Law No. 5 of 30 June 1977 on pensions and other social insurance rights of peasant household in zones with individual ISSUING NATIONAL ASSEMBLY necooperativizate Published in the Official Gazette nr. 61 of 8 July 1977 In the Socialist Republic of Romania, improving the system of pension and social insurance, the generalization to all categories of working people, are part of the general programme of the party and rule of continual uplift in the level of life of the whole people.
Currently, through the development of agriculture, the 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 system of pensions and social security for peasant household in zones with individual necooperativizate through which, taking into account their contribution to the central Fund of the State's products, to ensure the achievement of adequate income from old age or disability.
To this end, the National Assembly of the Socialist Republic of Romania adopts this law.
Chapter 1 General provisions Article 1 the peasant household in zones with individual necooperativizate are entitled to a pension and other social insurance rights under this law.
Article 2 the peasant household in zones with individual necooperativizate have the following rights to pension) pension for age limit;
b) total loss or pension, for the most part the work capacity;
c) survivor's pension.
The pension is determined on the basis of the following elements: (a) the contribution period) the Pension Fund;
b) value of the products delivered annually to fund State;
c) degree of invalidity.
Peasants with individual household are entitled also to health care and medicines under the conditions provided by law.
Article 3 funds required payment of pensions and other social insurance rights shall be granted to farmers in areas with individual household necooperativizate consists of: a) personal contribution, 40 lei per month for each household member that has turned 18 and carries out agricultural activity; the contribution shall be filed on a quarterly basis;
(b)), State contribution 2 percent the value of the products delivered to the State Fund for peasants with individual household; the contribution shall be deposited monthly pension and social security contributions by parties that take agricultural products.
The amounts secured by way of the Pension Fund and social security of the peasant household and with individual members of their family have interest rate regime of 3 per cent.
Article 4 persons who receive a pension from the State social insurance sector or in other sectors of activity with its own retirement systems will be able to receive due retirement pension based on this Act for the period in which they contributed to the Pension Fund and in relation to the value of the products delivered to the State Fund. the cumulative Amount of pensions will not be able to exceed the level of the social security pension would be due to the person concerned if the entire business It would have been done in a unit of the State.
Where cumulate, it exceeds this level, the pensions will be reduced proportionately.
Article 5 the pensions provided farmers with individual household are not taxable.
Applications which have the purpose to establish entitlement to a pension, introduced before any organs are exempt from taxes.
Pension rights is imprescriptibil.
The pension cannot be ceded nor totally nor partially.
Chapter 2 the right to pension and other social insurance rights in article 6 In the pension system and social insurance are included, all the peasants with individual household necooperativizate areas, as well as members of the family from which they carried on farming in the household, if they have reached the age of 18.
Article 7 the full Pension for age limit shall be granted throughout the life: a) men who have reached the age of 65 years and have contributed to the Pension Fund at least 30 years;
b) women who have reached the age of 60 years and have contributed to the Pension Fund at least 25 years.
Article 8 age limit pension is 160-400 lei a month and shall be fixed in relation to the period of the contribution and value of the products delivered annually to fund State as follows: the amount of the annual contribution to the Fund supplies State-law-over 12,000 10,001-12,000 8,001-8,000 5,000-10,000 5,001-years-the amount of the monthly pension-law-30 400 375 350 325 300 25 360 330 310 285 260 20 320 290 265 245 220 15 280 250
225 205 190 10 240 210 195 175 160 Article 9 Peasants with individual household that contributed to the Pension Fund and social security for more than 30 years men and 25 women will receive, for each year of contribution in addition, an increase of 0.5 per cent of what it should be.
Article 10 the members of individual households which delivers annual State Fund products worth less than 5,000 lei, but no less than 3,000 lei will benefit, depending on the contribution period, 70 percent of a pension for those who deliver products worth 5,000 lei; those who deliver products annually worth less than 3,000 Lions will receive a pension representing 50 per cent of the pension determined according to the period of contribution, for those who deliver products worth 5,000 lei.
Article 11 the value of products shipped annually to fund State is determined per household and is taken into account in fixing the pension for each family member of the household who paid personal contribution for the benefit of the pension.
Article 12 individual household with Peasants who form part of wine-growing, fruit-growing associations or zootechnical checks will benefit from a pension increased by 15 per cent.
Article 13 minimum contribution that entitlement to a retirement pension for age limit is 10 years.
In a transitional way, peasants with individual household may receive a pension for age limit under the following conditions: (a) those who have fulfilled) or be fulfilled until 31 December 1997 at the age of 70 years men and women 65 years and have made a contribution for the period from 1 July to 31 dcembrie l977 will receive a pension of 100 lei per month;
b) who will be fulfilled during the period from 1 January 1978 to 31 December 1982 at the age of 70 years men and women 65 years and have lesser amounts from 1 July 1977 to the fulfillment of the age in question will receive a pension of 100 lei per month, which is increased by 10 cents for every year they have lesser amounts;
c) who will fulfill until Dec. 31, 1987 at the age of 65 years men and women 60 years and have lesser amounts for a period of at least five years would receive a pension of 140 lei monthly, which is increased by 10 cents for every 2 years they have lesser amounts over the period of at least five years.
To qualify for a pension, persons referred to in subparagraph (a). b) and (c)) that are obliged, during which contributes to deliver products to the State Fund worth at least 5,000 lei per year. In the case of delivery of goods worth less than 5,000 lei annually, the pension is reduced accordingly, in compliance with art. 10. Article 14 Peasants with individual household shall be entitled to a pension for total loss or for the most part the work capacity throughout the invalidity of grade I or II if they deposited the contribution of at least 10 years.
Amount of the pension for the loss of work capacity in case of invalidity degree shall be determined in relation to the period of contribution, as a percentage of the pension for age limit, as follows: the period of contribution years 15 years 10 years 20 years 30 years 25-percentage of old-age pension 35 45 55 65 75 within each period of contribution percentages apply in proportion to the number of years of contribution to the Pension Fund and social security.
In the case the invalidity degree amount of the pension is 85 per cent of the corresponding pension for invalidity degree I.
After age 65 years for men and 60 years for women, the beneficiaries of the pension loss of work capacity may require transformation of such pension in pension for the age limit to which they are entitled.
Article 15 the survivor's pension shall be granted for each orphan of one or both parents before the fulfillment of the age of 16, and after starting a school until graduation, but without exceeding the age of 25 years.
The survivor's pension shall be granted provided that the parent or parents, as the case continued to be retired or have fulfilled the conditions for obtaining a pension.
The amount of the pension shall be 70 lei per month for each child orphaned by one of their parents and 100 lei per year for each child an orphan of both parents.
Article 16 Peasants with individual household and their family members, including those who are pensioners, benefit, during hospitalisation in hospitals, and maintenance medications during outpatient treatment, according to the law.
The necessary expenditure for this purpose is support from the Pension Fund and social security of the peasant household in zones with individual necooperatiste.
Chapter 3 the establishment and payment of pensions Article 17
In order to ensure strict respect for the provisions of the law concerning the establishment of the retirement of keeping an obvious correct all data and other elements on the basis of which it will lay down the rights to pension and other social insurance rights in addition to the popular communal councils shall be formed committees of pension and social insurance of peasant household in zones with individual necooperativizate, headed by the Vice-President of the Executive Council and the Executive Secretary is a part the doctor, and health district in a number of 5-7 members and peasants with individual household nominated by the Assembly of the citizens.
Comission shall be approved by the Executive Council Office of popular.
Article 18 Commission of pensions and social security draws up and submits to the Department for problems of employment and social ocrotiri for retirement; the Directorate is proposing, according to law, the County Commission, the issue of the retirement decision or will submit the dossier at the County's medical expertise and recovering work capacity.
Article 19 the County pension issue Committees, according to the law, retirement decisions and examines appeals against decisions of the boards of pension and social security and of the boards of expertise and recovery work capacity.
Against the decision of the boards of appeal may be retirement, within 30 days of the notification, the Central Committee, who works at the Ministry of labor.
Article 20 In order to determine the pension rights and other rights of social security of the peasant household in zones with individual necooperativizate, enter "employee pensions and social security", which will highlight the personal contribution, the State supplies other elements used to establish these rights Article 21 setting up Operations and management of funds necessary for the payment of pensions and other social insurance rights for peasant household in zones with individual necooperativizate are made of Ministry of labour, through the directions for work issues and social ocrotiri and their offices.
Article 22 the period of contribution of peasant household in zones with individual necooperativizate be taken into account only for the determination of pension rights and other social insurance rights under the provisions of this law.
Article 23 Pensiilie and other rights for social insurance shall be granted at the request of the persons entitled.
Chapter 4 final provisions and Transitional Provisions Article 24 of this law shall duly complete the provisions of the law on pensions of State social insurance and social assistance relating to the payment of the pension and its suspension, review retirement decisions, the recovery of the sums paid without basis by way of a retirement pension or other rights related thereto, the appeal against the decision concerning the classification of degrees of disability and medical review of disability pensioners.
Article 25 the provisions of this law shall apply as of January 1, 1978, with the exception of those concerning the contribution of the State, which shall apply from 1 June 1977.
This law was adopted by the National Assembly at the meeting on 30 June 1977.
President of the great National Assembly, Nicholas GALARZA-— — — — — — — — — — — —