Act No. 161 / 1968 Coll.
Law on Special Admission to Benefits, Changes in Pension Security of Resistance Participants and Certain Other Changes in Social Security
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Effective from 01.01.1969
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161
THE LAW
of 19 December 1968
concerning the special addition to benefits, the changes in pension insurance for resistance participants and certain other changes in social security
The National Assembly of the Czechoslovak Socialist Republic decided on this law:
Amendments to the Social Security Act
Act No. 101 / 1964 Coll., on Social Security, as amended by Act No. 89 / 1968 Coll., is amended as follows:
1. Paragraph 1 (1) (e) reads as follows:
"(e) combatants against fascism, victims of war and fascist persecution in times of unfreedom, as well as participants in liberation fights during the First World War (" resistance participants ") and participants in preparation to defend the Czechoslovak Socialist Republic, unless they are secured under other regulations. †)
2. in Paragraph 1 (1) (1) (g), the word "journalists" shall be inserted after the word "scientists."
3. in Articles 13 (4) and 23 (4), at the end of those paragraphs, part of the sentence after the semicolon shall be deleted.
4. In Article 18 (1) and Article 101 (1), the following sentence is added to the new line:
"A proportion exceeding those scales shall be determined only in respect of the increase in the old-age pension for the period of employment after entitlement to that pension has been established; the pension, together with this increase and any other pension pension (insurance), may not, however, exceed 2500 CZK per month. ';
Article 18 (5) reads as follows:
"(5) If the old-age pension is the sole or main source of nutrition for the pensioner,
(a) an old-age pension shall be calculated by an amount of at least 445 CZK per month and, if a member of the family of the pensioner is also referred to the pension, by an amount of at least 645 CZK per month; if this family member is a spouse who has a pension, the old-age pension shall be calculated in such a way that, together with the pension belonging to the spouse, he does not amount to less than 750 CZK per month. The old-age pension at the lowest rate according to the previous sentence shall be measured even above 90% of the average monthly earnings (paragraph 4);
(b) the old-age pension may be assessed at the lowest rate in accordance with Article 16 (2) above 90% of the said average monthly earnings. "
6. Paragraph 28 (4) reads as follows:
"(4) If the invalidity pension is the sole or main source of nutrition of the pensioner,
(a) the invalidity pension shall be calculated by an amount of at least 445 CZK per month, and, where a member of the family of the pensioner is also dependent on the pension, by an amount of at least 645 CZK per month; if this family member is a spouse who has a pension, the invalidity pension shall be calculated in such a way that, together with the pension belonging to the spouse, it does not amount to less than 750 CZK per month. Invalidity pension at the lowest rate according to the previous sentence shall be measured even above 90% of the average monthly earnings (paragraph 3) also for a worker over 20 years of age;
(b) an invalidity pension of at least CZK 445 per month, to which no member of the family is referred, may be awarded up to a maximum of CZK 645 per month, but not more than 90% of the said average monthly earnings. "
7. In Paragraph 31 (3), the following sentence is added:
"If the widow's pension is the sole or main source of the widow's nutrition, the amount shall be at least 445 CZK per month. '
8.
Co-operation of the widow's pension with income from the gainful activity
(1) If the widow is employed, the widow's pension shall be reduced by half the amount by which the total of the widow's pension and gross income from the gainful activity exceeds the sum of CZK 1500 per month.
(2) A widow's pension is not reduced to a employed widow
(a) for a period of one year from the death of the spouse; or
(b) if the widow takes care of at least one child (§ 11 (4)). "
9. Paragraph 37 (2) reads as follows:
"(2) Social pension is granted up to a maximum of 445 CZK per month; if they fulfil the conditions for a social pension, both spouses (type and mate) shall be entitled to a common social pension up to a maximum of 645 CZK per month. ';
10. in Paragraph 41 (1), paragraph (a) shall be deleted; as a consequence, in the same paragraph, the words "(b) 'shall be deleted from the additional provision (b) and in paragraph 2 (a) shall be deleted.
11. In Paragraph 45 (2), the amount of 200 CZK shall be increased to 500 CZK.
12.
"(3) If the spouse, an elderly relative, spouse of a soldier or spouse of a soldier has another income from a gainful activity and does not care for the child (§ 11 (4)), the provision allowance shall be reduced by half the amount by which the total of the provision allowance and gross income exceeds a monthly amount of 1500 CZK. ';
13. In the second sentence of Paragraph 64 (1), the present citation "§ 18 (1), § 28 (1), § 101 (1), § 103 (1)" is added at the end of the citation "§ 107g (1)."
14.
"(1) The provisions of Part One, Part One, Part Four, Five and Eighth of this Act shall apply mutatis mutandis to the social security of professional soldiers and members of the Security Corps, unless otherwise specified. '
15. In Paragraph 100 (3), part of the sentence after the semicolon is deleted.
16. After the seventh part of the Act, the following part 8 is inserted:
Pension security of resistance participants
Preliminary provisions
The provisions of this Law shall apply to pension insurance for the members of the Resistance and their survivors, unless otherwise provided for in this Part.
Groups of resistance participants
(1) The participants in the resistance who fulfil the conditions laid down by Act No. 255 / 1946 Coll., on the members of the Czechoslovak army abroad and on certain other participants in the national struggle for liberation, or Act No. 462 / 1919 Coll., on the lending of seats to legionnaires, as amended by Act No. 196 / 1946 Coll., are to be classified in the following four groups for pension purposes:
1. members of the resistance shall be assigned to Group I;
(a) whose resistance activity lasted at least four years if at this time at least six months
- conduct field service in armed services, or
- were imprisoned for reasons of fascist persecution,
(b) who have served for at least two years in the field in armed services;
(c) who were performers or parachutists thrown or planted at the back of the enemy;
(d) who have died in combat or at the time of imprisonment for reasons of fascist persecution, or have become wholly (partly) disabled in the circumstances referred to, if such invalidity persists on the date on which the entitlement to the pension was acquired; or
(e) whose resistance activity lasted continuously from 1939 until liberation;
2. the resistance participants shall be assigned to Group II;
(a) whose resistance activity lasted at least two years if at this time at least three months
- conduct field service in armed services, or
- were imprisoned for reasons of fascist persecution,
(b) who have served in armed forces for at least six months; or
(c) whose resistance activity has lasted at least four years if they do not fulfil the conditions for inclusion in the first group;
3. participants in the resistance shall be assigned to group III;
(a) who were members of armed forces or were imprisoned for reasons of fascist persecution; or
(b) whose resistance activity lasted at least a year if they do not fulfil the conditions for inclusion in the I or II group;
4. the resistance participants shall be assigned to the IV group;
(a) whose resistance activity lasted for less than one year; or
(b) who were involved in the uprising in May 1945, *) unless they fulfil the conditions for inclusion in the I, II or III group.
(2) The participants of the anti-war revolt during the First World War are included in the Fourth Group of the Resistance.
Average monthly earnings
If a member of the resistance has changed his previous employment for the health damage suffered by the resistance, his average monthly earnings for the calculation of the pension shall be collected, if more favourable to him, from the earnings achieved by the equally qualified health professional workers previously engaged in the resistance.
Age required for entitlement to full retirement pension
(1) The age required for entitlement to the full retirement pension of the resistance participant I and II shall be determined by deducting one year from the age of 60 for the male and 55 for the female for each starting year of the resistance activity; However, the required age shall be at least 55 for the male and 50 for the female, if she is a member of resistance I of the group, and at least 57 for the male and 52 for the female, if she is a member of resistance II of the group.
(2) The age required for entitlement to the full retirement pension of a member of the resistance group III, who has been imprisoned for at least six months because of fascist persecution, is 59 for a man and 54 for a woman.
(3) The age required to qualify for the full retirement pension of the resistance participant shall be 55 years if the provisions of the preceding paragraphs are not more favourable to it.
(4) If other provisions of this Law on the age needed for entitlement to a full retirement pension are more favourable, these other provisions shall apply.
Age required for entitlement to a proportional old-age pension
(1) The age required for entitlement to the proportional retirement pension of the resistance party in the first and second groups shall be determined by deducting from the age of 65 one year for each starting year of the resistance activity; However, the required age shall be at least 60 years if it is a member of the resistance group I and at least 62 years if it is a member of the resistance group II.
(2) The age required for entitlement to a proportional old-age pension of a member of the resistance group I and II who has been employed for at least 20 years (Paragraph 12 (2)) shall be determined by deducting from the age of 60 one year for each starting year of the resistance activity; However, the required age shall be at least 55 years if it is a participant in the resistance of the I group and at least 57 years if it is a participant in the resistance of the II group.
(3) The age required to qualify for a proportional retirement pension for a group III resistance participant who has been imprisoned for at least six months for reasons of fascist persecution is 64 years, and for a woman who has been employed for at least 20 years, 59 years.
(4) The age required to qualify for a proportional old-age pension for a member of the resistance who has been employed for at least 20 years shall be 60 years, unless the provisions of the preceding paragraphs are more favourable to her.
Amount of old-age and invalidity pension
(1) The basic scope of the full retirement and invalidity pension (§ 23 (1), § 102 (1)) is for the resistance participant:
| skupiny | |
|---|---|
| I. | 60 % |
| II. | 55 % |
| III. a IV. | 50 % |
average monthly earnings.
(2) Paragraphs 13 (2), 23 (2) and 100 (2) apply with regard to the fact that the percentage increase in the base rate for each year of employment belongs to the resistance of the I and II group from the 21st year of employment.
(3) The old-age and invalidity pension (§ 23 (1), § 24 and § 102 (1)) of the resistance participant shall be increased for each year of resistance activity.
| skupiny | měsíčně o Kčs |
|---|---|
| I. | 120 |
| II. a III. | 100 |
| IV. | 80 |
(4) The old-age and invalidity pension is at the date on which the right to the pension is acquired
(a) no more than 70% of the average monthly earnings, if they are a participant in resistance group II,
(b) not more than 60% of the average monthly earnings, if they are a participant in resistance III and IV;
where other provisions of this Act are not more favourable to it; If there is a member of the resistance group I, the amount of the pension is not so limited.
(5) An increase exceeding the 70% limit, or 60% of the average monthly earnings referred to in the preceding paragraph, in paragraphs 13 (4), 23 (4) and 100 (3), is only applicable if the pension is increased in accordance with paragraph 3.
(6) An invalidity (partial invalidity) pension of a resistance participant whose invalidity (partial invalidity) arose in connection with a resistance activity is assessed in accordance with the provisions on invalidity (partial invalidity) pension in an accident at work (§ 26); Paragraph 20 (1) does not apply here. Paragraph 40 (3) shall apply mutatis mutandis.
Maximum and lowest area of old-age and invalidity pension
(1) The old-age and invalidity pension of the resistance participant, together with any other pension pension pension (insurance), must not exceed 2500 CZK per month
(2) An old-age and invalidity pension shall be at least equal to the age of the Resistance.
| skupiny | měsíčně Kčs |
|---|---|
| I. | 1400 |
| II. | 1200 |
| III. | 1000 |
| IV. | 800 |
(3) The lowest amount of the partial invalidity pension is half of the lowest amount of the invalidity pension.
(4) The old-age and invalidity pensions amount to a maximum of 100% of the average monthly earnings not limited in accordance with Article 9 (3) and less an amount equal to the wage tax determined on the date on which the pension entitlement was established; This does not apply, however, if it is an old-age or invalidity pension belonging to the lowest level (paragraph 2) or an old-age or invalidity pension granted under the rules in force before 1 January 1957.
A widow's pension
Old-age and invalidity pension for widows
(1) The widow of the resistance shall be entitled to a widow's pension if any of the conditions laid down in Article 30 (2) (a) to (e) are met for entitlement to the widow's pension even after two years after the loss of the former entitlement to the widow's pension.
(2) The widow's widow's pension after the resistance participant is at least 560 CZK per month.
(3) A widow's pension to a member of the resistance who has no other pension or income from employment or other gainful activity shall be measured at least as provided for in Paragraph 107g (2), whichever group of resistance participants the widow is assigned.
(4) A widow's pension shall not be reduced if she is a member of the resistance or a widow of the resistance.
(5) However, if the widow is not entitled to a widow's pension, she shall be entitled to an old-age or invalidity pension of at least 560 CZK per month.
Amount of orphan's pension
(1) The orphan's pension on the part of the orphan child after the resistance participant is at least 400 Kcs per month.
(2) The orphan's pension for the two-sided orphan child after the resistance participant is 700 Kcs a month.
Social income
(1) If a member of the resistance is awarded a social pension, he shall be granted a member of the resistance.
| skupiny | ve výši Kčs měsíčně |
|---|---|
| I. | 1400 |
| II. | 1200 |
| III. | 1000 |
| IV. | 800 |
(2) If a widow receives a social pension from a member of the resistance, the pension shall be paid at the rate of 560 CZK per month.
Amount of parents' pensions
If the parents of the resistance participant who died in connection with the resistance activity were executed or died in prison, the parents' pension, old-age, disability, widow's or social pension shall be entitled to this pension of at least 600 CZK a month, if it is for the individual, and 900 CZK a month, if it is for the married couple.
Exemption from special income tax
Pensions provided at the lowest rate according to this Part of the Act, or pensions calculated therefrom, shall not be subject to a special pension tax. '
17. The eighth part shall be renumbered the ninth part.
18. The following Section 122a is inserted after Section 122:
Adjustment of parents' and siblings' pensions
The pensions of parents and siblings granted under the pension insurance (provision) regulations in force before 1 January 1957, which are the only or main source of food for the pensioner, shall be adjusted at the request of the pensioner so that the pension does not amount to less than 445 CZK per month and, if it is a married couple, less than 645 CZK per month. '
19. Paragraph 141 shall be deleted, including the title.
Amendments to the Social Security Act of cooperative peasants
Act No. 103 / 1964 Coll., on social security of cooperative peasants, as amended by Acts No. 141 / 1965 Coll., No. 116 / 1967 Coll. and No. 89 / 1968 Coll., is amended as follows:
1. Paragraph 1 (1) (3) (c) reads as follows:
"(c) combatants against fascism, victims of war and fascist persecution in times of unfreedom, as well as participants in the liberation struggle during the First World War (" resistance participants ") and participants in the preparation to defend the Czechoslovak Socialist Republic,"
2. Paragraph 39 (1) (2) reads as follows:
"2nd time
(a) before 1 January 1957, for which a woman, without being a member of a single agricultural cooperative, worked permanently (§ 2 (1) and (2) to the extent specified, even if that period was not deductible under the pension insurance rules of members of the single agricultural cooperative;
(b) before 1 January 1969, after which the cooperative, prior to joining the single agricultural cooperative, had cooperated to the extent that it constituted a participation in the pension insurance of the cooperating members of the family in the private economy of its spouse, who was an individual farmer, or after which the cooperative was, to the specified extent, employed in a single agricultural cooperative of type I or type II. ';
3. In Articles 45 (3) and 54 (4), a part of the sentence behind the semicolon is deleted at the end of those paragraphs.
4. Paragraph 47 (1) is replaced by the following:
"If there is an old-age pension with an increase in the duration of the additional work after entitlement to such a pension has been established, the pension, together with that increase and any other pension pension (insurance), may not exceed 2500 CZK per month. '
5. Article 47 (4) reads as follows:
"(4) If the old-age pension is the sole or main source of nutrition for the pensioner,
(a) an old-age pension shall be calculated by an amount of at least 445 CZK per month and, if a member of the family of the pensioner is also referred to the pension, by an amount of at least 645 CZK per month; if this family member is a spouse who has a pension, the old-age pension shall be calculated in such a way that, together with the pension belonging to the spouse, he does not amount to less than 750 CZK per month. The old-age pension at the lowest rate according to the previous sentence shall be measured even above 90% of the average monthly wage (paragraph 3);
(b) an old-age pension at the lowest rate referred to in Article 46 (2) may be awarded above 90% of the said average monthly wage. "
6. In Paragraph 48, the following paragraph 3 is added:
"(3) If the old-age pension is the sole or main source of nourishment of the pensioner and the adjustment provided for in the previous provisions is not more favourable, the amount of CZK 445 per month shall be determined and, if the pension is also referred to by the pensioner's family member, the amount of CZK 645 per month; if this family member is a spouse who is retired, the old-age pension shall be calculated in such a way that, together with the pension belonging to the spouse, he does not amount to less than 750 CZK per month. '
7. Article 58 (4) reads as follows:
"(4) If the invalidity pension is the sole or main source of nutrition of the pensioner,
(a) the invalidity pension shall be calculated by an amount of at least 445 CZK per month, and, where a member of the family of the pensioner is also dependent on the pension, by an amount of at least 645 CZK per month; if this family member is a spouse who has a pension, the invalidity pension shall be calculated in such a way that, together with the pension belonging to the spouse, it does not amount to less than 750 CZK per month. The invalidity pension at the lowest rate according to the previous sentence shall be calculated even above 90% of the average monthly wage (paragraph 3) also to a member of a cooperative over 20 years of age;
(b) an invalidity pension of at least 445 CZK per month, to which no family member of a pensioner is referred, may be awarded up to a maximum of 645 Kč per month, but not more than 90% of the above average monthly salary. "
8. In Paragraph 59, the following paragraph 5 is added:
"(5) If the invalidity pension is the sole or main source of nourishment of the pensioner and the adjustment provided for in the preceding paragraphs is not more favourable, the invalidity pension shall be determined by the amount of 445 CZK per month and, if the pension is also referred to by the family member of the pensioner, by the amount of 645 CZK per month; if the spouse is a family member, the invalidity pension shall be calculated in such a way that, together with the pension belonging to the spouse, he does not amount to less than 750 Kčs per month. ';
9. In Paragraph 66 (3), the following sentence is added:
"If the widow's pension is the sole or main source of the widow's nutrition, the amount shall be at least 445 CZK per month. '
Paragraph 66 (6) reads as follows:
"(6) The first sentence of paragraph 3 of the first sentence on the minimum size of the widow's pension shall not apply to widow's widows' pensions by members of cooperatives which have not been recognised as having a higher level of management. '
11. § 67 reads:
Co-operation of the widow's pension with income from the gainful activity
(1) If the widow is employed, the widow's pension shall be reduced by half the amount by which the total of the widow's pension and gross income from the gainful activity exceeds the monthly amount of 1500 CZK.
(2) A widow's pension is not reduced to a employed widow
(a) for a period of one year from the death of the spouse,
(b) if the widow looks after at least one child (§ 44 (2)). "
12. The following Section 3 is inserted after Section 74:
Pension security of resistance participants
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Regulation Information
| Citation | Act No. 161 / 1968 Coll., on Special Admission to Benefits, on Changes in Pension Security of Resistance Participants and on Certain Other Changes in Social Security |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.12.1968 |
|---|---|
| Effective from | 01.01.1969 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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