Act No. 32 / 1957 Coll.
Law on sickness care in the armed forces
Valid
Effective from 01.09.1957
32
Law
of 4 July 1957
on sickness care in the armed forces.
The National Assembly of the Czechoslovak Republic decided on the following Act:
INTRODUCTORY PROVISIONS
Personal extent of medical care in the armed forces
(1) The participants in the armed forces ("the participants") are:
(a) professional soldiers ("soldiers"),
(b) non-military pupils ("students of military schools");
(c) members of the security corps 1)
(2) Disability care in the armed forces (hereinafter referred to as "sickness care") covers, to the extent specified below, members of the family of the participants, if they are not themselves participants under this law or if they are not insured or secured under other regulations; does not apply to family members of basic service soldiers and soldiers in reserve called for military active service.
Family members
(1) The following shall be considered family members under this Act:
(a) spouse;
(b) children until completion of compulsory education;
(c) children from the end of compulsory education to the age of 26, provided that they are continuously trained or studied for a future occupation or are permanently incapacitated for illness or physical or mental illness;
(d) a spouse (type) who has been living with a participant in the household for at least 3 months.
(2) They shall also be considered as members of the family if they are mainly dependent on the participant by nutrition:
(a) shelters, grandchildren and siblings until the end of compulsory education;
(b) shelters, grandchildren and siblings from the end of compulsory education to the age of 26, provided that they are continuously trained or studied for a future occupation or are permanently incapacitated for illness or physical or mental illness;
(c) parents, grandparents, father-in-law and mother-in-law,
(d) a nurse or a daughter, if he leads a widowed or divorced participant in his household and looks after at least one of his children at the age until the end of compulsory education.
(3) The former spouse of the participant shall also be considered a member of the family if the participant has a maintenance obligation against him.
The creation and disappearance of participation in sickness care
(1) The participation of soldiers and members of the Security Corps in sickness care is due to take place on the day of the entry into force of an active service in the armed forces or of a service in the Security Corps and to expire on the day of discharge of an active service or of termination of service.
(2) In the case of pupils in military schools, participation in sickness care is incurred on the date of entry into and exit from the military school.
Establishment and duration of entitlement.
Withdrawal period
(1) Sickness benefits are payable to participants and their members of the family if the conditions applicable to their provision are met at the time of the
(a) participation in sickness care;
(b) for which the participant receives sickness or monetary assistance in maternity;
(c) withdrawal periods.
(2) The withdrawal period is 7 days after the cessation of participation in sickness care (§ 4); However, if the participant was last in sick care for a shorter period, the withdrawal period shall be as many days as the last in sick care. For women whose active duty has ended during pregnancy, the withdrawal period shall be 6 months.
(3) The provisions on the withdrawal period shall not apply to participants who are entitled to benefits under the Staff Regulations or other Regulations following the cessation of participation in sickness care.
(4) Persons who live abroad for reasons other than service are not entitled to sickness care.
PREVENTIVE AND SUSTAINABLE WATCHES
Preventive and medical care is planned, organised, managed and controlled within the limits of their competence by the Ministry of Finance, Defence and Interior by their health services (hereinafter referred to as the "health services'). As established and operated by the medical facilities of the armed forces and the Security Corps, the Finance, Defence and Interior Ministers shall determine.
The health services authorities shall be entitled to take all measures necessary to ensure preventive and medical care in the armed forces and in the security corps; may in particular order:
(a) compulsory medical examinations and diagnostic tests;
(b) compulsory reporting of certain diseases or other factors relevant to the provision of preventive and therapeutic care;
(c) the implementation of collective preventive and therapeutic measures as well as anti-epidemic measures;
(d) compulsory treatment of certain diseases.
_
Summary of doses
The sickness benefits are:
(a) sick persons,
(b) maternity allowance;
(c) compensation for pregnancy and maternity,
(d) a contribution to the funeral of a soldier.
Benefits in kind
Sickness and cash sickness benefits
Sickness
(1) The sick leave is for an occupational soldier or a member of a security corps who has been recognised as being unfit for service if the incapacity for service persists for more than the period laid down in the special legislation; (2) during the spa treatment, the sick leave is after the period of incapacity for service specified in the sentence before the semicolon, provided that such treatment is provided outside the period of leave.
(2) Disability shall be granted on calendar days following the expiry of one month of incapacity to serve until the end of the incapacity to serve or the recognition of invalidity or partial invalidity under the rules issued pursuant to Paragraph 32 (3). However, the sickness allowance shall be granted no later than the end of one year after the beginning of the incapacity for service (hereinafter referred to as the "support period '). The Ministry of Finance, Defence and Interior may exceptionally extend the support period by a maximum of 12 months if, on the basis of the opinion of the Medical Commission, it is possible to expect an occupational soldier or a member of the Security Corps to acquire the ability to serve at that time. If the period of support of an occupational soldier who is entitled to compensation for more than one month is extended, he shall not be entitled to sick leave until 12 months after his incapacity for service has elapsed.
(3) A professional soldier or a member of a Security Corps recognised as unfit shall also be entitled to sickness during the first 3 calendar days of incapacity for service.
(4) In the case of a new incapacity to service, the previous incapacity period shall also be included in the support period if it falls within one year before the emergence of a new incapacity to service. However, those periods shall not be counted:
(a) if, since the end of the last incapacity to serve, the service has lasted at least 6 months; or
(b) where a new incapacity for service has been caused by an injury or other accident in connection with the performance of a service or occupational disease.
In addition, the previous period of incapacity for work caused by injury or other accident in connection with the performance of a service or occupational disease shall not be counted.
(5) A member of the Security Corps who is a beneficiary of an old-age or full-time disability pension shall be granted sick leave in the same incapacity for service for a maximum period of 81 calendar days and for several incapacity for service for 81 calendar days in one calendar year; This restriction does not apply if incapacity for service is caused by an occupational accident or illness.
(1) The sickness allowance is determined on the average amount per calendar day of the monthly salary due at the time of incapacity for service. The average amount per calendar day shall be adjusted for the calculation of sick leave, so that 90% of the amount up to CZK 550 is calculated, 60% of the amount up to CZK 790 is calculated and no account shall be taken of the amount above CZK 790. The average amount per calendar day shall be adjusted for the calculation of the compensatory allowance in pregnancy and maternity and monetary assistance in maternity (cash assistance), so that the amount of up to CZK 550 is calculated in full, from an amount of CZK 550 to CZK 790 is calculated 60% and no account is taken of the amount of CZK 790. The average amount per calendar day adjusted according to the second sentence and the third shall be rounded up to the whole crown.
(2) The Government shall, by regulation of 1 January, increase the amounts referred to in paragraph 1 or the amounts referred to in paragraph 1 as last increased by the Government's regulation if the conversion rate for the adjustment of the general assessment base for the purposes of pensions (3), as last established by the Government's regulation, is greater than 1; the increase shall be determined by multiplying those amounts by the coefficient indicated in the part of the sentence before the semicolon and the resulting amounts shall be rounded up to the nearest ten crowns.
(3) The amount of sickness benefit to which entitlement was acquired before 1 January of the calendar year from which the amounts referred to in paragraph 1 were last increased and that entitlement is maintained at least on that date shall be adjusted without application from that date on the basis of the new amounts.
(4) The amount of sick leave per calendar day is rounded up to the full crown.
Paragraph 17 (2) and (3) shall not apply for 2004 and 2005 and for 2008.
(1) The amount of sick leave per calendar day, if due to sickness under Article 16 (1) and (2), shall be:
(a) 66% of the average amount per calendar day up to the 60th calendar day of incapacity for service;
(b) 72% of the average amount per calendar day from the 61st calendar day of incapacity for service.
(2) The amount of the sickness allowance per calendar day, if due to the sickness referred to in Article 16 (3), is 25% of the average amount per calendar day by the third calendar day of incapacity for service.
Common provisions on occupational income in sickness and sickness
(1) Entitlement to an occupational income in sickness and sickness does not have an incapacity for duty
(a) intended to avoid the performance of the service; or
(b) caused by participation in a fight; or
(c) as an immediate consequence of its drunkenness or misuse of narcotic drugs; or
(d) in committing an intentional offence for which the law provides for a custodial sentence whose upper limit exceeds one year.
(2) In such cases, up to three quarters of the sick leave may be paid to family members of an occupational soldier or a member of the Security Corps; an occupational soldier or a member of the Security Corps who does not have family members may, in the cases referred to in paragraph 1 (b), (c) and (d), be paid aid up to half of the sick leave.
(1) The Ministers of Defence and Interior shall, by mutual agreement, lay down the formalities for non-professional soldiers and pupils of military schools in their incapacity for service and lay down the means of security provided that temporary incapacity to work for sickness or accident is maintained or obtained within a period of time and is not secured under other rules.
(2) Persons who have suffered harm in connection with the activities of the armed forces or security corps may be granted exceptionally sick if they are not insured or secured under other regulations. The finance, defence, interior and justice ministers shall determine the details.
Military funeral allowance
(1) If a soldier or member of a security corps died outside the time of the state's armed emergency in a place where he was present for service reasons and which is not his permanent residence, the competent department will provide, on request of the survivors, the necessary expenses for a simple metal-encased casket and the payment of fees and charges for transport to the place of burial by a funeral car and at a very long distance from the cost.
(2) At the request of the survivors, the deceased soldier will be given a simple burial at the crew's place by a unit. The performance referred to in the preceding paragraph shall not in this case.
COMMON PROVISIONS ON NON-EMPLOYMENT RESOURCES
Exemption
The sickness benefits are not taxed.
Invalid legal proceedings
(1) Arrangements to the detriment of participants and their family members or survivors which are contrary to this law are null and void.
The provisions of Act No. 54 / 1956 Coll., on the sickness insurance of employees, shall apply mutatis mutandis to the limitation of benefits, the transfer of entitlement, the obligations of participants and other authorised persons, the change and reimbursement of benefits, the payment of benefits abroad and the enforcement of decisions in batch and other matters of sickness care. The finance, defence, home and justice ministers shall lay down the details, who shall also be responsible for the management of sickness care.
PROVISIONS COMMON, TRANSITIONAL AND FINAL
(1) The cost of sickness care is borne by the State.
(1) The Ministry of Finance, Defence, Home Affairs and Justice is in charge and control of sickness care.
(2) The provision of sickness care benefits is provided by the Ministry of Defence for Soldiers, the Ministry of Finance for members of the Customs Administration of the Czech Republic, the Ministry of Interior for members of the Czech Police and the Fire Department of the Czech Republic and the Ministry of Justice for Members of the Czech Prison Service; the provision of such benefits to intelligence officers.
(1) The Ministry of Finance, Defence, Home Affairs and Justice shall, in agreement with each other, issue implementing provisions specifying in particular:
(a) as determined by the service income and the net daily income, as well as any changes in the service income incurred during incapacity to service shall be taken into account in calculating sickness and maternity allowance;
(b) how entitlement to and payment of individual cash benefits is applied;
(c) which previous periods of insurance are included in the active service referred to in Article 23 (3).
(2) The Ministry of Finance, Defence, Home Affairs and Justice shall, in agreement with the Ministry of Health, issue regulations on:
(a) who, and in what way, decides on incapacity for service or other facts justifying entitlement to cash requirements in sickness and cash benefits, and on how corrective proceedings are carried out against such decisions;
(b) how the incapacity for service or other facts referred to in (a) is reported and certified and what the obligations of doctors, departments and participants are, in so doing,;
(c) which rules are required to be maintained by participants receiving cash benefits.
(3) The Ministry of Finance, Defence, Interior and Justice shall issue provisions on the transition from incapacity to service under this Act to invalidity (partial invalidity) under the provisions on social security measures of members of the armed forces.
Ministers of Finance, Defence, Interior and Justice are entitled to take measures to eliminate the hardships that would arise in the implementation of this law.
(1) The State authorities, as well as budgetary and economic organisations, are required to comply, within the limits of their competence, with requests from the armed forces and the Security Corps in matters of sickness care and to provide them with a free communication for its implementation and administration.
(2) Medical facilities shall be required to notify in writing, within three days, the competent service of the admission of a soldier or a member of the Security Corps to constitutional treatment and the release thereof.
The financial requirements and benefits granted in the course of the provision of sickness care between 1 January 1957 and the date on which this Act takes effect shall be deemed to have been granted under it.
(1) All provisions on matters governed by this Act, in particular Act No. 236 / 1948 Coll., on Military Disability Care, and Government Decree No. 74 / 1953 Coll., on the insurance of members of military divisions working in companies of the Socialist sector, as amended by Government Decree No. 84 / 1953 Coll.
(2) Where there is talk of military sickness care in other regulations, this means sickness care under this law.
This Act shall take effect on 1 September 1957; It shall be carried out by national defence and interior ministers.
Zaporocký v. r.
Fierlinger v. r.
Broad v. r.
General Colonel Lomská v. r.
Bark v. r.
1) Act No. 361 / 2003 Coll., on the service ratio of members of the Security Corps.
2) Paragraph 68 (3) (b) of Act No. 221 / 1999 Coll., on professional soldiers. Article 129 (5) of Act No. 361 / 2003 Coll.
3) Paragraph 17 (4) of Act No. 155 / 1995 Coll., on Pension Insurance.
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Regulation Information
| Citation | Act No. 32 / 1957 Coll., on sickness care in the armed forces |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.07.1957 |
|---|---|
| Effective from | 01.09.1957 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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