Act No. 101 / 1964 Coll.
Social security law
Valid
Effective from 01.07.1964
Contents
§ 1
§ 2
ČÁST PRVNÍ
Díl první
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
Díl druhý
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
ČÁST DRUHÁ
Díl první
§ 40
§ 41
§ 42
Díl druhý
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
ČÁST TŘETÍ
§ 51
ČÁST ČTVRTÁ
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
ČÁST PÁTÁ
Díl první
§ 66
Díl druhý
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
Díl třetí
§ 76
§ 77
§ 78
Díl čtvrtý
§ 79
Díl pátý
§ 80
§ 81
ČÁST ŠESTÁ
Díl první
§ 82
§ 83
§ 84
§ 85
§ 86
§ 87
Díl druhý
§ 88
§ 89
§ 90
§ 91
§ 92
§ 93
§ 94
ČÁST SEDMÁ
§ 95
Díl první
§ 96
§ 97
§ 98
§ 99
§ 100
§ 101
§ 102
§ 103
§ 104
Díl druhý
§ 105
Díl třetí
§ 106
§ 107
Část osmá
§ 107a
§ 107b
§ 107c
§ 107d
§ 107e
§ 107f
§ 107g
§ 107h
§ 107ch
§ 107i
§ 107j
§ 107k
ČÁST DEVÁTÁ
Díl první
§ 108
§ 109
§ 110
§ 111
§ 112
§ 113
§ 114
§ 115
§ 116
§ 117
§ 118
§ 119
§ 120
§ 121
§ 122
§ 122a
§ 123
§ 124
§ 125
§ 126
§ 127
Díl druhý
§ 128
§ 129
§ 130
§ 131
§ 132
§ 133
§ 134
§ 135
§ 136
§ 137
§ 138
Díl třetí
§ 139
§ 140
§ 141
§ 142
§ 143
Díl čtvrtý
§ 144
§ 145
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101
THE LAW
of 4 June 1964
on social security
The Constitution of the Czechoslovak Socialist Republic guarantees all workers the right to physical security in old age and incapacity to work.
This right is provided by a social security system which develops in accordance with the possibilities and needs of the entire national economy.
On the basis of the continuous development of production forces and the improvement of production relationships, a socialist society is creating increasingly favourable conditions to improve living and working conditions and to meet workers' material and cultural needs in general. These improving working and living conditions and the continuous deepening of health and social care are already manifested not only in improving the health of the population but also in extending work activity. Developments in this direction will be further accelerated by the gradual removal of heavy and healthy harmful work, the introduction of new techniques, in particular complex mechanisation and automation of production, the gradual shortening of working time and further deepening and improving medical preventive care.
This development is also supported by the social security system, which is intended to promote a conscious extension of work activity and contribute to helping workers who also receive the right to retire, according to their ability, to help further develop socialist society.
The social security system must ensure that all material and financial resources devoted to social needs by our society are used as efficiently as possible in line with the interests and needs of the further development of our national economy and that, in the allocation of such funds, the legitimate needs of those workers who cannot satisfy their own work for old age or disability are ensured. This principle requires social considerations to be applied more in the pension system, in particular by reducing the spread between higher and lower pensions, which will be achieved by taxing higher pensions and increasing low pensions by increasing higher levels of work.
The pension insurance of members of the armed forces of the profession and members of the security corps shall be adapted to the pension insurance of other workers.
The pension rights shall be paid to all workers on the basis of work. Therefore, the remains of former social insurance capitalist systems are removed from pension insurance.
The social importance of childcare requires a more favourable adjustment of the entitlements of working mothers, in particular by reducing the age limit for the right to an old-age pension for women with multiple children and assessing childcare for pension rights.
Social security benefits and services are provided by the State.
They shall participate to the widest extent in the implementation of social security, through national committees and their social organisations.
In order to implement the following principles, established by the 18th Congress of the Communist Party of Czechoslovakia, the National Assembly of the Czechoslovak Socialist Republic decided on this law:
Social security coverage
(1) Social security under this Act includes:
1. pension insurance
(a) workers (working in a working or teaching relationship and members of production cooperatives);
(b) workers who have rights and obligations under this Act, regulations issued for its implementation or under other pension regulations, such as workers, in particular officials of national committees, officials of the Commission of People's Control and Statistics, professional judges, lawyers - members of law firms, students and scientific and artistic aspirants;
(c) members of the armed forces and members of the occupational security corps;
(d) other citizens serving in the armed forces, members of the People's militia, border guards and members of the Public Security Assistance Guard, unless they are secured under other regulations *),
(e) combatants against fascism, victims of war and fascist persecution in times of unfreedom, as well as participants in the liberation struggle during the First World War ("resistance participants") and participants in the preparation to defend the Czechoslovak Socialist Republic, unless they are secured under other regulations. +)
(f) participants in short-term or unpaid brigades, voluntary firemen, voluntary medical professionals of the Czechoslovak Red Cross, participants in organised physical education and other workers, on which this is provided for in implementing regulations, in the event of an accident at work,
(g) writers, composers, artists, architects, scientists, journalists, performers and artists (hereinafter referred to as artists);
2. the security of members of the families of citizens in the armed forces, unless they are secured under other regulations *);
3. sickness insurance for pensioners;
4. social security services.
(2) Social security also includes pension insurance for survivors of the persons referred to in paragraph 1 No 1.
The Special Act regulates social security for cooperative peasants * *.
PENSION SECURITY OF WORKERS
Basic provisions
Types of pension benefits
The following benefits shall be provided from pension insurance:
1. pensions
(a) old-age;
(b) invalidity and partial invalidity,
(c) widower,
(d) orphans;
(e) wives,
(f) personal,
(g) social;
2. pension education;
3. increase in pension and education for helplessness.
General provisions on the conditions of benefits
(1) The conditions under which pension benefits are granted are laid down in the provisions on individual benefits.
(2) The pension rights of the old-age and disabled (partial invalidity) are governed primarily by:
(a) working categories;
(b) the length of the period of employment; and
(c) the amount of the earnings.
Working categories
(1) Employment is to be classified in three categories of work according to the type of work carried out:
1. the first working category belongs to:
(a) employment in mining underground in deep mines;
(b) the employment of flight crew members and personnel continuously active on aircraft in flight;
(c) employment in which particularly heavy and harmful work is carried out in smelters or in heavy chemical plants;
(d) the employment of casons and divers,
(e) employment in the final processing of radioactive raw materials;
(f) mining work carried out under the lower level of the above and on a hiding place in coal surface mines (quarries) and radioactive raw materials;
2. the second working category includes other employment in which work is carried out under particularly difficult working conditions;
3. all other jobs belong to the 3rd working category.
(2) As periods of employment I (II) of the working category, replacement periods (§ 7 (1)) are also included if the employment of I (II) of the working category was interrupted only by those periods. The implementing rules shall specify the periods of resistance and fascist persecution and the extent to which they shall be counted as employment periods of the Working Category I (II).
(3) The Government determines which types of work justify the inclusion of employment in the first or second working categories and how classification is carried out.
Employment period
(1) Where, under this law, a certain period of employment is required for the creation or amount of pension entitlement, the following periods shall be understood as from the date of the creation of the Czechoslovak State:
1. the duration of the working (teaching) ratio, the duration of the activity in relation to a member of the production cooperative and the duration of the other activity during which workers have rights and obligations in pension insurance as workers [Paragraph 1 (1) (1) (b)];
2. the period of service of the professional soldier and member of the Security Corps;
3. the duration of exclusions, strikes and persecution for activities in the revolutionary labour movement; other periods of unemployment shall be counted on a case-by-case basis to the extent decided by the District National Committee;
4. the period of study in schools, including universities, needed to prepare for the post-compulsory education profession; However, the period of study before 9 May 1945 shall be counted against the period of employment only for a worker whose total period of employment from the end of the period of study to the date of entitlement to the pension is at least 3 / 4 for the period of employment;
5. the duration of the working (teaching) ratio abroad, if the worker has a permanent residence in the Czechoslovak Socialist Republic at the date of the pension entitlement and is
(a) a Czechoslovak citizen; or
(b) a foreign national who has been employed in the territory of the Czechoslovak Socialist Republic for at least 10 years unless there is something else in the interstate conventions.
(2) The period of the employment (teaching) ratio (work) shall be assessed as the period of employment if the employment (work) ratio is established or established in accordance with the rules applicable to workers; If the worker was not involved in sickness insurance because he had not been registered for insurance or because he had not established employment under the rules of the sickness insurance in force at the time, employment shall be evaluated for the purposes of this law if he had established participation in sickness insurance under the rules in force at the time of the pension entitlement.
(3) The implementing rules provide,
(a) which other periods are considered as periods of employment;
(b) how to assess the period of pension insurance obtained under the rules on pension insurance for cooperative peasants or under the rules on pension insurance for individual farmers and other persons self-employed.
Replacement periods
(1) If employment lasts at least a year, the following periods (replacement periods) are included in the period of employment:
(a) the period of service in the Czechoslovak armed forces, where such service has not been pursued as a profession; the duration of another military service shall be counted to the extent laid down in the implementing rules;
(b) the period of resistance and detention (internment) for political, national or racial reasons in a period of infreedom *); those periods shall be counted to the extent laid down in the implementing rules;
(c) the period during which the worker was or could not be in employment in a period of infreedom due to political, national or racial oppression;
(d) the period for which a woman has taken care of a child (including an adopted or other child who has been taken over by a parent) under the age of three years or of an invalid minor who has needed permanent care and has not been placed in a care institution; from 1 October 1948 either
(e) the period during which the worker was entitled to cash sickness insurance benefits provided instead of wages;
(f) period of professional or political training;
(g) the period of preparation for the profession to be carried out under the rules on occupational rehabilitation;
(h) the period during which an invalidity pension or benefit is to be considered as an invalidity pension from 1 January 1957 but only for the entitlement to a pension;
From 1 January 1957 either
(ch) the period of partial invalidity pension for which the allowance was paid before being placed in employment.
(2) If the period of employment and the replacement period are covered, only the more favourable period for the worker should be taken into account. The same applies if they cover each other's periods of employment or replacement periods.
Employment interruption
(1) Where employment has been interrupted (Sections 6 and 7) for a period not exceeding five years, the period of employment shall be counted before the interruption; However, if the termination of employment lasts more than five years, the period of employment before the interruption shall be counted only if the employment lasted at least three years after the interruption.
(2) Where employment has been interrupted for serious reasons, pension rights shall be assessed as if the worker has not ceased employment; However, the period of interruption shall not count against the period of employment. At the request of a worker, the district national committee shall decide whether employment has been interrupted for serious reasons. The application shall be submitted within two years of the date on which the employment was interrupted.
Average monthly earnings
(1) An old-age and disabled (partial invalidity) pension is calculated from the average monthly earnings.
(2) The average monthly earnings shall be based on gross earnings for the last 10 or, where applicable, for the last 5 calendar years before the year in which the pension entitlement arose, whichever is more favourable for the worker. If the worker has been employed continuously after entitlement to an old-age pension, the average monthly earnings for the measurement of the old-age pension shall be collected from gross earnings for the last 10 (5) calendar years before the year in which the worker left employment, provided that this calculation is more favourable to him than the calculation provided for in the first sentence.
(3) If the average monthly earnings calculated over the period referred to in the preceding paragraph exceed the amount of 2000 Kčs, the amount of 2000 Kčs shall be taken in full and one third of the amount exceeding 2000 Kčs but not exceeding 1000 Kčs.
(4) An old-age or disabled (partial invalidity) pension for those who have benefited or have already benefited from one of these pensions may not be charged on a lower average monthly earnings than the average monthly earnings on which the previous pension was calculated.
Pension benefits
Old-age pension
The worker shall be entitled to a full old-age pension or a proportional old-age pension according to the length of the period of employment and the age reached.
Conditions for entitlement to full retirement pension
(1) A full retirement pension is entitled to a worker who has been employed for at least 25 years and has reached the age of at least 60 years during the period of employment.
(2) A full retirement pension shall also be entitled to a worker who has been employed for at least 25 years and has reached the age of at least:
(a) 55 years if he has been employed for at least 20 years referred to in Article 5 (1) (1) (a) to (e) and that employment has lasted at that age;
(b) 58 years if he has been employed for at least 20 years as referred to in Article 5 (1) (1) (f) and that employment has lasted at that age.
(3) A woman is entitled to a full old-age pension if she has been employed for at least 25 years and has reached the age of at least
(a) 53 and raised five or more children;
(b) 54 years old and raised three or four children,
(c) 55 and raised two children,
(d) 56 years old and raised one child,
(e) 57 and raised no child;
where the provisions of the preceding paragraph are not more favourable to it.
(4) When assessing a woman's entitlement to an old-age pension, account shall be taken of her (also adopted) children and of the children she has taken into care in the replacement care of the parents.
(5) The establishment of a right to an old-age pension under the preceding paragraphs shall not prevent a worker from being employed for a maximum period of two years immediately before the age needed to qualify for that pension.
Conditions for entitlement to a proportional old-age pension
(1) A staff member who has been employed for less than 25 years but at least 10 years shall be entitled to a proportional old-age pension if, during the period of employment, he has reached the age of at least 65.
(2) A woman is entitled to a proportional old-age pension not only under the preceding paragraph but also if she was employed for less than 25 years but at least 20 years, she has reached at least the age of
(a) 60 years old and raised at least one child; or
(b) 62 years old and raised no child.
(3) Paragraph 11 (4) and (5) applies mutatis mutandis.
Amount of old-age pension
Amount of full retirement pension
(1) The basic amount of the full old-age pension of a worker who has fulfilled the conditions laid down for entitlement to that pension shall be:
(a) 60% of the average monthly earnings, provided that the worker was employed from the necessary period of employment for 25 years for at least 20 years in the first working category and that the employment of that category lasted on the date on which the pension entitlement was acquired;
(b) 55% of the average monthly earnings, provided that the worker was employed from the necessary period of employment for 25 years at least 20 years in the second working category and that the employment of that category lasted on the date on which the pension entitlement was acquired;
(c) 50% of the average monthly earnings in other cases.
(2) The basic amount referred to in the preceding paragraph shall be added to the staff referred to in (a) and (b) from the 21 year of employment and from the 26 year of employment for each year of employment.
| I. pracovní kategorie | 2 %, |
| II. pracovní kategorie | 1,5 % a |
| III. pracovní kategorie | 1 % |
the average monthly earnings, but only up to the amount laid down in paragraph 4; only the period of employment after the age of 18 shall be taken into account.
(3) If the worker has been employed alternately in different categories of work, the employment period of the 3rd working category, then the employment period of the 2nd working category and the last employment period of the 1st working category shall be added to the pension in accordance with the preceding paragraph in the first 25 years of employment.
(4) The old-age pension is at the date of the entitlement
(a) a maximum of 70% of the average monthly earnings if the worker from the required period of employment for 25 years has been employed for at least 20 years in the second working category;
(b) not more than 60% of the average monthly earnings if the worker does not meet that condition.
(5) If a worker from the required period of employment for 25 years has been employed for at least 20 years in the first working category, the amount of the old-age pension shall not be limited in accordance with the preceding paragraph.
Amount of the proportional old-age pension
The proportional retirement pension for each year of employment is 2% of the average monthly earnings *).
Entitlement to an old-age pension for another job
(1) The development of production forces and the constant improvement of living standards and care for workers' health make it possible for workers who fulfil the conditions for entitlement to an old-age pension to continue to work according to their physical and mental capacity. In view of the interest of the company as well as the strengthening of the physical interest of workers in other employment, entitlement to an old-age pension for the period of further employment shall be increased in accordance with other provisions.
(2) In cooperation with the race committees of the Revolutionary Trade Union Movement's basic organisations, the races are required to create favourable conditions in accordance with the needs of the national economy for the further employment of those workers who do not apply their right to retire and decide to continue their work even after entitlement to an old-age pension.
(4) An old-age pension is not granted for the period of continued employment and work in the single agricultural cooperative unless the government provides for exceptions (§ 58).
Increase in entitlement to full retirement pension
(1) A worker who is employed after being entitled to a full old-age pension and does not receive an invalidity pension shall be entitled to a full old-age pension for each subsequent year of employment by 4% of the average monthly earnings and 1% of the average monthly earnings for each three months of employment in the uncompleted year of employment.
(2) A full old-age pension after an increase shall be at least:
440 CZK per month, if another job lasts at least a year,
480 CZK a month, if another job lasts at least two years, and
520 CZK a month, if another job lasts at least three years.
(3) Replacement periods shall not be counted until further employment.
Increase in entitlement to a proportional old-age pension
(1) A worker who is employed after entitlement to a proportional old-age pension and does not receive an invalidity pension shall be entitled to a proportional old-age pension for each subsequent year of employment until entitlement to a full old-age pension is established by 2% of the average monthly earnings.
(2) The proportion of the old-age pension of a worker who has been employed until the date of entitlement to such a pension is at least 15 years after the increase referred to in the preceding paragraph
330 CZK a month, if another job lasts at least a year,
360 CZK a month, if another job lasts at least two years, and
400 CZK a month, if another job lasts at least three years.
(3) After the completion of 25 years of employment, entitlement to an old-age pension shall be increased in accordance with the provisions on increasing entitlement to a full old-age pension.
(4) Replacement periods shall not be counted until further employment.
Maximum and lowest area of old-age pension
(1) The old-age pension, together with any other pension pension from the pension (insurance), must not exceed
2200 CZK per month if the worker was employed for a total of at least 20 years in the first working category and the employment of that category lasted on the date on which the pension entitlement was acquired;
1800 CZK per month if the worker was employed for a total of at least 20 years in the first working category and the employment of that category did not last on the date of the pension entitlement, or if he was employed for a total of at least 20 years in the second working category;
1600 CZK a month in other cases.
The amount exceeding these scales shall be determined only in respect of the increase in the old-age pension for the period of further employment after entitlement to the pension; the pension together with this increase and any other pension pension (insurance) may not, however, exceed the amount of 2500 CZK per month.
(2) A full old-age pension is at least 400 CZK a month.
(3) A proportional old-age pension of at least 300 CZK per month.
(4) However, the old-age pension shall be no more than 90% of the average monthly earnings not limited by Article 9 (3) and reduced by an amount equal to the wage tax determined on the date on which the pension entitlement was established.
(5) If the old-age pension is the only source of income of the pensioner, it may be increased to an amount of 550 CZK per month; if the pensioner also has another income (pension), the old-age pension may be increased in such a way that the sum of such income and other income (pension) is 550 CZK per month. If a member of the family of the pensioner is also dependent on the pension, the pension may be increased to an amount of 900 Kns per month; if the pensioner or such a family member also has another income (pension), the old-age pension may be increased in such a way that the sum of such income and other income (pension) is 900 CZK per month. If the conditions for increasing the pension are met by both spouses (type and mate), only the pension of one of them may be increased by the difference between the amount of 900 CZK and the total of pensions and other income of the two spouses (mate and partner). The old-age pension, increased by previous sentences, can be measured at more than 90% of the average monthly earnings (paragraph 4).
(6) The pension referred to in the preceding paragraph may be increased only if the pensioner (family member) for old age, medical condition or other serious reasons cannot increase the standard of living of his own work. In the event of an increase in the pension provided for in that provision, no account shall be taken of the increase in education, the increase in pension (education) for helplessness, the contribution from supplementary social care, the occupational income of the pensioner or his family member from an activity that does not last more than 60 working days in a calendar year, or the income of the pensioner or his family member over 70 years. The increase in the pension shall not be included in the amount of the pension applicable to the calculation of the survivors' pensions.
Invalidity (partial invalidity) pension
(1) A social society ensures the health of workers and the development of their working capacity. The health and social security authorities, in cooperation with the authorities of the Revolutionary Trade Union Movement and in cooperation with the care plants, provide workers whose unfavourable health status results in a change, decrease or loss of working capacity, provide health and social security authorities, in cooperation with the authorities of the Revolutionary Trade Union Movement and in cooperation with the care plants, so that the necessary treatment, transfer to appropriate work, modification of working conditions and effective occupational rehabilitation (§ 68), retain or obtain appropriate employment and thus ensure the standard of living.
(2) In the event of a long-term decline or loss of working capacity, workers are provided with an invalidity pension. If the nature of the health damage and the age of the workers permit improvements in their health status and the restoration of working capacity, the invalidity (partial invalidity) pension shall be granted for a period of full (partial) invalidity and appropriate occupational rehabilitation shall be allowed to re-establish the working capacity of the pensioners or to make appropriate use of the remaining working capacity.
Conditions for entitlement to an invalidity pension (partial invalidity pension)
(1) An invalidity (partial invalidity) pension belongs to a worker who has been employed for the period required for the pension entitlement (Paragraph 21) and has become wholly (partly) disabled during the period of employment or not later than two years after the end of the pension.
(2) However, an invalidity pension is not for a worker who has already fulfilled the conditions for entitlement to an old-age pension at the time when the full invalidity is due to an accident at work (§ 22).
(3) The worker is fully disabled if for a long-term unfavourable health
(a) he is unable to carry out any continuous employment or pursuit of such employment would seriously impair his health; or
Contents
§ 1
§ 2
ČÁST PRVNÍ
Díl první
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
Díl druhý
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
ČÁST DRUHÁ
Díl první
§ 40
§ 41
§ 42
Díl druhý
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
ČÁST TŘETÍ
§ 51
ČÁST ČTVRTÁ
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
ČÁST PÁTÁ
Díl první
§ 66
Díl druhý
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
Díl třetí
§ 76
§ 77
§ 78
Díl čtvrtý
§ 79
Díl pátý
§ 80
§ 81
ČÁST ŠESTÁ
Díl první
§ 82
§ 83
§ 84
§ 85
§ 86
§ 87
Díl druhý
§ 88
§ 89
§ 90
§ 91
§ 92
§ 93
§ 94
ČÁST SEDMÁ
§ 95
Díl první
§ 96
§ 97
§ 98
§ 99
§ 100
§ 101
§ 102
§ 103
§ 104
Díl druhý
§ 105
Díl třetí
§ 106
§ 107
Část osmá
§ 107a
§ 107b
§ 107c
§ 107d
§ 107e
§ 107f
§ 107g
§ 107h
§ 107ch
§ 107i
§ 107j
§ 107k
ČÁST DEVÁTÁ
Díl první
§ 108
§ 109
§ 110
§ 111
§ 112
§ 113
§ 114
§ 115
§ 116
§ 117
§ 118
§ 119
§ 120
§ 121
§ 122
§ 122a
§ 123
§ 124
§ 125
§ 126
§ 127
Díl druhý
§ 128
§ 129
§ 130
§ 131
§ 132
§ 133
§ 134
§ 135
§ 136
§ 137
§ 138
Díl třetí
§ 139
§ 140
§ 141
§ 142
§ 143
Díl čtvrtý
§ 144
§ 145
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Regulation Information
| Citation | Act No. 101 / 1964 Coll., on Social Security |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.06.1964 |
|---|---|
| Effective from | 01.07.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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