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Law No. 73 Of 14 December 1991 On The Establishment Of Social Security Rights, And Amendment And Complement To Some Regulations In The Legislation Of Social Security And Pensions

Original Language Title:  LEGE nr. 73 din 14 decembrie 1991 privind stabilirea unor drepturi de asigurări sociale, precum şi de modificare şi completare a unor reglementări din legislaţia de asigurări sociale şi pensii

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LEGE No. 73 of 14 December 1991 on the establishment of social security rights, as well as amending and supplementing certain regulations of the social security and pensions legislation
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 251 of 16 December 1991



The Romanian Parliament adopts this law + Article 1 The amount of allowances for temporary incapacity for work caused by accident at work, by accident occurred during movement to and from work in the period and on the normal route required to travel, by occupational disease, by tuberculosis or other infecto-contagious diseases of group A is 100% of the basic salary, regardless of the nature of the employment contract and the length of service. + Article 2 (1) Persons persecuted for political reasons of dictatorship established since March 6, 1945, deported abroad or constituted in prisoners, provided for in Decree-Law no. 118/1990, with subsequent amendments and completions, benefit free of charge of treatment tickets in spa resorts, once a year, at the recommendation of the specialist doctor. (2) The expenses for sending to spa treatment the persons referred to in par. 1 is borne from the state social insurance budget, and tickets are distributed through the directions of work and social protection. + Article 3 Law no. 3/1977 on social security and social assistance pensions shall be amended and supplemented as follows: 1. Article 20 (1) shall be supplemented by point d) and paragraph 2 shall be amended in the following wording: " d) performed the military service in the term, was a student of a military school or student of a higher education institution, was concentrated, mobilized or in prisoner; this right also benefits those retired after July 1, 1977. Due rights will be granted from the date of entry into force of the law, upon request, starting with the month following its submission. " "(2) It constitutes seniority in work and the time in which a person in employment interrupted his activity because he was suspended from office or his employment contract was opened, if these measures were subsequently annulled as illegal." 2. Article 30 shall be repealed. 3. Article 38 ^ 1 shall be completed by two paragraphs, which shall read as follows: " (2) The rights provided in par. (1) also benefit persons who have, in relation to age, at least half of the length of service provided in the table in par. 1, in which case the amount of the pension is established, in proportion to the seniority in the proven work, from the pension that would have been due for the full age. (3) They have the right to invalidity pension and persons who at the time of employment of invalidity were not employed, but they have the seniority in the work provided in par. ((1) and (2). ' 4. Article 39 shall be completed with a new paragraph, which shall read as follows: "(3) The survivor's pension is also granted if the author, at the time of death, was not an employee or pensioner, but had the minimum age provided by law to obtain a pension." 5. Article 40 is amended and shall read as follows: "" ART. 40. -Children have the right to survivor's pension: a) until the age of 16 or, if they continue their studies, until their completion, without exceeding the age of 25 years and 26 years, respectively, in the case of those who follow higher education with a schooling duration of more than 5 years; b) if they were in a state of invalidity, of any degree, before the fulfillment of the viruses shown at lit. a), for the duration of invalidity. " 6. Article 46 (2) shall be amended and shall read as follows: " (2) If the number of beneficiaries of the survivor's pension changes, the pension is recalculated according to art. 44 44 para. (2); the recalculation of the pension is also made for the beneficiaries of the survivor's pension whose number has previously changed the appearance of Decree-Law no. 70/1990 70/1990. " 7. Article 52 is amended and shall read as follows: "" ART. 52. -The establishment of the pension or the rejection of the pension application is made by decision issued by the pension office of the Directorate of Labour and Social Protection, which will include the grounds of fact and law that led to the admission or rejection Retirement request. The decision shall be communicated in writing to that establishment and to the petitioner. ' 8. Article 52 (1) shall be inserted after Article 52, with the following contents: "" ART. 52 ^ 1.-Against the decision issued under art. 52, the person concerned may enter an appeal, within 30 days of communication, to the Board of Appeals operating under the county direction of work and social protection or under the General Directorate of Labour and Protection social of Bucharest, which has the following component: -the director of the county department of work and social protection, respectively of the General Directorate of Labour and Social Protection of Bucharest, as president; -a delegate of the general directorate of county public finances, respectively of the General Directorate of Public Finance of Bucharest, as a member; -a pensioner with legal training, designated by the retirement organization, as a member. " 9. Article 53 is amended and shall read as follows: "" ART. 53. -(1) The medical expertise, for retirement, shall be made by the commissions of medical expertise and work capacity recovery from the offices and offices of medical expertise and work capacity recovery that operate in the the framework of territorial polyclinics, in the following composition: -the head of the cabinet or office of medical expertise and work capacity recovery, as president; -a doctor from the specialty of the main disabling condition of the patient, as a member; -a doctor of occupational medicine or an enterprise doctor, preferably from the unit where the patient provided the last professional activity, as a member. (2) The commissions of medical expertise and work capacity recovery, operating within the offices of medical expertise and work capacity recovery, issue decisions to frame or reject framing in a degree of employment. disability. (3) Decisions issued by the commissions referred to in par. (2) may be challenged, within 30 days from the communication, to the commissions of medical expertise and work capacity recovery operating under the offices of medical expertise and recovery of the county work capacity, respectively of the the sectors of Bucharest. " 10. Article 54 shall be repealed. 11. Article 55 is amended and shall read as follows: "" ART. 55. -(1) The decisions of the pension offices and those of the commissions of medical expertise and recovery of the unchallenged work capacity within are final. (2) The decisions of the county commissions of appeals given in terms of pensions can be appealed according to the Law on Administrative Litigation no. 29/1990 29/1990. " 12. Article 57 is amended and shall read as follows: "" ART. 57. -The pension shall be paid personally to the holder or his trustee with special power of attorney or, at the request of the holder, shall be deposited at the House of Savings and Consemnations in his name. " 13. Article 59 (2) shall be amended and shall read as follows: " (2) The amounts left uncollected by the deceased pensioner representing the pension for the month in which the death took place and, as the case may be, the pension rights due and unpaid until the death are paid to the surviving spouse, to the children or, in the absence thereof, parents of the deceased or the person who proves that he cared for him until the date of death. " 14. Article 63 is amended and shall read as follows: "" ART. 63. -(1) Persons who have worked in the state sector, as well as in other sectors of activity with their own social security systems, are entitled to state social insurance pension if the periods worked amount to a working age of at least 10 years. (2) The amount of the pension for state social insurance shall be fixed accordingly to the period worked in the state sector, and for the periods worked in the other sectors the pension shall be calculated, distinctly, in relation to the age at work of these sectors. " 15. Article 65 shall be completed with a new paragraph (3), with the following contents: " (3) Persons who contributed to the fund for the supplementary pension until June 30, 1986, in the percentages of the salary then in force, as well as a period of less than 5 years after this date, in the 3% share provided by Decree no. 232/1986, are added to the supplementary pension established in the percentages of calculation in force until July 1, 1986, a difference proportional to the time paid by 3%. Additional pensions established with effect from 1 July 1986 may be recalculated, upon request, according to the provisions of this law, from the date of payment of the decisions establishing the pension. " 16. Article 68 is amended and shall read as follows: "" ART. 68. -The supplementary pension is granted to the offspring in the percentages provided by law for the survivor's pension of social insurance. " + Article 4 Article 5 of Decree no. 245/1977 on pensions I.O.V.R. is amended and will read as follows: "" ART. 5. -(1) The children of the dead or missing in the war, as well as those who later died as I.O.V.R. pensioners, are entitled to survivor's pension as the survivors ' pensions under state social insurance are granted, according to the law. (2) The war permits are entitled to survivor's pension, regardless of the duration of the marriage with the deceased. (3) The wives of those who died as pensioners I.O.V.R. are entitled to survivor's pension under the conditions under which survivors ' pensions under state social insurance are granted, according to the law. (4) If, at the time of death, the supporter received the I.O.V.R. pension and a social security pension, the survivor's pension is established from the most advantageous pension. " This law was passed by the Senate at its meeting on December 9, 1991. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU This law was adopted by the Chamber of Deputies at its meeting on 10 December 1991. CHAMBER OF DEPUTIES PRESIDENT MARTIAN DAN ----------------------