Decree No. 78 / 1982 Coll.
Decree of the Federal Ministry of Labour and Social Affairs on Amendments to Decree No. 128 / 1975 Coll., implementing the Social Security Act, as amended
Valid
Effective from 01.07.1982
78
DECLARATION
Federal Ministry of Labour and Social Affairs
of 25 June 1982
on amendments to Decree No. 128 / 1975 Coll., implementing the Social Security Act, as amended
The Federal Ministry of Labour and Social Affairs shall provide for social security, as amended by Act No. 150 / 1979 Coll., and Act No. 73 / 1982 Coll.
Decree No. 128 / 1975 Coll., implementing the Social Security Act, as amended by Decree No. 108 / 1979 Coll., No. 164 / 1979 Coll. and No. 15 / 1982 Coll., is amended as follows:
1. Paragraph 11, including the title, reads:
"Working categories
Article 12 and 13 (4) of the Act
(1) If the employment interruption of the first (II) working category has not been valid for more than five years, the period of employment of the first (II) working category shall be counted before the interruption for the pension from the first (II) working category, only if the worker was reemployed in the first (II) working category for at least three years until the date of the pension entitlement; However, this does not apply if the worker has obtained a total of at least 10 years in the employment referred to in § 12 (1) (a) No 1 of the law in the uranium mines or has become fully (partly) disabled as a result of an accident at work.
(2) There has been a change in (termination) employment of I (II) working category for workers who
(a) have been employed in the first working category for at least 10 years in the extraction, exploration, treatment and final processing of uranium ore or other radioactive materials; or
(b) have been employed for at least 15 years referred to in § 12 (1) (a) No 2 of the Act and have been released (transferred) for the reasons set out in § 46 (1) (a) to (d) of the Labour Code; or
(c) have been released (transferred) from employment I (II) of the working category in connection with the rationalisation or organisational measures referred to in § 2 (a) and have obtained at least 20 years of employment I (II) of the working category at the date of release (transfer);
the change (termination) of employment I (II) of the working category is deemed to be an interruption of employment for serious reasons and it is assumed that the serious reason which led to the change (termination) of employment lasts until the pension entitlement is established.
(3) The two-year withdrawal period (Paragraph 13 (3) of the Act) after the end of employment of the first (II) working category is extended by the period for which the worker has benefited from an invalidity pension (partial disability), a pension for the service of years or a partial pension for the service of years. the duration of these pensions shall not be taken into account when assessing whether the interruption of employment of the first (II) working category took more than five years.
(4) The period of service in the armed forces included in I (II) category of functions is assessed as the period of employment in I (II) category of work.
(5) If workers were not employed in I (II) the working category throughout the period needed to obtain benefits from this working category, the period of employment in that working category shall be counted as the period of employment in the lowest working category. This applies mutatis mutandis to the calculation of employment periods of the first working category with different pension entitlement conditions. '
2. the following paragraph 4 shall be added to Article 13:
"(4) The period of performance of the functions referred to in the preceding paragraphs shall not be counted as the period of employment referred to in § 12 (1) (a) of the Act; The term of office shall be counted as the period of employment referred to in Article 12 (1) (a) (2) of the Act. ';
3. in Article 14 (1) (c) No 6, the words "Article 14 (4)" shall be replaced by the words "Article 14 (5)."
4. Article 15 (6) reads as follows:
"(6) For the period from which the average monthly earnings of the worker are calculated
- released or transferred in connection with the implementation of structural changes in the national economy, the disposal of inefficient operations, the reduction of the administrative and management apparatus and other rationalisation or organisational measures, 60); or
- released or transferred from the employment referred to in § 12 (1) (a) No 1 and 2 of the Act for permanent incapacity to work so far for health reasons [§ 46 (1) (d) of the Labour Code],
the period of 10 (5) calendar years before the year in which the release (transfer) took place shall be determined at his request, if this is more favourable to him. ';
5. in Articles 20 (1), 66 (3), 89 (3) and 92 (1), "Article 14 (4)" is replaced by "Article 14 (5)."
6. In Paragraph 157 (1), the following words are added at the end of the semicolon: "In doing so, the work in mining with a permanent place of work under the ground in deep mines shall be particularly marked."
This Decree shall take effect on 1 July 1982.
Minister:
Štancež v. r.
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Regulation Information
| Citation | Decree No. 78 / 1982 Coll., amending Decree No. 128 / 1975 Coll., implementing the Social Security Act, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.1982 |
|---|---|
| Effective from | 01.07.1982 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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