Decree No. 260 / 1990 Coll.
Decree of the Federal Ministry of Labour and Social Affairs amending and supplementing Decree No. 149 / 1988 Coll., implementing the Social Security Act
Valid
Effective from 01.07.1990
260
DECLARATION
Federal Ministry of Labour and Social Affairs
of 25 June 1990
amending and supplementing Decree No. 149 / 1988 Coll., implementing the Social Security Act
The Federal Ministry of Labour and Social Affairs provides, pursuant to § 177 (1) to (3) of Act No. 100 / 1988 Coll., on Social Security, as amended by Act No. 110 / 1990 Coll. and Act No. 180 / 1990 Coll., and under § 144 of Act No. 103 / 1964 Coll., on the security of cooperative peasants in sickness and on the security of the mother and child, as amended by Act No. 116 / 1967 Coll., Act No. 103 / 1988 Coll., and Act No. 180 / 1990 Coll.:
Decree No. 149 / 1988 Coll., implementing the Social Security Act, as amended by Decree No. 123 / 1990 Coll., is amended as follows:
1. Article 10 (4) reads as follows:
"(4) Paragraphs 63 (5), 64 (4), 65 and 72 (1) to (4) shall apply mutatis mutandis here."
2. In Article 11 (1) (b), the words "production cooperatives' are replaced by the words" non-agricultural cooperatives with a working relationship as part of membership '.
3. In Paragraph 11 (1) (c) (3), the words "cash remuneration under socialist competition 'and" cash remuneration under socialist competition' are deleted.
4. In Paragraph 11 (1) (c), point 7 is added as follows:
'7. earnings similar to those referred to in point (a) (4), including a supplement to the average earnings; ';
5. the following words shall be added at the end of Paragraph 12 (7) (e): "and of the period counted in accordance with Section 10,"
6. Paragraph 12 (7) shall be added to the provisions of point (f), which shall read as follows:
"(f) civil service periods."
7. In Article 16, the following words are added at the end: "and with the exception of Article 23 (2) of the Act on the calculation of periods of foreign employment under Section 10."
8. in Articles 18, 56, 56a, 57, 58, 59, 60 (1), 108, 113 to 120, 126, 141, 146, 157, 158, 161, 164 and 166, the words "national committee," "national committee," "national committee," "national committees," "national committees" and "national committees" shall be replaced by the words "competent authority," "competent authority," "competent authority," "" competent authorities, "" "competent authorities" and "competent authorities."
9. Article 24 (1) (b) reads as follows:
"(b) training in vocational training,"
10. Paragraph 37 shall be added to paragraph 6:
"(6) The placement of a child in an institution (establishment) for such children shall not be considered as a period of interruption of the child's stay in an institution (establishment) during a school holiday which lasts for a full calendar month. ';
11. Article 44 (1) reads as follows:
"(1) Czechoslovak citizens who have been seconded by a central government authority abroad to carry out activities for an international organisation shall be regarded as experts abroad. '
12. Article 44 (5) is added as follows:
"(5) Paragraph 10 does not apply to experts abroad."
13. Paragraph 51 is deleted.
14. in Paragraph 56a (1), the second sentence shall be deleted.
15. in Article 60 (2), the words "the National Committee" shall be replaced by the words "the institution."
16. in Paragraph 61 (1) (a), the following words are added at the end: "for example, lawyers and commercial lawyers, 76)."
17. the following words shall be added at the end of Paragraph 61 (1) (b): "and unless they carry out at the same time the other activities referred to in this paragraph."
18. in Paragraph 63 (1), the second sentence is deleted.
19. In Paragraph 63 (2), the following sentences shall be added at the end: "Where a self-employed person submits an application for security in the cases referred to in the previous sentence, the first day of the calendar month following the calendar month in which the application for security was lodged shall be deemed to be the day of commencement of service. Where the self-employed person has not submitted an application for security for the reasons set out in the first sentence, it shall be deemed to be the day following the date on which the reasons for such a request were dropped. ';
20. In Paragraph 63 (4), the following sentence is inserted after the first sentence: "If a self-employed person is suspended from carrying out his activity, 77) he shall be required to submit an application for exemption from security."
21. Article 63 (5) reads as follows:
"(5) Applications and applications shall be submitted on the forms laid down to the competent social security authority. A self-employed person shall submit an application and a check-in for the cooperating persons within the time limits referred to in the preceding paragraphs. On the death of a self-employed person, the co-worker shall lodge the check within eight days of the date of death; However, if the business activity referred to in the marketing authorisation and the rights and obligations arising from the business activity are not extinguished by the death of the entrepreneur, 78) the co-operating person shall submit the check within three months of the date of death of the self-employed person. '
22. Paragraph 63 shall be added to paragraph 6:
"(6) The self-employed person shall indicate in the security application whether he is already involved in sickness and pension insurance for another reason; the self-employed person referred to in Article 61 (1) (b) shall also be required to indicate whether he is simultaneously engaged in other activities referred to in Article 61 (1). ';
23. In Paragraph 64 (3), the following words are replaced by a semicolon at the end of the period: "unless otherwise determined by the self-employed person, the amount of premiums in this case shall be the same as the premium paid for the month in which the security arose."
24. § 64 is added to paragraph 5:
"(5) Insurance is not payable
(a) where the entitlement to sickness benefit has been established after the termination of the security either within a period of protection or during the period during which the self-employed person receives sickness or monetary assistance in the maternity sector; or
(b) for the period during which the sickness benefit was received after the cessation of security, where entitlement to the benefit was acquired during the period prior to the date of cessation of entitlement to self-employment. "
25. Paragraph 66 repeals paragraph 3 and paragraph 4 becomes paragraph 3.
26. in Article 72 (3), the words "Paragraph 12 (7)" shall be replaced by the words "at the time of the duration of the security under this Part, shall not be excluded from the calendar year of the period referred to in Article 12 (7)."
27. § 72 is added to paragraph 6:
"(6) In order to increase the retirement pension provided for in Section 23 of the Act, replacement periods are also included in the period of employment if the self-employed person is a member of social security. '
28. in Paragraph 110 (1), the following paragraph 2 is inserted after paragraph 1:
"(2) A spouse of a soldier who receives a pre-employment allowance, 79) a pre-employment allowance (§ 119) or an allowance during the period of preparation for employment (§ 120) shall be considered to be an occupational allowance for the purpose of the provision allowance if such allowance exceeds the allowance."
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
29. in § 124 (3), the first sentence is deleted from the word "special."
30. Paragraph 125 (5) shall be deleted.
31. In the first sentence of Paragraph 127, the words "25 Cds' are replaced by the words" 30 Ccs, if a citizen is placed in an institution with a year-round stay, and 25 Ccs, if a citizen is placed in an institution with a week-long stay '.
32. In Paragraph 136 (3), the words "national committee 'are replaced by the words" institution'.
33. in Paragraph 139 (2) (o), the words "teaching and specialised vocational training" shall be replaced by "and otherwise."
34. In Article 140 (2), "780 Kčs' is replaced by" 830 Kčs', "880 Kčs' and" 1100 Kčs'.
35. in Article 146 (c), the words "for experts of an organisation for which an expert is employed and, in other cases, an intermediate body (organisation)" shall be replaced by "for experts abroad sending an authority."
36. Paragraph 146 (f) is deleted.
37. in § 146 (g), the word "special" shall be deleted;
38. In Paragraph 151 (1), in the sentence, the first words "to the competent pension authority through the national committee 'shall be replaced by the words" to the institution which decides on pension benefits, through the competent authority' and in the sentence, the second words "to the national committee 'shall be replaced by the words" to the institution'.
39. in Paragraph 152 (1), the words "competent authority" shall be replaced by the words "competent authority which decides on benefits" and the words "authority."
40. In Paragraph 152 (3), the words "national committee 'are replaced by the words" institution'.
41. In Article 153 (7), the words "the Pension Insurance Office or the National Committee, whichever of these institutions' are replaced by the words" the institution which 'and the words "the National Committee' are replaced by the words" the institution '.
42. In Article 154 (4), the words "to the competent pension authority 'are replaced by the words" to the authority competent to decide on pension benefits'.
43.
The underlying decision
(1) A decision of a body other than the body competent to decide on the pension benefit shall be considered as a basis for the decision of the authority responsible to decide on the statutory entitlement to the pension benefit if it has been issued after the application for such a benefit has been lodged.
(2) The decision of a body other than the body competent to decide on the pension benefit, which is the basis for the decision of the institution responsible to decide on the pension benefit, is contained in the benefit decision. "
44. In Paragraph 164 (3), the words "authority of the National Committee 'are deleted.
45. Article 175 (3) and (4) shall be added as follows:
"(3) To the extent and under the conditions laid down in the provisions in force before 1 May 1990, the evaluation shall be carried out before that date:
(a) periods of employment for seasonal and campaign workers;
(b) the duration of the activities of experts abroad; However, the duration of the activities of experts abroad which began before that date and which shall continue continuously until the end of that period after 30 April 1990 shall be assessed in accordance with those rules until after 30 April 1990.
(4) To the extent and under the conditions laid down by the provisions in force before 1 July 1990, the period of employment of lawyers shall be assessed before that date. "
46. Annex 3 to Decree No 149 / 1988 Coll. is replaced by a new Annex 3, the text of which is set out in the Annex thereto.
In § 145a (2) of Decree No. 128 / 1975 Coll., implementing the Social Security Act, as amended by Decree No. 164 / 1979 Coll. and Decree No. 149 / 1988 Coll., the following words are added at the end: "and except for the earnings referred to in § 11 (1) (c) (7) of Decree No. 149 / 1988 Coll., as amended."
This Decree shall take effect on 1 July 1990, with the exception of Article I (30), which shall take effect on 1 October 1990.
Minister:
Miller v. r.
Annex to Decree No. 260 / 1990 Coll.
Annex 3 to Decree No. 149 / 1988 Coll. including the title reads:
"Annex 3 to Decree No 149 / 1988 Coll.
Disability in which a child can be recognised as having a long-term severe disability requiring special care or special care particularly demanding
The recognition of a child as a long-term severely disabled requiring exceptional care or special care particularly demanding under § 37 of the Decree is based on
(a) the degree of disability of the child, which seriously affects the development of the child or one of its components (physical, mental, social); and
(b) the need, scope and complexity of emergency childcare provided, or particularly difficult care resulting from the overall health status and degree of disability of the child.
In particular, the following shall be considered as having serious adverse effects on the development of the child or on any of its components:
1. Musculoskeletal disorders:
(a) diseases and disorders of the musculoskeletal system with severe impairment during long-term treatment or time-consuming rehabilitation (e.g. severe forms of scoliosis - angle according to Cobb above 70 °, morbus Perthes, severe luxation of hip joints),
(b) severe chronic connective tissue disease (e. g. dermatomyositis, rheumatoid arthritis with severe functional impairment).
2. Mental disease:
(a) idiocy;
(b) imbecility;
(c) severe instability;
(d) severe mental illness and recurrent or chronic conditions requiring increased supervision (e. g. psychosis during intensive treatment, mental anorexia with persistent cachexia).
3. Nervous diseases:
(a) severe central nervous system involvement, including heredodegenerative diseases and perinatal conditions with recurrent or chronic disease, in particular those threatening the child's progression (e. g. congenital CNS defects, cerebral palsy, CNS metabolic disease),
(b) nervous system disorders with severe functional impairment,
(c) uncompensated binge disease of any etiology with frequent frequency of large-type seizures (GM) for permanent treatment and severe functional consequences,
(d) severe voice and speech disorders, severely limiting the overall development of the child and grossly disrupting social adaptation (e.g. hotentotism).
4. Sensual Diseases:
(a) complete or practical absence of vision (to be evaluated with glasses correction);
(b) the lack of visibility of a heavy degree requiring training in facilities for such children until the end of compulsory education;
(c) complete or practical deafness requiring training in facilities for such children until compulsory schooling is completed.
5. Circular disease:
a) heart disease hemodynamically significant (functionally according to NYHA III. - IV.) requiring cardiotonic treatment,
(b) post-cardiac conditions until post-operative rehabilitation is completed;
(c) severe arrhythmias.
6. Respiratory disease:
(a) severe respiratory diseases with acute attacks threatening the life of the child (e.g. severe forms of bronchial asthma),
(b) severe chronic respiratory insufficiency of any origin (e.g. due to pulmonary fibrosis, cystic degeneration).
7. Urinary disease:
(a) urinary tract disease at chronic renal insufficiency (e.g. severe forms of chronic pyelonephritis, chronic glomerulonephritis),
(b) post-extensive reconstructive operational procedures on the urinary tract to clinical presentation.
8. Gastrointestinal disorders:
severe, chronic gastrointestinal disease (liver, biliary tract, pancreas, small and colon) requiring long-term adherence to a strict individual therapeutic and dietary regimen (e. g. ulcerative colitis, Crohn 's disease, chronic active hepatitis).
9. Metabolic Disorders:
(a) severe metabolic disorders requiring a special diet to prevent the development of an own, otherwise severe disability, into clinical treatment (e. g. malabsorption syndrome, phenylketonuria),
(b) type I diabetes mellitus requiring special diet and insulin administration.
10. Endocrine diseases:
severe endocrine disorders, threatening the development of the child (e. g. severe forms of hyperthyroidism, hypercorticalism, hypomacrocalism).
11. Haematological disease:
(a) severe haematopoietic, haematocoagulation and haemostasis disorders;
(b) haemoblastosis with manifest symptoms of clinical disorder,
(c) severe immune disorders requiring intensive treatment and a permanently disabling child.
12. Tumour diseases:
severe forms and types of tumours with significant functional disorders.
13. Congenital cleavage of the face and mouth:
cleavage, jaw and hard palate, until a good working state of the orofacial system is achieved.
14. Skin disease:
severe skin diseases, especially their generalized forms (e. g. severe atopic eczema, epidermolysis bullsis).
15. Infections:
chronic infectious diseases and their follow-up (e.g. AIDS, severe tuberculosis, syphilis, disease disease).
16. State of major accidents and operations:
(a) particularly gastro-intestinal and uropoetic tract requiring long-term dietary and hygienic care (e.g. artificial outcome of any kind until completion of comprehensive treatment and adaptation to sanitary aids),
(b) the consequences of severe accidents or CNS damage affecting the child's functioning and development. ';
76) Act of the Czech National Council No. 128 / 1990 Coll., on advocacy. Act of the Slovak National Council No. 132 / 1990 Coll., on advocacy. Act of the Czech National Council No. 209 / 1990 Coll., on commercial lawyers and legal assistance provided by them.
77) For example: § 7 of Act No. 128 / 1990 Coll. § 7 of Act No. 132 / 1990 Coll. § 9 of Act No. 209 / 1990 Coll.
78) § 12 (2) of Act No. 105 / 1990 Coll.
79) § 23 et seq. of Decree No. 195 / 1989 Coll., on the security of workers in organisational changes and citizens before taking up employment.
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Regulation Information
| Citation | Decree No. 260 / 1990 Coll., amending and supplementing Decree No. 149 / 1988 Coll., implementing the Social Security Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.1990 |
|---|---|
| Effective from | 01.07.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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