Decree of the Ministry of Labour and Social Affairs No. 78 / 1968 Coll.
Decree of the Ministry of Labour and Social Affairs amending and supplementing Decree No. 108 / 1964 Coll., on the competence of national committees in social security matters
Valid
Effective from 24.06.1968
78
DECLARATION
Ministry of Labour and Social Affairs
of 17 June 1968
amending and supplementing Decree No 108 / 1964 Coll., on the competence of national committees in social security matters
According to Section 86 (1) of Act No. 101 / 1964 Coll., on Social Security, § 115 (4) of Act No. 103 / 1964 Coll., on Social Security of Cooperative Farmers, § 11 (d) of Act No. 53 / 1968 Coll., on Changes in the Organisation and Scope of Certain Central Authorities, and according to the principles approved by the Government Resolution of 13 June 1968:
Decree No 108 / 1964 Coll., on the competence of national committees in social security matters, is amended as follows:
1. Article 3 (1) (a) reads as follows:
"(a) on the initiative of the Medical Advisory Board on whether a worker (a cooperative) unable to work for a disease or accident for at least 3 months to whom the sickness belongs and who has not applied for an invalidity pension (partial invalidity) or if such a request has not been granted, is wholly (partly) disabled; in other cases, proceedings for social security benefits dependent on long-term unfavourable health conditions shall give full (partial) invalidity of the assessment; ';
Article 4 (1) (f) reads as follows:
"(f) the spa care of non-working pensioners, members of single agricultural cooperatives and their family members, as well as family members of writers, musical composers, artists, architects, scientists, performers and artists, with the exception of diseases for which spa care is authorised directly by public health authorities; *) '
3. Paragraph 4, including the headings, is deleted.
4. Paragraph 5 is renumbered Article 4 and the headings are read as follows:
Administrative Commission
Establishment of administrative commissions
(1) The Regional National Committees, the National Committee of the City of Prague and the National Committee of the City of Slovakia Bratislava (hereinafter referred to as the Regional National Committees), the Regional National Committees, the City National Committees in Brno, Ostrava, Pilsen and Košice, the District National Committees in Prague and the District National Committees in Bratislava, which have the competence of the Regional National Committees (hereinafter referred to as the Regional National Committees), establish as the Administrative Commission the Social Security Assessment Committee and the Batch Committee.
(2) The Regional and Regional National Committees set up several administrative commissions (in particular the Social Security Assessment Committees) where the scope of work and the legitimate requirements and needs of workers so require.
(3) The Regional National Committees may, with the agreement of the Regional National Committee, set up, as appropriate, a special Regional Social Security Assessment Board for the assessment of full (partial) disability in a particular type of disease, or for direct participants in the fight against fascism and the victims of fascism; the scope of the regional social security assessment committee thus established shall apply to the territory of the whole region. ';
5. Paragraph 6 is renumbered Article 5 and reads:
Election of members of administrative commissions
(1) The President and other members of the Administrative Commission shall be elected and removed by the National Committee.
(2) The Chairman of the Batch Committee shall be elected from among the members of the National Committee; If the elected chairman of the batch committee is unable to perform his duties, he shall be represented by another member of the national committee to whom the national committee shall appoint the members of the batch committee. The chairman of the assessment committee and its representative shall be elected from among the senior doctors of the social security assessment service.
(3) The Regional and Regional National Committee shall elect:
(a) a representative of the Revolutionary Trade Union Movement on a proposal from the Regional (Regional) Trade Union Council,
(b) representatives of the single agricultural cooperatives on a proposal from the production farm administration (district agricultural association) or, where appropriate, the regional department of the Ministry of Agriculture and Nutrition;
(c) workers closely related to social security, on the recommendation of the competent authorities of social organisations, establishments and offices;
(d) social security workers.
(4) For other members of the Social Security Assessment Committees, the Regional and Regional National Committee shall elect:
(a) a representative of the Revolutionary Trade Union Movement on a proposal from the Regional (Regional) Trade Union Council,
(b) representatives of production cooperatives on a proposal from the Regional Secretariat of the Union of Production Cooperatives;
(c) representatives of the armed forces on a proposal from the District and Regional (Urban) Military Administrations and representatives of the Ministry of Interior on a proposal from the Regional Administrations of the National Security Corps;
(d) representatives of the single agricultural cooperatives on a proposal from the production farm administration (district agricultural associations) or, where appropriate, the regional department of the Ministry of Agriculture and Nutrition;
(e) doctors of social security assessment, doctors of the state health administration, doctors of the Ministry of Education, Transport, National Defence and Interior and doctors - members of the Union of anti-fascist fighters,
(f) a representative of the District (City) Committee of the Union of anti-fascist combatants on a proposal from those committees and, if it is the Regional Assessment Committee, a representative of the Central Committee (Slovak Committee) of that Union on its proposal,
(g) social security workers.
(5) The staff of the Social Security Department elected to the members of the Administrative Commission shall act as Secretary. ';
6. Paragraph 7 is renumbered Article 6 and reads:
Composition of administrative commissions
(1) The Batch Committee shall act and act with the participation of the President or his representative and at least two other members, one of whom is a social security worker and the other a representative of the Revolutionary Trade Union Movement; Where a peasant (his family member or cooperating family member) is a party to the proceedings, the second member of the committee shall be a representative of the single agricultural cooperative.
(2) The Social Security Assessment Board shall act and act when the President or his representative, another doctor, a social security officer and a representative of the Revolutionary Trade Union Movement are present; where a peasant (his family member or cooperating family member) is a party to the proceedings, a representative of the single agricultural cooperative shall be a member of the committee; If a juvenile case is discussed in the Social Security Assessment Board, the doctor responsible for the care of the young person shall take part in the hearing and the quorum shall also take part in the hearing and the representative of the Union of anti-fascist fighters, elected on a proposal from the District (City) Committee and, if the Regional Assessment Committee, on a proposal from the Central Committee (Slovak Committee). When considering a member of the armed forces (security corps) of the profession, the meetings and resolutions of the Social Security Assessment Committee shall take place as a representative of the Revolutionary Trade Union Movement of the representative of the armed forces (security corps) and shall not only be subject to a medical check-up, including a doctor of the armed forces (security corps).
(3) The following may be invited to discuss individual cases in the Administrative Committees:
(a) a representative of the race committee of the basic trade union organisation of the plant in which the party to the proceedings is or has been employed or, where appropriate, a representative of the higher authority of the Revolutionary Trade Union Movement;
(b) a representative of the single agricultural cooperative or production cooperative in which the cooperative is or has been active;
(c) a representative of the municipal (local) national committee in whose territory the party to the proceedings is domiciled;
(d) a representative of the Czechoslovak Union of Disabled Persons or other Social Organisations,
(e) the treating physician assessed,
(f) other workers' citizens who can be expected to contribute to clarifying the important circumstances relevant to the Commission's decision;
(g) a representative of the competent service of the corrective establishment in the case of a convicted person serving a prison sentence.
(4) Representatives of the authorities referred to in the preceding paragraph shall be invited to the proceedings of the Administrative Commission if they so request. The Administrative Commission shall also be invited to act by the treating physician considered if he so requests. However, the representatives of these authorities and the treating physician shall have only an advisory vote at the hearing.
(5) Citizens who are invited to attend the meetings of the Administrative Commission shall be entitled to compensation for the loss of earnings and to reimbursement of the necessary expenses, mutatis mutandis, as members of the Administrative Commission.
(6) The meetings of all administrative commissions may also be attended without invitation by members of the Social Security Commission and the Administrative Commission and the staff of the Social Security Services of the national higher-level committees and the staff of the Pensions and Labour and Social Affairs Administration. '
7. Paragraph 8 to 13 is deleted.
8. Paragraph 14 is renumbered Article 7 and the title is read as follows:
Scope of administrative commissions
Scope of the Regional Assessment Committees of Social Security
Social Security Regional Assessment Board
1. decides
(a) increasing the pension (education) for helplessness,
(b) at the initiative of the Medical Advisory Board on whether a worker (cooperative) unable to work for a disease or accident for at least 3 months to whom the sick leave belongs and who has not applied for an invalidity pension (partial invalidity) or if such an application has not been granted, is wholly (partly) disabled;
(c) the need for a permanent transfer of a worker to another job, if the opinion board has ascertained, in the context of deciding on pension benefits or deciding that he is a citizen with a altered working capacity, that the worker has ceased to be able to continue to work or is unable to do so in respect of an occupational disease or a threat to that disease due to his health status; the previous provision does not apply to members of the armed forces and the Security Corps;
(d) whether they are citizens with altered working capacity;
(e) on the exceptional advantages of citizens permanently severely injured;
(f) the spa care of non-working pensioners, members of single agricultural cooperatives and their family members, as well as family members of writers, musical composers, artists, architects, scientists, performers and artists, with the exception of diseases for which spa care is authorised directly by the public health authorities;
(g) whether the employment of the I (II) working category or the work of the II work category has been terminated for health reasons;
2. issue an assessment of full (partial) invalidity in proceedings concerning social security benefits dependent on long-term unfavourable health conditions, in so far as the cases referred to in point 1 (b) are concerned, and address other health issues relating to the implementation of social security;
3. Suggests
(a) measures to prevent invalidity and to eliminate the consequences of invalidity to the competent authorities;
(b) the receiving committee set up by a training course, centre or other establishment of the national committee for citizens with altered working capacity for admission to vocational training;
(c) the relevant pension scheme of the worker (cooperative), whose long-term unfavourable health situation is significantly hampered by the general living conditions, even if his earnings (income from work) have not fallen significantly;
4.
(a) provision of sick leave after the end of the period of support;
(b) the measures to restore the working capacity of the assessed, the suitability of its further treatment or the measures of appropriate aids and the appropriate adjustment of working conditions;
(c) appropriate employment and training for citizens with altered capacity for work with regard to their health status and qualifications;
(d) the placement of citizens with reduced work capacity in disabled cooperatives for citizens with reduced work capacity with more severe health damage and special workshops (workplaces);
5. Supervises whether the establishments (cooperatives) carry out a responsible selection of jobs for citizens with altered working capacity and co-operate in the selection;
6. Observes whether training for the profession, employment (work), working conditions and the environment do not adversely affect the health of working citizens with altered working capacity and do not need further assistance. '
9. Paragraph 15 becomes Article 8 and reads:
The scope of the district dose committees
(1) The County Batch Committee shall decide on the matters referred to in Article 2, except for decisions
- increasing the pension for helplessness,
- the termination of employment of category I (II) or the termination of employment of category II, if there are serious reasons other than health reasons,
- counting the period of activity in single agricultural cooperatives between 1 October 1948 and 31 December 1956 for women who have worked there permanently without their members or who have not been insured in retirement.
(2) The County Batch Committee further decides:
(a) social income (nurseries);
(b) increasing certain low pensions in accordance with specific rules;
(c) the adjustment of pensions for certain sentenced persons and the adjustment of pensions for survivors;
(d) the obligation on the pensioner to repay the pension benefit (insurance) provided by an unjustly or at a higher rate than that due to it and the obligation on the establishment (cooperative) to make good the damage caused by the incorrect payment of the pension if the decision on such a benefit falls within the competence of the national committee;
(e) the removal of the hardships that would arise in the provision of sickness, maternity and child security benefits and the security of members of the families of the armed forces.
(3) In addition, the County Dose Commission
1. decide on appeals against decisions of the Social Commission of the Single Agricultural Cooperative Group or the Local (Urban) National Committee on cash benefits in sickness and security for the mother and child and on appeals against decisions of the Municipal National Committee on social income (education);
2. Suggests that the relevant pension scheme should:
(a) account for periods of employment in contentious cases;
(b) the provisions on social security provisions on the elimination of hardness have been applied in specific cases;
(c) increase the invalidity pension to 600 CZK per month if the pension is the sole source of nutrition for the pensioner and his family;
(d) raise the lowest rate of old-age or invalidity pension above 90% of the average monthly earnings (pay for work) if the pension is the sole source of nutrition for the pensioner and his family. "
10. Paragraph 16 to 18 shall be deleted.
11. Paragraph 19 shall become Article 9 and read:
Scope of administrative commissions set up by the Regional National Committees
(1) The Regional Assessment Board of Social Security and the Regional Benefit Board decide on appeals against decisions similar to those of the District National Committee, provided that those commissions have taken decisions at level I and that they are not a decision that is merely the basis of the decision of the competent Pension Service.
(2) In particular, the Regional Assessment Committee on Social Security
(a) propose to the competent authorities measures to prevent invalidity and to eliminate its consequences on the basis of an analysis of the development of disability and the causes of invalidity;
(b) express its views on health issues relating to the implementation of social security;
(c) submit an expert opinion in court proceedings concerning pension insurance (insurance) and administrative appeal proceedings where the contested decision has been given on the basis of an opinion of the district social security assessment committee. "
12. Paragraph 20 is renumbered Article 10 and the headings read as follows:
Specific management rules
For the relevant Pension Management, the person responsible for the Social Security Section of the Regional National Committee shall act before the court in a procedure for reviewing the pension decisions. ';
13. Paragraph 21, including the headings, shall be deleted.
14. In paragraph 3, the words "where appropriate 'shall be inserted before the words" investigate the subject again'.
15. Paragraph 23 shall become Article 12 and read:
(1) The Administrative Commission shall act by a simple majority of the members present.
(2) If the decision of the Batch Board also depends on the resolution of issues falling within the competence of the Social Security Assessment Board, the Batch Board shall be bound by the decision or, where appropriate, by the opinion (expression, recommendation) of the Social Security Assessment Board; If such a decision or opinion (observations, recommendations) has not yet been issued, they must be proposed. ';
16. Paragraph 24 is renumbered Article 13 and reads:
(1) The party to the proceedings should, as far as possible, be present at the hearing of the Social Security Assessment Board.
(2) Where the national committee authority issues a written copy of the social security decision to a party, it shall send it to the party and to the authority responsible for implementing the decision no later than 3 days after the decision.
(3) Members of administrative commissions and officials invited to discuss individual cases in these commissions are required to remain silent about the circumstances of the medical and service matters which they have learned in connection with the performance of their duties. "
17. Paragraph 25 is renumbered Article 14.
In paragraph 2 (b) (3) and (6), the term "establishment (s) of the Czechoslovak Union of Disabled Persons' shall be replaced by the term" cooperative (s) of the Disabled Persons (s) for citizens with altered working capacity with more severe health impairment '; in point 6, the quotation in brackets is deleted.
18. Paragraphs 26 and 27, including the headings, are renumbered paragraphs 15 and 16.
(1) Where reference is made in Decree No 108 / 1964 Coll. or in other social security regulations to narrower assessment and benefit committees, this is understood to mean the Administrative Commission for Assessment and Benefit.
(2) Where, in Decree No 108 / 1964 Coll. or in other social security provisions, the Commission's opinion on whether a worker (a cooperative) is wholly (partly) disabled, this means, for the purposes of social security, the issuing of assessments of full (partial) invalidity, except in cases where the panel decides on the initiative of the medical advisory board if the worker (a cooperative) unable to work for the disease or accident for at least 3 months to which the sick leave belongs, has not applied for an invalidity pension (partial disability) or has not been granted such a claim. *)
National committees will be set up by evaluation committees in accordance with this decree (Articles I (5) and (6)) only after the end of the running parliamentary term; in the meantime, the evaluation committee is in its current composition, but the chairman of the evaluation committee may also be represented by the head doctor of the social security assessment service.
This decree shall take effect on the day of its publication.
Minister:
Štancež v. r.
*) on the provision of spa treatment to writers, music composers, artists, architects, scientists, performers and artists recognized by the relevant top idea organisation, if they are compulsorily insured, the evaluation committee set up by the Chairman's instructions will decide. State Social Security Office (instruction No 5 / 1966 published in the amount of 14 / 1966 SÚSZ Bulletin and registered in the amount of 37 / 1966 Coll.).
*) § 122 (b) of Decree No. 102 / 1964 Coll., implementing the Social Security Act, Decree No. 76 / 1957 Ú. l., on the transition from incapacity to invalidity (partial invalidity), and § 16 (1) (b) of Decree No. 104 / 1964 Coll., implementing the Social Security Act of cooperative peasants.
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Regulation Information
| Citation | Decree of the Ministry of Labour and Social Affairs No. 78 / 1968 Coll., amending and supplementing Decree No. 108 / 1964 Coll., on the jurisdiction of national committees in social security matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.06.1968 |
|---|---|
| Effective from | 24.06.1968 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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