Government Decree No. 44 / 1950 Coll.
Regulation on certain social insurance transfers (arrangements) before 1 October 1948
Valid
Effective from 18.05.1950
44.
Government Regulation
of 2 May 1950
on certain social security transfers (arrangements) before 1 October 1948.
The Government of the Czechoslovak Republic hereby orders pursuant to Article in Act No. 70 / 1948 Coll., on the unification of certain regulations in public social insurance:
Transfers in public pension insurance.
Range.
(1) This section regulates claims from public pension insurance in insurance cases before 1 October 1948, provided that the insured person was insured in more than one sector of public pension insurance or in the case of several holders of the same insurance sector, and - unless otherwise provided - the entitlement has not yet been decided on.
(2) An adjustment under this Part is without prejudice to the assessment of the transfer amounts made at transfers made before 1 January 1929, unless otherwise specified.
The main bearer of insurance.
(1) The claims for insurance benefits are decided by the last holder of the main insurance (main insurance holder) in accordance with the applicable rules (applicable to him), unless otherwise provided for in this Regulation.
(2) The main thing is the insurance in which the waiting period has been completed (Section 3). If the waiting period has been completed in several insured persons, the main insurance in which the insured person received the largest number of compulsory insurance contributions in the relevant period. If this number is the same in several insured persons, the main insurance is the last of them. The period of validity shall be the last 60 calendar months in which the insured person has been compulsorily insured; If he was compulsorily insured in less than 60 calendar months, that shorter period shall be decided. However, mining pension insurance (hereinafter referred to as "mining insurance ') is essential only if the waiting period has been completed.
(3) If the waiting period has not been completed in any insurance, the main last one is.
Allocation of pension periods
(1) In assessing the waiting period, the retention and recovery of the claim, and in assessing whether the conditions for voluntary continued insurance are met, account shall be taken of all eligible contribution periods obtained in the public pension scheme. The period of contributions to be covered shall be calculated only once, where compulsory insurance shall be preceded by a voluntary continuation of insurance.
(2) In determining the contribution period, 30 contribution days shall be calculated as the contribution month and vice versa. The rest counts as the entire contribution month.
The composition of the pension.
The pensions for which the provisions of this Part apply consist of a basic amount, an increase in amounts and other components (Sections 5 to 7).
Basic amount.
(1) The basic amount of the invalidity pension is the basic amount of the main insurance.
(2) If the insured person was also insured in the mining or pension insurance of private employees in higher services ("pension insurance"), the basic amount of the invalidity pension (old-age pension) is determined by multiplying the 60% basic amount of pension insurance by the number of deductible mining contribution months after the pension insurance. However, the amount established under the previous sentence may not be higher than the basic amount of pension insurance, and if the insured person has not been insured in that insurance, it may not be higher than the increase in the fixed basic amount in the mining insurance; However, it may not be lower than the basic amount of the main insurance.
(3) If the insured person was also insured in pension insurance, the basic amount of the survivor's pension from the basic amount of the invalidity pension shall be determined by the ratio of the survivor's pension to the invalidity pension as laid down in the Pension Insurance Act. However, the basic amount may not be lower than the basic amount of a pension of the same kind from invalidity insurance.
(4) If the insured person was not insured in pension insurance, the basic amount of the survivor's pension shall be the basic amount of the main insurance; if the main carrier of insurance is the carrier of the commission insurance in Czech countries, the basic amount of the widow's pension is half the basic amount of the mining commission (mining full commission).
(5) The basic amounts of commission insurance in Slovakia are basic amounts of disability insurance.
Increase amounts.
(1) The increases are due for all deductible contribution periods in the measure laid down by the regulations applicable (applicable) to the relevant insurance sector.
(2) If the provision insurance is not the main insurance, it is due for the contribution periods obtained in the commission insurance in the Czech countries to the increase in the amount of the full commission. The increase in the amount of commission insurance in Slovakia amounts to 18 CZK per year for each contribution month.
(3) If the increase in the pension of survivors in each insurance sector is not determined directly, it shall be determined from the increase in the invalidity pension by the ratio of the survivor's pension to the invalidity pension.
(4) For the benefit periods of the provision insurance, as well as for the period after 30 September 1924, deductible in the provision insurance, the invalidity pension (old-age pension) shall be increased by 16 CZK per year for each contribution month; In doing so, the increase in the pension which has occurred by assessing the same period under other rules shall be deducted. The widow's pension and the orphan's pension are thus increased by 8 Cds per year, the other survivors' pension by 4 Ccs per year. The increase shall be granted from the first monthly instalment following the publication of this Regulation on a proposal from the creditor; it does not prevent the decision already being taken on the creditor's proposal.
Other pension components.
(1) If the insured person was also insured in invalidity insurance, the age supplement shall be subject to the following derogations:
1. the age difference shall be reduced by the contribution period completed in the other participating insurances before 1 July 1926, rounded up to years; for a period of less than 6 months, no account shall be taken of:
2. if the main carrier of insurance is the carrier of the Czech countries, the average annual increase amount shall be determined by dividing the difference between the number 60 and the number of contribution months obtained at that time in compulsory insurance for the other holders concerned by 12 times the total of the increase amounts obtained in the period from 1 January 1927 to 31 December 1931;
3. if the main carrier of the insurance is the carrier in Slovakia, the period of contribution, obtained in other than invalidity insurance, shall be considered as the period of contribution of invalidity insurance obtained in Class D (Section 111 (3) of Act No. 221 / 1924 Coll., on the insurance of employees in the event of illness, disability and old age, as amended by Decree No. 112 / 1934 Coll.).
(2) If the insured person was also insured in pension insurance, the increase in benefits under Section 177 (a) of the Pension Insurance Act is applicable.
(3) If the entitlement to an age supplement with the entitlement to an increase in the levy referred to in paragraph 2 is met, the age supplement shall be limited to the amount by which it exceeds that increase.
(4) If the insured person obtained at least 30 contribution months in the pension insurance itself, the allowance provided for in Article III of Decree-Law No 316 / 1941 Coll., which amends and complements the Act on pension insurance for private employees in higher services, after the case under Article IV (2) of Act No 70 / 1948 Coll., on the unification of certain provisions in public social insurance. If the insured person has received a shorter contribution period in the pension insurance itself, for each deductible month, the pension insurance shall be 30% of that allowance. If the main mining insurance is the same, this allowance shall be reduced by the difference between the basic amount of the mining insurance and the basic amount of the pension insurance plus the annual allowance under Act No. 156 / 1945 Coll., on the allowances for pensions from public social insurance.
(5) If the insured person was also insured under disability insurance, the special allowance provided for in Section 122 (c) of the Invalidity Insurance Act is applicable.
(6) Where entitlement to the allowance referred to in paragraph 4 meets the entitlement to the special allowance referred to in paragraph 5, the allowance referred to in paragraph 4 shall be limited to the amount by which the special allowance referred to in paragraph 5 exceeds.
(7) If the insured person was also insured in pension insurance, the increase in the pension amount of the State contribution under Section 176 of the Pension Insurance Act is due.
(8) If the insured person was also insured under disability insurance in Slovakia, the pension is always due under Article I of Act No. 70 / 1948 Coll.
Insurance claims for alternative pension institutions.
(1) The period of insurance for a replacement pension institution shall be considered in determining the basic amount and the amount of the increase as the period of insurance under the general pension insurance rules.
(2) If the main carrier of the insurance is a replacement pension institution, the pension, determined in accordance with the rules applicable (applicable) to the general pension holders as the principal, shall be increased by the difference between the pension under the statutes of the replacement pension institution and the pension which would result from the pension insurance itself under the general rules. If the insured person did not obtain 60 contribution months in this insurance alone, the amount of the pension would have been increased had 60 pension months been obtained. The increase in pension is then calculated by dividing this amount by 60 and multiplying the number of contribution months earned in pension insurance.
(3) If the insured person was also insured with a replacement pension institution based in the Czech Republic, which is not the main carrier, the pension provided for under the previous provisions shall be increased by an amount corresponding to any difference between the transfer amount according to the statutes of that institution and the share of the general pension insurance holder as at the date of exit from that insurance. This amount shall be determined on the basis of the figures of the pension insurance holder.
(4) If the insured person was also insured with a replacement pension institution located in Slovakia (Section 12 (2) and (3)), which is not the main carrier, the provisions of paragraph 2 shall apply mutatis mutandis to the increase of the pension.
Outstanding. Funny.
(1) If the insured person has died without having completed the waiting period in one of the participating insurance sectors (Section 3), the disposal is subject to the rules applicable to the last insurance where the conditions for granting the insurance are met.
(2) The benefits to which entitlement under this Regulation has been established (§ 3) must not be lower than those which would have been required if the main insurance had been another of the insurance involved, in which the waiting period itself was completed.
(3) If, until the date of marriage, the insured person has received less than 60 but more than 29 months of the allowance which can be counted against the waiting period, the insured person is entitled to the allowance in accordance with the regulations in force until 30 September 1948 in the Czech countries.
Entitlements of employed pensioners.
(1) If a person has acquired a further period of compulsory insurance with another policyholder at the time when he or she was receiving an invalidity or old-age pension and has also fulfilled the conditions for his or her pension, the new insurance shall be entitled to an increase in the amount of the pension. the completion of the waiting period in the new insurance is not required.
(2) The increases referred to in paragraph 1 shall be understood as an increase due to the statutes for the contribution months exceeding 120.
(3) If the benefit of the pension and the benefit of the increases granted under paragraphs 1 and 2, for reasons other than the death of the pensioner, is lost, account shall be taken, when deciding on entitlement in the new insurance case, of the contribution period for which the increase amounts referred to in paragraphs 1 and 2 have been paid.
Schedule for payment of benefits paid.
The principal holder of the insurance shall pay the insurance benefits calculated under the previous provisions from his own. However, only the part of the benefit resulting from the pension insurance itself under the statutes goes to the detriment of the replacement institution; the remainder goes to the holder of general public pension insurance.
Special types of insurance.
(1) Insurance with the Disability and Old-age Insurance Fund of Czechoslovak State Railways employees (main department) and with the Invalidity and Old-age Insurance Funds of postal staff is considered to be insurance with the holder of the disability insurance scheme when implementing this Regulation.
(2) Insurance with the Pension Fund for the Invalidity and Old-age Insurance of Employees of the Czechoslovak State Railways (Pension Department), with the Pension Fund for the Employees of the National Theatre in Prague, and with holders of insurance according to the Government Decree No. 33 / 1933 Coll., on the Pension Insurance of Private Railways Employees, is considered to be insurance with the replacement institutions of pension insurance.
(3) Insurance under Section 124 of the Pension Insurance and Pension Insurance Act for higher benefits under the Slovak National Council Regulation No. 17 / 1946 Coll. SNR, on the pension insurance of certain private employees for higher benefits, is assessed in the implementation of this Regulation as insurance for replacement institutions.
Transfers between alternate institutions.
If an insured person has entered into insurance with a replacement institution that has obtained contribution periods from another replacement institution and if the transfer amount (insurance) has not been issued under other regulations, the former replacement institution shall be obliged to surrender to the new replacement institution a transfer amount equal to the amount of the transfer amount according to Government Decree No. 10 / 1931 Coll., on the transfer amounts and figures of the General Pension Institute and Replacement Institutions, as amended by Government Decree No. 3 / 1939 Coll. The new Institute shall use the amounts received in accordance with the rules applicable to it.
Transfers between holders of insurance and holders of public pension measures and between holders of public pension measures to each other.
Range.
(1) This section regulates the rights of persons,
1. which have been insured under the Regulations on Public Pension Insurance and have become staff members of the public pension scheme between 1 March and 30 September 1948,
2. whose claims under the public pension scheme ceased to exist other than by death or payment of severance pay, which excluded the issue of the transfer amount (insurance premiums) under the social security transfers (provision) regulations applicable before 1 October 1948,
3. which have not lost the nature of the staff involved in the public pension provision by transferring between two employers,
if, between 1 March 1940 and 30 September 1948, they are entitled to a benefit from public pension insurance or to a retirement pension (provision) salary from a public pension scheme.
(2) Persons who have been excluded from public pension insurance because they have been guaranteed normal (equivalent) pension entitlements in their employment (hereinafter referred to as "exempted employment ') shall be considered to be participants in public pension schemes.
(3) An adjustment under this Part is without prejudice to the assessment of the transfer amounts made at the time of the transfers between the public pension scheme and the public pension insurance that took place before 1 March 1940, unless otherwise specified.
Entitlements from pension insurance of persons whose claims under the pension scheme have ceased to exist.
(1) Persons whose claims under the public pension scheme have expired (Section 14 (1) (2)), shall be counted as pension insurance holders.
1. the period which they would have obtained if they had been compulsorily insured as private employees in higher services in accordance with the pension insurance regulations applicable (applicable) in the territory where the employment was carried out. The period of employment before 1 January 1909 and, as regards employment in Slovakia, before 1 January 1922 shall not be looked at;
2. the period previously obtained in public pension insurance, as it was obtained in that insurance.
(2) The period of employment excluded shall be counted against the pension insurance holder at the date of the termination of the public pension claim. The periods covered only count once.
(3) If the staff member has exercised the right to supplement the amount issued under the social insurance transfers (arrangements) regulations applicable before 1 October 1948, to the amount needed to set off the entire period, the employer is obliged to issue the pension insurance holder the actuarial value of the amount paid by the employee for the supplement.
(4) If the employer has accepted, for an employee transferred from the holder of public pension insurance to a public pension scheme, amounts corresponding to claims exceeding pension rights, he shall be obliged to surrender these amounts to the holder of pension insurance if the claims of the public pension scheme cease.
(5) The employer shall be obliged to pay the amounts referred to in paragraphs 3 and 4, if this has not already happened, within six months of the date of publication of this Regulation, with 5% interest. The pensioner shall use these amounts to provide supplementary insurance for the disability pension and other benefits provided for by the Pension Insurance Act according to the approved rates. If these amounts are not sufficient to cover a fixed pension for an invalidity (old-age) of 200 CZK per year, the insured persons shall be issued.
Entitlements from public pension arrangements for persons who have transferred from public pension insurance.
(1) If a person who has been insured in a public pension insurance scheme and does not benefit from an invalidity or old-age pension, until the retirement period has expired, he or she shall be credited to the period applicable to the entitlement to the repayable (provision) salaries and to the period completed in the insurance under the provisions of paragraph 2.
(2) The provisions of § 4 to 12 of Decree-Law No 273 / 1937 Coll., on the use of the transfer amounts of public insurance (provision) in a service exempted from the pension obligation apply mutatis mutandis to the determination and assessment of the duration of the counted period, with the following derogations:
1. The length of the counted period in months shall be determined by multiplying the sum of the insurance premiums corresponding to the contribution period, obtained in the public pension scheme, by 85,84 and dividing the first pension base resulting from the staff member's service salary after the transfer; the provisions on the pension base applicable until 31 December 1943 shall be followed. The result is rounded to an integer. In dubious cases, the pension base will be determined by the Ministry of Labour and Social Welfare in agreement with the central authorities involved.
2. Paragraph 6 (2) (b) of Decree-Law No 273 / 1937 Coll. applies even if the employee was subject to an insurance obligation in a sector other than pension insurance.
3. Compliance with the condition that this is a full-time employment period [Paragraph 6 (2) (a) of Decree-Law No 273 / 1937 Coll.] is not required for postal expedients, postal assistants and postal messengers; there is no requirement to fulfil the conditions of an equivalent service [Paragraph 6 (2) (b) of that Government Regulation].
4. The provisions 2 and 3 also apply to transfers made between 1 January 1929 and 29 February 1940.
(3) The term of public pension insurance is to be taken into account on the date of entry into the exempted employment and, if the staff member has been appointed in a pragmatic (regulated) service relationship with retroactive effect, on the date of service of the appointment decree. If an invalidity or old-age pension has been granted from the insurance, that period shall be taken into account on the date on which the entitlement to the pension was terminated.
(4) On the date of set-off referred to in paragraph 3, entitlement to benefits from public pension insurance shall cease.
(5) If a retroactive staff member is entitled to a retirement pension from a public pension scheme, the amounts already paid to him on public pension benefits for the same period shall be included in those salaries. This applies mutatis mutandis to the claims of such staff members.
Entitlements of persons who have transferred between holders of public pension arrangements to each other.
Paragraph 16 applies mutatis mutandis to the claims of persons who have transferred between the holders of public pension measures to each other.
Entitlements of employed beneficiaries of resting (provision) salaries.
(1) If the beneficiary of the retirement allowance, the contribution period of the public pension insurance scheme and the conditions for granting the pension from that insurance are met, he shall be entitled only to an increase; the completion of the waiting period is not required.
(2) The increase in insurance amounts with the replacement institution is the increase due according to the statutes for the contribution months exceeding 120.
(3) Entitlement to increase amounts will not arise if their total is less than 300 CZK per year.
Notification obligation.
(1
(2) If the claims arising from the public pension scheme (Section 14 (1) (2)) are lost, the former employer is obliged to notify, upon request, to the carrier of the pension insurance within 6 months of the personal data of the employee, the period deductible in accordance with the provisions of Section 15 and the other facts relevant to its offsetting.
(3) If an employee has been transferred between the holders of public pension arrangements, the former employer shall, upon request, notify the new employer of the personal data of the employee within 6 months and the period deductible under Paragraph 17.
Transitional provisions.
Entitlements of staff in the provisional grade.
If the period under this Regulation is set off, the staff member shall be entitled to rest pay, even if he is not entitled to such a right under the public pension arrangements for his provisional classification, provided that the other conditions for entitlement are otherwise fulfilled. The conditions and the amount of the staff member's entitlement in the provisional classification and the survivors of such staff member shall be governed by the rules applicable to the final staff member.
Recalculating rest (provision) salaries.
(1) Recoverable salaries which have been determined otherwise than as provided for in Article 16 shall be calculated, at the request of the creditor, with effect from 1 October 1948.
(2) The amounts by which the staff member (survivors) paid more than those resulting from the conversion provided for in paragraph 1 before the publication of this Regulation in order to supplement the transfer amount (Paragraph 15 (3)) shall not be refunded.
Transfer amounts.
(1) Amounts issued before the application of this Regulation under the current provisions on social security transfers (measures) remain with the holder of the insurance (measures) which has accepted them.
(2) The provisions on the obligation for the holders of public pension insurance and for the employers of persons in the exempted employment to issue, at mutual transfers, payment amounts for claims exceeding the rate of the general rules on public pension insurance remain unaffected.
(3) If the employee has been excluded from public pension insurance retroactively before the application of this Regulation and, therefore, the cancellation of the insurance and the reimbursement of the premiums for the period from the date of the retroactive provision, this condition shall be maintained.
Final provisions.
Removing the temperament.
The Ministry of Labour and Social Welfare may, on a case-by-case basis, take measures to eliminate the difficulties that would arise in implementing this Regulation; If there are resting (provision) salaries, they do so in agreement with the Ministry of Finance.
Efficiency.
This Regulation shall enter into force on the day of its publication, provided that its individual provisions do not result in a different beginning of their effectiveness; they shall be carried out by the Minister for Labour and Social Welfare in agreement with participating members of the Government.
Zaporocký v. r.
Erban v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No. 44 / 1950 Coll., on certain transfers in social insurance (provision) before 1 October 1948 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.05.1950 |
|---|---|
| Effective from | 18.05.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0