What is Decree No. 33 / 1962 Coll.?

Decree of the State Social Security Office No. 33 / 1962 Coll., implementing the Act on Social Security of Cooperative Farmers — Decree of the State Social Security Office implementing the Social Security Act of cooperative peasants.

When it became Decree No. 33 / 1962 Coll. effectiveness?

Decree No. 33 / 1962 Coll. became effective 01.04.1962.

Is Decree No. 33 / 1962 Coll. still valid?

Yes, Decree No. 33 / 1962 Coll. is still valid and effective.

Decree No. 33 / 1962 Coll. - Decree of the State Social Security Offi...

33

DECLARATION

State Social Security Office

of 30 March 1962

implementing the Act on social security for cooperative peasants

The State Social Security Office provides in agreement with the participating central authorities and authorities pursuant to Sections 88 and 94 of Act No. 32 / 1962 Coll., on Social Security of Cooperative Farmers (hereinafter referred to as "the Act"):

Oddíl první

Common provisions for sickness, family care and maternity assistance

§ 1

Revenue from work

(K § 10 of the Act)

(1) The following shall be considered as income from work to calculate the average daily salary:

(a) basic remuneration,

(b) the premium,

(c) compensatory allowances granted to cooperatives by cooperative or State resources, *)

(d) the value of the benefits in kind granted to a cooperative who has not yet established the remuneration.

(2) For the period from 1 April 1962 to 31 December 1963, the basic remuneration and premiums shall mean this income after deduction of the cooperative's share in the contribution to the partial reimbursement of social security costs made under the provisions in force until 31 December 1963.

(3) In kind benefits are valued at 1500 CZK for each calendar year, 125 CZK for each calendar month and 4 CZK for each calendar day.

Average daily wage

(K § 10 of the Act)

§ 2

(1) The average daily wage shall be calculated on the basis of the total of the income referred to in Paragraph 1 (hereinafter referred to as "deductible income ') settled in the cooperative during the last 12 calendar months immediately preceding the date on which the occupational incapacity arose or the cooperative ceased to work in the cooperative because of the treatment of a member of the family or when the cooperative ceased to work in the cooperative for pregnancy or maternity (hereinafter referred to as" the relevant period'); where, during the relevant period, the arrears and, where applicable, the last and previous calendar year premiums have been settled, only the surpluses and bonuses for the last calendar year shall be taken into account.

(2) In calculating the average daily remuneration of a cooperative who has completed a teaching relationship with the cooperative during the relevant period, account shall be taken only of deductible income for the period after the end of the teaching relationship, which has been accounted for as a cooperative for the work carried out at that time.

(3) If, for part of the relevant period, the cooperative did not have deductible income because he was in the armed forces or had unpaid leave or the cooperative had maternity leave, or another maternity leave (Section 21e of the Act), the average daily wage shall be determined only for that part of the period during which the cooperative worked.

(4) If the cooperative has entered or newly joined the cooperative during the relevant period, the average daily wage shall be determined for only part of the relevant period after the transfer or, where appropriate, after joining the cooperative.

(5) Where a cooperative has worked in a cooperative for less than a full calendar month for one of the reasons set out in paragraphs 2 to 4, or if he has not yet started working in a cooperative, the average daily wage paid by other cooperative members shall be determined on average for the last 12 calendar months for the same work or work of the same type.

§ 3

(1) The average daily wage shall be determined by dividing the sum of the deductible income for the relevant period or part thereof (Section 2) by the number of working days corresponding to that period, after rounding up to the full crown; However, from that number of working days, the working days for which sickness or support for the treatment of a member of the family or of a co-worker had been paid in maternity or, where applicable, other maternity leave (Section 21e of the Act), as well as working days missed for an excused obstacle to work, shall be deducted and shall be added to the working days which the cooperative missed unconditionally between the end of the relevant period and the date of entitlement to the benefit.

(2) For the calculation of the average daily pay, all days shall be considered working days which are working days according to the generally applicable rules; working days shall be equal to working days for which compensation shall be granted to workers in employment.

(3) The average daily wage, calculated in accordance with the previous provisions, shall be rounded to the nearest crown, at a penny amount of up to 50 pennies downwards and at a penny amount higher upwards.

Duration of uninterrupted activity in the same cooperative

(K § 11 of the Act)

§ 4

(1) Pending the uninterrupted activity of the same cooperative, the cooperative shall be counted as:

(a) the duration of the activity in any single agricultural cooperative, provided that the cooperative has been insured (insured) in sickness;

(b) the duration of the activity in employment or in a Member's relationship with the production cooperative or the period of service in the armed forces setting up social measures for members of the armed forces;

(c) the period of basic or similar service in the armed forces and the period of service in the Allied armies;

(d) the period of continuous preparation for the future profession prescribed by training;

(e) periods of study in secondary general education schools, in vocational or pedagogical schools, provided that they have established sickness insurance with entitlement to benefits in exchange for the wage due, *)

(f) studies at universities;

(g) period of scientific or artistic aspiration;

(h) period of professional or political training;

(ch) the duration of the activity which is set up under the special rules on sickness insurance, with entitlement to benefits for the reimbursement of the wage, unless otherwise provided for in those special regulations, * *)

(i) periods of defiance and imprisonment for political or racial reasons in a period of infreedom.

(2) The periods referred to in points (a) to (ch) of paragraph 1 shall be counted against the duration of the uninterrupted activity in the same cooperative only if, after their completion, the cooperative took up work in the cooperative no later than 6 weeks.

(3) A cooperative who, on 31 March 1962, was operating in a cooperative and was insured (insured) in sickness, shall be counted against the uninterrupted activity in the same cooperative for the period referred to in paragraph 1 (a) to (ch), regardless of the time limit laid down in paragraph 2.

(4) If the cooperative was recognised as a cooperative with a higher level of management, the cooperative's cooperatives shall be included in the uninterrupted activity in the same cooperative and in the period of activity in the cooperative before that recognition, provided that they have been insured (insured) in sickness.

§ 5

(1) The beneficiaries of a partial invalidity pension or partial invalidity pension in an accident at work awarded under the Staff Regulations shall be included in the uninterrupted activity of the same cooperative in the period of the last employment activity before the pension is granted, as well as the period during which he was transferred to another profession after the pension has been granted or after which he has undergone rehabilitation if he has started working in the cooperative not later than 6 weeks after the retirement or after the completion of the training or rehabilitation.

(2) Beneficiaries of an invalidity pension or invalidity pension in an accident at work granted under the Staff Regulations, which, after the pension has been granted, first started working in a cooperative, shall be included in the uninterrupted activity of the same cooperative, the duration of the last employment before the pension is granted.

(3) The beneficiaries of an invalidity pension granted under the Pension Insurance (Insurance) Rules of the Cooperatives who first started working in a cooperative after the pension is granted shall be credited to the period of uninterrupted activity in the same cooperative for the period during which he worked in the cooperative and was insured (insured) in the sickness and the period of last employment prior to the pension.

(4) The provisions of paragraphs 2 and 3 shall apply mutatis mutandis to a cooperative to whom an invalidity pension has been withdrawn or, where appropriate, to an invalidity pension in respect of an accident at work, if he joined the cooperative no later than 6 weeks after retirement.

(5) Otherwise, the general provisions applicable to other cooperatives apply when calculating the uninterrupted activity in the same cooperative for pensioners.

(6) The period of retirement for which the pensioner did not work in the cooperative is not counted against the period of uninterrupted activity in the same cooperative.

§ 6

A cooperative who has ceased to work in a cooperative during pregnancy or in order to care for its child shall be included in the cooperative's uninterrupted activity in the same cooperative if it begins to work in a cooperative within 6 weeks of the absence of the need for childcare, but no later than 6 weeks after the child reaches 8 years; This also applies mutatis mutandis to the setting-off of the period of employment for the cooperative, which of those reasons ended the employment relationship.

§ 7

The period of 6 weeks provided for in paragraphs 4 to 6 for the entry into the cooperative shall be deemed to have been respected if the district national committee confirms that the worker had applied for entry into the cooperative and could not have entered it within that period without fault; This also applies if the worker who became a cooperative has applied for employment within that period.

§ 8

(1) If, until the cooperative's uninterrupted activity in the same cooperative, the period of activity in the cooperative in which it was last active or the period of employment was taken into account, the previous periods counted as the cooperative or worker in the employment relationship shall be counted accordingly.

(2) If they cover each other's deductible times, they only count once.

(3) The period of prior activity in a cooperative which did not establish social security (Section 5 (3) of the Act) and the period of activity in employment where such activity was occasional, *) are not included in the period of uninterrupted activity in the same cooperative.

§ 9

The cooperative is obliged to issue a certificate to the cooperative on how long it has been active in the cooperative (insured) and which periods have been taken into account for the duration of the uninterrupted activity in the same cooperative at the end of the cooperative's activity or at any time at its request.

§ 10

Percentage

(K § 11 of the Act)

(1) The percentage of sickness benefit, the aid for the treatment of a member of the family and the maternity allowance for the first 18 weeks (Section 21 (3) of the Act) shall be determined according to the duration of the uninterrupted activity in the same cooperative established on the first day of the benefit.

(2) If, during the period of incapacity for work or quarantine, the cooperative has completed the duration of the uninterrupted activity in the same cooperative, which justifies a higher percentage of the sick leave, it shall be entitled to a higher rate after that period is completed; This applies mutatis mutandis to aid in the treatment of a family member and to maternity assistance provided that it is determined according to the duration of the uninterrupted activity in the same cooperative (Section 21 (3) of the Act).

(3) The aggregate resulting amount of the levy for the relevant number of working days is rounded to the nearest crown, with a penny amount of up to 50 pennies down and a penny amount above 50 pennies upwards.

Oddíl druhý

Special provisions for sickness security benefits

Disability and support for family care

(K § 9 to 17 of the Act)

§ 11

If a new incapacity for work had occurred before one calendar month had elapsed since the end of the previous incapacity for work, the sickness allowance shall be determined from the same average daily wage as that established in the previous incapacity for work. However, if a member of a higher-level cooperative has transferred to another higher-level cooperative before the emergence of a new incapacity for work, or if at that time he had an unagreed break at work, the average daily wage shall be determined in the manner set out in Sections 2 and 3.

§ 12

(1) A member of a cooperative with a higher level of management who has been discharged from a basic or similar service in the armed forces as unable to work shall be granted sick leave from the day following the day of the release from the armed forces. Support periods shall be calculated from the beginning of incapacity for work incurred during the period of service in the armed forces.

(2) A member of a cooperative with a higher level of management who has been discharged from a basic or similar service in the armed forces and has become unable to work after the service has ceased before being able to resume work in the cooperative shall be granted sick leave from the day of proven incapacity for work, provided that such work has taken place no later than 6 weeks after the date of release.

(3) The average daily salary of members of higher-level cooperatives referred to in paragraphs 1 and 2 shall be determined in the manner set out in Section 2 (5).

§ 13

Where the payment of the sickness allowance is made without interruption to the payment of the maternity allowance, the sickness allowance shall be determined from the average daily salary which was the basis for determining the maternity allowance.

§ 14

The sickness and support for the treatment of a member of the family shall not apply for working days up to a time when a member of a cooperative with a higher level of management is not entitled to a remuneration other than for incapacity for work, quarantine or for the treatment of a member of the family.

§ 15

Disability in transition from incapacity to invalidity (partial invalidity)

(1) The County Social Security Assessment Board decides on the invalidity (partial invalidity) of a member of a higher-level cooperative

(a) on the basis of an application by a member of a cooperative for an invalidity pension;

(b) at the initiative of the Medical Advisory Board, if a member of a non-working cooperative has not applied for or has not been granted an invalidity pension.

(2) If an invalidity or partial invalidity pension has been granted to a member of a cooperative who is unable to work, his entitlement to the sickness shall cease from the date on which the beginning of the pension payment was fixed, unless he has already expired.

(3) If the Regional Assessment Board decides that a member of a cooperative unable to work on sick leave who has not applied for an invalidity pension (partial invalidity pension) or whose application for such a pension has not been granted, he is disabled (partially invalidity), he shall cease to pay the sick leave after one month from the date on which the decision of the Regional Assessment Board was delivered to the cooperative. If a member of a cooperative fails to work and claims that he is not disabled (partially disabled), and if the Regional Assessment Board also decides that the member of the cooperative is disabled (partially disabled), the sickness payment shall cease from the day following the date on which the decision was served, but not before the expiry of the month following the decision of the Regional Assessment Board; where the work of an incapacitated member of a higher level of management of the appeal against a decision of the district assessment committee which has been recognised as partly disabled and claims to be invalid, the sickness allowance shall be suspended after one month from the date on which the decision of the district assessment committee has been delivered to the authority paying the sickness. However, if the legal support period has ended earlier, the sickness payment shall cease from the day following the end of that support period.

(4) Decisions given pursuant to paragraph 3 shall also be served on the medical advisory board which initiated the decision; the final decisions of the assessment committees are binding on the public health authorities and the bodies implementing sickness and pension security.

Oddíl třetí

Special provisions for mother and child security benefits

Cash maternity and childbirth support

(K § 20 to 22 of the Act)

§ 16

A precondition for entitlement to maternity aid and support at the time of the birth of the child is that birth has taken place; there are no claims for abortion. In order to assess whether there is a birth or abortion, the provisions on this issue in the field of uniform preventive and therapeutic care shall apply mutatis mutandis. *)

§ 18

Where the payment of maternity allowance is made without interruption to the payment of the sickness allowance, the maternity allowance shall be determined on the basis of the average daily salary which was the basis for determining the sickness allowance.

Child allowance

(K § 23 to 27 of the Act)

§ 19

Continuous preparation of the child for future occupation

(1) The continuous preparation of the child for future professions after compulsory education is:

(a) the education of young people in the field of teaching;

(b) preparing young people for the occupation of employment in racing;

(c) youth training for professions in youth establishments requiring special care;

(d) studies in secondary education, vocational and educational schools;

(e) studies at universities.

(2) The period after completion of the school, which is laid down in each field for the completion of the final examination or for the defence of the thesis, shall also be considered to be the period after completion of the course, but no more than one year.

Own income of the child

§ 20

(1) Recurrent income belonging directly to the child, such as: gross pay, monthly pay or apprenticeship earnings, gross income of students and pupils in the production of factory work, in-kind benefits, scholarships or other recurrent public support, income from property, etc.

(2) If the child does not have a free full boarding service, the value of meals or accommodation provided free of charge shall be valued at the following amounts per month to determine the child's own income:

	Kčs
snídaně	20,80
přesnídávka	20,80
oběd	72,80
svačina (druhá večeře)	20,80
večeře	62,40
ubytování včetně otopu a světla	26,-

If other benefits are granted free of charge to the child, they are valued for his own income in the same way as for the purposes of payroll tax.

(3) If the child is in a teaching relationship to a cooperative that rewards work by working unit, his own income for the employed labour units shall be determined by multiplying the monetary value of the working unit at the planned amount, including the value of the natural benefits attributable to that unit, by the number of working units that the apprentice has worked in the calendar month; if the apprentice has other income as referred to in paragraphs 1 and 2, the sum of all income shall be taken into account.

§ 21

The following shall not be considered as the child's own income:

(a) a scholarship or part thereof, provided that they are awarded only for an excellent benefit;

(b) child support;

(c) the value of free full provision of the child in a treatment or similar institution, unless the child is in such an institution for more than 6 months;

(d) the value of the clothing provided free of charge;

(e) incidental earnings for a part-time job or any work done only during school holidays.

§ 22

Working day

The day on which the cooperative worked throughout the normal working hours provided for by the Conditions of Employment or by the statutes of the cooperative for the same work shall be deemed to have been worked. If the cooperative has not worked all this time, the day shall be deemed to have been worked only if the absence of the cooperative at work for the remainder of the daily working hours has been excused by the cooperative.

§ 23

Calculation of days from previous employment

In the month in which he joined the cooperative, a worker or a member of the armed forces, working days shall be included, including those attributable to the employment of persons with disabilities, as well as working days attributable to the period of service of the armed forces, unless they qualify for child allowance (for training members of the armed forces) already under the Staff Health Insurance Regulations (for material security of members of the armed forces).

The monthly remuneration of the cooperative responsible for entitlement to and the amount of the child allowance

§ 24

(1) For the calculation of the monthly remuneration applicable to entitlement to and the amount of the child allowance (hereinafter referred to as the "applicable remuneration '), account shall be taken of:

(a) basic remuneration (Paragraph 1 (2));

(b) premium (Paragraph 1 (2)),

(c) compensatory allowances granted to cooperatives through cooperative funds or through State resources;

(d) the value of the benefits in kind (Section 1 (3));

(e) compensation for loss of work remuneration;

(f) the amounts provided by the cooperative for the duration of his military training.

(2) The following additional income of the cooperative shall be included in the applicable remuneration:

(a) a pension received under pension insurance (insurance, provision) or similar rules, *)

(b) gross income from the employment relationship of staff insurer,

(c) sickness insurance, support for the care of a member of the family and financial assistance in motherhood.

(3) If a cooperative has joined another cooperative, he shall not be regarded as having received income from the cooperative in which he was previously active.

§ 25

The applicable remuneration shall not include in particular:

(a) remuneration paid for inventions, discoveries and improvements, irrespective of their size;

(b) gifts in kind and in cash, remuneration for significant work merit and other exceptional remuneration provided by the cooperative in connection with the cooperative's activities in the cooperative or undertaking in connection with the activity in the employment relationship, irrespective of their amount;

(c) child allowances and similar allowances for non-dependent children;

(d) one-off income not forming a regular part of the cooperative's income.

Period for which the monthly remuneration applicable is to be collected

§ 26

(1) The child allowance for each month of the current calendar year shall be determined on the basis of the amount of the applicable remuneration, recorded on the monthly average for the previous calendar year.

(2) The monthly average for the preceding calendar year shall be calculated on the basis of the income referred to in Section 24 which has been cleared by the cooperative for that calendar year and actually paid in respect of the pension.

§ 27

(1) The calculation of the applicable remuneration (Sections 24 to 26) does not refer to calendar months,

(a) in which the cooperative has not yet worked or worked for only part of the month;

(b) in which he has served in the armed forces in primary or similar service;

(c) where, for personal reasons, the cooperative did not work with the consent of the cooperative.

(2) If, in the previous calendar year, there is not one full calendar month under which the applicable remuneration can be determined, it shall be treated mutatis mutandis in accordance with the principles set out in Section 28.

§ 28

In the calendar year in which the cooperative entered the cooperative, the child allowance shall be granted for each individual calendar month of that year on the basis of the monthly salary for that month; if the cooperatives are remunerated in labour units, according to the planned remuneration for those units. For the calendar month in which the cooperative entered the cooperative and did not have a full-month remuneration on the cooperative, the child allowance shall be granted according to the remuneration likely to be obtained if the cooperative was active throughout the month.

§ 29

(1) The cooperative called upon to operate in the armed forces, with the exception of members of the armed forces participating in the pension arrangements of those members, shall be granted child allowances for each calendar month in which the cooperative has served; the amount of the allowance per child shall be determined according to the amount of his remuneration on the cooperative for the calendar month concerned. If the cooperative had no remuneration in the calendar month, up to 1400 CZK shall be regarded as a monthly remuneration.

(2) If the cooperative restarted to work in the cooperative after the completion of a basic or similar active service in the armed forces, it shall be treated as determining the amount of the child allowance for the calendar month following the month in which the service ended, as with the cooperative newly joined the cooperative (§ 28).

§ 30

If the cooperative has missed an unagreed work in the period for which the applicable remuneration is determined, the income actually cleared during that period shall be added to the proportion of the part which would have fallen on the missed period.

§ 31

Agricultural land - User

(1) Arable land, hops, vineyards, planters, gardens (and homes), fruit orchards, nurseries, permanent meadows and pastures shall be considered as agricultural land.

(2) It is considered to be a user of agricultural land by anyone who manages it or is obliged to manage it, that is to say, the user of the funnel.

(3) In order to determine whether agricultural land users are in an area higher than those permitted by the model statutes of single agricultural cooperatives, the agricultural land used by the cooperative and by all members of his family living in the common household shall be added.

§ 32

Protection of the interests of the child in the coexistence of claims

If the consistent application of the provisions on the coexistence of entitlement to allowances for the same child (Section 64 of the Act) would prejudice the interest of the child, in particular if the creditor does not fulfil the insurance (insurance) from which the child allowance should be granted according to them, properly, and thus jeopardise the regular provision of child allowance, the competent authorities from which the child allowance (insurance) should be granted shall agree.

§ 33

Allowances for grandchildren, siblings or shelters

Allowances may be granted to a co-worker for his grandson or siblings, even if they are not both orphaned or if the conditions laid down for entitlement to child benefits are met, if the co-worker has a grandson (siblings, shelters) in direct care and if no child allowance (education) can be granted from the security (sickness insurance, material security of the members of the armed forces) of the child's parents.

§ 34

Child allowance in other cases

In justified cases, allowances may be granted:

(a) for a child over 15 years of age who has completed compulsory education and who could not, for serious reasons, be admitted to work or to school, but no longer than the end of the school year following the end of compulsory education; or

(b) for a calendar month in which the cooperative could not fulfil the condition of 20 working days because, in connection with the grant of invalidity or old-age pension, he ceased to work in the cooperative or died within a month.

§ 35

Children's allowances abroad

(1) Children's allowances shall be granted and paid to cooperatives, provided that the other conditions laid down are met, and to children who stay abroad:

(a) the temporary stay of the child outside the territory of the Czechoslovak Socialist Republic for reasons of treatment, recreation or study;

(b) if the child is accompanying his parent who is employed abroad for a transitional period; or

(c) where the provision of child allowance is agreed by the Interstate Convention.

§ 36

Allowances for two or more children when children are in direct care of different persons

If the children to whom the security allowances of the same cooperative belong are directly provided by different persons, the allowances for each of these children shall be paid in proportion to the total amount allocated to that cooperative.

Oddíl čtvrtý

Pension insurance

Average monthly wage

(K § 35 of the Act)

Citation	Decree of the State Social Security Office No. 33 / 1962 Coll., implementing the Act on Social Security of Cooperative Farmers
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	30.03.1962
Effective from	01.04.1962
Effective until	-
Status	Valid

Decree No. 33 / 1962 Coll.

Decree of the State Social Security Office implementing the Social Security Act of cooperative peasants

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