Act No. 59 / 1969 Coll.
Law on certain changes in the employment conditions of professional soldiers
Valid
Effective from 01.07.1969
59
THE LAW
of 5 June 1969
on certain changes in the employment situation of professional soldiers
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Act No. 76 / 1959 Coll., on certain service ratios of soldiers, as amended by the legal measure of the Bureau of the National Assembly No. 165 / 1964 Coll., is amended as follows:
1. Article 5 (3) reads as follows:
"(3) In the ranks of the generals he appoints and elevates the President of the Republic of Czechoslovakia on a proposal from the Government of the Czechoslovak Socialist Republic. The Minister of National Defence and the Minister of the Interior of the Czechoslovak Socialist Republic, or the authorities empowered by them, shall appoint and promote officers, enlisted officers and sub-officers."
2. § 26 reads:
(1) An occupational soldier shall be discharged at his own request within the required time limit, unless the provisions of Paragraph 25 (2) of the Defence Act prevent this and the period of release is in accordance with the needs of the armed forces; If they do not comply with these requirements and if the application has been submitted by 30 April of the calendar year, where the applicable service provision does not allow the submission of an application after that date, they shall be released at the latest by the end of that year.
(2) A soldier's professional service will release the soldiers,
(a) who have been recognised by a military medical commission which is incapable of operating for medical reasons;
(b) for which there is no other classification in the main organisational changes approved by the Defence Council of the State in the armed forces;
(c) who have overall been considered as inadequate in the proper assessment.
(3) The service of a professional soldier can release soldiers,
(a) who fulfil the conditions of entitlement to an old-age pension;
(b) for which the Military Medical Commission has established a reduced capacity for military active duty for health reasons and for which there is no other appropriate classification in the armed forces;
(c) who have been re-assessed in the following regular assessment at a lower degree than good and have not yet reached the age of 40;
(d) who have been lawfully sentenced to an unconditional prison sentence.
(4) An occupational soldier who is to be discharged from the service referred to in paragraph 2 or 3 must be informed of his release at least 3 months in advance, unless otherwise provided for in a bilateral agreement.
(5) Proposals for the release of professional soldiers pursuant to paragraph 3 (b) of this Article. (c) or (d) the commissions set up by the Minister of National Defence and the Minister of Interior of the Czechoslovak Socialist Republic shall be examined. ';
3.
(1) The Government of the Czechoslovak Socialist Republic, if they so request, is obliged to ensure, through military administration and in cooperation with the public authorities involved, a placement in a civil profession appropriate to their education, practical experience and competence and to allow preparation for the chosen civil profession by the State.
(2) The governments of the Czech Socialist Republic and the Slovak Socialist Republic are hereby authorised to issue more detailed regulations on the tasks of the authorities of the Republics in the placement of professional soldiers under paragraph 1.
(3) The professional soldiers made redundant under Article 26 (2) or (3) (b) to (d), except in cases of intentional crime, shall be provided by the military administration from the time of taking up the civil profession or, where appropriate, from the start of their preparation for that profession, for a period of two years by pay if their employment has lasted for at least 10 years and if they do not receive a social security pension or a service allowance.
(4) Vocational leave shall be granted severance according to the length of service in the armed forces up to six times the monthly gross service income according to the principles laid down by the Minister of National Defence and the Minister of Interior of the Czechoslovak Socialist Republic.
(5) There is no entitlement to placement, to organised training for the chosen civil profession, to salary compensation and to severance grants for professional soldiers whose service has ceased to exist by withdrawal or loss of military rank. '
4. Episode VIII reads:
Service allowance
(1) The service allowance (hereinafter referred to as "the allowance") belongs to professional soldiers who have been discharged from service pursuant to § 26 (2) or (3),
(a) 20% of the professional income if they have served in the armed forces for at least 15 years and have reached the age of at least 40 at that time; the age limit shall not be fixed for executive and paratroopers;
(b) 30% of the professional income if they have served in the armed forces for at least 20 years.
(2) The allowance referred to in paragraph 1 (b) shall also be granted to professional soldiers discharged from the service who have participated in the intensive construction of the armed forces, even if they do not fulfil the condition of 20 years of service if they have reached the age of at least 45.
(3) Vocational leave under Paragraph 26 (1) shall be granted from 15% to 30% of the professional income if they have served for at least 20 years and have reached the age of at least 45; for performers and paratroopers, this age limit shall be reduced to 40 years.
(4) The service of an executive flyer and a paratrooper and the performance of functions of a specific nature and degree of hazard shall be counted in the increased scope laid down in the Staff Regulations; the duration of participation in the national exemption fight shall be counted to the extent provided for in the Social Security Act.
(5) The allowance shall not apply to professional soldiers who have been declared a loss of military rank or whose military rank has been withdrawn or who have been discharged from service under Paragraph 26 (3) (d); the allowance may also be granted in such cases if there are grounds for special consideration.
(6) The allowance shall be calculated on the basis of the last gross monthly or average gross monthly income for the last 5 calendar years preceding the date of release (for active air or paratrooper), whichever is more favourable for the beneficiary, and shall not exceed the maximum amount of the partial invalidity pension of the resistance participants.
(7) Resistance participants shall be credited to the contribution according to the groups provided for by Act No. 161 / 1968 Coll., on the special allowance for benefits, on the changes in pension insurance of resistance participants and on certain changes in social security, for each starting year of resistance activity, the following amounts:
| skupina | měsíčně Kčs |
|---|---|
| I. | 60 |
| II. a III. | 50 |
| IV. | 40 |
(8) When the allowance is combined with the earnings, the allowance shall be reduced by the amount by which the sum of the allowance and gross earnings exceeds the amount of the income from which the allowance was calculated.
(9) If the entitlement to the allowance and the old-age or disabled (partial invalidity) pension is combined in accordance with the social security rules, the entitled person shall be entitled to either a pension or a contribution as his choice; entitlement to the allowance shall continue until the age of 60.
(10) The Minister of National Defence and the Minister of Interior of the Czechoslovak Socialist Republic provide details.
(11) The Minister of National Defence and the Minister of Interior of the Czechoslovak Socialist Republic can remove the hardness that would arise in implementing the provisions of this Act.
(12) The Government of the Czechoslovak Socialist Republic may, in view of the development of the cost of living, provide for a special allowance for the contribution, or adjust the method of reducing the contribution more favourably. "
5. Episode IX:
Members of the Armed Security Corps
(1) The provisions of this Act shall apply mutatis mutandis to members of the armed security corps, but with the following derogations:
(a) they are not subject to the provisions of Sections 2, 24 (2), 26 (1), 36 and 37;
(b) The rank of Ensign shall be as follows: Staff Sergeant, Chief Constable, Ensign, Ensign, Ensign;
(c) a more detailed regulation of disciplinary law is laid down in the disciplinary order issued by the Minister of Interior of the Czechoslovak Socialist Republic;
(d) members of the armed security forces may be dismissed from service on request, for serious reasons; the contribution referred to in Article 33 (3) shall also belong to members of the armed security corps in such cases;
(e) members of the armed security corps may be dismissed from the service if they have, in a particularly gross manner, infringed the duty or authority of a public official and whose further retention in service would be detrimental to important professional interests;
(f) the grounds set out in Article 26 (2) (b) and (c) are the grounds from which members of the armed security forces may be dismissed from service;
(g) the scope laid down in Articles 5 (3), 6 (3) and (4), 10 (2), 26 (5), 27 and 33 (11) shall apply to those ministers as regards members of the armed security forces in the fields of competence of the Ministers of the Interior of the Czech Socialist Republic and the Slovak Socialist Republic;
(h) Proposals for appointment and promotion to the rank of generals and for withdrawal of rank of generals shall be submitted to the President of the Republic as regards members of the armed security forces in the fields of competence of the Ministers of the Interior of the Czech Socialist Republic and the Slovak Socialist Republic, the Government of these Republics.
(2) Paragraph 6 (1) also provides that members of the armed security corps made redundant from those corps may be withdrawn. '
6. Where the other provisions of the Act refer to the Government and the Minister of the Interior, this means the Government of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic; where members of State Security and Public Security are referred to, members of the Armed Security Corps.
7. The provisions of the law, insofar as they apply to members of the Armed Security Corps, shall apply mutatis mutandis to members of the Corps of Correctional Education. The scope, according to the law, of the Minister of the Interior of the Czechoslovak Socialist Republic or of the Home Ministers of the Czech Socialist Republic and of the Slovak Socialist Republic, falls as regards members of the Correctional Education Corps, Ministers of Justice of the Czech Socialist Republic and Slovak Socialist Republic.
The service allowance granted under the current rules shall remain unaffected where this is more favourable to the beneficiary.
This Act shall take effect on 1 July 1969.
Freedom v. r.
Dr Dubček v. r.
Ing. Cernik v. r.
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Regulation Information
| Citation | Act No. 59 / 1969 Coll., on certain changes in the employment conditions of professional soldiers |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.06.1969 |
|---|---|
| Effective from | 01.07.1969 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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