The Implementation Of Odpočivných And Zaop On. Benefits To Government Employees

Original Language Title: provedení z. o odpočivných a zaop. požitcích státních zaměstnanců

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=3041&nr=247~2F1922~20Sb.&ft=txt

247/1922 Sb.



Regulation



the Government of the Czechoslovak Republic



of 8 March. August 1922,



establishing in the Slovak Republic performs the Act of 3 July 2003. March 1921. 99 Sb.

z. and n., odpočivných and zaopatřovacích benefits for State employees

and surviving them.



TITLE I.



On the basis of article I of the law of 3 July 2003. March 1921. 99, and Coll. n.,

and the second paragraph of section 1 in regulation of the Government of the Czechoslovak Republic

July 15, 1921. 234 Coll. and n., adapted the perks of former

Government employee system of survivors after them with

effect from 1. January 1921, as follows:



§ 1.



The persons listed in article I of the law of 3 July 2003. March 1921. 99

Coll. and n., including persons referred to in section 3 of this regulation, if they have been

the pension benefits from the Government regulation of 25 June 2002. August 1921. 298 Coll.

and n., extends, under the conditions in the lit. a) and b) from the top of the cited

the statutory provisions referred to with effect from 1. January 1921 the validity

some of the provisions of the Act of 17 May. December 1919. 2 Coll. and

n. from 1920, in accordance with the mandate of article X of the same law, as well as

the validity of the law of 7 July. October 1919. 541 Coll. and n.,

modifications referred to in the law of 3 July 2003. March 1921. 99, and Coll.

n.



§ 2.



Therefore, the provisions apply as indicated:



1. the Normal odpočivné of a public official, a judge or the State of

must not be assessed an amount less than $ 1800 and normal odpočivné

usher (podúředníka with luhy) less than $ 1400.



2. Widows after officials, State judges and State teachers include

provident benefits at the rate of 2/3 of pense, no longer benefited from the husband or

you would have the right, but not less than 40% and not more than 50% of the pensijního

the base. However, it must not be for widows pense less than 1500 CZK.



If it is not justified to widows, belongs to a provident benefit of widows '

Pense have-nots-getting up to another provision, if the employee lived

in the same household until his death, continuously for at least 5

years, of them at least for two years for his active service, and was to him in

This continuous time baby.



Indeed, applies to the emergence and duration of this right to the same rules as for

widows.



In the circumstances worthy of special consideration you may povoliti Provident

enjoyment in whole or in part to the widow, with whom he entered an employee in

marriage only retired or in active service after 60. a year of age.



3. the provisions of the preceding paragraph. 2. apply also to widows (mate) after

Government employees belonging to the category of public servants (podúředníků

and servants) with the change that the widows should not be lower than the pense 1100,-CZK.



4. Matrimonial marriage legitimovaným the neb later formal and

the adopted children of State employees, as well as schovancům,

If you are nezaopatřeni, the education allowance in the amount of 1/5 of the widows ' pense

for each of them, namely:



and for daughters within) dokonaného 24. of the year,



(b)) for the sons until dokonaného 21. the year, however, if they are studying at school

with the proper benefit, up to dokonaného 24. of the year.



A prerequisite for rights is below: a) in children adopted and schovanců that

adoption or accept it happened even in active employment zaměstnancově,

an employee of a child completely has nurtured until his death that the baby is, and

nemajetno, b) remains in children illegitimate, that are and remain

nemajetny and that either the employee lived until his death in his

home or were still in active service and the employee's zplozeny

paternity was legally established or recognised out of court.



After that time, you may post on education in whole or in part

povoliti only to the children, if they are nemajetny and are, moreover,

for severe physical or mental disease completely unable to separately

the food, however, or if it comes to the sons of the high nots

schools, for participation in the world war his studies that for too long and

If you are studying with a good benefit, on time to their studies necessarily

the necessary.



Education allowance for one child may not převyšovati $ 1200 a year and

Summary of contributions to the education for all children must not exceed the vdovskou

from the sea.



If there are children in the pension to the widows, include raising the widow allowance,

otherwise, the legal representatives of children, vulnerable children after the event itself.



5. Their dependent children entirely orphaned neb assimilated them built,

include, where appropriate, may povoliti according to the rules in the previous section.

4. (a) for a period of tamže provided for orphans ' pense a total amount of 1/2

widows ' pense, that their own mother or stepdad have ingested,

Alternatively, you could, but not more than $ 100 for one child.



If, however, the sum of normal contributions to the education that would be

in accordance with the provisions of point. 4. mother belonged, pense orphans ',

Here let it be this amount remitted in excess of in addition to the orphans '

According to the heads of the sea, in the way that some of the children at any time shall cease to be

rights to the sea, collides with the amount of contributions to education, which on this child

It seems, thus far, until they disappear altogether and the extra amount left over

only the orphan's full amount pense.



Pense orphan's allowances must not be with never more than pense for widows

referred to in section REF. 2. or 3.



The children referred to in section REF. 4., paragraph one, the provisions of this

point does not apply. There are also children of the children married,

entitled to orphans ' from the sea, not on bringing the first posts

orphan's diurnal and allowances of others přesahovati the border referred to in

the previous paragraph.



If the neb giving children in section REF. 4., paragraph one, appointed by the

yet another benefit of raising an orphaned sea of Treasury the neb

State or from any other means of public conventions, this enjoyment to

contributions to the education of the child, which they enjoy under this regulation.



In cases of a point. 2., last paragraph, povoliti

contributions to the education of the children and orphans pense.



6. the Common normal provident benefits the widows and children of the State

an employee who has died, retired, shall not put together přesahovati

normal bargain of the deceased, but they may never be inflicted for widows

After State officials, judges, and State teachers amount lower than

$ 1500 and the widow of employees (podúřednících and sluzích) $ 1100.

For normal either considered it odpočivné, that would be the deceased

It belonged, if he retired he lived the effectiveness of the law of 3. March

1921. 99, and Coll. n.



7. Survivors of government employees referred to in paragraph 1. and the dead

retired belong regardless of other statutory provident benefits

úmrtné at the rate of three-month amounts of our výslužného. This will

cancels the current rules on the amount of the grant.



8. The smallest amount provided for in § 71, § on the 76 and section 114 in the Cust. article. LXV: 1912

When involved in achieving or exceeding the maintenance of orphans and occurs according to the

the same legal provisions also under obligation to payment of benefits,

It is replaced by 1. January 1921 at a uniform rate of $ 4000 for the perks

statutory, as well as for the gifts and perks from grace.



§ 3.



Odpočivné or provident benefits be assessed in accordance with article I, § § ů

1 and 3, article II. section 5 of the Act of 7 July. October 1919. 541 Coll. and

n., without changing the current percentage rate based on the active benefit,

which according to the scales of this Act established correspond to Active

the benefits, which were rozhodny for the assessment of the existing benefits odpočivných

and zaopatřovacích. The diurnisté be considered as podúředníky.



Likewise, extends the validity of the law of 19 December. March 1920. 186

Coll. and n., on the gendarmerie officers Executive, team and Office

servants for the gendarmerie and the survivors of those persons; However, the time dělítkem

is, in these cases, the first January 1920 to a place otherwise valid 1.

September 1919. The advantages provided for in § 2, point. 1. to 7, but these

persons do not apply on a provisional basis.



Regarding nationals of former financial guard and surviving them

used either according to the guidelines laid down in this regulation to the place

the pay scales established by the law of 7 July. October 1919. Sb 541.

z. and n., scales laid down in the regulation of the Government of the Czechoslovak Republic

on 2 December. March 1920. 131 Coll. and n, and the corresponding

pensijní base (regulation of 10 November 1921, no. 4123 Coll. and

n.).



Regarding the employees of the postal and Telegraph Institute, referred to in

the Government Decree of 31 July. May 1920. 372 Coll. and n., which

the benefits have been granted, according to the regulation of 25 June 2002. August 1921. 298 Sb.

z. and n., used either pensijních bases set out in government regulation

of 3 July 2003. November 1921. 398 Coll. and n.



When the salaries of ungraded according to pay scales constitute the basis according to the

the first paragraph of this section up to the third degree to the salary

which would be an employee under his služného belonged, if his

categories have been sorted according to degrees according to the rules of the replaced

the aforementioned standards. If you do not comply with any of the following would be Standartenführer Dr. Hans nockemann

specified degree, for the basis of the next higher level,


If at least two of the closest diameter Standartenführer Dr. Hans nockemann degrees pay, and

lower, if this average does not reach.



§ 4.



Increase by this Regulation shall apply only to the proper

final odpočivné and provident benefits, of which the payment was

taken on behalf of the Czechoslovak State. That delights is thought me

for the proper, let there be assessed according to the following rules: an analogy



For the proper thought me is the permanent (section 8, second paragraph, of Act article.

LXV: 1912) odpočivné the perks, which were assessed under the provisions of

of the cited article, as well as of the legal bargain, which was the competent

the Office for duty plus the grace of professional time, which is

normally, nečítá; In addition, it is a good bargain, it thought me

that were inflicted with the remission service interruption, or recorded with

plus years of war in accordance with § 10. article. Li: 1875, with regard to the

§ 6 the Act. article. XIII: 1915 and regulation related to that.



Full vdovskými the perks of not merely means the permanent pense assessed

the competent authorities on the basis of the deceased spouse or služného fixed

amounts, regardless of the benefits of her husband's, but also of pense, which were

widows after State employees higher dietary classes, are entitled to the sea

having, in accordance with the provisions of the applicable norms from cases to case

by Royal decision granted. Proper grace pense are also widows,

who was the King's decision expressly waived the condition necessary

for the normal permit widows pense.



For the proper benefits thought me is also raising contributions calculated on the basis

statutory regulations, as well as life annuities already authorized under section 76 in the Cust.

article. LXV: 1912. This section is repealed by this regulation at the same time.



The benefits calculated in accordance with the laws and the neb increased regulation, the Republic of

The Czechoslovak repudiation, the benefit of this regulation do not apply.



§ 5.



On eligible allowances (section 23 of Act article. LXV: 1912) when assessing the degree of

Germans interest. The new pensijní base vpočtou only

eligible personal and retirement allowances of officials the amount of original, činovní

then the amount of the child benefit is now započitatelnou. In compensation for eligible

old-age and service allowance ushers (podúředníků and servants) and

to have lost the team used the provisions of the last paragraph of § 2 of article

I. law of 18 April. December 1919. 25 Coll. and n. from 1920.



Gifts and allowances from grace to the benefits under the provisions of this

Regulation of assessed are taken into account.



§ 6.



If the benefits were in one of the cases referred to in § 4 of this regulation

granted, the extent of the increased discretion, admits the referring authority

in conformity with the general financial Directorate in Bratislava, if

as regards indicating the Ministry with the Ministry of finance a uniform

increase the newly modified odpočivných and zaopatřovacích benefits only,

If the conditions persist, on which basis the original increase was enabled.

Regular newly edited pense, contributions to the widow's upbringing and no longer

allowed life annuities (§ 76 of Act article. LXV: 1912) but may not be the

way increased by more than 50%. If it was previously enabled an increase of two

rating class is permitted to increase by 50%, and amounted to an earlier

increase one rating class, about 30%.



§ 7.



If it is not possible for assessment benefits completely safe or handouts

from the documents submitted by the parties, or from official files at the perks

assessed based on the detected cases of similar neb nearby; in particular, can be

no additional minimum accounts according to the minimum rates pense referred to

in paragraph 2 of this regulation and pense widows, as well as contributions to education in

of or on the basis of 45% of the new pensijní base.



§ 8.



1. In addition to the benefits of modified according to the previous provisions of this

Regulation either monthly payable drahotní addition, whose rates

are listed in section 2 of Act 3. March 1921. 99, and Coll. n.,

in the samples I. And to V.



For civil servants and judges although some rating classes and

State teacher with výslužným either formula I used. And, for the widow to

such persons with the diurnal patterns and vdovskou for pensionované

a clerk from the category podúředníků and servants of the formula II. And, for the widow of

These zřízencích of the formula II. (B) for the State employee belonging to the

categories of workers and the widow of one of the formulas II. And (II). (B) for orphans

formula IV. and for those receiving gifts of grace in the formula.



2. the members of the family come to be eligible for the addition of only drahotní

If they are given the conditions that would constitute a claim on the

a provident benefit.



3. The members of the family, for which the conditions are not fulfilled by the previous

2. can drahotní addition, in whole or in part, if povoliti

are similarly given the conditions under which it would be possible for them povoliti

a provident benefit.



4. the requirement of a higher class than the addition of the authorized ohlásiti and

eligibility prokázati; also no right either by an authorized person

reported.



Free pensisté who live in a common household with the grandparents,

parents or siblings, can be assimilated to kladeni married childless

pensistům, shall be borne by the undertaking as a result of legal or moral

proven predominantly food these relatives for them nuznost.



5. the sums received without permission when closest to collide with the next payday

odpočivného neb provident benefit.



§ 9.



Special monthly and monthly emergency bailout assistance, established by sections y 7,

8, 10, 1, and 10, no 2 (b)) of the Government's regulation of 25 June 2002. August 1921.

298 Coll. and n., be remitted and paid according to the scale in section 7

the regulation referred to in paragraph 1 in the time range. of 21 June 1999.

in December 1921. 495 Coll. and n. Highest limit laid down for the

entitlement to these bailouts is lifted.



The emergency bailout granted according to the provisions in the preceding paragraph

provided for orphans without a father admits, along with the emergency bailouts

According to the same rules and granted to pensistovi for his children, if

they were registered in entitled to education.



§ 10.



If for the same authorized based on claims drahotní allowances

of any kind due to various reasons, either recognized only one claim,

When the different amount of entitlement to child benefit drahotní higher.



§ 11.



In respect of civil servants and surviving neželezničních after them,

enjoying the rents of accident insurance (pension), modify the

the provisions of § for 42, para. eighth and ninth, Cust. article. LXV: 1912

následovními provisions concerning the reduction of odpočivných and zaopatřovacích benefits.



Perks is running out:



and the employee) as regards itself, about the amount of the annuity with

a relaxing treat is higher than the basis for assessment, odpočivného



(b) in respect of their survivors) of the amount by which their annuity,

zaopatřovacími benefits is higher than the 1 1/2 times the zaopatřovacích

benefit obligation.



25% of the odpočivných and zaopatřovacích benefit obligation remains in any case

He was shining like.



If the injured after healing an injury so helpless that he needs foreign

care and maintenance, odpočivné does not limit at all.



TITLE II.



In addition to the benefit plan covered by title I shall be adjusted on these perks:



§ 12.



Odpočivné of civil servants, judges, State teachers, State

workers from the category of public servants (podúředníků and servants), as well as

staff referred to in § 3 of this regulation, who, nebyvše appointed

in the service of the Czech Republic within the meaning of law of 15 December 1999. April

1920. 269 and 270 Coll. and n., were on 31 December 1992. August 1919 and later

put retired (in addition to the persons referred to in section 14 of this Regulation), as well as

provident benefits survivors of these employees are given the

the conditions of § 14 of the Government's regulation of 25 June 2002. August 1921. 298 Coll.

and n.-further provident benefits survivors of employees who

According to said laws were not appointed to the service and died in Active

service 1. August 1919 and later modified at according to the principles contained in

Title I and III. of this regulation.



§ 13.



Former State workers, their survivors and beneficiaries of the gifts of grace

be of benefit to be paid only drahotní State allowances and

assistance pursuant to the provisions of §§ 8, 9 and 10, as well as the relevant provisions of the

Title III. of this regulation.



§ 14.



The provisions of this regulation do not apply to employees who have been

put to rest according to § 6 of the law of 15 June 2004. April 1920. Sb 269.

z. and n., and sections of 5 and 6, second paragraph, of the law of 15 June 2004. April 1920,

REF. 270 Coll. and n, and to the survivors of these persons.



TITLE III.



General provisions.



§ 15.



Súčtování ordered by section 12 of the regulation itself em 25. August 1921. 298

Coll. and n., made either in respect of all the persons implicated the benefits of this

of the regulation.



From the Decree of 15 July. July 1921. Coll. 234 and n.,

used either the provisions of § § 3, 4, 5, 6, 10 and 11 unchanged, and sections 8 and 9 of

with the replacement of the words "carry out itself the Earth's financial Directorate" in

§ 8 shall be replaced by the words "makes itself the general financial headquarters in


"And the words" of the Austrian "in paragraph 9 shall be replaced by the words

"Hungarian".



The financial headquarters in Bratislava, and the provincial Office for

the care of war poškozence are required to communicate to each other

the circumstances necessary for the implementation of paragraph of the first section in 4 of the law of 25 June.

January 1922. 39 Coll. and n., about the benefits of war poškozenců.



§ 16.



Benefits of increased under the provisions of this Regulation may be granted

only in agreement with the Office of financial message indicating in

Bratislava, Slovakia, with regard to the message indicating the Ministry with the Ministry of

finances.



§ 17.



The existing provisions contrary to laws made in this regulation,

cancelled.



§ 18.



The provisions that apply in Bohemia, Moravia and Silesia on permits

granted to the persons to whom they are paid odpočivné and provident benefits,

to travel abroad or to stay at tamže, extending to Slovakia.



Therefore, the claim for loses the resting and provident enjoyment, who without

permission to travel abroad, or exceed the term for which he was

granted permission to travel abroad or to stay there.



Residence permit in another country for no longer than twelve months may

uděliti general financial headquarters in Bratislava on properly

reasoned request, and in the case of the beneficiaries belonging to the resort

the Ministry of the Interior, the bathrobe in agreement with the CFOs in

Bratislava.



If the period for which the authorization has been granted above,

12 months or if the payment of the benefit and the povoliti for ever

a long holiday, the rules on the application of the relevant Ministry in agreement with the

the Ministry of finance and Foreign Affairs.



§ 19.



This regulation, which will take effect on the date of its publication, all

the Ministers in addition to Minister of railways. What to edit odpočivných and

zaopatřovacích benefits of former employees. the Hungarian Government

Special measures of the Ministry of railways, the railways.



The implementation of this regulation must not be nobody truncated on their

the existing total enjoyment.



Dr. Edvard Beneš in r.



Dr. Dolansky in r.



A. N. v. r.,



L. Smith v. r.



Black v. r.



Serb in r.,



also Minister of Dra Dérera.



Staněk v. r.,



also the Minister of Udržala.



Bold v. r.,



also Minister of Dra Vrbenského.



Dr. Šrobár v. r.,



also Minister of Dra Mičuru.