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Law No. 43 Of 20 June 1991

Original Language Title:  LEGE nr. 43 din 20 iunie 1991

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LEGE No. 43 of June 20, 1991 amending and supplementing Law no. 42/1990 to honor the memory of the heroes-martyrs and the granting of rights to their descendants, as well as to the wounded during the Revolution of December 1989
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 135 of 25 June 1991



The Romanian Parliament adopts this law + Article 1 Law no. 42/1990 to honor the memory of the martyrs and the granting of rights to their descendants, as well as to the wounded during the Revolution of December 1989 is amended and supplemented as follows: 1. Article 1 (2) shall be completed by the following text: "or to parents, as appropriate." 2. In Article 2, a new paragraph shall be inserted as follows: "The title of Fighter for the victory of the Romanian Revolution of December 1989 is also conferred on those who were detained from 16 to 22 December 1989 as a result of participating in the demonstrations for the victory of the revolution." 3. After Article 2, Article 2 ^ 1 is inserted, with the following contents: "" ART. 2 2 ^ 1. -As a sign of appreciation for the participants direct to the demonstrations for the victory of the revolution, which were distinguished by special facts, the Romanian Revolution of December 1989 was established. " 4. Article 3 shall read as follows: "" ART. 3. -The securities provided in art. 1 and 2, as well as the medal provided in art. 2 ^ 1 is conferred, according to the law, by the President of Romania, on the proposal of a commission; the composition and functioning rules of the commission are set out in the annex, which is an integral part of this law. 5. Article 4 shall read as follows: "" ART. 4. -Description and way of awarding the meaning of the title Hero-martyr of the Romanian Revolution of December 1989, as well as the description, mode of attribution and wearing of the title of the Fighter title for the victory of the Romanian Revolution of December 1989 and of The Romanian Revolution of December 1989 was established by a regulation approved by Parliament's decision. By the same regulation will be instituted, for the parents of the heroes-martyrs, a distinctive homage insignia, with the right to wear it. Conferral of distinctions provided in art. 1, 2 and 2 ^ 1 shall be attested by patent. " 6. Article 5 shall read as follows: "" ART. 5. -The descendants or, as the case may be, the parents of the heroes-martyrs of the revolution will receive, together with the mark of the title provided 1, and the amount of 60,000 lei. The wounded of the revolution will receive, together with the insignia of the title provided 2, and the amount of 40,000lei. " 7. Article 6 (1) shall read as follows: " Persons who have lost all or part of their ability to work and the descendants of those who died, as a result of participating in the fight for the victory of the Revolution of December 1989, or in connection with the revolutionary events of December 1989, have the right to the following minimum pensions, plus the supplementary pension, as the case may be, if the pension calculated, according to the law, for the accident at work or during the performance of a state or public charge is not higher: -5,500 lei monthly for persons classified in the first degree of invalidity; -4,500 lei monthly for persons classified in the second degree of invalidity; -4,000 lei monthly for persons classified in the third degree of invalidity; -3,250 lei monthly for each survivor who benefits from survivor's pension. " 8. in Article 7 (1) (j), a new paragraph shall be inserted, with the following contents: "These gratuities also benefit the attendant of the first-degree disability pensioner;" 9. Article 7 (1) (k) shall read as follows: " k) exemption from payment of taxes and charges for buildings and related land, for hycomat cars, mototricycle and radio-tv subscriptions.; ' 10. Article 7 (1) (o) shall read as follows: " o) the free granting of a motor tricycle for persons who have lost their lower limbs or have other locomotor deficiencies, which fall within the medical criteria in force, priority when buying an hycomat car, by granting of full credits in lei, as well as the exemption from customs duties for such a car purchased from import; " 11. Article 7 (1) (r) shall read as follows: "r) retirement, with the reduction of the age provided by law by five years, for the parents of the heroes-martyrs of the revolution, their spouses, as well as for the wounded of the revolution;" 12. in Article 7 (1), the following shall be inserted after point (s): " t) priority when hiring as vinders remizieri within companies with state capital of invalidity pensioners who have lost all or part of their ability to work or to lease, by them, from the state fund, the small spaces available for production or service activities. " 13. In Article 7, after paragraph 2, a new paragraph is inserted, with the following contents: " The rights provided in par. 1 lit. b), k), m), n) and p) also benefit persons who were detained from 16 to 22 December 1989 as a result of participating in the demonstrations for the victory of the revolution. " 14. Article 8 shall read as follows: "" ART. 8-Rights for offspring, provided in art. 6 6 and 7 para. 1, may be granted, as the case may be, to parents, grandparents, brothers or sisters of heroes-martyrs, if found by the commission provided for in art. 3 that at the time of death they were in their maintenance and are deprived of means of maintenance. The parents of the heroes-martyrs, who were not in their maintenance at the time of death, will benefit from the rights provided in art. 7 7 para. 1 lit. b), e), f), g), i), k) and p), as well as the reduction of the salary tax by 30%; they will also benefit from free urban transport by public transport belonging to the units with state capital and, annually, of 4 free trips on First class railroad, round trip. People living in rural areas are also entitled to 4 free trips per year, round-trip, by train, by bus of units with state capital or by means of river transport, up to the county seat. At the time of retirement for the age limit, parents can choose between the pension due for the work carried out and the pension provided by this law for the offspring. " 15. After Article 8, Articles 8 ^ 1 and 8 ^ 2 are inserted, with the following contents: "" ART. 8 8 ^ 1. -The widows of the heroes-martyrs who have two or more minor children in maintenance will receive, in addition to the rights provided in art. 6 6 and 7 para. 1, and a monthly allowance equal to the minimum wage, while they follow the compulsory education. " "" ART. 8 ^ 2-The mothers of the heroes-martyrs, who for health reasons after the loss of the child retire, will benefit from an amount of 3,250 lei monthly, if the pension calculated, according to the law, is not higher. " 16. Article 11 shall read as follows: "" ART. 11. -The provisions of this law also apply accordingly to military of any degree, as well as to civilian personnel in the Ministry of National Defence and the Ministry of Interior who have sacrificed their lives or been injured in the fighting for victory revolution or in connection with the revolutionary events of December 1989, as well as their descendants. The provisions of this law do not benefit the persons who organized, instigated or fought, by any means, against the Revolution of December 1989, as well as their descendants. 17. Article 12 shall be supplemented by the following: "It will also ensure the rants of the revolution the currency resources for the purchase of prostheses necessary for this category of persons." 18. in point A, paragraph 1 of the Annex, the following shall be inserted after the second indent: "-a representative of the associations of revolutionaries and their descendants, legally constituted by April 30, 1991, as well as a representative of the State Subsecretariat for the Problems of the Victims of the Revolution of December 1989:" 19 paragraphs 1 and 2 of point B of the Annex shall read as follows: " Competence: the commission finds, ex officio or at the request of those concerned, the quality of erou-martyr, fighter for the victory of the Revolution of December 1989, deceased or injured in connection with the revolutionary events of December 1989, as well as the provided in art. 2 ^ 1, issues certificates proving to those legally entitled and proposes to grant the distinctions provided in art. 1 1, 2 and 2 ^ 1 of this law. The quality of erou-martyr or injured provided in the preceding paragraph is recognized to those who died or were injured between December 16, 1989 and January 10, 1990, including those who, being injured during this period, later died from cause of his injuries Those who during this period suffered bodily harm who required medical care for healing or who produced any of the following consequences: loss of a sense or organ, cessation of their operation, are considered injured. permanent infirmity physical or mental, sluggishness, abortion or endangerment of a person's life. For the purposes of this law, those who, following the participation in the fighting for the victory of the revolution, were transported and held at the headquarters of one of the organs of the former Interior Ministry, with or without fulfilling the formalities provided by law. " + Article 2 The provisions of this Law shall enter into force on 1 June 1991. The law for honoring the memory of the heroes-martyrs and granting rights to their descendants, as well as the wounded during the December 1989 Revolution, with the amendments and completions brought by this law, will be republished in the Official Gazette of the Romania, giving the articles a new numbering. This law was passed by the Senate at its meeting on June 18, 1991. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU This law was adopted by the Assembly of Deputies at its meeting on 18 June 1991. PRESIDENT OF THE ASSEMBLY MARTIAN DAN Pursuant to art. 82 lit. m) of Decree-Law no. 92/1990 for the election of the Parliament and the President of Romania, promulgation of the Law on Law no. 42/1990 to honor the memory of the heroes-martyrs and the granting of rights to their descendants, as well as to the wounded during the Revolution of December 1989, and we have its publication in the Official Gazette of Romania. ROMANIAN PRESIDENT ION ILIESCU ---------------------------------