116/2001 Sb.



LAW



of 28 June. February 2001,



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

amended, and Act No. 582/1991 Coll., on the Organization and implementation of

social security, as amended



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on pension insurance



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. and Act No.

220/2000 is amended as follows:



1. in § 5 para. 1 (b). with), the word "close" is deleted and at the end of the

the words, including footnotes, no 5a): ' If

they live together in the home; ^ 5a) condition the household is requested, if it is

a person close to,



5A) § 115 of the civil code. ".



2. in § 5 para. 4 and § 14 para. 2 the second sentence, the word "close"

replaced by the word "helpless".



3. § 25 para. 1 the second sentence, the word "Army" is replaced by

"the armed forces".



4. In section 34 para. 2 the first sentence, the words "about 1%" shall be replaced by "about 1.5%"

and in the third sentence, the words "referred to in § 16 para. 4 second sentence of point (a). and) "

replaced by the words "temporary incapacity (the inability to

the service) ".



5. In section 35 para. 1 the words "about 1%" shall be replaced by "about 1.3%".



6. In article 36, paragraph 1 shall be deleted.



Paragraphs 2 and 3 shall become paragraphs 1 and 2.



7. § 36 odst. 1, the words ' after 31 December 2006. December 2006 "shall be deleted and the number

"0.6" shall be replaced by the figure "0.9".



8. In § 37 para. 1 (b). (b)), after the word "If" the words

"person entitled to a retirement pension".



9. In § 37 para. 2 at the end of words "and paragraph 5".



10. section 64, including footnote No 25) reads as follows:



"§ 64



(1) the beneficiary is entitled to a pension or his legal representative or

the specific recipient. Who is a special recipient, lays down specific

^ 25) Act.



(2) the pensions are paid in cash. At the request of the recipient

pension is a pension beneficiary account refers to the Bank in the Czech Republic;

If the beneficiary of the pension, the pension is noted on account of its

the husband (wife) with a bank in the Czech Republic, if the legitimate

the payer of the pension on the prescribed form and shall ask if at the time of

This way of payment requests, the right to dispose of the funds on the

This account. Condition of payment of the pension to the creditor on account of its

the husband (wife), the consent of the husband (wife) with this way of

disbursement; the husband (wife) authorized is obliged to reimburse the payer of the pension

installment income remitted to authorised such an account after the date of death

authorized.



(3) if so requested by the beneficiary of the change in the way of payment of the pension, the payer is

income required to make such a change at the latest installment of the retirement

due in the third calendar month after the calendar month in which the

apply the change request, the way of payment of the pension. If the pension

on behalf of husband (wife) with a bank in the Czech Republic in accordance with paragraph 2

the second sentence does not correspond to the payer of the pension for the damage that the creditor

a legal act of the husband (wife) as the account holder, the

the consequence is a restriction or termination of the right to dispose of the authorized

funds on this account, nor for the damage that the creditor

arises, ceases to exist if such an account as a result of the death of husband (wife).



25) section 118 of the Act No. 582/1991 Coll., as amended by Act No. 160/1995 Coll. ".



11. In § 108 paragraph. 1 (b). and), the word "near" is deleted.



Article II



Transitional provisions



1. the amount of the percentage amount of the retirement pension to which entitlement has accrued

According to section 29 of Act No. 155/1995 Coll., on pension insurance, as amended by

amended, (hereinafter referred to as the "law on pension insurance")

increases for a period of gainful activities carried out after the establishment of entitlement to the

pension before 1. July 2001 in accordance with the rules in force before that date;

duration of gainful activities carried out after which entitlement to retirement pension

After 30. June 2001, which have not been evaluated according to the rules applicable after the

that date (article. I, section 4), will be added to the time of gainful activities carried out

After the formation of the entitlement to this pension before 1. July 2001, if so

gets the 90 calendar days of such employment. This applies

to increase the percentage amount of the retirement pension to which the claim

in accordance with section 30 or section 31 of the Act on pension insurance, for a period of gainful

activities carried out from the date of reaching the age required for entitlement

the old-age pension.



2. claims for old-age pensions for which entitlement under section 30

or § 31 of the Pension Insurance Act 1. July 2001 and about

which to this day has not been finally decided, and granting, withdrawal

or change the amount of these pensions for the period prior to 1. July 2001, though

one has already been finally decided, will be decided according to the laws of the

in force before that date, if otherwise provided for by points 3 and 4.



3. the amount of the percentage amount of the retirement pension to which entitlement has accrued

According to section 30 of the Act on pension insurance 1. July 2001 and that

is afforded from the date falling within the period of 30. June 2001,

determined according to the rules applicable after 30 June. June 2001.



4. the amount of the percentage amount of the retirement pension granted under section

30 or section 31 of the Act on pension insurance from the date falling within

the period prior to 1. in July 2001, and which is calculated for the period professional

activities carried out after 30 June. June 2001 to reach the age required for

entitlement to old-age pension shall be determined in accordance with the regulations in force

1. July 2001.



5. If a person entitled to a retirement pension granted under section 30 or section

31 of the Act on pension insurance 1. July 2001 is

active on 30 November. June 2001, on the basis of an employment relationship, this

the relationship persists after 30. June 2001, and to the day preceding the payment of this

pension payable in October 2001 does not adjust this relationship in accordance with condition

specified in § 37 para. 5 of the Act on pension insurance, does not belong to him from the

This installment payment of the pension. The fact that it does not meet the stated

a condition for the payment of old-age pension, is the recipient of the pension

obliged to notify the payer of the pension until 31 December 2006. July 2001; This reporting

the employer has a duty to the beneficiaries of the retirement pension. Reporting

the obligation under the second sentence does not arise if the recipient of an old-age

retirement will end the employment relationship at the time of the previous installment of this

pension referred to in the first sentence, or at this time adjusted labour

relationship in accordance with condition specified in § 37 para. 5 of the Act on pension

insurance.



6. the duration of care other than a close relative (article. I, item 1) is considered to be for

the purpose of the pension insurance for the replacement insurance period for the period after 30 June.

June 2001.



PART TWO



Amendment of the Act on the Organization and implementation of social security



Article. (III)



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. and Act No. 408/2000 Coll., is amended

as follows:



In section 6 (1). 4 (b). and paragraph 11, the word) "close" is deleted.



PART THREE



The EFFECTIVENESS of the



Article IV



This Act shall take effect on 1 January 2000. July 2001.



Klaus r.



Havel, v. r.



Zeman in r.