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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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LEGE No. 49 of 25 May 1992 amending and supplementing certain regulations of the social security legislation
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 107 of 26 May 1992



The Romanian Parliament adopts this law + Article 1 The additional pension in the state social insurance system is increased by 200%. By the same percentage, additional pensions will be increased that will be determined after the entry into force of this law, if those concerned choose as a basis for calculation, for the establishment or recalculation of the pension, according to the law, salaries prior to 1 august 1991. + Article 2 Decree no. 389/1972 on the contribution for state social security shall be amended and supplemented as follows: 1. Paragraph 1 of Article 1 shall read as follows: " For legal and natural persons who use salaried personnel, the contribution of state social insurance is differentiated, as follows: -35% on gross earnings made by employees in group I of work; -30% on the gross earnings made by employees in the second group of work; -25% on gross earnings made by other categories of employees; -15% on the gross salary received, but not less than the gross minimum wage per country, in the case of household staff employed by individuals for the care of elderly people, handicapped and children. " 2. After paragraph 1 of Article 1, a new paragraph is inserted, with the following contents: " The quotas provided in par. 1 also includes the 2% contribution to compensate for the increase in drug prices, which veers monthly to the Ministry of Health. " 3. Article 3 (1) shall read as follows: " Calculation, as well as the submission of the contribution provided in 1 are made monthly in the state social insurance account. " 4. After paragraph 1 of Article 3, a new paragraph is inserted, with the following contents: " The terms of payment of the contribution to state social insurance are: -with the liquidation of the rights of salaries per month expired, by legal entities; -within 20 days from the expiry of the calendar month, by individuals who use salaried personnel. " 5. Paragraph 2 of Article 3 shall read as follows: " If legal or natural persons who use salaried personnel have paid, according to the legal provisions, directly to their employees some social security rights provided by law, other than those that are borne from the funds own, they will submit to the state social insurance account only the difference between the amounts representing the contribution due and the social security rights to be paid from the state social insurance budget. " 6. After paragraph 2 of Article 3, two new paragraphs are inserted, with the following contents: " The non-payment of the social security contribution and for the additional pension at the stipulated deadlines attract the increase of the amounts due by 0.2% for each day of delay, without the increases calculated to exceed the amount due. The amounts representing the increases of delay are made income to the state social insurance budget. The control of the collection of state social insurance incomes and those regarding the supplementary pension shall be ensured by the bodies of the Ministry of Labour and Social Protection, which will be constituted, for this purpose, by decision of the Government. " 7. Article 4 shall be repealed. 8. Paragraph 1 of Article 5 shall be repealed. + Article 3 Law no. 3 3 of 30 June 1977 on social security and social assistance pensions shall be amended and supplemented as follows: 1. Article 10 shall read as follows: "" ART. 10-The basis for calculating the pension is the average of 5 years worked consecutively, at the choice, from the last 10 years of activity, the basic salary and the following: -the increase of seniority; -the increase for working underground, as well as for working on offshore drilling and extraction platforms; -the flight allowance; -the increase for heavy working conditions; -the increase for systematic work over the normal program; -the increase in the performance of an additional function; -other permanent bonuses provided for in individual employment contracts, according to the law. " 2. Article 20 (1) (d) shall read as follows: " d) performed the military service in the term, was a student of a military school or a military 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. " 3. Paragraph 1 of Article 64 shall read as follows: " The 3% contribution for the additional pension is paid, under the law, by all employees included in the social insurance system, for the amounts collected as basic salaries, plus: -the increase of seniority; -the increase for working underground, as well as for working on offshore drilling and extraction platforms; -the flight allowance; -the increase for heavy working conditions; -the increase for systematic work over the normal program; -the increase in the performance of an additional function; -other permanent bonuses provided for in individual employment contracts, according to the law. " 4. Paragraph 2 of Article 64 shall read as follows: "The contribution for the supplementary pension shall be retained by the legal and natural persons who use salaried staff and shall turn to them in a special account at the House of Savings and Consemnations, for which the interest is granted." 5. After paragraph 2 of Article 64, a new paragraph is inserted, with the following contents: " The funds for the additional pension constituted from the contribution paid by the persons included in the state social insurance system are managed by the Ministry of Labour and Social Protection, authorized to take measures to protect and capitalize amounts temporarily available, keeping in accounts in banks or at C.E.C. " 6. Paragraph 2 of Article 71 shall read as follows: "During the period when people in work cannot meet their work obligations, due to illness that requires medical care, they benefit from sick leave and allowances." 7. After paragraph 2 of Article 71, three new paragraphs are inserted, with the following contents: " Allowances for the payment of sick leave in case of illness, prevention of illness, strengthening and restoration of health shall be borne as follows: -for the first 10 working days, by legal and natural persons who use salaried personnel; -starting with the 11th working day, from the state social insurance budget. Allowances for sick leave granted for occupational diseases and accidents at work, with the exception of accidents occurring during movement to and from work, shall be borne from the first day of temporary incapacity for work and up to the date of termination or retirement, regardless of length of service, of the funds of the legal or natural person to which the employee operates. If the legal or physical person using salaried personnel ceases his activity, the social security rights that have started to flow before these situations are paid from the state social insurance funds. " 8. Article 72 shall read as follows: "" ART. 72. -For sick leave that is granted in case of pregnancy and lehusion and care of the sick child up to the age of 3 years, as well as for the holidays that are granted for the growth of the child until the end of his one year old age, the money allowances shall be granted in full, throughout their duration, from the state social insurance budget. " + Article 4 Decision no. 880 880 of 21 August 1965 on the granting of material aid in the framework of state social insurance shall be amended and supplemented as follows: 1. Paragraph 1 of Article 5 shall read as follows: " The amount of the allowance for temporary incapacity for work determined by the disease or accident, outside the cases provided by art. 7, shall be established in relation to the length of service, the basic salary and the bonuses provided in art. 21 21 para. 1 1, as follows: -to 2 years........ 50 50% --from 2-5 years....... 65 65% --from 5-8 years....... 75 75% -over 8 years........ 85 85%. " 2. Paragraph 2 of Article 6 shall be repealed. 3. Article 7 shall read as follows: "" ART. 7. -The amount of the allowance for temporary incapacity for work caused by the accident at work, by accident occurred during travel to and from work in the period and on the normal route of travel, by occupational disease, by tuberculosis or the other infectious diseases of group A is 100% of the basic salary and the bonuses provided in art. 21 21 para. 1 1, regardless of the nature of the employment contract and the length of service. " 4. Paragraph 2 of Article 11 shall read as follows: " The quarantine aid shall be granted in the amount of 90% of the basic salary and the bonuses provided for in art. 21 21 para. 1 1, regardless of the nature of the employment contract and the length of service. " 5. Article 15 shall read as follows: "" ART. 15. -The amount of the aid for pregnancy and lehusia is: -85% of the monthly basic salary and the bonuses provided in art. 21 21 para. 1, as the case may be, for employees with a working age of more than 12 months; -65% of the monthly basic salary and the bonuses provided in art. 21 21 para. 1, as the case may be, for employees with a working age from 6 to 12 months; -50% of the monthly basic salary and the bonuses provided in art. 21 21 para. 1, as the case may be, for employees with a working age up to 6 months; -94% of the monthly basic salary and the bonuses provided in art. 21 21 para. 1, as the case may be, for the employees who give birth to the third child and the following, regardless of age in work. " 6. Paragraph 1 of Article 21 shall read as follows: " For the calculation of social security allowances, the basic salary of the month in which the sick leave has been granted shall be taken into account: -the increase of seniority; -the spore for working underground and on offshore drilling and extraction platforms; -the flight allowance; -the increase for heavy working conditions; -the increase for systematic work over the normal program; -the increase in the performance of an additional function; -the increase for harmful and dangerous conditions; -other permanent bonuses provided for in individual employment contracts, according to the law. " + Article 5 The provisions of this Law shall apply from 1 April 1992. + Article 6 The date of entry into force of this Law shall be repealed: --paragraph 2 of Article 3 of the 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 on the liberalisation of prices and social protection measures, as amended; --Article 27 of Law no. 32/1991 on the payroll tax; --paragraph 4 of the note to Annex no. 3 3 to Government Decision no. 127/1991 ; -any other provisions to the contrary. This law was adopted by the Senate at the meeting of 21 May 1992, in compliance with the provisions of art. 74 74 para. ((1) and of art. 77 77 para. (2) of the Romanian Constitution. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU This law was adopted by the Chamber of Deputies at the meeting of May 21, 1992, in compliance with the provisions of 74 74 para. ((1) and of art. 77 77 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT MARTIAN DAN -----------------