2024-01-01
The Czech National Bank issued Decree No. 218/2024 Coll. to amend Decree No. 117/2012 Coll. regarding the detailed regulation of pension company and participant fund activities. The amendment introduces new rules for independent intermediaries of supplementary pension savings, specifically defining the mandatory content of the register of mediated contracts under Section 46a. Additionally, the decree establishes transitional provisions ensuring that data recorded before the effective date are treated as compliant with the new requirements.
Collection of Laws and International Treaties CZECH REPUBLIC Made available on 16 July 2024 Decree No. 218/2024 Coll. Decree amending Decree No. 117/2012 Coll., on the detailed regulation of the activities of a pension company and a participant fund, as amended by later regulations
Page 2 Act No. 218 / 2024 Coll. 218 DECREE of 24 June 2024, amending Decree No. 117/2012 Coll., on the detailed regulation of the activities of a pension company and a participant fund, as amended by later regulations
The Czech National Bank, pursuant to Section 170(1) of Act No. 427/2011 Coll., on supplementary pension savings, as amended by Act No. 403/2012 Coll., Act No. 241/2013 Coll., Act No. 119/2020 Coll., and Act No. 462/2023 Coll., for the implementation of Section 77h(e) of that Act, hereby decrees:
Article I Decree No. 117/2012 Coll., on the detailed regulation of the activities of a pension company and a participant fund, as amended by Decree No. 145/2014 Coll. and Decree No. 476/2017 Coll., shall be amended as follows:
In the title of the Decree, the words "and a participant fund" shall be replaced by the words ", participant fund and intermediary of supplementary pension savings".
In the introductory sentence of the Decree, the words "pursuant to Section 110(1) of Act No. 426/2011 Coll., on retirement savings, for the implementation of Section 52(6), Section 63(5), Section 68(3), Section 79(3) and Section 82(3) of the Retirement Savings Act and" shall be deleted, the text "Section 59," shall be followed by the text "Section 77h(e),", and the text "Section 115(5)," shall be deleted.
In Section 1, letter h) shall read: "h) the content of the register of mediated contracts for supplementary pension savings pursuant to Section 77h(e) of the Supplementary Pension Savings Act,".
Part Three, Chapter III, including the heading and footnote no. 5, shall be deleted.
A new Part Seven shall be inserted after Part Six, which shall read in its entirety including the heading:
"PART SEVEN RULES FOR THE INDEPENDENT INTERMEDIARY OF SUPPLEMENTARY PENSION SAVINGS (Section 77h of the Supplementary Pension Savings Act)
Section 46a Content of the register of mediated contracts The register of mediated contracts for supplementary pension savings pursuant to Section 77h(e) of the Supplementary Pension Savings Act shall contain, for each mediated contract for supplementary pension savings, at least a) identification of the contract for supplementary pension savings,
Act No. 218 / 2024 Coll. Page 3 b) the trade name of the pension company, c) identification details of the participant pursuant to Section 3(f) of the Supplementary Pension Savings Act, d) the reason for entry into the register, which is the conclusion, amendment, or termination of a contract for supplementary pension savings, e) the date of conclusion of the contract for supplementary pension savings or the legal act by which the supplementary pension savings are amended or terminated, f) the date of creation, amendment, or termination of the supplementary pension savings, g) the agreed savings strategy pursuant to Section 3(a) of the Supplementary Pension Savings Act, including identification of the relevant participant funds or specific standardized strategy of the pension company, h) the amount of the participant's contribution, i) the date of delivery of the concluded contract for supplementary pension savings or the legal act by which the supplementary pension savings are amended or terminated, to the pension company, j) identification details of the tied agent, if activities are performed through them, and k) identification details of the natural person who acted on behalf of the independent intermediary with the participant.". The existing Part Seven shall be designated as Part Eight.
Article II Transitional Provision Data contained in the register of contracts pursuant to Section 77h(e) of Act No. 427/2011 Coll., on supplementary pension savings, as amended by later regulations, prior to the date of entry into force of this Decree, shall be deemed to be data pursuant to Section 46a of Decree No. 117/2012 Coll., as amended with effect from the date of entry into force of this Decree.
Article III Entry into Force This Decree shall enter into force on the day following its promulgation.
Governor: Ing. Michl, Ph.D., in person
ISSN 3029-5092 Publisher: Ministry of the Interior, Nad Štolou 3, P.O. Box 21, 170 34 Prague 7 • Editorial Office of the Collection of Laws and International Treaties: Ministry of the Interior, Hrdinů Square 1634/3, P.O. Box 155/SB, 140 21 Prague 4, telephone: 974 817 289, e-mail: sbirka@mvcr.cz • Typesetting: Printing Office of the Ministry of the Interior, Bartůňkova 1159/4, P.O. Box 10, 149 00 Prague 11-Chodov • The legally binding electronic version of the Collection of Laws and International Treaties is available at www.e-sbirka.cz • The printed version of the issue of the Collection of Laws and International Treaties can be ordered from the Printing Office of the Ministry of the Interior, telephone: 974 887 312, e-mail: info@tmv.cz, www.tmv.cz • Subscription has ended as of 1 January 2024.