On The Granting Of A Supplement To The Pension To Alleviate Some Of The Grievances

Original Language Title: o poskytování příplatku k důchodu ke zmírnění některých křivd

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=58590&nr=622~2F2004~20Sb.&ft=txt

622/2004 Sb.



GOVERNMENT REGULATION



of 24 July 2003. November 2004



on the granting of a supplement to the pension to alleviate some of the grievances

caused by the Communist regime in the field of social



Change: 405/2005 Sb.



Change: 369/2007 Sb.



The Government ordered pursuant to section 8 of Act No. 198/1993 Coll., on the illegality of the

the Communist regime and on resistance against it:



§ 1



(1) citizens of the Czech Republic, who



and in the period from 25). February 1948 to 31. December 1989 were convicted and

they have passed a prison sentence or part of the binding for any offence

which were rehabilitated pursuant to Act No. 82/1968 Coll., on judicial

rehabilitation, as amended by Act No. 58/1969 Coll. and Act No. 70/1970 Coll.

or according to law No. 119/1990 Coll., on the judicial rehabilitation as amended by

Act No. 47/1991 Coll., Act No. 634/1992 Coll. and Act No. 198/1993 Coll.

or whose conviction for the offence referred to in section 2 of the Act No. 119/1990

Coll., as amended by Act No. 47/1991 Coll. was repealed on the way of recovery proceedings,

complaint for violation of law or pursuant to section 6 of Act No. 198/1993 Coll., on the

the illegality of the Communist regime and on resistance against it, where appropriate,

they were unlawfully deprived of their liberty and have been rehabilitated in accordance with § 33

paragraph. 2 Act No. 119/1990 Coll., and in receipt of retirement pension or full disability

income from pension insurance "^ 1" in Czech),



(b)) after the persons referred to in point (a)) shall receive a widow's or widower's

pension from the Czech pension insurance "^ 1"), or such income is not

paid just because another pension extends beyond the border

the highest amount of the sum of pensions according to the regulations effective before 1. January

1996, or



c) persons who, at the time of 25. February 1948 to 31. December 1989

died while trying to leave Czechoslovakia violent death caused by

State power, receiving widow's or widower's pension from the Czech

pension insurance,



they are entitled to the grant of a supplement to the pension to alleviate some of

the wrongs caused to them by the Communist regime in the area of social (

just a "surcharge").



(2) entitlement to the supplement are also citizens of the Czech Republic, which the

a parent at the time of their imprisonment or custody for the crime

referred to in paragraph 1 (b). and) died, if on the date of the death of parents

not reached the age of 18 years and receiving a pension from the Czech pension

Insurance ^ 1). Entitled to a surcharge shall be nationals of the Czech

Republic, whose parent is in a time of 25. February 1948 to 31. December 1989

He died while attempting to leave Czechoslovakia violent death caused by

State power, if on the date of the death of the parents have not reached 18 years of age and

they receive a pension from the Czech pension insurance. On the death of both parents

under the conditions referred to in the first sentence or the other will be entitled to an additional charge

assessed after each parent separately.



(3) entitlement to the supplement are also citizens of the Czech Republic, the

whose husband was at the time from 25. February 1948 to 31. December 1989

executed the death sentence imposed for the offence referred to in paragraph 1 (b).

and), and they receive a pension from the Czech pension insurance. An additional charge according to the

the first sentence does not belong, if it belongs to a surcharge referred to in paragraph 1 (b). (b)).



§ 2



(1) a supplement to the old age or full invalidity insurance shall be

in the amount of CZK 50 for each commenced month imprisonment,

its parts, or the performance of the binding.



(2) in addition to the widower's or widow's pension shall be half of the

the amounts referred to in paragraph 1. If the widow's or widower's pension

not be paid for the reason given in § 1 (1). 1 (b). (b)), the amount of

in the first sentence of the supplement and the supplement is to provide retirement,

that pays off. Widower's or widow's supplementary pension

increases of $ 3,000 per month, if the husband of a competent person has been

executed the death sentence imposed for the offence referred to in § 1 (1). 1 (b).

a), the authorised person or the spouse died at the time of enforcement of a sentence involving deprivation of

liberty or custody for the offence referred to in section 1 (1). 1 (b). and).



(3) a supplement to a pension payable pursuant to § 1 (1). 2 first sentence

down at the rate of two fifths of the amount referred to in paragraph 1. This surcharge

increases by 2 400 CZK per month.



(4) a supplement to a pension payable pursuant to § 1 (1). 1 (b). (c)) and under section

1 (1). 3 shall be at the rate of $ 3,000 a month. The supplement to the pension

due under § 1 (1). 2 the second sentence is set at EUR 2 400 Czk

on a monthly basis.



(5) the total period of imprisonment and the binding is aggregated; While the month means 30

days. When a partial change of conviction for the purposes of this

Regulation considered imprisonment only the difference between the penalties provided for

based on the original judgment and set out appropriate penalties or punishments

the newly imposed.



(6) in the case of overlapping of rights referred to in paragraphs 1 to 4 shall be paid only

an additional cost is higher; This also applies in the case of overlapping of rights to supplement the two

According to § 1 (1). 2 sentence third.



(7) allowance shall be paid monthly along with my pension in the same way and in the

the same dates as the pension. An additional cost is increasing in the same

terms such as pensions under a special legal regulation ^ 2).



§ 3



(1) where a claim for payment of a pension before the date of entry into force of

of this regulation, shall be an additional charge from the pension payments due in January

2005. the entitlement to payment of retirement after 31 December 2006. December 2004, belongs to the

from the date of a pension supplement, always in full monthly amount

referred to in § 2 (2). 1, 2 or 3, including increased according to § 2 (2). 7, k

which in the meantime has occurred. It is based on the fact that the surcharge was

granted in 2005.



(2) if the applicant has Died on a surcharge before the payment of the premium

awarded or paid the surcharge, the surcharge for the period from 1. January 2005

to the date of death, shall award and pay in one lump sum to the widow or widower.



§ 4



(1) the entitlement to payment of the supplement and the amount thereof shall be decided on the basis of

a written request from the competent social security institution for the payment

the pension.



(2) the application Documents shall not be required in cases where the conditions for the emergence of

entitlement to payment of the supplement can be assessed from the documents that are

contained in the official registers of the institutions of social security

competent for payment of the pension.



(3) the condition of citizenship of the Czech Republic shall be assessed to

date of submission of the application.



(4) social security institutions responsible for the payment of a pension to provide a

the persons referred to in paragraph 1 of the necessary assistance in the implementation of their rights.



(5) unless otherwise provided for in this regulation, subject to the

deciding on a supplement, entitlement to the premium and the individual instalments

the provision of § 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 by

amended, and sections 55 and 56 of the Act No 155/1995 Coll., on pension

insurance, as amended.



(6) the costs of the payment of the premium shall be paid from the State budget.



§ 5



Surcharge will be along with the income paid out no later than in the regular

the monthly payment for the month of July 2005; entitled to a supplement

Since January 2005 it is not affected.



§ 6



This Regulation shall enter into force on 1 January 2000. January 1, 2005.



Prime Minister:



JUDr. Gross v. r.



Minister of the Interior:



Mgr. Bublan in r.



Selected provisions of the novel



Article II of Decree-Law No 405/2005 Sb.



The supplement to the pension to alleviate some of the grievances caused by

the Communist regime in the area of social, the grant of which was

entitled under Government Regulation No 622/2004 Coll., as amended by this regulation,

It belongs on the basis of a written application from the payments of the pension to which this

an additional fee payable in the calendar, the month in which this regulation

shall take effect.



Article. (II) Decree-Law No. 372/2007 Sb.



Transitional provisions



1. the supplement to the pension to alleviate some of the grievances caused by

the Communist regime in the area of social, the grant of which was

entitled under Government Regulation No 622/2004 Coll., in the version in force from the date of

entry into force of this regulation, shall be on the basis of a written request from

payments of the pension to which this belongs at an additional cost, payable in a calendar

the month in which this regulation becomes effective.



2. the supplement to the pension to alleviate some of the grievances caused by

the Communist regime in the area of social increases according to the article. I, point 7

and 9 on the basis of a written application from the payments of the pension to which this

an additional fee payable in the calendar, the month in which this regulation

shall take effect.



1) Act No. 155/1995 Coll., on pension insurance, as amended

regulations.



2) section 67 of Act No. 155/1995 Coll., as amended by law No. 89/1997 Coll., Act

No 188/2001 Coll. and Act No 264/2002 Sb.