Decree No. 173 / 1949 Coll.
Regulation on transfers to national insurance of certain persons excluded before 1 October 1948 from the insurance obligation of public pension insurance
Valid
Effective from 01.10.1948
173.
Government Regulation
of 28 June 1949
on transfers to national insurance of certain persons excluded before 1 October 1948 from the insurance obligation of public pension insurance.
The Government of the Czechoslovak Republic hereby orders pursuant to § 268, § 3 and § 7, § 2 of the Act of 15 April 1948, No 99 Coll., on National Insurance, and Article V. of the Law of 25 March 1948, No 70 Coll., on the unification of certain provisions in public social insurance:
(1) Persons who, on 30 September 1948 under one of the Regulations on public pension insurance, are, however, no longer exempt from pension insurance under the National Insurance Act (applicable) in their employment because they were guaranteed normal (equivalent) pension rights (hereinafter referred to as "exempt employment"), are no longer exempt from pension insurance under the National Insurance Act, will, on that date, acquire rights which would have been acquired by the Central National Insurance Company if they had been compulsory under the pension insurance scheme for private employees in higher services. However, the period between 1 July 1920 and 31 December 1928 is always included in the service class XVI and the period before 1 July 1920 in the service class VI (Section 177, paragraph 1 of the Act of 21 February 1929, No. 26 Coll., on the pension insurance of private employees in higher services). The period of employment excluded here means all the time actually spent there and the period of military service after 31 December 1928. If, before 1 October 1948, these persons have obtained a real contribution period in public pension insurance, they shall also be accounted for as they were originally obtained in that insurance. Paragraph 269 (5) of the National Insurance Act does not apply to such persons.
(2) The provisions of paragraph 1 shall apply mutatis mutandis to persons who, on 30 September 1948, have enjoyed a retirement or provision salary from an employer whose employee is subject to the provisions of paragraph 1, and to persons who have withdrawn from their employment with such employer before 1 October 1948, unless the employer is obliged by that date to transfer amounts issued under the rules on social security transfers (provision).
(1) For the taking over of the rights of persons to whom the provisions of Paragraph 1 (1) and (2) apply, the employer who guaranteed the pension provision shall pay the Central National Insurance Corporation a remuneration. Paragraph 2, paragraphs 1, 3 and 2 of the Act of 15 April 1948, No 98 Coll., on the concentration of pension insurance for private employees in higher services and on certain other measures in the field of public social insurance, apply mutatis mutandis to the amount and manner of this remuneration. From this remuneration, the employer shall deduct the amounts paid for the period after 30 September 1948 from benefits if the obligation to pay them is transferred to the Central National Insurance Corporation. The Ministry of Labour and Social Welfare may authorise payment in reasonable instalments.
(2) The remuneration referred to in paragraph 1 shall be paid for claims by persons who have withdrawn their employment before 1 October 1948 only if they have withdrawn their employment after 31 December 1928 and were alive on 30 September 1948, who lived in the Czechoslovak Republic and who did not benefit from the pension.
Employers who have guaranteed pension arrangements for persons referred to in Article 1 (1) and (2), or their successors in title, shall be required to be notified before 30 June 1950 to the Central National Insurance Corporation and to any staff member or payee of resting or providing salaries covered by this Regulation:
(a) the number of contribution months to be counted for those persons in each class under this Regulation;
(b) the amount of the retirement or provision salary to which such persons have been or would have been entitled on 30 September 1948 in accordance with the relevant provisions of existing regulations or pension arrangements.
Paragraph 1 to 3 shall apply mutatis mutandis:
(a) for employees who have ceased to be exempt from the insurance obligation of public pension insurance as a result of the reorganisation of cash institutions carried out pursuant to the Act of 20 July 1948, No 181 Coll., on the organisation of money, under the Law of 20 July 1948, No 182 Coll., extending the scope and change the legal nature of the Postal Savings Bank, or under the Law of 20 July 1948, No 183 Coll., on the Investment Bank, and for survivors of such employees, with the exception of postal savings and their survivors, who have been entitled to rest or provision salaries before 1 September 1948;
(b) for employees of former private insurance undertakings whose exemption from the insurance obligation of public pension insurance expired before 1 October 1948 because the insurance companies were nationalised under the decree of the President of the Republic of 24 October 1945, No 103 Coll., on the nationalisation of private insurance companies and on the survivors of such employees.
Employees of chambers of commerce and trade who have retired before 1 May 1949 or died before that date or have been taken over by that date at the latest shall be exempt from national pension insurance with effect from 1 October 1948; Paragraph 1 to 3 shall not apply to those employees and their survivors.
This Regulation shall enter into force on 1 October 1948; they shall be carried out by the Minister for Labour and Social Welfare in agreement with the Ministers involved.
Zaporocký v. r.
Kliment v. r.
Minister Eban.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No. 173 / 1949 Coll., on transfers of certain persons excluded before 1 October 1948 from the insurance obligation of public pension insurance into national insurance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.07.1949 |
|---|---|
| Effective from | 01.10.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0