Name of law Law amending the social security code Name of Bill WALL of the social insurance code acceptance date 26/07/2011 number/year Official Gazette 60/2011 Decree No 191

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 National Assembly of the HLI 26 July 2011

Issued in Sofia on 29 July 2011.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

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, 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.)

§ 1. In art. 4, al. 5, the words "selected insurance income between minimum and maximum monthly" are replaced by "minimum insurance income for self-employed persons".

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

1. In paragraph 8. 1, paragraphs 1 and 2, after the words "under art. 4, al. 1, item 4 "is added" and art. 69.

2. in the Al. 3:

(a)) in the text before the paragraph in the first sentence, the words "under art. 4, al. 1, item 7, 8 and 9 ' shall be replaced by "referred to in art. 4, al. 1, item 7 and 8 ";

(b)) the second sentence shall be inserted: "new contributions for persons under art. 4, al. 1, item 9 are due on earned, but not less than the minimum monthly wage for the country. ';

in the current second sentence) becomes the third sentence.

§ 3. In art. 79, para. 1 in the text before point 1, the words ' the date of invalidiziraneto "are replaced by" retirement date ".

§ 4. In art. 84, para. 1 paragraphs 1 and 2 shall be read with the following adaptations:

' 1. until 31 August 2011 – 20 per cent;

2. by 1 September 2011 to 31 December 2012-26.5 percent; ".

§ 5. In art. 104 Al is created. 9:

"(9) Security Service of the persons under art. 69 and becomes, as four years of pensionable service in Office "ballerina, ballet dancer or a dancer" in cultural organizations count about 5 years of pensionable service of a third category of labour. "

§ 6. In art. 176, para. 1, item 2, the words "and 9 ' shall be replaced by" and 10 ".

§ 7. In art. 202, para. 3, first sentence, the words "the communities ' pension scheme ' shall be replaced by ' the Union's pension schemes".

§ 8. In art. 257, para. 1, item 4, the words "the communities ' pension scheme ' shall be replaced by ' the Union's pension schemes".

§ 9. The title of part two "a" shall be replaced by the following: "interaction with the pension schemes of the Union, of the European Central Bank and the European Investment Bank.

§ 10. The name of the chapter thirty-eight "a" shall be replaced by the following: "the transfer of pension rights to and from pension schemes by the European Union, the European Central Bank and the European Investment Bank.

§ 11. In art. 343 and following modifications are made: 1. In the title the words "pension scheme of the communities" shall be replaced by ' the Union's pension schemes ".

2. in the Al. 1 in the text before point 1, the words "an official of the communities" shall be replaced by "an officer of the institution or body of the European Union", and the words "the communities ' pension scheme ' shall be replaced by ' the Union's pension schemes".

3. in the Al. 2, the words ' European Communities ' shall be replaced by ' European Union ', and the word "Communities" shall be replaced by "European Union".

4. in the Al. 5, the words "the communities ' pension scheme ' shall be replaced by ' the Union's pension schemes".

§ 12. In art. 343 b is hereby amended as follows:

1. In the title the words "pension scheme of the communities" shall be replaced by ' the Union's pension schemes ".

2. Paragraph 1 shall be amended as follows:

(1) Security practice for which actuarial equivalent was transferred under art. 343, para. 1, item 1, may not be used for the determination of the entitlement and the amount of pension related to employment. "

3. in the Al. 2 the words "the Communities" shall be replaced by ' institution or body of the European Union ".

4. in the Al. 3 in 1 and 3, the words "the communities ' pension scheme ' shall be replaced by ' the Union's pension schemes".

§ 13. In art. 343 in the following modifications are made: 1. In the title the words "pension scheme of the communities" shall be replaced by ' the Union's pension schemes ".

2. in the Al. 1 in the text before point 1, the words "Community body" shall be replaced by ' institution or body of the European Union ", and the words" the communities ' pension scheme ' shall be replaced by ' the Union's pension schemes ".

3. in the Al. 2, the words ' European Communities ' and ' Communities ' shall be replaced by ' European Union '.

§ 14. In art. 343 the following amendments and additions:

1. In the title the words "pension scheme of the communities" shall be replaced by ' the Union's pension schemes ".

2. Paragraph 1 shall be amended as follows:

"(1) where a person make a choice under art. 343 c, para. 1, item 1, the National Insurance Institute distributes funds received from the pension scheme of the European Union, in the following order:

1. in cases where funds were transferred to the pension scheme of the Union by the procedure of art. 343 (a), an amount equal to the amount of the transferred funds, updated to the date of the transfer, is translated back into the pensions fund of State social insurance and the relevant types of supplementary pension funds, which have been transferred;


2. of the amount remaining after allocation of funds under item 1, respectively – the funds received, in cases where no funds are transferred to the pension scheme of the Union by the procedure of art. 343 shall transfer funds as follows:

and for the person) born 1 January 1960 in the pensions fund of the State social insurance; transfer funds, calculated on the basis of the remuneration on which the person was insured at the time of the termination of the relationship with the authority of the Union, the amount of the contribution at the time of the transfer and the periods of actual service in the Union, and any other periods, have action by the Union, without those of Bulgaria;

(b)) a person born after 31 December 1959 – in the pensions fund of State social insurance and the universal face pension fund; transfer funds, calculated on the basis of the remuneration on which the person was insured at the time of the termination of the relationship with the authority of the Union, the relevant dimensions of the contribution at the time of the transfer and the periods of actual service in the Union, and any other periods, have action by the Union, without those of Bulgaria. "

3. in the Al. 2, the words "under para. 1, 2 and 3 ' shall be replaced by "under para. 1, item 2. "

4. Paragraph 3 shall be amended as follows:

"(3) the amount remaining after transfer of the resources of the Al. 1, shall be transferred to the Fund chosen by the person for the additional voluntary pension insurance. "

5. in the Al. 4 everywhere the word "Communities" shall be replaced by "European Union", the word "including" is replaced by "and" and after the words "other States" there shall be added "and/or international organisations".

§ 15. In art. 343 (e) is hereby amended as follows:

1. In the title the words "pension scheme of the communities" shall be replaced by ' the Union's pension schemes ".

2. In the text before point 1, the words "the communities ' pension scheme ' shall be replaced by ' the Union's pension schemes".

§ 16. New art. 343 is:

"Law of the transfer of pension rights to and from pension schemes of the European Central Bank and the European Investment Bank

Art. 343. (1) upon transfer of pension rights from the pension schemes of the European Central Bank and the European Investment Bank provisions of art. 343 – 341 (e) shall apply accordingly.

(2) the circle of persons entitled to transfer, as well as the manner of its exercise is governed by the conditions of employment adopted by the Governing Council of the European Central Bank on the grounds of art. 36 of the Statute of the European system of central banks and of the European Central Bank, respectively, with the staff regulations and the pension scheme of the European Investment Bank, adopted by the Board of Directors of the European Investment Bank on the grounds of art. 31 of the rules of procedure of the European Investment Bank approved by the Board of Governors of the European Investment Bank (EIB) on the grounds of art. 7 of the Statute of the European Investment Bank. "

§ 17. Former art. 343 is it art. 343 g and shall be amended as follows:

"Regulations

Art. 343. The Council of Ministers shall determine by Ordinance:

1. procedures for the transfer of pension rights to and from pension schemes by the European Union, the European Central Bank and the European Investment Bank;

2. ways to calculate the actuarial equivalent referred to in art. 343, para. 1, item 1;

3. how to update under art. 343, para. 1, item 1. "

§ 18. In § 1 of the supplementary provision in para. 3 paragraphs 1 and 2 shall be read with the following adaptations:

"1." the Union's pension schemes are pension schemes governed by the staff regulations of officials of the European Union and the conditions of employment of other servants of the European Union.

2. "institution or body of the European Union ': any institution or body, for which apply the staff regulations of officials of the European Union and the conditions of employment of other servants of the European Union."

§ 19. In the transitional and final provisions the following endorsements are added:

1. In paragraph 4 shall create al. 6 and 7:

"(6) where the persons referred to in para. 1, 2 and 3 apply 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.

(7) in the cases referred to in para. 6 pensionnoosiguritelnoto translates the company 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.

2. § 4 b shall be inserted:


"§ 4 b. (1) insurance of women born from 1 January 1955 to 31 December 1959, including, and of men born from 1 January 1952 to 31 December 1959, including with pensionnoosiguritelnoto company, manages the professional pension fund in which individuals have been insured on 31 December 2010, but were discontinued on the basis of § 4A, al. 9 and faces are not retired until 17 June 2011 under the terms of § 4 para. 1-3 shall be reimbursed, with effect from 18 June 2011, as of the same date are revealed again the individual batches of persons in their respective occupational pension funds.

(2) the persons referred to in para. 1 who retire under the conditions of art. 68, 69 and 69A, be entitled to receive from the National Insurance Institute transferred pursuant to § 4 a, para. 1 means of professional pension fund in which you have been insured on 31 December 2010, and received after this date until 17 June 2011 including contributions to them in the pensions fund of State social insurance, in sizes under art. 157, para. 1, item 2, within 6 months after the filing of an application for the refund.

(3) in the case of certain life permanently reduced working capacity over 70.99 per cent persons under para. 1 are eligible to receive from the National Insurance Institute 50 per cent of the transferred pursuant to § 4 a, para. 1 means of professional pension fund in which you have been insured on 31 December 2010, and received after this date until 17 June 2011 including contributions to them in the pensions fund of State social insurance, in sizes under art. 157, para. 1, item 2, within 6 months after the filing of an application for the refund.

(4) upon the death of the persons referred to in paragraph 1. 1 who have not exercised their right to a pension under § 4 para. 1, 2 and 3, their successors – surviving spouse, descendants or ascendants are entitled to receive from the National Insurance Institute transferred pursuant to § 4 a, para. 1 means of professional pension fund, which has been insured their settlor at 31 December 2010, and received after this date until 17 June 2011 including contributions for him in the pensions fund of State social insurance, in sizes under art. 157, para. 1, item 2, within 6 months after the filing of an application for the refund. When the person has no heirs – surviving spouse, descendants or ascendants, the funds shall be paid into the State budget.

(5) the persons referred to in para. 1 who have not exercised their right to a pension under § 4 para. 1, 2 and 3, and provided that no payment has been made under para. 2, 3 or 4 to 31 December 2014, the National Insurance Institute translates the transferred pursuant to § 4 a, para. 1 means of professional pension fund in which these persons were insured as at 31 December 2010, and the requests made in the pensions fund of the State social insurance after this date until 17 June 2011 including contributions to them in amounts under art. 157, para. 1, item 2, on account of professional pension fund in which persons referred to in para. 1 are provided at 31 December 2014, funds are transferred to the 15 July 2015.

(6) in the cases referred to in para. 3 the National Insurance Institute translated the rest of the transferred pursuant to § 4 a, para. 1 means of professional pension fund in which these persons were insured as at 31 December 2010, and the requests made in the pensions fund of the State social insurance after this date until 17 June 2011 including contributions to them in amounts under art. 157, para. 1, item 2, on account of professional pension fund in which persons referred to in para. 1 are provided at 31 December 2014, funds are transferred to the 15 July 2015.

(7) procedures for selection or change contributions to the professional pension fund, terminated on the basis of § 4A, al. 10, resumed from 18 June 2011.

(8) persons referred to in para. 1 who have not chosen a professional pension fund, choose a professional pension fund by the procedure of art. 140, para. 3 within three months. "

§ 20. In the transitional and concluding provisions of the law amending the social security code (SG. 100 by 2010) is hereby amended as follows:

1. In paragraph 63, the words ' 1 January 2012 ' is replaced by ' 1 January 2013 ".

2. Article 65 is amended as follows:

"§ 65. The law shall enter into force on 1 January 2011, with the exception of:

1. paragraphs 32, 33 and 36, which shall enter into force on January 1, 2013;

2. paragraph 51, which shall enter into force on 1 January 2012. "

Transitional and final provisions

§ 21. (1) not due interest on the obligations established or insured self-employed persons for the cash benefits received for the period until the entry into force of this law in breach of art. 53, para. 4, when a child has been placed in a children's institution, including the nursery.

(2) paragraph 1 shall apply if:

1. the principal repaid in full its obligation within six months of the entry into force of this law, if it is established by entered into force an injunction until the day of the entry into force of this law, including when he was staggered by the procedure of art. 116;

2. the persons to whom the order establishing the obligations entered into force after the date of entry into force of this law, repaid his obligation within 6 months from the entry into force of the order.

(3) within one month from the entry into force of this law the territorial divisions of the National Social Security Institute shall inform the persons referred to in para. 1, which are deferred obligations under art. 116, may make a request to change the conditions for repayment of obligations.


(4) For pogasenite duties pending the entry into force of this law, the National Social Security Institute shall reimburse interest paid to the insured or self employed.

(5) the request for repayment of interest on the Al. 4 shall be made in the relevant territorial unit of the National Social Security Institute within one year of the entry into force of this law. The amount shall be refunded within two months after submission of the request to the bank account of the person.

§ 22. (1) persons who have submitted an application for the grant of a pension on the basis of § 4 para. 1, 2 and 3 of the transitional and final provisions, of 18 June 2011 until the entry into force of this Act shall submit an application and 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.

(2) the request under paragraph 1. 1 shall be made in the relevant territorial unit of the National Social Security Institute, in which the application for the grant of a pension, within three months of the entry into force of this law.

§ 23. The relationship between the National Social Security Institute and pensionnoosiguritelnite companies in connection with the transfer of the funds of the persons referred to in § 4 a, para. 1 and § 4 b, para. 1 of the transitional and final provisions are governed by a contract between the National Social Security Institute and pensionnoosiguritelnite companies, to be agreed with the National Revenue Agency. The contract shall be concluded within one month of the publication of this law in the Official Gazette.

§ 24. In the insurance code (promulgated, SG. 103 from 2005; additional 105/2005; amend. and Suppl., SG. 30, 33, 34, 54, 59, 80, 82 and 105 of 2006, issue 48, 53, 97, 100 and 109 from the 2007 No. 67 and 69 by 2008, 24 and 41/2009 19/41, 43 , 86 and 100 by 2010 and PC. 51 from 2011) in the title of the article. 230 (b), the words "the communities ' pension scheme ' shall be replaced by ' the Union's pension schemes".

§ 25. The law shall enter into force on the day of its publication in the Official Gazette with the exception of:

1. paragraph 2, which shall enter into force on the 1st of the month following that of the entry into force of this Act;

2. paragraph 19, paragraphs 1 and 2 concerning § 4 b, para. 1-7, which shall enter into force on 18 June 2011.

The law was adopted by 41-Otto National Assembly on 26 July 2011 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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