Law No. 80 of 21 July 1992 (* republished *) on pensions and other social insurance rights of farmers.
(updated by 19 May 2000)
ISSUER-PARLIAMENT------*) Updated no later than May 19, 2000: order No. 70 of 29 august 1994; Emergency Ordinance No. 54 of 19 May 2000.
*) Republished under art. III of law No. 1/94, published in the Official Gazette of Romania, part I, no. 9 of 17 January 1994, realizing it is articles and a new numbering paragraphs. Law No. 80/1992 will be published in the Official Gazette of Romania, Part I, no. 180 of 29 July 1992.
Romanian Parliament adopts this law.
Chapter 1 General provisions Article 1 the farmers and owners of forest land as well as their family members aged over 15 years, providing a nesalariata work within individual households or within the associative forms of agriculture, under the conditions and limits laid down by this optional insurance law, are entitled to a retirement pension: (a) limit) age;
(b) pension for the loss of capacity);
c) survivor's pension;
d) compensation for temporary incapacity for work;
e) allowance for pregnancy and lehuzie;
f) allowance for child-rearing in the age of up to one year;
g) death grants;
h) other rights of social security.
Article 2 (1) of the social security Pensions due to farmers are not taxable.
(2) the right to a pension is imprescriptibil and non-transmissible.
(3) applications for establishment and payment of pensions and other social insurance rights are exempt from stamp duty.
Chapter 2 Organisation of the pension scheme and the social security of farmers ' pensions Article 3 and other social insurance rights provided for in this law shall be determined and paid by the Ministry of labour and social security.
Article 4 the Ministry of labour and social security shall, according to law, all operations relating to the establishment and management of pension funds and other social insurance rights for farmers.
Article 5 (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) In cases where the sources referred to in paragraph 1. (1) does not cover expenses for payment in full of the pensions and other social insurance rights will be allocated funds from the budget, which will determine and approve the annual budget law.
(3) *) insured persons under the present 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% on the monthly income insured and a rate of 2% over the same average monthly insured income for the financing of healthcare.
— — — — — — — — — — — — — *) under the provisions of art. II of law No. 1/1994, insured persons under contracts of insurance completed until the entry into force of the abovementioned law no due to 2% share referred to in that paragraph, to finance health care.
(4)) Repealed-— — — — — — — — *) para. (4) article. 5 was repealed by article. 41 of the Government Ordinance. 70/1994 income tax. Paragraphs 1 and 2. (4) read as follows: "legal businesses that produce, industrializeaza or marketing agricultural products and foodstuffs shall 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 trade, the Commission or the addition of food made from the activity of marketing of agricultural products and foodstuffs".
(5) *) Repealed (6) *) Repealed-— — — — — — — — — — — — *) para. (4), (5), (6) were repealed by article. 1 of the EMERGENCY ORDINANCE nr. 54 of 19 May 2000 to repeal legal provisions with regard to the contribution of economic agents to the social insurance fund for farmers.
The text of those articles was: "para. (4): businesses with legal personality which produce, industrializeaza or marketing agricultural products and foodstuffs shall 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 trade, the Commission or the addition of food made from the activity of marketing of agricultural products and foodstuffs ".
"Para. (5): Employment of economic agents referred to in paragraph 1. (4) the type of activity and levels of contribution, as well as the method of collection and prosecution thereof shall be established by decision of the Government ".
"Para. (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 social insurance budget income for farmers ".
(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.
Article 6 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.
Article 7 (1) For family members of insured persons, the age of 18 years, the contribution referred to in article 1. 5 para. (3) shall be considered paid.
(2) contribution retirement and social insurance to young farmers aged over 18 and who have not outgrown the age 30 years will represent the first year of insurance 50% from the level of the contribution referred to in article 1. 5 para. (3), 65% in the second year and 50% in the third year.
Chapter 3 Categories and characteristics of the right to Retirement Pension for section I of article 8 age limit the people who have insurance, the system organized by this law, the 30-year-old men and 25 women, are entitled to full pension at the age of 62 years fulfillment men and 57-year-old women.
Article 9 (1) full Pension for age limit shall be determined by applying the quota of 60% over the average monthly insured income for the past 10 years for which they have paid social insurance contribution.
(2) the average monthly insured Income shall not be less than one-half of the minimum gross salary per country, covered from the date of payment of this contribution.
(3) persons who have a lifetime of more than 30 insurance years men and women benefit from 25 years for every year in the first five years plus a pension increase of 1% for each year and, in addition, over this period, an increase of 0.5% of the average monthly insured income.
(4) persons who have a period of less than 30 years old men and 25 women, but not less than 10 years of contribution, receive a pension calculated under the terms of paragraph 1. (1) the number of years, in proportion to the insurance.
(5) the minimum Pension for age limit integral, determined in accordance with the provisions of this law may not be less than half the amount resulting from application of the quota of 60% on the gross minimum basic salary per country, governed from its date of establishment.
(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 shall also 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 referred to in paragraph 1. (5) in proportion to the number of years of insurance period.
Article 10 (1) actual contribution is determined in years. Fractions of time greater than 6 months are complete within one year, if the cause has seniority minimum needed for retirement.
(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 in other sectors with its own systems of insurance, even if it was not paid the social security contribution during this period.
(3) the same rights also benefit mother who nursed her child up to the age of one year.
Section II Pension for loss of work capacity in article 11 (1) insured persons according to the provisions of this law, due to accidents or diseases or products during the period reached, have lost totally or mostly in working capacity, being placed in grade I or II disablement pension, get time as disability lasts.
(2) the invalidity pension first degree shall be determined 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.
(3) the amount of the invalidity pension degree represents 85% of the invalidity pension first degree.
Article 12 in the event of a change of the degree of invalidity pension corresponding to the new degree shall be determined on the basis of the amount of the pension shall be considered the degree of invalidity above.
Article 13 (1) fulfillment of the age 62 years men and 57 years for women, pensioners, disability shall be calculated upon request a pension for age limit, if you have proof of contribution over 10 years.
(2) where, by a pension recalculation is lower, at 62 years of age the accomplishment of men and 57-year-old women maintain the amount of the invalidity pension.
Article 14 Employment and retention levels of disability shall be made under the conditions applicable to persons covered by the social security system.
Section III the survivor Article 15 (1) the survivor's pension shall be paid to the surviving spouse and children, under the conditions laid down in this law.
(2) the survivor's pension shall be granted if the deceased person was retired or satisfied the conditions laid down for obtaining a pension.
Article 16 (1) children are entitled to survivor's pension until the age of 16 years of fulfillment or, if studies continue, until their completion, without exceeding the age of 25 years, 26 years old, respectively, in the case of those who follow higher studies with a duration of more than 5 years.
(2) If they found themselves in a State of disability of any degree of fulfillment referred to in paragraph 1, second subparagraph, children receive survivor's pension for the duration of disability.
Article 17 (1) wife or surviving spouse entitled to a survivor's pension throughout life in fulfillment of 57 years of age, 62 years respectively, if they had at least 15 years of marriage. If the duration of the marriage was smaller, but not less than 10 years, a pension shall be granted in proportion to the years of marriage.
(2) the wife or the surviving spouse entitled to a survivor's pension, regardless of age and duration of marriage, the time is invalid I or II.
(3) the wife or the surviving spouse is entitled to the survivor's pension, regardless of age or duration of marriage, if the date of death of the spouse has no other income besides those made of agricultural productive activities and has one or more dependent children aged up to 7 years.
(4) the wife or the surviving spouse retains the right to survivor's pension and where remarried.
Article 18 the survivor's pension shall be determined under the conditions laid down for the granting thereof in the State social insurance system.
Chapter 4 Other social insurance rights in article 19 (1) insured persons during temporary incapacity to work, caused by illness or accident, receive an allowance, if they contributed to the farmers ' Insurance Fund for a period of at least 6 months from the last 12 calendar months.
(2) Compensation for temporary incapacity is determined in elevation of 80% of the average monthly insured income of the last 6 months for that contribution has been paid.
(3) women are entitled to this allowance, in cases of pregnancy and lehuzie, for 112 calendar days, and in case of an increase in the age of up to one year, throughout this duration.
Article 20 (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 at least 6 months within the last 12 calendar months.
Article 21 (1) on the death of the insured person is granted a pension equal to the amount of inmormintare the minimum age limit for the integral.
(2) In the event of death of a family member entitled to survivor's pension, the insured shall be granted an aid of inmormintare equal to half of the minimum pension for age limit integral.
Chapter 5 the setting and payment of pensions and other social insurance rights in article 22 (1) a pension shall be set at the request of the person concerned registered at the Office of pensions for farmers within the Directorate of labour and social protection within which the applicant is domiciled.
(2) the dossier in order to retire, and will include insurance up to date records, and other documents establishing the right to a pension.
Article 23 (1) the establishment of the pension or rejection of the application for retirement is through a decision issued by the Office of pensions for farmers within the Directorate of labour and social protection, which will include the grounds of fact and law that led to the admission or rejection of the application.
(2) the decision shall be communicated to the petitioner in writing within 45 days of the date on which the complete dossier.
Article 24 (1) against the decision issued pursuant to article. 23, a person can enter the opposition, within 30 days of the communication, to the appeals Directorate that run on County labor and social protection, in addition to the Directorate-General for employment and social protection of Bucharest.
(2) the decisions of the committees referred to in paragraph (1) the pensions database, can be attacked according to the law on administrative courts no. 29/1990.
Article 25 (1) a pension for age limit may be claimed upon retirement age and the date of the first month following the registration of the complete dossier, compiled for the purpose of retirement.
(2) the invalidity pension is granted as from the date of termination of the payment of indemnities for temporary incapacity for work.
(3) the survivor's pension shall be paid from the date of death of the breadwinner, if it was not retired, or from the date of the first of the month following the death of the pensioner.
(4) The disability retirement, shall be filed within 30 days of receipt of the Declaration of employment in one of the degrees of disability, and for the survivors, not later than 30 days after the date of death of the breadwinner.
(5) in the case of non-compliance with the time limits specified in paragraph 2. (4) payment of the pension shall be made from the date of filing of the application.
Article 26 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.
Article 27 (1) the sums paid without legal basis shall be recovered according to the law from the beneficiaries, on the basis of the decisions issued by the direction of the County job and social protection or the Directorate General for employment and social protection Bucharest. Decisions shall be enforceable.
(2) the amounts remaining unrecovered from deceased pensioners no longer follow.
Article 28 shall be suspended during the period of Pension as punishment execute private retiree or normal residence in the territory of another country. After the cessation of the above causes, payment of the pension shall be resumed on request.
Article 29 Amounts never collected by the pensioner died covering the pension for the month in which the death occurred and, where appropriate, in respect of pension rights due and unpaid until the death, shall be paid to the surviving spouse, children or, in their absence, the parents of the deceased person who proves that fold him up to the time of death.
Article 30 the provisions of the law of the State social insurance system, as well as of art. 22 to 24 of this law shall be applied properly and in establishing and paying other social insurance rights.
Chapter 6 transitional and final Provisions Article 31 (1) of the pension rights of farmers, established on the basis of the legislation in force until the date of the present law, shall be maintained and shall be paid and indexed with fixed amounts which represent compensation for rising prices and tariffs in the amounts applicable to the pensions of State social insurance, so long as the conditions are met under which they were granted.
(2) the minimum Pension seniority, determined on the basis of the 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.
(3) Pensions for the old, 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 security of the farmers.
Article 32 (1) constitutes a timely retirement and the period during which persons covered by social security organized by this law have achieved a volume of work in the former agricultural production cooperatives had the quality of contribution paid or cooperator minimum laid down in law No. 5 of June 30, 1977. The minimum contribution for the former cooperation envisaged by this law, determined the appropriate minimum gross salary per country, covered from the date of entry into force of this law, shall be considered paid for the period during which they performed the workload.
(2) during the useful settles in years through the reporting workload in rules amounted to the entire period during which the insured person has worked in the former agricultural cooperative production, from the smallest annual volume of rules established by the General Assembly in the respective period.
(3) the time fixed under the conditions of paragraph 1 shall be useful. (2) may not exceed the number of years during which amount of work has been rendered.
(4) persons of retirement age to fulfillment. 8 not 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. 9 para. (7) (5) Of this law shall be granted, on request, and people who have exceeded the retirement age prescribed by this law, even if they were established a supplementary pension.
Article 33 people who have useful old retired, carried out according to the rules of the present law, the less than 30 years old men and 25 women, eligible for a pension under this Act, if they contribute to the Pension Fund and social insurance of farmers until the fulfillment of the age of retirement.
Article 34 (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.
(2) the pension insurance of farmers can be combined with other income.
Article 35 (1) the pensions and social insurance for farmers move to the Ministry of labour and social security. The autonomous House pension and social insurance of Peasant ceases its activities.
(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.
(3) Units of rest and treatment balneotherapy and of the peasantry in the administration of the Ministry of labour passing and social welfare until their legal situation is clarified, with due regard to the destination for which they were established. Net profit from the work of these units do come from farmers ' social insurance budget.
(4) Employees covered by pensions and insurance business for social taranime and the rest units of the Russian peasantry and spa treatment, taken over by the Ministry of labour and social security, is considered in the interests of the service transfer.
(5) Teaching-whole activities and referred to in paragraph patrimoniilor. (2) shall be made by the protocol, on the basis of the balance sheet.
(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.
(7) after the acquisition referred to in paragraph patrimoniilor. (2) the Government shall organize a previous management control of these heritage sites, and in the case of irregularities, take action for recovery of damages, and the liability of vinovatilor.
Article 36 (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.
Article 37 on the date of entry into force of the present law shall repeal the law. 4 of 30 June 1977 on pensions and other social insurance rights of members of agricultural production cooperatives, law No. 5 of 30 June 1977 on pensions and other social insurance rights of peasant household in zones with individual necooperativizate, Decree-Law No. 53/90 concerning the increase of pensions and other social insurance rights of members of agricultural cooperatives, as well as any other provisions to the contrary.