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Law No. 1 Of 12 January 1994 For The Modification And Completion Of The Law #. 80/1992 Relating To Pensions And Other Social Insurance Rights Of Farmers

Original Language Title:  LEGE nr. 1 din 12 ianuarie 1994 pentru modificarea şi completarea Legii nr. 80/1992 privind pensiile şi alte drepturi de asigurări sociale ale agricultorilor

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LEGE No. 1 of January 12, 1994 to amend and supplement Law no. 80/1992 on pensions and other social security rights of farmers
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 9 of 17 January 1994



The Romanian Parliament adopts this law + Article 1 Law no. 80/1992 on pensions and other social security rights of farmers shall be amended and supplemented as follows: 1. Paragraph 1 of Article 5 shall read as follows: " (1) The funds for the payment of pensions and other social security rights of farmers shall be made from the contribution of insured persons, economic agents and other sources. The funds thus constituted are bearers of interest. " 2. Paragraph 3 of Article 5 shall read as follows: " (3) Persons insured under the conditions of this law, aged over 18 years, will pay a pension and social insurance contribution established in the 7% share on the average insured monthly income and a 2% share on the same average monthly income insured, to finance health protection. " 3. Paragraph 4 of Article 5 shall read as follows: " (4) Economic agents with legal personality that produce, industrialize agricultural products and food will pay to the pension and social insurance fund of farmers a contribution of between 2 and 4% of the incomes made from agricultural production or industrialization activity of agricultural products and foodstuffs, after deduction of excise duties, respectively from the commercial addition, commission or addition of food, made from the marketing activity of the products agricultural and food. " 4. Paragraph 6 of Article 5 shall read as follows: " (6) Failure to pay the contribution provided in par. (4), at the time limits, it attracts the increase of the amounts due by 0.3% for each day of delay The amounts representing the late increases are made to the social insurance budget for farmers. " 5. In Article 5, after paragraph 6, a new paragraph (7) is inserted, with the following contents: " (7) Failure to pay the contribution provided in par. (3), for a period of more than 2 years, it attracts the termination of the payment of social security rights during that period. If during this period the interested person requests some social security rights, they will be granted only after paying the contribution due. " 6. Article 5 shall be inserted after Article 5, with the following contents: "" ART. 5 5 ^ 1. -Insured persons who have not paid the pension and social security contributions have the opportunity to pay this contribution for the previous periods, but not more than 2 years ago. " 7. After paragraph 5 of Article 8, two new paragraphs are inserted, (6) and (7), with the following contents: " (6) The minimum integral pension for the age limit may not be less than the amount of the minimum minimum pension for the age limit, increased, indexed, compensated at the date of retirement. These provisions apply in the case of the increase of the minimum gross basic salary per country in relation to which the minimum minimum pension is established for the age limit. (7) The minimum age limit for a minimum age of 10 years shall be determined in relation to the amount of the minimum pension referred to in paragraph 5, in proportion to the number of years of the insurance period. " 8. Paragraph 2 of Article 9 shall read as follows: " (2) It is considered the insurance period and the time when insured persons were on leave for pregnancy and lehusia, were admitted to hospitals or sanatoriums, fulfilled military obligations, if this period was not capitalized as seniority in sectors with own insurance systems, even if the social security contribution has not been paid during this period. " 9. Paragraph 2 of Article 10 shall read as follows: " (2) The invalidity pension of gradu I is determined in relation to the insurance period and the average monthly income insured, under the same conditions as those provided for the granting of the pension for the age limit. When the insurance period is less than 10 years, the average monthly income during the insurance period is considered when calculating the pension. The first degree invalidity pension shall result from the calculation shall not be less than the minimum pension for the age limit of 10 years. " 10. Article 13 shall read as follows: "" ART. 13. -The classification and maintenance in degrees of invalidity shall be made under the conditions applicable to persons included in the state social insurance system. " 11. Article 19 shall read as follows: "" ART. 19. -(1) Retirees as well as their family members are entitled, in the event of illness, to medical assistance and medicines during hospital and outpatient admission and to treatment in balneoclimateric resorts, under the law applicable in state social security system. (2) These rights also benefit insured persons, as well as their family members, if they have contributed to the farmers ' social insurance fund and to the fund to finance health protection for a maximum period of 6 months in the last 12 12 calendar months. " 12. Article 25 shall read as follows: "" ART. 25. -(1) Retirement for the age limit which, after the date of establishment of the pension, continues to contribute to the pension fund, may require its recalculation, by adding the insurance period after retirement, at the time of termination of the contribution to this fund, but not earlier than a year. Recalculation is made with regard to the calculation base used in the initial establishment of the pension. (2) Retirees who after the date of establishment of the old-age pension contributed to the pension fund for a period of at least 5 years may require the recalculation of the pension, using as a basis for calculation either the average monthly income insured had in mind the initial establishment of the pension, or the average monthly insured income to which the contribution has been paid in the last 5 years. ((. Recalculation may be made only once upon termination of the payment of the contribution. " 13. Paragraph 2 of Article 30 shall read as follows: " (2) The minimum pension for full length, established on the basis of the legislation in force until July 29, 1992, indexed and increased under the conditions of par. (1), becomes 17,040 lei monthly, starting December 1, 1993. " 14. Article 30 shall be completed by two new paragraphs, (3) and (4), having the following contents: " (3) Pensions for incomplete seniority, established under the legislation in force until the date of application of this law, indexed and increased under the conditions of par. ((1), shall be amended and paid in proportion to the age taken into account in their initial establishment, relative to the minimum pension for full seniority, established under the conditions of paragraph 1. ((2). (4) The amounts due by way of supplementary pension, granted on the basis of the legislation in force until the date of application of this law, shall be included in the amount of the basic pension and shall be paid from the pension and social insurance fund of the farmers. " 15. Paragraph 4 of Article 31 shall read as follows: " (4) Persons who at the end of the retirement age provided in art. 7 did not realize 10 years old according to the provisions of para. (2), but have at least 5 years in former agricultural production cooperatives or have paid the minimum contribution provided by Law no. 5/1977 and who do not have the right to pension from other sectors with their own insurance systems, benefit, on request, from a pension of 60% of the amount of the minimum pension provided for in art. 8 8 para. ((6). ' 16. Paragraph 1 of Article 33 shall read as follows: "" (1) Persons who receive a pension from the social security system of farmers benefit from this pension even if they are also entitled to a pension from other sectors with their own insurance systems. These persons are not subject to the provisions of art. 42 42 of Law no. 3/1977 on state social insurance and social assistance pensions. " 17 paragraphs 2 and 6 of Article 34 shall read as follows: " (2) The patrimony of the Autonomous Pension House and Social Insurance of Taranimii is taken over by the Ministry of Labour and Social Protection through the General Directorate of Pensions, Social Insurance and Spa Treatment for farmers. It is also taken into administration, by the Ministry of Labour and Social Protection, the patrimony of the former National Union of Agricultural Cooperatives of Production and its county unions, until the legal situation of this heritage. " "(6) Within 30 days from the entry into force of the law it will be established, by Government Decision, that the rest and spa treatment units for farmers operate as commercial companies." 18. Article 34 (1) shall be inserted after Article 34, with the following contents: "" ART. 34 34 ^ 1. --(1) In order to ensure and develop the material base necessary for the organization and functioning of the pension and social insurance system of farmers, the Ministry of Labour and Social Protection may use up to 10% of the interest constituted funds for the payment of pensions and other social security rights of farmers. (2) For equipping with inventory items, means of transport and making necessary repairs to the rest and spa treatment units of farmers, under the administration of the Ministry of Labour and Social Protection, it can use amounts up to 10% of the interest constituted on the funds for the payment of pensions and other social security rights of farmers. " + Article 2 Persons insured by insurance contracts concluded until the entry into force of this Law does not owe the 2% quota provided by art. 5 5 Ali. ((3) of Law no. 80/1992 as amended by this law, to finance health protection. + Article 3 Law no. 80/1992 on pensions and other social security rights of farmers, as amended, shall be republished, giving the articles and paragraphs a new numbering. This law was adopted by the Chamber of Deputies at the meeting of December 29, 1993, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE This law was adopted by the Senate at the meeting of December 29, 1993, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN