, considers the 1. January 1, 2010 for the
disability pension for disability of the second degree, if it was the reason for the partial
the continuous decrease in the ability of disability employment at least 50
%, and for the disability pension for disability of the first degree in the other
cases. Per day of disability pension for disability of the third
degree in the first sentence shall be the date from which has been granted full
disability pension; per day of disability pension for disability
the second degree or for disability under the second sentence of the first instance is
shall be the date from which a partial disability pension was awarded. The payer
the pension shall, not later than 31 December 2006. January 2010 send to the beneficiaries
the invalidity pension referred to in the first sentence and the second written notice of
whether it is a disability pension for disability of the third degree, for
disability or invalidity of the second degree in the first degree.
The provisions of the first sentence, and with the exception of changes to the amount of the pension provisions
the second sentence applies, if it is not based on medical examinations
held after 31 December 2005. December 2009 determined a different degree of disability and released
decision on invalidity pension for a different degree of disability.
9. Partial disability pension, which was established on 1 January 1993. January 1996
claim under § 89 paragraph 1. 1 of the Act on pension insurance, amounting, in
until to 31. December 2009, considers the 1. January 1, 2010 for the
disability pension for disability of the first degree. Pension referred to in the sentence
First, you cannot withdraw; the provisions on the overlapping of rights to pensions and their
payment not yet affected. For the day of disability pension
in the first sentence shall be the date on which the pension has been granted for the
výsluhu years, which according to § 89 paragraph 1. 1 of the Act on pension insurance
considered from 1. January 1996 for a partial disability pension. The provisions of the
the fourth sentence of paragraph 8 applies here mutatis mutandis.
10. Full disability, that takes to 31. December 2009, shall be deemed to
from the 1. January 1, 2010 for the invalidity of the third degree. Partial invalidity,
that takes to 31. December 2009, is considered to be from 1. January 1, 2010 for the
disability of the second degree, if the reason was the partial invalidity of the decline
the abilities of continuous employment of at least 50%, and disability
of first instance in other cases.
11. If a partial disability pension granted taking into account the
the international treaty and partial disability was assessed in accordance with
Czech legislation, the partial invalidity per partial
disability due to a decline in the ability to continuous employment
at least 50%.
12. The assessment of disability in disability pensions referred to in point 8 of the sentence
the first and the second from 1. governed by the law of 1 January 2010 effective from
to this day.
13. If the full invalidity pension awarded prior to the 1. January 2010 and
the first medical examination held after 2009 is detected
a degree of disability which has the effect of reducing the amount of invalidity
pension, invalidity pension shall be reduced until the thirteenth instalment
the pension payable after the date of this tour. If the partial
invalidity pension awarded prior to the 1. January 2010 and when the medical
the tour held after 2009 is detected a degree of disability,
that should result in a reduction in the amount of the invalidity pension is a matter
the amount of the invalidity pension.
14. For the period from 1. in January 2009, the pension increase will in his or
the amount of the pension, which belonged properly to the extent provided not more than
legislation, effective as of 31. December 2008.
15. If old-age or invalidity pension awarded prior to the 1. July
2009 to the insured person, who satisfies the conditions referred to in article 19(a)(1). 1 of the law
No. 155/1995 Coll., on pension insurance, in the version in force from 1 January.
July 2009, allocated at the request of the pension on the date of his return
pursuant to section 19a of Act No. 155/1995 Coll., on pension insurance, as amended by
effective from 1 January 2005. July 2009, and if the pension after that recalculation of higher,
raises the income from payments due in July 2009.
Article. (III)
The publication of the full text of the Act
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
Act No. 155/1995 Coll., on pension insurance, as is apparent from the
later laws.
PART TWO
Amendment of the Act No. 582/1991 Coll.
Article. (IV)
Act No. 582/1991 Coll., on the Organization and implementation of social security,
as amended by Act No. 586/1992 Coll., Act No. 38/1993 Coll., Act No.
160/1993 Coll., Act No. 308/1993 Coll., Act No. 241/1994 Coll., Act No.
118/1995 Coll., Act No. 160/1995 Coll., Act No. 138/1997 Coll., Act No.
306/1997 Coll., Act No. 93/1998 Coll., Act No. 222/1999 Coll., Act No.
356/1999 Coll., Act No. 360/1999 Coll., Act No. 18/2000 Coll., Act No.
29/2000 Coll., Act No. 132/2000 Coll., Act No. 133/2000 Coll., Act No.
155/2000 Coll., Act No. 155/2000 Coll., Act No. 220/2000 Coll., Act No.
238/2000 Coll., Act No. 258/2000 Coll., Act No. 408/2000 Coll., Act No.
116/2001 Coll., the Act No. 353/2001 Coll., Act No. 151/2002 Coll., Act No.
263/2002 Coll., Act No. 265/2002 Coll., Act No. 309/2002 Coll., Act No.
320/2002 Coll., Act No. 519/2002 Coll., Act No. 361/2003 Coll., Act No.
424/2003 Coll., Act No. 422/2003 Coll., Act No. 461/2003 Coll., Act No.
53/2004 Coll., Act No. 167/2004 Coll., Act No. 283/2004 Coll., Act No.
359/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll., Act No.
168/2005 Coll., Act No. 361/2005 Coll., Act No. 381/2005 Coll., Act No.
413/2005 Coll., Act No. 24/2006 Coll., Act No. 70/2006 Coll., Act No.
81/2006 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll., Act No.
161/2006 Coll., Act No. 189/2006 Coll., Act No. 216/2006 Coll., Act No.
267/2006 Coll., Act No. 342/2006 Coll., Constitutional Court,
the declared under no. 405/2006 Coll., Act No. 585/2006 Coll., Act No.
152/2007 Coll., Act No. 181/2007 Coll., Act No. 261/2007 Coll., Act No.
270/2007 Coll. and Act No. 296/2007 Coll., is amended as follows:
1. In § 3a paragraph 2. 4, the words "more detailed adjustment" shall be replaced by
"Adjustment" and the words "the Director of the Czech social security administration,
the approval of the Minister "shall be replaced by the word" Minister ".
2. In article 6 (1). 4 (d)):
"d) recommend within the control of the medical examination (§ 8 paragraph. 2)
the inclusion of the employment rehabilitation pursuant to the Act on employment of physical
persons who ceased to be an invalid, ".
3. In section 6 (1). 4 (b). with) the words "wholly or partly" are deleted.
4.-6.
cancelled
7. In § 8 para. 8 the first sentence, the words "or benefits or social services
care "shall be deleted.
8.-11.
cancelled
12. in § 9 para. 1 introductory part of the provisions, the words "in the scope of their
the scope of controls, checks and their bodies carried out pension insurance "
replaced by the words "carried out by the pension insurance".
13. in § 9 para. 1 (b). (b)), the words "and members of other
armed security forces and security services (hereinafter referred to as
"members of the police of the Czech Republic") ' shall be replaced by ", members of the
The security intelligence service and members of the Office for foreign relations
and information ".
14. in § 9 para. 2 the words "the police of the Czech Republic" shall be replaced by
"referred to in paragraph 1 (b). (b)) ".
15. in § 9 para. 2 (a). (b)), point 3, the words "full disability or
a partial "and the words" fully or partially disabled "are deleted.
16. in § 9 para. 4 the words ' full invalidity and partial "are deleted.
17. In section 14 is at the end of paragraph 2 the following sentence "the institutions of social
provide security on the data obtained in the implementation of the pension
insurance departments or other administrative authorities to fulfil the tasks
arising for them from the law of European Community and international
contracts. ".
18 and 19.
cancelled
20. in section 35a of the paragraph. 4 (b). (c)), the words "full disability or
a partial "replaced by the word" or ".
21. in § 37 para. 1 (b). g), the words "full disability or partial
disability pension and who pays it, the kind of old-age pension (section 29, 30,
31, 74, 74a, 76 and 94 of the Act on pension insurance) "shall be replaced by
"or an invalidity pension and who pays it, the kind of old-age pension (section
29, 30, 31, 61, 74, 74a, 76 and 94 of the Act on pension insurance) ".
22. In article 37, paragraph 4 shall be deleted.
Paragraphs 5 to 8 shall become paragraphs 4 to 7.
23. in § 37 para. 5 the third sentence with the number "5" shall be replaced by the number "4".
24. In § 37 para. 6 second sentence with the number "5" shall be replaced by the number "4".
25. In § 38 paragraph 1(a). 1, the second sentence shall be deleted.
26. in § 39 para. 5, the words "full disability or partial" are deleted.
27. in paragraph 38, paragraph 1 shall be deleted.
Paragraphs 2 to 8 shall be renumbered 1 to 7.
28. in § 39a para. 5 (a). 7 ' 4 and 5 "are replaced by" 3 and 4 ".
29. in § 39a para. 6, the words "1-3" shall be replaced by "1 and 2".
30. section 40 reads as follows:
"§ 40
Legal persons or organizational units of the State or their components
performing activities of secondary schools, colleges or
at the Conservatory and the College shall, at the request of the authority of the social
security or the insured person for the purposes of pension insurance issue
written confirmation of the form and the time of the study, including information on the insured person's
the start and end, or gap year, if in accordance with the
the law on Archives and records service shall keep the documents containing the
These data. This certified statement shall be issued within 8 days from the date of receipt of the
the request for his extradition. "
31. in § 41 para. 1 the term "regulations" shall be replaced by the words "§ 37 para. 2
the law "and footnote # 57, including a link to this note under
the line is deleted.
32. In paragraph 43 of the second sentence, the words "§ 39a para. 1 and 6 "shall be deleted.
33. In paragraph 45 the first sentence, the words "of the armed security forces and
the security services "are replaced by the words" fire brigade
The United States, the security information service and the Office for foreign
contacts and information ".
34. In § 48 para. 1 (b). e), the words "full disability or
a partial "are deleted.
35. In paragraph 53, at the end of paragraph 2 the following sentence "the beneficiary
pension insurance conditional adverse health conditions, as well as
an applicant for this benefit are obliged to challenge the authority of the social
Security for the purposes of assessing their labour skills to present
medical findings of doctors that they have, and to communicate the information about
education, experience and knowledge, previous earning
activities and the changes in the communicated the facts that occurred from
the previous assessment of the decline in working capacity, within the time limit
referred to in paragraph 1. ".
36. In article 81 paragraph 1. 3, the second and third sentence shall be deleted.
37. In paragraph 81, the following paragraph 4, including the footnotes.
the 60 d is added:
"(4) the procedure for conversion of invalidity pension to old-age důchod60d)
initiated ex officio.
60 d) of section 61a of the Act No 155/1995 Coll., as amended by Act No. 306/2008 Coll. ".
38. In section 82 para. 4, the words "three months" are replaced by "4 months".
39. In § 83 para. 1, the first sentence of the following sentence "the district administration
social security is required of the citizen when drafting the application for benefit
inform you of the amount of the pension costs of the payment of benefits in the
cash through the postal license holder; This obligation
does not apply in the case referred to in § 64 para. 4 second sentence of the law on
pension insurance. ".
40. In § 83 para. 1 third sentence, after the word "first", the words "and
the second ".
41. In § 83 para. 2 at the end of the text of the letter b), the words ",
It is a condition of payment of the retirement pension negotiation of an employment
the relationship for a limited period ".
42. In paragraph 83, the following paragraph 3 is added:
"(3) in the application for benefit insurance scheme can apply to citizen
the period referred to in article 16(1). 4 second sentence of point (a). a) to (j)) of the
pension insurance considered under section 16(1). 8 of the Act on pension
insurance for the excluded period. In the application under the first sentence States:
which times and which are calendar years has a procedure according to § 16 para. 8
Act on pension insurance concern. ".
43. In section 83b of the paragraph. 2, the words "two months" shall be replaced by "1 month".
44. In § 85a the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the decision on the award of a benefit pension insurance is the authority
social security must give no later than 90 days from the date of
the initiation of proceedings; the provisions of § 71 para. 3 (b). (b)) of the administrative code by
shall not be affected. "
45. In section 86, paragraph 3 reads:
"(3) the Authority deciding on invalidity annuity lists in decision always,
what degree of disability, the date of disability or the date from
where a change to the degree of invalidity, the percentage drop in employment
the ability of the insured, and if the decline in the working capacity of at least 70%,
also indicate whether the insured person is unable to work for a completely
extraordinary circumstances, the designation of the authority, which assessed the State of health and
working capacity of the insured person and the date of the assessment, and in the case of
an accident at work or occupational disease, whether or not the fact that disability
formed as a result of an accident at work or an occupational disease. ".
46. In paragraph 86 of the text at the end of paragraph 4, the words "and at the same time
cancels the previous decision ".
47. In paragraph 86, the following paragraph 5 is added:
"(5) the person entitled may, within 30 days from the date of notification of the decision of the Czech administration
social security, in writing, request that the period referred to in section 16 of the
paragraph. 4 second sentence of point (a). a) to (j)) of the Act on pension insurance
considered according to § 16 para. 8 of the Act on pension insurance for
excluded time; on the basis of this request, the Czech administration of social issues
new security decisions and at the same time cancels the previous decision.
The provisions of § 83 para. 3 the second sentence applies here yet. The request of the
under the first sentence can be given even if the if the request referred to in section 83
paragraph. 3 the first sentence. A request under the first sentence may be empowered to
in the case of granting more than twice on the same income; in so doing, it may request the
also about that time specified in § 16 para. 4 second sentence of point (a). a) to (j))
Act on pension insurance for the excluded did not consider the time. ".
48. In paragraph 90, para. 1 (b). a), the words "and increase income for impotence"
shall be deleted.
49. In paragraph 90, para. 1, letter a) the following new subparagraph (b)), which read as follows:
"(b)) to be sent according to the opinions section 8 paragraph 1. 10 the first sentence, and article 16a para. 5, ".
Letter b) is renumbered as paragraph (c)).
50. in paragraph 110 of paragraph 1. 1 the first sentence, after the words "United States"
the words "or the fire brigade of the United States".
51. In article 110 paragraph 2. 1, the first sentence shall be inserted after the phrase "member of the
Security information service and the surviving after this national
application for pension insurance benefit for security information
the service. Member of the Office for foreign relations and information, and the surviving
After this application for a dose of national pension insurance for
The Office for foreign relations and information. ".
52. In paragraph 110, the following shall be added at the end of paragraph 4, the phrase "the provisions of § 83 para.
1 third sentence applies to the departments and the authorities referred to in the first sentence accordingly.
The authorities and bodies referred to in paragraphs 1 and 2, which actually made the request for
the dose of pension insurance, shall transmit without delay the application
to the competent social security body or Ministry of the Interior
The Ministry of Justice. ".
53. In paragraph 110 of paragraph 1. 5 the first sentence, the words "full disability or
a partial "replaced by the word" or ".
54. In paragraph 112, the words "with the exception of sections 82, 83, § 88 para. 2 and 3, § 109 "
replaced by the words "with the exception of § 82, § 83 para. 1 the first sentence and the second, § 83
paragraph. 2, § 88 para. 2 and 3 and § 109 ".
55. In paragraph 115 of the second sentence, the words "full disability or partial"
shall be replaced by the word "or" and the words "full disability, partial"
shall be replaced by the word "or".
56. In paragraph 115 of the fourth sentence, the words "full disability or
a partial "replaced by the word" or ".
57. In section 115 a of paragraph 1 reads:
"(1) If a dispute arises as a result of the procedure according to § 86 para. 4 and 5 of the overpayment,
automatically renewed, together with an additional charge of the newly established amount of the pension, or shall be paid
deductions from the amount of the pension. In the first sentence shall be treated in
when reducing the amount of the pension of the Czech pension insurance in the
as a result of a procedure under the regulation directly applicable European
community or international treaties. The provisions of § 118 paragraph. 4 is not
procedure referred to in the first sentence and the second prejudice. ".
58. In article 127, paragraph 1, the following paragraph 2 is added:
"(2) the Ministry shall issue a decree to implement section 8 (2). 10 the first sentence. ".
The former paragraph 2 becomes paragraph 3.
Article. In
Transitional provisions
1. If the proceedings on the claim to full disability or partial disability
pension was initiated before 1. January 2010 and not before this date
been completed, according to the law effective at the date of
December 31, 2009, when the full disability or partial disability
It was founded before the 1. January 2010.
2. The provisions of § 8 para. 10 the first sentence of the Act No. 582/1991 Coll., on the
Organization and implementation of social security, in the version in force from the date of
entry into force of this Act, does not apply to sending copies
those reports, which were released before 1. January 2010.
PART THREE
cancelled
Article. (VI)
cancelled
PART FOUR
Amendment of the Act No. 98/1987 Coll.
Article. (VII)
Law No. 98/1987 Coll., on the special contribution of the miners, as amended by law
No 160/1989 Coll., Act No. 258/2000 Coll. and Act No. 262/2006 Coll.,
be amended as follows:
1. In paragraph 3 (b). a), the words "invalidity pension" are replaced by the words
"pension or disability pension for disability of the third degree" and the words
"partial invalidity pension" are replaced by "invalidity pension for
disability of the first or second degree ".
2. in § 5 para. 6, the words "partial invalidity pension" are replaced by
the words "invalidity pension for disability of the first or second degree".
PART FIVE
Amendment of the Act No. 586/1992 Coll.
Article. (VIII)
Act No. 586/1992 Coll., on income taxes, as amended by Act No. 35/1993
Coll., Act No. 96/1993 Coll., Act No. 156/1993 Coll., Act No. 196/1993
Coll., Act No. 323/1993 Coll., Act No. 42/1994 Coll., Act No. 85/1994
Coll., Act No. 114/1994 Coll., Act No. 266/1994 Coll., Act No. 32/1995
Coll., Act No. 87/1995 Coll., Act No. 118/1995 Coll., Act No. 149/1995
Coll., Act No. 247/1995 Coll., Act No. 314/1996 Coll., Act No. 18/1997
Coll., Act No. 151/1997 Coll., Act No. 209/1997 Coll., Act No. 209/1997
Coll., Act No. 227/1997 Coll., Act No. 111/1998 Coll., Act No. 148/1998
Coll., Act No. 167/1998 Coll., Act No. 333/1998 Coll., Act No. 63/1999
Coll., Act No. 129/1999 Coll., Act No. 144/1999 Coll., Act No. 169/1999
Coll., Act No. 222/1999 Coll., Constitutional Court, declared under no.
3/2000 Coll., Act No. 17/2000 Coll., Act No. 27/2000 Coll., Act No.
72/2000 Coll., Act No. 100/2000 Coll., Act No. 101/2000 Coll., Act No.
121/2000 Coll., Act No. 132/2000 Coll., Act No. 242/2000 Coll., Act No.
340/2000 Coll., Act No. 492/2000 Coll., Act No. 115/2001 Coll., Act No.
120/2001 Coll., Act No. 239/2001 Coll., Act No. 452/2001 Coll., Act No.
483/2001 Coll., Act No. 50/2002 Coll., Act No. 128/2002 Coll., Act No.
198/2002 Coll., Act No. 210/2002 Coll., Act No. 260/2002 Coll., Act No.
309/2002 Coll., Act No. 575/2002 Coll., Act No. 161/2003 Coll., Act No.
362/2003 Coll., Act No. 441/2003 Coll., Act No. 19/2004 Coll., Act No.
47/2004 Coll., Act No. 49/2004 Coll., Act No. 256/2004 Coll., Act No.
280/2004 Coll., Act No. 359/2004 Coll., Act No. 360/2004 Coll., Act No.
436/2004 Coll., Act No. 561/2004 Coll., Act No. 628/2004 Coll., Act No.
669/2004 Coll., Act No. 676/2004 Coll., Act No. 179/2005 Coll., Act No.
217/2005 Coll., Act No. 340/2005 Coll., Act No. 361/2005 Coll., Act No.
441/2005 Coll., Act No. 530/2005 Coll., Act No. 545/2005 Coll., Act No.
552/2005 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll., Act No.
109/2006 Coll., Act No. 112/2006 Coll., Act No. 179/2006 Coll., Act No.
189/2006 Coll., Act No. 203/2006 Coll., Act No. 223/2006 Coll., Act No.
245/2006 Coll., Act No. 262/2006 Coll., Act No. 262/2006 Coll., Act No.
29/2007 Coll., Act No. 67/2007 Coll., Act No. 160/2007 Coll., Act No.
261/2007 Coll., Act No. 296/2007 Coll., Act No. 362/2007 Coll. and act
No. 126/2008 Coll., is amended as follows:
1. In article 6 (1). 9 (a). p), the words "invalidity pension" are replaced by
the words "invalidity pension for disability of the third degree", and the words "fully
disability "shall be replaced by the words" disability in the third degree ".
2. in article 15, paragraph 2. 1 the first sentence and section 20 (2). 8 the first sentence, the words
"a partial or full" are deleted.
3. In section 35ba paragraph. 1 (b). (c)), the words "partial disability pension"
replaced by the words "invalidity pension for disability of the first or second
degree "and the word" partial "shall be replaced by the word" this ".
4. In section 35ba paragraph. 1 (b). (d)), the words "the full invalidity pension" are replaced by
the words "invalidity pension for disability of the third degree", the words "fully
invalidity pension "are replaced by" invalidity in the third degree "and the words
"full disability pension" are replaced by "invalidity pension
for disability of the third degree ".
5. In section 35 c of paragraph 1. 6 (a). (b)) and in § 38 paragraph 1(a). 4 (b). (c)), the words "full
invalidity pension "are replaced by" invalidity pension for disability
the third degree ".
6. In section 38 l of paragraph 1. 2 (a). (b)), the words "wholly or partly" be deleted and the
the words "full disability or partial disability pension" are replaced by the
the words "invalidity pension for disability of the first or second degree, or
disability pension for disability of the third degree ".
7. in section 38 l of paragraph 1. 2 (c)):
"(c) the tax administrator of the appropriate confirmation) according to the place of residence of the taxpayer
that the taxpayer receives another pension from the pension insurance ^ 43)
which one of the conditions is that the Declaration is invalid in the third degree,
or about the fact that he disappeared right to disability pension for disability
the third degree because of overlapping entitlement to payment of the disability pension and
old-age pension, or if the taxpayer in the third degree,
However, his application for disability pension for disability of the third degree was
rejected for reasons other than because it is not disabled in the third
instance, ".
8. In section 38 l of paragraph 1. 3 (b). e), the words "the full invalidity pension" are replaced by
the words "invalidity pension for disability of the third degree".
PART SIX
Amendment to Act No. 586/1992 Coll.
Article. (IX)
Act No. 589/1992 Coll., on social security and the contribution of the
the State employment policy, as amended by 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.
Act No. 152/1995 Coll., Act No. 160/1995 Coll., Act No. 113/1997 Coll.
Act No. 138/1997 Coll., Act No. 306/1997 Coll., Act No. 18/2000 Coll.
Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000 Coll.
Act No. 220/2000 Coll., Act No. 242/2000 Coll., Act No. 492/2000 Coll.
the Act No. 353/2001 Coll., the Act No. 261/2002 Coll., Act No. 309/2002 Coll.
Act No. 361/2003 Coll., Act No. 424/2003 Coll., Act No. 425/2003 Coll.
Act No. 441/2003 Coll., Act No. 186/2004 Coll., Act No. 283/2004 Coll.
Act No. 359/2004 Coll., Act No. 435/2004 Coll., Act No. 168/2005 Coll.
Act No. 253/2005 Coll., Act No. 361/2005 Coll., Act No. 377/2005 Coll.
Act No. 62/2006 Coll., Act No. 189/2006 Coll., Act No. 262/2006 Coll.
Act No. 585/2006 Coll., Act No. 153/2007 Coll., Act No. 181/2007 Coll.
Act No. 261/2007 Coll. and Act No. 296/2007 Coll., is amended as follows:
1. in § 5 para. 2 (a). f), the words "or full disability pension"
replaced by the words "a retirement or invalidity pension for disability
the third degree ".
2. In section 5b of the paragraph. 2 (a). (b)) the third sentence, the words "or full disability
pension "are replaced by" retirement or invalidity pension for
third-degree invalidity ".
PART SEVEN
Amendment to Act No. 586/1992 Coll.
Article. X
Act No. 592/1992 Coll., on premiums for general health insurance, in
amended by Act No. 10/1993 Coll., Act No. 15/1993 Coll., Act No. 166/1993
Coll., Act No. 333/1993 Coll., Act No. 42/1994 Coll., Act No. 241/1994
Coll., Act No. 58/1995 Coll., Act No. 145/1996 Coll., Act No. 48/1997
Coll., Act No. 125/1998 Coll., Act No. 29/2000 Coll., Act No. 118/2000
Coll., Act No. 258/2000 Coll., Act No. 492/2000 Coll., Act No. 137/2001
Coll., Act No. 48/2002 Coll., Act No. 176/2002 Coll., Act No. 309/2002
Coll., Act No. 424/2003 Coll., Act No. 437/2003 Coll., Act No. 461/2003
Coll., Act No. 53/2004 Coll., Act No. 435/2004 Coll., Act No. 123/2005
Coll., Act No. 381/2005 Coll., Act No. 413/2005 Coll., Act No. 545/2005
Coll., Act No. 62/2006 Coll., Act No. 115/2006 Coll., Act No. 189/2006
Coll., Act No. 216/2006 Coll., Act No. 262/2006 Coll., Act No. 261/2007
Coll. and Act No. 296/2007 Coll., is amended as follows:
1. In article 3, paragraph 3. 2 (a). f), the words "or full disability pension"
replaced by the words "a retirement or invalidity pension for disability
the third degree ".
2. In article 3, paragraph 3. 7, the words "or partial disability" shall be deleted.
3. footnote No 11 c:
"11 c) section 38 of the Act No 155/1995 Coll., on pension insurance, as amended by
Act No. 306/2008 Coll. ".
PART EIGHT
Amendment of the Act No. 42/1994 Coll.
Article. XI
In § 21 para. 1 (b). b) of Act No. 42/1994 Coll. on supplementary pension insurance
with State support, and on changes of some acts related to its
the introduction, the words "full disability pension from the pension
insurance "are replaced by" invalidity pension from the pension insurance
for disability of the third degree ".
Article. (XII)
Transitional provision
If the pension plans approved before 1. January 2010 for disability
Board as a condition of entitlement granting full disability pension, the
from the 1. January 1, 2010 for the granting of full disability pension award
disability pension for disability of the third degree.
PART NINE
Amendment of the Act No. 117/1995 Sb.
Article. XIII
Act No. 117/1995 Coll., on State social assistance, as amended by Act No.
137/1996 Coll., Act No. 132/1997 Coll., Act No. 242/1997 Coll., Act No.
91/1998 Coll., Act No. 157/1998 Coll., Act No. 360/1999 Coll., Act
118/2000 Coll., Act No. 132/2000 Coll., Act No. 155/2000 Coll., Act No.
492/2000 Coll., Act No. 273/2001 Coll., Act No. 151/2002 Coll., Act No.
309/2002 Coll., Act No. 320/2002 Coll., Act No. 125/2003 Coll., Act No.
362/2003 Coll., Act No. 424/2003 Coll., Act No. 441/2003 Coll., Act No.
453/2003 Coll., Act No. 53/2004 Coll., Act No. 235/2004 Coll., Act No.
315/2004 Coll., Act No. 435/2004 Coll., Act No. 561/2004 Coll., Act No.
124/2005 Coll., Act No. 168/2005 Coll., Act No. 204/2005 Coll., Act No.
218/2005 Coll., Act No. 377/2005 Coll., Act No. 381/2005 Coll., Act No.
552/2005 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll., Act No.
113/2006 Coll., Act No. 115/2006 Coll., Act No. 135/2006 Coll., Act No.
189/2006 Coll., Act No. 216/2006 Coll., Act No. 262/2006 Coll., Act No.
585/2006 Coll., Act No. 213/2007 Coll., Act No. 261/2007 Coll., Act No.
269/2007 Coll., Act No. 379/2007 Coll., Act No. 129/2008 Coll. and act
No 239/2008 Coll., is amended as follows:
1. In article 11 (1) 3 the words "full disability pension from the pension
insurance "are replaced by" invalidity pension from the pension insurance
for disability of the third degree ".
2. in section 22 para. 3, the words "of a partial disability pension from the
pension insurance "are replaced by" invalidity pension from
pension insurance for disability of the first or second degree ".
PART TEN
Amendment of Act No. 48/1997 Coll.
Article. XIV
Act No. 48/1997 Coll., on public health insurance and amending and
certain related laws, as amended by Act No. 242/1997
Coll., Act No. 2/1998 Coll., Act No. 125/1998 Coll., Act No. 225/1999
Coll., Act No. 363/1999 Coll., Act No. 18/2000 Coll., Act No. 132/2000
Coll., Act No. 155/2000 Coll., Act No. 220/2000 Coll., Act No. 258/2000
Coll., Act No. 458/2000 Coll., Act No. 176/2002 Coll., Act No. 198/2002
Coll., Act No. 285/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002
Coll., Act No. 222/2003 Coll., Act No. 274/2003 Coll., Act No. 361/2003
Coll., Act No. 424/2003 Coll., Act No. 422/2003 Coll., Act No. 461/2003
Coll., Act No. 85/2004 Coll., Act No. 359/2004 Coll., Act No. 422/2004
Coll., Act No. 435/2004 Coll., Act No. 435/2004 Coll., Act No. 123/2005
Coll., Act No. 168/2005 Coll., Act No. 251/2005 Coll., Act No. 350/2005
Coll., Act No. 361/2005 Coll., Act No. 47/2006 Coll., Act No. 109/2006
Coll., Act No. 112/2006 Coll., Act No. 115/2006 Coll., Act No. 165/2006
Coll., Act No. 189/2006 Coll., Act No. 216/2006 Coll., Act No. 248/2006
Coll., Act No. 262/2006 Coll., Act No. 340/2006 Coll., constitutional
the Court declared under no. 57/2007 Coll., Act No. 181/2007 Coll., Act
No. 261/2007 Coll., Act No. 296/2007 Coll., Act No. 129/2008 Coll., Act
No. 137/2008 Coll. and Act No. 270/2008 Coll., is amended as follows:
1. In article 7 (2). 1 (b). f), the words "retirement, full disability"
shall be replaced by "a retirement pension, a disability pension for disability
the third degree ".
2. In article 7 (2). 1 (b). k), the words "full disability" shall be replaced by
"disability in the third degree", and the words "full disability pension"
replaced by the words "invalidity pension for disability of the third degree".
PART ELEVEN
Amendment of the Act No. 169/1999 Coll.
Article. XV
In § 69 para. 1 (b). b) of Act No. 169/1999 Coll. on the execution of prison sentence
freedoms and amending certain related laws, with the words "fully
disability "are replaced by" invalidity in the third degree ".
PART TWELVE
Amendment of the Act No. 220/1999 Coll.
Article. XVI
Act No. 220/1999 Coll., on the progress of the base or replacement services, and
military exercises and on certain legal conditions of soldiers in reserve, in
amended by Act No. 128/2002 Coll. and Act No. 413/2005 is amended as follows:
1. In § 62 para. 1, in the first sentence the words "total and permanent disability or
partial "and the words" full disability or partial "shall be deleted and in the
the third sentence, the words "increasing the full disability pension or partial
invalidity pension for impotence or to reduce this "are replaced by
the words "reduction of disability".
2. In § 64 para. 1 and 2, the words "partially disabled" shall be replaced by
"disability in the first or second degree".
3. In § 64 para. 3 the words "full disability" shall be replaced by
"disability in the third degree".
PART THIRTEEN
Amendment of the Act No. 221/1999 Coll.
Article. XVII
Act No. 221/1999 Coll., on professional soldiers, as amended by Act No.
155/2000 Coll., Act No. 134/2002 Coll., Act No. 254/2002 Coll., Act No.
309/2002 Coll., Act No. 361/2003 Coll., Act No. 545/2005 Coll., Act No.
189/2006 Coll. and Act No. 261/2007 Coll., is amended as follows:
1. In § 118 paragraph. 1, in the first sentence the words "total and permanent disability or
partial "," full disability or partial "and the last
shall be deleted.
2. In § 120 paragraph 1. 1, 2 and 3, the words "partially disabled" are replaced by
the words "disability in the first or second degree".
3. In § 120 paragraph 1. 4, the words "full disability" shall be replaced by
"disability in the third degree".
4. In paragraph 134, the words "full or partial disability" shall be deleted and the words
"the retirement pension, full disability pension or partial
the invalidity pension concurrently with earnings "shall be replaced by the word" retirement ".
5. In section 143 paragraph. 4 (b). (b)), the words "full disability pension"
replaced by the words "invalidity pension for disability of the third degree".
6. In section 143 paragraph. 8, the words "total or partial", "wholly or partly"
and "full disability or partial" are deleted.
PART OF THE FOURTEENTH
Amendment of Act No. 222/1999 Coll.
Article. XVIII
In § 26 para. 2 of Act No. 222/1999 Coll., on ensuring the defence of the Czech
Republic, as amended by Act No. 320/2002 Coll., the words "fully disabled
persons "shall be replaced by" a person's disability in the third degree ".
PART FIFTEEN
Amendment of the Act No. 326/1999 Coll.
Article. XIX
In § 87 g para. 1 (b). (c)) of the Act No. 326/1999 SB. on residence of aliens on the
the territory of the Czech Republic and amending certain laws, as amended by Act No.
217/2002 Coll. and Act No. 159/2006 Coll., the words "permanent disability"
replaced by the words "the invalidity of the third degree", and the words "full disability
pension "are replaced by" invalidity pension for disability of the third
degree ".
PART OF THE SIXTEENTH
Amendment of the Act No. 218/2000 Sb.
Article. XX
Act No. 218/2000 Coll. on budgetary rules and amendments
related acts (budgetary rules), as amended by Act No. 493/2000
Coll., Act No. 143/2001 Coll., Act No. 185/2001 Coll., Act No. 320/2001
Coll., Act No. 450/2001 Coll., Act No. 202/2002 Coll., Act No. 320/2002
Coll., Act No. 483/2003 Coll., Act No. 186/2004 Coll., Act No. 257/2004
Coll., Act No. 435/2004 Coll., Act No. 480/2004 Coll., Act No. 1/2005
Coll., Act No. 127/2005 Coll., Act No. 361/2005 Coll., Act No. 377/2005
Coll., Act No. 545/2005 Coll., Act No. 112/2006 Coll., Act No. 130/2006
Coll., Act No. 137/2006 Coll., Act No. 140/2006 Coll., Act No. 230/2006
Coll., Act No. 262/2006 Coll., Act No. 174/2007 Coll., Act No. 218/2007
Coll., Act No. 270/2007 Coll. and Act No. 26/2008 Coll., is amended as follows:
1. In § 48 para. 8, the words "or full invalidity pension" are replaced by
the words "retirement or invalidity pension for disability of the third degree".
2. in section 60, the words "or full invalidity pension" are replaced by the words
"retirement or invalidity pension for disability of the third degree".
PART SEVENTEEN:
Amendment of the Act No. 239/2000 Coll.
Article. XXI
In § 26 para. 2 Act No. 239/2000 Coll., on the integrated rescue
system and amending certain acts, the words "fully disabled people"
replaced by the words "persons disabled in the third degree".
PART EIGHTEEN
Amendment of the Act No. 240/2000 Coll.
Article. XXII
In § 32 para. 2 Act No 240/2000 Coll., on crisis management and amending
Some laws (law of crisis), the words "fully disabled people"
replaced by the words "persons disabled in the third degree".
PART NINETEEN
Amendment of the Act No. 250/2000 Sb.
Article. XXIII
In § 33 para. 3 of the law no 250/2000 Coll. on budgetary rules
local budgets, the words "or full invalidity pension" are replaced by
the words "retirement or invalidity pension for disability of the third degree".
PART TWENTY-
cancelled
Article. XXIV
cancelled
PART OF THE TWENTY-FIRST
Amendment of the Act No. 361/2003 Coll.
Article. XXV
Act No. 361/2003 Coll., on the service relationship of members of security staff
choirs, as amended by Act No. 186/2004 Coll., Act No. 435/2004 Coll., Act
No 586/2004 Coll., Act No. 626/2004 Coll., Act No. 169/2005 Coll., Act
No 253/2005 Coll., Act No. 413/2005 Coll., Act No. 530/2005 Coll., Act
No 189/2006 Coll., Act No. 531/2006 Coll. and Act No. 261/2007 Coll.,
be amended as follows:
1. In § 103 para. 1 the words "full or part" shall be deleted.
2. In § 103 para. 2 the words "full or partial disability" and the words
„ ; to increase the full disability pension shall be disregarded for impotence "
shall be deleted.
3. In paragraph 160, in the first sentence the words "full disability pension, or
a partial "replaced by the word" or ", and the second in the sentence, the words", the full
disability or partial disability pension or on the date of
Edit the partial disability pension concurrently with earnings "are replaced by
the words "or disability pension or a disability pension at the date of modification
When you change the degree of invalidity ".
4. In § 163 para. 1, in the first sentence the words "total or partial" shall be deleted,
in the second sentence, the words "fully or partially invalid, on the award of
full of the invalidity or partial invalidity pension "are replaced by the words
"disability, disability income," and in the third sentence, the words
"full disability pension or partial" are deleted.
PART TWENTY-TWO
Amendment of the Act No. 435/2004 Coll.
Article. XXVI
Act No. 435/2004 Coll., on employment, as amended by law No 168/2005
Coll., Act No. 202/2005 Coll., Act No. 251/2005 Coll., Act No. 350/2005
Coll., Act No. 382/2005 Coll., Act No. 413/2005 Coll., Act No. 428/2005
Coll., Act No 444/2005 Coll., Act No. 495/2005 Coll., Act No. 109/2006
Coll., Act No. 112/2006 Coll., Act No. 115/2006 Coll., Act No. 161/2006
Coll., Act No. 165/2006 Coll., Act No. 216/2006 Coll., Act No. 264/2006
Coll., Act No. 160/2007 Coll., Act No. 181/2007 Coll., Act No. 213/2007
Coll., Act No. 261/2007 Coll., Act No. 362/2007 Coll., Act No. 379/2007
Coll., Act No. 57/2008 Coll., Act No. 124/2008 Coll. and Act No. 129/2008
Coll., is amended as follows:
1. In § 25 para. 2 (f)), including footnotes # 32a and 32b
added:
"(f)) is disabled in the third degree ^ 32a), with the exception of the natural person
It is disabled in the third degree and is able to work with a completely
abnormal conditions ^ 32b).
32a) § 39 para. 2 (a). (c)) of the Act No 155/1995 Coll., as amended
regulations.
32B) § 39 para. 4 (b). f) of Act No. 155/1995 Coll., as amended
regulations. ".
The existing footnote 32a and 32b are referred to as comments below
line no 32 c 32d, and including references to footnotes.
2. In § 41 para. 3 (b)):
"b) invalidity pension for disability of the third degree,".
3. § 56 para. 1 letter c) is added:
"(c)) the Labour Office subsequently determined that it was granted a retirement pension
or disability pension for disability of the third degree, with the exception of
disability pension granted by a natural person who is disabled in
the third degree and is able to work with a completely extraordinary
conditions ^ 32b), or ".
4. In § 56 para. 2 (c)):
"c) invalidity pension for disability of the third degree, with
the exception of a disability pension granted by a natural person who is
disability in the third degree and is able to work with a completely
abnormal conditions ^ 32b), or ".
5. In section 67 para. 2 (a). a), the words "fully drawn" shall be replaced by
"drawn in the third degree".
6. In section 67 para. 2 (a). (b)), the words "partially disabled" are replaced by
the words "an invalid in the first or second degree ^ 32a)".
7. In § 69 para. 5 the first sentence after the word "work" the words ", and
on the basis of the recommendation of the District Social Security Administration issued in
under the control of a medical examination whether or not individuals that have stopped
be an invalid ".
8. In § 69 para. 5 the second sentence, the words "this natural persons" shall be replaced by
the words "these individuals" and the word "its" is replaced by
"their".
Article. XXVII
Transitional provisions
1. for the replacement period of the employment in accordance with § 41 para. 3 (b). b) of law No.
435/2004 Coll., on employment, in the version in force from the date of acquisition
the effectiveness of this law, shall be deemed to also receive full disability
before 1. January 2010.
2. A natural person who is disabled in the third degree and is able to
gainful employment as a completely abnormal conditions, is considered to be from 1.
January 2010 whether or not an individual who was on 31 December. December 2009 full
invalidity under § 39 para. 1 (b). b) of Act No. 155/1995 Coll., on
pension insurance.
PART TWENTY-THREE
Amendment of the Act No. 561/2004 Coll.
Article. XXVIII
In § 138 para. 3 of Act No. 561/2004 Coll. on pre-school, primary,
secondary, higher vocational and other education (the Education Act), the words
"or full invalidity pension" are replaced by "retirement or
disability pension for disability of the third degree ".
PART OF THE TWENTY-FOURTH
Amendment of the Act No. 357/2005 Sb.
Article. XXIX
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., is amended
as follows:
1. In article 1 (1). 1 (b). (b)), the words "or full invalidity pension"
replaced by the words "a retirement or invalidity pension for disability of the third
degree ".
2. In article 2 (2). 2, the words "or full invalidity insurance" are replaced by
the words "retirement or invalidity insurance for third-degree invalidity".
3. in § 5 para. 1 the words "full or partial invalidity pension"
shall be deleted.
4. in § 5 para. 2, the words "or full invalidity pension" are replaced by the words
"pension or disability pension for disability of the third degree".
5. In article 6 (1). 2 the words "the full reasonable or partially
have a reasonable "shall be replaced by" or a reasonable ".
PART OF THE TWENTY-FIFTH
Amendment of the Act No 110/2006 Sb.
Article. XXX
In § 5 para. 2 of law No 110/2006 Coll., on life and the subsistence minimum,
the words "full disability and for persons older than 65 years" shall be replaced by
"disability in the third degree and for persons aged 68 years."
PART TWENTY-SIX
Amendment of the Act No. 111/2006 Sb.
Article. XXXI
Act No. 111/2006 Coll. on assistance in material need, as amended by Act No.
165/2006 Coll., Act No. 585/2006 Coll., Act No. 261/2007 Coll., Act No.
379/2007 Coll. and Act No. 239/2008 Coll., is amended as follows:
1. In article 11 (1) 3 (b). and, ' 65) "is replaced by" 68 ".
2. In article 11 (1) 3 (c)):
"c) invalidity in the third degree,".
PART TWENTY-SEVEN
Amendment of the Act No. 187/2006 Sb.
Article. XXXII
Law No. 187/2006 Coll., on sickness insurance, as amended by Act No.
585/2006 Coll., Act No. 181/2007 Coll., Act No. 261/2007 Coll. and act
No 239/2008 Coll., is amended as follows:
1. in article 15, paragraph 2. 4 (b). and in section 28), para. 1 the first sentence and in section 40 para. 3
the second sentence, the words "or full invalidity pension" are replaced by the words
"retirement or invalidity pension for disability of the third degree".
2. in article 15, paragraph 2. 5 (b). (b)), the words "full disability or
a partial "shall be replaced by" or ", and the words" partial invalidity
pension "are replaced by" invalidity pension for disability first
or second degree ".
3. in section 19 para. 1 (b). (c)), the words "wholly or partly" and the words "full
or partial "are deleted.
4. In § 32 para. 4 (b). (b)), the words "full disability pension"
replaced by the words "invalidity pension for disability of the third degree".
5. In article 59 paragraph 2. 1 (b). k), the words "wholly or partly", the words "full
or partial "and the words" full or partial "are deleted.
6. In article 59 paragraph 2. 2 the first sentence, the words "partially disabled" are replaced by
the words "disability in the first or second degree".
7. In paragraph 95 (a). (f)) and section 122 paragraph. 3 (b). n), the words ", full of
the invalidity or partial "replaced by the word" or ".
PART OF THE TWENTY-EIGHTH
Amendment of Act No. 189/2006 Sb.
Article. XXXIII
Law No. 189/2006 Coll., amending certain laws in relation to
the adoption of the law on health insurance, as amended by Act No. 585/2006
Coll., Act No. 152/2007 Coll., Act No. 153/2007 Coll. and Act No.
261/2007 Coll., is amended as follows:
1. In article 1(1). XIV, the following paragraph 10 is added:
10. If the period of 3 years as provided for in section 118a of the paragraph. 3 the first sentence of the law No.
582/1991 Coll., on the Organization and implementation of social security, as amended by
effective until the date of entry into force of this Act, began to accrue prior to the
the effective date of this Act and on the date of entry into force of this
the law has not yet expired, will social security body on
return or refund amounts paid unduly or in retirement
the higher the amount of the expiry of that period. ".
2. In article 3(1). XXXIV, the following paragraph 4 is added:
"4. For the period before the date of entry into force of this Act, the pension is payable at the
According to § 55 para. 2 Act No 155/1995 Coll., on pension insurance, in
the version in force until the date of entry into force of this Act, no more than
provided for by the legislation effective on the date that precedes the date of
entry into force of this Act. ".
PART OF THE TWENTY-NINTH
cancelled
Article. XXXIV
cancelled
PART THIRTY-
Amendment of the Act No. 262/2006 Coll.
Article. XXXV
Act No. 262/2006 SB., labour code, as amended by Act No. 585/2006 Coll.
Act No. 181/2007 Coll., Act No. 261/2007 Coll., Act No. 296/2007 Coll.
Act No. 362/2007 Coll., Constitutional Court, declared under no.
116/2008, Act No. 121/2008 Coll. and Act No. 126/2008 Coll., is amended
as follows:
1. Footnote 17, including a reference to this footnote is
repealed.
2. In paragraph 224 of paragraph 1. 2 (a). a), the words "invalidity pension"
the words "for third-degree invalidity".
3. In article 236 paragraph. 3 (b). a), the words "or the invalidity pension"
replaced by the words "a retirement or invalidity pension for disability
the third degree ".
4. In paragraph 371 of paragraph 1. 1 the first sentence, the words "total or partial" and the words
"full or partial" are deleted.
5. In paragraph 371 of paragraph 1. 1 the second sentence, the words "wholly or partly"
shall be deleted.
6. In paragraph 371 of paragraph 1. 3 the words "total or partial" are deleted.
7. in section 386 paragraph. 2 the first sentence, the words "or the invalidity pension"
replaced by the words "a retirement or invalidity pension for disability
the third degree ".
PART OF THE THIRTY-FIRST
cancelled
Article. XXXVI
cancelled
PART OF THE THIRTY-SECOND
cancelled
Article. XXXVII
cancelled
PART OF THE THIRTY-THIRD
The EFFECTIVENESS of the
Article. XXXVIII
This Act shall take effect on 1 January 2000. January 1, 2010, with the exception of the provisions
article. I, point 71, art. II, section 14 and article. XXXIII, which will become effective
effective date of law No. 187/2006 Coll., on sickness insurance,
as amended, the provisions of article. IV, points 1, 7, 12, 13, 14,
17, 33, 38, 41, 43, 44, 48 and 50 to 52, which will become effective on the date of
its promulgation, and the provisions of article. I, point 9 and article. II, point 3, which
They shall become effective on 1 January 2004. July, 2009.
Vaidya in the r.
Klaus r.
in z. Čunek in r.
