Act No. 17 / 1947 Coll.
Law on the recognition of rights acquired with foreign social insurance holders
Valid
Effective from 22.02.1947
17.
Law
of 30 January 1947
on the recognition of rights acquired with foreign social security holders.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Range of adjustment.
(1) This law applies to claims acquired by a foreign disability and old age insurance holder - pension insurance - or an foreign accident insurance holder
(a) the countrymen who have acquired or will acquire citizenship under the Constitutional Act of 12 April 1946, No 74 Coll., on the granting of citizenship to countrymen returning to their country, or under the Constitutional Act of 13 September 1946, No 179 Coll., on the granting of citizenship to countrymen from Hungary, if they have relocated or moved to the Republic of Czechoslovakia until 31 December 1947 for permanent residence in the Czech Republic
(aa) on the basis of the Czechoslovak official resettlement operation,
(bb) outside the framework of an official resettlement operation, in cases which the Ministry of Social Welfare considers to be of particular concern;
(b) persons who have validly opted for the Czechoslovak Republic (Section 5 of the Government Order of 24 August 1945, No. 61 Coll., on the preparation of an option under the contract between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Zakarpatsky Ukraine of 29 June 1945),
(c) during the period of non-freedom of Czechoslovak nationals employed in the border territory or in the other territories of the Czechoslovak Republic,
(d) in the period of infreedom or prior to that of Czechoslovak citizens employed in foreign states, including territories temporarily occupied by Germany or Hungary.
(2) This law also applies to the claims of Czechoslovak state citizens acquired from Czechoslovak public insurance holders, but in the period of infreedom they switched to foreign insurance holders.
(3) Entitlements under this Act also belong to persons who have lost Czechoslovak citizenship under the Constitutional Decree of the President of the Republic No. 33 / 1945 Coll., on the modification of Czechoslovak citizenship of persons of German and Hungarian nationality if they reside in the territory of the Czechoslovak Republic.
(4) This law shall also apply to the entitlements of the survivors of the persons referred to in paragraphs 1 to 3.
(5) Entitlements under this law belong to persons of national reliability; family members shall be assessed separately.
(6) Modifications under this Act are not attended by persons who have volunteered for employment in the Czechoslovak Republic of Enemies during the period of infreedom.
(7) The provisions of the Act of 18 July 1946, No. 164 Coll., on the care of military and war damages and victims of war and fascist persecution, apply also to the field of this law.
(8) The period of deprivation is understood as from 30 September 1938 to 4 May 1945 for the field of this law.
(9) The territorial parts of the Czech and Moravian-Silesian countries, which were occupied by foreign powers in 1938, and those of Slovakia which were occupied by them in 1938 and 1939, are the border territories under this law.
(10) The time limit referred to in paragraph 1 (a) may be extended by the Government's resolution in cases of special consideration.
Evaluation of pension rights for foreign insurance holders.
(1) Where a person referred to in § 1 (1) to (3) has been insured with a foreign pensioner or has been employed abroad in a manner that has established a pension insurance obligation but has not been insured there, or has been employed in the territory of the Czechoslovak Republic during the period of non-freedom, in a manner that is temporarily foreign to the State, in a manner that at that time only established the insurance obligation of the Czechoslovak pension insurance scheme, the periods of such insurance (employment) - unless otherwise specified - are the periods of compulsory insurance for the competent holders of the Czechoslovak pension insurance scheme.
(2) Likewise, periods of employment in foreign countries excluded there as a result of the guarantee of equivalent pension insurance claims (in another "provision '), if the person concerned entered the compulsory pension insurance in the Czechoslovak Republic. The same applies to periods of employment carried out in the territory of the Czechoslovak Republic at the time of temporary occupation of foreign State powers and excluded from the insurance obligation of pension insurance, even if this exemption had not taken place under the Czechoslovak legislation.
(3) The persons referred to in Paragraph 1 (1) (a) shall be evaluated for the periods referred to in paragraphs 1 and 2 if they receive at least 24 contribution months following the pension resettlement in the Czechoslovak Republic.
(4) Paragraph 1 and paragraph 2 shall not apply to the period covered by the period counted as the period of compulsory insurance under the Act of 5 March 1946, No 47 Coll., on the abolition of injustices and on certain protection measures in the field of public social insurance, or under the decree of the President of the Republic of 17 August 1945, No 53 Coll., on the atonement of injustices by Czechoslovak public servants.
(1) The periods referred to in Article 2 (1) and (2) are assessed,
(a) if there is an invalidity insurance (provision) for workers, such as the period of invalidity and old age insurance under the Law on the insurance of workers in the event of illness, disability and old age;
(b) if the pension insurance (provision) of officials or insurance is a substitute or is an insurance for self-employed persons, such as periods of pension insurance for private employees in higher services; as such times are also considered when private workers in higher services, mandated to work in Germany or in the territory occupied by it, have been legally insured for the last time before the order in the Czechoslovak Republic,
(c) if it comes to mining insurance, as a period of commission insurance; As such, the periods acquired by miners in the Reich-German disability insurance are considered as such when they were last subject to a temporary insurance in the Czechoslovak Republic.
(2) If there is no special pension official or special mining insurance in a foreign State, the nature of the employment shall be determined when assessing the period of foreign insurance.
(3) The periods of invalidity insurance (provision) are taken into account by the holder of the disability insurance, the periods of pension insurance (provision) and the periods of equivalent pension insurance holders, the periods of mining insurance and the periods of equivalent service insurance holders (§ 11).
(4) Where the insured person has acquired periods in different pension insurance sectors (arrangements), the provisions on social insurance transfers (arrangements) shall apply mutatis mutandis.
(5) If the period counted under the previous provisions coincides with the period of insurance in the Czechoslovak Republic, those periods shall be calculated only once for the waiting period, the retention of entitlements and the conditions of voluntary insurance. Then it comes to pass:
(a) compulsory voluntary insurance;
(b) pension insurance for private employees in higher services for temporary insurance and both such insurance for invalidity and old-age insurance.
(6) The increase for the period so assessed shall be for each month:
| a) do konce r. 1920 | Kčs 10.– ročně, |
| b) do konce r. 1938 | Kčs 15.– ročně, |
| c) počínajíc rokem 1939 | Kčs 20.– ročně. |
(7) For periods of insurance on the basis of mining work carried out outside the territory of the Czechoslovak Republic, persons who have not received at least 4 years of insurance and of them at least one year after 5 May 1945, on the basis of mining work in the Czechoslovak Republic, are entitled to pensions which were attacked after 30 September 1948 by the increase in the amount of the increase in the amount only according to § 71 (3) of Act No. 99 / 1948 Coll., on national insurance.
(8) The periods completed until 29 September 1938 in Czechoslovak pension insurance will be evaluated according to the Czechoslovak rules.
(9) If they are entitled to an age supplement, the provisions on social security transfers (provision) shall apply mutatis mutandis for their assessment.
(10) In determining the contribution period, 30 contribution days per contribution month shall be calculated; the remainder is calculated per contribution month.
(1) If the insured person does not obtain the period referred to in Article 2 (3) for the insurance case in the Czechoslovak pension insurance, the following pensions, after assessing the period referred to in Article 2 (1) and (2), would have been met (completed waiting period) for pension rights in the Czechoslovak insurance:
| a) pojištěnci | Kčs 3.600 ročně, |
| b) vdově (vdovci) a sirotku oboustranně osiřelému | Kčs 2.400 ročně, |
| c) ostatním pozůstalým | Kčs 1.800 ročně. |
These pensions are covered by the allowances under the Act of 13 December 1945, No. 156 Coll., on the allowances for pensions from public social insurance, as well as the education allowance (child allowance, child allowance, raising allowance) and the increase for helplessness. The provisions on the aggregate amount of the survivors' pensions remain unaffected.
(2) However, if the insurance case occurred before the expiry of 24 contribution months (§ 2 (3)) as a result of a corporate accident and in this case the waiting period under Czechoslovak legislation is deemed to have been completed, the condition of § 2 (3) shall also apply.
Paragraph 3 and 4 shall apply only as long as the interstate conventions on mutual respect for the contribution periods of public pension insurance are not negotiated.
Where a staff member subject to the provisions of § 2 (1) or (2) enters into employment in the Czechoslovak Republic exempt from the pension insurance obligation as a result of the guarantee of normal (equivalent) pension entitlements, the amount to be paid under the legislation on transfers in pension insurance (provision) shall not be taken into account for the period of foreign insurance, except for the period referred to in § 3 (8). However, the employment excluded from the pension insurance obligation shall be treated as if the employer had received an amount transferred under the Czechoslovak legislation in respect of the period completed by the foreign insurance holders in the border territory or in the other territory of the Czechoslovak Republic [§ 1, paragraph 1, point (c)].
Account taken of claims in accident insurance that have not yet been decided.
(1) If the persons referred to in § 1 (1) (b) to (d) have suffered an accident after 31 December 1942 which, according to the German or Hungarian legislation, would be countervailable on 4 May 1945, but the ReichsGerman or Hungarian holders of accident insurance have not decided on their entitlement, their claims and those of their survivors shall be assessed, in principle, under the Czechoslovak rules applicable to accidents of the same period, but taking into account the extent of the insurance obligation under the ReichsGerman (Hungarian) regulations, if this is more favourable to the insured persons. Accidents that occur earlier are not detrimental.
(2) The amount of the allowance shall be determined on the basis of the annual remuneration of the staff member of the same group, as laid down in the Czechoslovak Republic for the period in question by the wage decree. If the earnings cannot be calculated in this way, they shall be determined on the basis of the average deductible earnings from which they were calculated in the year of the accident in the Czechoslovak Republic by the recipient of accident insurance pensions for employees of the same corporate group. If the annual earnings thus calculated are disproportionate, they shall be determined on a fair basis.
Taking over the payment of the contested pensions from Reich-German and Hungarian insurance.
(a) Pension insurance.
(1) Pensions from Reichsgerman or Hungarian pension insurance will be taken over by Czechoslovak insurance holders if they have not expired by 4 May 1945.
(2) Reich-German insurance pensions are taken over at an amount that would be due on 4 May 1945, but not exceeding the amount of the average pension of the group of pensioners concerned by the competent insurance holder in the Czechoslovak Republic (§ 11) on 5 May 1945. The amount of these pensions shall be declared by the Ministry of Social Welfare in the Official Journal. However, if the pensions originally awarded by the Czechoslovak insurance holder are concerned, they must not fall below the amount which would have been due under the Czechoslovak legislation on 5 May 1945.
(3) The income from Hungarian pension insurance is taken over if the insurance case occurred before 31 December 1946 at the amount which would have been due if the insurance had been carried out under the rules in force in Slovakia. The increase in staff insurance in the event of invalidity and old age shall be calculated - if not for the period completed with Czechoslovak insurance holders - for agricultural workers and household helpers according to class Ab, in other cases according to class C. The increase in the amount of the commission insurance shall be 10 CZK per year for each recognised contribution month.
(4) All other improvements that were or will be introduced in public pension insurance after 4 May 1945 will be made to the pension received.
(5) The duration of entitlement to the further payment of the pension taken over and the entitlements of the survivors of the pensioners taken over shall be governed by the general provisions on social insurance.
(b) Pension insurance.
Beneficiaries of pensions from public pension insurance are subject to the Czechoslovak rules on sickness insurance of pensioners.
(c) Accident insurance.
(1) Paragraph 8 (1) applies mutatis mutandis to the receipt of the pension of Reichsgerman and Hungarian accident insurance. The claim for further pension payments for accidents, compensated initially by the Czechoslovak carrier of insurance, is, however, also valid if the pension is lost under the rules applicable to the Reichsgerman or Hungarian holders of insurance, but would continue under the rules applicable to accidents of the same period.
(2) In order to calculate the pensions from accidents, compensated initially by the Czechoslovak accident insurance holder, the deductible work income, determined by that insurance carrier, shall be determined after the rules applicable to compensation for accidents from the same period. For other accidents, the annual work income shall be calculated in accordance with § 7 (2).
(3) In order to determine the amount of loss of ability to earn, a new finding made by the Czechoslovak accident insurance holder is decisive.
(4) In principle, the Czechoslovak provisions applicable to accidents of the same period shall apply to the assessment of the pensions taken over and the duration of their entitlements, as well as to the entitlements of the pensioners.
Jurisdiction of the policyholder.
(1
(a) incapacity insurance for workers by the competent holder of the disabled and old-age insurance for workers;
(b) the pension insurance of officials or insurance is the replacement and insurance of persons self-employed by the General Pension Institute in Prague (Central Social Insurance Office in Bratislava),
(c) mining insurance by the competent carrier of the commission insurance;
(d) insurance against accidents by the competent accident insurance holder.
(2) The holder of an insurance policy within the territory of which the person concerned has, or has, his right to home shall be responsible in a local manner; if he does not have it, the holder of the insurance in whose territory he is duly resident. It decides the legal situation on the day of the submission of the application (§ 12). In this way, the competent insurance holder shall be responsible without account being taken of any subsequent changes to home law, after the case of residence. However, if it is about the payment of pensions for accidents occurring in the territory of the Czechoslovak Republic, the competent carrier of the accident insurance is the undertaking in whose district the accident occurred.
(3) If, for the first time after the end of the period of non-freedom, the insured person has been insured with a replacement institution or with a carrier of pension insurance for private rail employees and where, in accordance with paragraph 2, the competent pension insurance provider in the Czech and Moravian-Silesian countries is given responsibility, he shall take into account the periods of pension insurance (provision) referred to in § 3 of this Replacement Institute, in the case of the carrier of pension insurance for private rail employees.
(4
(5) If the pension granted by the Czechoslovak Replacement Institute or by the Pension Insurance Provider of Private Railways Employees is granted according to the provisions of paragraph 2, and the responsibility of the Pension Insurance Carrier in the Czech and Moravian-Silesian Countries is given to pay the pension to the Replacement Institute, or to the Replacement Institution that originally granted the pension, and if not, the General Pension Institute in Prague.
(6) If there is a pension awarded by a foreign carrier of insurance, in which, during the period of infreedom, insurance claims have been transferred from the Czechoslovak Replacement Institute or from the beneficiary of pension insurance for private rail employees, and if, in accordance with paragraph 2, the responsibility of the pensioner of pension insurance in the Czech and Moravian-Silesian countries is given to pay the pension, this replacement institution shall be responsible for the pension insurance holder of private rail employees. If this Czechoslovak carrier of insurance has not already been obtained in Czechoslovak pension insurance at least 60 eligible contribution months, he is responsible for the payment of the General Pension Institute in Prague. These provisions of jurisdiction apply even if the pension has not been awarded by the foreign carrier and has not been obtained after the period of non-freedom in the Czechoslovak pension insurance period.
(7) However, payments under the previous provisions shall be taken over by the Disability and Old-age Insurance Fund of Czechoslovak State Railways staff or the Disability and Old-age Insurance Fund of postal staff, following the case of the carrier of an accident measure, if his or her participant is assigned by the State Administration to Germany or to the territory temporarily occupied by him in the work of the undertakings or facilities for which the Fund is set up in the Czechoslovak Republic (accident measure) and if the insurance case in that employment is found.
Claims procedure.
(1) The procedure for assessing the period of insurance (employment, provision) and the granting of benefits shall be carried out on a proposal from the insured (pensioners) or their authorised family members.
(2) The application lodged with the non-competent policy-holder shall be forwarded without delay to the competent policy-holder. The applicant shall be informed accordingly.
(3) Authorisations shall be required to submit the documents needed to decide on their application, otherwise they shall prove otherwise reasonably.
(4) The carrier of the insurance shall decide on the design by an angle; If you don't take over, it happens in an insurance case.
Payment of the pension paid.
The pension paid shall begin on the first day of the month following the submission of the proposal or in the case of countrymen returning to their country [Paragraph 1 (1) (a)] after their resettlement; However, in the case of accidents referred to in Article 7, pension payments shall be granted for the period from 5 May 1945. The relevant provisions of the National Insurance Act apply mutatis mutandis to the limitation of claims under this Act.
Backup pension payments.
(1) If a foreign insurance carrier other than those mentioned in § § 8 and 10 stops the payment of pensions to Czechoslovak nationals who have relocated or relocated until 31 December 1947 (§ 1 (10)) to the Czechoslovak Republic only because they have transferred their residence to the Czechoslovak Republic, the provisional payment of their advance payments shall be taken over by Czechoslovak insurance holders if the claims have not yet expired.
(2) In the case referred to in paragraph 1, the amount of the advance referred to in Paragraph 4 (1) shall be provided in the pension insurance. Advances shall not be granted where there is a pension claim against the Czechoslovak carrier of insurance.
(3) In accident insurance, benefits are provided under the conditions set out in § 10 (2) to (4).
(4) Otherwise, the provisions of § 9 and § 11 to 13 apply mutatis mutandis, with the fact that the Czechoslovak insurance holder stops the interim payment as soon as the foreign insurance holder starts to pay the pension again. If the pension paid by this foreign carrier and corresponding to one of the pensions referred to in § 60 (1) (a) to (f) of the National Insurance Act does not reach the amount of the advance paid under the previous paragraphs, the Czechoslovak insurance holder shall continue to pay a contribution equal to the difference between the earlier advance and the pension paid by the foreign insurance carrier.
(5) If the Polish carrier has taken over the insurance of the payment of accident pensions to Czechoslovak nationals (§ 1 (1)) who are resident in the territory of the Czechoslovak Republic and have suffered an accident on the current or former territory of Poland, and if the pension does not reach the amount of the advance which would have been due to them under this law, the Czechoslovak carrier pays them the difference. This also applies to accident pensions which have ceased to be paid by a lump sum in Polish accident insurance.
Right of recourse.
(1) Entitlements for foreign insurance benefits due for the period for which the Czechoslovak insurance holder has provided benefits pass to the State up to the amount of benefits provided by the Czechoslovak insurance holder.
(2) Persons receiving a foreign insurance pension are required to do so within eight days of the notification to the competent Czechoslovak carrier of the insurance, indicating how much the pension is paid and the period during which it is granted, as well as any subsequent changes to the pension and to add documents (size, trimmings of the postal savings bank, etc.).
(3) A pensioner may be required to reimburse benefits provided by the Czechoslovak carrier of insurance even if he has neglected the obligation imposed on him by paragraph 2.
(4) In order to pay the benefits provided by the Czechoslovak carrier of insurance, the pension provided by the Czechoslovak insurance can also be used.
(5) Reimbursement of the benefits referred to in paragraphs 1, 3 and 4 shall be decided by an agreement between the holder of the insurance.
Cost reimbursement.
The costs incurred by the implementation of this Act shall be borne by the Central National Insurance Corporation as a carrier of insurance under the National (Public) Pension Insurance Regulations. Other costs, if they are not met by international arrangements, shall be borne by the State. The details are set out by the Ministry of Labour and Social Welfare in an agreement with the Ministry of Finance.
Removing the temperament.
The Ministry of Social Welfare may take measures to eliminate the difficulties encountered in the implementation of this Act, in particular as regards persons who have not received pensions or who have been awarded a lower amount for oppression of national, political or racial insurance.
Provisions effective and implementing.
If, prior to the publication of this Act, advance payments have already been made at the request of the benefit, they shall be regarded as payments under this Act. Such requests shall be considered as proposals under Article 12. Any differences do not return or pay back.
This Act shall take effect on the day of its publication. Its provisions shall also apply to insurance cases which occurred prior to its publication. It shall be carried out by the Minister for Social Welfare in agreement with participating members of the Government.
Dr Beneš v. r.
Gottwald v. r.
Dr. Unedible v. r.
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Regulation Information
| Citation | Act No. 17 / 1947 Coll., on the recognition of rights acquired with foreign social insurance holders |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.02.1947 |
|---|---|
| Effective from | 22.02.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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