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The Amendment To The Act On The Prison Service Of The Members Of The Snb

Original Language Title: novela zákonu o služebním poměru příslušníků SNB

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63/1983 Sb.



LAW



of 14 July 1999. June 1983,



amending and supplementing Act No. 100/1970 Coll., on the prison service

members of the Corps of national security



The Federal Assembly of the Czechoslovak Socialist Republic has resolved

to this Act:



Article. (I)



Act No. 100/1970 Coll., on the service of members of the Corps of national

safety, shall be amended and supplemented as follows:



1. In section 4, paragraph 4. 3 at the end of this sentence connects:



"If the applicant is unable to start the service because the date of commencement of the

continuous weekly rest day or holiday, the condition shall be deemed to

service on the working day shall be considered satisfied if the applicant enters service

in the closest service. "the following day.



2. In article 6 (1). 1, ' 18 months ' is replaced by ' 24 months '.



3. In paragraph 7 of its current text becomes paragraph 1 and connects

paragraph 2, which reads as follows:



"(2) the Minister of the Interior, under the conditions laid down by the Czechoslovak

the Socialist Republic can wear on ceremonial occasions

staff uniforms with a distinguishing designation of those who were

leaving the proceeds under section 99 or laid off pursuant to § 100 para.

1 (b). (b)), or (c)) and are beneficiaries of an invalidity or old-age

income from social security. About who is entitled to

wear business uniforms with a distinguishing designation, in the fields of

its scope, the Ministers of the Interior. Person authorized to wear service

uniform with a distinguishing designation do not have rights or obligations

members. ".



4. in paragraph 11 of its current text becomes paragraph 1; the provisions of the

(a). b) of this paragraph is added:



"(b)) the appointment to the rank of second lieutenant, if, after a specified period of time successfully

performs the function for which it is established the officers ' rank, reached

a complete secondary education, and meets the qualification requirements set out

for the rank of second lieutenant, "



connects, paragraph 2, which reads as follows:



"(2) For the successful performance of the duties in the range within three years by type

services and the qualifications and qualification requirements for national title

Second Lieutenant [paragraph 1 (b))] provides for the Minister of the Interior of the Czechoslovak

Socialist Republic. ".



5. in article 15, paragraph 2. 3, the words "three years" is replaced by "five years".



6. in section 26 para. 1, the provisions of subparagraph (a). (c) the following new provision)

(a). (d)), which read as follows:



"(d) the appointment of the officer's) extraordinary rank".



(A) the existing provisions. d) is referred to as the provisions of subparagraph (a). (e)).



7. in section 26 para. 2 at the end of this sentence connects:



"Remuneration pursuant to paragraph 1. (d)), you can grant only a national

executing the function that is provided for the officers ' rank. ".



8. § 61 para. 1 reads as follows:



"(1) SNB may enter into an agreement with a member of

the SNB undertakes to enable the officer to obtain

or increase skills and Member agrees to remain after the end of

the Studio for some time in the prison service or pay the Corps national

safety costs associated with obtaining or increasing the qualifications or

part of them. SNB may also with a Member

agree that a member of the Corps of national security and will pay the costs,

that the termination of his service has made to obtain or increase

his qualifications, if the Member would be released from the service

under section 99 or if his service is over detention of rank

or loss of rank or dismissal in accordance with § 100 para. 1 (b). (d)),

e) or (f)) before getting the implied qualification or prior

increase. To pay the cost of the basic preparation for performance

the service may be required. ".



9. § 61 para. 2 (a). (c)):



"(c)) the maximum overall amount, which can be used on a national request

to pay the costs, if you fail to comply with its commitment ".



10. In § 61 para. 5 after the word "require" the following words: "and

the duration of the undertaking ".



11. section 63 including title:



"section 63



Preventive rehabilitation



(1) the Members may be given to the consolidation of their body

fitness, physical and mental health preventive rehabilitation in

length of 14 calendar days in a year.



(2) Nationals with weakened health status may be granted to

the basis of the recommendations of the preventive medical rehabilitation in the form of

spa treatment associated with the parts of the holiday.



(3) the conditions for the provision of preventive rehabilitation and how it

the implementation provides for the Minister of the Interior of the Czechoslovak Socialist

Republic. ".



12. In paragraph 88, the words "compensation for loss of income, the staff"

the following words shall be added: "where appropriate, on retirement,".



13. In article 89, paragraph 2, the following paragraph 3 is added:



"(3) the compensation for loss of income belongs in an amount equal to the difference

between the amount of the pension to which the injured party is entitled, and the amount of the pension,

that would qualify, if not to reduce its staff

income (earnings) as a result of damage to the health of the staff injury, or

occupational diseases. ".



The former paragraph 3 shall become paragraph 4.



14. In article 89, paragraph 4 becomes paragraph 5 is added:



"(5) a national, whose ability to service performance has been changed or

that was recognized by the disability as a result of the staff of the accident that he was

caused by the criminal offence, the staff of the surgery, in the performance of services in the

air traffic, in the performance of specific tasks assigned to the service

authorities, working with explosives, with the chemical, radioactive, highly

the virulent or infectious material or other similarly

hazardous conditions, belongs to the one-off special compensation in the amount of

at least 10 000 Czech crowns and not more than 45 000 Czech Crowns. If, however, such an injury

for a particularly hazardous conditions, belongs to a single national

extraordinary compensation of up to 80 000 Czech Crowns. one-off extraordinary

compensation in the amount of at least 10 000 Czech crowns and not more than 45 000 Czech Crowns is

the conditions laid down in the first sentence is also a national, whose ability to

the performance of the services has been changed or which has been recognized by the disability as a result of

occupational disease. ".



15. In paragraph 90, the conjunction "and" before the end of the sentence is replaced by a comma and the words

"one-time compensation to survivors" are attached these words: "and

compensation for damage to property ".



16. in section 91 paragraph 2. 2, the last sentence shall be deleted.



17. section 91, the following paragraph 4 is added:



"(4) the compensation for damage shall belong to the heirs of a member.".



18. in § 92 para. 2 part of the sentence before the semicolon:



"The Interior Minister of the Czechoslovak Socialist Republic lays down that

conditions are similarly dangerous and especially dangerous (section 89 (5)),

modifies the determination of the amount of one-off extraordinary compensation and provides for

the procedure of official authorities in discussing and determining the compensation and

more details about the grant of refunds in respect of the service

accidents and occupational diseases; ".



19. in paragraph 94, the current text becomes paragraph 1 and connects

paragraph 2, which reads as follows:



"(2) the Minister of the Interior of the Czechoslovak Socialist Republic

because of the changes that have occurred in the development of professional level of income,

Edit to the extent established by the Government of the Czechoslovak Socialist

States for workers in employment conditions, amount and method

compensation for loss of income belonging to members of the staff after

the end of the inability to service resulting from trauma or disease of the staff

profession. ".



20. In § 100 para. 2 at the end of this sentence connects:



"If the release of a member of the reasons mentioned in the previous

paragraph (a). (d)), it doesn't count in the period of two months the period for which

is a national recognized temporarily invalid services for an illness or injury. ".



21. in § 109 paragraph. 1 the words "does not receive a pension" are replaced by the words "does not have the

entitlement to a pension, "and after the word" or "shall be inserted after the word" on ".



22. section 109, the following paragraph 3 is added:



"(3) the provision of details of the salary compensation, about how to calculate

the amount and payment adjusts the Interior Minister of the Czechoslovak Socialist

of the Republic. The Ministers of the Interior, in the fields within their competence may delete

the hardness that would have occurred in the implementation of the provisions of paragraphs 1 and

2. ".



23. in section 113 shall be inserted before the present paragraph 1 a new paragraph 1, which

added:



' (1) in the overlapping claim to the post with a right to contribution for the service

under other rules ^ 1) belongs to the higher post. ".



Paragraphs 1 and 2 shall be renumbered as paragraph 2 and 3.



24. in section 113 para. 3 in the second line, the word "or" is replaced by a comma and

After the word "pension" shall be inserted after the words: "or to a pension for výsluhu

years (partial pension for výsluhu years) ".



25. in paragraph 113, the following section 113a, 113b. § and § 113 c, which reads as follows:



"§ 113a



(1) during the period for which the beneficiary resides abroad permanently,

post does not belong. If the recipient resides in a foreign country

on a transitional basis, the contribution by him, but the country does not pay.



(2) After the time that is the recipient of a sentence involving deprivation of

freedom or in custody, the allowance is not paid. Spouses and children

at the request of the authorized paid part of the contribution, which is needed to


payment of its obligations and personal needs of family members. The creditor, who

It is lonely, you can enable the payment of part of the exceptionally contribution to cover its

commitments. If the recipient of the contribution was released from custody without being

convicted, he shall pay the contribution in respect of the entire period of the binding.



section 113b



(1) the Organization shall be required to be given to the prompt payer contribution in the specified

the reporting period for the purpose of reduction of the allowance, in particular on the amount of earnings

recipient of the grant. The contribution payer is entitled to examine the accuracy and

completeness of this information.



(2) if the Organization Caused by incorrect reporting or omission of that

the contribution has been paid unduly or in a higher area than belonged, is

the contribution payer is obliged to replace the wrongly paid amounts.



(3) if the contribution Was wrongly or in a higher area than

He belonged, the fault of the beneficiary organization and correspond to the recipient

contribution of the Organization for the return of wrongly paid amounts together

and severally liable.



(4) the limitation period of limitation and the provisions of section 132a.



(5) on the obligation of the Organization to replace the wrongly paid amounts

the contribution shall be decided by the payer; for the procedure shall apply mutatis mutandis

the provisions governing the management of the Social Security Act. ^ 2)



section 113 c



The allowance, which was finally sentenced to jail

imprisonment for an intentional criminal act or has committed such

the acts for which he would otherwise for the duration of employment was withdrawn

rank (article 13, paragraph 1 (a))), the contribution may be withdrawn. The withdrawal of

contribution decisions in the fields of its competence, the Ministers of the Interior, after

the previous discussion in Special Commission established pursuant to § 13 para. 2. ".



26. section 116 paragraph. 2 is added:



"(2) the lodging of an appeal does not have suspensory effect with the exception of the appeal against the

the decision to revoke the rank against the staff reviews, which was

Member rated as substandard and unfit to hold another,

less responsible [§ 100 para. 1 (c) (d))], against the decision of the

the imposition of disciplinary penalties or damages. "



27. In article 116 paragraph 1. 3 part of the sentence before the semicolon:



"The authority which issued the contested decision, it can appeal alone

meet; ".



28. in § 118 paragraph. 4, after the words "the Ministers of the Interior," the following words are inserted:



"and business authorities authorised;".



29. in paragraph 129 para. 1 the first sentence reads as follows:



"The right to compensation (§ 110-114) to not be limited; in the other

cases, the right to be extinguished if not exercised at the time of this

the Act provided for. ".



30. In paragraph 131, after paragraph 1, insert a new paragraph 2 is added:



"(2) the entitlement to the allowance instalment (§ 110-114) is being barred

for one year from the date of its maturity; If the entitlement to the allowance

wrongly denied being barred the claim on the individual instalments contribution for the

three years. ".



The former paragraph 2 becomes paragraph 3.



31. under section 132, the following section 132a shall be added:



"section 132a



Entitled to a refund of the contribution of each payment provided by wrongly

or in an incorrect amount is being barred for three years from the date on which the payer

This post found that grant was given wrongly or in

incorrect amount, no later than ten years from its payouts. The period of limitation

If they are not running from a post made on the reimbursement of the amounts paid to

wrongly. ".



32. In article 135 paragraph. 1, after the words "§ 108 paragraph. the following words shall be inserted after "4.0:

"§ 143 paragraph. 5, ".



Article II



The provisions of § 113, § 113a, 113b. § and § 113 c shall apply also to the post,

on that claim before the date of entry into force of this Act;

However, you can withdraw the contribution (section 113 c) for which

the beneficiary commits at the time from the date of entry into force of this

the law.



Article. (III)



This Act shall take effect on 1 January 2000. January 1984.



Husák in r.



Indra in r.



Roll in..



1) section 33 of the Act No. 76/1959 Coll., on certain service conditions of soldiers,

as amended (full text of no 122/1978 Sb.).



2) § 116 paragraph. 1, 2 and 6 and § 134 para. 1 and 5 of the law No. 121/1975 Coll., on the

social security.