Government Decree No. 30 / 1950 Coll.
Regulation on transfers between public pension schemes and national (public) pension schemes and public pension schemes
Valid
Effective from 01.10.1948
30.
Government Regulation
of 7 March 1950
on transfers between the public pension scheme and the national (public) pension scheme and transfers in the public pension scheme.
The Government of the Czechoslovak Republic orders, pursuant to § 7 (3) of Act No. 99 / 1948 Coll., on National Insurance (hereinafter referred to as "the Act"), and pursuant to Article 7 (3) of the Act No. 99 / 1948 Coll. In Act No. 70 / 1948 Coll., on the Unification of Certain Regulations in Public Social Insurance:
Range.
(1) This Regulation regulates the rights of persons,
(a) which have been insured under the National Pension Insurance Regulations (former public pension insurance) and which have become public servants (Section 7 (1) and (2) of the Act);
(b) whose claims under the public pension scheme have ceased to exist other than by death or payment of the severance grant;
(c) which, after transfer between two employers, remained a public servant if they were entitled to a pension under the national pension scheme or to a retirement pension (provision) under the public pension scheme after 30 September 1948.
(2) The provisions of this Regulation also apply to professional military persons.
Transfers from national (public) pension insurance to public pension provision.
(1) Persons who have transferred from national (public) pension insurance to a public pension scheme shall be counted against the period applicable to the entitlement to and the period of the retirement pension.
(a) insurance acquired in national pension insurance and former public pension insurance (Section 267 (2) of the Act);
(b) the incapacity for work in which the insured person was entitled to sickness insurance benefits [Paragraph 61 (2) (d) of the Act];
(c) previously included in a public pension scheme.
(2) The periods of insurance and the replacement period shall be taken into account in full to the staff members set up with a service salary (without education) of up to 72.000 CZK per year and to members of the armed corps. Staff over 72.000 CZK per year shall be counted in full only if their total does not exceed 20 years; Only four-tenths are counted from over time.
(3) The calculation shall be made on the date on which the insured person became a public employee, on a retroactive basis on the date of service of the appointment decree and, if applicable, on the date of the appointment decision. However, if national (public) pension insurance at a later date, it shall be set off on the date on which the insurance ceases; If an old-age or invalidity pension has been granted from that insurance, the pension shall be set off on the date on which the entitlement to the pension expires.
(4) At the date of set-off, entitlement to national (public) pension benefits shall cease, with the exception of claims for compensation for accidents at work at the time of insurance.
(5) If a staff member who has been set up retroactively or his survivors are entitled to a retirement pension (provision) salary from a public pension scheme, the amounts already paid to them in the same period shall be credited to him.
Transfers from public pension provision to national (public) pension insurance.
(1) Persons whose rights under the public pension scheme have expired [Paragraph 1 (1) (b)] are counted as periods of national (public) pension insurance,
(a) which, in the public pension arrangements, was attributable to them for the calculation of the rest (provision) salaries;
(b) previously obtained in national (public) pension insurance.
(2) The period during which the retirement (provision) salaries from the public pension scheme have been paid shall be considered as a replacement period during which recurring national insurance benefits have been paid [Paragraph 61 (2) (e) of the Act].
(3) The period referred to in paragraph 1 shall also be set off where entitlement to the payment of service benefits to a staff member who is unable to work at a time when the conditions for the granting of a retirement allowance are not yet fulfilled.
(4) The calculation shall be made on the date of the termination of the pension claim.
(5) The duration of the public pension scheme (paragraph 1 (a)) is assessed when determining the entitlement to national pension benefits as if the employee had been compulsory under the pension scheme for private employees in higher services. However, the period between 1 July 1920 and 31 December 1928 shall always be counted in the service class XVI and before 1 July 1920 in the service class VI.
Transfers between two holders of public pension arrangements.
(1) Persons who, after transfer between two employers, have remained public servants shall be counted against the period applicable to the entitlement to and the period applicable to the resting (provision) salaries and to their remuneration.
(a) the entire period attributable to public pension arrangements;
(b) the period of insurance or the replacement period already obtained in national (public) pension insurance according to the principles set out in Section 2.
(2) The calculation shall be made on the date of entry into a new employment.
Common provisions on transfers.
(1) The period of insurance and the replacement period covered by the period of public pension provision shall not be taken into account. The periods covered only count once.
(2) For transfers from a public pension scheme to national (public) pension insurance and vice versa, as well as transfers from a public pension scheme, no sum of premiums (transfer amounts) shall be issued.
Insurance.
(1) The supplementary institution of which the insured person was a member before becoming a public employee shall transfer its premium reserve to the Central National Insurance Corporation on the date of transfer, which shall apply it to its supplementary pension insurance.
(2) If the amount transferred is not sufficient to cover a fixed old-age or invalidity pension of at least 600 CZK per year, the staff member shall be surrendered.
The rate of sickness insurance for appointment retroactively.
If the nature of the staff member's employment relationship with the same employer changes retroactively and the staff member becomes entitled to a service salary (income) for at least one year, the rate of sickness insurance insurance (Section 117 (2) of the Act) shall be adjusted on the date of receipt of the appointment decree if the change has been notified to the district national insurance undertaking within 7 days of that date. If that period has not been maintained, the rate shall be adjusted from the first day of the calendar month following the notification of the change.
Notification obligation.
(1) If a transfer from national (public) pension insurance to a public pension scheme has taken place, the Central National Insurance Corporation is obliged to notify the employer, at his request, within 6 months of its delivery of the employee's personal data and the total period of insurance, including the replacement period of incapacity in which the insured person was entitled to sickness insurance benefits.
(2) If the claims arising from a public pension provision cease to exist, the employer is obliged to notify the Central National Insurance Corporation, at its request, within 6 months of its delivery of the employee's personal data, of the period which may be counted under the provisions of Section 3 and of the other factors applicable to the assessment of benefits under the law.
(3) If there is a transfer of a public employee between two holders of a public pension scheme, the former employer shall, at the latter's request, notify the new employer of the personal data of the employee within 6 months of its delivery and of the time taken to comply with the provisions of § 4.
Transitional provisions.
(1) The amounts issued under the rules on social security transfers (arrangements) before the application of this Regulation remain with the holder of the insurance (arrangements) which has accepted them. However, claims from pension insurance or public pension measures shall already be assessed under this Regulation.
(2) Save as otherwise provided for in this Regulation, the provisions governing the obligation for holders of public pension insurance, supplementary pension schemes and employers of persons exempt from the insurance obligation to issue payment amounts for claims in excess of the measure under the general rules on public pension insurance shall remain without prejudice to transfers before 1 October 1948. Reimbursement amounts issued for the effectiveness of this Regulation shall be interest of 4% from the date of the transfer obligation to the date of the voucher.
(3) The employer of a person who, before 1 October 1948, was last in employment exempted from the insurance obligation under the rules on public pension insurance, shall surrender the amount of remuneration received under paragraph 2 to the Central National Insurance Corporation. The remuneration with interest until 30 September 1948 shall be used by the Central National Insurance Corporation for supplementary insurance with effect from 1 October 1948 (§ 6).
(4) Paragraph 3 shall apply mutatis mutandis to the use of the amount paid by the staff member before 1 October 1948 to supplement the transfer amount to the amount needed to set off the entire period.
(5) If, before the publication of this Regulation, a public servant has been set up retroactively and, therefore, the retirement of pension insurance and the reimbursement of the premiums for the period from the date of the retroactive provision, this condition shall be maintained. This also applies to national sickness insurance, even if the period laid down in Section 7 has not been maintained before the publication of this Regulation.
This Regulation shall enter into force on 1 October 1948; they shall be carried out by the Minister for Labour and Social Welfare in agreement with participating members of the Government.
Zaporocký v. r.
Erban v. r.
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Regulation Information
| Citation | Government Decree No. 30 / 1950 Coll., on transfers between public pension schemes and national (public) pension schemes and on transfers in public pension schemes |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.03.1950 |
|---|---|
| Effective from | 01.10.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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