Legal News 03/2020

• Act no. 46/2020 Coll. amending Act no. 461/2003 Coll. on social insurance, as amended, and amending and supplementing certain acts

An insured person who is in month of November entitled to the payment of a retirement pension, an early retirement pension, an invalidity pension, a widow’s pension, a widower’s pension, an orphan’s pension or a social pension is entitled to the 13th pension and to it’s payment.

The amount of the 13th pension is equal to the average monthly amount of the relevant pension benefit declared by the Social Insurance Agency as of December 31st. of the calendar year preceding the calendar year in which the amount of the 13th pension is determined.

• an invalidity pension declared on account of a reduction in the ability to engage in a paid activity of more than 70%, an invalidity pension under Article 266 and a social pension is an invalidity pension declared on account of a reduction in the ability to engage in a paid activity of more than 70%

• an invalidity pension declared on account of a reduction in the ability to engage in a paid activity of not more than 70% is an invalidity pension awarded on account of a decrease in the ability to pursue a paid activity of not more than 70%.     

The amount of the 13th pension of an insured person may also be determined by taking into account these periods:

• insurance acquired abroad under a special regulation or under an international agreement shall be a pro rata part of the average monthly amount of the relevant pension benefit referred to in paragraph 1, corresponding to the proportion in which the partial pension was granted under the Slovak legislation,

• the service of a police officer and a professional soldier which gives entitlement to a retirement pension under a special regulation shall be determined as the product of the average monthly amount of the relevant pension benefit under paragraph 1 and the coefficient determined as a product of number of years of pension insurance under this act, without taking into account the period of service of the police officer or professional soldier who has not been acquired to the extent of entitlement to a retirement pension, and the number of years of pension insurance under this act, taking into account the period of service of a police officer and a professional soldier.

In the case of overlapping of entitlements to two or more 13th pensions under this Act or overlapping of entitlements to two or more 13th pensions under this Act and under a special regulation, only one 13th pension is paid, namely the one with the highest amount.

The Act entered into force on April 1st of 2020

• Act no. 63/2020 Coll. amending Act no. 461/2003 Coll. on social insurance, as amended, and amending and supplementing certain acts.

“Transitional provisions during the duration of an emergency or emergency state declared in relation to COVID-19

An employee who has been recognized as temporarily incapacitated due to a quarantine measure or isolation during the duration of an emergency or emergency state declared in relation of COVID-19 (hereinafter referred to as “crisis situation“) shall be entitled to sickness benefit from the first day temporary incapacity for work.

The amount of the sickness paid benefit of compulsory sickness insured self-employed person and the voluntarily sickness insured person, who during the crisis period was recognized as temporarily incapable of work due to a quarantine measure or isolation is 55% of the daily assessment base.

In times of crisis, entitlement to sick pay arises from the first day of the need for personal and all-day treatment or personal and all-day care, and expires on the day the need for personal and all-day treatment or personal and all-day care ends, if insured person:

• Is personally providing all-day treatment of the child until the age of sixteen, the condition of which, as certified by the competent doctor, necessarily requires treatment by another person, or

• is taking care for a close relative, a sibling, a spouse, a spouse or a parent of a spouse, if a social service facility in which such person is provided wih a social service in an outpatient or residential form has been closed or quarantined by decision of the competent authorities measure

• – Sickness benefit is paid only once and only to one insured person.

By the end of the calendar month, the insured person who has been granted a sickness benefit is obliged to prove the entitlement to the sickness benefit by affidavit on which days the insured persion was personally and all day treating child or another person.

Employee, compulsorily sickness and compulsory pension insured self-employed person, voluntarily sickness insured person, voluntarily pension insured person and voluntarily insured person are not obliged to pay sickness insurance, pension insurance and unemployment insurance from the first the day of personal and all-day treatment or personal and all-day care until the end of the treatment or care.

Employee’s compulsory sickness insurance, compulsory pension insurance self-employed person and compulsory unemployment insurance shall not be interrupted, from the first day of personal and all-day care or personal and all-day care until the end of such treatment or care.

The Act entered into force on March 27th of 2020