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Change Of Pension Insurance And On The Implementation Of The Social Security

Original Language Title: změna z. o důchodovém pojištění a z. o provádění soc. zabezpečení

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213/Sb.



LAW



of 15 November 2004. June 2016,



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., 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., Act No. 178/2008 Coll., Act No. 305/2008 Coll., Act No.

306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008 Coll., Act No.

41/2009 Coll., Act No. 108/2009 Coll., Act No. 158/2009 Coll., Act No.

303/2009 Coll., Constitutional Court, declared under no. 135/2010 Coll.,

Act No. 347/2010 Coll., Act No. 73/2011 Coll., Act No. 220/2007 Coll.

Act No. 341/2011 Coll., Act No. 348/2011 Coll., Act No. 364/2011 Sb.

Act No. 365/2011 Coll., Act No. 428/2007 Coll., Act No. 458/2007 Coll.

Act No. 470/2011 Coll., Act No. 314/2009 Coll., Act No. 401/Sb.

Act No. 403/2009 Coll., Act No. 463/2012 Coll., Act No. 267/Sb.

Act No. 274/2013 Coll., Act No. 303/2013 Coll., legal measures

The Senate no 344/2013 Coll., Act No. 182/2014 Coll., Act No. 183/2014 Sb.

Law No 250/2014 Coll., Act No. 267/2014 Coll., Act No. 332/2014 Sb.

Act No. 131/2015 Coll., Act No. 377/2015 Coll., Act No. 47/2016 Coll.

Act No 137/2016 Coll. and Act No. 212/2016 Coll., is amended as follows:



1. In section 19(a)(1). 1, after the words "or section 102a", the words "paragraph. 1. "



2. under the fourth head first for part of the third piece is inserted after the fourth,

that including the title reads as follows:



"Part IV



Special provisions for old-age pension of some working in the

mining



§ 37b



(1) the provisions of this part shall apply to the insured person, who



and) before 1. October 2016 began to accept employment in mining

the permanent workplace under the ground in deep mines (hereinafter referred to as "employment in

the underground mining "), and



(b)) in employment in the underground mining industry worked a total of at least



1.3 300 innings, or, in the case of employment in the underground mining in

uranium mines, 2 200 innings, or



2.3 081 innings, when employment in the underground mining ended because of

achieve maximum exposure, or, in the case of employment in the

the underground mining in the uranium mines, 1 981 innings, if this

employment ended due to achieve maximum exposure.



(2) the Shift in employment in the underground mining industry for the period after 31 December 1999. December

1992 means such a shift, in which the insured person has pursued a job in

the underground mining industry after the bulk of the underground. The number of shifts in employment

in the underground mining industry for the period from 1. January 1993 is found so that

the number of calendar days of employment in underground mining, which was

According to the law effective before that date included between

employment and work category giving rise to entitlement to a retirement pension

at the age of at least 55 years of age, multiplied by a coefficient 0.6, and

be rounded up.



(3) the provisions of this part shall not apply to an insured person, who was in the

retirement pension retirement age determined in accordance with the implementing

law issued under § 107 para. 2.



§ 37 c



(1) the retirement age of the insured person as referred to in article 37b shall be determined from the

retirement age as defined under section 32 shall be deducted for 7 years; When determining the

the retirement age of the insured person shall proceed in women as well as for

men of the same birth date.



(2) the percentage amount of the retirement pension of the insured person, the retirement age

It is established in accordance with paragraph 1, shall from the date of such increases

income pursuant to the regulations on pension increases, which took effect in

period from 1. January 1996 to the date preceding the date from which the

He admits this income. However, the increase referred to in the first sentence, together with the percentage

acreage of the pension shall not exceed the highest assessment, which shall be determined by

the maximum amount of the amount of the pension in accordance with § 4 para. 1 second sentence of the law No.

76/1995 Coll., on increase of pensions and pensions paid to those granted in

in 1995, will increase according to the regulations of the pension increases, which took

efficiency in the period from 1. January 1996 to the date preceding the date on

which is granted a pension. Increase referred to in the first sentence, and the other

be determined as if the old-age pension was granted to 31. December

1995. ".



3. In paragraph 74, the first sentence, the words ' until 31 December 2000. December 2018 ' shall be deleted.



Article II



Transitional provision



If the conditions for the determination of pensionable age in accordance with § 37 para. 1

Act No. 155/1995 Coll., in the version in force from the date of entry into force of

This Act, before the date of entry into force of this Act,

the retirement age in accordance with § 37 para. 1 Act No. 155/1995 Coll., on

the version in force from the date of entry into force of this Act, and the amount of the percentage

amount of the retirement pension shall be determined in accordance with § 37 para. 2 of law No.

155/1995 Coll., in the version in force from the date of entry into force of this Act.



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., 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., Act No. 296/2007 Coll., Act No. 305/2008 Coll., Act No.

306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008 Coll., Act No.

41/2009 Coll., Act No. 158/2009 Coll., Act No. 227/2009 Coll., Act No.

281/2009 Coll., Act No. 303/2009 Coll., Act No. 326/2009 Coll., Act No.

347/2010 Coll., Act No. 73/2007 Coll., Constitutional Court,

the declared under no. 177/2007 Coll., Act No. 180/2007 Coll., Act No.

220/2011 Coll., Act No. 263/2011 Coll., Act No. 329/2007 Coll., Act No.

341/2011 Coll., Act No. 348/2011 Coll., Act No. 364/2011 Coll., Act No.

365/2010 Coll., Act No. 366/2007 Coll., Act No. 367/2007 Coll., Act No.

375/2007 Coll., Act No. 428/2007 Coll., Act No. 458/2007 Coll., Act No.

470/2011 Coll., Act No. 167/2012 Coll., Act No. 399/2012 Coll., Act No.

401/2012 Coll., Act No. 403/2009 Coll., Act No. 274/2013 Coll., Act No.

303/2013 Coll., Act No. 313/2013 Coll., legal measures the Senate No.

344/2013 Coll., Act No. 64/2014 Coll., Act No. 136/2014 Coll., Act No.

250/2014 Coll., Act No. 251/2014 Coll., Act No. 267/2014 Coll., Act No.

332/2014 Coll., Act No. 131/2015 Coll., Act No. 317/2015 Coll., Act No.

377/2015 Coll., Act No. 47/2016 Coll. and Act No 137/2016 Coll., is amended

as follows:



1. In section 35a of the paragraph. 4 (b). (d)), after the words "paragraph. 2 "the words" and 3 ".



2. In article 37, paragraph 2, the following paragraph 3, including the

footnote # 83:



"(3) an employer who employs employees who work in the

employment in the mining industry with the permanent workplace under the ground in deep

mines (hereinafter referred to as "employment in the underground mining"), then leads to


the purpose of the determination of pensionable age in accordance with § 37 para. 1 of the law on

pension insurance of those five



and a list of them),



(b)) evidence of shifts in which employment in the underground mining industry after

the bulk of the shift are exercised under the ground in deep mines,



(c) the name of the profession), performed by the employee in respect of employment in the underground

mining, and descriptions of the work performed by the employee in the

These occupations; When processing these descriptions and identification

occupations are used and the names of the profession contained in the

The national system of professions ^ 83), while at the same time stating that the workplace

This employee has the character standing in the workplace

deep mines,



(d) the date of reaching) record maximum exposure; the employer

exposing the confirmation of the data referred to in points (b) and (d))) on the prescribed

Forms. The employer is obliged to issue this certificate to citizens on

his request within 30 calendar days of receipt of the request;



the employer is also obliged to issue to citizens of this certificate, and

a copy of the confirmation to present the Czech social security administration,

within 30 calendar days after the termination of employment in underground mining.



83) § 6 para. 1 (b). f) of Act No. 435/2004 Coll. as amended

regulations. ".



Paragraphs 3 to 7 shall become paragraphs 4 to 8.



3. In section 37 is at the end of paragraph 4, the following sentence "the citizens shall be submitted

the certificate referred to in paragraph 3 in connection with applications for

the pension or in connection with the request for the conversion of income pursuant to

special legal regulation ^ 84). ".



Footnote # 84:



"84) Government Regulation No. 363/2009 Coll., on the determination of pensionable age and

recalculation of the retirement pensions of some miners, who started to carry out

his employment prior to 1993, as amended by Decree-Law No. 69/2015

Coll. ".



4. In § 37 para. 6 and 7, the words "paragraph 4" shall be replaced by "paragraph

5. "



Article IV



Transitional provision



The employer as referred to in § 37 para. 3 of Act No. 582/1991 Coll., as amended by

effective from the date of entry into force of this law, is obliged to confirm the

published under this provision after the termination of employment in mining

the permanent workplace under the ground in deep mines to indicate whether or not the data for the period

before the date of entry into force of this Act.



PART THREE



The EFFECTIVENESS of the



Article. In



This Act shall take effect on 1 January 2000. October 2016.



Hamáček in r.



Zeman in r.



Sobotka in r.