Government Decree No. 622 / 2004 Coll.
Government Regulation on the provision of a supplement to pensions to mitigate certain injustices caused by the Communist regime in the social field
Valid
Effective from 01.01.2005
622
GOVERNMENT REGULATION
of 24 November 2004
on the granting of a supplement to the pension to mitigate certain injustices caused by the Communist regime in the social field
The Government orders pursuant to § 8 of Act No. 198 / 1993 Coll., on the illegality and resistance of the Communist regime:
(1) National citizens of the Czech Republic who:
(a) in the period from 25 February 1948 to 31 December 1989, they were sentenced and executed a custodial sentence, part of it or a bond for a criminal offence for which they had been rehabilitated under Act No. 82 / 1968 Coll., on judicial rehabilitation, as amended by Act No. 58 / 1969 Coll. and Act No. 70 / 1970 Coll., or under Act No. 119 / 1990 Coll., on judicial rehabilitation, as amended by Act No. 47 / 1991 Coll., Act No. 633 / 1992 Coll., and by Act No. 198 / 1993 Coll., or the condemnation of which for a criminal offence under Act No. 119 / 1990 Coll., as amended by Act No. 47 / 1991 Coll., have been illegally deprived of liberty and have been remedied by law No. 47 / 1991 Coll., and have been infringed by means of legal proceedings, or under Section 6 of Law No. 198 / 1993 Coll.
(b) the persons referred to in (a) receive a widow's or widower's pension from the Czech pension insurance scheme (1), or are not paid such a pension only because the other pension paid exceeded the limit of the highest pension total in accordance with the provisions applicable before 1 January 1996; or
(c) persons who, between 25 February 1948 and 31 December 1989, died in an attempt to leave Czechoslovakia with a violent death caused by the State, receive a widow's or widower's pension from Czech pension insurance,
they are entitled to a pension supplement to mitigate certain injustices caused by their Communist social regime (hereinafter referred to as "the supplement ').
(2) Furthermore, the entitlement to the supplement is granted to nationals of the Czech Republic whose parent died at the time of the imprisonment or detention of the offence referred to in paragraph 1 (a) if they did not reach the age of 18 on the date of death and receive a pension from the Czech pension insure1). In addition, civil citizens of the Czech Republic whose parent died from 25 February 1948 until 31 December 1989 in an attempt to leave Czechoslovakia with violent death caused by state power if they did not reach the age of 18 on the date of death and receive a pension from Czech pension insurance. In the event of the death of both parents under the conditions laid down in the first or second sentence, entitlement to the supplement shall be assessed separately from each parent.
(3) Furthermore, the entitlement to the surcharge is granted to nationals of the Czech Republic whose spouse has been subject to the death penalty imposed for the offence referred to in paragraph 1 (a) between 25 February 1948 and 31 December 1989 and receive a pension from the Czech pension insurance. The premium referred to in the first sentence shall not apply where the surcharge referred to in paragraph 1 (b) applies.
(1) The supplement to the old or full invalidity pension is set at CZK 50 for each month of imprisonment, part of or custody.
(2) The supplement to the widow's or widower's pension shall be set at half the amount referred to in paragraph 1. If the widow's or widower's pension is not paid on the grounds referred to in Paragraph 1 (1) (b), the amount of the supplement shall be determined in accordance with the first sentence and the supplement shall be granted for the pension to be paid. The supplement to the widow's or widower's pension shall be increased by CZK 3 000 per month if the spouse of the beneficiary has been subject to the death penalty imposed on him for the offence referred to in § 1 (1) (a), or the spouse of the beneficiary died at the time of the sentence of imprisonment or detention for the offence referred to in § 1 (1) (a).
(3) The supplement to the pension due under the first sentence of Paragraph 1 (2) shall be set at two fifths of the amount referred to in paragraph 1. This surcharge is increased by CZK 2,400 per month.
(4) The supplement to the pension due under § 1 (1) (c) and § 1 (3) shall be set at CZK 3,000 per month. The supplement to the pension due under the second sentence of Paragraph 1 (2) shall be set at CZK 2,400 per month.
(5) The total period of imprisonment and detention is added up; a month means 30 days. For the purposes of this Regulation, a partial modification of the condemning judgment shall be regarded as a prisoner only the difference between the penalties imposed on the basis of the original judgment and those imposed by the appropriate penalties or penalties imposed by the newly imposed.
(6) In the event of a confluence of the entitlements referred to in paragraphs 1 to 4, only a higher premium shall be paid; This also applies in the case of the run-up of two additional claims under the third sentence of Paragraph 1 (2).
(7) The supplement shall be paid monthly together with the pension in the same way and on the same dates as the pension. The supplement is increased at the same time as pensions under the special legislation2).
(1) If a pension is entitled to be paid before the date of entry into force of this Regulation, the premium shall be payable from the payment of the pension due in January 2005. If entitlement to a pension is established after 31 December 2004, the supplement from the date on which the pension was granted shall be the full monthly amount referred to in Article 2 (1), (2) or (3), including the increase referred to in Article 2 (7), which took place until then. It is assumed that the surcharge was granted in 2005.
(2) If the applicant has died for a surcharge before payment of the supplement or the supplement has been granted, the premium for the period from 1 January 2005 to the date of death shall be granted and paid in one single payment to the widow or widower.
(1) The right to payment of the supplement and the amount thereof shall be decided by the social security authority responsible for the payment of the pension, on a written request.
(2) The application documents shall not be required where the conditions for entitlement to the payment of the supplement can be assessed on the basis of the supporting documents contained in the official records of the social security authorities responsible for the payment of the pension.
(3) Compliance with the conditions of citizenship of the Czech Republic shall be assessed on the date of application.
(4) The social security authorities responsible for the payment of the pension provide the persons referred to in Article 1 with the necessary assistance in the exercise of their rights.
(5) Unless otherwise provided for in this Regulation, decisions on the surcharge, the entitlement to and the provision of the individual instalments of the premium shall be subject to the provisions of Sections 86, 89, 90, 108, 111, 112, 116 and 117 of Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended, and Sections 55 and 56 of Act No. 155 / 1995 Coll., on pension insurance, as amended.
(6) The cost of paying the surcharge is borne by the State budget.
The supplement shall be paid together with the pension no later than the monthly monthly payment for July 2005; This is without prejudice to entitlement to the premium from January 2005.
This Regulation shall enter into force on 1 January 2005.
Prime Minister:
JUDr. Gross v. r.
Minister of Interior:
Mgr. Bublan v. r.
1) Act No. 155 / 1995 Coll., on Pension Insurance, as amended.
2) Paragraph 67 of Act No. 155 / 1995 Coll., as amended by Act No. 89 / 1997 Coll., Act No. 188 / 2001 Coll. and Act No. 264 / 2002 Coll.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No. 622 / 2004 Coll., on the provision of a supplement to pensions to alleviate certain injustices caused by the Communist regime in the social field |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.12.2004 |
|---|---|
| Effective from | 01.01.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0