LEGE no. 142 142 of 27 July 1999 (* republished *) on state support for clergy pay *)
ISSUER
PARLIAMENT
Published in OFFICIAL MONITOR no. 375 375 of 3 June 2009
-------- Note ... * *) Republicated pursuant to art. III of Government Emergency Ordinance no. 155/2008 for amendment Law no. 142/1999 on the support of the state for the salary of the clergy, published in the Official Gazette of Romania, Part I, no. 778 of 20 November 2008, approved with amendments and additions by Law no. 117/2009 , published in the Official Gazette of Romania, Part I, no. 279 of 29 April 2009, giving the texts a new numbering. Law no. 142/1999 on the support of the state for the salary of the clergy was published in the Official Gazette of Romania, Part I, no. 361 361 of 29 July 1999 and has been amended and supplemented by: - Government Emergency Ordinance no. 66/2000 to amend and supplement Law no. 142/1999 on the support of the state for the salary of the clergy, published in the Official Gazette of Romania, Part I, no. 251 of 6 June 2000, approved with amendments and additions by Law no. 647/2001 , published in the Official Gazette of Romania, Part I, no. 21 21 of 16 January 2002, - Government Emergency Ordinance no. 197/2000 for amendment Law no. 142/1999 on the support of the state for the salary of the clergy, published in the Official Gazette of Romania, Part I, no. 580 580 of 20 November 2000, rejected by Law no. 765/2001 , published in the Official Gazette of Romania, Part I, no. 21 21 of 16 January 2002; - Government Emergency Ordinance no. 10/2002 for amendment Law no. 142/1999 on the support of the state for the salary of the clergy, published in the Official Gazette of Romania, Part I, no. 128 of 18 February 2002, approved with amendments by Law no. 354/2002 , published in the Official Gazette of Romania, Part I, no. 424 424 of 18 June 2002, - Government Emergency Ordinance no. 4/2003 on the salary increases that will be granted in 2003 to the salarized clerical staff Law no. 142/1999 on the support of the state for the salary of the clergy, published in the Official Gazette of Romania, Part I, no. 114 of 24 February 2003, approved with amendments by Law no. 299/2003 , published in the Official Gazette of Romania, Part I, no. 484 484 of 7 July 2003; - Government Emergency Ordinance no. 123/2003 on salary increases that will be granted to staff in the budget sector, published in the Official Gazette of Romania, Part I, no. 919 of 22 December 2003, approved with amendments and additions by Law no. 164/2004 , published in the Official Gazette of Romania, Part I, no. 446 446 of 19 May 2004; - Law no. 132/2008 to amend and supplement Law no. 142/1999 on the support of the state for the salary of the clergy, published in the Official Gazette of Romania, Part I, no. 522 522 of 10 July 2008. --By Government Decision no. 1.221/2002 on the indexation of the amount of sectoral reference value for clerical staff, published in the Official Gazette of Romania, Part I, no. 821 of 13 November 2002, the amount of sectoral reference value for clerical staff was indexed. + Article 1 (1) The Romanian state supports cults, recognized according to Law no. 489/2006 on religious freedom and the general regime of cults, at their request, for the salarization of clerical staff. ... (2) The clerical staff who benefit from the provisions of this law retain the status of employee of the recognized religious cult. ... (3) The number of posts of clerical staff for which the state supports the payroll by allocating a fund from the state budget shall be distributed annually by the Ministry of Culture, Religious Affairs and National Heritage, based on the proposals of the central units of cult of recognized cults, in relation to the number of believers, according to the last census, with the real needs and with the fund allocated for this purpose. ... + Article 2 (1) The support of the state for the salary of clerical personnel operating in the country, within the Romanian cults, recognized according to the law, shall be established as follows: ... a) the staff in the management of the cults assimilated to the one assigned to public dignity functions benefit from a monthly allowance provided in Annex no. 1. The monthly allowance is the only form of remuneration for the respective staff and represents the basis of calculation for the establishment of rights and obligations, which are determined in relation to the salary income; ... b) staff in the management of the cults, other than the one referred to in a), receive monthly support to pay, according to the functions they occupy, at the level of basic salaries established according to the law for teachers in state pre-university education, according to the assimilations provided in Annex no. 2 2; ... c) clerical staff operating in cult units receive monthly support to pay in the amount of 65% of basic salaries established according to the law for teachers in state pre-university education, according to the level of studies, the professional degree obtained and the seniority in the clerical activity held within the Romanian cults, according to the assimilations provided in Annex no. 3. ... (2) The number of posts for clerical staff may be increased annually by the state budget law. ... (3) The allowances and the amount of monthly support to the payroll, which are allocated from the state budget, provided in par. (1), are in gross amount and are taxable, according to the law. ... + Article 3 (1) By exception to the provisions of art. 2 2 para. ((1) lit. c), clerical staff operating in low-income cult units can benefit from monthly salary support in the amount of 80% of basic salaries established according to the law for teachers in education State pre-university, according to the level of studies, the professional degree obtained and the seniority in the clerical activity held within the Romanian cults, according to the assimilations provided in Annex no. 3. ... (2) The criteria under which cult units are considered as low-income, according to par. ((1), shall be established by the methodological norms for the application of this law * *). ... ---------- Note ... ** **) See Government Decision no. 1.070/1999 for the approval of the methodological rules for the application of Law no. 142/1999 on the support of the state for the salary of the clergy, published in the Official Gazette of Romania, Part I, no. 655 of 31 December 1999, with subsequent amendments and completions. (3) clerical staff may benefit from the provisions of par. ((1) 30% of the total clerical posts set out in Annex no. 3, for which support is allocated to payroll from the state budget. ... (4) The number of posts established according to par. (3) will be assigned to cults, in relation to the number of believers, according to the last census, and to real needs. ... (5) Central places of worship, based on the number of posts communicated annually, transmit to the Ministry of Culture, Religious Affairs and National Heritage motivated proposals including the nomination of cult units for whose clerical staff are desired granting the monthly support provided in par. (1) and which meet the conditions and criteria provided in par. ((1) and (2). ... (6) The lists of cult units whose clerical staff receive monthly support under the conditions of par. (1), as well as their modification shall be established at the proposal of the central cult units and shall be approved annually by order of the Minister of Culture, Religious Affairs and National Heritage ... (7) Do not benefit from the provisions of para. (1) clerical staff from cult units who earn income from rental, lease and concession of properties. ... + Article 4 The conditions of employment of the professional degrees of clerical staff provided for in art. 2 2 para. ((1) lit. c) is approved by the Ministry of Culture, Religious Affairs and National Heritage, on the proposal of recognized cults. + Article 5 From the state budget it is ensured, through the budget of the Ministry of Culture, Religious Affairs and National Heritage, only the rights established under the conditions provided in art. 2 and 3, including contributions to state social insurance, to health insurance, to unemployment insurance, as well as other mandatory contributions provided by law for the employer. + Article 6 (1) In order to support the Romanian religious settlements outside the borders, which carry out special activities in order to maintain the linguistic, cultural and religious identity of Romanians outside the borders, it is allocated from the state budget, through the central unit of worship in Romania, an amount representing the equivalent in lei of 200,000 euros monthly. ... (2) The amount provided in par. (1) is allocated to the central units of recognized cults, through the budget of the Ministry of Culture, Religious Affairs and National Heritage. ... (3) Destinations of the amount provided in par. (1) shall be established by the central units of the recognised cults, together with the heads of the cult units outside the borders, the amount to be used to supplement the salaries of the clerical staff of those units, including for the payment of the contributions provided by law to state social insurance, to health insurance, to unemployment insurance, as well as to other mandatory contributions provided by law for the employer. The obligation to justify the use of this amount lies with the central cult unit in Romania, by presenting to the Ministry of Culture, Religious Affairs and National Heritage of the documents provided by the legal norms in force. ... (4) The amount provided in par. (1), respectively the equivalent in lei thereof, can be amended annually by the state budget law. ... + Article 7 Starting with the date of entry into force of this law the clerical staff provided in art. 2 and 6 no longer benefit from other contributions from the state budget, granted on the basis of Government Ordinance no. 4/1993 *) on the granting of contributions from the state budget to complete the salary of the staff of the cult units in the country and the staff of the Orthodox cult who operate abroad, approved by Law no. 88/1994 ,, as amended, and Government Ordinance no. 38/1994 on the establishment of forms of financial support for low-income or non-income cult units and the granting of allowances to hierarchs and cults, approved with amendments and additions by Law no. 130/1994 ,, as amended. -------- Note ... * *) Government Ordinance no. 4/1993 has been repealed by Government Ordinance no. 72/2000 on the establishment of forms of financial support for low-income or non-income cult units belonging to religious cults in Romania, published in the Official Gazette of Romania, Part I, no. 407 of 29 August 2000, approved with amendments and additions by Law no. 244/2001 , published in the Official Gazette of Romania, Part I, no. 289 289 of 1 June 2001. - Government Ordinance no. 72/2000 has been repealed by Government Ordinance no. 82/2001 on the establishment of forms of financial support for cult units belonging to recognized religious cults in Romania, published in the Official Gazette of Romania, Part I, no. 543 of 1 September 2001, approved with amendments and additions by Law no. 125/2002 , published in the Official Gazette of Romania, Part I, no. 198 198 of 25 March 2002. + Article 8 Clerical staff employed in the budget units do not benefit from the provisions of this law, which is salarized in accordance with the legal provisions governing the salary of the personnel assigned to these units. + Article 9 The rights established according to the legal provisions in force shall continue to be granted to the staff employed in the religious cults in Romania, according to the law, for which the provisions of this law + Article 10 The use of funds allocated from the state budget, according to this law, is subject to the control of the Ministry of Culture, Religious Affairs and National Heritage and other bodies empowered by law. + Article 11 Annexes no. 1-3 are an integral part of this law. + Article 12 The government will develop methodological norms for the application of the provisions of this law * *), at the proposal of the State Secretariat for Religious Affairs, following its consultation with religious cults. -------- Note ... ** **) See Government Decision no. 1.070/1999 for the approval of the methodological rules for the application of Law no. 142/1999 on the support of the state for the salary of the clergy, published in the Official Gazette of Romania, Part I, no. 655 of 31 December 1999, with subsequent amendments and completions. + Annex 1 ALLOWANCES the staff of the cults recognized and of the central units of worship, assimilated to that assigned to public dignity functions No. Crt. Function Maximum number of posts Monthly allowance-lei-1. Patriarch of the Romanian Orthodox Church 1 8.357 2. Major Archbishop, Metropolitan Church and Roman Catholic Church 11 7.698 3. Archbishop, head of worship (metropolitan, bishop, mufti, chief rabbi, union president, president) 16 7,244 4. Bishop, bishop-patriarchal vicar 39 6.629 5. Bishop-vicar, bishop cohelper, auxiliary bishop, archereu-vicar 26 6.342 + Annex 2 Staff in the management of cults and cult units other than that assimilated to the functions of public dignity No. Crt. Clerical function The number of posts for which monthly support is provided on payroll The teaching function with which 1 is assimilated. Vice-President of the Union, patriarchal administrative vicar, general vicar, secretary-general, patriarchal counselor, first rabbi 46 Professor with higher education, with teaching degree I and seniority in education over 40 years 2. Patriarchal secretary, inspector general church, diocesan administrative vicar, episcopal vicar 41 Professor with higher education, with teaching degree I and seniority in education between 22 and 25 years 3. Secretary of the Patriarchal Chancellery, diocesan adviser, diocesan secretary, diocesan inspector, exarch, protopop 715 Professor with higher education, with teaching degree II and seniority in education between 10 and 14 years 4. Abbot, superior, egumen 466 Professor with higher education, with teaching degree II and seniority in education between 2 and 6 years + Annex 3 Clerical staff employed in the recognized cult units in Romania No. Crt. Clerical function Number of posts for which monthly support is provided on payroll The teaching function with which Priest, deacon, pastor, herald, imam, rabbi, cantor, cult officiant 15,237 1 is assimilated. With higher education: 10.957 Teacher with higher education 1.1. degree I 3,018 teaching degree I 1.2. grade II 3.238 teaching degree II 1.3. definitively 2,440 definitive 1.4. debutant 2.261 debutant 2. With secondary education: 4.280 Teacher, educator, foreman-instructor with secondary education 2.1. degree I 663 teaching degree I 2.2. degree II 783 teaching degree II 2.3. definitively 1.690 definitively 2.4. debutant 1.144 debutant NOTE: Monthly support in the salarization of clerical staff is determined, under the conditions of this law, on tranches of seniority in clerical activity, properly with the basic salaries of teachers as established by law, on tranches of old. NOTE: We reproduce below provisions that are not incorporated into the republished form of Law no. 142/1999 and which continue to apply as own provisions of the amending acts: - art. II of Government Emergency Ordinance no. 66/2000 to amend and supplement Law no. 142/1999 on State support for the salarisation of the clergy: "" Art. II. --The rights provided for in art. 2 2 para. ((1) lit. c) of Law no. 142/1999 on the support of the state for the salary of the clergy can benefit, from the date of entry into force of this emergency ordinance, and the clerical staff who have been subject to the provisions of art. 1 1 para. ((3) of the same law and which did not benefit from the state's support for the salary of the clergy. "; - art. III of Government Emergency Ordinance no. 10/2002 for amendment Law no. 142/1999 on State support for the salarisation of the clergy: "" Art. III. -(1) This emergency ordinance shall apply from 1 March 2002. (2) On the date provided in par. (1) is repealed art. I section 2 2 ^ 2 and 2 ^ 3 and art. I ^ 1 of Government Emergency Ordinance no. 66/2000 to amend and supplement Law no. 142/1999 on the support of the state for the salary of the clergy, published in the Official Gazette of Romania, Part I, no. 251 of 6 June 2000, approved with amendments by Law no. 647/2001 , published in the Official Gazette of Romania, Part I, no. 21 21 of 16 January 2002. '; ... - art. II of Law no. 132/2008 to amend and supplement Law no. 142/1999 on State support for the salarisation of the clergy: "" Art. II. -Within 60 days of the entry into force of this law, the Ministry of Culture and Religious Affairs, following consultation with religious cults, will submit to the approval, by Government decision *), the amendment and completion of the Methodological Norms of application of provisions Law no. 142/1999 on state support for clergy pay, approved by Government Decision no. 1.070/1999 , published in the Official Gazette of Romania, Part I, no. 655 655 of 31 December 1999. '; -------- Note ... * *) See Government Decision no. 1.617/2008 amending and supplementing the methodological rules for the application of the provisions Law no. 142/1999 on state support for clergy pay, approved by Government Decision no. 1.070/1999 , published in the Official Gazette of Romania, Part I, no. 843 843 of 15 December 2008. - art. II of Government Emergency Ordinance no. 155/2008 for amendment Law no. 142/1999 on State support for the salarisation of the clergy: "" Art. II. -This Emergency Ordinance shall enter into force from 1 January 2009. ' ------
