Government Decree No. 135 / 2009 Coll.
Government Regulation granting a one-off contribution to mitigate certain injustices caused by the Communist regime
Valid
Regulation
Effective from 01.01.2010
135
GOVERNMENT REGULATION
of 27 April 2009
providing a one-off contribution to mitigate certain injustices caused by the Communist regime
The Government orders pursuant to § 8 of Act No. 198 / 1993 Coll., on the illegality and resistance of the Communist regime:
(1) National citizens of the Czech Republic who have been entitled to compensation under Article 23 (1) (a) of Act No. 119 / 1990 Coll., on judicial rehabilitation, as well as national citizens of the Czech Republic who have been granted compensation for illegal deprivation of liberty during the period 25 February 1948 to 29 December 1989 under other legislation1) are entitled to a one-off allowance as compensation for the holiday salary to which they would have been entitled if they were in a proper employment relationship (hereinafter referred to as "contribution").
(2) National citizens of the Czech Republic who have been included in the road banners of the groom's army, auxiliary technical banners and military bays (hereinafter referred to as "forced labour military camp") are also entitled to the allowance provided for in Section 18 (1) of Act No. 87 / 1991 Coll., on out-of-court rehabilitation, as amended by Act No. 267 / 1992 Coll. and Act No. 78 / 1998 Coll., where they have been granted a special contribution to the pension in accordance with Article 8 (1) of Act No. 198 / 1993 Coll., on the illegality and resistance to the Communist regime, as amended by Act No. 220 / 2011 Coll.3).
(3) The person referred to in paragraph 2 who has been awarded a contribution pursuant to paragraph 1 or 2 shall be entitled to the grant for the period of inclusion in the technical battalion, provided that the inclusion in the technical battalion was directly linked to the inclusion in the forced labour military camp. the contribution for the period of inclusion in the technical battalion does not belong to the month for which the contribution has already been granted for the period of inclusion in the military forced labour camp.
(4) The allowance is set at CZK 1,800 for each month of detention, imprisonment, other illegal deprivation of liberty or inclusion in a military camp forced by labour or in a technical battalion.
(1) The Ministry of the Interior shall decide on the entitlement to the payment of the contribution on the basis of a written request from the person referred to in Paragraph 1 (1), which shall accompany the application with documents certifying its entitlement. The application may be lodged by 31 December 2011 at the latest, otherwise entitlement to the payment of the allowance shall cease.
(2) The Ministry of the Interior shall decide on the entitlement to the payment of the contribution on the basis of a written request from the person referred to in Paragraph 1 (2), which shall accompany the application with documents certifying its entitlement. The application may be lodged no later than 31 December 2013, otherwise entitlement to the payment of the allowance shall cease.
(3) The Ministry of the Interior shall decide on the entitlement to the payment of the contribution referred to in Article 1 (3) upon a written request from the person referred to in Article 1 (3), which shall accompany the application with documents certifying his entitlement. The application may be lodged by 31 March 2015 at the latest, otherwise entitlement to payment of the allowance shall cease.
(4) The grant shall be paid within 30 days of the date on which the decision granting the entitlement becomes final.
The right to claim payment shall not be passed on to the heirs of the persons referred to in § 1 (1), (2) or (3); this shall not apply if the widow of a citizen of the Czech Republic fulfils the conditions laid down in § 1 (2) whose application for a contribution referred to in § 1 (1) has been rejected and, in the case of an application for payment of a contribution pursuant to § 1 (3), the widow of the Czech Republic has been granted a contribution pursuant to § 1 (1) or 2.
This Regulation shall enter into force on 1 January 2010.
Prime Minister:
Ing. Topolánek v. r.
Minister of Interior:
MUDr. Mgr. Langer v. r.
1) For example Act No. 82 / 1968 Coll., on Judicial Rehabilitation, as amended.
2) Article 5 of Act No. 357 / 2005 Coll., on the award of participants in the national struggle for the creation and liberation of Czechoslovakia and certain survivors of them, on the special contribution to the pension of certain persons, on the lump sum of certain participants in the national struggle for liberation between 1939 and 1945 and on the amendment of certain laws, as amended.
3) Government Decree No. 102 / 2002 Coll., on the payment of one-off financial compensation to mitigate certain injustices caused by the Communist regime to persons assigned to military forced labour camps.
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Regulation Information
| Citation | Government Decree No. 135 / 2009 Coll., providing a one-time contribution to mitigate certain injustices caused by the Communist regime |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.05.2009 |
|---|---|
| Effective from | 01.01.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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