Decree No. 501 / 1990 Coll.
Decree of the Federal Ministry of Labour and Social Affairs amending and supplementing Decree No. 149 / 1988 Coll., implementing the Social Security Act and Decree No. 165 / 1979 Coll., on sickness insurance for certain workers and on the provision of sickness insurance benefits to citizens in special cases
Valid
Effective from 15.12.1990
501
DECLARATION
Federal Ministry of Labour and Social Affairs
of 19 November 1990
amending and supplementing Decree No 149 / 1988 Coll., implementing the Social Security Act and Decree No 165 / 1979 Coll., on sickness insurance for certain workers and on the provision of sickness insurance benefits to citizens in specific cases
The Federal Ministry of Labour and Social Affairs provides, pursuant to § 177 (2) (a) and (i) of Act No. 100 / 1988 Coll., on Social Security, as amended by Act No. 110 / 1990 Coll., pursuant to § 2 (3) (b), § 9 and § 51 (2) (b) of Act No. 54 / 1956 Coll., on sickness insurance of employees, as amended by Act No. 180 / 1990 Coll., and under § 36 (2) of Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on allowances for children from sickness insurance, as amended by Act No. 180 / 1990 Coll.:
Decree No. 149 / 1988 Coll., implementing the Social Security Act, as amended by Decree No. 123 / 1990 Coll., Decree No. 260 / 1990 Coll. and Decree No. 313 / 1990 Coll., is amended as follows:
Article 46 (1) reads as follows:
"(1) A member of the legislature shall be regarded as a gross salary and a functional supplement to which entitlement under the relevant regulations has been established, 80), in the amount subject to payroll tax. '
2. Paragraph 47, including the title, reads:
"Members and members of municipal councils and mayors of municipalities
(1) Pension insurance is attended by members of the municipal councils, 81) Members of the municipal councils in82) and mayors of 83) (hereinafter referred to as "members of the municipal councils") who perform the function of long-term vacant members of the municipal councils. 84)
(2) An accident suffered by a member of the municipal council in the performance of the tasks arising from, or directly related to, this function shall be regarded as an accident at work. Paragraph 19 (2) of the Law applies mutatis mutandis. '
3. In Article 48 (1) and (2), the words "Member of the National Committee 'are replaced by the words" member of the municipal council'.
4.
(1) The gross earnings of a member of the municipal council include the remuneration paid for the performance of the duties of a member of the municipal council, including those parts which are exempt from payroll tax.
(2) The gross earnings of a member of the commission who is not a member of the municipal council shall be included in the remuneration paid by the municipality for the performance of the duties of a member of the commission, including those parts which are exempt from payroll tax.
(3) If a member of the municipal council who is not pension-insured under Paragraph 47 (1) is a beneficiary of a partial invalidity pension, the remuneration referred to in paragraph 1 shall not be included in gross earnings for the purposes of assessing the condition of a substantial reduction in earnings.
(4) The competent authority of the municipal council which has provided the remuneration referred to in paragraph 1 or 2 shall, at its request, inform the claimant in writing of their amount. ';
5. In Paragraph 112a (1), the following sentence is added at the end: "This is not the case if it is a civil service replacing a military basic service."
Article 146 (d) reads as follows:
"(d) in the case of members of legislative bodies, the office of the relevant legislature and the members of the municipal council, the authority which procures the personal affairs of the staff of the municipal office or municipality."
7. Article 175 (5) shall be added as follows:
"(5) To the extent and under the conditions laid down in the provisions in force before 24 November 1990, the term of office of Members of the national committees shall be evaluated before that date. ';
The Decree of the Central Council of Trade Unions No 165 / 1979 Coll., on sickness insurance of certain workers and on the provision of sickness insurance benefits to citizens in special cases, as amended by Decree No 155 / 1983 Coll., Decree No 79 / 1984 Coll., Decree No 135 / 1984 Coll., Decree No 59 / 1987 Coll., Decree No 148 / 1988 Coll., Decree No 123 / 1990 Coll. is amended as follows:
1.
"(h) members of municipal councils, members of municipal councils and mayors of municipalities (section nine),"
2. in Article 1, the following point (l) is inserted after point (k):
"(l) Members of the legislature (section fourteenth)."
3. Paragraph 13 (2) is deleted; at the same time, the numbering of paragraphs is deleted.
4. Paragraph 22 repeals paragraph 2; at the same time, the numbering of paragraphs is deleted.
5. Paragraph 64, including the title of Section Nine, reads:
MEMBERS AND MEMBERS OF GENERAL REPRESENTATIVES AND OLD CITIZENS
Insurance heading
Establishment and termination of insurance
(1) The members of the municipal councils are involved in sickness insurance, 34) Members of the municipal councils in 35) and mayors of 36) (hereinafter referred to as "members of the municipal councils") who perform the function of long-term vacant members of the municipal councils. 37)
(2) Participation in sickness insurance referred to in paragraph 1 shall arise on the date of election as a member of the municipal council and shall cease on the expiry of the term of office and, where appropriate, on the date of expiry of the mandate. However, in the case of a member of the municipal council who is a member of the municipal council, the sickness insurance referred to in paragraph 1 shall cease to exist on the date of the election of the new municipal council or, where appropriate, on the date of expiry of the term of office of the mayor. ';
6.
Accruable earnings
The remuneration due for the performance of duties, including those parts which are exempt from payroll tax, shall be deemed to be deductible for a member of the municipal council. '
7. In Paragraph 66 (1), the words "Members of the National Committee 'are replaced by the words" members of the municipal council'.
8. Paragraph 66 shall be added to paragraph 3:
"(3) An accident suffered by a member of the municipal council in the performance of the tasks arising from, or in direct connection with, this function shall be regarded as an accident at work; Paragraph 21 (2) to (5) of Decree No. 143 / 1965 Coll., as amended, shall apply mutatis mutandis."
9. The following Section 66a is inserted after Section 66:
Child allowance
The condition of working time and the period worked for entitlement to child benefits shall be deemed to be fulfilled if the member of the municipal council is insured under this Section. ';
Paragraph 67 reads:
Implementation of sickness insurance
The obligations of the establishment (organisation) resulting from the rules on staff sickness insurance shall be carried out by the competent authority for members of the municipal council, which shall handle the personal affairs of the staff of the municipal office or municipality. ';
11. in Sections 80, 96 (1) and 103 (2), the words "the National Committee" shall be replaced by the words "the competent authority."
12. in Sections 93 and 102, the words "National Committee" shall be replaced by the words "competent authority";
13. The following Section 14 is added after Section 102e:
MEMBERS
(1) The deductible revenue of a legislator is the parliamentary salary paid under the relevant rules. 38)
(2) The accident suffered by a legislature in the performance of the tasks arising from, or directly related to, this function shall be regarded as an accident at work; Paragraph 21 (2) to (5) of Decree No. 143 / 1965 Coll., as amended, shall apply mutatis mutandis.
(3) The condition of working time and the condition of working time for entitlement to child benefits are deemed to be fulfilled.
(4) The obligations of the establishment (organisation) resulting from the provisions on staff sickness insurance are fulfilled by the office of the relevant legislature for Members of the legislature. "
Transitional provision
(1) The members of the Board of the national committees to date shall be elected by the municipal council in accordance with the rules on pension and sickness insurance of members of the national committees in force before the date of application of this decree.
(2) The claims of members of municipal councils, members of municipal councils and mayors of municipalities pursuant to Articles I and II shall be assessed from the date of the elections to councils in municipalities (1) and to the authorities of municipalities (2).
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Miller v. r.
80) Sections 1, 2, 7 and 9 of Act No. 304 / 1990 Coll., on the salary and reimbursement of expenses of Members of the Federal Assembly. § 1, 2, 8 and 10 of the Act of the Czech National Council No. 371 / 1990 Coll., on the salary and reimbursement of expenses of Members of the Czech National Council. § 1, 2, 7 and 9 of the Slovak National Council Act No. 356 / 1990 Coll., on the salary and reimbursement of expenses of members of the Slovak National Council.
81) § 27 of the Act of the Czech National Council No. 367 / 1990 Coll., on municipalities (municipal establishment).
82) § 11 of the Slovak National Council Act No. 369 / 1990 Coll., on municipal establishment.
83) § 13 of the Slovak National Council Act No. 369 / 1990 Coll.
84) § 32 paragraph 1 of the Czech National Council Act No. 367 / 1990 Coll. § 25 paragraph 7 of the Slovak National Council Act No. 369 / 1990 Coll.
34) § 27 of the Czech National Council Act No. 367 / 1990 Coll., on Municipality (municipal establishment).
35) § 11 of the Slovak National Council Act No. 369 / 1990 Coll., on municipal establishment.
36) § 13 of the Slovak National Council Act No. 369 / 1990 Coll.
37) § 32 paragraph 1 of the Czech National Council Act No. 367 / 1990 Coll. § 25 paragraph 7 of the Slovak National Council Act No. 369 / 1990 Coll.
38) Sections 1 and 7 of Act No. 304 / 1990 Coll., on the salary and reimbursement of expenses of Members of the Federal Assembly. § 1 and 8 of the Act of the Czech National Council No. 371 / 1990 Coll., on the salary and reimbursement of expenses of Members of the Czech National Council. § 1 and 7 of the Slovak National Council Act No. 365 / 1990 Coll., on the salary and reimbursement of expenses of members of the Slovak National Council.
1) Act of the Czech National Council No. 368 / 1990 Coll., on elections to councils in municipalities.
2) Act of the Slovak National Council No. 346 / 1990 Coll., on elections to the authorities of municipalities.
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Regulation Information
| Citation | Decree No. 501 / 1990 Coll., amending and supplementing Decree No. 149 / 1988 Coll., implementing the Social Security Act and Decree No. 165 / 1979 Coll., on the sickness insurance of certain workers and on the provision of sickness insurance benefits to citizens in special cases |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.12.1990 |
|---|---|
| Effective from | 15.12.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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