289/1997.



LAW



of 12 October. November 1997,



amending and supplementing Act No. 155/1995 Coll., on pension

insurance, as amended by Act No. 136/1997 Coll., Act No. 1/1991 Coll., on the

employment, as subsequently amended, Act No. 463/1991 Coll., on the

the minimum, in wording of later regulations, and act of the Czech national

Council No. 114/1988 Coll., on the scope of bodies of the Czech Socialist Republic

in the Social Security Act, as amended



Change: 436/2004 Sb.



Change: 112/2006 Sb.



Change: 329/2011 Sb.



Parliament has passed the following Act of the United States:



Article. (I)



Act No. 155/1995 Coll., on pension insurance, as amended by Act No.

134/1997 Coll., shall be amended and supplemented as follows:



1. In article 11 (1) 1 (b). and the words "are deleted) and the duration of participation in the

insurance of persons specified in § 5 para. 1 (b). m) and (n)), ".



2. In article 12 paragraph 2. 1 the words "(a). about)) "shall be replaced by" subparagraph (a). m)

up to) ".



3. in § 31 para. 1 (b). (b)), the words "in the period up to 31 December 2006. December 2000

a maximum of three years, from 1. January 2001 to 31 December 2002. December 2006

a maximum of four years and in the period after 31 December 1999. December 2006, a maximum of five years "

shall be replaced by "not more than three years".



4. In section 34 para. 1 at the end of this sentence connects:



"In periods of insurance for the purposes of the previous sentence, counted the replacement

periods of insurance only to the extent of 80%, with the exception of spare time

insurance for the period of insurance of persons specified in § 5 para. 1

(a). p), r) and s) and similar time according to the rules in force before 1 January 2005.

before 1 January 1996; the number of days of insurance periods determined in accordance with section

the sentence before the semicolon is rounded to whole days away

up. ".



5. section 37, the following paragraph 5 is added:



"(5) the payment of the retirement pension to which the entitlement referred to in section 29,

belongs to persons engaged in gainful employment on the basis of

employment relationship, only if this relationship has been concluded for a period of

a certain, if this can be under the specific legislation for this time to negotiate;

the provisions of paragraph 1 shall not prejudice. ".



6. in section 40 para. 2 deleted subparagraph (b)) and at the same time, the designation shall be deleted;

(a)). At the end of section 40 para. 2 deleted the word "or", and the comma is

is replaced by a dot.



7. in section 40 para. 3, after the words "also means" the words "time

participation in insurance of persons specified in § 5 para. 1 (b). m) and (n)), and "

and at the end of the period is replaced by a comma and the following words are added:

"However, the first after the end of compulsory schooling."



8. In § 41 para. 2 the second sentence, after the words "and the third" the following words shall be inserted:

"and section 34 para. 1 the second sentence ".



9. In § 41 para. 3 the first sentence, after the words "period of insurance" shall be inserted after the

the words "referred to in § 11 and § 13 para. 1. "



10. In § 45 para. 2 the third sentence, after the words "the second sentence" this

the words "§ 34 paragraph 1. 1 the second sentence ".



11. In § 46 para. 4 at the end of this sentence connects:



"The provisions of paragraph 2, not prejudice.".



12. section 67 reads:



"§ 67



(1) paid the Government may, at the time until 31 December 2006. December 1998 to increase the

Regulation, if the aggregate consumer price index will rise by at least 5

% from the calendar month which immediately precedes the calendar

the month in which the last increase of the pensions; the Government, however,

raises the pensions paid whenever the regulation if the sum of the index

consumer prices will rise by at least 10% from the calendar month

referred to in the part of the sentence before the semicolon. The Government paid at the time of

after 31 December 2006. December 1998 will increase regulation if the sum of the index

consumer prices will rise by at least 5%. The growth of this condition

the index shall be assessed from the calendar month immediately

precedes the calendar month in which the last increase in these

pensions.



(2) the increase shall be determined so that the average old-age pension

match at least 70% increase in the index referred to in paragraph 1. If

in a calendar year are paid pensions increased only by the phrase

the first, or increased, increased during the first increase following the

This year in addition to the increase in the pensions paid under the first sentence also with

taking into account the growth of real wages. Increase referred to in the second sentence shall be

so that this increase in the average retirement pension corresponded to the

at least one-third of the growth of real wages for those calendar years

preceding the calendar year in which they are paid as follows

increase, which since the last increase provided for under the second sentence

It was not taken into account.



(3) the growth of real wages in accordance with paragraph 2, the second and third sentence means

the proportion of the average nominal wages growth index and index growth

consumer prices, while the indices of growth is determined by the data

for the calendar year preceding the calendar year in which they are paid

pensions increase, and for the calendar year to which the last

taken into account when the increase referred to in paragraph 2, the second and third sentences. The sum of the

the consumer price index and the average nominal wage per calendar year

are determined according to the Czech Statistical Office. The average old-age

income is determined according to the Czech social security administration as

the average of all old-age pensions, which are not paid concurrently with

other income (section 59) and whose payment has been carried out in a calendar

the month in which they were last increased pensions paid. ".



13. in paragraph 74, the words "until 31 December 2007. December 2016 "shall be replaced by" until 31 December 2007.

December 2018 "and at the end of this sentence is attached:" reduced the age

limit for entitlement to a retirement pension is considered to

the purposes of this law as the retirement age. ".



14. in section 76 para. 1 at the end of this sentence connects:



"Entitled to a reduction in the age limit for entitlement to a retirement pension

According to the regulation referred to in the first sentence shall be incurred whether or not the insured who

they reached 50 years until 31 December 2006. December 2005, if they meet the other conditions

laid down in this regulation. ".



15. section 107 para. 2 is added:



"(2) the Government may increase the amount provided for by the regulation in § 15, if from

the prior determination of these amounts were paid pensions increased

at least 5%; the increase of these amounts is carried out from 1. January. ".



Article II



cancelled



Article. (III)



cancelled



Article IV



cancelled



Article. In



Transitional provisions



(1) on claims for pensions which arose before 1. before 1 January 1998 and for which the

to this day it has not been finally decided, and to grant or change

the amount of these pensions for the period prior to 1. in January 1998, even though about them already

Finally decided, will be decided according to the rules in force before this

on the day.



(2) in the case of claims for pensions arising in period 1. January 1998 to 30.

June 1998 and for which it was not before the 1. July 1998 final

held, and to grant or change the amount of these pensions for the period prior to 1.

July 1998, though one has already been finally decided, the decision

of these claims in accordance with the rules in force in this period.



(3) the conditions for an increase in pensions paid (article. (I) point 12) and increased

the amounts of which shall be calculated according to section 15 of Act No. 155/1995 Coll., on

Pension Insurance Act, when determining the calculation basis (article. I, point 15),

and conditions for the increase of the amounts of the subsistence minimum (article. (III) point (5))

find these amounts since the last increase, which occurred before the date of

the effectiveness of this Act.



(4) If a person entitled to a retirement pension granted before 1. January

1998 is to this day the gainfully employed, it is covered by the condition for

the payment of the pension referred to in § 37 para. 5 of law No 155/ä1995 Sb.

the Pension Insurance Act, as amended by this Act (article. I, point 5), and if

to the day preceding payment of the retirement pension payable in April 1998

does not adjust their employment relationship in accordance with this condition,

does not belong to him from this installment payment of the retirement pension. The fact that the

does not meet the condition for the payment of the retirement pension is

the recipient of a pension shall notify the payer of the pension until 31 December 2006.

January 1998; This obligation is also the employer of the beneficiaries

old-age pension. The obligation under the second sentence does not arise,

If a person entitled to a retirement pension terminates the employment relationship in

the time of the previous tranche, the retirement pension referred to in the first sentence

or at this time adjusts the employment relationship in accordance with condition

referred to in the first sentence.



(5) claims for material security arising from job seekers in front of

on 1 January 2004. January 1, 1998 shall be assessed in accordance with existing legislation; the amount of the

tangible security, however, from 1. January 1998, governed by the provisions of this

the law (article. (II)).



(6) in proceedings under art. (IV) proceed for claims to the operation

motor vehicle insurance and allowance arising after 31 December 2006.

December 1997.



Čl.VI



Regulation (EEC)



Article 2(2) shall be deleted. 39 points, 61-64, 68 and 76 of Act No. 136/1997 Coll.

amending and supplementing Act No. 155/1995 Coll., on pension

insurance, law of the Czech National Council No. 582/1991 Coll., on the organisation and

the implementation of social security, as amended, and the law

No. 87/1991 Coll. on out-of-court rehabilitation, as amended

regulations.



Article. (VII)



The effectiveness of the




This Act shall take effect on the date of its publication, with the exception of the provisions of article.

I, points 1 to 3, 5 to 7, 11 and 13, art. (II) and article. In paragraph 1(b). 1, 4 and 5, which

They shall become effective on 1 January 2004. in January 1998, and the provisions of article. I, points 4 and 8 to

10 and article. In paragraph 1(b). 2, which will become effective on 1 January 2004. July 1998.



Zeman in r.



Havel, v. r.



Klaus r.