Decree No. 268 / 1990 Coll.
Decree of the Federal Ministry of Labour and Social Affairs amending and supplementing Decree No 76 / 1957 of the Ú. l., on the transition from incapacity to invalidity (partial invalidity)
Valid
Effective from 01.09.1990
268
DECLARATION
Federal Ministry of Labour and Social Affairs
of 25 June 1990
amending and supplementing Decree No 76 / 1957 of the Ú. l., on the transition from incapacity to invalidity (partial invalidity)
The Federal Ministry of Labour and Social Affairs provides in an agreement with the Ministry of Health and Social Affairs of the Czech Republic and the Ministry of Health and Social Affairs of the Slovak Republic pursuant to § 51 (4) of Act No. 54 / 1956 Coll., on sickness insurance for employees, as amended by Act No. 180 / 1990 Coll., and under § 144 of Act No. 103 / 1964 Coll., and on the security of cooperative peasants in illness 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.:
The Decree of the Ministry of Health, the Central Council of Trade Unions and the State Social Security Office No 76 / 1957 Ú. l, on the transition from incapacity to invalidity (partial invalidity) is amended as follows:
1. In Section 1, the words "under Act No. 55 / 1956 Coll., on Social Security 'are deleted.
2. In Paragraph 2, the following words are added at the end of the sentence: "if it has not disappeared before."; the second sentence is deleted.
Article 3 (4) and (5) read:
The medical condition of an incapacitated worker shall be assessed by the competent authority for the purposes of recognising invalidity or partial invalidity.
(1) The decision that an incapacity worker is disabled or partially disabled shall be notified to the staff member and shall also be notified to the medical advisory board which initiated the assessment of the staff member's health. At the time of notification of the decision, the staff member shall be advised to apply as soon as possible for the invalidity (partial disability) pension, taking into account the cessation of the sickness pay provided for in Section 8.
(2) If the competent authority concludes that the staff member unable to work is neither disabled nor partially disabled, it shall communicate his opinion to the staff member and to the medical advisory board which initiated the assessment of the staff member's health. A decision shall not be taken in such a case. ';
4. Article 6 (1) reads as follows:
"(1) An appeal may be brought against the decision referred to in Article 5 (1), which shall be decided upon after examination of the health status of the staff member unable to work. '
5. In Section 7, the words "Social Security Department '," Regional Assessment Board', "State Health Administration Bodies'," Trade Unions' and "Social Security Authorities' are deleted.
6.
(1) If the staff member has been recognised as disabled or partially disabled in the proceedings provided for in paragraphs 3 to 6, the competent authority shall, irrespective of the legal power of the decision referred to in paragraph 5 (1), issue a decision suspending the payment of the sick leave after one month from the date of the decision to stop the payment of the sick leave.
(2) Where a staff member who is unable to work has lodged an appeal against a decision pursuant to Paragraph 5 (1) which has been recognised as invalid (partly disabled) and claims that he is neither disabled nor partially disabled, such an appeal shall have suspensory effect for the decision to suspend the payment of the sickness. If the appeal authority does not comply with this appeal, the sickness payment shall be suspended from the day following the date on which the decision on appeal was given, but not before the period referred to in paragraph 1 has expired.
(3) Where a staff member who is unable to work has lodged an appeal against a decision pursuant to Paragraph 5 (1) which has been recognised as invalid (partly disabled) and seeks another degree of invalidity, such an appeal shall not have suspensory effect for the decision to suspend the payment of the sickness. The sickness pay shall be stopped in this case after the period referred to in paragraph 1 has expired.
(4) If the period of support resulting from Article 15 (3) or Article 15 (4) of the Act were to expire before the periods laid down in the preceding paragraphs, the sickness payment shall cease from the day following the end of the period of support. '
7. the following Section 9a is inserted after Section 9:
The provisions of this decree shall apply mutatis mutandis to cooperative peasants. '
This Decree shall take effect on 1 September 1990.
Minister:
Miller v. r.
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Regulation Information
| Citation | Decree No. 268 / 1990 Coll., amending and supplementing Decree No. 76 / 1957 Ú. l., on the transition from incapacity to invalidity (partial invalidity) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.1990 |
|---|---|
| Effective from | 01.09.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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