Law No. 4 of 30 June 1977 on pensions and other social insurance rights of members of agricultural production cooperatives ISSUING NATIONAL ASSEMBLY and published in OFFICIAL GAZETTE No. 61 of 8 July 1977 In the Socialist Republic of Romania improving social security system and increase pensions for all categories of people working means a permanent concern of the party and the State, within the framework of the general programme of continual uplift the living standards of all the people.
Development of the technical-material base and improvement of the relations of production in the agriculture co-operative ensure the conditions necessary for obtaining vegetal and animal productions increasing efficiency, through the use of the land and other means of production, harnessing all the material resources and labour and, on this basis, increasing the incomes of members of cooperatives, and coperatori.
Continue lifting the level of retributiei cooperators as increased pensions and other social insurance rights are directly caused by work and each cooperator on the measure of increasing agricultural production, the development of a public property of each cooperative units.
To this end, the National Assembly of the Socialist Republic of Romania adopts this law.
Chapter 1 General provisions Article 1 members of agricultural cooperatives of production are entitled to a pension and other social insurance rights under this law.
The right to a pension and other social insurance rights are granted in relation to the work performed by each cooperator, length of employment, as well as the results of the agricultural co-operative unit in carrying out the plan of production, income and spending.
Article 2 members of agricultural cooperatives of production have the following rights: (a) pension) pension for her hard work and the age limit;
b) total loss or pension, for the most part the work capacity;
c) survivor's pension;
(d) additional pension).
Article 3 the pension for members of agricultural cooperatives of production is stableste depending on the following factors: the length of the work) unit agricultural co-operative;
b) income in the agricultural co-operative;
c) sector in which the activity took place and function satisfied;
d) degree of invalidity and the cause which resulted in disablement;
e) period of personal contribution and the amount of this contribution, additional payments.
Article 4 members of agricultural cooperatives of production shall be entitled, under the conditions fixed by law, indemnities for temporary incapacity of work, paid leave for pregnancy and lehuzie, children's allowances, and medical care and medicines.
Article 5 All Salesian work suited, including family members of leading cadres do not work in other sectors of activity and of persons falling under a contract of employment in the agricultural cooperative units, are required to perform at least 200 calendar days annually.
In order to create the conditions necessary to ensure that all Salesian may carry out, each year, at least 200 days of work, the Councils of the agricultural production cooperatives are obliged to take measures for the development and diversification of agricultural production, the development of industrial production, construction, services and other productive activities.
In the agricultural production cooperatives in which there is work available workforce, leadership councils are obliged to organize, with the support of the committees or executive offices of the popular councils, order of battle and teams to work in cooperative or other State units, on construction sites, in forestry and in other activities.
Article 6 payment of pensions funds and other social insurance rights of members of agricultural production cooperatives consists of;
agricultural cooperatives) contribution to production, developing in 8 per cent of the global production value;
b economic associations) contribution intercooperatiste, 16.00 in 3.5 per cent of global production value;
c personal contribution of cooperators) for additional pension, 10.15, or 20 lei per month;
d) contribution of the State, of 2 per cent, set to the value of agricultural products delivered to the State Fund of the agricultural cooperative unititile under a plan, and 2.5 per cent to the value of the products delivered over plan;
e) 2 State contribution per cent stabitita the value of the products delivered by the cooperative to fund State.
Contribution of agricultural cooperative units and personal contribution of cooperators at the Pension Fund and social security shall be submitted on a monthly basis.
The contribution shall be deposited by the State unititile State to which they were delivered agricultural products, for each product category in part for deliveries in the plan and the completion of production or the end for deliveries over the plan.
The amounts secured by way of the Pension Fund and social insurance of agricultural cooperative units and members of the cooperative have interest rate regime of 3 per cent.
Article 7 the pensions and other social insurance rights are paid in full agricultural cooperative of cooperators who submit totally to the contribution to the Pension Fund and social security. The other rights shall be paid in proportion to the contribution paid but not less than 80 per cent of the amounts due cooperators.
Article 8 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 length of service work in the agricultural co-operative.
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 where all activity would have been done in a State where cumulate, it exceeds this level, the pensions will be reduced proportionately.
Article 9 the pensions and social security allowances granted to members of agricultural production cooperatives are not taxable.
Applications that are intended to establish the right to a pension or social security allowance, introduced before any organs are exempt from taxes.
Article 10 the right to pension and social security benefit is taxable.
Pension and social security allowances cannot be transferred nor totally nor partially.
Chapter 2 the right to pension and other social insurance rights a. pension work and limit full Pension age article 11 for hard work and age limit be granted lifetime all cooperators, as follows: a) men who have reached the age of 65 years and have experience working in cooperative agricultural units for at least 30 years;
b) women who have reached the age of 60 years and have experience working in cooperative agricultural units for at least 25 years.
Article 12 annual average income is taken as the basis in determining the pension payable is the average revenue for work in the agricultural cooperative units in 5 consecutive years that cooperatorul has worked over the last 10 years before she got sick, at its own choice If in the last 10 years cooperatorul has not worked for at least 5 consecutive years, the pension is annual average income over the last five years where he worked in the agricultural co-operative.
Article 13 Seniority in the work, within the meaning of this law, shall be the total of the years in which coperatorul has worked at least 200 calendar days in unitata agricultural co-operative.
Article 14 the number of years to which cooperatorul has worked less than 200 calendar days annually enters into the calculation of seniority in the work only if it has fulfilled the obligations set and carried the workload for carrying out the tasks provided for in the plan of production, income and expenditure for the year in question.
Considering the work and periods in which cooperatorul performs his duties and military training courses, specialisation or refresher to what was sent by the cooperative or is on leave for pregnancy and lehuzie, if the rest of the year he worked on a number of calendar days in proportion to those periods or, where appropriate, to fulfill other obligations referred to in paragraph 1. 1. In article 15 the full Pension for work and age limit shall be paid the income report, the sector in which they worked and the function they fulfill it, the cooperators who work at least 30 men and 26 women.
The amount of the pension shall be 350-1000 lei a month and shall be as follows: a) for permanent Salesian working, at least 10 years, stock raising and greenhouses and for skilled permanent Salesian working, at least 10 years, they have worked for l, electrician, mechanic, Manager of road tractors, mecanizator, chauffeur and likenesses: Group of average annual income the amount of the monthly pension-lei-lei-over 15,000 650 10,001-15,000 560 8,001-10,000 480 6,001-8,000 450 up to 6,000 420 b) for Salesian working permanently, at least 10 years, viticulture, fruit growing, vegetable growing and middle income group: the annual amount of the monthly pension-lei-lei-over 15,000 550 10,001-15,000 500 7,001-10,000 450
5,001-7,000 400 up to 5,000 380 c) to the Salesian works in other sectors of activity or who have not worked at least 10 years in the sectors referred to in subparagraph (a); the a and b)): a group of average annual income the amount of the monthly pension-lei-lei-over 15,000 500 10,001-15,000 460 7,001-15,000 420 5,001 up to 5,000 350-7,000 385 d) for Salesian who met Chief of Brigade for at least 10 years: average annual income group-lei-over 10,000-15,000 7,001-15,000 10,001 till 7,000-for the Stockyards and greenhouses 725 635 545 460-for those in the vineyard fruit and vegetable production, 625 550 480 420-for those in other sectors of Salesian 575 500 440 390 s) who met the head of the farm or sector for at least 10 years, the pension is 10 per cent higher than that prescribed for the corresponding Brigade, head of the sector in which they worked and the average annual income group;
f) Salesian who met the President of the cooperative agricultural production for at least 10 years: Group of average annual income the amount of the monthly pension-lei-lei-over 36,000 1,000 28,001-36,000 900 20,001-28,000 750 up to 20,000 600 g) for Salesian has been at least 10 years as Vice President pulled out of the production or of the Chief Accountant, the pension is 85 per cent of the amount due to the President at the Group's income and length of work.
Article 16, which have a Salesian retirement work for over 30 years the men and 25 women, will receive a monthly pension for each year plus lucarat plus 0.5 per cent of average monthly income as a basis for the establishment of the pension.
Article 17, which does not meet the Salesian conditions of the agricultural co-operative unit work for getting the pension for the hard work and the age limit have pension rights at the age of 65 years fulfillment males and 60 years, if they have at least 10 years old to work in an agricultural co-operative unit. In this case, the amount of the pension shall be calculated in relation to the number of years of work experience in the agricultural co-operative.
Article 18 due to cooperators who have fulfilled at least 10 years as President, Vice President, out of production, farm or add Brigade, from State funds, a sum representing 50 per cent of the average monthly allowance received in the last 5 years they have fulfilled these functions, according to the wage law after the quantity and quality of work.
This amount shall be granted provided that in the case of Presidents and Vice Presidents, the drive to be powered plane deliveries to the State and in the case of the head of the farm or production brigade, subunit to be indeplint their duties, for a period of at least five years from last 10 years these people have fulfilled their respective functions.
Article 19 the Salesian whose work encompasses, in compliance with the requirements of art. 14, and the years in which they worked less than 200 calendar days will receive a monthly pension reduced by 2 percent for each of these years, but not more than 20 per cent of the amount of the pension.
Article 20 a pension for work and age limit shall not be less than 400 lei for Presidents and for 220 others cooperative.
B. Pension for loss of work capacity which article 21 Association of Salesian due to accidents at work, and have lost all or mostly in working capacity and are employed in gradui I or II disablement pension, get on all the time as long as the invalidity lasts.
Also receiving a retirement pension under the present law, Salesian who have lost all or mostly in capacity for work due to illness or accident in working out, if the invalidity is grade I or II.
Article 22 shall be granted a pension why cooperators who have lost work due to total capacity of an accident at work and are employed in the 1st degree invalidity pension shall be determined in relation to the length of the work as follows: the group up to 10 years 15 years 20 years 25 years 30 years-a percentage of the pension due to hard work and age limit 50 60 70 80 90 if the cooperators in the old work than 10 years, the percentage of 50 percent will be applied to the pension for the hard work and the appropriate age limit for the seniority of 10 years work.
Within each age groups between 10-30 years, percentages shall apply in proportion to the number of years worked.
Article 23 a pension for loss of capacity for work due to illness or accident in the process of working out is granted cooperators who have lost their working capacity and total are participating in the 1st degree invalidity pension if they have at least 10 years old to work in an agricultural co-operative unit.
The pension shall be determined in relation to the length of employment, as a percentage of the pension for the hard work and the age limit, as follows: the groups 10 years 15 years 20 years 25 years 30 years-a percentage of the pension for work and retirement 35 45 55 65 75 within each age groups percentages apply in proportion to the number of years worked.
Article 24 in the case the invalidity degree amount of the pension is 85 per cent of the pension corresponding to the degree of invalidity, I laid down under art. 22 and 23.
Article 25 after 65 years of age for men and women, 60 years of Salesian disability pensioners may require the processing of disability pension for the age limit to which they are entitled.
Article 26 criteria and rules on which makes enrolment in grades I and II disability benefits for the payment of the pension shall be determined by Decree of the State Council.
C. the survivor article 27 the survivor's pension shall be granted to the children of cooperative, orphaned by one or both parents before the fulfillment of the age of 16 years or, if there is 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 may be, the deceased fulfilled the conditions for obtaining a retirement pension shall Amount 120 lei monthly for each child orphaned by one of their parents and 180 lei per month for each child an orphan of both parents.
D. Supplementary Pension Article 28 additional Pension shall be granted to retirees who contributed cooperators at least 5 years, with 10, 15 or 20 lei monthly, during the agricultural co-operative unit, to the Fund for the payment of such pension.
The amount of the supplementary pension is drawn 10, 15 or 20 lei per month for every 5-year period of the personal contribution of cooperatorului, according to the contribution submitted monthly.
Cooperators who, prior to his retirement, have contributed to the supplementary pension is less than 3 years old will receive a refund, at retirement date, amount contributed, plus interest of 3 per cent.
Article 29 Salesian who have reached retirement age or are invalid, and both cases do not meet the conditions laid down by this law in order to receive a pension for work and the age limit for total loss or times for the most part the work capacity are entitled to a supplementary pension scheme if they contributed at least 5 years e. Other social insurance rights Article 30 of Salesian works in agricultural cooperative units; Salesian retirees, and their family members shall be entitled, free of charge, at the time of admission in hospitals, and drugs.
During outpatient treatment benefit from medicines, Salesian according to law.
The necessary expenditure for this purpose is support from the Pension Fund and social insurance of members of agricultural production cooperatives.
Article 31 of Salesian production which carries out its tasks in accordance with the rules laid down work shall receive compensation for disability teporara work caused by illness or accidents, according to the law.
Allowance for temporary incapacity for work caused by accidents at work in the agricultural co-operative shall be granted irrespective of length of service.
Article 32 Cooperatoarele working in cooperative agricultural enterprises with a paid leave for pregnancy and lehuzie at 60 working days, according to the law.
Article 33 cooperative families, of which at least one spouse working in the agricultural co-operative, is paid a monthly allowance of 50 lei per child in the age of l6 years old in their maintenance.
The allowance of 50 lei per child shall be increased by:-$ 20 for his sixth child.
-30 lei for the seventh child;
-40 euro for the eighth child.
-50 lei per child and ninth the next.
The allowance shall be granted only for the month in which one spouse worked for at least 15 days and accomplished tasks of production in accordance with the rules laid down. The allowance will be granted further and while one spouse shall receive compensation for temporary incapacity for work.
Entitled to indemnity and families with children who are husbands retired agricultural production cooperatives.
The allowance shall not be granted to families who are entitled to receive, from other sectors of activity, the allowance for children.
Article 34 eligible retirees of Salesian, besides pensions provided for in this law, the nature of the aid and money provided by units whose members are, according to the agricultural production cooperative.
Article 35 the allowances for temporary incapacity for work and leave for pregnancy and lehuzie shall be granted on the basis of medical certificates issued by bodies, in compliance with the law.
Chapter 3 the establishment and payment of pensions Article 36 in order to ensure strict respect for the provisions of the law concerning the establishment of retirement, to 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, to advise the governing bodies of the collective farm cooperative is constituted by a pensions and social insurance.
Pension boards and social security are made up of 3-7 members and are led by Vice-Chairman of the cooperative or another Member of the Governing Board or, where appropriate, of the Council on the working people.
Comission is determined by the general meeting of the cooperative agricultural unit.
The mode of organisation and functioning, powers and responsibilities of the boards of pension and social security from the agricultural cooperative units shall be established by the regulation approved by Decree of the State Council.
Article 37 In view of the establishment of the pension, agricultural co-operative unit prepares for retirement, which should include the employee pensions and social security with up-to-date records and any other documents required. The retirement package is checked by the pensions and social insurance, which is required to report any irregularities unit leadership. Agricultural co-operative unit carries full responsibility for the accuracy of the data contained in the pension.
Agricultural co-operative unit is required to submit, within the time limits provided by law, the retirement of the Labour Directorate and social ocrotiri, which proposes, according to law, the County Commission's decision to issue pension or retirement will submit the dossier at the County's medical expertise and recovering work capacity.
Comislile County pension issue, according to the law, retirement decisions and examines appeals against decisions of the boards of pension and social insurance of agricultural cooperative and of boards of expertise and recovering work capacity. In these cases the County's retirement will be a part of the Union County delegate and of agricultural production cooperatives.
Against decisions of the boards of County pensions may appeal within 30 days of the communication to the Central Committee, who works at the Ministry of labor.
Article 38 in order to establish pension rights and other rights of social insurance of members of agricultural production cooperatives is inserted "employee pensions and social security", which will highlight the length of work in the co-operative, agricultural income, in which he has pursued the activity, function, period of personal contribution and other elements used to establish these rights.
Article 39 establishing Operations and management of the necessary funds and pensions and other social insurance rights for members of the agricultural production cooperatives are carried out by the Ministry of labour, through the directions for work issues and social ocrotiri and their offices.
Pension and social insurance of members of agricultural production cooperatives ceases its activities.
Article 40 pensions and other social insurance rights are granted at the request of the persons entitled.
Article 41 length of work of members of agricultural production cooperatives are taken into account only for the determination of pension rights and other social insurance rights under the provisions of this law.
The period of time during which a person worked in the cooperative on the basis of a contract of employment shall be aggregated with the length of the work in the cooperative as a member when determining the pension under this Act, if the person is not entitled to a pension under the State social insurance pension rights have, under this law, and people who have at least 5 years old to work in the agricultural co-operative If you have worked in the State sector, and worked in the two sectors is more than 10 years. In this case the amount of the pension due to hard work in the agricultural co-operative unit shall be determined in relation to the length of the work in this unit.
Chapter 4 final and transitory provisions Article 42 Setting the seniority in the work of the members of agricultural cooperatives of production for periods before the entry into force of this law shall be carried out in compliance with existing supply of labor.
The provisions of article 43 of this law is complete properly with the provisions of the law on pensions of State social insurance and social assistance relating to the payment of the pension and its suspension, revision of retirement decisions and the recovery of the sums paid without basis by way of a retirement pension or other rights related thereto, and to appeal against the decision concerning the classification of degrees of disability and medical review of disability pensioners.
The provisions of article 44 of this law shall apply starting from 1 January 1978, with the exception of those concerning the contribution of the State, which shall apply from 1 June 1977, as well as those relating to personal contribution of cooperators, which shall apply as from 1 July 1977.
Article 45 on the date of entry into force of this law, Decree nr. 535 of 23 June 1966 on pension rights and other social rights of members of agricultural production cooperatives, as well as any other provisions to the contrary are hereby repealed.
This law was adopted by the National Assembly at the meeting on 30 June 1977.
President of the great National Assembly, Nicholas GALARZA-— — — — — — — — — — —