Government Decree No. 48 / 1958 Coll.
Regulation on the adjustment of pension entitlements based on the commitments of budgetary and economic organisations
Valid
Effective from 01.10.1958
48
Government Regulation
of 20 August 1958
on the adjustment of pension entitlements based on the commitments of budgetary and economic organisations
The Government of the Czechoslovak Republic orders, pursuant to § 87 of Act No. 55 / 1956 Coll., on Social Security ("the Act '):
General provisions
Pension entitlements under this Regulation shall mean:
(a) pension rights belonging to employees under the employer's contractual obligation, including pension rights of former employees on seized or confiscated agricultural property, provided that such rights have not been governed by specific provisions (hereinafter referred to as "contractual pension entitlements");
(b) pension rights on account of compensation for damage caused to employees on pension rights (insurance) by failure by the employer to comply with social insurance rules ("supplementary pension entitlements"),
where such pension entitlements are committed by budgetary organisations or economic organisations of the state or cooperative socialist sector (hereinafter referred to as "organisations').
(1) The State Social Security Office shall settle the pension rights referred to in Article 1 if they have been recognised by the organisation or have been designated by the court by power; settle them in accordance with the condition on 1 October 1958 to the extent and under the conditions laid down in other provisions of this Regulation.
(2) The State Social Security Office may refuse to settle pension entitlements legally unfounded or insufficiently proven, even if recognised by the organisation.
(3) Pension entitlements, if they exceed the scope laid down in this Regulation, as well as pension entitlements which the State Social Security Office refuses to settle (paragraph 2), are hereby terminated.
(4) Pension entitlements taken up for settlement by the State Social Security Office and belonging to persons covered by Section 1, as well as the survivors of such persons, may be adjusted by the Social Security Board of the Councils of the National Committees under the same conditions and to the same extent as they may adjust the social security pension provided for in Article IV of Act No. 41 / 1958 Coll., on certain changes in social security, or under Act No. 40 / 1958 Coll., on the adjustment of pensions of certain sentenced persons.
Contractual pension entitlements
(1) The contractual pension entitlements are maintained
(a) oldage and invalidity pension rights;
(b) rights to the pension of widows and orphans, where such pensions have been awarded or the conditions for granting them have been fulfilled before 1 October 1958; However, when settling contractual pension entitlements, the State Social Security Office may, for reasons worthy of special consideration, grant widow's and orphan's pensions even where the conditions for granting them are not fulfilled until 30 September 1958.
(2) Contractual pension entitlements are maintained up to the level
(a) 250 CZK per month if it is an old-age or invalidity pension;
(b) 125 Cds per month, if it is a widow's pension or a two-way orphan's pension,
(c) 62,50 CZK per month if the pension is for a unilaterally orphan child;
in kind benefits shall be accounted for by an amount determined in accordance with the general provisions on the valuation of natural benefits.
(3) If several contractual pension entitlements are established, the provisions of paragraph 2 shall apply to their total.
(4) Pensions from contractual pension entitlements to be settled by the State Social Security Office are granted as supplementary pensions under social security rules.
(5) Pensions on contractual pension rights of employees of the second and third working categories are reduced by an amount by which the sum of the pension income (insurance) and the pension from the contractual pension entitlement exceeds 85% of the average annual earnings. Remaining from a staff member who would be entitled to a pension from a contractual pension entitlement reduced according to the preceding sentence shall be entitled to a pension of survivors calculated from a reduced pension; This also applies to pensions of pensioners.
(6) Where a pensioner of a pension from a contractual pension entitlement does not belong to a pension of the same kind or to a pension provision or to an excess pension, the limit laid down in paragraph 2 shall apply only to the part by which the pension from the contractual pension entitlement exceeds that of the
(a) an amount of 400 CZK per month if the pension is elderly or invalidity,
(b) an amount of 240 CZK per month, if the widow's pension or the two-sided orphan's pension are concerned,
(c) an amount of 120 CZK per month if the pension is for a unilaterally orphan child.
The provisions of paragraph 3 shall also apply in such cases.
(7) The provisions of paragraphs 1 to 6 shall also apply to claims for supplementary pension rights. The State Social Security Office shall not grant arrears for the period before 1 January 1958.
(1) The pension from the contractual pension entitlement is granted only under the conditions applicable under the law for the establishment and duration of the pension rights of the same kind from pension insurance.
(2) An old-age pension of one third (Paragraph 10 (4) and (5) of the Act) and a partial invalidity pension do not benefit from a contractual pension entitlement.
(3) Paragraph 49 of the Law on the security of pensioners in sickness also applies to the pensioners referred to in Article 3 (6).
Replacement pension entitlements
(1) Replacement pension rights of persons who are not pensioners under social security rules on 1 October 1958 will be settled in such a way that the uninsured period [Paragraph 1 (b)] will be considered as a period of employment under Section 6 of the Act.
(2) Pensions resulting from the replacement pension entitlement of persons who, on 1 October 1958, are pensioners under social security rules shall, when they are taken over by the State Social Security Office, be combined to the current amount of pensions provided under those rules.
(3) The pensions arising from the replacement pension entitlement, in addition to which the pension of the same kind is not related, nor from pension insurance, nor from pension improvements, have since 1 January 1958 been increased in accordance with the provisions of Government Regulation No 53 / 1956 Coll., to increase certain pension pensions. Paragraph 39 to 49 of the Act shall apply mutatis mutandis to the continued duration of the entitlement to these pensions and to the security of their beneficiaries in sickness.
(4) Similarly, according to the provisions of the preceding paragraphs, pension rights acquired by employees in Slovakia under contracts with their employers until 31 December 1921 will be settled.
(5) The State Social Security Office shall not grant supplementary pension payments from supplementary pension entitlements for the period before 1 January 1958.
Common provisions
(1) The State Social Security Office shall, by means of an order in the Official Gazette, determine the persons entitled from the contractual pension rights, within which time limit and how they are required to register their contractual entitlement with him.
(2) If the person to whom the registration requirement referred to in paragraph 1 is imposed does not declare his contractual entitlement within the prescribed period, the claim shall cease.
(3) The supplementary pension entitlement must be claimed against the debtor organisation within one year of the pension pension, otherwise it will expire.
The State Social Security Office shall settle pension entitlements from which the organisation of the State Socialist sector is bound, without compensation; However, those organisations are obliged to transfer to the State budget special-purpose assets or reserves intended for the performance of these obligations. The cooperative socialist sector organisations are obliged to pay the full remuneration needed to settle the State budget.
Organisations are required to fulfil their obligations under legally substantiated and sufficiently proven pension entitlements after 30 September 1958 until the date on which the State Social Security Office takes over the settlement of those claims; the organisation must comply with the provisions of Sections 3 and 4 (1) and (2). The State Social Security Office shall reimburse the organisations for the amounts paid in discharging those commitments for the period from 1 October 1958.
Pension income is not taxed; Paragraph 82 (1) of the Law applies mutatis mutandis.
Paragraph 3 to 5 also applies in cases where the State Social Security Office took over the settlement of pension rights before 1 October 1958.
The State Social Security Office may, in agreement with the participating central authorities, determine which organisations are considered to be budgetary or economic organisations of the state or cooperative socialist sector for the purposes of this Regulation.
The State Social Security Office may issue by decree the provisions necessary for the implementation of this Regulation, in particular those relating to:
(a) the synergies between the organisations obliged to implement this Regulation;
(b) determining the contractual pension rights of employees for whom the conditions for granting the benefit will not be met on 1 October 1958;
(c) the coexistence of the contractual pension entitlement with the entitlement (pension) from pension improvements;
(d) the derogating conditions for the establishment and duration of the contractual pension entitlement of persons who are not entitled to a pension of the same kind, neither under social security rules nor under pension schemes.
This Regulation shall enter into force on 1 October 1958; they shall be implemented by the President of the State Social Security Office in agreement with the participating members of the Government.
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Regulation Information
| Citation | Government Regulation No. 48 / 1958 Coll., on the adjustment of pension entitlements based on the commitments of budgetary and economic organisations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.09.1958 |
|---|---|
| Effective from | 01.10.1958 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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