Act No. 269 / 1949 Coll.
Act amending and supplementing the National Insurance Act
Valid
Effective from 01.01.1950
269.
Law
of 19 December 1949
amending and supplementing the National Insurance Act
The National Assembly of the Czechoslovak Republic decided on the following Act:
The Act of 15 April 1948, No. 99 Coll., on National Insurance, is amended as follows:
1. Paragraph 3 is added to the following paragraph 5:
"(5) The Minister for Labour and Social Welfare may, by regulation, lay down in general that, for the purposes of national insurance, certain activities shall be regarded as employment in employment and, at the same time, adjust, by way of derogation, the scope and conditions of the insurance and the manner in which it is carried out; for individual groups, these measures may be made by the Ministry of Labour and Social Welfare in agreement with the competent central authorities of the administrative measures. ';
2. Paragraph 6 is added to the following paragraph 3:
"(3) The Ministry of Labour and Social Welfare may adjust the insurance of members of standard uniform agricultural cooperatives and of standard folk production cooperatives, in particular as regards the beginning of the effectiveness of sickness insurance, by way of derogation from the rules otherwise in force."
3. Paragraph 36 (1) reads as follows:
"(1) Employees insured under Paragraph 2 (1) (a) who are unfit for work shall be entitled to sick leave from the date on which they are no longer entitled to pay (service, salary, benefits), no later than the 40th day of incapacity for work. The sickness allowance shall be granted for the period of incapacity for work, but not more than 365 days from the date of establishment (support period). '
4. Paragraph 37 (1) and (2) reads as follows:
"(1) The self-employed person (§ 4) who is unable to work for a disease belongs to the sick person from the 40th day of incapacity for the duration of the illness. In the first 42 days of incapacity for work, that person shall be entitled to sickness only if the operation of his undertaking is stopped. The support period shall last a maximum of 365 days, counting from the date of incapacity for work.
(2) The working member of the family (Section 5) who is unfit for work for the disease is entitled to sickness from the 40th day of incapacity for a period of not more than 365 days from the date of incapacity (support period). "
5. the following paragraph 2 shall be added to Paragraph 40, the provisions of which are renumbered paragraph 1:
"(2) The period of incapacity for work for which the insured person was not entitled because he was entitled to pay shall be considered as the period during which sickness benefits were granted when calculating the support period referred to in paragraph 1. The same shall apply mutatis mutandis to the counting of the first 42 days of incapacity under Paragraph 37 (1) and (2). '
6. Paragraph 44 (2) reads as follows:
"(2) An insurance undertaking belonging to one of the groups referred to in § 2 (1) (a) to (c) or § 2 (2) (a), which has been insured for at least 270 days in the last two years before birth, shall be entitled to sickness benefit equivalent to 18 weeks in which the birth took place, has not been carried out in the last two years in which the work setting up compulsory insurance or is not dependent on sickness insurance. This period is reduced by the period during which the insured person is entitled to pay (service, salary, benefits) due to maternity. Paragraph 36 (4) shall apply mutatis mutandis. '
7. Paragraph 55 is added to paragraph 7 of the following text:
"(7) The methods and conditions for the provision of medical services in establishments shall be adapted by the Ministry of Labour and Social Welfare in an agreement with the Ministry of Health and after hearing a unified trade union organisation; in so doing, it may derogate from paragraph 1. ';
8. Paragraph 64 (5) reads as follows:
"(5) The right to this pension shall not apply where the spouse receives a pension under § 62, 63, 65 or 66 or a pension from a public pension scheme."
9. Paragraph 92 (3) reads as follows:
"(3) If the pensioner has earnings and exceeds the total of the pension and earnings after the conversion to the year 42.000 CZK, the pension shall be reduced by half the amount by which the total exceeds the total of the 42.000 CZK, but not more than half the earnings. This provision shall not apply to accident pensions. '
10. the following provisions shall be added at the end of Paragraph 121 (1):
"The Ministry of Labour and Social Welfare may, by decree in the Official Gazette, determine the maturity of the premiums either in general or for certain groups of payers by way of derogation from the previous provisions, where this is justified by a mandatory adjustment of the economic periods or economic circumstances. At the borders of each administrative district, a similar derogation may be granted by the Central National Insurance Corporation in agreement with the relevant senior interest organisation. ';
11. Paragraph 131 and its title read as follows:
Limitation of benefits for non-payment of insurance premiums.
If insurance has not been paid for the insured persons referred to in § 4 and § 5, the premiums due shall be paid with the pension benefits which have been contested by the payee or by the cooperating members of his family; However, if the pensioner is needed, he shall be paid at least 700 CZK a month from his pension. '
12. Paragraph 137 reads as follows:
(1) The State complements the pension reserve and the sickness insurance security fund (§ 203) in such a way that their total corresponds to the situation as established on 31 December 1949, including the share capital.
(2) The state of the pension and sickness insurance reserves referred to in paragraph 1 shall be determined by the Government. The claims of the Central National Insurance Corporation arising from the obligation of the State to contribute to national (public) pension insurance or to provide remuneration under the Act of 13 December 1945, No 156 Coll., on the contribution to pensions from public social insurance, and under the Law of 30 January 1947, No 17 Coll., on the recognition of rights acquired with foreign social insurance holders, unless they are included in the amount specified in the previous sentence, shall cease. ';
13. Paragraph 138 (1) shall be added to Article 138 (c) (d) of the following text:
"(d) in limestone and dolomite mining plants, provided that they are operated by a national mining undertaking and that mining takes place by mining."
14. Paragraph 151 is renumbered paragraph 2 and paragraph 1 and the title of the following text are added before it:
Special arrangements in sickness insurance.
(1) The Government may, by regulation, determine that the provisions on sickness insurance for pensioners also apply to pensioners under the Law of 18 July 1946, No 164 Coll., on the care of military and war victims and war victims and fascist persecution, and, in the case of other persons covered by that Act, to adjust the sickness insurance benefits granted to those persons and to set the premium rates (basis of assessment) and the method of payment thereof. The provisions of Sections 27 to 31 and 59 of Act No 164 / 1946 Coll. 'shall be deleted from the date of the entry into force of the Regulation issued pursuant to the previous sentence.
15. Paragraph 175, paragraph 2, becomes paragraph 3 and paragraph 3, paragraph 2, shall be added to the following paragraph 4:
"(4) Certain national insurance tasks may also be performed by the competent authorities of a single trade union. What tasks they are, and the way they are carried out, shall be laid down by the Ministry of Labour and Social Welfare by a decree in the Official Journal."
16. Paragraph 193 is renumbered paragraph 1 and paragraph 2 is added as follows:
"(2) In order to deepen health care, health care facilities of the Central National Insurance and Public Health Administration are generally grouped in a single working unit; in particular, the ambassadors of the Central National Insurance Corporation and the National Health Institute (their advisers) shall, as a general rule, be brought together in a health centre. ';
17. Paragraph 196 (1) reads as follows:
"(1) The licensing authority shall, on a proposal from an insurance undertaking, require a doctor who shall conduct a separate medical practice in the district of the national insurance undertaking to provide medical assistance in accordance with Section 195 (1) in its territory, provided that the doctor does not have serious grounds for doing so. The Office may also specify the type, place and extent of the activity of the health care professional for the insurance undertaking. ';
18. the following paragraph 3 is added to Paragraph 196:
"(3) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to other health services (§ 197 (5))."
19. Paragraph 198 and its title read:
The ratio of the insurance company to the state medical and nursing institutions.
(1) State treatment and treatment institutes in which treatment is provided in accordance with Article 28 shall accept, on a written voucher, the insurance undertaking or its doctor for the treatment of the person entitled to it and shall provide it to them for as long as their medical condition so requires. The voucher does not need to be given if it is a contagious disease within the meaning of the rules in force on the control of communicable diseases or on protective measures against tuberculus or if it is life-threatening.
(2) State professional medical and nursing institutions in which special medical treatment is provided pursuant to Paragraph 29 are obliged to take care of persons who have been authorised by the insurance undertaking.
(3) Paragraph 12 of the Act of 19 July 1948, No 185 Coll., on the nationalisation of medical and nursing institutions and on the organisation of state constitutional medical care remains unaffected.
(4) State treatment and nursing institutions shall notify the insurance undertaking of the acceptance and release of the treated person within 3 days.
(5) State medical and nursing institutions shall also provide outpatient treatment to insured persons and family members under the conditions laid down by the Ministry of Health in agreement with the Ministry of Labour and Social Welfare and after hearing the Central National Insurance Agency.
(6) The central national insurance undertaking shall not reimburse the State for the costs of treating persons under paragraphs 1, 2 and 5.
(7) State treatment and treatment institutes may not require and enforce treatment costs or any additional charges on persons treated under previous provisions, or on persons under maintenance obligations against them or on survivors; legal acts contrary to this provision shall be void. ';
20. Paragraph 199 and its title read:
The ratio of the insurance company to the state spa.
(1) Paragraph 198 (2) applies mutatis mutandis to the provision of special medical treatment at the public spa.
(2) Special medical care expenses which have been paid to insured persons and family members in accordance with paragraph 1 in a public spa shall be borne by the insurance undertaking at the rates set by the Ministry of Health in agreement with the public authority planning after hearing the Central National Insurance Corporation. On a proposal from the Central National Insurance Corporation, the Ministry of Labour and Social Welfare may specify, in agreement with the Ministry of Health and Finance, a different method of remuneration, in particular an aggregate amount. '
21. Paragraph 202 is deleted.
22. Paragraph 210 (1) is deleted and the other paragraphs are renumbered accordingly.
23. Paragraph 248 (2) shall be deleted and the other paragraphs shall be renumbered accordingly.
24. Paragraph 272 reads as follows:
"(1) Pending the entry into force of the provisions of this Law on sickness insurance of persons referred to in Article 2 (1) (b) and (c), such persons shall be granted, if they are engaged in an agricultural or forestry activity, and their family members in an accident at work in those undertakings, benefits in kind for sickness insurance under Article 27, 28 and 34. The Central National Insurance Corporation may, in so far as they are not covered by the provisions of Section 76 (1) of the Act, in cases of special consideration, also in whole or in part compensation for accidents at work provided for in Sections 77 to 88 of the Act.
(2) A premium shall be paid for the benefits referred to in paragraph 1 at an amount to be determined by the Ministry of Labour and Social Welfare by a decree in the Official Journal. ';
25. Paragraph 279 (2) reads as follows:
"(2) The provisions on pension insurance shall become effective on 1 October 1948. The provisions on sickness insurance of persons referred to in § 2 (1) (a), (d) and (e) shall become effective on 1 October 1948. The provisions on sickness insurance of persons referred to in Paragraph 2 (1) (b) and (c) shall take effect on a date to be determined by the Government by the Regulation; In so doing, the government may determine this effectiveness gradually for the different groups of such insured persons and adjust the method of insurance and the scope and conditions for entitlement to benefits, as well as the level of premiums by way of derogation from the provisions of this Law. ';
The Act of 23 March 1949, No. 90 Coll., on family allowances, is amended as follows:
1. Paragraph 14 and 15 read as follows:
(1) The holder of rights and obligations under this Act is the Central National Insurance Company. The Central National Insurance Corporation shall manage and charge the income and expenditure related to family allowances with the participation of the Special Panel, separately from other matters within its field of competence.
(2) The relationship of the Panel of Experts with the other authorities of the Central National Insurance Corporation and the details of its competence are laid down by the Government by regulation.
(3) Save as otherwise provided for in that law or in a government regulation issued pursuant to paragraph 2, the national central insurance undertaking shall be subject to the applicable national insurance rules in matters governed by that law.
The rights and obligations of the Family Benefits Fund shall be transferred to the Central National Insurance Corporation. ';
2. Paragraph 19 (2) shall be deleted;
3. Where the Family Allowances Fund is referred to, this means the Central National Insurance Company.
(1) Article I, No 1, takes effect on 1 October 1948. Measures taken so far in matters covered by that provision shall be deemed to have been taken by right.
(2) Article I concerning the sickness insurance of self-employed and cooperating members of the family shall take effect on a date to be determined by the Government by the Regulation referred to in Article I, Article 25.
This Act shall take effect on 1 January 1950, unless its individual provisions result in a different beginning of effectiveness; It shall be carried out by the Minister for Labour and Social Welfare in agreement with participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Erban v. r.
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Regulation Information
| Citation | Act No. 269 / 1949 Coll., amending and supplementing the National Insurance Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.1949 |
|---|---|
| Effective from | 01.01.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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