Act No. 89 / 1952 Coll.
Law on pension arrangements for members of the armed forces
Valid
Effective from 01.01.1953
89.
Law
of 12 December 1952
on pension arrangements for members of the armed forces.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Basic provisions.
The People's Democratic Republic shall provide retirement care for members of the armed forces who have left an active service for old age or incapacity for work caused by health damage; it shall also provide for their family members when they are unable to work, unprovided or have reached a certain age.
Personal scope of the law.
This law shall apply to members of the armed forces of the profession, to officers of the basic service and in advance and to members of their families.
Benefits of pension arrangements.
(1) The pension scheme consists of:
(a) pensions;
(b) social benefits;
(c) accident benefits.
(2) Pensions are, according to their nature, divided into:
(a) retirement pension;
(b) invalidity pension,
(c) provision pension.
(3) The pension will be provided to members of the armed forces who have left the active service for old age; disabled persons who have left active duty due to health damage during active duty; a provision pension will be provided to family members.
(4) As regular social benefits, education and pension increases for helplessness are provided, such as occasional maintenance allowances and death grants.
(5) Accident doses are provided in exceptional cases caused by special hazards of service (injury, death as a result of injury or injury).
(1) The conditions governing the entitlement to pensions and the amount of pensions are laid down by the Minister responsible, in particular, according to the period to be counted, the degree of invalidity and the context of the invalidity of the pension in the armed forces, the provision pensions and the number of members of the family, their incapacity for work and insecurity. It also lays down the conditions governing the assessment of insecurity and incapacity for the work of family members.
(2) The amount of pensions is fixed as a percentage of the pension base. The pension is based on:
(a) in the case of professional petty officers,
(b) for officers, the sum of the functional and value salary;
which were last in active service.
(3) The pension base shall not be lower than the average of the service or the sum of the functional and value salary for the last three years of the service which has been in operation after 31 December 1952. For officers of the basic service, the pension basis shall be determined by the competent minister.
The Minister responsible shall lay down the conditions under which entitlement to social benefits shall be granted. It shall also lay down the conditions under which accident benefits are granted, including to members of the armed forces not mentioned in Section 2.
Limitation of pension rights.
(1) Entitlements for pensions and periodic social benefits are limited in 10 years, occasional social benefits in three years, in both cases from the date on which the entitlement was established.
(2) Each monthly allowance shall be limited in one year from the date of the entitlement.
Retiring.
(1) If a retirement or provision pension is established under this Act with an old-age or invalidity pension under the National Insurance Act, it is paid in full and the old-age or invalidity pension is reduced in accordance with the provisions of the National Insurance Act.
(2) If the invalidity pension is established under this Invalidity Pension Act under the National Insurance Act or the provision pension under this Law with a widow's or orphan's pension under the National Insurance Act, the pensions under this Law are paid in full. National insurance shall pay only the difference by which the national insurance pension exceeds 75% of the pension under this law. If 75% of the pension under this law is equal to or higher than the pension under the National Insurance Act, the entitlement to the national insurance pension shall cease.
(3) If the recipient of the provision pension is also entitled to other pensions under this Act or under Act No. 164 / 1946 Coll., care for military and war damages and victims of war and fascist persecution, the annual provision pension shall be reduced by half of the amount exceeding CZK 48.000, but not more than half of the provision pension under this Act.
(1) If the pensioner has earnings, the pensions, with the exceptions referred to in paragraph 2, shall be reduced by the amount by which the sum of the pension and earnings exceed the pension base on which the pension was paid but not more than half the earnings; the pension may not be reduced by more than half.
(2) Reinsurance pensions are not subject to any reduction. Recoverable and invalidity pensions are not subject to any reduction if their beneficiaries:
(a) have reached the age specified for the termination of the obligation; or
(b) they have reached a deductible period of 35 years; or
(c) are at least 50% of the disabled.
Transitional and final provisions.
(1) Pensions from public pension schemes which have been entitled before the application of this Act remain unaffected and are considered to be pensions under this Act; in the case of pensioners from members of the armed forces subject to the Ministry of National Security and from members of the Prison Guard Corps, they shall be treated as pensions under the National Insurance Act.
(2) Entitlements for provision pensions derived from the pensions referred to in paragraph 1 which arose after 31 December 1952 shall be assessed under this law; However, the amount of these provision pensions shall be determined in accordance with the provisions in force before the application of this law.
(3) Details shall be provided by the Minister responsible.
The persons referred to in § 2 shall not be subject to the provisions of Act No. 76 / 1922 Coll., on Military Benefits of Providing, and Act No. 153 / 1923 Coll., which regulate certain service conditions of the gendarmerie and certain gendarmerie benefits, in particular rest and provision, generally as amended by the legislation is changing and complementary, and other provisions which contravene that law.
This Act shall take effect on 1 January 1953; It shall be implemented by national defence, national security and home affairs ministers in agreement with participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Maj-Gen Dr. Čepice v. r.
Maj-Gen Bacílek v. r.
Nosek v. r.
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Regulation Information
| Citation | Act No. 89 / 1952 Coll., on pension arrangements for members of the armed forces |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.1952 |
|---|---|
| Effective from | 01.01.1953 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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