What is Decree No. 102 / 1964 Coll.?

Decree No. 102 / 1964 Coll., implementing the Social Security Act — Decree of the State Social Security Office implementing the Social Security Act.

When it became Decree No. 102 / 1964 Coll. effectiveness?

Decree No. 102 / 1964 Coll. became effective 01.07.1964.

Is Decree No. 102 / 1964 Coll. still valid?

Yes, Decree No. 102 / 1964 Coll. is still valid and effective.

Decree No. 102 / 1964 Coll. - Decree of the State Social Security Offi...

102

DECLARATION

State Social Security Office

of 8 June 1964

implementing the Social Security Act

The State Social Security Office shall, in agreement with the Central Council of Trade Unions and the participating Central Authorities, and as regards members of the armed forces and members of the occupational security services, also provide for social security (hereinafter referred to as "the Act") in agreement with the Ministers of National Defence and Interior under § 143 (1) to (3) of Act No. 101 / 1964 Coll.:

ČÁST PRVNÍ

Díl první

Oddíl 1

Pension insurance for workers

Working categories

K § 5 of the Act

§ 1

(1) Where the law requires, in order to obtain benefits from the I (II) working category, that the worker be employed in that category on the day on which the pension entitlement is acquired *), those benefits shall be maintained if:

(a) no more than two years have elapsed since the end of employment of I (II); or

(b) such employment has ended for reasons of health recognised by the Social Security Assessment Committee of the District National Committee or for other serious reasons recognised by the District National Committee on the basis of the opinion of the body of the Revolutionary Trade Union Movement's basic organisation and, if such reasons persist.

(2) If the worker has interrupted the employment of category I. (II) and the interruption has not lasted more than five years, the period of employment of category I. (II) shall be counted as the period of employment of category I. and the period of employment of that category before the interruption. However, if the interruption without a serious reason lasted more than five years, the period of employment of the first (II) working category shall be counted before the interruption in order to maintain the benefits of the first (II) working category, only if the worker was reemployed in the first (II) working category for at least three years until the date of the pension entitlement.

(3) The period referred to in paragraph 1 (a) and the period of interruption of employment referred to in paragraph 2 are extended by the period during which the worker was entitled to an invalidity pension.

(4) If the worker has not been employed in the first or second working categories throughout the period needed to obtain benefits from that working category, the period of employment in that working category shall be counted as the period of employment in the lowest working category.

§ 2

(1) The period of the teaching relationship of the apprenticeship for employment I (II) shall be considered as the period of employment of that working category, provided that, in the course of the curriculum, the training of the apprentice is regularly carried out at the workplace or in the premises where the employment of I (II) working category is performed.

(2) The provisions of the preceding paragraph shall apply mutatis mutandis to persons preparing to work outside the teaching relationship.

§ 3

(1) The functionalities of the National Committee and the functionalities of the People's Inspection Commission, for which the term of office is considered to be employment (§ 41), and of the functionalities of the Revolutionary Trade Union Movement of all grades and of the other components of the National Front released from employment for employment in employment in I (II), which were employed in I (II), the working category immediately before the beginning of the term of office, shall be taken into account as the period of employment of I (II), provided that the officials have returned to employment at the end of their term of office in I (II), provided that the adjustment referred to in paragraph 2 is not more favourable; This shall also apply if, at the time of the performance of their duties, they or the survivors are entitled to pension benefits.

(2) A member of the race committee of the basic organization of the Revolutionary Trade Union Movement, a member of the trade union council at the construction site and the officials of the basic organization of the Communist Party of Czechoslovakia or the Czechoslovak Youth Union, which has been released for the performance of this function at the plant from the employment of the first (II) working category, is counted as the period of employment of the first (II) working category.

(3) The period of employment of workers of the Union Workers' Association in Mining, the Union Workers' Association in the Metallic Industry and the ore mines and the Union Workers' Association in Construction who have been employed in the first working category for at least 20 years before entering the Union and for which the current employment is linked to the obligation to regularly visit workplaces below the mines shall be counted as the period of employment of the first working category.

§ 4

Employment period

Article 6 of the Act

The period of employment shall also be deemed to be:

(a) after which the worker was assigned to the labour force *),

(b) continuous work activities carried out in social care institutions by citizens who are located in such institutions for very severe physical (sensory) or mental damage (§ 106 to 108), if the remuneration is at least 120 CZK per month;

(c) vocational training in youth sorting homes;

(d) after which the worker was incorporated by the occupants during the period of infreedom into special services set up for war purposes.

Replacement periods

§ 5

Article 7 (1) (a) of the Law

(1) The following shall be counted as spare time:

(a) the period of basic service, military training, training in arms, active mobilization services and other services in the army of the Czechoslovak Republic from 28 October 1918 to 31 December 1939 and in the Czechoslovak Army and the Security Corps from 9 May 1945, unless such services have been performed by profession;

(b) the period of active service in relation to former serving petty officers or other voluntary active services provided for in Regulation No 224 / 1934 Coll., on supporting and lieutenant in further active service, during the periods referred to in (a).

(2) The period of other military service is:

(a) period of military service in the Red Army from 1 January 1923 to 21 June 1941,

(b) period of military service in Czechoslovak legions after 11 November 1918,

(c) the period of military service in the army of the so-called Slovak State in the period of infreedom (including captivity), in so far as it is not the period of service of an occupational soldier;

(d) the duration of service at the border in the former State Defense Guard divisions.

(3) Until the time of employment, it may also be counted as a period of alternative military service in other armies (including the period of captivity), which was carried out by the mandatory citizens during periods of infreedom.

(4) The periods of military service are generally demonstrated by a certificate issued by the competent military authority.

§ 6

Article 7 (1) (b) of the Law

(1) The period of resistance and detention (internment) for political, national or racial reasons in a period of infreedom shall be understood as:

(a) period of military service in the Red Army from 7 November 1917 to 31 December 1922 and from 22 June 1941 to 9 May 1945,

(b) period of military service in Czechoslovak legions until 11 November 1918,

(c) period of military service in the military units of the Slovak Republic of Councils and in the army of the Hungarian Republic of Councils in 1919;

(d) the period of participation in anti-war revolt during the First World War;

(e) the period of service of a Czechoslovak volunteer in the Spanish Republican Army (International Brigades) from 19 July 1936 to 28 March 1939 and the period he spent in internment camps in France;

(f) period of military service in Czechoslovak foreign armies, 1st Czechoslovak army in Slovakia and in Allied army units between 15 March 1939 and 9 May 1945,

(g) the duration of service in guerrilla units which have taken part in direct combat with fascists or harming activity in the back of the enemy either in the territory of the Czechoslovak State and the Soviet Union or in another European country;

(h) the period of stay in the Allied countries prior to joining the Czechoslovak foreign or Allied army in the period from the crossing of the Czechoslovak border, but not earlier than 15 March 1939, until the date of entry into the Army, if the conditions for recognition as a member of the Czechoslovak foreign or Allied army are fulfilled;

(ch) time spent in Nazi prisons, discipline or concentration camps (in internment) as a result of proven persecution in the period from 1 October 1938 to 5 May 1945 for political, national or racial reasons;

(i) the period of participation in the Slovak National Uprising or any other domestic or foreign resistance between 15 March 1939 and 9 May 1945;

(j) the period of captivity, if, in respect of the period to be counted under this provision, was no later than 9 May 1945;

(k) the period of treatment necessary for the consequences of an uncaused injury or illness arising in the course of the service (activity) or in connection with the restriction of liberty, if such treatment prevented the performance of employment, until 9 May 1945 at the latest.

(2) Field service means military service

(a) in the Red Army fighting enemies of the Soviet Union (Soviet Russia) from 7 November 1917 to 31 December 1922 and from 22 June 1941 to 9 May 1945,

(b) in units of the 1st Czechoslovak Army Corps in the Soviet Union between 1 February 1942 and 9 May 1945 and in the Polish Legion from 1 to 29 September 1939,

(c) for field services in the Czechoslovak foreign armies during the Second World War, fighting in France from 1 September 1939 to 17 June 1940, fighting in North Africa from 1 November 1940 to 31 August 1943 and fighting on the Western Front from 6 June 1944 to 9 May 1945, if they participated in the fight against fascism on the Western Front, and for the field forces in the Allied armies on the Western European and other battlefield between 1 September 1939 and 9 May 1945;

(d) an executive flyer in the Czechoslovak foreign army or in the Allied army, a parachutist thrown down or planted in the rear of the enemy and, between 1 August 1940 and 1 August 1941, also the period of service of a member of the ground forces, airports and anti-aircraft artillery in England;

e) in the 1st Czechoslovak army in Slovakia at the time of the Slovak National Uprising since 29 August 1944,

(f) a Czechoslovak volunteer in the Spanish Republican Army (International Brigades) from 19 July 1936 to 28 March 1939,

(g) at the field departments of the Czechoslovak legions or in the Allied armies between 1 August 1914 and 11 November 1918,

(h) in the departments referred to in paragraph 1 (c) and (g).

(3) The period of field service shall be equal to the period of treatment required for the consequences of an uncaused injury or illness arising from the field service, if such treatment prevented the performance of employment, until 9 May 1945 at the latest.

(4) The periods of resistance activity (paragraph 1) and the services in the field (paragraphs 2 and 3) are demonstrated by a certificate issued by the competent military authority.

§ 7

Article 7 (1) (d) of the Law

If a woman takes care of a child for whom both parents or mothers live, she shall be evaluated only if the child is mainly dependent on a child's nutrition that his parents cannot provide for serious reasons.

Adjustment of entitlements acquired in different types of pension insurance (insurance)

Article 6 (3) (b) of the Act

§ 8

Evaluation of pension rights of cooperative peasants

(1) The entitlement to the pension of a worker who was a member of a single agricultural cooperative who was not recognised as having a higher level of management and who did not fulfil the conditions for entitlement to an invalidity or old-age pension from the pension insurance of cooperative farmers shall be assessed in accordance with the rules on occupational pensions,

(a) if the worker has been employed at least for the period necessary to qualify for the invalidity pension, after having ceased working in the cooperative; the period of pension insurance (insurance) of cooperative peasants shall in this case be included in the amount of pension entitlement;

(b) where that worker does not fulfil the condition under (a) but has obtained, in the occupational pension itself, the period necessary for entitlement to the invalidity pension and, in the case of an old-age pension, the period necessary for entitlement to that pension; However, if more than five years have elapsed between the end of employment and the entry into new employment, the period of employment preceding the period of employment in the single agricultural cooperative shall be counted only if it has been reemployed for at least three years. The pension insurance period (insurance) of cooperative peasants is included in this case for the amount of the pension.

(2) If the worker referred to in the preceding paragraph is not entitled to be assessed in accordance with the rules on occupational pensions, he shall be assessed in accordance with the rules on pension insurance for cooperative peasants; the period of employment in this case shall be counted as the period of pension for cooperative peasants.

(3) Under the rules on occupational pensions, entitlement to the pension of a worker who has not fulfilled the conditions for entitlement to an invalidity or old-age pension from the pension of cooperative farmers shall always be assessed and before entering the service:

(a) a member of a single agricultural cooperative with a higher level of management; or

(b) a member of another single agricultural cooperative, provided that, when entering the cooperative, he has retained his pension rights under the pension scheme of workers * *); or

(c) a member of a single agricultural cooperative and has become a worker of that farm or organisation in the conversion of the cooperative into a state farm or another agricultural organisation;

in all such cases, the pension period of cooperative farmers shall be counted for the establishment and the amount of the pension entitlement.

(4) The condition for assessing the pension insurance period of cooperative peasants before 1 April 1962 as periods of employment under the preceding paragraphs is that premiums have been paid within the prescribed period; the period for which insurance has not been paid shall not be evaluated.

(5) The period of pension (insurance) of cooperative peasants is assessed as the period of employment of the 3rd working category; However, if working in a cooperative is assessed by the social security rules of cooperative farmers as being of the second working category, the period of that activity shall be assessed as the period of employment of the second working category.

§ 9

Evaluation of pension rights of persons self-employed

(1) The pension entitlement of a worker who has been insured as a self-employed person (cooperating member of the family) and who has not fulfilled the conditions for entitlement to an invalidity or old-age pension from that insurance shall be assessed in accordance with the rules on occupational retirement provision, provided that the worker has been employed at least for the period necessary to qualify for an invalidity pension, if the invalidity pension (partial invalidity pension) and for at least 10 years, if the old-age pension is required. If the worker does not fulfil the conditions laid down in the preceding sentence, his pension entitlement shall be assessed in accordance with the pension insurance rules of the self-employed; the period of employment in this case shall be counted as the period of pension insurance of persons self-employed.

(2) The entitlement to the pension of a worker who has been insured as a self-employed person (cooperating member of the family) has not fulfilled the conditions for entitlement to an invalidity or old-age pension from that insurance and has already been employed before the start of the self-employed activity shall be assessed in accordance with the rules on the pension provision of workers by analogy with § 8 (1) (b).

(3) The condition for assessing the period of pension insurance of self-employed persons (cooperating members of the family) as the period of employment is that insurance * has been paid in due time for the entire duration of the insurance; the period of pension insurance is assessed as the period of employment of the 3rd working category.

(4) A worker who is employed in agriculture on a national (school) farm or in another agricultural organisation shall be counted as a period of pension insurance for a cooperating member of a family of an individual farmer's family and the duration of his or her participation between 1 October 1948 and 31 December 1968 in the gainful activities of a spouse who was an individual farmer or a cooperating member of his or her family, provided that at that time he or she fulfilled the conditions laid down for the pension insurance of a co-operative member of the family in Section 1 paragraph 3 of Decree 105 / 1964 Coll., on the pension insurance of individual farmers and other persons self-employed and the provision of a contribution to members of their families, as amended by Decree No 93 / 1968 Coll.

§ 10

(1) The right to an old-age or invalidity pension of a worker who was a self-employed person before entering employment and who did not have a right to a pension as a co-operative or as a self-employed person only because the insurance premiums had not been properly paid shall always be assessed in accordance with the rules on pension (insurance) of cooperative farmers or, where applicable, the pension insurance of those self-employed persons who are in force for him on the date on which all the conditions for entitlement to the pension were otherwise fulfilled, except the condition for the payment of the insurance premiums.

(2) A worker who has already fulfilled the conditions for entitlement to an old-age pension from the pension scheme of cooperative peasants or from the pension scheme of self-employed persons who has not received a pension after 30 June 1964 and who has been employed after the conditions for entitlement to a pension for at least 5 years may be entitled to a pension under the pension scheme of workers, provided that the total period of his employment accounts for at least three quarters for the period of employment.

§ 11

(1) A worker who has already fulfilled the conditions for entitlement to an old-age pension from the pension scheme of cooperative peasants or from the pension scheme of self-employed persons shall be entitled to an old-age pension for the period of employment before 1 July 1964 in accordance with the rules in force before that date. For the period of employment after 30 June 1964, entitlement to an old-age pension shall be increased in accordance with the rules applicable to workers if the worker did not receive an old-age pension during the period of employment; However, the provisions of Sections 16 (2), 17 (2) and 117 (1) of the Act do not apply here.

(2) The increase in entitlement to the old-age pension referred to in the preceding paragraph shall be calculated,

(a) if the pension from the pension (insurance) of cooperative farmers is paid on the average monthly salary from which the pension was paid. If the pension has not been calculated on the average monthly salary, the increase in the pension from the average monthly earnings determined for the period of employment after the pension entitlement is established shall be calculated;

(b) if the pension is paid by persons who are self-employed, the average monthly earnings determined for the period of employment after the pension entitlement has been established.

(3) If the pension payment has been stopped at the worker's request, it may be renewed if employment persists at the earliest after one year.

Average monthly earnings

Article 9 of the Act

§ 12

(1) Until the average monthly earnings are calculated, periods in which the worker had no earnings are also included. However, until that time, the replacement periods and periods during which employment was interrupted for serious reasons (Section 8 of the Act) are not included.

(2) If the recipient of an invalidity pension (partial invalidity pension) is partially disabled and has not been employed at the time of the pension, the partial invalidity pension (invalidity pension) is always measured on the average monthly earnings from which the previous pension was calculated.

(3) If the worker is receiving or receiving an old-age or disabled (partial invalidity) pension from the social security of cooperative peasants who has been assessed on the average monthly wage or pension pension from members of the armed forces who have been assessed on the pension basis, his pension may not be charged on a lower average monthly income than the average monthly wage or pension base (Section 133 of the Act) on which the former pension was calculated.

(4) The provisions on the calculation of the average annual earnings of workers who have been released or transferred as a result of reorganisation of industry and government (*) or in connection with the conversion of a territorial organisation of the State shall remain without prejudice to the provisions on the date of their release or transfer, where this is more favourable to the worker.

(5) If the old-age pension has not been calculated on the average monthly (annual) earnings, an increase in the pension from the average monthly earnings determined for the period of employment after the pension entitlement is established shall be calculated.

§ 13

Gross income

(1) Gross earnings are all gross wages (income) achieved in or in connection with employment, if they are subject to payroll tax.

(2) Gross earnings are also gross wages (income) if they do not result in a wage tax deduction because the earnings are below the taxable amount.

(3) Gross earnings do not include wages (income) which are exempt from payroll tax by the payroll tax law. * *).

(4) Premiums and shares in economic results *) are calculated in gross earnings achieved at the time of payment.

(5) Natural benefits are valued for the determination of gross earnings in the same way as for wage tax * * *).

(6) The gross earnings of a worker who carries out simultaneously two or more employment (Section 6 of the Act) are the sum of gross earnings from all employment; if the worker also works in a single agricultural cooperative, gross earnings and income from the work attributable to cooperative farmers' social security rules shall be included to determine the average monthly wage.

(7) The gross earnings of a worker who, at the time when the average monthly earnings are collected, has been alternately employed or retired as a member of a single agricultural cooperative or production cooperative or as a member of the armed forces, shall also include income from the work which can be counted under the social security rules of cooperative peasants to determine the average monthly remuneration or gross earnings in the production cooperative (gross earnings of professional soldiers); However, income from the work of the single agricultural cooperative for the period before 1 April 1962 shall be included only if the insurance has been paid within the prescribed period.

(8) The gross earnings of a worker who was insured as an individual farmer or other self-employed before entering or re-entering employment shall be counted as income from self-employed activities on the basis of which the level of the premiums was determined, but only if the premiums were paid on time.

(9) The provisions of the preceding paragraphs shall apply mutatis mutandis to the gross earnings of members of production cooperatives; However, in the year in which it was paid, the additional remuneration for the work is added to the earnings.

§ 14

Deductions of certain periods in the calculation of average monthly earnings

(1) If a replacement period with a period of employment is covered, it is looked at at the time of employment and the earnings achieved there, if it is more favourable for the worker.

(2) The period of apprenticeship or study or the income achieved at that time shall not be taken into account if this is more favourable to the worker.

(3) In calculating the average monthly earnings, the period of maternity leave and other maternity leave shall not be taken into account, even if the worker is not entitled to maternity allowance. Where this is more favourable to the worker, no compensatory allowance shall be taken into account in relation to the period after which she was transferred to another work for pregnancy or maternity or the income achieved at that time.

§ 15

Year of first entry. Year of employment

(1) If the year of first entry falls within the period of the last 10 or 5 calendar years for which the average monthly earnings are calculated, that earnings shall be calculated for a period of less than 10 (5) years on the gross earnings achieved for the calendar years following the year of first entry into employment.

(2) When calculating the average monthly earnings, they shall not be taken into account in the period of employment or in the earnings achieved in the calendar year,

(a) where the worker first entered employment; and

(b) in which the worker is entitled to a pension or in which the worker has ceased employment after entitlement to an old-age pension (Section 9 (2) of the Act).

(3) However, if the calendar year preceding the immediately calendar year in which the pension entitlement was acquired is also the year of the first entry into employment, the average monthly earnings on gross earnings earned during the period of employment shall be calculated; This also applies if the pension entitlement is established in a calendar year which is the year of the first entry into employment at the same time.

§ 16

Old-age pension

Article 11 (3) and (4) and Article 12 (2) of the Law

(1) The child's education condition is fulfilled if the woman is caring or caring for the child at least until the end of his compulsory education.

(2) The condition of raising a child is also fulfilled if a woman could not temporarily personally care for the child or complete his or her education for serious reasons, in particular for illness or because the child died or had been in constitutional care for a long time. The condition of education is not met if the child died within six months of birth or if the woman took up the child's upbringing shortly before reaching its maturity.

(3) The care of a woman other than her (also adopted) child is assessed for entitlement to an old-age pension under the conditions laid down in Section 7.

Invalidity (partial invalidity) pension

§ 17

Article 20 (3) of the Act

(1) A long-term adverse health condition is considered to be an adverse health condition which, according to medical science, will last more than a year.

(2) Continuous employment is a job in employment with a certain regularity and to the extent that the earnings achieved constitute a permanent source of income for the worker; However, such employment is not a job which does not constitute an insurance obligation in sickness insurance under the rules applicable to workers *).

(3) A full disability is also a worker who, although in the long term unfavourable to his health, can carry out continuous employment, but only under very exceptional conditions (e.g. blind persons, persons with very severe orthopaedic defects).

(4) Employment is wholly disproportionate to the earlier skills and social importance of the previous profession if the worker is completely foreign and distant from his or her employment and if his or her earlier skills are not sufficiently exploited, so that it is not appropriate from the point of view of the company for the worker to carry out such an unreasonable job. The former skills of the worker are both innate physical and mental abilities, as well as skills, knowledge and experience acquired before the long-term deterioration of the health status by preparing for a career in competitions or studying at schools of all stages, or by continuing to work longer.

§ 18

Article 20 (4) of the Law

(1) As a rule, a substantial decline in the worker's earnings is considered to be if the average of his gross earnings over the last six months is at least one third lower than the average monthly earnings on which the pension is calculated but unlimited in accordance with Section 9 (3) of the Act. However, if there is a pension which has not been set out in the average monthly (annual) earnings under the former rules, or if the worker has become partially disabled at the time of preparation for the profession, or if there have been substantial changes in the wage ratios of the workers after the pension has been granted, the average gross earnings of the worker in the last six months shall be compared to the average wage normally achieved at the time of the pension entitlement.

(2) If the gross earnings of the worker (the beneficiary of the partial invalidity pension) do not exceed 1000 CZK per month, the condition of a substantial reduction in the earnings is deemed to be met.

(3) The job is equally skilled, a job which is not entirely remote from the job, places similar requirements on the fitness of the worker and usually allows him to earn about the same amount of income as in the previous job.

(4) Particularly facilitated working conditions are substantial work allowances, in particular special working time adjustments (e.g. shortening of working time and reproduction or extension of work breaks), reduction of work performance requirements of the worker working in the task etc.

(5) A job that is less skilled is a job for which a worker is sufficient by his physical and mental skills, but which, when compared to an existing job, places less requirements on physical strength, skill, knowledge and experience, or on the responsibility of a worker, and usually allows him to earn only significantly lower earnings than in an existing job.

§ 19

K § 22 and § 107f § 6 of the Act

If a fully (partly) disabled member of the resistance who has suffered health damage as a result of participation in the resistance (imprisonment or internment for reasons of fascist persecution in a period of non-freedom), it is assumed that the full (partial) disability was incurred in connection with the resistance activity (imprisonment, internment), unless this connection is excluded by the nature of the case.

§ 20

Article 22 (1) (d) and (2) of the Law

(1) The same claims as in an accident at work also apply to accidents suffered in particular types of activity in the circumstances referred to in § 54. In doing so, the average monthly earnings (Section 9 of the Act) shall be considered at least an amount of 800 CZK.

(2) Occupational diseases are the diseases listed in the Annex to this Decree, if they have occurred under the conditions laid down therein.

§ 21

Article 23 (1) and (2) and Article 24 of the Law

If a full disabled person who has previously received an invalidity pension is retreated, the period of the former invalidity pension shall also be assessed for the amount of the invalidity pension if that period has been assessed as the period added to the amount of that former pension.

§ 22

Article 27 (3) of the Law

General living conditions make it very difficult for a long-term unfavourable health state, which is manifested by obvious signs or defects (e.g. post-amputation status), for which a worker can perform normal life tasks (dressing, providing food, going to work) and satisfy the usual social and cultural needs (visiting public rooms, cultural enterprises) only with considerable difficulty compared to healthy workers living in a similar environment.

Pensions of survivors

§ 23

Article 29 (2) of the Act

If none of the parents or persons to whom the child was mainly dependent on nutrition have fulfilled the conditions for entitlement to an invalidity or old-age pension, the orphan's pension belongs to the two-sided orphan child only if at least one of the parents or of the persons to whom the child was mainly dependent had permanent residence in the Czechoslovak Socialist Republic at the time of death.

A widow's pension

§ 24

Article 30 (2) of the Law

Paragraph 16 (1) to (3) shall apply to the condition of the child's education for entitlement to the widow's pension.

§ 25

Confronting a widow's pension with another pension and income from a gainful activity

Article 32 of the Law

(1) The income from the gainful activity is not only gross income from work or similar relationships, but income from any activity regularly carried out. The income also includes the cash benefits of sickness insurance (sickness insurance), replacing the loss of income from the gainful activity. However, if it is a gainful activity which would constitute pension insurance for individual farmers and other persons who are self-employed, the assessment bases laid down in the pension scheme of those persons shall be considered as income from that activity.

(2) An increase in the pension for helplessness is not added to the total pension and income from the gainful activity.

(3) Child care means care provided to a child until the end of compulsory education; then no later than 26 years of age of the child, provided that one of the conditions laid down in Paragraph 33 (3) of the Act is met.

(4) If the working resident of the widow's pension belongs to an invalidity pension (partial invalidity pension) or an old-age pension (§ 58 of the Act), the pension arrangements under § 56 of the Act shall first be made, and the widow's pension or part thereof shall be reduced for co-employment with the earnings provided for in the provisions on the coexistence of the widow's pension with the earnings.

§ 26

Children's pension and education

Articles 33 (4) and (6) and 38 (5) of the Law

Not included in the child's own income

(a) scholarships provided under the applicable scholarship regulations; However, grants which are in the nature of compensation for earnings shall be included in the own income,

(b) the value of free boarding and free meals and clothing provided in accordance with the provisions on the physical arrangements for young people preparing for the future occupation and the value of natural resources granted to university students in the course of military duties on holidays;

(c) child support;

(d) the earnings for work held between the end of teaching in one school year and the beginning of teaching in the following school year, if the child continues to continue to study without interruption at the same or other school, the earnings for work during the school holidays immediately following the end of the study, if the child did not enter into permanent employment, or if the child did not start to engage in other permanent work activities, as well as the earnings of the apprentice or youth preparing for a future career in employment at the time of his or her retirement leave;

(e) student's earnings for work organised or awarded by the school or in agreement with the school authorities;

(f) occasional earnings for assistance or similar temporary work, as well as earnings for work under work agreements outside employment; *)

If there is an education allowance, neither the child's own income nor his orphan's pension, including any increase in helplessness, shall be regarded as income.

Social income

Citation	Decree No. 102 / 1964 Coll., implementing the Social Security Act
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	15.06.1964
Effective from	01.07.1964
Effective until	-
Status	Valid

Decree No. 102 / 1964 Coll.

Decree of the State Social Security Office implementing the Social Security Act

Contents