Act No. 41 / 1958 Coll.
Law on certain social security changes
Valid
Effective from 23.07.1958
41
Law
of 3 July 1958
concerning certain changes in social security
The National Assembly of the Czechoslovak Republic decided on the following Act:
Act No. 55 / 1956 Coll., on Social Security, is amended as follows:
Article 34 (1) reads as follows:
"(1) Members of the armed forces who are not participating in pension arrangements under special regulations and have become disabled or partially disabled (§ 12 (2)) as a result of an accident or illness arising in the defence of the Czechoslovak Republic, in the performance of other duties in the armed forces or in connection with the stay at the front shall be entitled to:
(a) an invalidity or partial invalidity pension, as in the case of an accident at work (Sections 16 and 17), if they were immediately secured as employees before entering the armed forces; the partial invalidity pension is 45% of the average annual earnings;
(b) an invalidity pension of 65% or a partial invalidity pension of 45% of the amount of 12 000 Kčs per year, provided that they were not employed immediately before entering the armed forces. "
2.
"Members of the armed forces who are not involved in pension arrangements under special regulations and who became disabled or partially disabled at the time they were in the armed forces as a result of an accident or illness arising in circumstances other than those referred to in Paragraph 34 (1) shall be entitled to:
(a) the invalidity or partial invalidity pension provided for in Article 14, if they were immediately secured as employees before entering the armed forces; Paragraph 34 (2) also applies; the partial invalidity pension is 35% of the average annual earnings;
(b) an invalidity pension of 50% or a partial invalidity pension of 35% of the amount of CZK 12 000 per year, provided that they were not employed immediately before entering the armed forces. "
3. Paragraph 36 (1) reads as follows:
"The benefits under Paragraph 34 also belong to persons who have become disabled or partly disabled in the causal link with the damage to health suffered as a result of participation in the fight against fascism as members of the armed forces or as a result of imprisonment due to fascist persecution in a period of infreedom. '
4. Paragraph 69, the text of which is renumbered paragraph 1, is amended as follows:
"(2) The Regional and Regional National Committees shall elect the Board of National Committees as their executive bodies. The government shall determine the composition and organisation of these commissions.
(3) The Social Security Commission of the Councils of the National Committees decides on the benefits, services and other social security matters provided for by the State Social Security Office in agreement with the Central Council of Trade Unions by a decree in the Official Journal. The Decree of the State Social Security Office, issued in agreement with the Central Council of Trade Unions, also lays down the procedure for dealing with social security commissions.
(4) The Government may, on a proposal from the Central Council of Trade Unions or national committees, lay down rules on how to bring social security closer to workers and how to increase their participation in the implementation and control of social security. "
5. Paragraph 84 (4) reads as follows:
"(4) Pension benefits are not included in the highest amount of the retirement and invalidity pension of a first working category employee (Section 19 (1)). Pensions from pension improvements of employees of the II. and III. Working category shall be reduced by an amount by which the total pension income (insurance) and pension benefits from pension improvements exceed 85% of the average annual earnings. Residents of a staff member who would be entitled to a pension pension from pension benefits reduced according to the previous sentence shall be entitled to pension benefits of survivors calculated from a reduced pension; This also applies to pensions of pensioners. '
Paragraph 84 (4) of the Social Security Act, as amended by Article I (5), also applies to claims arising before the entry into force of that Act. Overpayments in pensions that would result from this adjustment shall not be enforced.
Adjustment of old-age pensions of employees who were entrepreneurs
(1) On a case-by-case basis, the Social Security Commission of the Councils of the Regional National Committees may decide to reduce the old-age pension for persons who, before entering the employment relationship of self-employed persons, have employed foreign workers and who have been granted an old-age pension under the national insurance rules in force before 1 January 1957 for a pension period of less than 20 years. The pension reduction shall be made in such a way that the pension is equal to 50% of the average annual earnings corresponding to the ratio of the pension insurance period calculated on the date on which the pension entitlement was established to 20 years; Paragraph 19 (2) of the Social Security Act also applies. Similarly, pensions of survivors of these persons may be reduced.
(2) The pension reduction shall be made from the day following the day on which the period for which the pension payment has already been paid has expired.
Adjustment of pensions of persons who were prominent representatives of the former political and economic establishment
(1) The Social Security Commission of the Councils of the District National Committees may reduce the pensions of persons who have been prominent representatives of the former political and economic establishment and of those who are survivors of such persons by up to an amount corresponding to the ratio between the time of employment (insurance) during which they were such representatives and the time taken as a basis for determining the pension; Paragraph 19 (2) of the Social Security Act also applies.
(2) The provisions of Article III (2) apply as of the start of the pension reduction.
(3) The provisions of paragraphs 1 and 2 apply mutatis mutandis to pensioners from social security measures of members of the armed forces. The Ministers for National Defence and Interior shall lay down the details, in particular which authority shall implement the measures referred to in paragraph 1.
This Act shall take effect on the day of its publication; it shall be carried out by all members of the Government.
Novotný v. r.
Fierlinger v. r.
Broad v. r.
Dolan v. r.
Kopecký v. r.
Ing. Jankovcová v. r.
Polack v. r.
Bark v. r.
Ing. Shimonek v. r.
Dr Kylý v. r.
Plojhar v. r.
Dr. Nove v. r.
Bakuľa v. r.
David v. r.
Děuriš v. r.
Krajčir v. r.
Kromir
Machachová v. r.
Dr. Unedible v. r.
Tesla v. r.
Uher v. r.
Lamb
Jonah v. r.
Reitmajer v. r.
Dr Skoda v. r.
Ing. Black v. r.
Dvořák v. r.
Dr Kahuda v. r.
Colonel General Lomský v. r.
Dr Neuman v. r.
Ouzký v. r.
Pospíšil v. r.
Ing. Púčik v. r.
Dr. Vlasák v. r.
He beat the shit out of me.
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Regulation Information
| Citation | Act No. 41 / 1958 Coll., on certain changes in social security |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.07.1958 |
|---|---|
| Effective from | 23.07.1958 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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