Government Decree No. 131 / 1950 Coll.
Regulation implementing the Law on social security for persons called upon to serve in the armed forces and their family members
Valid
Effective from 16.09.1950
131.
Government Regulation
of 29 August 1950
implementing the Law on social security for persons called upon to serve in the armed forces and their family members.
The Government of the Republic of Czechoslovakia orders pursuant to § 2 (2) and § 3 (a), § 5 (1), § 6 (2), § 7 (3), § 11 (1), § 14 (1), § 15 (4), § 16 (2), § 17 (1) and (3), § 18 (1) and § 20 (2) of Act No. 64 / 1950 Coll., on the social security of persons called for military service and their family members (hereinafter "the Act '):
General provisions and scope of validity.
Initial provision.
Social security under this Regulation shall be provided to persons called upon to serve in the armed forces (hereinafter referred to as "persons called ') and to their family members in such a way that the persons called on can fully devote themselves to this ultimate civic duty.
Military service.
In accordance with Article 2 (2) of the Law, military services are:
1. basic service (§ 27 of Law No. 92 / 1949 Coll.),
2. replacement service (§ 28 of the same Act),
3. another service (§ 37 of the same law),
4. military exercises (§ 39 of the same law),
5. emergency service outside the period of the state's armed emergency (§ 46 (1) of the same Act) and emergency service at the state's armed emergency (§ 47 (1) and § 49 (2) of the same law),
6. special service excluding special service of members of the National Security Corps (§ 46 (2) of the same Act); and
7. personal actions for the need for defence power (§ 45 of the same law).
Family members.
(1) A member of the family shall be regarded as a member of the law and of this Regulation, except in part four, if they live in a common household with the person called:
(a) spouse;
(b) a spouse (species), if the person called does not have a spouse (spouse), lives with the spouse (species) in the common household on a day fixed for the service of at least 6 months, or if the spouse is born of a child whose father is the person called, and if it is possible from the current way of living both of them to judge on their lasting coexistence;
(c) children own, own and adopted up to the end of the 16th year;
(d) children aged 16 to 25 years, if they are constantly preparing for the future occupation by studying or other training (training);
(e) children with no age limit, if they are unable to obtain nutrition or receive family allowance, child allowance or education for physical or mental defects.
(2) The members of the family referred to in paragraph 1 shall also be deemed to be members of the family if the person called is obliged to provide them with a contribution to the payment of their personal needs or if they are substantially dependent on such a contribution,
(a) parents, grandparents, persons who cared for the person called as parents, father-in-law, mother-in-law,
(b) children entrusted to the person called for care as a substitute for the care of parents, siblings and grandchildren, under the conditions laid down in paragraph 1 (c) to (e), if they live for at least 6 months on the day fixed for entering the service with the person called for the common household;
(c) the nurse or the daughter of the person called upon, if the household and her live with her on the day on which she is appointed for a household service of at least 6 months;
(d) a wife (husband) divorced or, in accordance with the previously applicable rules, separated or divorced if she is entitled to claim payment of personal needs from the person (s) to be called.
(3) The requirement of a common household shall be deemed to be fulfilled, even if spouses, children or parents live separately for serious reasons, in particular for the performance of military service, the education of children, housing distress or health, economic or educational reasons.
Military sickness care and national insurance.
Entitlements of certain persons called upon.
(1) Persons acting
(a) a special service, excluding the service of members of the National Security Corps in the military (Section 46 (2) of the Defence Act); and
(b) personal acts for the need for defence power (§ 45 of the same Act);
which, on the day prior to the date of entry into service, have been compulsorily insured in the event of sickness and maternity under the National Insurance Act, subject to the provisions of Section 12, remain compulsorily insured in the case of sickness and maternity to the current extent; Section 14 applies to the payment of national insurance premiums. Benefits of the same type and to the same extent are provided by the Central National Insurance Corporation and by persons who have ceased to have compulsory sickness insurance before the service is started in a protective period under Section 4 of the Act. If the persons referred to in the previous sentences are provided by military administration during their illness with full provision, they shall not be entitled to sickness benefits under the National Insurance Act. Otherwise, they are entitled to a flat-rate allowance of 50 CZK per day.
(2) Persons carrying out any of the services referred to in paragraph 1 which were not compulsorily insured in accordance with the National Insurance Act in respect of sickness and maternity shall be provided by the Central National Insurance Agency in accordance with § § § 27 and 28 of the same Act, maternity assistance under § 32 and death grants under § § 49 (3). Within 3 months of the date of entry into service, the Central National Insurance Corporation shall provide those persons with the other benefits in kind of national sickness insurance referred to in Section 26 (2) of the National Insurance and Reinsurance Act and the birth insurance scheme provided for in Section 44 (1) of the National Insurance Act.
(1) The military administration may decide that some of the persons referred to in Article 11 are involved in military sickness care. Such a measure shall be taken by military administration in particular for persons who cannot receive benefits in kind from national sickness insurance for specific circumstances arising from the nature of the services concerned.
(2) Persons on whom the military administration has taken action under paragraph 1 are not entitled to national sickness insurance benefits for as long as they are involved in military sickness care. Instead of being sick, the military administration can provide them with financial assistance.
(3) The measure referred to in paragraph 1 may be withdrawn only if the persons concerned can receive benefits in kind from national sickness insurance.
(4) The military administration shall, as far as possible, inform the relevant district national insurance undertaking of the measures taken pursuant to paragraphs 1 and 3.
Entitlements of certain family members.
(1) The members of the family of the persons referred to in Article 11 (1) shall be provided by the Central National Insurance Agency to the extent that the national sickness insurance is available. However, if the members of the family receive a provision allowance, they do not have support in the constitutional treatment provided for in Article 45 (1) of the National Insurance Act, which would otherwise be due to them for that period of time.
(2) The members of the family of the persons referred to in Article 11 (2) shall be provided by the Central National Insurance Corporation for non-constitutional and constitutional treatment pursuant to Sections 27 and 28 of the National Insurance and Maternity Assistance Act pursuant to Section 32 thereof. On the expiry of 3 months from the date of entry into service, the Central National Insurance Corporation shall provide those family members with other national sickness insurance benefits, belonging to the family members, excluding support for the constitutional treatment provided for in Article 45 (1) of that Law.
(3) The provisions of paragraphs 1 and 2 also apply if the persons referred to in § 11 become involved in military sickness care under § 12.
Insurance.
The persons referred to in Section 11 (1) shall not be subject to national insurance.
Efficiency and execution.
This Regulation shall enter into force on the day of its publication; They shall be carried out by labour and social security ministers, internal, financial, justice and national defence ministers in agreement with the participating members of the Government.
Zaporocký v. r.
Dr Cap v. r.
Nosek v. r.
Cable v. r.
Dr Rais v. r.
Erban v. r.
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Regulation Information
| Citation | Decree of the Government No. 131 / 1950 Coll., implementing the Act on Social Security of persons called upon to serve in the armed forces and their family members |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.09.1950 |
|---|---|
| Effective from | 16.09.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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