Government Decree No. 18 / 1954 Coll.
Regulation on the adjustment of claims from existing pension improvements
Valid
Effective from 01.07.1954
18.
Government Regulation
of 13 April 1954
on the adjustment of claims from existing pension improvements.
The Government of the Czechoslovak Republic orders pursuant to § 6 paragraph 3 of Act No. 102 / 1951 Coll., on the Rebuilding of National Insurance, and § 7 paragraph 2 of Act No. 41 / 1953 Coll., on the Money Reform:
Initial provision.
The hitherto forms of pension enhancement do not comply with the principles of socialist pension security. Therefore, pension improvements are abolished and claims are transferred to the supplementary pension scheme. Participants to the current pension improvements may continue to increase their national pension insurance entitlements by way of supplementary pension insurance. The claims obtained from the pension improvements to date shall be maintained in accordance with other provisions of this Regulation.
(1) Entitlements from pension improvements to date will be settled by the State Pension Insurance Office, which is guaranteed by the State in the form of supplementary pension rights and under the conditions laid down in this Regulation.
(2) The amount of pensions provided under this Regulation does not depend on the economic results of the supplementary pension scheme. expenditure on these pensions shall be borne by the State through State resources.
Adjustments to pension pension pension holders who are not pensioners.
(1) Entitlements established in accordance with the current rules on pension improvements shall be maintained at the current level, provided that they do not exceed the limits of the entitlement:
| a) na starobní (invalidní) důchod, částku | 250,- Kčs, |
| b) na vdovský důchod, částku | 125,- Kčs, |
| c) na sirotčí důchod oboustranně osiřelého dítěte, částku | 125,- Kčs a |
| d) na sirotčí důchod jednostranně osiřelého dítěte, částku | 62,50 Kčs |
monthly.
(2) If the claims established in accordance with the current provisions on pension improvements exceed that amount, they shall be maintained at the rate of half of the entitlements determined in accordance with the statutes; they shall not fall below the amounts referred to in paragraph 1. However, where, according to existing rules, claims have been reduced by more than half and exceed the amounts referred to in paragraph 1, they shall be maintained only in an area so reduced. The President of the State Pension Insurance Board shall, by means of an official decree, determine the rights under the Statutes for the purposes of this Regulation.
(1) In accordance with this Regulation, pensions shall be provided for old-age, disabled, widower and orphan.
(2) The pension entitlement referred to in paragraph 1 shall be established and maintained only together with the pension entitlement of the same type (with the right to education) of national insurance.
(3) The pensions referred to in paragraph 1 shall not be taken into account in the adjustment of national insurance pensions under the rules on the increase of such pensions in connection with the monetary reform or in the reduction of national insurance pensions for any reason.
Where transfer amounts have not been issued under previous rules on transfers in public pension insurance (provision), transfers shall no longer be made and claims shall be assessed as obtained for former insurance holders (pension improvement facilities); in so doing, account shall be taken, in order to maintain entitlement, of the contribution periods received for all holders of insurance (installations).
Entitlements from the above-mentioned pension improvements or the continuation of pension improvements after 31 December 1952 will, at the request of the legitimate outlets, be reimbursed by the participant of the pension improvement from his time after 31 October 1945, for the period from 1 November 1945 to 31 May 1953, in proportion to 50 CZK of old money for 1 CZK of new money. The entitlement to reimbursement may be applied by 30 September 1954 at the latest.
Pension adjustment.
(1) Pensions provided for under Decree-Law No 10 / 1953 Coll., on certain measures in the field of pension improvement to which a claim has already been made, or until 30 June 1954, may not, if:
| a) o starobní (invalidní) důchod, více než | 250,- Kčs, |
| b) o vdovský důchod, více než | 125,- Kčs, |
| c) o sirotčí důchod oboustranně osiřelého dítěte, více než | 125,- Kčs, |
| d) o sirotčí důchod jednostranně osiřelého dítěte, více než | 62,50 Kčs a |
| e) o jiné druhy důchodů, více než | 125,- Kčs |
monthly.
(2) If, after 30 June 1954, a pensioner to whom the pension referred to in paragraph 1 is due dies, the pensions of the survivors belonging to this Regulation may not be:
(a) the widow's pension and orphan's pension of a two-sided orphan child, more than half of the old-age (invalidity) pension referred to in paragraph 1;
(b) the education allowance for the widow's pension and the orphan's pension on a unilateral basis for the orphan child, more than a quarter of the old-age (invalidity) pension referred to in paragraph 1.
Cancellation of pension enhancement facilities.
(1) Pension improvement facilities shall be abolished on 30 September 1954.
(2) The property (rights and obligations) of the establishment is transferred to the State on 1 October 1954. The President of the State Pension Insurance Board shall, in agreement with the Ministers concerned, determine by 31 August 1954 which bodies (organisation) managing the State's assets shall take over the assets transferred to the State on 1 October 1954 according to the previous sentence.
(3) The establishments shall ensure that their activities can be terminated on 30 September 1954 immediately after the publication of this Regulation; In particular, they are required to transfer the payment of pension payments from the current pension improvement to the State Pension Insurance Office, according to the instructions of the State Pension Insurance Office, and to communicate to that Office the necessary information on the claims of the participants in such an improvement before they are cancelled.
(4) The authorities still managing the installations are responsible even after their cancellation until further action
(a) acting as Agents of the State Pension Insurance Office for the proper completion of the work in the field of existing pension improvements; and
(b) as Agents of the institution to which the property of the establishment has been transferred to the administration referred to in the second sentence of paragraph 2, for the management of the property surrendered.
(5) The provisions of paragraphs 1 to 4 also apply mutatis mutandis to the Union of Pension Institutions in the Czechoslovak Republic.
Transitional and final provisions.
(1) Provisional adjustments to pension pensions made before 1 August 1953 by the President of the State Pension Insurance Board under the pension scheme shall be deemed to be definitive until 30 June 1954.
(2) The President of the State Pension Insurance Board is hereby authorised to increase, with effect from 1 August 1953, with effect from 1 August 1953, the maximum pension limits set out in the consequence of the termination of the State's securities liabilities, to the amounts referred to in Section 7 and to cover the differences resulting therefrom.
The provisions of this Regulation shall apply mutatis mutandis to editors' insurance, to group supplementary insurance with the State Pension Insurance Office, to insurance for higher benefits in Slovakia, to pension arrangements for employees whose exemption from statutory pension insurance expired before 1 October 1948, to pension improvements in the groups of employees for whom the conditions for exemption from statutory pension insurance were met before 1 October 1948 because they were guaranteed by the employer by a contract of employment or otherwise more favourable pension entitlements, and to pension arrangements for employees of the Czechoslovak National Bank and for pensioners of such establishments.
(1) The President of the National Pension Insurance Board may issue directives for the implementation of this Regulation.
(2) The President of the National Pension Commission may, after consulting the Central Board of Trade Unions and on financial implications in an agreement with the Minister of Finance, take measures in particular justified and serious cases to avoid irregularities and hardships that could arise in the implementation of this Regulation.
The provisions of Decree-Law No 10 / 1953 Coll. and other provisions applicable to pension improvements, if they contravene that regulation, are hereby repealed.
This Regulation shall enter into force on 1 July 1954; they shall be carried out by the Chairman of the State Pension Commission in agreement with the participating members of the Government.
Broad v. r.
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Regulation Information
| Citation | Government Regulation No. 18 / 1954 Coll., on the adjustment of claims from existing pension improvements |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.04.1954 |
|---|---|
| Effective from | 01.07.1954 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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