Full text of Act No. 100 / 1978 Coll.
Decree of the Government of the Czechoslovak Socialist Republic on the exceptional provision of pension to certain working pensioners (as follows from amendments and additions made by the Government of the Czechoslovak Socialist Republic Decree No. 71 / 1978 Coll.)
Valid
100
THE PRESIDENT OF THE GOVERNMENT OF THE CZECH SOCIALISTIC REPUBLIC
Announces
the full text of the Decree of the Government of the Czechoslovak Socialist Republic of 4 December 1975 No 135 Coll., on the exceptional provision of pension for certain working pensioners, as follows from the amendments and additions made by the Decree of the Government of the Czechoslovak Socialist Republic of 15 June 1978 No 71 Coll.:
GOVERNMENT REGULATION
Czechoslovak Socialist Republic on exceptional pension provision to certain working pensioners
The Government of the Czechoslovak Socialist Republic hereby orders, pursuant to Article 169 of Act No. 121 / 1975 Coll., on Social Security (hereinafter referred to as "the Act"):
Entitlements on old-age pension for permanent employment
A worker who is employed after entitlement to an old-age pension is entitled to a pension (insurance) shall be entitled to an old-age pension at an unaltered rate if his gross earnings do not exceed 800 CZK per month.
(1) An old-age pension (insurance) is granted to a worker who is employed (1) after entitlement to an old-age pension is established.
(a) to an unchanged amount, if employed:
1. in the manufacture of industrial, construction, agricultural or forestry works, including custom works, repairs and maintenance;
2. in transport, communication, geological, in internal trade or in material technical supplies;
3. in the professional professions or as an operating and operating worker in municipal services or in the provision of services in the section of cultural education;
4. in working-class professions or as an operating and operating worker in mass catering establishments;
5. in working-class professions in health organisations, as a health care worker in daycare and microcare, as a middle, lower or auxiliary health worker in continuous or three-shift operations in health care organisations and in social care facilities, in the performance of work in the care service, as a tutor in care facilities for young people;
6. in the case of heating, maintenance or cleaning work or the work of a member of the racing guard, doorman and guard;
(b) up to 1100 CZK per month if employed
1. in health care, social care, community services and mass catering establishments in the course of work other than those referred to in (a) 3 to 5;
2. the purchase of agricultural products, housing, accommodation and tourism services.
(2) The provisions of paragraph 1 shall not apply to workers performing administrative work and, with the exception of those referred to in paragraph 1 (a) (4) and (6), to work in management bodies.
(1) A worker who is employed after entitlement to an old-age pension is entitled to an old-age pension shall be entitled to that pension at the rate of one half, provided that there is no more favourable treatment for him under § 1 or § 2, if his gross earnings have fallen substantially after entitlement to an old-age pension; However, it is a condition that a substantial reduction in earnings was caused by a reduction in the working time due to a reduction in the working time or change in employment.
(2) A substantial decline in the worker's earnings shall be considered if the monthly gross earnings of the worker are at least one third lower than the average monthly earnings of which the old-age pension is calculated but unlimited in accordance with Paragraph 14 (4) of the Act.
(3) Half of the old-age pension is calculated from the old-age pension of the amount at which it would be due on the date on which half of that pension is granted. The average monthly earnings of the worker shall be collected from gross earnings earned prior to the year in which he was entitled to an old-age pension; If the worker has been employed continuously and has not received the old-age pension or part of it after entitlement to the old-age pension, the average monthly earnings on gross earnings earned before the year in which there was a substantial decrease in earnings after the pension entitlement was established shall be established if this is more favourable for the worker.
Pension entitlements for short-term employment
(1) An old-age, widower's and orphan's pension pension (insurance) which would not be paid or would be reduced in employment shall be granted an unchanged pension if the pensioner is employed for a short period of up to a maximum of 180 working days, unless the pensioner has actually worked more than that number of working days in the short-term employment so agreed in the calendar year. The number of days worked includes the days for which the pensioners were entitled to sickness benefit, the compensation for wages, and also the holidays for the pensioners remunerated by the monthly salary, even if they do not have compensation for the wages for those days. The days for which compensation for unpaid leave was due shall not be included in the number of days worked.
(2) The pensioners referred to in the preceding paragraph shall also be entitled to an unaltered pension if they are employed with an obligation of such an extent that they do not exceed 1200 working hours in the calendar year.
(3) Where the pensioner has carried out both the work referred to in paragraph 1 and the work referred to in paragraph 2 in the same calendar year, each day in which the work referred to in paragraph 2 was carried out shall be treated as one working day; the total duration of all work shall not exceed 180 working days in the calendar year.
(4) In the event of an increased need for emergency labour, the maximum period of work laid down in the preceding paragraphs may be exceeded. The extent of such exceedance and the work for which it is permitted shall be decided by the Government of the Czechoslovak Socialist Republic and by the Government of the Czech Socialist Republic and the Government of the Slovak Socialist Republic in the case of individual emergencies for organisations governed by the Federal Central Authorities.
(repealed including title)
Entitlements on pensions in respect of work under the employment agreement or in respect of the provision of services or repairs on the basis of the authorisation of the national committee
(1) Old-age pensioner who is engaged in work under the employment agreement (2) shall be granted this pension only under the conditions and at the level laid down in Sections 1, 2 and 4 for the provision of an old-age pension at work. Paragraph 4 on the payment of widower's and orphan's pensions in the same way applies. Where no working days (paragraph 1) or working hours (paragraph 2) have been agreed in the employment agreement concluded for the performance of the work referred to in paragraph 4, one calendar week of the period for which the work agreement was concluded shall be calculated in five working days.
(2) Old-age pensioner who provides services or repairs on the basis of the authorisation of the National Committee (3) shall be granted this pension only under the conditions and at the level laid down in paragraphs 1 and 2 for the provision of an old-age pension at work.
Common provisions
According to this Regulation, workers are employed, a member of the production cooperative, a member of the single agricultural cooperative, a soldier of the profession, a member of the National Security Corps and a member of the corrigendum and a member of the corrigendum and a worker referred to in § 3 (c) of the Act; 4) employment here means employment in employment, employment in relation to a member of the production cooperative and a member of the single agricultural cooperative, a service in the armed forces and other activities referred to in § 9 (2) (a) of the Act. 5)
(1) For the period of employment (the work referred to in Paragraph 6), during which an old-age pension or part thereof is granted, entitlement to that pension shall not be increased.
(2) The worker may choose the place where the pension is paid to increase the pension entitlement. The choice made may not be changed before the expiry of three months; However, if there are cases referred to in Section 4, the pensioner may at any time ask to be entitled to an old-age pension instead of a pension. The period of employment (the work referred to in Paragraph 6) shall be assessed for the purpose of increasing the pension entitlement in all these cases under the general rules from the day following the end of the period for which the monthly pension payment has already been paid.
For the period during which the old-age pension or part thereof is payable under § 1 to 4 at work, the pension shall be paid even if at that time the sick pension is payable.
The organisation shall state in the report of the social security body the circumstances of which it is apparent whether the work in which the pensioner is subject to benefits under this Regulation or whether the work referred to in Article 6 is concerned. The organisation shall be liable under the applicable rules for damage caused by undue pension payments. 6)
(1) Workers of old-age pensions who are employed in the production, services and other work referred to in Article 2 (1) (a) of this Regulation and who, following an increase in accordance with Part Eight of the Act, pay an old-age pension of more than 1100 CZK per month, are required to declare until 31 January 1976 the duration of such employment to the pension authority which pays the pension.
(2) If, in the cases referred to in paragraph 1, the amount of the old-age pension exceeds the amount of CZK 1100 per month, the old-age pension paid shall be adjusted to that amount, starting with the payment of the pension due in February 1976. Overpayments resulting from the payment of old-age pension payments exceeding 1100 CZK per month for February and March 1976 shall not be recovered if the pensioner has fulfilled his reporting obligation.
(3) Workers of old-age pensions who work in single agricultural cooperatives and who no longer have a pension in employment under this Regulation are required to declare the duration of such employment by 10 January 1976. Overpayments resulting from the payment of payments of pensions for January and February 1976 shall not be enforced if the pensioner has fulfilled his reporting obligation.
Final provisions
The decree of the Government of the Czechoslovak Socialist Republic No 2 / 1971 Coll., on the exceptional provision of pensions to certain working pensioners is hereby repealed.
This Regulation shall enter into force on 1 January 1976.
Decree of the Government of the Czechoslovak Socialist Republic No. 71 / 1978 Coll., amending and supplementing the Government of the Czechoslovak Socialist Republic No. 135 / 1975 Coll., came into effect on 1 August 1978.
Strougal v. r.
1) It concerns activities in the sectors of the national economy defined by Decree No. 113 / 1972 Coll., on the establishment and use of a uniform classification of the national economy sector, issued by Act No. 21 / 1971 Coll., on the Single System of Social Economic Information. The definition of the terms "worker professions" and "operating and operating workers" was carried out by the Federal Statistical Office under Decree No. 129 / 1971 Coll., on the establishment and use of a uniform classification of employment and a uniform classification of study and teaching fields.
2) § 232 (2) of the Labour Code (full version No 55 / 1975 Coll.); in the case of work carried out under the agreement on the performance of the work referred to in Section 232 (3) of this Code, an old-age pension shall be provided at an unchanged rate.
3) Principles No 20 / 1965 Coll.
4) For example, members of popular control bodies, members of national committees, if they are made available for the performance of parliamentary duties, lawyers.
5) Another activity is, for example, the activities of members of popular control bodies, members of national committees, if they are made available for the performance of parliamentary duties, lawyers.
6) The obligation of organisations to keep records and report for social security purposes and the obligation to replace the wrongly paid benefits is laid down in Sections 111 to 113 of the Act and Sections 151 to 159 of Decree No. 128 / 1975 Coll.
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Regulation Information
| Citation | Full text of Act No. 100 / 1978 Coll., Decree of the Government of the Czechoslovak Socialist Republic on the exceptional provision of pensions to certain working pensioners (as is apparent from the amendments and additions made by the Government of the Czechoslovak Socialist Republic Decree No. 71 / 1978 Coll.) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.09.1978 |
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| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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