Act No. 98 / 1987 Coll.
Law on special contributions to miners
Valid
Effective from 01.01.1988
98
THE LAW
of 15 December 1987
on a special contribution to miners
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Mining organisations shall provide a special contribution to miners (hereinafter referred to as the "special contribution ') to mitigate the material and social consequences of the change in employment or the release for public office as a social benefit.
Conditions of entitlement
(1) In order to achieve the maximum allowable exposure or threat to occupational diseases from the previous employment of the first working category in mining with a permanent place of work under the ground in deep-sea mines (1), workers are entitled to a special allowance.
(a) has been transferred to another, less risky, work in underground deep mines;
(b) has been transferred to other work outside the underground of deep-sea mines; or
(c) he has terminated his employment relationship with the organisation in which he was engaged.
(2) A worker shall also be entitled to a special allowance, which has been released from the employment referred to in paragraph 1 for public office after reaching the maximum permissible exposure or the risk of occupational diseases.
(3) A worker who has been employed for at least 15 years in the employment referred to in paragraph 1 shall also be entitled to a special allowance and has reached at least 50 years of age and has ceased to pursue it.
(4) Entitlement to the special allowance shall also be granted to workers who, on account of the implementation of a phasing-out programme approved by the competent government,
(a) transferred from the employment referred to in paragraph 1, in which he has been employed for a total of more than three years, to employment outside the underground of deep-sea mines;
(b) transferred from another category I job in mining carried out under the ground in deep-sea mines, (2) in which he was employed for a total of at least five years, to a job from which no special allowance is due; or
(c) transferred from employment in the first working category in the treatment and final processing of uranium ore, (3) in which he was employed for a total of at least five years, to a job from which there is no entitlement to a special allowance.
The special contribution shall not apply if:
(a) an old-age pension or an invalidity pension for an invalidity of the third degree shall be paid to the worker and, if a special allowance is granted in accordance with § 2 (1) to (3), also if it is paid at a higher or equal rate of the invalidity pension for an invalidity of the first or second degree;
(b) to the worker, the organisation shall pay the wage compensation (4) or the supplement up to the average earnings; (5) However, in addition to the wage compensation or the supplement up to the average earnings, the special allowance shall be payable when the worker receives it on the date on which the entitlement to the wage compensation or the supplement is incurred up to the average earnings;
(c) the worker is not employed for a period of two months; until that time, the period during which sickness payments are paid to the worker or in which he is kept on the national committee record as a candidate for employment shall not be counted; the employment shall be considered as a work activity establishing a pension scheme;
(d) working
1. re-perform the risk work at work referred to in Article 2 (1) if it is for a specific contribution under Article 2 (1) or (2);
2. is employed in the employment referred to in Article 2 (1), if there is a special allowance under Article 2 (4) (a);
3. is employed in a job entitled to a special allowance if it is for a special allowance pursuant to § 2 (3) or § 2 (4) (b) or (c);
(e) the worker has reached the age of 60.
(1) The maximum permissible exposure for work in individual workplaces in underground mines is determined by decision by the competent public health authority. The classification of work into risk categories and the monitoring of exposure to individual workers in underground mines shall be carried out by organisations under this Decision.
(2) Less risky work in underground deep mines means work,
(a) which, according to the decision of the competent public health authority, is classified in a category of works not exceeding a low level of risk when transferring to achieve the maximum permissible exposure; or
(b) where the worker is not exposed to the risk which has led to the risk of occupational diseases, if it is to be transferred for the risk of occupational diseases on the basis of a medical opinion from the competent authority of the state health administration.
(3) Employment outside the underground of deep mines means employment other than those of the first working category in mining with a permanent place of work under the ground in deep mines 1) and other employment of the first working category in mining carried out under the ground in deep mines .2)
(4) Employment in the first working category shall be evaluated under the conditions laid down in the social security rules for the purpose of providing a specific contribution. 6)
Amount and duration of the special contribution
(1) The amount of the specific contribution shall be, unless otherwise specified,
(a) 1900 CZK per month,
(b) 1500 CZK per month in the cases referred to in Article 2 (1) (a).
(2) The worker referred to in § 2 (4) (a) shall be granted a special allowance of 1900 CZK per month for the period of:
(a) three months if he has been employed for a total of less than five years in the employment referred to in Article 2 (1);
(b) six months if he has been employed for a total of five years in the employment referred to in Article 2 (1); the duration of the special allowance shall be extended by three months for each additional year of employment from which the special allowance is entitled, but not more than 30 months.
(3) The worker referred to in Paragraph 2 (4) (a), who was a shrubber, breaker, raiser or dimmer on the date of his transfer to another employment, shall be granted a special allowance of 1900 CZK per month for the period of:
(a) five months if he has been employed for a total of less than five years in the employment referred to in Article 2 (1);
(b) 16 months if he has been employed for a total of five years in the employment referred to in Article 2 (1); the duration of the special allowance shall be extended by three months for each additional year of employment from which the special allowance is entitled, but not more than 30 months.
(4) A special allowance of CZK 1500 per month shall be granted to the worker referred to in Article 2 (4) (b) and (c) for a period of three months if he has been employed for a total of five years in a job giving rise to a special allowance; the period of grant of the special allowance shall be extended by three months for each subsequent year of employment giving rise to entitlement to the special allowance, but not more than 30 months.
(5) If the special allowance, in addition to the pay compensation or the supplement, falls below the average earnings, it shall be paid in full.
(6) If the special allowance is paid in addition to the invalidity pension for the invalidity of the first or second degree, it shall be granted at the rate of:
(a) the difference between the two levies if they are for the special allowance provided for in Article 2 (1) to (3);
(b) one half if it is for the special allowance provided for in Article 2 (4).
(7) Where the worker fulfils the conditions for entitlement to the special allowance or, where applicable, to its payment, only for part of the month, or where the amount of the special allowance changes during the month, the amounts referred to in the preceding paragraphs shall be adjusted proportionally; the daily amount of the special allowance shall be one-thirtieth of the monthly amount concerned and the resulting amount of the levy shall be rounded up to the nearest crown.
(8) The Government of the Czechoslovak Socialist Republic may, by regulation, increase the monthly amounts of the special allowance, depending on changes in the wage level or the amount of pension benefits.
Application of entitlement
(1) The entitlement to the special allowance is exercised by the worker in writing with the organisation in which he last worked before the change or termination of his employment pursuant to § 2 of the employment entitled to this social benefit.
(2) The organisation shall, within two months of receipt of the request, notify the applicant in writing of whether or not a specific contribution has been granted; it is required to obtain all necessary supporting documents before examining the application.
(3) The notification of the organisation to grant the special contribution shall include an indication from which time the special contribution is granted, its amount, the reasons for the award and the due date, and, if the special contribution is made pursuant to Paragraph 2 (4), its duration; the notification of the non-recognition of the specific contribution shall include reasons why the specific contribution does not belong. The notice shall always contain a lesson in the possibility of recourse to the court.
Changes in the provision of a specific contribution
If the entitlement to the special allowance or, where applicable, to its payment or to the special allowance falls within a different amount, the organisation shall, within two months of the date on which it has established this fact, deliver to the beneficiary of the special allowance in its own hands a written notification of the date on which and for what reasons the special allowance does not belong, is not paid or belonging to another amount; Paragraph 6 (3) of the second sentence also applies here.
Payment
(1) The specific contribution shall be paid by the organisations referred to in Article 6 (1) a month behind.
(2) In the case of the combined entitlement to the special contribution referred to in § 2 (1) to (3) and to the special contribution referred to in § 2 (4), the special contribution referred to in § 2 (4) shall be paid at the rate of one half of the amounts referred to in § 5 (2) to (4). Only the special allowance to which the entitlement has previously been incurred shall be paid when the special allowance referred to in Article 2 (4) is combined; the duration of the additional special contribution shall be reduced by the period for which the combined entitlements lasted.
(3) The special allowance shall not be paid during the stay of the beneficiary abroad. On return from abroad, the special allowance shall be paid but for a maximum period of one year from the date on which the beneficiary notifies the abroad of the organisation.
(4) The special contribution is not subject to tax.
Transfer of rights and obligations
If the organisation referred to in Article 6 (1) ceases to exist, the obligations laid down by this law shall be transferred to its successor in title; if they do not have it, these obligations shall be transferred to an organisation designated by the competent central authority.
(1) The entitlement to the special allowance may not be transferred.
(2) If a beneficiary has died, he / she shall be entitled to the amounts of the special allowance due until the day of his / her death, if he / she lived with the worker at the time of his / her death in the common household; the condition of a common household need not be fulfilled for children who are entitled to an orphan's pension. These amounts shall become the object of the inheritance if they are not.
Limitation
(1) The right to a special allowance shall not be barred.
(2) The entitlement to an individual instalment of the special contribution shall be limited in one year from its due date.
(3) Where entitlement to a special allowance has been claimed after a period of more than one year from the date on which the entitlement is established, the individual instalments of the special allowance shall not exceed one year before the date on which the application was lodged with the organisation concerned.
(4) The limitation period shall not run from the date on which the application is lodged with the organisation concerned until the date on which the notification of the grant or non-award of the special contribution is received, but for a maximum period of two months.
The organisation's entitlement to repayment of individual instalments of the specific contribution granted unjustly or incorrectly shall be limited in three years from the date on which the organisation found that the special contribution had been paid unjustly or at an incorrect rate, no later than 10 years after its payment.
Obligations of beneficiaries and organisations
(1) The beneficiary of the special allowance is obliged to notify the organisation paying him the special allowance within eight days of any change in the facts relevant to the duration of the entitlement to the special allowance, its amount and the payment (Sections 3, 5 and 8 (2) and (3)). If he has failed to fulfil that obligation, or knowingly otherwise has caused the special contribution to be paid unjustly or in an incorrect amount, he shall be obliged to repay the special contribution or part thereof from a date from which it did not belong at all or from which it belonged at a lower rate; where he claims a further special contribution, he shall declare to the organisation for which he applies that entitlement and the fact that he receives a special contribution from another organisation.
(2) The organisation is required to keep records of the facts relevant to the entitlement to the special allowance, its amount and the payment, that is the time and type of employment, the exposure achieved, the transfer to another job, the termination of employment and the release for public office, and, at the request of the worker or other organisation, to issue a certificate of such facts.
Jurisdiction to settle disputes
Disputes about claims under this law are settled by the courts. The application may be lodged in court only if the organisation does not grant it a specific contribution, if it does not agree with the notification of the organisation of the date of the entitlement, its amount and the time of the grant, maturity, modification or termination, or if the organisation does not provide it with notification of the grant or non-entitlement within two months of the date on which the application for the special contribution was received.
Entry into the organisation's facilities
The authorised personnel of the Federal Ministry of Labour and Social Affairs and of the Ministry of Health of the Republic shall be entitled to enter the establishment of the organisation and, in cooperation with the authorised personnel of the Central Authority and the relevant trade union, to verify compliance with the obligations imposed by this Act.
Transitional and final provisions
The special contribution under this Act is applicable if the conditions for granting it have been fulfilled after 31 December 1987.
(1) Special contributions granted by working national committees under the rules in force before 1 January 1988.7) to which entitlement is maintained at the date of application of this Act shall be deemed to be special contributions under this Act. The sums referred to in Article 5 shall be adjusted at the request of the worker and, under the conditions laid down in this Act, shall be further paid by the organisation in which the worker last performed the employment referred to in Article 2 (1). Similarly, where the special contribution of miners is not paid at the date of application of this Act only in respect of the amount of the earnings achieved.
(2) The application for adjustment of the amount of the special contributions granted under the rules in force before 1 January 19887) must be accompanied by a confirmation of the national committee which has still paid the special contribution, its entitlement and its amount.
(3) Entitlements for special allowances incurred under the provisions in force before 1 January 1988.7) but not granted at the date of application of this Act should be applied to the relevant national committees under the conditions laid down in the provisions in force before 1 January 1988 at the latest by 31 December 1988. After entitlement has been granted, the procedure laid down in the preceding paragraphs shall be followed.
For the purposes of compensation for damage caused by accidents at work or occupational diseases, the special allowance referred to in Article 2 (4) shall not be taken into account.
This Law shall take effect on 1 January 1988.
Husák v. r.
Indra v. r.
Strougal v. r.
1) Paragraph 14 (2) (a) of Act No. 100 / 1988 Coll., on Social Security. Annex No. 2 of the Government Order No. 117 / 1988 Coll., on the classification of employment in the first and second categories of work for pension purposes.
2) Paragraph 14 (2) (b) of the Social Security Act.
3) Paragraph 14 (2) (h) of the Social Security Act.
4) Section 10 of Decree No. 102 / 1987 of the Federal Ministry of Labour and Social Affairs Coll., on the employment and physical security of miners permanently unfit for work. Section 12 et seq. of the Federal Ministry of Labour and Social Affairs of 19 December 1989 on the security of workers in organisational changes and citizens before taking up employment.
5) Paragraph 115 (7) of the Labour Code. Paragraph 10 (6) of Decree No 102 / 1987 Coll.
6) Sections 8, 14, 15 paragraphs 2 to 5 and 16 of the Social Security Act. Government Order No. 117 / 1988 Coll.
7) Decree No. 129 / 1979 of the Federal Ministry of Labour and Social Affairs Coll., on the employment and physical security of miners permanently unfit for work, as amended by Decree No. 21 / 1982 Coll., and No. 145 / 1982 Coll. and Act No. 62 / 1983 Coll., on the loyalty allowance of miners. Decree of the Federal Ministry of Labour and Social Affairs of 3 July 1970 No F V / 1-662 / 70- 1142 on measures to deepen the physical and social security of workers released and transferred to mining. Decree of the Ministry of Labour and Social Affairs and the Ministry of Mining No 9 / 1968 on measures to deepen the physical and social security of workers released and transferred in mining (reg. 45 / 1968 Coll.).
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Regulation Information
| Citation | Act No. 98 / 1987 Coll., on a special contribution to miners |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.12.1987 |
|---|---|
| Effective from | 01.01.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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