Government Decree No. 51 / 1994 Coll.
Government Regulation on the rights of persons who have been withdrawn or reduced in accordance with previous regulations and certain persons involved in judicial rehabilitation
Valid
Effective from 21.03.1994
51
GOVERNMENT REGULATION
of 9 February 1994
on the claims of persons who have been deprived or reduced of their pension under previous rules and of certain persons involved in judicial rehabilitation
The Government orders pursuant to § 8 of Act No. 198 / 1993 Coll., on the illegality and resistance of the Communist regime:
(1) The pensions of persons to whom a pension has been withdrawn or reduced pursuant to Act No. 40 / 1958 Coll., on the pension arrangements of certain sentenced persons, pursuant to Article III and IV of Act No. 41 / 1958 Coll., on certain social security changes, or under Government Decree No. 120 / 1964 Coll., on the pension arrangements of certain persons, and the pensions of those persons, calculated from these retirement or reduced pensions, shall be adjusted to the amount which would have been due if pensions had not been withdrawn or reduced under these Regulations, from the date of application of this Regulation.
(2) Amounts of pensions which have not been paid before the date of application of this Regulation as a result of withdrawal or reduction in accordance with the rules referred to in paragraph 1 shall be paid in one lump sum to persons who have been withdrawn or reduced; the amounts not paid before 1971 shall be increased by 300% and the amounts not paid after 1970 shall be increased by 100%.
(1) Persons who, between 25 February 1948 and 17 November 1989, have been legally convicted or in custody and are therefore involved in judicial rehabilitation and who are not, under the Law on Judicial Rehabilitation (1), paid a pension supplement or are paid at a reduced rate only because, on the date of their return, they have exceeded the highest rate of old-age pension laid down in the special regulation, (2) a one-off pension allowance belongs.
(2) The amount of the one-off pension allowance shall be fixed as a multiple of the monthly amount of the supplement to the pension not paid for the reason referred to in paragraph 1 and of the coefficient 156.
(3) One-off pension allowance is granted only once. The pension supplement (paragraph 1), which was the basis for determining the amount of the one-off pension allowance, shall cease to be eligible.
(4) The provisions of paragraphs 1 to 3 shall apply mutatis mutandis to the entitlement to a one-off pension allowance for a widow or orphan who belongs to the survivors of persons who were definitively convicted or in custody between 25 February 1948 and 17 November 1989 and are therefore involved in judicial rehabilitation.
(1) The amounts of the pension provided for in Article 1 and the one-off pension allowance provided for in Article 2 are granted at the request of the beneficiary.
(2) Unless otherwise provided for in this Regulation, decisions on the amounts of the pension referred to in Paragraph 1 and the one-off pension allowance referred to in paragraph 2 and on their provision shall be taken on social security provisions.
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Doc. Ing. Klaus CSc. v. r.
Minister for Labour and Social Affairs:
Ing. Vodice v. r.
1) Article 25 of Act No. 119 / 1990 Coll., on Judicial Rehabilitation, as amended by Act No. 47 / 1991 Coll.
2) Paragraph 24 (4) of Act No. 100 / 1988 Coll., on Social Security.
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Regulation Information
| Citation | Decree of the Government No. 51 / 1994 Coll., on the rights of persons who have been withdrawn or reduced in accordance with previous regulations and certain persons involved in judicial rehabilitation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.03.1994 |
|---|---|
| Effective from | 21.03.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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