What is Act No. 55 / 1956 Coll.?

Act No. 55 / 1956 Coll., on Social Security — Social security law.

When it became Act No. 55 / 1956 Coll. effectiveness?

Act No. 55 / 1956 Coll. became effective 01.01.1957.

Is Act No. 55 / 1956 Coll. still valid?

Yes, Act No. 55 / 1956 Coll. is still valid and effective.

Act No. 55 / 1956 Coll. - Social security law

55.

Law

of 30 November 1956

on social security.

The National Assembly of the Czechoslovak Republic decided on the following Act:

ČÁST PRVÁ.

INTRODUCTORY PROVISIONS

§ 1.

The purpose of the law.

On 9 May, the Constitution guarantees all citizens the right to care in their old age, incapacity for work and impossibility of livelihood. This right was guaranteed to citizens by national insurance. It also included pension insurance for employees. The development of our national economy and its achievements make it possible to rebuild the pension insurance of workers and to allocate social welfare to all citizens who need it. The purpose of the social security thus created is to contribute even more, in line with the development of production forces, to the increase of the physical and cultural level of workers and to the construction of socialism in our state. Social security benefits and services are provided by the State. Staff members shall not be paid special allowances.

§ 2.

The material content of social security.

Social security shall include:

1. pension insurance

(a) staff; and

(b) members of the armed forces not participating in pension arrangements under special regulations;

2. insurance of pensioners in sickness;

3rd Social Services.

ČÁST DRUHÁ.

_

Díl I.

Pension security for employees.

Oddíl první.

Basic provisions.

§ 3.

Personal range.

(1) Pension benefits under this Part of the Act are entitled to:

(a) staff;

(b) domestic workers,

(c) pupils of national work reserves;

(d) apprentices;

insurance under the Staff Disability Insurance Regulations (hereinafter referred to as "Staff ') as well as survivors of the staff.

(2) An employee within the meaning of this Act is also active in the socialist sector in a ratio that has employment content but is not so marked or does not have all the necessary requirements for employment; the previous provision does not apply, however, if such a person is already insured under other provisions for benefits similar to pension benefits because of this activity.

(3) As employees, they are entitled to pension benefits with derogations provided for in the implementing rules (Section 32):

(a) university students and scientific aspirants,

(b) writers, music composers, artists, architects, scientific researchers, performers and artists, recognised by the relevant top organisation as regards activities not performed in employment;

(c) other staff covered by the State Social Security Office and the Central Council of Trade Unions by a common decree in an official document.

§ 4.

Contents of employee pension insurance. A list of doses.

(1) Pension insurance is granted to employees of old age and in the event of permanent incapacity for work. survivors of the staff members shall be granted benefits in the event of loss of the provider.

(2) The following benefits shall be granted to employees' pension schemes:

1. pensions:

(a) old-age;

(b) invalidity and partial invalidity,

(c) invalidity and partial invalidity in an accident at work;

(d) widower,

(e) widower,

(f) orphans,

(g) spouses,

(h) in service of years,

(ch) personal,

(i) social;

2. pension education;

3. raising pensions for helplessness.

§ 5.

Working categories.

(1) Employment is to be classified in three working categories for pension purposes:

(a) the first working category includes underground employment in mines and the employment of executive airmen;

(b) the second working category includes employment performed under particularly difficult working conditions;

(c) the third working category includes other employment.

(2) The Government determines which employment is to be classified as Working Category II. The list of employment in the second working category shall be published in an official list by the State Social Security Office.

(3) Employee of the first working category (II) means an employee who has been employed in the first working category (II) for the period necessary for entitlement to a pension (Sections 9 (1) and 9 (13)) or who has been entitled to a pension as a result of an accident at work (Section 16) suffered in the course of that employment if, on the date on which entitlement to a pension was acquired,

(a) such employment has lasted; or

(b) no more than two years have elapsed since the date of exit from such employment; or

(c) no more than five years have elapsed since the date of the change of employment, which took place for health reasons on the recommendation of the Social Security Assessment Board (§ 70) or in the general interest.

(4) Replacement periods (Paragraph 6 (2)) are counted as employment periods in the Working Category I (II), if such employment was interrupted only by them.

§ 6.

Employment period. Replacement times.

(1) Where that law requires a certain period of employment for the creation or amount of benefits, it shall mean:

1. period of employment (§ 3) from 1 January 1957,

2. Before that date:

(a) the period of national (public) occupational pension insurance,

(b) the period of employment during which the staff member was subject to public or similar pension arrangements;

(c) a period of activity equal to the period of pension insurance by specific provisions.

(2) Where the staff member has been employed or insured (paragraph 1) for at least a year, the following alternate periods of time shall be taken into account - unless otherwise provided for by this law or by its provisions - until the period of employment in the 3rd working category:

1. for the period up to 30 September 1948 to the extent specified in paragraph 4:

(a) period of military service;

(b) periods of resistance and imprisonment for political or racial reasons in a period of infreedom;

2. in the period from 1 October 1948:

(a) the period of training for the post-compulsory education profession by studying at selection and university, the period of scientific aspiration, as well as the period of vocational or political training;

(b) period of military service in the Czechoslovak armed forces and in the Allied armies;

(c) the period of training or training for new employment carried out with the consent of the social security authority;

(d) the period during which the staff member was entitled to cash sickness insurance benefits provided instead of wages;

(e) the period during which a woman has taken care of a child (§ 24) under eight years of age or a minor who has needed permanent care for her permanent unfavourable health.

(3) If the period of employment with a replacement period is covered, only one of them shall be counted, namely the one whose credit is more favourable to the staff member; This also applies if the periods of employment or the alternate periods are covered by each other.

(4) The State Social Security Office shall, in agreement with the Ministers of National Defence and Interior and with the Central Council of Trade Unions, establish a decree in an official document setting out the periods referred to in paragraph 2 (1) and to what extent they shall be included in the period of employment; in agreement with the Central Board of Trade Unions, it may also determine which other activities and to what extent are treated as periods of employment (paragraph 1 (2) (c).

§ 7.

Job interruption. Preservation of claims.

(1) If employment has been interrupted for a period not exceeding five years, the period of employment shall be counted before the interruption; However, if the termination of employment lasted for more than five years, the period of employment before the interruption shall be counted if the employment lasted for at least three years.

(2) If employment has been interrupted for the period during which the invalidity pension, partial invalidity pension or for the service of years is granted, pension rights shall be assessed as if the staff member had not withdrawn from employment, but the period of interruption shall not count against the period of employment. This also applies if employment has been interrupted for more than 2 years for other serious reasons. At the request of the staff member, the management authority of the District National Committee shall decide on the interruption of employment for serious reasons. The application shall be lodged no later than two years after the date of removal from employment.

§ 8.

Average annual earnings.

(1) Pensions are measured on average annual earnings.

(2) The average annual earnings shall be calculated on the gross earnings for the last 10 calendar years before the pension entitlement is established, for the last 5 calendar years if this is more favourable for the staff member. The average annual earnings up to the amount of CZK 24.000 are taken as a basis for the measurement of the pension in full, above that amount, but up to a total of CZK 60,000, one third.

(3) The average annual earnings of a staff member over 60 years of age and the average annual earnings of a staff member of the first working category or of a woman who is over 55 years of age shall be calculated for the calendar years before that age, if that average annual earnings are higher than the average annual earnings calculated in accordance with paragraph 2; the old-age, invalidity or partial invalidity pension of a person who has already benefited or enjoyed one of those pensions shall not be calculated from a lower average annual earnings than the average annual earnings from which the pension has already been paid.

(4) The State Social Security Office, in agreement with the Central Council of Trade Unions, sets out the details of the Order in the Official Gazette; In so doing, it may provide that certain periods of time for which the staff member (pensioners) had no earnings are excluded from the period applicable to the calculation of the average annual earnings.

Oddíl druhý.

Doses.

Old age pension.

§ 9.

Conditions of entitlement.

(1) An old-age pension belongs to a staff member who has been employed (Paragraph 6) for at least 20 years if, during the period of employment or not later than two years after leaving, he has reached the age of at least 60 years, an employee of the first working category or a woman of at least 55 years.

(2) Staff members who have been employed (Paragraph 6) for a period of less than 20 years but not less than 5 years shall be entitled to an old-age pension if, during the period of employment or not later than two years after leaving, they have reached the age of at least 65.

§ 10.

Old-age pension.

(1) The basic amount of the old-age pension (Section 9 (1)) of the first working category staff member is 60%, 55% of the second working category staff member and 50% of the average annual earnings.

(2) If an employee of the first or second working category has been employed by the date of entitlement to an old-age pension for more than 20 years and an employee of the third working category for more than 25 years, the basic amount of the pension for each additional year of employment shall be added to the basic amount of the pension for each subsequent year of employment.

in the first working category from the 21st year of employment 2%,

in the second working category from the 21st year of employment, 1,5%; and

in the 3rd working category since 26th year of employment 1%

the average annual earnings; in so doing, the replacement childcare period [Paragraph 6 (2) (e)] shall not be counted against the period of employment applicable to the amount of the pension.

(3) Where a staff member has been employed alternately in different categories of work, the period of employment in the III category of work, then the period of employment in the III category of work and the last period of employment in the III category of work shall be added to the first 20 years for the increase in pension entitlement referred to in paragraph 2.

(4) The old-age pension of a staff member over 65 who has been employed for less than 20 years but at least 5 years (Paragraph 9 (2)) is equal to 50% of the average annual earnings corresponding to the employment period ratio of 20 years.

§ 11.

Entitlements on old-age pension during the period of employment.

Employees who are employed after the conditions for entitlement to an old-age pension are entitled to an old-age pension, or a third of them or any other part thereof, depending on their employment category and age. The detailed arrangements for these entitlements shall be laid down by the Government, which shall also determine how those employees' pension rights shall be increased for each subsequent year of employment.

Invalidity and partial disability pension.

§ 12.

Conditions of entitlement.

(1) An invalidity or partial invalidity pension belongs to a staff member who has been employed for the period necessary for entitlement to a pension (Paragraph 13) if, during the period of employment or two years after leaving, he has become disabled for a permanent deterioration of the health status or in part.

(2) The principles for assessing invalidity and partial invalidity are laid down by the Government; they shall be declared by the State Social Security Office on the official list.

§ 13.

Time of employment required.

(1) The period of employment (§ 6) required for entitlement to an invalidity or partial invalidity pension shall be:

ve věku	nad 20 let do 22 let	1 rok,
	nad 22 let do 24 let	2 roky,
	nad 24 let do 26 let	3 roky,
	nad 26 let do 28 let	4 roky,
	nad 28 let	5 roků.

For staff over 28 years of age, the period of employment required for entitlement shall be determined from the last 10 years counted back from the onset of invalidity (partial invalidity). For a staff member under 20 years of age, a period of employment of less than a year is sufficient.

(2) If the staff member has obtained a period of employment in one of the age zones (paragraph 1) and has been further employed, the period of employment required in the highest age zone shall be deemed to have been obtained.

(3) The period of employment required to qualify for an invalidity pension (partial invalidity pension) is always deemed to have been obtained if it is a widow who was employed at the time of the death of her spouse or entered into employment no later than one year after the loss of entitlement to the widow's pension and continued to work until the date on which she became disabled (partially disabled).

§ 14.

Amount of invalidity and partial invalidity pension.

(1) The basic invalidity pension is 50% of the average annual earnings.

(2) If employment has lasted for more than 15 years until the date of entitlement to the disability pension, the basic rate of the pension for the 16th and every subsequent year of employment shall be added to the basic rate of the pension:

v I. pracovní kategorii	2 %,
v II. pracovní kategorii	1,5 %,
v III. pracovní kategorii	1 %

average annual earnings. Replacement period for childcare [Paragraph 6 (2) (e)] shall not be counted against the period of employment applicable to the amount of the pension.

(3) Where the staff member has been employed alternately in different categories of work, the period of employment in the III category of work, the period of employment in the II category of work and the last period of employment in the I category of work shall be added to the first 15 years of employment in the first 15 years of employment.

(4) The partial disability pension of the first working category employee is 35%, the second working category employee 32% and the third working category employee 30% of the average annual earnings.

§ 15.

Increasing the disability pension of working pensioners.

(1) The working pensioner shall be entitled to an invalidity pension for each year of employment after the date on which the entitlement to that pension arises, but not earlier than the 16th year of the total period of employment; the increase is 2% in the first working category, 1,5% in the second working category and 1% in the third working category on the average of gross annual earnings achieved after the date of the pension entitlement.

(2) The increase in the pension referred to in paragraph 1 shall be effected every two years, if the employment persists, otherwise after the end of the employment.

(3) Replacement periods shall not be counted until the period of employment required to increase the invalidity pension.

§ 16.

Invalidity and partial disability pension for accidents at work.

(1) Invalidity or partial invalidity pension is payable irrespective of the duration of the period of employment, if the staff member has become disabled or partially disabled during the period of employment, or at the latest within two years of leaving it (Paragraph 12 (2)) as a result of an accident at work.

(2) An accident at work is an accident suffered by an employee:

(a) in the course of, or in connection with, the work, including travel to and from work, provided that the staff member has not substantially interrupted it from the cause of non-employment;

(b) in the case of active participation in action against natural disasters and in the elimination of the consequences of natural disasters or in a service activity undertaken without a legal obligation for the benefit of the whole;

(c) in the performance of public office.

(3) Accidents at work shall be assimilated to the occupational diseases listed in the Annex to this Act if they have occurred under the conditions laid down therein. The State Social Security Office may complement and amend the list of occupational diseases in an agreement with the Ministry of Health and the Central Council of Trade Unions; supplements and amendments shall be declared on the official list.

(4) Where an invalidity or partial invalidity pension is referred to in this Act, it shall also mean an invalidity or partial invalidity pension in respect of an accident at work, unless otherwise provided for by law or regulations issued under it.

§ 17.

The amount of invalidity and partial invalidity pension in an accident at work.

(1) The basic invalidity pension in an accident at work is 65% of the average annual earnings. Paragraphs 14 (2) and (3) and 15 are also applicable.

(2) The partial invalidity pension for a category 1 employee shall be 45%, 42% for category 2 staff and 40% for category 3 staff.

Common provisions for old-age and invalidity pensions.

§ 18.

New measurement of old-age and disability pension.

(1) If an old-age pensioner is employed after 65 years of age, and if the pensioner is employed from the first working category or a woman, after 60 years of age, for at least two years, the pension shall be re-assessed (Sections 10 and 11) from the average annual earnings calculated for the calendar years before the entitlement to a new measurement is established, if the new pension is higher than the previous pension increased under Section 11. A new pension assessment shall be carried out every two years, if the employment persists, otherwise after the employment.

(2) The provisions of paragraph 1 shall also apply mutatis mutandis to the beneficiary of an invalidity pension, irrespective of his age, if he is employed after the date on which the invalidity pension is acquired.

§ 19.

The highest and lowest rates of old-age and invalidity pension.

(1) The old-age and invalidity pension of a first-working employee shall not exceed 90%, the old-age and invalidity pension of other employees shall not exceed 85% of the average annual earnings. Old-age and invalidity pensions, together with any pension pension pension (insurance, provision), including pension pension benefits, must not, however, exceed:

for category I staff, an amount of 2200 CZK;

for category II staff, an amount of 1800 CZK; and

for a category III employee, an amount of 1600 CZK

monthly. The government may, by regulation, increase these highest rates of pensions.

(2) The old-age pension provided for in Article 9 (1) and the invalidity pension is at least 400 CZK per month, the old-age pension provided for in Article 9 (2) is at least 300 CZK per month. However, neither the old-age or invalidity pension of a staff member over 20 may exceed 90% of the average annual earnings.

The survivors' pensions.

§ 20.

General conditions.

The pension of widower, widower and orphan belong to:

(a) a staff member who has been employed for the period necessary for entitlement to an invalidity pension, unless more than two years have elapsed from the end of his employment until the date of death, or a staff member who has died from an accident at work;

(b) after the beneficiary of the retirement pension of an old-age, invalidity, partial invalidity and retirement for the service of years.

§ 21.

Widow's pension.

(1) The widow's pension is payable to the widow for one year after the death of the employee (pensioner).

(2) The widow's pension shall continue to be payable to the widow after one year after the death of the employee (pensioner) if:

(a) is an invalid (Section 12 (2)); or

(b) care for at least one child entitled to an orphan's pension (§ 24); or

(c) raise at least 3 children; or

(d) has reached the age of 45 and raised at least two children; or

(e) has reached the age of 50 years; or

(f) her husband died as a result of an accident at work of category I and the widow reached the age of 40 at the date of his death.

(3) Entitlement to a widow's pension shall not cease if any of the conditions referred to in paragraph 2 (a) or (b) are no longer met if the widow has reached the age of 50 or 45 and has raised at least 2 children during the period of entitlement to the pension.

(4) Entitlement to a widow's pension shall be renewed if one of the conditions referred to in paragraph 2 is met within two years of the end of the former entitlement to the widow's pension.

(5) The widow's pension is also payable under the conditions set out in the preceding paragraphs to a woman whose marriage to a pensioner has been divorced (parted) if, at the time of death, she was dependent on the maintenance which she was obliged to provide.

(6) A widow's pension may be granted, if the circumstances are of particular concern, also to a worker who lived with a pensioner until his death in the common household and was dependent on him for maintenance.

(7) Entitlement to the widow's pension shall cease to be payable; However, if one of the conditions referred to in paragraph 2 is met, the original entitlement shall be renewed on rewidowed if, after the last spouse, the claim would not be valid or would fall within a lower area.

§ 22.

The amount of the widow's pension.

(1) The widow's pension is 70%

(a) an old-age, invalidity (partial invalidity) pension or a pension for the service of the years enjoyed by the pensioner at the time of death;

(b) an old-age or invalidity pension to which an employee (working pensioner) would be entitled at the time of death, whichever is higher.

(2) A widow of a partial invalidity pension may be assessed in cases where a widow of an invalidity pension would be considered to qualify for a partial invalidity pension if he were an invalid.

(3) A divorced woman is entitled to a widow's pension only up to the amount of maintenance (Section 21 (5)).

§ 23.

Widower's pension.

Citation	Act No. 55 / 1956 Coll., on Social Security
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	18.12.1956
Effective from	01.01.1957
Effective until	-
Status	Valid

Act No. 55 / 1956 Coll.

Social security law

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