Decree of the Government of the Czechoslovak Socialist Republic No. 73 / 1969 Coll.
Government Order of the Czechoslovak Socialist Republic on the exceptional provision of pensions to certain working pensioners
Valid
Effective from 01.07.1969
73
GOVERNMENT REGULATION
Czechoslovak Socialist Republic
of 28 May 1969
on the exceptional provision of pensions to certain working pensioners
The Government of the Czechoslovak Socialist Republic provides, pursuant to § 58 of Act No. 101 / 1964 Coll., on Social Security, and § 46, 49 and 96 of Act No. 103 / 1964 Coll., on Social Security of Cooperative Farmers, as amended by Act No. 116 / 1967 Coll.:
Entitlements on old-age pension at work
(1) A worker who is employed *) after entitlement to an old-age pension from the pension of workers or cooperative peasants or from the pension of self-employed persons shall be paid an old-age pension of up to 1000 CZK per month
(a) after the age of 65,
(b) after reaching the age of 60, if there is an old-age pension from the first working category or an old-age pension for a woman or an old-age pension for a member of the resistance whose entitlement to an old-age pension is reduced. * *)
(2) Even if the conditions for granting the old-age pension referred to in the preceding paragraph are not fulfilled, the old-age pension is granted,
(a) if this pension does not exceed 800 CZK per month and the worker's gross earnings do not exceed 1200 CZK per month; or
(b) if this pension exceeds 800 CZK per month but the worker's gross earnings do not exceed 600 CZK per month.
(1) A worker who is employed after being entitled to an old-age pension from the pension of workers or cooperative peasants or from the pension insurance of self-employed persons shall be entitled to an old-age pension of up to 1000 CZK per month, if employed:
(a) on a national or school farm, in a single agricultural cooperative or in another agricultural production organisation, where it works exclusively in such agricultural production or in a forestry plant;
(b) when carrying out services, including repairs, maintenance and other similar work to meet the needs of the population;
- in the organisations of local industry, municipal services, budgetary organisations and facilities of national committees for municipal services, small establishments of national committees, production cooperatives and the housing economy of national committees and cooperatives,
- at the store,
- public, competitive and school meals and accommodation facilities,
- health care and social security facilities, including care,
- public transport, including local transport, and the operation of post offices and telecommunications,
- in the operation of waterworks and treatment of drinking water, including pumping stations,
- when collecting raw materials,
(c) in the food industry and in the purchase of agricultural products and the production of feed, in mining and printing establishments;
(d) in construction, including maintenance and renewal, in the manufacture of building materials and in the construction, restoration and maintenance of civil engineering networks and communications.
(2) The provisions of paragraph 1 (b) to (d) do not apply to staff performing administrative work.
(1) A worker who is employed after entitlement to an old-age pension is entitled to a pension of workers shall be entitled to that pension of one half, (*) unless the arrangements provided for in Section 1 or Section 2 are more favourable to him if his gross earnings have fallen substantially after entitlement to an old-age pension; it is a condition that a substantial decrease in earnings was due to a reduction in the working time or change in employment.
(2) A substantial decline in the worker's earnings shall be considered if the worker's monthly gross earnings are at least one third lower than the average monthly earnings of which the old-age pension is calculated but unlimited pursuant to § 9 (3) of Act No 101 / 1964 Coll.
(3) Half of the old-age pension is calculated from the old-age pension of the amount at which it would be due on the date on which half of that pension is granted. The average monthly earnings of a worker whose old-age pension has not yet been assessed shall be collected from gross earnings made prior to the year in which he was entitled to the old-age pension or, if more favourable to the worker, before the year in which the earnings were substantially reduced after the pension entitlement arose.
Entitlements on old-age pension for work in the single agricultural cooperative
A co-worker who is employed * *) in a single agricultural cooperative after entitlement to an old-age pension has been established, this pension shall be granted up to a maximum of 1000 CZK per month.
Pension entitlements for campaign, seasonal and other short-term work
(1) Old-age, widower's and orphan's pension pension (insurance), which would not have been paid or reduced in the course of employment or work in a single agricultural cooperative, shall be granted an unchanged pension if the pensioner is temporarily employed (temporarily employed in the cooperative) for a period of not more than
(a) 180 working days;
(b) 120 working days for administrative work;
where the pensioner has not actually worked more than the specified number of working days in the short-term employment (work) so agreed in the calendar year. The number of days worked includes the days for which the pensioners were sick.
The benefits referred to in this paragraph shall not apply if at least 14 days have elapsed between the end of a permanent employment relationship and the date of taking up work in a short-term employment (work) of the same organisation (cooperative).
(2) The pensioners referred to in the preceding paragraph shall also be entitled to an unaltered pension if they are employed (employed) with a working period of such an extent that they do not exceed 1200 working hours in the calendar year, and if they are on administrative leave, 800 working hours.
(3) The total duration of the work referred to in paragraph 1 must not exceed 180 working days in the calendar year. Where the pensioner has carried out both the work referred to in paragraph 1 and the work referred to in paragraph 2 in the same calendar year, each day in which the work referred to in paragraph 2 was carried out shall be treated as one working day; the total duration of all works may not exceed 180 working days in the calendar year. However, administrative work must not cover more than 120 working days.
(4) If the consequences of unforeseen emergencies are urgently to be remedied with the assistance of pensioners, the maximum period of work set out in the preceding paragraphs may be exceeded. The extent of such exceedance and the work for which it is permitted will be decided for individual emergencies by the Government of the Czech Socialist Republic and the Slovak Socialist Republic.
(1) An organisation (single agricultural cooperative) may accept pensioners only for the purposes of campaign, seasonal or other short-term work which cannot be carried out by workers employed (employed) in the organisation (cooperative) throughout the year.
(2) The organisation (single agricultural cooperative) is required to state in the report of the social security authority the circumstances showing whether the work in which the pensioner is entitled to benefits under the previous provisions of this Regulation and is liable under the rules in force for damage caused by the wrongful payment of the pension if the pensioner is not entitled to such benefits. *)
Common provisions
(1) For the period of employment (work) during which an old-age pension or part thereof is granted, entitlement to that pension shall not be increased.
(2) The beneficiary may, in the cases referred to in paragraphs 1 to 5, choose the place of payment of the pension to increase the pension entitlement. In the cases referred to in Sections 1 to 4, the option may not be modified before the expiry of 3 months; in the cases referred to in Section 5, the pensioner may at any time ask to be entitled to an old-age pension instead of a pension. The period of employment (work) shall be assessed to increase pension entitlement in all these cases in accordance with the general rules from the day following the end of the period for which the monthly pension payment has already been made.
For the period for which the old-age pension or part thereof is payable under § 1 to 5 in respect of employment (work), the pension is paid even if the sick pension is at that time.
Final provisions
Where a pensioner operates under a work agreement or employment agreement * *) or provides services or repairs on the basis of a national committee's approval, * * *) his pension shall not be withdrawn or reduced for that reason.
The period of time for which the pensioner has held campaign, seasonal or other short-term work after 31 December 1968, in which the benefits under the current rules on the exceptional provision of pensions to certain working pensioners have been taken into account in the period of employment (work) under Section 5, taking into account the nature of the work performed.
The provisions of this Regulation shall also apply to pensioners paid by the authorities of the ministries of national defence, interior and justice.
Government Decree No. 60 / 1966 Coll., on the exceptional provision of pensions to certain working pensioners, is hereby repealed.
This Regulation shall enter into force on the day of its publication.
Ing. Cernik v. r.
*) A worker is a worker and a member of the production cooperative.
* *) § 107d) and (e) of Act No. 101 / 1964 Coll. as amended by Act No. 161 / 1968 Coll., § 74d) of Act No. 103 / 1964 Coll. as amended by Act No. 161 / 1968 Coll. and § 22b) of Decree No. 105 / 1964 Coll. as amended by Decree No. 181 / 1968 Coll.
*) § 64 paragraph 5 of Act No. 101 / 1964 Coll.
* *) The cooperative also means a citizen who works permanently in the cooperative and is not a member of the cooperative or is not in employment with him (§ 2 of Act No. 103 / 1964 Coll.)
*) The obligations of the establishments (single agricultural cooperatives) to keep records and report for social security purposes and the obligation to replace the wrongly paid benefits are laid down in Sections 89 and 139 of Act No. 101 / 1964 Coll., Section 118 of Law No. 103 / 1964 Coll. and Sections 123 to 132 of Decree No. 102 / 1964 Coll.
Section 232 of the Labour Code.
* * *) Principles No. 20 / 1965 Coll.
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Regulation Information
| Citation | Decree of the Government of the Czechoslovak Socialist Republic No. 73 / 1969 Coll., on the exceptional provision of pensions to certain working pensioners |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.07.1969 |
|---|---|
| Effective from | 01.07.1969 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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