Valuation To The Participants In The National Struggle For The Liberation Of Czechoslovakia

Original Language Title: valuation participants in the national struggle for the liberation of Czechoslovakia

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=60402&nr=357~2F2005~20Sb.&ft=txt

357/2005 Coll. Law of 19 August 2005 on the valuation of the participants in the national struggle for the liberation of establishment and Czechoslovakia and some survivors, and special contribution to the retirement of certain persons and a lump sum of money that some participants in the national struggle for liberation in the years 1939 and 1945 it and amending certain laws Change : 261/2007 Coll. Change: 108/2009 Coll. Change: 306/2008 Coll. Change: 220/2011 Coll. Change: 458/2011 Coll. The Parliament passed the Act of the Czech Republic: PART ONE AWARD to the PARTICIPANTS of the national struggle for the liberation of establishment and Czechoslovakia and some survivors, Special Pension Benefit certain persons and lump sum monetary Certain Participants in the national struggle for liberation from 1939 to 1945 it CHAPTER ONE AWARDS PARTICIPANTS OF RESISTANCE as well. And (II). WORLD WAR section 1 (1) of This Title shall apply to citizens of the Czech Republic, and who comply with the conditions) set out in section 1 para. 1 or 2 of the Act No. 255/1946 Coll., On Czechoslovak soldiers abroad and some other participants in the National struggle for the liberation and were about issued pursuant this section 8 of this Act, a certificate, or have met the requirements of Act No. 462/1919, Coll. and n., on the conferment of places, as amended by legionnaires Act No. 196/1946 Coll. , and were issued with a certificate of the competent military authority, (b)), and receive a retirement or disability pension for the third degree from the Czech pension insurance ^ 1). (2) The provisions of this Title shall also apply to citizens of the Czech Republic, who for persons referred to in this paragraph 1. and) receive and widow's or widower's pension from the Czech pension insurance ^ 1) or have such a pension is paid only because the other pension paid was more than the total acreage of the highest pensions in accordance with regulations effective before 1 January 1996. (3) This Title shall also apply to the citizens of the Czech Republic, and whose parent) meets the conditions specified in § 1 para. 1 or 2 of the Act No. 255/1946 Coll., was issued in accordance with section 8 of this Act, a certificate, if the parent died, were executed or died in pre-trial detention, imprisonment, concentration camps or detention camps or were violently killed in connection with arrests if the citizen at the date of death of a parent has not attained 18 years of age (hereinafter referred to it as "orphan") (b)), and receive a pension from the Czech pension insurance ^ 1). section 2 (1) the Citizens mentioned in section 1 are entitled and the pension supplement (the "surcharge"). Upon the death of both parents under the conditions specified in § 1. 3 is entitled and a surcharge assessed after each parent separately. (2) The supplement of the old age pension or disability pension for third degree disability is determined for each month of resistance activities reported in the documents mentioned in section 1 para. 1 of CZK 50 per month, but at least the amount of CZK 200 per month. (3) and supplement it vdovskému or vdoveckému, the pension is set at half the amount it referred to in paragraph 2, but at least the amount of CZK 200 per month. (4) and supplement to the orphan's pension is determined by two fifths of the amount referred to in paragraph 2 that, but at least the amount of CZK 200 per month. (5) The amount of the surcharge on income over persons who fell, were executed or died in custody, will, concentration camps or detention camps or were violently killed in connection with the arrests, is the sum of the amounts derived from the length of the resistance movement of the deceased person and the amount of CZK 3.000 and), in the case of a widow or widower , or b) CZK 2.400, in the case of orphans where orphan at the date of death of a parent has not reached the age of 18. (6) the Total time of the resistance movement is additive; While a month means 30 days. (7) In the case of overlapping claims in accordance with paragraphs 2 to 5 of the surcharge paid only one, and the higher or highest; This also applies in the case of overlapping claims two orphan. (8) The fee is not included in income. The payment of the surcharge does not belong to it, and the period during which the not entitled that payment of retirement mentioned in § 1, which is a condition of receiving the claim for an additional fee. The surcharge is paid along with income in the same manner and on the same dates as the pension. The Ministry of Labour and Social Affairs Decree surcharge will increase in the same manner and with the same terms as it increases the percentage of the amount of income under the act governing pension insurance ^ 2). § 3 (1) and the claim for payment of the supplement and its amount shall decide upon the written request of the social security institution responsible for payment to retirement. The application is submitted to the social security scheme mentioned in the first sentence; However, in the case of pensioner and paid by the Czech Social Security Administration, or the application may be filed with the district administration to draw up and to the social security jurisdiction over the place of residence of the applicant. (2) The documents accompanying the application shall not be required in cases where the conditions for entitlement that payment of the supplement can be assessed from the data contained in the official records of the social security institutions responsible for pension payments; the possible submission of documents is shall invite the applicant to the social security institution referred to it in paragraph 1. (3) The condition of Czech citizenship is considered the date of the application. (4) Social security institutions referred to in paragraph 1, it shall provide the persons referred to in section 1 that the necessary assistance for the exercise of their rights. (5) Unless otherwise specified in this title, the decisions on contributions and its payment mutatis mutandis and special regulation governing the) organization and implementation of social security ^ 3), regarding the issuance of a decision on benefits of pension insurance, the judicial review of decisions in matters of pension insurance, service of documents, proceedings relating it to pension insurance, including the appeal procedure and deadlines for the payment of benefits (b)) special regulations governing pension insurance ^ 4) , relating to the creation and termination of pension entitlement or payment, denial of claims or payments, finding flaws in determining the level and changes in it is facts. (6) died when an applicant for a surcharge before the bonus payment awarded or paid an additional charge, and a surcharge for the period of entitlement that payment of the supplement to the date of death that award and pay once and the widow or widower of a deceased applicant. (7) The cost of bonus payments are paid from the state budget. § 4 has arisen are entitled that pension payments before the effective date of this Act, shall be an additional cost of retirement payments due in the month following the month in which this Act came into force. A surcharge will be paid no later than the regular monthly payment for the fifth month after the receipt of the request the social security institution responsible for the payment of retirement; entitlement to the premium for the period of entitlement to an additional charge, without prejudice. Where entitlement that pension payments after the effective date of this Act, entitled to receive allowance from the date of granting of the pension, and it is always and the monthly amount specified in § 2 para. 2, 3 or 4 after an increase under section 2 para. 8, for which until then there has been. It is based on the fact that the bonus was granted in 2005. CHAPTER TWO of the SPECIAL CONTRIBUTION that INCOME § 5 (1) and the Czech citizen who receives disability and retirement or pension from the Czech pension insurance ^ 1) aa) of which the amount of a pension adjusted as a participant in the resistance ^ 5), or (b)), to which the Ministry of Defence (the "Ministry") would be fulfilling the conditions set out in section 7 of the issued and confirmation of his participation in the uprising in May 1945 (the "Confirmation") that the request would be submitted to the Ministry one year after the entry into force of this Act, or (c)) and the rehabilitation Act first participates under no. 119/1990 Coll., on the Judicial Rehabilitation, as amended by Act No. 47/1991 Coll., or which has been denouncing the judicial decisions of the offenses listed in section 2 of the Act No. 119/1990 Coll., as amended by Act No. 47/1991 Coll., the canceled prior to the effective date , or has participated rehabilitation according to § 22 letter. c) of Law No. 82/1968 Coll., on the Judicial Rehabilitation, if unauthorized execution of detention or imprisonment, and it amounted to the total of at least 12 months, or 2. was placed in a forced labor camp or in a work unit, where decisions about the placement was canceled according to § 17 para. 1 of Law No. 87/1991 Coll., on extrajudicial rehabilitations, or the military forced labor camp, where the command of his inclusion in this camp was canceled according to § 18 par. 1 of Law No. 87/1991. as amended by Act No. 265/1992 Coll. and Act No. 78/1998 Coll., or in a monastery with centralization and the regime's forced labor camps similar, if the total length of stay in these facilities amounted it at least 12 months, (hereinafter referred to it as "creditor") is entitled and special contribution to the pension (and the "special contribution"). (2) The right to special allowance is also the widow or widower if derived by a person referred to in that paragraph 1. and (c))) or widow's or widower's pension from the Czech pension insurance ^ 1) or have such a pension is paid only because the other pension paid was more than the total acreage of the highest pensions in accordance with regulations effective before 1 January 1996. After earning and retired person referred to it in paragraph 1 point. or (c))) for these purposes is also receiving widow's or widower's pension of a person who meets the conditions is stated in these terms, though the date of his death, retirement or disability pension did not receive the third degree. Person under subsection 1. (c)) for these purposes means a person who has been illegally confined it to personal liberty in the manner specified in that provision for a period shorter than 12 months, but it was executed or that the death penalty during this unjustified deprivation of personal liberty died. (3) Special allowance under subsection 1. (c)) and in paragraph 2, in the case of a widow or widower of a person referred to in that paragraph 1. (c)) belong even if restricting personal freedom, which was not defined or time that was to last more than 12 months, ended on health grounds before the expiry of 12 months. This fact is demonstrated by a document for release on health grounds. section 6 (1) The special allowance is and) an authorized contract set out in § 5 para. 1 point. and (c))), and the amount of CZK 2 500 per month, (b)) an authorized set out in § 5 para. 1 point. (b) the widow or widower), mentioned in § 5 para. 2 the amount of EUR 1.250 per month. (2) In the case of overlapping claims for the payment of the special contributions referred to in paragraph 1, it shall only be paid a special allowance, and higher; If the same amount, paid only a special contribution to the old-age pension or disability. (3) if they belong to it, and the special allowance under § 5 para. 2 and the widow or widower who does not receive a widow's or widower's pension is paid along with a pension that is paid. (4) Special allowance the government increases regulation if the aggregate price index in regular public national rail and bus transport for domestic telephone services and domestic spa or leisure stays grow by at least 5%, in each case for the period of the calendar year, or period of several years, if the condition is at least a 5% increase in the total index of the previous year was not met. (5) The provisions of § 2 para. 8 first to third a sentences, and § 3 shall apply for and the special allowance accordingly. section 7 (1) Confirmation of participation in the uprising in May 1945, the ministry issues and a citizen of the Czech Republic, which in the period between April 30 and May 12, 1945, for at least three days on the side of the rebels against the fascists and) he participated in battles with weapons, b) participated in the news and connecting operations, c) held a medical supply or service in the field in relation to the hostilities , or d) and member of the Czech Revolutionary National Council or the rebel headquarters. (2) paragraph 1 of the citizen Participation in the ministry and proves) certified confirmation component control uprisings (such as rebel headquarters or command barricades) or organization uniting the participants in the uprising (such as the Association of the National Revolution and the Association of Czech uprising of the Czech Union of Freedom Fighters) or the component of the Armed Forces of the Czechoslovak Republic (such as formation of the Czechoslovak Army) (b)) and certified confirmation of the Military History Institute in Prague or public records issued on the basis of archival materials, (c)) and certified confirmation of the local authority (eg. The National Committee, the municipal authority or the authority they equated built) issued on the basis of local chronicles or other credible documents, d) authenticated eyewitness statement at least 2 people who hold a certificate of participation in the national liberation struggle would Act No. 255/1946 Coll. in the category of participant in the uprising in May 1945, and which the Ministry issued a certificate pursuant to § 5 para it. 1 point. (b)) or e), any other method recognized by the Ministry. (3) The certificate under paragraph 1 shall not be issued to a citizen if they met the conditions set out in section 1 of the par 3 of Law No. 255/1946 Coll. The investigation regarding the fulfillment of these conditions will the Ministry in cooperation with the Ministry of Interior. section 8 (1) where the entitlement that pension payments before 1 January 2006, it has a special contribution to the pension payment due in January 2006. If there entitled that pension payments after 31 December 2005, includes a special allowance from the date of granting of the pension, and the monthly amount referred to it in § 6 after an increase in accordance with paragraph 4 of which in the meantime has occurred. When determining the amount of the special allowance under the second sentence is based on the fact that the special allowance was granted in 2006. (2) The special contribution will be paid no later than the regular monthly payment for April 2006 will be if the request is submitted before 31 December 2005, or within three months following submission of the application; entitled this additional payment of a special allowance for prior periods remain unaffected. CHAPTER THREE lump sum monetary Certain Participants in the national struggle for liberation, between 1939 and 1945 § 9 of this Title shall apply to persons specified in § 1 of Law No. 39/2000 Coll., On granting lump sums of money that members of Czechoslovak foreign and allied armies in 1939 and 1945, as it would be amended Act No. 261/2001 Coll., and § 1 of the Act No. 261/2001 Coll. He granting lump sums of money to the participants in the national liberation struggle, political prisoners and persons on religious grounds or have centered this military labor camps and amending Act No. 39/2000 Coll., on granting lump sums of money that members of Czechoslovak foreign armies and allied armies during the years 1939 to 1945, which it has not yet been granted a lump sum of money for them, because these laws because of the material time of less than 3 months, respectively, of Czechoslovakian partisans less than two months, did not allow (hereinafter referred to it as "it is persons"). § 10 (1) Eligible persons are entitled and lump sum of money (hereinafter "entitlement"). (2) The claim must be filed in the form of a written application with the authority responsible for the decision-making and payment pursuant to section 13 of this no later than 31 December 2006, otherwise the claim expires; § 3 par. 1 of the second sentence, after the semicolon applies here mutatis mutandis. section 11 (1) An authorized person referred to in section 9, it shall provide a certified copy of a certificate issued under section 8 of Act No. 255/1946 Coll., Or documents that the certificate or replace these facts certify or certified copy of a certificate issued under section 5 of Act No. 34/1946 Coll., which defines the concept of the "Czechoslovak guerrilla" and other certified documents attesting that qualify, if the competent authority of that issue prompt decision and decision on the full or partial revocation of their incarceration. (2) If a beneficiary widow or widower, submit and marriage certificate. (3) The total duration of participation in different kinds of national struggle for liberation in accordance with § 1 para. 1 point 1. (c)) (f)), point 2 and par 2 of Act No. 255/1946 Coll. it adds. The total duration of participation in the Czechoslovak Army Corps in the USSR is added to the total time in service of the first Czechoslovak army in the Slovak Republic and thus totalized, time is added to the total period of participation in the national liberation struggle. section 12 (1) The amount of the lump sums of money for participation in the national liberation struggle for their participation in this fight lasting less than 3 months is 30 000 CZK. (2) The amount of the lump sums of money to the widow or widower of a participant in the national struggle for liberation in accordance with § 1 para. 2 of Law No. 39/2000 Coll., As amended by Act No. 261/2001 Coll., Or the widow, widower or children after participant in the national struggle for liberation under § 1, par. 2 of the Act No. 261/2001 Coll., is always half the lump sums of money under paragraph 1. section 13 of The claim by the amount of lump sums of money and its payment determined by the Czech Social Security Administration. In cases where a pension from the pension insurance paid by the social security institution of the armed forces ^ 6) or the armed forces, is a responsible authority for decisions of that authority. section 14 (1) Proceedings under this Title shall be initiated at the request of the authorized person. (2) The claim put forward in time, if it had not been decided, or if no payment of lump sums of money transferred in the event of the death of the beneficiary's heirs games. (3) In proceedings under this Title shall apply if in this Title provides otherwise, the Administrative Procedure ^ 7). (4) The decision of the authority referred to in section 13 of this may be appealed this and the regional court in whose district the general court authorized person. section 15 Proceedings conducted under this title shall be exempt from fees. section 16 of the Costs for a lump sum of money paid by the state. PART TWO Amendment to the law on extrajudicial rehabilitations section 17 of Act No. 87/1991 Coll., On extrajudicial rehabilitations as amended by Act No. 265/1992 Coll., Act No. 265/1992 Coll., Act No. 133/1993 Coll. of Act No. 115/1994 Coll., Act No. 116/1994 Coll., the Constitutional Court ruling promulgated under no. 164/1994 Coll., Act No. 107/1995 Coll. the Constitutional Court ruling promulgated under no. 2/1997 Coll., Act No. 134/1997 Coll., Act No. 78/1998 Coll., the Constitutional Court ruling promulgated under no. 153/1998 Coll., the Constitutional Court ruling promulgated under no. 57/1999 Coll. and Act No. 351/1999 Coll., is amended as follows: 1. In section 29, paragraph 1, including footnotes. 5 and 6 be deleted. Paragraphs 2 to 5 shall be renumbered 1 to 4. 2. In section 29 para. 1 the second sentence deleted. 3. In section 29, paragraph 2 reads: "(2) Paragraph 1 shall apply only if the citizens) and where the death penalty was executed, b) who died in a forced labor camp or in a work unit, (c)) who were enrolled in a forced labor camp or centralization monastery with a similar regime's forced labor camps or working in the department for at least 12 months.". PART THREE canceled Repealed section 18 of PART FOUR Amendment to the Court Fees Act section 19 this section 11 par. 1 point. (b)) Act No. 549/1991 Coll., on Court Fees, as amended by Act No. 118/1995 Coll., Act No. 160/1995 Coll. and Act No. 151/2002 Coll., after the word "(Security)," the words "supplement and pension, the special allowance for retirement." PART FIVE Amendment to the Income Tax Act, section 20 In § 4 para. 1 of Act No. 586/1992 Coll., On income taxes, as amended by Act No. 156/1993 Coll., Act No. 259/1994 Coll. Act No. 149/1995 Coll., Act No. 209/1997 Coll., Act No. 492/2000 Coll. and Act No. 669/2004 Coll., in the letter g) in the first sentence, the word "and" is replaced by a comma and the words "surcharge (contribution) and pension under special laws ^ 2 c) or ' and in point (h)) at the end the words "which, however, does not include the amount of the premium (contribution) and pension under special laws ^ 2 c)". Footnote. 2 c reads: "2 c) Eg Government Regulation no 622/2004 Coll., On the premium income it mitigate some injustices caused by the regime while in the social, Act No. 357/2005 Coll., On the awards to the participants of the national struggle for the liberation of establishment and Czechoslovakia and some survivors, and special contribution to the retirement of certain persons and a lump sum of money that some participants in the national struggle for liberation in the years 1939 and 1945 it and amending certain laws.". PART SIX Amendment of the Administrative Procedure, § 21. In § 7 para. 3 of the Act No. 150/2002 Coll., the Administrative Procedure Code, the word "and" is replaced by a comma and the word "security" the words "and the benefits paid under special regulations along with pensions ^ 1)." Footnote. 1A added: "1a) Eg Government Regulation no 622/2004 Coll., On the premium income it mitigate some injustices caused by the regime while in the social, Act No. 357/2005 Coll., On the awards to the participants of the national struggle for the liberation of establishment and Czechoslovakia and some survivors, and special contribution to the retirement of certain persons and a lump sum of money that some participants in the national struggle for liberation in the years 1939 and 1945 it and amending certain laws.". PART SEVEN Amendment to the Law on Administrative Fees section 22 In section 8 par. 2. and) Act no 634/2004 Coll., on administrative fees, the words "pension insurance," the words "and to supplement it, and pension and the special contribution it retirement." PART EIGHT of section 23 of the Effectiveness This Act shall take effect on the date of its publication, except for the second part, which comes into effect on 1 January 2006. Zaorálek Klaus mp Paroubek Selected provisions of amendments that section 6 of the Act No. 108/2009 Coll. Transitional provisions 1. And supplement to the pension is increased according to § 2 para. 5 of Act No. 357/2005 Coll., As amended, effective from the date of entry into force of this Act, upon written request from the pension payments to which it belongs, this premium payable in the calendar month in which this law comes into effect. 2. The special contribution to the pension to which the provision entitled under the Act No. 357/2005 Coll., As amended, effective from the date of entry into force of this Act, shall be based on a written request from the pension payments to which the post belongs, payable in the calendar month in which this law comes into effect. 1) Act No. 155/1995 Coll., On pension insurance, as amended. 2) section 67 of the Act No. 155/1995 Coll., On Pension Insurance, as amended by Act No. 220/2011 Coll. 3) § 86, 89, 90, 108, 111, 112, 116 and 117 of the Act No. 582/1991 Coll., On the Organization and Implementation of Social Security, as amended. 4) section 55 and section 56 par. 1 of Act No. 155/1995 Coll. 5) section 94 of the Act No. 155/1995 Coll. section 59-66 of Act No. 100/1988 Coll., On Social Security, as in force on 31 December 1995, and similar provisions in previous legislation. 6) section 9 of the Act No. 582/1991 Coll., As amended. 7) Act No. 71/1967 Coll., On administrative proceedings (Administrative Procedure Act), as amended.