Decree No. 108 / 1964 Coll.
Decree of the State Social Security Office on the competence of national committees in social security matters
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Effective from 01.07.1964
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108
DECLARATION
State Social Security Office
of 8 June 1964
on the competence of national committees in social security matters
According to § 86 (1) of Act No. 101 / 1964 Coll., on Social Security, § 115 (4) of Act No. 103 / 1964 Coll., on Social Security of Cooperative Farmers, and the principles approved by the Government Resolution of 6 May 1964:
Tasks of national committees on social security
(1) The national committees shall conduct social policy within their respective districts, decide to the extent provided for in the benefits and services of social security, ensure that conditions are created for extending the work of older workers, organise and conduct cultural and educational activities between pensioners and perform other tasks in the social security sector.
(2) The national committees shall carry out these tasks in accordance with the national economic development plan and the national budget, subject to the applicable rules and shall be responsible for the efficient and cost-effective use of the social security funds.
(3) The performance of these tasks requires workers to participate as much as possible in the implementation and control of social security. That is why national committees are hiring workers to participate directly in social security decisions and working closely with social organisations, in particular the Revolutionary Trade Union Movement.
Extension of decision-making powers of national committees
The decision-making powers of the national committees shall be extended to those of:
(a) increasing the pension (education) for helplessness,
(b) the invalidity pension of citizens who were unable to be employed (employed) for the period necessary for entitlement to the invalidity pension for full invalidity,
(c) the invalidity (partial invalidity) pension of members of the family of a cooperative who are not themselves cooperatives and have become wholly (partly) disabled as a result of the occupational accident (occupational disease) and the increase thereof;
(d) the partial invalidity pension of individual farmers and cooperating members of their families who have become partially disabled as a result of the occupational accident (occupational disease) and the increase thereof;
(e) the invalidity (partial invalidity) pension of members of the families of individual farmers and of the family members of their families who have become wholly (partly) disabled as a result of the occupational accident (occupational disease) and the increase thereof;
(f) increasing the invalidity pension of individual farmers and cooperating members of their families who have become fully disabled as a result of an occupational accident (occupational disease);
(g) the grant of a widow's pension to a woman after the expiry of the period for which the former spouse was obliged to provide her with a nutritional allowance;
(h) the cessation or provision of payment of a widow's pension at a reduced rate if the widow is living in a common household with the species;
(ch) to suspend the payment of the orphan's pension if the orphan is married,
(i) the pension of the wife,
(j) arrangements for pension schemes for certain persons under special rules;
(k) whether employment in the single agricultural cooperative with a higher level of management ended for health or other serious reasons.
(l) to set off the unemployment period, if that period is not already counted under the law *),
(m) counting the period of military service in non-Allied armies (including the period of captivity) held by the Czechoslovak citizens in a period of infreedom;
(n) setting off the period of activity in single agricultural cooperatives during the period from 1 October 1948 to 31 December 1956 for women who have worked in them on a permanent basis without their members or who have not been insured in retirement,
(o) recognition of the cooperative as a leading worker.
Decision-making powers of national committees in other matters of social security
In addition to the matters referred to in Section 2, the national committees shall continue to decide:
1. on the section of assessment activity:
(a) at the initiative of the Medical Advisory Board on whether a worker (cooperative) unable to work for a disease or accident for at least 3 months to whom the sick leave belongs and who has not applied for an invalidity pension (partial invalidity) or if such a request has not been granted, is wholly (partly) disabled; in other cases, proceedings for social security benefits dependent on long-term unfavourable health conditions shall give full (partial) invalidity of the assessment;
(b) the need for permanent reassignment of a worker to another job or the need for a permanent change of employment for health reasons, in the context of deciding on pension benefits or deciding that they are citizens with altered working capacity; the previous provision does not apply to members of the armed forces and the Security Corps;
(c) whether they are citizens with altered working capacity;
(d) the pre-placement allowance, the pre-vocational training allowance and the increase in such allowances for family members;
(e) on the exceptional advantages of citizens permanently severely injured;
(f) the spa care of non-working pensioners, members of single agricultural cooperatives and their family members, as well as family members of writers, musical composers, artists, architects, scientists, performers and artists, with the exception of diseases for which spa care is authorised directly by the public health authorities; *)
2. on the section of sickness security:
(a) the creation and demise of social security for cooperative peasants in disputed cases;
(b) the benefits of sickness and maternal security for writers, music composers, artists of art, architects, scientists, performers and artists;
(c) the obligation of the cooperative to return the benefit of the sickness and of the mother and the child provided unjustly or at a higher level than that due to which it was due and the obligation of the single agricultural cooperative to make good the damage caused by the incorrect payment of those benefits;
(d) the death of an unemployed pensioner or, where appropriate, a member of his family;
(e) the death of an individual farmer, cooperating members of his family or family members;
(f) aid for the birth of a child to a pensioner or a spouse or other family member of an unemployed pensioner;
(g) the allowance for the recreation of children of non-working pensioners,
(h) the removal of the hardness which would arise when providing benefits on the sickness and maternity security section;
3. on the pension section:
(a) social income (nurseries);
(b) increasing certain low pensions in accordance with specific rules;
(c) a supplement to the child allowance if the child allowance belongs to the working beneficiary of the invalidity pension or to his working wife in a lower amount than the education allowance granted to the invalidity pension;
(d) whether the calendar years in which a member of the single agricultural cooperative has not completed his working time shall be taken into account for pension purposes;
(e) requests that, for the purposes of pension insurance (insurance), employment (work) be suspended for serious reasons;
(f) the adjustment of pension schemes for certain sentenced persons and the adjustment of pensions for survivors;
(g) the creation and termination of pension insurance by individual farmers and other persons self-employed and cooperating members of their families in the cases in question;
(h) the obligation for the pensioner to repay the pension benefit (insurance) provided by an unjustly or at a higher rate than that due to it and the obligation for the establishment (cooperative) to make good the damage caused by the mispayment of the pension if the decision on such a benefit falls within the competence of the national committee;
4. on the section of constitutional social care, supplementary care and provision:
(a) admission to and release from the social care institution for a daily (weekly) stay of mentally deficient young people,
(b) providing care services;
(c) on participation in and contribution to meals;
(d) providing assistance in kind;
(e) a one-off cash contribution;
(f) a recurring cash contribution;
(g) the contribution of blind workers;
(h) the contribution of patients with tuberculosis;
(ch) on the contribution to aid for the blind,
(i) the motor cart allowance,
(j) the provision allowance and the reimbursement allowance for the use of the flat;
(k) the reimbursement of the costs of supplementary care services, the contribution to the cost of constitutional social care (in facilities for daily (weekly) mental youth stay), the allowance for allowance in social care institutions, and the extent to which and to which it is to be requested and, where appropriate, the payment (supplement) of costs from the spouse, children or parents of the recipient of the service,
(l) the removal of the hardness which would arise when providing the allowance;
5. on the care section of some other citizens:
(a) the obligation of the establishment to admit a citizen with a changed working capacity to work;
(b) whether the plant may unbind an employment relationship with a citizen with an altered working capacity, or, where appropriate, with a worker who has lost the ability to work required at the post he has previously held as a result of an accident or illness;
(c) whether the establishment may be open to employment with a citizen who has reached the age required for entitlement to an old-age pension.
Administrative Commission
Establishment of administrative commissions
(1) The Regional National Committees, the National Committee of the City of Prague and the National Committee of the City of Slovakia Bratislava (hereinafter referred to as the Regional National Committees), the Regional National Committees, the City National Committees in Brno, Ostrava, Pilsen and Košice, the District National Committees in Prague and the District National Committees in Bratislava, which have the competence of the Regional National Committees (hereinafter referred to as the Regional National Committees), establish as the Administrative Commission the Social Security Assessment Committee and the Batch Committee.
(2) The Regional and Regional National Committees set up several administrative commissions (in particular the Social Security Assessment Committees) where the scope of work and the legitimate requirements and needs of workers so require.
(3) The Regional National Committees may, with the agreement of the Regional National Committee, set up, as appropriate, a special Regional Social Security Assessment Board for the assessment of full (partial) disability in a particular type of disease, or for direct participants in the fight against fascism and the victims of fascism; the scope of the regional social security assessment committee thus established shall apply to the territory of the whole region.
Election of members of administrative commissions
(1) The President and other members of the Administrative Commission shall be elected and removed by the National Committee.
(2) The Chairman of the Batch and Assessment Committee shall be elected from among the members of the National Committee; If the elected President of the Commission is unable to perform his duties, he shall be represented by another Member of the National Committee to whom the National Committee shall appoint the members of the Batch Committee or the members of the Review Committee.
(3) The Regional and Regional National Committee shall elect:
(a) a representative of the Revolutionary Trade Union Movement on a proposal from the Regional (Regional) Trade Union Council,
(b) representatives of the single agricultural cooperatives on a proposal from the production farm administration (district agricultural association) or, where appropriate, the regional department of the Ministry of Agriculture and Nutrition;
(c) workers closely related to social security, on the recommendation of the competent authorities of social organisations, establishments and offices;
(d) social security workers.
(4) For other members of the Social Security Assessment Committees, the Regional and Regional National Committee shall elect:
(a) a representative of the Revolutionary Trade Union Movement on a proposal from the Regional (Regional) Trade Union Council,
(b) representatives of production cooperatives on a proposal from the Regional Secretariat of the Union of Production Cooperatives;
(c) representatives of the armed forces on a proposal from the District and Regional (Urban) Military Administrations and representatives of the Ministry of Interior on a proposal from the Regional Administrations of the National Security Corps;
(d) representatives of the single agricultural cooperatives on a proposal from the production farm administration (district agricultural associations) or, where appropriate, the regional department of the Ministry of Agriculture and Nutrition;
(e) doctors of social security assessment, doctors of the state health administration, doctors of the Ministry of Education, Transport, National Defence and Interior and doctors - members of the Union of anti-fascist fighters,
(f) a representative of the District (City) Committee of the Union of anti-fascist combatants on a proposal from those committees and, if it is the Regional Assessment Committee, a representative of the Central Committee (Slovak Committee) of that Union on its proposal,
(g) social security workers.
(5) The staff of the Social Security Department elected to the members of the Administrative Commission shall act as Secretary.
Composition of administrative commissions
(1) The Batch Committee shall act and act with the participation of the President or his representative and at least two other members, one of whom is a social security worker and the other a representative of the Revolutionary Trade Union Movement; Where a peasant (his family member or cooperating family member) is a party to the proceedings, the second member of the committee shall be a representative of the single agricultural cooperative.
(2) The Social Security Assessment Board shall act and act when the President or his representative is present, the Chief Medical Officer of the Social Security Assessment Service (Head Social Security Physician), another physician, a social security officer and a representative of the Revolutionary Trade Union Movement; where a peasant (his family member or cooperating family member) is a party to the proceedings, a representative of the single agricultural cooperative shall be a member of the committee; If a juvenile case is discussed in the Social Security Assessment Board, the doctor responsible for the care of the young person shall participate in the hearing and the quorum, and the candidate (pensioner) who has been directly involved in the fight against fascism or the victims of fascism, the doctor and the representative of the Union of anti-fascist combatants, elected on the proposal of the District (City) Committee and, if the Regional Assessment Committee, on the proposal of the Central Committee of this Association, shall participate in the deliberations and resolutions. When considering a member of the armed forces (security corps) of the profession, the meetings and resolutions of the Social Security Assessment Committee shall take place as a representative of the Revolutionary Trade Union Movement of the representative of the armed forces (security corps) and shall not only be subject to a medical check-up, including a doctor of the armed forces (security corps).
(3) The following may be invited to discuss individual cases in the Administrative Committees:
(a) a representative of the race committee of the basic trade union organisation of the plant in which the party to the proceedings is or has been employed or, where appropriate, a representative of the higher authority of the Revolutionary Trade Union Movement;
(b) a representative of the single agricultural cooperative or production cooperative in which the cooperative is or has been active;
(c) a representative of the municipal (local) national committee in whose territory the party to the proceedings is domiciled;
(d) a representative of the Czechoslovak Union of Disabled Persons or other Social Organisations,
(e) the treating physician assessed,
(f) other workers' citizens who can be expected to contribute to clarifying the important circumstances relevant to the Commission's decision;
(g) a representative of the competent service of the corrective establishment in the case of a convicted person serving a prison sentence.
(4) Representatives of the authorities referred to in the preceding paragraph shall be invited to the proceedings of the Administrative Commission if they so request. The Administrative Commission shall also be invited to act by the treating physician considered if he so requests. However, the representatives of these authorities and the treating physician shall have only an advisory vote at the hearing.
(5) Citizens who are invited to attend the meetings of the Administrative Commission shall be entitled to compensation for the loss of earnings and to reimbursement of the necessary expenses, mutatis mutandis, as members of the Administrative Commission.
(6) Members of social security commissions and administrative commissions and of the staff of social security departments of the national higher-level committees and staff of the Pensions and Labour and Social Affairs administrations may also attend meetings of all administrative commissions without invitation.
Scope of administrative commissions
Scope of the Regional Assessment Committees of Social Security
Social Security Regional Assessment Board
1. decides
(a) increasing the pension (education) for helplessness,
(b) at the initiative of the Medical Advisory Board on whether a worker (cooperative) unable to work for a disease or accident for at least 3 months to whom the sick leave belongs and who has not applied for an invalidity pension (partial invalidity) or if such an application has not been granted, is wholly (partly) disabled;
(c) the need for a permanent transfer of a worker to another job, if the opinion board has ascertained, in the context of deciding on pension benefits or deciding that he is a citizen with a altered working capacity, that the worker has ceased to be able to continue to work or is unable to do so in respect of an occupational disease or a threat to that disease due to his health status; the previous provision does not apply to members of the armed forces and the Security Corps;
(d) whether they are citizens with altered working capacity;
(e) on the exceptional advantages of citizens permanently severely injured;
(f) the spa care of non-working pensioners, members of single agricultural cooperatives and their family members, as well as family members of writers, musical composers, artists, architects, scientists, performers and artists, with the exception of diseases for which spa care is authorised directly by the public health authorities;
(g) whether the employment of the I (II) working category or the work of the II work category has been terminated for health reasons;
2. issue an assessment of full (partial) invalidity in proceedings concerning social security benefits dependent on long-term unfavourable health conditions, in so far as the cases referred to in point 1 (b) are concerned, and address other health issues relating to the implementation of social security;
3. Suggests
(a) measures to prevent invalidity and to eliminate the consequences of invalidity to the competent authorities;
(b) the receiving committee set up by a training course, centre or other establishment of the national committee for citizens with altered working capacity for admission to vocational training;
(c) the relevant pension scheme of the worker (cooperative), whose long-term unfavourable health situation is significantly hampered by the general living conditions, even if his earnings (income from work) have not fallen significantly;
4.
(a) provision of sick leave after the end of the period of support;
(b) the measures to restore the working capacity of the assessed, the suitability of its further treatment or the measures of appropriate aids and the appropriate adjustment of working conditions;
(c) appropriate employment and training for citizens with altered capacity for work with regard to their health status and qualifications;
(d) the placement of citizens with reduced work capacity in disabled cooperatives for citizens with reduced work capacity with more severe health damage and special workshops (workplaces);
5. Supervises whether the establishments (cooperatives) carry out a responsible selection of jobs for citizens with altered working capacity and co-operate in the selection;
6. Observes whether training for the profession, employment (work), working conditions and the environment do not adversely affect the health of working citizens with altered working capacity and whether they do not need further assistance.
The scope of the district dose committees
(1) The County Batch Committee shall decide on the matters referred to in Article 2, except for decisions
- increasing the pension for helplessness,
- the termination of employment of category I (II) or the termination of employment of category II, if there are serious reasons other than health reasons,
- counting the period of activity in single agricultural cooperatives between 1 October 1948 and 31 December 1956 for women who have worked there permanently without their members or who have not been insured in retirement.
(2) The County Batch Committee further decides:
(a) social income (nurseries);
(b) increasing certain low pensions in accordance with specific rules;
(c) the adjustment of pensions for certain sentenced persons and the adjustment of pensions for survivors;
(d) the obligation on the pensioner to repay the pension benefit (insurance) provided by an unjustly or at a higher rate than that due to it and the obligation on the establishment (cooperative) to make good the damage caused by the incorrect payment of the pension if the decision on such a benefit falls within the competence of the national committee;
(e) the removal of the hardships that would arise in the provision of sickness, maternity and child security benefits and the security of members of the families of the armed forces.
(3) In addition, the County Dose Commission
1. decide on appeals against decisions of the Social Commission of the Single Agricultural Cooperative Group or the Local (Urban) National Committee on cash benefits in sickness and security for the mother and child and on appeals against decisions of the Municipal National Committee on social income (education);
2. Suggests that the relevant pension scheme should:
(a) account for periods of employment in contentious cases;
(b) the provisions on social security provisions on the elimination of hardness have been applied in specific cases;
(c) increase the invalidity pension to 600 CZK per month if the pension is the sole source of nutrition for the pensioner and his family;
(d) increase the lowest rate of old-age or invalidity pension above 90% of the average monthly earnings (pay for work) if the pension is the sole source of nutrition for the pensioner and his family.
Scope of administrative commissions set up by the Regional National Committees
(1) The Regional Assessment Board of Social Security and the Regional Benefit Board decide on appeals against decisions similar to those of the District National Committee, provided that those commissions have taken decisions at level I and that they are not a decision that is merely the basis of the decision of the competent Pension Service.
(2) In particular, the Regional Assessment Committee on Social Security
(a) propose to the competent authorities measures to prevent invalidity and to eliminate its consequences on the basis of an analysis of the development of disability and the causes of invalidity;
(b) express its views on health issues relating to the implementation of social security;
(c) submit an expert opinion in court proceedings concerning pension insurance (insurance) and administrative appeal proceedings where the contested decision was given on the basis of an opinion of the district social security assessment committee.
Specific management rules
For the relevant Pension Management, the person responsible for the Social Security Section of the Regional National Committee shall act before the court in a procedure for reviewing the pension decisions.
(1) The medical findings needed for the deliberations of the District Assessment Board of Social Security are provided in principle by the physician who treated the treated. If there is an occupational disease, this finding is given by the doctor to the occupational disease department of the competent national health institute (clinic). If it is a determination of invalidity or a determination that the citizen is a changed working capacity, or a permanent reassignment and permanent change of work for health reasons, the medical finding of the treating doctor or, where appropriate, of the medical practitioner, shall be submitted by the relevant medical advisory board (medical commission), after examination and confirmation of that finding. The medical findings necessary for the deliberations of the Regional Social Security Assessment Board shall be submitted by a medical member of that Committee.
(2) The necessary medical documentation for the deliberations of the district social security assessment committee is issued by the medical institution or by individual doctors directly, if the head of the establishment so agrees.
(3) Medical members of the district social security assessment committee cooperate with medical advisory committees (medical committees); medical members of both the District and Regional Social Security Assessment Board check the correctness and completeness of the medical documentation and re-examine the assessment, as appropriate, when acting in the Social Security Assessment Board.
(4) Medical members of both the District and Regional Social Security Assessment Board are responsible for assessing the state of health and express in particular whether the state of health is negative in the long term or whether there is a permanent change in working capacity and when this change occurred.
(5) Regional and regional social security assessment committees meet in health care institutions of the state health administration and in large and medium-sized establishments when they have the necessary medical equipment. The meeting of these commissions in the race is compulsory for the racing (workshop) doctor and will be invited by a member of the racing (workshop) committee of the basic organization of the Revolutionary Trade Union Movement.
(1) The Administrative Commission shall act by a simple majority of the members present.
(2) If the decision of the Batch Board also depends on the resolution of issues falling within the competence of the Social Security Assessment Board, the Batch Board shall be bound by the decision or, where appropriate, by the opinion (expression, recommendation) of the Social Security Assessment Board; If such a decision or opinion (observations, recommendations) has not yet been issued, they must be proposed.
(1) The party to the proceedings should, as far as possible, be present at the hearing of the Social Security Assessment Board.
(2) Where the national committee authority issues a written copy of the social security decision to a party, it shall send it to the party and to the authority responsible for implementing the decision no later than 3 days after the decision.
(3) Members of administrative commissions and officials invited to discuss individual cases in these commissions are required to remain silent about the circumstances of medical and service matters which they have become aware of in connection with the performance of their duties.
Local competence of national committee bodies in social security matters
(1) The local jurisdiction of the authorities of the national committees on social security matters shall, in principle, be governed by the place of residence of the party to proceedings, unless otherwise provided in the next paragraph.
(2) The local competence of the bodies of the national committees in social security matters shall be governed by:
(a) the place of the establishment (s) in which the party is working or receiving sickness benefits if there is a health centre in the establishment (s) in which the social security assessment committee meets regularly; However, if the health of the party does not permit the party to participate in the hearing of the social security assessment committee in that establishment (cooperative), or if his residence is too distant from the establishment (cooperative), the local jurisdiction of the social security assessment committee shall be governed by the place of residence of the party,
(b) the registered office of the establishment (cooperative) if:
1. decide on permanent reassignment of workers working for other work or permanent change of employment for health reasons;
2. Decide on the obligation of the race to accept a citizen with a changed job capacity and on whether the race can untie a citizen's employment relationship (§ 3 (5));
3. express their views on the appropriate arrangements for working conditions or on the appropriate application in the establishment, in the single agricultural cooperative, in the invalid production cooperative or in the disability cooperative for citizens with reduced working capacity with severe health damage;
4. Supervise and co-operate in the selection of jobs for citizens with altered working capacity;
5. monitor that training for the profession, employment, working conditions and the environment do not adversely affect the health status of citizens with altered working capacity;
6. monitor whether the composition of a member base in the production cooperatives of disabled persons corresponds to the model statutes and whether, in the cooperatives of disabled persons with reduced working capacity with more severe health damage, citizens are mainly employed fully disabled;
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Regulation Information
| Citation | Decree of the State Social Security Office No. 108 / 1964 Coll., on the jurisdiction of national committees in social security matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.06.1964 |
|---|---|
| Effective from | 01.07.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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