Decree No. 105 / 1964 Coll.
Decree of the State Social Security Office on pension insurance for individual farmers and other self-employed persons and on the provision of a provision to members of their families
Valid
Effective from 01.07.1964
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105
DECLARATION
State Social Security Office
of 8 June 1964
on pension insurance for individual farmers and other self-employed persons and on the provision of a provision to members of their families
In agreement with the Ministry of Agriculture, Forestry and Water, the Central Council of Trade Unions and other participating central authorities pursuant to Section 145 of Act No. 103 / 1964 Coll., on Social Security of Cooperative Farmers ("the Act '):
Pension insurance for individual farmers
Personal Range
(1) Individual farmers and cooperating members of their families shall be insured for pension benefits under this Order, unless they are permanent workers or benefit from an old-age or invalidity pension from pension insurance (insurance); the employment relationship is considered to be permanent if it lasts continuously for at least six months consecutive, to the extent that it gives entitlement to child benefits *).
(2) The individual farmer is a farmer who is personally self-employed at the farm and his earnings are his only or most important source of income. If the opposite is not demonstrated, the management of agricultural land not exceeding 0,40 ha shall be considered not to be gainful according to the previous sentence. Where the agricultural establishment is run jointly by family members, the individual farmer shall be considered to be the manager of the farm; other family members are insured as cooperating family members. In doubt it is considered that they manage the race in the following order: husband, widowed husband (widow), oldest member of the family.
(3) The cooperating members of the family are parents, father-in-law, mother-in-law, son-in-law, widowed daughter-in-law, partner, siblings and children from the end of compulsory education and from 1 January 1969 also the wife of a single farmer and the wife of a cooperating family member, if:
(a) live with a single farmer in a common household;
(b) participate permanently in his or her gainful activities and their work is necessary for the plant and takes up at least half of the normal weekly working hours during the week;
(c) they are otherwise not otherwise insured.
Establishment of insurance
(1) Insurance of individual farm farmers
(a) the date on which they are personally employed,
(b) if it is a single farmer who is also in a permanent employment relationship, on the first day of the month following that in which his employment was untied or ceased to be permanent; However, the pension insurance of the individual farmer shall not arise if, after the termination of the employment, he has entered a permanent employment relationship within one month,
(c) the date on which the entitlement to an invalidity pension from pension insurance (insurance) has ceased to exist for the individual farmer.
(2) The insurance of cooperating family members shall be incurred on the date on which all the conditions for their insurance have been met; the provisions of points (b) and (c) of the previous paragraph shall apply mutatis mutandis.
Termination of insurance
Insurance of individual farm farmers and co-operating members of families ceases
(a) the date on which they ceased to carry on their permanent business as a starting undertaking;
(b) the date on which the old-age or invalidity pension was granted to them from the pension scheme (insurance);
(c) the date on which their sickness insurance became permanent workers (Section 1 (1)) or their security under the social security provisions of cooperative peasants.
Insurance applications and receipts
(1) Individual farmers shall be required to submit an application for insurance to the District National Committee on a prescribed form for themselves and the cooperating members of their families within eight days of the start of insurance and within eight days of its expiry.
(2) If the individual farmer is responsible for the failure or incorrect fulfilment of the obligation to declare that the levy has been granted unjustly or at a higher rate than that in which he was due, the obligation to reimburse amounts unduly paid shall apply mutatis mutandis to the provisions of the Cooperative Farmers' Social Security Act *).
Types of doses
The following shall be granted from the pension insurance of individual farmers:
1. pensions
(a) old-age;
(b) disabled;
(c) widower,
(d) orphans;
2. occupational benefits;
3. education for pensions;
4. increase in pension for helplessness;
5. security of pensioners in sickness.
General condition for entitlement to benefit
The pension benefit is payable if the conditions for entitlement to it are met and if the premiums due are paid for the entire duration of the insurance. However, premiums due for a maximum period of six months before the fulfilment of the other conditions for entitlement to benefit may be paid within three months of their completion.
Old-age pension
The old-age pension belongs to an individual farmer who, during the period of insurance or up to two years after his death, has reached the age of 65, is insured for at least 15 years and does not benefit from an invalidity pension.
Invalidity pension
(1) An invalidity pension belongs to an individual farmer who has obtained the required period of insurance if he has become wholly disabled during the life of the insurance or within two years of the death.
(2) An individual farmer shall be fully disabled if, for a long-term adverse health condition, he becomes unable to pursue any continuous gainful activity or if the pursuit of such activity would seriously impair his health.
Amount of pension
(1) The old-age (invalidity) pension of an individual farmer shall be:
| při průměrném ročním vyměřovacím základu Kčs | do 6 roků pojištění měsíčně Kčs | po 6 rocích pojištění měsíčně Kčs | po 8 rocích pojištění měsíčně Kčs | po 10 rocích pojištění měsíčně Kčs | po 15 rocích pojištění měsíčně Kčs | po 20 rocích pojištění měsíčně Kčs | po 25 a více rocích pojištění měsíčně Kčs |
|---|---|---|---|---|---|---|---|
| do 2 100 | 210 | 230 | 230 | 230 | 245 | 260 | 275 |
| od 2 101 do 3 300 | 225 | 245 | 260 | 270 | 280 | 300 | 320 |
| od 3 301 do 4 500 | 234 | 260 | 276 | 294 | 315 | 340 | 365 |
| od 4 501 do 5 700 | 243 | 269 | 298 | 318 | 350 | 380 | 410 |
| od 5 701 do 7 800 | 252 | 284 | 314 | 340 | 380 | 420 | 460 |
| od 7 801 do 10 200 | 261 | 299 | 336 | 370 | 410 | 460 | 510 |
| nad 10 200 | 270 | 308 | 350 | 390 | 440 | 500 | 560 |
(2) The average annual assessment basis shall be determined by the average of the assessment bases 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 individual farmer.
(3) If the old-age (disability) pension is the only source of income of the pensioner, it may be increased to a sum of 500 CZK per month; if the pensioner also has another income (pension), the old-age (disability) pension may be increased so that the sum of that pension and other income (pension) is 500 Cds per month. If an old-age (invalidity) pension, which is the only source of income of a pensioner, is also referred to by a family member of a pensioner, that pension may be increased to an amount of 850 CZK per month; if the pensioner or such a family member also has another income (pension), the old-age (disability) pension may be increased so that the sum of such income and other income (pension) is 850 Cds 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 850 CZK and the total of pensions and other income of both spouses (mate and partner).
(4) 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.
(5) The lowest pension rate, which is the sole source of income of the pensioner, provided for in paragraph 3, may be increased, subject to the other conditions, from 500 CZK to 550 CZK and from 850 CZK to 900 CZK to persons who have not employed permanently foreign workers while operating an agricultural establishment or other self-employment.
Measurement basis
(1) The assessment basis established for the agricultural plant operator on 30 June 1964 under the rules in force on that day shall continue to apply to both the current and any subsequent operator of that agricultural establishment, even if the size of the agricultural land counted changes by changing its area or by changing the type of crops grown.
(2) If the assessment basis has not been established by 30 June 1964, it shall be determined by the district national committee after that date, taking into account local conditions and the size of the land managed in accordance with the rules in force before 1 July 1964 *).
Pensions of survivors
(1) The widower's and orphan's pensions are due to the survivors of the individual farmer under the conditions laid down in Sections 64, 65 and 68 of the Act.
(2) The widow's pension is calculated from the old-age (invalidity) pension of the individual farmer, including the increase in the pension provided for in Section 12 (1).
(3) The widow's pension is 60% of the old-age (invalidity) pension; Paragraph 66 (4) and (5) of the Act applies mutatis mutandis. If the widow's pension is the only source of the widow's income, it may be increased to an amount of 500 CZK per month. If the widow also has another income (pension), the widow's pension may be increased in such a way that the sum of that income and other income (pension) is 500 CZK per month. However, if this other income is an old-age (invalidity) pension, only that pension can be increased (Section 9 (3)). Paragraph 9 (4) shall apply mutatis mutandis.
(4) The orphan's pension on the part of the orphan child is 30% of the old-age (invalidity) pension of an individual farmer, but not less than 200 CZK per month. The orphan's pension for the two-sided orphan child is 450 CZK per month. However, if the orphan child's pension is the only source of income for the child, it may be increased to a sum of 500 CZK per month. If the child also has another income (pension), the orphan's pension may be increased in such a way that the sum of such income and other income (pension) is 500 CZK per month. Paragraph 69 (5) of the Law and Paragraph 9 (4) of the Decree apply mutatis mutandis.
(5) The lowest pension rate, which is the sole source of income of the pensioner, provided for in paragraphs 3 and 4, may be increased, subject to other conditions, from a sum of 500 CZK to 550 CZK for persons who have not employed permanently foreign workers while operating an agricultural establishment or other self-employment.
Benefits in respect of accidents at work
(1) An individual farmer who has become fully disabled as a result of an accident at work may receive an increase of 50 CZK per month.
(2) A partial invalidity pension of 50% of the invalidity pension, together with an increase of 30 CZK per month, may be granted to an individual farmer who has become partially disabled following an accident at work.
(3) The individual farmer is partially disabled if his working capacity has fallen significantly for long-term unfavourable health. Substantial decrease in working capacity means a fall in physical or mental forces that causes a reduction in work performance by at least one third.
(4) If an individual farmer has died as a result of an accident at work, the survivors (Article 17 (1) of the Act) who have issued the funeral can receive a funeral allowance of 1 000 Kcs. If the funeral was carried out by someone other than the survivors, the death grants may be granted up to the amount of the costs shown, but not more than 1 000 CZK.
(5) An accident at work is an accident suffered in connection with the operation of its own agricultural plant. An accident at work is also considered as an accident at work
(a) mutual assistance in agricultural work;
(b) in the case of melliorative works,
(c) when the wood is removed,
(d) in the case of active participation in measures to combat natural disasters and in the elimination of the consequences of natural disasters or in a service activity carried out without a legal obligation for the benefit of the whole;
(e) in the performance of public office.
Work accidents are equated to occupational diseases which refer to diseases included in the list of occupational diseases applicable to workers in employment, where they have occurred under the conditions laid down in that list *).
Education
(1) The education allowance is payable to any child of an old-age or invalidity pensioner who would be entitled to an orphan's pension when an individual farmer dies (Section 68 of the Act).
(2) The tuition fee is monthly
| na jedno dítě | na dvě děti | na tři děti | na čtyři děti | |
|---|---|---|---|---|
| k důchodu invalidnímu | 140 | 430 | 880 | 1280 |
| jinému | 90 | 430 | 880 | 1280 |
and increases per child by 240 ccs per month.
(3) If there is an uninsured child who, according to the opinion of the social security authorities, is disabled and who requires permanent care, a fee of 300 CZK per month shall be granted for them; the condition is that the child is not placed in an institution for such children and does not receive an invalidity pension.
(4) Otherwise, Article 73 of the Law applies to the provision of education.
Increase in pensions and education for helplessness
The pensions of individual farm farmers may be increased by 100 to 400 CZK per month for the helplessness of the pensioner under the conditions laid down in § 74 of the Act; Similarly, it may be increased for the helplessness of a child from the seventh year of his age to orphan's pension and education.
Evaluation of pension periods obtained under other regulations
(1) If a member of a single agricultural cooperative, a worker in employment or a member of a production cooperative is transferred to pension insurance for individual farmers, the period of their current pension insurance (insurance) shall be considered as the period of pension insurance for individual farmers; However, the pension insurance period of cooperative peasants before 1 April 1962 shall be assessed only if insurance has been paid for the entire duration of that insurance. The average annual assessment base for the last 10 (5) years before the year in which the pension entitlement was acquired shall be determined from the total
(a) annual work fees and annual assessment bases, if they are members of the single agricultural cooperative;
(b) the annual gross earnings and the annual assessment bases, if it is a worker or a member of a production cooperative; Replacement periods of 10 (5) years are not included.
(2) If, on the date of transfer, an individual farmer who was an employed worker or a member of a production cooperative has obtained the period required for entitlement to an invalidity pension or an old-age pension in accordance with the pension rules applicable to workers and who has not been entitled to an assessment of that period before the transfer of employment * *, his entitlement to an invalidity or old-age pension shall be assessed for a period of two years from the exit from employment (from the cooperative) under the pension rules applicable to workers.
Insurance
(1) The insurance premiums for the individual farmer's insurance are 10,8% of its assessment base and 11,4% of its assessment basis for the insurance of cooperating family members.
(2) The individual farmer pays the premium for himself and the cooperating member of the family to the district national committee without any special measurement.
(3) The insurance premiums for the past month shall be due by the 15th day of the following month. If the premium has not been paid within the prescribed period, the payer shall pay a penalty of 0,01% of the amount due for each day of delay from the 16th day of the month following the month for which it is paid. The District National Committee may allow insurance premiums to be paid within periods other than months.
(4) The spouse (spouse) residing with a common household premium payer is liable for the premium that has become payable during the period of the common household. The co-operators of the agricultural plant guarantee each other's insurance premiums.
Pension insurance of cooperating family members of an individual farmer
(1) The previous provisions on pension insurance of individual farmers shall apply mutatis mutandis to the cooperating members of their families, unless otherwise provided in paragraphs 2 and 3 and paragraphs 18 to 20.
(2) If you are a family member of your age
| do 18 let činí | - vyměřovací základ 1200 Kčs ročně, |
| - pojistné 11,40 Kčs měsíčně, | |
| nad 18 let do 21 let činí | - vyměřovací základ 1800 Kčs ročně, |
| - pojistné 17,10 Kčs měsíčně, | |
| nad 21 let činí | - vyměřovací základ 5040 Kčs ročně, |
| - pojistné 47,90 Kčs měsíčně. |
(3) If, according to the previous paragraph, the assessment basis of the cooperating member of the family would be higher than that of the individual farmer in whose establishment the co-operating member of the family works, the assessment basis of the co-operating member of the family shall be determined by an amount equal to the assessment base of the individual farmer.
Benefits of family members of individual farmers and family members of their families in work accidents
Invalidity (partial invalidity) pension
(1) Family members of individual farm farmers and family members of cooperating members of their families (hereinafter referred to as "family members") who have become fully disabled or partially disabled as a result of an accident at work (Section 12) may be granted an invalidity pension in cases where appropriate.
(2) The persons referred to in § 36 (1) and (2) of the Act shall be deemed to be members of the family if they are not themselves insured under this decree or are insured under other regulations.
(3) Invalidity (partial invalidity) of a family member is assessed in a similar manner to the invalidity (partial invalidity) of an individual farmer (§ 8 (2) and § 12 (3)).
Amount of invalidity (partial invalidity) pension
(1) The invalidity pension of a member of the family of an individual farmer is 210 CZK per month and may be increased by 50 CZK per month.
(2) The partial invalidity pension of a member of the individual farmer's family amounts to 105 CZK per month and can be increased by 30 CZK per month.
(3) Family members of compulsory education may be granted an invalidity pension (partial invalidity) of only half of the pension referred to in the preceding paragraphs until the end of compulsory education.
(4) The education allowance for the pensions of members of the family does not apply.
Funeral
If a family member of an individual farmer or a cooperating family member died as a result of an accident at work (§ 12), a funeral allowance of up to 800 Kns may be granted to persons who have issued the funeral in cases of appropriate consideration.
Pension insurance for self-employed persons who are not individually resident farmers and the cooperating members of their families
(1) The provisions of Part One on pension insurance for individual farmers apply, with the exception of the provisions of Sections 10, 12, 16 (1) and 18 to 20, also to pension insurance for other persons self-employed and cooperating members of their families.
(2) The assessment basis for persons who are not individually resident farmers is:
(a) where the gainful activity is carried out:
| bez spolupracovníků | 800 Kčs měsíčně, |
(b) where the gainful activity is carried out:
| s jedním nebo několika spolupracovníky | 1 100 Kčs měsíčně. |
(3) The assessment basis for self-employed persons engaged in self-employed activities without co-workers and demonstrating that their annual population income tax base does not exceed 16 000 CZK shall be 600 CZK per month; However, if the annual population income tax base does not exceed or exceed the flat-rate amount before the tax is fixed, the assessment base shall be 400 CZK per month. The assessment basis shall be determined on the basis of the annual population income tax base for the preceding calendar year. A flat-rate amount shall be fixed for taxpayers whose income tax is fixed at the rate of the difference between the income obtained and the expenditure incurred to achieve that income for the previous year. The Regional National Committee may, in cases of a socially justified assessment basis, reduce the amount of the annual population tax of 3 600 CZK for gainful activities carried out without co-workers. The assessment basis may be reduced if it does not exceed the annual tax base of 2 400 CZK, to 160 CZK per month, and if it exceeds the annual tax base of 2 400 CZK but does not reach the amount of 3 600 CZK per month.
(4) Co-operating members of the family (§ 1 (3)) shall be regarded as co-workers of self-employed persons for the purposes of the assessment basis.
(5) A co-operating member of the family of a self-employed person shall be considered to be the basis of assessment of the amount that would belong to the labour force (worker) that the co-operating member of the family replaces. However, the assessment basis shall not be more than that of a self-employed person.
(6) Self-employed persons are 10% of their assessment base and 11% of its assessment base of the co-operative.
Security of members of families of individual farmers and other persons self-employed in the armed forces
(1) The provisions of Sections 78 to 81 and 85 to 87 of the Act and of Sections 60, 61, 63 and 66 to 68 of the Decree implementing the Social Security Act on Cooperative Farmers apply mutatis mutandis to the security of members of families of individual farmers and other persons self-employed in the armed forces.
(2) The allowance shall be:
(a) for an unprovided child 170 Cds per month;
(b) for the wife, the spouse of the soldier, his elderly relative and the husband of the soldier 400 Kčs a month;
(c) for the wife of a soldier who does not live with him in the common household, the divorced wife and the mother of the child of a soldier who is not married to him, provided that the court has granted him a maintenance allowance or, where appropriate, a maintenance allowance, an amount equal to the maintenance allowance or a maintenance allowance, but not more than 400 Kčs per month;
(d) for other persons to whom a provision allowance is granted, 150 CZK per month; the provision allowance shall be reduced by an amount by which the total of the provision allowance and the net income exceeds 250 CZK per month. If they are a married couple, the sum of their provision contributions shall be reduced by an amount by which, together with the net income of the married couple, they exceed the amount of 500 CZK per month.
(3) The total of the provision contributions granted to members of the same soldier's family must not exceed the amount of 720 CZK per month; if the total of the reinsurance contributions calculated in accordance with the preceding paragraphs exceeds that amount, the full amount of the reinsurance contribution shall be granted to the spouse of the soldier and reduced by the same amount to the other members of the family.
(4) The provisions of the preceding paragraphs shall apply mutatis mutandis if the cooperating member of the family of an individual farmer or of another self-employed worker in the armed forces.
(5) The provision allowance provided for in this Order does not apply if the conditions for entitlement to the allowance are fulfilled under other provisions.
Pension insurance of resistance participants and survivors
Preliminary provisions
For the pension insurance of an individual farmer (§ 1) and other self-employed persons (§ 21), if they are members of the resistance and the survivors of them, the provisions of this decree shall apply, unless otherwise provided in this section.
Age required for entitlement to an old-age pension
(1) The age required for entitlement to the old-age pension of the Resistance Party I and II shall be determined by deducting one year from the age of 65 for each starting year of the resistance activity; However, the required age shall be at least 60 years if it is a participant in resistance I of the group and 62 years if it is a participant in resistance II of the group.
(2) The age required for entitlement to the retirement pension of a member of the resistance group III who has been imprisoned for at least six months because of fascist persecution is 64 years.
Increase in old-age and invalidity pensions
For each starting year of resistance activity, the pension of the resistance participant shall be increased
| skupiny | měsíčně o Kčs |
|---|---|
| I. | 120 |
| II. a III. | 100 |
| IV. | 80 |
Security of pensioners in sickness
(1) The provisions of the Act applicable to security in pensioners' diseases to which pensions are due under the pension scheme of cooperative farmers shall also apply to pensioners who have received a pension under the pension scheme of individual farmers and other persons self-employed and to their family members.
(2) The provisions of the preceding paragraph shall not apply to pensioners and members of their families if they are covered by their work in sickness and maternity under other provisions.
Mother and child security
Aid for the birth of a child
(1) If a single farmer gives birth, another self-employed or cooperating member of their family or a member of a single farmer's family, another self-employed or co-operating member of their family, for each child born, the aid of 2000 CZK for each child born after 30 September 1971 belongs to him. The spouse or co-worker of a deceased individual farmer or other self-employed or co-operating member of their family shall also be entitled to the benefit of the child from the deceased's insurance if the birth occurred within 300 days of his death.
(2) Paragraph 37 of the Law on a withdrawal period applies mutatis mutandis.
Child allowance
(1) Children's allowances shall belong to the individual farmer, to another self-employed or cooperative member of their family, if they have unprovided children.
(2) The allowance for children is monthly
| na jedno dítě | 90 Kč |
| na dvě děti | 430 Kč |
| na tři děti | 880 Kč |
| na čtyři děti | 1280 Kč |
and increase each child by 240 ccs a month.
(3) If there is an uninsured child who, according to the opinion of the social security authorities, is disabled and who requires permanent care, a supplement of 300 CZK per month shall be granted for them; the condition is that the child is not placed in an institution for such children and does not receive an invalidity pension.
(4) An individual farmer, a person self-employed or a cooperative member of their family called upon to serve in the armed forces shall be entitled to child allowance if he was insured in retirement at the time of the service or when he was called on to serve.
General condition for entitlement to maternity and child security benefits
Support for the birth of a child and child allowance shall be granted only if insurance is properly paid.
Transitional and final provisions
The transitional provisions of Sections 124, 136 to 138, § 139 (1) (a), (b), (c), (e) and (f) and paragraphs 3 and 4, § 140 and 141 of the Act apply mutatis mutandis.
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Regulation Information
| Citation | Decree of the State Social Security Office No. 105 / 1964 Coll., on the pension insurance of individual farmers and other persons self-employed and on the provision of a provision to members of their families |
|---|---|
| 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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