And The Special Contribution That Miners

Original Language Title: A Special Contribution To Miners

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=37445&nr=98~2F1987~20Sb.&ft=txt

98/1987 Coll.



LAW



of 15 July. December 1987



on the special contribution of the miners



Change: 1/1989 Coll.



Change: 160/1989 Coll.



Change: 258/2000 Coll.



Change: 264/2006 Sb.



Change: 306/2008 Sb.



The Federal Assembly of the Czechoslovak Socialist Republic is resolved

to this Act:



§ 1



Mining organizations are working in the mining industry to mitigate the

physical and social consequences associated with the change of the employment or with

the release for the performance of public functions as a social benefit special

the contribution of the miners (hereinafter referred to as the "special contribution").



The conditions of entitlement



§ 2



(1) the special contribution, which is working to achieve

the highest permissible exposure or threats of occupational diseases from

the existing employment and work categories in the mining industry to the Standing

workplace in deep mines ^ 1)



and) has been converted to other, less risky, working in the underground of the deep-sea

down,



(b)) was transferred to another job outside the underground of underground mines, or



(c) the employment relationship) ended to the Organization, in which the exercise of the said

employment.



(2) entitlement to the special allowance is also working, which after reaching

the highest permissible exposure or threat detection of occupational diseases

He was from employment referred to in paragraph 1 released for public performance

function.



(3) entitlement to the special allowance is also working, who was employed

a total of at least 15 years of employment referred to in paragraph 1, in

his duration at least 50 years of age and no longer is exercise.



(4) entitlement to a special allowance also has working, due to

the implementation of the reduction programme approved the appropriate government



and he walked from work) referred to in paragraph 1, in which he was employed

a total of more than three years, to work outside the underground deep down,



(b)), from another job working in the mining category.

carried out under the ground in deep mines, ^ 2) in which it was employed

a total of at least five years into the job, out of which shall be entitled to

special contribution, or



(c)) from employment and passed. the working category when editing and the final

the processing of uranium ore, ^ 3) in which it was employed for at least five years, to the

employment, which does not qualify for a special allowance.



§ 3



(1) the special contribution does not belong, if



and working) pays old-age pension or invalidity pension for

disability of the third degree, and in the case of the special allowance referred to in section 2 of the

paragraph. 1 to 3, also, if he be paid in higher or the same amount

disability pension for disability of the first or second degree,



(b) be paid to the Organization of the working wage) settlement ^ 4) or a supplement to the

average earnings ^ 5); However, the extra charge in addition to the payroll

compensation or supplement to average earnings, if it already

working on the date of receipt of the claim to pay compensation or supplement

to average earnings,



(c)) is not employed for more than two months; by this time, the

shall, after which a variety of paid sick leave or after

which is kept in the records of the National Committee as a candidate for employment;

for employment are considered the founding work participation in the

retirement security



(d))



1. carries out a risk again work in the employment referred to in section 2 (2). 1,

as regards the specific contribution referred to in section 2 (2). 1 or 2,



2. is employed in the employment referred to in section 2 (2). 1, if the Special

post under section 2 (2). 4 (b). and)



3. is employed in a job from which entitlement to special

the contribution, if the specific contribution referred to in section 2 (2). 3 or § 2 (2).

4 (b). (b)), or (c)),



e) has reached the age of 60.



(2) for the job is considered the founding work participation in the

social security.



§ 4



(1) the maximum exposure for the work on individual workplaces

underground deep down provides for the decision of the competent authority of the protection

public health. The classification of work into risk categories and tracking

the exposure of individual workers in underground deep

down the Organization shall be carried out under this decision.



(2) the Less risky work in underground deep down means the work,



and according to the decision) which is the competent authority, the protection of public

health included in the category of work not exceeding the low risk

If the convert to achieve maximum exposure, or



(b)) in which working is not exposed to the risk that led to the threat

occupational disease, if the transfer for the threats of occupational diseases for

the basis of the medical opinion of the competent authority of the State of health of the administration.



(3) the Employment outside the underground deep down means the other employment,

than the job. work category in the mining industry to the Standing

workplace in deep mines ^ 1) and the other job.

working in the mining category performed below ground in the deep sea

mines. ^ 2)



(4) Employment included in the work category for the purposes of

the provision of special allowance under the conditions laid down shall be evaluated by

provisions on social security. ^ 6)



§ 5



The amount and duration of the special allowance



(1) the amount of the special allowance, unless provided otherwise below,



and Czech Crowns per month, 1900)



(b) the Czech Crowns per month, 1500) in the cases referred to in § 2 (2). 1 (a). and).



(2) a variety referred to in § 2 (2). 4 (b). and) provides special

contribution in the amount of Czk per month for 1900



and three months if) he was employed a total of less than five years in

employment referred to in section 2 (2). 1,



(b)) six months, if he was employed a total of five years in the job

referred to in section 2 (2). 1; duration of the special contribution shall

extended for three months for each additional year of employment, from which it arises

entitled to the special allowance, but not more than 30 months.



(3) a variety referred to in § 2 (2). 4 (b). and), which was, at the date

the transition to another job rubačem, lamačem, razičem or hlubičem,

provides a special contribution in the amount of Czk per month for 1900



and five months if) he was employed a total of less than five years in

employment referred to in section 2 (2). 1,



(b)) 16 months if he was employed a total of five years in the job

referred to in section 2 (2). 1; duration of the special contribution shall

extended for three months for each additional year of employment, from which it arises

entitled to the special allowance, but not more than 30 months.



(4) a variety referred to in § 2 (2). 4 (b). (b)), and (c)) provides

Special allowance in the amount of 1500 Czk per month for three months,

If he was employed a total of five years in the job, from which it arises

entitled to the special allowance; duration of the special contribution shall

extended for three months for each additional year of employment, from which it arises

entitled to the special allowance, but not more than 30 months.



(5) if the special allowance belongs to the next to pay compensation or

Supplement to average earnings, unchanged.



(6) where it belongs next to the special contribution of the invalidity pension for

disability of the first or second degree, in the amount of



and) difference between the two benefits, with respect to the specific contribution referred to in section 2 of the

paragraph. 1 to 3,



(b)) one half, in the case of the special allowance referred to in section 2 (2). 4.



(7) If it meets the conditions of entitlement to workers a special contribution,

where appropriate, on his paycheck, only part of the month, or if the amount of the

the special allowance during the month is changed, the amount referred to in

the previous paragraphs is fairly adjusted; While the daily amount

the special allowance is one třicetinu of the relevant monthly amounts and the

the resulting amount shall be rounded to the whole of the Crown up.



(8) the Government of the Czechoslovak Socialist Republic, by regulation, increase

the monthly amount of the special allowance depending on the changes that

occurred in the development of the wage levels or in the amount of pension benefits

Security.



§ 6



Claim



(1) shall be entitled to special allowance applies in writing to the working applications

the Organization, in which the last exercise before the change or termination

employment under section 2 of the employment from which the claim arises on the social

dose.



(2) the Organization shall, within two months after receipt of the request, delivered to the

your own hands the applicant written notification of whether he was special

granted or not; before the consideration of the application is required to

to obtain all the necessary documents.



(3) the notification of the granting organization, the special contribution shall contain

the figure, from when the special allowance, the amount of the grants, the reasons for the award of

and the maturity date, and if the specific contribution referred to in section 2 (2). 4, also

for its provision; notification of refusal of the special contribution shall

include the reasons why the special contribution does not belong. The notification must always

include lessons learned about the possibility of going to court.



section 7 of the



Changes in the provision of special allowance
If the void on the special allowance, where applicable, on the payment of

or a special supplement in the amount of the other belongs, is an organization required to

two months from the date when this fact is found to deliver the beneficiaries

the special contribution into your own hands a written notification about when

and the reasons for the special contribution does not belong, not or belongs

in the other; the provisions of § 6 paragraph 3 of the second sentence applies here as well.



§ 8



Payment of the



(1) the special contribution shall be paid to the organization referred to in section 6 (1). 1 month

behind.



(2) in the overlapping of special allowance under section 2 (2). 1 to 3 and

the specific contribution referred to in section 2 (2). 4 the specific contribution referred to in section 2 of the

paragraph. 4 shall be paid in the amount of one half of the amounts listed in section 5 (3). 2

up to 4. When overlapping claims on the special contributions referred to in § 2 (2). 4

pay a special contribution, on which entitlement; time

the provision of an additional special contribution is running out of time, after which the

He insisted overlapping claims.



(3) the special contribution shall be paid for the period of stay authorized in

abroad. After returning from abroad, the special allowance payable, up to a maximum

for a period of one year from the day when the true return from abroad shall notify the

the organization.



(4) the special contribution is not taxable.



Rights and obligations of the



§ 9



If the organization referred to in section 6 (1). 1, pass

the obligations laid down in this law for its legal successor; If he does not

it, pass these obligations to the Organization, designated by the competent

the central authority.



§ 10



(1) shall be entitled to special allowance cannot be forwarded.



(2) If an authorized Died, the entitlement to the amount of the special allowance

belonging to the day his death gradually the wife, children and parents, if

they lived with working at the time of his death in the household; condition

common household may not be true for children, who are entitled to

the orphan's pension. The subject of heritage listed amounts become, if not

These persons.



Limitation period



§ 11



(1) the right to a special post with nepromlčuje.



(2) entitlement to a single instalment of the special contribution to promlčuje in

one year from the date of its maturity.



(3) if the special surcharge is applied after a period longer

one year from the date of the claim, the individual instalments

the special allowance for the maximum period of one year before the date of submission of the

applications for the organization.



(4) the limitation period running from the date of submission of the application for the Organization

until the day when the notice of grant or refusal

the special allowance, to a maximum period of two months.



§ 12



The claim of the Organization on the return of each special allowance payments

provided by wrongly or in the wrong amount of the promlčuje in three

years from the date when the organization found that a special post was

wrongly paid out or in the wrong amount, no later than ten years from the

his payout.



section 13



Obligations of the poživatelů and organizations



(1) the person entitled to the special allowance is required to notify the organization that

his special contribution shall be paid, within eight days of changes in the facts

decisive for the duration of entitlement to special allowance, the amount and payment

(section 3, 5 and § 8 paragraph 2 and 3). If you fail to comply with this obligation or

otherwise knowingly causes the special allowance was paid to wrongly or

in the wrong amount, is required to a specific post or part of the return

the date from which the nenáležel at all, or he belonged in a lower amount of;

If a claim on a specific post, is obliged to report

the Organization, for which the claim applies, and the fact that he receives

special contribution from another organization.



(2) the organization is obliged to keep records of facts relevant for the

entitled to the special allowance, the amount of the payment, and it is about time and the type of

employment, the exposure, the transfer to a different job, the end of the

employment and the release for the performance of public functions, and on demand

working, where appropriate, the other organisations about these facts expose

confirmation.



§ 14



The power to arbitrate disputes



Disputes about claims of this law, the courts decide. The proposal may true

for the Court to exercise just will not admit him to the special contribution of the organisation,

If you do not agree with the notice of the Organization on the date of the claim, its amount and the

the time of granting, repayment, amendment or dissolution or if he does not deliver

Organization of the notification of the granting or refusal of the claim within two months from the

the date on which it was served by a request for a specific post.



§ 15



The entrance to the facility of the Organization



Officials of the Federal Ministry of labour and Social Affairs and the

the health ministries of the republics are entitled to enter into

the equipment of the Organization and in conjunction with the authorised personnel of the competent

the central authority and the competent authority to examine the implementation of the trade

the obligations imposed by this law.



Transitional and final provisions



section 16 of the



Special allowance under this Act, if the conditions for

his returns have been met after 31 December 2006. December 1987.



§ 17



(1) the special contributions provided by workers in accordance with national committees

provisions in force before 1 May 2004. January 1988 ^ 7), which takes the date of the claim

the effectiveness of this law, shall be construed as the special contributions referred to in this

the law. The amounts referred to in section 5 shall, at the request of the working and adjusted for

the conditions laid down by this law will continue to pay the Organization

Working last pursued employment referred to in section 2 (2). 1. Mutatis mutandis

in cases where the specific contribution of the miners is not on the date of

the effectiveness of this Act be paid only with regard to the amount of attributable

earnings.



(2) the request for an adjustment of the amount of special allowances granted under the laws of the

valid from 1. January 1988 ^ 7) shall be accompanied by a confirmation of the national

the Committee, which has not yet paid the special contribution of claim on him and on the

its amount.



(3) claims for special benefits, which arose under the legislation in force

before the 1. 7 January 1988), ^ but not to the effective date of this law

granted, it is necessary to apply to the competent national committees under the conditions

laid down in the provisions in force before 1 May 2004. January 1988 at the latest by 31 December 2005.

December 1988. After the entitlement to proceed in accordance with previous

paragraphs.



§ 17a



For the purposes of compensation for damage caused by an accident at work or occupational disease

the profession is the specific contribution referred to in section 2 (2). 4 shall be disregarded.



section 18



cancelled



§ 19



This law shall enter into force on 1 January 2005. January 1988.



Note that if:p are claims under this law conditional upon inclusion in the I.

a working category for purposes of retirement security, is evaluated for

the purpose of this regulation after 31 December 2006. May 1992 in such employment under

social security provisions in force on 31 December 1996. in May 1992, when

such employment was included in the category of work to this day.

(Article. IV of Act No. 235/1992 Sb.).



1) section 14 (a). and Act No. 100)/1988 Coll., on social security.



Annex No 2 of the regulation of the Government of the CZECHOSLOVAK SOCIALIST REPUBLIC No. 117/1988 Coll., on spool

employment to the I and II. a working category for purposes of pension

Security.



§ 14 paragraph 2). 2 (a). (b)) of the Act on social security.



section 14, paragraph 3). 2 (a). h) of the Act on social security.



4) § 10 of the Decree of the Federal Ministry of labour and Social Affairs, no.

102/1987 Coll., on the work of the application and the material security of workers in the

mining permanently unfit for current work.



section 115, paragraph 5). 7 of the labour code. § 10 (1). 6 of Decree No. 102/1987 Coll.



6) § 14, § 8, paragraph 15. 2 through 5 and section 16 of the Act on social security.



Regulation of the Government of the CZECHOSLOVAK SOCIALIST REPUBLIC No. 117/1988 Coll.



Decree of the Federal Ministry of 7) labour and Social Affairs No.

129/1979 on the application of the work and material security of workers in the

mining permanently unfit for current work, as amended by decrees no.

21/1982 Coll. and no 145/1982 Coll. and Act No. 62/1983, Coll., on loyalty

the addition of the miners.



The yield of the Federal Ministry of labour and Social Affairs of 3 April.

July 1970, ref. (F) 1/1/70-662-1142 on measures to deepen the tangible

and social security released and transferred workers in

mining.



The yield of the Ministry of labour and Social Affairs and the Ministry of mining

acquisition cost. No 9/1968 on measures to enhance physical and social

Security released and transferred workers in the mining industry (reg.

the amount of 45/1968 Coll.).