Decree No. 34 / 1962 Coll.
Decree of the State Social Security Office on the principles for the assessment of invalidity and partial invalidity for the purposes of pension insurance
Valid
Effective from 01.04.1962
34
DECLARATION
State Social Security Office
of 30 March 1962
on the principles for the assessment of invalidity and partial invalidity for the purposes of pension insurance (insurance)
The State Social Security Office declares the principles for the assessment of invalidity and partial invalidity for the purposes of pension insurance (pension insurance), which have been established by the Government Resolution of 16 November 1956 and 16 March 1962, pursuant to § 12 (2) of Act No. 55 / 1956 Coll., on Social Security, pursuant to § 39 (2) and § 54 (4) of Act No. 32 / 1962 Coll., on Social Security of Cooperative Farmers, and § 23 (2) and § 26 (4) of Government Decree No. 56 / 1956 Coll., on Pension Insurance of Individual Farmers and Other Persons Self-Management:
Invalidity
(1) A staff member shall be disabled if, for reasons of permanent deterioration of the health
(a) become incompetent to any permanent employment; or
(b) while being able to carry out continuous gainful employment, the pursuit of such employment would seriously impair his health, or
(c) be able to carry out gainful employment, but completely disproportionate to its earlier abilities and the social importance of the previous employment.
(2) A member of the single agricultural cooperative *) is disabled if, due to the permanent deterioration of the health condition, he has become unable to pursue any continuous gainful activity or if the pursuit of such activity would seriously impair his health.
(3) A member of the single agricultural cooperative's family shall be disabled if, due to the permanent deterioration of the health caused by the accident at work (occupational disease), he has become unable to pursue any continuous gainful activity or if the pursuit of such activity would seriously impair his health.
(4) A self-employed and cooperative member of its family shall be disabled if they have become unable to pursue any continuous gainful activity or if the pursuit of such activity would seriously impair their health.
Partial invalidity
(1) A staff member is partially disabled if his earnings have fallen substantially because of the fact that, for a permanent deterioration of the health
(a) be able to carry out existing or other reasonable employment, but only under specially facilitated working conditions; or
(b) is unable to carry out the current employment, but is able to carry out other reasonable employment less qualified.
(2) A member of the single agricultural cooperative is partially disabled if, for the permanent deterioration of the health condition, he cannot work and does not actually work at least half of the average number of units of work worked so far or cannot reach or actually achieve half of his average remuneration; the average is calculated for the last 5 calendar years or for the entire period of time he worked in the cooperative if he has not worked in it for at least 5 years.
(3) An employee or member of a single agricultural cooperative who has not suffered a significant reduction in earnings shall also be regarded as partially disabled, but if the permanent deterioration in his health makes the general living conditions significantly difficult.
(4) A family member of a member of a single agricultural cooperative, an individual farmer and a co-operating member of the family of a self-employed person are partially disabled if there has been a significant decrease in their working capacity due to permanent deterioration of their health caused by an accident at work (occupational disease).
Other types of invalidity
(1) The spouse is disabled if she is unable to perform normal household management work for a permanent unfavourable health condition.
(2) The widow is disabled if she is unable to perform a job appropriate to her abilities for a permanent unfavourable health condition.
(3) The widower and the claimant for a social pension are disabled if they are unable to pursue any gainful activity for a permanent unfavourable health condition.
Common provisions
(1) Unfavourable health is considered to be permanent, which, according to medical science, is likely to last more than a year after the onset of incapacity for work.
(2) Invalidity and partial invalidity of persons subject to the rules on retirement for the service of years shall be assessed in the light of their capacity to carry out current employment.
(3) In all cases where disability (partial invalidity) is detected, its causes and degrees are decided by the Social Security Assessment Board. *)
(4) Detailed guidelines for the assessment of invalidity (partial invalidity) will be issued by the State Social Security Office in agreement with the Ministry of Health and National Defence and the Central Council of Trade Unions.
Repeal
Decree No 250 / 1956 of the Ú. l., on the principles for the assessment of invalidity and partial invalidity for the purposes of pension insurance, expires on 31 March 1962.
Efficacy
This decree shall take effect on 1 April 1962.
Chairman:
Erban v. r.
*) Invalidity of apprentices in relation to the single agricultural cooperative is considered as invalidity of employees.
*) Government Decree No. 151 / 1960 Coll., on the organisation and competence of social security assessment committees.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the State Social Security Office No. 34 / 1962 Coll., on Principles for the Assessment of Invalidity and Partial Invalidity for Pension Insurance (Insurance) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.03.1962 |
|---|---|
| Effective from | 01.04.1962 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0