Law Amending The Social Security Code

Original Language Title: Закон за изменение и допълнение на Кодекса за социално осигуряване

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15467/

Name of law Law amending the social security code Name of Bill WALL of the social insurance Number Date of adoption 28/07/2015/year Official Gazette 61/2015 Decree No 153

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law for amendment and supplement of the social security code, adopted by the HLÌÌI National Assembly on 28 July 2015.

Issued in Sofia on 31 July 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Hristo Ivanov

LAW

amending the social security code (promulgated, SG. 110; since 1999 decision No 5 of the Constitutional Court from 2000 – 55/2000; amend., no. 64 of 2000, issue 1, 35 and 41 of the 2001, issue 1, 10, 45, 74, 112, 119 and 120 of 2002, no. 8, 42, 67, 95 112, and 114 from 2003, PCs. 12, 21, 38, 52, 53, 69, 70, 112 and 115 of 2004, PCs. 38, 39, 76, 102, 103, 104 and 105 of the 2005 St. 16, 30, 34, 56, 57, 59 and 68 by 2006; Corr, PCs. 76 of 2006; amend., SG. 80, 82, 95, 102 and 105, 2006, issue. 41, 52, 53, 64, 77, 97, 100, 109 and 113 of 2007, PC. 33, 43, 67, 69, 89, 102 and 109 from 2008, PCs. 23, 25, 35, 41, 42, 93, 95, 99 and 103 of 2009, PCs. 16, 19, 43, 49, 58, 59, 88, 97, 98 and 100 by 2010; Decision of the Constitutional Court No. 7 of 2011-PCs. 45 by 2011; amend., SG. 60, 77 and 100 by 2011, issue. 7, 21, 38, 40, 44, 58, 81, 89, 94 and 99 by 2012 PCs. 15, 20, 70, 98, 104, 106, 109 and 111 by 2013, PCs. 1, 19, 27, 35, 53 and 107 by 2014 and PCs. 12, 14, 22 and 54 by 2015.)

§ 1. In art. 2 make the following amendments and additions:

1. In paragraph 8. 2:

a) a new paragraph 3:

"3. the Fund pensions for the persons under art. 69 "for disability due to sickness, old age and death;"

(b)) previous paragraph 3 and 4 shall become paragraph 4 and 5.

2. in the Al. 3, after the word "pensions" a comma and add "pensions for the persons under art. 69 "and the words" and "unemployment" are replaced by "unemployment" and the teachers ' pension fund.

3. a para. 6:

"(6) Teachers are provided for old age and in the teachers ' pension fund with a separate contribution."

§ 2. In art. 4, al. 1, paragraph 4, after the words "the law on defence and the armed forces of the Republic of Bulgaria" a comma and add "rezervistite in active service under the reserve of the armed forces of the Republic of Bulgaria".

§ 3. In art. 4 (a), para. 3 create item 6 and 7:

"6. for seafarers made a choice under art. 4 (b), para. 1, the increased contribution to pensions fund is the size of the fee under art. 157, para. 1, item 1;

7. for seafarers made a choice under art. 4 in, al. 1, the increased contribution to pensions fund is the amount of the fee under art. 157, para. 1, item 2. "

§ 4. Article 4B shall be replaced by the following:

"Option to change the security of additional compulsory pension insurance in universal pension fund in the pensions fund and fund pensions for the persons under art. 69 "

Art. 4B. (1) the insured in the pension fund universal persons have the right to choose to change your insurance from a universal pension fund in the pensions fund, according to fund pensions for the persons under art. 69 "with increased contribution in the amount of contributions for universal pension fund not later than five years before the age of art. 68, para. 1 and if not granted a retirement pension.

(2) the persons referred to in para. 1 can exercise their right of choice on the expiry of one year from the election under art. 124.

(3) the provision of persons pursuant to para. 1 arises from the first day of the month following the election.

(4) the choice of insurance, regulations for the collection and distribution of the increased contribution for persons referred to in para. 1 shall be settled by the Ordinance under art. 179, para. 3 of the tax-insurance procedure code. "

§ 5. Art is created. 4 in:

"Option to change the security of additional compulsory pension insurance in the professional pension fund in the pensions fund art. 4. (1) the insured a professional pension fund once persons are entitled to change the provision of occupational pensions fund in the pensions fund with increased contribution in the amount of contributions under art. 157, para. 1, item 2, if not granted a retirement pension or an occupational pension for early retirement.

(2) the choice of insurance, regulations for the collection and distribution of the increased contribution for persons referred to in para. 1 shall be settled by the Ordinance under art. 179, para. 3 of the tax-insurance procedure code. "

§ 6. In art. 5, al. 1 and 2, the words "article. 21, item 5 "shall be replaced by" art. 21, item 4.

§ 7. In art. 6 make the following amendments and additions:

1. In paragraph 8. 1:

a) in item 1, the words ' for Pensions ' Fund ' shall be replaced by "for the pensions fund, according to fund pensions for the persons under art. 69 ";

b) in paragraph 2 the words "Fund" pensions "are replaced by" for the pensions fund, according to fund pensions for the persons under art. 69 ";

in point 4) shall be replaced by the following:

"4. the social insurance contribution for pensions fund is increased as follows:

a) from 1 January 2017 – by 1 percentage point, from which the expense of 0.56 insurer and 0.44 at the expense of the insured person;

(b)) on 1 January 2018 – by 1 percentage point, from which the expense of 0.56 insurer and 0.44 at the expense of the insured person. "

2. in the Al. 3 create item 10 and 11:

"10. the persons under art. 4 (b), para. 1, who have chosen to change your insurance from a universal pension fund in the pensions fund, according to fund pensions for the persons under art. 69 ", the increased contribution to the pensions fund, according to fund pensions for the persons under art. 69 ", is the size of the fee under art. 157, para. 1, item 1; the contribution shall be allocated between the insurer and the insured person in sizes under art. 157, para. 3;


11. for the persons under art. 4 in, al. 1, who have chosen to change the provision of occupational pensions fund in the pensions fund, the increased contribution to pensions fund is the size of the fee under art. 157, para. 1, item 2. "

3. a new paragraph. 7:

(7) the social insurance contribution to the teachers ' pension fund is 4.3 per cent and is entirely at the expense of the insurer. "

4. The current paragraph. 7 it al. 8.

5. The current paragraph. 8 it al. 9 and in her words "para. 7 ' shall be replaced by "para. 8. "

6. the Previous para. 9 and 10 Al become respectively. 10 and 11.

7. The current paragraph. 11 becomes para. 12 and in her words "the pensions fund a comma and add" relevant "fund pensions for the persons under art. 69. "

8. the Previous para. 12 and 13 shall become paragraph 13 and 14.

9. The current paragraph. 14 it al. 15 and in her words "para. 8 "are replaced by" para. 9. "

10. The current paragraph. 15 it al. 16.

§ 8. In art. 9 the following amendments and supplements shall be made:

1. In paragraph 8. 5, after the words "the pensions fund a comma and add" relevant "fund pensions for the persons under art. 69. "

2. paragraph 6 is replaced by the following:

"(6) retirement on retirement time, during which they made care for persons with permanent disabilities/type and degree of disability over 90 per cent, which are constantly in need of foreign aid, from their husband (wife), parent (adoptive parent) or one of the parents of the mother or the father of the person with a disability. Pensionable service shall be respected, provided that during this time, the persons were not provided or are not receiving a pension. In retirement for the period count towards pensionable service, contributions are imported in amount of the Pensions Fund on the minimum salary at the date of the grant of a pension, which shall be borne by the State budget. "

3. Paragraphs 8, 9 and 10 are repealed.

§ 9. In art. 18, al. 1 make the following amendments and additions:

1. a new paragraph 2:

"2. the Fund pensions for the persons under art. 69 ";".

2. The former item 2, 3, 4 and 5 shall become paragraph 3, 4, 5 and 6.

§ 10. Art is created. 20A:

"The teachers ' pension fund

Art. 20. (1) the annual budget of the teachers ' pension fund shall be adopted by the law on State social insurance budget for the relevant year as an annex thereto and shall not be included in the general budget of the State social insurance.

(2) in the event that the law on State social insurance budget for the relevant year shall not be passed by the National Assembly at the beginning of the budget year, revenues of the teachers ' pension fund shall be collected and the costs shall be made in accordance with current regulations.

(3) the funds raised in the teachers ' pension fund shall be expended for the payment of pensions and supplements under art. 69 in.

(4) a temporary free cash of the teachers ' pension fund may be used under the conditions and by the procedure of art. 28.

(5) Major usher by means of the teachers ' pension fund is the Manager of the National Social Security Institute, and secondary heads of territorial units are units of the National Social Security Institute.

§ 11. In art. 21 is hereby amended as follows: 1. point 4 shall be replaced by the following:

"4. the transfers from the State budget, provided for in the law on State social insurance budget for the year concerned;".

2. Section 5 is repealed.

§ 12. Article 22A shall be replaced by the following:

"Revenues by fund pensions for the persons under art. 69 "

Art. 22. Resources of the Fund for pensions for the persons under art. 69 "are recruited from:

1. contributions to the persons under art. 69;

2. the transfers provided for in the law on State social insurance budget for that year;

3. interest and dividends. "

§ 13. (B) article 22 shall be amended as follows:

"Fund expenses" pensions for the persons under art. 69 "

Art. 22B. The resources of the Fund for pensions for the persons under art. 69 "be expended for: 1. the payment of pensions and retirement age, invalidity pensions due to sickness and additions of the persons under art. 69;

2. updating of pensions under item 1. "

§ 14. Art is created. 22 in:

"Revenues by Fund Pensions, non-employment"

Art. 22. the funds to fund Pensions, non-work activity "are recruited from:

1. transfers from the State budget for:

a) the payment of pensions for which no contributions are due and for increases, compensation and additions;

b) supplements to pensions of war veterans;

c) additives referred to in art. 84, down from pensions referred to in (a);

d) supplements to pensions laid down the law on political and civil vindication of repressed persons;

2. the fees laid down by the Council of Ministers;

3. interest and dividends;

4. donations and legacies. "

§ 15. Art is created. 22 (d):

"The pensions fund costs that are not related to employment"

Art. 22. (1) the resources of the Fund for Pensions, non-work activity "is spent for the payment of:

1. military invalidity pensions;

2. civil invalidity pensions;

3. social pensions for old age;

4. social pensions for invalidity;

5. pensions for special merit;

6. personal pensions;

7. supplements to the pensions of war veterans;

8. supplements to pensions under the law on political and civil vindication of repressed persons;

9. supplements under art. 84, down from pensions for which no contributions are due;

10. increases to pensions and compensation and additives under item 1 – 9;

11. aid for prevention and rehabilitation.

(2) the resources of the Pension Fund, not related to employment "is the money spent and for the payment of pensions for which no contributions are payable under the repealed law on pensions and Social Security Act, as well as increases, compensation and additions."

§ 16. In art. 33, para. 2, the words "for a period of 6 years ' shall be deleted.


§ 17. In art. 36, para. 1 item 2 is amended as follows:

2. approve the draft annual budget of the State social insurance, the annual budget of the teachers ' Pension Fund and their reports; ".

§ 18. In art. 37, para. 5, item 3 (a) and (b) shall be amended like that:

"a budget) the draft State social insurance budget and the teachers ' pension fund;

(b) report on the projects) the implementation of the budget of State social insurance and a report on the implementation of the teachers ' pension fund; ".

§ 19. In art. 54 m, al. 2 the words "art. 6, al. 8 "are replaced by" article. 6, al. 9. "

§ 20. Article 68 shall be amended as follows:

"Acquiring pension rights

Art. 68. (1) the right to a retirement pension is acquired at the age of 60 years old and 10 months of women and 63 years and 10 months for men and 35 years of pensionable service and 2 months for women and 38 years and 2 months for men. By 31 December 2016 age increases from the first day of each subsequent calendar year, as follows:

1. until 31 December 2029. the age for women increased by 2 months for each calendar year, from January 1, 2030 – with 3 months of each calendar year until reaching the age of 65;

2. until 31 December 2017, the age for men increases by two months, and from 1 January 2018 – with 1 month of each calendar year until reaching the age of 65.

(2) By 31 December 2016 security internship under para. 1 increased from the first day of each subsequent calendar year, with two months until reaching the pensionable service 37 years for women and 40 years for men.

(3) in the event that persons are not entitled to a pension under subsection. 1 and 2 by 31 December 2016, they acquire the right to a pension at the age of age 65 years and 10 months for women and men and at least 15 years of pensionable service effectively. By 31 December 2016 age increases from the first day of each subsequent calendar year, with two months until the age of 67.

(4) after 31 December 2037. age under para. 1 shall associate itself with the increase in life expectancy. "

§ 21. Art is created. 68A:

"A retirement pension in reduced size

Art. 68. (1) persons who have pensionable service required under art. 68, para. 2 may at their desire to retire a year earlier than their age under art. 68, para. 1. The pension is granted from the date of the application and shall be paid at a reduced amount the LAD.

(2) the persons to whom a pension was awarded the Al. 1, are not entitled to a pension under art. 68, para. 1, 2 and 3. "

§ 22. In art. 69 following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "release of service regardless of age" shall be replaced by ' the age of age 52 years and 10 months, and "finally" be added and/or as reserve skippers in the active service under the reserve of the armed forces of the Republic of Bulgaria ".

2. Paragraphs 2 and 3 shall be read with the following adaptations:

(2) State officials under the Ministry of the Interior, the law on special intelligence means and according to the law on execution of punishments and remand detention, civil servants under art. 11 of the Act on postal services, civil servants, being active on the guard of the judiciary under art. 391 of the Act on the judiciary, investigators and junior investigators acquire the right to a pension at the age of 52 years old and 10 months and under 27 years of pensionable service total, of which two-thirds actually izsluženi as public servants under the said law, the law on the State Agency for national security and as servicemen under the law on defence and the armed forces of the Republic of Bulgaria or by investigators and junior investigators.

(3) public officials under the law for the State Agency for national security acquire pension age at the age of 52 years and 10 months and under 27 years of pensionable service total, of which two-thirds actually izsluženi according to the law for the State Agency for national security, military service or the laws under para. 2. "

3. in the Al. 4 the words ' dismissal, regardless of their age "are replaced by" the age of age 42 years and 10 months.

4. Paragraph 6 is replaced by the following:

(6) employees in the General Directorate for fire safety and protection of the population "of the Ministry of the Interior, running some activities under art. 17, al. 2, item 6 of the law on the Ministry of the Interior, acquire the right to a pension at the age of 52 years old and 10 months and under 27 years of pensionable service total, of which two thirds are actually izsluženi in the system of civil protection. "

5. in the Al. 7 the words "termination of the relationship, regardless of age" shall be replaced by ' the age of age 42 years and 10 months.

6. Al are created. 9 and 10:

"(9) By 31 December 2016. the age of the persons referred to in para. 1 – 7 are increasing from the first day of each subsequent calendar year, with two months until reaching the age of 55 for persons referred to in para. 1, 2, 3 and 6 and up to 45 years of age for persons referred to in para. 4 and 7.

(10) the Right to a pension under the conditions of paragraphs 1 and 2. 1-9 have persons who have performed military or civil service laws under para. 1 – 3 persons who have been of posts under para. 4 and 7, and employees who are engaged in the activities referred to in para. 6. "

§ 23. Article 69 (a) shall be replaced by the following:

"Acquiring the right to a pension from ballerinas, ballet dancers and dancers with pensionable service in cultural organizations

Art. 69. (1) persons who have pensionable service 25 years in Office, or a ballet dancer ballerina dancer in cultural organizations, acquire the right to a pension at the age of 42 years old and 10 months.


(2) By 31 December 2016. the age of the persons referred to in para. 1 increased from the first day of each subsequent calendar year, with two months until reaching the age of 45. "

§ 24. Create art. 69 b and 69 in:

"Acquiring pension rights of persons working under the conditions of the first and second labour category

Art. 69 (b) (1) persons who have been working for 10 years under the terms of the first category labour, may retire if they have not acquired pension rights under art. 168 or when they changed the provision in art. 4 and are:

1. reached the age to 31 December 2015.47 years and 8 months for women and 52 years and 8 months for men and have a total of pensionable service and age of 94 women and 100 men;

2. by 31 December 2015 the age referred to in paragraph 1 shall be increased by the first day of each subsequent calendar year, with 2 months for men and 4 months for women up to 55 years of age.

(2) persons who worked 15 years in terms of the second category labour, may retire if they have not acquired pension rights under art. 168 or when they changed the provision in art. 4 and are:

1. age of age until 31 December 2015, 52 years old and 8 months for women and 57 years and 8 months for men and have a total of pensionable service and age of 94 women and 100 men;

2. by 31 December 2015 the age referred to in paragraph 1 shall be increased by the first day of each subsequent calendar year, with 2 months for men and 4 months for women until reaching the age of 60.

(3) persons until 31 December 2015, have 10 years of pensionable service, laid under the conditions of art. 104, para. 3, may retire before the age of age under art. 68, provided that they are the sum of age and pensionable service 90 and 52 years for men and 47 years for women. By 31 December 2015 the age increases from the first day of each subsequent calendar year, with two months until reaching the age of 55 for men and for women.

(4) If the contract of employment of persons working under the conditions of art. 104, para. 3, is terminated on the grounds of art. 328, para. 1, item 1 and 2 of the labour code, they can retire until 31 December 2015, including, not earlier than the age of 45 years of age and if you have a collection of retirement and age 90 and 10 years of pensionable service, laid under the conditions of art. 104, para. 3. By 31 December 2015 the age increases from the first day of each subsequent calendar year, with two months until reaching the age of 50 for men and women.

(5) in the event that the person has exercised the right to a pension under subsection. 4, it cannot conclude a contract of employment under the conditions of the first category work until the age of his age under para. 1 or under art. 168, para. 1, item 1.

(6) to assess the right to a pension under subsection. 2 Security Service category work complements pensions from the second category labour without conversion.

(7) where the persons referred to in para. 1, 2, 3 and 4, which are not entitled to a pension under art. 168, their request to be granted a pension of State social insurance, simultaneously with the application for the granting of a pension they submit and application that they want the resources of the individual batch them in professional pension fund to be transferred to the pensions fund of State social insurance. The application for transfer is submitted by the territorial division of the National Social Security Institute to the pensionnoosiguritelno company, pensionnoosiguritelniâ Management Fund, simultaneously with the filing of the application for the grant of a pension of State social insurance. Within 7 days of the grant of the pension the territorial division of the National Social Security Institute shall forward the application to the pensionnoosiguritelnoto company.

(8) in the cases referred to in para. 7 pensionnoosiguritelnoto company translates the funds in the pensions fund of the State social insurance within one month of receipt of the application. When the individual batch no accumulated funds pensionnoosiguritelnoto company shall notify the National Insurance Institute.

Acquiring pension rights of teachers

Art. 69. (1) the Teachers acquire the right to a retirement pension at the age of 57 years old and 10 months from women and 60 years and 10 months for men and teachers ' retirement 25 years and 8 months for women and 30 years and 8 months for men. By 31 December 2016 age increases from the first day of each subsequent calendar year, as follows:

1. until 31 December 2029. the age for women increased by 2 months for each calendar year, from January 1, 2030 – with 3 months of each calendar year until reaching the age of 62;

2. until 31 December 2017, the age for men increases by two months for each calendar year, and by 1 January 2018 – with 1 month of each calendar year until reaching the age of 62.

(2) The persons referred to in para. 1 is paid on-time pension for early retirement from the teachers ' Pension Fund in an amount to be determined by the procedure of art. 70 and reduced by 0.1 per cent for each month, nedostigaŝ of the face until they age for acquiring pension rights under art. 68, para. 1. (3) teachers are entitled to a pension under the conditions of paragraphs 1 and 2. 1 and retiring under the conditions of art. 68, para. 1 and 2 are paid pensions and retirement age of the pensions fund and the addition of the teachers ' Pension Fund in size 0.33 per cent of pension for each month for which there is a contribution to the Fund after acquiring entitlement to a pension under subsection. 1.


(4) teachers who have the required under para. 1 teachers ' retirement and retire after the age of age under art. 68, para. 1 pension shall be paid in full by the teachers ' pension fund to come of age in art. 68, para. 3. After the age of age under art. 68, para. 3 the pension shall be paid at the expense of the pensions fund.

(5) persons who take up teaching posts, and the respect of pensions for teachers ' within the meaning of this code shall be determined by the Ordinance under art. 106. "

§ 25. In art. 70 is made the following changes and additions:

1. In paragraph 8. 1:

a) the first sentence shall be replaced by the following: "the amount of the pension and retirement age is determined by income, by which the pension is calculated by multiplying the amount formed by: 1.1% per cent for each year of pensionable service and the proportional part of percent for the months of retirement.";

(b)) created new second and third sentences: "after 31 December 2016, the percentage for each year of pensionable service is increasing from the first day of each subsequent calendar year, by a percentage equal to or greater than the percentage under art. 100, para. 1 to 1.5. The percentage shall be fixed annually by the law on State social insurance budget for the year concerned. ";

in the past) the second and third sentences become respectively the fourth and fifth sentences.

2. in the Al. 3 the second sentence is created: a "on pensions, granted with a start date after 31 December 2018, the individual coefficient is calculated by insurance income of the person for his insurance after 31 December 1996 until the date of the grant of the pension."

3. in the Al. 4, paragraph 2 establishes the second sentence: "By January 1, 2019 – the ratio of the monthly insurance income of the person and the average insurance income for the country for the same month."

4. in the Al. 5 creates the second sentence: "By January 1, 2019, the individual coefficient is defined as the ratio of average monthly ratios under para. 4, paragraph 2, second sentence. "

5. a new paragraph. 7:

"(7) For periods during which individuals are insured in the pension fund universal, individual coefficient is reduced on the basis of the ratio between the amounts of the contributions for universal pension fund and for the pensions fund for third category labour for persons born before 1 January 1960, in turn, determined by decision of the Council of Ministers."

6. a new para. 8:

"(8) the individual coefficient is not reduced for the periods for which the accumulated funds in the individual batch of individuals into a universal pension fund are transferred to the State Fund for ensuring the sustainability of the public pension system."

7. The current paragraph. 7 it al. 9.

8. The current paragraph. 8 it al. 10 and in her words "under para. 7 ' shall be replaced by "under para. 9. "

9. the Previous para. 9 and 10 Al become respectively. 11 and 12.

10. Al are created. 13 and 14:

(13) the amount of the pension under art. 68 and is reduced by 0.4 per cent for each month by nedostigaŝ the age of the person of his age under art. 68, para. 1.

(14) persons may request recalculation of pension income from the insurance for another three-year period prior to 1 January 1997, within 12 months of the entry into force of the order for the granting of a pension. "

§ 26. In art. 75 following amendments and supplements shall be made:

1. In paragraph 8. 1 creating the second sentence: "after 31 December 2016, the percentage for each year of pensionable service is increasing from the first day of each subsequent calendar year, with the rate fixed pursuant to art. 70, para. 1. "2. In the Al. 4, items 1, 2 and 3, the words "under art. 70, para. 7 ' shall be replaced by "referred to in art. 70, para. 9. "

§ 27. In art. 79 make the following amendments and additions:

1. a new paragraph. 2:

"(2) after 31 December 2016 coefficients under para. 1, item 1, 2 and 3 are growing from the first day of each subsequent calendar year, with the rate fixed pursuant to art. 70, para. 1. "

2. The current paragraph. 2 it al. 3 and in item 1, 2 and 3, the words "under art. 70, para. 7 ' shall be replaced by "referred to in art. 70, para. 9. "

3. The current paragraph. 3 it al. 4.

§ 28. In art. 81, para. 2, the words "under art. 70, para. 7 ' shall be replaced by "referred to in art. 70, para. 9. "

§ 29. In art. 95, para. 1 item 5 is created:

"5. where a pensioner fails to comply with the requirements of the authorities of the expertise of the working capacity in terms of protivopokazanite working conditions."

§ 30. In art. 102 creates al. 6:

"(6) in the recalculation of pensions under art. 68 and the amount of the reduction in their art. 70, para. 13. "

§ 31. In art. 124 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

"(1) the supplementary compulsory pension insurance shall be carried out under the conditions and by the order of this title on the basis of the insured person under contract with pensionnoosiguritelno company or on the basis of officially subject to distribution art. 137, para. 4 and art. 140, para. 4. "

2. in the Al. 2, after the word "Treaty" shall be added "or the date of service allocation in Fund for additional compulsory pension insurance".

§ 32. Art is created. 124 (a):

"Choice to resume provision of the persons under art. 4 (b), para. 1 the universal pension fund

Art. 124. (1) the persons under art. 4 (b), para. 1, who have chosen to change your insurance from a universal pension fund in the pensions fund, according to fund pensions for the persons under art. 69 ' may choose to resume its provision in the universal pension fund not later than five years before the age so in art. 68, para. 1 and if not granted a retirement pension.

(2) the persons referred to in para. 1 can exercise their right of choice on the expiry of one year from the election under art. 4 (b), para. 1.

(3) the provision in para. 1 arises from the first day of the month following the election.


(4) the choice of insurance, regulations for the collection and distribution of the increased contribution for persons referred to in para. 1 shall be settled by the Ordinance under art. 179, para. 3 of the tax-insurance procedure code. "

§ 33. In art. 125, para. 1 paragraph 1 shall be replaced by the following: "1. the requirement of participation, with the exception of the persons providing the order of art. 4 (b), para. 1 and/or art. 4 in, al. 1 in the pensions fund; ".

§ 34. In art. 127 al. 3, 6, 7 and 8 are hereby repealed.

§ 35. In art. 129 create al. 12-19:

"(12) the provision of a universal pension fund in the pensions fund, according to fund pensions for the persons under art. 69 ", accumulated funds in the individual batch of insured persons entering into the State Fund for ensuring the sustainability of the public pension system.

(13) the accumulated funds into individual batch of insured persons under para. 1 are translated by the universal pension fund on account of the national revenue agency within 6 months from the occurrence of the provision in the pensions fund, according to fund pensions for the persons under art. 69. "

(14) in the event of a change in the provision of the pensions fund, respectively of the Fund pensions for the persons under art. 69 ", in the universal pension fund if the person has translated resources into the State Fund for ensuring the sustainability of the State pension system, they are transferred in his individual account in the it Department Pension Fund.

(15) in the granting of a pension on the first partition of the person for which the funds are transferred in accordance with para. 1, the same shall devolve on the pensions fund, according to fund pensions for the persons under art. 69 "on State social insurance.

(16) the operations referred to in para. 12-15 at the expense of the relationship with the central budget and/or funding under art. 154, para. 16 of the law on public finance.

(17) the accumulated funds in individual batches of the persons under art. 4 in, al. 1 are translated in the pensions fund within 6 months from the election.

(18) the Minister of Finance shall determine the modalities for the conduct and reporting of operations on accounts of the National Revenue Agency, central budget, the State Fund for ensuring the sustainability of the State pension system and the budget of State social insurance, resulting from the application of paragraphs 1 and 2. 12-15.

(19) the order and the manner of the transfer of accumulated funds in the Al. 13, 14 and 16 and the exchange of information (data) shall be settled by the Ordinance under art. 179, para. 3 of the tax-insurance procedure code. "

§ 36. In art. 137 the following modifications are made:

1. Paragraph 3 is replaced by the following: "(3) the insured persons shall participate in the universal pension fund through individual application to the company pensionnoosiguritelnoto submitted within three months from the initial occurrence of the obligation to provide. Individual application to the pensionnoosiguritelno company, and shall be submitted by the persons under art. 124 (a), para. 1. The procedure for the submission of the application and the requirements for the form and its contents shall be determined by regulation of the Commission. "

2. Paragraph 4 is replaced by the following:

"(4) For persons who have not chosen a universal pension fund pursuant to para. 3 shall be carried out officially registered funds distribution by universal in a way and in accordance with procedures laid down by the National Revenue Agency and by the Commission. "

§ 37. In art. 139, para. 1, paragraph 2 the word "LAD" is deleted and the number "70.99" is replaced by "89.99.

§ 38. In art. 142, para. 1, paragraph 2 the word "LAD" is deleted and the number "70.99" is replaced by "89.99.

§ 39. In art. 157 is hereby amended as follows:

1. In paragraph 8. 1 paragraph 1 point (d) is repealed.

2. in the Al. 3:

a) in paragraph 1, the words "and from 1 January 2017 – 2.8 per cent" shall be deleted;

b) in paragraph 2, the words "and from 1 January 2017 – 4.2 per cent" shall be deleted.

§ 40. Article 168 shall be amended as follows:

"The right to occupational pension

Art. 168. (1) as from 1 January 2016, the insured persons in the professional pension fund acquired entitlement to a pension for early retirement:

1. not less than ten years of pensionable service after 31 December 1999 under the terms of the first category of work and age, 10 years lower than the age of art. 68, para. 1;

2. not less than 15 years of pensionable service after 31 December 1999 under the terms of the second category labour or under the conditions of the first and second labour category and age, five years lower than the age of art. 68, para. 1.

(2) in assessing the right to a pension under subsection. 1 Security Service category work complements pensions from the second category labour without conversion.

(3) a pension under para. 1 shall be paid up to the age of the age of art. 68, para. 1 and cannot be received together with a pension for employment or a social pension for invalidity in part one.

(4) the availability of the required insurance shall be evidenced by a certificate issued by the National Insurance Institute.

§ 41. In art. 180 following amendments and supplements shall be made:

1. In paragraph 8. 1, the words "by 31 March each year" shall be replaced by "every quarter, until the 10th day of the next month it ' and the words ' the previous year ' shall be replaced by ' preceding quarter '.

2. in the Al. 2:

(a) in item 1) before the word "content" is added "form and";

b) in paragraph 2 the words "investment performance achieved" are replaced by "earned revenue and the level of the assumed risks.

§ 42. Article 201 shall be amended as follows:

"Mandatory fees

Art. 201. (1) for the implementation of the additional compulsory pension insurance and pension fund management bring charges and deductions in favor of the pensionnoosiguritelnite companies, as follows:

1. retention of each contribution amounting to: a) 4.5 per cent – for 2016;

b) 4.25 per cent – for 2017;

in 4%) – for 2018;

d) 3.75 per cent – by 2019;


2. investment fee calculated on the value of the net assets of the Fund, depending on the period in which they were managed by the company pensionnoosiguritelnoto, as follows:

a) to 0.9 per cent a year – for 2016;

(b)) to 0.85 per cent a year – for 2017;

c) 0.8 per cent per annum to – for 2018;

d) up to 0.75 per cent a year – by 2019.

(2) the fee referred to in paragraph 1. 1, item 2 shall be deducted on the order and manner established by regulation of the Commission. "

§ 43. Article 202 shall be amended as follows:

"An additional fee

Art. 202. Pensionnoosiguritelnoto company may collect an additional fee up to $10. in the case of transfer of funds to an account in the individual pension scheme pursuant to art. 343, para. 1, item 2, or art. 343, para. 1. the fee shall be paid by the insured person. "

§ 44. In art. 355, para. 1 the words "art. 6, al. 8 "are replaced by" article. 6, al. 9. "

§ 45. In the additional provisions in § 1, para. 2 is hereby amended as follows:

1. In paragraph 3 of point d shall be replaced by the following:

"e) any person who owns, directly and/or through the controlled person 20 or more than 20 per cent of the capital or of the number of votes in the General Assembly of another legal entity."

2. point 4 shall be replaced by the following:

"4." control "occurs when a natural or legal person (the controller):

a) may exercise directly and/or through the controlled person/persons, more than half of the votes in the General Assembly of the legal person, or

(b)) may set more than half of the members of the management or control body of the legal person and is at the same time a shareholder in or member of that person, or

c) is entitled to exercise a decisive influence on a legal entity pursuant to a contract concluded with that person or its instrument of incorporation or its statutes if that is permissible under the legislation applicable to that legal person, or

d) is a shareholder or partner in a company, and:

AA) more than half of the members of the management or control body of a legal person which are carrying the appropriate functions in the preceding and current financial year and up to the time of preparation of the consolidated financial statements are determined solely as a result of the exercise of its voting rights, or

BB) which self control under contract with other shareholders in or members of that legal person more than half of the votes in the General Assembly of this legal person, or

(e)) by virtue of law, rules or the agreement, represents managed and/or determine the investment policy of the other person.

In the cases referred to in letters "a", "b" and "d" to the voices of the controlling and the voices of entities, over which it exercises control, as well as the votes of the persons acting in his own name but on his own account or for the account of a legal entity controlled by it.

In the cases referred to in letters "a", "b" and "d" the voices of the controller shall be reduced by the votes on the shares held on behalf of a person who is neither the controller nor a legal entity controlled by it, as well as with the votes on the shares which are the subject of the bet, if the rights are exercised on them by order and in the interest of the Pledger.

In the cases referred to in letters "a" and "d" the voices of the controller shall be reduced by the votes on the shares held by the controlled person by person, which it controls, or through a person acting in his own name but on behalf of the controlling and controlled by him. "

§ 46. In the transitional and final provisions the following amendments and supplements: 1. In paragraph 4 (b) Al. 5 shall be amended as follows:

(5) upon the granting of a pension referred to in art. 168 National Insurance Institute translates the transferred pursuant to § 4 a, para. 1 means of professional pension fund, in which the person is insured on 31 December 2010, and received contributions in the pensions fund after this date until 17 June 2011 including, on account of professional pension fund, which granted the pension. Funds are transferred within 14 days of the notification of the National Social Security Institute that the pension was awarded by a professional pension fund. "

2. paragraph 5 shall be repealed.        

3. § 6 para. 1, after the words "35 per cent" comma, add "(a) by 1 July 2019 – 40 percent" and a comma.

4. In paragraph 22:

(a)) in the Al. 1, the words "by transforming it into a universal pension fund ' shall be deleted;

(b)) paragraphs 2, 3, 4, 5, 6 and 7 shall be repealed.

Transitional and final provisions

§ 47. (1) Pensions and retirement age of the persons under art. 4, al. 1, item 1 – 4 and 6 and art. 4 (a), the provision of which was discontinued after the acquisition of the right to a pension, but not later than 31 December 2014, be awarded from the date of termination of the insurance, if the application is lodged with the required documents within 6 months from this date. If an application is submitted after the expiration of the 6-month period from the termination of the insurance, pensions shall be granted from the date of submission of the application.

(2) persons granted pensions and retirement age under the conditions of art. 94, para. 1 by applications lodged after 31 December 2014, may within 6 months from the promulgation of the law to ask for pensions to be granted under the conditions of paragraphs 1 and 2. 1. (3) teachers ' Pensions granted under § 5, para. 2 of the transitional and final provisions with the starting date until 31 December 2015 shall be paid at a reduced rate until the age of the person of age for acquiring pension rights under art. 68, para. 1.


§ 48. For insured persons born after December 31, 1959, that is an obligation to provide initially after 31 December 2014, until the entry into force of this Act and who have not made a choice by the procedure of art. 137, para. 3 shall be carried out officially registered funds distribution by universal in a way and in accordance with procedures laid down by the National Revenue Agency and by the Commission under art. 120 (b), para. 2.

§ 49. The persons under art. 69 who have pensionable service required for acquiring pension rights, can retire without requiring a release from the service, respectively, dismissal or termination of the relationship.

§ 50. The persons under art. 69, which until 31 December 2015, have the required pensionable service for acquiring pension rights, may retire at any age until 31 December 2018.

§ 51. (1) persons to whom a pension was awarded by the State social insurance with the starting date until 31 December 2015, and reduced individual coefficient under repealed para. 3 of art. 127, may require restatement, if by 31 December 2016 opt to transfer funds from their individual batches in the universal pension fund in the pensions fund of State social insurance. Funds accumulated in individual lot of the insured person shall be translated by the universal pension fund in the pensions fund, according to fund pensions for the persons under art. 69 "on State social insurance, within three months from the date of the election. In this case, the pension shall be calculated from the first day of the month following that in which the choice is made. Contributions for supplementary compulsory pension insurance, after restatement of the pension are translated in the pensions fund.

(2) persons who on 1 January 2016, less than 5 years until the age of age under art. 68, para. 1 May to 31 December 2016, once to exercise their rights under art. 4 (b) of the choice to change the provision by the universal pension fund in the pensions fund, according to fund pensions for the persons under art. 69 "on State social insurance.

§ 52. Persons who have been granted a pension with a disposal, which entered into force by 31 December 2015, may request by 31 December 2016. recalculation of pension income from the insurance for another three-year period prior to 1 January 1997.

§ 53. (1) By 2017, the year in which the percentage referred to in art. 70, para. 1 reach 1.5, pensions not be updated under art. 100.

(2) pension benefits granted to the starting date until 31 December of the year in which the percentage referred to in art. 70, para. 1 reaches 1.5 shall be recalculated annually from 1 July of each calendar year following the year of the granting of the pension with the percentage referred to in art. 70, para. 1, second sentence. Pensions for accidents at work and occupational disease are restated annually by July 1 of each calendar year, as the factor of art. 79, para. 1, item 1 – 3 is increased by the percentage referred to in art. 70, para. 1, second sentence.

§ 54. In the Act on the State Fund for ensuring sustainability of public pension system (official SG. 98 from 2008; amend., no. 99 of 2009 and no. 15 by 2013) is made the following changes and additions:

1. In art. 1 create al. 4:

"(4) in the Fund shall be kept and translated means under art. 129, para. 12 of the social security code. "

2. In art. 13, para. 1, item 1, after the word "deposit" is added "and other accounts".

3. In art. 22 al. 1 – 4 are hereby amended:

"(1) the resources of the Fund shall be used solely for investment with the aim of extracting the profitability and transferring funds for the budget of the State social insurance to cover expenses for pensions of the pensions fund, according to fund pensions for the persons under art. 69 ", as well as for the recovery of transferred funds in the cases under art. 129, para. 14 of the social security code, including the costs of pensions when granting pensions on the first partition of the code of social security for persons who are transferred funds to the Fund pursuant to art. 129, para. 12 and 13 of the social insurance code.

(2) the transfer and recovery of transferred funds in the Al. 1 shall be made from the account of the Fund by the central budget and by the accounts of the National Social Security Institute and the National Revenue Agency.

(3) there shall be no direct transfer of funds to accounts of State social insurance, as well as direct payments from the accounts of the Fund for the costs of the State social insurance and the recovery of transferred funds under art. 129, para. 14 of the social security code.

(4) the accounts of the Fund may not perform other payments in addition to the investment of the funds and the operations under para. 2 and 6.

§ 55. In the tax-insurance procedure code (official SG. 105 by 2005; amend., SG. 30, 33, 34, 59, 63, 73, 80, 82, 86, 95 and 105 of 2006, issue 46, 52, 53, 57, 59, 108 and 109 in 2007, 36/69 and 98 in 2008, issue 12, 32, 41 and 93 from 2009, issue 15, 94, 98 , 100 and 101 of 2010, PC. 14, 31, 77 and 99 from 2011, issue. 26, 38, 40, 82, 94 and 99 by 2012 and St. 52, 98, 106 and 109 in 2013, PCs. 1 by 2014, decision No 2 of the Constitutional Court by 2014 – PCs. 14 by 2014, amend., SG. 18, 40 and 53, 105 by 2014 and PCs. 12 and 14 by 2015.) the following modifications are made:

1. In art. 128 al. 3 shall be amended as follows:

(3) requests for unduly paid or collected amounts for additional compulsory pension insurance only to the extent of the means available in the individual batch of the person in the company or pensionnoosiguritelnoto to the size of the funds to the State Fund for ensuring the sustainability of the public pension system. In other cases, the relationship is governed by the pensionnoosiguritelnoto company, the insurer and the insured person. "


2. In art. 179 al. 2 and 3 are amended:

"(2) the National Revenue Agency shall transfer the contributions to additional compulsory pension insurance within 30 days of their receipt of the account to the account of the corresponding Pension Fund indicated by the pensionnoosiguritelnoto company which manages it. In the same period on account of the National Social Security Institute translates and increased contribution for persons under art. 4 (b), para. 1 and art. 4 in, al. 1 of the social security code.

(3) the procedure for choice of insurance, filing, allocation of mandatory contributions and exchanges of information are governed by an Ordinance adopted by the Council of Ministers. "

§ 56. In the law on health insurance (official SG. 70 of 1998; amend., SG. 93 and 153 of 1998, no. 62, 65, 67, 69, 110 and 113 in 1999, issue 1 and 64 in 2000, 41/2001, no. 1, 54, 74, 107, 112, 119 and 120 of 2002, no. 8, 50, 107 and 114 from 2003. , PC. 28, 38, 49, 70, 85 and 111 in 2004, PCs. 39, 45, 76, 99, 102, 103 and 105 of 2005, St. 17, 18, 30, 33, 34, 59, 80, 95 and 105, 2006, issue. 11 of 2007; Decision of the Constitutional Court No. 3 of 2007 – PCs. 26 of 2007; amend., SG. 31, 46, 59, 97, 100 and 113 of 2007, PC. 37, 110 and 71 of 2008, PCs. 35, 41, 42, 93, 99 and 101 of 2009, PCs. 19, 26, 43, 49, 58, 59, 62, 96, 97, 98 and 100 by 2010, PC. 9, 60, 99 and 100 by 2011, issue. 38, 60, 94, 101 and 102 of the 2012 issue. 4, 15, 20, 23 and 106 by 2013, PCs. 1, 18, 35, 53, and 54 107 by 2014 and PCs. 12, 48 and 54 by 2015.) in art. 40 the following modifications are made:

1. In paragraph 8. 1:

a) in paragraph 2, the words "article. 6, al. 8 "are replaced by" article. 6, al. 9 ";

(b) in point 6), the words "article. 6, al. 10 "shall be replaced by ' art. 6, al. 11. "

2. in the Al. 3 item 9 shall be amended as follows:

9. parents, adoptive parents, spouses or one of the parents of the mother or the father who cared for a person with a disability with lost working capacity over 90 per cent, which are constantly in need of foreign aid; ".

§ 57. In the Ministry of Internal Affairs (official SG. 53 by 2014; amend., SG. 98 and 107 by 2014 and PCs. 14, 24 and 56 by 2015) in art. 183, para. 3, after the words "public servants" shall be inserted "under art. 142, para. 1, item 1.

§ 58. In the labour code (promulgated, SG. 26 and 27 of 1986; amend., no. 6 of 1988, no. 21, 30 and 94 of 1990, Nos. 27, 32 and 104 of 1991, no. 23, 26, 88 and 100 from 1992; decision No 12 of the Constitutional Court from 1995-69/1995; amend., SG. 87 of 1995. , PC. 2, 12 and 28 of 1996, PCs. 124 of 1997, PCs. 22 of 1998; Decision of the Constitutional Court No. 11 of 1998 – PCs. 52 of 1998; amend., SG. 56, 83, 108 and 133 of 1998, PCs. 51, 67 and 110 since 1999, issue. 25, 2001 issue. 1, 105 and 120 in 2002, PCs. 18, 86 and 95 of 2003 PCs. 52. Since 2004, PCs. 19, 27, 46, 76, 83 and 105 by 2005, issue. 24, 30, 48, 57, 68, 75, 102 and 105, 2006, issue. 40, 46, 59, 64 and 104 from 2007, PCs. 43, 94, 108 and 109 of the 2008 issue. 35, 41 and 103 of 2009, PCs. 15, 46, 58 and 77 by 2010; Decision of the Constitutional Court No. 12 of 2010 – PCs. 91 by 2010; amend., SG. 100 and 101 of 2010, PC. 18, 33, 61 and 82 by 2011, issue. 7, 15, 20 and 38 by 2012; Decision of the Constitutional Court No 7 by 2012 – PCs. 49 by 2012; amend., SG. 77 and 82 by 2012 PCs. 15 and 104 from 2013, PCs. 1, 27 and 61 by 2014 and PCs. 54 by 2015.) § 2 (a) of the supplementary provisions shall be repealed.

§ 59. Within 6 months from the entry into force of this law the heads of agencies whose employees apply art. 69, make a reasoned proposal to the Council for regulatory change for the differentiation of the posts under the relevant laws according to the nature and particular conditions of work with a view to the enjoyment of the rights to the early retirement of those who occupy them.

§ 60. The law shall enter into force from 1 January 2016, with the exception of:

1. paragraph 3 concerning art. 4 (a), para. 3, t. 6, § 4, § 7 on art. 6, al. 3, item 10, § 8 paragraph 2 concerning the amendment to art. 9, para. 6, § 13, § 25, item 5 – 9, § 31-36, § 47-51, § 54, § 55, § 56, item 2 on the amendment to art. 40, para. 3, item 9, which shall enter into force three days after its promulgation in the State Gazette;

2. paragraph 45, which shall enter into force 12 months after its publication in the Official Gazette;

3. paragraph 57, which shall enter into force from 1 April 2015;

4. paragraph 58, which shall enter into force on 17 July 2015.

The law was passed by the National Assembly-43 on 28 July 2015 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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