Act No. 18 / 1947 Coll.

Law on the unification of certain periods and conditions in public pension insurance

Valid Effective from 01.01.1947
18.
Law
of 30 January 1947
to unify certain periods and conditions in public pension insurance.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
§ 1.
Withdrawal periods for the maintenance of claims.
(1) Entitlements from public insurance in the event of invalidity and old age - pension insurance - are maintained after the termination of the insurance for a period equal to a quarter of the allowance period, for at least 30 months (withdrawal period).
(2) In determining the contribution period, 30 contribution days shall be calculated per contribution month. Any remainder shall be calculated for the entire contribution month.
(3) The withdrawal period runs from the first day of the month following the expiry of the insurance. any fractions of the month shall be counted over the whole month.
(4) The running of the withdrawal period shall be built for the calendar months in which:
(a) the insured person has benefited from sickness benefits;
(b) the insured person has benefited from an invalidity or old-age pension;
(c) the payment of the invalidity or old-age pension has rested; or
(d) the insured person has been treated.
(5) Insurance claims are maintained even after the expiry of the withdrawal period for the period of evidence of involuntary unemployment, but for a maximum period of 60 months from the first day of the month following the expiry of the insurance.
(6) If, within 12 months of leaving the compulsory employment, a self-employed insured person is present, the insurance claims shall be retained after the withdrawal period for the period of self-employment, but no more than 60 months after the first day of the month following the expiry of the insurance.
§ 2.
Life insurance.
(1) If a former insured person who does not retain his claims under Paragraph 1 enters into insurance again, he shall be credited with the contribution period previously obtained, if the interruption lasted a maximum of 5 years. If the insurance interruption lasted for more than 5 years but less than 10 years, the contribution period previously obtained shall be counted only if the insured person regains at least 12 contribution months before the end of those 10 years. Otherwise, the contribution period previously obtained shall be counted only if the insured person has received at least 36 contribution months in the new insurance.
(2) If insurance has been carried out retrospectively, the insurance entry shall be calculated from the first day of the month for which the insurance was paid.
(3) The interruption shall be calculated from the first day of the calendar month following the month in which the insurance has ceased.
(4) Until the interruption referred to in the previous paragraph, the periods referred to in paragraphs 1, 4 and 5 shall not be counted.
(5) The provisions of Paragraph 1 (2) apply to the recalculation of the contribution days per month.
§ 3.
Voluntary continuation of insurance.
(1) After the termination of the compulsory insurance, the insured person who has acquired the waiting period has the right to voluntarily continue the insurance with the last holder of the insurance.
(2) The insured person must volunteer to continue the insurance before the end of the withdrawal period.
(3) The insured person may voluntarily continue insurance in any class (earnings) other than Class 1.
(4) Voluntary continued insurance must be continuous.
(5) The insurance fee shall be paid no later than the date on which the application was received by the holder of the insurance. Insurance may be paid for a maximum period of 12 months before the application is filed. The first premium shall be paid within 30 days of the date on which the insured person was notified of the amount of the premium, otherwise the insurance shall not be incurred; The next premium is to pay a month in advance.
(6) The voluntary continuation of insurance is no longer possible,
(a) if the insured person enters into compulsory insurance,
(b) where an insurance obligation arises,
(c) if the insured person has not paid the premiums within 12 months of the due date.
§ 4.
Transitional provisions.
(1) The provisions governing the same matter as this Law shall cease to apply on the date of its validity (applicability).
(2) However, if, on the effective date of this Act, the beneficiaries have not yet reached more favourable deadlines under the existing rules, they shall remain valid until the end of 1948 at the latest.
(3) Until 31 December 1948, insurance claims (withdrawal period) shall be considered to be retained even if the period from the first entry into insurance is half covered by contribution periods. It doesn't count:
(a) the first and last calendar year of insurance;
(b) the period during which the insured person has benefited from an invalidity or old-age pension; However, the obtained contribution period shall be calculated.
§ 5.
The provisions of Section 3, paragraphs 3 to 6, shall apply to persons who voluntarily continue insurance on the day of the publication of this Act. The same applies to persons who submit an application for voluntary continued insurance within 3 months of the publication of this Act. The admissibility of voluntary continued insurance shall be assessed in accordance with the existing rules; the insurance may be continued on a voluntary basis with the last carrier.
§ 6.
Final provisions.
This Law shall take effect on 1 January 1947; It shall be carried out by the Minister for Social Welfare.
Dr Beneš v. r.
Gottwald v. r.
Dr. Unedible v. r.

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Regulation Information

CitationAct No. 18 / 1947 Coll., on the unification of certain periods and conditions in public pension insurance
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation22.02.1947
Effective from01.01.1947
Effective until-
Status Valid
The regulation text is for informational purposes only.
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