Government Decree No. 56 / 1956 Coll.
Regulation on sickness and pension insurance for members of single agricultural cooperatives and on pension insurance for individual farmers and other self-employed persons
Valid
Effective from 01.01.1957
56.
Government Regulation
of 18 December 1956
on sickness and pension insurance for members of single agricultural cooperatives and on pension insurance for individual farmers and other self-employed persons.
The Government of the Czechoslovak Republic hereby orders pursuant to Article 90 of Act No. 55 / 1956 Coll., on Social Security (hereinafter referred to as "the Act"):
Purpose of the regulation.
The purpose of this Regulation is to safeguard members of single agricultural cooperatives, individually farm farmers and other persons self-employed in the event of old age and invalidity, their family members in the event of loss of the provider and members of single agricultural cooperatives with common management also in the event of illness.
Pension insurance for individual farmers and other self-employed persons, members of single agricultural cooperatives of type I and type II and cooperating family members.
Scope of validity.
(1) Persons self-employed and cooperating members of their families shall be insured for pension benefits under this Regulation, unless they are in permanent employment or benefit from an old-age or invalidity pension (partial invalidity) or similar pension under special rules.
(2) Persons who are self-employed are those who are self-employed and self-employed, in particular individual farmers, traders and private teachers. For the purposes of this Regulation, members of single agricultural cooperatives of type I and type II shall also be regarded as individually managing farmers.
(3) The co-workers of the family are parents, father-in-law, son-in-law, widowed daughter-in-law, spouse, siblings and children from the end of compulsory education, if they live with a self-employed person, participate permanently in his or her gainful activities, replace otherwise necessary foreign labour and are not subject to insurance as workers or self-employed persons.
(4) The spouse of a self-employed or co-operating member of the family is not insured as a self-employed or co-employed member of the family for his or her participation in the gainful activity of the self-employed.
(5) Sections 20 to 31 and 35 on pension insurance for self-employed persons also apply to cooperating members of families, unless otherwise specified therein.
Types of doses.
The pension insurance of self-employed persons shall be provided:
1. pensions:
(a) old-age;
(b) disabled;
(c) widower (widower),
(d) orphans;
2. occupational benefits;
3. education;
4. increase in pension for helplessness;
5. security of pensioners in sickness.
General conditions for entitlement to benefits.
(1) Pension benefits belong to a self-employed person, after his survivors, provided that the conditions for entitlement to the benefit and the premiums payable are met for the entire duration of the insurance; However, premiums due for a maximum period of six months before entitlement to benefit may be paid within three months of entitlement.
(2) In the past period, pension benefits shall be valid for a maximum of two months before the entitlement is claimed.
Old age pension.
(1) An old-age pension belongs to a self-employed person who, when insured for at least 8 years, does not receive an invalidity pension and has left gainful employment with the approval of the Executive Authority of the local national committee; the condition for leaving a gainful activity is not required if the self-employed person has reached the age of 70 and if he is a woman, 65.
(2) The old-age pension belongs to the cooperating member of the family after the age of 65, if he is insured for at least 8 years and does not receive an invalidity pension.
Invalidity pension.
(1) An invalidity pension belongs to a self-employed person who has obtained the necessary period of insurance if, during the period of insurance or up to two years after his death, he has become disabled for the permanent deterioration of the health condition.
(2) The Government shall determine when a self-employed person shall be deemed to be an invalid.
(3) Paragraph 10 applies mutatis mutandis.
The amount of the pension.
The invalidity pension of a self-employed person shall be:
| při průměrném ročním vyměřovacím základu Kčs | do 6 let pojištění Kčs měsíčně | po 6 letech pojištění Kčs měsíčně | po 8 letech pojištění Kčs měsíčně | po 10 letech pojištění Kčs měsíčně |
|---|---|---|---|---|
| do 2.100 | 210 | 230 | 230 | 230 |
| od 2.101 do 3.300 | 225 | 245 | 260 | 270 |
| od 3.301 do 4.500 | 234 | 260 | 276 | 294 |
| od 4.501 do 5.700 | 243 | 269 | 298 | 318 |
| od 5.701 do 7.800 | 252 | 284 | 314 | 340 |
| od 7.801 do 10.200 | 261 | 299 | 336 | 370 |
| nad 10.200 | 270 | 308 | 350 | 390 |
The survivors' pensions.
(1) Widows' (widower's) and orphan's pension are due to the survivors of a self-employed person under the conditions laid down in the social security rules (Sections 20, 21, 23 and 24 of the Act).
(2) The pensions of the survivors of a self-employed person are calculated from an old-age (invalidity) pension, including an increase in pension (§ 26 (2)).
(3) The widow's (widower's) pension is 70% of the pension of the self-employed person (paragraph 2). The orphan's pension on the part of the orphan child shall be a quarter of the pension of a self-employed person, but not less than 120 Kns per month; the orphan's pension for the two-sided orphan child shall be equal to half of the pension of the self-employed person, but not less than 200 Kns per month.
Benefits in work accidents.
(1) Individual farmers, cooperating members of their families and members of their families and members of their families are provided free of charge by health authorities with preventive and therapeutic care in occupational injury (occupational diseases). An accident at work is an accident that occurred during the operation of an agricultural plant.
(2) Individual farmers and working members of families of self-employed persons who have become the result of an accident at work (occupational disease)
(a) disabled persons, the invalidity pension may be increased by 50 CZK per month,
(b) partially disabled persons, a partial disability pension of 60% of the invalidity pension may be granted together with an increase of 30 CZK per month.
(3) If an individual farmer, a cooperating member of his family, or a member of his family, died as a result of an accident at work (occupational disease), a funeral allowance may be granted to persons who have given birth.
(4) The Government determines when an individual farmer and a cooperating member of the family of a person who is self-employed or partially disabled as a result of an accident at work (occupational disease) shall be considered.
(5) The State Social Security Office shall determine the benefits and conditions to be granted to members of the family of peasants and their family members in an accident at work.
Educational.
The pension is payable to any child of an old-age or invalidity pensioner who would be entitled to an orphan's pension on the death of a self-employed person (Section 24 of the Act); otherwise applies to the provision of a provision in force in the pension insurance of cooperatives (Section 13).
Increase for helplessness.
The pensions of self-employed persons may be increased by up to half for the helplessness of a pensioner under the conditions laid down by social security regulations (Section 31 of the Act).
Free preventive and medical care for children of self-employed persons
For children of persons under 15 years of age who are self-employed, the State provides full-time preventive and therapeutic care free of charge in accordance with the rules on uniform preventive and therapeutic care.
Insurance.
(1) The annual assessment basis for the individual farm farmers from which the insurance is calculated shall be determined by the State Social Security Office by means of an official decree, taking into account the size of the land, the production area, the creditworthiness and the culture of the land and the farming method; the annual assessment basis for other persons self-employed shall be determined by fixed amounts, taking into account the salary of a professional staff member in a similar position.
(2) Insurance premiums for self-employed persons and insurance premiums for co-operating family members are 10% of the assessment base; a premium shall be paid for the benefit of preventive and medical care provided to individual farmers, their families and family members in an accident at work (Section 26).
(3) A self-employed person who is self-employed shall pay insurance premiums for himself and a co-operating member of the family.
(4) Paragraph 17 (1) and (4) applies mutatis mutandis.
Implementing regulations.
The State Social Security Office shall, by decree, provide, in an official document, details of the performance of the pension insurance of self-employed persons, in particular when the employment relationship of a person who is also an employee is to be regarded as permanent (§ 19 (1)), who, in dubious cases, considers himself to be self-employed (§ 19 (2)), when the insurance is incurred and when it is terminated and when it guarantees the insurance wife or co-entrepreneur.
Security of pensioners in sickness.
(1) The pensioners to whom a pension has been granted under this Regulation and their family members are entitled to preventive and medical care. They shall also be entitled to benefits similar to benefits in kind provided under the Staff Insurance Regulations; In cash benefits, they receive support for the birth of a child and death grants.
(2) Preventive and medical care is provided free of charge by health authorities. Spa care is provided by health care services for social security purposes. Other benefits in kind and in cash are provided by social security authorities.
(3) The State Social Security Office, in agreement with the Ministry of Health, provides for details in the Official Gazette.
(4) The provisions of the previous paragraphs do not apply
(a) pensioners who, by reason of their work, are insured in the event of sickness and maternity, or members of their families;
(b) persons participating in military sickness care.
Transitional provisions.
Paid benefits.
(1) Benefits which have been entitled until 31 December 1956 under the current rules on pension insurance for members of single agricultural cooperatives, self-employed and cooperating members of families shall be treated as benefits under this Regulation.
(2) The continued duration of pension rights granted under the provisions repealed by this Regulation shall be assessed in accordance with the provisions of this Regulation; However, if the period of insurance required for entitlement to a pension has been obtained under the existing rules, the period of insurance required under this Regulation shall also be deemed to have been obtained for the duration of the pension entitlement.
(3) Accident pensions provided under existing rules may be reduced or withdrawn only if the current rules so permit.
(4) Entitlement to a widow's pension due on 31 December 1956 continues to be payable to the widow after that date, if by 31 December 1956 at the latest she has reached the age of 45.
(5) An education pension belonging to a widow's pension to a unilaterally orphan child shall be deemed to be an orphan's pension under this Regulation; If more than one child is entitled, the amount of their orphan's pensions shall be determined on a pro rata basis from the total of the education.
(6) Benefits paid on 31 December 1956 following the deduction of payroll tax shall be deemed to have been paid after that date at the rate at which they were paid.
(7) The State Social Security Office may provide for details in the official document by decree.
Evaluation of the insurance of self-employed persons, which expired on 30 September 1952.
If a staff member who was insured before 30 September 1952 also as a self-employed person is entitled to pension benefits, the average annual earnings shall also be looked at on the basis of the self-employed activity which takes place before that date, if the insurance premiums due from them are paid at the latest within the period laid down in this Regulation (§ 21 (1)).
Final provisions.
Save as otherwise provided for in this Regulation, the provisions of the law shall apply to pension insurance for cooperatives and self-employed persons:
1. the period of employment,
2. on termination of employment,
3. on accidents at work;
4. the creation and termination of entitlement to benefits;
5. the obligations of the pensioner,
6. the change of dose and its return,
7. limiting the payment of benefits,
8. Payment of benefits to another person,
9. on the coexistence of pension rights,
10. on the method of payment of benefits,
11. on the nullity of certain legal acts,
12. on the limitation of entitlement,
13. exemption,
14th Social Welfare,
15. organisation and management,
16. on the elimination of hardships
and provisions issued for the implementation of those provisions.
(1) Government Regulation No 46 / 1952 Coll., on the National Pension Insurance Scheme for members of single agricultural cooperatives, self-employed and cooperating members of families, is hereby repealed.
(2) Until the provisions laid down in this Regulation are adopted, the existing implementing provisions shall apply, unless they conflict with this Regulation.
Efficiency.
This Regulation shall enter into force on 1 January 1957; they shall be carried out by the President of the State Social Security Office in agreement with the participating members of the Government.
Broad v. r.
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Regulation Information
| Citation | Government Decree No. 56 / 1956 Coll., on sickness and pension insurance of members of single agricultural cooperatives and on pension insurance of individual farmers and other persons self-employed |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.12.1956 |
|---|---|
| Effective from | 01.01.1957 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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