Are you approaching retirement age but don’t know if you’ve met all the requirements? Or don’t know how to apply for an old-age pension, what you need to prove and where to go? And what if you are refused a pension. Do you know how to defend yourself? All these questions are answered in this article.
The answer to the question of when to retire depends on whether you meet the conditions for entitlement to an old-age pension. To qualify for a regular retirement pension, you must reach retirement age and meet the minimum period of pensionable service.
The retirement age is set uniformly at 65 for people born after 1971, and for older people it depends on whether they are male or female and the number of children they have raised. A more complicated condition is the period of pension payment. This is measured as the time you have been gainfully employed and paid pension contributions. But it also includes, for example, time spent caring for children or studying.
In addition to the ordinary old-age pension, you can also choose an early retirement pension or a ‘ pre-retirement pension‘, for which these conditions do not need to be met. Another option is a late retirement pension. Let’s take a closer look at each option:
Have you been denied a pension even though you are entitled to one?
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Now let’s take a look at how exactly to apply for an old-age pension if you have met all the eligibility conditions.
When to apply for a pension? First of all, you can apply for an old-age pension no earlier than four months before you are eligible to start it. In addition, you can also apply for an old-age pension retrospectively, but you will only be paid a maximum of 5 years in arrears.
You need to fill in a form to apply for a pension. You can fill it in in person at any district social security office (it doesn’t matter where you live). Another option is to apply for your pension online.
This can be submitted on the website of the Czech Social Security Administration. You can log in via the Citizen’s Identity, data box or international gateway. For example, you can use your bank identity or eObčanku. In both cases, you will need:
Tip: The obligation to own and use a data box applies to all sole traders. However, it is not only for them. In many ways, you will appreciate it even if you are not a sole trader. There are many advantages (and some disadvantages) to using a data box. See how to set it up in our article.
If your health does not allow you to apply for a pension yourself, a family member can apply for you, but must have your consent and a doctor’s certificate stating that your health does not allow you to apply in person. Alternatively, an agent to whom you have given a power of attorney can also apply for you.
Tip: A power of attorney is a very useful tool that can come in handy when selling a vehicle, picking up mail, dealing with the authorities, or re-writing your utility bills. Are you hesitant about whether one template can be used for all these cases and what exactly a power of attorney must contain? We have prepared a clear guide that will answer everything.
The Czech Social Security Administration decides on your pension application. It has 90 days by law to issue a decision. However, this may be extended by the time needed to investigate certain facts and to remove defects in your application.
In practice, the Czech Social Security Agency determines whether the facts you have stated correspond to reality (i.e. whether you have actually met the minimum period of pension payments, etc.). You will then receive a written decision about your pension award , with the date your pension started and the amount of your pension.
If the CSSA concludes that you have not met the conditions for a pension, it may reject your application. In this case, it must specify why the refusal was made. You can appeal the decision directly to the CSSA or to the district social security administration within 30 days.
In the objection, you must specify who is making the objection (i.e. your identification details), the decision you are objecting to (give the decision reference number) and who made the decision (the CSSA). In addition, state exactly what you disagree with and why. Here you must give all the arguments and evidence that you should be entitled to a pension. Finally, give the date and add your signature.
If your objection is rejected, you still have two months from the decision to file an administrative appeal with the regional court in whose district you are registered as a permanent resident. Alternatively, you can also contact the Ombudsman.
Tip: We can help you with an administrative claim. We will conduct a careful analysis of the case and then take care of the preparation of the lawsuit and represent you in court, where we will vigorously enforce your rights.
To qualify for an old-age pension, you need to be of pensionable age and have completed the minimum period of pensionable service. Options include early retirement, pre-retirement and late retirement, each with its own specific conditions.
To apply for a pension, you need to fill in a form, which can be submitted in person at the district social security office or online. The Czech Social Security Administration decides whether to grant a pension within 90 days of the application. If the conditions are not met, an objection and, if necessary, an administrative action can be filed.
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Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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