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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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