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.).
