Decree No. 170 / 1949 Coll.
Regulation on transitional arrangements in the field of state pension and accident insurance
Valid
Effective from 17.07.1949
170.
Government Regulation
of 12 June 1949
on transitional arrangements in the field of state pension and accident insurance.
The Government of the Czechoslovak Republic orders pursuant to § 1, paragraph 1 of the Act of 11 May 1949, No. 143 Coll., on changes in the organisation of public administration and in the jurisdiction of its bodies:
In accordance with other provisions, the Pension Department of the Regional Financial Directorate in Prague and Brno and their pension liquidatures, in Slovakia, shall, by the end of 1949, exercise its competence in matters of state pension (commission) and accident arrangements (§ 2).
(1) It is for the public authorities referred to in § 1, unless otherwise provided for in § 3 and 9, to have all jurisdiction in individual pension (commission) cases.
(a) civil servants;
(b) former civil servants who have become or become employees of national undertakings without having ceased or become members of pension arrangements;
(c) spiritual churches and religious societies recognised by the State (of Recepted), with the exception of those subject to the provisions of Section 200 of the Government Decree of 17 July 1928, No. 124 Coll., on adjusting the salaries of the clergy,
(d) the beneficiaries of the resting (provision) salaries referred to in Sections 40, 2 and 46, paragraphs 4 and 5 of the Law of 21 December 1948, No 280 Coll., on the Regional Establishment,
(e) other persons who, through State resources, pay a retirement allowance; and
(f) survivors of the persons referred to in (a) to (e).
(2) The authorities referred to in Section 1 shall also pay:
(a) honorary national salaries pursuant to § 6 of Decree of the President of the Republic of 22 August 1945, No 57 Coll., on the salary and on the contribution of members of the Government,
(b) provision salaries pursuant to § 3, paragraph 2 of the Act of 6 May 1948, No. 130 Coll., on National Artists,
(c) cash benefits from the accident insurance of employees of public undertakings (Section 278, paragraph 3 of the Act of 15 April 1948, No 99 Coll., on National Insurance),
(d) Grace gifts and pensions (§ 74, par. 1, No 10 of the Constitution)
and manage matters related to the use of such salaries (benefits).
(3) In the case of retired or on vacation workers with a foreseeable future, following the case of former staff whose personal office has ceased to exist without transferring its responsibilities in the personal affairs of the staff member to another office or, if Slovakia is concerned, if his local jurisdiction does not correspond to the local jurisdiction of the authority referred to in § 1, the competent authority referred to in § 1 shall be deemed to be the last personal office of those staff members.
(1) The place of the authorities referred to in Article 1 shall be decided by:
(a) the competent personal office (in the case of staff referred to in § 2 (1) (b), the authority corresponding to it) in agreement with the local competent authority referred to in § 1 for the staff member's active services or in connection with the transfer to the service of the staff member on matters of free discretion; where the central office is a personal office, that office shall decide in agreement with the Ministry of Finance;
(b) the relevant central series in agreement with the Ministry of Finance on the authorisation of the nutrition allowance provided for in Section 116, in conjunction with Section 98 of the Law of 25 January 1914, No 15 of the Act of 15 January, on the service ratio of civil servants and founders (service pragmatics) and similar regulations;
(c) Ministry of Finance in agreement with the Ministry of Interior
1. on matters reserved to the central authorities by the President of the Republic of 17 August 1945, No. 53 Coll., on atonement of injustices to Czechoslovak public servants,
2. the authorisation of the consumption, in this case also in agreement with the Ministry of Foreign Affairs and the remission of the loss of resting (provision) salaries as a result of the illegal stay abroad:
(d) Ministry of Finance
1. On the increase of resting (provision) salaries for helplessness [Section 3 of the Act of 23 February 1949, No 62 Coll., on minimum public rest (provision) salaries and on the amendment of certain provisions governing pension entitlements and retirement and on certain advantages for civil servants],
2. on the waiving of the period provided for in § 8, § 2 of Decree No. 53 / 1945 Coll., and § 5, § 2 of the Law of 18 March 1948, § 65 Coll., on compensation and other measures for certain public servants who have been transferred to the service or whose service has been undone during the period of infreedom.
(2) The relevant general rules on the remission (write-off) of State debts shall apply to the remission or write-off of overpayments on salaries paid by the authorities referred to in Section 1.
(3) Without prejudice to the powers conferred on it,
(a) disciplinary (disciplinary) bodies under Article 98 of the Staff Regulations and similar regulations;
(b) to the central authorities in agreement with the ministries of the Interior and Finance pursuant to Article 12 of the Act of 23 February 1949, No 63 Coll., on the regulation of the legal situation of certain public servants and recipients of the resting (provision) salaries who remained in the period of infreedom in the territory of the Czechoslovak Republic occupied by foreign powers.
Where the recipients of salaries paid by the authorities referred to in § 1 are no longer subject to the provisions of § 151 of the Act of 24 June 1926, No 103 of the Coll., on the adjustment of the salaries and certain service conditions of civil servants (the Law of the Preservation Office), in conjunction with § 8, paragraphs 2 and 3 of the Law of 20 May 1930, No 70 of the Coll., adjusting the resting and provision salaries of certain civil servants and other public teachers, as well as their survivors, shall apply for the correction of incorrect scales or payments of their salaries, mutatis mutandis, of the said provisions of the Law.
(1) Within the scope referred to in § 2, the delegation of funds is responsible locally:
(a) where the cases of provision (§ 2 (1)) occurred before the date of entry into force of this Regulation or of the payee referred to in § 2 (2) authorised before that date,
1. for persons residing in Slovakia on the date of entry into force of this Regulation, if they are not resident,
2. for persons staying abroad on the date of entry into force of this Regulation, who, if they are entitled to enjoy abroad, are paid by the authority (s) located in Slovakia or who, if staying abroad without such authorisation, have their last residence (s) in Slovakia,
3. for survivors of persons referred to in Nos 1 and 2;
(b) in other cases,
1. if the measure referred to in Article 2 (1) and (2) (c) applies, to staff whose place of employment (last place of employment) lies in Slovakia and to the survivors thereof,
2. if there are provision salaries pursuant to § 3, paragraph 2 of Act No. 130 / 1948 Coll., for survivors of Slovak national artists,
3. where the gifts and pensions are paid by grace (§ 74 (1), (10) of the Constitution), given the previous service (work) ratio, for persons who have fulfilled the conditions under No 1, for other gifts and pensions, for persons who, when applying for such benefits, reside in Slovakia, if they do not reside, have their residence.
(2) The Pension Department of the Regional Financial Directorate in Brno (its pension liquidation) is responsible locally for the beneficiaries of the resting (provision) salaries (§ 2 (1)) and the salaries referred to in § 2 (2), on the day immediately preceding the date of the entry into force of this Regulation, and for their survivors.
(3) In other cases, the department of the Regional Financial Directorate in Prague (its pension liquidation) is responsible for the scope referred to in Section 2.
(4) The date laid down by the Minister of Finance by Decree in the Official Gazette will be the date on which the pension department of the Regional Financial Directorate in Brno (its pension liquidation), resulting from the provisions of paragraph 2, will go to the pension department of the Regional Financial Directorate in Prague (its pension liquidation).
(5) In individual justified cases, the Ministry of Finance may provide for derogations from the provisions of paragraphs 1 to 3.
(1) In accordance with the relevant regulations, the services of the authorities referred to in Section 1 shall be transferred or allocated to the necessary number of employees from the personal states of the offices and bodies still exercising the powers referred to in Section 2. Allocation staff shall remain in the personal state from which they were assigned and their personal office shall not be modified by the secondment. However, such staff shall also be subordinate to the competent authority referred to in Section 1.
(2) The means of means (equipment) which have so far served with authorities and bodies other than those referred to in § 1 to procure the powers referred to in § 2 shall be used to equip the authorities referred to in § 1, unless the Ministry of Finance provides otherwise in agreement with the central office concerned.
The Czechoslovak State Railways Pension Fund and the Postal Staff Provisional Fund are hereby repealed. The rights of staff and their survivors arising from the regulations on these funds, including their statutes, remain unaffected.
(1) Things which will not yet be dealt with by the competent authorities (authorities) on the date of the entry into force of this Regulation will be dealt with by the authority responsible under this law.
(2) The Office shall decide on appeals pending the decisions of the authorities (authorities) still competent in matters referred to in Article 2 which were issued before the application of this Regulation. If it is not, the Ministry of Finance, if there is an appeal, and the authority responsible locally under Section 5, if there is an objection.
This Regulation shall not apply to pension arrangements for military persons and their survivors under the Law on Military Benefits of Providers, and to gifts and pensions of those persons.
Measures taken between 1 January 1949 and the date of the entry into force of this Regulation by another authority, for which, pursuant to Paragraph 2 (3), the competent authority referred to in paragraph 1, would be considered as measures taken by that authority.
This Regulation shall take effect on the 15th day following its publication; they shall be implemented by the Finance Minister in agreement with the participating members of the Government.
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Regulation Information
| Citation | Government Decree No. 170 / 1949 Coll., on the transitional regime in the field of state pension (pension) and accident insurance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.07.1949 |
|---|---|
| Effective from | 17.07.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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