Law No. 142 From 27 July 1999 Concerning State Support For The Salaries Of The Clergy

Original Language Title:  LEGE nr. 142 din 27 iulie 1999 privind sprijinul statului pentru salarizarea clerului

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Law No. 142 of 27 July 1999 (republished) concerning State support for the salaries of the clergy) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 375 of 3 June 2009 — — — — — — — — * Note) Republished pursuant to art. III of the Government Emergency Ordinance nr. 155/2008 modification of law No. 142/1999 on State support for the salaries of the clergy, published in the Official Gazette of Romania, part I, no. 778 of 20 November 2008, approved with amendments and completions by law No. 117/2009, published in the Official Gazette of Romania, part I, no. 279 of 29 April 2009, posing a new texts.

Law No. 142/1999 on State support for the salaries of the clergy was published in the Official Gazette of Romania, part I, no. 361 of 29 July 1999 and was amended and supplemented by:-Government Emergency Ordinance nr. 66/2000 for the modification and completion of the law #. 142/1999 on State support for the salaries of the clergy, published in the Official Gazette of Romania, part I, no. 251 of 6 June 2000, approved with amendments and completions by law No. 647/2001, published in the Official Gazette of Romania, part I, no. 21 of January 16, 2002-Government Emergency Ordinance nr. 197/2000 on the modification of law No. 142/1999 on State support for the salaries of the clergy, published in the Official Gazette of Romania, part I, no. 580 of 20 November 2000, rejected by law nr. 765/2001, published in the Official Gazette of Romania, part I, no. 21 of January 16, 2002;
-Government Emergency Ordinance nr. 10/2002 on the amendment of law No. 142/1999 on State support for the salaries of the clergy, published in the Official Gazette of Romania, part I, no. 128 of 18 February 2002, as amended by law No. 354/2002, published in the Official Gazette of Romania, part I, no. 424 of 18 June 2002-Government Emergency Ordinance nr. 4/2003 on wage increases that will be awarded in 2003 paid according to staff clerical law. 142/1999 on State support for the salaries of the clergy, published in the Official Gazette of Romania, part I, no. 114 of 24 February 2003, as amended by law No. 299/2003, published in the Official Gazette of Romania, part I, no. 484 of 7 July 2003;
-Government Emergency Ordinance nr. 123/2003 on wage increases that will grant the budget sector staff, published in the Official Gazette of Romania, part I, no. 919 of 22 December 2003, approved with amendments and completions by law No. 164/2004, published in the Official Gazette of Romania, part I, no. 446 of 19 May 2004;
-Law No. 132/2008 modifying and completing law No. 142/1999 on State support for the salaries of the clergy, published in the Official Gazette of Romania, part I, no. 522 of 10 July 2008.
-By decision of the Government. 1.221/2002 concerning the indexation of the amount of the reference value for clerical staff sector, published in the Official Gazette of Romania, part I, no. 821 of 13 November 2002, the sector reference value for clerical staff has been indexed.


Article 1 (1) the Romanian State supports cults, recognized according to law No. 489/2006 concerning religious freedom and the general status of religions, at their request, for the clerical personnel.
  

(2) clerical Staff benefiting from the provisions of this law retains its status as an employee of a religious cult.
  

(3) the number of clerical staff for stations which supports State payroll through a fund allocation from the State budget shall be distributed annually by the Ministry of culture, religious affairs and national heritage, on the basis of the proposals of the central units of the cult of religious denominations recognized in relation to the number of believers, according to the latest census, with real needs and with the Fund allocated for this purpose.
  


Article 2 (1) State support for clerical personnel that operate in the country, within the cults of Romania, recognized under the law shall be as follows: a) the facilitative leadership cults to the one employed on public dignity functions, shall receive a monthly allowance referred to in the annex. 1. monthly Allowance is the only form of remuneration for the staff concerned and constitutes the basis for the determination of rights and obligations, which is determined in relation to the salary;
  

b) staff in the religious leadership, other than that referred to in subparagraph (a). the officially supported), the monthly payroll, according to the functions they occupy, at the level of basic salaries for teachers in State preuniversity education, according to assimilations specified in annex No. 2;
  

c) clerical staff working in units of worship supported monthly payroll in the amount of 65% of the basic salaries for teachers in State preuniversity education, according to level of education, seniority and professional degree in clerical activity in the context of cults of Romania, according to assimilations are specified in annex No. 3. (2) the number of posts for clerical staff may be a major annual State budget law.
  

(3) the amount of monthly allowances and support from payroll, which is allocated from the State budget, referred to in paragraph 1. (1) gross amount, and are taxable according to the law.
  


Article 3 (1) Notwithstanding the provisions of article 4. 2 (2). (1) (a). c) clerical staff working in units of low income may qualify for a monthly salary from the rate of 80% of the basic salaries for teachers in State preuniversity education, according to level of education, seniority and professional degree in clerical activity in the context of cults of Romania, according to assimilations are specified in annex No. 3. (2) the criteria according to which religious establishments are considered low income, pursuant to paragraph 1. (1) shall be established through detailed rules for the application of this law *).
  

— — — — — — — — — — * Note *) see Judgment No. 1.070/1999 approving the methodological Norms for the application of the provisions of law No. 142/1999 on State support for the salaries of the clergy, published in the Official Gazette of Romania, part I, no. 655 of 31 December 1999, as amended and supplemented.

(3) clerical Staff can benefit from the provisions of paragraph 1. (1) the percentage of 30% of total clergy stations referred to in the annex. 3, for which support is allocated to pay from the State budget.
  

(4) the number of posts determined according to paragraph 1. (3) will be assigned to cults, in relation to the number of believers, according to the latest census, and with real needs.
  

(5) the Central Units, on the basis of the annual number of posts shall be communicated to the Ministry of culture, religious affairs and national heritage reasoned proposals encompassing nomination of denomination whose clerical staff desired monthly support paragraph. (1) and who meet the conditions and criteria laid down in paragraph 1. (1) and (2).
  

(6) lists of cult whose clerical staff-supported monthly under the conditions para. (1) as well as changing them are established at the initiative of the central units of worship and are approved annually by order of the Minister of culture, religious affairs and national heritage.
  

(7) do not benefit from the provisions of paragraph 1. (1) clerical staff from religious establishments that obtain income from renting, leasing and lease properties.
  


Article 4 conditions for the employment of professional staff clerical grades; 2 (2). (1) (a). c) approved by the Ministry of culture, religious affairs and national heritage, at the initiative of recognized religions.


Article 5 Of the State budget shall be ensured through the budget of the Ministry of culture, religious affairs and national heritage, but the rights set out in the conditions laid down in article 21. 2 and 3, including contributions to State social insurance, health insurance, unemployment insurance and other mandatory contributions as provided by law for the employer.


Article 6 (1) to support the Romanian religious settlements abroad, performing in order to preserve the cultural and linguistic identity, religious of the Romanians abroad, shall be allocated from the State budget, through the central unit in Romania, an amount representing the equivalent in lei of 200,000 euros monthly.
  

(2) the amount referred to in paragraph 1. (1) shall be allocated to the central units of the cults recognized by the budget Ministry of culture, religious affairs and national heritage.
  

(3) the sum referred to in paragraph Destinations. (1) the central units shall be of recognized religions, along with the heads of units abroad, the amount to be used for completing clerical staff salaries of those units, including for the payment of the contributions provided for by the law on State social insurance, health insurance, unemployment insurance, and other mandatory contributions as provided by law for the employer. The obligation to justify the use of this amount shall be the responsibility of the central unit in Romania, by the Ministry of culture, religious affairs and national heritage of the documents provided for by the laws in force.
  


(4) the amount referred to in paragraph 1. (1) equivalent in lei, respectively, may be adjusted annually by the State budget law.
  


Article 7, with effect from the date of entry into force of the present law clerical staff; 2 and 6 no other contributions from the State budget, provided under the Government Ordinance. 4/1993 *) regarding the granting of contributions from the State budget for completion of the remuneration of the staff of the worship of the country and of the personnel of the Orthodox cult forklift operating abroad, approved by law No. 88/1994, as amended, and Ordinance No. 38/1994, on the establishment of some form of financial support for low-income or worship without income and allowances of some hierarchs and the frames of the cults, approved with amendments and completions by law No. 130/1994, as amended.
— — — — — — — — * Note) Order No. 4/1993 has been repealed by order No. 72/2000 concerning the establishment of some form of financial support for low-income or worship without income belonging to religious denominations from Romania, published in the Official Gazette of Romania, part I, no. 407 of 29 august 2000, approved with amendments and completions by law No. 244/2001, published in the Official Gazette of Romania, part I, no. 289 of 1 June 2001.

-Order No. 72/2000 was repealed by Government Ordinance. 82/2001 laying down the forms of financial support for religious establishments belonging to the recognized religious denominations from Romania, published in the Official Gazette of Romania, part I, no. 543 from 1 September 2001, approved with amendments and completions by law No. 125/2002, published in the Official Gazette of Romania, part I, no. 198 of 25 March 2002.


Article 8 clerical Staff employed in budgetary units do not benefit from the provisions of this law, which is paid in accordance with the laws governing the remuneration of staff employed in these units.


Article 9 Rights established according to legal provisions in force shall continue to be granted staff employed under religious law from Romania, for which no provisions of this law are applicable.


Article 10 use of funds allocated from the State budget, according to this law, shall be subject to the control of the Ministry of culture, religious affairs and national heritage and other bodies empowered by law.


Article 11 Appendices. 1-3 are an integral part of this law.


Article 12 the Government will work out detailed rules for the application of the provisions of the present law *), on a proposal from the State Secretariat for religious affairs, in consultation with religious cults.
— — — — — — — — * Note *) see Judgment No. 1.070/1999 approving the methodological Norms for the application of the provisions of law No. 142/1999 on State support for the salaries of the clergy, published in the Official Gazette of Romania, part I, no. 655 of 31 December 1999, as amended and supplemented.


Annex 1 the ALLOWANCES personnel in leadership cults and cult central units, assimilated to the one employed on public dignity functions no.
CRT.


The function of the maximum number of posts monthly Allowance--1.

The Patriarch of the Romanian Orthodox Church 1 8,357 2.


Major Archbishop, Metropolitan Church of Romanian and Romanian Catholic Church 11 7,698 3.


The Archbishop, head of the cult (Metropolitan, Bishop, Rabbi, the Chief Mufti, President, Union President) 16 7,244 4.

Bishop, patriarchal vicar Bishop-39 6,629 5.


Bishop-vicar, Bishop coajutor Bishop, vicar Bishop 26 6,342 Annex 2 the leadership cults and cult units, other than public dignity functions equated Nr.
CRT.







Clerical function number of posts for which there are monthly support from payroll academic Function with which it is treated as 1.





Vice President, administrative vicar patriarchal vicar general, general Secretary, Counsellor, senior Rabbi of the patriarchal 46 Teacher with higher education, with teaching and educational work experience in over 40 years 2.





Patriarchal Secretary, inspector general, vicar, Diocesan vicar Bishop administrative 41 Teacher with higher education, with teaching and work experience in education from 22 to 25 years 3.





The patriarchal Chancellery Secretary, counselor, first Secretary of the Diocesan Diocesan Diocesan inspector, Exarch, Fr. 715 Teacher with higher education, with teaching degree and work experience in teaching between 10 and 14 years of age 4.





Abbot, he was appointed Professor, 466 with higher education, with teaching and educational work experience in between 2 and 6 years clerical Staff Appendix 3 employee recognized denominations in Romania Nr.
CRT.







Clerical function number of posts for which there are monthly payroll support didactic Function to assimilate with a priest, Deacon, pastor, Rabbi, imam, Harbinger, cantor, 15,237 1 worship officiant.


Higher education: 10,957 Teacher higher education 1.1.

degree degree 3,018 I 1.2.

grade II 3,238 degree II 1.3.

definitively definitive 2,440 1.4.

debutant 2,261 debutante 2.



With secondary education: 4,280, educator, Teacher Master Trainer with secondary education 2.1.

663 grade I teacher's degree I 2.2.

degree degree 783 II 2.3.

definitively definitive 1,690 2.4.

debutant award Note: 1,144 monthly Support to personnel clerical is determined, under the present law, the cuts on the work of the clerical, properly with base salaries of teachers as are determined by law on the cuts.
Note: the Below provisions below are not incorporated in the form of law No. republished 142/1999 and applicable in that provision of the acts modifying:-art. The Government Emergency Ordinance nr. 66/2000 for the modification and completion of the law #. 142/1999 on State support for the salaries of the clergy: "Art. II.-the rights referred to in art. 2 (2). (1) (a). c) of law No. 142/1999 on State support for the salaries of the clergy may be entitled from the date of entry into force of this emergency Ordinance, and clerical personnel who entered under the provisions of art. 1 (1). (3) of the same law and which has not benefited from State support for the salaries of the clergy. ";
-art. III of the Government Emergency Ordinance nr. 10/2002 on the amendment of law No. 142/1999 on State support for the salaries of the clergy: "Art. III.-(1) this emergency Ordinance shall apply with effect from 1 March 2002.

(2) on the date specified in paragraph 1. (1) is hereby repealed art. (I) 2 ^ 2 and 2 ^ 3 and art. ^ 1 of the Government Emergency Ordinance nr. 66/2000 for the modification and completion of the law #. 142/1999 on State support for the salaries of the clergy, published in the Official Gazette of Romania, part I, no. 251 of 6 June 2000, as amended by law No. 647/2001, published in the Official Gazette of Romania, part I, no. 21 of January 16, 2002. ";
  

-art. II of law No. 132/2008 modifying and completing law No. 142/1999 on State support for the salaries of the clergy: "Art. II.-within 60 days after the entry into force of this law, the Ministry of culture and religious affairs, in consultation with religious cults, will be subject to approval by a Government), modification and completion of the methodological Norms for the application of the provisions of law No. 142/1999 on State support for the salaries of the clergy, approved by Government decision No. 1.070/1999, published in the Official Gazette of Romania, part I, no. 655 of 31 December 1999. ";
— — — — — — — — * Note) see Judgment No. 1.617/2008 for the modification and completion of the methodological Norms for the application of the provisions of law No. 142/1999 on State support for the salaries of the clergy, which was approved by Government decision No. 1.070/1999, published in the Official Gazette of Romania, part I, no. 843 of 15 December 2008.


-art. The Government Emergency Ordinance nr. 155/2008 modification of law No. 142/1999 on State support for the salaries of the clergy: "Art. II.-This emergency Ordinance shall enter into force with effect from 1 January 2009. "— — — — — —