Law No. 3 Of 30 June 1977 On Pensions Of State Social Insurance And Social Assistance

Original Language Title:  LEGE nr. 3 din 30 iunie 1977 privind pensiile de asigurări sociale de stat şi asistenţa socială

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Law No. 3 of 30 June 1977 on pensions of State social insurance and social assistance ISSUING NATIONAL ASSEMBLY and published in OFFICIAL GAZETTE No. 82 of 6 august 1977 In the Socialist Republic of Romania, the work constitutes a fundamental right and a duty of all members of society.
All citizens are able to work must provide a useful activity in relation to their skills and training needs of the national economy.
People at work fauritorii all material and spiritual goods of society, which the full fruits of their labour, the socialist principle of wage after quantity, quality and social importance.
On the basis of the contribution to the development of the socialist society, the State guarantees every citizen, regardless of sex or nationality, the right to a pension. At the same time, persons incapable of work and means of existence, state them material assistance.
Pension determined in relation to the quantity, quality and importance of the work ensuring to all citizens who have reached the age prescribed by law, or have lost totally or mostly in working capacity due to accidents or diseases, appropriate conditions of life, according to the level of development of the national economy.
Application of the principles of Socialist ethics and equity makes it necessary for a pension to be determined in accordance with the contribution of each individual work in the development of our socialist society overall and to achieve an equitable ratio between income from retributie and those in retirement to provide further stimulation to those who actually work in different sectors of material production and social-cultural activity.
To improve the legislation in this area, National Assembly of the Socialist Republic of Romania adopts this law.


Chapter 1 General provisions Article 1 (1) In r. s. r. shall be entitled to pension for all citizens who have submitted a work useful to society in the fields of production and social-cultural materials.
  

(2) a pension shall be determined in relation to the contribution of every individual to the development of society, the socialist principle of wage after quantity, quality and importance of social work and it differentiates depending on length of service, remuneration and intended work group work.
  

(3) in relation to the conditions, the complexity and importance of the work, the jobs fall into Group I, II or III job, by Decree of the State Council.
  


Article 2 (1) the right to a pension shall be granted to the fulfillment of the age established by law in relation to the nature of the work performed and the number of years actually work in economic and social activity.
  

(2) it shall also be entitled to a pension of persons placed in employment, which have lost all or mostly in working capacity. Amount of the pension shall be determined in relation to the causes and degree of disability, as well as length of service.
  


Article 3 (1) the right to social insurance pension is recognized to all citizens of the country who held a permanent activity on the basis of an employment contract and for which the units have applied Socialist contribution provided for by the law, the social insurance fund of the State.
  

(2) the funds necessary for the payment of pensions of State social insurance consists of the contributions that they pay, and Socialist units of the amounts earmarked for this purpose from the State budget.
  


Article 4 Socialist Units are obliged to ensure that all staff worker to highlight the work of antiquity, retributiei and other related items required under the law to establish the pension.


Article 5 (1) a person may only receive a full pension insurance.
  

Where he worked and in other sectors with its own systems of retirement pension, receives both social insurance and pension to him from those sectors compared with hard work and seniority determined by the law.

(2) the aggregate 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 unit of the State.
  


Article 6 (1) may not fit the Socialist Drives pensioners in posts on a permanent basis. In exceptional circumstances and with the approval of law enforcement agencies, units can use retirees only for temporary activities or for the execution of works.
  

(2) the amounts derived from these activities combined with the survivor's pension may not exceed retributiei level that the pensioner had it at retirement date, updated according to the increases for that retributiei function.
  


Article 7 the pension is not taxable and cannot be ceded nor totally neither partially. Pension rights is imprescriptibil.


Chapter 2 a pension for work and age limit in article 8 (1) the staff worker that has a length of at least 30 years work of men and women 25 years of age is entitled to a pension for work and age limit, at 62 years of age the accomplishment of men and 57-year-old women.
  

(2) the work which have a length of at least 30 men and 26 women, pensioners, at their request, and to the fulfillment of the age of 60 years men and women 55 years of age.
  

(3) persons wishing to continue the work and after 62 years of age for men and women, 57-year-old may require three months before reaching maturity, such as the drive to keep them in work for a period not exceeding 3 years. If the unit does not approve the request, the interested party may contact hierarchically superior body, which may decide to maintain the work in the same establishment or in another establishment subject to, or signing up to receive a pension.
  


Article 9 (1) length of work is taken into account in fixing pensions for work it's time as a person has been employed under a contract of employment.
  

(2) proof of age in order to work in retirement, is made by the employee's employment, drawn up in accordance with the law.
  


Article 10 tariff Remuneration, which shall be taken as the basis in determining the pension, the monthly average tariff is retributiilor of 5 years working consecutively, at your choice, in the past 10 years.


Article 11 (1) full Pension for work and age limit is calculated as a percentage of tariff remuneration differentiated on installments of remunerations and work groups established by law, as follows: Group I group II work work work group III tariff Treatment-lei-Pension as a percentage of the tariff treatment of the minimum amount of pension-lei-Pension as a percentage of the tariff treatment of the minimum amount of pension-lei-Pension as a percentage of the tariff treatment of the minimum amount of pension-law-

 

up to 1200 85-80-75-1 201-1600 80 1020 75 960 70 900 1 601-2000 75 1280 70 1200 65 1120 2 001-2500 70 1500 65 1400 62 1300 2 501-3000 65 1750 62 1625 60 1550 3 001-3500 62 1950 60 1860 58 1800 3 501-4000 60 2170 58 2100 56 2030 over 4000 58 2400 56 2320 54 2240 (2) the percentages corresponding to the groups I and II work applies to persons who actually worked in these groups for at least 20 years in Group I or group II's 25 years in the job; If you have worked less than the corresponding percentages at the Group III is granted an increase proportional to the actual time worked in groups I and II.
  


Article 12 persons who have total seniority work more than 30 years men and 25 years for women, receive, in addition, each year of the first five years, an increase of 1% for each year and in addition over five years, an increase of 0.5% of the tariff remuneration used to calculate the pension.


Article 13 (1) persons who do not have work experience in integral work but have a seniority of at least 15 years, the pension is paid at age 62 years of fulfillment men and 57-year-old women, proportional to the number of years of work experience.
  

(2) persons who have a seniority of work 10-15 years of age shall be granted a pension of 350 lei per month for a 10-year-old, and for every year in addition to 14 years including, add 25 cents.
  


Article 14 (1) people who have actually worked at least 20 years in places that, according to the law, fall into Group I, or at least 25 years in Group II work in fixing the pension shall be taken into account for each year worked in each of these groups: one year six) months for Group I;
  

(b)) a year and three months for Group II work.
  

(2) on the basis of the people who worked in groups I and II have the right, upon request, to be retired at the age of fulfillment: a 52-year-old) for Group I and group II 57 years for men;
  

b) 50 years for Group I and group II 52 years for women.
  

(3) persons who fulfil the conditions laid down in paragraph 1. (1) are retired, on demand, and at age 50, both men and women in Group I, and at 55 years or 50 years men women, work in Group II.
  

(4) persons who have the work prescribed by law and have actually worked at least 15 years of age in places where falling into Group I or at least 20 years in places which are placed in Group II work shall have the right, upon request, to reduce the retirement age prescribed by art. 8 para. 2, in proportion to the years of work in groups I or II, but no less than 52 years for Group I and group II 57 years for men, or 50 years for Group I and group II 52 years for women.

  


Article 15 (1) persons who have the right to be retired with age, can be asked to work in the same job or in other lighter until the fulfillment of the age: 55 years of) Group I and group II 60 years for men;
  

b 52 years) for Group I and group II 55 years for women.
  

(2) such persons shall retain the right to a pension according to the group from which they originate, and further refined period is considered old in groups I or II.
  


Article 16 people who have worked at least five years in groups I and II have the right to take in calculation of seniority in employment for each year worked in these groups: one year and six months for Group I or one year and three months for Group II. In these cases does not reduce the retirement age limit.


Article 17 (1) crew in civil aviation which has a length of work for at least 25 years men and women 20 years, when the pension is taken into account the additional old law in relation to the number of hours of flight, the aircraft type and function.
  

(2) on the basis of the flight crew shall be entitled, upon request, to be retired at age 50 years of fulfillment.
  

(3) flight crew that has no length of work referred to in paragraph 1. (1) is entitled to take account of additional seniority as established by law. In these cases does not reduce the retirement age limit.
  


Article 18 (1) old Women in 25 years, giving birth to at least three children and grew up until the age of 10 years may request retirement before pensionable age, fulfillment as follows: a) a year for 3 children;
  

b) two years for 4 children;
  

c) with three years for many children.
  

(2) retirement age is reduced by years, and may not be less than 50 years.
  


Article 19 (1) and conferentiarii Teachers from higher education, as well as the main scientific researchers and that have a seniority of work for at least 30 years men and women 25 years, retiring at the age of 65 years fulfillment males and 60 years old women. They may be in the request activity stand out from them and with the consent of the unit, for a period not exceeding 5 years.
  

(2) the persons referred to in paragraph 1. (1) will be retiring, at their request, at the age of 62 years men and women 57 years.
  


Article 20 (1) in determining the age of the work is taken into consideration and the time during which the person: (a)) was held in prisons or camps, for revolutionary activity, antifascista or democratic. Each year of ownership is considered as the work of one year and six months;
  

b) was removed from service for revolutionary activity, policy or democratic antifascista, prior to August 23, 1944, or as a result of persecution and racial or national in January 1938 to December 1945;
  

c) held a groundbreaking activity antifascista, recognized by law enforcement agencies, like the work.
  

(2) constitutes the work and the time during which a person is employed in the work and has ceased because: a) has fulfilled his military service, he was focused, mobilized or transported;
  

b) has been suspended from Office times was disposed of the contract of employment, if such measures were subsequently annulled as illegal.
  

(3) considering the work and the period during which a person is employed in work training classes or politics.
  

(4) it is also considered the work periods for lesser amounts in the insurance, pension funds or taken over by the State.
  

(5) For persons who have been assigned to work, according to the law, short-time, length of work is taken into account in proportion to the time worked.
  

(6) the period during which a woman was framed, short-time, according to the law for child care until the age of 6 years, it counts as time in full.
  


Article 21 (1) the average monthly tariff retributiilor be taken into account in the calculation of the pension is determined on the basis of tariff: retributiei employment) for those who supported with the Moon;
  

b) retributiei employment corresponding to the tariff to 204 hours remunerated, for those with time, including for staff working in the agreement;
  

c) retributiei calculation, tariff for those who supported with percentage share;
  

d) retributiei to which he has paid social insurance contribution for those employed individuals.
  

(2) In the case of persons entitled to a pension, which were placed in the work of the international organizations, joint ventures or other foreign organizations, receiving foreign currency, remunerations to establish the base for the calculation of the pension is taken into account in granting the tariff level of similar functions in the country, valid for the corresponding periods if you have paid social insurance contributions of the legal State.
  


Chapter 3 a pension for loss of work capacity from accident at work or occupational disease Article 22 units have the obligation to ensure that persons placed in labor conditions required for the proper conduct of the work and to take safety measures provided by law, in order to remove any causes which can lead to a lessening or loss of work capacity.


Article 23 (1) the work that owing to accidents at work occurred during the performance of their duties times due to occupational diseases and lost all or the most ability, receive a pension on time how long does disability.
  

(2) benefits, pension also the individuals who have lost all or mostly in working capacity due to an illness contracted during the time they were placed in work, if the invalidity is established by the grade I or II.
  

(3) the same rights also benefit people who have lost all or mostly in working capacity during and due fulfilment of military obligations or tasks by the State or the public, as well as students, apprentices and students during professional practice.
  

(4) persons who have lost half of the working capacity and work half the normal working hours shall be entitled, under the law, invalidity pension for III degree.
  


Article 24 (1) the loss of work capacity is determined by the decision by the County pension committees or of Bucharest, on a proposal from the boards of medical expertise and recovering work capacity, organized according to the law.
  

(2) the persons in question can be classified in one of the following degrees of invalidity: degree of), if they are in need of care and supervision from another person;
  

(b)), the other people who have lost all or mostly in working capacity;
  

c) grade III, people have lost half of their working capacity.
  

3. the criteria and rules on which makes enrolment in grades I, II and III of invalidity shall be approved by the Decree of the State Council.
  


Article 25 (1) a pension shall be granted what people who have lost all or mostly in working capacity through occupational accidents, occupational diseases or other illnesses contracted during the work as well as were falling, if invalidity is grade I or II, shall be determined in relation to the length of employment, as a percentage, of tariff remuneration differentiated on strong retributie and work groups. Pension corresponding to the degree of invalidity is established them as follows: Tariff Treatment-lei-Pension as a percentage of the tariff treatment for 5 years the minimum amount of pension-lei-Pension as a percentage of the tariff treatment for 15 years the minimum amount of pension-lei-Pension as a percentage of the tariff salary for 30 years the minimum amount of pension-law-for Group I WORK up to 1200 60-70-85-1201-1600 55 720 65 840 80 1020 1601-2000
50 880 60 1040 75 1280 2001-2500 45 1000 55 1200 70 1500 2501-3000 40 1125 50 1375 65 1750 3001-3500 37 1200 47 1500 62 1950 3501-4000 35 1295 45 1645 60 2170 over 4000 33 1400 43 1800 58 2400 for GROUP II WORK up to 1200 55-65-80-1201-1600 50 660 60 780 75 960 1601-2000 45 800 55 960 70 1200 2001-2500 40 900 50 1100 65
1400 2501-3000 37 1000 47 1250 62 1625 3001-3500 35 1110 45 1410 60 1860 3501-4000 33 1225 43 1575 58 2100 over 4000 31 1320 41 1720 56 2320 for GROUP III WORK up to 1200 50 650 60-75-1201-1600 45 660 55 720 70 900 1601-2000 40 700 50 880 65 1120 2001-2500 37 725 47 1000 62 1300 2501-3000 35 800 45 1175 60 1550 3001-3500 33
900 43 1350 58 1800 3501-4000 31 980 41 1505 56 2030 over 4000 29 1040 39 1640 54 2240 (2) For vechimile in work between 5 and 30 years of age, the pension shall be calculated in proportion to the number of years worked.
  


(3) the amount of the pension for invalidity degree is 85%, and for level III of up to 30% of a pension corresponding to the degree I disability.
  

(4) for each year of work experience in the work over the full length of service shall be granted a pension increase of 1% for the first five years and 0.5% for subsequent years, from the tariff remuneration calculation of his pension.
  

(5) the invalidity Pension for III degree together with the remuneration for work may not exceed, in respect of persons falling into Group I work 80% for persons classified in Group II work 75%, and for persons in Group III work 70%, of the anticipated remuneration at the time of establishing the degree of invalidity, updated according to the increases for that function.
  


Article 26 tariff Remuneration based on calculating a pension for loss of work capacity is the average monthly tariff retributiilor of 5 years working consecutively choice over the last 10 years or average remuneration last year when the length of the work is up to 5 years.


Article 27 (1) the work, with a length of less than five years who have lost all or mostly in working capacity through occupational accidents, occupational diseases or other illnesses contracted during the work as well as were falling, are entitled to a pension of 650 lei for grade I and grade II 520 lei for disability.
  

(2) the same rights also benefit students, students, apprentices and persons and rough during the performance of military obligations or tasks of State or public in the prior period were not engaged in a remunerated activity.
  


Article 28 Retirement into the grade I receive disability benefits under the pension and a lump sum fixed for care, 300 lei a month.


Article 29 (1) persons who have suffered accidents at work, occupational disease contracted or which for health reasons I can no longer work in conditions at the workplace and considered before will be assigned to lighter jobs corresponding to their capacity. Obligation to provide employment in such jobs in which Socialist Unity returns are falling.
  

(2) Workers and leaders referred to in paragraph 1. (1) in groups I and II work and having a minimum of 10 years seniority in these groups will be employed in jobs in which they can be provided with a retributie of at least 75% for Group I and 70% for Group II, of the appropriate remuneration in force previously proposed function. For a length of more than 15 years, the rate is 80% for Group I and group II 75% for employment. If it is not possible to provide this retributie, the difference up to 70%, 75% or 80% of the funds shall be paid to the social insurance incluzindu in tariff remuneration.
  


Article 30 decision on classification of degrees of disability can be challenged, not later than 60 days after the communication to the pension commissions and of the municipality of Bucharest, by the person concerned, either by the unit in which it is classified.


Article 31 (1) Retirement into Grade I, II or III disability are subject to revision medical at intervals of 6-12 months, within the time limits laid down by the medical expertise and recovering work capacity. Failure to revise the pension payment suspension attracts medical starting next month.
  

(2) are subject to revision and persons placed in labor receiving the difference of retributie from the State social insurance, according to art. 29 para. (2) and (3) the Medical Review can be done and at the request of the pensioners, but until the fulfillment of the age of 60 years men and women 55 years of age.
  

(4) are not subject to periodic revision of medical disability retirement showing irreversible invaliditati, as well as those who have reached the age of 60 years men and women 55 years of age.
  


Article 32 in the case of a change of the degree of invalidity pension corresponding to the new degree shall be determined on the basis of the amount of the pension shall be considered the degree of invalidity above.


Article 33 the provisions of this law concerning the method of calculating seniority in work and retributiei, the report of which the pension is calculated to work filed and age limit shall apply accordingly to the calculation of the retirement benefits for loss of work capacity due to accident at work or occupational disease.


Article 34 At 60 years of age the accomplishment of men and 55 years for women, the retirement loss of work capacity are passed, ex officio, under the category of pensioners for hard work and age limit; in these cases you can maintain the rights attaching to the degree I and II invalidity.


Chapter 4 the pension for the loss of work capacity in addition to the process of article 35 Persons in employment, which have lost all or part of the capacity for work due to accidents occurring in the process of working out is receiving pension if disability is determined by the grade I, II or III and have a work experience at least 5 years.


Article 36 (1) the pension is determined as a percentage of tariff remuneration differentiated on installments of remunerations and years on the job. Pension corresponding to the degree of invalidity is established them as follows: Tariff Treatment-lei-tariff for the Pension 5 years old minimum amount of pension-lei-tariff for the Pension 5 years old minimum amount of pension-lei-tariff for the Pension 5 years old minimum pension Amount-up to 1200 35 460 40-70-1201-1600 30 470 35 480 65 840 1601-2000 24 480 33 560 60 1040 2001-2500 20 490
31 650 57 1200 2501-3000 17 500 30 775 55 1425 3001-3500 15 510 29 900 53 1650 3501-4000 14 520 28 1015 51 1855 over 4000 13 530 27 1120 49 2040 (2) For vechimile between 5 and 30 years of age, the pension shall be calculated in proportion to the number of years worked.
  

(3) for each year of work experience in the work over the full length of service shall be granted a pension increase of 1% for the first five years and 0.5% for subsequent years, from the tariff remuneration calculation of his pension.
  

(4) first degree into Retirement disability benefits receive under the pension and a fixed amount for care of 300 lei a month.
  

(5) the amount of the pension for invalidity degree is 85%, and for level III of up to 30% of the corresponding pension for invalidity degree I.
  

(6) Pension for invalidity of grade III together with remuneration for work may not exceed 70% of the anticipated remuneration at the time of determining the degree of invalidity, updated according to the increases for that function.
  


Article 37 (1) persons who fulfil military obligations and who become invalid degree or as a result of diseases-other than those of professional pension is paid without condition is required on the job.
  

(2) the pension of those who at the time of the call in order to meet military obligations were employed under a contract of employment shall be determined under the conditions laid down in articles 81 and 82. 36. Those who do not meet the requirement of seniority in the activities necessary to obtain the pension, as well as those who were not employed in the work, shall be granted a pension fix 455 for 1st degree invalidity and 390 lei for the degree of disability.
  


Article 38 the provisions relating to the length of the work and the remuneration calculation of tariffs, as well as to the classification of degrees of disability and medical review, applies to pensions for loss of work capacity than other causes of accidents at work or occupational diseases.


Chapter 5 the survivor Article 39 (1) the survivor's pension shall be granted to the spouse and children, under the conditions laid down in this law.
  

(2) the survivor's pension shall be granted if the deceased person was retired or satisfied the conditions for obtaining a pension.
  


Article 40 (1) children are entitled to survivor's pension until the age of 16 years or, if they continue their studies, until their completion, but without exceeding the age of 25 years.
  

(2) Children who, before the offspring to fulfill the age of 16 years, have become invalids of grade I or II, shall receive, after termination of the payment of survivor's pension payable throughout the period of disability, an aid of 350 lei monthly for the first degree and 300 lei a month for grade II.
  


Article 41 (1) the wife is entitled to the survivor's pension, throughout life, from age 55 years of fulfillment, if you had at least 15 years of marriage. If the duration of the marriage was smaller, but not less than 10 years, a pension shall be granted in proportion to the years of marriage.
  

(2) in addition, survivor's pension is granted, throughout life, the wife who has reached the age of 50 years and who was born before the death of her husband, four children, and the marriage was at least 10 years.
  

(3) the wife is entitled to the survivor's pension, regardless of age and duration of marriage as invalid during grade I or II; It also benefits from this pension if it is not framed in the work at the time of death of the husband and takes care of one or more children up to the age of 6 years.
  


Article 42 the wife entitled to a pension and fulfils the conditions provided by law for obtaining a survivor's pension after her husband died, may opt for any of these pensions.


Article 43


His wife receives a survivor's pension only until his engagement in work, but no longer than 6 months from the date of death of the spouse, if you do not meet the conditions laid down in article 21. 41. Article 44 (1) the amount of the survivor's pension is established taking into account 6 as a basis for calculation: the deceased breadwinner's pension), if he was retired;
  

b) to which he would have been entitled, under the law the sponsor, for the hard work and the limit of age or invalidity.
  

(2) the survivor's pension is determined as a percentage of the pension holder, so 50 per cent for a single survivor, 75 per cent for two and 100 per cent for several offspring, at this pension.
  


Article 45 in the case of children orphaned of both parents entitled to survivor's pension amount shall be determined taking into account 6 as a basis for calculation: a) up to three kids, the best value for money of a single parent;
  

b) for four children, best value for money of a parent plus one half of the pension of the other parent;
  

c) for five and more children, pensions of both parents.
  


Article 46 (1) payment of the pension is suspended during the time as the pensioner survivor is employed or carries out income from a permanent activity as self-employed or small craftsman with his own workshop. Payment of the pension is suspended and a successor when his wife got married.
  

(2) when one of the survivors lose pension rights, others continue to receive part of the pension due to them until that time.
  


Chapter 6 the setting and payment of pensions in article 47 (1) in order to ensure compliance with the strict provisions of the law concerning the establishment of retirement, to correct an obvious keep of all necessary data and other elements on the basis of which it will lay down the rights to pension and other social insurance rights under the collective organs of the Socialist units shall constitute the Board of pensions and social security.
  

(2) the boards of pension and social security are made up of 3-7 members and are led by a representative of the collective bodies. The Commission representatives are part of the personal compartments and staffing, organisation of trade union women, panels and other representatives of the working people, as well as specialized doctor.
  

(3) the Comission is determined by the collective management body in conjunction with the Socialist Trade Union Committee.
  


Article 48 (1) for the purposes of determining the pension, the person concerned shall draw up pension file which must contain the employee work records, and any other necessary documents. The retirement package is checked by the pensions and social insurance, which is required to report any irregularities unit leadership. The unit carries the full responsibility for the accuracy of the data contained in the pension and retirement card.
  

(2) where, for reasons good, some people don't have work, proof Books, activity can be done and submitted with acts which, according to the legal norms concerning the completion of the work's license, are available to confirm the age of the work.
  

(3) where, from the addition of periods of work experience follows the larger factions of 6 months old they are complete within a year, and the smallest is neglect.
  

(4) time worked abroad are taken into account in determining the pension has contributed to the State social insurance or if there are rules in this regard in conventions concluded by the Socialist Republic of Romania with the States concerned.
  


Article 49 (1) Establishments are obliged to submit the pension Division for labour issues and social ocrotiri, with at least 90 days before the date on which the retirement is to take place for the hard work and the age limit.
  

(2) The invalidity, retirement shall be filed not later than 30 days after receipt of the decision of employment in one of the degrees of disability, and for the survivors, not later than 30 days after the date of death of the breadwinner.
  

(3) the invalidity pension Dossier drawn up by the Committee responsible for pensions and social insurance in the drive must contain the conclusions of the medical expertise, as confirmed by the doctor and hospital organisation.
  


Article 50 (1) within 30 days of the receipt of the dossier by the retirement of the Labour Directorate and social ocrotiri is required to verify whether the file contains all the data necessary for the establishment of the Commission to propose pension and the pension issue, the district's decision to retire.
  

(2) in the case of retirement for work accident or disease, the dossier will be submitted in the same term at the County's medical expertise and recovering work capacity.
  


Article 51 Pensions payable to those who at the date of application for retirement were employed in the work, from the date on which they were approved by the decision of the County Commission's retirement pension. The unit may not terminate the activity of the person who has requested inclusion of retiring than after receiving the retirement decision.


Article 52 (1) County Committees and of the municipality of Bucharest, are called, by decision of the Executive Committee of the Council of the municipality or county people's Bucharest, with the agreement of the Ministry of labour and the Central Council of the General Union of trade unions of Romania and have the following composition: Chairman: a Vice President of the Executive Committee of the Council of the municipality or county people's Bucharest, where appropriate;
Members: a judge designated by the President of the Tribunal or of the Bucharest Tribunal;
-Director of the Directorate for labour issues and social ocrotiri;
a member of the County Council of trade unions or of the municipality of Bucharest;
a representative of the County of Union of agricultural cooperatives of production;
-one representative from the governing bodies of organizations and women and youth, and the municipality of Bucharest.

(2) the County Commissions of pensions pension decisions issued on the basis of proposals from the County directorates for labour issues and social ocrotiri or medical expertise commissions and recovering work capacity, where appropriate.
  

(3) the County Pension Committees shall examine appeals against decisions of the boards of pension and social insurance units and boards of expertise and capacity for recovery work.
  

(4) decisions of the boards of appeal may be retirement, within 30 days after the communication to the Central pension scheme.
  

(5) Decisions which have not been appealed within the Central Commission and pension decisions are final.
  


Article 53 (1) In the framework of the guidelines for employment issues and social ocrotiri County and the municipality of Bucharest, works committees of medical expertise and recovering work capacity consisting of 9 to 13 members. From committees:-Director of the Directorate for labour and social ocrotiri or replacement;
-sanitary Director or replacement;
-representatives of local bodies of trade unions;
-representatives of women's organizations;
-representatives of the Socialist working people;
-specialized doctors.

(2) the Commission is nominal Component approve by decision of the Executive Committee of the Council of the municipality or county people's Bucharest, with the agreement of the Ministry of labour and the Central Council of the General Union of trade unions of Romania.
  


Article 54 the County Commissions and recovery expertise work capacity have the following main tasks: to check the lawfulness and merits) proposals on pension and insurance committees in units, regarding compliance with the degree of invalidity;
  

b) retirement as county commissions to propose the issuance of decisions of employment in one of the degrees of disability;
  

c extension proposals) over 90 days of holidays and give consent to medical certificates for these holidays;
  

d) periodically analyzes the health staff worker of Socialist and propose the necessary measures for elimination of the deficiencies found;
  

e) directs and controls the boards of pension and social security from units in matters relating to expertise and recovering work capacity.
  


Article 55 (1) Central Committee of the Ministry of labour works Pension, having the following composition: Chairman: a Deputy Minister of labour;
Vice President: a Secretary of the Central Council of the General Union of trade unions of Romania;
Members:-the Director general of the General Directorate of insurance and pension from the Ministry of labour;
-Director of the Institute of medical expertise and recovering work capacity;
-one representative of the Ministry of Justice, Ministry of finance, Ministry of health, the Central Council of the General Union of trade unions of Romania, the National Union of Agricultural Production Cooperatives, the Central Committee of the Communist Youth Union and the National Council of Women, appointed from among the members of the management organs of those ministries and organizations.

(2) component of the Central Commission of Pensions shall be fixed by decision of the Council of Ministers.
  


(3) Central Committee of Pensions shall be an appeal; in this capacity, Commission judge and decides upon applications for review of decisions given by the county commissions and of Bucharest and monitor the implementation of the legislation on the pension and retirement of territorial bodies of State social insurance.
  


Article 56 the mode of organisation and functioning, powers and responsibilities of the Central Commission, county commissions, commissions on medical expertise and recovering work capacity, as well as the boards of pension and social insurance establishments shall be laid down by the regulation approved by Decree of the State Council.


Article 57 personal Pension is paid the holder shall submit to the House or savings and, at the request of Consemnaţiuni and name. Where pension pensioner cannot be honoured, it shall be lodged at the Casa de Economii Consemnaţiuni's proprietor and.


Article 58 (1) the survivor's pension granted under the law, children cannot be used in the care and education of their purpose, regardless of the quality of the person receives. People who have children in care benefiting from the survivor's pension, shall be required to justify the use of sums collected only for the purposes mentioned.
  

(2) the survivor children that were only healthcare institutions shall submit to the House and on their behalf, Consemnaţiuni, after they have paid the amounts owed under the law for maintenance in those institutions.
  


Article 59 (1) payment of the pension and other rights relating thereto shall cease with the month following that in which the beneficiary no longer meets the legal conditions under which they have been granted.
  

(2) the amounts never collected by the deceased pensioner, the month in which death occurred, shall be paid to members of the family.
  


Article 60 (1) payment of the pension and other rights attaching to adjourn on time as the pensioner: to execute a) deprivation of liberty;
  

b) domicile established on the territory of another country.
  

(2) as a pensioner at the time of disability degree is in units of social assistance, payment of the amount awarded shall suspend for care.
  

(3) the suspension of the payment of the pension shall be made as of the month following that in which it occurred, the cause of which has led to the suspension.
  


Article 61 (1) in the case referred to in article 1. 60 para. (1) (a). the decision) if the conviction was disbanded and he was acquitted in the case will pay the amounts for the duration of the suspension, without exceeding 12-month pension.
  

(2) After the execution of the sentence, or in the case of pardon or amnesty, payment times shall resume as of the month following that in which the pensioner was freed.
  


Article 62 (1) Retirement reincadrati temporarily have an obligation, within 15 days from employment, to communicate the unit's retirement and the date on which the amount of work and retributiei. The same obligation and the unit in which they are engaged retirement.
  

(2) the courts shall, within 15 days from the date of the pensioner's conviction, to communicate this situation, in writing, of the pensions concerned.
  


Article 63 (1) persons who have worked in cooperative farming units and have a work experience in working in the State sector for at least five years, shall be entitled to a pension of State social insurance period if the two sectors worked in is greater than 10 years.
  

(2) in addition, the people who worked in the cooperative craft units or in other sectors with their own social security systems and have a work experience in working in the State sector for at least five years, shall be entitled to a pension of State social insurance if the period worked in these sectors is more than 10 years.
  

(3) the amount of the pension for State social insurance period shall be fixed properly worked in the State sector, and for the period worked in cooperative units in agriculture or in other sectors, the pension is calculated, in the ratio of length of service in these sectors.
  


Chapter 7 Supplementary Pension Article 64 (1) additional Pension is based on the principle of mutualitatii between insured persons, who contribute to this end, with 2% of their monthly tariff remuneration.
  

(2) the work may contribute voluntarily with another 2% of monthly remuneration additional tariff payments. In this case the total contribution will be 4% of the tariff remuneration. Those who have voluntarily contributed with 4% of the tariff remuneration shall receive a supplementary pension scheme according to the present law.
  

(3) additional pension contribution shall retain and shall be transferred by units in a special account at the Casa de Economii and Consemnaţiuni, which are subject to a 3% annual interest.
  


Article 65 (1) people who have contributed, according to the law, the Fund for additional pension benefits from this pension from the date of termination of activity as a result of retirement.
  

(2) to persons who have contributed with 2% additional pension is determined as a percentage of tariff remuneration used to calculate the pension insurance, after years of contribution, as follows: as follows: Time how was 1,270% of tariff treatment-over 20 years 12-15-20 years, including a 10-year, 10-15, including an 8-5-10 years, including 5 Article 66 (1) people who have contributed on a voluntary basis with 4% of the monthly tariff remuneration shall receive a supplementary pension scheme established in percentage of remuneration used to calculate the pension insurance, after years of contribution as follows: time how was 1,270% of tariff treatment-over 25 years 18 to 20-25 years, including 16-15-20 years, including 14-10 to 15 years, including 12-5-10 years, including 8 (2) to persons who have contributed to the supplementary widow's pension for a period of 2% and another period with 4% pension is calculated according to the percentages corresponding to the contribution of 4%; in this case, every two years the contribution of 2% shall be taken into account as a year of 4% contribution.
  


Article 67 Persons who paid the additional pension contribution for a period of up to five years, they shall be returned, at retirement date, amount contributed, plus 3 percent interest.


Article 68 additional Pension shall be granted to survivors, at the rate of 50% of the quotas laid down for survivor's pension insurance.


Article 69 where a person has paid for the additional pension contribution from various sectors with their own social security systems and pensions, taking into account all the years of contribution. In this case, the sector pays social insurance pension and supplementary pension payable.


The provisions of article 70 of this law relating to the determination and payment of pensions, as well as the recalculation of pension law or suspend payment thereof, apply properly and supplementary pensions.


Chapter 8 social assistance and other social insurance rights in article 71 (1) persons falling within the work are entitled in the event of illness, free of charge, from medical care in hospitals and outpatient Diagnostics and drugs at the time of admission, in accordance with the law.
  

(2) the period during which the persons placed in work may not fulfil the obligations of work due to illness which requires medical care, medical leaves and benefits from social security funds.
  

(3) labour enjoys referring People to treatment or rest in spas.
  


Article 72 Women falling into the enjoys work benefits from social insurance funds in the event of maternity for sick child care.


Article 73 People in work who have suffered accidents or have contracted illnesses that they have produced serious damage to the body, receive allowances for the purchase of prostheses or other sanitary materials.


Article 74 in the case of death of the person placed in work or family member death aid shall be granted.


Article 75 the conditions under which it is granted allowances from social security funds and the amount thereof shall be determined by Decree of the State Council.


Article 76 Persons incapable of work due to age or chronic diseases, disabilities, deficientii of all the categories, destitute of their existence and not having legal supporters, under the conditions provided by law for social assistance or care in institutions for the protection and social assistance, and other forms of social assistance.


Article 77 (1) Retirement and others in years or sick who need material possibilities but care from other persons, also benefits from support from the State through the institutions of social protection and assistance.
  

(2) maintenance expenses in healthcare and social assistance shall be covered, under the conditions established by law, of the pension or spouse's contribution from (wife), children or parents, according to their possibilities.
  

(3) institutions for the protection and social assistance will create the conditions necessary for the persons concerned to be able to carry out a useful task, according to their capacity.
  


Article 78


In the case of minors with physical or intellectual deficiencies, the State organizes special care units and educational, thanks for professional training and educating them.


Article 79 Retirement and their family members shall have the right during the stay in the hospital, the medical care and medications free of charge.


Article 80, as well as their family members are entitled to medical care and medicines, according to the law, for outpatient treatment.


Article 81 Retirement benefits, according to the law, treatment in spas.


Article 82 in the event of the death of the pensioner or a member of the family shall be granted under the same conditions as for the staff worker, death grants.


Chapter 9 final and transitory provisions Article 83 Applications in front of orcaror bodies aimed at establishing a pension rights, as well as all acts of procedure in connection with this law, are exempt from any stamp duty.


Article 84 (1) the sums paid without grounds, by way of a retirement pension or other rights related thereto, shall be recovered by the law from those who received them. The remaining amounts not recovered from the deceased pensioners no longer follow.
  

(2) the recovery of any sums paid to retirees without basis is done on the basis of the decision by the pension data, which shall be enforceable.
  


Article 85 persons, through failure to comply with the legal provisions determining the payment of pensions, are obliged to refund them, according to the law.


Article 86 in fixing social security pensions and supplementary pension, fractions of a lion is complete at a lion in favour of pensioner.


Article 87 pensions and social aid established before this law, still remain, as long as the conditions are met under which they were granted.


Article 88 (1) Disability Retirement of any degree which, according to legal provisions, existing medical revizuibili, from the date this law will be reexaminati by medical expertise commissions and recovering work capacity, the processes laid down by the law.
  

(2) persons who as a result of the review to be medical reincadrate in work shall retain the right to receive a pension until the engagement work, but not later than 31 December 1997. Disability retirement of any degree, which at the entry into force of this law shall enjoy pension and retributie, retain that right as long as you continue to be employed in the work, but not later than 31 December 1997. During this period the Socialist units are obliged to undertake jobs corresponding ability laid down by law. The age limit for retirement who are employed in the work as at the date of entry into force of the present law and the pension remuneration are cumulative with the conditions and limits laid down by law, still retain this right, how much time are employed in the work, but not later than 31 December 1997.
  


Article 89 Nevazatorii receive full pension for work, if you have a seniority of at least 15 years men and women for 10 years, the age of fulfillment 50 years men and women 45 years of age. These retirees receive a pension in full and on time as are employed in the work.


Article 90 pension Applications pending the resolution of the pension bodies will be settled according to the provisions of this law.


Based on the principles of article 91 of this law, other business sectors with their own social security systems and pensions will draw up its own rules.


Article 92 this law shall enter into force on 1 July 1977. On the same date shall repeal: Law No. 27/1966 on pensions of State social insurance and supplementary pension and H.C.M. nr. 252/1967 for law enforcement nr. 27/1966, with all subsequent amendments, as well as any other provisions contrary to this law.
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