Act No. 33 / 1957 Coll.
Law on Social Security for Armed Forces
Valid
Effective from 01.09.1957
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33
Law
of 4 July 1957
on social security measures for members of the armed forces.
The National Assembly of the Czechoslovak Republic decided on the following Act:
INTRODUCTORY PROVISIONS
Purpose of the law
The People's Democratic Republic shall provide social assistance to members of the armed forces after the service in the armed forces and to the family members of such persons. This provision, made possible by the successful development of the national economy, complements the social security system in the Czechoslovak Republic, taking into account the special conditions of the armed forces service and contributes to increasing our country's defensibility.
Personal Range
(1) This law applies to:
(a) members of the armed forces of the profession;
(b) members of the other professional armed forces in the branch of the Ministry of Interior;
(c) members of their families.
(2) The Government shall determine the extent to which the provisions of this law apply to officers on standby called for active duty, to other members of the armed forces, and to the members of the family of such persons.
(3) Where this Act further refers to professional soldiers and armed forces, the persons referred to in paragraph 1 (a) and (b) and their service shall be understood as such.
Content of social measures
(1) Social measures by members of the armed forces are pension measures and social care.
(2) The following benefits are granted under pension schemes:
1. pensions:
(a) service;
(b) invalidity and partial invalidity,
(c) widower,
(d) widower,
(e) orphans,
(f) spouses,
(g) personal;
2. education;
3. raising pensions for helplessness.
PENSION MEASURES
Basic provisions
Charging time
(1) For the pension entitlement and its amount, the following shall be applicable:
(a) period of service in the armed forces (including basic service) from 9 May 1945;
b) period of service in Czechoslovak foreign units during World War II,
(c) period of service in Allied armies during World War II,
(d) period of service in guerrilla troops during World War II,
e) the period of service in the I. Czechoslovak army in Slovakia,
(f) service in the Red Army;
(g) the duration of service in the International Brigade in Spain; and
(h) the period of persecution for active resistance activity spent in prisons and concentration camps during the period of infreedom.
(2) National Defence and Interior Ministers shall determine which periods, but not earlier than 19 years of age, are to be counted as surrogates in which the periods referred to in paragraph 1 are to be counted in an increased manner and what length of the allowance referred to in paragraph 1 is the condition for entitlement to a pension.
Pension basis
(1) Pensions, with the exception of the survivors' pensions, shall be assessed on the basis of the pension.
(2) The pension base shall consist of the average gross monthly service income over the last three years up to the amount of CZK 2.000 and one third of the amount by which this income exceeds CZK 2.000. The pension base may not exceed CZK 3,000.
(3) If the service of an occupational soldier is terminated before the age of 55 for medical reasons, the pension base shall be calculated on the average gross monthly service income for the last year if it is higher than the average gross monthly service income for the last three years; the other provisions of paragraph 2 shall also apply in this case.
(4) The Ministers for National Defence and Interior shall lay down the details, in particular the formalities to be included in the pension base.
Benefits
Pension
Conditions of entitlement
(1) The service pension belongs to an occupational soldier who has been discharged from the armed forces after at least 20 years of deductible period (Section 4) and has reached the age of at least 45 years; for an efficient flyer, this age limit is reduced to 40 years.
(2) An occupational soldier made redundant after 20 years of deductible period, exceptionally between 40 and 45 years of age (an executive flyer made redundant before the age of 40) may receive a retirement pension.
Amount of retirement pension
(1) The service pension of an occupational soldier who was discharged before the age of 55 is 35% of the pension base; In addition, 1% of the pension base for each year over 40 years of age, achieved by the professional soldier on the day of release, is added.
(2) After the age of 55, this pensioner is entitled to a pension of 60% of the basic amount of the pension; for the 21st and every subsequent year the deductible periods at the date of release shall be added to the basic pension rate of 2% but not more than 30% of the pension base. The same applies to the amount of the service pension of an occupational soldier who was dismissed after the age of 55.
(3) The retirement pension referred to in paragraph 2 may not exceed 2000 Cds (for executive flyers 2200 Cds) per month. The Government may, by regulation, increase these amounts.
Adjustment of retirement pension in special cases
(1) An occupational soldier and a pensioner under 55 years of age who have been declared a loss of military rank under Paragraph 46 of the Criminal Act or who have been deprived of rank under the relevant law shall not receive a pension (withdrawn); If an occupational soldier (pensioner) is over 55 years old, the pension may be reduced.
(2) Persons whose pension has been adjusted in accordance with paragraph 1 may be wholly or partly forgiven for the reduction or withdrawal of (non-recognition) pension and may be granted a full legal notice if they have demonstrated their work for the company to atone for facts which were the reason for the reduction or withdrawal of (non-recognition) pension, or if they bear witness to other reasons worthy of special consideration.
(3) The pension shall be reduced to 55 years of age by half to an occupational soldier who has been released before that age, at his own request, without any special consideration and whose release is not in accordance with the interests of the armed forces.
(4) In the employment of the beneficiary of a pension, his pension shall be reduced by the amount by which the sum of the pension and earnings exceed the amount determined by the government; for persons over 55 years of age, the government shall adjust the amount of pension and social security entitlements in a similar manner to those of employed old-age pensioners under the Social Security Act. The government may also provide that the service pension is paid at the original (unabridged) amount, where the beneficiary of the service pension is employed in a particular field of work, or, where appropriate, may provide for a reduction in the pension, in particular to executive airmen by way of derogation. The government may lay down further details.
(5) If the beneficiary of a pension in accordance with Paragraph 7 (1) has not been employed in employment or otherwise active in the socialist sector at the time of his dismissal from the armed forces until the age of 55 without any special consideration, he shall be entitled to a pension in accordance with Article 7 (2).
(6) The details of the provisions of the preceding paragraphs will be adapted by the Ministers for National Defence and Interior.
Invalidity and partial disability pension
Conditions of entitlement
(1) An invalidity or partial invalidity pension belongs to an occupational soldier who has been discharged for medical reasons for service in the armed forces and is disabled or partially disabled.
(2) The principles for assessing invalidity and partial invalidity are laid down by the Government. The details, in particular the method of assessing invalidity (partial invalidity), shall be laid down by national defence and interior ministers in agreement with the President of the State Social Security Office.
Amount of invalidity and partial invalidity pension
(1) The basic amount of the invalidity pension is 65% if the invalidity occurred directly in connection with the performance of the service, or 50% of the pension base. In the 16th and every subsequent year, the allowance is added to the basic invalidity pension rate of 2% of the pension base. The invalidity pension shall not exceed 90% of the pension base.
(2) The amount of the partial invalidity pension is 45% if the partial invalidity is directly linked to the performance of the service, or 35% of the pension base.
(3) Paragraph 7 (3) applies mutatis mutandis.
Allocation of periods of service in the armed forces, change of pension
(1) The periods referred to in Paragraph 4 (1) are counted as periods of employment for the transition to civil employment for the pension entitlement and its amount under Act No. 55 / 1956 Coll., on social security, such as periods of employment in the first working category.
(2) If the beneficiary of a service or invalidity pension has so requested, who has entered employment in employment or has become a member of a single agricultural cooperative with a common management (III. and IV.) or a member of a production cooperative, the place of retirement under this law shall be determined according to the pension rules (insurance); In so doing, at his request, this pension shall be calculated from the pension base under this law.
(3) The details are laid down by the Ministry of National Defence and Interior in an agreement with the State Social Security Office.
Pensions of survivors
General provisions
(1) Pension of widows, widower and orphans to the survivors
(a) an occupational soldier;
(b) after the beneficiary of the pension and invalidity pension.
(2) The pensions of the survivors are to be assessed
(a) an invalidity pension to which an occupational soldier would have been entitled at the time of death;
(b) the invalidity pension (partial invalidity pension) which the pensioner enjoyed at the time of death;
(c) a retirement pension awarded after the age of 55 or a retirement pension to which a pensioner under 55 would be entitled had he reached that age.
(3) The survivors of a partial invalidity pension may be assessed in cases where the pensions of the survivors of the invalidity pension would be taken into account, to which the beneficiary of the partial invalidity pension would be entitled if he were an invalid.
A widow's pension
(1) The widow's pension is payable to the widow for one year after the death of the professional soldier (pensioner).
(2) One year after the death of an occupational soldier (pensioner), the widow's pension is payable if:
(a) is an invalid (Section 9 (2)); or
(b) care for at least one child entitled to an orphan's pension; or
(c) raise at least three children; or
(d) has reached the age of 45 and raised at least two children; or
(e) has reached the age of 50 years; or
(f) her husband died as a result of an accident which he suffered in direct connection with the performance of his duty in the armed forces and the widow was at least 40 years old.
(3) Entitlement to a widow's pension shall be renewed if one of the conditions referred to in paragraph 2 is met within two years of the end of the former entitlement to the widow's pension.
(4) A widow's pension may be granted if the circumstances are of particular interest to it, also to a cooperative who lived with an occupational soldier (pensioner) until his death in the common household and was dependent on it by nutrition.
(5) Entitlement to the widow's pension shall cease to be payable; However, if one of the conditions referred to in paragraph 2 is met, the original entitlement shall be renewed on rewidowed if, after the last spouse, the claim would not be valid or would fall within a lower area.
(6) The widow's pension is 70% of the pension from which it is calculated (§ 12 (2) and (3)).
(7) A divorced woman is entitled to a widow's pension only up to the amount of maintenance payable to her by an occupational soldier.
Pension
(1) The widower's pension is for the widower of the occupational soldier (pensioner), if he is an invalid (§ 9 (2)) and has been dependent on it for the last year before the wife's death.
(2) The widower's pension is payable at the rate of the widower's pension.
Pension scheme
(1) The orphan's pension belongs to the child of the deceased professional soldier (pensioner), both own and adopted.
(2) An orphan's pension also belongs to a child if his grandfather (grandmother) or a foster parent who was an occupational soldier (pensioner) died and if, at the time of his death, the child was mainly dependent on him by nutrition.
(3) The orphan's pension is valid until the end of compulsory education. The orphan's pension shall then be for the child up to the age of 25 if:
(a) is continuously prepared by the prescribed training or study for its future occupation; or
(b) is permanently incapacitated for illness or physical or mental illness.
(4) If a child is entitled to several orphans' pensions, he is entitled to only one and the highest.
(5) The orphan's pension on a unilateral basis for an orphan child is a quarter, the orphan's two-sided child is the half of the pension from which it is calculated (Section 12 (2) and (3)). The orphan's pension on a unilateral basis for an orphan child shall be at least 120 Kns per month, with a double-sided orphan child of at least 240 Kds per month. If there are two or more children, the orphan's pension shall not be less than the proportion of the invalidity allowance per child.
Other benefits
Wife's pension
(1) The spouse of an occupational soldier or a pensioner's pension shall be entitled to the pension of a pensioner, an invalid and a partial invalid if he has become an invalid or has reached the age of 65 and is not employed or benefits from a pension under the pension scheme (insurance, insurance).
(2) A spouse's pension may also be granted to a spouse who is dependent on his or her maintenance on an occupational soldier (pensioner).
(3) The pension of the wife is 100 CZK a month.
(4) Entitlement to the pension of a spouse does not cease to be married.
Personal pension
(1) Professional soldiers who have been specifically responsible for the construction of the armed forces or who have shown exceptional valor, dedication and courage in combat, or who have suffered from them, may receive a personal pension from national defence and home affairs ministers. The government can set out the details.
(2) A personal pension replaces other pensions from pension provision (insurance, insurance).
Retirement allowance
(1) The tuition fee is payable to each child (§ 15 (1) to (3)) of a pensioner's pension, an invalid, a partial invalidity and a personal pension. The education allowance does not apply to a child who is entitled to an orphan's pension or to whom the child allowance is payable (as provided for in the legislation on the material security of members of the armed forces). It is also not for a child who is not entitled to a child allowance because the staff member has not fulfilled the conditions laid down.
(2) The tuition fee is monthly
| při důchodu | na 1 dítě | na 2 děti | na 3 děti | na 4 děti | na 5 dětí |
|---|---|---|---|---|---|
| Kčs | Kčs | Kčs | Kčs | Kčs | Kčs |
| do 1400 | 70 | 170 | 430 | 690 | 950 |
| nad 1400 | 70 | 170 | 400 | 640 | 880 |
With multiple children, the amount of education due to a pensioner is increased to 5 children per month
o 260 CZK on retirement up to 1400 CZK; and
o 240 CZK on retirement over 1400 CZK.
(3) The tuition fee is monthly
| při invalidním důchodu | na 1 dítě | na 2 děti | na 3 děti | na 4 děti | na 5 dětí |
|---|---|---|---|---|---|
| Kčs | Kčs | Kčs | Kčs | Kčs | Kčs |
| do 1400 | 120 | 260 | 480 | 700 | 950 |
| nad 1400 | 120 | 260 | 460 | 660 | 880 |
With multiple children, the amount of the education allowance belonging to the beneficiary of the invalidity pension is increased to 5 children per month
o 260 CZK on retirement up to 1400 CZK; and
o 240 CZK on retirement over 1400 CZK.
(4) If the pensioner is also a farmer of agricultural land in an area of more than 0,5 ha (in a pasture or forage area of more than 2 ha) or lives with such a user of land in the common household as a member of the family, he shall pay the cost of:
| na 1 dítě | na 2 děti | na 3 děti | na 4 děti | |
|---|---|---|---|---|
| Kčs | Kčs | Kčs | Kčs | |
| k důchodu | 70 | 170 | 310 | 490 |
| k invalidnímu důchodu | 120 | 260 | 420 | 600 |
monthly and increases by 220 ccs for each additional child.
Paragraph 36 (2) of Act No. 54 / 1956 Coll., on sickness insurance of employees, applies mutatis mutandis.
(5) If several persons are entitled to the same child, the education is for those who are entitled to higher education and for the same amount as those previously granted. If someone is entitled to the same child's allowance under various pension arrangements (insurance, insurance), only higher education is granted.
(6) The education allowance is due until the completion of the compulsory education of the child and then under the same conditions as the orphan's pension.
(7) Where the child is under the care of a person other than a pensioner, the education allowance shall be paid to that person.
(8) Where a court designates child support, it shall also take into account the extent to which the needs of the child are met by the education provided for them; the intended maintenance is not included.
Increase in pensions (education) for helplessness
Pensions can be increased by up to half if the pensioner is permanently so helpless that he needs treatment and service by another person. An orphan's pension can only be increased for helplessness from the age of 7. Also, children over 7 can be raised by up to half if the child is permanently helpless.
Common provisions on pension arrangements
Exemption
The benefits are not taxed.
Conversion of pension rights
(1) If the conditions for entitlement to both the pension and the invalidity pension (partial invalidity pension) are met, only one of them is entitled, even higher.
(2) If the conditions for entitlement to one of the pensions referred to in paragraph 1 and for entitlement to the pension of widows or orphans are fulfilled, the pension shall be higher and from other pensions after one half.
(3) The provisions of paragraphs 1 and 2 also apply to the coexistence of pension rights under this Act and under the rules on pension insurance (insurance). However, if the conditions for entitlement to an old-age pension are fulfilled with a pensioner or a pensioner (partial invalidity pension), for the benefit of years, or for the benefit of an invalidity pension (partial invalidity pension) under the pension scheme (insurance), he shall be entitled to the right of his choice.
(4) The details are set out by the Ministry of National Defence and Interior in agreement with the State Social Security Office.
The provisions of Act No. 55 / 1956 Coll., apply mutatis mutandis, as regards the creation and termination of entitlement to the benefit, the obligations of the pensioner, the change of the benefit and its repayment, the limitation of the payment of benefits, the payment of benefits to another person, the method of payment of benefits, invalid legal proceedings and limitation periods. Details shall be provided by the national defence and interior ministers, who shall also adjust the benefit procedure.
SOCIAL WELFARE
(1) Social care under this Act includes in particular:
(a) provision for military disabled persons in a military disability,
(b) support and supplementary care;
(c) occasional social benefits.
(2) The National Defence and Interior Ministers shall determine the details.
TRANSITIONAL AND FINAL PROVISIONS
(1) Entitlements for pension benefits incurred before 31 December 1956 remain unaffected, unless otherwise provided for in this law.
(2) Save as otherwise provided for in this Law, the pension benefits granted to a pension scheme for which entitlement was acquired until 31 December 1956 shall be deemed to have been, as from 1 January 1957, the benefits provided for in that law, calculated at the rate at which they were due after the deduction of the payroll tax.
(3) National Defence and Interior Ministers shall determine which benefits are to be combined into a single benefit and which benefits under this law are to be regarded as pension benefits provided under existing legislation.
(4) On 1 January 1957, the reduction of pensions carried out under the current rules in the event of a pension conflict with earnings, with the exception of the reduction of pensions carried out under Act No. 89 / 1952 Coll., on pension arrangements of members of the armed forces, which expire on 1 September 1957.
(1) The amount of the pension granted under Act No. 89 / 1952 Coll., which did not reach the age of 55 on 1 January 1957, is adjusted from 1 September 1957 in accordance with the provisions of Paragraph 7 (1). The pension basis for this adjustment is laid down by the National Defence and Interior Ministers. After reaching the age of 55, those pensioners receive an original pension (Section 24 (2)).
(2) Paragraph 1 shall not apply to direct participants in the fight against fascism.
(3) A pensioner who, at the date of entry into force of this Act, also fulfils the conditions for entitlement to an invalidity pension shall, at his request, be granted an invalidity pension in accordance with the current rules and the amount to which he would have been subject after the deduction of the salary tax (§ 24 (2)).
(4) If, by examining the state of health, it is found that the beneficiary of the invalidity pension who was entitled under Act No. 89 / 1952 Coll., is only partially disabled, he shall be assessed from 1 September 1957 the place of the existing pension as a partial invalidity pension (Paragraph 10 (2)) from the pension base established under paragraph 1.
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Regulation Information
| Citation | Act No. 33 / 1957 Coll., on Social Measures of 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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