Act No. 23 / 1985 Coll.
Act on Merger in Construction
Valid
Effective from 01.07.1985
23
THE LAW
of 26 March 1985
on the performance allowance in construction
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Preliminary provisions
For the long-term performance of workers' employment in the construction sector, benefits are granted to old-age and disabled pensioners.
Conditions of entitlement
(1) The pension allowance shall be paid to an old-age pension beneficiary who has worked for at least the last 10 years prior to the pension entitlement or the subsequent grant of the old-age pension, and who has been employed by workers in construction organisations under the responsibility of the ministries of construction Republics.
(2) The duration of the employment referred to in the preceding paragraph on the date on which the entitlement to an old-age pension is established or on another date from which the pension is granted shall not be required if serious health or organisational reasons prevent it.
(3) The entitlement to the allowance is maintained even if the old-age pension granted has ceased to be paid.
(4) (1) where he has been engaged in the employment referred to in paragraph 1 for at least the last 10 years prior to the pension.
(5) If it is awarded to a beneficiary of an invalidity pension to whom the pension is payable, the old-age pension or, where applicable, to an old-age pension, to whom the pension is payable, the invalidity pension, the pension allowance shall be paid to a newly granted pension.
Amount
The amount of the benefit allowance shall be 200 Cds per month, even if the pensioner fulfils the conditions for entitlement to the benefit allowance for only part of the month.
Confession and repayment
(1) The allowance shall be granted on written application. The beneficiary shall be obliged to provide proof of the necessary information, in particular on the time and type of employment he has worked and on the grant of the pension.
(2) The entitlement to the allowance is applied to the organisation in which the beneficiary last performed a selected labour force (Section 2 (1)).
(3) The organisation shall, within two months of receipt of the request, notify the applicant in writing of whether or not the service allowance has been granted to it.
(4) The recipient of the service allowance shall be obliged to repay the service allowance only if he has not complied with the obligation imposed by this law or implementing regulation or otherwise has caused the service allowance to be paid unjustly.
Transfer of entitlement
(1) Entitlement to an allowance may not be transferred.
(2) By adopting a pensioner to the provision of a social security institution, his entitlement to the payment of a pension allowance to that institution shall be transferred up to the amount of the contribution to cover the costs of constitutional care.
(3) If the beneficiary has died, the spouse (spouse), children and parents, who lived with the beneficiary at the time of his death shall be entitled to the amounts of the payment allowance due until the day of his death, if they were living in a common household; the condition of a common household need not be fulfilled for children who are entitled to an orphan's pension. These amounts shall become the object of the inheritance if they are not.
Payment
(1) The service allowance shall be paid by the organisation which granted it in the calendar months for which it belongs. The due date of each instalment shall be communicated by the organisation to the competent authority in the notification of its award.
(2) If the organisation referred to in the preceding paragraph ceases to exist, the obligation to pay the service allowance shall pass on to its successor in law. If the organisation does not have a legal successor, this obligation goes to the State.
(3) No service allowance shall be paid during the stay of the beneficiary abroad.
(1) The right to an allowance shall not be barred.
(2) Where the right to a service allowance has been exercised after a period of more than one year from the date on which the entitlement is acquired, the individual instalments of the service allowance shall be valid for a maximum of one year before the date on which the claim is exercised.
(3) The entitlement to a single instalment of the payment allowance is limited in one year from its due date.
(4) The claim for repayment of the individual instalments of the payment of the payment allowance unduly shall be waived within three years of the date on which the organisation found that the payment of the payment was wrongly paid, not later than 10 years after its payment.
Disputes about claims under this law are settled by the courts. An application for a service allowance may be made in court only if the organisation fails to fulfil the obligation imposed in Paragraph 4 (3) or does not admit the service allowance.
Obligation of the beneficiary
The beneficiary of an invalidity pension to whom a benefit is paid shall, within 8 days, declare to the organisation the loss of entitlement to the pension.
Obligations of organisations
Organisations are required to keep records of the time and type of employment referred to in § 2 and to issue a certificate of these facts on request.
Entry into the organisation's facilities
The authorised personnel of the Federal Ministry of Labour and Social Affairs and of the Ministry of Labour and Social Affairs of the Republic shall be entitled to enter the establishment of the organisation and, in cooperation with the authorised personnel of the competent Ministry of Construction, to verify compliance with the obligations imposed by this Act and the implementing provisions.
Elimination of hardness
The hardships that would arise in the implementation of this Act may be removed by the Ministry of Labour and Social Affairs of the Republic after consultation with the relevant Ministry of Construction of the Republic and the relevant trade union.
Implementing Regulation
Federal Ministry of Labour and Social Affairs provides for a decree in agreement with the Ministry of Labour and Social Affairs and the Construction of Republics and the Central Council of Trade Unions
(a) the range of selected workers' jobs in construction production organisations under the responsibility of the ministries of construction Republics;
(b) serious health and organisational reasons where entitlement to the service allowance of an old-age pensioner is not required to continue the employment referred to in (a) on the date of the pension or on the date of the pension entitlement;
(c) the particulars of the application for a service allowance;
(d) the details of the organisation's notification of the award of the service allowance;
(e) details of keeping records of organisations.
Final provision
(1) The allowance is payable if the old-age or invalidity pension is awarded at the earliest from the date of application of this law.
(2) The periods of employment referred to in Article 2 (1) shall be counted as from 1 July 1975 for entitlement to the service allowance.
Efficacy
This Act shall take effect on 1 July 1985.
Husák v. r.
Indra v. r.
Strougal v. r.
1) Article 27 of the Social Security Act.
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Regulation Information
| Citation | Act No. 23 / 1985 Coll., on the Merit Benefit in Construction |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.04.1985 |
|---|---|
| Effective from | 01.07.1985 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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