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 PARLIAMENT ISSUING Published in MONITORUL OFICIAL NR. 251 of 16 December 1991 the Parliament of Romania adopts this law.
Article 1 the amount of indemnities for temporary incapacity for work caused by an accident, an accident occurred during the journey to and from work during the period and on the normal route of travel required, occupational disease, tuberculosis or other infectious diseases with evolutionary infectious communicable-Group A is 100% of base salary, regardless of the nature of the employment contract and the length of the work.
Article 2 (1) persons persecuted for political reasons — established dictatorship of 6 March 1945, deported abroad times company formed in prisoners, provided for in Decree-Law No. 118/1990, as amended and supplemented, receive free tickets for treatment in spa resorts, once a year, on the recommendation of the doctor.
(2) expenses for referral to treatment balneotherapy and of the persons referred to in paragraph 1. 1 it supports from the State social insurance budget, and tickets are distributed through the directorates of labour and social protection.
Article 3 Law No. 3/1977 on the pensions of State social insurance and social assistance changes and completed as follows: 1. Article 20 (1) shall be supplemented with the letter d), and (2) change in the following wording: "(d)) has fulfilled his military service, he was a pupil of a school or a student of a military institution of higher learning, has been concentrated , mobilized or transported; This right also benefit those who retired after July 1, 1977. Appropriate rights will be awarded from the date of entry into force of this law, upon request, starting with the month following the submission of the latter. "" (2) constitutes the work and the time during which a person is employed in the work and has ceased operations since he was suspended from Office times was disposed of the contract of employment, if such measures were subsequently annulled as illegal. "
2. Article 30 shall be repealed.
3. Article 38 shall be completed with ^ 1 two paragraphs which would read as follows: "(2) the rights referred to in paragraph 1. (1) benefit people who, in relation to age, at least half the length of the work set out in the table in paragraph 2. 1, in which case the amount of the pension shall be determined in proportion to the length of the work of the pension established what would be proper for the length of the integral.
(3) shall be entitled to invalidity pension and disability arising from the date were not placed in work, but also the age of the work referred to in paragraph 1. (1) and (2). "
4. Article 39 shall be supplemented by a new paragraph which shall read as follows: "(3) the survivor's pension is granted, and where the author, at the time of death, was not employed or retired, but have a minimum length of service prescribed by law for obtaining a pension."
5. Article 40 shall modify and shall read as follows: ART. 40. Children are entitled to-survivor's pension: a) up to the age of 16 years or, if they continue their studies, until their completion, without exceeding however the age of 25 years and 26 years in the case of those who follow higher education, the duration of schooling more than 5 years;
b) if they found themselves in a State of disability, of any grade, before the completion of referred to in subparagraph (a). a), throughout the duration of disability. "
6. Article 46 (2) amend and shall read as follows: "(2) where the number of beneficiaries of survivor's pension shall be recalculated pension change according to art. 44 para. (2); pension recalculation is done and for the beneficiaries of survivor's pension whose number has changed the previous occurrence of the Decree-Law nr. 70/90. "
7. Article 52 shall modify and shall read as follows: ART. 52.-establishment of pension or retirement application rejection is made by the decision issued by the pension Office within the Directorate of labour and social protection, which will include the grounds of fact and law that led to the admission or rejection of the application. It shall be communicated in writing to the unit concerned and the petitioner. "
8. is inserted after article 52 article 52 ^ 1 with the following content: "ART. 52. ^ 1-against the decision issued pursuant to article. 52, a person can enter the opposition, within 30 days of the communication of the Commission, appeal what works under the direction of the County's labor and social protection or advising the Directorate-General for employment and social protection Bucharest, having the following composition:-Director of County labor and social protection, the Directorate-General for employment and social protection Bucharest , as President;
a delegate of the General Directorate of public finance operation, the General Directorate of public finance of the municipality of Bucharest, as a Member;
a pensioner with legal training designated by the pensioners, as a member. "
9. Article 53 shall modify and shall read as follows: ART. 53. — (1) for the purpose of medical Expertise, is done by committees of medical expertise and recovering work capacity advising offices and offices of medical expertise and recovering work capacity which works within the following territorial polyclinics component:-head of Cabinet Office or medical expertise and recovering work capacity, as President;
a doctor in the main speciality of the debilitating disease of the patient, as a Member;
-a doctor of medicine or a doctor, preferably from the unit where the patient has provided the last occupation as a member.
(2) medical expertise commissions and recovering work capacity, which works within the cabinets of medical expertise and recovering work capacity, issued decisions of employment or rejection of affiliation to a degree of disability.
(3) Decisions issued by the committees referred to in paragraph 1. (2) can be appealed within 30 days of the communication of medical expertise commissions and recovering work capacity which function under the auspices of medical expertise offices and recovering work capacity, respectively, of the district sectors of Bucharest. "
10. Article 54 shall be repealed.
11. Article 55 shall modify and shall read as follows: ART. 55. — (1) the decisions of the pension offices and boards of medical expertise and recovering work capacity uncontested within are final.
(2) the decisions of the boards of appeal database of County pensions can be attacked according to the law on administrative courts no. 29/1990. "
12. Article 57 shall modify and shall read as follows: ART. 57.-the pension is paid to the personal representative of the holder of power of attorney with the times or, at the request of the holder, be submitted to the House and name Consemnaţiuni. "
13. Article 59 (2) amend and shall read as follows: "(2) the amounts never collected by the deceased pensioner was a pension for the month in which the death occurred and, where appropriate, in respect of pension rights due and not paid till death shall be paid to the surviving spouse, children or, in their absence, the parents of the deceased person who proves that the times him until death."
14. Article 63 shall modify 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 a pension of State social insurance if the periods worked in old work totals of at least 10 years.
(2) the amount of the pension for State social insurance period shall be fixed properly worked in the State sector, and for the periods worked in other sectors separate pension shall be calculated, in relation to the length of service in these sectors. "
15. Article 65 shall be supplemented by a new paragraph (3) with the following content: "(3) persons who have contributed to the supplementary pension fund until 30 June 1986, in percentages of wages in force and for a period of less than five years after that date, the quota of 3% laid down by Decree nr. 232/1986, they add, the additional pension determined in percentage calculation in force before 1 July 1986, a proportional difference in time in lesser amounts. Supplementary pensions established with effect from 1 July 1986 may be recalculated upon request, in accordance with the provisions of this law, from the date on which payment of the pension-setting decisions. "
16. Article 68 shall modify and shall read as follows: ART. 68. additional Pension shall be granted on-posterity in percentages as provided by law for the survivor's social insurance. "
Article 4 Article 5 of Decree No. 245/1977 on I.O.V.R. change and pensions shall read as follows: ART. 5.-(1) the children of the dead or missing in the war, and those who subsequently died as a retired I.O.V.R., are entitled to survivor's pension under the conditions in which it is granted, according to the law, survivors ' pensions under the State social insurance.
(2) war widows are entitled to survivor's pension, irrespective of the duration of the marriage with the deceased.
(3) the wives of those who have died as a retired I.O.V.R. are entitled to survivor's pension under the conditions in which it is granted, according to the law, survivors ' pensions under the State social insurance.
(4) where, at the time of death, the sponsor received a pension I.O.V.R. pension and social security, the survivor's pension shall be determined from the most advantageous pension. "
This law was adopted by the Senate at its meeting on 9 December 1991.
Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU this law was adopted by the Chamber of deputies at its meeting of 10 December 1991.
PRESIDENT Of The CHAMBER Of DEPUTIES MARTIAN D — — — — — — — — — — — — — — — — — — — — — —