Act No. 64 / 1950 Coll.
Law on social security for persons called upon to serve in the armed forces and their family members
Valid
Effective from 01.07.1950
64.
Law
of 18 May 1950
on the social security of persons called upon to serve in the armed forces and their family members.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Scope of validity.
This law regulates social security
1. employees called upon to serve in the armed forces by:
(a) limit the balance-sheet nature of their employment with the employer's parties;
(b) give them entitlement to leave of absence before entering the service in the armed forces; and
(c) regulates their claims for wages or salaries (hereinafter referred to as "wages") during the period of service;
3. persons called upon and their family members by regulating their national insurance, and
(1) The provisions of this Staff Act apply mutatis mutandis to apprentices and domestic workers.
(2) Under this law, military service is understood to mean any service under a military law, excluding the service of professional military persons and the service of members of the National Security Corps in the military.
(3) The Government shall provide for a regulation:
(a) which persons, other than parts thereof, are considered as family members under this Act; and
(b) to which other services to defend the State and to what extent the provisions of this law apply mutatis mutandis; it may also provide for the necessary derogations from its provisions.
National insurance.
Entitlements of persons summoned.
(1) The general provisions on military sickness care apply to the security of persons called for in the event of sickness and maternity, unless otherwise specified.
(2) Persons who have been compulsorily insured in the case of sickness and maternity under the National Insurance Act on the day before the entry into service (Section 2 (2)) shall not be entitled to sickness benefits under that Act during the period of the service.
(3) At the end of the labour force service, the persons referred to in paragraph 2 shall be entitled to sickness benefits only under the National Insurance Act, even if the fact establishing that entitlement arises during that service.
(4) The entitlement to sickness benefits only under the National Insurance Act is also granted to persons who have ceased to qualify for compulsory sickness insurance from the beginning of the period of protection (Paragraph 4 (1)) until 6 weeks after the end of the service in a professional capacity, if the fact establishing that entitlement during that service or within 6 weeks after the end of that period arises.
(5) Without prejudice to the rights to benefits which, under Section 5 (2) of the Law on Military Disability Care after the end of the service, are held by persons who were not subject to compulsory sickness and maternity insurance under the Law on National Insurance and who are not entitled to provision under the provisions on the care of military and war damages and victims of war and fascist persecution before entering the service.
(1) If the persons referred to in § 12 (3) and (4) cannot be established on the basis of a basis of assessment for sickness insurance benefits under the more favourable general provisions of the National Insurance Act, the income of the same old employee shall be determined on the basis of approximately the same type of employment and the same basic salary.
(2) For national pension insurance, the period of professional service is always considered as a replacement period under the National Insurance Act (§ 61 (2) (b) and § 71 (3) and (5) of the same law).
(1) The Government shall lay down by regulation which persons engaged in military services or other services for the defence of the State and who are not involved in military sickness care under the current rules, become members of it and how their national insurance is adjusted.
Entitlements of family members.
(1) The members of the family of persons subject to the provisions of Section 12 who are not entitled to benefits from their insurance in the event of sickness and maternity, the Central National Insurance Agency provides sickness insurance benefits in accordance with the provisions of the National Insurance Act on benefits to family members.
(2) If a member of the family of one of the persons referred to in Section 12 dies, the Central National Insurance Corporation shall provide funeral benefits under Section 49 of the National Insurance Act.
(3) The benefits referred to in paragraphs 1 and 2 are granted for the period during which the persons referred to in Article 12 are entitled to sickness benefits under the Law on Military Disability Care or under the Law on National Insurance.
(4) The Government provides for a regulation whereby the provisions of this paragraph also apply to members of the family of persons referred to in Paragraph 14 (1).
(5) Family members under the fourth part of this Act are those who are considered to be family members under the National Insurance Act.
Insurance.
(1) For the persons referred to in Section 12 (2) and for persons who, on the day before the entry into force of the service in the armed forces, were only compulsorily insured in pension insurance under the National Insurance Act, no insurance under that Act shall be paid for the duration of the service. The premium payer is obliged to report to the competent district national insurance company the entry and termination of the insurance company's professional service.
(2) The Government shall determine by regulation whether, to what extent the provisions of paragraph 1 apply mutatis mutandis to an adjustment made pursuant to Article 14 (1) and Article 15 (4).
Wage entitlements of certain employees for the period 1 January to 23 September 1949.
(1) Decree No 964 / 1949 of the Ministry of Labour and Social Welfare, No 964 / 1949 of the Ú. l. I, which regulates the wage entitlements of military staff, as amended by Decree No 991 / 1949 of the Ú. l. I, applies also to the staff (apprentices) mentioned there and, mutatis mutandis, to domestic workers who entered military active duty between 1 January and 23 September 1949.
(2) Where a person covered by paragraph 1 has been paid in respect of the period 1 January to 23 September 1949 in accordance with the rules in force at that period of pay more than the amount due under the rules referred to in paragraph 1, he shall not be obliged to repay the excess.
(3) A person subject to the provisions of paragraph 1 whose family members have received a national maintenance allowance during the period 1 January to 23 September 1949 shall be entitled to the employer only to the difference between the wage (reduced salary) and the national maintenance allowance paid.
(4) Employers who are private entrepreneurs are obliged to pay to the office or body which has paid the maintenance allowance the amounts by which, pursuant to paragraph 3, the entitlement of those persons to wages (reduced wages) has been reduced.
Relative to existing regulations.
(1) Except for the provisions referred to in Paragraph 26 (1), where applicable, all the provisions shall cease to apply, in so far as they govern the matters covered by the second and fourth parts of the Act. In particular, they shall cease to apply after application:
1. Paragraph 11 of Law No 9 / 1914 on farm officials,
2. Paragraph 30 (1) to (4) of Law No 15 / 1914 (service pragmatics),
3. Paragraph 34 (1) to (4) of Law No 319 / 1917 (Staff pragmatics of Teachers),
4. Act No. 61 / 1925 Coll., on the maintenance of employment (service) conditions for the period of training in arms (service),
5. Paragraph 38 of Decree No. 113 / 1926 Coll., on the treatment of the service and pay ratios of civil servants in the auxiliary office service,
6. provision of § 22 of Decree-Law No 114 / 1926 Coll., on the treatment of the service and pay ratios of auxiliary contractors,
7. provision § 113 (3) of Decree-Law No 15 / 1927 Coll., on the regulation of the pay and service conditions of Czechoslovak public rail employees as amended by Decree-Law No 146 / 1946 Coll.,
8. provision of § 23 of Decree No. 21 / 1927 Coll., on the treatment of the service and pay ratios of secondary doctors in civil state medical and humanitarian institutions in a general hospital in Prague and assistants in state institutions for the education and training of midwives (grandmother's schools) and in the State Institute for Dental Medicine,
9. Clause 31 of the Government Decree No. 22 / 1927 Coll., on the treatment of the service and pay ratios of world caregivers in civil state hospitals and humanities and in a general hospital in Prague,
10. provision of § 16 of Decree No. 23 / 1927 Coll., on the adjustment of the pay ratios of state municipal (municipal) and district doctors,
11. Paragraph 31 (1) to (4) of Decree-Law No 162 / 1928 Coll., on the service ratio of teachers of general and civil (urban) schools,
12. provision of § 24 of Act No 154 / 1934 Coll., on Private Employees, and provision of § 34 of the same Act when it refers to a profession of military service exceeding the legal period of training in arms,
13. provisions of § 4 and § 5 of the first and second sentences of Act No. 279 / 1934 Coll., on the counting of military services in certain service conditions, as amended by Act No. 131 / 1946 Coll.,
14. provision § 7 of Act No. 189 / 1936 Coll., on the employment of editors,
15. provision § 3 of the first sentence, § § 12 to 22, § § 25 to 29, § 44 to 48 and § 66 of the Act No. 80 / 1943 of, on the modification of certain legal ratios linked to the performance of military and other similar services,
16. Act No. 18 / 1946 Coll., on the working conditions of persons entering the service,
17. Act No. 216 / 1947 Coll., on the service income and salary of state and other public servants, called for the presence service or military training at certain starting dates,
18th provision of § 55 of Act No. 236 / 1948 Coll., on Military Diseases Care,
19th Government Decree No. 15 / 1949 Coll., on the right to the service of certain civil servants during the period of training in arms (professional exercises), and
20. Decree No 964 / 1949 of the Ministry of Labour and Social Welfare, No 964 / 1949 of the Ú. l. I, which regulates the wage entitlements of staff performing military active duty, as amended by Decree No 991 / 1949 of the Ú. l. I.
(2) They shall also cease to apply, where applicable:
1. Act No. 530 / 1919 Coll., on the State Maintenance Contribution.
2. Government Decree No. 582 / 1919 Coll., implementing the Law of 23 September 1919, No. 530 Coll., on the State Aid to Maintenance,
3. Act No. 120 / 1921 Coll., which lays down provisions on the provision of maintenance allowance to families of persons performing active military service, the validity of which has been extended by Act No. 476 / 1921 Coll., as amended by Decree No. 279 / 1936 Coll.,
4. the measures of the Standing Committee No 227 / 1938 Coll., amending and supplementing the provisions on the State aid for maintenance,
5. the provisions of § 112 to 126 and § 188 (2) of Act No 80 / 1943 Coll. z.,
6th Government Decree No. 29 / 1945 Coll., on increasing the state contribution of the dependant,
7. Act No. 15 / 1946 Coll., on increasing the State contribution of the maintenance, and
8. Act No. 85 / 1949 Coll., which abolishes maintenance commissions established under the Law on State aid to maintenance and transmits their responsibilities to national committees.
(1) Without prejudice to:
1. the provisions on the competence of national committees and staff race councils in the dissolution of employment; and
2. Government Decree No. 73 / 1949 Coll., on Social Insurance of Members of the Military Units assigned to mining or other works.
(2) Where other regulations refer to a state maintenance allowance, it shall continue to mean a provision allowance under this Act.
Transitional use of existing regulations.
Until such time as the Government issues a regulation implementing this law, it shall be applied mutatis mutandis in accordance with the existing rules on matters to be covered by the regulation. However, the actions and omissions of those existing rules are punishable under the provisions of Paragraph 22.
Efficiency of law enforcement.
This law shall take effect on the first day of the calendar month following its publication; It shall be implemented by the labour and social security ministers, the home, finance, justice and national defence ministers in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Erban v. r.
Dr Cap v. r.
Nosek v. r.
Cable v. r.
Dr Rais v. r.
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Regulation Information
| Citation | Act No. 64 / 1950 Coll., on social security of persons called upon to serve in the armed forces and their family members |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.06.1950 |
|---|---|
| Effective from | 01.07.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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