Act No. 261 / 2001 Coll.
Act on the provision of one-off money to participants in the national struggle for liberation, political prisoners and persons for racial or religious reasons concentrated in military labour camps and amending Act No. 39 / 2000 Coll., on the provision of one-off money to members of Czechoslovak foreign armies and Allied armies between 1939 and 1945
Valid
Law
Effective from 26.07.2001
Text versions:
01.01.2014
26.07.2001
Contents
261
THE LAW
of 10 July 2001
on the provision of a one-off amount of money to participants in the national struggle for liberation, political prisoners and persons for racial or religious reasons concentrated in military labour camps and amending Act No. 39 / 2000 Coll., on the provision of a one-off amount to members of Czechoslovak foreign armies and Allied armies between 1939 and 1945
Parliament has decided on this law of the Czech Republic:
(1) The Act applies to citizens of the Czech Republic who fulfil the conditions set out in § 1 (1) (c) to (f), § 2 and § 2 of Act No. 255 / 1946 Coll., on members of the Czechoslovak army abroad and on certain other participants in the national struggle for exemption, and have been issued a certificate thereof pursuant to § 8 of the Act cited, or who have a document replacing this certificate, hereinafter referred to as "a participant in the national struggle for exemption." A Czech citizen who fulfils the conditions set out in § 1 (1) (1) (a) of the cited Act is also a participant in the national struggle for liberation if he was a member of the Czechoslovak army corps in the Soviet Socialist Republic Union and served there for less than three months, but together with the service of a member of the first Czechoslovak army in Slovakia his military service lasted at least three months.
(2) The Act also applies to widows or widower after a participant in the national struggle for liberation if they are citizens of the Czech Republic whose marriage lasted at the time of the participation of the spouse in the national struggle for liberation or if, because of the impossibility of marriage, it was concluded by 31 December 1945 at the latest and whose spouse either fell or died at any time thereafter; The law also applies to widows and widows when they are citizens of the Czech Republic who have entered into a new marriage and to children whose parents as participants in the national struggle for liberation fell or one of the parents as a participant in the national struggle for liberation fell and the other of the parents no longer lived at that time, unless they reached the age of 18 on the date of death of the later parent (hereinafter referred to as "children").
(3) Under this law, citizens of the Czech Republic who, from 15 March 1939 to 8 May 1945, were, for racial or religious reasons, concentrated in military labour camps in the territory of Czechoslovakia on its borders of 29 September 1938 or for the same reasons, were hiding in that territory for a total period of at least three months, and if they had not received a one-off cash amount under Act No. 217 / 1994 Coll., on the provision of a one-off cash amount to certain victims of Nazi persecution.
(4) The condition of citizenship of the Czech Republic shall be deemed to be fulfilled if the citizenship continues on the date of the application for a lump sum.
(1) The Act also applies to citizens of the Czech Republic who were imprisoned between 25 February 1948 and 1 January 1990 and for whom the decision on their imprisonment was wholly or partly annulled under Act No. 119 / 1990 Coll., on judicial rehabilitation, as amended, or under Act No. 198 / 1993 Coll., on the illegality and resistance of the Communist regime ("political prisoner").
(2) The law also applies to widows and widower of the persons referred to in paragraph 1 if they are citizens of the Czech Republic whose marriage has lasted for the entire duration of the imprisonment, or if they were created during their imprisonment and their husband died at any time thereafter; The law also applies to widows and widower when they are citizens of the Czech Republic who have entered into a new marriage.
(3) The condition of citizenship of the Czech Republic shall be deemed to be fulfilled if the citizenship continues on the date of the application for a lump sum.
(1) A participant in the national fight for liberation, widows or widows and children referred to in Article 1 (2), or a political prisoner and widows and widows referred to in Article 2 (2), are authorised persons (hereinafter referred to as the "beneficiary") who are entitled to a lump sum (hereinafter referred to as "claim").
(2) Entitlement must be applied by written application to the authority responsible for the decision by 31 December 2002 at the latest, otherwise entitlement shall cease.
(1) The authorised person referred to in § 1 (1) and (2) shall submit a certified copy of the certificate issued pursuant to § 8 of Act No. 255 / 1946 Coll., or, where appropriate, the documents which replace or certify this certificate, or a certified copy of the certificate issued pursuant to § 5 of the Act No. 34 / 1946 Coll., defining the term of the Czechoslovak Partisan and other certified documents certifying entitlement, if the authority responsible for issuing the decision so invites, or the decision on the total or partial revocation of the decision on their imprisonment.
(2) If the beneficiary is a widow or widower, he shall submit a marriage certificate.
(3) The total duration of participation in the various types of national exemption fight pursuant to § 1 (1) (1) (c) to (f), § 2 and § 2 of Act No. 255 / 1946 Coll., is added. The total duration of participation in the Czechoslovak Army Corps in the Union of Soviet Socialist Republics, if it was less than three months, shall be added to the total period of service in the first Czechoslovak army in Slovakia and the amount of time thus added to the total duration of participation in the national struggle for liberation.
(4) The overall period of imprisonment is added up in political prisoners. In a partial change to the judgmental court order, only the difference between the punishments carried out on the basis of the original judgment and those laid down by the appropriate penalties or penalties newly imposed.
(1) The amount of a one-off amount of money for a participant in a national struggle for participation in a national fight for liberation lasting at least 1 year is CZK 120,000. For each additional month of participation in the national fight for liberation, the amount of the one-time cash amount is increased by CZK 1 000.
(2) The amount of a lump sum for political prisoners in prison for more than 1 year is CZK 120,000. For each additional month of imprisonment, the amount of a lump sum is increased by CZK 1,000.
(3) The amount of a lump sum for a participant in a national fight for exemption for a national fight for exemption of less than 1 year, lasting at least three months or at least two months in the case of a service in a guerrilla unit as a Czechoslovak guerrilla under the special legislation1) amounts to CZK 60,000.
(4) The amount of one-off money for political prisoners in prison of less than 1 year, but lasting at least 3 months, is CZK 60,000.
(5) If the beneficiary proves that, in the national struggle for exemption, the participant in the national struggle for exemption has been injured and, as a result of this injury, he has been granted a full invalidity pension, partial invalidity pension, invalidity pension or pension allowance, the amount of a lump sum of CZK 120,000.
(6) The provisions of paragraph 5 shall apply only if the beneficiary does not benefit from the amount referred to in paragraph 1.
(7) The amount of the one-off amount referred to in paragraphs 1 to 6 shall always be half of the amount for the widow or widower after the participant in the national struggle for liberation or after the political prisoner and the children referred to in Article 1 (2). If a participant in the national struggle for liberation or a political prisoner in the national struggle for liberation has fallen or on which the death penalty has been carried out or who died during imprisonment, the amount of the lump sum for the widow or widower and the children referred to in § 1 (2) 120 000 CZK.
(8) The facts referred to in paragraph 5 shall be demonstrated by the person entitled by means of an invalidity pension or an addition to a pension issued under Act No. 164 / 1946 Coll., on the care of military and war damages and victims of war and fascist persecution. They may also be demonstrated by a decision to grant an invalidity pension (full invalidity pension) or a partial invalidity pension issued under national, social or pension insurance legislation.
The Czech Social Security Administration decides on the claim, the amount of the lump sum and its payment to the beneficiary. In cases where a pension pension is paid by a social security institution of members of the armed sil2) or armed corps, that authority shall be the competent authority for decision.
(1) Proceedings under this Act shall be initiated on the basis of a proposal from the authorised person.
(2) Where a claim has not been decided upon or where a lump sum has not been paid, the entitlement is transferred to its heir in the event of the death of the beneficiary.
(3) The Administrative Rules shall apply to proceedings under this Act unless otherwise provided for in this Act. (3)
(4) An appeal may be brought against the decision of the institution referred to in Article 6 before the Supreme Court, in whose territory the general court of the beneficiary is situated.
Proceedings under this Act shall be exempt from fees.
The cost of a lump sum shall be borne by the State.
Amendment to Act No. 39 / 2000 Coll., on the provision of one-off cash amount to members of Czechoslovak foreign armies and Allied armies between 1939 and 1945
Act No. 39 / 2000 Coll., on the provision of one-off cash amount to members of Czechoslovak foreign armies and Allied armies between 1939 and 1945 is amended as follows:
1. In Paragraph 1 (2), the words "or, because of the impossibility of marriage, was concluded by 31 December 1945 at the latest," shall be inserted after the words "in the national struggle for liberation."
2. In Paragraph 3 (1), the words "of which there is a clear service in the foreign army which is decisive for the claim 'are added after the words" certifying entitlement'.
TRANSITIONAL PROVISIONS
The right of widows or widows to provide a lump sum under Act No. 39 / 2000 Coll., to grant a lump sum to members of Czechoslovak foreign armies and Allied armies between 1939 and 1945, as amended by § 10 (1) of Act No. 261 / 2001 Coll., must be applied in the form of a written request to the authority responsible under Act No. 39 / 2000 Coll. to decide and pay a lump sum by 31 December 2002 at the latest, otherwise the claim shall cease.
EFFECTIVE
This Act shall take effect on the day of its publication.
Klaus v. r.
Havel v. r.
v. Špidla v. r.
1) Act No. 34 / 1946 Coll., defining the term Czechoslovak guerrilla.
2) Article 9 of Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended.
3) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations), as amended.
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Regulation Information
| Citation | Act 261 / 2001 Coll., on the provision of one-off cash amount to participants in the national struggle for liberation, political prisoners and persons for racial or religious reasons concentrated in military labour camps and amending Act 39 / 2000 Coll., on the provision of one-off cash amount to members of Czechoslovak foreign armies and Allied armies between 1939 and 1945 |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.07.2001 |
|---|---|
| Effective from | 26.07.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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