LEGE no. 80 80 of 21 July 1992 (** republished) on pensions and other social security rights of farmers. ((updated until 19 May 2000)
ISSUER
PARLIAMENT
---------- *) Updated until May 19, 2000 by: Government Ordinance no. 70 70 of 29 August 1994; Emergency Ordinance no. 54 54 of 19 May 2000 . ** **) Republicated pursuant to art. III of Law no. 1/1994 , published in the Official Gazette of Romania, Part I, no. 9 of 17 January 1994, giving the articles and paragraphs a new numbering. Law no. 80/1992 is published in the Official Gazette of Romania, Part I, no. 180 180 of 29 July 1992. The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 Farmers and owners of forest land, as well as their family members aged over 15 years, who perform unsalted work within individual households or in associative forms of agriculture, under the conditions and conditions of the the limits of the optional insurance provided by this law are entitled to: a) old-age pension; ... b) pension for loss of work capacity; ... c) survivor's pension; ... d) allowance for temporary incapacity for work; ... e) allowance for pregnancy and lehusia; ... f) allowance for raising the child up to one year old; ... g) death benefit; ... h) other social security rights. ... + Article 2 (1) Social insurance pensions due to farmers are not taxable. ... (2) The right to a pension shall be unforeseeable and non-transferable. ... ((3) Applications for the establishment and payment of pensions and other social security entitlements shall be exempt from stamp duty. ... + Chapter 2 Organisation of the pension and social insurance scheme of farmers + Article 3 Pensions and other social security rights provided for in this Law shall be established and paid by the Ministry of Labour and Social Protection. + Article 4 The Ministry of Labour and Social Protection carries out, under the law, all operations regarding the constitution and administration of pension funds and other social security rights for farmers. + Article 5 ((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) In cases where the sources shown in par. (1) does not fully cover the expenses for the payment of pensions and other social security rights, funds will be allocated from the budget, which will be established and approved by the annual law on the state budget. ... (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 insured monthly income and a 2% share on the same average monthly income insured, to finance health protection. ------------- ** **) According to provisions art. II of Law no. 1/1994 , persons insured by insurance contracts concluded until the entry into force of the above-mentioned law do not owe the 2% quota provided for in this paragraph, for the financing of health protection. ((4) *) Abrogat ------------ * *) Alin. ((4) of art. 5 was repealed by art. 41 of Government Ordinance no. 70/1994 70/1994 on corporate income tax. Alin. ((4) read as follows: " Economic agents with legal personality that produce, industrialize or market agricultural products and food will pay to the pension and social insurance fund of farmers a contribution of between 2 and 4% of the income made from the 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 agricultural products and foodstuffs ". ((5) *) Abrogat ((6) *) Abrogat ------------- * *) Alin. ((4), (5), (6) were repealed by art. 1 of EMERGENCY ORDINANCE no. 54 54 of 19 May 2000 to repeal some legal provisions on the contribution of economic agents to the establishment of the Social Insurance Fund of farmers. The initial text of these articles was: " Alin. (4): Economic agents with legal personality that produce, industrialize or market agricultural products and foodstuffs will pay to the pension and social insurance fund of farmers a contribution of between 2 and 4% of the income made from the 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 agricultural products and foodstuffs ". " Alin. (5): Incadence of economic agents referred to in par. (4) by types of activity and contribution levels, as well as the method of tracking and collecting it shall be established by Government decision. " " Alin. (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 income to the social insurance budget for farmers. " (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. ... + Article 6 Insured persons who have not paid the pension and social insurance contribution have the opportunity to pay this contribution for previous periods, but not more than 2 years ago. + Article 7 (1) For family members of insured persons, up to 18 years of age, the contribution provided in art. 5 5 para. ((3) shall be deemed paid. ... (2) The contribution of pensions and social insurance of young farmers over 18 years of age and who have not exceeded the age of 30 will represent in the first year of insurance 50% of the contribution provided in art. 5 5 para. ((3), 65% in the second year and 80% in the third year. ... + Chapter 3 Pension categories and characteristics of pension entitlement + Section I Pension for the age limit + Article 8 People who have an insurance duration, in the system organized by this law, for 30 years men and 25 years women, are entitled to full pension at the age of 62 men and 57 years old women. + Article 9 (1) The full age pension shall be determined by applying the 60% share of the average monthly income insured in the last 10 years for which the social security contribution has been paid. ... (2) The average monthly insured income may not be less than half of the minimum gross basic salary per country, regulated on the date of payment of this contribution. ... (3) Persons who have an insurance duration of more than 30 years men and 25 years women benefit for each additional year from the first 5 years of a pension increase of 1% and, for each additional year over this period, an increase of 0.5% of Average monthly income insured. ... (4) Persons who have an insurance period of less than 30 years men and 25 years women, but not less than 10 years of contribution, benefit from a pension calculated under the conditions of par. (1), proportional to the number of years of insurance. ... (5) The minimum minimum pension for the age limit, established according to the provisions of this law, may not be less than half of the amount resulting from the application of the 60% rate on the minimum gross basic salary per country, regulated on the date establishing it. ... (6) The minimum minimum 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 also apply to 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 pension for the age limit of not less than 10 years shall be determined in relation to the amount of the minimum pension provided in par. (5), in proportion to the number of years of insurance. ... + Article 10 (. The actual duration of the contribution shall be determined in years. The time fractions of more than 6 months shall be completed at one year, if the one in question has the minimum age required for retirement. ... (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 other sectors with own insurance systems, even if the social security contribution has not been paid during this period. ... (3) The same rights benefit the mother who cared for the child up to one year old. ... + Section II Pension for loss of work capacity + Article 11 (1) Persons insured according to the provisions of this law which, due to accidents or diseases produced or contacted during the insurance period, have totally or mostly lost their ability to work, being classified in the first or second degree of disability, receive a pension during the time of invalidity. ... (2) The first degree invalidity pension 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 old-age pension. 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 disability pension resulting from the calculation will not be less than the minimum pension for the age limit of 10 years. ... (3) The amount of the second degree disability pension accounts for 85% of the first-degree disability pension. ... + Article 12 In the event of a change of invalidity, the pension corresponding to the new degree shall be determined on the basis of the amount of the pension referred to above. + Article 13 (1) At the age of 62 men and 57 years old women, invalidity pensioners are calculated, on request, the old-age pension, if they have proof of contribution for over 10 years. ... (2) If, by recalculation, a lower pension results, at the end of the age of 62 men and 57 years the women maintain the amount of the invalidity pension. ... + Article 14 The classification and maintenance in degrees of invalidity are made under the conditions applicable to persons included in the state social insurance system. + Section III Survivor's pension + Article 15 (1) The survivor's pension is granted to the children and the surviving spouse, under the conditions provided by this law. ... (2) The survivor's pension is granted if the deceased person was retired or met the conditions provided for obtaining a pension. ... + Article 16 (1) Children are entitled to survivor's pension until the age of 16 or, if they continue their studies, until their completion, without exceeding the age of 25 years and 26 years respectively, in the case of those who pursue higher education with a longer duration of 5 5 years. ... (2) If they have been in a state of invalidity of any degree at the age of the age referred to in the preceding paragraph, the children shall receive survivor's pension for the duration of the invalidity. ... + Article 17 (1) The surviving wife or husband is entitled to a lifelong survivor's pension at the age of 57 and 62 years, respectively, if they have had at least 15 years of marriage. If the duration of the marriage was less, but for at least 10 years, the pension is granted in proportion to the years of marriage. ... (2) The surviving spouse or spouse is entitled to survivor's pension, regardless of the age and duration of the marriage, during the time he is invalid in the first or second degree. ... (3) The surviving spouse or spouse is entitled to survivor's pension, regardless of the age or duration of the marriage, if at the time of the death of the spouse has no other income outside those made of productive agricultural activities and has in care one or more many children up to 7 years of age. ... (4) The surviving spouse or spouse retains the right to survivor's pension and where he has remarried. ... + Article 18 The survivor's pension is established under the conditions provided for its granting in the state social insurance system. + Chapter 4 Other social security rights + Article 19 (1) Persons insured during temporary incapacity for work, determined by illness or accident, shall receive an allowance, if they have contributed to the farmers ' insurance fund for a minimum period of 6 months from the last 12 months Calendar. ... (2) The temporary incapacity allowance shall be set at the rate of 80% of the monthly average of the insured income of the last 6 months for which the contribution was paid. ... ((3) Women are entitled to this allowance, in case of pregnancy and lehusia, for a duration of 112 calendar days, as well as in the case of raising the child up to one year of age, throughout this duration. ... + Article 20 (1) Retirees, as well as their family members shall be entitled, in case 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 minimum period of 6 months in the last 12 12 calendar months. ... + Article 21 (1) On the death of the insured person shall be granted an aid of burial equal to the amount of the minimum minimum pension for the age limit. ... (2) In the event of the death of a family member, with the right to survivor's pension, a funeral aid equal to half of the minimum age minimum pension shall be granted to the insured person. ... + Chapter 5 Establishment and payment of pensions and other social security rights + Article 22 ((1) The pension shall be determined at the request of the person concerned registered at the pension office for farmers within the direction of work and social protection within which the applicant resides. ... (2) The file, for retirement, will also include the insurance card with the up-to-date records, as well as other acts necessary to establish the right to pension. ... + Article 23 (1) The establishment of the pension or the rejection of the application for retirement shall be made by decision issued by the pension office for farmers within the labour and social protection department, which will include the grounds of fact and law that led to the admission or rejecting the application for retirement. ... (. The decision shall be communicated in writing to the petitioner within 45 days from the date of registration of the complete file. ... + Article 24 (1) Against the decision, issued under art. 23, the person interested may enter an appeal, within 30 days of communication, to the Board of Appeals operating in addition to the county direction of work and social protection, respectively from the General Directorate of Labour and social protection of Bucharest. ... (2) Decisions of the commissions referred to in par. ((1), pension data, may be attacked according to Law of Administrative Litigation no. 29/1990 . ... + Article 25 (1) The pension for the age limit may be requested at the end of the retirement age and shall be granted with the first of the month following the registration of the complete file, drawn up for retirement. ... (2) The invalidity pension shall be granted with effect from the date of termination of the payment of the allowance for temporary incapacity for work. ... (3) The survivor's pension shall be granted from the date of death of the supporter, if he was not a pensioner, or from the first of the month following the death of the pensioner. ... (4) At the retirement of invalidity, the file shall be submitted no later than 30 days after the receipt of the framing decision in one of the invalidity degrees, and for the following, no later than 30 days after the date of death of the supporter. ... (5) In case of non-compliance with the deadlines provided in par ((4), the payment of the pension shall be made from the date of application. ... + Article 26 Pensioners for the age limit who, after the date of establishment of the pension, continue to contribute to the pension fund, may ask for their 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. ... ((3) Recalculation may be made only once, upon termination of payment of the contribution. ... + Article 27 (1) The amounts paid without legal basis shall be recovered according to the law from their beneficiaries, based on the decisions issued by the county department of work and social protection or the General Directorate of Labour and Social Protection of the Municipality of Bucharest. Decisions are enforceable. ... (2) The remaining amounts not recovered from the deceased pensioners shall no longer be pursued. ... + Article 28 The pension is suspended while the pensioner performs a private sentence of freedom or has a permanent residence on the territory of another country. After the end of the above cases, the payment of the pension is resumed on request. + Article 29 The amounts left unearned by the deceased pensioner, representing the pension for the month in which the death took place and, as the case may be, the pension rights due and unpaid until the death, are paid to the surviving spouse, to the children or, in the absence thereof, the parents of the deceased or the person who proves he cared for him until the date of death. + Article 30 The provisions of the law in the state social insurance system, as well as art. 22-24 of this Law shall also apply accordingly to the establishment and payment of the other social security rights. + Chapter 6 Transitional and final provisions + Article 31 (1) The pension rights of farmers, established on the basis of the legislation in force until the date of this law, shall continue to be maintained and shall be paid indexed and increased by fixed amounts representing the compensation of the increase in prices and tariffs in the amounts applicable to state social security pensions, as long as the conditions under which they were granted are met. ... (2) The minimum pension for full seniority, 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. ... (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 under 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. ... + Article 32 (1) It constitutes a useful time in retirement and the period during which the persons included in the social insurance organized by this law carried out a workload in the former agricultural production cooperatives in which they had the status of cooperator or were paid the minimum contribution provided in Law no. 5 5 of 30 June 1977 . For former cooperators the minimum contribution provided by this law, determined accordingly to the minimum gross basic salary per country, regulated at the date of entry into force of the law, shall be considered paid for the period during which they provided the volume Work. ... (2) The useful time is established in years by reporting the workload expressed in the rules, summed up for the entire period during which the insured person worked in the former agricultural production cooperative, at the lowest annual volume of rules established by general meeting during that period. ... (3) The useful time established under the conditions of paragraph ((2) may not exceed the number of years in which the workload has been provided. ... (4) Persons who at the end of the retirement age provided in art. 8 did not realize 10 years old according to the provisions of para. (2), but are at least 5 years old in the 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. 9 9 para. ((7). ... (5) On request, persons who have exceeded the retirement age provided for by this Law shall benefit from this right, even if they have been established an additional pension right. ... + Article 33 People who have a useful age in retirement, made according to the norms of this law, less than 30 years old men and 25 years women, can benefit from pension, under this law, if they contribute to the pension and social insurance fund of farmers until reaching the retirement age. + Article 34 (1) Persons who receive a pension from the social insurance scheme of farmers benefit from this pension even if they are entitled to a pension from other sectors with their own insurance schemes. These persons are not subject to the provisions art. 42 42 of Law no. 3/1977 on state social insurance and social assistance pensions. ... (2) The social security pension of farmers may be combined with other income. ... + Article 35 (1) Pension and social insurance activity for farmers passes to the Ministry of Labour and Social Protection. The Autonomous Pension and Social Insurance House of Taranimii ceases its activity. ... (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. ... (3) The rest and spa treatment units of the peasants pass in the administration of the Ministry of Labour and Social Protection until the clarification of their legal situation, in compliance with the destination for which they were established. The net profit obtained from the activity of these units is income to the social insurance budget of farmers. ... (4) The employees related to the pension and social insurance activity for the peasants and the rest units and spa treatment of the peasants, taken over by the Ministry of Labour and Social Protection, shall be considered transferred in the interest of the service. ... (5) The surrender-receipt of the entire activity and the patrimonies provided in par. (2) is made by protocol, on the basis of balance sheet. ... (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. ... (7) After taking over the patrimonies provided in par. (2), the Government will organize the control of the previous management of these patrimonies, and in case of finding some irregularities, it will take measures to recover the damage and hold the culprits to account. ... + Article 36 (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 37 On the date of entry into force of this Law, the Law no. 4 4 of 30 June 1977 on pensions and other social security rights of members of agricultural production cooperatives, Law no. 5 5 of 30 June 1977 on pensions and other social security rights of peasants with an individual household in the non-cooperative areas concerned, Decree-Law no. 53/1990 on the increase of pensions and other social security rights of members of agricultural cooperatives, as well as any other provisions to the contrary. -----------------
