Decree No. 50 / 1960 Coll.
Decree on sickness insurance and pension insurance for writers, music composers, artists, architects, scientific researchers, performers and artists
Valid
Effective from 01.05.1960
50
DECLARATION
Central Councils of Trade Unions and State Social Security Office
of 15 April 1960
on sickness insurance and pension insurance for writers, composers, artists, architects, scientific researchers, performers and artists
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 occupational sickness insurance, and § 3 (3) (c) and § 32 and 69 of Act No. 55 / 1956 Coll., on social security:
General provisions
Basic provisions
(1) For sickness insurance and pension insurance for writers, music composers, artists, architects, researchers, performers and performers, recognised by the relevant senior organisation (hereinafter referred to as "artists") who pursue their activities as a profession constituting a permanent and principal source of income, but not in employment, the general rules on sickness insurance and occupational pensions apply, unless further provisions of this Decree provide for derogations; condition is that the artist
(a) is no longer, for any other reason, an employee or a member of the production cooperative or a pension arrangement of members of the armed forces;
(b) does not benefit from an old-age, invalidity, personal or service pension or similar pension pension (insurance, provision);
c) does not exceed 65 years of age and if it is a woman, 60 years of age
(compulsory insurance). *)
(2) Artists who
(a) are already involved in pension insurance as employees or as members of production cooperatives or pension arrangements of members of the armed forces; or
(b) benefit from one of the pensions referred to in paragraph 1 (b); or
(c) they have reached the age of 65 and are female, 60 years old,
they are insured (secured) as artists referred to in paragraph 1, with the derogations provided for in this Decree, if they engage in their activities as a profession constituting a permanent source of income but not in employment, and if they apply for insurance (optional insurance).
(3) For the purposes of this decree, the following shall also be regarded as performers:
(a) professional musicians recognised by organisations set up to manage and organise concert and other music activities under Act No. 81 / 1957 Coll., on Concert and Other Music Activities, and under the regulations issued under it;
(b) entertainers recognised by the organizations to which it is competent to manage and organise the estates according to Act No. 82 / 1957 Coll., on estates, artistic productions and folk entertainment, and according to the regulations issued under it. * *)
(4) The scope, which according to this decree, belongs to the relevant high-level design organisation of artists,
(a) in the case of the scientific researchers of the Scientific Workers' Commission of the Central Committee of the Union of Employees of Education, Science, Arts and Press, in accordance with the principles agreed with the Czechoslovak Academy of Sciences;
(b) in the case of artists of an organisation to which it is competent to organise and conduct an artistic activity under Act No. 82 / 1957 Coll. and the regulations issued under it,
(c) in the matters of professional musicians and entertainers of the organisation referred to in paragraph 3.
(5) The establishment and duration of compulsory insurance referred to in paragraph 1 shall result in the disappearance and shall exclude the creation of insurance by the same person under the rules on sickness and pension insurance of members of single agricultural cooperatives and on pension insurance of individual farmers and other persons self-employed.
Establishment and termination of insurance
(1) The compulsory insurance of an artist referred to in Article 1 (1) shall be established on a date to be determined by the relevant senior organisation as the date on which the artist began to carry out his activity on a continuous basis and shall expire on a date to be determined by that organisation as the date on which that activity ends; the date from which the artist no longer fulfils any of the conditions set out in points (a) to (c) of Paragraph 1 (1).
(2) The compulsory insurance of an artist referred to in Article 1 (2) shall be incurred on the date from which the artist applied for the insurance, but not earlier than 1 January of the year in which the application for insurance came to the authority responsible for carrying out the insurance under this Order and shall expire on the date on which the artist applied for the insurance, but not before the end of the calendar month in which the check-out took place; it also ceases to exist at the end of the month for which the premium was last paid, if the artist did not pay the premiums due for a period of one year, although it was recalled and noted the consequence of the delay.
Reception stages
(1) For the purposes of this decree, the compulsory insurance of artists shall be classified by the amount of income arising from their activity in the income stages determined by fixed monthly amounts:
| 250 Kčs | při výši příjmu do 5 400 Kčs ročně, |
| 500 Kčs | při výši příjmu nad 5 400 Kčs do 11 400 Kčs ročně, |
| 1 000 Kčs | při výši příjmu nad 11 400 Kčs do 17 400 Kčs ročně, |
| 1 500 Kčs | při výši příjmu nad 17 400 Kčs do 23 400 Kčs ročně, |
| 2 000 Kčs | při výši příjmu nad 23 400 Kčs do 34 400 Kčs ročně, |
| 2 500 Kčs | při výši příjmu nad 34 400 Kčs ročně. |
The State Social Security Office shall determine what is considered to be the income relevant for the classification of an artist in the income stages after consultation with senior ideas organisations. In determining the amount of income, account shall also be taken of the amount of income subject to the tax on literary and artistic activities and, where appropriate, the payroll tax.
(2) In the revenue stages, the artist shall be classified by the authority competent to carry out insurance under this Order after hearing the relevant senior ideological organisation. In the first year of insurance, the artist is classified according to the likely amount of gross income. If the amount of income changes substantially, the artist, including at his own request, shall be added to the corresponding income step from the beginning of the following calendar year.
(3) The compulsorily insured artist shall be included in the income stages referred to in paragraph 1, which he chooses, but not in a higher degree than that of his activity, as expressed by the relevant senior ideological organisation. An artist can change the output of the output step with effect from the beginning of the following calendar year.
Insurance
(1) Artists' insurance shall be made for premiums paid by artists at 10% of the income grade to which they were classified. Insurance is paid a month behind.
(2) Insurance premiums are not payable for calendar months,
(a) where the artist has been granted sickness or monetary assistance in maternity for at least 15 days;
(b) in which the artist has served in the armed forces, except for the professional service, throughout their duration.
(3) If the insurance was not paid within a month of the due date, the artist shall pay a penalty of 0,01% of the amount due for each day of delay. If no premiums due have been paid when entitlement to the pension benefit is established, the premiums due may be paid by deduction of the benefit paid; However, the levy paid must not fall below the statutory minimum amount (Section 19 (2) of the Social Security Act).
Insurance against sickness
Summary of doses
The following benefits shall be granted from sickness insurance under this Order:
(a) spa care;
(b) sick leave,
(c) maternity assistance;
(d) aid for the birth of a child;
(e) funeral expenses.
Spa care
Spa care shall be provided under the conditions and in a manner specified by the Ministry of Health in agreement with the Central Council of Trade Unions and the State Social Security Office.
Sickness
(1) The sickness is for performers and performers who are recognised for the disease or accident as being temporarily unable to carry out their activities if, as a result of incapacity for work, there has been a loss of income from that activity.
(2) Sentinels, composers, artists, architects and scientific researchers who are recognised as being temporarily incapacitated for the performance of their activities may be admitted sick if, as a result of incapacity for work, income from such activities has been lost and the economic status of the artist or his family is thereby significantly impaired.
(3) The sickness allowance is at the reception stage for each calendar day
| 250 Kčs měsíčně | 7 Kčs |
| 500 Kčs měsíčně | 13 Kčs |
| 1 000 Kčs měsíčně | 26 Kčs |
| 1 500 Kčs měsíčně | 40 Kčs |
| 2 000 Kčs měsíčně | 52 Kčs |
| 2 500 Kčs měsíčně | 64 Kčs |
(4) Disability shall not be granted until the 16th day of incapacity for work; However, the period of support (Section 15 (3) of the Staff Insurance Act) is always calculated from the beginning of incapacity for work. For performers and artists whose incapacity to perform their activities has been caused by an accident at work, the sick leave has been due since the first day of incapacity.
(5) Disability to work for active tuberculosis may increase by up to 15%; otherwise the general rules apply. *)
(6) If the sickness benefit under this Order is granted for the same period of time as the sickness provided under other regulations, the sickness benefit under this Order shall be fixed at a maximum amount not exceeding the amount of CZK 90 per day plus the sickness provided under other regulations or, where appropriate, at an increase in the rate of 100 CZK for active tuberculosis.
Money aid in motherhood
Financial assistance in maternity under this Order is granted at the same rate as sickness benefit (§ 7); an artist belonging to a similar sickness insurance benefit (sickness care) carried out for another reason shall also be provided; Paragraph 7 (6) shall apply mutatis mutandis.
Aid for the birth of a child
Funeral
Support for the birth of the child and the death grants under this Order shall not be granted where it belongs to an artist, his family member or his survivors of similar sickness insurance benefits (sickness care) carried out for another reason.
Credit for uninterrupted employment
If an artist has entered into employment after the end of compulsory insurance, the provisions applicable to employees shall apply mutatis mutandis to determining the duration of uninterrupted employment in the same undertaking; * *) the period of compulsory insurance of the artist shall be considered as the period of employment.
Pension insurance
Average annual earnings
For the purposes of calculating the average annual earnings of an artist, the income grade to which the artist was assigned shall be considered to be gross earnings.
Special provisions on the old-age pension and its increase
(1) If the insurance provided for in this Order does not last for at least 5 years immediately prior to the date on which the entitlement to an old-age pension was established, the average annual income earned by the artist's activities shall not be taken into account in the calculation of the average annual income achieved at the time when he was insured on a voluntary basis. If an artist completes the period of five years of continuous insurance under this Order only after the date of the entitlement to an old-age pension, he shall be granted from the date of completion of that period of insurance, if it is more favourable to him, an old-age pension newly calculated on the date of initial entitlement to a pension; in calculating the average annual earnings, account shall be taken of the income achieved by the artist's activities at the time when he was insured on an optional basis.
(2) Artists who, having fulfilled the conditions for entitlement to an old-age pension (insurance, provision), carry on their activities and are optional insured under this decree, the old-age pension is granted and not reduced because of that activity. The entitlement to this pension shall be increased for each year by 1% of the average of the levels of income to which the artist has been classified after the conditions for entitlement to the pension have been met until the age of 65 and, if he is a woman, the age of 60, by 1% of the average of the levels of income to which the artist has been assigned after the conditions for entitlement to an old-age pension have been met. The increase shall take place after the age of 65 and if it is a woman, 60 years of age; However, if the artist has ceased his activity before reaching that age, the pension shall be increased after the end of the activity. This increase does not apply for the period already due under the General Regulations *) 4% of the average annual income from which the pension was paid.
(3) For the purpose of increasing the retirement pension of an artist who is working after the age of 65 and, if she is a woman, the age of 60, the average of the income levels to which the artist was classified after that age is considered to be the average of gross annual earnings.
Increasing the disability pension of working pensioners
Beneficiaries of an invalidity pension from pension insurance (insurance, provision) who are active as an artist following the creation of a right to that pension and are optional insured under this decree shall be entitled to an invalidity pension for each year of activity, but not earlier than 16 years of the total period of activity (employment); the increase is 1% of the average of the income stages in which the artist was classified after the pension entitlement was established and shall be carried out every two years, if the insurance persists, otherwise after the end of the insurance.
Common provisions
Management
(1) Artists' insurance under this decree is carried out by the executive bodies of the national committees responsible for the place of residence of the artist. Social security committees shall decide on the granting of sickness and pension benefits to which there is no legal entitlement. The measures of the Central Council of Trade Unions on the organisation and conduct of staff sickness insurance, published in Decree No. 91 / 1958 Coll., are not applicable here.
(2) The leading artists' organisations cooperate in carrying out the insurance provided for in this decree and in preparing the documents necessary for deciding on benefits, in particular to express which cultural workers can be recognised as artists, determine the beginning and end of the activity of artists for the creation and demise of insurance, give an opinion on the level of income of artists and their economic status at the time of incapacity for work. Insurance applications and write-offs shall be submitted through these organisations. As regards scientific researchers, applications and registrations shall be submitted directly to the competent executive body of the National Committee, which shall also determine the level of income and economic status of scientific researchers at the time of the disease.
Transitional provisions
If an artist who has been compulsorily insured under the regulations in force before the entry into force of this Order and whose insurance ended between 1 January 1957 and the date of entry into employment of the Order, without undue delay, the provisions of Paragraph 10 shall apply mutatis mutandis.
(1) Claims for the pension insurance of artists, which were not decided on before the date of entry into force of this Order, will be decided on in accordance with its provisions; decisions on those claims, which were issued between 1 January 1957 and the date of the entry into force of this Order and are not in conformity with it, shall be replaced by new decisions in accordance with the provisions of this Order at the request of the creditor submitted by the end of 1960.
(2) The period of the pension insurance of artists carried out in accordance with the rules in force prior to the entry into force of this Decree shall be deemed to have been covered under it. where the artist has been active after 31 December 1956 after the age of 65 (a woman of 60) or has been at the same time a member of pension insurance as an employee for another reason or as a member of a production cooperative or as a member of a pension arrangement of members of the armed forces, or has enjoyed at the same time one of the pensions referred to in Article 1 (1) (b), insurance carried out at that time shall be deemed to be optional; the premiums paid for that period are not refunded.
(3) When calculating the average annual earnings, the bases of assessment to which the artist was classified under Decree No 2493 / 1948 Ú. l. I. Artists who were included in those bases in the period after 31 December 1956 may be included as from 1 January 1957 in the higher levels of income provided for by that decree, if they so request until the end of 1960 and pay the difference in premiums; the transfer shall be made after the premium has been paid. Similarly, artists who have not been insured as artists since 1 January 1957 simply because they had a monthly earnings of at least 2000 CZK as employees, or who have been insured as if the income from the work of the artist were complementary to the employee's earnings of 2000 CZK per month, although their actual income was higher.
(4) Where, for the period after 31 December 1956, certain organisations have paid an insurance premium for professional musicians, enterprising artists or artists as employees, even if they were not employed, for pension purposes, the period for which the insurance was paid before the date of entry into force of this decree shall be deemed to be the period of employment in employment; the organisations that have paid the insurance are required to draw up records of the period of employment and the earnings in accordance with the rules on which they are issued. *)
(5) If the beneficiary of an old-age, invalidity or similar pension, granted from a pension scheme (insurance, provision) until 31 December 1956, has been insured after that date under the rules on the pension insurance of artists in force before the entry into force of this decree, he shall not be entitled to an artist's pension, but his current pension shall be increased for each year by 1% of the average of the income degrees (assessment bases) to which he was assigned as an artist.
Final provisions
(1) As from the date of the entry into force of this decree, the provisions of Paragraph 91 (2) of the Social Security Act 2493 / 1948 Ú. l. I, which provides for the purposes of national insurance, may no longer apply to self-employed persons, with the exception of farmers, by fixed amounts.
(2) This Decree shall take effect from 1 May 1960.
The President
State Social Security Office:
Erban v. r.
The President
Central Trade Union Council:
Zupka v. r.
*) The provision of preventive and therapeutic care to artists is regulated by the rules of treatment (Decree No. 164 / 1958 Ú. l.).
* *) People's musicians and members of the ensemble of folk creativity are not considered as enterprising artists.
*) § 23 of Act No. 54 / 1956 Coll. and Decree No. 26 / 1957 Ú. l.
* *) § 18 paragraphs 4 to 6 of Act No. 54 / 1956 Coll. and Articles 14 to 23 of Decree No. 258 / 1956 Ú. l.
*) Vl. nařízení č. 19 / 1959 Coll., on the adjustment of pension rights for the period of employment.
*) SÚSZ guidelines published in No. 123 / 1957 Ú. l.
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Regulation Information
| Citation | Decree of the Central Council of Trade Unions and State Social Security Office No. 50 / 1960 Coll., on sickness insurance and pension insurance for writers, composers, artists, architects, scientific researchers, performers and artists |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.04.1960 |
|---|---|
| Effective from | 01.05.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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