LEGE no. 44 44 of 1 July 1994 (** republished) (* updated *) on war veterans, as well as some rights of war-widows and widows ((updated on 1 January 2016 *)
ISSUER
PARLIAMENT
---------- ** **) Republicated pursuant to art. II of Law no. 167/2002 , published in the Official Gazette of Romania, Part I, no. 254 of 16 April 2002, giving the texts a new numbering. Law no. 44/1994 , published in the Official Gazette of Romania, Part I, no. 172 of 7 July 1994, has been amended by: - Government Ordinance no. 17/1995 , published in the Official Gazette of Romania, Part I, no. 186 186 of 17 August 1995 (approved with amendments by Law no. 122/1995 , published in the Official Gazette of Romania, Part I, no. 293 293 of 19 December 1995); - Government Ordinance no. 24/1995 , published in the Official Gazette of Romania, Part I, no. 193 193 of 25 August 1995 (approved by Law no. 114/1995 , published in the Official Gazette of Romania, Part I, no. 282 282 of 5 December 1995); - Government Emergency Ordinance no. 85/1997 , published in the Official Gazette of Romania, Part I, no. 378 378 of 29 December 1997 (approved with amendments by Law no. 246/1998 , published in the Official Gazette of Romania, Part I, no. 495 495 of 22 December 1998); - Government Emergency Ordinance no. 25/1999 , published in the Official Gazette of Romania, Part I, no. 130 130 of 31 March 1999 (approved with amendments by Law no. 114/1999 , published in the Official Gazette of Romania, Part I, no. 297 297 of 25 June 1999); - Law no. 132/2000 , published in the Official Gazette of Romania, Part I, no. 345 345 of 25 July 2000; - Law no. 135/2000 , published in the Official Gazette of Romania, Part I, no. 345 345 of 25 July 2000; - Government Emergency Ordinance no. 215/2000 , published in the Official Gazette of Romania, Part I, no. 606 of 25 November 2000 (approved with amendments by Law no. 770/2001 , published in the Official Gazette of Romania, Part I, no. 14 14 of 11 January 2002); - Law no. 770/2001 , published in the Official Gazette of Romania, Part I, no. 14 14 of 11 January 2002; - Law no. 167/2002 , published in the Official Gazette of Romania, Part I, no. 254 254 of 16 April 2002. Law no. 167/2002 was rectified in the Official Gazette of Romania, Part I, no. 676 676 of 11 September 2002. + Chapter I The quality of war veteran and war widow + Article 1 They have the quality of war veteran people who participated in the first or second world war in the Romanian army and were in one of the following situations: a) they fought in military units-subunits, large units or commands-to different echelons or were part of the logistic formations, as provided for in the Nomenclature of the General Staff; ... b) acted in the special units in the interior area to defuse the projectiles, as well as to clean the territory from me until December 31, 1946; ... c) were military commanders or commanders of military guards or members in the military commissions of control and reception in enterprises providing war material, provided in the Nomenclature of the General Staff; ... d) fought on the national territory of the time occupied by the enemy, against it, in units or formations constituted, recognized as such by the General Staff; ... e) were part of the military justice, the military police, the gendarmerie, from military fire units and police companies from the Ministry of Administration and Interior, who acted in the area of operations or were in units or formations constituted and acted during the war, during the periods shown in the Nomenclature of the General Staff; ... f) have become disabled by war; ... g) were prisoners of war. ... + Article 2 They are also considered war veterans, the people who participated in the first or second world war, as follows: ------------- The introductory part of art. 2 2 has been amended by section 4.2 1 1 of art. I of LAW no. 303 303 of 13 November 2007 , published in MONITORUL OFFICIAL no. 785 785 of 20 November 2007. a) Romanian citizens from any territory who voluntarily enlisted and fought in the ranks of the United Nations armies; ... b) the inhabitants of the Romanian provinces, temporary occupied during 1940-1945, who were compulsorily incorporated or mobilized and fought in the armies of other states, if they retained or regained their Romanian citizenship and their domicile in Romania; ... c) persons of German nationality who have been compulsorily assigned to units of the German army, if they have retained or reacquired their Romanian citizenship and domicile in Romania. ... + Article 3 Invalid of war is the war veteran who suffered through injury or injury during his time because of the war an invalidity attested by a legal medical act. + Article 4 Prisoner of war is: a) the person captured by the enemy during the war operations, whether he was combatant or non-combatant, as well as the one assimilated with it according to the international conventions to which Romania is a party; ... b) the person who, after the cessation of hostilities, on August 23, 1944, was disarmed by Soviet or German troops, or, even undisarmed, was admitted to prison camps; ... c) student of military schools of officers, petty officers and military foremen, sent to study in Germany, as well as the soldier and the framework in this country at specialization, considered prisoners of war by the German authorities on August 23, 1944. ... + Article 5 The quality of war veteran is established by the Ministry of National Defence, on the basis of the official documents requested by this ministry, issued by the bodies in law, confirming the situations provided in art. 1 1 and 2. ------------- Paragraph 1 of art. 5 5 has been amended by section 2 2 of art. I of LAW no. 303 303 of 13 November 2007 , published in MONITORUL OFFICIAL no. 785 785 of 20 November 2007. War invalids, regardless of the degree of invalidity, prove their quality through the classing minutes and the respective pension decision. Prisoners of war prove their quality on the basis of official documents issued by the military archives, as well as by any other document issued by the Ministry of National Defence or by the organ to which they were detained. ------------- Paragraph 3 of art. 5 5 has been amended by section 2 2 of art. I of LAW no. 303 303 of 13 November 2007 , published in MONITORUL OFFICIAL no. 785 785 of 20 November 2007. In cases where, for various reasons, those entitled do not possess the requested official acts or cannot be issued the necessary proof as a result of the non-existence or destruction of the archives, confirmed in writing, the quality of war veteran will be determine by the reconstitution committees, with witnesses, under the conditions provided by law and the methodology established for this purpose by the Ministry of National Defence. ------------- Paragraph 4 of art. 5 5 has been amended by section 2 2 of art. I of LAW no. 303 303 of 13 November 2007 , published in MONITORUL OFFICIAL no. 785 785 of 20 November 2007. + Article 6 The badge of war veteran shall be issued to persons referred to in art. 1 and 2 by the Ministry of National Defence. The war veteran's ID can be released to those entitled also by the National War Veterans Association or other associations of legally constituted war veterans, each for its members; it will be countersigned by the United States. of the Ministry of National Defence. + Article 7 The quality of war veteran cannot be acquired by the person who: a) committed acts of treason of homeland or accepted to be used by the enemy as a spy or diversion agent on the territory of the country, facts found by a final court decision; ... b) fought as a volunteer in foreign armies against the country or the United Nations or committed acts of terror and crimes against the native population of the times occupied by the enemy; ... c) defected from the Romanian army during the war; ... d) obtained the proof document provided in art. 5 5 para. 1 by false statements or by dolosive workings found by the court decision remaining final or when the decision of the reconstitution commission given under the conditions of art. 5 5 para. 4 4 has been cancelled. ... Proving the restrictive circumstances provided in art. 2 lit. a) and b), as well as in art. 7 lit. b) and c) returns to the competent body in determining the quality of war veteran or is found, as the case may be, by final court decision. If the facts provided in par. 1 lit. a), b) and c) were found after establishing the quality of war veteran, as well as in the case provided in par. 1 lit. d), the one in question will lose this quality and will be obliged, according to the law, to refund the amounts collected unearned, as well as the value of the facilities he benefited from as a war veteran. + Article 8 Apart from the cases in which the law has otherwise, the rights arising from the quality of war veteran are not transmissible and they cease by the death of the holder. The rights arising from the quality of decorated war veteran, related to impropriety with place of home or equivalent, are transmissible to legal heirs, if the holder has submitted the application for obtaining these rights during his lifetime. + Article 9 The widow of war is the surviving wife of the deceased on the front, in the prisoner or as a result of injuries or diseases contracted on the front or in the prisoner. The quality of war widow is established on the basis of documents, under the conditions provided for in the regulations developed by the Ministry of Labour, Family and Social Protection. + Chapter II*) Rights of war veterans and war widows + Article 10 The time of participation in the war, as well as periods of imprisonment, hospitalization and sick leave, as a result of injuries suffered at war or in the prisoner, is considered to be seniority in work or service, in calculating the pension, regardless of the theatre of operations that they fought. + Article 11 The war widow who is entitled to the I.O.V.R. pension under the law receives, in addition to this pension, the social security pension. The surviving husband of the war veteran, who has not remarried, benefits from half of the war veteran's allowance and the monthly annuity provided in art. 13 and 14, as well as half of the number of free trips he had or had to have the right, according to the law, the deceased husband. Widows of war veterans who have not remarried will benefit from 100% of the war veteran's allowance, if their spouses before the death were not decorated with orders or war medals or with the Medal "Commemorative Cross of World War II." of the Second World War 1941-1945 ". + Article 12 War veterans benefit from allowances and monthly increase, in proportion to the time they fought in the war, according to the law. The same rights also benefit the war widows who have not remarried, except for the monthly increase mentioned in the previous paragraph. In cases where one and the same person fall both in the category of war veteran and in that of former political prisoner or deported, including a prisoner of war in the former U.R.S.S., taken after August 23, 1944 or, although declared before this date, was retained after the date of the ceasefire, cumulatively benefits from the money rights during the periods corresponding to the quality, provided that the periods are distinct. The person referred to in the previous paragraph may not cumulate the other rights other than money, but will have the right to opt for the most advantageous or, as the case may be, to obtain those not provided for in this law, but are recognized by law for the other category or the other categories in which it falls. + Article 13 War veterans, who have been awarded orders and medals for the acts of weapons committed on the battlefield, benefit from the following rights, if they have not received them through other impropriety laws from the date of decoration to date and prove with legal acts the right requested: a) those decorated with the Order of Michael the Brave or the Aeronautical Virtue Order with spades, Knight class: ... -impropriety with a lot of 5 ha agricultural land, from the reserve created according to Law of Land Fund no. 18/1991 , republished, with subsequent amendments and completions, in the locality of domicile or a place of house of 500 m² in the municipality, the city or the commune in which the decorated domicile; -those decorated with the Order of Mihai Viteazul, of a monthly annuity equivalent to 1.75 basic solbasic of a sub-lieutenant, the basic solda being composed of grade solda and function solda to the minimum; -those decorated with the Aeronautical Virtue Order with spade, Knight class, of a monthly annuity equivalent to 1.75 solde grade of a sub-lieutenant; b) those decorated with the Order of the Star of Romania with spades and ribbon of Military Virtute or with the Order of the Star of Romania with spades, Order Virtue Aeronautica with spade, Order of the Crown of Romania with spades and ribbon of Military Virtute or Order of the Crown Romania with spades, Order of the Cross Queen Mary, Medal of Military Virtue of War, Medal of Maritime Virtue, Medal Virtue Aeronautics or Aeronautical Medal, Medal of Faithful Service with spades, Medal of Barbation and Faith with spades, Cross Faithful service with spades, the Sanitary Merit Cross, as well as the Hostile Virtue Medal, only if it was awarded for acts of weapons committed on the battlefields of the first or Second World War or for special services to the army in time of war, in accordance with the provisions of art. 1 1: ... -impropriety with 500 m² for the place of house in the municipality, its common city in which it resides or, if this is not possible, with 1 ha arable land in extravilan. Those decorated with the orders or medals provided in lit. b) benefit from a monthly annuity equivalent to 1.3 grade solde of a sub-lieutenant. War veterans who, due to the shortage of land in localities where they reside or in other localities, could not be impropriety according to the law will be compensated with an amount representing the value of the land to which they were entitled according to law The amount of compensation is borne from the state budget and is updated annually by Government decision. ---------- Article 13 has been amended by section 1. 1 1 of art. I of EMERGENCY ORDINANCE no. 9 9 of 29 April 2015 , published in MONITORUL OFFICIAL no. 299 299 of 30 April 2015. + Article 14 War veterans who are not decorated with orders, medals or war crosses provided in art. 13 13 para. 1 lit. a) and b), but to which the Medal was conferred "The Commemorative Cross of World War II, 1941-1945" benefits from a monthly annuity equivalent to 90% of the grade solda of a sub-lieutenant. ---------- Article 14 has been amended by section 4.2. 2 2 of art. I of EMERGENCY ORDINANCE no. 9 9 of 29 April 2015 , published in MONITORUL OFFICIAL no. 299 299 of 30 April 2015. + Article 14 ^ 1 Since March 2004, the monthly annuity provided in art. 13 and 14 are calculated, as the case may be, depending on the level of the grade level and the minimum function balance of a sub-lieutenant of the Ministry of National Defence, established according to the law. --------------- Art. 14 ^ 1 was introduced by the single article of EMERGENCY ORDINANCE no. 12 12 of 23 March 2004 , published in MONITORUL OFFICIAL no. 278 278 of 30 March 2004. + Article 15 War veterans can benefit from honorary advances in grade, as a rule, on the occasion of May 9-Victory Day, according to proposals made by the associations of war veterans, in compliance with the criteria established by the Ministry of Defense National or Ministry of Internal Affairs, as appropriate. ---------- Paragraph 1 of art. 15 15 has been amended by section 3 3 of art. I of EMERGENCY ORDINANCE no. 9 9 of 29 April 2015 , published in MONITORUL OFFICIAL no. 299 299 of 30 April 2015. War veterans have the right to wear military uniform under the conditions set by the Ministry of National Defence and the Ministry of Administration and Interior respectively. In recognition of the merits of war veterans on the battlefields to defend the independence, sovereignty, territorial integrity and interests of Romania, the Day of War Veterans is established, which is organized annually on 29 April. ------------- Paragraph 3 of art. 15 15 has been introduced by section 5 5 of art. I of LAW no. 303 303 of 13 November 2007 , published in MONITORUL OFFICIAL no. 785 785 of 20 November 2007. + Article 16 War veterans and war widows also benefit from the following rights: a) 12 free trips, round trip, or 24 simple trips, in the course of a calendar year, to the first class by rail, to train of any rank, to the great mutilated, for war invalids, as well as to war veterans decorated with Order and war medals. ... War veterans decorated with the Medal "Commemorative Cross of World War II, 1941-1945", the undecorated as well as war widows are entitled, during a calendar year, to 6 free domestic trips, round-trip, or to 12. Simple journeys by rail, to train of any rank. The generals, officers and other war veterans decorated with the Medal "Commemorative Cross of World War II, 1941-1945" travel to Class I, and the undecorated and widows of war, to Class II. War veterans and war widows who live in the countryside are entitled, in the course of a calendar year, to 12 domestic trips, round-trip, free of charge, on the means of car transport, by rail or on river paths, of choice. In the number of trips established for holders, they can also use them for companions. Card transport cards can also be used by the spouse or other persons mandated by the holders to represent their interests, on the basis of authenticated power of attorney, and the presence of the holder when making the trip is not necessary. The attendants of the major mutilates and of the first degree invalids shall enjoy the same free shipping rights and the same class as the rightholders whose companions are; ------------- Lit. a) of art. 16 16 has been amended by art. unique from LAW no. 259 259 of 3 November 2015 , published in MONITORUL OFFICIAL no. 825 825 of 5 November 2015. b) gratuities on public transport in urban areas (metro, tram, trolleybus, bus); ... c) priority to the distribution and rental of housing from the state housing fund. ... Public institutions are authorized to sell the homes in the state housing stock that they have under management, on request, to war veterans and war widows who hold them with a lease. The homes rented to war veterans and war widows, located in the public property of the state, for which their purchase was requested, are passed into the private property of the state, by Government decision, under the law; ------------- Lit. c) of art. 16 16 has been amended by section 4.2 6 6 of art. I of LAW no. 303 303 of 13 November 2007 , published in MONITORUL OFFICIAL no. 785 785 of 20 November 2007. d) priority in granting loans for the construction or purchase of housing on favorable terms; ... e) repealed; ... ---------- Lit. e) of art. 16 16 has been repealed by section 6.6. 3 3 of para. ((1) art. 502 of LAW no. 227 227 of 8 September 2015 , published in MONITORUL OFFICIAL no. 688 688 of 10 September 2015. f) exemption from the payment of the subscription of a telephone station, as well as of radio and television subscriptions. These exemptions apply in proportion to 50% and surviving widows of war veterans, who have not remarried; ... g) the granting of annual aid to cover part of the cost of rent, electricity and thermal energy supply of liquid fuel, solid or natural gas, as the case may be-for domestic needs, the amount of which will be determined, in depending on the evolution of prices, by Government decision, based on the proposals of associations of war veterans. The annual aid will be provided through the bodies that make the payment of war veteran allowances, from the funds provided for this purpose from the state budget *); ... h) free insurance of 4 mc firewood or coal equivalent for the sea mutilated by war in rural and urban areas that use such fuel; ... i) providing facilities to obtain the stove cylinders; ... j) free medical assistance in all state or military civilian medical institutions and provision of free medicines both in outpatient treatments and during hospitalization; ... k) free treatment tickets, in the spa resorts, based on the regulations established by the Ministry of National Defence, the Ministry of Administration and Interior, the Ministry of Labour, Family and Social Protection and the Ministry of Health, in limit of at least 4% of the total number of veterans, war widows and widows of war veterans; consideration of the tickets provided by the Ministry of Labour, Family and Social Protection, within the limit of 3% of the number of veterans, their widows and war widows are supported by budget funds state social insurance and is distributed through territorial pension houses, and the value of tickets provided by the Ministry of Health, within a minimum of 1% of the number of veterans, their widows and war widows, is borne from The health insurance fund and is distributed through the county health insurance companies. ... Of the total number of free tickets received by war veterans ' associations, 10% will be assigned to war widows and widows of war veterans, who have not remarried; ------------- Paragraph 2 of the letter. k) art. 16 16 has been amended by section 6 6 of art. I of LAW no. 303 303 of 13 November 2007 , published in MONITORUL OFFICIAL no. 785 785 of 20 November 2007. l) obtain free of charge by the war invalids of the prostheses that are granted according to the framework contract adopted on the basis Health insurance law no. 145/1997 ** **). The same rights also benefit war veterans, whose health has worsened due to the circumstances in which they participated in the front, based on medical recommendations; ... m) discounts of 50% of the cost of admission tickets to all performances, and 5% of the total seats will be booked at national celebrations; ... n) free access to cultural-sports events organized by the units of the Ministry of National Defence and the Ministry of Administration and Interior; ... o) access to the National Military Circle, to military garrison circles, to houses of culture, to garrison dormitories, to restaurants and poems belonging to the Ministry of National Defence and to the Ministry of Administration and Interior, as well as to their recreational places under the same conditions as active frameworks. ... Note ... ---------- ** **) Health insurance law no. 145/1997 has been repealed by art. 108, para. (1) of EMERGENCY ORDINANCE no. 150 150 of 31 October 2002 , published in MONITORUL OFFICIAL no. 838 838 of 20 November 2002. EMERGENCY ORDINANCE no. 150 150 of 31 October 2002 , published in MONITORUL OFFICIAL no. 838 838 of 20 November 2002 was repealed by art. 317, para. ((3) of LAW no. 95 95 of 14 April 2006 , published in MONITORUL OFFICIAL no. 372 372 of 28 April 2006. ---------- + Article 16 ^ 1 In order to benefit from the facilities provided in art. 16 lit. a) the respective persons will be issued card-type transport cards, customized with the name and personal numerical code of each beneficiary. The mode of use, the model, as well as the data to be entered in the card travel cards will be established by methodological norms approved by Government decision. The card used is the one issued to those persons by the National Health Insurance House, which will store in memory the number of trips to which the beneficiary is entitled, the number of trips made and their value. ------------- Article 16 ^ 1 has been amended by section 1. 2 2 of art. I of LAW no. 211 211 of 13 November 2012 , published in MONITORUL OFFICIAL no. 778 778 of 19 November 2012, amending section 2 2 of art. II of ORDINANCE no. 8 8 of 26 January 2011 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2011. + Article 17 War veterans and suffering war widows can benefit, on request and under the law, from admission to care and assistance centers and other social protection settlements that will be established. The Ministry of National Defence, the Ministry of Administration and Interior and the Ministry of Labour, Family and Social Protection will jointly take measures to build, equip and administer care and assistance centres for veterans. War, invalids and war widows deprived of the family. Veterans and war widows shall be provided free of charge, as the case may be, cremation, resting places in civilian cemeteries or burial sites in military or civilian cemeteries. War veterans are provided with funerals with military honors, according to the degree at the time of death, according to the regulations in force for military personnel in activity. Religious services are provided free of charge by chaplains in military garrisons. ------------- Paragraph 3 of art. 17 17 has been amended by section 7 7 of art. I of LAW no. 303 303 of 13 November 2007 , published in MONITORUL OFFICIAL no. 785 785 of 20 November 2007. + Article 18 *) The rights provided for in art. 16 lit. c), d), g), i), l), m) and art. 17 17 para. 3 also benefits from war injuries outside the tidy service, which have suffered an infirmity due to the action of the fighting means of the war. + Chapter III Final provisions + Article 19 In carrying out their work, veterans and war widows will be supported by the Ministry of National Defence and the Ministry of Administration and Interior by: a) making available the funds allocated from the state budget for the payment of current and capital expenditures, necessary to carry out the activities by their associative structures, those determined by the relations with the organizations national and international profile, as well as for the payment of annual international contributions in foreign currency to international bodies to which the associations of war veterans are affiliated; ... ------------- Lit. a) of art. 19 19 has been amended by section 4.2 8 8 of art. I of LAW no. 303 303 of 13 November 2007 , published in MONITORUL OFFICIAL no. 785 785 of 20 November 2007. b) providing the necessary spaces for offices, consenting and patriotic education activities and honoring the heroes who have sacrificed themselves for the homeland; ... c) insurance with means of transport, with strictly necessary active personnel, in relation to the number of veterans and war widows in evidence. ... + Article 20 Appeals on how to establish the quality of war veteran and war widow are resolved according to Law of Administrative Litigation no. 29/1990 * *). Note ... ---------- * *) Law of Administrative Litigation no. 29/1990 has been repealed by par. ((2) art. 31 of LAW no. 554 554 of 2 December 2004 , published in MONITORUL OFFICIAL no. 1.154 1.154 of 7 December 2004. ---------- + Article 21 Money rights granted under the Law no. 49/1991 on the granting of allowances and bonuses to invalids, veterans and war widows and the present law will be indexed periodically according to the evolution of prices. + Article 22 The land areas necessary for the improprieties provided in art. 13 shall be ensured through the care of public administration authorities in the municipalities, cities or communes where war veterans have their domicile or from other localities when there is no land available in those where they reside, under the conditions Law of Land Fund no. 18/1991 , republished, with subsequent amendments and completions. ------------- Article 22 has been amended by section 9 9 of art. I of LAW no. 303 303 of 13 November 2007 , published in MONITORUL OFFICIAL no. 785 785 of 20 November 2007. + Article 23 To cover all expenses determined by the application of this law, the necessary funds will be borne from the state budget, the state social insurance budget or from the local budgets, within the limits of the amounts approved annually to the Ministry of Defense National, Ministry of Administration and Interior, Ministry of Labour, Family and Social Protection, other specialized bodies of central or local public administration. The railway journey is carried out on the basis of card transport cards provided by the Ministry of Transport and Infrastructure, at the request of the associations of legal war veterans constituted. The payment of travel costs by rail, river and county roads, based on card transport cards, is made by the Ministry of Public Finance directly to the Ministry of Transport and Infrastructure, and the cost of tickets on the means of joint travel from municipalities and cities shall be borne by the county and local councils. The ministries and other specialized bodies of the central and local public administration, as well as the economic operators in the respective fields of activity will each take the necessary measures for the application of this law. ------------- Article 23 has been amended by section 6.6. 3 3 of art. II of ORDINANCE no. 8 8 of 26 January 2011 , published in MONITORUL OFFICIAL no. 78 78 of 31 January 2011. + Article 24 The date of entry into force of this Law shall be repealed: -the provisions relating to the wives of the dead or missing in the war, from art. 5 5 of Decree no. 245/1977 on pensions I.O.V.R.; --art. 4 4 para. ((2) and art. 8 8 para. ((1) of Law no. 49/1991 on the granting of allowances and bonuses to invalids, veterans and war widows; - Government Decision no. 1.065/1990 on gratuities and fare reductions for the journey by rail and car means granted to disabled and war veterans, invalids disabled as a result of participation in the December 1989 Revolution, war widows and widows of those fallen in the Revolution, as amended by Government Decision no. 233/1991 ,, as well as any other provisions to the contrary. -------
