Decree of the Government of the Czechoslovak Socialist Republic No. 2 / 1971 Coll.
Decree of the Government of the Czechoslovak Socialist Republic on the exceptional provision of pensions to certain working pensioners
Valid
Effective from 01.03.1971
2
GOVERNMENT REGULATION
Czechoslovak Socialist Republic
of 28 January 1971
on the exceptional provision of pensions to certain working pensioners
The Government of the Czechoslovak Socialist Republic hereby orders, pursuant to § 58 of Act No. 101 / 1964 Coll., on Social Security, and § 46, 49 and 96 of Act No. 103 / 1964 Coll., on Social Security of Cooperative Farmers, as amended by Act No. 116 / 1967 Coll.:
Entitlements on old-age pension at work
A worker who is employed *) after entitlement to an old-age pension from the pension of workers or cooperative peasants or from the pension of self-employed persons shall be paid an old-age pension at an unchanged rate if his gross earnings do not amount to more than 800 CZK per month.
(1) A worker who is employed after being entitled to an old-age pension from the pension of workers or cooperative peasants or from the pension insurance of self-employed persons shall be entitled to an old-age pension of up to 1000 CZK per month, if employed:
(a) in production (industrial, mining, agricultural, forest, construction including maintenance and renewal, construction, construction, maintenance and renewal of civil engineering networks and communications, cooperative production, printing and, where appropriate, other production sectors);
(b) when carrying out services, including repairs, maintenance and other similar work to meet the needs of the population;
- in the organisations of local industry, municipal services, in production cooperatives, in the budgetary organisations and facilities of the national municipal services committees, in small establishments of national committees and in the housing of national committees and cooperatives,
- at the store,
- public, competitive and school meals and accommodation facilities,
- health care and social security facilities, including care,
- public transport, including local transport, and the operation of post offices and telecommunications,
- in the operation of water and drinking water treatment plants, including gas stations and urban waste water treatment plants,
- the purchase of agricultural products,
- when collecting raw materials,
(c) in the case of heating, maintenance and cleaning operations and as a member of the racing guard, guard or doorman, as well as in the case of work in sectors other than those referred to in (a) and (b).
(2) The provisions of paragraph 1 shall not apply to staff performing administrative work except those performing such work in the single agricultural cooperative.
(1) A worker who is employed after entitlement to an old-age pension is entitled to an occupational pension shall be entitled to that pension of one half, * *) if there is no more favourable treatment for him in accordance with § 1 or § 2, if his gross earnings have fallen substantially after entitlement to an old-age pension; it is a condition that a substantial decrease in earnings was due to a reduction in the working time or change in employment.
(2) A substantial decline in the worker's earnings shall be considered if the worker's monthly gross earnings are at least one third lower than the average monthly earnings of which the old-age pension is calculated but unlimited pursuant to § 9 (3) of Act No 101 / 1964 Coll.
(3) Half of the old-age pension is calculated from the old-age pension of the amount at which it would be due on the date on which half of that pension is granted. The average monthly earnings of a worker whose old-age pension has not yet been assessed shall be collected from gross earnings made prior to the year in which he was entitled to the old-age pension or, if more favourable to the worker, before the year in which the earnings were substantially reduced after the pension entitlement arose.
Entitlements on old-age pension for work in the single agricultural cooperative
A co-worker who is employed *) in a single agricultural cooperative after entitlement to an old-age pension has been established, this pension shall be granted up to a maximum of 1000 CZK per month; if the income of the cooperative does not amount to more than 800 CZK per month, the old-age pension shall be paid in full.
Pension entitlements for campaign, seasonal and other short-term work
(1) Old-age, widower's and orphan's pension pension (insurance), which would not have been paid or reduced in the course of employment or work in a single agricultural cooperative, shall be granted an unchanged pension if the pensioner is temporarily employed (temporarily employed in the cooperative) for a period of not more than
(a) 180 working days;
(b) 120 working days for administrative work;
where the pensioner has not actually worked more than the specified number of working days in the short-term employment (work) so agreed in the calendar year. The number of days worked shall also include the days on which the pensioners were entitled to sickness or compensation, except for compensation for unpaid leave.
The benefits referred to in this paragraph shall not apply if at least 14 days have elapsed between the end of a permanent employment relationship (work) and the date of taking up work in a short-term employment (work) with the same organisation (cooperative).
(2) The pensioners referred to in the preceding paragraph shall also be entitled to an unaltered pension if they are employed (employed) with a working period of such an extent that they do not exceed 1200 working hours in the calendar year, and if they are on administrative leave, 800 working hours.
(3) The total duration of the work referred to in paragraph 1 must not exceed 180 working days in the calendar year. Where the pensioner has carried out both the work referred to in paragraph 1 and the work referred to in paragraph 2 in the same calendar year, each day in which the work referred to in paragraph 2 was carried out shall be treated as one working day; the total duration of all works may not exceed 180 working days in the calendar year. However, administrative work must not cover more than 120 working days.
(4) If the consequences of emergencies need to be resolved urgently, with the assistance of pensioners, the maximum amount of work laid down in the preceding paragraphs may be exceeded. The extent of such exceedance and the work for which it is permitted will be decided for individual emergencies by the Government of the Czech Socialist Republic and the Slovak Socialist Republic.
(5) An organisation (single agricultural cooperative) may accept pensioners only for the purposes of campaign, seasonal or other short-term work which cannot be carried out by workers employed (employed) in the organisation (cooperative) throughout the year.
Entitlements on pensions in respect of work under the employment agreement or in respect of the provision of services or repairs on the basis of the authorisation of the national committee
(1) Old-age pensioner who is working under an agreement on employment, * *) shall be granted this pension only under the conditions and at the level laid down in Sections 1, 2 and 5 for the provision of an old-age pension at work. Paragraph 5 on the payment of widower's and orphan's pensions, as amended, shall apply mutatis mutandis. Where the work agreement concluded for the pursuit of the campaign, seasonal and other short-term work referred to in Article 5 has not agreed on the number of working days (paragraph 1) or working hours (paragraph 2), one calendar week of the period for which the work agreement was concluded shall be calculated in five working days.
(2) An old-age pension beneficiary who provides services or repairs on the basis of an authorisation of the National Committee (*) shall be granted this pension only under the conditions and at the level laid down in Sections 1 and 2 for the provision of an old-age pension at work.
Common provisions
(1) For the period of employment (employment, the work referred to in Article 6), for which an old-age pension or part thereof is granted, entitlement to that pension shall not be increased.
(2) The beneficiary may choose to increase his pension entitlement instead of his pension. The choice made may not be changed before the expiry of three months; However, if there are cases referred to in Section 5, the pensioner may at any time request that he be entitled to an old-age pension instead of a pension. The period of employment (employment, the work referred to in Paragraph 6) shall be assessed for the purpose of increasing the pension entitlement in all these cases under the general rules from the day following the end of the period for which the monthly pension payment has already been paid.
For the period for which the old-age pension or part thereof is payable under § 1 to 5 in respect of employment (work), the pension is paid even if the sick pension is at that time.
The organisation (single agricultural cooperative) shall state in the report of the social security body the circumstances showing whether the work in which the pensioner is subject to benefits under this Regulation or whether the work referred to in Article 6 is concerned. The organisation (single agricultural cooperative) is liable under the rules in force for damage caused by undue pension payments. * *)
Final provisions
(1) Working pensioners who will not be entitled to a pension under this Regulation in respect of employment (work, work, work referred to in Article 6) or who will only be entitled to a lower rate of employment (work, work) are obliged to notify the pension authority which pays the pension by 10 March 1971.
(2) The payment of a pension in respect of employment (work, work referred to in Article 6) which is no longer subject to this Regulation ends with the payment of the pension due in February 1971; a reduction in the pension, if the pension belongs to a lower amount, shall be made by starting with the payment of the pension due in March 1971. Overpayments arising from the payment of the pension for March and April 1971, which cannot be settled with other payments of the pension, shall not be enforced if the pensioner has fulfilled his reporting obligation.
The period of time for which the pensioner held a campaign, seasonal or other short-term employment (work) after 31 December 1970, in which the benefits under the current rules on the exceptional provision of pensions to certain working pensioners have been taken into account, taking into account the nature of the work carried out until the time of employment (work) or, where applicable, until the time of work under the employment agreement, carried out under Paragraph 5.
The provisions of this Regulation shall also apply to pensioners paid by the authorities of the Federal Ministries of National Defence and Interior and the authorities of the ministries of Interior and Justice of the Czech Socialist Republic and the Slovak Socialist Republic.
The following shall be deleted:
1. Government Decree No. 73 / 1969 Coll., on the exceptional provision of pensions to certain working pensioners;
2. Article 8 Principle No 20 / 1965 Coll., for the provision of certain services and repairs by citizens on the basis of the authorisation of the National Committee approved by the Government Resolution of 3 March 1965;
3. Paragraph 16 of the first sentence of Decree No. 21 / 1965 Coll., on pension insurance, sickness insurance and preventive and medical care of certain citizens active in the provision of services.
This Regulation shall enter into force on 1 March 1971.
Dr Strougal v. r.
*) A worker is a worker and a member of the production cooperative.
* *) § 64 paragraph 5 of Act No. 101 / 1964 Coll.
*) The cooperative also means a citizen who is a permanent member of the cooperative and is neither a member nor a member of his employment (§ 2 of Act No. 103 / 1964 Coll.).
* *) § 232 (2) (a) of the Labour Code; in the case of work carried out under an agreement on the performance of a work pursuant to Article 232 (2) (b) of this Code, an old-age pension shall be paid in full.
*) Principles No. 20 / 1965 Coll.
* *) Obligation of establishments (single agricultural cooperatives) to keep records and report for social security purposes and the obligation to replace wrongly paid benefits is provided for in Sections 89 and 139 of Act No. 101 / 1964 Coll., § 118 of Law No. 103 / 1964 Coll. and § 123 to 132 of Decree No. 102 / 1964 Coll.
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Regulation Information
| Citation | Decree of the Government of the Czechoslovak Socialist Republic No. 2 / 1971 Coll., on the exceptional provision of pensions to certain working pensioners |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.02.1971 |
|---|---|
| Effective from | 01.03.1971 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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