Decree No. 28 / 1965 Coll.
Government decree on exceptional pension provision for certain working pensioners
Valid
Effective from 05.04.1965
28
GOVERNMENT DECLARATION
of 24 March 1965
on the exceptional provision of pensions to certain working pensioners
The Government of the Czechoslovak Socialist Republic provides, pursuant to § 58 of Act No. 101 / 1964 Coll., on Social Security, and § 96 of Act No. 103 / 1964 Coll., on Social Security of Cooperative Farmers:
Entitlement to an old-age pension at work (cooperative work)
Entitlements on old-age pension at work
A worker who is employed after being entitled to an old-age pension from the pension of workers or cooperative peasants or from the pension of self-employed persons shall be entitled to an old-age pension.
(a) after the age of 65,
(b) after reaching the age of 60, if there is an old-age pension from the first working category or a full old-age pension from a woman's employment or work in a single agricultural cooperative;
old-age pension is granted to workers in all these cases up to the amount
1000 CZK per month, if they are employed in the first working category,
800 CZK per month, if they are employed in the second working category,
600 CZK per month, if they are employed in the 3rd working category,
(c) even if the conditions laid down under (a) and (b) are not met, if the old-age pension does not exceed 400 Ccs per month and the worker's gross earnings do not exceed 800 Ccs per month.
Entitlements on old-age pension for work in the single agricultural cooperative
A co-worker, *) who works in a single agricultural cooperative after entitlement to an old-age pension is granted this pension
(a) up to a maximum of 1000 CZK per month where entitlement to an old-age pension arises from the pension of workers or after 30 June 1964 from the pension of members of single agricultural cooperatives with a higher level of management;
(b) up to 600 CZK per month, where an old-age pension is entitled to the pension of cooperative peasants designated by the pension belt, * *)
(c) in full if the entitlement to an old-age pension is derived from the pension insurance of self-employed persons.
Pension entitlements for campaign, seasonal and other short-term work
(1) An old-age, widower and orphan pension pension pension (insurance) which would not be paid or reduced to a maximum of 120 working days for employment or work in a single agricultural cooperative shall be granted at an unchanged rate if the pensioner is temporarily employed (temporarily employed in a cooperative) for a period of no more than 120 working days and if the employment is administrative, no more than 60 working days, provided that the pensioner has not actually worked in such employment (work) in the calendar year more than that number of working days. The condition is that the pensioner is engaged in campaign, seasonal, high-end, impact or relief work which cannot normally be carried out by workers employed (employed) in the establishment (cooperative) throughout the year. The number of days worked includes the days for which the pensioners were sick.
(2) The pensioners referred to in the preceding paragraph shall also be entitled to an unchanged pension if they are employed (employed) with a working allowance of such a small size that they do not exceed 400 working hours in a calendar year.
(3) The total duration of all the work referred to in paragraph 1 must not exceed 120 working days in the calendar year. Where the pensioner has carried out both the work referred to in paragraph 1 and the work referred to in paragraph 2 in the same calendar year, each day in which the work referred to in paragraph 2 was carried out shall be treated as one working day; the total duration of all work in this case may not exceed 120 working days in the calendar year and, if only administrative work, more than 60 working days.
(4) For the period of employment referred to in the preceding paragraphs, the pensioner shall be paid instead of child allowance.
A plant (single agricultural cooperative) which has recruited a pensioner to perform campaign, seasonal or other short-term work shall be obliged to state in the report of the social security authority the circumstances showing whether it is work in which the pensioner is subject to benefits under § 3 and shall be liable under the rules in force for damage caused by undue payment of the pension if the pensioner is not entitled to such benefits. * * *)
Entitlements on pensions in respect of work carried out by citizens under an agreement on employment with a socialist organisation or in respect of the provision of certain services and repairs on the basis of permission from the National Committee
If a pensioner operates under an agreement on working activities concluded with a socialist organisation or provides services or repairs on the basis of a national committee's approval, his pension shall not, for this reason, be withdrawn or reduced.
Common and final provisions
(1) For the period of employment (work) during which an old-age pension is granted, entitlement to that pension is not increased.
(2) The beneficiary may, in the cases referred to in paragraphs 1 to 3, choose the place of payment of the pension to increase the pension entitlement. In the cases referred to in Sections 1 and 2, the choice made may not be changed before the expiry of three months; in the cases referred to in Article 3, the pensioner may at any time request that he be entitled to an old-age pension instead of a pension. The period of employment (work) shall be assessed to increase pension entitlement in all these cases in accordance with the general rules from the day following the end of the period for which the monthly pension payment has already been made.
For the period during which the old-age pension is payable under § 1 to 3, the pension is paid even if the old-age pension is payable at that time.
The provisions of this decree also apply to pension beneficiaries paid by the authorities of the Ministry of National Defence and Interior.
The period of time for which the pensioner took up campaign, seasonal or other short-term work after 31 December 1964, in which the benefits under the existing rules on the exceptional provision of pensions to certain working pensioners have been taken into account in the period of employment (work) referred to in Section 3, taking into account the nature of the work performed.
Government Decree No. 106 / 1964 Coll., on the exceptional provision of pensions to certain working pensioners, is hereby repealed.
This decree shall take effect on the day of its publication.
Lenárt v. r.
*) cooperative also means a citizen who is permanently working in a cooperative and is not a member of or is not in employment with him (§ 2 of Act No. 103 / 1964 Coll.)
* *) if the recipient of such a pension is working on a cooperative that has not been recognised as a cooperative with a higher level of management, the pension is already due to the amount of up to 600 CZK according to § 49 of Act No. 103 / 1964 Coll.
* * *) the obligation of the establishments (single agricultural cooperatives) to keep records and report for social security purposes and the obligation to replace the wrongly paid benefits is laid down in Sections 89 and 139 of Act No. 101 / 1964 Coll., Section 118 of Law No. 103 / 1964 Coll. and Sections 123 to 132 of Decree No. 102 / 1964 Coll.
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Regulation Information
| Citation | Decree No. 28 / 1965 Coll., on the exceptional provision of pensions to certain working pensioners |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.04.1965 |
|---|---|
| Effective from | 05.04.1965 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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