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Law No. 19 Of March 17, 2000 On The Public System Of Pensions And Other Social Insurance Rights

Original Language Title:  LEGE nr. 19 din 17 martie 2000 privind sistemul public de pensii şi alte drepturi de asigurări sociale

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LEGE no. 19 19 of 17 March 2000 (* updated *) on the public pension system and other social security rights ((updated until 1 April 2010 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 The right to social security is guaranteed by the state and is exercised, under the conditions of this law, through the public pension system and other social security rights, hereinafter referred to as the public system. + Article 2 The public system is organized and operates with basic principles: a) the principle of uniqueness, according to which the State organises and guarantees the public system based on the same rules b) the principle of equality, which ensures all participants in the public system, taxpayers and beneficiaries, a non-discriminatory treatment regarding the rights and obligations provided by law; c) the principle of social solidarity, according to which participants in the public system assume each other obligations and benefit from rights to prevent, limit or eliminate the social risks provided by law; d) the principle of obligation, according to which natural and legal persons have, according to the law, the obligation to participate in the public system, the social security rights exercised correlative with the fulfillment of obligations; e) the principle of contribution, according to which social security funds are constituted on the basis of contributions due by natural and legal persons, participating in the public system, social security rights due on the basis of paid social security contributions; f) the principle of distribution, on the basis of which the funds made are redistributed for the payment of the public system obligations, according to the law g) the principle of autonomy, based on the self-administration of the public system, according to the law. + Article 3 (1) On the basis of this law, within 30 days from the date of its publication in the Official Gazette of Romania, Part I, the National Pension House and Other Social Insurance Rights, hereinafter referred to as abbreviated, CNPAS, are established. (2) Under the CNPAS, county pension houses are established in each county-seat municipality, as well as the Pension House of Bucharest, hereinafter referred to as territorial pension houses. (3) The CNPAS can establish local pension houses, depending on the number, complexity and structure of the insured, which operates under the management and control of the county pension house and the pension house of Bucharest. + Article 4 (1) In the public system are insured, under the conditions of this law, individuals, hereinafter referred to as insured. (2) Insurance may be Romanian citizens, citizens of other states or stateless persons, during the period in which they have, according to the law, their domicile or residence in Romania. (3) The insured persons have the obligation to pay social security contributions and have the right to benefit from social security benefits, according to this law. + Article 5 (1) In the public system, the effect of the law is compulsory: I. persons who carry out activities on the basis of individual employment contract and civil servants; II. persons who operate in elective positions or who are appointed within the executive authority, legislative or judicial, during the term of office, as well as the cooperative members of a craft cooperative organization, whose rights and obligations are assimilated, under the conditions of this law, with the persons referred to in item I; III. persons who benefit from monthly money rights, which are borne from the unemployment insurance budget, under the law, hereinafter referred to as unemployed; IV. persons who are in one of the following situations: ------------ The introductory part of section IV of para. ((1) of art. 5 5 has been amended by section 4.2 1 1 of art. I of LAW no. 250 250 of 19 July 2007 , published in MONITORUL OFFICIAL no. 486 486 of 19 July 2007. a) single associate, associates, commanders or shareholders; b) administrators or managers who have concluded a management or management contract; c) members of the family association; d) persons authorized to carry out independent activities; e) persons employed in international institutions, if they are not insured persons; f) other persons who make income from professional activities; V. Persons found in two or more situations referred to in point IV. ------------- Pct. V al para. ((1) of art. 5 5 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This amendment shall apply from 1 January 2008. (2) They can be provided in the public system, on the basis of social insurance contract, under the conditions of this law, the persons found in the situations provided in par. (1) and who wish to complete their insured income, as well as persons who are not found in the situations provided in par. ((1). ------------- Alin. ((2) of art. 5 5 has been amended by section 2 2 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This amendment shall apply from 1 January 2008. (3) The average gross salary is the one used to substantiate the state social insurance budget and approved by the state social insurance budget law. ------------- Article 5 has been amended by section 6.6. 1 1 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. + Article 6 (1) The legal or natural persons to whom the insured insured in art. 5 5 para. ((1) pt. I and II, hereinafter referred to as employers, as well as the institutions that make the payment of unemployment rights for the unemployed referred to in art. 5 5 para. ((1) pt. III are obliged to submit every month, at the deadline set by the CNPAS, the declaration on the nominal record of insured persons and payment obligations to the state social insurance budget. The declaration is submitted to the territorial pension house within which the employer's headquarters are located. ------------ Alin. ((1) of art. 6 6 has been amended by section 2 2 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. ((1 ^ 1) Abrogat. ------------ Alin. ((1 ^ 1) of art. 6 6 has been repealed by section 6.6. 3 3 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This repeal shall apply from 1 January 2008. (2) If errors are found in the statements provided in par. ((1), regardless of the reasons that caused their production, and/or changes to the data on the basis of which the contribution period and the average annual score of the insured, the legal or physical persons referred to in par. (1) have the obligation to submit an amending declaration on the nominal record of insured persons and payment obligations to the state social insurance budget at the territorial pension house where the declaration they modify has been submitted. ------------ Alin. ((2) of art. 6 6 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This amendment shall apply from 1 January 2008. (3) The declaration provided in par. ((1) and the amending declaration provided in par. (2) have the legal regime of a self-declaration. ------------ Alin. ((3) of art. 6 6 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This amendment shall apply from 1 January 2008. ((4) Abrogat. ------------- Alin. ((4) of art. 6 6 has been repealed by section 6.6. 2 2 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. + Article 6 ^ 1 (1) Persons referred to in art. 5 5 para. ((1) pt. IV and V who are at least 18 years of age are required to make sure on the basis of the insurance declaration. The insurance declaration shall be submitted within 30 days from the date of employment in that situation at the territorial pension house within the home or residence radius. The insured monthly income is the one established by the insurance statement. (2) It is exempted from the obligation to submit the insurance declaration the persons referred to in art. 5 5 para. ((1) pt. IV and V, if they benefit from one of the pension categories provided by this law or if they are found in the situations provided in art. 5 5 para. ((1) pt. I, II and III. (3) The social insurance contract provided for in art. 5 5 para. ((2) shall be concluded between the person concerned or, as the case may be, the trustee appointed by special power of attorney and the territorial pension house within the home or residence of the person concerned. (4) The social insurance contract shall be concluded in written form and shall take effect from the date of its registration at the territorial pension house. ((5) The insured income entered in the declaration or the social insurance contract may be modified by submitting a communication amending the insurance declaration or, as the case may be, by concluding an addendum to the social insurance contract. (6) The declaration and the social insurance contract constitute debt securities and become enforceable securities on the date on which the budgetary claim is due according to the law. ------------ Art. 6 ^ 1 was introduced by item 1. 5 5 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This supplement shall apply from 1 January 2008. + Article 7 *) (1) In the public system social security benefits represent replacement income for the total or partial loss of insured income, as a result of old age, disability or death. ------------ Alin. ((1) of art. 7 7 has been amended by section 6 6 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This amendment shall apply from 1 January 2008. (2) Social insurance benefits are granted in the form of pensions, aid and other types of benefits provided by this law. ------------ Alin. ((2) of art. 7 7 has been amended by section 6 6 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This amendment shall apply from 1 January 2008. ((3) Abrogat. ------------ Alin. ((3) of art. 7 7 has been repealed by section 6.6. 7 7 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This repeal shall apply from 1 January 2008. *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowance for temporary incapacity for work, leave and allowances for the prevention of illnesses and recovery of work capacity, maternity leave and allowance, leave and sick child care allowance, contained in art. 7 7 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 8 (1) It constitutes a contribution period during which the persons paid social security contributions in the Romanian public system, as well as in other countries, under the conditions established by the international agreements or conventions to which Romania is Part. (2) The social security rights due in the Romanian public system can be transferred to the countries where the insured persons establish their domicile or residence, under the conditions regulated by international agreements and conventions to which Romania is Part. (3) Social insurance prestations related to the rights provided in par. ((2) may be transferred to other countries, under the conditions regulated by international agreements and conventions to which Romania is a party, in the currency of the respective countries or in another currency on which it was agreed. + Article 9 ((1) The records of social security rights and obligations in the public system are based on the personal social security code, which is the personal numerical code. (2) Updated civil status data for all Romanian citizens, citizens of the European Union and member states of the European Economic Area and foreigners who have registered residence/stay in Romania, as well as of persons for whom The CNPAS prepares payment documentation and/or makes the payment of social benefits will be provided to it, free of charge, by the Ministry of Administration and Interior, through the National Center for the Administration of Database on Records of Persons or through the Romanian Immigration Office, as the case may be. ------------- Alin. ((2) art. 9 9 was amended by the single article of LAW no. 39 39 of 13 March 2009 , published in MONITORUL OFFICIAL no. 168 168 of 18 March 2009 amending section 1 1 of the single article of EMERGENCY ORDINANCE no. 83 83 of 24 June 2008 , published in MONITORUL OFFICIAL no. 471 471 of 26 June 2008. (3) The data provided in par. (2) will be provided free of charge, at the request of the CNPAS, and by any other authority, public institution or other institution that holds such information. ------------- Alin. ((3) of art. 9 9 has been introduced by section 2 2 of the single article of EMERGENCY ORDINANCE no. 83 83 of 24 June 2008 , published in MONITORUL OFFICIAL no. 471 471 of 26 June 2008. (4) The content, modalities and deadlines for transmitting the information provided in par. (2) shall be established by protocols concluded between the CNPAS and the National Center for the Administration of Database on the Records of Persons or the Romanian Office for Immigration, as the case may be, as well as between the CNPAS and the entities provided in par. ((3). ------------- Alin. ((4) of art. 9 9 has been introduced by section 2 2 of the single article of EMERGENCY ORDINANCE no. 83 83 of 24 June 2008 , published in MONITORUL OFFICIAL no. 471 471 of 26 June 2008. ------------- Art. 9 [initially with para. ((1) and para. ((2) has been amended by section 4.2. 2 2 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , OFFICIAL MONITOR no. 161 161 of 30 March 2001, with point 6 6 ^ 1. + Article 10 Repealed. ------------ Article 10 has been repealed by point (a) 8 8 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This repeal shall apply from 1 January 2008. + Chapter II State social insurance budget + Article 11 (1) The state social insurance budget includes the revenues and expenses of the public system. (2) The Government shall develop annually, on the basis of the CNPAS proposals, the draft state social insurance budget, which it submits for approval to Parliament (3) If the state social insurance budget law has not been adopted at least 3 days before the expiry of the budget year, the state social insurance budget shall continue to be applied for the previous year until the adoption of the new budget. + Article 12 The revenues of the state social insurance budget come from: a) social security contributions, interest, increases for late payment of contributions, as well as from other incomes, according to the law; b) amounts allocated from the state budget for balancing the state social insurance budget, which is approved by the annual budgetary laws. ------------ Letter b) of art. 12 12 has been amended by section 4.2 1 1 of art. I of EMERGENCY ORDINANCE no. 209 209 of 4 December 2008 , published in MONITORUL OFFICIAL no. 826 826 of 9 December 2008. ------------ Article 12 has been amended by section 4.2. 1 1 of art. I of LAW no. 218 218 of 27 October 2008 , published in MONITORUL OFFICIAL no. 738 738 of 31 October 2008. + Article 13 ((1) The expenses of the state social insurance budget cover the value of social security benefits in the public system, expenses related to the organization and functioning of the public system, financing of own investments, other expenses provided by law. (2) From the income of the state social insurance budget, it is annually taken up to 3% for the establishment of a reserve fund. (3) The cumulative reserve fund may not exceed the level of expenditure provided for that budget year. (4) The reserve fund shall be used to cover social security benefits in duly motivated situations or other public system expenditures, approved by the state social insurance budget law. + Article 13 ^ 1 (1) Until July 1, 2008, the National Agency for Fiscal Administration, hereinafter referred to as ANAF, and the CNPAS ensure the correlation of their own databases for the correct and unitary record of the rights and obligations of the participants to the public pension system, as well as to the privately managed pension fund system. ((2) The territorial pension houses and the fiscal bodies subordinated to ANAF must transmit to each other the information regarding the amounts representing the social security contribution, declared and paid by employers, respectively. (3) Territorial pension houses and fiscal bodies subordinated to ANAF, based on the information provided in par. (4), identifies the situations in which employers did not comply with the legal provisions on the declaration and payment of social insurance contributions, having the measures provided by law. (4) The institutions provided in par. ((3) grant each other and free of charge access to information relating to the declaration and payment of social security contributions from the databases they have under management. (5) Annually, after the submission of the financial statements, respectively of the fiscal statements, the territorial fiscal bodies of the Ministry of Economy and Finance *) transmit to the territorial pension houses the situation of the persons who were in the situations provided in art. 5 5 para. ((1) pt. IV. ------------ Article 13 ^ 1 was introduced by item 1. 9 9 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This supplement shall apply from 1 January 2008. + Article 14 (1) The annual accounts of the state social insurance budget may be used in the following year, according to the destinations approved by law, after the return of transfers received from the state budget. (2) The reserve fund shall be carried over to the following year and shall be completed according to the provisions of 13 13 para. ((2) and (3). (3) The current deficit of the state social insurance budget shall be covered by the availability of the state social insurance budget of the previous years and, hereinafter, from the reserve fund. + Article 15 The money availability of state social insurance is interest-bearing; the level of interest is established by conventions concluded by the CNPAS with the treasury of the state or with banks. + Article 16 Exceptionally, in reasoned situations, in order to cover the deficit of the state social insurance budget, after the exhaustion of the reserve fund, the income of the state social insurance budget is completed with amounts that are allocated from the budget of stat. + Article 17 (1) In the public system, on the territory of Romania, social security contributions and benefits shall be paid in lei. (2) For salary rights or for insured income, established in the currency of other countries on the territory of Romania, contributions shall be paid in lei at the exchange rate communicated by the National Bank of Romania from the date set for payment these rights. ------------ Alin. ((2) of art. 17 17 has been amended by section 7 7 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Chapter III Social security contribution + Article 18 (. In the public system shall be taxpayers, as appropriate: a) insured persons who owe individual social security contributions; b) employers; c) the legal entities to which the insured persons referred to in art. 5 5 para. ((1) pt. II, assimilated to the employer under the present law; d) National Employment Agency administering the unemployment insurance budget; e) persons referred to in art. 5 5 para. ((2) concluding a social insurance contract. ------------- Alin. ((1) of art. 18 18 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. (2) The shares of social security contributions are differentiated according to normal, special or special working conditions *). (3) The shares of social security contributions are approved annually by the state social insurance budget law *). + Article 19 (1) For the purposes of this law, jobs under special conditions represent those places that, on a permanent basis or in certain periods, may essentially affect the work capacity of insured persons due to the high degree of risk exposure. (2) The criteria and methodology of employment under special conditions shall be established by Government decision, based on the joint proposal of the Ministry of Labour, Family and Social Protection *) and the Ministry of Health *). ------------ Alin. ((2) of art. 19 19 has been amended by section 84 84 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 of March 30, 2001, by replacing the name Ministry of Health with the name Ministry of Health and Family. (3) Government Decision provided in par. (2) shall be adopted within 3 months from the publication of the present law in the Official Gazette of Romania, Part I. (4) The jobs under special conditions shall be established by the collective agreement or, if no collective agreements are concluded, by the decision of the legal governing body constituted, in compliance with the criteria and methodology of the framing provided in par. ((2). (5) The opinion of the territorial labour inspectorate is mandatory for employment under special conditions. + Article 20 (1) For the purposes of this law, the jobs under special conditions are those of: a) the mining units, for the personnel operating underground at least 50% of the normal working time in that month; b) activities of research, exploration, exploitation or processing of nuclear raw materials, zones I and II of radiation exposure; c) civil aviation, for the aircrew referred to in Annex no. 1 1; d) artistic activity carried out in the professions set out in Annex no. 2. (2) Other jobs under special conditions than those provided in par. (1) may be established by law only. (3) The methodology and criteria for the employment of persons in special conditions will be determined by Government decision, based on the joint proposal of the Ministry of Labour, Family and Social Protection *) and the Ministry of Health *), in follow the CNPAS consultation. -------------- Article 20 has been amended by point 3 3 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 446 of 25 June 2002, amending section 8 8 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , OFFICIAL MONITOR no. 161 161 of 30 March 2001. + Article 21 (1) The social security contribution is due from the moment of framing in one of the situations provided in art. 5 5 para. ((1) or from the date of conclusion of the social insurance contract. (2) The individual contribution of social insurance is due to the insured provided in art. 5 5 para. ((1) pt. I and II, and the share of the individual social insurance contribution is established by the state social insurance budget law *). (3) The contribution of social security due by employers is the difference between the level of the differentiated social security contribution rates, depending on the working conditions, by the annual law of the social security budget of state, and the level of share of individual social insurance contribution. (4) Insurance referred to in art. 5 5 para. ((1) pt. IV and V and para. ((2) fully owe the share of social security contribution corresponding to the working conditions in which it operates. (5) The social security contribution for the unemployed shall be borne in full from the unemployment insurance budget at the level of the quota established for normal working conditions, with the exception of compensatory payments and completion income granted employees of the defense industry, during the period of temporary reduction of activity. (6) The social security contribution for persons benefiting from compensatory payments shall be borne from the unemployment insurance budget at the level of the share of the individual social security contribution. (8) The social security contribution due by the taxpayers referred to in art. 18 18 para. ((1) shall not be taxed. ---------------- Article 21 has been amended by point 5 5 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. + Article 22 (1) The calculation and payment of the social security contribution due by the insured provided in art. 5 5 para. ((1) pt. I and II and their employers are made monthly by employers. ((2) The calculation and payment of the social security contribution for the unemployed shall be made monthly by the institution administering the unemployment insurance budget. ((3) Payment of the social security contribution due by the insured persons referred to in art. 5 5 para. ((1) pt. IV and V and para. (2) shall be made monthly by them, based on the calculation carried out and communicated by the territorial pension houses to which they are insured. (4) Payment of the social security contribution, in the case of insured persons referred to in art. 5 5 para. ((2), may be made and anticipated, for a period of no more than 12 months, calculated from the date on which the payment is made. In these situations the contribution period is appropriate to the time actually taken within the period for which the payment was made. ---------------- Article 22 has been amended by section 6 6 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. + Article 23 (1) The monthly basis for calculating the individual social insurance contribution in the case of insured persons is: a) gross income made monthly, in the situation of insured persons referred to in art. 5 5 para. ((1) pt. I and II; b) the monthly income insured, entered in the declaration or in the social insurance contract, in the case of insured persons referred to in art. 5 5 para. ((1) pt. IV and V and para. ((2); c) the minimum gross basic salary per country guaranteed in payment, in the case of health insurance benefits, corresponding to the number of working days of sick leave, except in cases of work accident or occupational disease. ------------ Alin. ((1) of art. 23 23 has been amended by section 10 10 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This amendment shall apply from 1 January 2008. (2) The monthly basis for calculating the individual social insurance contribution for Romanian personnel sent on a permanent mission abroad by legal entities in Romania is the monthly gross salary in lei, corresponding to the position in which the person that is classified in the country, including bonuses and other additions that are granted according to the law. ((3) Abrogat. ------------ Alin. ((3) of art. 23 23 has been repealed by section 6.6. 11 11 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This repeal shall apply from 1 January 2008. (4) The average gross salary is the one provided in art. 5 5 para. ((3). ---------------- Article 23 has been amended by section 6.6. 7 7 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. + Article 24 *) (1) The monthly basis for the calculation of the social security contribution due by the employer is the amount of income that constitutes the basis for the calculation of the individual social insurance contribution according to art. 23 23 para. ((1). ------------ Alin. ((1) of art. 24 24 has been amended by section 12 12 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This amendment shall apply from 1 January 2008. (2) The monthly calculation basis, to which the legal person in Romania owes the social security contribution for the Romanian personnel sent on a permanent mission abroad, is the total salary fund resulting from the summation of gross salaries individual to which the social insurance contribution was calculated, according to the provisions of art. 23 23 para. ((2). ((3) Abrogat. ------------ Alin. ((3) of art. 24 24 has been repealed by section 6.6. 13 13 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This repeal shall apply from 1 January 2008. ((4) Abrogat. ------------ Alin. ((4) of art. 24 24 has been repealed by section 6.6. 13 13 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This repeal shall apply from 1 January 2008. (5) In the case of employers who owe contribution to the gross incomes made monthly under different working conditions, the basis of calculation to which the social security contribution corresponding to each working condition is due is the amount gross proceeds made in each of these conditions. ------------ Alin. ((5) of art. 24 24 has been amended by section 14 14 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This amendment shall apply from 1 January 2008. + Article 25 The monthly basis for calculating the social security contribution for the unemployed is the amount of monthly money rights that are borne from the budget of the Fund for the payment of unemployment benefits. ----------- Article 25 has been amended by section 6.6. 13 13 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 of 30 March 2001. for the payment of unemployment benefits. + Article 26 (. The social security contribution shall not be due to the amounts of: a) benefits incurred from the state social insurance budget, including those granted for accidents at work and occupational diseases; b) travel and delegation allowances, delegation, posting and transfer allowances, copyright, as well as income received on the basis of civil conventions or collaboration contracts; c) employee participation in profit. d) meeting allowance for local and county councillors. ------------- Letter d) a par. ((1) art. 26 26 was introduced by section 4.2. 1 1 of the single article of LAW no. 209 209 of 2 June 2009 , published in MONITORUL OFFICIAL no. 385 385 of 9 June 2009. ((2) The amounts on which the social security contribution is not due, provided in par. ((1) lit. b)-d), do not take into account the establishment of benefits from the public pension system. ------------- Alin. ((2) art. 26 26 has been amended by section 2 2 of the single article of LAW no. 209 209 of 2 June 2009 , published in MONITORUL OFFICIAL no. 385 385 of 9 June 2009. ------------- Article 26 has been amended by section 6.6. 1 1 of the single article of LAW no. 200 200 of 21 October 2008 , published in MONITORUL OFFICIAL no. 725 725 of 27 October 2008, amending section 15 15 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. + Article 27 *) (1) The amounts representing social security benefits, which are paid by the employer to the insured, according to the provisions of this law, in the account of social insurance, shall be retained by him from the social security contributions due for the month That. ((2) The amounts representing social security benefits paid by the employer to the insured, according to the provisions of this law, which exceed the amount of contributions due by him in that month, shall be recovered from the social security account from the territorial pension house within which its seat is located. ---------- *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowance for temporary incapacity for work, leave and allowances for the prevention of illnesses and recovery of work capacity, maternity leave and allowance, leave and sick child care allowance, contained in art. 27 27 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 28 (1) Individual social insurance contribution due by insured persons referred to in art. 5 5 para. ((1) pt. I and II shall be fully retained from the income that constitutes, according to art. 23 23 para. ((1), the basis of calculation and/or, as the case may be, the amount of the health insurance allowance. ------------ Alin. ((1) of art. 28 28 has been amended by section 16 16 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This amendment shall apply from 1 January 2008. (2) The employer calculates and veers monthly, at the territorial pension house within which its seat is located, the social security contribution it owes to the state social insurance budget together with the individual contributions retained from the insured. ------------ Alin. ((2) of art. 28 28 has been amended by section 16 16 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This amendment shall apply from 1 January 2008. ((3) If the monthly contribution of social security paid by taxpayers is higher than the contribution due, the amount paid in addition shall be subsequently regularized, according to the procedures established by the CNPAS. ((4) From the start of the collection activity for the privately managed pension fund system the contribution to the pension fund, which is part of the individual social insurance contribution due to the public pension system, shall be veers by the CNPAS private managed pension funds. ------------ Alin. ((4) of art. 28 28 has been introduced by section 17 17 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This supplement shall apply from 1 January 2008. ((5) Monthly, no later than the 20th of the month following that in which the payers submitted the declaration on nominal record and payment obligations to the state social insurance budget, the accounting institution provided by the law shall transmit to each administrator the nominal list of transfers of the amounts to the pension fund that it administers. ------------ Alin. ((5) of art. 28 28 has been introduced by section 17 17 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This supplement shall apply from 1 January 2008. ((6) Monthly, no later than the 20th of the month following that in which the employer submitted the declaration on nominal record and payment obligations to the state social insurance budget, the institution of record provided by law veers to each privately managed pension fund, from the state social insurance budget, the amount representing the individual contributions due to these funds. ------------ Alin. ((6) of art. 28 28 has been introduced by section 17 17 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This supplement shall apply from 1 January 2008. (7) CNPAS transmits to ANAF information on the amounts that have been transferred to privately managed pension funds, on each employer, in order to execute budgetary claims, according to the law. ------------ Alin. ((7) of art. 28 28 has been introduced by section 17 17 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This supplement shall apply from 1 January 2008. + Article 29 The payment terms of the social security contribution are: a) the date set for the payment of the current month's salary rights, in the case of employers who make the payment of monthly salary rights, but no later than the 20th of the month following that for which the payment is due; b) the date fixed for the payment of the 2nd Chenzina, in the case of employers who make the payment of the chenzinal salary rights, but no later than the 20th of the month following that for which the payment is due; c) until the end of the month for the current month, in the case of insured persons referred to in art. 5 5 para. ((1) pt. IV and V and para. ((2); d) until the 20th of the month following the month for which the payment of the rights to be borne from the unemployment insurance budget is made, in the case of insured persons referred to in art. 5 5 para. ((1) pt. III. -------------- Article 29 has been amended by section 6.6. 11 11 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. + Article 30 (1) Employers, regardless of the form of ownership, will deposit in the bank, once with the documentation for the payment of salaries and other income of the insured, and the documents for the payment of contributions due to the state social insurance budget, payments being made simultaneously, under bank control. (2) In case of term non-payment, according to the law, of the contributions due to the state social insurance budget, the territorial pension houses will proceed to the application of the enforcement measures for the collection of the due amounts, according to legal provisions on the enforcement of budgetary receivables. *) + Article 31 (1) Failure to pay the social security contribution at the time limits provided in art. 29 29 generates payment of increases *) calculated for each day of delay, until the date of payment of the amount due inclusive. -------------- Alin. ((1) of art. 31 was amended by para. ((2) art. IV of LAW no. 210 210 of 4 July 2005 , published in MONITORUL OFFICIAL no. 580 580 of 5 July 2005. (2) Share of late increases *), provided in par. ((1), shall be established according to the regulations on the execution of -------------- Alin. ((2) of art. 31 was amended by para. ((2) art. IV of LAW no. 210 210 of 4 July 2005 , published in MONITORUL OFFICIAL no. 580 580 of 5 July 2005. ((3) The amounts representing the late increases *) are made income to the state social insurance budget. -------------- Alin. ((3) of art. 31 was amended by para. ((2) art. IV of LAW no. 210 210 of 4 July 2005 , published in MONITORUL OFFICIAL no. 580 580 of 5 July 2005. (4) The calculation of the delay increases *), the bookkeeping and the tracking of their payment shall be made by the employer or, as the case may be, by the institution making the payment of unemployment benefits. -------------- Alin. ((4) of art. 31 was amended by para. ((2) art. IV of LAW no. 210 210 of 4 July 2005 , published in MONITORUL OFFICIAL no. 580 580 of 5 July 2005. (5) The calculation of the delay increases * *) for insured persons with declaration or insurance contract shall be carried out, as the case may be, by them or by the territorial pension houses. -------------- (6) The non-maintenance and non-burning by employers of the individual social insurance contribution, provided in art. 21 21 para. ((2) and in art. 22 22 para. (1), constitutes a stop at the source and generates the payment of penalties, according to the legal regulations in force. ----------- Alin. ((6) art. 31 31 has been introduced by section 8 8 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 15 15 ^ 1. (7) The amounts representing penalties are made to the state social insurance budget. ----------- Alin. ((7) art. 31 31 has been introduced by section 8 8 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 15 15 ^ 1. (8) The provisions of this Law, regarding the non-payment of the social security contribution, shall be supplemented by the legal provisions on the execution of ----------- Alin. ((8) art. 31 31 has been introduced by section 8 8 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 15 15 ^ 1. + Article 32 In the case of administrative liquidation or bankruptcy of the employer, the amounts due to this state social insurance budget will be recovered according to the procedure provided by law. + Article 33 ((1) The periods in which insured persons on the basis of declaration or insurance contract have not paid the social security contribution due shall not be used to establish pensions until its payment, including interest and penalties. Related. (2) Insurance provided in art. 5 5 para. ((1) pt. IV and V that provide proof that in the previous fiscal year they did not realize income does not owe social insurance contribution for that period. (3) If the insured persons in the situation referred to in par. (2) have paid the social security contribution, it shall not be returned and the contribution period made shall be used to establish social security benefits. ------------ Article 33 has been amended by section 6.6. 18 18 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This amendment shall apply from 1 January 2008. + Article 34 Insured persons who prove that they no longer find themselves in the situations for which insurance is mandatory, according to art. 5 5 para. ((1) pt. IV and V, must submit to the territorial pension houses, within 30 days of the change of the situation, the form-type withdrawal of the insurance declaration. + Article 35 *) (1) The insurance contract may be terminated at the initiative of any of the parties, according to the clauses provided for in the contract. (2) In the case of termination of the insurance contract, the paid social insurance contributions shall not be returned and the contribution period realized shall be capitalized on the establishment of the pension right. (3) The quality of insurance shall be reacquired after the conclusion of a new insurance contract. ((4) Abrogat. ------------ Alin. ((4) of art. 35 35 has been repealed by section 6.6. 19 19 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This repeal shall apply from 1 January 2008. *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowance for temporary incapacity for work, leave and allowances for the prevention of illnesses and recovery of work capacity, maternity leave and allowance, leave and sick child care allowance, contained in art. 35 35 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 36 (1) The collection and record of social security contributions shall be ensured through the territorial pension houses, based on the personal social insurance code. (2) The preservation and record of data on social security contributions, on each insured, is carried out by the territorial pension houses and by the CNPAS. (3) From the date of entry into force of this law the social security contributions, collected through the territorial pension houses, will be allocated to the month for which the payment was made. (4) The debits to the state social insurance budget, corresponding to the periods prior to the entry into force of this law, will be distinctly pursued, according to the regulations on the execution of budgetary claims + Article 37 (1) In the public system the contribution period is constituted from the summation of the periods for which the contribution to the state social insurance budget was due by the employer and insured or, as the case may be, was due and paid by the insured referred to in art. 5 5 para. ((1) pt. IV and V and para. ((2). (2) The contribution period corresponding to the social security contribution due under the conditions of art. 21 21 para. ((6) is determined by applying to the contribution period of the ratio between the share of individual social insurance contribution and the share of social security contribution approved for jobs under normal conditions. ------------ Alin. ((2) of art. 37 37 has been amended by section 12 12 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. ------------ Article 37 has been amended by section 6.6. 9 9 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 446 of 25 June 2002, amending section 16 16 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 38 (. In the public system shall be assimilated to the contribution period and non-contributory periods, hereinafter referred to as assimilated periods, in which the insured: a) has benefited or benefits from social security rights, except for those provided in art. 40 lit. a)-c) and e); b) attended the day courses of university education, organized according to the law, during the normal duration of the respective studies, provided they graduate; c) satisfied the military service that military in term or military with reduced term, for the established legal duration, was concentrated, mobilized or in prisoner. (2) Insurance that have graduated several higher education institutions, according to the provisions of par. ((1) lit. b), benefit from assimilation, as a contribution period, of a single period of studies, of choice. (3) Persons referred to in par. (1) benefit from assimilated periods, if during these periods they did not realize the contribution internships under the conditions of this law. (4) The assimilated periods provided in par. (1) shall be used to obtain the social security benefits provided for by this Law. (5) It is exempted from the provisions of par. (4) the early pension and the partial early pension, in the case of which the assimilated periods provided in par. ((1) lit. b) and c), as well as the periods in which disability pension was received. ------------- Article 38 has been amended by section 6.6. 10 10 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 446 of 25 June 2002, amending section 18 18 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 39 (1) The contribution period shall be certified to the insured annually, ex officio, by the CNPAS, through the territorial pension houses. (2) The contribution period is also certified at the request of the insured, for a fee, at any time during the year. The tariff of that service is established annually by the CNPAS + Chapter IV Pensions + Article 40 The following categories of pensions are granted in the public system: a) the old-age pension; b) early pension; c) partial early pension; d) invalidity pension; e) survivor's pension. + Section 1 Pension for the age limit + Article 41 (1) The old-age pension is granted to insured persons who meet, cumulatively, at the time of retirement, the conditions regarding the standard retirement age and the minimum contribution period realized in the public system. (2) The standard retirement age is 60 years for women and 65 years for men. Reaching the standard retirement age will be achieved within 13 years from the date of entry into force of this law, by raising the retirement ages, starting at 57 for women and from 62 for men, according to the report. the instalments set out in Annex no. 3. (3) The minimum contribution period for both women and men is 15 years. The increase of the minimum contribution period from 10 years to 15 years will be carried out within 13 years from the date of entry into force of this Law, according to the staggered set out in Annex no. 3. (4) The complete contribution period is 30 years for women and 35 years for men. The achievement of the full contribution period will be carried out within 13 years from the date of entry into force of this law, by increasing it, starting from 25 years for women and from 30 years for men, according to the staggered in Annex no. 3. ((5) Insured who meet the conditions laid down by this law for obtaining an old-age pension, except for early pension and partial early pension, can continue their activity only with the employer's consent, in the law. --------------- Alin. ((5) of art. 41 41 has been amended by section 1 1 of art. I of LAW no. 49 49 of 19 March 2010 , published in MONITORUL OFFICIAL no. 195 195 of 29 March 2010. (6) In the case of insured persons who have applied for retirement, their employers may not order the termination of employment, service or cooperative membership, as the case may be, for retirement, than after receiving the decision of admission of the application for retirement. --------------- Alin. ((6) art. 41 41 has been introduced by section 11 11 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 18 18 ^ 2. + Article 42 (1) The insured persons who have completed the full contribution period and who have carried out their activity totally or partially under special working conditions are entitled to an old-age pension, with the reduction of the standard retirement ages according to the table No. 1 1 *). ------------- Alin. ((1) of art. 42 42 has been amended by section 19 19 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. (2) Low retirement ages, according to the provisions of par. ((1), may not be less than 50 years for women and 55 years for men. + Article 43 (1) Insurance that have carried out their activity in the jobs provided for in art. 20 lit. a) and who have completed a contribution period of at least 20 years in these conditions benefit from the age pension from the age of 45. -------------- Alin. ((1) art. 43 is reproduced in the form previously had EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 ,, due to repeal of section 20 20 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001 by point 12 12 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 446 of 25 June 2002. (2) Insurance that have carried out their activity in the jobs provided for in art. 20 lit. c) and d) and who have completed a contribution period of at least 25 years benefit from old-age pension, with the reduction of the standard retirement ages by 15 years. ------------ Alin. ((2) art. 43 43 has been amended by section 13 13 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 20 20 ^ 1. (3) Insurance that have carried out their activity in the jobs provided for in art. 20 lit. b) and who have completed a contribution period of at least 15 years in the area I of radiation exposure or 17 years in the area II of radiation exposure benefit from old-age pension, regardless of age. ------------ Alin. ((3) art. 43 43 has been amended by section 13 13 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 20 20 ^ 1. (4) The criteria for the classification of research, exploration, exploitation or processing of nuclear raw materials in areas I and II of radiation exposure shall be established by Government Decision, at the proposal of the Ministry of Labour, Family and Social Protection *) and the Ministry of Health *), following the consultation of the National Commission for the Control of Nuclear Activities, within 3 months from the date of entry into force of this Law. ------------- Alin. ((4) art. 43 43 has been amended by section 14 14 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 446 of 25 June 2002, amending section 21 art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 44 Insured persons referred to in art. 20 lit. a), c) and d), which have achieved contribution internships lower than those provided in par. ((1) and (2) of art. 43, benefit from the old-age pension, with the proportional reduction of the standard retirement ages, in the conditions of achieving the necessary total contribution internships, according to the provisions contained in Annexes no. 4 4 and 5. ----------- Article 44 has been amended by section 44. 15 15 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 446 of 25 June 2002, amending section 22 22 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 45 Civil aviation aircrew shall benefit from the provisions of art. 43 43 para. ((2) and art. 44, under the conditions of achieving a minimum number of flight hours, jumps, respectively starts, approved by Government decision, at the proposal of the Ministry of Labour, Family and Social Protection *), the Ministry of Health *) and the Ministry of Development Regional and Housing *), following consultation with the CNPAS. The Government Decision will be adopted within 3 months from the date of entry into force of this Law. ----------- Article 45 has been amended by section 6.6. 16 16 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 22 22 ^ 1. + Article 46 Insured persons who have achieved contribution internships both under special conditions and in special working conditions benefit, cumulatively, from the reduction of the standard retirement ages, corresponding to each situation, without this reduction being exceed 12 years. + Article 47 1) The insured persons who have completed a contribution period under conditions of disability preexisting quality of insured, depending on the degree of disability, benefit from the reduction of the contribution internships and the standard retirement ages provided in Annex No 3 3, as follows: a) by 15 years, the reduction of the standard retirement age, if they have achieved at least one third of the full contribution period, for those with serious disabilities; b) by 10 years, the reduction of the standard retirement age, if they have achieved at least two thirds of the full contribution period, for those with increased disabilities; c) by 10 years, the reduction of the standard retirement age, if they have achieved the full contribution period, for those with an average disability. (2) Unblind insured persons benefit from old-age pension, regardless of age, if they have realized as blind at least one third of the full contribution period provided by law. + Article 48 It benefits from the reduction of the standard retirement age by 6 months for each year of deprivation of liberty, deportation abroad after August 23, 1944 and/or prisoner insured with the full contribution period, to which they were established. rights of seniority under the conditions laid down in art. 1 1 para. ((1) lit. a), b) and c) and para. ((2) of Decree-Law no. 118/1990 on the granting of rights to persecuted persons for political reasons of dictatorship established with effect from March 6, 1945, as well as those deported abroad or constituted in prisoners, republished, as amended. + Article 48 ^ 1 (1) Insurance that have carried out the contribution internships in one or more of the following situations: under special working conditions, under special working conditions, under the conditions provided in art. 47 and 48, as well as under the conditions provided by special laws, benefit cumulatively from reducing the standard retirement age. (2) Retirement age reduced according to par. (1) may not be less than the ages provided in art. 42 42, art. 43 43 para. ((1) or than the age resulting from the application of the maximum reduction provided for in art. 43 43 para. ((2), art. 46 46 and art. 47 47 para. ((1), respectively, than the maximum 10-year reductions provided for in Annexes no. 4 4 and 5, as appropriate. (3) Insurance that have carried out the contribution internships under normal working conditions, as well as under the conditions provided by special laws or, as the case may be, under the conditions provided in art. 48 benefits from reducing the standard retirement age up to 50 years for women, respectively up to 55 years for men. ------------ Article 48 ^ 1 has been amended by section 4.2. 17 17 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 446 of 25 June 2002, amending section 23 23 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 48 ^ 2 (1) The women who have completed the full contribution period and who have given birth to at least 3 children and raised them up to the age of 10 shall benefit from the reduction of the standard retirement age as follows: a) with one year-for 3 children; b) by two years-for 4 or more children. (2) Reducing the age provided in par. ((1) may not be cumulated with another reduction provided for by this law or by special laws. Retirement age reduced according to par. ((1) may not be less than 55 years. ------------ Article 48 ^ 2 was introduced by the section 17 17 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 446 of 25 June 2002, amending section 23 23 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Section 2 Early pension + Article 49 ((1) Insurance that have exceeded the full contribution period by at least 10 years may apply for an early pension no later than 5 years before the standard retirement ages. (2) When establishing the contribution period for the granting of the early pension, the assimilated periods provided for in art. 38 38 para. ((1) lit. b) and c), as well as the periods in which the insured has benefited from invalidity pension. (3) The amount of the anticipated pension shall be determined under the same conditions as that of the old-age pension. (4) As of 1 January 2011, at the end of the standard retirement ages provided for by this Law, the early pension shall become an old-age pension and shall be recalculated by the addition of the assimilated periods and possible internships. Contribution made during the anticipation period. ------------- Alin. ((4) art. 49 49 has been amended by section 1 1 of the single article of LAW no. 273 273 of 7 July 2009 , published in MONITORUL OFFICIAL no. 482 482 of 13 July 2009. ------------- Article 49 has been amended by section 6.6. 24 24 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Section 3 Partial early pension + Article 50 (1) Insurance that have completed the complete contribution internships, as well as those who have exceeded the full contribution period by up to 10 years may apply for partial early retirement with the reduction of the standard retirement ages by no more than 5 years. ((1 ^ 1) When establishing the contribution period for the granting of partial early pension, the assimilated periods provided for in art. 38 38 para. ((1) lit. b) and c), as well as the periods in which the insured has benefited from invalidity pension. ------------- Alin. ((1 ^ 1) of art. 50 50 has been introduced by section 25 25 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. (2) The amount of the partial early pension shall be determined from the amount of the old-age pension, by reducing it in relation to the contribution period achieved and the number of months with which the standard retirement age has been reduced, according to table no. 2. Table No 2 ------------------------------------------------------------------------------ Contribution Period Percentage of achieved over the diminishing internship for Complete standard every month contribution provided for in anticipation Annex No 3 3 (%) ((columns 3 and 6) ------------------------------------------------------------------------------ up to 1 year 0,50 over 1 year 0,45 over 2 years 0,40 over 3 years 0,35 over 4 years 0,30 over 5 years 0,25 over 6 years 0,20 over 7 years 0,15 over 8 years 0,10 between 9 and 10 years 0,05 ------------------------------------------------------------------------------ + Article 51 (1) Insurance who have carried out activities under special conditions or in special working conditions, but who cannot retire with the reduction of the retirement age on this basis, may benefit from the provisions of art. 50. In these cases the reduction of the standard retirement age cannot be more than 5 years. (2) In the situation referred to in par. (1) the reduction provided in art. 50 50 para. ((2) does not apply for the number of months with which the standard retirement age is reduced due to the activity carried out under special and/or special working conditions. (3) The provisions of par. ((1) and (2) shall also apply to persons who benefit from the reduction of the standard retirement ages according to art. 48, as well as those provided by special laws. ------------ Article 51 has been amended by section 1. 18 18 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 25 25 ^ 1. + Article 52 As of January 1, 2011, at the end of the retirement ages provided by this law the partial early pension becomes a pension for the age limit and is recalculated by eliminating the decrease provided in art. 50 50 para. (2) and by the addition of assimilated periods and possible contribution internships carried out during the anticipation period. ------------- Article 52 has been amended by section 4.2. 2 2 of the single article of LAW no. 273 273 of 7 July 2009 , published in MONITORUL OFFICIAL no. 482 482 of 13 July 2009. + Section 4 Invalidity pension + Article 53 (1) They have the right to invalidity pension insured persons who have lost all or at least half of their employment capacity, because of: a) work accidents, according to the law; b) occupational diseases and tuberculosis; c) common diseases and accidents that are not related to work. (2) Benefit from invalidity pension, under the conditions provided in par. (1), and insured persons who satisfy military obligations provided in art. 38 38 para. ((1) lit. c). (3) They have the right to invalidity pension, under the conditions provided in par. ((1) lit. a), and students, apprentices and students who have lost all or at least half of their work capacity due to accidents or occupational diseases occurred during and due to professional practice. (4) Persons who have lost all or part of their work capacity and of the great mutilated, as a result of participating in the fight for the victory of the Revolution of December 1989 or in connection with the revolutionary events of December 1989, which were included in a social security system prior to the date of the iviation of invalidity because of this, they are also entitled to invalidity pension, regardless of age in work, during the time the invalidity lasts, established under the same conditions as give the disability pension to people who have suffered accidents at work. + Article 54 In relation to job requirements and the degree of work capacity reduction, the disability is: a) Grade I, characterized by total loss of work capacity, self-service capacity, self-driving or spatial orientation, the invalid requiring permanent care or supervision from another person; b) of the second degree, characterized by the total loss of work capacity, with the possibility of the invalid to self-serve, to self-drive and to orient space, without the help of another person; c) of the third degree, characterized by the loss of at least half of the work capacity, the invalid being able to perform a professional activity. + Article 55 The criteria and norms on the basis of which the classification is made in grades I, II and III of invalidity are established by Government decision, initiated by the Ministry of Labour, Family and Social Protection *) together with the Ministry of Health *), on the proposal CNPAS, which will be adopted until the date of entry into force of this law. ------------ Article 55 has been amended by section 6.6. 84 84 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 of March 30, 2001, by replacing the name Ministry of Health with the name Ministry of Health and Family. + Article 56 (1) Incadence or non-compliance in a degree of invalidity is made by decision issued by the doctor specialized in medical expertise and work capacity recovery, hereinafter referred to as expert doctor of social security, within 30 days from the date of registration of the application, accompanied by the necessary ------------ Alin. ((1) art. 56 56 has been amended by section 19 19 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 26 26 ^ 1. (2) Against the decision issued under the conditions of para. (1) an appeal may be made to the territorial pension house, within 30 days of communication. (3) At the settlement of the appeal the Territorial Pension House consults the National Institute of Medical Expertise and Work Capacity Recovery. The opinion of the National Institute of Medical Expertise and Work Capacity Recovery is mandatory and remains final. ------------- Alin. ((3) art. 56 56 has been amended by section 3 3 of the single article of LAW no. 577 577 of 22 December 2003 , published in MONITORUL OFFICIAL no. 1 of 5 January 2004, which supplements art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003, with point 12 12 ^ 1. (4) The deadline for resolving the appeal shall be 45 days from the date of its registration. ------------- Alin. ((4) of art. 56 56 has been amended by section 27 27 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. (5) Decision of the territorial pension house, given in the resolution of the appeal provided in par. ((2), may be challenged at the competent court, within 30 days of its communication. (6) The decision to fit or not to be classified in a degree of invalidity, not contested within the period, is final. + Article 57 (1) Insurance who have lost their ability to work due to a common illness or accidents not related to work benefit from invalidity pension, if they meet the necessary contribution period in relation to age, according to the table No. 3. Table No 3 ------------------------------------------------------------------------------ Age of insured Contribution period at the time of need disability (years) ------------------------------------------------------------------------------ under 25 years 5 25 25-31 years 8 31 31-37 years 11 37 37-43 years 14 43 43-49 years 18 49 49-55 years 22 is 55 years 25 ------------------------------------------------------------------------------ ((2) Benefit from invalidity pension and insured persons who, until the date of irviation of invalidity, have achieved at least half of the necessary contribution period, provided in Table no. 3. (3) Insurance provided in art. 47 47 benefit from invalidity pension, if they have achieved at least half of the necessary contribution period, provided in Table no. 3, in relation to the age at the time of expertise. (4) They have the right to invalidity pension and persons who on the date of employment of invalidity no longer have the quality of insured, but meet the conditions provided in par. ((1), (2) or (3). + Article 58 If the disability arose as a result of an accident at work, a occupational disease, tuberculosis, neoplasia, AIDS, as well as in a situation where the disability arose during and due to the fulfilment of military obligations. provided in art. 38 38 para. ((1) lit. c), the insured can benefit from invalidity pension, regardless of the contribution period. -------------- Article 58 was amended by the single article of LAW no. 11 11 of 15 January 2008 , published in MONITORUL OFFICIAL no. 40 40 of 17 January 2008. + Article 59 (1) In determining the invalidity pension of insured persons, a potential internship is granted, determined as the difference between the full contribution period and the contribution period actually achieved until the date of employment in a degree of invalidity. (2) In the case of insured persons who have achieved at least half of the required contribution period, set out in Table no. 3, the potential internship is determined as the difference between the full contribution period and the necessary contribution period. (3) The potential result in accordance with par. ((1) and (2) may not be higher than the contribution period that the insured could have made from the date of the iviation of invalidity until the standard retirement age set out in Annex no. 3, the age at which, under the present law, he can apply for an old-age pension. ------------- Article 59 has been amended by point 20 20 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 27 27 ^ 1. + Article 60 (1) The insured persons who have completed a contribution period in conditions of non-existent disability quality shall be granted a potential internship, determined as the difference between the contribution internships required in art. 47 and the contribution internships actually achieved. (2) In the case of persons provided in art. 53 53 para. (3), the internship potentially taken into account when establishing the invalidity pension is the complete contribution period, according to the present law. + Article 61 (1) The invalidity pensioners in the first degree of invalidity are entitled, outside the pension, to an allowance for the attendant, in the fixed amount *). (2) The allowance for the attendant is in the amount equal to 80% of the value of a pension point, established annually by the state social insurance budget law, according to art. 80. ------------ Alin. ((2) of art. 61 61 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 108 108 of 18 September 2008 , published in MONITORUL OFFICIAL no. 661 661 of 22 September 2008. ((3) Abrogat. ------------ Alin. ((3) of art. 61 61 has been repealed by section 6.6. 2 2 of art. I of EMERGENCY ORDINANCE no. 108 108 of 18 September 2008 , published in MONITORUL OFFICIAL no. 661 661 of 22 September 2008. (4) The fixed amount for care, granted under the previous legislation, becomes, on April 1, 2001, allowance for the attendant within the meaning of this law. ------------ Article 61 has been amended by section 6.6. 21 21 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 28 28 ^ 1. + Article 62 (1) Disability pensioners are subject to medical review, depending on the condition, at intervals of 6-12 months, until the end of the standard retirement ages, at the deadlines set by the territorial pension houses. (2) After each review the expert doctor of social security within the territorial pension house issues a new decision establishing, as the case may be: a) maintenance in the same degree of disability; b) classification in another degree of invalidity; c) termination of the quality of invalidity pensioner, as a result of the reacquisition of the work capacity. ((3) The right to invalidity pension shall be amended or terminated from the month following that in which the medical review decision was issued. ((4) The non-submission, for reasons attributable to the pensioner, to the medical review draws the suspension of the pension payment from the month following that in which the medical review was provided (5) The medical review can also be carried out at the request of pensioners, if the state of their health has improved or, as the case may be, worsened. (6) The decision issued after the medical review is subject to the same appeal and resolution procedure, according to art. 56 56 para. ((2)-(6). (7) They are not subject to periodic medical review of invalidity pensioners who: a) present invalidity that irreversibly affects the ability to work; b) have reached the ages provided by this law for obtaining the old-age pension; c) are less than up to 5 years old compared to the standard retirement age and have completed the complete contribution internships, according to this law. + Article 63 (1) Pensioners of invalidity, except those referred to in art. 62 62 para. ((7), are obliged to follow the recovery programmes drawn up by the expert doctor of social security who issued the decision to fit in the degree of invalidity, in order to reintegrate socio-professional in the same work or another. (2) Failure, for reasons attributable to the pensioner, of the obligation provided in par. ((1) draws the suspension of payment of the pension from the month following the finding. (. The suspension of payment of the pension shall cease with the month following the resumption or, where appropriate, the start of the recovery programmes. + Article 64 (1) Upon reaching the standard age or the standard age reduced according to the law for obtaining the old-age pension, the beneficiary of the disability pension may opt for the most advantageous of pensions. ------------ Alin. ((1) art. 64 64 has been amended by section 21 21 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 28 28 ^ 2. (2) The allowance for the attendant provided for in art. 61 is maintained regardless of the pension for which it is chosen. + Section 5-a Survivor's pension + Article 65 Children and the surviving spouse are entitled to survivor's pension, if the deceased person was retired or met the conditions for obtaining a pension. + Article 66 Children are entitled to survivor's pension: a) up to the age of 16; b) if they continue their studies in a form of education organized according to the law, until their termination, without exceeding the age of 26; c) for the duration of invalidity of any degree, if it arose during the period in which they were in one of the situations referred to in lett. a) or b). + Article 67 (1) The surviving spouse is entitled to a lifelong survivor's pension, at the end of the standard retirement age, if the duration of the marriage has been at least 15 years. (2) If the duration of the marriage is less than 15 years, but for at least 10 years, the amount of the survivor's pension due to the surviving spouse shall be reduced by 0.5% for each month, respectively 6.0% for each year of marriage less. + Article 68 (1) The surviving spouse is entitled to survivor's pension, regardless of age, during the period in which he is invalid in the first or second degree, if the duration of the marriage has been at least 1 year. (2) The surviving spouse is entitled to survivor's pension, regardless of age and duration of marriage, if the death of the supporting spouse occurred as a result of a work accident, occupational disease or tuberculosis and if he does not realize income. monthly from a professional activity for which insurance is mandatory or they are less than one-fourth of the average gross salary on the economy, established according to art. 5 5 para. ((3). ------------- Alin. ((2) of art. 68 68 has been amended by section 29 29 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 69 The surviving spouse who does not meet the conditions laid down in 67 and to art. 68 68 para. (1) benefit from survivor's pension for a period of 6 months from the date of death, if during this period they do not realize monthly income from a professional activity for which insurance is mandatory or they are less than one-fourth of average gross salary on economy, established according to art. 5 5 para. ((3). ------------- Article 69 has been amended by section 6.6. 30 30 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 70 The surviving spouse who has in care at the time of death of the supporter one or more children aged up to 7 years shall benefit from survivor's pension until the last child of the age of 7, during the periods when not make monthly income from a professional activity for which insurance is mandatory or they are less than one-fourth of the average gross salary on the economy, established according to art. 5 5 para. ((3). ------------- Article 70 has been amended by point 31 31 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 71 (1) The survivor's pension shall be calculated, as the case may be, of: a) the pension for the age limit in payment or to which he would have been entitled, under the law, the deceased supporter; b) degree I disability pension, if the death of the supporter came before the conditions for obtaining the pension for the age limit and was in payment with invalidity pension of any degree, early pension, pension partially anticipated or had the right, under the law, to one of these pension categories; c) the service pension in payment or to which the deceased supporter would have been entitled under the law, if it is more advantageous than the old-age pension. (2) The amount of the survivor's pension shall be determined under the conditions of art. 76, by applying a percentage on the average annual score made by the supporter, related to the pension provided in par. ((1) lit. a) and b), depending on the number of entitled descendants, as follows: a) for a single survivor-50%; b) for 2 offspring-75%; c) for 3 or more offspring-100%. (3) In the situation referred to in par. ((1) lit. c) the amount of the survivor's pension shall be determined by applying the percentages provided in par. (2), depending on the number of entitled descendants, on the amount of the service pension. (4) The part of the survivor's pension established under the conditions of par. (3), which exceeds the level of the survivor's pension calculated from the pension for the age limit due to the holder in the public system, shall be borne from the state budget. -------------- Article 71 has been amended by section 6.6. 22 22 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 446 of 25 June 2002, amending section 32 32 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 72 The amount of the survivor's pension, in the case of orphans of both parents, represents the summation of the survivor's rights, calculated according to each parent. + Article 73 In case of changes in the number of offspring, the pension shall be recalculated in accordance with the provisions of 71 71 para. ((2). + Article 74 The surviving spouse who is entitled to a pension of his own and meets the conditions provided by law for obtaining the survivor's pension after the deceased spouse may opt for the most advantageous pension. + Article 75 Beneficiaries of the survivor's pension referred to in art. 66 lit. c) and art. 68 68 para. (1) are surveyed, subject to medical review and have the obligation to follow the recovery programs according to the same regulations provided for the disability pension. + Section 6 Pension calculation + Article 76 (1) Starting with the date of pension registration the amount of the pension is determined by multiplying the average annual score made by the insured during the contribution period by the value of a pension point. (2) The amount of the pension established according to par. (1) shall be increased by the amount corresponding to the contribution for health insurance, due according to the law. (3) When determining the amount of pension according to par. (1) and (2) the lion fractions shall be completed to a lion in favour of pensioners. ------------- Article 76 has been amended by section 6.6. 33 33 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 77 (1) The average annual score made by the insured during the contribution period shall be determined by dividing the number of points resulting from the summation of the annual scores made by the insured during the contribution period to the number of years corresponding to the internship fully crimping as set out in Annex no. 3. (2) In the situation of insured persons referred to in art. 43 and 47, when establishing the average annual score according to par. ((1) the contribution periods provided for in these Articles shall be taken into account. (3) In the situations provided in art. 44, when establishing the average annual score of insured persons according to par. ((1) account shall be taken of the total required contribution periods provided for in Annexes no. 4 4 and 5. (4) In the calculation of the average annual score, the annual score and the number of points made each month shall be used five decimal places. ------------- Article 77 has been amended by section 6.6. 34 34 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 78 (1) The annual score of the insured is determined by dividing by 12 the score resulting from the summation of the number of points made each month. The number of points made each month is calculated by reporting the individual monthly gross salary, including bonuses and additions, or, as the case may be, the insured monthly income, which constituted the basis for calculating the individual contribution of social insurance, at the average monthly gross salary in that month, communicated by the National Institute of Statistics and Economic Studies. ------------ Alin. ((1) of art. 78 78 has been amended by section 84 84 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 of March 30, 2001, by replacing the name National Commission for Statistics with the name National Institute of Statistics and Economic Studies. (2) For periods in which the National Institute of Statistics and Economic Studies communicated only the average monthly gross salary on economy at the annual level the annual score of the insured is determined as the ratio between the monthly average of that year individual gross salaries, including bonuses and additions, or, as the case may be, of insured income, which constituted the basis for calculating the individual social insurance contribution, and the average gross monthly salary on the economy of that year, communicated by the National Institute of Statistics and Economic Studies. ------------ Alin. ((2) of art. 78 78 has been amended by section 84 84 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 of March 30, 2001, by replacing the name National Commission for Statistics with the name National Institute of Statistics and Economic Studies. (3) For the months for which the National Institute of Statistics and Economic Studies has not yet communicated the average gross monthly salary on the economy is used (for the whole month) the last average gross monthly salary on the economy communicated. ------------ Alin. ((3) of art. 78 78 has been amended by section 84 84 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 of March 30, 2001, by replacing the name National Commission for Statistics with the name National Institute of Statistics and Economic Studies. (4) The insurance score, established according to the provisions of par. ((1) and (2), shall be calculated at the level of gross income earned for which social security contributions have been paid. ---------------- Alin. ((4) of art. 78 78 has been amended by section 6 6 of art. I of LAW no. 250 250 of 19 July 2007 , published in MONITORUL OFFICIAL no. 486 486 of 19 July 2007. (5) For the assimilated periods, the annual score of the insured shall be used: a) the amount of invalidity pension or other social security rights obtained during the respective periods, in the cases provided in art. 38 38 para. ((1) lit. a); b) 25% of the average gross monthly salary on the economy of the respective periods, for the cases provided in art. 38 38 para. ((1) lit. b) and c) and art. 53 53 para. ((3). (6) For the potential internship, granted to insured persons in the right to obtain a disability pension, the annual score of the insured is: a) 0.75 points for the first degree of disability, respectively for those with serious disabilities; b) 0.60 points for the second degree of disability, respectively for those with disabilities; c) 0.40 points for the third degree of disability, respectively for those with an average disability. (7) In the case of persons who benefit from the assimilated periods provided in art. 38 38 para. ((1) lit. a) and which in the same period obtain income for which the social insurance contribution is due, to the calculation of the annual score of the insured shall be taken into account, by cumulation, the income provided with those established for the periods assimilated. --------------- Alin. ((7) of art. 78 78 has been amended by section 14 14 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. (8) Insurance that, after meeting the retirement conditions for the age limit, regulated by this law, contributes a certain period to the public system, being found in one of the situations provided in art. 5, benefits from the increase of the score made during this period by 0.3% for each month, respectively by 3.6% for each additional year. --------------- Alin. ((8) art. 78 78 has been amended by section 23 23 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 446 of 25 June 2002, amending section 35 35 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 78 ^ 1 (1) The number of points made by the unemployed shall be calculated by reporting the amount of monthly monetary rights granted at the average monthly gross salary of that month, communicated by the National Institute of Statistics. (2) It is exempted from the provisions of par. (1) persons benefiting from compensatory payments, for whom the contribution from the unemployment insurance budget has been paid. In these cases the number of points is calculated by reporting the amount obtained from the application of the coefficient resulting according to the provisions of 37 37 para. (2) on the rights received, at the average gross monthly salary communicated by the National Institute of Statistics for that month. ------------- Alin. ((2) of art. 78 ^ 1 has been amended by section 4.2 15 15 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. ------------- Article 78 ^ 1 has been amended by section 1. 24 24 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 446 of 25 June 2002, amending section 36 36 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 78 ^ 2 ((1) Insurance which have carried out activities in jobs classified in Group I and/or Group II of work, according to the legislation prior to 1 April 2001, shall benefit from the increase of the annual scores, as follows: a) by 50% for the periods during which they carried out activities in places classified in group I of work; b) by 25% for the periods during which they carried out activities in places classified in the second group of work. (2) Provisions of para. ((1) shall apply only in situations where, according to the law, the full contribution internships set out in Annex no. 3, depending on the date of birth, respectively the complete contribution internships, depending on the date of opening of the pension right, according to the provisions of art. 167 167 ^ 1. -------------- Article 78 ^ 2 has been amended by section 4.2. 2 2 of art. I of EMERGENCY ORDINANCE no. 209 209 of 4 December 2008 , published in MONITORUL OFFICIAL no. 826 826 of 9 December 2008. + Article 79 CNPAS communicates to the insured, through the territorial pension houses, the annual score and the cumulative score for the contribution period, under the conditions of art. 39. + Article 80 (1) The value of a pension point shall be determined by the law of the state social insurance budget *). This is determined by updating the value of the pension point in December of each year with at least the inflation rate, projected for the next budget year by the institution with attributions in the field * ***********). ------------ Alin. ((1) art. 80 was amended by the single article of EMERGENCY ORDINANCE no. 46 46 of 28 June 2006 , published in MONITORUL OFFICIAL no. 565 565 of 29 June 2006. (2) In relation to the evolution of macroeconomic indicators and financial resources, the value of the pension point, established according to the provisions of par. (1), may be increased by the laws of rectification of the state social insurance budget. ------------- Alin. ((2) art. 80 was amended by the single article of EMERGENCY ORDINANCE no. 46 46 of 28 June 2006 , published in MONITORUL OFFICIAL no. 565 565 of 29 June 2006. (3) The value of the pension point, determined according to the provisions (1) or (2), may not be less than 37.5% of the average gross salary used to substantiate the state social insurance budget, starting with January 1, 2008, respectively 45% of the average gross salary used to substantiate the insurance budget **************************************) -------------- Alin. ((3) of art. 80 80 has been amended by section 7 7 of art. I of LAW no. 250 250 of 19 July 2007 , published in MONITORUL OFFICIAL no. 486 486 of 19 July 2007. -------------- Article 80 has been amended by section 6.6. 1 1 of the single article of EMERGENCY ORDINANCE no. 59 59 of 26 August 2004 , published in MONITORUL OFFICIAL no. 804 804 of 31 August 2004. -------------- + Section 7 ------------ The title of Section 7 has been deleted according to section 7. 3 3 of art. I of EMERGENCY ORDINANCE no. 41 41 of 27 April 2000 , published in MONITORUL OFFICIAL no. 183 183 of 27 April 2000. + Article 81 The average annual score related to pensions in the public system is increased by measures adopted by Government decisions. ------------- Article 81 was amended by the single article of LAW no. 321 321 of 10 November 2005 , published in MONITORUL OFFICIAL no. 1.013 of 15 November 2005, amending the single article of EMERGENCY ORDINANCE no. 98 98 of 14 July 2005 , published in MONITORUL OFFICIAL no. 637 637 of 20 July 2005. + Section 7 Establishment and payment of pensions --------------- Section 8 has become Section 7 according to section 7. 3 3 of art. I of EMERGENCY ORDINANCE no. 41 41 of 27 April 2000 , published in MONITORUL OFFICIAL no. 183 183 of 27 April 2000. + Article 82 (1) The pension shall be granted at the request of the entitled person, of the trustee designated by it with special power of attorney, of the guardian or its curator. (2) The application for retirement together with the documents proving the fulfilment of the conditions provided for by this law shall be submitted by the applicant or, as the case may be, by the employer to the territorial pension house within whose radius the applicant's home is located, calendar before the date of fulfilment of the retirement conditions, provided by law. --------------- Alin. ((2) of art. 82 82 has been amended by section 2 2 of art. I of LAW no. 49 49 of 19 March 2010 , published in MONITORUL OFFICIAL no. 195 195 of 29 March 2010. + Article 83 (1) The pension rights for the age limit shall be due and shall be paid from the date of fulfilment of the retirement conditions, provided by law, if the application was submitted 30 calendar days before the date of fulfilment of these conditions. (2) The retirement applications registered in the range between the date of fulfilment of the retirement conditions and the 30th calendar day prior to this date shall be deemed to be submitted. (3) Early retirement or early retirement pension rights shall be due and payable: a) from the date of fulfilment of the retirement conditions, but not before the date of termination of the insured quality, if the application was submitted within the deadline provided in par. (1), in the case of persons provided in art. 5 5 para. ((1) pt. I, II and III; b) from the date of fulfilment of the retirement conditions, if the application was submitted within the deadline provided in par. (1), in the case of persons provided in art. 5 5 para. ((1) pt. IV and V and art. 5 5 para. ((2). (4) In the case of persons whose retirement applications have been submitted with exceeding the deadline provided in par. (1), pension rights shall be due and payable: a) from the date of application, in the case of old-age pension; b) from the date of application, but not before the date of termination of the quality of insured, in the case of early pension and partial early pension, in the situation of persons referred to in art. 5 5 para. ((1) pt. I, II and III; c) from the date of application, in the case of early pension and partial early pension, in the situation of persons referred to in art. 5 5 para. ((1) pt. IV and V and art. 5 5 para. ((2). --------------- Article 83 has been amended by section 6.6. 3 3 of art. I of LAW no. 49 49 of 19 March 2010 , published in MONITORUL OFFICIAL no. 195 195 of 29 March 2010. + Article 84 (1) Persons who have reached the standard retirement age may no longer apply for invalidity pension. (. The invalidity pension rights shall be granted and paid: a) from the date of termination of the payment of the allowance for temporary incapacity for work, if the application was submitted within 60 days from the date of issue of the medical decision of employment in the degree of invalidity; b) from the date of termination of the payment of the allowance for temporary incapacity for work, but not before the date of termination of the quality of insured, if the application was submitted within the period provided for in lett. a), in the case of persons provided in art. 5 5 para. ((2); c) from the date of application, but not before the date of termination of the quality of insured, in the case of persons referred to in art. 5 5 para. ((2), the applications of which have been submitted with exceeding the deadline provided for in lett. a); d) from the date of application, in the case of persons who on the date of application of the invalidity pension no longer have the quality of insured. -------------- Alin. ((2) of art. 84 84 has been amended by section 18 18 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. + Article 85 (1) The survivor's pension rights, in the case of persons who meet the conditions laid down by this law at the time of death of the insured supporter, shall be granted on request a) from the month following the death, if the deceased supporter was retired, if the application was submitted within 90 days from the date of death; b) from the date of death of the supporter, if the deceased supporter was not retired at the time of death, if the application was submitted within 90 days from this date; c) from the date of submission of the application, in the situations in which the deadlines provided in lett were exceeded. a) and b). (2) If the successor meets the conditions laid down by this law after the date of death of the insured supporter, the survivor's pension rights shall be granted from the date of fulfilment of the conditions, if the application was submitted within 90 days from the date of performance. (3) If the deadline provided for in par. ((2), the survivor's pension rights shall be granted from the date of application. (4) If the person applying for a survivor's pension is found in the situation provided for in art. 5 5 para. (2), pension rights are granted according to the provisions of par. ((1)-(3), but not before the end of the quality of insured. -------------- Alin. ((4) of art. 85 85 has been introduced by section 19 19 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. + Article 86 *) (1) Admission or rejection of the application for retirement shall be made by decision issued by the territorial pension house, within 45 calendar days from the date of application. (2) The decision of the territorial pension house includes the grounds of fact and law on the basis of which the application for retirement is admitted or rejected. (3) The decision of the territorial pension house shall be communicated in writing to the person who requested the retirement, as well as to the employer, within 5 days from the date of its issuance. --------------- Article 86 has been amended by section 6.6. 4 4 of art. I of LAW no. 49 49 of 19 March 2010 , published in MONITORUL OFFICIAL no. 195 195 of 29 March 2010. + Article 87 (1) Decision issued under the conditions of art. 86 86 para. (1) may be challenged at the competent court in whose territorial area the domicile of the insured is located, within 45 days of communication. (2) Decision issued under the conditions of art. 86 86 para. ((1) may be cancelled, at the request of the holder, within 45 days of the communication. ------------- Alin. ((2) art. 87 87 has been introduced by section 3 3 of the single article of LAW no. 209 209 of 2 June 2009 , published in MONITORUL OFFICIAL no. 385 385 of 9 June 2009. ------------- Article 87 has been amended by section 6.6. 41 41 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 88 The decision of the territorial pension house, not contested within the deadline, is final. ------------- Article 88 has been amended by section 6.6. 42 42 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 89 (1) If errors are found in the establishment and payment of pension rights, the legal revisions and amendments will be operated, attracting, as the case may be, the liability of the guilty. ((. At the end of each calendar year, the pension entitlements shall be reviewed ex officio, if the elements contemplated in the initial calculation of the pension, for periods after the period after 1 April 2001, have undergone changes made and confirmed in the Declaration on the nominal record of insured persons and payment obligations to the state social insurance budget, submitted by the employer until December 31 of each year at the territorial pension house. (3) The rights resulting from the application of the provisions of para. ((2) shall be due and shall be granted on 1 January of the following year. ----------- Article 89 has been amended by section 6.6. 4 4 of the single article of LAW no. 577 577 of 22 December 2003 , published in MONITORUL OFFICIAL no. 1 of 5 January 2004, which supplements art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003, with point 19 19 ^ 1. + Article 90 (1) The payment of the pension is made monthly. ((2) The pension is paid personally to the holder, the trustee appointed by him by special power of attorney or his legal representative, depending on the option, by postal order, current account or card account, under the conditions negotiated by the conventions concluded by CNPAS with the National Company "Posta Romana"-S.A., respectively with banks. (3) The provisions of par. (2) shall also apply to other money rights that are established and paid by the territorial pension houses, according to the law. (4) The territorial pension houses transmit monthly at the home of the beneficiaries in Romania, through the National Company "Posta Romana"-S.A., the payment slips of the rights provided in par. ((2) and (3), regardless of the method of payment for which it was chosen *). (5) The expenses for the transmission and payment of the rights provided in ((2) and (3), as well as those for the transmission of payment slips at the home of beneficiaries in Romania shall be borne from the budgets from which those rights are financed. (6) The expenses for the transmission and payment of the rights provided in (2) and (3), as well as those for the transmission of payment slips to the beneficiaries ' home in Romania, through the National Company "Posta Romana"-S.A., shall be borne from the budgets from which the respective rights are financed and determined as follows: a) by applying a negotiable coefficient, which cannot exceed 1.3% of the value of the transferred amounts, if the payment of the rights is carried out at the home of the beneficiaries; b) by payment of amounts that are negotiated on the basis of postal tariffs, in the situation of beneficiaries who have opted to make payments in the current account or card account and to whom only the payment slip is transmitted at home. (7) If the beneficiaries have opted to pay the money rights in the current account or card account, the territorial pension houses shall make the payment of these rights to the bank for which they have opted. (8) In application of the provisions of (7) a bank fee can be paid, negotiable, which cannot exceed 0.15% of the amounts transferred and which is borne from the budget from which the respective rights are financed. (9) Beneficiaries of the money rights provided in par. ((2) and/or para. (3), established by the territorial pension houses, which are not domiciled in Romania, may opt for the transfer abroad of these rights, under the law. (10) The expenses generated by the transfer abroad of the money rights provided in par. ((2) and/or para. (3), including those related to foreign exchange, shall be borne by the beneficiaries, unless the provisions of the international legal instruments to which Romania is a party have otherwise. (11) The expenses provided in par. (10) shall be deducted by the banks from the amounts due to the holders. (12) Provisions of para. ((6) shall apply from 1 January 2007. (13) The procedures related to the territorial pension payments of the payment of monetary rights shall be established by decision of the President of the CNPAS. ------------- Article 90 has been amended by section 6.6. 1 1 of art. I of EMERGENCY ORDINANCE no. 69 69 of 13 September 2006 , published in MONITORUL OFFICIAL no. 788 788 of 18 September 2006. + Article 91 ((. The payment of the pension shall cease from the month following that in which: a) the beneficiary has died; b) the beneficiary no longer meets the legal conditions under which the pension was granted; c) the descendant was convicted by a final decision final for the crime of murder or attempted murder committed on the supporter. (2) The courts have the obligation that, within 10 days from the date of final stay of the decision rendered in the cases provided in par. ((1) lit. c), to communicate this situation, in writing, to the CNPAS. (3) Changes in the civil status of the person, likely to lead to an end to the payment of pensions according to par. ((1) lit. a), will be provided by the Ministry of Administration and Interior *), through the National Center for the Administration of Database on Records of Persons. --------------- Alin. ((3) of art. 91 91 has been introduced by section 1 1 of art. I of EMERGENCY ORDINANCE no. 19 19 of 21 March 2007 , published in MONITORUL OFFICIAL no. 208 208 of 28 March 2007. + Article 92 ((. The payment of the pension shall be suspended from the month following that in which: a) the pensioner establishes his domicile on the territory of a state with which Romania has concluded social insurance convention, if within it it is stipulated that the pension is paid by the other state; b) the beneficiary of an early pension or partial early pension is found in one of the situations provided in art. 5 5 para. ((1) pt. I and II, with the exception of persons exercising the position of local councillor or county councillor; ------------- Lit. b) a par. ((1) art. 92 92 has been amended by section 4.2 4 4 of the single article of LAW no. 209 209 of 2 June 2009 , published in MONITORUL OFFICIAL no. 385 385 of 9 June 2009. c) the beneficiary of a disability pension shall not be present at the periodic medical review; d) the beneficiary of a survivor's pension carries out of a professional activity monthly gross incomes of more than one fourth of the average gross salary on the economy, established according to art. 5 5 para. ((3); -------------- Lit. d) a par. ((1) of art. 92 92 has been amended by section 4.2 43 43 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. e) the child survivor no longer meets the conditions provided in art. 66 lit. b) and c); f) the surviving spouse, the beneficiary of a survivor's pension, shall remarry. g) the beneficiary of a grade I or II disability pension is found in one of the situations provided in art. 5 5 para. ((1) pt. I, II and IV lit. b)-f). ------------- Lit. g) a par. ((1) art. 92 92 was introduced by section 4.2. 5 5 of the single article of LAW no. 209 209 of 2 June 2009 , published in MONITORUL OFFICIAL no. 385 385 of 9 June 2009. (2) The payment of the accompanying allowance shall be suspended for the period in which the pensioner of invalidity grade I, except for the blind, is admitted to social assistance institutions or specialized medical facilities, in which supervision is provided and permanent care. (3) The suspension of the payment of the pension or the accompanying allowance may also be made at the request of the pensioner, from the month following the registration of the application. ------------- Alin. ((3) art. 92 92 has been introduced by section 6 6 of the single article of LAW no. 209 209 of 2 June 2009 , published in MONITORUL OFFICIAL no. 385 385 of 9 June 2009. + Article 92 ^ 1 Repealed. --------------- Article 92 ^ 1 was repealed by point (a). 2 2 of art. I of EMERGENCY ORDINANCE no. 19 19 of 21 March 2007 , published in MONITORUL OFFICIAL no. 208 208 of 28 March 2007. + Article 93 (1) The resumption in payment of suspended pensions shall be made on request, starting from the month following that in which the case of suspension has ceased, if the application has been submitted within 30 days from the date of termination of the case of suspension. ((2) If the request for a resumption in payment has been submitted after the expiry of the 30-day period, the payment shall be made from the month following that in which the application was submitted. (3) Resumption in payment of the survivor's pension suspended as a result of non-fulfilment of the conditions provided in art. 66 lit. b) and c) shall be made from the start date of the school year or from the date of issue of the medical decision of employment in a degree of invalidity. (4) Resumption in payment of suspended pension according to art. 92 92 para. (3) shall be made on request, from the month following the registration of the application. ------------- Alin. ((4) art. 93 93 has been introduced by section 7 7 of the single article of LAW no. 209 209 of 2 June 2009 , published in MONITORUL OFFICIAL no. 385 385 of 9 June 2009. + Article 93 ^ 1 Repealed. --------------- Article 93 ^ 1 was repealed by point (a). 2 2 of art. I of EMERGENCY ORDINANCE no. 19 19 of 21 March 2007 , published in MONITORUL OFFICIAL no. 208 208 of 28 March 2007. + Article 93 ^ 2 Repealed. --------------- Article 93 ^ 2 was repealed by point (a). 2 2 of art. I of EMERGENCY ORDINANCE no. 19 19 of 21 March 2007 , published in MONITORUL OFFICIAL no. 208 208 of 28 March 2007. + Article 94 (1) I can cumulate the pension with the income from a professional activity, regardless of the level of the respective income: a) children orphaned by both parents, during schooling, up to the ages provided in art. 66 lit. a) and b); b) the blind; c) retirement for the age limit. d) Invalidity pensioners of the third degree. ------------- Lit. d) a par. ((1) of art. 94 94 was introduced by section 4.2. 44 44 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. e) the beneficiaries of an early pension or of a partial early pension exercising the position of local councillor or county councillor; ------------- Lit. e) a par. ((1) art. 94 94 was introduced by section 4.2. 8 8 of the single article of LAW no. 209 209 of 2 June 2009 , published in MONITORUL OFFICIAL no. 385 385 of 9 June 2009. f) invalidity pensioners who exercise the position of local councillor or county councillor. ------------- Lit. f) a par. ((1) art. 94 94 was introduced by section 4.2. 8 8 of the single article of LAW no. 209 209 of 2 June 2009 , published in MONITORUL OFFICIAL no. 385 385 of 9 June 2009. (2) The beneficiaries of the survivor's pension can cumulate the pension with the incomes made from a professional activity, if the monthly gross incomes realized do not exceed one-fourth of the average gross monthly salary on the economy, established according to art. 5 5 para. ((3). ------------- Alin. ((2) of art. 94 94 has been amended by section 45 45 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 95 ------------- Alin. ((1) of art. 95 95 ceased its legal effects according to CONSTITUTIONAL COURT DECISION no. 264 264 of 20 March 2007 , published in MONITORUL OFFICIAL no. 283 283 of 27 April 2007. (2) The request for recalculation of the pension follows the same procedural rules on settlement and contestation, provided for the request for retirement. (3) The recalculated pension shall be granted from the month following that in which the request for recalculation was submitted. + Article 96 The beneficiary of the pension right is obliged to communicate to the territorial pension house any change regarding the conditions for granting and paying the pension, within 15 days of its occurrence. + Article 97 (1) The amounts left unearned by the deceased pensioner, representing the pension for the month in which the death occurred, and, as the case may be, the pension rights due and unpaid to death shall be paid to the surviving spouse, to the children, to his parents, in lack thereof, to other heirs, under the conditions of common law (2) The amounts referred to in par. ((1) may be requested within the general limitation period. + Chapter V*) Other social security rights + Article 98 ((1) Insurance of the public system shall be entitled, in addition to a pension, to: a) leave and allowance for temporary incapacity to work, caused by ordinary diseases or accidents outside work, occupational diseases and accidents at work * **); b) benefits for disease prevention and work capacity recovery * **); c) maternity leave and allowance * **); d) leave and parental allowance *); e) leave and sick child care allowance * **); f) death aid. (2) Benefit from the rights provided in par. ((1) lit. a), b), c) and e) insured persons who, in the last 12 months prior to the first day of sick leave registered in the medical leave certificate, have a contribution period of at least 6 months, carried out under the conditions of art. 37 and/or in one or more of the situations provided in art. 38 38 * **). (3) Persons who have acquired, according to the law, the quality of insured benefit from the allowance for temporary incapacity to work, without conditions of contribution period, in the case of accidents at work, occupational diseases, emergencies medical-surgical, tuberculosis and infectious-contagious diseases of group A. The list of medical-surgical emergencies, as well as infectious-contagious diseases of group A is established by Government decision * **). (4) Benefit from the rights provided in par. ((1) lit. d) public system policyholders who have realized, under the conditions of art. 37 and/or in one or more of the situations provided in art. 38, a contribution period of at least 10 months in the last 12 months prior to the date of birth of the child. (5) If the birth occurs before the deadline, the contribution period necessary for the opening of the right shall be reduced by the period between the date of birth of the child and the presumed date of birth, certified by the specialized doctor * **). (6) The right of insured persons to death is not subject to the performance of a contribution period. ----------- Article 98 has been amended by section 6.6. 5 5 of the single article of LAW no. 577 577 of 22 December 2003 , published in MONITORUL OFFICIAL no. 1 of 5 January 2004, amending section 21 21 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. ***) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowance for temporary incapacity for work, leave and allowances for the prevention of illnesses and recovery of work capacity, maternity leave and allowance, leave and sick child care allowance, contained in art. 98 98 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 99 (1) The basis for the calculation of the social insurance allowances provided in art. 98 98 para. ((1) lit. a), b), c) and e) shall be determined as the average monthly income of the last 6 months prior to the first day of sick leave entered in the sick leave certificate, on the basis of which was due or, as the case may be, the individual contribution of social insurance in the respective months, according to art. 23, and/or the rights provided in ((9) or (10), as the case may be, of the 12 months from which the contribution period was constituted *). (2) The basis for calculating the social security allowance provided for in art. 98 98 para. ((1) lit. d) it is determined that the average of the monthly incomes of the last 10 months prior to the date of birth of the child, on the basis of which was due or, as the case may be, the individual social insurance contribution was paid in the respective months, according to 23, and/or the rights provided in ((9) or (10), as the case may be, of the 12 months from which the contribution period was constituted. ((2 ^ 1) Eliminated. ------------ Alin. (2 ^ 1) of art. 99 99 was deleted, on 23 December 2003, by rejecting EMERGENCY ORDINANCE no. 23 23 of 10 April 2003 , published in MONITORUL OFFICIAL no. 259 259 of 14 April 2003 by LAW no. 553 553 of 18 December 2003 , published in MONITORUL OFFICIAL no. 915 915 of 20 December 2003. (2 ^ 1) If the birth occurred before the deadline, the basis for calculating the social security allowance provided for in art. 98 98 para. ((1) lit. d) is determined, according to the provisions of (2), based on monthly income from the period constituting, according to art. 98 98 para. (5), the contribution period necessary for the opening of the right. ------------- Alin. ((2 ^ 1) art. 99 99 has been introduced by section 6 6 of the single article of LAW no. 577 577 of 22 December 2003 , published in MONITORUL OFFICIAL no. 1 of 5 January 2004, amending section 22 22 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. (3) If the contribution period is less than 6 months, for the insured persons referred to in art. 98 98 para. (3) the basis for calculating the social security benefits shall be the average of the monthly income to which it was due or, as the case may be, the social security contribution of those months or, as the case may be, the monthly income of the first month of activity for which the social security contribution has been established *). (4) Of the durations of granting sick leave, expressed in calendar days of temporary incapacity for work, are paid the working days *). (5) For the calculation of social security allowances, account shall be taken of the number of working days for which it was due or, where applicable, the individual social security contribution and/or the number of working days of the periods assimilated to the contribution period of the months from which the calculation base is constituted *). (6) When determining the number of working days of the month in which the right of social insurance is granted, the legal provisions on the days of public holidays in which they are not worked shall be taken into account *). (7) If the basis for calculating social security benefits also includes periods prior to the date of entry into force of this law, including periods of unemployment recognized as seniority, the calculation of allowances shall be taken in consideration for these periods, as the case may be, the monthly income that, according to the law, constituted the basis for the calculation of the respective rights or the amounts entitled money received as unemployed *). (8) For periods prior to the date of entry into force of this Law, which constituted seniority in the work recognized when establishing pensions, under the conditions of art. 160, other than unemployment periods, the basis for the calculation of social insurance allowances is the gross minimum wage per country of the respective periods *). (9) For the assimilated periods provided for in art. 38 38 para. ((1) lit. b) and c), including those made prior to the entry into force of this law, to the determination of the basis for the calculation of social insurance allowances shall be used the gross minimum wage per country of the respective periods *). (10) For the assimilated periods provided for in art. 38 38 para. ((1) lit. a), including those made before the entry into force of this law, when determining the basis for the calculation of social security allowances, the amount of social security rights that was received during the respective periods is used *). (11) In the case of persons who benefit from the assimilated periods provided in art. 38 38 para. ((1) lit. a) and who in the same period obtain income for which the social security contribution is due, to the calculation of subsequent social insurance allowances shall be taken into account, by cumulation, the incomes made with those established for assimilated periods, without exceeding the ceiling of 5 times the average gross salary provided for in art. ((5) para. ((3) *). ------------- Article 99 has been amended by section 6.6. 22 22 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. + Section 1 Allowance for temporary incapacity for work + Article 100 (1) In the public system insured persons benefit from sick leave and temporary incapacity allowance, if they prove temporary incapacity to work through a medical certificate, issued according to the regulations in force *). ((2) Abrogat. ((3) Unemployed persons in qualification, retraining, improvement or, where appropriate, other forms of professional training, organized according to the law, which, due to accidents occurring during and due to professional practice, bear a Temporary incapacity for work of more than 3 days, benefits from the same provisions as other insured persons regarding the work accident. + Article 101 The allowance for temporary incapacity for work shall be borne as follows: A. by the employer, depending on the number of employees had at the time of the employment of temporary incapacity for work, as follows: a) up to 20 employees, from the first day to the 7th day of temporary incapacity for work; b) between 21-100 employees, from the first day to the 12th day of temporary incapacity for work; c) more than 100 employees, from the first day to the 17th day of temporary incapacity for work; B. from the state social insurance budget, starting with: a) the first day of temporary incapacity for work, in the case of persons provided in art. 5 5 para. ((1) pt. III, IV, V and para. ((2); b) the day following those borne by the employer, according to letter A, and until the date of termination of temporary incapacity for work or retirement. ------------- Article 101 has been amended by section 1. 30 30 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 446 of 25 June 2002, amending section 50 50 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and the allowance for temporary incapacity for work included in the art. 101 101 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 102 * *) The allowance for temporary incapacity for work caused by occupational diseases or accidents at work shall be borne from the first day of temporary incapacity for work and until the date of its termination or retirement, as follows: a) by the employer, for the insured persons referred to in art. 5 5 para. ((1) pt. I and II; b) by the employer's provider of qualification, retraining, improvement or other forms of professional training for unemployed persons, organized according to the law, for the situations provided in art. 100 100 para. ((3); c) by the state social insurance budget, for the insured persons referred to in art. 5 5 para. ((1) pt. IV and V; d) by the state social insurance budget, in the case of insured persons referred to in art. 5 5 para. ((1) pt. I and II, as well as those provided in par. ((1) pt. III, in qualification, retraining, improvement or other forms of professional training, organized according to the law, if occupational diseases or work accidents occurred due to their fault. ---------------- Article 102 has been amended by section 4.2. 23 23 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. + Article 103 (1) The duration of granting the allowance for temporary incapacity for work is no more than 180 days in the period of one year, counted from the first day of illness. (2) Starting with the 90th day the sick leave may be extended up to 180 days, with the opinion of the expert doctor of social insurance. (3) The duration of the allowance for temporary incapacity for work is higher in the case of special diseases and shall be differentiated as follows: a) one year, in the last 2 years, for pulmonary tuberculosis and some cardiovascular diseases, established by the CNPAS with the consent of the Ministry of Health and the Ministry of Labour and Social Protection; a) one year, in the last 2 years, for pulmonary tuberculosis and some cardiovascular diseases, established by the CNPAS with the consent of the Ministry of Health and Family and the Ministry of Labour and Social Solidarity; ------------ Lit. a) a par. ((3) of art. 103 103 has been amended by section 4.2 84 84 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 of March 30, 2001, by replacing the name Ministry of Health with the name Ministry of Health and Family. b) one year, with the right to extend up to one and a half years by the expert doctor of social insurance, in the last 2 years, for meningeal, peritoneal and urogenital tuberculosis, including the adrenal glands, as well as for AIDS and cancer of any type, depending on the stage of the disease; c) one and a half years, within the last 2 years, for pulmonary tuberculosis operated and osteoarticular; d) 6 months, with the possibility of extending up to a maximum of one year, in the last 2 years, for other forms of extrapulmonary tuberculosis, with the opinion of the expert doctor of social insurance. ---------- *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and the allowance for temporary incapacity for work included in the art. 103 103 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 104 *) The rights provided for in art. 103 benefits all categories of insured provided in art. 5. ------------ Article 104 has been amended by section 6.6. 31 31 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 446 of 25 June 2002, amending section 52 52 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and the allowance for temporary incapacity for work included in the art. 104 104 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 105 (1) The attending physician proposes the retirement of invalidity, if the patient has not been recovered at the expiration of the durations of granting the allowance for temporary incapacity to work, provided by this law. (2) In thorough situations motivated by the possibility of recovery the attending physician proposes to extend the sick leave over 180 days, in order to avoid the retirement of disability and to maintain the insured in activity. (3) The expert doctor of social insurance decides, as the case may be, to extend the sick leave for the continuation of the recovery program, temporary transition to another work, reduction of working hours, resumption of activity in the same profession or in a another profession or retirement of disability. (4) The extension of the sick leave over 180 days is made for no more than 90 days, according to the procedures established by the CNPAS, in relation to the evolution of the case and the results of the recovery actions. ------------- *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and the allowance for temporary incapacity for work included in the art. 105 105 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 106 If the retirement notice has been issued by the expert doctor of social security, the payment of the temporary incapacity allowance shall be granted by the end of the month following that in which the opinion was given, without exceeding the duration of the the maximum granting of sick leave, provided by law. ------------ *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and the allowance for temporary incapacity for work included in the art. 106 106 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 107 (1) Insurance whose temporary incapacity for work occurred during the holiday or leave without payment benefits from allowances for temporary incapacity for work, according to the provisions of art. 101, the holidays being interrupted, and the days not made to be rescheduled. (2) Benefit from allowances for temporary incapacity to work, under the same conditions as other insured persons, pensioners who, according to this law, realize income from a professional activity for which it is calculated and paid social security contribution. ------------- *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and the allowance for temporary incapacity for work included in the art. 107 107 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 108 *) (1) The amount of the temporary incapacity allowance shall be determined by applying a percentage of 75% to the calculation base established according to art. 99 99 para. ((1). (2) The amount of the allowance for temporary incapacity for work determined by occupational disease, work accident or cases assimilated to it, tuberculosis, AIDS, cancer of any type, as well as infectious disease of group A and emergencies medical-surgical established under the conditions provided in art. 98 98 para. (3) is 100% of the calculation base established according to art. 99 99 para. ((1) or (3), as applicable *). ------------- Article 108 has been amended by point 24 24 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and the allowance for temporary incapacity for work included in the art. 108 108 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Section 2 Benefits for the prevention of illness and the recovery of work capacity + Article 109 (1) In order to prevent illness and recovery of work capacity, in the public system insured persons may benefit from: a) allowance for temporary passage to another work *); b) allowance for reducing working time *); c) quarantine allowance; d) aid for the procurement of prostheses, orthotics and other orthopedic products, which are not borne, according to the law, from health insurance *); e) spa treatment that is not supported, according to the law, from health insurance *); f) professional rehabilitation *). g) rest tickets for the insured persons in which the constitution of the social fund is not regulated, according to the law *). --------------- Lit. g) a par. ((1) art. 109 109 has been amended by section 4.2 32 32 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 446 of 25 June 2002, amending section 53 53 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. (2) Insurance in temporary incapacity for work over a period of more than 90 days, as well as invalidity pensioners may benefit from spa treatment and professional rehabilitation, in accordance with the provisions of the individual program of recovery * *). ---------- *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowances for the prevention of illnesses and the recovery of the work capacity contained in art. 109, para. ((1) of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. **) According to para. ((4) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005 the provisions of the art. 109 109 para. ((2) of Law no. 19/2000 , with subsequent amendments and completions, regarding the granting of tickets for spa treatment to pensioners and other categories of insured than those provided for by this emergency ordinance. + Article 110 (1) Insurance provided in art. 5 5 para. ((1) pt. I and II, which, due to a occupational disease or a work accident, can no longer work under the conditions of the workplace before the risk, can temporarily pass into another work. (2) The allowance for temporary transition into another work is granted, if at the new job the insured makes a monthly gross salary income lower than the average of the monthly income in the last 6 months prior to the risk, which constituted the basis of calculation of the social security contribution in those months. ------------- Article 110 was reinstated by the amendment art. 143 of LAW no. 346 346 of 5 June 2002 , published in MONITORUL OFFICIAL no. 454 454 of 27 June 2002 by EMERGENCY ORDINANCE no. 129 129 of 9 December 2004 , published in MONITORUL OFFICIAL no. 1.228 1.228 of 21 December 2004. *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowance for temporary incapacity for work, leave and allowances for the prevention of illnesses and recovery of the work capacity contained in art. 110 110 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 111 *) The allowance for reducing working time with a fourth of the normal duration is granted to the insured provided in art. 5 5 para. ((1) pt. I and II, which, for health reasons, can no longer achieve the normal duration of work. --------------- Article 111 has been amended by section 1. 54 54 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. ---------- *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowance for temporary incapacity for work, leave and allowances for the prevention of illnesses and recovery of the work capacity contained in art. 111 111 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 112 *) (1) The allowances provided for in art. 110 and 111 are granted, at the proposal of the attending physician, with the opinion of the expert doctor of social insurance for no more than 90 days in a calendar year, in one or more stages. (2) The monthly amount of allowances provided in art. 110 and 111 is equal to the difference between the calculation base established according to art. 99 99 para. ((1) and gross salary income made to be insured at the new job or by reducing normal working time, without exceeding 25% of the calculation base. -------------- Alin. ((2) of art. 112 112 has been amended by section 25 25 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. ---------- *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowance for temporary incapacity for work, leave and allowances for the prevention of illnesses and recovery of the work capacity contained in art. 112 112 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 113 (1) The quarantine allowance shall be granted to insured persons who are prohibited from continuing their activity due to a contagious disease, for the duration established by the certificate issued by the public health inspectorate. (2) The monthly amount of the quarantine allowance represents 75% of the calculation base established according to art. 99 99 para. ((1). -------------- Alin. ((2) of art. 113 113 has been amended by section 26 26 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowance for temporary incapacity for work, leave and allowances for the prevention of illnesses and recovery of the work capacity contained in art. 113 113 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 114 *) Allowances provided for in art. 109 109 para. ((1) lit. a), b) and c) shall be borne in full from the state social insurance budget. ---------- *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowance for temporary incapacity for work, leave and allowances for the prevention of illnesses and recovery of the work capacity contained in art. 114 114 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 115 *) (1) Insurance and pensioners of the public system may benefit from aid and allowances from the state social insurance budget for the procurement of prostheses, orthotics and other orthopedic products, which are not borne, according to the law, from social health insurance. ((2) The methods of establishing and granting aid and allowances for the procurement of prostheses, orthotics and other orthopedic products shall be established by law * *). ---------- **) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowance for temporary incapacity for work, leave and allowances for the prevention of illnesses and recovery of the work capacity contained in art. 115 115 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 116 *) (1) For insured persons referred to in art. 109 109 para. (2) the expert doctor of social insurance prepares the individual recovery program, depending on the nature, stage and prognosis of the disease, structured in stages. (. The individual recovery programme shall be compulsory and shall be carried out by the competent bodies. (3) The right to social security benefits shall be suspended if the insured does not follow or does not comply with the individual recovery program. (4) After each stage provided for in the individual recovery program, the insured persons are subject to medical review. Depending on its results the expert doctor of social insurance, as the case may be, updates the individual recovery program, recommends the resumption of professional activity or proposes the retirement of disability. (5) Insurance who have regained their total or partial work capacity may reframe themselves in work according to the recommendations of the expert social insurance doctor, with the support of territorial pension houses and county agencies for employment. labor force and the city of Bucharest. ----------- Alin. ((5) of art. 116 116 has been amended by art. III of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 , published in MONITORUL OFFICIAL no. 707 of December 30, 2000, by replacing the name "county employment and training agencies and the city of Bucharest" with the name "county employment agencies and the city of Bucharest". *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowance for temporary incapacity for work, leave and allowances for the prevention of illnesses and recovery of the work capacity contained in art. 116 116 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 117 *) (1) The individual recovery program may include spa treatment that is not borne, according to the law, from health insurance, depending on the type of disease. (2) The duration of the spa treatment is 15-21 days and is established by the expert doctor of social insurance according to the type of condition and the nature of the treatment. (3) For insured persons referred to in art. 109 109 para. (2) the value of tickets for spa treatment is fully borne from the state social insurance budget. (4) They can benefit from spa treatment and other categories of pensioners and insured, within the limits of the fund allocated for spa treatment, with the support by the beneficiary of part of the cost of the spa treatment ticket. --------------- Alin. ((4) of art. 117 117 has been amended by section 55 55 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. (5) The criteria on the basis of which tickets for spa treatment are granted, as well as the level of the individual participation rate of the insured are approved annually by the CNPAS. (6) The premises for spa treatment will be provided in the treatment units of the CNPAS property and, in addition, through contracts concluded, according to the law, with other profile units. At the conclusion of the contracts will be taken into account the degree of request of the resort and the comfort category offered, as well as the maximum level of tariffs, which can be borne from the state social insurance budget, established by the CNPAS. --------------- Alin. ((6) of art. 117 117 has been introduced by section 56 56 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. (7) The criteria on the basis of which the rest tickets are granted, as well as the level of the individual participation rate of the insured are approved by Government decision. --------------- Alin. ((7) of art. 117 117 has been introduced by section 56 56 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. (8) The payment of services related to spa treatment tickets and rest tickets used is carried out by the CNPAS. --------------- Alin. ((8) of art. 117 117 has been introduced by section 56 56 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowance for temporary incapacity for work, leave and allowances for the prevention of illnesses and recovery of work capacity, contained in art. 117 117 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. **) According to para. ((4) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of November 29, 2005, are and the provisions remain in force art. 117 117 of Law no. 19/2000 , with subsequent amendments and completions, regarding the granting of tickets for spa treatment to pensioners and other categories of insured than those provided for by this emergency ordinance. + Section 3 Maternity allowance + Article 118 ((1) The insured shall be entitled, for a period of 126 calendar days, to leave for pregnancy and lauzia, during which they receive maternity allowance. (2) The same rights also benefit women who have ceased to pay the social security contribution, under the conditions of this law, but who give birth within 9 months from the date of loss of the quality of insured. ---------- *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on maternity leave and allowance contained in the art. 118 118 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 119 ((1) The leave for pregnancy is granted for a period of 63 days before birth, and the leave for lauzia for a period of 63 days after birth. ((2) The leave for pregnancy and lauzia shall be compensated for each other, depending on the recommendation of the doctor and the option of the beneficiary person. (3) Persons with disabilities insured shall receive, upon request, leave for pregnancy, starting with the 6th month of pregnancy. (4) If the child is born dead or dies during the period of lauzia leave, the maternity allowance shall be granted for the duration of the period. ---------- *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on maternity leave and allowance contained in the art. 119 119 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 120 (1) The monthly amount of the maternity allowance is 85% of the calculation base established according to art. 99. (1) The monthly amount of the maternity allowance is 85% of the calculation base established according to art. 99 99 para. ((1). -------------- Alin. ((1) of art. 120 120 has been amended by section 27 27 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. (2) The maternity allowance shall be borne in full from the state social insurance budget. ---------- *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on maternity leave and allowance contained in the art. 120 120 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Section 4 Child-rearing allowance or sick child care + Article 121 (1) Insurance shall be entitled to: a) leave and allowance for raising the child up to the age of 2 years and, in the case of the disabled child, until the age of 3, at any time until the child's fulfillment of these ages, only after performing the one a little 42 days of lauzia leave *). --------------- Lit. a) a par. ((1) art. 121 121 has been amended by section 4.2 7 7 of the single article of LAW no. 577 577 of 22 December 2003 , published in MONITORUL OFFICIAL no. 1 of 5 January 2004, which supplements art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003, with point 27 27 ^ 1. ------------ *) According to para. ((2) art. 28 of EMERGENCY ORDINANCE no. 148 148 of 3 November 2005 , published in MONITORUL OFFICIAL no. 1.008 of 14 November 2005, on the date of entry into force of this emergency ordinance, the provisions on parental leave and allowance, contained in art. 121 121 of Law no. 19/2000 , published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions. b) leave and allowance for the care of the sick child aged up to 7 years, and in the case of the disabled child, for intercurrent conditions, until reaching the age of 18. --------------- Lit. b) a par. ((1) of art. 121 121 has been amended by section 4.2 57 57 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. (2) The allowances provided in par. (1) shall be borne in full from the state social insurance budget. ------------- *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions relating to the sick child care leave and allowance contained in the art. 121 121 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 122 (1) Benefit, on request, from the allowance for raising the child, optionally, one of the parents, if the applicant meets the conditions of contribution period provided in art. 98 98 para. ((4). (2) Benefit from the allowance for the care of the sick child, optionally, one of the parents, if the applicant meets the conditions of contribution period provided in art. 98 98 para. ((2). (3) Benefit from the same rights, if it meets the conditions required by law for granting them, and the insured who, under the law, adopted, was appointed guardian, to whom children were entrusted or were given in foster care. -------------- Article 122 has been amended by section 4.2. 28 28 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions relating to the sick child care leave and allowance contained in the art. 122 122 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 123 (1) The allowance for raising the child until the age of 2 years is granted, upon request, on the basis of the family card or birth certificate *). --------------- Alin. ((1) of art. 123 123 has been amended by section 58 58 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. (2) The allowance for the growth of the disabled child until the age of 3 years is granted, upon request, on the basis of the family card or birth certificate, as well as of the certificate of disabled person, issued under the conditions law *). --------------- Alin. ((2) of art. 123 123 has been amended by section 58 58 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. (3) The allowance for the care of the sick child aged up to 7 years or of the disabled child with intercurrent conditions until reaching the age of 18 is granted on the basis of the certificate of sick leave issued by the family doctor and certificate for persons with disabilities issued, under the law, as the case may be *). ------------- *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions relating to the sick child care leave and allowance contained in the art. 123 123 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 124 The duration of the allowance provided for in art. 121 121 para. ((1) lit. b) is 14 calendar days per year for a child, except in situations where the child contracts contagious diseases, is immobilized in gipsat apparatus or is undergoing surgery; the duration of sick leave in these cases will be be determined by the family doctor. ------------- *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions relating to the sick child care leave and allowance contained in the art. 124 124 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 125 (1) The monthly gross amount of the allowance provided for in art. 121 121 para. ((1) lit. a) *) and b) is 85% of the calculation base established according to art. 99. (2) For the rights established after December 31, 2003, the monthly gross amount of the allowance provided for in art. 121 121 para. ((1) lit. a) is 85% of the average gross salary used to substantiate the state social insurance budget and approved by the state social insurance budget law. ---------- Article 125 has been amended by section 6.6. 8 8 of the single article of LAW no. 577 577 of 22 December 2003 , published in MONITORUL OFFICIAL no. 1 of 5 January 2004, amending section 29 29 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. *) According to para. ((2) art. 28 of EMERGENCY ORDINANCE no. 148 148 of 3 November 2005 , published in MONITORUL OFFICIAL no. 1.008 of 14 November 2005, on the date of entry into force of this emergency ordinance, the provisions on parental leave and allowance, contained in art. 125 125 of Law no. 19/2000 , published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions. *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions relating to the sick child care leave and allowance contained in the art. 125 125 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 125 ^ 1 In order to grant the leave and the allowance provided for in art. 121 121 para. ((1) lit. a), in the case of the insured person who adopted, was appointed guardian, to whom children were entrusted or were given in foster care, the period corresponding to the contribution period and the calculation base provided by the law shall be determined from the date on which, as the case may be, approved adoption, guardianship or placement was instituted, according to the law. -------------- Art. 125 ^ 1 was introduced by item 1. 9 9 of the single article of LAW no. 577 577 of 22 December 2003 , published in MONITORUL OFFICIAL no. 1 of 5 January 2004, which supplements art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003, with point 29 29 ^ 1. *) According to para. ((2) art. 28 of EMERGENCY ORDINANCE no. 148 148 of 3 November 2005 , published in MONITORUL OFFICIAL no. 1.008 of 14 November 2005, on the date of entry into force of this emergency ordinance, the provisions on parental leave and allowance, contained in art. 125 ^ 1 of Law no. 19/2000 , published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions. + Section 5-a Death benefit + Article 126 *) (1) In the event of the death of the insured or pensioner, only one person who proves that he has incurred the expenses occasioned by death and who may be, as the case may be, the surviving spouse, the child, the parent, the guardian, the curator, the heir, under the terms of the common law, or, in the absence thereof, any person who makes this proof. ------------ Alin. ((1) art. 126 126 has been amended by section 33 33 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 58 58 ^ 1. (2) The amount of the death benefit is established annually by the state social insurance budget law and may not be less than the value of the average gross salary on economy forecasted and made public by the CNPAS, according to the provisions of art. 5 5 para. ((3). + Article 127 (1) The insured or pensioner benefits from death benefit in the event of the death of a family member in his/her maintenance and who does not have a social security right. (2) It is considered a family member, within the meaning of this law: a) b) children of their own, adopted children, children in family placement or those entrusted for raising and educating the family, up to 18 years of age or, if they continue their studies, until their termination, without exceeding the age of 26, as well as children unable to work, regardless of age, if they have lost their work capacity before the mentioned ages; --------------- Lit. b) a par. ((2) of art. 127 127 has been amended by section 4.2 59 59 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. c) parents and grandparents of any of the spouses. (3) The death benefit due for a family member represents half of the amount provided in art. 126 126 para. ((2). + Article 128 The death benefit is borne from the state social insurance budget and is granted, on request, on the basis of the death certificate. + Section 6 Other provisions on social security rights + Article 129 If the employer ceases his activity or has expired the term for which the individual employment contract of the insured has been concluded, the social security rights provided for in art. 98 98 para. ((1) lit. a), c), d) *), e) and f) and in art. 109 109 para. ((1) lit. c), which were born before the ivirii of these situations, are paid from the state social insurance budget by the territorial pension houses, to be recovered from the employer, as the case may be, according to the law. ---------------- Article 129 has been amended by section 6.6. 30 30 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. + Article 130 *) For the insured person who is found in two or more situations provided in art. 5 and which carries out activity in several units, in each being provided under this law, the social security allowances are calculated and paid, as the case may be, by each employer or by the territorial pension houses, under the conditions Law. ---------- *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowance for temporary incapacity for work, leave and allowances for the prevention of illnesses and recovery of work capacity, maternity leave and allowance, leave and sick child care allowance, contained in art. 130 130 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 131 The duration of sick leave for tuberculosis, pregnancy, lauzia and care of the sick child does not diminish the number of sick days granted to an insured for the other conditions. ------------- *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowance for temporary incapacity for work, leave and allowances for the prevention of illnesses and recovery of work capacity, maternity leave and allowance, leave and sick child care allowance, contained in art. 131 131 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 132 *) (1) Medical leave granted with interruption between them shall be taken into account separately, their duration not being cumulated, and the payment shall be borne according to art. 101 101 and 102. (2) If, in the same month, an insured has two or more sick leave for different conditions, without interruption between them, the temporary incapacity allowance shall be calculated and borne separately and the payment shall be paid. make according to art 101 101 and 102. ------------ *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowance for temporary incapacity for work, leave and allowances for the prevention of illnesses and recovery of work capacity, maternity leave and allowance, leave and sick child care allowance, contained in art. 132 132 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 133 (1) Calculation and payment of social security allowances provided in art. 98 98 para. ((1) lit. a), b), c) and e) shall be made on the basis of the medical certificate issued under the law, which constitutes a payment order, or, as the case may be, on the basis of the application, accompanied by supporting documents, in the case of the allowance provided for in 98 98 para. ((1) lit. d). (2) The calculation and payment of the social security allowance shall be made monthly by: a) employer, at the latest with the liquidation of the salary rights for that month, for the insured persons referred to in art. 5 5 para. ((1) pt. I and II; b) the institution that manages the unemployment insurance budget, within 3 days from the date of submission of the medical certificate or, as the case may be, of the application for the granting of the parental allowance, in the case of unemployed persons; c) the territorial pension house, within 3 days from the date of submission of the medical certificate or the application for the granting of the parental allowance, for the insured persons referred to in art. 5 5 para. ((1) pt. IV, V and para. ((2). (3) The amount of social security allowances granted for a period of more than 90 days may be indexed with the indexation of the value of the pension point, under the conditions established by Government decision. ------------- Art. 133 has been amended by section 10 10 of the single article of LAW no. 577 577 of 22 December 2003 , published in MONITORUL OFFICIAL no. 1 of 5 January 2004, amending section 31 31 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowance for temporary incapacity for work, leave and allowances for the prevention of illnesses and recovery of work capacity, maternity leave and allowance, leave and sick child care allowance, contained in art. 133 133 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 133 ^ 1 *) (1) The calculation and payment of social security allowances can also be made by the CNPAS or the territorial pension houses, for the amounts that are borne from the state social insurance budget. (2) The methodology for the application of para. ((1) is established by order of the Minister of Labour, Family and Social Protection * *). ---------------- Art. 133 ^ 1 was introduced by item 34 34 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 62 62 ^ 1. *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowance for temporary incapacity for work, leave and allowances for the prevention of illnesses and recovery of work capacity, maternity leave and allowance, leave and sick child care allowance, contained in art. 133 ^ 1 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 134 ((1) The CNPAS, through the National Institute of Medical Expertise and Work Capacity Recovery, organizes, directs and controls the work of medical expertise and work capacity recovery. (2) Based on the methodological norms issued, the CNPAS performs, through the territorial pension houses, the control over the correctness of the granting of sick leave, the observance of the recovery programs and the opportunity to establish them ------------ Article 134 has been amended by section 4.2. 11 11 of the single article of LAW no. 577 577 of 22 December 2003 , published in MONITORUL OFFICIAL no. 1 of 5 January 2004, which supplements art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003, with point 31 31 ^ 1. *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowance for temporary incapacity for work, leave and allowances for the prevention of illnesses and recovery of the work capacity contained in art. 134 134 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 135 The death benefit shall be paid within 24 hours of the request by: a) employer, in case of death of the insured provided in art. 5 5 para. ((1) pt. I and II, respectively of a family member thereof; -------------- Lit. a) of art. 135 135 has been amended by section 4.2 32 32 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. b) the institution that manages the budget of the Fund for the payment of unemployment benefits, in the event of the death of the unemployed, respectively of a family member c) the territorial pension house, in the event of the death of the pensioner or the insured provided in art. 5 5 para. ((1) pt. IV, V or para. ((2), respectively of a family member of the latter. --------------- Lit. c) of art. 135 135 has been amended by section 4.2 63 63 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 136 *) (1) Social insurance allowances shall be paid to the beneficiary, legal representative or trustee designated by special power of attorney. (2) Social insurance allowances due for the current month and unpaid to the deceased insured shall be paid to the surviving spouse, children, parents or, in the absence thereof, to the person who proves that he has cared for him until the date of death. ------------- *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowance for temporary incapacity for work, leave and allowances for the prevention of illnesses and recovery of work capacity, maternity leave and allowance, leave and sick child care allowance, contained in art. 136 136 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 137 *) (1) Allowances and social security aids may be requested, on the basis of supporting documents, within the limitation period of 3 years, calculated from the date on which the beneficiary was entitled to request them. (2) The amount of social security allowances and aid requested according to par. (1) shall be paid at the level due for the period provided for in the unhonored medical certificate or, as the case may be, at the date of death, entered in the ------------- *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowance for temporary incapacity for work, leave and allowances for the prevention of illnesses and recovery of work capacity, maternity leave and allowance, leave and sick child care allowance, contained in art. 137 137 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Article 138 *) ((. The payment of social security benefits shall cease from the day following that in which: a) the beneficiary has died; b) the beneficiary no longer meets the legal conditions for granting allowances; c) the beneficiary has established his domicile on the territory of another state with which Romania has no social insurance convention; d) the beneficiary has established his domicile on the territory of a state with which Romania has concluded social insurance convention, if within it it is stipulated that the allowances are paid by the other state. (2) Payment of social security allowances provided in art. 121 121 para. ((1) lit. a) is suspended, at the request of the beneficiary or during the period in which he is deprived of the parental rights, respectively from the right to be a guardian, or if the child is abandoned or admitted to a protection institution. ------------- Alin. ((2) art. 138 138 has been amended by section 35 35 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 63 63 ^ 1. *) According to para. ((2) art. 28 of EMERGENCY ORDINANCE no. 148 148 of 3 November 2005 , published in MONITORUL OFFICIAL no. 1.008 of 14 November 2005, on the date of entry into force of this emergency ordinance, the provisions on parental leave and allowance, contained in art. 138 138 of Law no. 19/2000 , published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions. (3) Resumption in payment of the social insurance allowance suspended according to par. ((2) shall be made on request, from the day following that in which the cause of suspension has ceased. ------------ According to para. ((2) art. 28 of EMERGENCY ORDINANCE no. 148 148 of 3 November 2005 , published in MONITORUL OFFICIAL no. 1.008 of 14 November 2005, on the date of entry into force of this emergency ordinance, the provisions on parental leave and allowance, contained in art. 138 138 of Law no. 19/2000 , published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions. ((4) Abrogat. ---------- Alin. ((4) of art. 138 138 has been repealed by section 6.6. 33 33 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. ---------- *) According to para. ((1) art. 60 of EMERGENCY ORDINANCE no. 158 158 of 17 November 2005 , published in MONITORUL OFFICIAL no. 1.074 of 29 November 2005, on the date of entry into force of this emergency ordinance, the provisions on leave and allowance for temporary incapacity for work, leave and allowances for the prevention of illnesses and recovery of work capacity, maternity leave and allowance, leave and sick child care allowance, contained in art. 138 138 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. + Chapter VI National Pension House and Other Social Insurance Rights + Article 139 (1) The CNPAS is an autonomous public institution of national interest, with legal personality, which manages and manages the public pension system and other social security rights. (2) The CNPAS headquarters is in Bucharest. (3) The pension house of Bucharest and the county pension houses are public services, invested with legal personality. + Section 1 Organizing CNPAS + Article 140 (1) The management of the CNPAS is made up of the president and the board of directors, composed of 19 persons, including a president and 18 members. (2) The president of the CNPAS is appointed by decision of the Prime Minister, at the proposal of the Minister of Labour, Family and Social Protection *), for a term of 4 years, which can be renewed. The CNPAS president also serves as chairman of the board of directors. ------------- Alin. ((2) of art. 140 140 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 69 69 of 13 September 2006 , published in MONITORUL OFFICIAL no. 788 788 of 18 September 2006. (2 ^ 1) The President exercises a function assimilated to the functions of public dignity. ------------- Alin. (2 ^ 1) of art. 140 140 has been introduced by section 5 5 of art. I of EMERGENCY ORDINANCE no. 69 69 of 13 September 2006 , published in MONITORUL OFFICIAL no. 788 788 of 18 September 2006. (2 ^ 2) The president has the rank of secretary of state and is salarized at the level provided by law for this position. ------------- Alin. (2 ^ 2) of art. 140 140 has been introduced by section 5 5 of art. I of EMERGENCY ORDINANCE no. 69 69 of 13 September 2006 , published in MONITORUL OFFICIAL no. 788 788 of 18 September 2006. (3) The Minister of Labour, Family and Social Protection *) is the principal authorising officer for the state social insurance budget and will delegate the powers provided by the legal provisions in force for the principal authorising officer of the budget the executive head of the CNPAS. ------------- Alin. ((3) art. 140 140 has been amended by RECTIFICATION no. 294 294 of 30 December 2000 , published in MONITORUL OFFICIAL no. 21 21 of 15 January 2001. (4) The members of the board of directors are representatives of the Government, the patronage and the insured, as follows: a) 5 representatives of the Government, appointed by the Minister of Labour, Family and Social Protection *); b) 5 representatives of the patronage, appointed by the representative employers ' associations at national level; c) 8 representatives of the insured, of which: -5 representatives of trade unions appointed by representative trade union organisations at national level; -3 representatives of pensioners, appointed by national pensioners ' organizations. ------------ Alin. ((4) of art. 140 140 has been amended by section 1 1 of art. II of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 , published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000. (5) National employers ' associations and trade union organisations meeting the conditions laid down by the Law no. 130/1996 on the collective agreement, republished. ------------ Alin. ((5) of art. 140 140 has been amended by section 1 1 of art. II of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 , published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000. (6) Members of the Management Board shall be appointed for a period of 4 years. ------------ Alin. ((6) of art. 140 140 has been amended by section 1 1 of art. II of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 , published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000. (7) The Board of Directors shall lawfully operate in the presence of at least 13 of its members. (8) During the term of office, the chairman and members of the board of directors may be revoked by those who appointed them, respectively. ------------ Alin. ((8) of art. 140 140 has been amended by section 6 6 of art. I of EMERGENCY ORDINANCE no. 69 69 of 13 September 2006 , published in MONITORUL OFFICIAL no. 788 788 of 18 September 2006. (9) In the event of termination of the mandate, as a result of revocation, resignation or death, other persons shall be appointed, respectively, until the expiry of the original term of office. ------------ Alin. ((9) of art. 140 140 has been amended by section 7 7 of art. I of EMERGENCY ORDINANCE no. 69 69 of 13 September 2006 , published in MONITORUL OFFICIAL no. 788 788 of 18 September 2006. + Article 141 (1) The CNPAS elaborates its own status that is approved by Government decision and shall be published in the Official Gazette of Romania, Part I. (2) The statute will necessarily include the duties of the board of directors, the president of the CNPAS, the organization and functioning of the CNPAS, as well as the duties of the territorial pension houses. --------------- Alin. ((2) of art. 141 141 has been amended by section 64 64 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 142 ((1) The expenses related to the organization and functioning of the public pension system shall be borne by the state social insurance budget, within the limit of up to 3% applied on the total annual expenditure provided by the budget law state social insurance, including on expenses from other sources attracted, under the law. ----------- Alin. ((1) art. 142 142 has been amended by section 2 2 of the single article of LAW no. 200 200 of 21 October 2008 , published in MONITORUL OFFICIAL no. 725 725 of 27 October 2008, amending section 20 20 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. ((2) The amounts necessary for the administration and management of the affiliation process to privately managed pension funds, those occasioned by the transfer of the contribution to these funds, as well as the other related expenses shall be borne from the insurance budget state social, within the limit of the percentage provided in par. ((1). ------------ Article 142 has been amended by section 4.2. 20 20 of art. I of EMERGENCY ORDINANCE no. 91 91 of 26 September 2007 , published in MONITORUL OFFICIAL no. 671 671 of 1 October 2007. This amendment shall apply from 1 January 2008. + Article 143 The salary of the CNPAS staff, the territorial pension houses, as well as the allowances of the members of the board of directors are established by law. ------------ Article 143 has been amended by section 6.6. 3 3 of art. II of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 , published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000. + Section 2 CNPAS tasks + Article 144 In application of the provisions of the present law, the CNPAS a) directs and controls the application of legal provisions by the territorial pension houses, directs and verifies the legal and physical persons to whom rights and obligations arising from this law accrue; ------------- Lit. a) a art. 144 144 has been amended by section 4.2 36 36 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 65 65 ^ 1. b) provide the necessary data for the foundation and elaboration of the state social insurance budget; c) presents to the Government and social partners reports on how to manage the state social insurance budget; d) publish its activity report biannually; e) collect and veer social security contributions and other types of contributions, according to the legal provisions in force; *) f) aims to collect the revenues of the state social insurance budget; organizes, guides and controls the activity on the execution of budgetary claims, according to the legal provisions in force *); -------------- Lit. f) a art. 144 144 has been amended by section 4.2 36 36 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 65 65 ^ 1. g) take measures, under the law, for the efficient development and administration of the public system patrimony, as well as for ensuring its integrity; h) takes measures, under the law, for the protection of social insurance funds; i) ensure the national record of all taxpayers to the public system; j) ensure the record of social security rights and obligations at national level, based on the personal social insurance code; k) certifies the annual contribution period and the score for each insured; l) control the work of medical expertise and work capacity recovery; ------------- Lit. l) a art. 144 144 has been amended by section 4.2 12 12 of the single article of LAW no. 577 577 of 22 December 2003 , published in MONITORUL OFFICIAL no. 1 of 5 January 2004, which supplements art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003, with point 33 33 ^ 1. m) applies the provisions of the international social insurance conventions to which Romania is a party; n) develop relations with similar bodies in the field of social insurance in other countries, based on the conventions concluded by the Romanian state; o) organize the selection, preparation and professional improvement of social security personnel; p) ensures the introduction, extension, maintenance and protection of automated computing and recording systems; r) ensures representation before the courts in disputes in which it is involved as a result of the application of the provisions of this law; s) performs any other duties established by legal provisions. + Article 144 ^ 1 The attributions of the CNPAS, according to the law, are subject to the control of the Ministry of Labour, Family and Social Protection --------------- Art. 144 ^ 1 was introduced by item 66 66 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Chapter VII Legal liability + Article 145 Violation of the provisions of this law attracts material, civil, contravention or criminal liability, as the case may + Section 1 Offences + Article 146 The act of the person who orders the use for other purposes and the non-irritation to the state social insurance budget of the social security contribution, retained from insured, constitutes a crime and is punishable by imprisonment from 6 months to 2 years or with fine. + Article 147 Completion of the type forms on social security contribution by the official with unreal data, having as effect the distortion of the records on insured persons, the contribution period or the social security contribution or the expenses unjustified from the state social insurance budget constitutes a crime of intellectual forgery and is punished according to the provisions of the Criminal Code + Section 2 Contraventions + Article 148 It constitutes a contravention of the following facts, if not committed under such conditions that, according to the criminal law, to constitute crimes: a) the non-submission of the declaration referred to in art. 6 6 para. ((1); b) non-submission of the insurance declaration referred to in art. 6 6 para. ((2); c) non-compliance with social security contribution quotas established according to art. 18 18 para. ((3) and art. 21 21; d) non-compliance with the methodology of employment under special working conditions, according to art. 19 19 para. ((2)-(5); e) non-compliance with 23 23, 24 and 25 on the basis for calculating the social security contribution; f) non-compliance with 31 on late increases in payment of social security contribution *); -------------- Letter f) of art. 148 was amended by para. ((2) art. IV of LAW no. 210 210 of 4 July 2005 , published in MONITORUL OFFICIAL no. 580 580 of 5 July 2005. g) non-compliance with 96 on the obligation to announce the changes for the granting of the pension; h) non-payment by the employer of social insurance allowances that are borne from own funds, according to the provisions of art. 101 101 and 102; i) the calculation and erroneous payment of social security allowances and aid by the institution that makes the payment according to the provisions of art. 133 133 and 135; j) non-compliance with 189 189; k) neviration, under the law, to the state social insurance budget of the social security contribution to the deadlines provided in art. 29 29; ------------ Lit. k) a art. 148 148 has been amended by section 4.2 37 37 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 446 of 25 June 2002, amending section 67 67 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. k ^ 1) neviration, under the law, to the state social insurance budget of the state social insurance contribution, for 3 consecutive months; ------------- Lit. k ^ 1) a art. 148 148 was introduced by section 4.2. 38 38 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 67 67 ^ 1. l) refusal to provide control bodies of the Ministry of Labour, Family and Social Protection, territorial labour and social protection directorates and authorized personnel of the CNPAS and territorial pension houses the supporting documents and the necessary documents for the establishment of social security obligations, as well as for the recovery of claims through forced execution *). -------------- Lit. l) a art. 148 148 has been amended by section 4.2 37 37 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 446 of 25 June 2002, amending section 67 67 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. m) non-compliance with 160 160 para. ((7). ------------- Lit. m) a art. 148 148 was introduced by section 4.2. 1 1 of the single article of LAW no. 44 44 of 8 March 2006 , published in MONITORUL OFFICIAL no. 220 220 of 10 March 2006. + Article 149 The contraventions provided in art. 148 148 shall be sanctioned as follows: a) those referred to in lett. b), c), f), g), i) and m), with a fine from 300 lei (RON) to 600 lei (RON); ------------ Lit. a) a art. 149 149 has been amended by section 4.2 2 2 of the single article of LAW no. 44 44 of 8 March 2006 , published in MONITORUL OFFICIAL no. 220 220 of 10 March 2006. b) those referred to in lett. a), d), e), h), j), k) and l), with a fine from 15,000,000 lei to 50,000,000 lei; c) those referred to in lett. k ^ 1), with a fine of 50,000,000 lei to 100,000,000 lei. ------------ Article 149 has been amended by section 38 38 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 67 67 ^ 2. + Article 150 Level of fines, provided for in art. 149, will be updated by Government decision. + Article 151 (1) Finding the contraventions provided in art. 148 lit. c), e), f), h), i), k) and k ^ 1) and the application of the corresponding fines shall be made by the control bodies of the Ministry of Labour, Family and Social Protection *) and territorial labour and social protection departments. (2) Finding the contraventions provided in art. 148 lit. a), b), d), g), i), j) and l) and the application of the corresponding fines shall be made by the authorized staff of the CNPAS and the territorial pension houses designated by decision of the President of the CNPAS. (3) By withholding a quota of 15% of the amount of fines imposed and collected, a fund for granting incentives to the categories of personnel provided in par. ((1) and (2). ------------ Article 151 has been amended by section 1. 38 38 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 67 67 ^ 3. + Article 152 The contravention fines, applied according to this law, constitute income to the state social insurance budget. + Article 153 (1) The provisions of this Law, regarding the establishment and sanctioning of contraventions, shall be supplemented by the Law no. 32/1968 * *) on the establishment and sanctioning of contraventions, as amended. (2) The provisions of this Law, regarding the obligations to the state social insurance budget, shall be supplemented by the provisions Law no. 87/1994 to combat tax evasion. Note
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* *) Law no. 32/1968 on the establishment and sanctioning of contraventions was repealed by Government Ordinance no. 2/2001 on the legal regime of contraventions, published in the Official Gazette of Romania, Part I, no. 410 of July 25, 2001, approved with amendments and completions by Law no. 180/2002 .. At art. 48 of Government Ordinance no. 2/2001 it is stipulated that whenever in a special law or other previous normative act a reference is made to Law no. 32/1968 on the establishment and sanctioning of contraventions, it shall be counted against the corresponding provisions of the Government Ordinance no. 2/2001 .
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+ Chapter VIII Social security jurisdiction + Article 154 (1) The jurisdiction of social insurance is carried out through courts and appeals courts. (2) On the date of entry into force of this Law shall be organized social security sections or, as the case may be, complete specialized social insurance at the level of courts and courts of appeal, in compliance with the conditions provided by Law no. 92/1992 for the judicial organization, republished, as amended. (3) For the application of paragraph 1 (1) and (2) the maximum number of posts of judges and auxiliary staff shall be supplemented by Government decision. + Article 155 The courts shall in the first instance settle disputes concerning: a) the calculation and submission of the social security contribution; b) the way of determining the delay increases *); -------------- Letter b) of art. 155 was amended by para. ((2) art. IV of LAW no. 210 210 of 4 July 2005 , published in MONITORUL OFFICIAL no. 580 580 of 5 July 2005. c) registration, record and certification of the social security contribution; d) retirement decisions; e) unjustified refusal to resolve an application for social security rights; f) the way of establishment and payment of pensions, allowances and other social security rights; g) complaints against the minutes of contraventions concluded under this law; h) appeals against enforcement measures, ordered under this law; i) other rights and obligations of social insurance born under this law. + Article 156 Applications directed against the CNPAS or against territorial pension houses shall be addressed to the court in whose territorial area the applicant is domiciled or established. The other applications are addressed to the court in whose territorial area the defendant is domiciled or domiciled. + Article 157 (1) The courts of appeal may appeal to the courts of appeal. (2) The decisions of the courts of appeal, as well as the judgments of the courts, uncontested with appeal within the period, shall be final and irrevocable. + Article 158 The provisions of this law, regarding the jurisdiction of social security, shall be supplemented by the provisions of the Civil Procedure Code Law no. 92/1992 , republished, as amended. + Article 159 Applications before any organs or courts, as well as all procedural acts in relation to disputes, having as their object rights or obligations of social security, are exempt from any kind of stamp duty. + Chapter IX Transitional provisions + Article 160 (1) Vechimea in work recognized for the establishment of pensions until the entry into force of this law constitutes a contribution period. (2) It constitutes a contribution period and periods in which, prior to the entry into force of this law, a person: a) was in one of the situations provided in art. 38 38; b) benefited from the provisions Decree-Law no. 118/1990 , republished, as amended. (3) It constitutes a contribution period and the useful time in retirement made by farmers, under the conditions regulated by Law no. 80/1992 on pensions and other social security rights of farmers, republished, as amended, as well as the previous one Law no. 80/1992 . ((4) Persons to whom, until the date of entry into force of this Law, have not been calculated their useful time on the basis Law no. 80/1992 , republished, as amended, will be able to request the territorial pension houses to establish the useful time. ------------ Alin. ((4) art. 160 160 has been amended by section 39 39 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 67 67 ^ 4. ((5) Proof of seniority in work, of the useful time in retirement for farmers and the duration of insurance, carried out until the entry into force of this law, is made with the work card, social insurance card or other acts provided by law, on the basis of which it can be established that the social security contribution has been paid. (6) The certification of the contribution period, made before the entry into force of this law, is carried out by the CNPAS through the territorial pension houses, as the data from the supporting documents provided in par. ((5). (7) The applications made in writing regarding any acts provided by law to provide proof of seniority, of the useful time in retirement for farmers and of the contribution period, necessary for the purposes of the work, shall be exempt from any fees and commissions. to establish or complete the retirement file. These requests will be answered in writing, within a maximum of 30 days, by registered letter, if this is required by the original petition. ------------- Alin. ((7) art. 160 160 has been introduced by section 3 3 of the single article of LAW no. 44 44 of 8 March 2006 , published in MONITORUL OFFICIAL no. 220 220 of 10 March 2006. + Article 161 (1) If in the work card, in the social insurance card or in any other act provided by law were registered hourly wages or salaries per day, the monthly salaries will be calculated by multiplying the hourly wages or, as the case may be, daily with the average number of hours per month, respectively the average number of working days per month of the respective periods, as follows: a) 25.5 days (204 hours) per month, for periods prior to 1 January 1978; b) 24.5 days (196 hours) per month, for the period from 1 January 1978 to 1 March 1990; c) 23.6 days (189 hours) per month, for the period from 1 March 1990 to 30 September 1990; d) 21.25 days (170 hours) per month, for the period from 1 October 1990 to 1 January 1997; e) 21.16 days (169,33 hours) per month, for 1997; f) 21.25 days (170 hours) per month, for the year 1998; g) 21.50 days (172 hours) per month, for the year 1999; h) for the year 2000 and still the average number of days and, respectively, working hours on Monday will be calculated according to the provisions Law no. 75/1996 for the establishment of public holidays in which they are not working. (2) Given that, for a certain period constituting the contribution period, the salary rights are not registered in the work card, the insured may present their supporting documents. Otherwise, at the determination of the average annual score, the minimum wage per country is used, in force during that period *). -------------- Alin. ((2) of art. 161 161 has been amended by section 3 3 of art. I of EMERGENCY ORDINANCE no. 19 19 of 21 March 2007 , published in MONITORUL OFFICIAL no. 208 208 of 28 March 2007. (3) I am an exception to the application of the provisions ((2) the periods prior to January 1, 1963 for which, when determining the average annual score, shall be used: a) a point for each month of contribution period made in the periods prior to September 1, 1947, regardless of the level of salary rights recorded in the work card or proven or for which in the work card are not registered salary rights; b) a point for each month of contribution period made in the periods between September 1, 1947 and December 31, 1962 and for which the salary rights are not registered in the work card, nor are they proven; c) one point for each month of contribution period made in the periods between September 1, 1947 and December 31, 1962, in a situation where by capitalizing on the salary rights from the supporting documents, for each month of contribution period, a number of points lower than that provided in lett. b) *). -------------- Alin. ((3) of art. 161 161 has been introduced by section 4 4 of art. I of EMERGENCY ORDINANCE no. 19 19 of 21 March 2007 , published in MONITORUL OFFICIAL no. 208 208 of 28 March 2007. (4) If, for periods after August 31, 1947, undenominated salary rights are registered in the supporting documents, they will be denominated according to monetary reforms *). -------------- Alin. ((4) of art. 161 161 has been introduced by section 4 4 of art. I of EMERGENCY ORDINANCE no. 19 19 of 21 March 2007 , published in MONITORUL OFFICIAL no. 208 208 of 28 March 2007. (5) Provisions of para. ((3) and (4) shall apply for all periods constituting the contribution period in the public system, except for the assimilated periods provided by law *). -------------- Alin. ((5) of art. 161 161 has been introduced by section 4 4 of art. I of EMERGENCY ORDINANCE no. 19 19 of 21 March 2007 , published in MONITORUL OFFICIAL no. 208 208 of 28 March 2007. + Article 162 (1) For persons insured in other social security systems, integrated into the state social insurance system until the date of entry into force of this law, the determination of the score shall be taken into account, as the case may be, the minimum wage, the insured income stipulated in the insurance contract to which the social security contribution or salary was paid, including the other rights, recorded in the work card. ((2) As from 1 September 2007, the annual score for each useful year carried out in the former cooperative agricultural establishments and for each year of contribution made by peasants with an individual household in the non-cooperative areas concerned, by the date of entry into force of Law no. 80/1992 , republished, as amended, represents 0,57255 points *). ---------------- Alin. ((2) of art. 162 162 has been amended by section 9 9 of art. I of LAW no. 250 250 of 19 July 2007 , published in MONITORUL OFFICIAL no. 486 486 of 19 July 2007. ((3) For the contribution periods made in accordance with Law no. 80/1992 , republished, as amended, and until the entry into force of this law, the insured income to which the social insurance contribution was paid shall be taken into account when determining the annual score. + Article 163 (1) For the assimilated periods, which constituted seniority in the useful work in retirement considered under the law until the entry into force of this law, the annual score of the insured shall be used, as the case may be, the minimum wage gross or net economy, respectively the minimum gross basic salary per country of the respective periods. (2) They are exempted from the provisions of par. (1) periods recognised under the conditions Decree-Law no. 118/1990 , republished, as amended, for which the equivalent of 1.5 minimum wages on gross or net economy, as the case may be, from the respective periods, shall be used for determining the annual score of the insured. (3) The provisions of par. (1), regarding the establishment of the annual score, shall also apply to periods in which, prior to the entry into force of this law, a person was in one of the situations provided in art. 38. --------------- Alin. ((3) of art. 163 163 has been introduced by section 69 69 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 164 ((1) In determining the annual scores, until the entry into force of this Law, gross or net salaries shall be used, as the case may be, in accordance with the manner of their registration in the work card, as follows: a) gross salaries, until July 1, 1977; b) net salaries, from 1 July 1977 to 1 January 1991; c) gross salaries, as of January 1, 1991. (2) When determining the annual scores, in addition to the salaries provided in par. (1) the bonuses that were part of the pension calculation basis according to the previous legislation and which are registered in the work card are also considered. (3) When determining the annual scores, in addition to the salaries provided in par. (1) are also considered permanent bonuses, which, after April 1, 1992, were part of the pension calculation basis according to the previous legislation and which are registered in the work card or are proven with certificates. issued by units, according to the legislation in force The old age which is used in determining the annual scores shall be as follows: a) period 1 March 1970-1 September 1983: 3 3% for a total length of work between 5-10 years; 5 5% for a total working age between 10-15 years; 7 7% for a total working age between 15-20 years; 10 10% for a total work of more than 20 years; b) period 1 September 1983-1 April 1992: 3 3% for a total length of work between 3-5 years; 6 6% for a total length of work between 5-10 years; 9 9% for a total working age between 10-15 years; 12 12% for a total working age between 15-20 years; 15% for a seniority in total work over 20 years. (4) For the period after 1 April 1992, the old age used in determining the annual scores shall be that recorded in the work card. (5) The average and minimum annual salaries on economy, gross or net, as the case may be, until the entry into force of this Law are presented in Annexes no. 6 6 and 7. (6) For the periods prior to 1938, as well as for the period between 1939-1946 inclusive, the average annual salary corresponding to 1938 is used at the establishment of the average annual score. (7) For the periods prior to 1949, the minimum wage corresponding to 1949 will be used. (8) The provisions of par. (2)-(7) shall apply, upon request, to persons whose pension rights were established between April 1, 2001 until the date of entry into force of the law approving this emergency ordinance. -------------- Article 164 has been amended by section 40 40 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 69 69 ^ 1. + Article 165 (1) Insurance that contributed to the Fund for supplementary pension by 2%, 3% and 5%, respectively, benefits from an increase in the score, determined by applying the following percentages to the annual scores made during these periods, as follows: a) 16% for the period from 1 January 1967 to 1 January 1973; b) 13% for the period from 1 January 1973 to 1 January 1978; c) 14% for the period from 1 January 1978 to 1 July 1986; d) 21% for the period from 1 July 1986 to 1 November 1990; e) 15% for the period from 1 November 1990 to 1 April 1991; f) 14% for the period from 1 April 1991 to 1 April 1992; g) 13% for the period from 1 April 1992 to 1 January 1999; h) 22% for the period from 1 January 1999 to 1 February 1999; i) 17% for the period after 1 February 1999. (2) Insurance that contributed 4% to the Fund for the supplementary pension benefits from an increase in the score, determined by applying the following percentages to the annual scores made during these periods, as follows: a) 26% for the period from 1 July 1977 to 1 January 1978; b) 28% for the period from 1 January 1978 to 1 July 1986. + Article 165 ^ 1 *) (1) The pensioners of the public pension system whose pension rights have been established according to the legislation prior to 1 April 2001, which have carried out activities in places classified in Group I and/or Group II of work, benefit from a increase of the annual scores achieved during these periods, as follows: a) by 50% for the periods during which they carried out activities in places classified in group I of work; b) by 25% for the periods during which they carried out activities in places classified in the second group of work. (2) Provisions of para. ((1) does not apply if, when recalculating pensions in accordance with the provisions Government Emergency Ordinance no. 4/2005 on the recalculation of pensions in the public system, originating from the former state social insurance system, approved with additions by Law no. 78/2005 , with subsequent completions, for the determination of the average annual score, the seniority was used in the work necessary to open the pension right provided by normative acts of a special nature. (3) By increasing the annual scores provided in par. (1) also benefits persons whose pension rights opened between April 1, 2001 and November 2, 2008 inclusive, in compliance with the conditions provided in art. 78 ^ 2 para. ((2). -------------- Article 165 ^ 1 has been amended by section 1. 3 3 of art. I of EMERGENCY ORDINANCE no. 209 209 of 4 December 2008 , published in MONITORUL OFFICIAL no. 826 826 of 9 December 2008. + Article 166 The annual score made until the entry into force of this law is not subject to the ceiling provided in art. 78. + Article 167 (1) From the date of entry into force of this Law until the date on which the full contribution periods required are 30 years for women and 35 years for men: a) persons who have carried out activities under this law in particular working conditions benefit from the reduction of the standard retirement ages, in compliance with the conditions provided in art. 42, in relation to the standard retirement ages set out in Annex no. 3 3; b) persons who have carried out activities under this law under special working conditions benefit from the reduction of the standard retirement ages under the conditions laid down in Annexes no. 4 4 and 5. ----------- The initial text of art. 167 became par. ((1) of art. 167 167 according to section 70 70 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. (2) For the period April 2001-November 2014 the standard retirement age and the full contribution period, within the meaning of art. 49 49 and 50, are those set out in Annex no. 3, to which the insured would be entitled to an old-age pension in relation to the date of birth. ----------- Alin. ((2) of art. 167 167 has been introduced by section 70 70 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 167 ^ 1 *) (1) Within a period of 10 years from the date of entry into force of this Law, persons who carried out activities classified in group I of work, under the previous legislation, may apply for old-age pension with age reduction standard of retirement, according to table no. 4. Table No 4 ------------------------------------------------------------------------------ The contribution period actually achieved, Reducing the standard ages under the previous, retirement legislation provided for in in group I of work Annex no. 3 ((years) (years) (months) ------------------------------------------------------------------------------ 2 2 1 2 4 4 2 5 6 6 3 7 8 8 4 10 10 10 6 0 12 12 7 2 14 14 8 5 16 16 9 7 18 18 10 10 20 20 12 0 22 22 13 0 24 24 14 0 26 26 and more than 15 0 ------------------------------------------------------------------------------ ------------- Alin. ((1) of art. 167 ^ 1 has been amended by section 4.2 10 10 of art. I of LAW no. 250 250 of 19 July 2007 , published in MONITORUL OFFICIAL no. 486 486 of 19 July 2007. (2) Low retirement ages according to the provisions of par. ((1) may not be less than 50 years. (3) The provisions of par. (1) shall also apply to insured persons referred to in art. 20, if they are more advantageous than those stipulated in Annexes no. 4 4 and 5. (4) The standard retirement ages from which the reduction provided for in Table no. 4 are those corresponding to the year, namely the month in which the pension right is opened, set out in Annex no. 3, under the conditions of the complete contribution period corresponding to the year, namely the month in which the pension right opens. ((5) Reducing standard retirement ages based on table no. 4 may not be cumulated with the other reductions provided by this law or by the special laws. -------------- Article 167 ^ 1 has been amended by point (a) 41 41 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 446 of 25 June 2002, amending section 71 71 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. * *) Under the single article of EMERGENCY ORDINANCE no. 24 24 of 29 March 2006 , published in MONITORUL OFFICIAL no. 287 of 30 March 2006, the application of the provisions is extended until 31 December 2008 art. 167 ^ 1 of Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 140 of 1 April 2000, with subsequent amendments and completions. + Article 167 ^ 2 During the spread of the standard retirement ages and the contribution periods set out in Annex no. 3, the application for retirement together with the supporting documents shall be submitted by the applicant or, as the case may be, by the employer, 30 calendar days before the date of fulfilment of the retirement conditions provided by law, at the territorial pension house in whose territorial area the applicant's domicile is located. --------------- Article 167 ^ 2 has been amended by section 2. 5 5 of art. I of LAW no. 49 49 of 19 March 2010 , published in MONITORUL OFFICIAL no. 195 195 of 29 March 2010. + Article 168 (1) The government will take measures to recorelate *) of all categories of pensions, given the changes produced in the basis of their calculation since 1991, as a result of the transition to gross individual salaries, the consideration of bonuses with permanent character, as well as the increase of salaries in the budget sector or their negotiation with commercial companies and autonomous kings. (2) The methodology for the recorelation of pensions under the conditions provided in par. (1) will be established by Government decision, within 30 days from the date of publication of the present law in the Official Gazette of Romania, Part I. (3) After the entry into force of this law, based on the analysis of the results of the recoreation applied according to the (1) and (2) The Government may adopt additional measures to recorelate pensions established on the basis of previous legislation. ----------- Alin. ((3) of art. 168 168 has been introduced by section 72 72 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. (4) The program and the methodology for recorelation of pensions, according to the provisions of (3), shall be established by Government decisions. ----------- Alin. ((4) of art. 168 168 has been introduced by section 72 72 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. (5) In the case of social security pensions of farmers, established before July 29, 1992, the recorelation of pensions is based on the determination of the useful time according to the methodology that was used to apply the provisions Law no. 80/1992 , republished, as amended. ----------- Alin. ((5) of art. 168 168 has been introduced by section 72 72 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 169 ((1) The pension may be recalculated by the addition of uncapped contribution internships to its establishment. ((1 ^ 1) Recalculation, upon request, by the addition of the assimilated contribution period provided for in art. 38 38 para. ((1) lit. b) is also made in the case of pensions established before 1 April 2001. ------------ Alin. ((1 ^ 1) art. 169 169 was introduced by the single article of LAW no. 276 276 of 23 June 2004 , published in MONITORUL OFFICIAL no. 574 574 of 29 June 2004. (2) The request for recalculation of the pension follows the same procedural rules on settlement and contestation, provided for the request for retirement. (3) The recalculated pension shall be granted from the month following that in which the request for recalculation was submitted. + Article 170 (1) For periods prior to the entry into force of this law, in which a person was simultaneously insured to two or more social security systems that were integrated into the state social insurance system, upon establishment The respective periods shall be taken into account only once. (2) For the periods prior to the entry into force of this Law, in which a person was simultaneously insured to the social insurance and pensions system for farmers and to the state social insurance system, when establishing the cumulates the insured income from those periods. + Article 171 (1) In case of modification of the number of offspring after the entry into force of the present law, for a pension established on the basis of the previous legislation, the pension for the surviving spouse shall be recalculated according to this law, existing on the date of the original ----------- The initial text of art. 171 became par. ((1) of art. 171 171 according to section 73 73 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. (2) Provisions of para. ((1) shall also apply to invalidity pensions established on the basis of previous legislation, to the amendment of the classification in another degree of invalidity. ----------- Alin. ((2) of art. 171 171 has been introduced by section 73 73 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 172 (1) The letters referring to the rights subject to this law, pending before the courts on the date of its entry into force, shall be judged according to the law on the basis of which the right was established. (2) Until the establishment of social security sections and specialized social insurance panels at the level of courts and courts of appeal, applications for social security relations, born under this law, shall be submitted to the the courts competent to address them in accordance with previous legislation. + Article 173 (1) Within 30 days from the date of publication of the present law in the Official Gazette of Romania the Prime Minister will appoint the President of the CNPAS. (2) Within 30 days from the appointment of the President of the CNPAS the board of directors is constituted and the status of the CNPAS is approved. + Article 174 (1) Within 30 days from the date of adoption of the status of the CNPAS takes over the activities corresponding to the functioning and organization of the public system from the Ministry of Labour, Family and Social Protection, labor directions and county social protection and the city of Bucharest, as well as from the National Institute of Medical Expertise and Work Capacity Recovery and the Central Pension Payment Office. ------------- Alin. ((1) of art. 174 174 has been amended by art. III of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 , published in MONITORUL OFFICIAL no. 707 of 30 December 2000, by replacing the name "Ministry of Labour and Social Protection" with the name "Ministry of Labour and Social Solidarity". (1 ^ 1) CNPAS has in subordination the National Institute of Medical Expertise and Work Capacity Recovery, which is a public institution with legal personality and scientific autonomy. The role and duties of the National Institute of Medical Expertise and Work Capacity Recovery will be determined by Government decision. ------------ Alin. ((1 ^ 1) art. 174 174 has been introduced by section 13 13 of the single article of LAW no. 577 577 of 22 December 2003 , published in MONITORUL OFFICIAL no. 1 of 5 January 2004, which supplements art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003, with point 34 34 ^ 1. (2) Within the period provided in par. (1) CNPAS takes over: a) in administration-facilities, buildings, spaces and land public property of the state, used or under the administration of the structures provided in par. (1), according to the list approved by Government decision; b) in the property-the houses of rest and spa treatment of the peasants, the patrimony of the former National Union of Agricultural Cooperatives of Production and of its county unions, the patrimony of the former Social Insurance House and the Pensions of the Cooperation Craftsmen and its territorial units, as well as the heritage elements that are located or that will later prove that they were owned by social insurance systems integrated into the state social insurance system. (3) The rest houses and spa treatment of the peasants, provided in par. ((2) lit. b), is organized as a commercial company with single shareholder CNPAS. The units in the territory will operate as branches that will be called spa treatment and work capacity recovery units. The constitutive act of this company is approved by Government decision. ------------ Alin. ((3) art. 174 174 has been amended by section 42 42 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 73 73 ^ 1. (4) The CNPAS and the territorial pension houses have the obligation and the right to claim the immovable property that belonged to social insurance, those built or purchased from funds allocated from the state social insurance budget and which were past the property of the state or other legal persons, as follows: a) CNPAS considers itself the rightful successor at the Central House of Social Security; b) the buildings that belonged to social insurance, owned by the state, will be transmitted in the property or in the administration of the CNPAS, by Government decision; c) the actions in claim for the reintegration of the patrimony can be made both by the CNPAS and by the territorial pension houses in whose radius are the goods and heritage elements to be claimed; d) all steps taken so far (notifications, injunctions) by the CNPAS and territorial pension houses are considered legal and correctly drawn up and are valid before the competent courts according to the law to settle those causes. ------------ Alin. ((4) art. 174 174 has been amended by section 42 42 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 73 73 ^ 1. (5) The rest and treatment houses of the peasants, organized under the conditions of par. (3), shall comply with the applicable law on the destination of profit ------------ Alin. ((5) art. 174 174 has been amended by section 42 42 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 73 73 ^ 1. + Article 175 (1) From the date of establishment of the board of directors until the entry into force of the present law CNPAS organizes the territorial pension houses. (2) Within 30 days from the date of adoption of the status of the CNPAS takes over from the Ministry of Labour, Family and Social Protection *), on the basis of protocol and accounting balance, the state social insurance budget, as well as the indicators related to expenditure staff, in relation to the number of staff taken over. ------------- Alin. ((2) of art. 175 175 has been amended by art. III of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 , published in MONITORUL OFFICIAL no. 707 of 30 December 2000, by replacing the name "Ministry of Labour and Social Protection" with the name "Ministry of Labour and Social Solidarity". (3) The staff to be taken over by the CNPAS and its territorial pension houses will be transferred in the interest of the service from the Ministry of Labour, Family and Social Protection *) and its subordinate units. ------------- Alin. ((3) of art. 175 175 has been amended by art. III of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 , published in MONITORUL OFFICIAL no. 707 of 30 December 2000, by replacing the name "Ministry of Labour and Social Protection" with the name "Ministry of Labour and Social Solidarity". + Article 176 Until the date of entry into force of this law the Government, the local public authorities, with the support of the prefectures, will provide the CNPAS with the necessary premises in order to operate the territorial pension houses organized according to this law. + Article 177 (1) Until the entry into force of the salary law provided for in art. 143 the salary of the CNPAS staff, the territorial pension houses, as well as the allowance of the members of the board of directors shall be determined as follows: a) salaries, as well as income in the form of other salary rights for CNPAS staff, units subordinated to it and territorial pension houses shall be established on the basis of the regulations in force approved for the own apparatus of Ministry of Labour, Family and Social Protection *) or, as the case may be, for units under or from its administration; b) the meeting allowance for the members of the board of directors is equal to 10% of the monthly allowance of a secretary of state; the total amounts due to a member of the board as a result of attending the meetings may not exceed in a month 20% of the monthly allowance of a Secretary of State. ------------- Alin. ((1) of art. 177 177 has been amended by section 4 4 of art. II of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 , published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000. (2) The staff provided in art. 175 175 para. (3) will retain the basic salary and the other salary rights previously had, if it occupies the same functions, degrees or professional steps. (3) The expenses regarding the salary of the CNPAS staff and the territorial pension houses, as well as the allowances of the members of the board of directors shall be borne from the state social insurance budget. ------------- Alin. ((3) of art. 177 177 has been amended by section 4 4 of art. II of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 , published in MONITORUL OFFICIAL no. 707 707 of 30 December 2000. + Article 178 Repealed. ------------ Article 178 has been repealed by point (a) 43 43 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 73 73 ^ 2. + Article 179 Model of the statement on the nominal record of insured persons and payment obligations to the state social insurance budget, insurance declaration, insurance contract, as well as the models of the other documents required for the purpose the records of social security rights and obligations shall be established by the CNPAS and shall be published in the Official Gazette of Romania, Part I, until the date of entry into force of this Law. + Article 180 (1) On the date of entry into force of this law state social insurance pensions, supplementary pensions, social insurance pensions for farmers, established on the basis of the previous legislation, as well as the social aid established according to pension legislation becomes pensions within the meaning of this law. (2) The CNPAS will take the necessary measures so that on the date of entry into force of this law, it will determine the average annual score of each pensioner, by reporting the amount of pensions due under the previous legislation, on the pension categories provided in art. 40, from which the contribution for health insurance, due according to the law, to the value of a pension point, established under the conditions of art. 80. (3) State social insurance pensioners whose rights established between January 1, 1998 and March 31, 2001 are higher than an estimated average score for persons who will retire under the terms of this law, in addition to the score annual average determined according to paragraph ((2), they are also assigned this estimated average score, which is envisaged in indexation and recoreling operations. (3 ^ 1) It is exempted from the provisions of par. (3) pensioners of state social insurance whose pension rights have been established on the basis of salaries of the last 5 years of activity or on the basis of salaries until April 1, 1992. These categories of persons are subject to the provisions of par. ((2). ------------ Alin. ((3 ^ 1) art. 180 180 has been introduced by section 13 13 of the single article of LAW no. 577 577 of 22 December 2003 , published in MONITORUL OFFICIAL no. 1 of 5 January 2004, which supplements art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003, with point 34 34 ^ 2. (4) The estimated average score, provided in par. (3), shall be calculated by the CNPAS. (5) The average annual score and the estimated average score can be corrected accordingly to the annealing provided in art. 168 168 para. ((3)-(5). (5 ^ 1) After the completion of the recorelation process, the average annual score of pensions due to the persons referred to in par. ((3 ^ 1) may not be less than that calculated on 1 April 2001. ------------ Alin. ((5 ^ 1) art. 180 180 has been introduced by section 13 13 of the single article of LAW no. 577 577 of 22 December 2003 , published in MONITORUL OFFICIAL no. 1 of 5 January 2004, which supplements art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003, with point 34 34 ^ 3. (6) The amount of pensions is established on the basis of art. 76, taking into account the average annual score or the estimated average score, as the case may be, which will be established according to par. ((2), (3), (5) and (5 ^ 1). ------------ Alin. ((6) art. 180 180 has been amended by section 13 13 of the single article of LAW no. 577 577 of 22 December 2003 , published in MONITORUL OFFICIAL no. 1 of 5 January 2004, which supplements art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003, with point 34 34 ^ 4. (7) If the amount of pensions, established according to par. ((6), it is lower than that established under the previous legislation, the advantageous amount shall be kept in payment. ------------- Article 180 has been amended by section 6.6. 44 44 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 446 of 25 June 2002, amending section 74 74 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 180 ^ 1 ((1) Provisions art. 180 also benefits retired magistrates under Law no. 92/1992 for the judicial organization, republished, with subsequent amendments and completions, for the part of the service pension that is borne from the state social insurance budget, as well as for the additional pension. (2) The average score of retired magistrates is determined and stands out distinctly for the state social insurance pension, respectively for the additional pension. (3) In the situations regulated in par. ((1) and (2) the rights established under the legislation prior to the entry into force of this Law shall be kept in payment. -------------- Art. 180 ^ 1 was introduced by item 75 75 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 181 Repealed. ------------ Article 181 was repealed by point (a) 45 45 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 75 75 ^ 1. + Article 182 Until the date of entry into force of this Law CNPAS communicates the accounts in which the amounts representing the social security contribution are transferred. + Article 183 (1) On the date of entry into force of this law the social insurance contribution, borne by the insured persons referred to in art. 5 5 para. ((1) pt. I, II and VI, will not diminish their net income. (2) Application of para. (1) for insured persons referred to in art. 5 5 para. ((1) pt. I, II and VI shall be carried out by increasing the salary rights and incomes provided accordingly to the share of social insurance contribution borne by them under this law. (3) For insured persons who realize monthly salary incomes higher than the ceiling set at 3 gross average salaries on economy the increase provided in par. ((2) shall apply to this ceiling. (4) The application of the provisions on the basis of calculation of the social security contribution, namely the increase of the salary rights and the insured incomes, so that the social insurance contribution supported by the insured does not lead to diminishing their net income, will be based on the methodological norms approved by the Government. + Article 184 (1) The payment of pensions established according to the previous legislation, suspended at the time of entry into force of this law, shall be made in the amount determined according to art. 180, in compliance with the legal conditions existing at the date of initial establishment of the pension ----------- The initial text of art. 184 became par. ((1) of art. 184 184 according to section 76 76 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. ((2) Pensions established according to the provisions Law no. 2/1995 on early retirement become pensions for the age limit at the age of 62 men and 57 years old women and recalculate on the basis of the methodology provided in art. 180 180, by eliminating the reduction applied to the amount at the date of initial establishment and by adding any contribution internships made during the anticipation period. ----------- Alin. ((2) of art. 184 184 has been introduced by section 76 76 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 185 (1) The registered and unresolved applications until the entry into force of this Law will be settled according to the legal norms existing at the date of opening of social security and pension rights. ----------- The initial text of art. 185 became par. ((1) of art. 185 185 according to section 77 77 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. (2) The social security rights in payment on the date of entry into force of this Law shall be paid for the durations and percentages provided for by this Law, if they are to the benefit of the beneficiaries. The percentages will be applied to the calculation base originally established for the opening of these rights. ----------- Alin. ((2) of art. 185 185 has been introduced by section 77 77 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. (3) Otherwise, the social security rights in payment on the date of entry into force of this Law shall be maintained. ----------- Alin. ((3) of art. 185 185 has been introduced by section 77 77 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 186 Expenditure on the organization and functioning of the public system, provided for in 142, will be set in values of 5% for the first year of operation of the CNPAS, 4.5% for the second year and 4% for the third year, respectively. + Article 186 ^ 1 For 2001 the average gross salary on economy based on art. 5 5 para. (3) represents the average gross salary on economy used to substantiate the state social insurance budget for 2001. ----------- Art. 186 ^ 1 was introduced by item 78 78 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Chapter X Final provisions + Article 187 (1) The amounts collected unearned as social security benefits shall be recovered from the beneficiaries within the limitation period of 3 years. (2) In the case of social security benefits, other than pensions, the recovery of the amounts provided in par. ((1) shall be carried out by the employer or, as the case may be, by the institution making payment of the social security rights (3) The territorial pension houses shall recover the amounts paid not from the payers provided in par. ((2). (4) The amounts paid uncuincome through the territorial pension houses shall be recovered from the beneficiaries on the basis of the decision of the respective house, which constitutes enforceable title. The amounts left unrecovered from the deceased beneficiaries no longer follow. ------------ Alin. ((4) art. 187 187 has been amended by section 46 46 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 78 78 ^ 1. + Article 188 (1) The amounts collected unearned, as social security benefits, as a result of a crime committed by the beneficiary, shall be recovered from it, from the date of the first payment of the undue amounts, plus the related interest, until the recovery the full injury. ((. The amounts fixed in accordance with paragraph 1. (1), left unrecovered from deceased insured persons, shall be recovered from heirs, under the conditions of common law. (3) Debitele derived from social security rights shall be recovered by the own executors of the CNPAS and constitute income of the state social insurance budget. + Article 189 Employers, natural and legal persons, are obliged to provide CNPAS and territorial pension houses with the data and documents necessary for the assignment of the personal code and the preparation of records on the contribution period, according to a methodologies developed by the CNPAS and published in the Official Gazette of Romania, Part I. + Article 190 In application of this law the CNPAS can issue rules that will be published in the Official Gazette of Romania, Part I. + Article 191 The public system insurance database is the property of the CNPAS and has a confidential character. + Article 192 The establishment and payment of rights financed from the state budget is still carried out through the CNPAS and through the territorial pension houses. + Article 192 ^ 1 (1) In the case of pensions in the public system coming from the former social insurance system of farmers, the amount of the pension related to the average annual scores obtained by applying the provisions of 180 180 para. ((1) and (2), as well as the part of the amount of the pension resulting from the application of 168 168 para. (5) shall be borne by the state budget. (2) The part of the pension amount related to the average annual scores obtained by valorisation, after 1 April 2001, of each useful year made within the former cooperative agricultural units, shall also be borne from the state budget. each contribution year made by peasants with individual household from the non-cooperative areas concerned, until the date of entry into force of the Law no. 80/1992 on pensions and other insurance rights of farmers, as well as of the contribution periods made, according to this law, after 29 July 1992 and until 1 April 2001. (3) The provisions of par. (1) and (2) shall apply from 1 January 2005. ------------- Art. 192 ^ 1 was introduced by the single article of LAW no. 352 352 of 15 July 2004 , published in MONITORUL OFFICIAL no. 683 683 of 29 July 2004. + Article 193 (1) When carrying out any operations that are not related to the establishment and payment of pensions and other social security rights by the CNPAS and the territorial pension houses, tariffs or commissions of up to 3% shall be charged, applied on the total amount subject to the financial operation. Operations for which tariffs are paid or fees are charged, as well as their level shall be determined by decision of the President of the CNPAS. ----------- Alin. ((1) art. 193 193 has been amended by section 47 47 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 446 of 25 June 2002, amending section 79 79 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. (2) It is exempted from the provisions of par. (1) the operations related to the establishment and payment of social benefits, financed from the state budget and from the budgets of special funds, for which the CNPAS perceives the value of the material expenses and the labor related to the services performed. ((3) The amounts resulting from the application of the provisions of par. ((1) and (2) constitute income of the state social insurance budget. ------------ Alin. ((3) of art. 193 193 has been amended by section 8 8 of art. I of EMERGENCY ORDINANCE no. 69 69 of 13 September 2006 , published in MONITORUL OFFICIAL no. 788 788 of 18 September 2006. ------------ Article 193 has been amended by section 6.6. 79 79 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 194 (1) Between the public system and the other own social security systems, not integrated until the date of entry into force of this law, including the military pension system, shall be recognized each other the contribution internships, namely the seniority or the length of service, with a view to the opening of the pension rights for the age, invalidity and survivor's limits, as well as other social security rights provided for by this Law. (2) In the situation referred to in par. (1) social security benefits in the public system shall be established only for the contribution period made in this system. (2 ^ 1) When granting social security benefits provided in art. 98 98 para. ((1) lit. a)-e), the basis of calculation is constituted according to art. 99 99 para. ((1), (2) or (3), as the case may be, only from the income made in the months in which the person was insured in the public pension system. -------------- Alin. (2 ^ 1) of art. 194 194 has been introduced by section 35 35 of art. I of EMERGENCY ORDINANCE no. 9 9 of 27 February 2003 , published in MONITORUL OFFICIAL no. 167 167 of 17 March 2003. (3) Periods assimilated to the contribution period, provided in art. 38 38 para. ((1) lit. b) and c), which also constitute seniority in work or service in the system of military pensions and in the other non-integrated social insurance systems, shall be taken into account, optionally, in one of the systems. (4) The settlement between the public system and the other non-integrated social insurance systems shall cease from the date of entry into force of the law approving this emergency ordinance. (5) In the situations provided in par. (4) provisions of art. 180 will apply only for the amount of pensions established on the basis of seniority in work carried out in the state social insurance sector. -------------- Article 194 has been amended by section 6.6. 48 48 of the single article of LAW no. 338 338 of 31 May 2002 , published in MONITORUL OFFICIAL no. 446 of 25 June 2002, which supplements art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, with point 79 79 ^ 1. + Article 195 The amounts to be paid to the beneficiaries of rights established according to the provisions of this law shall be completed to a thousand lei in their favor, after deducting any obligations. ----------- Article 195 has been amended by section 6.6. 80 80 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Article 196 This law shall enter into force within one year from the date of its publication in the Official Gazette of Romania, Part I, except for the provisions of art. 3, 140, 141, 143, 168, 173, 174, 175, 176, 177, 178, 179, of art. 180 180 para. ((2)-(4), of art. 182 and 186, which enters into force on the date of its publication in the Official Gazette of Romania. + Article 197 Annexes no. 1-7 are an integral part of this law. + Article 198 The date of entry into force of this Law shall be repealed: -the provisions on the establishment of seniority in the work for social security rights in Decree no. 112/1965 on the granting of rights to the working staff sent to work in countries with a difficult climate to bear, published in the Official Bulletin, Part I, no. 10 of 22 March 1965, as amended; - H.C.M. no. 880/1965 on the granting of material aid in the framework of state social insurance, published in the Collection of Decisions and provisions of the Council of Ministers no. 33 33 of 21 August 1965, as amended; - Decree no. 389/1972 on the contribution for state social insurance, published in the Official Bulletin, Part I, no. 112 of 18 October 1972, as amended; - art. 10 and the provisions on the pension sheet of Decree no. 92/1976 on the work card, published in the Official Bulletin, Part I, no. 37 37 of 26 April 1976; - Decree no. 217/1977 on the approval of the Regulation on the organization and functioning of pension and social insurance commissions and commissions of medical expertise and work capacity recovery, published in the Official Bulletin, Part I, no. 70 70 of 16 July 1977; - Decree no. 216/1977 on the criteria and rules of classification in the degrees of invalidity, published in the Official Bulletin, Part I, no. 70 70 of 16 July 1977; - Law no. 3/1977 on state social insurance and social assistance pensions, published in the Official Bulletin, Part I, no. 82 82 of 6 August 1977, as amended; - Decree no. 232/1986 for the amendment of some legal provisions regarding the supplementary pension, with the exception of Article II, published in the Official Bulletin, Part I, no. 40 40 of 30 June 1986; - Decree-Law no. 70/1990 on the modification and completion of some regulations on pensions, social insurance and social protection, published in the Official Gazette of Romania, Part I, no. 24 24 of 9 February 1990, as amended; - Decree-Law no. 51/1990 on the seniority of the employed wife who follows her husband sent on a permanent mission abroad, published in the Official Gazette of Romania, Part I, no. 20 20 of 6 February 1990; - Order no. 50/1990 for the specification of jobs, activities and professional categories with special conditions, which fall within groups I and II of work for retirement, published in the Official Gazette of Romania, Part I, no. 38 38 of 20 March 1990; - Order no. 100/1990 on completion Order no. 50/1990 ; - Order no. 125/1990 for the clarification of jobs, activities and professional categories with special conditions, which fall within groups I and II of work for retirement, for the period worked after 1 March 1990; - art. 10 and 11 of Decree-Law no. 98/1990 on the granting of rights to personnel from transport by rail, published in the Official Gazette of Romania, Part I, no. 37 37 of 20 March 1990; - Decree-Law no. 114/1990 on the classification of certain categories of employees in groups I and II of work, published in the Official Gazette of Romania, Part I, no. 48 48 of 2 April 1990; - Law no. 73/1991 on the establishment of social security rights, as well as amending and supplementing certain regulations of the social insurance and pensions legislation, published in the Official Gazette of Romania, Part I, no. 251 251 of 16 December 1991; - Law no. 49/1992 for the modification and completion of some regulations in the social insurance legislation, published in the Official Gazette of Romania, Part I, no. 107 107 of 26 May 1992; - Government Decision no. 723/1992 on the takeover in payment, through the Ministry of Labour and Social Protection, of the aid granted to Greek political emigrants through the Red Cross Society of Romania, published in the Official Gazette of Romania, Part I, no. 313 313 of 4 December 1992; - Law no. 80/1992 on pensions and other social insurance rights of farmers, republished in the Official Gazette of Romania, Part I, no. 37 37 of 9 February 1994, as amended; - Government Decision no. 89/1993 on the integration of the social security system and the pensions of writers in the state social insurance system, published in the Official Gazette of Romania, Part I, no. 50 50 of 5 March 1993; - Government Decision no. 326/1993 on the integration of the social security system and pensions of composers and musicologists in the state social insurance system, published in the Official Gazette of Romania, Part I, no. 170 170 of 21 July 1993; - Law no. 34/1993 on the integration of the social insurance system of the handicraft cooperation in the state social insurance system, published in the Official Gazette of Romania, Part I, no. 128 128 of 15 June 1993; - Law no. 52/1993 on the integration of the social security system of the staff of the Romanian Orthodox Church in the state social insurance system, published in the Official Gazette of Romania, Part I, no. 157 157 of 12 July 1993; - Law no. 2/1995 on early retirement, published in the Official Gazette of Romania, Part I, no. 5 5 of 13 January 1995; - Law no. 117/1995 on the integration of the social security system for the Armenian-Gregorian cults, Christian of old rite and Muslim in the state social insurance system, published in the Official Gazette of Romania, Part I, no. 284 284 of 8 December 1995; - Law no. 127/1995 on the integration of the social security and pensions system of the members of the Fine Arts Union of Romania in the state social insurance system, published in the Official Gazette of Romania, Part I, no. 298 298 of 28 December 1995; - Law no. 42/1996 on the integration of the social security and pensions system of filmmakers into the state social insurance system, published in the Official Gazette of Romania, Part I, no. 109 109 of 29 May 1996; - Government Decision no. 565/1996 on the application of social protection measures of state and military social insurance pensions, established and recalculated after August 1, 1996, published in the Official Gazette of Romania, Part I, no. 170 of 30 July 1996, as amended; - Law no. 49/1997 to amend and supplement Law no. 3/1977 on state social insurance and social assistance pensions, published in the Official Gazette of Romania, Part I, no. 58 58 of 8 April 1997; - Law no. 120/1997 on paid leave for the care of children aged up to 2 years, published in the Official Gazette of Romania, Part I, no. 149 149 of 11 July 1997; - Law no. 86/1997 to amend and supplement Law no. 3/1977 on state social insurance and social assistance pensions, published in the Official Gazette of Romania, Part I, no. 107 107 of 30 May 1997; - Law no. 203/1997 on the integration of the social security system of the Mosaic Cult in Romania in the state social insurance system, published in the Official Gazette of Romania, Part I, no. 350 350 of 10 December 1997; - Law no. 167/1998 on the integration of the social security system of the staff of the United Romanian Church with Greek-Catholic Rome in the state social insurance system, published in the Official Gazette of Romania, Part I, no. 374 374 of 1 October 1998; - Government Emergency Ordinance no. 31/1998 on the unification of the component funds of the state social insurance budget, as well as those for the payment of pensions due to insured persons from the units with attributions in the field of national defence, public order and published in the Official Gazette of Romania, Part I, no. 419 419 of 5 November 1998 (approved by Law no. 128/1999 , published in the Official Gazette of Romania, Part I, no. 344 344 of 20 July 1999); - Government Emergency Ordinance no. 2/1999 amending and supplementing Decree no. 389/1972 on the contribution for state social security, as amended and supplemented by Law no. 49/1992 for the modification and completion of some regulations in the social insurance legislation, published in the Official Gazette of Romania, Part I, no. 49 of 1 February 1999, approved by Law no. 72/2001 , published in the Official Gazette of Romania, Part I, no. 135 135 of 19 March 2001; -------------- Penultimate indent of art. 198 198 has been amended by section 4.2 81 81 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. -any other provisions contrary to this law. This law was adopted by the Senate at its meeting on February 24, 2000, in compliance with the provisions of art 74 74 para. ((1) and of art. 145 of the Romanian Constitution. SENATE PRESIDENT MIRCEA IONESCU-QUINTUS This law was adopted by the Chamber of Deputies at its meeting on March 7, 2000, in compliance with the provisions of 74 74 para. ((1) and of art. 145 of the Romanian Constitution. PRESIDENT CHAMBER OF DEPUTIES ION DIACONESCU + Annex 1 ANNEX 1 LIST including civil aviation aircrew, whose jobs fall under special conditions 1. Personal navigating on: a) turbojet and turboprop transport planes; b) classic public transport planes; c) classical planes in sanitary or specialized missions; d) helicopters and commercial aircraft; e) aircraft prototypes to the test in flight. 2. Aircraft flight reception crews, instructors in schools, courses and aeroclubs, on: a) classical aeroplanes; b) turboprop or turboprop aircraft. 3. Flight test personnel of new, series aircraft 4. Flight control personnel in flight 5. Technical personnel executing the reception and technical control in flight of aircraft 6. Instructors in schools, courses and aeroclubs of motor-free flight 7. Professional parachuting staff that execute: a) leaps from the aircraft in the training process, training or special leaps; b) jumps for reception of parachutes; c) jumps from the skydiving tower; d) parachuting instructor on board the aircraft from which it is perform parachute jumps. 8. Board Companions + Annex 2 ANNEX 2 LIST including professions in artistic activity whose jobs fall under special conditions 1. Balerin 2. Dancer 3. Acrobat 4. Jongler 5. Clovn 6. Circus rider 7. Wild animal trainer 8. Voice and operetta vocal soloist 9. Instrumentist to wind instruments 10. Cascador + Annex 3 STANDARD RETIREMENT AGES AND MINIMUM AND FULL CONTRIBUTION INTERNSHIPS for women and men, for years and months, April 2001-March 2015 ------------------------------------------------------------------------------ F E M E I B A R B A T I ------------------ ------------------ P E R I O A D A Age Internship Internship Age Internship Internship fully minimum assuage-fully insured at the exit of co-de co-de co-de co- Pension contribution contribution to exit-tization years/months/months/years/years/years/years/ Monday pension Monday year/months ------------------------------------------------------------------------------ 1 1 2 3 4 5 6 7 ------------------------------------------------------------------------------ April 2001-March 2002 57 25 10 62 30 10 April 2002-September 2002 57/1 25/1 10/1 62/1 30/1 10/1 October 2002-March 2003 57/2 25/2 10/2 62/2 30/2 10/2 April 2003-September 2003 57/3 25/3 10/3 62/3 30/3 10/3 October 2003-March 2004 57/4 25/4 10/4 62/4 30/4 10/4 April 2004-September 2004 57/5 25/5 10/5 62/5 30/5 10/5 October 2004-March 2005 57/6 25/6 10/6 62/6 30/6 10/6 April 2005-July 2005 57/7 25/7 10/7 62/7 30/7 10/7 August 2005-November 2005 57/8 25/8 10/8 62/8 30/8 10/8 December 2005-March 2006 57/9 25/9 10/9 62/9 30/9 10/9 April 2006-July 2006 57/10 25/10 10/10 62/10 30/10 10/10 August 2006-November 2006 57/11 25/11 10/11 62/11 30/11 10/11 December 2006-March 2007 58 26 11 63 31 11 April 2007-July 2007 58/1 26/2 11/2 63/1 31/2 11/2 August 2007-November 2007 58/2 26/4 11/4 63/2 31/4 11/4 December 2007-March 2008 58/3 26/6 11/6 63/3 31/6 11/6 April 2008-July 2008 58/4 26/8 11/8 63/4 31/8 11/8 August 2008-November 2008 58/5 26/10 11/10 63/5 31/10 11/10 December 2008-March 2009 58/6 27 12 63/6 32 12 April 2009-July 2009 58/7 27/2 12/2 63/7 32/2 12/2 August 2009-November 2009 58/8 27/4 12/4 63/8 32/4 12/4 December 2009-March 2010 58/9 27/6 12/6 63/9 32/6 12/6 April 2010-July 2010 58/10 27/8 12/8 63/10 32/8 12/8 August 2010-November 2010 58/11 27/10 12/10 63/11 32/10 12/10 December 2010-March 2011 59 28 13 64 33 13 April 2011-July 2011 59/1 28/2 13/2 64/1 33/2 13/2 August 2011-November 2011 59/2 28/4 13/4 64/2 33/4 13/4 December 2011-March 2012 59/3 28/6 13/6 64/3 33/6 13/6 April 2012-July 2012 59/4 28/8 13/8 64/4 33/8 13/8 August 2012-November 2012 59/5 28/10 13/10 64/5 33/10 13/10 December 2012-March 2013 59/6 29 14 64/6 34 14 April 2013-July 2013 59/7 29/2 14/2 64/7 34/2 14/2 August 2013-November 2013 59/8 29/4 14/4 64/8 34/4 14/4 December 2013-March 2014 59/9 29/6 14/6 64/9 34/6 14/6 April 2014-July 2014 59/10 29/8 14/8 64/10 34/8 14/8 August 2014-November 2014 59/11 29/10 14/10 64/11 34/10 14/10 December 2014-March 2015 60 30 15 65 35 15 ------------------------------------------------------------------------------ + Annex 4 MEN REDUCTION OF STANDARD RETIREMENT AGES depending on the contribution period made under special working conditions 1. Complete contribution period between 30 and 31 years (April 2001-November 2006) --------------- Section 1 of Annex no. 4 4 has been amended by RECTIFICATION no. 19 19 of 17 March 2000 , published in MONITORUL OFFICIAL no. 183 183 of 27 April 2000. ------------------------------------------------------------------------------- Reduction of the age of the contribution period Contribution period Total internship retirement with: realized in conditions to be achieved in other contribution special working conditions required -------------------- ------------------- ------------------ ------------ ((years) (years) (months) (years) months) (years) (months) ------------------------------------------------------------------------------- 10 10 20---20- 9 9 18-3-21- 8 8 16-6-22- 7 7 14-9-23- 6 6 12-12-24- 5 5 10-15-25- 4 4 8-18-26- 3 3 6-21-27- 2 2 4-24-28- 1 1 2-27-29- ------------------------------------------------------------------------------- 2. Complete contribution period between 31 and 32 years (December 2006-November 2008) --------------- Section 2 of Annex no. 4 4 has been amended by RECTIFICATION no. 19 19 of 17 March 2000 , published in MONITORUL OFFICIAL no. 183 183 of 27 April 2000. ------------------------------------------------------------------------------- Reduction of the age of the contribution period Contribution period Total internship retirement with: realized in conditions to be achieved in other contribution special working conditions required -------------------- ------------------- ------------------ ------------ ((years) (years) (months) (years) months) (years) (months) ------------------------------------------------------------------------------- 10 10 21---21- 9 9 18 11 3 1 22- 8 8 16 10 6 2 23- 7 7 14 9 9 3 24- 6 6 12 8 12 4 25- 5 5 10 6 15 6 26- 4 4 8 5 18 7 27- 3 3 6 4 21 8 28- 2 2 4 3 24 9 29- 1 1 2 2 27 10 30- ------------------------------------------------------------------------------- 3. Complete contribution period between 32 and 33 years ((period: December 2008-November 2010) ------------------------------------------------------------------------------- Reduction of the age of the contribution period Contribution period Total internship retirement with: realized in conditions to be achieved in other contribution special working conditions required -------------------- ------------------- ------------------ ------------ ((years) (years) (months) (years) months) (years) (months) ------------------------------------------------------------------------------- 10 10 22---22- 9 9 19 9 3 3 23- 8 8 17 7 6 5 24- 7 7 15 4 9 8 25- 6 6 13 2 12 10 26- 5 5 11-16-27- 4 4 8 10 19 2 28- 3 3 6 7 22 5 29- 2 2 4 5 25 7 30- 1 1 2 3 28 9 31- ------------------------------------------------------------------------------- 4. Complete contribution period between 33 and 34 years ((period: December 2010-November 2012) ------------------------------------------------------------------------------- Reduction of the age of the contribution period Contribution period Total internship retirement with: realized in conditions to be achieved in other contribution special working conditions required -------------------- ------------------- ------------------ ------------ ((years) (years) (months) (years) months) (years) (months) ------------------------------------------------------------------------------- 10 10 23---23- 9 9 20 9 3 3 24- 8 8 18 6 6 6 25- 7 7 16 2 9 10 26- 6 6 13 11 13 1 27- 5 5 11 7 16 5 28- 4 4 9 3 19 9 29- 3 3 6 11 23 1 30- 2 2 4 8 26 4 31- 1 1 2 4 29 8 32- ------------------------------------------------------------------------------- 5. Complete contribution period between 34 and 35 years ((period: December 2012-November 2014) ------------------------------------------------------------------------------- Reduction of the age of the contribution period Contribution period Total internship retirement with: realized in conditions to be achieved in other contribution special working conditions required -------------------- ------------------- ------------------ ------------ ((years) (years) (months) (years) months) (years) (months) ------------------------------------------------------------------------------- 10 10 24---24- 9 9 21 8 3 4 25- 8 8 19 3 6 9 26- 7 7 16 10 10 2 27- 6 6 14 5 13 7 28- 5 5 12-17-29- 4 4 9 8 20 4 30- 3 3 7 3 23 9 31- 2 2 4 10 27 2 32- 1 1 2 5 30 7 33- ------------------------------------------------------------------------------- 6. The complete contribution period of 35 years ((as of December 2014) ------------------------------------------------------------------------------ Reduction of the contribution period The contribution period Total internship age to be achieved under conditions to be achieved in other contributions retirement with special working conditions required ((years) (years) (months) (years) (months) (months) (months) ------------------------------------------------------------------------------ 10 10 24---24- 9 9 22 6 3 6 26- 8 8 20-7-27- 7 7 17 6 10 6 28- 6 6 15-14-29- 5 5 12 6 17 6 30- 4 4 10-21-31- 3 3 7 6 24 6 32- 2 2 5-28-33- 1 1 2 6 31 6 34-" ------------------------------------------------------------------------------ ----------- Point 6 of Annex no. 4 4 has been amended by section 82 82 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. + Annex 5 WOMEN REDUCTION OF STANDARD RETIREMENT AGES depending on the contribution period made under special working conditions 1. Complete contribution period between 25 and 26 years (period: April 2001-November 2006) ------------------------------------------------------------------------------- Reduction of the age of the contribution period Contribution period Total internship retirement with: realized in conditions to be achieved in other contribution special working conditions required -------------------- ------------------- ------------------ ------------ ((years) (years) (months) (years) months) (years) (months) ------------------------------------------------------------------------------- 10 10 15---15- 9 9 13 6 2 6 16- 8 8 12-5-17- 7 7 10 6 7 6 18- 6 6 9-10-19- 5 5 7 6 12 6 20- 4 4 6-15-21- 3 3 4 6 17 6 22- 2 2 3-20-23- 1 1 1 6 22 6 24- ------------------------------------------------------------------------------- 2. Complete contribution period between 26 and 27 years (period: December 2006-November 2008) ------------------------------------------------------------------------------- Reduction of the age of the contribution period Contribution period Total internship retirement with: realized in conditions to be achieved in other contribution special working conditions required -------------------- ------------------- ------------------ ------------ ((years) (years) (months) (years) months) (years) (months) ------------------------------------------------------------------------------- 10 10 16---16- 9 9 14 5 2 7 17- 8 8 12 10 5 2 18- 7 7 11 3 7 9 19- 6 6 9 8 10 4 20- 5 5 8-13-21- 4 4 6 5 15 7 22- 3 3 4 10 18 2 23- 2 2 3 3 20 9 24- 1 1 1 8 23 4 25- ------------------------------------------------------------------------------ 3. Complete contribution period between 27 and 28 years ((period: December 2008-November 2010) ------------------------------------------------------------------------------- Reduction of the age of the contribution period Contribution period Total internship retirement with: realized in conditions to be achieved in other contribution special working conditions required -------------------- ------------------- ------------------ ------------ ((years) (years) (months) (years) months) (years) (months) ------------------------------------------------------------------------------- 10 10 17---17- 9 9 15 3 2 9 18- 8 8 13 7 5 5 19- 7 7 11 11 8 1 20- 6 6 10 2 10 10 21- 5 5 8 6 13 6 22- 4 4 6 10 16 2 23- 3 3 5 1 18 11 24- 2 2 3 6 21 6 25- 1 1 1 9 24 3 26- ------------------------------------------------------------------------------ -------------- Section 3 of Annex no. 5 5 was completed by RECTIFICATION no. 19 19 of 17 March 2000 , published in MONITORUL OFFICIAL no. 183 183 of 27 April 2000. 4. Complete contribution period between 28 and 29 years ((period: December 2010-November 2012) ------------------------------------------------------------------------------- Reduction of the age of the contribution period Contribution period Total internship retirement with: realized in conditions to be achieved in other contribution special working conditions required -------------------- ------------------- ------------------ ------------ ((years) (years) (months) (years) months) (years) (months) ------------------------------------------------------------------------------- 10 10 18---18- 9 9 16 1 2 11 19- 8 8 14 4 5 8 20- 7 7 12 6 8 6 21- 6 6 10 9 11 3 22- 5 5 8 11 14 1 23- 4 4 7 2 16 10 24- 3 3 5 5 19 7 25- 2 2 3 7 22 5 26- 1 1 1 10 25 2 27- ------------------------------------------------------------------------------ 5. Complete contribution period between 29 and 30 years ((period: December 2012-November 2014) ------------------------------------------------------------------------------- Reduction of the age of the contribution period Contribution period Total internship retirement with: realized in conditions to be achieved in other contribution special working conditions required -------------------- ------------------- ------------------ ------------ ((years) (years) (months) (years) months) (years) (months) ------------------------------------------------------------------------------- 10 10 19---19- 9 9 17 2 2 10 20- 8 8 15 3 5 9 21- 7 7 13 4 8 8 22- 6 6 11 5 11 7 23- 5 5 9 6 14 6 24- 4 4 7 8 16 4 25- 3 3 5 8 20 4 26- 2 2 3 10 23 2 27- 1 1 1 11 26 1 28- ------------------------------------------------------------------------------ 6. The complete 30-year contribution period ((as of December 2014) ------------------------------------------------------------------------------- Reduction of the age of the contribution period Contribution period Total internship retirement with: realized in conditions to be achieved in other contribution special working conditions required -------------------- ------------------- ------------------ ------------ ((years) (years) (months) (years) months) (years) (months) ------------------------------------------------------------------------------- 10 10 20---20- 9 9 18-3-21- 8 8 16-6-22- 7 7 14-9-23- 6 6 12-12-24- 5 5 10-15-25- 4 4 8-18-26- 3 3 6-21-27- 2 2 4-24-28- 1 1 2-27-29- ------------------------------------------------------------------------------ + Annex 6 AVERAGE ANNUAL SALARY ------------- Title of Annex no. 6 and the specification in the table have been changed according to section 83 83 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001. ------------------------------------------------------------------------------ Year Average annual salary (lei) ----------------------------------------------- net gross ------------------------------------------------------------------------------ 1938 1938 168- 1947 1947 261- 1948 1948 293- 1949 1949 335- 1950 1950 366 337 1951 1951 397 365 1952 1952 403 370 1953 1953 447 410 1954 1954 487 456 1955 1955 536 499 1956 1956 593 549 1957 1957 671 619 1958 1958 747 684 1959 1959 784 726 1960 1960 854 802 1961 1961 898 833 1962 1962 947 880 1963 1963 1.005 932 1964 1964 1.046 965 1965 1965 1.115 1.028 1966 1966 1.179 1.083 1967 1967 1.210 1.107 1968 1968 1.248 1.139 1969 1969 1.297 1.180 1970 1970 1.434 1.289 1971 1971 1.471 1.318 1972 1972 1.498 1.339 1973 1973 1,563 1.391 1974 1974 1,663 1,471 1975 1975 1,813 1,595 1976 1976 1.964 1.712 1977 1977 2.102 1.818 1978 1978 2,344 2.011 1979 1979 2,457 2,108 1980 1980 2.602 2.238 1981 1981 2,721 2,340 1982 1982 2,936 2.525 1983 1983 3,024 2,601 1984 1984 3,224 2,773 1985 1985 3,285 2,827 1986 1986 3.317 2,855 1987 1987 3.337 2,872 1988 1988 3.422 2.946 1989 1989 3,538 3,063 1990 1990 4.010 3.381 1991-1999 Average gross salary monthly on economy release of National Institute of Statistics and Economic Studies ------------------------------------------------------------------------------ ------------ According to 84 84 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 161 of 30 March 2001, in Annex no. 6, was ordered to replace the name "National Commission for Statistics" with the name "National Institute of Statistics and Economic Studies". NOTE: The Ministry of Labour, Family and Social Protection *) transmits to the CNPAS the data for completing Annex no. 6. SOURCE: National Institute of Statistics and Economic Studies. ------------- Note from Annex no. 6 6 has been amended by section 4.2 84 84 of art. I of EMERGENCY ORDINANCE no. 49 49 of 29 March 2001 , published in MONITORUL OFFICIAL no. 161 of March 30, 2001, by replacing the name "National Commission for Statistics" with the name "National Institute of Statistics and Economic Studies". + Annex 7 MINIMUM WAGE PER COUNTRY ------------------------------------------------------------------------------ Year Starting Salary by day ...... minimum The normative act by which it was established month ..... ((lei) ┌ -------] [...] [...] [...] [...] [...] | 0 | 1 | 2 | 3 | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 1949 | | 166 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 1950 | | 166 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 1951 | | 166 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 1952 | | 166 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 1953 | | 166 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 1954 | | 166 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 1955 | | 220 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 1956 | | 220 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 220 | | | | 1957 | 1 May | 350 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 1958 | | 350 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 350 | | | | 1959 | 1 August | 400 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 1960 | | 400 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | | | 400 | | | 1961 | 1 December | 475 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 1962 | | 475 | | | | 1963 | | 475 | | | | 1964 | | 475 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 475 | | | | 1965 | 1 September | 550 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 1966 | | 550 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | | | 550 | | | 1967 | 1 August | 700 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 1968 | | 700 | | | | 1969 | | 700 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 700 | | | | 1970 | March 1 | 750 | | | | | 1 May | 800 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 1971 | | 800 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 800 | | | | 1972 | 1 September | 1,000 | | | ├ ------- in -------- 留言 | 加入好友 ----- | 1973 | | 1,000 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 1,000 | | | | 1974 | 1 August | 1.140 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 1.140 | | | | 1975 | 1 July | 1,200 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 1976 | | 1,200 | | | | 1977 | | 1,200 | | | | 1978 | | 1,200 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 1,200 | | | | 1979 | 1 August | 1.425 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 1980 | | 1.425 | | | | 1981 | | 1.425 | | | | 1982 | | 1.425 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 1.425 | | | | 1983 | 1 September | 1,500 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 1984 | | 1,500 | | | | 1985 | | 1,500 | | | | 1986 | | 1,500 | | | | 1987 | | 1,500 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 1,500 | | | | 1988 | 1 July | 2,000 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 1989 | | 2,000 | | | | 1990 | | 2,000 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 2,000 | | | | | March 1 | 3.150 | Government Decision no. 133 133 of | | | | | February 25, 1991 | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | April 1 | 4.675 | Government Decision no. 219 219 of | | | | | 27 March 1991 | | 1991 | 1 May | 5.975 | Government Decision no. 219 219 of | | | | | 27 March 1991 | | | September 1 | 6.775 | Government Decision no. 579 579 of | | | | | 27 August 1991 | | | November 1 | 7,000 | Government Decision no. 780 780 of | | | | | November 16, 1991 | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | January 1 | 8.500 | Government Decision no. 19 19 of | | | | | January 18, 1992 | | | March 1 | 9.150 | Government Decision no. 149 149 of | | | | | 27 artie 1992 | | 1992 | 1 May | 11.200 | Government Decision no. 218 218 of | | | | | 30 April 1992 | | | 1 September | 12.920 | Government Decision no. 499 499 of | | | | | 28 August 1992 | | | November 1 | 15.215 | Government Decision no. 774 774 of | | | | | 27 November 1992 | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | January 1 | 16.600 | Government Decision no. 94 94 of | | | | | 4 March 1993 | | | March 1 | 17.600 | Government Decision no. 124 124 of | | | | | 6 April 1993 | | 1993 | 1 May | 30,000 | Government Decision no. 208 208 of | | | | | 17 May 1993 | | | October 1 | 40.200 | Government Decision no. 586 586 of | | | | | 2 November 1993 | | | December 1 | 45,000 | Government Decision no. 683 683 of | | | | | 29 November 1993 | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 45,000 | | | | 1994 | March 15 | 60,000 | Government Decision no. 90 90 of | | | | | 11 March 1994 | | | July 1 | 65,000 | Government Decision no. 353 353 of | | | | | 27 June 1994 | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 65,000 | | | | 1995 | April 1 | 75,000 | Government Decision no. 184 184 of | | | | | March 31, 1995 | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 75,000 | | | | 1996 | August 1 | 97,000 | Government Decision no. 594 594 of | | | | | July 22, 1996 | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 97,000 | | | | | February 1 | 150,000 | Government Decision no. 27 27 of | | | | | February 21, 1997 | | 1997 | August 1 | 225,000 | Government Decision no. 468 468 of | | | | | August 25, 1997 | | | October 1 | 250,000 | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 1998 | April 1 | 350,000 | Government Decision no. 208 208 of | | | | | March 31, 1998 | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 1999 | 1 May | 450,000 | Government Decision no. 296 296 of | | | | | 15 April 1999 | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 450,000 | | | | 2000 | February 1 | 700,000 | Judgment no. 101 of 9 February | | | 1 December | 1.000.000 | 2000 | | | | | Judgment no. 1.166 1.166 of | | | | | 28 November 2000 | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | | | 1.000.000 | | | | 2001 | 1 March | 1.400,000 | Judgment no. 231 of 8 February | | | | | | 2001 | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 2002 | | 1.400,000 | | | | | March 1 | 1.750.000 | Government Decision no. 1037 1037 of | | | | | October 18, 2001 | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 2003 | | 1.750.000 | Government Decision no. 1105 1105 of | | | January 1 | 2.500,000 | October 10, 2002 | | | | | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 2004 | | | Government Decision no. 1515 1515 of | | | January 1 | 2.800,000 | December 18, 2003 | | | | | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 2005 | | | Government Decision 2,346 of | | | January 1 | 3.100,000 | December 14, 2004 | | | | | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 2006 | | | Government Decision 1,766 of | | | January 1 | 330 (RON) | December 22, 2005 | | | | | | | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 2007 | January 1 | | Government Decision 1,825 of | | | | 390 (RON) | December 21, 2006 | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 2008 | January 1 | 500 (RON) | Government Decision 1.507 of | | | | | December 12, 2007 | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 2008 | 1 October | 540 (RON) | Government Decision 1.051 of | | | | | 10 September 2008 | ├ ------- 留言 | 加入好友 ----- 留言 | 加入好友 | 2009 | January 1 | 600 (RON) | Government Decision 1.051 of | | | | | 10 September 2008 | └ -------] [...] [...] [...] [...] [...] NOTE: The Ministry of Labour, Family and Social Protection *) transmits to the CNPAS the data for completing Annex no. 7. SOURCE: Ministry of Labour, Family and Social Protection. -------------- Note from Annex no. 7 7 has been amended by art. III of EMERGENCY ORDINANCE no. 294 294 of 30 December 2000 , published in MONITORUL OFFICIAL no. 707 of 30 December 2000, by replacing the name "Ministry of Labour and Social Protection" with the name "Ministry of Labour and Social Solidarity". ------