Act No. 39 / 2000 Coll.
Law on the provision of a lump sum to members of Czechoslovak foreign armies and Allied armies between 1939 and 1945
Valid
Effective from 01.03.2000
39
THE LAW
of 22 February 2000
on the provision of a one-off sum of money to Czechoslovak foreign armies and Allied armies between 1939 and 1945
Parliament has decided on this law of the Czech Republic:
(1) The Act applies to citizens of the Czech Republic who fulfil the conditions set out in § 1 (1) (a) and (b) and § 2 (1) (1) (3) of Act No. 255 / 1946 Coll., on members of the Czechoslovak army abroad and on some other participants in the national struggle for exemption, and have been issued a certificate pursuant to § 8 of the Act cited, or have a document replacing the certificate.
(2) The Act also applies to widows and widows by the persons referred to in paragraph 1, citizens of the Czech Republic whose marriage lasted at the time of the participation of the husband in the national struggle for liberation or, because of the impossibility of marriage being concluded by 31 December 1945 at the latest, whose spouse either fell or died at any time thereafter, as well as to widows and widows who entered into a new marriage.
(3) The condition of citizenship of the Czech Republic shall be deemed to be fulfilled if the citizenship continues on the date of the application for a lump sum.
(1) Persons referred to in Paragraph 1 (hereinafter referred to as "beneficiaries") are entitled to a lump sum (hereinafter referred to as "entitlement").
(2) The claim must be applied in the form of a written request to the authority responsible for the decision and payment referred to in Article 5 by 30 June 2001 at the latest, otherwise it shall cease to exist.
(1) Authorised persons shall submit a certified copy of the certificate issued pursuant to § 8 of Act No. 255 / 1946 Coll., or, where appropriate, the document replacing that certificate, and other certified documents certifying entitlement, of which there is a clear length of service in the foreign army which is decisive for the claim, provided that the authority responsible for the decision and payment referred to in § 5 so requests.
(2) Where the conditions laid down in Articles 1 (1) and 1 (2) are met, beneficiaries shall be entitled to a lump sum under this Act which is higher.
(1) Citizens referred to in § 1 (1) who have performed military service in Czechoslovak foreign armies or in Allied armies between 1939 and 1945 for at least 1 year shall have a one-off cash amount of CZK 120,000 and for each additional month the military service which exceeds 1 year of this military service shall have a one-off cash amount of CZK 1,000.
(2) Citizens referred to in Paragraph 1 (1) who have shown that they have been injured in the fight and have been granted a full or partial invalidity pension as a result of this injury, shall be entitled to a lump sum of CZK 120 000, unless a lump sum of the amount referred to in paragraph 1 is more advantageous to them.
(3) The citizens referred to in § 1 (1) who served military services in Czechoslovak foreign armies or in Allied armies between 1939 and 1945 less than 1 year but longer than 3 months belong a one-off cash amount of CZK 60,000.
(4) The persons referred to in Paragraph 1 (2) shall be entitled to half the lump sum to which the other spouse would be entitled. If the husband fell in battle, the other husband's one-off cash amount is CZK 120,000, unless the sum is better for him according to the first sentence.
The provision of a one-off cash amount is decided and paid by the Czech Social Security Administration. In cases where a pension pension is paid by a social security institution of members of the armed sil1) or armed corps, that authority shall be the competent authority in substance.
(1) Proceedings under this Act shall be initiated on the basis of a proposal from the authorised person.
(2) In the event of the entitlement being exercised, if it has not been decided on, or if a lump sum has not been paid, it shall, in the event of the death of the beneficiary, pass on to its heir.
(3) This procedure shall apply, save as otherwise provided in this Law, to the Administrative Rules. (2)
(4) An appeal may be brought before the Supreme Court against the decision of the authority referred to in Article 5.
(1) Proceedings under this Act shall be exempt from fees.
(2) The cost of a lump sum shall be borne by the State.
This Act shall take effect on 1 March 2000.
Klaus v. r.
Havel v. r.
Zeman v. r.
1) Article 9 of Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended.
2) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulation), as amended by Act No. 29 / 2000 Coll.
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Regulation Information
| Citation | Act No. 39 / 2000 Coll., on the provision of one-off cash amount to members of Czechoslovak foreign armies and Allied armies between 1939 and 1945 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.02.2000 |
|---|---|
| Effective from | 01.03.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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