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Law Amending The Social Security Code

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

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Name of law Law amending the social security code Name of Bill a bill amending the social security code acceptance date 25/02/2010 number/year Official Gazette 19/2010 Decree No 50

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 25 February 2010.

Issued in Sofia on March 4, 2010.

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 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 and St. 23, 25, 35, 41, 42, 93, 95, 99 and 103 of 2009.)

§ 1. In art. 5 create al. 13:

(13) the Executive Director of the National Revenue Agency shall prepare and submit to the Ministry of labour and social policy and in the Supervisory Board of the National Social Security Institute collected information on the amount of social security contributions, trends and measures taken for their collection of six months. "

§ 2. New art. 6a: "contributions and insurance income of persons on secondment in another Member State of the European Union in another country party to the agreement on the European economic area or Switzerland in the Swiss

Art. 6. (1) contributions for employees seconded by the procedure of art. 121, para. 3 of the labour code, are due on the received, including accrued and outstanding, gross monthly wages and salaries, monthly nenačislenite and other income from employment in the host country and in Bulgaria, but not less than the minimum rates of pay in the host country and on no more than the maximum monthly under art. 6, al. 2, item 1.

(2) contributions for persons referred to in para. 1 due to the dimensions of art. 6, al. 1 and shall be distributed between insurers and insured by the procedure of art. 6, al. 3. "

§ 3. In art. 45 para. 4 shall be amended as follows:

"(4) For family members of the insured person shall be deemed its ascending and descending in a straight line, the husband and wife."

§ 4. (G) article 123 shall be replaced by the following:

"Information system

Art. 123. (1) For the supplementary pension scheme the company builds and maintains information system which shall comply with the requirements laid down by regulation of the Commission.

(2) the information system must provide the implementation of electronic data interchange in accordance with the rules laid down by the Administrative Commission under art. 71 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as well as by national data exchange it. "

§ 5. In art. 202 creating al. 3:

"(3) Pensionnoosiguritelnoto company may collect an additional fee to $ 20. in the event of transfers of funds to the individual lot in the communities ' pension scheme pursuant to art. 343, para. 1, item 2. The fee is paid by the insured person. "

§ 6. In art. 257, para. 1 creating item 4: "4. in the event of transfers of funds to the individual lot in the communities ' pension scheme pursuant to art. 343, para. 1, item 2. "

§ 7. After art. 343 establishes part two "a" with art. 343 – 341 is:

"PART TWO" A "

INTERACTION WITH THE COMMUNITIES ' PENSION SCHEME

Chapter thirty-eight "a"

TRANSFER OF PENSION RIGHTS TO AND FROM THE COMMUNITIES ' PENSION SCHEME

Law on transfer of pension rights in the communities ' pension scheme

Art. 343. (1) Provided by the Bulgarian legislation, a person who did the work as a servant of the communities, shall have the right to transfer to the pension scheme of the communities together or separately by choice: 1. the actuarial equivalent of the pension rights of old-age pensions fund of the State social insurance;

2. the funds in your individual lot in universal pension fund and/or the professional pension fund, and/or to a Fund for additional voluntary pension insurance schemes.

(2) the circle of persons entitled to transfer, as well as the manner of its exercise is governed by the staff regulations of officials of the European communities and the conditions of employment of other servants of the communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 of 29 February 1968.

(3) the transfer of the resources of the Al. 1, item 1, shall be carried out if it is not granted a pension of State social insurance related to employment.

(4) the transfer of the resources of the Al. 1, item 2 shall be carried out, if not a pension was awarded by the Fund for supplementary pension schemes and is not a contract for one-time or deferred payment of funds to individual batch.

(5) for the transfer of funds to the pension scheme of the communities shall not apply restrictions on transfer under art. 171, para. 1 and 2, art. 236, para. 3 and art. 247, para. 4.


(6) the costs of the bank transfer shall be borne by the National Insurance Institute or company pensionnoosiguritelnoto, from which the transfer is made.

Consequences of the transfer of pension rights in the communities ' pension scheme

Art. 343 b. (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 a retirement pension.

(2) with the transfer of the resources of the art. 343, para. 1, item 2 on the account of the Community body shall be extinguished by the right to a pension fund for supplementary pension schemes, and the individual batch in the Fund is closed.

(3) in the event that the person has transferred their pension rights from the State social insurance and retained his rights in the supplementary pension fund, it:

1. acquire a pension from a universal pension fund upon retirement from the pension scheme of the communities or the age of the age for acquiring the right to a retirement pension under art. 68, para. 1-3 or under the conditions of art. 167, para. (2);

2. acquire pension rights from the Fund for additional voluntary pension insurance schemes at the age of 60 years of age or up to 5 years before the age;

3. you may download your funds from a professional pension fund upon retirement from the pension scheme of the communities or of a universal pension fund.

Law on transfer of pension rights from the pension scheme of the communities

Art. 343. (1) the person whose relationship with the Community body, which has been provided to the pension scheme of the communities has been terminated shall be entitled at their own option to transfer the funds representing the acquired by him in this scheme pension rights:

1. in the pensions fund of State social insurance, as well as in the universal pension fund, if born after December 31, 1959, or

2. the Fund for additional voluntary pension insurance that pays lifetime pensions, or

3. an insurer who is authorized to carry on business under section I, paragraph 1 (b)-"a pension or annuity insurance", of annex 1 of the insurance code.

(2) the circle of persons entitled to transfer, as well as the manner of its exercise is governed by the staff regulations of officials of the European communities and the conditions of employment of other servants of the communities.

(3) the transfer of the resources of the Al. 1, item 1, shall be carried out when the person start exercising work activity that is subject to compulsory insurance under this code.

Consequences of the transfer of pension rights from the pension scheme of the communities in the State social insurance and funds for additional compulsory pension insurance

Art. 343. (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 communities as follows:

1. in cases where funds were transferred to the pension scheme of the communities by the procedure of art. 343 and they do, olihveni at the date of the transfer back to the pensions fund of State social insurance and the relevant types of supplementary pension funds, which have been translated;

2. for a person born before January 1, 1960-the pensions fund of the State social insurance; transfer funds, calculated on the basis of the charges on which the person is insured during the entire period of service in the communities, and amount of the contribution at the time of the transfer;

3. a person born after 31 December 1959 – the pensions fund of State social insurance and the universal face pension fund; transfer funds, calculated on the basis of the charges on which the person is insured during the entire period of service in the communities, and the size of the contribution at the time of the transfer.

(2) for the calculation of the resources of the Al. 1, 2 and 3 shall apply the restriction on the maximum amount of the monthly insurance income in the Republic of Bulgaria at the time of the transfer.

(3) the amount of the sum over the Al. 1, paragraphs 1 and 2, respectively, paragraph 3 shall be transferred into the Fund chosen by the person for an additional voluntary pension insurance.

(4) For pensionable service in the Republic of Bulgaria is recognised the sum of internship under art. 343 b, para. 1 and actual experience in the communities, including the insurance periods from other countries considered in the placement of the communities.

Consequences of the transfer of pension rights from the pension scheme of the communities only in the Fund for additional voluntary pension insurance

Art. 343 e. a person transferred only in a Fund for additional voluntary pension insurance funds, representing his pension rights by the communities ' pension scheme:

1. is not entitled to withdraw it before acquiring entitlement to a pension under item 3;

2. is not entitled to a lump-sum payment or installment of funds under art. 248. (2);

3. acquire pension from this Fund in the age of the age for acquiring the right to a retirement pension under art. 68, para. 1-3;

4. is entitled to receive only a lifetime pension from this Fund.

Regulations

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

1. procedures for the transfer of pension rights to and from the pension scheme of the communities;

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

3. ways to interest under art. 343, para. 1, item 1. "

§ 8. In art. 344, para. 1 in the text before paragraph 1, after the words "part two" are added "and two" a ".


§ 9. In art. 351, para. 1, after the words "part two" is added "or a" part two ".

§ 10. In art. 354, para. 1, after the words "part two" are added "and two" a ".

§ 11. In § 1 of the supplementary provision the following amendments and additions:

1. In paragraph 8. 1 item 10 is created:

"10." minimum rates of pay are determined by the national legislation and/or practice in the host country. "

2. a new paragraph. 3:

"(3) for the purposes of part two of this code:

1. "the communities ' pension scheme" means the pension scheme governed by staff regulations of officials of the European communities and the conditions of employment of other servants in the communities.

2. "Community body" means any body which shall apply the staff regulations of officials of the European communities and the conditions of employment of other servants in the communities.

3. the "Actuarial equivalent of the pension rights for old age" is the present value of all future pension payments, which the insured person would have received after retirement and the corresponding to the experience gained by him retirement. "

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

Additional provision

§ 12. This law shall establish the requirements of the Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services.

Transitional and final provisions

§ 13. This law shall apply to applications for transfer of pension rights, pending its entry into force.

§ 14. The Council of Ministers shall adopt Ordinance referred to in art. 343 is within 6 months from the promulgation of this law in the Official Gazette.

§ 15. In the insurance code (promulgated, SG. 103 from 2005; amend., SG. 105 by 2005, issue 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 and no. 24 and 41 of 2009) creates art. 230 (b):

"Insurance for pension or annuity on transfer of pension rights from the communities ' pension scheme

Art. 230 (b). When you signed on transfer of pension rights under art. 343 c, para. 1, item 3 of the social security code, insurance contracts for a pension or annuity settled: 1. ensure a lifetime monthly payments to the insured not earlier than the age of 60 years of age and no later than the age of 65 years of age;

2. inadmissibility for termination of the contract before the age of the age in it under item 1 and after starting life monthly payments;

3. payment of the amount due under insurance contract amount the heirs or beneficiaries of third parties upon the death of the insured person. "

§ 16. 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, 53, 59, 97, 100 and 113 of 2007, PC. 37, 110 and 71 of 2008, PCs. 35, 41, 42, 93, 99 and 101 of 2009.) the following modifications are made:

1. In paragraph 19 of the transitional and final provisions in the Al. 3 the words "art. 40 a, para. 4 and 5 "are replaced by" article. 40 a, para. 2 and 3 ".

2. In paragraph 69 of the transitional and concluding provisions of the law amending and supplementing the law on health insurance (SG. 101 of 2009) the words "March 1" shall be replaced by ' 30 June '.

§ 17. Paragraph 2 shall enter into force six months after the entry into force of this Act and apply to secondments, which are subject to national legislation, as applicable under Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and to members of their families moving within the community and § 16, item 2 shall enter into force on 28 February 2010.

The law was adopted by 41-Otto National Assembly on 25 February 2010 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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