Full text of Act No. 11 / 1980 Coll.
Ordinance of the Government of the Czechoslovak Socialist Republic on the exceptional provision of pension to certain working pensioners (full version of Decree of the Czechoslovak Socialist Republic No. 135 / 1975 Coll., as shown by later amendments and additions)
Valid
11
THE PRESIDENT OF THE GOVERNMENT OF THE CZECH SOCIALISTIC REPUBLIC
Announces
the full text of the Decree of the Government of the Czechoslovak Socialist Republic of 4 December 1975 No 135 Coll., on the exceptional provision of pension for certain working pensioners, as follows from the amendments and additions made by the Decree of the Government of the Czechoslovak Socialist Republic of 15 June 1978 No 71 Coll. and the Decree of the Government of the Czechoslovak Socialist Republic of 14 December 1979 No 163 Coll.:
GOVERNMENT REGULATION
Czechoslovak Socialist Republic on exceptional pension provision to certain working pensioners
The Government of the Czechoslovak Socialist Republic hereby orders, pursuant to Article 169 of Act No. 121 / 1975 Coll., on Social Security (hereinafter referred to as "the Act"):
Entitlements on old-age and widower's pension for permanent employment
(1) A worker who is employed after entitlement to an old-age pension is entitled to a pension (insurance) shall be entitled to an old-age pension at an unchanged rate if his gross earnings do not exceed 800 Cds per month.
(2) The pensioner of a widow's pension from a pension (insurance) who is also paid an old-age pension or who has completed the age of 57 years and who receives the widow's pension alone or in parallel with any other pension pension (insurance), the widow's pension on employment shall not be reduced if his gross earnings are not more than 800 CZK per month.
(3) Gross earnings as referred to in paragraphs 1 and 2 shall mean earnings, (1) from which the average monthly earnings are collected, (2) but without the contribution paid by the single agricultural cooperative to the partial reimbursement of social security costs.
(1) An old-age pension (insurance) is granted to a worker who is employed 3) after entitlement to an old-age pension.
(a) to an unchanged amount, if employed:
1. in the manufacture of industrial, construction, agricultural or forestry works, including custom works, repairs and maintenance;
2. in transport, communication, geological, in internal trade or in material technical supplies;
3. in the professional professions or as an operating and operating worker in municipal services or in the provision of services in the section of cultural education;
4. in working-class professions or as an operating and operating worker in mass catering establishments;
5. in working-class professions in health organisations, as a health care worker in daycare and microcare, as a middle, lower or auxiliary health worker in continuous or three-shift operations in health care organisations and in social care facilities, in the performance of work in the care service, as a tutor in care facilities for young people;
6. in the case of heating, maintenance or cleaning work or the work of a member of the racing guard, doorman and guard;
(b) up to 1100 CZK per month if employed
1. in health care, social care, community services and mass catering establishments in the course of work other than those referred to in (a) 3 to 5;
2. the purchase of agricultural products, housing, accommodation and tourism services.
(2) A widower of a widow's pension from pension (insurance) who is simultaneously paid an old-age pension or who has completed the age of 57 years and who receives the widower's pension on his own or in parallel with any other pension pension (insurance), the widower's pension on employment shall be granted under the conditions laid down in paragraph 1.
(3) The provisions of paragraphs 1 and 2 shall not apply to workers performing administrative work and, with the exception of those referred to in paragraph 1 (a) (4) and (6), to work in managing bodies.
A worker who, after being entitled to an old-age pension, has been employed continuously, has not received an old-age pension or part of it and fulfils the conditions for the payment of that pension at the time of employment referred to in § 1 or § 2, shall be assessed on the average monthly earnings for the measurement of the old-age pension from the total of gross earnings for the last 10 (5) calendar years before the year in which the day from which the old-age pension is granted, if that calculation is more favourable to him than the calculation under § 14 (2) of the Law. Paragraph 14 (3) of the last sentence and paragraphs 4 and 5 of the Act apply here.
(1) A worker who is employed after entitlement to an old-age pension is entitled to an old-age pension shall be entitled to that pension at the rate of one half, provided that there is no more favourable treatment for him under § 1 or § 2, if his gross earnings have fallen substantially after entitlement to an old-age pension; it is a condition that a substantial decrease in earnings was due to a reduction in the working time or change in employment.
(2) A substantial decline in the worker's earnings shall be considered if the monthly gross earnings of the worker are at least one third lower than the average monthly earnings of which the old-age pension is calculated but unlimited in accordance with Article 14 (4) of the Act.
(3) Half of the old-age pension is calculated from the old-age pension of the amount at which it would be due on the date on which half of that pension is granted. The average monthly earnings of the worker shall be collected from gross earnings earned prior to the year in which he was entitled to an old-age pension; If the worker has been employed continuously and has not received the old-age pension or part of it after entitlement to the old-age pension, the average monthly earnings on gross earnings earned before the year in which there was a substantial decrease in earnings after the pension entitlement was established shall be established if this is more favourable for the worker.
Pension entitlements for short-term employment
(1) Old-age, widower's and orphan's pension pension (insurance), which would not have been paid or would have been reduced in employment, is granted an unchanged pension if the pensioner is employed in the short term for a maximum period of 180 working days, unless the pensioner has actually worked more than that number of working days in the short-term employment so agreed in the calendar year. The number of days worked includes the days for which the pensioners were entitled to sickness benefit, the compensation for wages, and also the holidays for the pensioners remunerated by the monthly salary, even if they do not have compensation for the wages for those days. The days for which compensation for unpaid leave was due shall not be included in the number of days worked.
(2) The pensioners referred to in the preceding paragraph shall also be entitled to an unaltered pension if they are employed with an obligation of such an extent that they do not exceed 1200 working hours in the calendar year.
(3) Where the pensioner has carried out both the work referred to in paragraph 1 and the work referred to in paragraph 2 in the same calendar year, each day in which the work referred to in paragraph 2 was carried out shall be treated as one working day; the total duration of all work shall not exceed 180 working days in the calendar year.
(4) In the event of an increased need for emergency labour, the maximum period of work laid down in the preceding paragraphs may be exceeded. The extent of such exceedance and the work for which it is permitted shall be decided by the Government of the Czechoslovak Socialist Republic and by the Government of the Czech Socialist Republic and the Government of the Slovak Socialist Republic in the case of individual emergencies for organisations governed by the Federal Central Authorities.
Entitlements on pensions in respect of work under the employment agreement or in respect of the provision of services or repairs on the basis of the authorisation of the national committee
(1) Old-age pensioners and widower's pensioners who work under the employment agreement, (4) these pensions shall be granted only under the conditions and at the level laid down in Sections 1, 2 and 5. Paragraph 5 on the payment of the orphan's pension in full applies mutatis mutandis. If the work agreement concluded for the performance of the work referred to in Section 5 did not agree on the number of working days (Section 5 (1)) or on the number of working hours (Section 5 (2)), one calendar week of the period for which the work agreement was concluded shall be calculated in five working days.
(2) Old-age pensioners and widower's pensioners who provide services or repairs on the basis of permission from the National Committee, (5) those pensions shall be granted only under the conditions and at the level set out in Sections 1 and 2.
Common provisions
According to this Regulation, workers are employed, a member of a production cooperative, a member of a single agricultural cooperative, a soldier of the profession, a member of the National Security Corps and a member of the corps of corrective education and a worker referred to in § 3 (c) of the Act; (6) employment here means employment in relation to a member of a production cooperative and a member of a single agricultural cooperative, a service in the armed forces and other activities referred to in § 9 (2) (a) of the Act. 7)
(1) For the period of employment (the work referred to in Paragraph 6), during which an old-age pension or part thereof is granted, entitlement to that pension shall not be increased.
(2) The worker may choose the place where the pension is paid to increase the pension entitlement. The choice made may not be changed before the expiry of three months; However, if there are cases referred to in Section 5, the pensioner may at any time request that he be entitled to an old-age pension instead of a pension. The period of employment (the work referred to in Paragraph 6) shall be assessed for the purpose of increasing the pension entitlement in all these cases under the general rules from the day following the end of the period for which the monthly pension payment has already been paid.
For the period during which an old-age pension or part thereof is payable under § 1 to 5 at work, the pension shall be paid even if at that time the pensioner is entitled to a sick pension.
The organisation shall state in the report of the social security body the circumstances of which it is apparent whether the work in which the pensioner is subject to benefits under this Regulation or whether the work referred to in Article 6 is concerned. The organisation shall be liable under the applicable rules for damage caused by undue pension payments. 8)
(1) Workers of old-age pensions who are employed in the production, services and other work referred to in Article 2 (1) (a) of this Regulation and who, following an increase under Part Eight of the Act, receive an old-age pension of more than 1100 CZK per month, are required to declare until 31 January 1976 the duration of such employment to the pension authority which pays the pension.
(2) If, in the cases referred to in paragraph 1, the amount of the old-age pension exceeds the amount of CZK 1100 per month, the old-age pension paid shall be adjusted to that amount, starting with the payment of the pension due in February 1976. Overpayments resulting from the payment of old-age pension payments exceeding 1100 CZK per month for February and March 1976 shall not be recovered if the pensioner has fulfilled his reporting obligation.
(3) Workers of old-age pensions who work in single agricultural cooperatives and who no longer have a pension in employment under this Regulation are required to declare the duration of such employment by 10 January 1976. The pension payment in such cases ends with the pension payment due in January 1976. Overpayments resulting from the payment of payments of pensions for January and February 1976 shall not be enforced if the pensioner has fulfilled his reporting obligation.
Final provisions
The decree of the Government of the Czechoslovak Socialist Republic No 2 / 1971 Coll., on the exceptional provision of pensions to certain working pensioners is hereby repealed.
This Regulation shall enter into force on 1 January 1976.
Decree of the Government of the Czechoslovak Socialist Republic No. 71 / 1978 Coll., amending and supplementing the Government of the Czechoslovak Socialist Republic No. 135 / 1975 Coll., on the exceptional provision of pensions to certain working pensioners, became effective on 1 August 1978. Decree of the Government of the Czechoslovak Socialist Republic No. 163 / 1979 Coll., amending and supplementing the Decree of the Czechoslovak Socialist Republic No. 135 / 1975 Coll., on the exceptional provision of pensions to certain working pensioners, as amended by the Decree of the Czechoslovak Socialist Republic No. 71 / 1978 Coll., came into effect on 1 January 1980.
Dr Strougal v. r.
1) Paragraph 14 of Decree No. 128 / 1975 Coll., implementing the Social Security Act, as amended.
2) § 14 of Act No. 121 / 1975 Coll.
3) It is an activity in the sectors of the national economy defined by Decree No. 113 / 1972 Coll., on the establishment and use of a single classification of the national economy sector, issued by Act No. 21 / 1971 Coll., on a single system of socio-economic information. The definition of the terms "workers' professions" and "operating or operating workers" was carried out by the Federal Statistical Office pursuant to Decree No. 129 / 1971 Coll., on the establishment and use of a uniform classification of employment and a uniform classification of study and teaching fields.
4) § 232 (2) of the Labour Code (full version No 55 / 1975 Coll.); in the case of work carried out under the agreement on the performance of the work referred to in Section 232 (3) of this Code, an old-age pension shall be provided at an unchanged rate.
5) Principles No 20 / 1965 Coll., for the provision of certain services and repairs to citizens by permission of the National Committee, approved by the Government Resolution of 3 March 1965.
6) For example, members of the popular control bodies, members of the national committees, if they are made available for parliamentary function, lawyers.
7) Another activity is, for example, the activities of members of popular control bodies, members of national committees, if they are made available for the performance of the parliamentary function of lawyers.
8) The obligation of organisations to keep records and report for social security purposes and the obligation to replace the wrongly paid benefits is laid down in Sections 111 to 113 of the Act and Sections 151 to 159 of Decree No. 128 / 1975 Coll.
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Regulation Information
| Citation | Full text of Act No. 11 / 1980 Coll., on the exceptional provision of pensions to certain working pensioners (full text of the Decree of the Government of the Czechoslovak Socialist Republic No. 135 / 1975 Coll., as shown by later amendments and additions) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.02.1980 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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