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Law No. 4 Of 30 June 1977 On Pensions And Other Social Insurance Rights Of Members Of Agricultural Production Cooperatives

Original Language Title:  LEGE nr. 4 din 30 iunie 1977 privind pensiile şi alte drepturi de asigurări sociale ale membrilor cooperativelor agricole de producţie

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LEGE no. 4 4 of 30 June 1977 on pensions and other social security rights of members of agricultural production cooperatives
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 social security system and the increase of pensions for all categories of working people represent a permanent concern of the party and the state, within the general lifting program Relentless of the living standards of all the people. The development of the technical-material basis and the continuous improvement of the production relations in the cooperative agriculture ensure the necessary conditions for obtaining more and more vegetal and animal productions, through the efficient use of the earth and the other means of production, the valorisation of all material and labour resources and, on this basis, the increase of the revenues of cooperatives and of the cover members. The continuous lifting of the level of retribution of cooperators as well as the increase of pensions and other social security rights are directly conditioned by the work of each cooperator and is carried out according to the increase of agricultural production, development of the public wealth of each cooperative unit. To that end, The Great National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 General provisions + Article 1 Members of agricultural production cooperatives have the right to pension and other social security rights, under the conditions of this law. The right to pension and other social security rights shall be granted in relation to the work performed by each cooperator, the seniority and the results obtained by the cooperative agricultural unit in the performance of the production plan, income and expenses. + Article 2 Members of agricultural production cooperatives have the following pension rights: a) pension for the work done and the age limit; b) pension for the total loss or in most of the work capacity; c) survivor's pension; d) supplementary pension. + Article 3 The pension for members of agricultural production cooperatives shall be established according to the following elements: a) seniority in the cooperative agricultural unit; b) the income realized in the cooperative agricultural unit; c) the sector in which the work was carried out and the function performed; d) the degree of disability and the cause that caused the invalidity; e) the personal contribution period and the amount of this contribution, for the supplementary pension. + Article 4 Members of the agricultural production cooperatives benefit, under the conditions established by law, from allowances for temporary incapacity for work, paid leave for pregnancy and lehusia, child benefits, as well as health care and meds. + Article 5 All able-bodied cooperators, including family members of management staff who do not work in other sectors of activity and of persons with employment contract in cooperative farming units, are required to work at least. 200 calendar days annually. In order to create the necessary conditions for all cooperators to be able to perform, every year, at least 200 working days, the management boards of agricultural production cooperatives are obliged to take development and diversification measures. agricultural production, development of industrial production activities, construction, service provision and other productive activities. In the agricultural production cooperatives where there is the available workforce, the boards are obliged to organize, with the support of the executive committees or offices of the popular councils, brigades and teams to work in other cooperative or state units, on construction sites, on logging and in other activities. + Article 6 The funds necessary for the payment of pensions and other social security rights of members of agricultural production cooperatives shall be made of; a) the contribution of agricultural cooperatives of production, consisting of 8 percent of the value of global production; b) the contribution of the intercooperative economic associations, consisting of 3.5 percent of the value of the global production; c) the personal contribution of the cooperators for the supplementary pension of 10.15 or 20 lei per month; d) the state contribution, of 2 percent, established at the value of agricultural products delivered to the state fund by the cooperative agricultural units within the plan, and 2.5 percent, to the value of the products delivered over the plan; e) the contribution of the state, of 2 percent, established to the value of the products delivered by the cooperators to the state fund. The contribution of cooperative agricultural units and the personal contribution of cooperators to the pension and social insurance fund shall be submitted monthly. The state contribution shall be submitted by the State units to which the agricultural products have been delivered, for each category of products monthly for deliveries under the plan and at the end of the production cycle or at the end of the year for deliveries over the plan. The amounts deposited with the pension and social insurance fund by the cooperative agricultural units and the cooperative members have the interest regime of 3 percent. + Article 7 Pensions and other social security rights shall be paid in full to the cooperators of the cooperative agricultural establishments who make the contribution to the pension and social security fund in full. At the other units the rights are paid in proportion to the contribution made, but not less than 80 percent of the amounts due to cooperators. + Article 8 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 seniority in the agricultural unit Cooperative. 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 9 Pensions and social security allowances granted to members of agricultural production cooperatives are not taxable. Applications aimed at establishing the right to pension or social security allowance, introduced in front of any organs are exempt from taxes. + Article 10 The right to pension and social security allowance is taxable. The pension and social security allowance cannot be ceded either totally or partially. + Chapter 2 Entitlement to pension and other social security rights A. Pension for work and age limit + Article 11 The full pension for the work done and the age limit shall be granted to cooperators throughout life, as follows: a) men who have reached the age of 65 and have seniority in the cooperative agricultural units for at least 30 years; b) women who have reached the age of 60 years and have seniority in cooperative agricultural units for at least 25 years. + Article 12 The average annual income that is taken as a basis for calculating the pension is the average of incomes made for work in cooperative agricultural units in 5 consecutive years that the cooperative has worked, from the last 10 years before retirement, at the election If in the last 10 years the cooperator has not worked for at least 5 consecutive years, the pension calculation basis is the average of the annual revenues of the last 5 years in which he worked in the cooperative agricultural unit. + Article 13 Seniority, within the meaning of the present law, represents the total years in which the awning worked for at least 200 calendar days in the cooperative agricultural unit. + Article 14 The number of years at which the cooperator worked less than 200 calendar days annually enter into the calculation of the length of service only if it has fulfilled its established obligations and carried out the workload provided for carrying out the tasks in the production, revenue and expenditure plan for that year. It is considered seniority in the work and periods in which the cooperator meets his military obligations, follows training, specialization or refresher courses at which he was sent by the cooperative or is on pregnancy and lehusia, if in the rest of the year worked a number of calendar days in proportion to these periods or, as the case may be, fulfilled the other obligations provided in par. 1. + Article 15 The full pension for the work done and the age limit is granted in relation to the income made, by the sector in which they worked and by the function they performed, to the cooperators who have been in work for at least 30 years the men and 25 years the women. The amount of the pension is 350-1000 lei monthly and is determined as follows: a) for cooperators who work permanently, at least 10 years, in animal husbandry and greenhouses and for qualified cooperators who work permanently, at least 10 years, in the profession of locksmith, electrician, mechanic, driver of road tractors, mechanizer, Driver and similar: Annual average income group-monthly pension cuantum-lei-lei-over 15.000650 10.001-15.000560 8.001-10.000480 6.001-8.000450 up to 6.000420 b) for cooperators who work permanently, at least 10 years, in viticulture, fruit growing, and vegetable growing: Annual average income group-monthly pension cuantum-lei-lei-over 15.000550 10.001-15.000500 7.001-10.000450 5.001-7.000400 up to 5,000380 c) for cooperators working in the other sectors of activity or who have not worked for at least 10 years in the sectors referred to in point; a) and b): Annual average income group-Monthly pension cuantum-lei-lei-over 15.000500 10.001-15.000460 7.001-15.000420 5.001-7.000385 up to 5,000350 d) for cooperators who have served as head of brigade for at least 10 years: Average annual income group-lei-over 15.00010.001-15.0007.001-10.000up to 7,000-for those in the livestock sector and sere725635545460-for those in viticulture, fruit growing and vegetable growing 625550480420-for those in other sectoare575500440390 e) for cooperators who have served as head of farm or sector at least 10 years, the pension is 10 percent higher than that provided for the brigadier head, corresponding to the sector in which they worked and the annual average income group; f) for cooperators who have served as president of the agricultural production cooperative for at least 10 years: Annual average income group-Monthly pension cuantum-lei-lei-over 36,0001.000 28.001-36.000900 20.001-28.000750 up to 20,000600 g) for cooperators who have completed at least 10 years the position of vice president removed from production or chief accountant, the pension is 85 percent of the one due to the president, to the income group and the seniority in the corresponding work. + Article 16 Cooperators who, have a working age of over 30 years men and 25 years women, will receive a increased monthly pension for each year in addition to 0.5 percent of the average monthly income taken as a basis for calculation when establishing the pension. + Article 17 Cooperators who do not, meet the conditions of seniority in the cooperative agricultural unit for obtaining the full pension for their work and the age limit have pension rights at the age of 65 men and 60 years old women, if they are at least 10 years old at work in the cooperative agricultural unit. In this case, the amount of the pension shall be calculated in relation to the number of years of work in the unit, the cooperative agricultural unit. + Article 18 To the pension due to cooperators who have served at least 10 years as president, vice president, removed from production, head of farm or brigade is added, from state funds, an amount representing 50 percent of the average monthly allowance received in the last 5 years in which they performed these functions, according to the provisions of the Law on retribution by quantity and quality of work This amount shall be granted provided that in the case of the presidents and vice-presidents, the unit has carried out the plan of deliveries to the state fund and in the case of the head of the farm or brigade, the subunit of production shall carry out its own tasks of plan, a period of at least 5 years from the last 10 years in which these persons performed the respective functions. + Article 19 Cooperators whose working age includes, in compliance with the conditions provided by art. 14, and years in which they worked less than 200 calendar days will receive a reduced monthly pension by 2 percent for each of these years, but not by more than 20 percent of the amount of the due pension. + Article 20 The pension for work submitted and the age limit will not be less than 400 lei for presidents and 220 lei for other cooperators. B. Pension for loss of work capacity + Article 21 Cooperators who, due to accidents at work, have totally or mostly lost their ability to work and are assigned to grade I or II of disability, receive a pension throughout the time of invalidity. It also benefits from retirement, under the conditions of this law cooperators who have lost all or most of their ability to work due to an illness or accident outside of work, if the disability is Grade I or II. + Article 22 The pension that is granted to cooperators who have totally lost their working capacity due to a work accident and are assigned to the first degree of invalidity is established, in relation to the seniority, as follows: The groups of seniority up to 10 years15 years20 years25 years30 years-percentages of the pension due for the work done and the limit of virsta5060708090 In the case of cooperators with a working age of more than 10 years, the percentage of 50 percent will apply to the pension for the work done and the age limit corresponding to an old in work of 10 years. Within each age group between 10-30 years, the percentages apply in proportion to the number of years worked. + Article 23 The pension for loss of work capacity due to illness or accident outside the work process is granted to cooperators who have totally lost their working capacity and are assigned to the first degree of disability, if they are at least 10 years old. seniority in the cooperative agricultural unit. The pension is established, in relation to the seniority, in percentages of the pension for the work done and the age limit, as follows: Seniority groups 10 years15 years20 years25 years30 years-per cent of the pension for the work done and the limit of virsta3545556575 Within each age group, the percentages apply in proportion to the number of years worked. + Article 24 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 invalidity, established according to 22 22 and 23. + Article 25 After reaching the age of 65 men and 60 years old women, retired disability cooperators can ask for the transformation of the disability pension into the pension for the age limit to which they are entitled. + Article 26 The criteria and norms on the basis of which the classification I and II of invalidity is made, in order to grant the pension, shall be established by decree of the State Council. C. survivor's pension + Article 27 The survivor's pension is granted to children of cooperators, orphans by one or both parents, until the age of 16 or, 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 have met the conditions for obtaining, a pension The amount of the pension is 120 lei monthly for each child orphaned by one of the parents and 180 lei monthly for each orphan child of both parents. D. Additional pension + Article 28 The additional pension is granted to retired cooperators who contributed, at least 5 years, by 10, 15 or 20 lei monthly, during the activity in the cooperative agricultural unit, to the establishment of the fund for the payment of this pension. The amount of the additional pension is 10, 15 or 20 lei monthly for each 5-year period of personal contribution of the cooperative, according to the contribution submitted monthly. Cooperators who, before retirement, contributed for the additional pension less than 5 years will be returned, at the time of retirement, the amount with which they contributed, plus a interest of 3 percent. + Article 29 Cooperators who have reached retirement age or are disabled and, both cases, do not meet the conditions provided by this law to receive a pension for the work done and the age limit or for the total loss or in the largest part of the work capacity are entitled to supplementary pension, if they have contributed at least 5 years E. Other social security rights + Article 30 Cooperators working in cooperative farming units; retired cooperators as well as their family members benefit, free of charge, during hospital admission, maintenance and medication. During outpatient treatment the cooperators benefit from the drugs, according to the law. The expenses necessary for this purpose shall be borne from the pension and social security fund of the members of the agricultural production cooperatives. + Article 31 Cooperators who carry out production tasks in accordance with the established working rules benefit from the allowance for teporary incapacity for work determined by diseases or accidents, according to the law. The allowance for temporary incapacity for work determined by the accident at work in the cooperative agricultural unit shall be granted regardless of age in work. + Article 32 Cooperators working in cooperative agricultural units benefit from paid leave for pregnancy and lehusion, for 60 working days, according to the law. + Article 33 Families of cooperators, of which at least one of the spouses work in the cooperative agricultural unit, are granted a monthly allowance of 50 lei for each child aged up to l6 years fulfilled, in their maintenance. The allowance of 50 lei for each child is increased by: -20 lei for the sixth child; -30 lei for the seventh child; -40 lei for the eighth child; -50 lei for the ninth child and the following. The allowance is granted only in the month in which one of the spouses worked for at least 15 days and carried out the production tasks in accordance with the established work rules. The allowance will continue to be granted also during the period when one of the spouses benefits from temporary incapacity allowance. They are entitled to indemnity and families with children who are pensioners of agricultural production cooperatives. The allowance is not granted to families who have the right to receive, from other sectors of activity, child benefit. + Article 34 Retired cooperators may benefit, apart from the pensions provided by this law, of aid in kind and in money granted by the units whose members are, according to the agricultural production cooperative. + Article 35 Allowances for temporary incapacity for work and leave for pregnancy and lehusion are granted on the basis of medical certificates issued by health bodies, according to the provisions of the law. + Chapter 3 Establishment and payment of pensions + Article 36 In order to ensure strict compliance with the provisions of the law on the preparation of retirement acts, the young people of a correct record of all data and other elements on the basis of which the pension rights and other rights of social insurance, besides the collective management bodies of the cooperative agricultural units are constituted pension and social insurance commissions. The pension and social security commissions are made up of 3-7 members and are led by the vice president of the cooperative or another member of the governing council or, as the case may be, of the council of working people. The composition of the commission shall be determined by the general assembly of the cooperative agricultural establishment. The organization and functioning, the duties and responsibilities of the pension and social insurance commissions in the cooperative agricultural units shall be established by regulation approved by decree of the State Council. + Article 37 In order to establish the pension, the cooperative agricultural unit prepares the retirement file, which must include the pension and social insurance card with the up-to-date records, as well as any other necessary documents. The retirement file shall be verified by the pension and social insurance committee, which has the obligation to report to the management of the unit any irregularities found. The cooperative agricultural unit shall bear the full responsibility for the accuracy of the data contained in the pension file. The cooperative agricultural unit is obliged to submit, within the deadlines provided by law, the retirement file to the department for labor and social protection issues, which will propose, according to the law, to the county pension commission the issuance of the decision retirement or will file the case with the county commission of medical expertise and work capacity recovery. County pension comislations issue, according to the law, retirement decisions and examine appeals against decisions of pension and social insurance commissions in cooperative agricultural units and commissions of expertise and recovery. Work capacity. In these cases from the county pension commission will also include the delegate of the county union of agricultural production cooperatives. Against the decisions of the county pension commissions you can appeal, within 30 days of communication, to the Central Pension Commission, which operates at the Ministry of Labour. + Article 38 In order to establish the pension rights and other social security rights of the members of the agricultural production cooperatives, the "Pension and social insurance card" is introduced, in which the seniority in the agricultural unit will be highlighted the cooperative, the income realized, the sector in which the activity was carried out, the function fulfilled, the period of personal contribution and other elements that serve to establish these rights. + Article 39 Operations on the establishment and administration of necessary funds and pensions and other social security rights for members of agricultural production cooperatives shall be made by the Ministry of Labour, through the directions for labour problems and social protection and their offices. The pension and social security house of the members of the agricultural production cooperatives ceases their activity. + Article 40 Pensions and other social security rights shall be granted at the request of the entitled persons. + Article 41 The length of service of members of agricultural production cooperatives shall be taken into account only for the establishment of pension rights and other social security rights, according to the provisions of this law. The period of time in which a person worked in the cooperative on the basis of employment contract is cumulated with the seniority in the cooperative work as a member, in order to establish the pension according to this law, if that person does not have the right in retirement in the state social insurance. They are entitled to a pension, under the conditions of this law, and persons who are at least 5 years old at work in the cooperative agricultural unit, if they have also worked in the state sector, and the period worked in the two sectors is more than 10 years. In this case the amount of the pension due for the work done in the cooperative agricultural unit shall be determined in relation to the length of service in this unit. + Chapter 4 Final and transitional provisions + Article 42 The establishment of the seniority of the members of the agricultural production cooperatives for the periods prior to the entry into force of this law is made according to the provisions existing at the date of + Article 43 The provisions of this law are duly completed with the provisions of the law on state social insurance and social assistance pensions relating to the payment of pension and its suspension, to the revision of retirement decisions and the recovery of amounts paid without basis by way of pension or other related rights, as well as to the appeal against the decision on the classification of invalidity and the medical review of invalidity pensioners. + Article 44 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, as well as those concerning the personal contribution of the cooperators, which shall apply from 1 July 1977. + Article 45 On the date of entry into force of this Law, Decree no. 535 535 of 23 June 1966 on the right to pension and other social rights of members of agricultural production cooperatives and any other provisions to the contrary shall be repealed. This law was passed by the Grand National Assembly at its meeting on June 30, 1977. President The Great National Assemblies, NICOLAE GIOSAN ------------