Act No. 65 / 1948 Coll.
Indemnification and other measures for certain public servants who have been transferred to retirement or whose employment has been unmarried during the period of infreedom
Valid
Effective from 01.05.1948
65.
Law
of 18 March 1948
on compensation and other measures for certain public servants who have been transferred to retirement or whose employment has been suspended during the period of infreedom.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
(1) Public servants who, at the time of the lack of liberty, were transferred ex officio to permanent retirement due to the completion of the age limit laid down by the provisions laid down at the time of the lack of liberty (Sections 21 to 24 of the Decree of 21 December 1938, No 379 Coll., on the modification of certain staff conditions in the public administration, after the case as amended, is changing and complementary), before the end of the 60th year of age, when the President of the Republic is reactivated, before the end of the 65th year of age, and when the professors of higher education, before the end of the 70th year of age, and are not entitled to compensation under the decree of the President of the Republic of 17 August 1945, No 53 Sb., on the reactivation of the public servants of the Czech Republic, and the compensation of the Czech Government (§ 8, paragraph 1), and were not reactivated under the decree of the President of 24 August 1945.
(a) their pension base (Section 154 of the Salary Act and similar provisions) will be increased to the amount which they would have achieved in the course of their time on that base if they had remained in active employment until the end of the month in which they completed the 60th year of age (for judges, 65th year of age, and for university professors, 70th year of age), but for a maximum period of 5 years from the date of transfer to permanent retirement,
(b) the length of the period applicable to the increase in the pension base referred to in (a) shall be added for the entitlement to the service and its assessment if the staff member is not entitled to full service;
(c) if, before 1 January 1944, they have not completed the 60th year of age (being a judge, the 65th year of age, and going to the professors of higher education, the 70th year of age), the resting (provision) salaries of the 12th January 1944, the amendment to the Act of 24 June 1926, the amendment to the Law of 24 June 1926, the amendment to the Law of 24 June 1926, the amendment to the Law of 24 June 1926, the amendment to the Law of State Staff and certain service conditions (Amendments to the Law of 12 January 1944, the Law of 12 January 1944, the Law of 12 January 1944, the Act of 16, the Law of 24 June 1926, the Law of 24 June 1934, the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the European Communities, the European Communities and the Law of the Law of the European Communities.
(2) The provisions of paragraph 1 shall apply mutatis mutandis to the assessment of the remuneration of the survivors of the employees there who died before the entry into force of this Act. Where a staff member has died before the expiry of the period applicable in accordance with paragraph 1 (a) and (b), account shall be taken, in the course of the measurement of the provision salaries, of the period elapsed from the date of the transfer of the staff member to retirement until the date of his death. Paragraph 1 (c) shall not apply if the staff member has died before 1 January 1944.
(3) The remuneration of persons to whom the provisions of the preceding paragraphs apply shall be reassessed in accordance with the principles laid down in those provisions with effect from the first day of the month following the publication of this Law.
(1) Employees transferred to retirement during the period of deprivation and reactivated under Decree No. 68 / 1945 Coll. and employees reactivated or re-established under the Decree of the President of the Republic of 10 September 1945, No. 74 Coll., on reactivation and re-provision of married women in the public service, or under the Decree of the Slovak National Council of 8 February 1946, No. 16 Coll. on reprovisions made for the dismissal of married civil servants, shall be counted with financial effectiveness on the date of reactivation (re-provision) for the establishment of the service order, for the increase of the service (salary corresponding to it), and for the period of termination of service and its termination of service (from the day of termination of the service) until the date of reactivation (reactivation), unless that period is no longer required.
(2) In the case of reactivated or reestablished employees under Decree No. 74 / 1945 Coll., the set-off referred to in paragraph 1 shall be made only on condition that the employee undertakes to return the compensation paid to her when the service was untied pursuant to § § § § 6 or 8 or § 15, par. 1, vl. naříč. No 379 / 1938 Coll., after being transferred to service under § 14 or § 15, par. 2 of this Regulation, reduced by the amounts already recovered under § 6, par. 1 of Decree No. 74 / 1945 Coll. The provisions of the previous sentence shall apply mutatis mutandis to employees re-established pursuant to Regulation No 16 / 1946 Coll. of the Slovak National Council (SNR), if the disposal fee has not already been repaid, after which it is not paid in accordance with the provisions of Paragraph 1 (3) of this Regulation. The disposal, after the remainder, may be repaid in a maximum of 36 monthly instalments, beginning on the first day of the month following delivery of the netting order. In the absence of full repayment at the end of the active service, the outstanding remainder may also be paid by withholding from its resting (provision) salaries, including those of the disposal.
(1) Employee who has entered into permanent service under § 7, § 1, paragraph 1, of Law No. 379 / 1938 Coll., or under § 2, § 1 of the Law of 28 September 1939, § 256 of the Act of 5 June 1939, § 150 of the Law of 5 June 1940, § 150 of the Law of 24 December 1942, § 420 of the Law of 24 December 1942, and of certain provisions of the Government Regulation No 380 / 1938 on staff-saving measures in the public administration, after § 54, § 1 of the Law of 5 June 1947, § 31, § 1 of the Decree of 24 December 1942, § 420 Coll.
(2) Disability to service must be demonstrated by an opinion of the official physician. Entitlement to a resting (provision) salary shall arise on the first day of the month immediately following the incapacity for service and, if the incapacity has been established on the first day of the month, on that day. If the day on which the incapacity for service has occurred cannot be established, the payment shall be the relevant day on which the worker was already demonstrably unfit for the service, but no later than the day of the declaration of entitlement. Employees who have become unfit for service before the date on which this Law takes effect shall be entitled to a rest allowance (provision) salary on that date.
(3) Paragraph 31 (2) of Law No 420 / 1942 Coll. and Paragraph 54 (2) of the Law No 210 / 1947 Coll. applies only in cases where, before the end of the 50th year of age, workers are not entitled to a rest allowance under the preceding paragraphs.
The Government may, by appropriate measures, compensate for irregularities which would have arisen for employees, for survivors of workers who are not covered by § § 1 or § 2 but who have suffered similar damage.
(1) Entitlements
1. pursuant to Paragraph 1,
2. in accordance with Article 2, as regards workers who are subject to a refund of compensation under this provision (the remainder thereof) and as regards workers who were already transferred to retirement or died before the entry into force of this Act, and
3. pursuant to § 3
must be applied in writing by non-registered application. It is for them to submit an application, and it is for them to decide.
(a) to the competent authority responsible for measuring the resting (provision) salaries and, if there is no such authority, the authority whose liquidating authority provides for the payment of such salaries, if the cases referred to in § § § § 1 and § 3 are concerned,
(b) to the competent (last) personal office, if the cases referred to in Article 2 are concerned.
(2) The application is submitted in accordance with § § § 1 and § 2 at the latest 6 months after the entry into force of this Act. This period shall be maintained if the application has been submitted to postal transport before its expiry. The competent central authority may, where justified, waive the deadline in agreement with the Ministry of Finance.
(3) Staff and survivors of the staff referred to in Article 4 shall register their damage within the time limit laid down in paragraph 2 with the Central Office which was their last personal office or which is their last personal office in charge and, failing that, the Ministry of Finance.
(4) The application shall indicate exactly the type and volume of the damage suffered, state all the essential circumstances relevant for the assessment of the case, attach written documents and offer evidence.
(5) Requests, proposals and complaints in matters governed by this law which have been submitted before the beginning of its effectiveness shall not be considered as applications under the preceding paragraphs.
Compensation under Paragraph 1 shall be excluded if the staff member, in the case of his survivors, is not legally and nationally reliable.
Public servants pursuant to § § § 1 and § 2 shall be understood to mean, with the exception of military persons subject to the provisions of § 2 of the Act of 6 March 1946, No 72 Coll., on the modification of certain legal conditions of officers and masters of the profession and on the taking over of certain persons into the Czechoslovak armed forces, employees
(a) the State;
(b) the volumes of local government 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);
(d) to which the teaching law applies.
(1) The transfer to permanent retirement under the provisions of § 1, paragraph 1, excluding the transfer to permanent retirement under free consideration for the reasons set out in § § § 1 and 4 of Decree No. 53 / 1945 Coll., as well as the measures under Section 1, Section III of Decree No. 379 / 1938 Coll. are not considered damage under § 5 of Decree No. 53 / 1945 Coll.
(2) The Act, which, pursuant to Article 12 of the Constitutional Decree of the President of the Republic of 3 August 1944, No 11 of the OJ, on the restoration of the rule of law, as amended by the Law of 19 December 1945, No 12 of 1946 approving, amending the provisions on the renewal of the rule of law, specifies in particular how the damage resulting from the exceptional circumstances of the period of non-freedom and how the cases in which it is not possible, or in the interest of economic and social recovery, is not applicable, and is not applicable, as regards the field of professional, wage and pension rights of persons referred to in § 3 of Decree No 53 / 1945 / 1945 / 1945 / and § 7 of this Act, as well as this law.
According to the provisions of this law, cases modified by it will also be decided if, before the date of its entry into force, the claim for atonement of injustices under Decree No. 53 / 1945 Coll. and the administrative authority has either not taken a final decision or has not given a new decision, has not taken any further action pursuant to Paragraph 6 (2), Article 7 (2), Article 7 (2) of the Supreme Administrative Court Law, or if a complaint has been lodged against the Administrative Office's decision before the Supreme Administrative Court and the Supreme Administrative Court has not yet ruled on it.
This law shall take effect on the first day of the month following its publication; it shall be carried out by all members of the Government.
Dr Beneš v. r.
Gottwald v. r.
Broad v. r.
Laušman v. r.
Zaporocký v. r.
Dr Clementis v. r.
Maj-Gen Svoboda v. r.
Dr. Ševčík v. r.
Dr Gregor v. r.
Nosek v. r.
Dr Dolansky v. r.
Dr. Unedible v. r.
Dr Cap v. r.
Kopecký v. r.
Fierlinger 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. 65 / 1948 Coll., on Compensation and Other Measures for Certain Public Employees Replaced or Unmarried |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.04.1948 |
|---|---|
| Effective from | 01.05.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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