Act No. 63 / 1949 Coll.
Law on the regulation of the legal conditions of certain public servants and recipients of resting (provision) salaries who remained in the period of infreedom in the territory of the Czechoslovak Republic occupied by foreign powers
Valid
Effective from 12.03.1949
63.
Law
of 23 February 1949
on the adjustment of the legal situation of certain public servants and recipients of resting (provision) salaries who remained in a period of infreedom in the territory of the Czechoslovak Republic occupied by foreign powers.
The National Assembly of the Czechoslovak Republic decided on the following Act:
The consequences of staying in the occupied border area.
(1) If persons who were in a service relationship with a Czechoslovak public employer, in the border territory of the Czechoslovak Republic or in the territory of the former Podkarpatské Rusi after the occupation of those territories in 1938 or 1939 remain, their employment relationship shall be deemed to have died on the last day of the month in which the occupation of the territory in question took place.
(2) If the persons to whom the resting (provision) salaries from the funds of a Czechoslovak public employer were due remained in the territory referred to in paragraph 1 after their occupation in 1938 or 1939, their entitlement to such salaries shall be deemed to have expired on the last day of the month in which the occupation of the territory concerned took place.
(3) If persons who have been referred to by the funds of a Czechoslovak public employer have remained in the territory referred to in paragraph 1 of this Article, the right to such pensions or pardons shall be deemed to have expired on the last day of the month in which the occupation of the territory in question took place.
(4) Any doubts as to the month in which the occupation of the territory took place under the provisions of the preceding paragraphs shall be decided by the Ministry of the Interior.
Exceptions legal.
(1) The effects set out in Paragraph 1 (1) do not arise in the case of persons mentioned there if, during the period of infreedom to continue their employment relationship with the public employer, they have not yet been in the vacant territory of the Czechoslovak Republic until either 14 March 1939 or, after that date, on the basis of an invitation. Protectorate or Slovak State, although the nature of the original service or public employer has changed. The duration of any interruption shall be considered as having been spent in the original service (s). However, workers shall not be entitled to additional service income for periods of infreedom from the provisions preceding the sentences.
(2) The effects set out in § 1 (2) and (3) do not arise in respect of persons mentioned there, unless the foreign administration has taken over the payment of their salary, pension and grace gifts, or the allowance authorised under the discretion of the competent authorities.
Exemptions to administrative.
(1) A service relationship which has ceased to exist under the provisions of Paragraph 1 (1) may be renewed in cases of due consideration.
(2) Persons to whom the provisions of Paragraph 1 (2) apply may, in cases of due regard, be re-established as entitled to a retirement allowance.
(3) Residents of persons subject to the provisions of Paragraph 1 (1) or (2) may, in cases of reasonable consideration, be entitled to a salary.
(4) The exemptions provided for in paragraphs 1 and 2 may only be authorised for persons:
(a) which did not lose Czechoslovak citizenship from the date of the entry into force of the Decree of 2 August 1945, No 33 Coll., on the adaptation of Czechoslovak citizenship of persons of German or Hungarian nationality; or
(b) for which the procedure under Decree No. 33 / 1945 Coll., found that they had not ceased to be Czechoslovak citizens (§ 1, § 4 and § § 2 and 5 of Decree No. 33 / 1945 Coll.).
(5) Only persons who are Czechoslovak citizens may be entitled to the allowance provided for in paragraph 3.
Restoration of service.
(1) To restore service within the meaning of Article 3 (1), the person referred to in Article 1 (1) may be so moved as to declare in the decision on such service that the person referred to in Article 1 (1):
(a) calling on the performance of an active service in relation to an initial or other public employer; or
(b) it considers that it has been transferred to permanent retirement, either on the date of the decision to renew service, or, before the decision to renew service, it has completed 60 years of age, with former judges 65 years of age, or as the effective date of the Law of 15 April 1948, No 96 Coll., on the transfer of judges to service by age, 60 years of age, for former university professors 70 years of age, the date of reaching those age limits, or, before reaching the age in question, the date of incapacity, after the date of its finding.
(2) In the case referred to in paragraph 1 (a), staff members may be included in a lower salary scale or determine a lower degree of service (corresponding to their salary) or exclude them for a certain period of time from an increase in service, after conversion of their service to a private (professional) service or a pragmatic (regulated) service to a contractual service. In the cases referred to in paragraph 1 (b), the service may be reduced by up to 25% for a specified period or duration. However, this reduction does not affect the area of derived provision salaries.
Evaluation of previous periods of service renewal.
(1) When the service is renewed, staff members shall be evaluated for the purpose of adjusting the service and salary arrangements and for the purposes of pension arrangements for the entire period of time to be counted on the date of termination of the former service as set out in Paragraph 1, paragraph 1, for the period to be counted on the same date in accordance with the relevant regulations.
(2) At the same time, in cases of due consideration, staff members may be permitted to be evaluated for the purposes of the employment and pay arrangements when they resume their duties:
(a) the duration of the public service actually performed in the territory occupied by a foreign power;
(b) the period from the date of departure (removal) from this service, if it had not occurred before the occupation until the date of termination; and
(c) the period during which, after the occupation was completed, he could not enter active duty without his own fault.
(3) If, on renewal of service, it has been decided that the staff member shall be deemed to have been transferred to permanent retirement under the provisions of Paragraph 4 (1) (b), the evaluation of the periods referred to in paragraph 2 may be authorised up to the date from which he is deemed to have been transferred to retirement.
Retrieval of entitlement to resting (provision) salaries.
In cases where entitlement to a retirement (provision) salary is granted again, it can also be said that the pension is reduced by up to 25% for a certain period or duration. Paragraph 4 (2), last sentence, applies mutatis mutandis.
Admission of entitlement to the provision of salaries.
(1
(a) they would otherwise be entitled to this claim, if it were not for the effects laid down in Paragraph 1, in the event of the death of such persons, and
(b) they may be deemed to have renewed the service of such persons or be re-awarded the right to a retirement allowance provided for in Articles 3, 1 or 2, 4 or 6 if they had not died before the application of this law.
(2) If entitlement to the salary of survivors of the persons referred to in Section 1 (1) is granted, the provisions of Section 5 shall apply mutatis mutandis.
(3) A widow's pension may be reduced by up to 25% for a certain period or duration. Paragraph 4 (2) of the last sentence shall apply mutatis mutandis.
Financial effectiveness of the measure under Section 3.
(1) The financial effectiveness of the measures taken pursuant to the provisions of Paragraph 3 (1) shall take place on the first day of the month following the date on which the active service is restarted; if the staff member enters the active service on the first day of the month, the financial effectiveness of the decision to renew the service shall be that date. The financial effectiveness of the measures taken pursuant to the provisions of Sections 3, 2 and 3 shall take place on the first day of the month following the date of the decision.
(2) If, before the decision to renew the service, a former staff member has already been called upon to carry out an active service or, in the case of the survivors, has been paid an advance payment for the subsistence allowance or an advance allowance for maintenance, his financial effectiveness may be postponed in the measure taken in accordance with Article 3 until the date of the taking up of the service or the date of payment of the first advance. However, in such cases, the amount of additional payments shall be deducted from all the salaries and advances paid to the staff member, after having received the advances from public funds, and the income he has received for the same period of time from his gainful activity.
(3) Persons who receive payment entitlements under the measures provided for in Article 3 cannot, in principle, be granted repayments for periods of infreedom. By way of exception, however, they may be entitled to compensation under the procedure provided for in this Act in accordance with Article 6 of the Decree of 17 August 1945, No 53 Coll., on the atonement of the injustices of Czechoslovak public servants, provided that they have incurred, under the conditions laid down in Sections 1 and 4 of that Decree, the damage referred to in Sections 5 (f) and (g) of the same decree or similar damage. For workers who were in active service on the day on which the damage occurred, the period referred to in Section 5 (2) (b) shall always be evaluated.
Nutrition allowance.
(1) If the measure provided for in Article 3 is not taken, the persons referred to in Article 1 (1) or (2) may be authorised for a certain period or duration of the maintenance allowance provided for in Article 98 of the Law of 25 January 1914, No 15, on the service relationship of civil servants and founders (service pragmatics), in specially justified cases.
(2) Under the conditions laid down in paragraph 1, a nutritional allowance may be granted to members of the family of the persons referred to in § 1, paragraph 1 or 2 (survivors of such persons, after former members of the family), provided that otherwise, in the event of the death of such a person, they are entitled to the allowance or may be entitled to the allowance in accordance with the applicable rules.
(3) The authorisation of the nutritional allowance referred to in paragraph 1 shall be deemed to be a transfer to service with proper rest pay (provision) in respect of social security transfers.
(4) The nutritional allowance referred to in paragraph 1 or 2 may be granted only to persons who are Czechoslovak citizens.
Application.
The decision pursuant to § § 3 and 9 may be taken only on application, which must be filed within three months of the date of publication of this Act. In justified cases, the Central Authority may waive the delay. Applications shall be exempt from stamp duty.
Place of delivery.
(1) The application shall be submitted to the last personal office or to its successor and, failing that, to the competent central office. The last personal office shall be the office of the persons referred to in Section 1, paragraph 1, which was their personal office on the date of termination of their employment relationship, of the persons referred to in Section 1, paragraph 2, of the office which has assessed the resting (provision) salaries for them.
(2) If the Office is not competent in accordance with the preceding paragraph, the application shall be submitted to the Ministry of the Interior, which shall be designated by the Office responsible for discussing it in agreement with the Ministry of Finance.
A crucial place.
(1) Applications are decided by the central competent authority in agreement with the Ministry of the Interior and Finance.
(2) They shall be decided by the Ministry of the Interior on the applications of employees of the former Regional Authority or the survivors.
General provisions.
(1) Public Czechoslovak employers under this law are:
(a) State;
(b) ties of the People's Administration (former Territorial Authority) and other public law corporations and foundations;
(c) the institutes, undertakings, funds and establishments belonging to, or managed by, the bodies referred to in (a) and (b).
(2) This law also applies to persons whose service and pay ratio was adjusted in 1938 under the Law of Education and to the professors of the Diesel Teachers of Theology (§ 211 of the Law of Parent); the spiritual congruent churches shall be subject mutatis mutandis to the fact that, in the place of the effects referred to in § 1, § 1 and § 2, the right to the congru supplement is lost. Paragraph 3 (1) and (2) shall apply mutatis mutandis to the renewal of this entitlement.
(3) The Law of 6 March 1946, No 72 Coll., on the treatment of certain legal conditions of officers and masters of the profession and on the taking up of certain persons into Czechoslovak armed forces, and the provisions of the Law of 19 December 1946, No 255 Coll., on members of the Czechoslovak army abroad and on certain other participants in the national struggle for liberation, remain without prejudice.
(1) The measures and decisions governing the employment and pension (pension) ratios of persons covered by the provisions of Sections 1, 1 to 3, in accordance with the existing provisions in force in Slovakia, shall be deemed to be measures and decisions taken under this Act unless they give rise to a greater degree of rights and entitlements for employees than can be recognised under this Act; overpayments resulting from such measures or decisions as a result of this provision shall not be enforced.
(2) Where a staff member has received a measure or decision referred to in paragraph 1 of a lesser degree of rights and entitlements than may be recognised under this law, he may request a review of such a measure or decision within the time limit laid down in Article 10 in the light of that law.
(3) Where, in the cases referred to in paragraph 1, it is found that the conditions laid down in Article 3 (4) (a) or (b) are not met for the person concerned, the government may withdraw such measures or decisions on the proposal of the central office concerned, following the case of the Ministry of the Interior.
(1) The Government may, by regulation, generally authorise central authorities to renew the right to resting and providing salaries for certain specified characteristics of well-defined groups of former beneficiaries of such salaries.
(2) On the proposal made by the competent central authority in agreement with the ministries of the Interior and Finance, the Government may allow the provision of the provisions of Sections 3 to 9 to be treated mutatis mutandis in cases not covered by the provisions of Section 1 and to provide for such a directive procedure.
This Act shall take effect on the day of its publication; It shall be implemented by the Home and Finance Ministers in agreement with participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Nosek v. r.
Dr Dolansky v. r.
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Regulation Information
| Citation | Act No. 63 / 1949 Coll., on the regulation of the legal ratios of certain public servants and recipients of resting (provision) salaries who remained in the period of infreedom in the territory of the Czechoslovak Republic occupied by foreign power |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.03.1949 |
|---|---|
| Effective from | 12.03.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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