Decree of the Ministry of Labour and Social Affairs No. 179 / 1968 Coll.
Decree of the Ministry of Labour and Social Affairs on certain further amendments to Decree No. 102 / 1964 Coll., implementing the Social Security Act, as amended by Decree No. 91 / 1968 Coll.
Valid
Effective from 01.01.1969
179
DECLARATION
Ministry of Labour and Social Affairs
of 20 December 1968
on certain further amendments to Decree No. 102 / 1964 Coll., implementing the Social Security Act, as amended by Decree No. 91 / 1968 Coll.
The Ministry of Labour and Social Affairs shall provide, in agreement with the Central Council of Trade Unions and the participating central authorities, pursuant to Article 143 (1) to (3) of Act No. 101 / 1964 Coll., on Social Security, as amended by Acts No. 89 / 1968 Coll. and No. 161 / 1968 Coll. (hereinafter referred to as the Act):
Decree No. 102 / 1964 Coll., implementing the Social Security Act, as amended by Decree No. 91 / 1968 Coll., is amended as follows:
(1) Paragraph 1 (4) is deleted; Consequently, paragraph 5 shall become paragraph 4.
2. Article 3 (1) reads as follows:
"(1) The functionalities of the National Committee and the functionalities of the People's Review Commission, for which the term of office is considered to be employment (§ 41), and of the functionalities of the Revolutionary Trade Union Movement of all grades and of the other components of the National Front released from employment for employment in the performance of their duties in I (II), of the working category immediately before the beginning of the term of office, shall be counted as the term of employment of I (II), provided that the officials return to employment (II) of the working category if the adjustment referred to in paragraph 2 is not more favourable to them; This shall also apply if, at the time of the performance of their duties, they or the survivors are entitled to pension benefits. ';
3. Article 5 (2) (a) and (b) reads as follows:
"(a) period of military service in the Red Army from 1 January 1923 to 21 June 1941,
(b) period of military service in Czechoslovak legions after 11 November 1918, "
4.
Article 7 (1) (b) of the Law
(1) The period of resistance and detention (internment) for political, national or racial reasons in a period of infreedom shall be understood as:
(a) period of military service in the Red Army from 7 November 1917 to 31 December 1922 and from 22 June 1941 to 9 May 1945,
(b) period of military service in Czechoslovak legions until 11 November 1918,
(c) period of military service in the military units of the Slovak Republic of Councils and in the army of the Hungarian Republic of Councils in 1919;
(d) the period of participation in anti-war revolt during the First World War;
(e) the period of service of the Czechoslovak volunteer in the Spanish Republican Army (International Brigades) from 19 July 1936 to 28 March 1939 and the period he spent in internment camps in France,
(f) period of military service in Czechoslovak foreign armies, 1st Czechoslovak army in Slovakia and in Allied army units between 15 March 1939 and 9 May 1945,
(g) the duration of service in guerrilla units which have taken part in direct combat with fascists or harming activity in the back of the enemy either in the territory of the Czechoslovak State and the Soviet Union or in another European country;
(h) the period of stay in the Allied countries prior to joining the Czechoslovak foreign or Allied army in the period from the crossing of the Czechoslovak border, but not earlier than 15 March 1939, until the date of entry into the Army, if the conditions for recognition as a member of the Czechoslovak foreign or Allied army are fulfilled;
(ch) time spent in Nazi prisons, discipline or concentration camps (in internment) as a result of proven persecution in the period from 1 October 1938 to 5 May 1945 for political, national or racial reasons;
(i) the period of participation in the Slovak National Uprising or any other domestic or foreign resistance between 15 March 1939 and 9 May 1945;
(j) the period of captivity, if, in respect of the period to be counted under this provision, was no later than 9 May 1945;
(k) the period of treatment necessary for the consequences of an uncaused injury or illness arising in the course of the service (activity) or in connection with the restriction of liberty, if such treatment prevented the performance of employment, until 9 May 1945 at the latest.
(2) Field service means military service
(a) in the Red Army fighting enemies of the Soviet Union (Soviet Russia) from 7 November 1917 to 31 December 1922 and from 22 June 1941 to 9 May 1945,
(b) in units of the 1st Czechoslovak Army Corps in the Soviet Union between 1 February 1942 and 9 May 1945 and in the Polish Legion from 1 to 29 September 1939,
(c) for field services in the Czechoslovak foreign armies during the Second World War, fighting in France from 1 September 1939 to 17 June 1940, fighting in North Africa from 1 November 1940 to 31 August 1943 and fighting on the Western Front from 6 June 1944 to 9 May 1945, if they participated in the fight against fascism on the Western Front, and for the field forces in the Allied armies on the Western European and other battlefield between 1 September 1939 and 9 May 1945;
(d) an executive flyer in the Czechoslovak foreign army or in the Allied army, a parachutist thrown down or planted in the rear of the enemy and, between 1 August 1940 and 1 August 1941, also the period of service of a member of the ground forces, airports and anti-aircraft artillery in England;
e) in the 1st Czechoslovak army in Slovakia at the time of the Slovak National Uprising since 29 August 1944,
(f) a Czechoslovak volunteer in the Spanish Republican Army (International Brigades) from 19 July 1936 to 28 March 1939,
(g) at the field departments of the Czechoslovak legions or in the Allied armies between 1 August 1914 and 11 November 1918,
(h) in the departments referred to in paragraph 1 (c) and (g).
(3) The period of field service shall be equal to the period of treatment required for the consequences of an uncaused injury or illness arising from the field service, if such treatment prevented the performance of employment, until 9 May 1945 at the latest.
(4) The periods of resistance activity (paragraph 1) and the services in the field (paragraphs 2 and 3) are demonstrated by a certificate issued by the competent military authority. '
5. In Paragraph 9, paragraph 4 is added as follows:
"(4) A worker who is employed in agriculture at a state farm (school) or in another agricultural organisation shall be counted as a pension insurance period of a cooperating member of a family of an individual farmer's family, including the period of his or her participation between 1 October 1948 and 31 December 1968 in the gainful activities of a spouse who was an individual farmer or a cooperating member of his or her family, if, at that time, he or she fulfilled the conditions laid down for the pension insurance of a co-operative member of the family in § 1 paragraph 3 of Decree No. 105 / 1964 Coll., on the pension insurance of individual farmers and other self-employed persons and on the provision of a contribution to members of their families, as amended by Decree No 93 / 1968 / 1968 Coll. '
6. Article 13 (4) reads as follows:
"(4) Premiums and shares in economic results *) are calculated in gross earnings achieved at the time of payment."
7. Paragraph 14 (3) reads as follows:
"(3) In calculating the average monthly earnings, the period of maternity leave and other maternity leave shall not be taken into account, even if the worker is not entitled to maternity allowance. Where this is more favourable to the worker, no compensatory allowance shall be taken into account in respect of the period after which she was transferred to another work for pregnancy or maternity, or of the income achieved at that time. '
8. The following Section 16a is inserted after Section 16:
Pension as the main source of nutrition
Article 18 (5), 28 (4), 31 (3) and 122a of the Law
As a general rule, retirement is considered to be the main source of nutrition for a pensioner if his other income does not amount to more than 200 CZK per month, and if a pensioner's family member is also dependent on the pension, more than 400 CZK per month. The income of a pensioner or his family member shall not be taken into account if those persons are over 70 years of age. ';
9.
K § 22 and § 107f § 6 of the Act
If a fully (partly) disabled member of the resistance who has suffered health damage as a result of participation in the resistance (imprisonment or internment for reasons of fascist persecution in a period of non-freedom), it shall be assumed that the full (partial) disability has arisen in connection with the resistance activity (imprisonment, intervention), unless this connection is excluded by the nature of the case. ';
10. In § 25 (3) and § 73 (4), the age limits of the child vary from 25 to 26 years.
11. in § 27 (2) (a), the amount of 250 CZK is increased to 400 CZK and the amount of 375 CZK is increased to 600 CZK.
12. in Article 59 (1), the word "journalists" shall be inserted after the words "scientists."
13. in Paragraph 60 (2), part of the sentence after the semicolon is deleted.
14. the following sentence shall be added in Paragraph 60 (3):
"If there is voluntary protection of the artist, the period before 1 January 1969 shall be counted only for the period for which the allowance has been paid under the rules in force before that date (§ 62). '
15.
Payment of the contribution due
The district national committee may withdraw the contribution due for the period before 1 January 1969 from the current account of the artist by means of a withdrawal order, mutatis mutandis, in respect of amounts not subject to enforcement of judgments. *) The debtor's contribution may be paid by deductions from the pension benefit paid; However, the amount paid may not fall below the lowest pension rate. '
16. Article 65 (1), (2) and (4) reads as follows:
Sickness
(1) Artists are entitled to sickness benefits if they are recognised as temporarily unfit for work for illness or injury.
(2) Executive artists and artists are granted sick leave from the first day of incapacity for work. Authors, composers, artists, architects, scientists and journalists shall be granted sick leave from the first day of incapacity for work if, as a result of incapacity for work, they were unable to accept or complete the work ordered; in other cases they shall be entitled to sickness from the eighth day of incapacity for work.
(4) The first three calendar days of incapacity for work shall be reduced by 20%. '
17. Article 67a is deleted.
18. in Paragraph 71 (3) (a), the designation of the Union of Education and Culture Employees shall be changed to that of the Union of Education and Science Workers and under point (d), the words "Czechoslovak Central Book Culture" shall be replaced by the words "Ministry of Culture and Information or an authority entrusted by it."
19. In the second sentence of Paragraph 113 (1), the amount of 50 CZK shall be increased to 70 CZK.
20. In § 116, the amount of 50 CZK is increased to 70 CZK.
21. in Article 123 (i), the word "journalists" shall be inserted after the words "scientists,"
22. The following Section 145a is inserted after Section 145:
Average monthly earnings in exceptional cases
Article 107c of the Act
The average monthly earnings of the resistance participant, which have changed his previous employment for the health damage suffered in the context of the resistance activity, shall be collected from the gross earnings of the same skilled workers in the profession previously employed by the resistance participant, in the last ten or, where applicable, in the last five calendar years before the pension entitlement, or in the case of an old-age pension, and shall be more favourable to the resistance participant, before the year in which he ceased employment. '
This Decree shall take effect on 1 January 1969.
First Deputy Minister:
Ing. Tomášek v. r.
*) § 20 to 24 of Decree No. 101 / 1966 Coll.
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Regulation Information
| Citation | Decree of the Ministry of Labour and Social Affairs No. 179 / 1968 Coll., on certain other amendments to Decree No. 102 / 1964 Coll., implementing the Social Security Act, as amended by Decree No. 91 / 1968 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.1968 |
|---|---|
| Effective from | 01.01.1969 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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