The Parliament adopts this organic law.
Art. I.-Article 21 of law No. 909-XII of 30 January 1992 on the social protection of citizens who suffered from the Chernobyl catastrophe (republished in the Official Gazette of the Republic of Moldova, 2004, nr. 80-82, art. 410), with amendments and additions thereto, shall read as follows: "Article 21. Indexation of pensions Pensions are indexed under the conditions of art. 13 of law No. 156-XIV of 14 October 1998 relating to the public pension system. "
Art. II.-Law nr. 544-XIII of 20 July 1995 on the status of judges (republished in the Official Gazette of the Republic of Moldova No. 2013, 15-17, art. 63), with amendments and additions thereto, shall be amended as follows: 1. Article 32 shall read as follows: ' article 32. The Judge's pension is entitled to a pension under the terms of the law No. 156-XIV of 14 October 1998 relating to the public pension system. "
2. Article 322 is hereby repealed.
Art. III.-Law nr. 156-XIV of 14 October 1998 relating to the pensions of State social insurance (republished in the Official Gazette of the Republic of Moldova, 2004, nr. 42-44, art. 247), with subsequent amendments and additions, is modified and completed as follows: 1. in the title the words "law, pensions of State social insurance" shall be replaced with the words ' public pension system ".
2. Article 1 shall read as follows: "Article 1. The object and purpose of the law (1) this Act establishes the legal framework of the public pension system, as well as its interaction with the public social insurance system and other State social protection mechanisms.
(2) the purpose of this law lies in securing a fair pension system sustainable, to ensure a decent living for recipients of pensions. "
3. The Act is supplemented by article 11 having reads: "Article 11. The public pension system (1) Public Pensions represent all categories of pensions, entitlements, whose establishment and payment are guaranteed by the law of the State.
(2) the public pension system is organized and operates on the principles of the public social insurance system; 3 of law No. 489-XVI of 8 July 1999 concerning public social insurance system. "
4. Article 2 shall read as follows: "Article 2. Pension rights (1) the right to a pension is the person domiciled in the Republic of Moldova which satisfies the conditions laid down in this law.
(2) the right to a pension is imprescriptibil.
(3) the right to a pension may not be transferred, in whole or in part. "
5. In article 4 (2): (a)) shall read as follows: ' a) social security contributions by the State "in subparagraph (b)) is hereby repealed.
6. In article 5 (2) shall be supplemented by the letters d)-g) having read: "d) period of care of a child with severe disability under the age of 18 years by one of the parents, guardian, curator, hiring of personal assistant;
e) rezidențiat period in education postgraduate;
f) non-contributory periods of activity as judge and Prosecutor until 31 December 2005;
g) periods in which the activities have been carried out as specified in art. 50 para. (1) (a). d) and (e)) until 1 January 1999. ' article is completed (3) having the following content: "(3) periods treated as internship contribution referred to in paragraph 1. (2) I can't sum up a total of more than eight years, with the exception of those referred to in points. A1), b), (d) and (f))). "
7. Article 6: paragraph (2), the words "the minimum amount of monthly contributions may not be less than the amount of contributions calculated from the monthly minimum wage set by the country's laws." shall be replaced with the text: "If the annual amount of contributions paid is less than the amount of the annual contributions calculated from the monthly minimum wage established by law by country the qualifying period of contribution, is apportioned money. "in paragraph 3, the words" where they were executed with seasonal works "shall be replaced with the text" work of a seasonal nature ".
8. Article 7: single paragraph becomes paragraph 1;
in paragraph 1, the word "code" shall be replaced with the word "account";
article is completed (2) having the following contents: "(2) the confirmation of non-contributory periods treated as such, as referred to in art. 5 para. (2), shall be determined by the Government. "
9. Article 8: the title shall read as follows: ' article 8. The average monthly insured income ";
paragraph (1) shall be completed in the final text ", valued at the time of establishing the pension";
Article shall be supplemented (11) given the following table of contents: "(11) Valuing income represents the average monthly insured indexing accomplished starting January 1, 1999, concluding from the coefficient of increase in the average salary on economy in contributory periods up to the year preceding the year of establishment of the pension. Valued coefficients for each year is approved by the Government each year on April 1st. "in paragraph (2), the words" the period of contribution "shall be replaced with the text" contributory periods, "and after the word" established "insert the words" by law for these periods ";
(3) shall read as follows: "(3) for the periods specified in article 2. 5 para. (2) letter a), b), d) and (e)), the determination of the average monthly insured income as of 1 January 1999 shall be taken into account in the monthly minimum wage by country at the time of calculating the pension. For the periods specified in article 2. 5 para. (2) (a). A1) and f), the average monthly insured income determination as of 1 January 1999 shall be taken into account, the average monthly salary in the country at the time of calculating the pension. "in paragraph (5) shall be repealed;
at paragraph 9, the words "art. 5 para. (2) letter a) and a1) "shall be replaced with the text" art. 5 para. (2) (a). a), a1), d), (e) and (f))) ".
10. Article 9 shall be completed in the end with the letters d and e)) having read: "d) special pension;
e) anticipated retirement age limit. "
11. Article 10 shall read as follows: "Article 10. Special special Pension Pension means a pension determined and paid public under other laws. "
12. Article 12 shall read as follows: ' article 12. Minimum pension (1) the amount of the minimum pension for age limit is equivalent to the amount of the guaranteed minimum monthly income established by law.
(2) the amount of the minimum pension disability means: a) in the case of severe disabilities-75% of the guaranteed minimum monthly income amount determined by law;
(b) in the case of disabilities) increased to 70% from the amount of the guaranteed minimum monthly income established by law;
(c) in the case of disabilities) medium-50% of the guaranteed minimum monthly income amount set by law.
(3) where the amount of the pension is calculated in accordance with the law is less than the amount of the minimum pension for the category concerned, the difference between those amounts shall be covered from the State budget. "
13. Article 13: paragraph (1), ' of ' and ' media, and the annual increase of the average salary per country "is excluded;
Article shall be supplemented (11) given the following table of contents: "(11) where the annual increase of the consumer price index is lower than 2%, indexing is performed. The following will be indexing where an increase in the consumer price index from the previous cumulative indexation shall constitute not less than 2%. "in paragraph (2), the words" paragraphs 1 and 2. (5) "shall be replaced with the words ' paragraphs 1 and 2. (3)”.
14. In article 14, the words "referred to in art. 41 and 42 "shall be replaced with the words" relating to retirement ages and stages of contribution provided for by the present law ".
15. Article 15 shall read as follows: ' article 15. The conditions for establishing the pension for age limit (1) Pension for age limit can be set at the fulfillment of God's standard of retirement. 41, provided the minimum contribution to the completion of the traineeship for 15 years.
(2) the insured person which in the standard retirement age, there is no minimum qualifying period of contribution referred to in paragraph 1. (1) is entitled to benefit under the law No. 499 of 14 July 1999 on the State social allocations for some categories of citizens.
(3) where, at the standard pensionable age, the insured person does not exercise his right to a pension, the pension will be taking into account the stage of contribution made to the date of the request. "
16. The Act is supplemented by article 151 reads: "given in article 151. Early pension for age limit (1) the insured person who has completed the probationary full contribution period under article 13. 42 para. (1) may require the establishment of old-age pension with no more than three years before the standard retirement age fulfilment of 63 years for men and women.
(2) in calculating the contribution required internship grant early retirement pension for age limit does not take into account non-contributory periods under article 4. 5 para. (2) and article 3. 50 para. (1) (a). d) and (e)).
(3) the anticipated amount of the pension shall be determined under the same conditions in which it is established that of the old-age pension.
(4) the date of completion of the cumulative conditions for granting pensions for age limit provided for in art. 15 para. (1) shall be provided, upon request, receive a pension for age limit by adding the assimilated periods and non-contributory contributory. "
17. Article 16 shall read as follows: "Article 16. Calculation of the pension for age limit (1) the amount of the pension for age limit shall be determined according to the formula in annex 4. 2, adjusting the rate of accumulation of 1.35 percent, the average monthly insured income, valued in accordance with the provisions of art. 8, 2008, and the contribution made.
(2) where the amount of the pension calculated for a period of contribution referred to in article 1. 42 para. (1) is less than the amount of the minimum pension set out in art. 12(3). (1) the minimum widow's pension shall be granted.
(3) where a pension calculated under the conditions of an incomplete contribution period is below the level of the minimum pension, the insured person is granted a pension calculated, which may not be less than the minimum pension contribution diminished proportionately internship. "
18. Article 18 shall be completed in the final text ", approved by the Government."
19. In article 20, paragraph 1, table no. 1 shall read as follows: "Table No. 1 Year from the date of the finding dizabilității
The qualifying period of contribution (years)
Up to 23 years old
2
23-29 years
4
29-33
7
33-37
10
37-41
13
Over 41 years
15 "
20. In article 21, paragraph (2) shall read as follows: "(2) where the amount of the disability pension is calculated according to the degree of disability is less than the amount of the minimum pension payable as set out in article 12 paragraph 2. (2) (a). a)-c), is granted the minimum widow. "
21. In article 24, paragraph (1) shall read as follows: "(1) a survivor's pension shall be granted if the deceased person eligible for old-age pension or disability pension were satisfied the conditions for obtaining the times of a disability pension as referred to in chapter II, section 3 of this Act."
22. Article 26(2) shall read as follows: "article 26. The calculation of the survivor's pension (1) a survivor's pension, if the maintainer was a beneficiary of old age pension or disability pension, is determined as a percentage of the pension for age limit or severe disability pension in payment or updated where appropriate and where the maintainer was not the beneficiary of the pension or pension beneficiary was previously a sharp or medium shall be calculated as a percentage of the potential pension for severe disability. The amount of the survivor's pension shall be calculated in the amount of 50% for each survivor.
(2) the amount of the survivor's pension in the case of children left without parental care in the wake of the death of both parents represent the sum of the rights of the survivor's pension calculated according to each parent. "
23. Article 27 shall be completed (3) given the following table of contents: "(3) the categories of survivors. 25 lit. (b)), to full state maintenance, the survivor's pension shall be paid in the amount of 25% of the pension. "
24. Articles 28 and 29 shall be repealed.
25. Article 33: (1) shall be supplemented with the letter c) having read: ' (c)) people who continue to work after the realization of the right to old-age pension. "in paragraph (4) shall read as follows:" (4) the pensioner applying for transfer to one of the categories of pensions provided for in this law who has previously received may opt for a pension fixed in advance taking into consideration all lodging and recalculations performed up to the date of transfer. "article is completed (41) having the following contents: "(41) Retirees who work or have worked in employment after entitlement to old-age pension under the conditions of this law may seek review of the pension no more often than once every two years, provided that a pension calculated according to the formulae contained in the annex, part and parcel of the present law, is greater than the pension in payment."
26. Article 34 shall be supplemented by paragraphs (4) and (5) given the following table of contents: "(4) the expenditure for payment of pensions of Deputies, members of the Government, civil servants, local elected politicians and prosecutors are as follows: 50% of the size of the pension established and subsequently indexed-from the State social insurance budget and 50% of the size of the pension determined-from the State budget (5) Expenses for payment of pensions to judges and judges ' salaries and monthly for life granted prosecutors are as follows : 50% of the size of the monthly pension for life-from the State social insurance budget and 50% of the size of the monthly pension for life-from the State budget. "
27. In article 35, paragraph (1) shall read as follows: ' (1) set out the time and neîncasată shall be paid retroactively from the date of the suspension. "
28. In article 38, paragraph (1) shall read as follows: "(1) Deductions from pension shall be made on the basis of: (a)), according to documents the code of execution;
(b) decisions issued by the body) of social security in order to recover amounts wrongly paid by way of pension beneficiary. "
29. Article 39 (7), after the words "false data" insert text "or concealing the circumstances provided for in article 10. 39 in paragraph 1. (6)”.
30. In article 41: (1) and (2) shall read as follows: ' (1) as of 1 July 2019, is determined by the standard retirement age of 63 years for men and, as of July 1, 2028, the standard retirement age of 63 years for women. Reaching these ages is achieved by increasing the annual standard retirement ages, according to eșalonării set out in table no. Table No. 2. 2
De la 1 iulie
The standard retirement age
Men
Women
2017
62 years 4 months 57 years 6 months
2018
62 years 8 months 58 years
2019
63 years 58 years 6 months
2020
63 ani
59 ani
2021
63 years 59 years 6 months
2022
63 years
60 years
2023
63 years
60 ani 6 luni
2024
63 years
61 years
2025
63 years old 61 years 6 months
2026
63 years
62 years
2027
63 years
62 years 6 months
2028
63 years
63 years
(2) on 1 July 2017, for women who have recently given birth and educated until the age of 8 years five and more children apply to standard retirement ages according to table nr. 2, but minus the 3 years., "paragraph (3) are repealed.
32. Article 42: (1) shall read as follows: "(1) full stage of contribution of 34 years for men: starting with 1 July 2018 and for women starting July 1, 2024, according to eşalonării set out in table no. Table No. 5. 5
De la 1 iulie
Probationary full contribution
Men
Women
2017
33 years 6 months 30 years 6 months
2018
34 years old
31 years
2019
34 years old
31 years 6 months
2020
34 years old
32 years old
2021
34 years old
32 years 6 months
2022
34 years old
33 years
2023
34 years old
33 years 6 months
2024
34 years old
34 years old
in paragraph (11) shall be repealed.
32. Chapter VI is repealed.
33. Article 50: under paragraph (1): in the introductory part, the words "the entry into force of this law" shall be replaced with the words ' 1 January 1999 ';
the letter d) shall read as follows: "(d)) invalid care degree, an invalid child under 16 years of age or of a person who has exceeded the age of 75 years;" the letter f) is repealed;
paragraphs (2) and (3) shall read as follows: "(2) the procedure for inclusion in the qualifying period of contribution periods referred to in paragraph 1. (1) shall be determined by the Government.
(3) expenditure incurred included in the qualifying period of contribution periods specified in paragraph 1. (1) (a). d) and (e)) shall be covered from the State budget. "
34. The Act is supplemented by article 521 having reads: "Article 521. The average monthly insured income valuation for pensions contained in (1) the average monthly insured Income achieved starting January 1, 1999 and included in the calculation of old-age pensions and the pension of disability established by April 1 2017, is valued by adjusting the average salary increase in the economy in the year preceding the year of establishing the pension income in relation to the achievement of the year secured with the determination of the difference in the size of the pension.
(2) the difference in the size of the pension obtained shall be indicators of cumulative indexation coefficient of pensions from the year of establishing the pension income until the year valorizării, established by the Government, and added to the amount of the pension in payment on the date valorizării.
(3) the value of the pension for retirement pension and disability established by April 1 2017 will be done in stages. In the year 2017, starting April 1, will be valuing pensions pension beneficiaries as established during 2001-2008. "
35. In article 53: (1) and (2) shall read as follows: "(1) a pension for age limit is determined by aggregating internship contribution made for the period up to 1 January 1999 and 1 January 1999.
(2) a pension for retirement shall be calculated in accordance with art. 16, the average monthly insured income valued made after January 1, 1999, taking into account the stage of contribution. "article is completed (21) given the following table of contents:" (21) where, as of 1 January 1999, the policyholder has not achieved a contribution period or probationary contribution made after that date is less than 5 years old, he is calculated according to the formula appear in annex No. 4. "in paragraph 3, the words" paragraphs 1 and 2. (1) "shall be replaced with the words ' paragraphs 1 and 2. (21) "and the text" para. (5)-(6) "shall be replaced with the words ' paragraphs 1 and 2. (2) to (3) ".
36. Articles 54 and 55 shall be repealed.
561. Article 37: (1): the letter a), after the word "years" insert the words "in their respective" functions;
in subparagraph (b)), after the word "years" insert the words "in their respective" functions, and finally insert the text "(taking into account the functions referred to in subparagraph (a). a))”;
(3) shall read as follows: "(3) For which the insured person has worked in the functions referred to in paragraph 1. (1) a pension shall be calculated in accordance with the annex. 2 or annex. 4. "the article is supplemented by paragraphs (5) and (6) given the following table of contents:" (5) in calculating the contribution of internship for granting pension rights to some categories of employees in the field of culture is taken into account only the periods of actual activity in functions within the institutions of national culture, State and municipal.
(6) the list of national culture, State and municipal government are hereby approved. "
38. Appendices. 1-4 shall read as follows: "annex. 1 Formula for calculating the income of the average monthly insured income of the average monthly insured valued valued is calculated by the formula: ∑ coni---------x Kvi Vav = ci-------------, n where: Vav-the average monthly insured income valued;
Magic sum of the individual contributions-paid contribution period i;
But listing individual contribution-determined during the period i of contribution;
Kvi-coefficient of valorisation of the insured income;
n-number of months for which there were calculated and paid contributions.
Annex 4. 2 the Formula for calculating pension for age limit for Retirement Pension is calculated by the following formula: P = 1.35% x x Tt Vav, where: P-the amount of pension;
1.35%-the rate of accumulation for the contribution made after 1 January 1999, calculated as a percentage;
TT-total contribution stage;
VAV-the average monthly insured income valued, determined in accordance with annex. 1. Annex 4. 3 Formulas for calculating pension disability Pension for disability in relation to the degree of disability, is given by the formulas: severe disability: Tt: P = 0.42 x Vav +-------Vav 0.1 x x;
Tmax stressed: Tt P = 0.35 x Vav +-------Vav 0.1 x x;
The mean Tmax:
TT P = 0.20 x Vav +-------x x 0.1 Vav, Tmax: P-the amount of pension;
VAV-the average monthly insured income valued, but which may not be higher than double size of the average salary for the year preceding the country establishing pension;
TT-total contribution stage;
Tmax-stage contribution maximum potential at the age of 18 years until retirement ages set under article 6. 41 para. (1) but not more than 40 years.
Annex No. 4 Formula for calculating pension for age limit under the terms of art. 53 para. (21) P = Pmin Tt-x-x 2Tmin where: Knp, P-the amount of the pension;
Minimum Pmin-pension for age limit from the date on which the pension;
TT-total contribution stage;
Tmin minimum granted probationary-pension rights;
KNP-professional level coefficient which is equal to: 1.0-for farmers, unskilled workers (category 1-2 qualifying) and qualified staff;
1.2-workers with skill-average (category 3-4 skill);
1.5-for workers with high skill (class 5-8 skill) and specialists with specialized secondary education;
1.8-for specialists with higher education;
2.0-management personnel for mid-level structural subdivision;
3.0-for heads of units and their alternates. "
39. Annex 4. 5 shall be repealed.
Art. IV.-Law nr. 489-XIV of 8 July 1999 concerning the public system of social insurance (Official Gazette of the Republic of Moldova, 2000, no. 1-4, art. 2), with amendments and additions thereto, shall be read as follows: 1. Article 3 shall be supplemented by the letters h) and (i)), with the following content: "h) the principle of imprescriptibilităţii, according to which the right to a pension shall not prescribe;
I) principle incesibilității, according to which pension rights cannot be transferred, in whole or in part. "
2. Article 4 shall be added in point 11) having read: ' 11) who meet military service under the contract, the people in the body and the organs of internal affairs troops and prison system, officers and employees of the State security bodies and the national Anticorruption Centre;% quot%.
3. In article 21, paragraphs (3) and (4) shall be repealed.
4. Article 29 shall be repealed.
5. Article 37 shall read as follows: "Article 37. Non-contributory periods treated as internship contribution In the public system are treated as internship for non-contributory periods of contribution referred to in article 1. 5 para. (2) of the law on the public pension system. "
6. Article 39 shall be repealed.
Art. V.-Article 7 of law No. 289-XV of 22 July 2004 on allowances for temporary incapacity for work and other social security benefits (Official Gazette of the Republic of Moldova, 2004, nr. 168-170, 773), with subsequent amendments and additions (3) shall read as follows:
"(3) the insured Income for the months included in the calculation for determining the cost-base of social insurance allowances may not exceed the amount of the monthly average salaries 5 on economy forecasted for the year multiplied by 12 or the number of months during which the insured person has realized income. If the account is included in the calendar year is incomplete, the insured income proceeding from plafonează to the number of months in which the income was secured for the year. The medium monthly salary on economy forecasted is approved by the Government. "
Art. Vi.-in article 6 (1) (e)) of law No. 278-XVI dated 14 December 2007 relating to tobacco control (republished in the Official Gazette of the Republic of Moldova, 2015, nr. 258-261, art. 489), with amendments and additions thereto, including the ' old-age retirement in advantageous conditions, "and" in connection with harmful conditions and heavy work "are excluded.
Art. VII.-in article 42 (5) of law No. 158-XVI dated 4 July 2008 concerning the public function and status of public official (Official Gazette of the Republic of Moldova, 2008, no. 230-232, art. 840), with subsequent amendments and additions, the words "3 years" shall be replaced with the text "5 years".
Art. VIII.-(1) this law shall enter into force on January 1, 2017.
(2) Section 9 of the article 8 (1) and (11), 12, 17, 34, 38 and 39 of article III of this law shall enter into force on April 1, 2017, and article II and article III, section 32, in the image of article 462, enters into force on 1 January 2018.
(3) Section 25 of article III in the second paragraph of article 33 (1) (c)) and (41) apply in the case of pensions for age limit be established starting 1 January 2017.
(4) since 1 April 2017, supported financially by the State, in compliance with article III of the law. 147 of 17 July 2014 for the modification and completion of some legislative acts (Official Gazette of the Republic of Moldova No. 2014, 223-230, art. 505), with subsequent amendments and additions, there is established.
(5) the Government shall, within six months, will bring its normative acts in compliance with this law.
(6) the provisions of this law shall not apply to civil servants at the time of entry into force of this law, have a track record of contribution made by the 33-year-old men and women 30 years of age and at least 15 years in public service. Public officials acknowledge will exercise his right to a pension in accordance with the provisions of chapters V and VI of law No. 156-XIV of 14 October 1998 relating to the pensions of State social insurance, up to the moment of the adoption of this law.
