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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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LEGE no. 3 3 of 30 June 1977 on state social insurance and social assistance pensions
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 82 82 of 6 August 1977



In the Socialist Republic of Romania, work constitutes a fundamental right and an honorary duty of all members of society. All working citizens are obliged to perform a useful activity, in relation to their training and skills, the requirements of the national economy. The working people, the makers of all material and spiritual assets of society, fully benefit from the fruits of their labor, according to the socialist principle of retribution by the quantity, quality and social importance of labor. Based on the contribution made to the development of society, the socialist state guarantees every citizen, regardless of gender or nationality, the right to a pension. At the same time, people unable to work and lack means of existence, the state gives them material support in social assistance. The pension established in relation to the quantity, quality and social importance of the work made ensures all citizens who have reached the age provided by law, or have lost all or most of their capacity due to accidents or diseases, proper living conditions, according to the level of development of the national economy. The application of the principles of socialist ethics and fairness makes it necessary for the pension to be determined in accordance with the contribution made by each working man to the general development of our socialist society and also to achieve a report equitable between the income from retribution and those from retirement, which will continue to ensure the stimulation of those who actually work in different sectors of material production and social-cultural activity. In order to improve the legislation in this field, The Great National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 General provisions + Article 1 (1) In the R. S. R. are entitled to a pension all citizens who have submitted a useful work to society in the sectors of material and social-cultural production. (2) The pension shall be determined in relation to the contribution made by each working man to the development of the society, according to the socialist principle of retribution according to the quantity, quality and social importance of work and differentiated according to the age in work, retribution and work group. (3) In relation to the conditions, complexity and importance of work, the jobs fall within group I, II or III of work, by decree of the State Council. + Article 2 (1) The right to pension shall be granted at the end of the age established by law in relation to the nature of the work performed and the number of years actually worked in economic and social activity. (2) It also benefits from the right to pension persons employed, who have lost all or most of their ability to work. The amount of the pension shall be determined in relation to the causes and degree of invalidity, as well as to the length of service. + Article 3 (1) The right to the social security pension is recognized to all citizens of the country who have carried out a permanent activity on the basis of a labor contract and for which the socialist units have submitted the contribution provided by law, to the state social insurance. (2) The funds necessary for the payment of state social insurance pensions shall be constituted by the contributions paid by the socialist units, as well as from the amounts allocated for this purpose from the state budget. + Article 4 Socialist units are obliged to provide for the entire working staff the correct record of the seniority, of the related retribution and of the other necessary elements, according to the law, when establishing the pension. + Article 5 (1) A person may receive a single full social security pension. If he has worked in other sectors with his own retirement systems, he receives both the social security pension and the pension due to him from those sectors, in relation to the work done and the established seniority, according to the law. (2) The amount resulting from the cumulative pensions will not be able to exceed the level of the social insurance pension that would have been due to that person if the entire activity had been performed in a state unit. + Article 6 (1) Socialist units may not fit retired persons into a permanent activity. In exceptional cases and with the approval of the bodies provided by law, the units may use pensioners only for temporary activities or for the execution of works. (2) The amounts made from these cumulative activities with the pension cannot exceed the level of retribution that the pensioner had at the time of retirement, updated according to the increases of the retribution for that position. + Article 7 The pension is not taxable and cannot be disposed of either totally or partially. The right to a pension is unforeseeable. + Chapter 2 Pension for work and age limit + Article 8 (1) The working staff who have a working age of at least 30 years men and 25 years women are entitled to a pension for their work and age limit, at the age of 62 men and 57 years old women. (2) Persons employed who are at least 30 years old men and 25 years old women, are retired, at their request, and at the age of 60 men and 55 years old women. (3) Persons who wish to continue the activity and after reaching the age of 62 men and 57 years women, may ask, 3 months before the fulfillment of these ages, that the unit maintain them in work for a period of no more than 3 years. If the unit does not approve the application, the person concerned may address the higher hierarchical organ, which may decide to keep in work, in the same unit, or in another subordinate unit, or to register for retirement. + Article 9 (1) The work that is taken into account in determining pensions for the work done is the time as long as a person has been framed under a contract of employment. (2) The proof of seniority in work, for retirement, is made by the work card, drawn up according to the law. + Article 10 The tariff retribution, which is taken as a basis for calculation when establishing the pension, is the average of monthly tariff retributions in 5 years worked consecutively, of choice, from the last 10 years of activity. + Article 11 (1) The full pension for the work submitted and the age limit shall be determined in percentages of the tariff retribution, differentiated on tranches of retributions and labor groups, established according to the law, as follows: Group I de muncaGroup II of work Group III work Retribution of tariff-lei-Pensia in percentages of tariff retribution Minimum penalty of pension -lei-Pensia in percentages of tariff retribution Minimum penalty of pension -lei-Pensia in percentages of Tariff retribution Minimum price of pension -lei-up to 120085-80-75-1 201-16008010207596070900 1 601-2000751280701200651120 2 001-2500701500651400621300 2 501-3000651750621625601550 3 001-3500621950601860581800 3 501- 4000602170582100562030 4000602170582100562030 over 4000582400562320542240 (2) The percentages corresponding to groups I and II of work apply to persons who have actually worked in these groups for at least 20 years in group I or 25 years in group II of work; if they have worked less, the percentages corresponding to group III shall be granted an increase in proportion to the time actually worked in groups I and II. + Article 12 People who have total age in work for more than 30 years men and 25 years women, benefit, for each extra year, from the first five years, from a pension increase of 1% and for each extra year over five years, by an increase of 0.5% of the tariff retribution used in the calculation of the pension. + Article 13 (1) Persons who do not have full seniority but are at least 15 years old, are granted a pension, at the age of 62 men and 57 years old women, in proportion to the number of years of seniority. (2) Persons who have a working age of 10-15 years are granted a pension of 350 lei monthly for 10 years, and for each additional year, up to 14 years inclusive, 25 lei are added. + Article 14 (1) Persons who have actually worked for at least 20 years in places that, according to the law, fall into group I of work, or at least 25 years in group II of work, when establishing the pension shall be taken into account, for each year worked in these groups: a) one year and six months for group I of work; b) one year and three months for group II work. (2) On this basis persons who worked in groups I and II of work have the right, on request, to be retired, at the end of the age of: a) 52 years, for group I and 57 years for group II, men; b) 50 years for group I and 52 years for group II, women. (3) Persons who meet the conditions provided by par. (1) are retired, on request, and at 50 years, both men and women in the first group of work, and at 55 years old men or 50 years old women, from group II of work. (4) Persons who have seniority in the work provided by law and have actually worked for at least 15 years in the places classified in group I of work or at least 20 years in the places classified in group II of work have the right, on request, to have their age reduced by retirement provided by art. 8 8 para. 2, in proportion to the years worked in groups I or II of work, but not less than 52 years, for group I and 57 years for group II, men, or 50 years for group I and 52 years for group II, women. + Article 15 (1) Persons who have the right to be retired with the reduction of the age, may ask to continue to work, in the same place of work or in other easier ones, until the end of the age of: a) 55 years for group I and 60 years for group II, men; b) 52 years for group I and 55 years for group II, women. (2) These persons retain the right to a pension according to the group of work from which they come, and the period still worked is considered to be seniority in groups I or II of work. + Article 16 Persons who have worked for at least 5 years in groups I and II of work have the right to take them in the calculation of seniority, 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, the limit of the retirement age is not reduced. + Article 17 (1) Civil aviation personnel who are at least 25 years old at work men and 20 years old women, at the establishment of the pension shall be taken into account an additional seniority according to the law, in relation to the number of flight hours, of the type of aircraft and function performed. (2) On this basis, the aircrew shall be entitled, upon request, to be retired at the age of 50. (3) Navigating staff who do not have the seniority in the work provided in par. (1) has the right to be taken into account the additional seniority established according to the law. In these cases, the limit of the retirement age is not reduced. + Article 18 (1) Women with a working age of 25 years, who have given birth to at least 3 children and raised them up to the age of 10, may ask for retirement before the retirement age, as follows: a) with one year for 3 children; b) with two years for 4 children; c) with three years for more children. (2) The retirement age shall be reduced by years, and shall not be less than 50 years. + Article 19 (1) Teachers and lecturers from higher education, as well as main scientific researchers I and II who have a working age of at least 30 years men and 25 years women, retire at the age of 65 men and 60 years old. women. They may be kept in business at their request and with the consent of the establishment, for a period of no more than 5 years. (2) Persons referred to in par. (1) will be retired, at their request, at the age of 62 men and 57 years old women. + Article 20 (1) When determining the length of time in work, the time in which the person shall be taken into account a) was held in camps or prisons, for revolutionary, anti-fascist or democratic activity. Each year of ownership shall be considered as a one-year and six-month working age; b) was removed from service for revolutionary, anti-fascist or democratic political activity, before August 23, 1944, or as a result of racial or national persecution, between January 1938 and December 1945; c) carried out an anti-fascist revolutionary activity, recognized by the law enforcement bodies, as seniority. (2) It constitutes seniority in work and the time when a person in employment has interrupted his activity because: a) fulfilled the military service in the term, was concentrated, mobilized or in prisoner; b) was suspended from office or was terminated the employment contract, if these measures were later annulled as illegal. (3) It is considered to be seniority in work and the period during which a person in employment follows professional or political training courses. (4) It is also considered seniority to work the periods for which it was paid to the former social insurance, or to the pension houses taken over by the state. (5) For persons who have been assigned to work, according to the law, with reduced hours, the seniority shall be taken into account in proportion to the time worked. (6) The period during which a woman was classified, with reduced hours, according to the law, for the care of children aged up to 6 years, shall be counted as full time. + Article 21 ((. The average of the monthly repayments to be taken into account in the calculation of the pension shall be determined on the basis of: a) the tariff rate of employment, for those paid by the month; b) the tariff rate of employment, corresponding to 204 hours, for those paid by the hour, including the staff working in the agreement; c) the retribution of the calculation tariff, for those repaid with the percentage share; d) the retribution to which the social insurance contribution was paid, for those employed in individuals. (2) In the case of persons entitled to retirement, who have been employed and to international organizations, joint ventures or other organizations abroad, receiving retributions in foreign currency, the establishment of the pension calculation base shall be taken in consideration of the tariff rates of employment at the level of similar functions in the country, valid during the corresponding periods if the legal contributions to state social insurance have been paid. + Chapter 3 Pension for loss of work capacity from work accident or occupational disease + Article 22 The units have the obligation to ensure the persons employed the necessary conditions for the proper conduct of the activity and to take the labor protection measures provided by law, in order to eliminate any causes that may lead to diminution or loss of their work capacity. + Article 23 (1) People employed, who due to accidents at work during the performance of their duties or due to occupational diseases have lost all or most of their working capacity, receive a pension on the The time of invalidity. (2) It also benefits people who have lost all or most of their capacity to work because of a disease contracted during the time they were employed, if the established disability is Grade I or II. (3) The same rights also benefit persons who have lost all or most of their ability to work during and due to the fulfilment of military obligations or state or public tasks, as well as students, apprentices and students while performing the professional practice. (4) Persons who have lost half of their working capacity and work half of the normal duration of the working hours benefit, under the law, from third degree invalidity pension. + Article 24 (1) The loss of work capacity shall be established by decision, by the county pension commissions or the city of Bucharest, on the proposal of the commissions of medical expertise and work capacity recovery, organized according to the law. (. The persons concerned may be assigned to one of the following degrees of invalidity: a) grade I, if they need care and supervision from another person; b) the second degree, the other persons who have lost all or most of their work capacity; c) Grade III, people who have lost half their ability to work. (3) The criteria and norms on the basis of which the classification is made in grades I, II III of invalidity shall be approved by decree of the Council of State. + Article 25 (1) The pension that is granted to persons who have lost all or most of their capacity to work by accidents at work, occupational diseases or other diseases contracted during the time they were employed, if the invalidity is of the first degree or II, it is established in relation to the length of service, in percentage, of the tariff retribution, differentiated on tranches of retribution and labor groups. The pension corresponding to the first degree of disability shall be determined as follows: Tariff retribution-lei -Pensia in percentages of tariff retribution for 5 years old Minimum pension of pension-lei -Pensia in percentages of tariff retribution for 15 years old Tariff retribution for 30 years old minimum pension-lei-FOR GROUP I DE MUNCA up to 120060-70-85-1201-16005572065840801020 1601-200050880601040751280 2001-2500451000551200701500 2501-3000401125501375651750 3001- 3500371200471500621950 3501-4000351295451645602170 over 4000331400431800582400 FOR THE GROUP II MUNCA up to 120055-65-80-1201-1600506606078075960 1601-20004580055960701200 2001-250040900501100651400 2501-3000371000471250621625 3001-3500351110451410601860 3501-4000331225431575582100 over 4000311320411720562320 FOR GROUP III OF MUNCA up to 12005065060-75- 1201-1600456605572070900 1601-20004070050880651120 2001-250037725471000621300 2501-300035800451175601550 3001-350033900431350581800 3501-400031980411505562030 over 4000291040391640542240 (2) For the working age between 5 and 30 years, the pension shall be calculated in proportion to the number of years worked. (3) The amount of the pension for the second degree of invalidity is 85%, and for the third degree up to 30%, of the pension corresponding to the first degree of invalidity. (4) For each year of employment over the full length of time, a pension increase of 1% shall be granted for the first five years and 0,5% for the following years, from the tariff calculation of the pension. (5) The pension for invalidity of the third degree together with the retribution received for the work submitted cannot exceed, for persons classified in group I of work 80%, for persons employed in group II of work 75%, and for persons employed in Group III of work 70%, of the retribution had at the date of establishment of invalidity, updated according to the increases for that function. + Article 26 The tariff retribution on the basis of which the pension for loss of work capacity is calculated is the average of monthly tariff retributions in 5 years worked consecutively, of choice, from the last 10 years of activity or the average retribution of the last years then when the length of service is up to 5 years. + Article 27 (1) Persons in employment, less than five years of age who have lost all or most of their work capacity by work accidents, occupational diseases or other contracted diseases during the time they were employed, have been employed. the right to a pension of 650 lei for the first degree and 520 lei for the second degree of invalidity. (2) The same rights also benefit students, students, apprentices and persons injured during the performance of military obligations or state or public tasks that in the previous period were not classified in a repaid activity. + Article 28 Pensioners in the first degree of invalidity receive besides a pension and a fixed amount for care, of 300 lei monthly. + Article 29 (1) People who have suffered accidents at work, have contracted occupational diseases or who for health reasons can no longer work under the conditions of their previous jobs will be assigned to the corresponding easier jobs their ability to work. The obligation to ensure employment in such jobs lies with the socialist unit in which they are framed. (2) Workers and maisters referred to in par. ((1), included in groups I and II of work and having a minimum age of 10 years in these groups will be assigned to the jobs to be provided with a retribution of at least 75% for group I and 70% for group II, from the retribution in force corresponding to the previous function. For more than 15 years, the percentage is 80% for group I and 75% for group II work. If it is not possible to ensure this retribution, the difference up to 70%, 75% or 80% is granted from social insurance funds including in tariff retribution. + Article 30 The decision on framing in degrees of invalidity can be challenged, no later than 60 days after communication, to the county pension commissions and the city of Bucharest, by the person concerned, or by the management of the unit in which it is framed. + Article 31 (1) Pensioners in the first degree, II or III of invalidity are subject to medical review, at intervals of 6-12 months, at the deadlines set by the commissions of medical expertise and work capacity recovery. Failure to submit to the medical review draws the suspension of the pension payment starting the following month. (2) They are subject to medical review and persons employed in work who receive the difference in retribution from state social insurance, according to art. 29 29 para. ((2). (3) The medical review can also be made at the request of pensioners, only until the 60-year-old age of men and 55 women. (4) They are not subject to periodic medical review of invalidity pensioners who present irreversible invalidity, as well as those who have reached the age of 60 men and 55 years old women. + Article 32 In the event of a change of invalidity, the pension corresponding to the new degree shall be determined on the basis of the amount of the pension referred to above. + Article 33 The provisions of this Law, which concern the way of determining the length of service and the tariff retribution, in relation to which the pension for the work done and the age limit is calculated, shall also apply accordingly to the calculation of pensions for loss of work capacity due to work accident or occupational disease. + Article 34 At the age of 60 men and 55 years old women, pensioners for loss of work capacity are passed, ex officio, in the category of pensioners for their work and age limit; in these cases they can maintain their rights related to the first and second degree of disability. + Chapter 4 Pension for loss of work capacity outside the work process + Article 35 Persons employed, who have lost all or part of their ability to work due to accidents produced outside the work process benefit from a pension if the established disability is Grade I, II or III and have a working age. at least 5 years. + Article 36 ((1) The pension shall be determined in percentage of the tariff retribution, differentiated by instalments of retributions and years of service. The pension corresponding to the first degree of disability shall be determined as follows: Tariff retribution-lei -Pension in tariff percentages for 5 years old-minimum pension of pension-lei -Pensia in tariff percentages for 5 years old-minimum pension of pension-lei -Pensia in tariff percentages for 5 years old of pension-lei-up to 12003546040-70- 1201-1600304703548065840 1601-20002448033560601040 2001-25002049031650571200 2501-30001750030775551425 3001-35001551029900531650 3501-400014520281015511855 over 400013530271120492040 (2) For the ages between 5 and 30 years, the pension is calculated in proportion to the number of years worked. (3) For each year of employment over the full length of time, a pension increase of 1% shall be granted for the first five years and 0,5% for the following years, from the tariff calculation of the pension. (4) Retired persons in the first degree of invalidity shall receive a pension and a fixed amount for care of 300 lei per month. (5) The amount of the pension for the second degree of invalidity is 85%, and for the third degree up to 30% of the pension corresponding to the first degree of invalidity. (6) The pension for invalidity of the third degree together with the retribution received for the work submitted may not exceed 70% of the retribution had at the date of establishment of the degree of invalidity, updated according to the increases for that function. + Article 37 (1) Persons who fulfil military obligations and who have become invalid in the first or second degree as a result of diseases-other than professional ones-are granted a pension without requiring the condition of seniority. (2) The pension of those who on the date of convocation in order to fulfill the military obligations were employed, shall be established under the conditions provided by art. 36. To those who do not meet the condition of seniority in the work necessary to obtain the pension, as well as those who were not employed, are granted a fixed pension of 455 lei for the first degree of invalidity and 390 lei for the second degree of disability. + Article 38 The provisions relating to the seniority and retribution of the calculation tariff, as well as to the classification of invalidity and medical review, also apply to pensions for the loss of work capacity from causes other than accidents at work or occupational diseases. + Chapter 5 Survivor's pension + Article 39 (1) The survivor's pension is granted to children and to the wife, under the conditions provided by this law. (2) The survivor's pension is granted if the deceased person was retired or met the conditions for obtaining a pension. + Article 40 (1) Children are entitled to survivor's pension up to the age of 16 or, if they continue their studies, until their completion, but without exceeding the age of 25 years. (2) The following children who, before the age of 16, became disabled in the first or second degree, receive, after the end of the payment of the survivor's pension throughout the period of invalidity, an aid of 350 lei monthly for the first degree and 300 lei monthly for Grade II + Article 41 (1) The wife is entitled to survivor's pension, throughout her life, at the age of 55, if she had at least 15 years of marriage. If the duration of the marriage was less, but for at least 10 years, the pension is granted in proportion to the years of marriage. (2) Also, a survivor's pension is granted, throughout his life, to the wife who turned 50 years old and who gave birth, until the date of death of her husband, more than 4 children, and the duration of the marriage was at least 10 years. (3) The wife is entitled to survivor's pension, regardless of age and duration of marriage during the time she is invalid in the first or second degree; she also benefits from this pension if she is not employed at the time of her husband's death and has in care one or more children aged up to 6 years. + Article 42 The wife who is entitled to a pension of her own and meets the conditions provided by law for obtaining the survivor's pension after the deceased husband, may opt for any of these pensions. + Article 43 The wife receives survivor's pension only until her employment, but no more than 6 months after the date of death of her husband, if she does not meet the conditions provided in art. 41. + Article 44 (. The amount of the survivor's pension shall be determined as the basis for calculation: a) the pension of the deceased supporter, if he was retired; b) the pension to which the supporter would have been entitled, under the law, for the work done and the age limit or for disability. (2) The survivor's pension is set in percentages of the holder's pension, thus 50 percent for a single survivor, 75 percent for two and 100 percent for several offspring, with the right to this pension. + Article 45 In the case of orphaned children of both parents the amount of the survivor's pension shall be determined by taking the calculation basis: a) up to three children, the most advantageous pension of a single parent; b) for four children, the most advantageous pension of a parent plus half of the other parent's pension; c) for five and more children, the cumulative pensions of both parents. + Article 46 (1) The payment of the pension shall be suspended during the time of the pensioner's pensioner in employment or income from a permanent activity as a self-employed or small craftsman with his own workshop. The payment of the pension is also suspended when the next wife married. (2) When one of the offspring loses the right to a pension, the others still receive the pension part that has been due to them until that date. + Chapter 6 Establishment and payment of pensions + Article 47 (1) 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 the data and other necessary elements on the basis of which the rights to pension and other rights social insurance in addition to the collective management bodies of socialist units are pension and social insurance commissions. (2) The pension and social security commissions are composed of 3-7 members and are headed by a representative of the collective management bodies. The commission includes representatives of staff and retribution compartments, the union organization, women's commissions and other representatives of working people, as well as the specialist doctor. (3) The composition of the commission shall be determined by the collective management bodies together with the union committee of the socialist units. + Article 48 (1) In order to establish the pension, the unit in which the person concerned works shall draw up the pension file which must include the work 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 unit carries the full responsibility for the accuracy of the data contained in the pension file and the retirement sheet. (2) If, for thorough reasons, some persons do not have work cards, the proof of the activity submitted can also be done with acts that, according to the legal norms on the completion of the work card, are valid for the confirmation of seniority in work. (3) If, from the summation of the periods of seniority results in more than 6 months, they are completed at one year, and the smallest ones are neglected. (4) The time worked abroad shall be taken into account when establishing the pension if the state social insurance has been contributed or if there are regulations in this regard in the conventions concluded by the Socialist Republic of Romania with the respective states. + Article 49 (1) The units are obliged to submit the pension file to the department for labor and social protection issues, at least 90 days before the date on which the retirement for the work submitted and the age limit is to take place. (2) At the retirement of invalidity, the file shall be submitted no later than 30 days after the receipt of the decision of classification in one of the invalidity degrees, and for the following, no later than 30 days after the date of death of the supporter. (3) The retirement file for invalidity drawn up by the pension and social insurance committee in the unit must necessarily contain the conclusions of the medical expertise, confirmed by the enterprise doctor and the local hospital. + Article 50 (1) Within 30 days from the receipt of the retirement file the direction for labor and social protection matters shall be required to verify that the file contains all the data necessary for the establishment of the pension and to propose to the county commission of pensions issuing the retirement decision. (2) In the case of retirement for work accident or illness, the file will be submitted at the same time to the county commission of medical expertise and work capacity recovery. + Article 51 Pensions are paid to those who at the time of the retirement application were employed, from the date when their retirement was approved by the decision of the county pension commission. The unit cannot order the termination of the activity of the person who asked for the pension to be registered until after he received the decision + Article 52 (1) The county pension commissions and the city of Bucharest shall be appointed, by decision, by the executive committee of the county or county council of Bucharest, with the consent of the Ministry of Labour and the Central Council of the General Union of Unions in Romania and have the following component: President: -a deputy chairman of the executive committee of the county or county council, as the case may be; Members: -a judge appointed by the president of the tribunal or of the Bucharest court; -Director of the Directorate for Labour and Social Protection; -a member of the office of the county council of trade unions or of Bucharest; -a representative of the county union of agricultural production cooperatives; -a representative from the management bodies of the health department and women and youth organizations, county and Bucharest municipality. (2) The county pension commissions shall issue the pension decisions on the basis of the proposals of the county departments for labor and social protection issues or of the commissions of medical expertise and the recovery of the work capacity, as the case may be. (3) The county pension commissions shall examine the appeals against the decisions of the pension and social insurance commissions in the units and the commissions of expertise and recovery of the work capacity. (4) Against the decisions of the pension commissions can be appealed, within 30 days from the communication, to the Central Pension Commission. (5) Decisions that have not been appealed within and decisions of the Central Pension Commission shall be final. + Article 53 (1) Within the directions for labor and social protection issues, county and Bucharest municipality, commissions of medical expertise and recovery of work capacity made up of 9-13 members operate. The committees are part of: -the director of the Directorate for labour and social protection matters or his replacement; -the director of the health department or his replacement; -representatives of local bodies of trade unions; -representatives of women's organisations; -representatives of working people from socialist units; -specialist doctors. (2) The nominal composition of the commission is approved by decision of the executive committee of the county folk council or of the city of Bucharest, with the agreement of the Ministry of Labor and Central Council of the General Union of Trade Unions + Article 54 The county commissions of expertise and work capacity recovery have the following main duties: a) verify the merits and legality of the proposals of the pension and social insurance commissions in the units, regarding the classification in the degree of invalidity; b) propose to the county pension commissions the issuance of framing decisions in one of the invalidity degrees; c) analyzes proposals to extend over 90 days of sick leave and endorses the issuance of medical certificates for these holidays; d) periodically analyze the health of the working staff in the socialist units and propose the necessary measures to eliminate the deficiencies found; e) guide and control the activity of pension and social insurance commissions in the units in the problems related to the expertise and recovery of the work capacity. + Article 55 (1) The Central Pension Commission operates at the Ministry of Labor, having the following component: President: -a Deputy Minister of Labour; Vice-President: -a Secretary of the Central Council of the General Union of Trade Unions of Romania; Members: -Director General of the General Directorate for Social Insurance and Pensions of the Ministry of Labour; -Director of the Institute of Medical Expertise and Work Capacity Recovery; -a representative of the Ministry of Justice, Ministry of Finance, Ministry of Health, Central Council of the General Union of Trade Unions of Romania, National Union of Agricultural Cooperatives of Production, Central Committee of the Union The Communist Youth and the National Council of Women, appointed from among the members of the governing bodies of these ministries and organizations. (2) The nominal composition of the Central Pension Commission shall be determined by the decision of the Council of Ministers. (3) The Central Pension Commission is the body of appeal and control; in this capacity, the commission judges and decides on the requests for revision of the decisions given by the county pension commissions and the city of Bucharest and follows the correct application of pension legislation by the territorial pension units and bodies of state social insurance. + Article 56 How to organize and operate, the duties and responsibilities of the Central Pension Commission, the county pension commissions, the medical expertise commissions and the recovery of the work capacity, as well as the pension and insurance commissions social units are established by regulation approved by decree of the State Council. + Article 57 The pension is paid personally to the holder or is deposited at the House of Savings and Consemnations, at the request and in his name. If the pension cannot be handed over to the pensioner, it shall be deposited at the House of Savings and Consemnations in the name of the holder. + Article 58 (1) The survivor's pension granted, according to the law, to children, can only be used for the purpose of their care and education, regardless of the quality of the person who collects it. Persons who have children in care who benefit from survivor's pension, have the obligation to justify the use of the amounts collected only for the said purpose. (2) The survivor's pension of children who have been entrusted to some protection institutions shall be deposited at the House of Savings and Consemnations, in their name, after the amounts due, according to the law, for maintenance in those institutions have been paid. + Article 59 ((1) The payment of the pension and the other related rights shall cease with the month following that in which the beneficiary no longer meets the legal conditions under which they were granted. (2) The amounts left uncollected by the deceased pensioner, for the month in which the death took place, shall be paid to family members. + Article 60 ((1) The payment of the pension and the other related rights shall be suspended during the pensioner's time: a) execute a custodial sentence; b) is domiciled in the territory of another country. (2) While a pensioner of first degree invalidity is admitted to social assistance units, the payment of the amount granted for care shall be suspended. (3) The suspension of the payment of the pension is made starting with the month following the one in which the case that led to the suspension intervened. + Article 61 (1) In the case provided for in art. 60 60 para. ((1) lit. a), if the conviction decision was abolished and the one in question was paid the amounts for the duration of the suspension, without exceeding the 12-month pension. (2) After the execution of the sentence, or in case of pardon or amnesty, the payment of the pension shall resume starting with the month following that in which the pensioner was released. + Article 62 (1) Pensioners temporarily reinstated have the obligation, within 15 days of framing, to communicate to the pension body the unit and the date from which they work and the amount of retribution. The same obligation lies with the unit in which pensioners are assigned. (2) The courts have the obligation, within 15 days from the date of the pensioner's conviction, to communicate this situation, in writing, to the respective pension body. + Article 63 (1) Persons who have worked in cooperative units in agriculture and have a working age in the state sector for at least 5 years, have the right to state social insurance pension if the period worked in the two sectors is more than 10 years. (2) Also, persons who have worked in craft cooperative units or other sectors with their own social security systems and have a working age in the state sector for at least 5 years, are entitled to social security pension. state if the period worked in these sectors is more than 10 years. (3) The amount of the state social insurance pension shall be fixed accordingly to the period worked in the state sector, and for the period worked in the cooperative units of agriculture or other sectors, the pension shall be calculated distinctly, in ratio of seniority in these sectors. + Chapter 7 Supplementary pension + Article 64 (1) The additional pension is based on the principle of mutuality between insured persons, who contribute, for this purpose, with 2% of their monthly tariff retribution. (2) Work-employed persons may voluntarily contribute 2% of the monthly fee retribution for the supplementary pension. In this case the total contribution will be 4% of the tariff retribution. Those who contributed voluntarily with 4% of the tariff retribution benefit from an additional pension increased according to this law. (3) The contribution for the supplementary pension shall be retained and transferred by the units to a special account at the House of Savings and Consemnations, for which a interest of 3% is granted annually. + Article 65 (1) Persons who have contributed, under the law, to the establishment of the fund for the supplementary pension, benefit from this pension from the date of termination of their activity as a result of retirement. (2) For persons who have contributed 2%, the supplementary pension shall be established in percentages of the tariff retribution used in the calculation of the social security pension, after the years of contribution, as follows: Thus: The time was contributed% of the tariff retribution-over 20 years12-15-20 years, including10-10-15 years, including8-5-10 years, inclusiv5 + Article 66 (1) Persons who have voluntarily contributed 4% of the monthly fee retribution shall benefit from the additional pension established in percentages of the retribution used in the calculation of the social security pension, after the years of contribution, as follows: The time was contributed% of the tariff retribution-over 25 years18-20-25 years, including16-15-20 years, including14-10-15 years, inclusives12-5-10 years, including8 (2) For persons who contributed to the supplementary pension for a period of 2% and another period by 4%, the pension shall be calculated with the percentages corresponding to the contribution of 4%; in this case, every 2 years of contribution by 2% shall be taken into account as a year contribution by 4%. + Article 67 Persons who paid the contribution for the additional pension for a period of up to 5 years, are returned, at the time of retirement, the amount with which they contributed, plus a 3% interest. + Article 68 The supplementary pension is granted to the offspring, 50% of the quotas provided for the social security survivor's pension. + Article 69 Where a person has paid the contribution for the supplementary pension to several sectors with their own social security and pension schemes, all years of contribution shall be taken into account. In this case, the sector that pays the social insurance pension also pays the additional pension. + Article 70 The provisions of this law regarding the establishment and payment of pensions, as well as the recalculation of the pension right or the suspension of its payment, shall also apply accordingly to supplementary pensions. + Chapter 8 Social assistance and other social security rights + Article 71 (1) People in employment have the right in case of illness, free of charge, to medical assistance in hospitals and outpatients, maintenance and medicines during admission, under the law. (2) During the period during which persons employed cannot perform their work obligations due to illness requiring medical care, they benefit from sick leave and allowances from state social insurance funds. (3) The working people benefit from reference to treatment or rest in the spa resorts. + Article 72 Women in work benefit from allowances from state social insurance funds in case of maternity care for sick child care. + Article 73 Persons employed in work who have suffered accidents or contracted diseases that have caused serious injuries to the body, benefit from allowances for the purchase of prostheses or other sanitary materials. + Article 74 In the event of death of the person assigned to work or a family member, death benefit is granted. + Article 75 The conditions under which the allowances from the state social insurance funds are granted and their amount shall be determined by decree of the State Council. + Article 76 People unable to work, due to age or chronic diseases, invalids, deficiencies of all categories, deprived of their own means of existence and who do not have legal supporters, benefit under the conditions provided by the social aid law or care in the institutions of protection and social assistance, as well as other forms of social assistance. + Article 77 (1) Retirees and other elderly or sick persons who have material possibilities but need care from other persons, also benefit from state support through protection and social assistance institutions. (2) The maintenance expenses in the institutions of protection and social assistance shall be covered, under the conditions established by law, from the pension or from the contribution of the spouse, children or parents, according to their payment possibilities. (3) The institutions of protection and social assistance will create the necessary conditions for interested persons to carry out a useful activity, according to their work capacity. + Article 78 In the case of minors with physical or intellectual impairments, the state organizes special units of protection and education, ensuring the necessary conditions for their professional training and their education. + Article 79 Pensioners and their family members are entitled during hospital admission, to health care and medicines, free of charge. + Article 80 Pensioners as well as their family members are entitled to health care and medicines, under the law, for outpatient treatment. + Article 81 Pensioners benefit, under the law, from treatment in spa resorts. + Article 82 In case of death of the pensioner or a family member it is granted under the same conditions as for the working staff, death helper. + Chapter 9 Final and transitional provisions + Article 83 Applications to bodies which aim to establish a right to a pension, as well as all procedural documents in relation to this right, shall be exempt from any stamp duty. + Article 84 (1) The amounts paid without basis, as a pension or other related rights, shall be recovered, according to the law, from those who received them. The amounts left unrecovered from the deceased pensioners no longer follow. (2) The recovery from pensioners of the amounts paid without basis is based on the decision given by the pension bodies, which constitute enforceable title. + Article 85 Persons who, by non-compliance with the legal provisions determine the payment of undue pensions, are obliged to return them, according to the law. + Article 86 When establishing social security pensions and additional pension, the lion factions are completed to a lion in favour of the pensioner. + Article 87 Pensions and social benefits established until the date of this law continue to be maintained, as long as the conditions under which they were granted are met. + Article 88 (1) Disability pensioners of any degree who, according to the legal provisions, are medically reviewed, existing at the date of this law, will be re-examined by the commissions of medical expertise and work capacity recovery, at established treatments, according to law. (2) The persons following the medical review are to be reinstated to work and maintain their right to a pension until employment, but no later than December 31, 1977. Invalidity pensioners of any degree, who at the entry into force of this law benefited from pension and retribution, maintain this right as long as they continue to be employed, but no later than December 31, 1977. During this period the socialist units are obliged to provide them with jobs corresponding to the work capacity established according to the law. Pensioners for the age limit who are employed on the date of entry into force of this law and cumulates the pension with retribution under the terms and conditions provided by law, continue to maintain this right, while they are assigned work, but not later than December 31, 1977. + Article 89 Blind people receive full pension for their work, if they are at least 15 years old men and 10 years old women, at the age of 50 men and 45 years old women. These pensioners receive the pension in full and during the time they are employed. + Article 90 Pension applications pending on pension bodies will be resolved according to the provisions of this law. + Article 91 Based on the principles of this law, the other sectors of activity with their own social insurance and pension systems will develop their own regulations. + Article 92 This Law shall enter into force on 1 July 1977. The same date shall be repealed: Law no. 27/1966 on state social security pensions and supplementary pension and H.C.M. no. 252/1967 for application Law no. 27/1966 , with all subsequent amendments, as well as any other provisions contrary to this law. --------------------