Law No. 164 Of 7 April 2001 Concerning State Military Pensions

Original Language Title:  LEGE nr. 164 din 7 aprilie 2001 privind pensiile militare de stat

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Law No. 164 of 7 April 2001 (* republished *) (* updated *) on military pensions (updated until 16 January 2009 *) ISSUER-PARLIAMENT--*) Text was republished law published in MONITORUL OFICIAL nr. 748 of 14 October 2002. This is the updated form of S.C. "territorial Center of Electronic Computing" Piatra Neamţ until January 16, 2009, with changes and additions made by: judgement No. of 20 November 2002 1,301; JUDGMENT No. 218 of 27 February 2003; JUDGMENT No. 614 of 29 May 2003; JUDGMENT No. 1,006 of 22 august 2003; Law No. 479 of 12 November 2003; JUDGMENT No. 1,383 of 27 November 2003; Law No. 555 of 18 December 2003; JUDGMENT No. 263 of 26 February 2004; JUDGMENT No. 808 of 27 May 2004; EMERGENCY ORDINANCE No. 93 of 10 November 2004; Law No. 90 of 3 April 2007 *); EMERGENCY ORDINANCE No. 77 of 28 June 2007; Law No. 14 of 14 February 2008; EMERGENCY ORDINANCE No. 230 of 30 December 2008; Decision No. 82 of 15 January 2009.
By decision of the CONSTITUTIONAL COURT No. 82 of 15 January 2009 published in Official Gazette No. 33 of 16 January 2009 was the plea of unconstitutionality raised directly by the Ombudsman and it was found that EMERGENCY ORDINANCE nr. 230 of 30 December 2008 published in MONITORUL OFICIAL nr. 4 of 5 January 2009 on modification of some legal acts in the field of public pensions, pensions and State of the service is contrary to art. 115 paragraph 1. (6) of the Constitution.


Chapter I General provisions Article 1 (1) the right to pensions and social security for the military is guaranteed by the State and is exercised under the present law.
  

(2) the General principles laid down in article 21. 2 of law No. 19/2000 on the public system of pensions and other social insurance rights is applied properly and military pensions by the State, except in cases where this law provided otherwise.
  


Article 2 the State military pensions System and social insurance in the field of national defence, public order and national security risks, covers military activity and loss of income due to invalidity, batranetii and death.


Article 3 the provisions of this law shall enjoy military frames, reserve or retired, hereinafter military cadres, as well as their descendants.


Article 4 The State military pensions system and social insurance in the field of national defence, public order and national security, the following benefits shall be granted: a military pension of State);
  

(b)) other rights of social security established by laws or by decisions of the Government, on the basis of the legal provisions applicable in the public pension system and other social insurance rights.
  


Article 5 (1) the Ministry of national defense, the Ministry of administration and Interior and intelligence service information to ensure the application of the rules on military pensions and other social insurance rights of conscripts, exercise control of their application and initiating proposals for legal acts in the field.
  

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Alin. (1) of article 1. 5 was amended by replacing the word ' Ministry of administration and Interior, "" Ministry of Interior and Administrative reform "under the EMERGENCY ORDINANCE nr. 30 of April 25, 2007, published in MONITORUL OFICIAL nr. 309 of 9 May 2007 and has the name "National" Ministry of defence "Ministry of Defense", in accordance with the law. 346 of 21 July 2006, published in MONITORUL OFICIAL nr. 654 of 28 July 2006.
NOTE C.T.C.E. S.A. Piatra Neamt: by EMERGENCY ORDINANCE nr. 221 of 23 December 2008, published in MONITORUL OFICIAL nr. 882 of 24 December 2008 has ordered reorganizing some ministries, thus: "Art. 1 set up the Ministry of administration and interior by reorganizing the Ministry of Interior and Administrative reform.
Art. establish national Defense Ministry 3SE by reorganizing the Ministry of defence. "

(2) the funds necessary for the payment of pensions to the State military and other social insurance rights are secure from the State budget through the budgets of the institutions referred to in paragraph 1. (1) and (3) Administration and control over the management of funds is carried out by specialised bodies, whether at the level of the institutions referred to in paragraph 1. 1. Article 6 Frames can benefit from military one of the State's military pension.


Article 7 (1) of the Pension Rights are imprescriptible and may not be assigned in whole or in part.
  

(2) payment of benefits pursuant to article 114. 4 shall be subject to the general term of prescription, according to the law.
  

(3) the obligations and benefits of social insurance are paid in the national currency.
  


Article 8 Frames can provide military and private institutions of social security under the conditions stipulated by law.


Article 9 (1) the working conditions under which the work is done the military may be: (a));
  

(b));
  

(c)).
  

(2) the rules governing the employment and activities with special conditions and special set for the public pension system and other social insurance rights shall also apply to the military that operate in similar conditions.
  

(3) the employment and activities with special conditions and special features for specific military frames *), shall be determined by decision of the Government, on the basis of proposals from institutions in the field of national defence, public order and national security.
  

(4) the Government decision mentioned in paragraph 1. (3) it will be done within 3 months from the date of publication of this law in the Official Gazette of Romania, part I.
  

(5) the provisions of paragraphs 1 and 2. (1) to (3) shall apply, as appropriate, and the military in reserve/withdrawal until the date of entry into force of this law.
  


Chapter II military Pension of State pensions article 10 the State military System comprises: (a));
  

b) invalidity pension;
  

c survivors ' pension).
  


Section 1 of article 11 Service Pension payments service can be: the age limit);
  

b) advance;
  

c) partial prepayment.
  


Article 12 are entitled to a pension for old age military frames activity that they meet all the following conditions are met: a) the age of 55 years;
  

b the minimum seniority in service) for 25 years, including 15 years as actual military.
  

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Art. 12 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 77 of 28 June 2007, published in MONITORUL OFICIAL nr. 444 of 29 June 2007.


Article 13 shall be entitled to a pension of anticipated military frames service activity that satisfies the conditions of seniority referred to in art. 12 lit. (b)) and is located in one of the following situations: a) having reached the age of 50 years and are entered in the reserve as a result of the fulfillment of the age limit in the degree provided by law No. 80/1995 on the status of the military or as a result of reorganization of units and reduction of some State functions, as well as for other reasons or needs of the institutions in the field of national defence, public order and national security;
  

b) are entered in the reserve or retired as a result of the ranking as unfit or apt for military service had been limited by medical expertise commissions.
  


Article 14 (1) shall be entitled to a partial pension prepayment service military activity frameworks, regardless of age, who have a length of service of not less than effective in 20 years, of which at least 10 years as the military, and is located in one of the following situations: a) are entered in the reserve as a result of the fulfillment of the age limit provided for by law no degree. 80/1995 or as a result of reorganization of units and reduction of some State functions, as well as for other reasons or needs of the institutions in the field of national defence, public order and national security;
  

b) are entered in the reserve or retired as a result of the ranking as unfit or apt for military service had been limited by medical expertise commissions.
  

(2) the amount of the pension for partial military early in the activity specified in paragraph 2. (1) shall be calculated in proportion to the number of years of service.
  


Article 15 of the military at the time Frames of the passage in the book do not satisfy the conditions for entitlement to a pension, but also less effective as the military for at least 15 years, qualifying for the State's military retirement age of 55 years, proportional to the number of years of military service.
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Art. 15 was modified by section 2 of article in law No. 14 of 14 February 2008, published in MONITORUL OFICIAL nr. 127 of 19 February 2008.


Article 16 (1) Frames in activity that is in one of the situations referred to in article 1. 9 para. (1) (a). b) or c) benefit from early retirement or partial service early, as follows: a) to the age of 50 years, if they conducted the work of the special working conditions for at least 20 years, of which at least 10 years effectively as military;
  

b) at the age of 45 years if they conducted the work of the special working conditions for at least 15 years, of which at least 10 years effectively as military.
  

— — — — — — — — — — — —-. (1) of article 1. 16 was amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 77 of 28 June 2007, published in MONITORUL OFICIAL nr. 444 of 29 June 2007.


(2) military activity which Frames have less effective in service for 20 years as a personal failure on the aircraft carrier-based fighter, bomber and fighter-supersonic research, as well as divers benefit from anticipated service pension or partial prepayment request, regardless of age, if they have a length of at least 10 years effectively as military.
  


Article 17 length of service to be taken into account in determining the pension shall be the period during which a person was in one of the following situations: a) had the quality of pharmacist in the activity;
  

b) has fulfilled his military service as a military term, a military term, pupil or student of an educational institution for military training military cadres;
  

c) was mobilized as a concentrated or reservist;
  

d) has been in captivity.
  

e) had the quality of civil servants with special status in institutions of the system of defence, public order and national security.
  

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Lit. s) art. 17 was introduced by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 77 of 28 June 2007, published in MONITORUL OFICIAL nr. 444 of 29 June 2007.


Article 18 (1) proof of length of military service and the other elements necessary to establish pension is made with the pension drawn up on the basis of data from the serial card or other legal documents.
  

(2) evidence concerning the length of service provided in other than the quality of the military, to deal with the employee or with other documents on the basis of which it makes retirement according to law No. 19/2000.
  


Article 19 where from the summation of periods of service resulting fractions of at least 6 months, they are complete within a year, and the smallest is neglect.


Article 20 (1) Between military pensions system and public pension system shall be mutually recognized periods of work experience placements in service contribution, respectively, with a view to opening up the right to pension and other social insurance rights.
  

(2) In the situation referred to in paragraph 1. (1) a pension shall be determined by the State military only for the periods of service.
  

(3) the periods referred to in article service. 17, which are recognised as periods of contribution to the public pension system, are considered in determining pension in one of the two systems.
  


Article 20 ^ 1 for military retirement does not meet the conditions laid down in articles. 15, granting military pension of State will abide by the principle that the opening of the right to pension is carried out first of the last system in which the person concerned was insured.
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Art. 20 ^ 1 was amended by section 3 of article in law No. 14 of 14 February 2008, published in MONITORUL OFICIAL nr. 127 of 19 February 2008.


Article 21 (1) calculation basis used for the determination of State military pension is intended to result in gross monthly on the last month of activity, which includes the grade corresponding to the result date of passage of the book.
  

(2) where changes have taken place in back pay for the past 6 months of activity, the basis for calculating the average monthly gross back pay in this period, less the service grade. To add the average result of degree referred to in paragraph 1. 1. (3) where the amendments referred to in paragraph 1. (2) have been determined as a result of amendments to normative acts, shall apply the provisions of paragraph 1. (1).
  

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Alin. (3) art. 21 was introduced by paragraph 6 of article 19. From the EMERGENCY ORDINANCE nr. 77 of 28 June 2007, published in MONITORUL OFICIAL nr. 444 of 29 June 2007.

(4) for military pensioners under the terms of art. 15 and art. 31 para. (2) the basis of calculation used for establishing military pension is that laid down in paragraph 1. (1) the opening date of the updated law.
  

— — — — — — — — — — — —-. (4) article. 21 was introduced by paragraph 6 of article 19. From the EMERGENCY ORDINANCE nr. 77 of 28 June 2007, published in MONITORUL OFICIAL nr. 444 of 29 June 2007.


Article 22 Service Pension for age limit and advance pension is determined as a percentage of the basis for calculation: the isometric activity) under normal circumstances, 60%;
  

b) for work in special conditions, isometric 62%;
  

c) for his work in special conditions, isometric 64%.
  


Article 23 (1) the corresponding Percentages for isometric activity in special conditions and/or specific provisions shall be granted to the military who actually worked at least 20 years in special conditions or 15 years in the special conditions. If you have worked less than corresponding percentages, the work done in normal circumstances be granted an increase proportional to the actual time worked in special conditions or special.
  

(2) to persons covered by paragraph 1. (1) in fixing the pension will be taken into account for each year worked in such conditions: a) 1 year and 3 months in the case of those who have worked in special conditions;
  

b) 1 year and 6 months in the case of those who have worked in special conditions;
  

c) 2 years in a situation of war or in other conditions laid down by decision of the Government.
  


Article 24 (1) military Frames that have a length of service of more than twenty-five years shall receive, for each year, in addition, an increase of 2 per cent of the basis of calculation used in establishing/updating of the pension.
  

(2) the provisions of paragraphs 1 and 2. (1) shall apply from the date of entry into force of this emergency Ordinance, for military pensions contained in the payment at that time, the first update, in accordance with art. 48 para. (1) (a). a).
  

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Art. 24 was amended by paragraph 4 of article in law No. 14 of 14 February 2008, published in MONITORUL OFICIAL nr. 127 of 19 February 2008.


Article 25 of the State's military Pension fixed and updated under this law may not be higher than the envisaged in establishing/updating of the pension.
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Art. 25 has been amended by section 8 of article. From the EMERGENCY ORDINANCE nr. 77 of 28 June 2007, published in MONITORUL OFICIAL nr. 444 of 29 June 2007.


Article 26 (1) persons in receipt of a pension for military service can be classified into work during an indefinite or definite duration, as appropriate, including in the public sector, with proper pay function in which they are placed, including the bonus for seniority of work, corresponding to the acquired seniority until retirement date.
  

(2) the persons referred to in paragraph 1. (1) except for those that are in situations described in article 2. 59 paragraph 1. (1) (a). (g)), may be added with pension income from a professional activity, regardless of the respective income level).
  

— — — — — — — — — — — —-. (2) of article 9. 26 was amended by section 1 of article. The EMERGENCY ORDINANCE nr. 230 of 30 December 2008 published in MONITORUL OFICIAL nr. 4 of 5 January 2009.
— — — — — — — — — — — — — — *) Note C.T.C.E. S.A. Piatra Neamt: by decision of the CONSTITUTIONAL COURT No. 82 of 15 January 2009 published in Official Gazette No. 33 of 16 January 2009 was the plea of unconstitutionality raised directly by the Ombudsman and it was found that EMERGENCY ORDINANCE nr. 230 of 30 December 2008 published in MONITORUL OFICIAL nr. 4 of 5 January 2009 on modification of some legal acts in the field of public pensions, pensions and State of the service is contrary to art. 115 paragraph 1. (6) of the Constitution.
According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.
In conclusion, as of 16 January 2009, whereas the Emergency Ordinance nr. 230 of 30 December 2008 will be suspended by operation of law, and the changes and additions brought about by this act upon the law. 164/2001, in particular paragraph 2, republished. (2) of article 9. 26, will be suspended, to cease legal effects, as of March 3, 2009, if the legislature does not intervene to agree to Emergency Ordinance nr. 230 of 30 December 2008 with constitutional provisions.


Section 2 invalidity pension article 27 shall be entitled to invalidity pension military frames which have lost all or at least half of their working capacity due to: a) during accidents and accidents due to service, treated as such under the law, diseases contracted during the completion of his military service and tuberculosis;
  

b) accidents or diseases that have no connection with the performance of military service.
  


Article 28 the invalidity pension shall be determined in relation to the degree of loss of work capacity, as follows: a) the invalidity degree, characterized by total loss of work capacity, as well as impaired capacity, requiring permanent care or supervision from another person;
  

b) invalidity of grade II, characterized by total loss of work capacity, with the possibility invalidului to help themselves without the help of another person;
  

c) invalidity of III degree, characterized the loss of at least half of their working capacity, being able to provide invalidul an occupation after switching to reserve.
  


Article 29


Criteria and rules on which makes enrolment in grades I, II and III of the disability is approved by order of the leaders of the institutions referred to in article 1. 5 para. (1) on the advice of the Ministry of labour, family and social protection and the Ministry of health.
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Art. 29 was modified by replacing the name "Ministry of labor, social solidarity and family" as "Ministry of labor, family and equal opportunities," according to JUDGMENT No. 381 of 25 April 2007, published in MONITORUL OFICIAL nr. 287 of 2 May 2007 and the name "Ministry of health" with the name of the Ministry of public health, "according to JUDGMENT No. 862 of 28 June 2006, published in MONITORUL OFICIAL nr. 590 of 7 July 2006.
NOTE C.T.C.E. S.A. Piatra Neamt: by EMERGENCY ORDINANCE nr. 221 of 23 December 2008, published in MONITORUL OFICIAL nr. 882 of 24 December 2008 has ordered reorganizing some ministries, thus: "Art. 14 set up the Ministry of labour, family and social protection through the reorganization of the Ministry of labour, family and equal opportunities.


Article 15 the Ministry of health shall be established through reorganization of Ministry of public health. "


Article 30 (1) the employment level of disability is made of panels of medico-military expertise. The establishment, organization, functioning and powers of the boards of medico-military expertise will be established by the regulation, approved by the Minister of national defence, Minister of administration and Interior and the head of the service of information.
  

(2) medical expertise commissions on military hospitals near the medical decisions of employment issued to a degree of disability, which will be approved by the Central Committee of the Medico-military Expertise of the Ministry of national defense, MOAI or service of information, as appropriate.
  

(3) decisions issued under the conditions of paragraph 1 medical. (2) the notice of opposition may be made within 30 days of the communication to the Central Medico-Military Expertise.
  

(4) the period of resolving complaints is 30 days from the date of registration.
  

(5) the decisions of the boards of Central medico-military expertise, data in the resolution of a complaint referred to in paragraph 1. (3) may be appealed to the competent courts of law shall, within 30 days of receipt.
  

(6) medical decisions of employment or neincadrare degrees of invalidity, uncontested within, remain definitive.
  

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Art. 30 was amended by replacing the word ' Ministry of administration and Interior, "" Ministry of Interior and Administrative reform "under the EMERGENCY ORDINANCE nr. 30 of April 25, 2007, published in MONITORUL OFICIAL nr. 309 of 9 May 2007 and has the name "National" Ministry of defence "Ministry of Defense", in accordance with the law. 346 of 21 July 2006, published in MONITORUL OFICIAL nr. 654 of 28 July 2006.
NOTE C.T.C.E. S.A. Piatra Neamt: by EMERGENCY ORDINANCE nr. 221 of 23 December 2008, published in MONITORUL OFICIAL nr. 882 of 24 December 2008 has ordered reorganizing some ministries, thus: "Art. 1 set up the Ministry of administration and interior by reorganizing the Ministry of Interior and Administrative reform.
Art. establish national Defense Ministry 3SE by reorganizing the Ministry of defence. "


Article 31 (1) Frames in activity that have lost the ability to work due to accidents or diseases that have no connection with the performance of military service shall be eligible for invalidity pension only if they meet at least half of the terms and conditions of service, in relation to age, as follows: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Age frame length of military service performed at the time of disability disability arising arising previously (ani) ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ 5 under 25 years 25-30 years old 8 31-37 11 37-43 14 43-49 18 49-55 22 55 years over 25 ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (2) are entitled to an invalidity pension from the military and those arising from the invalidity date is no longer had the quality of pharmacist in activity but fulfilling the condition of length of service laid down in paragraph 1. 1. Article 32 in the case the invalidity arose as a result of an accident during and due to an accident or assimilated, diseases contracted during and due fulfilment of military service or tuberculosis, the invalidity pension is granted irrespective of length of service.


Article 33 (1) the amount of the invalidity pension shall be determined in proportion to the number of years of service, in accordance with the provisions of art. 22-24. (2) The sum of the percentages due to length of service actually accomplished add, for each year, until the age of complete the following percentages: a) 1% for 1st-degree disability;
  

b) 0.8% invalidity degree;
  

0.6% c) invalidity of III degree.
  

(3) the amount of the invalidity pension under the conditions laid down in paragraph 1. (1) for cases referred to in article 1. 31, will be reduced as follows: (a)) by 10% for the 1st degree invalidity;
  

b) 15% for the degree of disability;
  

c) 20% for third degree invalidity pension.
  


Article 34 Retirement into degree of invalidity are entitled to an allowance of attendant, besides the pension, in the amount established for that category in the public pension system and other social insurance rights.


Article 35 (1) Disability Retirement are subject to revision at intervals of 6-12 months, within the time limits laid down by the medical-military expertise.
  

(2) After each review of a new medicomilitara expertise issued medical decision whereby it establishes, where necessary, to maintain the same degree) in disability;
  

b) enrolment in different degree of disability;
  

c) ceasing of retiree disability benefits as a result of thought work capacity.
  

(3) entitlement to invalidity pension shall modify or cease as of the month following that in which the decision has been issued by the medical review.
  

(4) failure to attract medical review pension payment suspension as of the month following that in which it was provided for review.
  

(5) the review of periodic medical can be done at the request of pensioners, and if their condition has improved or, where appropriate, worsened during the period of review, but only until the age of 55 years.
  

(6) are not subject to periodic revision of medical disability retirement: a) presents invaliditati irreversible;
  

b) have reached the age laid down in paragraph 1. (5);
  

c) benefit from the pension pursuant to article. 13 lit. (b)) and art. 14 lit. Article 36 b). The fulfillment of the ages referred to in this law to obtain military service pension for age limit retirement disability may opt for a pension that favor them. Recipients of disability degree retain entitlement to attendant allowance, irrespective of the pension benefit.


Section 3 of the survivor Article 37 shall be entitled to survivor's pension, the surviving spouse and children, if the deceased person was retired or met the conditions for getting a military pension.


Article 38 children are entitled to survivor's pension: a) up to the age of 16 years;
  

b) if they continue their studies in an organized form of education according to the law, until their completion, without exceeding the age of 26 years;
  

c) if they are students or students military personnel or civilian education, until first grade officers, salesperson or petty officer, without exceeding the age of 26 years;
  

d) throughout the duration of any disability, whether it arose while he was in one of the situations referred to in points. a), b) or (c)).
  


Article 39 (1) the surviving spouse is entitled to the survivor's pension throughout life, at the age of 55 years, if you had at least 15 years of marriage with a deceased person and don't realize the monthly income from a professional activity for which insurance is compulsory or they are less than half the average salary per economy.
  

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Alin. (1) of article 1. 39 has been amended by paragraph 5 of article in law No. 14 of 14 February 2008, published in MONITORUL OFICIAL nr. 127 of 19 February 2008.

(2) where the duration of the marriage is less than 15 years, but at least 10 years, the amount of the survivor's pension, the surviving spouse due shall be reduced 0.5% per month, respectively 6% for each year of marriage.
  


Article 40 (1) the surviving spouse is entitled to the survivor's pension, regardless of age, cat is invalid I or II if it had at least one year of marriage with the deceased person.
  


(2) the surviving spouse is entitled to the survivor's pension, regardless of age and duration of marriage, if the death of the breadwinner husband occurred during as a result of an accident during the service, accident law, assimilated to a disease contracted during the completion of his military service, deemed to constitute occupational diseases or tuberculosis and if not carried out monthly income from a professional activity for which insurance is compulsory or they are less than a quarter of the gross average salary per economy.
  


Article 41 the surviving spouse who does not meet the conditions laid down in article 21. 39 or in article 11. 40 para. (1) shall receive survivor's pension for a period of 6 months from the date of death, if not during this period carried out monthly income from a professional activity for which insurance is compulsory or they are less than one-fourth of the average salary per economy.


Article 42 the surviving spouse who is in care at the time of death of the breadwinner, one or more children aged up to 7 years of age shall receive survivor's pension until the age of 7 years of the last child, during periods in which the monthly incomes don't realize from an occupation for which insurance is compulsory or they are less than one-fourth of the average salary per economy.


Article 43 (1) the survivor's pension is calculated, as appropriate, of: (a)) for the age limit in the payment to, or would have been entitled, under the law, the sponsor of the deceased;
  

b) invalidity pension degree, where the breadwinner's death occurred prior to the fulfilment of the conditions for obtaining a pension for age limit and was anticipated in the pension payment, partial anticipated pension, invalidity pension of any degree or would have been entitled, under the law, to one of these categories.
  

(2) the amount of the survivor's pension is determined as a percentage of the breadwinner's pension referred to in paragraph 1. (1) depending on the number of entitled survivors: a) for a single survivor 50%;
  

b) 2 75% offspring;
  

c) for 3 or more survivors 100%.
  


Article 44 the amount of the survivor's pension, in the case of orphans of both parents represent the sum of survivor rights calculated according to each parent.


Article 45 where the number of survivors pension shall be recalculated in accordance with the provisions of art. 43 para. 2. Article 46 surviving spouse entitled to a pension and fulfils the conditions provided by law for obtaining a survivor's pension after the deceased spouse can opt for the most advantageous pension.


Article 47 recipients of survivor's pension referred to in art. 38 lit. d) and in article 8. 40 para. (1) are, subject to medical expertizati the review pursuant to article 35 and have an obligation to follow the programs under the same regulations provided for rehabilitation for invalidity pension in the public pension system.


Section 4 of the Updating of pensions in article 48 (1) the amount of military pensions shall be updated as follows: a) whenever there shall result in grade and/or maximum function/service basic salary/compensation function of satisfied monthly military activity, according to the military and the maximum degree of the function being considered at the time of the transition, in relation to the percentage for determining the pension under the conditions laid down in article 21. 22-25, 33 and article. 78 para. 1. military Frames can opt for the best value taken into account in calculating the pension;
  

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Lit. of paragraphs 1 to 5). (1) of article 1. 48 was amended by section 6 of article in law No. 14 of 14 February 2008, published in MONITORUL OFICIAL nr. 127 of 19 February 2008.

b) depending on the financial possibilities, during the budgetary execution, by indexing a percentage to cover up to 100%, the inflation rate of the Government);
  

c) in situations where social protection measures referred to in points. b) can be found in back pay grade increase and/or back pay function of military activity, updating of pensions shall be carried out under the conditions laid down in (a). a). (2) pending the conclusion of the process of recalculating the pensions of military State, referred to in art. 79, shall apply the provisions of paragraph 1. (1) (a). b). — — — — — — — — — — — — — — *) Note C.T.C.E. S.A. Piatra Neamt: according to paragraph 2. (1) of article 1. 6 of JUDGEMENT No. of 20 November 2002 1,301, published in MONITORUL OFICIAL nr. 864 of 29 November 2002, military pensions, or payment due in December 2002, established under the legislation prior to 1 April 2001, 6 percent are indexed.
According to art. 6 of JUDGEMENT No. 218 of 27 February 2003, published in Official Gazette No. 144 of 5 March 2003, military pensions, or payment due in February 2003, laid down under the legislation prior to 1 April 2001, are indexed with a rate of 3.5%.
According to art. 6 of JUDGEMENT No. 614 of 29 May 2003, published in Official Gazette No. 392 of 6 June 2003, military pensions, due or payment in May 2003, established under the legislation prior to 1 April 2001, are indexed starting with June 2003 with 2.7%.
Art. 6 of JUDGEMENT No. 1,006 of 22 august 2003, published in Official Gazette No. 618 of 30 august 2003: "Art. 6 (1) military Pensions, due or payment in august 2003, laid down under the legislation prior to 1 April 2001, are indexed since September 2003 with 2.65%.
  

(2) military Pensions, due or payment in august 2003, established on the basis of law No. 164/2001 concerning State military pensions, republished, for the military reserve or retreating until 31 December 2002, are indexed since September 2003 with 1%. "
  

Art. 6 of JUDGEMENT No. 1,383 of 27 November 2003, published in Official Gazette No. 856 from 2 December 2003 stipulates that military pensions, due or payment in November 2003, laid down under the legislation prior to 1 April 2001, the index since December 2003 with 3.1%.
Military pensions, due or payment in November 2003, drawn up on the basis of law No. 164/2001 concerning State military pensions, republished, with subsequent amendments, for backup or the military withdrawal no later than 31 December 2002, are indexed since December 2003 with 2%.
Art. JUDGMENT No. 7 263 of 26 February 2004, published in Official Gazette No. 205 of 9 March 2004: "Art. 7 (1) military Pensions, or payment due in February 2004, established under the legislation prior to 1 April 2001, it indexes since March 2004 with 2%.
  

(2) military Pensions, or payment due in February 2004, established on the basis of law No. 164/2001 concerning State military pensions, republished, with subsequent amendments, for the military reserve or retreating until 31 December 2002, it indexes since March 2004 with 1%. "
  

According to art. JUDGMENT No. 7 808 of 27 May 2004, published in Official Gazette No. 480 of 28 May 2004, military pensions, or payment due in May 2004, laid down under the legislation prior to 1 April 2001, are indexed as of June 2004 by 2%.
Military pensions, or payment due in May 2004, established on the basis of law No. 164/2001 concerning State military pensions, republished, with subsequent amendments, for the military or retired reserve until 29 February 2004, are indexed as of June 2004 by 1.5%.


Section 5-the setting and payment of pensions to Article 49 (1) military Pensions by the State shall be granted at the request of the person entitled, the designated representative of the Special Attorney, guardian or trustee thereof, as appropriate, as follows: a. at the Ministry of national defense: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ a) military of which belonged to the military, if he or she is retiring from the reserve or retired;
  

b), military centre in the case of those eligible for retirement after the exit date of the military activity.
  

B. the Ministry of administration and Interior and the Intelligence Service Information: ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ a) military was part of which at the date of transition in reserve or retired;
  

(b) the Department or County Inspectorate) information center in the home range of the survivors of deceased military pensioners.
  

(2) For the frames belonging to the Ministry of Justice's military and Civil Liberties, and for those on secondment to perform missions in and out of the institutions referred to in article 1. 5 para. (1) applications shall be submitted by the Ministry of personnel structures for Justice and Freedoms, i.e. those of the establishments in which they were deployed.
  

(3) For the frames belonging to the Ministry of Justice military and Freedoms, Guard and protection service, the foreign intelligence service and the Special Telecommunications Service applications for retirement shall be submitted to the bodies belonging to the Ministry of national defence and the MOAI, as appropriate, in accordance with the protocols concluded between them.
  


(4) for people entitled to survivor's pension, whose supporters were deceased military retirees, retirement and request may be submitted and to law enforcement agencies in whose pensions were obvious proponents.
  

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Art. 49 was amended by replacing the word ' Ministry of administration and Interior, "" Ministry of Interior and Administrative reform "under the EMERGENCY ORDINANCE nr. 30 of April 25, 2007, published in MONITORUL OFICIAL nr. 309 of 9 May 2007 and has the name "National" Ministry of defence "Ministry of Defense", in accordance with the law. 346 of 21 July 2006, published in MONITORUL OFICIAL nr. 654 of 28 July 2006.
NOTE C.T.C.E. S.A. Piatra Neamt: by EMERGENCY ORDINANCE nr. 221 of 23 December 2008, published in MONITORUL OFICIAL nr. 882 of 24 December 2008 has ordered reorganizing some ministries, thus: "Art. 1 set up the Ministry of administration and interior by reorganizing the Ministry of Interior and Administrative reform.
Art. establish national Defense Ministry 3SE by reorganizing the Ministry of defence.


Article 12 established the Ministry of Justice and Freedoms by reorganizing the Ministry of Justice. "


Article 50 (1) in order to establish military pension of State organs. 49 are required to draw up the retirement, these bearing full responsibility for the accuracy of the data entered.
  

(2) the retirement for invalidity must contain mandatory and medical employment decision degree of disability.
  

(3) the methodology of compiling the dossier of retirement is determined by order of the Minister of national defence, Minister of administration and Interior and the Director of the Romanian Information Service.
  

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Alin. (3) art. 50 was amended by replacing the word ' Ministry of administration and Interior, "" Ministry of Interior and Administrative reform "under the EMERGENCY ORDINANCE nr. 30 of April 25, 2007, published in MONITORUL OFICIAL nr. 309 of 9 May 2007 and has the name "National" Ministry of defence "Ministry of Defense", in accordance with the law. 346 of 21 July 2006, published in MONITORUL OFICIAL nr. 654 of 28 July 2006.
NOTE C.T.C.E. S.A. Piatra Neamt: by EMERGENCY ORDINANCE nr. 221 of 23 December 2008, published in MONITORUL OFICIAL nr. 882 of 24 December 2008 has ordered reorganizing some ministries, thus: "Art. 1 set up the Ministry of administration and interior by reorganizing the Ministry of Interior and Administrative reform.
Art. establish national Defense Ministry 3SE by reorganizing the Ministry of defence. "


Article 51 the retirement shall be drawn up and shall be submitted to the pension institutions established at the level provided for in article 10. 5 para. (1) by law enforcement. 49, within 30 days after the date on which the application was registered.


Article 52 (1) pension rights shall be established and shall be paid as follows: a) the expiry date of the payment of back pay the military or, where appropriate, the service pay or pension of the deceased breadwinner, if the application together with all necessary documents, was submitted to the pensions within 90 days from the date of arising of such a situation;
  

b) from the first day of the month following the month in which the request, together with the necessary documents, was submitted to the pensions over the term referred to. a). (2) For those persons who satisfy the conditions for retirement after the exit of military activity or after the death of the breadwinner's pension is established and shall be payable with effect from the first day of the month following the month in which the application was lodged, together with the necessary documents, to the pension plan.
  


Article 53 (1) establishing the right to a pension or retirement application rejection is made by the decision issued by the pension plan within 45 days of the date of submission. The decision shall include the grounds of fact and law which have led to the admission or rejection of the application for retirement, as well as the time within which the appeal may be brought.
  

(2) the decisions of the pension shall be communicated in writing to persons who have applied for retirement within ten days from the date of issue.
  


Article 54 (1) against any decision issued pursuant to article. 53 opposition may, within 30 days of the communication to pension appeals boards which operates within the Ministry of national defense, Ministry of administration and Interior and the service of information.
  

(2) component of the committees referred to in paragraph 1. (1) shall be determined by order of the Minister of national defence, Minister of administration and Interior or the Director of the service of information, as appropriate.
  

(3) the decisions of the boards of appeal may be appealed in court according to the law. 19/2000.

(4) Decisions of the pension, as well as uncontested within and the decisions of the boards of appeal which have not been contested in the courts, are final.
  

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Art. 54 was amended by replacing the word ' Ministry of administration and Interior, "" Ministry of Interior and Administrative reform "under the EMERGENCY ORDINANCE nr. 30 of April 25, 2007, published in MONITORUL OFICIAL nr. 309 of 9 May 2007 and has the name "National" Ministry of defence "Ministry of Defense", in accordance with the law. 346 of 21 July 2006, published in MONITORUL OFICIAL nr. 654 of 28 July 2006.
NOTE C.T.C.E. S.A. Piatra Neamt: by EMERGENCY ORDINANCE nr. 221 of 23 December 2008, published in MONITORUL OFICIAL nr. 882 of 24 December 2008 has ordered reorganizing some ministries, thus: "Art. 1 set up the Ministry of administration and interior by reorganizing the Ministry of Interior and Administrative reform.
Art. establish national Defense Ministry 3SE by reorganizing the Ministry of defence. "


Article 55 Complaints Commission adjudicates complaints within the period prescribed by law.


Article 56 if the pension bodies find some errors in the establishment and payment of pension rights will operate legal revisions and changes.


Article 57 (1) the payment of pensions is done monthly.
  

(2) a pension shall be paid to staff of the holder, the designated representative of this through special attorney or legal representative thereof.
  

(3) the arrangements for payment of pensions shall be determined by order of the Minister of national defence, Minister of administration and Interior and the Director of the Romanian Information Service.
  

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Alin. (3) art. 57 was amended by replacing the word ' Ministry of administration and Interior, "" Ministry of Interior and Administrative reform "under the EMERGENCY ORDINANCE nr. 30 of April 25, 2007, published in MONITORUL OFICIAL nr. 309 of 9 May 2007 and has the name "National" Ministry of defence "Ministry of Defense", in accordance with the law. 346 of 21 July 2006, published in MONITORUL OFICIAL nr. 654 of 28 July 2006.
NOTE C.T.C.E. S.A. Piatra Neamt: by EMERGENCY ORDINANCE nr. 221 of 23 December 2008, published in MONITORUL OFICIAL nr. 882 of 24 December 2008 has ordered reorganizing some ministries, thus: "Art. 1 set up the Ministry of administration and interior by reorganizing the Ministry of Interior and Administrative reform.
Art. establish national Defense Ministry 3SE by reorganizing the Ministry of defence. "


Article 58 (1) payment of the pension shall cease as of the month following that in which the recipient: (a)) of the deceased;
  

b) beneficiary no longer meets the legal conditions under which he was granted a pension;
  

c survivors ' pension beneficiary) has been convicted by a final judgment for the remaining for the crime of murder or attempted murder committed upon the breadwinner.
  

(2) the courts shall, within 10 days from the date of final judgment whether, in the cases referred to in paragraph 1. (1) (a). c), communicate in writing to this situation of pension bodies of the institutions referred to in article. 5 para. 1. Article 59 (1) payment of the pension is suspended as of the month following the month in which the pensioner): it establishes his domicile in the territory of a country with which Romania has concluded social security Convention, whether within it is stipulated that a pension is paid to the other State;
  

b the pensioner was concentrated) or mobilized;
  

c) the recipient of a disability pension is not presented in the periodic health review;
  

d) the recipient of a survivor's pension, with the exception of those referred to in article 1. 40-42, carries out monthly gross revenue from a professional activity greater than half of the gross average salary per economy, for which insurance is compulsory;
  

It's no longer a child survivor) fulfils the conditions laid down in article 21. 38 lit. b)-d);
  

f) the surviving spouse, the beneficiary of a survivor's pension, shall be recasatoreste.
  

g) revenue from the exercise of pensioner achieves a remunerated within the authorities and institutions of local and Central Government, regardless of the mode of financing and subordination, as well as within the companies, corporations, national companies and companies in which the capital is wholly owned or majority-owned by the State or an administrative-territorial unit *).
  

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Lit. g) of paragraph 1. (1) of article 1. 59 was introduced by section 2 of art. The EMERGENCY ORDINANCE nr. 230 of 30 December 2008 published in MONITORUL OFICIAL nr. 4 of 5 January 2009.


(2) payment of compensation by the attendant adjourn on time retiree disability degree, except for the blind, is hospitalized in social care institutions or specialised medical units, which provide supervision and care.
  

(3) a person who is receiving a pension and opts for the exercise of a remunerated within the authorities and institutions of local and Central Government, regardless of the mode of financing and subordination, as well as within the companies, corporations, national companies and companies in which the capital is wholly owned or majority-owned by the State or an administrative-territorial unit, be returned to the institution from which he retired within 30 days from the date of their classification, assistance received pursuant to article 5. 31 para. (1), (2) and (2 ^ 1) of law No. 138/1999 concerning remuneration and other rights of military personnel from public institutions of national defense, public order and national security, as well as the granting of civil rights staff wage these institutions, with subsequent amendments and additions, or compensatory payment laid down in article 21. 7 sentence 2 of the Government Ordinance. 7/1998 on some measures of social protection of military and civilian personnel that will be applied during the period of restructuring large units, units and formations from the composition of the Ministry of national defence, as amended by law No. 37/2001, as amended, as well as those provided by Government Emergency Ordinance nr. 100/1999 concerning certain protective measures with regard to the military and civilian employees, which shall apply during the period of restructuring of the central apparatus, headquarters, general inspectorates, large units, units and formations from the composition of the Ministry of the Interior, approved by law No. 267/2001, where appropriate).
  

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Alin. (3) art. 59 was introduced by point 3 of article 1. The EMERGENCY ORDINANCE nr. 230 of 30 December 2008 published in MONITORUL OFICIAL nr. 4 of 5 January 2009.
— — — — — — — — — — — — — — *) Note C.T.C.E. S.A. Piatra Neamt: by decision of the CONSTITUTIONAL COURT No. 82 of 15 January 2009 published in Official Gazette No. 33 of 16 January 2009 was the plea of unconstitutionality raised directly by the Ombudsman and it was found that EMERGENCY ORDINANCE nr. 230 of 30 December 2008 published in MONITORUL OFICIAL nr. 4 of 5 January 2009 on modification of some legal acts in the field of public pensions, pensions and State of the service is contrary to art. 115 paragraph 1. (6) of the Constitution.
According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.
In conclusion, as of 16 January 2009, whereas the Emergency Ordinance nr. 230 of 30 December 2008 will be suspended by operation of law, and the changes and additions brought about by this act upon the law. 164/2001 republished in point 2(a)(i) g) of paragraph 1. (1) of article 1. 59 and paragraphs 1 and 2. (3) art. 59, shall be suspended, to cease legal effects, as of March 3, 2009, if the legislature does not intervene to agree to Emergency Ordinance nr. 230 of 30 December 2008 with constitutional provisions.


Article 60 (1) Resume the suspended payment of the pensions is done upon request, starting with the month following the month in which the cause of the suspension ceased, where the application was filed within 30 days from the date of termination of the cause for the suspension.
  

(2) where an application for payment has been rekindled filed after the expiry of 30 days after the payment is made as of the month following the month in which the application was filed.
  

(3) resumption of payment of survivor's pension shall be suspended as a result of failure to comply with the conditions laid down in article 21. 38 lit. b)-d) is made as of the date of commencement of the school year or from the date of issuance of decision for employment in a degree of disability.
  


Article 61 (1) may be added to survivor's pension with income from a professional activity for which insurance is compulsory, regardless of their level of offspring): children, orphans of both parents during the period of enrollment, up from ages. 38 lit. a)-(c));
  

b) nevazatorii qualifying for a pension.
  

(2) persons entitled to survivor's pension, with the exception of those referred to in article 1. 40-42, may be cumulated with the pension income from a professional activity, if the monthly gross revenues do not exceed half of the realized average salary on economy gross monthly.
  


Article 62 military service pension Beneficiaries who fall into the book after work may require the establishment of pension rights acquired in relation to length of service after retirement in circumstances provided for by law No. 19/2000.


Article 63 (1) the decisions of the military pensioners pension recalled among the military or employed in institutions of the system of defence, public order and national security as civil servants with special status with professional grade shall be revoked.
  

(2) the provisions of paragraphs 1 and 2. (1) shall apply from the day on which the military has been delivered to the unit/institution in which it was employed.
  

(3) establishment/institution and soldiers recalled among the military or employed as civil servants with special status with professional grade may request retirement at any time under the present law.
  

(4) to a new passage in the book/termination of employment, length of service to be taken into consideration in determining the State's military pension is the one referred to earlier retirement, plus time served after recalling among military activity, i.e., the time worked as a public servant with special status with professional grade.
  

(5) on the basis of the calculation of the pension to be taken soldele. 21.
  

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Art. 63 was amended by section 6 of article in law No. 14 of 14 February 2008, published in MONITORUL OFICIAL nr. 127 of 19 February 2008.


Article 64 of law pension Beneficiary is obliged to notify the pensions modification concerning the conditions for the granting and payment of the pension shall, within 15 days of its occurrence.


Article 65 (1) the amounts never collected by the pensioner died, representing the pension for the month in which the death occurred and, where appropriate, in respect of pension rights due and unpaid until the death, shall be paid to the surviving spouse, children, parents or, in their absence, other heirs, under the common law.
  

(2) the amounts set out in paragraph 1. (1) as may be required under the general term of limitation.
  


Article 66 (1) undue amounts received by way of pension shall be recovered from pensioners in the limitation period of 3 years.
  

(2) amounts received undue pecuniary pension as a result of a crime committed by a military pensioner, recovered from it as from the date of the first payment of amounts plus interest until full recovery from injury.
  

(3) flow rates established pursuant to paragraph 1. (2) the remaining unrecovered from deceased, retirement shall be recovered from the heirs, according to common law.
  


Article 67 the recovery of amounts under art. 66 is made on the basis of the decision issued by the pensions of the Ministry of national defense, Ministry of administration and Interior and the service of information, as appropriate, which shall be enforceable.
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Art. 67 was modified by replacing the name "Ministry of administration and Interior," "Ministry of Interior and Administrative reform" under the EMERGENCY ORDINANCE nr. 30 of April 25, 2007, published in MONITORUL OFICIAL nr. 309 of 9 May 2007 and has the name "National" Ministry of defence "Ministry of Defense", in accordance with the law. 346 of 21 July 2006, published in MONITORUL OFICIAL nr. 654 of 28 July 2006.
NOTE C.T.C.E. S.A. Piatra Neamt: by EMERGENCY ORDINANCE nr. 221 of 23 December 2008, published in MONITORUL OFICIAL nr. 882 of 24 December 2008 has ordered reorganizing some ministries, thus: "Art. 1 set up the Ministry of administration and interior by reorganizing the Ministry of Interior and Administrative reform.
Art. establish national Defense Ministry 3SE by reorganizing the Ministry of defence. "


Article 68 (1) Debts arising from pension rights and social security, which cannot be recovered by law enforcement agencies, military pensions, will be forwarded to the financial organs with powers to do so.
  

(2) the amounts arising from the recovery of the debts will be paid from the State budget.
  


Chapter III liability Article 69 violation this law shall entail liability, civil, administrative or criminal, as appropriate.


Section 1 of Article 70 offences against the official Completion of forms-type relating to the determination and payment of pensions to current data, having the effect today regarding the military retirement distortions, length of work or undue payments from the State budget, constitute infringement of imposture and punished according to the criminal code.


Section 2 of the Offences in article 71


The following acts constitute irregularity unless they are perpetrated in such conditions that, according to the criminal law, constitute offenses: failure of employment methodology) in special conditions and special work;
  

(b) non-compliance with the obligation of the beneficiary) of pension entitlement to pension body communicates changes concerning the grant and payment of the pension shall, within 15 days after the occurrence thereof.
  


Article 72 Offences referred to in articles. 71 shall be imposed as follows: (a) point (b)). b) fine from 3,000,000 to 6,000,000 lei lei;
  

b) the white and rosé wines. with the fine) 6,000,000 9,000,000 lei lei.
  


Article 73 the level of fines under article 13. 72 will be upgraded by the Government.


Article 74 the finding of violations and imposition of fines shall be made by the military pension and the control of institutions in the field of national defence, public order and national security.


Article 75 administrative Fines applied pursuant to this Act shall be made to the State budget income.


Article 76 the provisions of this Act relating to the determination and sanction contraventions shall be supplemented by the provisions of law No. 32/68 on the establishment and sanctioning offences *), as amended and supplemented.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 32/1968 was repealed by Government Ordinance. 2/2001, published in the Official Gazette of Romania, part I, no. 410 of 25 July 2001, approved with amendments and completions by law No. 180/2002.
In accordance with article 5. 48 from Government Ordinance. 2/2001, whenever in a special law or another normative act formerly referred to in law No. 32/68 on the establishment and sanctioning violations, it will be made to the relevant provisions of this Ordinance.


Chapter IV transitional provisions Article 77 (1) Constitute the service or work for the establishment of the State's military pension and recognised in accordance with the law, pending the entry into force of this law.
  

(2) proof of service for the determination of seniority in the military state pension for periods prior to the entry into force of this law, shall be carried out with the acts mentioned earlier legislation.
  

(3) Constitute the service for establishing military pension and state the period within which, prior to the date of entry into force of this law, have attended the day of higher education, organized according to the law, the duration of the studies in question, provided that their graduation, according to the law.
  

(4) in the case of graduation of several higher education institutions shall consider the work a single study period of your choice.
  


Article 78 (1) for the military who have contributed to the supplementary pension fund shall be paid to the establishment or updating of the pension under the terms of art. 22-24 and of art. 48 para. (1) a percentage of the increase: 3%) for a length of contribution between 5-15 years;
  

b) 6% for a contribution between 15-25 years;
  

c) 9% contribution for age over 25 years.
  

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Alin. (1) of article 1. 78 was amended by section 6 of article in law No. 14 of 14 February 2008, published in MONITORUL OFICIAL nr. 127 of 19 February 2008.

(2) after the entry into force of this law, for the additional pension contribution will become individual contribution to the State budget, in respect of benefits provided for in art. 4. (3) the share of individual contribution is 5%. Monthly basis for the calculation of which will determine the individual's contribution is the result gross monthly.
  


Article 79 (1) military Pensions laid down under the legislation prior to the date of entry into force of this law shall be recalculated as follows: the amount of the pension in payment) will be updated, taking as a basis the gross monthly result in force at the date of application of this law, the corresponding maximum function and military credentials at the time of the passage of the book, based on a methodology approved by the Decree of the Government on the proposal of the institutions referred to in article 1. 5 para. (1) tick mark under which the granting methodology will be made in relation to length of service or the date in the passage in the book;
  

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Lit. of paragraphs 1 to 5). (1) of article 1. 79 amended by paragraph 2 of article 9. 1 of law No. 479 of 12 November 2003, published in Official Gazette No. 836 of 25 November 2003.

b) where the amount of the pension obtained under (b). a) is less than the amount of the pension in payment of the amount of the pension is maintained in payment.
  

c) on request, by adding to the length of the service period. 77 para. (3) and (4).
  

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Lit. c) of paragraph 2. (1) of article 1. 79 was introduced by article in EMERGENCY ORDINANCE No. 93 of 10 November 2004, published in Official Gazette No. of 18 November 2004 1,071.

(2) Amounts arising as the difference between pensions in pay and pensions recalculated by applying the provisions of paragraphs 1 and 2. (1) (a). Executive orders are granted to) from 2002 onwards, until the end of the process of recalculating pensions from the public pension system, as follows: a) for 2002, 10% of the amount of the difference, with effect from 1 January 2002, and 10% with effect from 1 July 2002;
  

(b)) for the year 2003, 20% of the amount of the difference, with effect from 1 January 2003, 20% with effect from 1 July 2003 and 20% since early November 2003;
  

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Lit. b) of paragraph 2. (2) of article 9. 79 amended by art. 1 of law No. 555 of 18 December 2003, published in Official Gazette No. 915 of 20 December 2003.

c) for 2004, 20% of the amount of the difference, with effect from 1 July 2004.
  

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Lit. c) of paragraph 2. (2) of article 9. 79 amended by art. 1 of law No. 555 of 18 December 2003, published in Official Gazette No. 915 of 20 December 2003.


Article 80 the closing date of the recalculation process pensions, carried out under the provisions of art. 79, pensions and supplementary pensions granted under the previous legislation, the military retirement pay, become the State for the purposes of this Act.


Chapter V final provisions Article 81 applications for retirement pensions constituted body at the level of the institutions referred to in article 1. 5 para. (1) within the prescribed period shall be settled by law and shall be exempt from any tax.


Article 82 soldiers who were degraded militarily or have lost the rank of officer or petty officer, Petty Officer shall be entitled to a pension for old age at the age of 55 years of age, if they reserve at the time of the passage of at least 25 years old, from which the actual service as military 15 years. The basis for determining the monthly pension is gross result received in activity last month, up-to-date opening date of entitlement to a pension.
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Art. 82 was amended by paragraph 10 of article 10. From the EMERGENCY ORDINANCE nr. 77 of 28 June 2007, published in MONITORUL OFICIAL nr. 444 of 29 June 2007.


Article 83 Requests recorded and unresolved up to the date of entry into force of this law shall be resolved in accordance with the legal rules existing at the time of the opening of the social insurance rights and pensions.


Article 84 military pension rights transferred to countries in which military retirees establish his domicile or residence, in conditions stipulated by international agreements and conventions to which Romania is a party.


Article 85 in applying this law to the institutions referred to in article 1. 5 para. (1) issue the guidelines within 45 days of the publication of this law in the Official Gazette of Romania, part I.


Article 86 From fixing pensions shall be rounded from the 1,000 1,000 lei in favor of the beneficiary.


Article 87 the present law shall enter into force on 1 April 2001).
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Mention that according to the decision of the Constitutional Court No. 7 of 15 January 2002, published in the Official Gazette of Romania, part I, no. 220 of 2 April 2002, art. 87 was declared unconstitutional.


Article 88 on the date of entry into force of the present law shall repeal: Decree No. 214/1977 on military pensions by the State, published in the Official Gazette, part I, no. 83 of 6 august 1977, as amended and supplemented; Decree No. 247/1977 relating to the employment of military cadres in groups I, II or III, with subsequent modifications and completions; Decree No. 248/1977 on criteria and rules of employment, degrees of invalidity of soldiers from permanent frames, published in the Official Gazette, part I, no. 85 of 7 august 1977; Decree No. 249/1977 approving the regulations governing the Organization and functioning of the commissions and committees of the medico-military expertise, published in the Official Gazette, part I, no. 85 of 7 august 1977; any other provisions contrary to this law.
— — — — — — — — — — — — — — — *) Note C.T.C.E. S.A. Piatra Neamt: by EMERGENCY ORDINANCE nr. 63 of 28 June 2003, published in Official Gazette No. 462 of 28 June 2003 provided for the Organization and functioning of the MOAI.
EMERGENCY ORDINANCE No. 63 of 28 June 2003, published in Official Gazette No. 462 of 28 June 2003 was repealed by EMERGENCY ORDINANCE nr. 30 of April 25, 2007, published in MONITORUL OFICIAL nr. 309 of 9 May 2007, providing for the Organization and functioning of the Ministry of Interior and Administrative reform.
By decision No. 743 of 3 July 2003, published in Official Gazette No. 490 of 8 July 2003 ordered the organisation and functioning of the Ministry of health.

JUDGMENT No. 743 of 3 July 2003, published in Official Gazette No. 490 of 8 July 2003 was repealed by the decision No. 168 of 9 March 2005, published in Official Gazette No. 249 of 25 March 2005. JUDGMENT No. 168 of 9 March 2005, published in Official Gazette No. 249 of 25 March 2005 has been repealed by the decision No. 862 of 28 June 2006, published in MONITORUL OFICIAL nr. 590 of 7 July 2006, which provided for the Organization and functioning of the Ministry of public health.
In decision No. 737 of 3 July 2003, published in Official Gazette No. 483 of 7 July 2003 to set up the Ministry of labour, social solidarity and family.
JUDGMENT No. 737 of 3 July 2003, published in Official Gazette No. 483 of 7 July 2003 was repealed by the decision No. 412 of 5 May 2005, published in Official Gazette No. 427 of 20 May 2005. JUDGMENT No. 412 of 5 May 2005, published in Official Gazette No. 427 of 20 May 2005 has been repealed by the decision No. 381 of 25 April 2007, published in MONITORUL OFICIAL nr. 287 of 2 May 2007, which provided for the Organization and functioning of the Ministry of labour, family and equal opportunities.
Law No. 346 of 21 July 2006, published in MONITORUL OFICIAL nr. 654 of 28 July 2006 was provided for the Organization and functioning of the Defence Ministry.
Through the EMERGENCY ORDINANCE nr. 221 of 23 December 2008, published in MONITORUL OFICIAL nr. 882 of 24 December 2008 has ordered reorganizing some ministries, thus: "Art. 1 set up the Ministry of administration and interior by reorganizing the Ministry of Interior and Administrative reform.
Art. establish national Defense Ministry 3SE by reorganizing the Ministry of defence.

Art. Ministry of Justice and establishes 12Se Freedoms by reorganizing the Ministry of Justice.

Art. establish Ministry 14Se family and social protection through the reorganization of the Ministry of labour, family and equal opportunities.

Art. the Ministry of health set up through 15Se reorganisation of the Ministry of public health. "─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─