Decree of the Government of the Czechoslovak Socialist Republic No. 142 / 1983 Coll.
Decree of the Government of the Czechoslovak Socialist Republic on the provision of pensions to certain working pensioners
Valid
Effective from 01.01.1984
142
GOVERNMENT REGULATION
Czechoslovak Socialist Republic
of 8 December 1983
on the provision of pensions to certain working pensioners
The Government of the Czechoslovak Socialist Republic orders pursuant to § 169 of Act No. 121 / 1975 Coll., on Social Security, as amended by Act No. 150 / 1979 Coll.:
Provision of old-age and widower's pension for further employment
(1) This Regulation lays down the conditions for the provision of an old-age and widower's pension from retirement pension (insurance) for further employment to an old-age pensioner and a widower's pension who is also paid an old-age pension or who has reached the age of 57 years (the "working pensioner ').
(2) Employment under this Regulation shall mean employment in employment, employment in relation to a member of a production cooperative and a member of a single agricultural cooperative, work carried out under a labour agreement, a service in the armed forces and other activities which, under the Social Security Act (Social Security Act) (hereinafter referred to as "the Law ') or the rules issued under it, are assessed for the creation or amount of pension entitlement.
(1) An old-age and widower's pension is granted unchanged to a pensioner, (2) if he is engaged in a fixed-term employment
(a) worker, 3)
(b) operating and operating personnel, (3) with the exception of senior staff who are principally and consistently different from operating and operating personnel;
(c) a medium, lower and auxiliary health worker in continuous or three-shift facilities in health care organisations and social care facilities, a medium, lower and auxiliary health worker in daycare and microcare, a caregiver and an educator in care facilities for young people.
(2) A working pensioner providing services under the permission of the National Committee4) shall be granted the pension provided for in paragraph 1, even if he has been authorised to provide services for an indefinite period.
(3) A working pensioner shall be granted an old-age and widower's pension at an unaltered rate if he is engaged in fixed-term employment in exceptional circumstances or in one-off social events designated by the Government of the Czechoslovak Socialist Republic for organisations managed by the federal central authorities and for organisations managed by the Central Authorities of the Republic, as well as for organisations and establishments managed or managed by national committees, the Government of the Czech Socialist Republic and the Government of the Slovak Socialist Republic.
(1) An old-age and widower's pension shall be granted to a pensioner without change, (2) if he is employed for a maximum period of one year in a job other than that referred to in Section 2 and his earnings in a calendar year shall not exceed CZK 22 000.
(2) The earnings of a working pensioner are gross income (5), including the remuneration provided under the employment agreement, excluding the contribution paid by the single agricultural cooperative to the partial reimbursement of social security costs. 6) The income of a working pensioner shall be included in the sickness allowance.
(3) The earnings of the working pensioner shall not include the remuneration, premiums and share of the economic results paid retrospectively after the end of the employment in which they are entitled and the income earned in the employment referred to in Section 2.
(1) If, in the employment referred to in Article 3 (1), the old-age pension beneficiary reaches a earnings of more than 22 000 Kčs in a calendar year, the old-age pension shall not be granted to him in that year from the payment of the pension following the calendar month in which the earnings reached that amount.
(2) For widower's pension, if it is the case referred to in paragraph 1, under the relevant provisions of the Act (7), the payment of the pension following the calendar month in which the earnings amounted to 22 000 CZK.
(1) An old-age pension beneficiary who is not entitled to a pension under Paragraph 4 shall be entitled to an old-age pension 8) from the date of the instalment from which the pension is not granted.
(2) The old-age pension beneficiary, who has chosen the place of payment of the pension to increase the pension entitlement, shall be entitled to an old-age pension increased as from the date on which the pensioner was appointed.
An old-age pension under this Regulation shall be paid even if the pensioner is entitled to sickness benefit.
Common provision
General rules shall apply to the obligation to keep records and report to pension authorities 9) and to liability for failure to fulfil the reporting obligation and for wrongful pension taking10).
Transitional provisions
(1) An organisation which, after 31 December 1983, is employed by a working pensioner who does not fulfil the conditions laid down in § 2 or § 3 (1) or an orphan of an orphan's pension shall notify the competent pension authority of this fact by 10 January 1984.
(2) The payment of the old-age (orphan's) pension in these cases ends in the payment of the pension due in January 1984. Widows' pensions will be reduced as from 1 January 1984 for co-operation with income from gainful activities under Section 39 of the Act.
(3) Working pensioners who, under the arrangements applicable until 31 December 1983, paid old-age and widower's pensions at a reduced rate of 11) and who, after 31 December 1983, fulfil the conditions for the payment of the pension unchanged under this Regulation, the amount of the pension shall be adjusted as from 1 January 1984 on request.
Final provisions
Order of the Government of the Czechoslovak Socialist Republic No 135 / 1975 Coll., on the exceptional provision of pension to certain working pensioners, as amended by the Government of the Czechoslovak Socialist Republic No 71 / 1978 Coll. and the Government of the Czechoslovak Socialist Republic No 163 / 1979 Coll.
This Regulation shall enter into force on 1 January 1984.
Dr Strougal v. r.
1) Act No. 121 / 1975 Coll., as amended by the legal measure of the Bureau of the Federal Assembly No. 76 / 1979 Coll., Act No. 150 / 1979 Coll., the legal measure of the Bureau of the Federal Assembly No. 7 / 1982 Coll., Act No. 73 / 1982 Coll. and Act No. 116 / 1983 Coll.
2) The amount after the adjustment provided for in Sections 65 and 66 of the Act.
3) The terms "worker" and "operating and operating worker" were defined by the Federal Statistical Office under Decree No. 129 / 1971 Coll., on the establishment and use of a uniform classification of employment and a uniform classification of fields of study and teaching (classes 1 to 5 of the uniform classification of employment).
4) Decree of the Government of the Czech Republic No. 154 / 1982 Coll., on the provision of services to citizens by permission of the National Committee. Decree of the Government of the SSR No 158 / 1982 Coll., on the provision of services to citizens on the basis of the permission of the National Committee.
5) § 14 et seq. of Decree No. 128 / 1975 Coll., implementing the Social Security Act, as amended.
6) Article 101 of the Law.
7) Articles 39 and 57 (4) of the Act.
8) Sections 21 and 22 of the Act.
9) Articles 61 (1) and (2) and 111 of the Act. § 151 et seq. of Decree No. 128 / 1975 Coll., as amended by Decree No. 164 / 1979 Coll., Decree No. 141 / 1983 Coll. and Decree No. 144 / 1983 Coll.
10) Articles 62 (2) and 112 and 113 of the Act.
11) Articles 2 (1) (b) and 4 (1) of Decree of the Government of the Czech Republic No 135 / 1975 Coll., on the exceptional provision of pensions to certain working pensioners, as amended (full version No 11 / 1980 Coll.).
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Regulation Information
| Citation | Decree of the Government of the Czechoslovak Socialist Republic No. 142 / 1983 Coll., on the provision of pensions to certain working pensioners |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.12.1983 |
|---|---|
| Effective from | 01.01.1984 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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