Government Decree No. 60 / 1966 Coll.
Government decree on exceptional pension provision for certain working pensioners
Valid
Effective from 01.08.1966
60
GOVERNMENT DECLARATION
of 20 July 1966
on the exceptional provision of pensions to certain working pensioners
The Government of the Czechoslovak Socialist Republic provides, pursuant to § 58 of Act No. 101 / 1964 Coll., on Social Security, and § 96 of Act No. 103 / 1964 Coll., on Social Security of Cooperative Farmers:
Entitlements on old-age pension at work
(1) A worker who is employed *) after entitlement to an old-age pension from the pension of workers or cooperative peasants or from the pension insurance of self-employed persons is granted an old-age pension
(a) after the age of 65,
(b) after reaching the age of 60, if there is an old-age pension from the first working category or a full old-age pension from a woman's employment or work in a single agricultural cooperative;
old-age pension is granted to workers in all these cases up to the amount
1000 CZK per month, if they are employed in the first working category,
800 CZK per month, if they are employed in the second working category,
600 CZK per month, if they are working in the 3rd category.
(2) Even if the conditions for the provision of an old-age pension referred to in the preceding paragraph are not met, an old-age pension shall be granted if that pension does not exceed 600 CZK per month and the staff member's gross earnings do not exceed 1000 CZK per month.
(1) A worker who is employed after being entitled to an old-age pension from the pension of workers or cooperative peasants or from the pension insurance of self-employed persons shall be entitled to an old-age pension of up to 1000 CZK per month, if employed:
(a) on a national or school farm, in a single agricultural cooperative or in another agricultural production organisation, where it works exclusively in such agricultural production or in a forestry plant;
(b) when carrying out services, including repairs, maintenance and other similar work, aimed at meeting the needs of the population, in the local industry, collection of raw materials, municipal services, in the budget organisations and in the facilities of the national municipal services committees, in small establishments of national committees, in production cooperatives, in the housing economy of national committees and cooperatives and in local construction organisations;
c) in the territory of the capital city of Prague when the home fund, engineering networks, communications and complex construction are restored.
(2) The provisions of paragraph 1 (b) and (c) shall not apply to workers performing administrative work and to workers engaged in business and public catering activities.
(1) A worker who is employed after entitlement to an old-age pension is entitled to an occupational pension shall be entitled to that pension of one half, * *) if there is no more favourable treatment for him in accordance with § 1 or § 2, if his gross earnings have fallen substantially after entitlement to an old-age pension; it is a condition that a substantial decrease in earnings was due to a reduction in the working time or change in employment. However, if the gross earnings do not exceed 400 CZK per month, a full retirement pension is granted.
(2) A substantial decline in the worker's earnings shall be considered if the worker's monthly gross earnings are at least one third lower than the average monthly earnings of which the old-age pension is calculated but unlimited pursuant to § 9 (3) of Act No 101 / 1964 Coll.
(3) Half of the old-age pension is calculated from the old-age pension of the amount at which it would be due on the date on which half of that pension is granted. For a worker whose old-age pension has not yet been assessed, the average monthly earnings shall be determined on the gross earnings earned prior to the year in which he was entitled to the old-age pension or, if more favourable to the worker, before the year in which the earnings fell substantially after the pension entitlement.
Entitlements on old-age pension for work in the single agricultural cooperative
A cooperative who is employed *) in a single agricultural cooperative after entitlement to an old-age pension is granted this pension
(a) up to a maximum of 1000 CZK per month where entitlement to an old-age pension is due to the pension of workers or after 30 June 1964 from the pension of members of single agricultural cooperatives with a higher level of farming;
(b) up to 600 CZK per month where a pension is entitled to an old-age pension from the pension of cooperative peasants designated by the pension band * *) or from the pension insurance of self-employed persons.
Pension entitlements for campaign, seasonal and other short-term work
(1) Old-age, widower's and orphan's pension pension (insurance), which would not have been paid or reduced in the course of employment or work in a single agricultural cooperative, shall be granted an unchanged pension if the pensioner is temporarily employed (temporarily employed in the cooperative) for a period of not more than
(a) for 180 working days, if it is the works or the work of the sugar campaign and the drying of chicory and sugar beet, or the work of the Transport Undertaking of the capital city of Prague, or the heating work carried out in medical, educational and social care establishments;
(b) 120 working days if there is other work;
(c) 60 working days for administrative work held in any organisation;
where the pensioner has not actually worked more than the specified number of working days in the short-term employment (work) so agreed in the calendar year. The number of days worked includes the days for which the pensioners were sick.
The benefits referred to in this paragraph shall not apply if at least 14 days have elapsed between the end of a permanent employment relationship and the date of taking up work in a short-term employment (work) of the same organisation (cooperative).
(2) The pensioners referred to in the preceding paragraph shall also be entitled to an unaltered pension if they are employed (employed) with a working allowance of such an extent that they do not exceed 800 working hours in a calendar year and if they are on administrative leave, 400 working hours.
(3) The total duration of the work referred to in paragraph 1 must not exceed 180 working days in the calendar year; the total duration of the work referred to in points (b) and (c) shall not exceed 120 working days. Where the pensioner has carried out both the work referred to in paragraph 1 and the work referred to in paragraph 2 in the same calendar year, each day in which the work referred to in paragraph 2 was carried out shall be treated as one working day; the total duration of all works in this case may not exceed 180 or 120 working days in the calendar year.
However, administrative work must not cover more than 60 working days.
(4) For the period of employment referred to in the preceding paragraphs, the pensioner shall be paid instead of child allowance.
(1) An organisation (single agricultural cooperative) may accept pensioners only for the purposes of campaign, seasonal or other short-term work which cannot be carried out by workers employed (employed) in the organisation (cooperative) throughout the year.
(2) The organisation (single agricultural cooperative) is required to state in the report of the social security authority the circumstances showing whether the work in which the pensioner is entitled to benefits under the previous provisions of this decree and is liable under the rules in force for damage caused by the wrongful payment of the pension if the pensioner is not entitled to such benefits. *)
Common provisions
(1) For the period of employment (work) during which an old-age pension or part thereof is granted, entitlement to that pension shall not be increased.
(2) The beneficiary may, in the cases referred to in paragraphs 1 to 5, choose the place of payment of the pension to increase the pension entitlement. In the cases referred to in Sections 1 to 4, the option may not be modified before the expiry of three months; in the cases referred to in Section 5, the pensioner may at any time ask to be entitled to an old-age pension instead of a pension. The period of employment (work) shall be assessed to increase pension entitlement in all these cases in accordance with the general rules from the day following the end of the period for which the monthly pension payment has already been made.
For the period for which the old-age pension or part thereof is payable under § 1 to 5 in respect of employment (work), the pension is paid even if the sick pension is at that time.
Final provisions
Where a pensioner operates under a work agreement or employment agreement * *) or provides services or repairs on the basis of a national committee's approval, * * *) his pension shall not be withdrawn or reduced for that reason.
The period of time for which the pensioner took up campaign, seasonal or other short-term work after 31 December 1965, in which the benefits under the existing rules on exceptional pension provision to certain working pensioners have been taken into account in the period of employment (work) referred to in Article 5, taking into account the nature of the work performed.
The provisions of this decree also apply to pension beneficiaries paid by the authorities of the Ministry of National Defence and Interior.
Government Decree No. 28 / 1965 Coll., on the exceptional provision of pensions to certain working pensioners, is hereby repealed.
This Decree shall take effect on 1 August 1966.
Lenárt v. r.
*) worker means worker and member of production cooperative
* *) § 64 paragraph 5 of Act No. 101 / 1964 Coll.
*) cooperative also means a citizen who is permanently working in a cooperative and is not a member of or is not in employment with him (§ 2 of Act No. 103 / 1964 Coll.)
* *) if the recipient of such a pension is working on a cooperative that has not been recognised as a cooperative with a higher level of management, the pension is already due to the amount of up to 600 CZK according to § 49 of Act No. 103 / 1964 Coll.
*) the obligation of the establishments (single agricultural cooperatives) to keep records and report for social security purposes and the obligation to replace the wrongly paid benefits provided for in Sections 89 and 139 of Act No. 101 / 1964 Coll., § 118 of Law No. 103 / 1964 Coll. and § 123 to 132 of Decree No. 102 / 1964 Coll.
Section 232 of the Labour Code
* * *) Principles No. 20 / 1965 Coll.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No. 60 / 1966 Coll., on the exceptional provision of pensions to certain working pensioners |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.07.1966 |
|---|---|
| Effective from | 01.08.1966 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0