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National Repository of Grey Literature 2 records found  Search took 0.00 seconds. 
Development of the legal regulation of entitlements to a disability pension from 1996 to 2012
VONDŘEJCOVÁ, Šárka
The bachelor thesis addresses the development of the legal regulation of entitlements to a disability pension from 1996 to 2012. The new regulation that entered into effect on 1 January 1996 as the Pension Insurance Act No. 155/1995 of the Collection of Laws of the Czech Republic (Coll.) introduced new definitions of full and partial disability. It cancelled partial disability pensions that required not only identification of a long-term adverse health condition but also a proof of a considerable drop in income; however, such concept of partial disability became unsustainable in a market economy with relatively free salary development. The long-term adverse health condition of insured persons began to be assessed in percentage according to Annex No. 2 to Regulation No. 284/1995 Coll., which often resulted in taking disability pensions away, but all citizens were considered equally. In 2003 there was a reform of administrative justice and the Administration Procedure Code entered into effect. Reviews of decisions on applications for disability pensions in the form of remedies were cancelled and decisions could be reviewed only based on a legal action. The institute of a cassation complaint as an extraordinary remedy was established at the same time. On 1 January 2010, new legal regulation of disability pensions was adopted through an amendment to Act No. 155/1995 Coll. The partial disability pension was completely cancelled and the full disability pension was dividend into three degrees. The amendment also introduced an objections procedure to serve as an ordinary remedy against decisions of the Czech Social Security Administration (ČSSZ). An action may be filed with a court only after an objections procedure. The thesis aims at ascertaining the impacts this legal regulation effective from 1 January 1996 and the subsequent amendment to this Act had on the number of remedies/actions filed by insured persons with courts in the course of time. A large increase in remedies was connected with passing this Act in 1996 and, by contrast, introduction of the objections procedure resulted in a rapid decline in the number of actions.
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Law aspects of disability from youth
 HORYNOVÁ, Jana
This study occupies itself with legal aspects of invalidity from youth. It represents an issue that is very significant from the social point of view although not regulated as single problem by law. However the whole theme infiltrates to another specific fields: social insurance, assessment medicine, psychology, juristic section, medicinal issue, ethics, upbringing and special pedagogy in a broad meaning. Current Czech law regulation of theme concerning benefits for persons with long-term unfavorable health state is based on concept of full and partial invalidity pension as benefits within pension insurance scheme and pension increase for incapacity (helplessness). Generally full and partial invalidity pension benefits originate from reduction of gainful activity and reaching of relevant time period of pension insurance. According to a survey it is evident that number of awarded full and partial invalidity pensions has increased in {\clqq}Jihočeský`` region. Respecting diagnostic flags structure the greatest occurrence of full invalidity pensions from youth has been recorded in group of intermediate cephalonia. Solving of social insurance of the elderly is planned under the pension reform at the present. The main goal of invalidity pension is permission to live as close as possible to normal state thus to face up to a handicap and to secure appropriate family, social and work life. In fine we could deduce that there should be confirmation of obligatory conversion of full invalidity pension to old-age pension when reaching retirement age within Czech pension reform. In my study I have focused on some factors decisive for occurrence of full or partial invalidity. It represents socially significant problems in broad range of relations that establish or could establish. Long-term loss or reduction of ability to work have negative impact not only on individuals but also affect social status of their families and thus negatively influence the whole society. Exclusion from work process traumatizes young people. Pension benefits provided to the disabled from youth are not deduced from tolled premiums. That is the reason I think this should be solved out of the pension insurance system as well as pension increase for incapacity (helplessness). Costs on these benefits would be compensated by state budget within pension insurance system in the near future with perspective of transmission of these benefits to other social scheme. In this connection it is necessary to emphasize that mankind should be made sure that there is basic perception and crucial aim of social welfare in focusing on level and quality of life of individuals and their families not affected by unfavorable social or economic influences as well as their health state and well-being that will not be compounded by diseases and injuries. This fact will substantially affect the strategy of modern social policy.
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