Advanced Search

Law No. 5 Of 30 June 1977 On Pensions And Other Social Insurance Rights Of Peasants In Zones With Individual Household Necooperativizate

Original Language Title:  LEGE nr. 5 din 30 iunie 1977 privind pensiile şi alte drepturi de asigurări sociale ale ţăranilor cu gospodărie individuală din zonele necooperativizate

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 5 5 of 30 June 1977 on pensions and other social security rights of peasants with an individual household in non-cooperative areas
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 61 61 of 8 July 1977



In the Socialist Republic of Romania, the improvement of the pension and social insurance system, its generalization in all categories of working people, is part of the general program of the party and the state of relentless lifting of the level of the life of all people. At present, through the development of agriculture, of the entire national economy, it has become possible to establish, with the support of the state, for the first time in the history of our country, a pension and social insurance system for peasants individual from the non-cooperative areas through which, taking into account their contribution to the central product fund of the State, they shall be guaranteed adequate income in the old age or in the event of invalidity. To that end, The Great National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 General provisions + Article 1 Peasants with individual household from non-cooperative areas have the right to pension and other social security rights, under the conditions of this law. + Article 2 Peasants with individual household in the non-cooperative areas concerned have the following pension rights a) pension for the age limit; b) pension for the total loss or in most of the work capacity; c) survivor's pension. The pension shall be determined according to the following: a) the contribution period to the pension fund; b) the value of products delivered annually to the state fund; c) degree of disability. Peasants with individual household also have the right to healthcare and medicines under the conditions laid down by law. + Article 3 The funds necessary for the payment of pensions and other social security rights granted to peasants with an individual household in the non-cooperative areas shall be made up of: a) personal contribution, of 40 lei monthly, of each member of the individual household who has turned 18 and carries out agricultural activity; the contribution is submitted quarterly; b) the contribution of the state, of 2 percent, established at the value of the products delivered to the state fund by peasants with individual household; the contribution is submitted monthly to the pension and social insurance fund by the parties that take over the agricultural products. The amounts deposited with the pension and social insurance fund of peasants with individual household and their family members have the interest regime of 3 percent. + Article 4 People who receive pension from the state social insurance sector or other sectors of activity with their own retirement systems will also be able to receive the pension due under this law for the period during which they contributed to the pensions and in relation to the value of products delivered to the state fund. The amount resulting from the cumulative pensions will not be able to exceed the level of the social security pension that would have been due to that person if the entire activity had been performed in a state unit. If, by cumulation, this level is exceeded, pensions will be reduced proportionately. + Article 5 Pensions granted to peasants with individual households are not taxable. Applications that have the right to establish the right to a pension, introduced in front of any organs, are exempt from taxes. The right to a pension is unforeseeable. The pension cannot be transferred either totally or partially. + Chapter 2 Entitlement to pension and other social security rights + Article 6 In the pension and social insurance system, all peasants with individual household from non-cooperative areas, as well as family members from whom they carry out agricultural activity in the household, if they have fulfilled Age of 18. + Article 7 The full pension for the age limit is granted throughout life: a) men who have reached the age of 65 and contributed to the pension fund for at least 30 years; b) women who have reached the age of 60 and contributed to the pension fund for at least 25 years. + Article 8 The pension for the age limit is 160-400 lei monthly and is established, in relation to the contribution period and the value of the products delivered annually to the state fund, as follows: Contribution period of annual deliveries to the state fund-lei-over 12.00010.001-12.0008.001-10.0005.001-8.0005.000-years-Amount of monthly pension-lei-30400375350325300 25360330310285260 20320290265245220 15280250225205190 10240210195175160 + Article 9 Peasants with individual household who contributed to the pension and social insurance fund for a period of more than 30 years men and 25 years women will benefit, for each year of contribution in addition, from a 0.5 percent increase in the pension that they receive. Right. + Article 10 Members of individual households that deliver annually to the state fund products worth less than 5,000 lei, but not less than 3,000 lei, will benefit, depending on the contribution period, of 70 percent of the pension established for those who delivers products worth 5,000 lei; those who deliver annually products worth less than 3,000 lei will benefit from a pension representing 50 percent of the pension established, depending on the contribution period, for those who deliver products in value of 5,000 lei. + Article 11 The value of the products delivered annually to the state fund shall be established on the household and shall be taken into account, when establishing the pension, for each family member in the household who paid the personal contribution to benefit from the pension. + Article 12 Peasants with individual household belonging to fruit, wine or livestock associations will benefit from a pension increased by 15 percent. + Article 13 The minimum contribution period entitlement to the pension for the age limit shall be 10 years. Transiently, peasants with individual household may benefit from the pension for the age limit under the following conditions: a) those who have fulfilled or will fulfill until December 31, 1997 the men and 65 years old women and have submitted the contribution for the period 1 July-31 dcember l977 will receive a pension of 100 lei monthly; b) those who will fulfill between January 1, 1978-December 31, 1982 the age of 70 men and 65 years women and have contributed from July 1, 1977 until the fulfillment of that age will receive a pension of 100 lei monthly, which is increased by 10 lei for each year in which they have contributed; c) those who will fulfill until December 31, 1987 the age of 65 men and 60 years women and have paid a period of at least 5 years will receive a pension of 140 lei monthly, which is increased by 10 lei for each 2 years in which they have contributed over the minimum period of 5 years. To benefit from the pension, the people shown at lit. b) and c) are obliged, during the period in which they contribute, to deliver to the state fund products worth at least 5,000 lei annually. In case of delivery of products worth less than 5,000 lei annually, the pension is reduced accordingly, according to the provisions, art. 10. + Article 14 Peasants with an individual household shall be entitled to a pension for the total loss or in most of the work capacity for the duration of the first or second degree of invalidity, if they have made the contribution for at least 10 years. The amount of the pension for the loss of work capacity in the case of invalidity of the first degree shall be determined, in relation to the contribution period, in percentage of the pension for the age limit, as follows: Contribution period 10 years15 years25 years30 years-percentage of the pension for the limit of virsta3545556575 Within each contribution period, the percentages shall be applied in proportion to the number of years of contribution to the pension and social security fund. In the case of invalidity of the second degree the amount of the pension is 85 percent of the pension corresponding to the first degree of disability. After the 65th anniversary of the men and 60 years women, the beneficiaries of the pension for the loss of work capacity can ask for the transformation of this pension into the pension for the age limit to which they are entitled. + Article 15 The survivor's pension is granted, for each child orphaned by one or both parents, until the age of 16, and if a school follows, until its graduation, but without exceeding the age of 25 years. The survivor's pension is granted provided that the parent or, as the case may be, the deceased parents were retired or met the conditions for obtaining a pension. The amount of the pension is 70 lei monthly for each child orphaned by one of the parents and 100 lei annually for each orphan child of both parents. + Article 16 Peasants with individual household and their family members, including those who are retired, benefit, during admission to hospitals, maintenance and medicines during outpatient treatment, according to the law. The expenses necessary for this purpose shall be borne from the pension and social insurance fund of peasants with individual household in non-cooperative areas. + Chapter 3 Establishment and payment of pensions + Article 17 In order to ensure strict compliance with the provisions of the law on the preparation of the retirement acts of the young people of a correct record of all data and other elements on the basis of which pension rights and other insurance rights social pensions and social security commissions of peasants with individual household in the non-cooperative areas, led by the vice-president of the executive office of the popular council and from which they will includes the secretary of the executive office, the health care district doctor, and a number of 5-7 deputies and peasants with individual household designated by the citizens ' assembly. The composition of the commission is approved by the executive office of the communal folk + Article 18 The pension and social insurance committee prepares and forwards the direction for work and social protection issues the retirement file; the direction proposes, according to the law, to the county pension commission, the issuance of the retirement decision or will file the file with the county commission of medical expertise and work capacity recovery. + Article 19 The county pension commissions issue, according to the law, retirement decisions and examine appeals against decisions of pension and social insurance commissions and commissions of expertise and work capacity recovery. Against the decision of the pension commissions you can appeal, within 30 days from the communication, to the Central Pension Commission, which operates at the Ministry of Labour. + Article 20 In order to establish pension rights and other social security rights of peasants with individual households in non-cooperative areas, the "Pension and social insurance card" is introduced, in which the contribution will be highlighted. personal, supplies to the state fund other items that serve to establish these rights + Article 21 Operations on the establishment and administration of funds necessary for the payment of pensions and other social security rights for peasants with individual household in the non-cooperative areas concerned shall be made by the Ministry of Labour, by directions for work problems and social protection and their offices. + Article 22 The contribution period of peasants with individual household from non-cooperative areas shall be taken into account only for the establishment of pension rights and other social security rights, according to the provisions of this law. + Article 23 Pensiilie and the other social security rights shall be granted at the request of the entitled persons. + Chapter 4 Final and transitional provisions + Article 24 The provisions of this law are properly completed with the provisions of the law on state social insurance and social assistance pensions, regarding the payment of pension and its suspension, revision of retirement decisions, recovery amounts paid without basis by way of pension or other related rights, to the appeal against the decision on the classification of invalidity degrees and to the medical review of invalidity pensioners. + Article 25 The provisions of this Law shall apply from 1 January 1978, with the exception of those concerning the contribution of the State, which shall apply from 1 June 1977. This law was passed by the Grand National Assembly at its meeting on June 30, 1977. President The Great National Assemblies, NICOLAE GIOSAN -------------