Government Decree No. 114 / 1950 Coll.
Regulation on pension and accident security for employees in a pragmatic or regulated service relationship taken over by national undertakings established from former state undertakings or by certain other national undertakings
Valid
Effective from 01.04.1950
114.
Government Regulation
of 11 July 1950
on the pension and accident security of employees in a pragmatic or regulated service relationship taken over by national undertakings established from former state undertakings or by certain other national undertakings.
The Government of the Republic of Czechoslovakia orders pursuant to § 21 paragraphs 2 and 4 of Act No. 311 / 1948 Coll., on National Transport Enterprises, § 13 paragraphs 2 and 4 of Act No. 312 / 1948 Coll., on the Organisation of State Forests and Property, § 15 paragraphs 2 and 4 of Act No. 27 / 1949 Coll., on the Mechanisation of Agriculture, § 16 paragraphs 3 of Act No. 151 / 1949 Coll., on the Czechoslovak Post Office, National Company, and § 9 paragraph 3 of Act No. 63 / 1950 Coll., on the Treatment of Tobacco, Salt and Lime Management, and on the abolition of State Financial Monopoly:
Scope of validity.
This Regulation lays down:
1. Entitlements from national pension insurance of employees of national transport undertakings, national enterprises of Czechoslovak State Forests, Czechoslovak State Goods, the Institute for Agriculture Mechanisation and Czechoslovak Post and national enterprises for tobacco, salt and alcohol management, who were excluded from national pension insurance (hereinafter referred to as "employees") on 31 March 1950,
2. claims from persons who have suffered an accident until 31 March 1950 and are beneficiaries of an accident pension from an accident measure of employees of Czechoslovak Railways or Czechoslovak Automotive Transport (former Czechoslovak State Company), Czechoslovak Post (former Czechoslovak State Company) or Czechoslovak Tobacco Monopoly, and survivors of them.
Basic provisions.
(1) Staff members have been involved in national pension insurance since 1 April 1950.
(2) If there is an idea of benefits after 31 March 1950, the entitlements of employees, their family members and survivors under the national pension scheme with derogations shall be assessed.
Retirement.
(1) An old-age (invalidity) pension belonging to a national insurance worker is increased by the amount by which his retirement pay, without the education and special allowance, would have been paid to him from the state pension scheme, calculated in accordance with § § 2, 4 and 5 on the same date when he was transferred to the service on 31 March 1950. Paragraph 71 (8) of the National Insurance Act applies mutatis mutandis.
(2) The income from national insurance for the survivors of the staff member shall be increased by half the increase referred to in paragraph 1.
(3) The entitlement to an increase referred to in paragraphs 1 and 2 shall also apply if the staff member leaves the employer's service referred to in paragraph 1 before the idea of retirement.
(4) The entitlement to an increase referred to in paragraphs 1 and 2 shall not apply if the staff member is sentenced to loss of civil rights or if his employment has been cancelled because he has committed such an act that he cannot be considered to be of a statewide reliability.
Time attributable.
(1) For the establishment and amount of the entitlements referred to in Article 2, the term of national pension insurance shall be considered as:
(a) the allowance period (counted) for an area of resting (provision) salaries; and
(b) other periods completed in national (public) pension insurance.
The periods covered only count once.
(2) The period during which the resting (provision) salaries from the state pension provision have been paid shall be considered as a replacement period under Section 61 (2) (e) of the National Insurance Act.
Measurement basis.
(1) For the annual average of the assessment bases pursuant to Section 71 (5) of the National Insurance Act, the regular service (work) income is calculated for the period from 1 January 1946 to 31 March 1950, including the advance payment. In doing so, no account shall be taken of amounts exceeding CZK 120.000 per year.
(2) Regular service (work) income shall, within the meaning of paragraph 1, mean the types of income which are relevant for determining the compensation under the working and wage rules of each national undertaking, at the level laid down for the group of operating places A, and, where appropriate, in kind.
Lowest area of retirement.
(1) The old-age (invalidity) pension, including the increase provided for in Article 3, must not be lower than the rest pay (without the educational and special allowance) to which the staff member would have been entitled if he had been retired on 31 March 1950.
(2) The sum of the survivor's pensions may not be less than the sum of the similar provision salaries they would have had had the staff member died on 31 March 1950.
Emergency security.
(1) From 1 April 1950, employees are insured for accident compensation benefits under national insurance rules. Accident measures of the Czechoslovak Railways, Czechoslovak Automotive Transport and Czechoslovak Post and the state enterprise Czechoslovak Tobacco Monopoly are repealed on 31 March 1950.
(2) Pensions under the accident insurance scheme referred to in paragraph 1 shall be treated as pensions under the National Insurance Act as from 1 April 1950.
(3) The income from the accident insurance scheme, which is affected by the accident, is to be altered or withdrawn by 31 March 1950 only if the current rules on the accident insurance measure in force until that date so permit. However, if a pensioner, the beneficiary of an accident pension, is entitled to an invalidity or old-age pension after 31 March 1950, his or her accident claims shall be assessed in accordance with the national insurance rules.
(4) Entitlements of pensioners who died after 31 March 1950 as a result of an accident suffered by that date shall be assessed in accordance with national insurance rules.
Receipt of pensions from the accident insurance scheme by the Central National Insurance Corporation.
(1) The Central National Insurance Corporation shall take over the pensions of persons covered by this Regulation in the manner and within the time limits laid down by the Ministry of Labour and Social Welfare in an agreement with the Ministry of Transport, in the case of post and finance ministries.
(2) The central national insurance undertaking shall take over the necessary number of staff and technical installations of the authorities still competent in matters relating to the accident management of the persons referred to in paragraph 1. The Ministry of Labour and Social Welfare shall provide details in agreement with the central authorities involved.
Notification obligation.
(1) The authorities responsible so far in matters of state pension (temporary) and accident insurance for persons referred to in § 1, after the employer's request, shall immediately inform the Central National Insurance Company or its Territorial Organisational Component and Employees, by 31 December 1951 at the latest, of the amount of the service income applicable pursuant to § 5 and of the amount of the retirement (provision) salary to which the staff member would be entitled on 31 March 1950.
(2) The Ministry of Labour and Social Welfare provides details in agreement with the central authorities involved.
Final provisions.
The Ministry of Labour and Social Welfare may, in agreement with the participating central authorities and after hearing a single trade union organisation, lay down details of the implementation of this Regulation, in particular the provision of medical assessment services by doctors who performed this service by 31 March 1950 for the authorities referred to in Article 9, depending on the nature of the case by a decree in the Official Journal.
The Ministry of Labour and Social Welfare may act in agreement with the participating central authorities and, after hearing, the uniform trade union organisation of measures to eliminate the difficulties that would arise in implementing this Regulation.
The measures taken pursuant to the existing rules on public pension and accident measures from the date of entry into force until the date of publication of this Regulation in the matters covered by it shall remain unaffected. However, the central national insurance undertaking may, by 30 June 1951, review the measures referred to in the previous sentence in accordance with the national insurance rules and re-decide.
This Regulation shall enter into force on 1 April 1950 and on 1 July 1950 for staff covered by Act No 63 / 1950 Coll.; they shall be carried out by the Minister for Labour and Social Welfare in agreement with participating members of the Government.
Zaporocký v. r.
Erban v. r.
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Regulation Information
| Citation | Government Decree No. 114 / 1950 Coll., on Pension and Accident Security of Employees in Pragmatic or Regulated Service Ratio for the Services of National Enterprises established from Former State Enterprises, or for the Services of Certain Other National Enterprises |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.08.1950 |
|---|---|
| Effective from | 01.04.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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