Act No. 161 / 1995 Coll.
Act amending and supplementing Act No. 480 / 1992 Coll., on the substantive security of soldiers and pupils of the armed forces schools and their liability for damage, as amended by Act No. 308 / 1993 Coll.
Valid
Law
Effective from 08.08.1995
Text versions:
08.08.1995
161
THE LAW
of 28 June 1995
amending and supplementing Act No 480 / 1992 Coll., on the physical security of soldiers and pupils of armed forces schools and their liability for damage, as amended by Act No 308 / 1993 Coll.
Parliament has decided on this law of the Czech Republic:
Act No. 480 / 1992 Coll., on the physical security of soldiers and pupils of the armed forces schools and their liability for damage, as amended by Act No. 308 / 1993 Coll., is amended as follows:
1. in § 1 (a), the words "Czechoslovak Army" are replaced by the words "Czech Army" and the words "and the armies of the Ministry of Interior" are deleted.
2. In Article 1 (b), the dot at the end of the sentence is replaced by a semicolon and the following points (c) and (d) are added:
"(c) the granting of one-off exceptional compensation and financial contribution;
(d) the granting of certain compensation for the expenditure of professional soldiers with a regular place of employment abroad. "
3. In Article 4 (2), the words "Federal Ministry of Defence 'are replaced by the words" Ministry of Defence' and the words "or Federal Ministry of Interior 'are deleted.
4. In Paragraph 4 (4), the words "Federal Ministry of Defence 'are replaced by the words" Ministry of Defence' and the words "or Federal Ministry of Interior 'are deleted.
5. In Paragraph 4 (5), the words "Czechoslovak Army 'are replaced by the words" Czech Army' and the words "or Federal Ministry of Interior 'are deleted.
6. In Section 6, the words "the Czech and Slovak Federal Republics and the Minister of Interior of the Czech and Slovak Federal Republics may" are deleted and the word "may" is inserted after the word "defence."
7. Paragraph 8, including the title and note No 8a, reads:
Travel and other compensation
(1) Soldiers are entitled to compensation for duty travel, departure, transfer and transfer.
(2) Professional soldiers with a regular place of employment abroad are entitled to the same compensation as staff of budgetary and contribution organisations with a regular place of work abroad. (a)
8 (a) Decree of the Government No. 62 / 1994 Coll., on the granting of reimbursement of certain expenses to staff of budgetary and contribution organisations with a regular place of work abroad. '
8. In Paragraph 10 (1), the words "Czechoslovak Army 'are replaced by the words" Czech Army' and the words "or Federal Ministry of Interior 'are deleted.
9. in § 10 (2) (a), the word "Kčs" is replaced by "Kč."
10. After Part Two, the following Part Three is inserted:
INDIVIDUAL INSTRUMENT AND FINANCIAL CONTRIBUTION
Disposable exceptional compensation
(1) A soldier in active employment who has become partially disabled as a result of an accident at work or an occupational disease (hereinafter referred to as "accident") at:
(a) ensuring military discipline if the accident was caused by intentional criminal activity;
(b) flight training in special facilities, such as training on specialised and complex trainers, on centrifuges, in the thermochamber and in the vacuum chamber, and when training to jump from aircraft, helicopters and balloons;
(c) training in hard-to-reach areas such as mountain terrain, desert, sea and swamp;
(d) conducting driving tests on rolling, road and special vehicles at higher speeds or in the field under conditions exceeding those applicable to their driving or operation;
(e) telecommunications and other work on mast, in forced positions without working platforms, of rope ladders, of suspension seats, of a safety belt and of a limited working space on a work bench, at altitudes above 10 m;
(f) activities with the risk of acute poisoning due to non-breathability of the environment and the risk of burns due to high ambient temperature where specific breathing or isolation apparatus or protective clothing must be used for high concentrations of harmful or toxic substances;
(g) underwater activity under increased pressure of air, where diving devices with pressurised air supply need to be used by a hose, breathing apparatus with air compressed in a bottle, oxygen apparatus with regeneration of air or other equipment for underwater work, and during deep brokering, underwater driving and swimming techniques;
(h) activities at risk of exposure;
(i) training in the military fire brigade;
In addition to compensation under the special legislation8b) also a one-off exceptional compensation of CZK 10,000.
(2) When a soldier in active duty is partially disabled as a result of an accident caused by aircraft, helicopters, balloons and ultra-light aeroplanes under a flight plan, flight flight and flight flight and flight equipment, aircraft jumps, explosive and ammunition disposal, rescue operations involving a threat to human life or property or other similarly dangerous conditions, a one-off exceptional compensation of CZK 40 000 is included in addition to compensation under the special legislation8b. However, if such an accident occurred when carrying out pyrotechnic rendering in cancelled military exits or other designated areas, a one-off exceptional compensation of CZK 80,000 is included.
(3) If a soldier in active duty is partially disabled as a result of an accident in the performance of his service under particularly dangerous conditions abroad, he shall be entitled to a one-off exceptional compensation of CZK 200,000 in addition to compensation under the Special Act 8b. The state of war in the country of residence and the performance of specific tasks shall be regarded as particularly dangerous conditions.
(4) A soldier in active duty who has become invalid as a result of an accident in the activities referred to in paragraph 1 shall be entitled, in addition to compensation under the special legislature8b, to one-off exceptional compensation of CZK 40,000. Where a soldier in active duty is an invalid as a result of an accident in the activities referred to in paragraphs 2 and 3, one-off exceptional compensation shall be equal to twice the amounts referred to in paragraphs 2 and 3.
(5 The surviving spouse and any surviving child who fulfils the conditions for an orphan's pension shall be entitled to one-off exceptional compensation equal to half the amounts referred to in paragraph 4. The surviving parents and other natural persons, if they have been fed to a soldier in active duty, are entitled to one-off extraordinary compensation in total of CZK 20,000. One-off exceptional compensation is equal in these cases.
(6) The one-off exceptional compensation provided for in paragraphs 1 to 5 shall also apply where the conditions for the waiver of liability for injury are met, except where the injured soldier in active duty has been intoxicated or caused by abuse of other addictive substances.
Financial contribution
(1) The Ministry of Defence may grant a financial contribution of up to CZK 50,000 to soldiers, school pupils and survivors of such persons to mitigate damage to health in connection with the performance of an active military service or in connection with the preparation for the service of an occupational soldier, upon request, in special cases where appropriate.
(2) A financial contribution may not be granted where the persons referred to in paragraph 1 have been granted one-off exceptional compensation under Paragraph 10a.
(3) For the purposes of granting the financial contribution referred to in paragraph 1, survivors shall be deemed to be spouses, children who fulfil the conditions for the grant of an orphan's pension, parents and other natural persons who have been dependent on the deceased for maintenance.
8b) § 193 et seq.
8c) § 197 et seq. of the Labour Code. '.
Part Three shall be renumbered Part Four.
11. in Article 11, the words "Federal Ministry of Defence" are replaced by the words "Ministry of Defence" and "Federal Ministry of Interior" are deleted.
12. in Article 11 (a), the words "paragraph 1" shall be inserted after the words "Paragraph 8."
13. Paragraph 13, including footnote 9, is deleted.
Transitional provision
The right of a soldier in active employment and of the survivors to a single exceptional compensation for an accident at work or occupational disease which occurred or which was detected prior to the date of application of this Act shall be governed by the existing provisions.
Repeal
The Federal Ministry of Defence Code "Investigation and Compensation of Accidents and Diseases of the Occupation," is hereby repealed.
This Act shall take effect on the day of its publication.
Uhde v. r.
Havel v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 161 / 1995 Coll., amending and supplementing Act No. 480 / 1992 Coll., on the Physical Security of Soldiers and Students of the Armed Forces Schools and their Liability for Damage, as amended by Act No. 308 / 1993 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.08.1995 |
|---|---|
| Effective from | 08.08.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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