What is Act No. 44 / 1947 Coll.?

Act No. 44 / 1947 Coll., on Mining Pension Insurance — Mining Pension Insurance Act.

When it became Act No. 44 / 1947 Coll. effectiveness?

Act No. 44 / 1947 Coll. became effective 01.01.1947.

Is Act No. 44 / 1947 Coll. still valid?

Yes, Act No. 44 / 1947 Coll. is still valid and effective.

Act No. 44 / 1947 Coll. - Mining Pension Insurance Act

44.

Law

of 6 March 1947

about mining pension insurance.

The Constitutional National Assembly of the Czechoslovak Republic decided on this law:

Část I.

Heading of insured persons.

§ 1.

(1) Insurance under this Act is required by who is employed under the ground or on the surface

1. mining (§ 131 of the General Mining Act),

2. in enterprises (enterprises) for the acquisition of live animals,

3. in enterprises (plants) for the production of kaolin, magnesite, refractory clays, dandruff, limestone, quartz and quartz, and quartz used for the production of fire-resistant products and forging sands, where mining takes place on a mountainous scale and is subject to top police supervision.

(2) Employees of national mining undertakings, including those of the Central Directorates of the Czechoslovak Mine, a national undertaking, shall be considered, for the purposes of this Act, as workers in mining as referred to in paragraph 1, unless they are exempt from the insurance obligations under § 2, paragraphs 1, 3 and 4.

(3) In agreement with the Minister of Industry, the Minister for Social Welfare will determine, after hearing the holder of the insurance (§ 80 (1)) and the Central Council of Trade Unions, by decree in the Official Journal, according to the groups of employment which mining work is considered to be underground work; It shall determine in the same way which coal quarries work is equivalent to underground work. Work under the ground shall also be considered as an activity for workers working regularly under the ground which, for operational reasons or as a member of the racing (business) board, is carried out on the surface. In the case of surface workers who are temporarily employed for operational reasons also by underground work, only the actual underground work is taken into account when determining the duration of underground work.

§ 2.

(1) The following are excluded from compulsory insurance under this Act:

1. Staff of special non-mining undertakings engaged in the mining enterprises (s) or in the undertakings (s) referred to in § 1, § 1, § 1, § 2 and § 3 of the fixed, predefined work with mining operations only indirectly linked to, for example, building houses, roads, railways, bridges, water structures;

2. persons carrying out services for the purpose of rapid assistance in accidents or natural disasters or for the purpose of the rapid elimination of operational or transport disorders, where it is foreseeable that such services will not last for more than a month according to their nature;

3. employees of establishments serving exclusively commercial sales;

4. staff of agricultural, innkeeper, health, entertainment and educational establishments, as well as other establishments which do not directly serve the extraction or processing of minerals and nutrients.

(2) The Regional Mining Authorities are required, at the request of the insurance holder, to give an assessment as to whether they are employees or a group of employees referred to in paragraph 1.

Earnings.

§ 3.

(1) The profit under this law is all income for the work contracted.

(2) The earnings include, in particular, the share of profits, whatever they are called allowances, variable benefits such as tantiums and etc., recurring rewards, such as remunerations and new-day, natural and other benefits that the insured person receives, even if only normally, from the undertaking or from a third party instead of or next to the salary.

(3) If the insured person does not receive cash or benefits in kind or if the earnings are less than 600 CZK per month, the sum of 600 CZK per month is considered to be his earnings.

(4) The Minister for Social Welfare sets the value of the benefits in kind after the hearing of the insurance holder (§ 80 (1)), the Supreme Bureau of Price and the Central Council of Trade Unions.

§ 4.

(1) Undertakings are required to record the information relevant to the performance of insurance (amount of earnings, method of employment, hours of service) and to keep records for the period to be determined by the Minister for Social Welfare.

(2) The bearer of the insurance (§ 80) is entitled to have records presented, to consult them and to request copies or extracts thereof.

Část II.

Doses.

§ 5.

The mining pension benefits are:

1. invalidity pension,

2. old-age pension,

3. widower's pension,

4. orphan's pension,

5. parents' and other survivors' pensions,

6. marriage allowance,

7. Outstanding,

8th treatment.

§ 6.

(1) In order to acquire the rights to benefits referred to in Article 5, the rights to them, for benefits under No 1 to 6, must also expire before the insurance case has occurred.

(2) The waiting period is 60 contribution months. However, if the insured person receives 36 contribution months by the end of the calendar year in which he reaches 45 years of age, the waiting period shall be deemed to have been completed.

(3) The waiting period shall also be deemed to have been completed if an insurance case has occurred as a result of a corporate accident. In this case, the condition of Paragraph 14 (2), last sentence, shall also be deemed to be fulfilled.

§ 7.

The contribution months are the calendar months for which premiums have become payable on the basis of an insurance obligation under this Act or for which insurance has been paid in the event of a voluntary continuation of insurance.

Invalidity pension.

§ 8.

(1) Entitlement to an invalidity pension is granted to an insured person who is unable to pursue his or her profession (disability) because of his or her medical condition.

(2) An insured person who has been employed under the ground for at least five years immediately prior to the occurrence of invalidity, or who has spent at least half of the period since the first entry into pension insurance (provision) until the occurrence of an insurance case in the course of work under the ground, if he is unable to carry out the work of his last or other reasonable occupation under the ground for his health. However, the right to an invalidity pension under this provision shall be exercised only if such invalidity is incurred within 24 months of leaving the employment giving rise to an insurance obligation under this Act.

(3) An insurer who does not fulfil the conditions of the preceding paragraph is disabled if he cannot continue to pursue the work of his last profession, or any other profession, appropriate to his or her profession, the way in which he or she was employed, his or her position in him and his practical and theoretical education.

§ 9.

(1) Any person who has incapacitated himself intentionally or committed an intentional offence for which he has been sentenced by a criminal court shall not be entitled to an invalidity pension.

(2) In the cases referred to in paragraph 1, the invalidity pension may be granted to members of the insured person's family, provided that he is legally obliged to feed them.

§ 10.

(1) Entitlement to an invalidity pension arises from the date on which the invalidity occurred. If it cannot be ascertained or if disability has been found by the gradual deterioration of the health condition, the entitlement shall be established on the date on which the insured person was already demonstrably disabled, but no later than the date of the declaration of entitlement.

(2) However, an insured person shall not be entitled to an invalidity pension if he is entitled to sickness benefits under the sickness insurance rules.

(3) Entitlement to an invalidity pension shall cease:

(a) death of a pensioner;

(b) if the beneficiary is no longer disabled.

Old money.

§ 11.

(1) Entitlement to an old-age pension on the spot and in the amount of the invalidity pension shall be granted without a disability certificate pursuant to Section 8 by an insured person who:

1. has completed the 55th year of age and has obtained at least 300 contribution months in employment underground; or

2. has completed the 55th year of age and has received at least 420 contribution months in mining employment, of which at least 120 contribution months in underground employment; or

3. completed the 60th year of age and received 180 compulsory insurance contributions, of which at least 120 in mining employment,

if he is not employed in a way that establishes an insurance obligation in any pension insurance sector.

(2) Entitlement to an old-age pension under paragraph 1, No 1 or 2 shall not apply if the insured person reaches the age of 55th to the end of 24 months from the date of leaving the employment giving rise to the insurance obligation under this law.

(3) The Minister for Social Welfare may, in agreement with the Minister of Finance and after hearing the Central Council of Trade Unions, provide by decree in the Collection of Laws and Regulations that the right to an old-age pension referred to in paragraph 1 shall also be granted if the insured person carries out work subject to insurance obligations. This measure may also be taken by the Minister for Social Welfare only for certain fields of work or for certain areas.

§ 12.

(1) The right to an old-age pension arises by fulfilling the conditions laid down in Article 11 and ceases to be the death of a pensioner or the entry into employment of a pension insurance undertaking.

(2) Paragraph 10 (2) applies mutatis mutandis.

The amount of the disability pension.

§ 13.

The invalidity pension shall consist of the amount of the basic and the amounts of the increases.

§ 14.

(1) The basic amount of the invalidity pension is 6000 CZK per year.

(2) The basic amount referred to in paragraph 1 shall be increased by 14% of the average annual earnings of the insured person (§ 18, paragraphs 2 and 3). If the insured person is perfect for 120 subcountry contribution months, the basic amount referred to in paragraph 1 shall be increased by 20% of this average annual earnings.

§ 15.

(1) The annual increase in the invalidity pension is calculated on the basis of the insured person's earnings (Section 3), but not more than CZK 6000 per month, and is:

(a) on employment below 2%;

(b) on employment on the surface of 1,4% of this base.

(2) For each contribution month completed before 1 January 1946 in commission insurance, the annual increase shall be:

(a) in employment below 40 Cds;

(b) when working on the surface of 28 Cds.

(3) For the contribution months until 31 December 1946 in the pension insurance of persons subject to insurance under this Act from 1 January 1947 (Paragraph 1), the increase amounts referred to in Sections 21, 1 and 177 (1) of the Law of 21 February 1929, No. 26 Coll., on the pension insurance of private employees in higher services, as amended by the regulations, belong to it changing and complementary. If the increase amounts for persons employed underground were less than 40 Ccs and for persons employed on the surface of less than 28 Ccs, they would be entitled to an increase of that amount.

(4) For the period of contributions until 31 December 1946 in the insurance of employees in the event of invalidity and old age of a person subject to insurance under this Act from 1 January 1947 (§ 1, par. 1, no. 3), the increase amounts provided for in § 111 of the Law of 9 October 1924, No. 221 Coll., on the insurance of employees in the event of illness, disability and old age, as amended by the legislation, belong to the changers and complements.

(5) The allowance periods referred to in paragraph 4, where they have been obtained on the basis of employment in the enterprises (s) referred to in § 1, par. 1, par. 3, as well as the allowance periods referred to in paragraph 3, shall be equal to the benefit periods of the commission insurance for claims under this Act.

§ 16.

The invalidity pension under § § 13 to 15 is at least 14.400 CZK per year.

§ 17.

(1) An invalidity or old-age pension is increased by an education allowance for each child who, after the death of the insured person, would be entitled to an orphan's pension if the pensioner looks after them.

(2) It is for each child to receive the equivalent of family allowances under the Act of 13 December 1945, No. 154 Coll., on the family allowances of certain persons insured in the event of illness, as amended by the legislation amending it and supplementing it.

(3) If more than one person is entitled to the same child's allowance, it is only for one person who has a child in direct custody.

(4) If a child is entitled to an orphan's pension (orphan's pension) from public social insurance or public funds, the child is entitled to the allowance only in excess of the orphan's pension (orphan's pension).

(5) Paragraph 28 applies mutatis mutandis.

§ 18.

(1) An invalidity (old-age) pension without an increase pursuant to Section 17 must not exceed 90% of the insured person's average annual earnings per year.

(2) The average earnings for the last 240 calendar months before the insurance case, if insured for less than 240 calendar months, are considered to be the average earnings for this shorter period. No account shall be taken of the calendar months in which the insured person was ill or served or was unemployed without his or her guilt. It shall also not take into account the period of free leave during which the insured person was in public service and the period of studies or other theoretical or practical training to which the insured person was subjected as a result of preparation for his mining profession, unless he was in service.

(3) When calculating the average earnings referred to in paragraph 2, the highest deductible earnings shall be CZK 6000 per month.

§ 19.

If the beneficiary is employed in an invalidity pension, his monthly pension is reduced by a quarter, and if he is employed or employed otherwise than in a way which establishes an insurance obligation under this Act (§ 1), by half, but not more than a monthly earnings actually achieved (income).

Widow's pension.

§ 20.

(1) Entitlement to the widower's pension shall be granted to the widow of the insured person who has enjoyed or was entitled to an invalidity pension if:

1. is disabled; or

2. has completed the 50th year of age; or

3. care for at least 2 children of the insured person who pays the orphan's pension.

(2) An invalidity is a widow who is unfit for her health to pursue a job appropriate to her powers and skills, which a healthy woman of the same life status can normally perform.

(3) If the conditions of paragraphs 1 and 2 are not met, the widow shall be entitled to a reduced widow's pension under Paragraph 25 (3).

(4) Widows over 40 years of age may not be reduced by the pension granted under paragraph 1, No 3, in accordance with paragraph 3.

(5) A widower who, at the time of his death, had an invalidity or old-age pension or was entitled to such a pension and who mainly supported it from his earnings or pensions, is entitled to a widower's pension if and when he is unfit for earnings and is needed. Paragraph 21, § 25, paragraphs 1 and 2 and § 33 apply mutatis mutandis to the widow's pension.

§ 21.

The widow's pension is not entitled,

(a) where the marriage was divorced from her own or from mutual guilt;

(b) if she has married at the time of the pension, unless, at the time of the husband's death, two years have elapsed since the date of marriage or the child was born from such marriage; or

(c) where it has been found by the judgment of the criminal court that it has committed or complicit in the death of the spouse by intentional action.

§ 22.

(1) The right to a widower's pension under Paragraph 20 is also granted to a woman whose marriage to an insured person has been parted, but not from her or from her or from her mutual guilt, unless she has entered a new marriage and is not after the widower's insured widow who is entitled to the widower's pension.

(2) If, however, there is also a surviving widow entitled to a widow's pension, the widow's pension shall be divided between the widow and the wife's farewell in proportion to the number of years of their marriage to the deceased insured. Every year of marriage is considered completed. However, the time from divorce to separation is not taken into account.

(3) However, the proportion of the widow's pension must not be less than a quarter of the widow's pension. Otherwise, the provisions on the widow's pension apply mutatis mutandis.

(4) The provisions of paragraphs 2 and 3 apply mutatis mutandis in cases where the insured person has left more than one person so authorised, with the restriction that the sum of the relative parts of the widow's pension may not exceed the total amount of the widow's pension.

(5) The termination of one of the relative parts of the widow's pension shall not alter the other proportional parts determined in accordance with the provisions of paragraphs 2 to 4.

§ 23.

(1) Entitlement to the widower's pension arises on the day of the death of the spouse and ceases to be a remarriage or death of widower.

(2) If a widow marries again, she will receive a severance equivalent to three times her annual widow's pension. The payout shall cease to be paid to the widow any claims arising from the insurance of the deceased spouse.

(3) The widow may reserve the place of disposal provided for in the preceding paragraph in order to retain her entitlement to the widow's pension in case she is re-widowed. However, if the widow of her new husband is also entitled to a widower's pension or to a widower's pension from a public social insurance scheme or to a provision salary from public funds, only the difference between the widower's pension and that of which the widower's pension is higher under this law shall lie.

(4) If a widow remarried to be entitled to a widow's pension under paragraph 3, she shall be entitled to the marriage allowance provided for in Paragraph 35.

§ 24.

The widower's pension consists of the amount of the basic and the amount of the increases.

§ 25.

(1) The basic amount of the widow's pension is 6000 CZK per year and is increased by half the amount referred to in Paragraph 14 (2) to which the insured person was entitled.

(2) The increase in the widow's pension shall be equal to half the increase in the invalidity pension.

(3) The widow's pension in the case of Paragraph 20 (3) shall be half the widow's pension calculated in accordance with paragraphs 1 and 2.

§ 26.

(1) If the insured widow is not entitled to the widow's pension, she shall be entitled to the widow's pension under § 20 of the deceased's spouse,

(a) if she lived with the insured person for at least 10 years prior to his death in the common household and was mainly dependent on him; or

(b) if she lived with the insured person for at least 3 years before his death in the common household and is the mother of a child entitled to an orphan's pension after the deceased.

(2) If there is also a woman in addition to a legitimate spouse whose marriage to an insured person has been parted and who is entitled to a widow's pension, the provisions of Paragraph 22 (2) to (5) shall apply mutatis mutandis. Otherwise, the provisions on the widow's pension shall apply mutatis mutandis to the creation, duration and termination of the pension entitlement referred to in paragraph 1.

The orphan's pension.

§ 27.

(1) An orphan's pension is entitled to a child under 18 years of age in the event of the death of an insured father or an insured mother, if the deceased parent has or has been entitled to an invalidity pension. Unmarried children are only entitled to an orphan's pension from a father's insurance if paternity has been found or recognised out of court in the father's life. Generals shall only be entitled to an orphan's pension if they have been adopted at least six months before or before the adoption of the pension.

(2) If an insured person has left an orphan's grandchild under 18 or a stepchild under 18, these grandkids or stepchildren are entitled to an orphan's pension if they have been mainly dependent on the deceased.

(3) Children under 18 years of age are entitled to an orphan's pension if they were fed in a foster home free of charge for at least six months before or before the idea of a parent's pension and were mainly dependent on it.

§ 28.

(1) Entitlement to an orphan's pension is incurred on the day of the insured's death, after the later date of birth of the child, and ends in the 18-year-old or earlier marriage or death of the child.

(2) An orphan's pension may be paid on completion of the 18th year of age,

(a) where the child is unfit for profit for a mental or physical defect; or

(b) if the child cannot support himself, because he is scientifically or professionally preparing for his future occupation, but in this case no longer than 24 years of age.

§ 29.

(1) The orphan's pension on the part of the orphan child is half the widower's pension (§ 25, paragraphs 1 and 2).

(2) The orphan's pension of a two-sided orphan child is equal to the widow's pension (§ 25, paragraphs 1 and 2).

(3) If a child (§ 27) is entitled to several orphan's pensions or pensions from public social insurance or public funds, the child is entitled only to the highest of them.

(4) However, an orphan's pension shall be measured in accordance with paragraph 2,

(a) if his mother is not entitled to a widower's pension by virtue of § 21 (a) or (c);

(b) if the widow of the insured person is entitled only under Paragraph 20 (3) and takes care of the child.

§ 30.

The total of the widow's and orphan's pensions without an increase in accordance with § 33 must not exceed the invalidity pension (old-age pension) without an increase in accordance with § 33, but with a childcare allowance (§ 17) which enjoy an orphan's pension. Otherwise, the survivors' pensions are reduced proportionally.

Parents' and other survivors' pensions.

§ 31.

(1) If there are no persons entitled under § § 20 to 22 or § 27, the surviving parents of the insured person who, at the time of his death, had or would have been entitled to an invalidity pension shall be entitled to the pension if they were mainly dependent on it.

(2) Parents' pensions are a quarter of an invalidity pension (old-age pension) without an increase pursuant to § § 17 and 33. If both eligible parents are here, each of them, if the other is alive, is entitled to an eighth of an invalidity pension.

§ 32.

(1) In the absence of parents authorised under Paragraph 31 (1), a pension may be granted to the deceased's sister or daughter at the rate laid down in Paragraph 31 (2) if, at the time of his death, she was over 40 years old, she was mainly dependent on the deceased's nutrition and was employed for at least five years prior to his death by his household management.

(2) The pension payment ends with an idea of another pension from public social insurance, providing benefits from public funds, marriage or entry into employment, establishing a pension insurance obligation.

Increase for helplessness.

§ 33.

(1) Invalid (old-age) pension and widower's pension, orphan's pension of a child aged over 7 years, as well as parents' pensions may increase by up to half if the recipient of the pension is permanently so helpless that he needs treatment and service of another person.

(2) An invalidity (old-age) pension may be increased by up to half if, within the meaning of paragraph 1, the wife of a pensioner living with it is powerless.

Pensioning cut.

§ 34.

(1) Where pensions are met with other pensions or provisions or with pensions under other public pension (accident) insurance schemes or with rest benefits from public funds, the pension is reduced if the sum of such pensions (pensions), together with all statutory increases other than the education allowance, exceeds 24,000 Kns per year, by an amount above and up to a maximum of half of the pension (pension). If there are more pensions (pensions), they shall be considered as a whole.

(2) Orphanage pensions are reduced mutatis mutandis if they exceed the total pension (pensions) of 9.600 CZK per year.

(3) The pension does not, however, shorten if it is subject to an insurance pension under the Act of 9 October 1924, No 221 Coll., on the insurance of workers in the event of sickness, invalidity and old age, as amended by the Regulations amending it and supplementing it.

Marriage allowance.

§ 35.

(1) An insured person (insured person) shall be entitled to the marriage allowance if he or she is married. The claim must be exercised within 2 years of the marriage, otherwise it will cease.

(2) The marriage allowance is 2.000 CZK.

(3) If the insured person (s) to whom the allowance has already been paid are married, he is only entitled to the allowance once again if he receives a benefit period equal to the waiting period between the previous and the new marriage.

Outstanding.

§ 36.

(1) A widow (widower) and children have the right to compensation once and for all if the insured person dies after the completion of six contribution months and before the completion of the waiting period, but not as a result of a corporate accident, and if the conditions for the consumption of the widow's pension are otherwise fulfilled (§ 20 and § 23, paragraph 1), or the orphan's pension (§ 27 and 28). This entitlement is also due if the insured person dies before the six contribution months are completed as a result of an accident other than a farm accident.

(2) In the absence of persons authorised under paragraph 1, the insured person's parents shall be entitled to the benefits referred to in paragraph 1 under the conditions set out in Paragraph 31 and his children over 18 years of age under the conditions set out in Section 28, paragraph 2.

(3) The compensation for each beneficiary is CZK 2.000.

(4) The claim for compensation must be exercised within two years from the date of the insured person's death, otherwise it will cease.

Increase the pension of an employed pensioner.

§ 37.

If a pensioner receiving an invalidity pension receives at least six additional compulsory insurance months under this law, his pension shall be increased by the increase in the amount resulting from the contribution period thus obtained. They can only be claimed six months after the end of the new insurance. This increase in the pension is due from the nearest payment of the pension to the termination of the insurance.

General provisions on doses.

§ 38.

(1) The pension benefit begins on the first day of the month following the pension entitlement. The pension is paid monthly in advance.

(2) Monthly amounts are rounded down to the whole crown of Czechoslovak.

(3) If entitlement to a pension is lost during the month, the amounts received are not recovered. Payment of a pension to a foreign country may also take place within periods other than monthly and late.

§ 39.

Beneficiaries of a pension shall, at any time on request, submit a certificate of living or widowing or other relevant circumstances.

Date of Promulgation	04.04.1947
Effective from	01.01.1947
Effective until	-
Status	Valid

Citation	Act No. 44 / 1947 Coll., on Mining Pension Insurance
Regulation Type	-
Author	-
Collection	Code of Laws

Act No. 44 / 1947 Coll.

Mining Pension Insurance Act

Contents