Decree No. 151 / 1960 Coll.
Decree on the organisation and competence of social security assessment committees
Valid
Effective from 25.10.1960
151
GOVERNMENT DECLARATION
of 12 October 1960
on the organisation and competence of social security assessment committees
The Government of the Czechoslovak Socialist Republic provides pursuant to § 45 of Act No. 65 / 1960 Coll., on National Committees, and for the implementation of § 53 (4) of Government Decree No. 71 / 1960 Coll., on the extension of the powers and responsibilities of the National Committees and on the organisation and activities of their bodies:
Establishment of assessment committees
Regional, district and similar national committees shall set up opinion boards as a narrower committee in the case of social security committees and shall assign them to decide whether the state of health or the working capacity of the person concerned justifies the provision of social security benefits (insurance services, arrangements) as well as the fulfilment of other tasks of the existing social security assessment committees.
Election of members of commissions
(1) The Chairman and the other members of the Committee on Assessment are elected and removed by the National Committee. The President shall be elected from among the members of the National Committee who are members of the Social Security Commission.
(2) Members of the Assessment Committees shall be subject to the provisions of Decree-Law No 66 / 1960 Coll., on the modification of certain ratios of Members of the National Committees and of citizens elected to members of the Commissions of the National Committees; the chairmen of the assessment committees shall be subject to the provisions of this Regulation applicable to members of the Board of National Committees who are fully relieved of their duties.
The National Committee shall elect for the members of the assessment committees:
(a) Members of the National Committee;
(b) social security assessors and other medical practitioners of the Ministry of the Interior,
c) Deputy - Officer of the Revolutionary Trade Union Movement on the proposal of Regional (Regional) Trade Union Councils,
(d) members of single agricultural cooperatives with joint management on a proposal from the Committee on Agriculture,
(e) representatives of production cooperatives on the proposal of regional associations of production cooperatives;
(f) representatives of the armed forces, on a proposal from the District and Regional Military Administrations, and if they are representatives of the Armed Corps of the Ministry of Interior, on a proposal from the Regional Administrations of that Ministry,
(g) the staff of the National Committee's Social Security Department.
Composition of commissions
(1) The Board of Appeal shall act and act with the participation of the President and at least four other members, at least two of whom are doctors, one of whom is the head doctor of the social security assessment service, a social security officer and a representative - an official of the Revolutionary Trade Union Movement, if the employee or his family member is assessed; Where a cooperative or a member of the armed forces is assessed, a member of the commission who is considered to be in the field of activity shall attend the meetings.
(2) If a minor is assessed, a doctor responsible for the care of the young person shall attend the hearing as a member of the panel. Where a member of the armed forces is assessed as a member of a pension scheme under the special provisions for the armed forces, and not only for a check-up of the pensioner, the doctor of the armed forces shall participate.
(1) In order to be able to participate in the meetings of the evaluation committee, the ROH racing committee of the organisation (undertaking, plant) in which the candidate is or has been employed may be invited. If the race committee so requests, its representative shall be invited. Similarly, as a race committee, the Board of Directors of the Single Agricultural Cooperative or Production Cooperative is invited to attend the meeting of the Board of Directors of the Joint Agriculture Cooperative, if it is to assess the health status of their member. The treating physician of the assessed or local national residence committee shall also be invited if they so request. Other workers may also be invited to help clarify serious circumstances. Invitations who are not members of the committee have only an advisory vote.
(2) Persons who, at their invitation, take part in the deliberations of the Advisory Committee shall have the same rights as members of the Committee in respect of all the benefits they have missed as a result of their participation and for the reimbursement of the necessary expenses incurred by them. The reimbursement of the necessary expenses shall be provided and paid to civil servants by their personal offices and other persons by national committees.
Scope of commissions
(1) County Assessment Committees give decisions
(a) invalidity (partial invalidity), helplessness and medical condition in all cases where the provision of pension benefits (insurance, provision) depends on health status;
(b) the need for permanent reassignment of staff members for other work or job changes for health reasons, unless they are members of the armed forces and of the Security Corps of the Ministry of the Interior;
(c) whether it is a person with altered working capacity;
(d) the obligation of establishments to hire a person with an altered capacity for work;
(e) whether the plant may unbind an employment relationship with an employee who enjoys special protection in the unbundling of employment relationships in accordance with the rules on the care of persons with altered working capacity;
(f) the admission and dismissal of a person with an altered working capacity to and from the training course or training centre, as well as the amount of the fee for provision at the training centre;
(g) the physical security of persons with altered working capacity and their family members;
(h) granting exceptional benefits to persons permanently severely injured;
(ch) for the provision of spa care to unemployed pensioners, members of uniform agricultural cooperatives insured under a contract of B or C and artists insured under Decree No. 50 / 1960 Coll., as well as their family members.
(2) Regional Assessment Committees submit comments (opinions, proposals)
(a) the provision of sick leave after the end of the period of support;
(b) measures for the restoration of working capacity, the suitability of further treatment or measures for appropriate aids and the appropriate adjustment of working conditions at the premises;
(c) whether degeneration is a causal link to the accident at work and whether it impedes the life-cycle of the victim;
(d) whether the reduction in earnings is due to a labour accident (occupational disease) from the point of view of the damage caused by the accident at work;
(e) the appropriate professional use of a person with altered working capacity, taking into account his or her health status, professional qualifications and career preparation options;
(f) the location of more severe disabled persons and persons with altered working capacity at the premises of the Czechoslovak Union of Disabled Persons;
(g) measures to prevent invalidity on the basis of an analysis of its development and the causes and experience of decision-making;
(h) other health issues relating to the implementation of social security.
(3) The County Assessment Committee has been involved
(a) in the selection of posts for persons with altered working capacity and in the rehabilitation and reeducation of such persons;
(b) on the supervision of the implementation of social security, in particular in the supervision of establishments (establishments of the Union of Czechoslovak Disabled Persons), whether the employment of persons with altered working capacity (heavy disabled persons) and the working conditions under which they carry out them have no adverse effect on their health and on the supervision of the establishments of the Union of Czechoslovak Disabled Persons in principle employ only heavier disabled persons.
Regional Assessment Committees
(a) decide on the appeal pending the decision of the Regional Assessment Committees;
(b) submit comments (opinions, proposals) on health issues relating to the implementation of social security.
The competent decisions of the assessment committees are binding on the authorities which decide on social security benefits (insurance, provision).
Meetings of commissions
The medical findings needed for the deliberations of the District Assessment Board are provided in principle by the physician who treated the treated; if it is an occupational disease, the doctor submits the findings to the occupational disease department of the relevant national health institute (clinic). If there is a determination of invalidity (partial invalidity) or a permanent transfer to another job or a change of employment for medical reasons, the medical finding of the treating physician or, where appropriate, of the professional practitioners shall be submitted after examination by the relevant medical advisory board (competent medical committee). Medical members of the Assessment Board, who work consistently closely with the Medical Advisory Councils, check the accuracy of this finding and investigate the findings again at the meeting of the Review Board. They are responsible for the health assessment and express in particular whether there has been a deterioration of the state of health in the case at hand, as the disability (partial disability) presupposes, or whether there has been a change in working capacity. The medical findings required for the deliberations of the Regional Assessment Board shall be submitted by a medical member of that Committee; at the meeting of this Commission, its medical members shall investigate again.
Where the chairman of the assessment committee or of the lead physician of the assessment service which is a member of the panel has serious doubts as to the accuracy of the decision of the assessment committee to be issued, he may propose that they be examined by the social security committee in which that assessment committee is set up; If the health assessment is carried out by a district assessment committee, the social security committee shall request the opinion of the opinion committee set up by the relevant regional national committee and shall base its decision on that opinion. The Social Security Commission of the Regional National Committee is based on the opinion of the members of the Regional Assessment Committee on health issues.
Jurisdiction of commissions
(1) The competence of the assessment committee shall be governed by the place of permanent residence of the appraised; However, if the assessment committee meets in the race of the last job considered, it shall be responsible.
(2) If a member of the Security Corps of the Ministry of the Interior is assessed and not just for a check-up of the pensioner, he shall be responsible for the assessment committee at the place where the Medical Commission of the Ministry of the Interior is established.
Preparation of negotiations. Synergy of health facilities
(1) The Social Security Department prepares the documentation for the meetings of the Assessment Board for the cooperation of health care institutions, the Ministry of Education and Culture, the Ministry of Transport and Communications, as well as the armed forces and the Security Councils of the Ministry of Interior. The medical documentation required shall be issued by medical establishments or by individual doctors directly, provided that the head of the medical establishment has given his consent.
(2) The Social Security Department will give the opinion of the ROH racing committee of the organisation (undertaking, plant) in which the subject is or has been employed, or the report of the local (district) national committee concerned, on the work ethic and merits of the assessment, in due time for the hearing. Representatives of the Revolutionary Trade Union Movement (Cooperatives, Armed Forces) will obtain information on the social situation of the persons under consideration before the meeting.
(3) No later than 5 days before the meeting of the Panel, the members of the Panel shall be served an invitation, indicating the cases to be discussed, and within the same time limit, the members of the Board may meet with the Social Security Department of the National Committee responsible, containing all the written material relating to such cases.
(4) Assessment committees shall meet in public health institutions and in large and medium-sized establishments where they have the necessary medical equipment.
Communication of the decision
The decision of the panel shall be communicated orally if the hearing is present; a written decision shall be delivered to it as soon as possible and within 3 days at the latest. The period for appeal shall begin after receipt of the written decision.
Transitional provisions
(1) Social security authorities which have so far decided on social security benefits and services on the basis of the opinions of the present assessment committees may take as the basis of their decision opinions issued under the current rules. However, if those authorities have doubts as to the correctness of such an assessment and it is not possible to remove such doubts from the assessment panel which submitted the assessment or if an appeal is made against a dose decision given on the basis of such an assessment, they shall submit the opinion to the Regional Assessment Committee for review and decision.
(2) The Court of First Instance which decides on the appeal shall take as the basis of its decision an opinion issued under the existing rules if it agrees to the judgment; otherwise send an opinion to the Regional Assessment Committee for review and decision.
(3) Measures taken in accordance with the provisions of this Order before the beginning of its effectiveness shall be deemed to have been implemented under it.
Final provisions
(1) Decree No 92 / 1958 of the Ú. l., on the organisation and activities of social security assessment committees, and the Rules of Procedure for these commissions *) are hereby repealed.
(2) Regulation No 96 / 1952 of the Minister of Justice, Coll., providing for derogations in the evidence of an expert in certain matters of national insurance, is hereby repealed.
(3) This decree shall take effect from the date of its publication.
Broad v. r.
*) Official notice of 74 / 1958 Ú. l.
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Regulation Information
| Citation | Decree No. 151 / 1960 Coll., on the organisation and competence of Social Security Assessment Committees |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.10.1960 |
|---|---|
| Effective from | 25.10.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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