Act No. 62 / 1949 Coll.
Law on minimum public rest pay and amending certain provisions governing pension entitlements and retirement and certain advantages for civil servants
Valid
Effective from 01.10.1948
62.
Law
of 23 February 1949
on minimum public resting (provision) salaries and amending certain provisions governing pension entitlements and retirement, as well as certain advantages for civil servants.
The National Assembly of the Czechoslovak Republic decided on the following Act:
(1) Beneficiaries of regular public resting (provision) salaries (hereinafter referred to as "beneficiaries") for whom they are below their total salary, in respect of:
| a) | o příjemce svobodného, ovdovělého, rozvedeného, rozloučeného ročních | 8.400 Kčs, |
| b) | o příjemce žijícího ve společné domácnosti s manželkou (družkou) ročních | 12.600 Kčs, |
| c) | o sirotka (§ 9, odst. 1 zákona ze dne 17. prosince 1919, č. 2 z r. 1920 Sb., o změně některých ustanovení, upravujících pensijní nároky a vstup do výslužby jakož i o některých výhodách pro státní zaměstnance a obdobné předpisy), jemuž přísluší výchovné, ročních | 6.000 Kčs, |
shall be increased with effect from 1 October 1948 to the amounts indicated above.
(2) Under the conditions laid down for the award of the allowance, the orphan's pension shall be increased to the amount referred to in paragraph 1, point (c) also to the orphans of the national municipal (urban) and district (urban) doctors covered by the Law of 24 June 1926, No 105 Coll., on the pay rates of the national municipal (urban) and district doctors, and the Government Decree of 17 March 1927, No 23 Coll., on the adjustment of the pay rates of the national municipal (urban) and district doctors.
(1) The total rest (provision) salaries referred to in Article 1 are both basic rest (provision) salaries and all accessories excluding:
(a) injury and war allowances;
(b) for the recipients of the salaries referred to in Sections 1 (a) and (b), the educational and special allowances referred to in Section 2 (1) (D) of the Act of 13 December 1945, No 159 Coll., on the special allowance to state and certain other public employees, as well as to the beneficiaries of the state's resting (provision) salaries, as amended by the Act of 2 April 1947, No 69 Coll.
(2) Education allowances are not added to the widower's pension (providing the benefit of the mate).
(1) Beneficiaries of regular public resting (provision) salaries for which the total of such salaries (§ 2) does not exceed the sum of CZK 72.000 per year and who are permanently so helpless that they need treatment and service by another person, may be increased, at their request, with effect from 1 October 1948, by a maximum of CZK 8.400 per year. The orphan's pension can only be increased for helplessness from the seventh year of age.
(2) The request referred to in paragraph 1 shall be decided by the Central Competent Authority in agreement with the Ministry of Finance.
Public resting (provision) salaries pursuant to the provisions of Sections 1 and 3 are those paid by state funds or by state-owned or government-controlled institutions, public authorities, general public hospitals, school municipalities or public bodies.
Paragraph 1 to 3 also applies
(a) for teachers covered by the teaching law;
(b) for professors of theological dioceses (§ 211 of the salary law),
(c) for spiritual congruent churches and religious societies recognised by the State, after the case of the recepted.
Law of 14 May 1896, No 74, on the provision of civil servants of state (teachers of state), then servants, and their widows and orphans, as amended by Article 4 (1) of the Law of 14 May 1896, No 74, on the provision of civil servants of state (teachers of state), and of servants, as well as their widows and orphans, as amended by Article 4 (1) of the Law of 14 May 1896. Even the Act of 17 December 1919, No 2 of 1920 Coll., amending certain provisions governing pension entitlements and retirement and certain advantages for civil servants, shall be amended and amended as follows:
1. Paragraph 5 (2) reads as follows:
"If the widow is not entitled, the benefit of the widow's pension shall be paid to the deprived partner until another provision, if she lived with the household worker continuously for at least five years until his death, for at least two years for his active services, and if she had a child with him during that continuous period. Under the same conditions, provision benefits are also granted to a widow with whom the staff member had only entered into marriage in retirement or in active employment after the 60th year of age, if she was his partner before the marriage and otherwise the conditions for granting the mate's provision benefit would be fulfilled on the day of his death. '
2. Paragraph 8 (2), No 2 reads as follows:
"in the case of children of the illegitimate, that they are and remain deprived and that paternity has been found or recognised out of court."
3. Paragraph 9 (1) reads as follows:
"If the widows entitled to the widower's pension are not entitled, in the case of (§ 8 (3)), they may be allowed under the conditions and for the period in § 8 above, uninsured children completely orphaned, or on their par with an orphan's pension in total of 1 / 2 of the widower's pension. '
4. Paragraph 9 (4) reads as follows:
"If they are entitled to an orphan's pension in addition to the children of the married children of the illegitimate, the orphan's pension shall be divided with all the allowances on them equally by head. In the same way, the special allowance for education (Act of 13 December 1945, No 159 Coll., concerning the special allowance for state and certain other public employees, as well as the beneficiaries of the State's resting (provision) salaries, as amended by the Act of 2 April 1947, No 69 Coll., amending and supplementing the Act of 13 December 1945, No 159 Coll.) for orphans belonging to the orphan's pension. '
5. Paragraph 9 (5) reads as follows:
"If the children in Section 8 (2) are entitled to an education allowance or orphan's pension from a public or other public fund, such benefit shall be credited to the education allowance or orphan's pension which is due to the child under this law. ';
(6) Paragraph 9 (a) shall be deleted;
The Law of 17 February 1922, No. 76 Coll., on military benefits provided for in provision, is amended and amended as follows:
1. Paragraph 36 (3) reads as follows:
"If the widow is not entitled, the benefit of the widow's pension shall be paid to the deprived partner until another provision, if she lived with the household worker continuously for at least five years until his death, for at least two years for his active services, and if she had a child with him during that continuous period. Under the same conditions, provision benefits are also granted to a widow with whom the staff member had only entered into marriage in retirement or in active employment after the 60th year of age, if she was his partner before the marriage and otherwise the conditions for granting the mate's provision benefit would be fulfilled on the day of his death. '
2. The conclusion of Paragraph 41 (b) reads as follows:
"in agreement with the Ministry of Finance, the Ministry of Defence may increase the widow's pension (§ 38 and 40) by up to 50%."
3. Paragraph 50 (2) (b) reads as follows:
"for the children of the illegitimate, that they are and remain deprived and that paternity has been found or recognised out of court."
4. Paragraph 52 (1) reads as follows:
"If the widows entitled to the widower's pension are not entitled, after the case (Paragraph 61), they may be authorised under the conditions and for the period referred to in Paragraph 59 above, uninsured children who are wholly orphaned or have an equivalent orphan's pension of a total of 1 / 2 of the widower's pension. Children who are illegitimate, adopted and sheltered shall be entitled to an orphan's pension if the conditions laid down in Paragraph 50 (2) are fulfilled. '
5. Paragraph 53 (1) reads as follows:
"If they are entitled to an orphan's pension in addition to the children of the married children of the illegitimate, the orphan's pension shall be divided with all the allowances on them equally by title. In the same way, the special allowance for education (Act of 13 December 1945, No 159 Coll., concerning the special allowance for state and certain other public employees, as well as the beneficiaries of the State's resting (provision) salaries, as amended by the Act of 2 April 1947, No 69 Coll., amending and supplementing the Act of 13 December 1945, No 159 Coll.) for orphans belonging to the orphan's education pension. '
6. Paragraph 53 (2) reads as follows:
"In the cases referred to in Paragraph 49 (2), the allowance may be granted for the education and pension of orphans and children. '
7. Paragraph 53 (3) reads as follows:
"If, or if, children are entitled to an education allowance or an orphan's pension from a public or other public fund in § 50 (2) (a) and (b), they are entitled to another right to an education allowance or an orphan's pension from a public or other public fund, this benefit shall be credited to the upbringing allowance or orphan's pension payable to a child under this law. ';
The Act of 4 July 1923, No. 153 Coll., adjusting certain service conditions of the gendarmerie and certain gendarmerie benefits, in particular rest and provision, shall be amended and amended as follows:
1. Paragraph 44 (3) reads as follows:
"If the widow is not entitled, the benefit of the widow's pension is for a poor mate until another provision, if she has lived with the gayist in the common household continuously for at least 5 years, of which at least 2 years for his active services, and had a child with him during this continuous coexistence. Under the same conditions, provision benefits are also granted to a widow with whom the gayist had only entered into marriage in retirement or in active employment after the 60th year of age, if she had been his partner before the marriage and for whom otherwise the conditions would have been met on the day of his death for the mate's provision. '
2. in Paragraph 48 (1), the provisions of the last sentence shall be deleted;
3. Paragraph 55 (2) (b) reads as follows:
"for children of the illegitimate, that they are and remain deprived and that paternity has been found or recognised out of court."
4. Paragraph 57 (1) reads as follows:
"If the widows entitled to the widower's pension are not entitled, after the case (Paragraph 64), they may be authorised under the conditions and for the period in Paragraph 62 above, to an uninsured child who is completely orphan, or to an equivalent orphan's pension of a total of 1 / 2 of the widower's pension. Children who are illegitimate, adopted and sheltered shall be entitled to an orphan's pension if the conditions laid down in Paragraph 55 (2) are fulfilled. '
5. Paragraph 58 (1) reads as follows:
"If they are entitled to an orphan's pension in addition to the children of the married children of the illegitimate, the orphan's pension shall be divided with all the allowances on them equally by title. In the same way, the special allowance for education (Act of 13 December 1945, No 159 Coll., concerning the special allowance for state and certain other public employees, as well as the beneficiaries of the State's resting (provision) salaries, as amended by the Act of 2 April 1947, No 69 Coll., amending and supplementing the Act of 13 December 1945, No 159 Coll.) for orphans belonging to the orphan's education pension. '
6. Paragraph 58 (2) reads as follows:
"In the cases referred to in Paragraph 54 (2), allowance may be granted for the education and pension of orphans and children. '
7. Paragraph 58 (3) reads as follows:
"If they have, or receive, children in § 55 (2) (a) and (b) who are appointed another right to an education allowance, or an orphan's pension from a public or other public fund, this benefit shall be included in the education allowance or orphan's pension which is due to the child under this law. '
This Act shall take effect on 1 October 1948; it shall be carried out by all members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Broad v. r.
Fierlinger v. r.
Dr. Ševčík v. r.
Dr Clementis v. r.
Maj-Gen Svoboda v. r.
Dr Gregor v. r.
Nosek v. r.
Dr Dolansky v. r.
Dr. Unedible v. r.
Dr Cap v. r.
Kopecký v. r.
Kliment v. r.
Děuriš v. r.
Krajčir v. r.
Petr v. r.
Dr. Ing.
Dr Neuman v. r.
Erban v. r.
Plojhar v. r.
Ing. Jankovcová v. r.
Dr. Šrobár v. r.
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Regulation Information
| Citation | Act No. 62 / 1949 Coll., on minimum public rest pay and amending certain provisions governing pension entitlements and retirement and certain advantages for civil servants |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.03.1949 |
|---|---|
| Effective from | 01.10.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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