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 PARLIAMENT ISSUING published in MONITORUL OFICIAL NR. 9 of 17 January 1994, the Romanian Parliament adopts this law.
Article 1, law No. 80/1992 relating to pensions and other social insurance rights to farmers alter and completed as follows: 1. Paragraph 1 of article 5 shall read as follows: "(1) the funds intended for the payment of pensions and other social insurance rights of farmers is constituted by the persons insured, contribution to economic agents and other sources. The funds thus established shall bear interest. "
2. Paragraph 3 of article 5 shall read as follows: "(3) the persons covered under this law, the age of over 18 years of age will pay a contribution for pensions and social insurance as set out in the share of 7% over the average monthly insured income and a share of 2% over the same average monthly insured income for the financing of health care."
3. Paragraph 4 of article 5 shall read as follows: "(4) the economic agents with a legal personality, producing agricultural and food products industrializeaza will pay to the Pension Fund and social security of the farmers contribute between 2 and 4% of the income from agricultural production or activity of industrialization of agricultural products and foodstuffs, after deducting excise duties, and the addition of a commercial the Commission, or the addition of food, made from the activity of marketing of agricultural products and foodstuffs. "
4. Paragraph 6 of article 5 shall read as follows: "(6) failure to pay the contribution referred to in paragraph 1. (4) the time limits laid down, increase the amounts due with 0.3% per day of delay. Amounts which represent increases of late to make income from the social security budget for farmers. "
5. In article 5, after paragraph 6, insert a new paragraph (7) with the following content: "(7) failure to pay the contribution referred to in paragraph 1. (3) for a period exceeding two years, attracting the termination payment of social security rights on the respective period. If during this period the person concerned require certain rights for social insurance, they will be given only after the payment of the contribution due. "
6. Article 5 shall be inserted After article 5 ^ 1, given the following table of contents: "ART. 5 ^ 1. -Insured persons who have not paid the contribution for pension and social insurance have the option to pay this contribution for previous periods, but not more than 2 years ago. "
7. After paragraph 5 of article 8 are inserted two new paragraphs, (6) and (7) with the following content: "(6) the minimum Pension for age limit integral cannot be less than the amount of the minimum pension for age limit increased, indexed, matched to the retirement date. These provisions apply in the case of an increase in minimum wage per country in relation to which it establishes the minimum pension for age limit integral.
(7) the minimum Pension for old age limit not less than 10 years incomplete, shall be determined in relation to the amount of the minimum pension payable under paragraph (5), proportional to the number of years of insurance period. "
8. Paragraph 2 of article 9 shall read as follows: "(2) shall be considered the period of insurance and the insured persons were on leave for pregnancy and lehuzie, were interned in hospitals or nursing homes, have fulfilled their military obligations, if this period has not been harnessed as the work of sectors with its own systems of insurance, even if it was not paid the social security contribution during this period."
9. Paragraph 2 of article 10 shall read as follows: "(2) the invalidity pension of gradu I determine in relation to the period of insurance and the average monthly insured income, under the same conditions as those laid down for the granting of pension age limit. When the insurance period is less than 10 years, the calculation of the pension is monthly income average for the period of insurance. Invalidity pension first degree resulting from the calculation will not be less than the minimum pension for age limit with an age of 10 years. "
10. Article 13 shall read as follows: ART. 13.-Classification and retention levels of disability shall be made under the conditions applicable to persons covered by the social security system. "
11. Article 19 shall read as follows: ART. 19.-(1), as well as their family members shall have the right, in case of illness, the medical care and drugs during hospitalisation in hospitals and outpatient treatment and at spas, in accordance with the law applicable in the State social insurance system.
(2) these rights benefit insured persons and members of their family, if they have contributed to the social insurance fund of the farmers and to the Fund for financing health care for a period of not more than 6 months within the last 12 calendar months. "
12. Article 25 shall read as follows: ART. 25. — (1) the retirement age limit which, after the date on which the pension, continue to contribute to the Pension Fund, may require recalculation thereof by adding the period of insurance after retirement, at the time of termination of contribution to this Fund, but not earlier than one year Recalculation is done to comply with the basis used to establish the initial pension.
(2) after the date of the retirement pension which the limit age contributed to the Pension Fund for a period of at least five years may require recalculation of pension, using as the basis for calculating the average monthly insured income be taken into account when establishing the initial pension, average monthly insured income either when it has paid the contribution for the past 5 years.
(3) the recalculation can be done only once, at the cessation of the payment of the contribution. "
13. Paragraph 2 of article 30 shall read as follows: "(2) the minimum old-age Pension, based on legislation in force until July 29, 1992, indexed and increased under the conditions of paragraph 1. (1) gets lei monthly, starting 17,040 1 December 1993. "
14. Article 30 shall be completed with two new paragraphs (3) and (4) reads: "(3) old-age Pensions, established on the basis of incomplete legislation in force up to the date of application of this law, indexed and increased under the conditions of paragraph 1. (1) change and shall be paid in proportion to the length of service taken into account in determining their initial, minimum pension calculated on length of service, as set out in the conditions of paragraph 1. (2) and (4) Amounts due by way of supplementary pension awarded under the legislation in force until the date of application of this law, shall be included in the base amount of the pension and is paid from the Pension Fund and social insurance of farmers. "
15. In paragraph 4 of article 31 shall read as follows: "(4) the persons upon retirement age provided for in article 10. 7 do not have achieved 10 years old according to the provisions of paragraph 1. (2) but have at least 5 years in the former agricultural cooperative production or minimum contribution been paid provided by law No. 5/1977 and who do not have the right to a pension in other sectors with its own insurance schemes, shall upon request by a pension of 60% of the amount of the minimum pension provided for in article 10. 8 para. (6)."
16. Paragraph 1 of article 33 shall read as follows: "(1) persons who receive a pension from system of social insurance of farmers benefit from this pension even if li is given a pension and other sectors with their own systems. These persons do not apply the provisions of art. 42 of law No. 3/1977 on the pensions of State social insurance and social assistance. "
17. paragraphs (2) and (6) of article 34 shall read as follows: "(2) the autonomous House Heritage retirement and social insurance of Peasant picks up by the Ministry of labour and social security through the General Directorate of the social insurance and pensions, spa treatment for farmers. It also takes over the administration of the Ministry of labour and social security, the former Union National Heritage of Agricultural Production Cooperatives and unions of his County, pending the clarification of the legal situation of this heritage. "" (6) within 30 days after the entry into force of the law will be established, by decision of the Government, as the units of recreation and spa treatment for farmers to operate as private companies. "
18. According to article 34 article 34 shall enter ^ 1, given the following table of contents: "ART. 34 ^ 1. -(1) in order to ensure the necessary material base and development organization and officials of the pension scheme and the social security of farmers, the Ministry of labour and social security can use up to 10% of the funds constituted interest payment of pensions and other social insurance rights of farmers.
(2) to grant it inventory objects, means of transport and carrying out necessary repairs to units of rest and treatment of farmers, Balneary in the administration of the Ministry of labour and social protection, it may utilize amounts of up to 10% of the funds constituted interest payment of pensions and other social insurance rights of farmers. "
Insured persons under contracts of insurance completed until the entry into force of this law shall not owe 2% listing provided by art. 5. (3) of law No. 80/1992 as amended by this Act, to finance health care.
Article 3 Law No. 80/1992 relating to pensions and other social insurance rights of farmers, with subsequent amendments, shall be a Republic, realizing it items and a new numbering paragraphs.
This law was adopted by the Chamber of deputies at its meeting on December 29, 1993, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE this law was adopted by the Senate at its meeting on December 29, 1993, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
SENATE PRESIDENT Prof. Dr. OLIVIU GHERMAN