Act No. 47 / 1946 Coll.
Law on the elimination of injustices and certain protective measures in the field of social insurance
Valid
Effective from 01.06.1945
47.
Law
of 5 March 1946
on the elimination of injustices and certain protection measures in the field of public social insurance.
The Provisional National Assembly of the Czechoslovak Republic decided on the following Act:
The provisions of this Act apply to insured persons of Czechoslovak nationality.
A. To eliminate the injustices.
1. Pension insurance measures.
(a) The counting of oppression periods and resistance activities.
(1) The following shall be included as compulsory insurance periods:
(a) the period of limitation of liberty for national, political or racial oppression (in further oppression);
(b) the duration of activity in domestic resistance units, in guerrilla divisions and in foreign resistance, but only as long as it lasted more than 28 days.
(2) The period referred to in paragraph 1 shall be set off:
(a) for persons who have already been insured before this period, if their insurance claims have been maintained on or after 29 September 1938; if they have not been maintained, that period shall be counted only if they have entered the employment, which shall be the subject of an insurance obligation, until 31 December 1946;
(b) in the case of persons who have not yet been insured, who have entered into employment, starting an insurance obligation, before 31 December 1946, in the case of students of secondary, vocational and high education schools, or who are equal to or equal to them within 6 months of the end of the studies.
(3) The calculation shall be made:
(a) in the case of paragraph 2, point (a), for the last holder of insurance before the period referred to in paragraph 1, in the class (pension basis) corresponding to - corresponding to - deductible benefits (earnings) which would have been due on the date of application of this law to insured persons under the general salary arrangements or special service contracts, unless such salary adjustments or special service contracts are made, they may be replaced by a certificate of a uniform union organisation of the amount of salary that employee would have achieved on the date of application of this law;
(b) in the case of paragraph 2 (b), for the first holder of the insurance, in the class (pension basis) in which the insured person will be assigned upon entry into the insurance.
In commission insurance, from 1 April 1943, in the case of (a), the deductible earnings there, in the case of (b), are based on the first deductible earnings. For each contribution month so set off before 1 April 1943, the annual increase shall be 18 CZK; if the insured person performed significantly mining work immediately before the period referred to in paragraph 1, 22 Kčs. In Slovakia, the annual increase amount is 10 CZK.
(4) The calculation under the previous provisions cannot be made if this period is taken into account in a state or other public pension scheme.
(5) If the period counted under the previous provisions coincides with the period of compulsory or voluntary insurance, those periods shall be calculated only once for the waiting period, the maintenance of the waiting period and the conditions of voluntary insurance. Then it comes to pass:
(a) compulsory voluntary insurance;
(b) pension insurance for private employees in higher services for temporary insurance and both such insurance for invalidity and old-age insurance.
(6) The insurance premiums for the period counted under the previous provisions will be paid by the State. The Minister for Labour and Social Welfare shall lay down the details in agreement with the Minister for Finance.
(7) Voluntary insurance under Paragraph 28 of the Government Decree of 19 December 1940, No 96 Coll. of 1941, on transfers in social insurance (provision), carried out during the period referred to in paragraph 1, is abolished by offsetting that period in a state or other public pension scheme. The insurance will return with the payer's interest.
(b) Forced transfers.
(1) If the insured person for oppression was forced to withdraw from the employment of the insurer and to enter the employment of another pension insurance sector, the insurance shall be carried out for the duration of that other employment with the last pensioner. The reduction of deductible benefits shall not be taken into account. The holder of the invalidity and old-age or commission insurance shall pay the insurance and accepted transfer amount with interest to the carrier of the pension insurance. If the insurance case has already occurred, the amounts paid on benefits are payable to the pension insurance holder.
(2) The provisions of paragraph 1 shall apply mutatis mutandis to forced transfers from temporary insurance to invalidity and old-age insurance and to forced transfers from insurance to replacement institutions or to holders of insurance under Section 3 of the Pension Insurance Act of private employees in higher services or from insurance under Section 124 of the same Act to insurance at the General Pension Institute or in Slovakia from insurance to higher benefits.
(3) The difference between insurance premiums, raising taxes and bailouts will be paid by employers from the period of oppression. These employers are jointly and severally liable for outstanding amounts with the employer in whose services the insurance policy has changed.
(c) the measures taken in the improvement facilities.
(1) In the case of insured persons who have lost the supplementary insurance paid by ordinary contributions for oppression, the amount of time lost shall be taken into account. The payment shall be made by a one-off premium, fixed on the basis of the applicable premium rates, to be paid by the employer of the insured person from the period of oppression, in proportion to the amounts paid to the insured person on wages. These employers are jointly and severally liable for outstanding amounts with the employer in whose service the supplementary insurance has been terminated.
(2) In the case of employees who, for the purposes of oppression, have ceased to be a member of a bonus institution under Section 119 of the Pension Insurance Act for Private Employees in Higher Services, or a participant in an excess pension establishment under Section 121 of that Act, or in accordance with Section 258 of the Insurance of Employees in the event of sickness, invalidity and old age, the assessment of benefits is treated as if the termination of membership had not occurred.
Paragraph 3 and 4 shall not apply where and where the damage to insurance has already been eliminated to at least the same extent according to existing rules.
(d) Waiting time.
If invalidity or death occurred as a result of participation in the fight for freedom or as a result of oppression, the waiting period shall be deemed to have been completed in the class (pension basis, earnings) referred to in Section 2, paragraph 3. If, in this case, the insured person was insured in several pension insurance sectors, the waiting period shall be deemed to have been completed with the principal holder of the insurance. The main carrier of the insurance is the participating pension insurance holder and, if not, the participating carrier of the commission insurance.
(e) The establishment of a pension entitlement.
If invalidity or death occurred as a result of participation in the fight for freedom or oppression, the pension shall be entitled to the day on which the invalidity or death occurred. If the date of death cannot be ascertained, the survivor's pension shall be entitled to the day on which the insured person was still alive, according to the latest report; If there are no such reports, the pension is entitled to the survivors' pension on the date of the arrest or other relevant event (leaving residence and under.).
(f) The retention of claims.
The limitation periods laid down for claims arising from the public pension insurance of persons covered by Paragraph 2 and their authorised family members shall be suspended from the date on which the events referred to in paragraph 2 occurred until 31 July 1947.
2. Accident insurance measures.
The limitation periods laid down for claims for accident insurance benefits of persons covered by Section 2 and their authorised family members shall be suspended from the date on which the facts referred to in Section 2 occurred until 31 July 1947.
3. Measures in sickness insurance.
(1) If the provision of sickness insurance benefits depends on the expiry of a certain period of insurance (waiting period), the period referred to in Article 2 (1) shall be counted.
(2) The limitation periods laid down for benefits under the public sickness insurance of persons covered by Section 2 and their authorised family members shall be suspended from the date on which the facts referred to in Section 2 occurred until 31 July 1946.
B. The inclusion of certain special periods in pension insurance.
(1) The term of compulsory insurance includes emergency services, technical emergency services, air services, technical emergency assistance and emergency services in trench work, if these services were carried out in Czech or Moravian-Silesian countries. The Government is hereby authorised to implement in an agreement with the Slovak National Council an adjustment to the netting of similar services in Slovakia, if needed.
(2) The period referred to in paragraph 1 shall be set off:
(a) in the case of persons who, on the date of entry into those services, have retained insurance rights (waiting), with the last carrier of insurance before that time;
(b) in the case of other persons with the first holder of the insurance, if he enters the employment giving rise to the insurance obligation by 31 December 1946. For students of secondary, vocational and high schools, or who are compared to them within 6 months of the end of the studies.
(3) The calculation shall be made:
(a) in the case of paragraph 2 (a), in the class (pension basis) in which the insured person was assigned before the start of the service, but at least according to the deductible annual benefits (annual earnings) of 18000 Kcs;
(b) in the case of paragraph 2 (b), in the class (pension basis) in which the insured person will be assigned upon entry into the insurance.
From 1 April 1943, in the case of (a), the last deductible earnings before the start of the service, but at least the annual earnings of 18,000 CZK, in the case of (b), the first deductible earnings.
(4) There will be no netting under the previous provisions,
(a) where the insured person has already been covered by at least equivalent obligations at the time referred to in paragraph 1;
(b) if that period is taken into account in a state or other public pension scheme.
(5) The calculation of the period referred to in the preceding paragraphs shall cancel the current compulsory insurance for the same period. If the insurance case has occurred, the amounts paid on benefits shall be borne by the holder of the insurance, who shall be responsible after netting.
(6) Paragraph 2 (5) applies mutatis mutandis.
(7) Insurance premiums for the period counted under the preceding paragraphs shall be paid by the State. Insurance premiums cancelled pursuant to paragraph 5 shall be settled for this remuneration. The Minister for Labour and Social Welfare shall lay down the details in agreement with the Minister for Finance.
C. On the protection of persons called for military service.
1. In pension insurance.
The period of compulsory insurance shall also include the period of military service or equivalent service, exceptional active military service and training in arms (training) when such services (exercises) have been carried out after the period of imprisonment has expired. Paragraph 11 (2) to (4) shall apply mutatis mutandis. The insurance shall be paid by the State in aggregate money, which shall be determined by the Minister for Labour and Social Welfare in agreement with the Ministers for National Defence and Finance.
2. In sickness insurance.
(1) Persons called upon to serve as a military representative or an equivalent service, to exercise in arms (training in the service of a servant) and to operate in exceptional service of a military service are entitled to family benefits and to death grants for family members.
(2) The benefits referred to in paragraph 1 are granted by a carrier of sickness insurance against whom the beneficiary was entitled to a military service occupation. In the absence of such a carrier, benefits are provided by the district sickness insurance company in whose district members of the family live.
(3) The entitlement to the service referred to in paragraph 1 shall begin on the day of the military service profession and end three weeks after the discharge of the service, following prior entry into a sick employment.
(4) The cost shall be paid by the State on a quarterly basis by the aggregate money provided by the Minister for Labour and Social Welfare in agreement with the Ministers for National Defence and Finance.
D. The removal of impurities.
The Minister for Labour and Social Welfare is hereby authorised to take measures to eliminate the difficulties which would arise in the implementation of this Act, in particular if they were students of secondary, professional, high or equivalent schools or persons who have been prevented from entering a job corresponding to their prior training and education.
E. On proceedings in the application of claims.
(1) Measures under the provisions of Sections 2 to 13 shall be implemented on the basis of a proposal from insured persons or authorised family members. For persons who have not yet been insured, proposals shall be submitted within 12 months of their entry into employment, establishing an insurance obligation; for other persons, until 31 July 1947, but if the period of service provided for in Paragraph 12 is counted, within 12 months of the end of that service.
(2) The application lodged with the non-competent policy-holder shall be forwarded without delay to the competent authority. The applicant shall be informed accordingly. The period shall be deemed to have been maintained if the application has been submitted in time for the non-competent holder of the insurance.
(3) Authorisations shall be required to submit the documents necessary to decide on their entitlement.
Provisions implementing.
(1) This Act shall take effect on 1 June 1945.
(2) The provisions governing matters covered by this law shall cease to apply (usability) on the date of its application.
(3) This law will be implemented by the Minister for Labour Protection and Welfare in agreement with participating members of the government.
Dr Beneš v. r.
Fierlinger v. r.
Dr Šoltész v. r. o.
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Regulation Information
| Citation | Act No. 47 / 1946 Coll., on the Removal of Injury and Certain Protection Measures in the Field of Public Social Insurance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.03.1946 |
|---|---|
| Effective from | 01.06.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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