Act No. 108 / 1984 Coll.
Law on the increase of certain low pensions and other changes in social security
Valid
Effective from 01.01.1985
108
THE LAW
of 13 November
on increasing certain low pensions and other social security changes
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
(1) Social security (insurance) pensions awarded before 1 January 1971 are increased, namely old-age, disabled, partial invalidity, widower and orphan pensions.
(2) The increase is also due to pensions awarded after 31 December 1970 if:
(a) old-age, invalidity and partial invalidity pensions to which entitlement arose before 1 January 1971 and which have been granted under the provisions in force before 1 January 1976, provided that those pensions have been calculated on average monthly earnings or on another similar basis calculated for the period ending before 1 January 1971;
(b) the pensions of widows and orphans when they are assessed from the pensions referred to in paragraph 1 or in point (a).
(3) The increase is due
(a) an old-age and invalidity pension of 70 Kns per month;
(b) a partial invalidity pension and an orphan's pension of a two-way orphan child of 35 Kns per month;
(c) a widow's pension of 42 CZK per month;
(d) to an orphan's pension of a unilaterally orphaned child of the sum of 21 Cds per month.
(4) If the pensioner receives more pensions to which an increase is granted, the increase belongs to only one of them, and more favourable. This increase shall not be reduced by half for the coexistence of pensions; for the purpose of adjusting the amount of pensions in their coexistence, no increase shall be taken into account.
(5) The increase in the pension is due even if the pension, together with it, exceeds the limits limiting the amount of the pension set by a percentage to the average monthly (annual) earnings or exceeds the highest rates of the pension (sum of pensions in parallel) fixed by fixed amounts. However, the increase together with the pension (total pension) must not exceed the threshold laid down in the first sentence of Section 66 (2) of Act No. 121 / 1975 Coll., on Social Security.
(6) If the pension is paid at a reduced rate for co-operation with, or is limited to, income from a gainful activity, (1) an increase in the pension thus adjusted shall be granted.
(7) In calculating the pension, the amount to be determined from the pension to which the increase belongs, and in increasing the pension for helplessness, no increase shall be taken into account.
(8) The increase in pensions under the previous paragraphs and under Article I of the statutory measure of the Bureau of the Federal Assembly No 76 / 1979 Coll. and Article I of the statutory measure of the Bureau of the Federal Assembly No 7 / 1982 Coll. are included in the fixed lowest rate of pensions, which are the only source of income of the pensioner (Articles II No 1, 8 and 9) and in the lowest rates of pensions of the resistance participants referred to in Article II (4) to (7). The increase to the old-age, invalidity and partial invalidity pension referred to in the preceding paragraphs shall not apply where such pensions are granted in the area referred to in Article II (3).
(9) The increase in the pension is paid monthly in advance at the same time as the monthly amount of the pension.
(10) Unless otherwise provided for in this Act, provisions on pension benefits shall apply mutatis mutandis.
Act No. 121 / 1975 Coll., on Social Security, as amended by the legal measure of the Bureau of the Federal Assembly No. 76 / 1979 Coll., on the increase of pensions, Act No. 150 / 1979 Coll., amending and supplementing the Act on Social Security, the statutory measure of the Bureau of the Federal Assembly No. 7 / 1982 Coll., on the increase of pensions and certain amendments to the Social Security Act, Act No. 73 / 1982 Coll., on amendments to the Social Security Act and the Regulations on sickness insurance, Act No. 116 / 1983 Coll., amending and supplementing the Social Security Act, and Act No. 56 / 1984 Coll., on certain amendments to the Social Security Act, is amended as follows:
1. in Article 42 (1) and (2) and in Article 45 (2), the amount of 880 Kčs is replaced by 950 Kčs and the amount of 1500 Kčs by 1600 Kčs.
Article 46 (1) reads as follows:
"(1) The pension is payable to the pensioner of the old-age, invalidity, partial invalidity, retirement for the service of years, partial retirement for the service of years, personal and social for each child (§ 40). A widower's pension is paid for every child (§ 40) if he is not a member of sickness insurance (46) and has at least one child under three years of age in direct care. The education allowance also belongs to a child entrusted to the recipient of one of those pensions in foster care. The allowance shall not apply to a child who is granted an invalidity pension. ';
3. Paragraph 56 (2) reads as follows:
"(2) The old-age and invalidity pension shall be at least equal to the age of the Resistance.
| skupiny | Kčs měsíčně |
| I. | 1770 |
| II. | 1470 |
| III. | 1270 |
| IV. | 1170.“. |
4. Paragraph 57 (2) reads as follows:
"(2) The widow's pension for a participant in resistance I of the group shall be at least 1140 CZK per month and the widow for a participant in resistance II to IV of the group shall be at least 960 CZK per month. '
5. Article 57 (5) reads as follows:
"(5) If the widow is not entitled to a widow's pension, she shall, however, be entitled to an old-age or invalidity pension, the pension shall be at least 1140 CZK per month, if the widow is a member of the resistance group I and 960 CZK per month, if the widow is a participant of the resistance group II to IV. '
6.
(1) If a member of the resistance is awarded a social pension, he shall be granted a member of the resistance.
| skupiny | ve výši Kčs měsíčně |
| I. | 1770 |
| II. | 1470 |
| III. | 1270 |
| IV. | 1170. |
(2) If a widow receives a social pension from a member of the resistance, the pension shall be granted at the rate of 960 Kčs per month. '
7. In § 60, the amount of 880 CZK is replaced by 950 CZK and 1500 CZK by 1600 CZK.
8. Article 60a, including the title, reads:
Adjustment of pensions that are the only source of income and increase of pension for helplessness
(1) If the widow's widow's pension is the sole source of the widow's income after the resistance participant and does not amount to CZK 1050 per month, it shall be increased to that amount. Paragraph 42 (1) of the first part of the sentence after the semicolon and paragraph 4 shall apply mutatis mutandis.
(2) If the pension (total of pensions) is less than 1700 CZK per month and is the sole source of income of the pensioner and his family member, one of whom is a member of the resistance, the pension (total of pensions) is increased to that amount. Paragraph 42 (2) to (4) shall apply mutatis mutandis.
(3) The increase in the pension for helplessness shall also be admitted above the threshold referred to in Paragraph 47 (1) if the pension (total of pensions) has been adjusted in accordance with the preceding paragraph. '
9. In § 159, the amount of 880 CZK is replaced by 950 CZK and 1500 CZK by 1600 CZK.
Transitional provisions
(1) The increase in the pension referred to in Article I shall be granted to pensions awarded before 1 January 1971 (Article I (1)), without application; the increase in pensions granted after 31 December 1970 (Article I (2)) shall be granted on request.
(2) The increase in the pension referred to in Article I shall be granted in respect of pensions paid on the effective date of this Act from the payment of the pension due after the effective date of that Act.
(3) Pensions of elderly, disabled, widower, orphan two-sided children, social and parents and siblings paid on the effective date of this Act, which are adjusted as the only source of income of the pensioner (§ 42 (1), § 45 (2), the first sentence of the first and § 159 the sentence of the first Act No. 121 / 1975 Coll., as amended), shall be increased to 950 Kčs (Article II (1) and (9) without application from the pension payment due after the effective date of that Act. If the pensions referred to in the preceding sentence have not yet been adjusted as a single source of income and do not reach the amount of 950 Kčs (Articles II (1) and (9)) or the amount of 1050 Kčs (Article II (8) - Article 60a (1)), it shall be adjusted at the earliest on request from the payment of the pension due after the effective date of this Act.
(4) Adjustment of the old-age, invalidity, social and income of parents and siblings, to which is also referred a family member of a pensioner (§ 42 (2), § 45 (2), second sentence and § 159, second sentence of Act No. 121 / 1975 Coll., as amended), due to a single source of income to the amount of 1600 Kčs (Article II (1) and (9), shall be made on request at the earliest from the payment of the pension due after the effective date of the Act. This is also the case if it is the pension adjustment (total of pensions), which is the only source of income, to the amount of CZK 1700 pursuant to Article II (8) (§ 60a (2)).
(5) The income of the resistance participants, which is below the amount laid down in Article II (3) to (7), shall be adjusted on request at the earliest from the payment of the pension due after the effective date of this Law.
(6) The partial invalidity pensions of members of the Resistance granted before the application of this Act are to be converted at the request of the newly determined lowest rate of invalidity of the Resistance participant (Article II (3)) if this is more favourable to them. The pension arrangements shall be made at the earliest from the payment of the pension due after the effective date of this Act.
This Act shall take effect on 1 January 1985.
Husák v. r.
Indra v. r.
Strougal v. r.
1) Sections 39 and 64 (2) sentence of the third Act No. 121 / 1975 Coll.
46) Act No. 54 / 1956 Coll., on staff sickness insurance, as amended, and the regulations issued for its implementation. Act No. 103 / 1964 Coll., on the security of cooperative peasants in sickness and on the security of the mother and child, as amended. Act No. 32 / 1957 Coll., on Diseases Care in the Armed Forces, as amended. Decree No. 128 / 1975 Coll., as amended.
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Regulation Information
| Citation | Act No. 108 / 1984 Coll., on increasing certain low pensions and other changes in social security |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.11.1984 |
|---|---|
| Effective from | 01.01.1985 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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