Act No. 160 / 1989 Coll.
Act amending and supplementing Act No. 98 / 1987 Coll., on a special contribution to miners
Valid
Effective from 01.01.1990
160
THE LAW
of 13 December 1989
amending and supplementing Act No 98 / 1987 Coll., on a special contribution to miners
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Act No. 98 / 1987 Coll., on a special contribution to miners, is amended as follows:
1. Article 1 to 6 reads as follows:
Mining organisations shall provide a special contribution to miners (hereinafter referred to as the "special contribution ') to mitigate the material and social consequences of the change in employment or the release for public office as a social benefit.
Conditions of entitlement
(1) In order to achieve the maximum allowable exposure or threat to occupational diseases from the previous employment of the first working category in mining with a permanent place of work under the ground in deep-sea mines (1), workers are entitled to a special allowance.
(a) has been transferred to another, less risky, work in underground deep mines;
(b) has been transferred to other work outside the underground of deep-sea mines; or
(c) he has terminated his employment relationship with the organisation in which he was engaged.
(2) A worker shall also be entitled to a special allowance, which has been released from the employment referred to in paragraph 1 for public office after reaching the maximum permissible exposure or the risk of occupational diseases.
(3) A worker who has been employed for at least 15 years in the employment referred to in paragraph 1 shall also be entitled to a special allowance and has reached at least 50 years of age and has ceased to pursue it.
(4) Entitlement to the special allowance shall also be granted to workers who, on account of the implementation of a phasing-out programme approved by the competent government,
(a) transferred from the employment referred to in paragraph 1, in which he has been employed for a total of more than three years, to employment outside the underground of deep-sea mines;
(b) transferred from another category I job in mining carried out under the ground in deep-sea mines, (2) in which he was employed for a total of at least five years, to a job from which no special allowance is due; or
(c) transferred from employment in the first working category in the treatment and final processing of uranium ore, (3) in which he was employed for a total of at least five years, to a job from which there is no entitlement to a special allowance.
The special contribution shall not apply if:
(a) an old-age or invalidity pension shall be paid to the worker and, if the special allowance provided for in Article 2 (1) to (3) is paid, also if it is paid at a higher or equal rate of a partial invalidity pension;
(b) to the worker, the organisation shall pay the wage compensation (4) or the supplement up to the average earnings; (5) However, in addition to the wage compensation or the supplement up to the average earnings, the special allowance shall be payable when the worker receives it on the date on which the entitlement to the wage compensation or the supplement is incurred up to the average earnings;
(c) the worker is not employed for a period of two months; until that time, the period during which sickness payments are paid to the worker or in which he is kept on the national committee record as a candidate for employment shall not be counted; the employment shall be considered as a work activity establishing a pension scheme;
(d) working
1. re-perform the risk work at work referred to in Article 2 (1) if it is for a specific contribution under Article 2 (1) or (2);
2. is employed in the employment referred to in Article 2 (1), if there is a special allowance under Article 2 (4) (a);
3. is employed in a job entitled to a special allowance if it is for a special allowance pursuant to § 2 (3) or § 2 (4) (b) or (c);
(e) the worker has reached the age of 60.
(1) The maximum allowable exposure for work at individual workplaces in underground mines provides for a binding assessment by the competent authority of the sanitary service. The classification of work into risk categories and the monitoring of exposure to individual workers in underground mines shall be carried out by organisations according to this binding assessment.
(2) Less risky work in underground deep mines means work,
(a) which, according to the opinion of the competent authority of the sanitary service, is classified in a category of works not exceeding a low level of risk if it is transferred to achieve the maximum permissible exposure; or
(b) where the worker is not exposed to the risk which has led to the risk of occupational diseases, if it is to be transferred for the risk of occupational diseases on the basis of a medical opinion from the competent authority of the state health administration.
(3) Employment outside the underground of deep mines means employment other than those of the first working category in mining with a permanent place of work under the ground in deep mines 1) and other employment of the first working category in mining carried out under the ground in deep mines .2)
(4) Employment in the first working category shall be evaluated under the conditions laid down in the social security rules for the purpose of providing a specific contribution. 6)
Amount and duration of the special contribution
(1) The amount of the specific contribution shall be, unless otherwise specified,
(a) 1900 CZK per month,
(b) 1500 CZK per month in the cases referred to in Article 2 (1) (a).
(2) The worker referred to in § 2 (4) (a) shall be granted a special allowance of 1900 CZK per month for the period of:
(a) three months if he has been employed for a total of less than five years in the employment referred to in Article 2 (1);
(b) six months if he has been employed for a total of five years in the employment referred to in Article 2 (1); the duration of the special allowance shall be extended by three months for each additional year of employment from which the special allowance is entitled, but not more than 30 months.
(3) The worker referred to in Paragraph 2 (4) (a), who was a shrubber, breaker, raiser or dimmer on the date of his transfer to another employment, shall be granted a special allowance of 1900 CZK per month for the period of:
(a) five months if he has been employed for a total of less than five years in the employment referred to in Article 2 (1);
(b) 16 months if he has been employed for a total of five years in the employment referred to in Article 2 (1); the duration of the special allowance shall be extended by three months for each additional year of employment from which the special allowance is entitled, but not more than 30 months.
(4) A special allowance of CZK 1500 per month shall be granted to the worker referred to in Article 2 (4) (b) and (c) for a period of three months if he has been employed for a total of five years in a job giving rise to a special allowance; the period of grant of the special allowance shall be extended by three months for each subsequent year of employment giving rise to entitlement to the special allowance, but not more than 30 months.
(5) If the special allowance, in addition to the pay compensation or the supplement, falls below the average earnings, it shall be paid in full.
(6) If the special allowance is paid in addition to a partial invalidity pension, it shall be granted at the rate of:
(a) the difference between the two levies if they are for the special allowance provided for in Article 2 (1) to (3);
(b) one half if it is for the special allowance provided for in Article 2 (4).
(7) Where the worker fulfils the conditions for entitlement to the special allowance or, where applicable, to its payment, only for part of the month, or where the amount of the special allowance changes during the month, the amounts referred to in the preceding paragraphs shall be adjusted proportionally; the daily amount of the special allowance shall be one-thirtieth of the monthly amount concerned and the resulting amount of the levy shall be rounded up to the nearest crown.
(8) The Government of the Czechoslovak Socialist Republic may, by regulation, increase the monthly amounts of the special allowance, depending on changes in the wage level or the amount of pension benefits.
Application of entitlement
(1) The entitlement to the special allowance is exercised by the worker in writing with the organisation in which he last worked before the change or termination of his employment pursuant to § 2 of the employment entitled to this social benefit.
(2) The organisation shall, within two months of receipt of the request, notify the applicant in writing of whether or not a specific contribution has been granted; it is required to obtain all necessary supporting documents before examining the application.
(3) The notification of the organisation to grant the special contribution shall include an indication from which time the special contribution is granted, its amount, the reasons for the award and the due date, and, if the special contribution is made pursuant to Paragraph 2 (4), its duration; the notification of the non-recognition of the specific contribution shall include reasons why the specific contribution does not belong. The notice shall always contain a reference to the possibility of recourse to the court. ';
2. in Articles 7, 9, 12, 13 (2), 14 and 17 (1), the word "mining" shall be deleted.
3.
Payment
(1) The specific contribution shall be paid by the organisations referred to in Article 6 (1) a month behind.
(2) In the case of the combined entitlement to the special contribution referred to in § 2 (1) to (3) and to the special contribution referred to in § 2 (4), the special contribution referred to in § 2 (4) shall be paid at the rate of one half of the amounts referred to in § 5 (2) to (4). Only the special allowance to which the entitlement has previously been incurred shall be paid when the special allowance referred to in Article 2 (4) is combined; the duration of the additional special contribution shall be reduced by the period for which the combined entitlements lasted.
(3) The special allowance shall not be paid during the stay of the beneficiary abroad. On return from abroad, the special allowance shall be paid but for a maximum period of one year from the date on which the beneficiary notifies the abroad of the organisation.
(4) The special allowance is not subject to tax. "
4. in § 11 (3) and (4), § 12 and 15, the word "mining" shall be deleted.
5.
"Obligations of beneficiaries and organisations
(1) The beneficiary of the special allowance is obliged to notify the organisation paying him the special allowance within eight days of any change in the facts relevant to the duration of the entitlement to the special allowance, its amount and the payment (Sections 3, 5 and 8 (2) and (3)). If he has failed to fulfil that obligation, or knowingly otherwise has caused the special contribution to be paid unjustly or in an incorrect amount, he shall be obliged to repay the special contribution or part thereof from a date from which it did not belong at all or from which it belonged at a lower rate; where he claims a further special contribution, he shall declare to the organisation for which he applies that entitlement and the fact that he receives a special contribution from another organisation. ';
6. In Paragraph 14, the words "and the period of provision 'shall be inserted after the words" the amount'.
7. In Section 15, the words "ministries of labour 'are replaced by the words" ministries of health'.
8. Paragraph 16 (2) is deleted; at the same time the numbering of the paragraphs is deleted.
9. In Article 17 (1), "mining employment 'is replaced by" employment referred to in Article 2 (1)';
10. The following Section 17a is inserted after Section 17:
For the purposes of compensation for damage caused by accidents at work or occupational diseases, the special allowance referred to in Article 2 (4) shall not be taken into account. ';
1. The special contribution provided for in Paragraph 2 (4) shall be granted where the conditions for granting it have been fulfilled after 31 December 1989.
2. The period of employment before 1 January 1990 from the start of their proven performance shall also be taken into account for entitlement to the special allowance.
3. If the worker has not obtained or ceased to be entitled to a special allowance before 1 January 1990 only because he has been paid a partial invalidity pension, the special allowance shall not be due until 1 January 1990, provided that the other conditions of entitlement are met on that date, at the rate and under the conditions laid down by this law.
The Bureau of the Federal Assembly is hereby authorised to declare in the Collection of Laws the full text of Act No. 98 / 1987 Coll., on a special contribution to miners, as is apparent from the amendments and additions made by this Act.
The decree of the Government of the Czechoslovak Socialist Republic No. 1 / 1989 Coll., on increasing the special contribution to miners is hereby repealed.
This Act shall take effect on 1 January 1990.
CHF
whether or not in place of the President of the Republic pursuant to Article 64 of the Constitutional Law on the Czechoslovak Federation
Kukorov v. r.
1) Paragraph 14 (2) (a) of Act No. 100 / 1988 Coll., on Social Security. Annex No. 2 of the Government Order No. 117 / 1988 Coll., on the classification of employment in the first and second categories of work for pension purposes.
2) Paragraph 14 (2) (b) of the Social Security Act.
3) Paragraph 14 (2) (h) of the Social Security Act.
4) Section 10 of Decree No. 102 / 1987 of the Federal Ministry of Labour and Social Affairs Coll., on the employment and physical security of miners permanently unfit for work. Section 12 et seq. of the Federal Ministry of Labour and Social Affairs of 19 December 1989 on the security of workers in organisational changes and citizens before taking up employment.
5) Paragraph 115 (7) of the Labour Code. Paragraph 10 (6) of Decree No 102 / 1987 Coll.
6) Sections 8, 14, 15 paragraphs 2 to 5 and 16 of the Social Security Act. Government Order No. 117 / 1988 Coll.
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Regulation Information
| Citation | Act No. 160 / 1989 Coll., amending and supplementing Act No. 98 / 1987 Coll., on a special contribution to miners |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.12.1989 |
|---|---|
| Effective from | 01.01.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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