Decree No. 48 / 1961 Coll.

Decree of the Central Council of Trade Unions and the State Social Security Office on the provision of certain sickness and pension benefits to citizens participating in the preparation for the defence of the Czechoslovak Socialist Republic

Valid Effective from 02.05.1961
48
DECLARATION
Central Councils of Trade Unions and State Social Security Office
of 28 April 1961
on the provision of certain sickness and pension benefits to citizens participating in the preparation for the defence of the Czechoslovak Socialist Republic
The Central Council of Trade Unions and the State Social Security Office shall determine, pursuant to § 2 (3) (c) and § 9 of Act No. 54 / 1956 Coll., on sickness insurance for employees, and § 3 (3) (c) and § 32 of Act No. 55 / 1956 Coll., on social security:
§ 1
Citizens participating in the preparation for the defence of the Czechoslovak Socialist Republic (hereinafter referred to as "participants') shall be granted sickness and pension insurance benefits to the extent and under the conditions set out in the other provisions of this Order; in the absence of any derogation, the general provisions on sickness insurance and occupational pensions shall apply to the provision of these benefits.
§ 2
(1) The preparation for the defence of the Czechoslovak Socialist Republic (hereinafter referred to as "preparation") includes defence, physical and medical preparation, preparation for civil defence and other necessary preparation; It is organized by voluntary organisations, especially the Association for Cooperation with the Army, the Czechoslovak Union of Physical Education, the Czechoslovak Red Cross, the Czechoslovak Union of Fire Protection, the state authorities, schools, economic and other organisations.
(2) Participation in an event which is organised and designated in advance as a preparation and is also carried out shall be deemed to have taken part in the preparation.
§ 3
In order to participate in the preparation, the following shall be provided:
1. preventive and medical care in accordance with the regulations on it; *)
2. sickness insurance of spa care, sickness and funeral benefits in the scope and under the conditions laid down in Section 4;
3. the pension insurance of the benefit provided for in § § § 34, 35, 37 and 38 of Act No. 55 / 1956 Coll., on Social Security, as amended by Act No. 41 / 1958 Coll. and Act No. 17 / 1959 Coll. ("the Social Security Act"). *)
§ 4
(1) Spa care, sickness care and death grants under this Decree are granted if the accident, illness or death occurred during or directly related to the preparation; the direct link between the disease and participation in the preparation is verified by the Medical Advisory Board. * *)
(2) Spa care shall be provided to the participant by analogy with the rules applicable to employees.
(3) The sickness benefit is due to a participant in an incapacity for work if it is caused by an accident or illness in preparation or in direct connection with it. It shall be provided for a period during which the participant, due to that incapacity for work, has, for at least a substantial part of the source of his or her livelihood, or for which the cost of his or her life has increased substantially from the first day of his or her incapacity for the disease at the earliest on the eighth day, incapacity for work for accident (occupational disease). However, support periods are always calculated from the beginning of incapacity for work. * * *)
(4) The sickness allowance is granted on working days; is 16 CZK per working day.
(5) The death grants belong to the survivors of the participant as in the death of the staff member.
§ 5
If a participant is entitled from his other sickness insurance (security) to benefits or benefits of the same kind or of the same type as in § 4, or to other benefits or benefits, that entitlement shall remain unaffected; the benefits provided for in Article 4 are no longer applicable. If such a participant has suffered an accident during preparation or in direct connection with it (occupational disease), this shall be considered for the purposes of sickness insurance as an accident at work in an activity from which he is otherwise insured.
§ 6
(1) If the participant in the preparation has become disabled or partially disabled as a result of an accident or illness arising from the performance of duties under the defined preparation programme, he shall be entitled to an invalidity pension or partial invalidity pension equal to the amount determined in accordance with Section 34 of the Social Security Act.
(2) If the participant in the preparation has become disabled or partially disabled as a result of an accident or illness arising directly from participation in the preparation in circumstances other than those referred to in paragraph 1, he shall be entitled to an invalidity or partial invalidity pension equal to the amount determined in accordance with Paragraph 35 of the Social Security Act.
(3) If a participant has died as a result of an accident or illness arising from, or in direct connection with, preparation, the survivors of the benefit provided for in Article 20 to 25 of the Social Security Act, calculated on the basis of the pension which the participant would be subject to under the preceding paragraphs; This applies mutatis mutandis to survivors of a pensioner granted under the preceding paragraphs.
§ 7
The insurance premiums for the costs associated with the implementation of this Order shall not be paid.
§ 8
(1) A participant who has suffered an accident or has become ill during or in direct connection with the preparation shall report it without delay to the organisation of the preparation file; This applies mutatis mutandis to survivors of such participant.
(2) The constituent which organises the preparation must cooperate in the determination of the facts relevant for the assessment of claims under this Decree and issue a certificate on those facts. It is also required to report an accident (occupational disease) not later than eight days after the examination of the Social Security Department of the relevant District National Committee with an accurate description.
(3) Participants who are insured under staff sickness insurance rules shall be entitled to sickness insurance benefits from the institution carrying out their insurance. The other participants apply it to the district trade union board responsible for their residence or to the Prague trade union board if they are resident in the territory of the capital city of Prague.
§ 9
(1) Decree No 11 / 1952 of the Ú. l., which sets out the details of the security of the participants in professional training in accidents and diseases, is repealed.
(2) From the date of application of this decree, the provisions of Decree No 238 / 1957 of the Ú. l., on sickness insurance and pension insurance for voluntary firefighters, civil defence, Czechoslovak Red Cross medical professionals, blood donors, Mountain Service members and caregivers shall cease to apply.
§ 10
This decree shall take effect on 2 May 1961.
Secretary of the Central Council of Trade Unions:
Koukol v. r.
First Deputy President
State Social Security Office:
Dr John v. r.
*) § 7 (1) (d) and (e) of the Rules of Procedure (Decree No 164 / 1958 Ú. l.).
*) § 30 (3) of Act No. 40 / 1961 Coll., on the Defence of the Czechoslovak Socialist Republic.
* *) Medical Advisory Board at the District Health Centre according to point IV / 11 of the Guidelines for Assessment Activities in Medical Institutions, issued under order No. 3 / 1957 Coll. for Executive Authorities of National Committees.
* * *) § 15, paragraphs 3 to 5 of Act No. 54 / 1956 Coll., on staff sickness insurance.

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Regulation Information

CitationDecree of the Central Council of Trade Unions and State Social Security Office No. 48 / 1961 Coll., on the provision of certain sickness and pension benefits to citizens participating in preparation for the defence of the Czechoslovak Socialist Republic
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation29.05.1961
Effective from02.05.1961
Effective until-
Status Valid
The regulation text is for informational purposes only.
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