Act No. 63 / 1983 Coll.
Act amending and supplementing Act No. 100 / 1970 Coll., on the Service Ratio of Members of the National Security Corps
Valid
Effective from 01.01.1984
63
THE LAW
of 14 June 1983
amending and supplementing Act No. 100 / 1970 Coll., on the Service Ratio of Members of the National Security Corps
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Act No. 100 / 1970 Coll., on the service relationship of members of the National Security Corps, is amended as follows:
1. In Paragraph 4 (3), the following sentence is added at the end: "If the tenderer cannot start the service because the day of taking up was the day of continuous rest in a week or a holiday, the condition of taking up the service on a given day shall be deemed to have been fulfilled if the tenderer enters the service on the next day of service. '
2. In Paragraph 6 (1), "18 months' is replaced by" 24 months';
3. In Paragraph 7, its present wording becomes paragraph 1 and paragraph 2 is added as follows:
"(2) Under the conditions laid down by the Minister of the Interior of the Czechoslovak Socialist Republic, on festive occasions, service uniforms may be worn with a different designation by those who have been released from the service pursuant to Paragraph 99 or released pursuant to Paragraph 100 (1) (b) or (c) and are beneficiaries of an invalidity or old-age pension from the social security of members. The Ministry of the Interior decides who is entitled to wear a uniform of service with a distinctive designation. Persons authorised to wear a uniform of service with a distinctive mark shall not have the rights or obligations of members. ';
4. In Paragraph 11, its present wording is renumbered paragraph 1; paragraph (b) of this paragraph reads as follows:
"(b) the appointment to the rank of Lieutenant, if, for a specified period, he has successfully performed the function for which he has been appointed as an officer, has achieved complete secondary education and fulfils the qualifications laid down for the rank of Lieutenant,"
paragraph 2 is added as follows:
"(2) The term of successful performance within three years according to the type of service and qualification of the member and the qualification conditions for the rank of Lieutenant [paragraph 1 (b)] shall be determined by the Minister of Interior of the Czechoslovak Socialist Republic."
5. In Article 15 (3), "three years' is replaced by" five years';
6. in Article 26 (1), the following point (d) is inserted after point (c):
"(d) extraordinary appointment to an officer's rank,"
The current provision (d) shall be renumbered (e).
7. In Paragraph 26 (2), the following sentence is added at the end: "The remuneration referred to in paragraph 1 (d) may be granted only to a member of the office for which an officer's title is laid down."
8. Article 61 (1) reads as follows:
"(1) The National Security College may conclude an agreement with a national which the National Security College undertakes to allow a national to acquire or increase his or her qualifications and the member undertakes to remain in service for a certain period of time after graduation or to pay the National Security College the costs of obtaining or increasing his or her qualifications or part of them. The National Security Corps may also agree with the Member that the member shall pay the National Security Corps, as well as the costs incurred until the termination of the service to obtain or increase his or her qualifications, if the member is relieved of his or her service under Paragraph 99 or if his or her service ends in the withdrawal of rank or loss of rank or dismissal under Paragraph 100 (1) (d), (e) or (f) before or before the acquisition of the expected qualification. No reimbursement of the costs of basic preparation for the performance of the service shall be required. ';
9. Paragraph 61 (2) (c) reads as follows:
"(c) the maximum total amount by which the national may be required to pay the costs if he fails to fulfil his obligation;"
10. In Article 61 (5), the following words shall be inserted after the words "require ':" and the duration of the undertaking'.
11.
Preventive rehabilitation
(1) Members may be provided to consolidate their physical fitness, physical and mental health by preventive rehabilitation of 14 calendar days a year.
(2) Members with a weakened state of health may be provided on the basis of medical advice from preventive rehabilitation in the form of spa treatment associated with part of the leave.
(3) The conditions for the provision of preventive rehabilitation and its implementation are laid down by the Minister of the Interior of the Czechoslovak Socialist Republic. "
12. In Article 88, the following shall be inserted after the words "compensation for loss on service income," "possibly on retirement."
13. In Paragraph 89, the following paragraph 3 is inserted after paragraph 2:
"(3) The compensation for the loss of a pension shall be equal to the difference between the amount of the pension to which the injured person was entitled and the amount of the pension to which he would have been entitled if his or her professional income had not been reduced (earnings) as a result of the damage to health caused by the occupational injury or illness. ';
Paragraph 3 shall become paragraph 4.
14. In Paragraph 89, paragraph 4 is renumbered paragraph 5:
"(5) An officer whose capacity to perform the service has been altered or recognised as an invalid as a result of a professional accident caused by a criminal offence, in the course of an operation, in the performance of an air traffic service, in the performance of specific tasks imposed by the service authorities, in the work of explosives, in chemical, radioactive, highly virulent or infectious material or under other similarly dangerous conditions shall be liable for one-off exceptional compensation of at least 10 000 KJs and not more than 45 000 KJs. However, if such an accident has occurred under particularly dangerous conditions, up to 80 000 Kčs shall be granted one-off exceptional compensation. One-off exceptional compensation of at least 10 000 Kčs and not more than 45 000 Kčs shall also belong, under the conditions laid down in the first sentence, to a member whose capacity to perform the service has been altered or who has been recognised as disabled as a result of an occupational disease. ';
15. In Paragraph 90, the "a 'is replaced by a comma before the end of the sentence and the following words are added after the words" one-off compensation for survivors': "and compensation for damages in kind '.
16. the last sentence of Paragraph 91 (2) shall be deleted.
17. Article 91 shall be added to paragraph 4:
"(4) Compensation for damage in kind belongs to the heirs of the member."
18. Paragraph 92 (2) of the sentence in front of the semicolon states: "The Minister of the Interior of the Czechoslovak Socialist Republic sets out which conditions are similarly dangerous and particularly dangerous (Section 89 (5)), regulates the determination of the amount of one-off exceptional compensation and sets out the procedure of the service authorities when dealing with and determining compensation and other details of the provision of compensation in connection with accidents at work and occupational diseases; '
19. In Paragraph 94, its present wording becomes paragraph 1 and paragraph 2 is added as follows:
"(2) The Minister of Interior of the Czechoslovak Socialist Republic may, in view of the changes that have taken place in the development of the level of professional income, adjust, to the extent provided for by the Government of the Czechoslovak Socialist Republic, the conditions, amount and method of compensation for loss of service due to members of the service after the cessation of incapacity for service resulting from an accident or occupational disease."
20. In Paragraph 100 (2), the following sentence is added at the end:
"Where a member is released for the reason referred to in point (d) of the preceding paragraph, the period of two months shall not be counted for which the member is recognised as temporarily incapacitated for sickness or accident. ';
21. in Paragraph 109 (1), the words "no pension 'shall be replaced by the words" no pension' and the words "no 'shall be inserted after the words" or' no ';
22. § 109 is added to paragraph 3:
"(3) The details of the payment arrangement, the method of calculating the amount and the payout will be adjusted by the Minister of the Interior of the Czechoslovak Socialist Republic. The Ministers of the Interior may, in their fields of competence, remove the hardness that would arise in implementing the provisions of paragraphs 1 and 2. ';
23. In Paragraph 113, the following paragraph 1 is inserted before paragraph 1:
"(1) When the entitlement to the allowance is combined with the entitlement to the service allowance under other legislation1), there is a higher contribution. ';
Paragraphs 1 and 2 shall become paragraphs 2 and 3.
24. In Section 113 (3), in the second line, the word "or 'is replaced by a comma and after the word" pension' the following words are inserted: "or to a pension for the service of a flight (partial pension for the service of a flight) '.
25. The following Sections 113a, 113b and 113c are inserted after Section 113:
(1) As long as the beneficiary of the contribution stays abroad on a permanent basis, the allowance does not apply. If the beneficiary of the contribution is temporarily staying abroad, the contribution shall belong to him but shall not be paid abroad.
(2) No contribution shall be paid for as long as the beneficiary is in prison or in custody. The spouse and children authorised shall be paid, upon request, the part of the allowance to be paid to cover his family members' obligations and personal needs. Exceptionally, the payment of part of the contribution to the payment of its obligations may be authorised to a beneficiary who is alone. If the recipient of the allowance has been released from custody without being sentenced, the allowance shall be paid back for the entire duration of the detention.
(1) The organisations are required to report, at the request of the payer of the contribution, for the purposes of reducing the contribution, in particular the amount of the recipient's earnings. The payer shall be entitled to review the accuracy and completeness of the report.
(2) If the organisation is responsible for incorrect reporting or omitting that the contribution has been paid unjustly or at a higher rate than it was incurred, it is obliged to reimburse the payee for the amounts unduly paid.
(3) If the contribution was granted unjustly or at a higher rate than it was due, both the beneficiary and the organisation shall be jointly and severally responsible for the recovery of the amounts unduly paid.
(4) Article 132a of the statute of limitations and limitation periods apply.
(5) The organisation's obligation to replace the amounts of the contribution unduly paid shall be decided by the payer; the provisions governing social security management.2 shall apply mutatis mutandis.)
The beneficiary of a contribution which has been definitively sentenced to an unconditional custodial sentence for an intentional offence or has committed an act for which he would otherwise be deprived of his or her title during the period of service [Paragraph 13 (1) (a)] may be withdrawn. Withdrawal of the contribution shall be decided by the Home Ministers in their fields of competence after prior consultation in a special commission set up under Paragraph 13 (2). '
Article 26 (116) (2) reads as follows:
"(2) The appeal shall not have suspensory effect, except in the case of an appeal against a decision on withdrawal of rank, an assessment by a member of the service, which has been regarded as unsatisfactory and incompetent to perform another, less responsible function [Paragraph 100 (1) (d)], a decision imposing disciplinary or compensation. '.
27. in § 116 (3), part of the sentence before the semicolon reads:
"The service authority which issued the contested decision may grant the appeal itself; ';
28. In Article 118 (4), the following is inserted after the words "Ministers of the Interior": "and the service authorities empowered by them;"
29. the first sentence of Paragraph 129 (1) reads:
"The right of contribution (Sections 110 to 114) shall not be barred; in other cases, the law shall be barred if it has not been applied at the time specified in that law. ';
30. in Paragraph 131, the following paragraph 2 is inserted after paragraph 1:
"(2) The entitlement to a single instalment of the contribution (Sections 110 to 114) shall be limited for one year from its due date; where entitlement to the allowance has been wrongly withheld, the entitlement to individual instalments of the allowance shall be barred for three years. ';
Paragraph 2 shall become paragraph 3.
31. the following Section 132a is inserted after Section 132:
The entitlement to reimbursement of individual instalments of the contribution granted unjustly or incorrectly shall be barred for three years from the date on which the payer found that the contribution had been granted unjustly or incorrectly, not later than 10 years after its payment. The limitation period shall not run if deductions are made from the allowance to cover the amount unduly paid. ';
32. In Article 135 (1), the following is inserted after "Article 108 (4),": "Article 143 (5),"
The provisions of Sections 113, 113a, 113b and 113c shall also apply to a contribution to which a claim has been made before the date of entry into force of this Law; However, the grant may be withdrawn (Paragraph 113c) only for the conduct committed by the recipient of the contribution in the period from the date of entry into force of this Law.
This Act shall take effect on 1 January 1984.
Husák v. r.
Indra v. r.
in z. Rhubarb v. r.
1) Article 33 of Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended (full version No. 122 / 1978 Coll.).
2) § 116 paragraphs 1, 2 and 6 and § 134 paragraphs 1 to 5 of Act No. 121 / 1975 Coll., on Social Security.
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Regulation Information
| Citation | Act No. 63 / 1983 Coll., amending and supplementing Act No. 100 / 1970 Coll., on the Service Ratio of Members of the National Security Corps |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.06.1983 |
|---|---|
| Effective from | 01.01.1984 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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