Act of the Czech National Council No. 125 / 1990 Coll.
Act of the Czech National Council amending and supplementing the Act of the Czech National Council No. 114 / 1988 Coll., on the jurisdiction of the authorities of the Czech Socialist Republic in social security
Valid
Effective from 01.05.1990
125
THE LAW
Czech National Council
of 25 April 1990
amending and supplementing the Act of the Czech National Council No. 114 / 1988 Coll., on the Jurisdiction of the Bodies of the Czech Socialist Republic in Social Security
The Czech National Council decided on this law:
The Act of the Czech National Council No. 114 / 1988 Coll., on the jurisdiction of the Czech Socialist Republic bodies in social security, is amended as follows:
1. In Paragraph 1 (d), the words "and the environment 'are deleted.
2. Paragraph 1 (3) is deleted.
3. In Section 5, the heading above the numerical indication of this section is moved under its numerical indication.
4. In Section 5 (1), the first sentence is: "Regional National Committees and Regional National Committees shall establish family and child care committees as Administrative Commission."
5. In Article 5 (2), the words "National Committee 'are replaced by the words" National Committees' and the words "National Committee '.
6. In Article 5, paragraphs 3 and 4 are deleted.
7. In Paragraph 5 (7), the first and second sentences are deleted.
8. Paragraph 5 (5) to (9) shall be renumbered paragraphs 3 to 7.
9.
Special social security bodies
(1) The County National Committees and the Regional National Committees, as special bodies, (9a) establish a Social Security Assessment Board (hereinafter referred to as the "Assessment Committees") to assess the health status and working capacity of citizens for social security purposes. The Board of Appeal shall be managed by the Board of the National Committee and shall also be subordinate to the High Level Assessment Committee; If it is the Regional National Committee's assessment committee, it is managed by the Regional National Committee's Board and is also subordinate to the Ministry. The Board of the National Committee shall be responsible for its activities.
(2) The Assessment Board consists of a social security assessor with a specialisation in the field, another doctor and secretary of the Assessment Board. The panel shall act by a majority of its members.
(3) The social security assessor and the secretary of the panel shall be appointed by the National Committee from among its experts. Other doctors shall be appointed by the national committee on a proposal from the competent authorities. 9b)
(4) The panel's deliberations shall be managed by a social security assessor who, depending on the nature of the case under consideration, shall select another doctor from among the doctors designated by the national committee.
(5) A representative of a citizen whose health and working capacity are assessed shall also be entitled to participate in the deliberations of the panel. The members of the panel and the citizens invited to act shall be obliged to remain silent about the facts which they have learned in connection with the hearing.
(6) The Regional National Committee shall, if necessary, instruct the District National Committee in its territorial area to assess the disability or other health issues related to the implementation of social security for participants in the fight against fascism and the victims of fascism, as well as political prisoners from 1948 to 1989, and the implementation of social security on the basis of international treaties, or in other justified cases for the territory of the whole region.
(7) In agreement with other regional national committees, the Regional National Committee shall, where appropriate, instruct the Regional Committee in its territorial area to assess the disability or other health issues related to the implementation of social security under international agreements and for the territory of those regions.
(8) The Regional National Committee shall instruct the Regional National Committee in its territorial area to assess the health and labour capacity of the party in the event that the Regional Committee of the relevant Regional National Committee has become the exclusion of its members for the bias of incompetent action and resolution.
(9) In justified cases, the District National Committee will set up assessment committees with competence for workers of large organisations that have racing medical facilities. "
(10) In Article 7 (a), the words "artists, (10) citizens providing benefits in kind and performance on the basis of the authorisation of the National Committee, individual farmers and other self-employed persons" shall be replaced by the words "self-employed persons, 10)."
11. in Article 7 (b), "Article 11 (a) No 1" is replaced by "Article 9 (1) (a) No 5."
12. in Article 8 (a), point 3 is deleted;
13. in Paragraph 8 (b), point 6 is deleted;
14. Paragraph 9 (1) (a) reads as follows:
"(a) decide:
1. in contentious cases concerning the creation and termination of social security of members of single agricultural cooperatives and self-employed persons;
2. on sickness benefits for self-employed persons,
3. the death of an unemployed pensioner or, where appropriate, his family member and the child support of a pensioner or spouse, or of another member of the unemployed pensioner,
4. the spa care of cooperative peasants, self-employed workers, non-working pensioners and their family members, with the exception of diseases for which spa care is authorised by the public health authorities under special regulations,
5. on social income,
6. increasing social income for helplessness,
7. on education for social income,
8. setting off the entire calendar year until the period of employment before 1 January 1976, provided that a member of the single agricultural cooperative has not completed a specified number of working days or otherwise determined working time;
9. On the obligation of self-employed persons to pay the premiums due,
10. on the obligation for self-employed persons to repay the sickness benefit provided unjustly or at a higher level than that due to the obligation of the single agricultural cooperative to make good the damage caused by the mispayment of the insurance benefits of cooperative farmers;
11. the obligation for the pensioner to repay the pension benefit (insurance) granted unjustly or at a higher rate than its due and the obligation for the organisation to make good the damage caused by the incorrect payment of the pension if the decision on such benefit falls within the competence of the national committee;
12. on appeals against decisions of the Social Commission of the Single Agricultural Cooperatives on cash benefits of sickness and maternity and child security,
13. on the grant of child allowances to members of the single agricultural cooperative in cases provided for in specific provisions, 12)
14. on the removal of the hardships that would arise in the implementation of the Social Security Act, 21) on sickness benefits for self-employed persons, on support for the birth of a child and on the death grants provided to pensioners, and on the removal of hardships in the implementation of the Law on the security of cooperative peasants in sickness and on the security of the mother and child, 22). "
15. in Article 9 (1) (d) (3) and (4):
'3. the pension benefits of self-employed persons,
4. the widow's or orphan's pension after the citizens referred to in point 3, ';
16. in Article 9 (1) (d), points 5 and 6 shall be deleted and points 7 to 11 shall be renumbered as points 5 to 9.
17. Article 9 (1) shall be added to points (e) and (f):
"(e) proposes to the Office of Pension Security in Prague to account for periods of employment and replacement periods in contentious cases, including the counting of periods of military service in non-Allied armies, which were compulsory for Czechoslovak citizens and periods of captivity in times of infreedom;
(f) submit proposals to remove the hardships that would arise in the implementation of the Social Security Act with regard to pension insurance. "
18. in Paragraph 9 (2), "paragraph 1 (a) 7 to 9" is replaced by "paragraph 1 (a) 3";
19. in Article 10 (a) and (b):
"Regional National Committee
(a) decide:
1. on the initiative of the Medical Advisory Board (14), whether the disabled or partially disabled citizen is unable to work for at least six months for a disease or accident and to whom the sick person belongs and who has not applied for an invalidity or partial invalidity pension or if his application has not been granted,
(2) the need for permanent transfer of a worker to another job or the need for a permanent change of employment has been found by the opinion board, in the context of deciding on pension benefits, that the worker has lost his / her capacity to continue to work or that he / she is not allowed to do so for an occupational disease or for the risk of an occupational disease, 15)
3. whether the child is disabled in the long term and requires exceptional care or exceptional care particularly demanding for the grant of an allowance for child benefits from sickness insurance (16) and for the education provided to members of the armed forces and corps under special regulations (16a) and for the grant of maternity allowance, if decided by the sickness insurance authorities or the armed forces and the Corps (16a);
4. on the long-term unfavourable state of health of the child for the purposes of the payment of allowances for children from sickness insurance or education provided to members of the armed forces and corps under special regulations, 16a)
(b) issue an opinion
1. the invalidity or partial invalidity, if not the cases referred to in (a) 1;
2. about helplessness,
3. whether the child is disabled in the long term and requires exceptional care or exceptional care particularly demanding for the granting of a supplement to the children of cooperative farmers and self-employed persons and a supplement to the education allowance, (18) or in a replacement procedure (19) and in a maternity allowance procedure, if the competent social security authorities so decide;
4. the long-term unfavourable health status of the child for the purposes of the payment of allowances for the children of the citizens referred to in point 3, the payment of education and orphan's pension;
5. At the request of social security authorities, whether a citizen can increase his / her standard of living by reason of his / her health, 20)
6. at the request of the authorities of the armed forces and of the corps for the ability of a member of the armed forces and of the corps to have adequate civil employment; ';
20. § 11 is released.
21. In Section 13, in the introductory sentence, the words "their Social Security Assessment Board 'are replaced by the words" their Assessment Board' and in points (a) and (b), the words "the Social Security Assessment Board 'are replaced by the words" the Assessment Committee'.
22. in Article 19 (1) (a), the following point 13 is added:
'13. on the replacement of income in military training and other types of service in the armed forces for self-employed persons, '.
23. In Paragraph 22, the words "their social security assessment committee 'are replaced by the words" their assessment committee'.
24. In the first sentence of Paragraph 30, the words "their Social Security Assessment Board 'are replaced by the words" their Assessment Board'.
25. In Section 35, the words "their Social Security Assessment Board 'are replaced by" their Assessment Board'.
26. Paragraph 54 (1) (a) reads as follows:
"(a) sickness benefits for self-employed and unemployed pensioners, with the exception of decisions to reduce or withdraw such benefits;"
27. in Paragraph 56 (1) (a) (1), the words "Social Security Assessment Board" are replaced by the words "Assessment Board."
28. the words "and the environment" shall be deleted from Paragraph 56 (1) (d).
29. Paragraph 56 (1) (f) reads as follows:
"(f) the seat of the District National Committee, whose assessment committee (paragraphs 6 to 8) has been entrusted with assessing the disability or other health issues related to the exercise of social security, '.
30. Paragraph 56 (3) reads as follows:
"(3) The application for death grants from a self-employed person shall be submitted to the district national committee with which the deceased has been registered for social security. The application for death grants for an inoperative pensioner shall be submitted to the local national committee in the central municipality, the municipal or district national committee in whose district the deceased was resident. ';
31. The words "and with the Czech Trade Union Council and after discussion with the Czech Committee of the Association of Cooperative Farmers" are released in the first sentence of Section 58.
32.
"(a) details of the composition and conduct of the administrative committees and the assessment committees of the national committees,"
33.In Paragraph 58 (e), the words "time limits for decision-making 'are replaced by the words" details of'.
Pending the commencement of the work of the assessment committees under this law, the doctors and secretaries who are members of the current assessment committees of social security are responsible for their duties under the chairmanship of the social security assessor.
This Act shall take effect on 1 May 1990.
Shafarak v. r.
Pithart v. r.
9a) § 63b of Act No. 69 / 1967 Coll., on National Committees, as amended (full version No. 140 / 1988 Coll.).
9b) For example, national health institutions, health services of the Department of Correctional Education of the Czech Republic, regional administrations of SNB, regional military administrations.
10) Paragraph 2 (1) (c) of the Social Security Act.
16a) Act No. 88 / 1952 Coll., on Material Security of Armed Forces Members, as amended by Act No. 76 / 1959 Coll. and Act No. 100 / 1970 Coll. Act No. 100 / 1970 Coll., on the service relationship of members of the National Security Corps, as amended by Act No. 63 / 1983 Coll.
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Regulation Information
| Citation | Act of the Czech National Council No. 125 / 1990 Coll., amending and supplementing the Act of the Czech National Council No. 114 / 1988 Coll., on the Jurisdiction of the Bodies of the Czech Socialist Republic in Social Security |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.04.1990 |
|---|---|
| Effective from | 01.05.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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