Act No. 65 / 1978 Coll.
Act amending and supplementing Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended
Valid
Effective from 01.01.1979
65
THE LAW
of 21 June 1978
amending and supplementing Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended by Act No. 59 / 1969 Coll. and Act No. 100 / 1970 Coll., is amended as follows:
1. Paragraph 26, including the title, reads:
Release from service
(1) A soldier's professional service will release the soldiers,
(a) who have been recognised by a military medical commission which is incapable of operating for medical reasons;
(b) for which there is no other rank in service when the number of armed forces is reduced;
(c) professional incapacity based on evaluation;
(d) who, on the basis of a resolution of the Government of the Czechoslovak Socialist Republic, are to switch to civil authorities or organisations for unplanned functions for professional soldiers.
(2) The service of a professional soldier can release soldiers,
(a) who have reached the age limit laid down in the Defence Act in military active service;
(b) who fulfil the conditions for entitlement to an old-age pension;
(c) for which the Military Medical Commission has established a reduced capacity for active military service for medical reasons and for which there is no other appropriate classification in the armed forces;
(d) on his own request for reasons of particular concern;
(e) who have committed acts of serious disrespect to the rank of General, Officer or Ensign;
(f) who have been lawfully sentenced by the court to an unconditional prison sentence.
(3) Professional soldiers who have reached the age limit laid down for military active duty may, with their consent, be left in service above the specified age limit by decision of the Minister of National Defence of the Czechoslovak Socialist Republic or the Minister of Interior of the Czechoslovak Socialist Republic or the authorities empowered by them to do so. In accordance with paragraph 2 (a), soldiers who do not agree to stay above the age limit shall be dismissed from service.
(4) The release of a professional soldier referred to in paragraph 2 (e) or (f) may be decided only within two months of the date on which the reason for the release was established, but not later than one year from the date on which that reason arose.
(5) Proposals for the release of professional soldiers under paragraph 2 (e) and (f) are examined by the commissions set up by the Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic.
(6) An occupational soldier to be discharged from service must be notified of his release at least three months in advance, unless otherwise provided for in a bilateral agreement. "
2.
(1) The Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic decide on admission to and release from the service of professional soldiers in their field of responsibility; in the case of practitioners, by the competent ministers empowered to do so.
(2) The Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic decide on the release under Paragraph 26 (2) (d). "
3. the following paragraph 3 is added to Article 28:
"(3) Professional soldiers are provided by the authorities of the Federal Ministry of National Defence or the Federal Ministry of Interior at the place of their professional classification. The provisions of the Housing Management Act remain unaffected. '
4. The following Section 28a is inserted after Section 28:
(1) Professional soldiers may be provided to consolidate their physical fitness, physical and mental health by preventive rehabilitation of 14 calendar days a year.
(2
(3) The conditions for the provision and implementation of preventive rehabilitation are laid down by the Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic. "
5.
(1) Professional soldiers may be assigned to civil authorities and organisations to carry out defence-related tasks and other special tasks with military active duty.
(2) The planned number of functions with these authorities and organisations is approved by the State Defence Council on the basis of proposals submitted after discussion with the Minister of National Defence of the Czechoslovak Socialist Republic or the Minister of Interior of the Czechoslovak Socialist Republic.
(3) Details on the assignment of professional soldiers to civilian authorities and organisations are provided by the Government of the Czechoslovak Socialist Republic. "
6.V § 31
paragraph 3 shall read as follows:
"(3) Occupational soldiers released from the service referred to in Article 26 (1) (a) or (2) (c) who are not entitled to a service allowance or social security pension shall be paid for a maximum period of two years from the date of their dismissal, but first from the beginning of their employment and, where appropriate, from the beginning of their preparation for that profession, pay compensation if their employment period was at least 10 years.";
paragraph 5 shall read as follows:
"(5) Occupational soldiers made redundant pursuant to Article 26 (1) (a) or (b) or (2) (a) or (c) who are not entitled to a service allowance, pay compensation or social security pension shall be granted for a period of one year from the date of release of the salary corresponding to the grade reached on the date of release.";
the following paragraphs 6 and 7 are added:
"(6) If the employment of a professional soldier falls victim to death, the survivors shall be entitled to death. The amount of the death and death toll of the survivors shall be determined by the Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic. Entitlements of survivors under the rules on liability for accidents at work and occupational diseases remain unaffected (1)
(7) The provisions of paragraphs 3 to 5 shall also apply to soldiers who, during the period of military active service, are physically secured as professional soldiers; Paragraph 6 shall also apply to survivors of such soldiers. ';
7. In Paragraph 32, its present wording is renumbered paragraph 1 and paragraphs 2 and 3 are added as follows:
"(2) The Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic may in their field of competence remove the hardness that would arise in the implementation of the provisions of Paragraph 31 (3).
(3) The Federal Ministry of National Defence and the Federal Ministry of Interior shall lay down the details of the organisation, management and benefits provided for in Article 31 (3) to (7); they shall further adjust the details of the calculation of the periods of time and of the revenue from which the benefits are calculated. "
8.V § 33
paragraphs 1 to 3 shall read as follows:
"(1) The service allowance (hereinafter referred to as" the allowance ') shall belong to professional soldiers discharged from the service under Article 26 (1) or (2) (a) to (e) who have served in the armed forces for a period of at least 20 years and have reached the age of at least 40 years upon release. The Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic may grant a contribution to soldiers made redundant pursuant to § 26 (2) (f) or to soldiers whose service has ceased to exist by withdrawing military rank or declaring their loss, if they are of particular consideration.
(2) The basis for calculating the contribution (hereinafter referred to as "the basis") is the sum of the gross functional and value salary of the professional soldier for the last month before the discharge of the service or the monthly average of such income for the last five completed calendar years before the year of discharge of the service, or, in the case of executive and military personnel, on an equal footing with them also prior to the year in which the air service or the equivalent service was terminated, whichever is more favourable.
(3) The basic amount of the allowance for 20 years of service in the armed forces is 30% of the base. The base area shall be added to the 21st and every subsequent year the service 2% base. The maximum percentage of the contribution shall be 55% of the base. However, the highest amount of the allowance may not exceed the fixed amounts fixed by the Government of the Czechoslovak Socialist Republic between 1400 and 2150 Kčs per month according to the rank of professional soldier on the date of dismissal; the allowance may not exceed the maximum amount of the partial invalidity pension of the members of the Resistance on the date on which the old-age pension is entitled. ';
paragraphs 5 and 6 shall be deleted;
paragraph 7 shall be renumbered paragraph 5 and the words "Act No. 161 / 1968 Coll., on Special Admission to Benefits, on Changes in Pension Security for Resistance Participants and on Certain Changes in Social Security 'shall be replaced by" Social Security Act';
the following paragraph 6 is inserted after paragraph 5:
"(6) The allowance shall be paid as an advance payment; after each calendar year, after the loss of earnings or the loss of entitlement to the allowance, the advances paid shall be settled. ';
the following paragraph 7 is inserted after paragraph 6:
"(7) When the allowance is combined with the earnings, the allowance shall be reduced by the amount by which the total of the allowance and the gross earnings exceeds the total of the gross functional and value pay and the allowance for the service of the year 2) due for the period applicable to the determination of the base referred to in paragraph 2. ',
paragraph 8 is deleted;
paragraph 9 is renumbered paragraph 8, and in the second line, the word "or 'is replaced by a comma, and after the word" pension' the words "or to the pension for the service of the years' are inserted;
the following paragraph 9 is inserted after paragraph 8:
"(9) The Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic may withdraw the contribution to soldiers whose military rank has been withdrawn or lost. ';
paragraph 10 shall read as follows:
"(10) The Federal Ministry of National Defence and the Federal Ministry of the Interior provide details of the organisation, management and decision-making of benefits, the calculation of periods of time, the income from which the contribution is calculated, the reduction of the contribution in connection with earnings, the method of payment of benefits and the obligations of beneficiaries."
9. Paragraph 38 is deleted.
The service allowance and the salary compensation to which a claim has been made prior to the application of this Act shall remain in the existing notices and shall be assessed in accordance with the existing rules. Paragraph 33 (9) also applies to contributions to which a claim has been made before the application of this Act.
(1) This law shall also apply to professional soldiers recruited in accordance with current regulations.
(2) If a professional soldier requests further service for discharge on the grounds that he has joined the armed forces in accordance with the current regulations, his application shall be dealt with in the light of the State's defence needs, the fighting capacity of the armed forces and the grounds for special consideration and shall be released within two years from the date of the request for release; under the conditions set out in Paragraph 33 (1), these soldiers shall be granted a service allowance. The details are set out by the Federal Ministry of Defence and the Federal Ministry of Interior.
The Bureau of the Federal Assembly is hereby authorised to declare in the Collection of Laws the full text of Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as is apparent from later regulations.
This Act shall take effect on 1 January 1979.
Husák v. r.
Indra v. r.
Strougal v. r.
1) Paragraph 197 (1) (a) to (e) of the Labour Code.
2) Section 6 of Act No. 88 / 1952 Coll., on Material Security of Armed Forces.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 65 / 1978 Coll., amending and supplementing Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.06.1978 |
|---|---|
| Effective from | 01.01.1979 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0