Vyměřovací základ, osobní péče, posuzování zdravotního stavu i náhrada starobního důchodu v aktuální judikatuře NSS

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Title in English Assessment base, personal care, assessment of health status and compensation of old-age pension in the current case law of the Supreme Administrative Court
Authors

BLAŽEK Michal

Year of publication 2021
Type Article in Periodical
Magazine / Source Práce a mzda
MU Faculty or unit

Faculty of Law

Citation
Web Web nakladatele
Keywords social security law; pension insurance; assessment base; personal care
Description The Supreme Administrative Court concluded in the recently examined cases that the insured person's assessment base for the purposes of determining the annual assessment base does not include compensation for loss of earnings following incapacity for work or disability paid under the Civil Code, and also that the condition of personal care within the meaning of the Pension Insurance Act is satisfied in the course of employment only if the employment is carried out under such reduced working hours or under other similar conditions that do not prevent the proper exercise of personal care. It is also worth noting the conclusion concerning the assessment of the applicant's state of health and the partial conclusion concerning the periods of receipt of the old-age pension compensation. The article critically analyses these conclusions and puts them into a broader context.

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