Law No. 49 Of 25 May 1992 Concerning Modification And Completion Of Some Regulations In The Legislation Of Social Insurance

Original Language Title:  LEGE nr. 49 din 25 mai 1992 pentru modificarea şi completarea unor reglementări din legislaţia de asigurări sociale

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LAW No. 49 of 25 May 1992 concerning modification and completion of some regulations from ISSUING social security legislation, the PARLIAMENT Published in MONITORUL OFICIAL NR. 107 of 26 May 1992, the Romanian Parliament adopts this law.


Article 1 of the supplementary widow's pension of State social insurance shall be increased by 200%.
The same percentage shall be increased by supplementary pensions which will be established after the entry into force of this law, if they choose the ones as the basis of calculation for determining the pension recalculation or law, wages before 1 august 1991.


Article 2 the Decree nr. 389/1972 concerning aid to be granted social security state change and shall be completed as follows: 1. Paragraph 1 of article 1 shall read as follows: "for legal entities and individuals who use personal employee, State social insurance contribution shall be fixed as follows: tiered-35% over cîştigului gross of employees employed in Group I;
-30% on the gross cîştigului of employees employed in Group II;
-25% on the gross cîştigului of other categories of employed persons;
-15% on the gross wage received, but not less than the minimum gross salary per country, in the case of domestic staff employed by individuals to care for people in years, handicapped people and children. "
2. After paragraph 1 of article 1 insert a new paragraph with the following content: "the quotas referred to in paragraph 1. 1 include 2% contribution to offset rising prices, which shall be transferred monthly to the Ministry of health. "
3. Article 3(1) shall read as follows: "Calculation, as well as the submission of the contribution referred to in article 1. 1 shall be made monthly in social security account. "
4. According to paragraph 1 of article 3 introduces a new paragraph with the following content: "the terms of the contribution to the State social insurance are:-once the liquidation of salary rights month expiration of legal entities;
-within 20 days after the end of the calendar month, by individuals who use personal employee. "
5. In paragraph 2 of article 3 shall read as follows: "If the legal or natural persons who use the personal employee were paid, according to legal provisions, directly to their employees some social security rights as provided by law, other than those which it supports own funds, they will submit, on behalf of the State social insurance covering only the difference between the amounts payable and the contribution of social security to be paid from the State social security budget."
6. After paragraph 2 of article 3 introduce two new paragraphs, with the following content: "failure to pay social insurance contribution payments and timelines attract additional increase amounts due with 0.2% per day of delay, calculated without increases exceed the amount due. Amounts which represent increases of delay to make revenue in the budget of State social insurance.
Control of cash incomes of State social insurance and supplementary pension for the organs of the Ministry of labour and social security, which will be set up for this purpose, under the decision of the Government. "
7. Article 4 shall be repealed.
8. Paragraph 1 of article 5 shall be repealed.


Article 3 Law No. 3 of 30 June 1977 on pensions of State social insurance and social assistance changes and completed as follows: 1. Article 10 shall read as follows: ART. 10-basis of calculation in determining the pension is in 5 years working consecutively, at your choice, in the past ten years, the basic salary and to the following:-the bonus for seniority of work;
-Supplement for working underground, as well as working on marine drilling rigs and production;
-flying allowance;
-Supplement for heavy duty work;
-Supplement for working systematically over the normal;
-Supplement for exercise additional functions;
-other bonuses on a permanent basis provided for in individual employment contracts, according to the law. "
2. Article 20 paragraph 1 letter d) shall read as follows: "(d)) has fulfilled his military service, he was a pupil of a school or 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 it. "
3. paragraph 1 of article 64 shall read as follows: "the contribution of 3% additional pension is paid according to the law, by all employees covered by the social security system, for amounts received as wages, plus:-bonus for seniority of work;
-Supplement for working underground, as well as working on marine drilling rigs and production;
-flying allowance;
-Supplement for heavy duty work;
-Supplement for working systematically over the normal;
-Supplement for exercise additional functions;
-other bonuses on a permanent basis provided for in individual employment contracts, according to the law. "
4. Paragraph 2 of article 64 shall read as follows: "for additional pension Contribution shall retain legal and physical persons who use the personal employee and they shall be transferred into a special account to savings and House Consemnaţiuni, for granting interest."
5. According to paragraph 2 of article 64 insert a new paragraph with the following content: "for supplementary pension Funds made up of contribution paid by persons covered by the social security system is managed by the Ministry of labour and social security, authorized to take steps for protecting and harnessing the temporary pastrindu available amounts into accounts in banks or at C.E.C."
6. In paragraph 2 of article 71 shall read as follows: "during the period in which the persons placed in work may not fulfil the obligations of work due to illness which requires medical care, medical leaves and allowances."
7. According to paragraph 2 of article 71 shall be introduced three new paragraphs, with the following content: "for the payment of Indemnities for medical leave in case of illness, disease prevention, strengthening and restoring health supports as follows:-for the first 10 working days of legal entities and individuals who use personal employee;
-starting with the 11th business day from State social insurance budget.
Allowances for medical leave granted for occupational diseases and accidents at work, excluding accidents occurring during the journey to and from work, shall bear on the first day of temporary incapacity for work and up to the date of termination or retirement, regardless of length of service in the work of the legal or natural person in which the employee performs.
If the legal person or employee that uses physics outgoing staff, social security rights that have intruded earlier such situations shall be paid from the funds of the State social insurance. "
8. Article 72 shall read as follows: ART. 72.-For medical leave is granted in case of pregnancy and lehuzie ill and child care until the age of 3 years, and for what is granted leave for child-rearing until the age of one year fulfillment thereof, shall be granted in full monetary allowances, throughout their duration, from the State social security budget. "


Article 4 nr. 880 of 21 august 1965 concerning the granting of material assistance within the framework of social security changes and completed as follows: 1. Paragraph 1 of article 5 shall read as follows: "the amount of compensation for temporary incapacity for work caused by illness or accident, in addition to the cases provided for by art. 7, is being set up in relation to length of service, salary and increases provided for in art. 21. 1, as follows:-up to 2 years .... .... 50%-from 2-5 years ... ... ... ... 65%-from 5 to 8 years .... .... 75%-over 8 years .... .... . 85%. "
2. Paragraph 2 of article 6 is repealed.
3. Article 7 shall read as follows: ART. 7. The amount of compensation for-temporary incapacity due to accident at work, accident during the journey to and from work during the period and on the normal route of travel, occupational disease, tuberculosis or other diseases of the infectocontagioase group is 100% of base salary and increases provided for in art. 21. 1, regardless of the nature of the employment contract and the length of the work. "
4. Paragraph 2 of article 11 shall read as follows: "aid for quarantine shall be granted in the amount of 90% of base salary and extra allowances referred to in art. 21. 1, regardless of the nature of the employment contract and the length of the work. "
5. Article 15 shall read as follows: ART. 15.-the amount of aid for pregnancy and lehuzie is 85% of:-base salary and monthly increases referred to in art. 21. 1, as applicable, for employees with a work experience of more than 12 months;
-65% of the base salary and monthly increases referred to in art. 21. 1, as applicable, for employees with a work experience into work from 6 to 12 months;
-50% of base salary and monthly increases referred to in art. 21. 1, as applicable, for employees with a length of up to 6 work months;

-94% of base salary and monthly increases referred to in art. 21. 1, as applicable, for employees who deliver their third child and the next, regardless of length of service. "
6. Paragraph 1 of article 21 shall read as follows: "For the purpose of calculating social security benefits take into account the base salary of the month in which it was granted sick leave, plus:-bonus for seniority of work;
-Supplement for working underground and offshore drilling platforms and production;
-flying allowance;
-Supplement for heavy duty work;
-Supplement for working systematically over the normal;
-Supplement for exercise additional functions;
-Supplement for harmful and dangerous conditions;
-other bonuses on a permanent basis provided for in individual employment contracts, according to the law. "


Article 5 the provisions of this law shall apply with effect from 1 April 1992.


Article 6 entry into force of the present law shall repeal:-paragraph 2 of article 3 of Decree No. 330/1970, as amended;
-paragraph 2 of article 1 of Decree No. 389/1972, as amended;
-Article 9 of Government decision No. 1109/1990 regarding the liberalisation of prices and measures of social protection and its subsequent amendments;
-Article 27 of law No. 32/1991 on the payroll tax;
-point 4 of annex II to the note No. 3 the Government decision No. 127/1991;
-any other provisions to the contrary.
This law was adopted by the Senate at its meeting on 21 May 1992, in compliance with the provisions of art. 74 para. (1) and of article 23. 77 para. (2) of the Constitution of Romania.
Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU this law was adopted by the Chamber of deputies at its meeting on 21 May 1992, in compliance with the provisions of art. 74 para. (1) and of article 23. 77 para. (2) of the Constitution of Romania.
PRESIDENT Of The CHAMBER Of DEPUTIES MARTIAN D — — — — — — — — — — — — — — — — —

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