Act of the Czech National Council No. 129 / 1975 Coll.
Act of the Czech National Council on the competence of the institutions of the Czech Socialist Republic in social security
Valid
Effective from 01.01.1976
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
§ 5a
ČÁST DRUHÁ
§ 6
§ 7
§ 7a
§ 8
§ 9
§ 10
§ 11
ČÁST TŘETÍ
§ 12
§ 13
§ 14
§ 14a
§ 14b
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 21a
§ 22
§ 23
§ 23a
§ 24
§ 25
§ 25a
§ 26
§ 27
§ 28
§ 29
§ 30
§ 30a
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
ČÁST ČTVRTÁ
§ 47
§ 48
ČÁST PÁTÁ
§ 49
§ 50
§ 51
§ 52
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129
THE LAW
Czech National Council
of 18 November 1975
on the competence of the authorities of the Czech Socialist Republic in social security
The Czech National Council decided on this law:
SOCIAL SECURITY AUTHORITIES AND THEIR TASKS
Social security authorities
(1) The social security authorities of the Czech Socialist Republic are:
(a) Ministry of Labour and Social Affairs of the Czech Socialist Republic,
b) Office of Pension Security in Prague,
(c) national committees;
(d) Ministry of Interior of the Czech Socialist Republic and Ministry of Justice of the Czech Socialist Republic within the scope of the Social Security Act 1)
(2) Social Commission of Single Agricultural Cooperatives also acts as social security bodies.
(3) The social security authorities of the Czech Socialist Republic ensure the widest possible participation of workers in the exercise of social security and control, create the conditions for the participation of workers in social security decisions and work closely with social organisations, in particular the authorities of the Revolutionary Trade Union Movement, the authorities of production cooperatives and the authorities of the Association of cooperative peasants of the Czech Socialist Republic.
Ministry of Labour and Social Affairs of the Czech Socialist Republic
(1) Ministry of Labour and Social Affairs of the Czech Socialist Republic ("Ministry")
(a) manage and control the exercise of social security;
(b) ensure that social security tasks are performed in accordance with the possibilities and needs of the company.
(2) The Ministry may, as its body, set up a social security assessment committee to assess the state of health in exceptional cases as determined by the Ministry because their assessment requires specific expertise.
Pension Insurance Office in Prague
(1) The Pension Insurance Office in Prague decides on pension benefits, unless it is provided in this Act or in the Social Security Act that they are decided by another social security institution; cooperate with the national committees in the performance of pension insurance.
(2) The Pension Insurance Office in Prague is responsible for the efficient and economical use of the pension funds it manages.
National Committees
(1) The National Committees provide welfare benefits and services and, in the cases provided for by this Act, decide on pension benefits and on the security benefits of members of the families of the armed forces.
(2) The National Committees shall decide on the benefits of mother and child security and on the benefits of sickness security, provided that their provision is governed by the implementing provisions of the Social Security Act or by the rules on the security of cooperative peasants in sickness and on the security of the mother and child, as well as other benefits and contributions under the special legislation.2)
Administrative Commission
(1) The Regional National Committees and Regional National Committees (3) set up, as the Administrative Commission, the Social Security Assessment Board, the Batch Committee and the Family and Child Welfare Committee. Local national committees in central municipalities and municipal national committees may set up family and child care committees as administrative commissions.
(2) If necessary, the Regional National Committee may instruct the Regional National Committee in its territorial area to assess the disability or other health issues related to the exercise of social security of participants in the fight against fascism and the victim of fascism and the exercise of social security under international agreements, or in certain other justified cases, for the territory of the whole region.
(3) Where necessary, the Regional National Committee may, in agreement with other Regional National Committees, instruct the Regional National Committee in its territorial area to assess the disability or other health issues related to the exercise of social security under international agreements and for the territory of those regions.
(4) In justified cases, the District National Committee may, with the agreement of the Regional National Committee, set up an assessment committee of social security with the competence of the workers of large organisations which have racing medical facilities.
(1) The National Committee shall elect the chairmen of the Administrative Commission, their representatives, secretaries and other members from among its Members and other citizens. The chairmen of the commissions and their representatives shall be members of the National Committee.
(2) For members of the Social Security and Batch Committee, the National Committee shall elect, in particular, citizens who will be nominated by the competent authorities of the Revolutionary Trade Union Movement, the Czech Union of Production Cooperatives, the Association of Cooperative Farmers, the Czech Union of Anti-Fascist Warriors, or other social or other socialist organisations.
(3) On a proposal from the competent authorities, the National Committee also elects representatives of the Czechoslovak People's Army, representatives of the National Security Corps, representatives of the Army of the Ministry of Interior, representatives of the Department of Correctional Education of the Czech Socialist Republic, doctors from social security assessment doctors, state health authorities, armed forces and railway health.
(4) The National Committee shall elect, in particular, the citizens to be appointed by the competent authorities of the social organisations for members of the family and child care committees; elect also citizens who work together in the care of family and children, in particular from children, adult and female doctors, teachers, psychologists, career judges, prosecutors and members of the National Security Corps.
(5) The composition of the Administrative Commission shall be determined by the President of the Commission and, where appropriate, by his representative, depending on the nature of the case.
(6) The Social Security Assessment Board shall be able to act and act if the President or his representative, the Social Security Assessment Officer, one of the doctors of the State Health Administration and at least two other members are present. A batch committee shall be able to act and act if the chairman or his representative and at least two other members are present. The family and child care committee shall be able to act and act if the President or his representative and at least four other members are present.
(7) The Administrative Commission shall act by a majority of the members present.
SCOPE OF NATIONAL SELECTIONS AT THE POINT OF PENSION SECURITY, SECURITY OF MEMBERS OF CITIZENS OF CITIZENS CARRYING OUT SERVICES IN COLLECTED SITES, INSTALLATION AND MOTHER AND BABY SECURITY
The National Committees shall provide professional assistance to citizens and organisations in the exercise of social security, check how organisations perform the tasks imposed by the Social Security Act and impose on them to address the shortcomings identified. They provide and submit to the Office of Pension Security in Prague the documents needed to decide on pension benefits.
Scope of local national committees
The Local National Committee shall decide:
(a) to whom the pension benefit is to be paid if the payment of the benefit to the beneficiary would not be likely to achieve the purpose to which the benefit is to be paid or if the interests of the persons who are obliged to support the pensioner are thereby harmed;
(b) to whom allowances are to be paid to children from the security of the mother and child of scientists, writers, musical composers, artists, architects, journalists, performers and artisans 3a (hereinafter referred to as "scientists, artists and journalists"), cooperative peasants, citizens providing services on the basis of the authorisation of the national committee, individual farm farmers and other persons self-employed, or social security education, if the payment to the existing beneficiary is not likely to achieve the purpose for which the child allowance is intended.
Local National Committee in the Centre Municipality and Urban National Committee
(a) decide:
1. Aid for the birth of a child to a pensioner or to a spouse or other member of the family of an unemployed pensioner,
2. on the allowance for the recreation of children of an unemployed pensioner,
3. the death of an unemployed pensioner or, where appropriate, a member of his family;
4. the death of an individual farmer, a cooperating member of his family or a family member;
(b) monitor whether the conditions for the payment of pension benefits to be decided by the district national committee pursuant to Article 10 (a) (1) and (2) remain;
(c) he / she writes, if the citizen turns to him, requests
1. a pension adjustment, which is the only source of income,
2. increasing pensions or education for helplessness,
3. the pension of the wife,
4. the social pension,
5. a widow's or orphan's pension after non-working pensioners;
6. the pension benefits of citizens providing services on the basis of the authorisation of the National Committee and the widow's or orphan's pension following them
and shall proceed to the district national committee responsible for the applicant's residence.
Scope of the regional national committees
(1) National District Committee
(a) decide:
1. whether employment (insurance) has been interrupted for serious reasons,
2. on the termination of employment of the first or second working categories for reasons other than health,
3. the creation and demise of social security for cooperative peasants,
4. the creation and demise of social security for researchers, artists and journalists,
5. the creation and termination of pension insurance by individual farmers and other persons self-employed and cooperating members of their families, and the creation and termination of social security for citizens providing services on the basis of the authorisation of the National Committee;
6. 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 the specified number of working days or otherwise determined working time,
7. Increasing the wife's pension for helplessness and increasing the social pension (nurturing her) for helplessness,
8. Aid for the birth of a child to a pensioner or to a spouse or other member of the family of an unemployed pensioner,
9. on the allowance for the recreation of children inemployed;
10. the death of an unemployed pensioner or a member of his family,
11. the death of an individual farmer, a cooperating member of his family or a family member,
12. on sickness and child security benefits for the mother and child of scientists, artists and journalists,
13. on sickness and child security benefits for the mother and child of citizens providing services on the basis of the authorisation of the National Committee4a) and for the mother and child security of individual farmers and other persons self-employed and cooperating members of their families,
14. the obligation for the citizens referred to in points 12 and 13 to return the sickness and security benefits of the mother and the child provided unjustly or at a higher level than they were due and the obligation for the single agricultural cooperative to make good the damage caused by the incorrect payment of those benefits;
15. appeal against the decision of the Social Commission of the Single Agricultural Cooperatives on cash benefits of sickness and maternity and child security,
16. the provision allowance and the reimbursement allowance for the use of the flat;
17. on the grant of child allowances to members of the single agricultural cooperative in cases provided for in specific provisions; (b)
(b) process disability analyses and propose measures to the competent authorities to prevent invalidity and to eliminate the consequences of invalidity.
(c) he / she writes, if the citizen turns to him, requests
1. a pension adjustment, which is the only source of income,
2. increasing pensions or education for helplessness,
3. the pension benefits of researchers, artists and journalists,
4. the pension benefits of citizens providing services on the basis of the authorisation of the National Committee;
5. the pension benefits of individual farmers,
6. the widow's or orphan's pension after the citizens referred to in points 3 to 5,
7. the pension of the wife,
8. Social pension,
9. O widow's pension or orphan's pension after non-working pensioners.
(2) The competence referred to in paragraph 1 (a) (8) to (11) shall be exercised by the district national committee only if it is not for the local national committee in the central municipality or the municipal national committee to be responsible under § 7a.
Regional National Committee
(a) decide:
1. on the initiative of the Medical Advisory Board (5), whether he is a fully or partly disabled worker who is unable to work for a disease or accident for at least 3 months and who is entitled to a sick pension and who has not applied for an invalidity pension (partial invalidity pension) or has not been granted such a request;
2. whether employment in the first or second working categories ended for health reasons,
3. the need for permanent transfer of workers to other work or the need for a permanent change of employment has been found by the Social Security Assessment Board in the context of deciding on pension benefits, that the worker has lost his / her capacity to continue to perform his / her work or that he / she may not take it for or risk it for an occupational disease, 6)
4. the provision of spa care for non-working pensioners, members of single agricultural cooperatives, scientists, artists and journalists, citizens providing services on the basis of the authorisation of the National Committee, as well as for family members of all those persons, with the exception of diseases for which health care is authorised by the national health authorities under specific regulations,
5. Disability (severe disability) of the child and the need for permanent care for the grant of an allowance to children from sickness insurance; 7a)
(b) issue an opinion
1. on full (partial) invalidity, on helplessness, on invalidity (severe disability) of the child and on the need for permanent care of them, in proceedings for pension benefits, in the cases referred to in point (a) (1), and in proceedings for maternity and maternity benefits, if the competent social security authorities so decide, 7a)
2. Whether a citizen has significantly impaired general living conditions;
3. At the request of social security authorities, whether a citizen can increase his / her standard of living by reason of his / her health, 7b)
4. at the request of the armed forces authorities, the ability of a member of the armed forces to have adequate civil employment;
c) assesses the health status and working capacity of citizens for social security purposes when checking medical examinations
1. within the time limit fixed at the previous hearing; or
2. if it ascertains the relevant facts which justify carrying out a medical inspection; or
3. on the initiative of another social security institution;
(d) in the context of decision-making or issuing opinions, recommends:
1. the provision of sick leave after the end of the support period in cases where the worker can be expected to acquire working capacity within a short period of time;
2. as part of the assessment of the full (partial) invalidity of the measures for restoring the working capacity of the assessed, the appropriateness of further treatment, the appropriate adjustment of working conditions and, where appropriate, the measures of appropriate aids.
Regional National Committee
(a) decide:
1. on social income and education,
2. the pension of the wife,
3. the grant of a widow's pension to a woman after the expiry of the period during which the former spouse was obliged to grant her a nutritional allowance,
4. to suspend the payment of an orphan's pension or an education allowance if the orphan or child to whom the child is entitled to retirement is married,
5. on the partial invalidity pension of individual farmers and cooperating members of their families who have become partly disabled as a result of a work accident and the increase thereof;
6. to increase the invalidity pension of individual farmers and cooperating members of their families who have become fully disabled as a result of a work accident;
7. the obligation on the pensioner to repay the pension benefit (insurance) granted unjustly or at a higher rate than that due to it and the obligation on the organisation to compensate for damage caused by the mispayment of the pension, where the decision on such benefit falls within the competence of the national committee;
8. On the setting-up of the unemployment period, if that period is no longer counted under the Social Security Act,
9. on the reckoning of the military service period in non-Allied armies (including the time of captivity) which was carried out by the compulsory Czechoslovak citizens in a period of infreedom,
10. the removal of the hardships that would occur when providing sickness, maternity and child security benefits, the security of members of the families of the armed forces citizens' families and the provision of pensions by certain other benefits;
b) proposes to the Office of Pension Security in Prague the calculation of periods of employment in disputed cases.
Scope of regional national committees
(1) Regional National Committee
(a) represents the Office of Pension Security in Prague in the proceedings for the review of the pension decisions;
(b) it shall process the country's disability analyses and propose measures to the competent authorities to prevent invalidity and to eliminate the consequences of invalidity.
(2) The opinion board of social security of the Regional National Committee shall submit opinions in the judicial proceedings on pension and administrative proceedings where the contested decision has been given on the basis of the opinion of the opinion committee of the District National Committee.
SCOPE OF NATIONAL SELECTIONS AT SOCIAL WELFARE
National committees organise social care and provide citizens and families with children to overcome the unfavourable living situation of social assistance by benefits and social services. To this end, in cooperation with national, cooperative and social organisations, they seek out citizens in need of social care.
Family and children care
(1) In the care of family and children, national committees are developing a systematic activity aimed at creating favourable conditions that allow families to perform their social functions properly, especially in the education of children.
(2) National committees, in cooperation with socialist organisations, shall ensure the creation of conditions that allow or facilitate parents and other citizens responsible for the education of proper childcare; In particular, national committees shall build preschool and extracurricular facilities and establish services that are relevant to working parents, in particular employed mothers.
(3) National Committees help families to perform their tasks; ensure that harm can be caused to children and adolescents in families, workplaces and elsewhere, and protect them from harmful effects; identify the cases of disturbed families and the endangered or disturbed development of children and act to eliminate their causes and consequences; (8) organise alternative family education for children.
(4) National committees shall exercise the social protection of children and shall assist pregnant women, parents or other citizens who care for dependent children who need it for serious reasons, in protecting their rights and the rights of protected interests.
Scope of local national committees
Local National Committee
(a) decide:
1. On the warning of a minor, his parents and citizens who undermine his proper education, 9)
2. on the establishment of supervision of minors, 10)
(b) proposes to the authority responsible for deciding on child allowance (education) to stop the payment of this benefit to the beneficiary, where justified;
(c) provide immediate assistance to children in urgent cases;
(d) notify the courts and other national authorities of facts relevant to the management and decision-making of children;
(e) notify the district national committee of which families, children and pregnant women must be provided with social care and co-operate in its provision;
(f) notify the authorities which decide on the maternity allowance of the facts which are relevant to the decision on the entitlement of the woman to the maternity allowance;
(g) protect children and adolescents from harmful effects which threaten their proper upbringing;
h) seeking and recommending to the Regional National Committee citizens fit for adoption, guardianship and foster care, and proposing to the appropriate citizens to be trusted with child care;
(ch) cooperate and monitor the effectiveness of protective or educational measures taken by the court or district national committee;
(i) organise the education of citizens for marriage and responsible parenting.
(1) Local National Committee in the Centre Municipality and Urban National Committee
(a) decide:
1. on the provision of cash contributions and assistance in kind;
2. imposing restrictions on minors to prevent harmful effects on their education; 11a)
(b) exercise the prescribed supervision of minors; 11b)
(c) carry out tasks in coordinating the activities of the family and child care bodies in its territory, unless it has established a family and child care committee;
(d) provide citizens with information on the advisory service organised and coordinated by the District National Committee on the provision of advice to spouses, parents with children and pregnant women on matters of marital and family relations, the education of children, the determination of paternity and the provision of assistance in the exercise of the rights and rights of the protected interests of those citizens.
(2) The local national committee in the central community and the municipal national committee, if set up by its family and child care committee,
(a) decide:
1. the warning of a minor, his parents and citizens who undermine his proper education;
2. establishing the supervision of minors,
3. imposing restrictions on minors to prevent harmful effects on their education;
(b) carry out tasks in coordinating the activities of family and child care bodies in its territorial district.
(1) The Municipal National Committee in the cities that are the seat of the regions and the Urban National Committee in other major cities and in major spa cities, which will determine the government11c) (hereinafter referred to as the "City National Committee of the first category"), and the Urban National Committee in the cities that are the headquarters of the counties, and the Urban National Committee in the municipalities of the urban character, which will determine the regional national committee 11d) (hereinafter referred to as the "Urban National Committee of the second category"), decide on the location in the home for mothers with children which it has set up and manages and the reimbursement for services provided in it.
(2) The municipal national committee of the first category also decides on the provision of and remuneration for the care service it provides.
Scope of the regional national committees
(1) National District Committee
(a) decide:
1. where necessary, the immediate placement of the child in replacement education replacing the parent's education for a period of time before the court has given its decision;
2. on appeals against decisions of the Social Commission of the Single Agricultural Cooperatives on the maternity allowance;
3. the provision of cash contributions, aid in kind, loans and care services,
4. the placing of a mother with a child or pregnant women in a home for the mothers with children she manages,
5. Other measures under special regulations, 12)
(b) perform the duties of guardian of minors, 13)
(c) exercise the prescribed supervision of minors, 14)
(d) monitor the development of children who have been placed in the education of citizens other than parents;
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
§ 5a
ČÁST DRUHÁ
§ 6
§ 7
§ 7a
§ 8
§ 9
§ 10
§ 11
ČÁST TŘETÍ
§ 12
§ 13
§ 14
§ 14a
§ 14b
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 21a
§ 22
§ 23
§ 23a
§ 24
§ 25
§ 25a
§ 26
§ 27
§ 28
§ 29
§ 30
§ 30a
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
ČÁST ČTVRTÁ
§ 47
§ 48
ČÁST PÁTÁ
§ 49
§ 50
§ 51
§ 52
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Regulation Information
| Citation | Act of the Czech National Council No. 129 / 1975 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 | 28.11.1975 |
|---|---|
| Effective from | 01.01.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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