Legislative measure of the Bureau of the Federal Assembly No 7 / 1982 Coll.
Legal action by the Bureau of the Federal Assembly to increase pensions and certain amendments to the Social Security Act
Valid
Effective from 01.02.1982
7
LEGAL MEASURES
Bureau of the Federal Assembly
of 27 January 1982
on increasing pensions and certain amendments to the Social Security Act
The Bureau of the Federal Assembly of the Czechoslovak Socialist Republic has acted in accordance with Article 58 (3) of Constitutional Law No. 143 / 1968 Coll., on the Czechoslovak Federation, on the following legal measure:
(1) Old-age, invalidity and partial invalidity pensions, for years' service and part-time pensions for years' service, widows', orphans', wives' and social security (insurance) pensions include an increase of 40 CZK per month if their amount does not exceed 1200 CZK per month, and, in other cases, 30 CZK per month.
(2) The increase is one of the pensions paid on the effective date of this legal measure and the pensions granted after that date.
(3) The amount of the increase in the pension referred to in paragraph 1 shall be determined on the basis of the non-reduced pension provided that the pension is paid at a reduced rate for co-operation with the income from the gainful activity or that its payment is limited to the continuation of employment (work), to the constitutional or other provision of the pensioner or to the deductions made from retirement under the enforcement rules. If the pensioner receives more than one pension, the amount of the pension increase shall be determined on the basis of the aggregate amount of pensions due in the run-up to pension entitlements. The amount of the pension applicable to the determination of the amount of the increase shall not include an increase in the pension for helplessness and an increase in the pension provided under Article 3 (1) (b) of Regulation (EU) No 1306 / 2013. I legal measure by the Bureau of the Federal Assembly No. 76 / 1979 Coll., to increase pensions.
(4) If a pensioner receives more pensions to which an increase is granted, he will only receive an increase once.
(5) The increase in pensions is due, even if the pension, together with it, exceeds the limits limiting the pension rate set by a percentage to the average monthly earnings or exceeds the highest pension rates (sum of pensions in the run-up) set by fixed amounts. 1) If the pension is paid at a reduced rate for co-operation with income from the gainful activity, or if the pension is limited for the continuation of employment (work), or for other reasons, 2) the increase in the pension thus adjusted shall be granted.
(6) In calculating the pension, the amount to be determined from the pension to which the increase belongs, and in increasing the pension for helplessness, no increase shall be taken into account.
(7) The increase in pension under the previous provisions and under Article I of the statutory measure of the Bureau of the Federal Assembly No 76 / 1979 Coll. is included in the defined lowest pension scale, which is the only source of income for the pensioner (Articles II (3) and (14)), and in the lowest pension rates of the resistance participants (Articles II (7) to (10)). The increase in invalidity (partial invalidity) pension under the previous provisions is not attributable to pensions calculated from the fixed amounts, which are considered to be the lowest average monthly earnings (gross income) for the calculation of the pension .3)
(8) The pension increase shall be granted without application and shall be paid monthly in advance at the same time as the monthly pension amounts.
(9) Unless otherwise provided for in this legal measure, pension increases shall apply mutatis mutandis to pension benefits.
Act No. 121 / 1975 Coll., on Social Security, as amended by the legal measure of the Bureau of the Federal Assembly No. 76 / 1979 Coll. and Act No. 150 / 1979 Coll., is amended as follows:
1. the following paragraph 6 shall be added to Article 14:
"(6) The implementing regulation sets out the lowest average monthly earnings for which the invalidity (partial invalidity) pension is to be calculated for a worker (citizen) who has been entitled to an invalidity (partial invalidity) pension before the age of 28 and a citizen serving in the armed forces (§ 48 to 50). '
Article 32 (2) reads as follows:
"(2) Invalidity pension also belongs to a citizen who became wholly disabled before the age applicable to leaving compulsory education and could therefore not be employed at all or for the period required for entitlement to that pension and reached the age of 18. '
3. in Articles 42 (1) and (2) and 45 (2), the amount of CZK 780 is replaced by CZK 880 and CZK 1330 by CZK 1500.
4. Paragraph 48 (3) is deleted.
5. Paragraph 49 repeals paragraph 3.
6. Article 56 (2) reads as follows:
"(2) The old-age and invalidity pension shall be at least equal to the age of the Resistance.
| skupiny | Kčs |
|---|---|
| I. | 1700 |
| II. | 1400 |
| III. | 1200 |
| IV. | 1100 |
| měsíčně.“. |
7. In Article 57 (2) and (5), the amount of CZK 780 is replaced by CZK 880.
8.
Social income
(1) If a member of the resistance is awarded a social pension, he shall be granted a member of the resistance.
| skupiny | ve výši Kčs měsíčně |
|---|---|
| I. | 1700 |
| II. | 1400 |
| III. | 1200 |
| IV. | 1100. |
(2) If a widow receives a social pension from a member of the resistance, a minimum of 880 CZK per month shall be granted. '
9. In § 60, the amount of 780 CZK is replaced by 880 CZK and the amount of 1330 CZK by 1500 CZK.
10. The following Section 60a is inserted after Section 60:
Adjustment of pensions that are the only source of income
If the pension (total of pensions) does not reach the amount of 1600 CZK per month and is the only source of income of the pensioner and his family member, one of whom is a member of the resistance, the pension (total of pensions) shall be adjusted to that amount. Paragraph 42 (2) to (4) shall apply mutatis mutandis. ';
11. paragraphs 3 and 4 are deleted in Paragraph 63.
12. the words "and 3" shall be deleted in Paragraph 75 (5).
13. In Section 78 (6), the words "the pensioner treated as a single source of income (§ 42) or youth disability (§ 32 (2)) are deleted."
14. In § 159, the amount of 780 CZK is replaced by 880 CZK and the amount of 1330 CZK by 1500 CZK.
15.
"(d) the rates of the provision allowance and, where applicable, the supplement thereto (Sections 74 (1) and (2))."
16. in Article 172 (1) (b), the words "the orphan's pension, education or childcare allowance or, where applicable, the invalidity allowance," shall be added at the end.
Transitional provisions
(1) For pensions paid on the date on which this legal measure is effective, the increase provided for in Article I shall be granted from the payment of the pension due after the application of that legal measure. The decision on this increase shall be taken only at the request of the pensioner.
(2) Invalidity (partial invalidity) pensions of workers (citizens) who have been entitled to an invalidity pension (partial invalidity) before the age of 28 years and of citizens serving in the armed forces (Sections 48 to 50 of Act No. 121 / 1975 Coll., on social security), granted before the date of application of this legal measure, shall be adjusted in accordance with Article II (1) and (2) at the request of the first instalment of the pension due after the date of application of this legal measure. The pensions mentioned in the previous sentence, to which a claim was made before the application of Act No. 121 / 1975 Coll., on Social Security, shall be converted in accordance with that Act.
(3) Pensions paid at the date of application of this legal measure, which have been adjusted as a single source of income, will be increased in accordance with Article II (3) and (14) without application from the payment of the pension due after the date of application of that legal measure.
(4) Old-age, disabled, widower, orphan orphan children, social, parents and siblings who have not yet been adjusted as a single source of income and are below the level laid down in Article II (3) and (14), and the pension of resistance participants which do not reach the level set out in Article II (6) to (10), shall be adjusted on request at the earliest from the payment of the pension due after the effective date of this legal measure.
(5) The partial invalidity pensions of the resistance participants granted before the application of this legal measure are to be recalculated in the light of the newly determined lowest amount of the resistance participant's invalidity pension (Article II (6)), if this is more favourable to them. An adjustment to the pension shall be made on request at the earliest from the payment of the pension due after the effective date of this legal measure.
(6) The increase provided for in Article I and under the statutory measure of the Bureau of the Federal Assembly No 76 / 1979 Coll., on the increase of pensions, is granted to the orphan's pension provided for in Article 41 (5) of Act No. 121 / 1975 Coll., on Social Security.
(7) Pensions whose payment has been limited pursuant to § 63 (3) and (4) of Act No. 121 / 1975 Coll., on social security, shall be adjusted without application from the payment of the pension due after the date of application of this legal measure.
This legal measure shall take effect on 1 February 1982.
Husák v. r.
Indra v. r.
Strougal v. r.
1) E.g. § 18, 23, 28, 34, 55, 56, 66, 123, 124, 126 and 127 of Act No. 121 / 1975 Coll., on Social Security, as amended.
2) Paragraph 64 (2) sentence of the third Act No. 121 / 1975 Coll.
3) Articles 14 (6) and 172 (1) (a) of Act No. 121 / 1975 Coll., as amended. Articles 22, 22a, 29a, 45 (1), 55 (1) and (2), 60 (1) and (2), 65 (2), 65a (2), 68 (1), 69 (4) of Decree No. 128 / 1975 Coll., implementing the Social Security Act, as amended.
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Regulation Information
| Citation | Legal measure of the Bureau of the Federal Assembly No 7 / 1982 Coll., on increasing pensions and on certain amendments to the Social Security Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.01.1982 |
|---|---|
| Effective from | 01.02.1982 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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