LEGE no. 164 164 of 7 April 2001 (** republished) (* updated *) on state military pensions ((updated until 16 January 2009 *)
ISSUER
PARLIAMENT
--------- *) The republished text of the law was published in the OFFICIAL GAZETTE no. 748 748 of 14 October 2002. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt until January 16, 2009, with the amendments and additions made by: JUDGMENT no. 1.301 1.301 of 20 November 2002 ; JUDGMENT no. 218 218 of 27 February 2003 ; JUDGMENT no. 614 614 of 29 May 2003 ; JUDGMENT no. 1.006 1.006 of 22 August 2003 ; LAW no. 479 479 of 12 November 2003 ; JUDGMENT no. 1.383 1.383 of 27 November 2003 ; LAW no. 555 555 of 18 December 2003 ; JUDGMENT no. 263 263 of 26 February 2004 ; JUDGMENT no. 808 808 of 27 May 2004 ; EMERGENCY ORDINANCE no. 93 93 of 10 November 2004 ; LAW no. 90 90 of 3 April 2007 **** ****); EMERGENCY ORDINANCE no. 77 77 of 28 June 2007 ; LAW no. 14 14 of 14 February 2008 ; EMERGENCY ORDINANCE no. 230 230 of 30 December 2008 ; DECISION no. 82 82 of 15 January 2009 . By CONSTITUTIONAL COURT DECISION no. 82 82 of 15 January 2009 , published in MONITORUL OFFICIAL no. 33 of 16 January 2009 was admitted the exception of unconstitutionality raised directly by the Ombudsman and found that EMERGENCY ORDINANCE no. 230 230 of 30 December 2008 , published in MONITORUL OFFICIAL no. 4 of January 5, 2009 for the modification of some normative acts in the field of pensions in the public system, state and service pensions is contrary to art. 115 115 para. (6) of the Constitution. + Chapter I General provisions + Article 1 (1) The right to pensions and social security for military personnel is guaranteed by the state and is exercised under the conditions of this law. ... (2) The general principles laid down in art. 2 2 of Law no. 19/2000 on the public pension system and other social security rights shall also apply to state military pensions, unless otherwise provided by this law. ... + Article 2 The system of state military and social security pensions in the field of national defense, public order and national security covers the risks of military activity, as well as income losses due to disability, old age and death. + Article 3 The provisions of this law benefit military personnel in activity, in reserve or in retreat, hereinafter referred to as military personnel, as well as their descendants. + Article 4 In the system of state military and social security pensions in the field of national defence, public order and national security the following benefits are granted: a) state military pensions; ... b) other social security rights established by laws or by Government decisions, based on the legal provisions applicable in the public pension system and other social security rights. ... + Article 5 (1) The Ministry of National Defence, the Ministry of Administration and Interior and the Romanian Intelligence Service shall ensure the application of regulations regarding military state pensions and other social security rights of the military, exercise control their application and initiate proposals for normative acts in the field. ... -------------- Alin. ((1) of art. 5 was amended by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Interior and Administrative Reform" according to EMERGENCY ORDINANCE no. 30 30 of 25 April 2007 , published in MONITORUL OFFICIAL no. 309 of 9 May 2007 and the name "Ministry of National Defence" with the name "Ministry of Defence", according to Legit no. 346 346 of 21 July 2006 , published in MONITORUL OFFICIAL no. 654 654 of 28 July 2006. NOTA C.T.C.E. S.A. Piatra-Neamt: By EMERGENCY ORDINANCE no. 221 221 of 23 December 2008 , published in MONITORUL OFFICIAL no. 882 of December 24, 2008 the reorganization of some ministries was ordered, as follows: "" Art. 1 The Ministry of Administration and Interior is established by reorganizing the Ministry of Interior and Administrative Reform. Article 3 The Ministry of National Defence is established by reorganizing the Ministry of Defense. (2) The funds necessary for the payment of state military pensions and other social security rights shall be ensured from the state budget through the budgets of the institutions provided in par. ((1). ... (3) The administration and control of the management of funds shall be carried out through specialized bodies, established at the level of the institutions provided ((1). ... + Article 6 Military personnel can benefit from a single state military pension. + Article 7 (1) The pension rights are unforeseeable and cannot be totally or partially disposed of. ... (2) Payment of the benefits provided in art. 4 subject to the general limitation period, according to the law. ... (3) Obligations and social security benefits shall be paid in national currency. ... + Article 8 Military personnel can also ensure at private social insurance institutions under the conditions provided by law. + Article 9 (1) The working conditions in which the activity of military personnel is carried out may be: ... a) normal; ... b) special; ... c) special. ... (2) Regulations on jobs and activities with special and special conditions established for the public pension system and other social security rights shall also apply to military personnel operating under conditions similar. ... (3) Jobs and activities with special and special conditions, specific for military personnel * *), shall be established by Government decision, based on the proposals of the institutions in the field of national defence, public order and safety national. ... (4) Government Decision provided in par. (3) will be adopted within 3 months from the date of publication of the present law in the Official Gazette of Romania, Part I. ... (5) Provisions of para. ((1)-(3) are applicable, as the case may be, to military personnel listed in reserve/withdrawal until the date of entry into force of this law. ... + Chapter II State military pensions + Article 10 The state military pension system includes: a) the service pension; ... b) invalidity pension; ... c) survivor's pension. ... + Section 1 Service pension + Article 11 The service pension can be: a) for the age limit; ... b) anticipated; ... c) partial advance. ... + Article 12 Have the right to service pension for the age limit military personnel in activity that cumulatively meet the following conditions: a) age 55; ... b) minimum seniority in service of 25 years, of which effectively as military 15 years. ... ------------- Article 12 has been amended by section 4.2. 1 1 of art. I of EMERGENCY ORDINANCE no. 77 77 of 28 June 2007 , published in MONITORUL OFFICIAL no. 444 444 of 29 June 2007. + Article 13 The military personnel in activity who meet the conditions of seniority referred to in art. 12 lit. b) and is in one of the following situations: a) have reached the age of 50 and are placed in reserve as a result of the fulfillment of the age limit in the degree provided by Law no. 80/1995 on the status of military personnel or as a result of the reorganization of some units and the reduction of functions in the organization states, as well as for other reasons or needs of national defence, public order and safety institutions national; ... b) are placed in reserve or directly in retreat as a result of the ranking as unfit or limited fit for military service by the commissions of medical-military expertise. ... + Article 14 (1) They have the right to partial early service pension military personnel in activity, regardless of age, who have an actual service age of at least 20 years, of which at least 10 years as a military, and who are in one of the following Situations: ... a) are placed in reserve as a result of the fulfillment of the age limit in the degree provided by Law no. 80/1995 or as a result of the reorganization of some units and the reduction of some functions in the organization states, as well as for other reasons or needs of national defence, public order and national security institutions; ... b) are placed in reserve or directly in retreat as a result of the ranking as unfit or limited fit for military service by the commissions of medical-military expertise. ... (2) The amount of partial early pension for military personnel in activity provided in par. ((1) shall be calculated in proportion to years of service. ... + Article 15 Military personnel who on the date of passing in reserve do not meet the conditions for granting a pension, but have an effective age as a military of at least 15 years, benefit from state military pension at the age of 55, proportional to number of years of military service. -------------- Article 15 has been amended by section 6.6. 2 2 of the single article of LAW no. 14 14 of 14 February 2008 , published in MONITORUL OFFICIAL no. 127 127 of 19 February 2008. + Article 16 (1) Military cadres in activity that are in one of the situations provided in art. 9 9 para. ((1) lit. b) or c) benefit from early or partial early service pension, as follows: ... a) at the age of 50, if they have carried out their activity in special working conditions for at least 20 years actually, of which at least 10 years actually as a military; ... b) at the age of 45, if they have carried out their activity under special working conditions for at least 15 years actually, of which at least 10 years actually as a military. ... ------------- Alin. ((1) of art. 16 16 has been amended by section 3 3 of art. I of EMERGENCY ORDINANCE no. 77 77 of 28 June 2007 , published in MONITORUL OFFICIAL no. 444 444 of 29 June 2007. (2) Military cadres in activity that have an actual service age of 20 years as aircrew on fighter aircraft, hunting-bombing and research, supersonic, as well as divers benefit from service pension. anticipated or anticipated partial on request, regardless of age, if they are at least 10 years old as military. ... + Article 17 The length of service to be taken into account when determining the pension is the period during which a person has been in one of the following situations: a) had the status of military framework in activity; ... b) carried out military service as military in term, military with reduced term, student or student of a military educational institution for the training of military personnel; ... c) was concentrated or mobilized as a reservist; ... d) was in captivity. ... e) had the status of civil servant with special status, in the institutions of the defense system, public order and national security. ... ------------- Lit. e) of art. 17 17 was introduced by section 4.2. 4 4 of art. I of EMERGENCY ORDINANCE no. 77 77 of 28 June 2007 , published in MONITORUL OFFICIAL no. 444 444 of 29 June 2007. + Article 18 (1) The proof of seniority in the military service and the other necessary elements in order to establish the pension shall be made with the pension sheet drawn up on the basis of the data from the matrix sheet or from other legal documents. ... ((2) Proof of seniority in service, provided in a quality other than military service, shall be made with the work card or other acts on the basis of which the right retirement is made Law no. 19/2000 . ... + Article 19 If the sum of periods of seniority in service results in fractions of at least 6 months, they shall be completed one year and the smallest shall be neglected. + Article 20 (1) Between the state military pension system and the public pension system are recognized each other the periods of seniority in service, namely the contribution internships, in order to open the right to pension and other social security rights. ... (2) In the situation referred to in par. (1) the state military pension shall be established only for periods of seniority in service. ... (3) The periods of seniority in service provided in art. 17, which are recognized as contribution periods in the public pension system, are considered to establish the pension in one of the two systems. ... + Article 20 ^ 1 For military personnel who do not meet the retirement conditions provided for in art. 15, at the granting of the military state pension, the principle that the opening of the right to a pension is first carried out by the last system in which the one in question was ensured. -------------- Article 20 ^ 1 has been amended by section 1. 3 3 of the single article of LAW no. 14 14 of 14 February 2008 , published in MONITORUL OFFICIAL no. 127 127 of 19 February 2008. + Article 21 (1) The calculation base used for the establishment of the military state pension is the gross monthly balance had in the last month of activity, which includes the corresponding grade solda on the date of the transition into reserve. ... (2) If there have been changes of the function soldiers in the last 6 months of activity, the calculation basis is the average of the gross monthly soldiers of this period, less grade solda. The average obtained is added the grade solda provided in par. ((1). ... ((3) If the amendments provided in par. (2) were determined as a result of the amendments to the incident normative acts, the provisions of par. ((1). ... ------------- Alin. ((3) of art. 21 21 has been introduced by section 6 6 of art. I of EMERGENCY ORDINANCE no. 77 77 of 28 June 2007 , published in MONITORUL OFFICIAL no. 444 444 of 29 June 2007. (4) For retired military personnel under the conditions of art. 15 15 and art. 31 31 para. (2), the calculation base used to establish the state military pension is the one provided in par. ((1), updated on the date of opening of the pension right ... ------------- Alin. ((4) of art. 21 21 has been introduced by section 6 6 of art. I of EMERGENCY ORDINANCE no. 77 77 of 28 June 2007 , published in MONITORUL OFFICIAL no. 444 444 of 29 June 2007. + Article 22 The service pension for the age limit and the early pension shall be determined in percentages of the calculation base, as follows: a) for the activity carried out under normal conditions, 60%; ... b) for the activity carried out under special conditions, 62%; ... c) for the activity carried out under special conditions, 64%. ... + Article 23 (1) The corresponding percentages for the activity carried out under special or special conditions shall be granted to military personnel who have actually worked for at least 20 years under special conditions or 15 years under special conditions. If they have worked less, at the percentages corresponding to the activity carried out under normal conditions, an increase is granted in proportion to the time actually worked under special or special conditions. ... (2) For the persons referred to in par. (1), when determining the pension is taken into account, for each year worked under such conditions: ... a) 1 year and 3 months for those who have carried out their activity under special conditions; ... b) 1 year and 6 months for those who have carried out their activity under special conditions; ... c) 2 years in a situation of war or under other conditions provided by Government decision. ... + Article 24 (1) Military staff who have a service age of more than 25 years shall benefit, for each additional year, from a pension increase of 2% of the calculation base used when establishing/updating the pension. ... (2) Provisions of para. (1) shall apply from the date of entry into force of this emergency ordinance, for military pensions in payment on this date, at the first update, according to art. 48 48 para. ((1) lit. a). ... -------------- Article 24 has been amended by section 4.2. 4 4 of the single article of LAW no. 14 14 of 14 February 2008 , published in MONITORUL OFFICIAL no. 127 127 of 19 February 2008. + Article 25 The state military pension established and updated under the conditions of this law may not be higher than the calculation base envisaged when establishing/updating the pension. ------------- Article 25 has been amended by section 6.6. 8 8 of art. I of EMERGENCY ORDINANCE no. 77 77 of 28 June 2007 , published in MONITORUL OFFICIAL no. 444 444 of 29 June 2007. + Article 26 (1) Persons who receive a military service pension may be employed, for indefinite or fixedterm employment, as the case may be, including in the public sector, benefiting from the salary rights corresponding to the position in which they are framed, including the old age corresponding to the length of work, acquired until the date of retirement. ... (2) Persons referred to in par. (1), except for those in the situations provided in art. 59 59 para. ((1) lit. g), can cumulate the pension with the income made from a professional activity, regardless of the level of the respective income *). ... ------------- Alin. ((2) of art. 26 26 has been amended by section 1 1 of art. II of EMERGENCY ORDINANCE no. 230 230 of 30 December 2008 , published in MONITORUL OFFICIAL no. 4 4 of 5 January 2009. -------------- *) NOTE C.T.C.E. S.A. Piatra-Neamt: By CONSTITUTIONAL COURT DECISION no. 82 82 of 15 January 2009 , published in MONITORUL OFFICIAL no. 33 of 16 January 2009 was admitted the exception of unconstitutionality raised directly by the Ombudsman and found that EMERGENCY ORDINANCE no. 230 230 of 30 December 2008 , published in MONITORUL OFFICIAL no. 4 of January 5, 2009 for the modification of some normative acts in the field of pensions in the public system, state and service pensions is contrary to art. 115 115 para. (6) of the Constitution. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. In conclusion, as of 16 January 2009, Emergency Ordinance no. 230 230 of 30 December 2008 is suspended by law, and the amendments and additions made by this act on Law no. 164/2001 republished, in the present case ((2) of art. 26, is suspended, and will cease its legal effects, as of March 3, 2009, if the legislator does not intervene to agree Emergency Ordinance no. 230 230 of 30 December 2008 with the Constitution. + Section 2 Invalidity pension + Article 27 They have the right to invalidity pension military personnel who have lost all or at least half of their work capacity due to: a) the occurrence of accidents during and due to the service, accidents assimilated to them according to the law, diseases contracted during and due to the performance of the military service and tuberculosis; ... b) accidents or diseases not related to the performance of the military service. ... + Article 28 The disability pension is determined in relation to the degree of loss of work capacity, as follows: a) degree I disability, characterized by total loss of work capacity, as well as impairment of self-service capacity, requiring permanent care or supervision from another person; ... b) second degree invalidity, characterized by total loss of work capacity, with the possibility of invalid to self-serve without the help of another person; ... c) Invalidity 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 after his transition to the reserve. ... + Article 29 The criteria and norms on the basis of which the classification is made in grades I, II and III of invalidity shall be approved by joint order of the heads of the institutions provided in art. 5 5 para. (1), with the opinion of the Ministry of Labour, Family and Social Protection and the Ministry of Health. --------------- Article 29 was amended by replacing the name "Ministry of Labour, Social Solidarity and Family" with the name "Ministry of Labour, Family and Equal Opportunities" according to JUDGMENT no. 381 381 of 25 April 2007 , published in MONITORUL OFFICIAL no. 287 of 2 May 2007 and of the name "Ministry of Health" with the name of the Ministry of Public Health " JUDGMENT no. 862 862 of 28 June 2006 , published in MONITORUL OFFICIAL no. 590 590 of 7 July 2006. NOTA C.T.C.E. S.A. Piatra-Neamt: By EMERGENCY ORDINANCE no. 221 221 of 23 December 2008 , published in MONITORUL OFFICIAL no. 882 of December 24, 2008 the reorganization of some ministries was ordered, as follows: "" Art. 14 The Ministry of Labour, Family and Social Protection is established by reorganizing the Ministry of Labour, Family and Equal Opportunities. + Article 15 The Ministry of Health is established by reorganizing the Ministry of Public Health. + Article 30 (1) Incadres in the degree of invalidity shall be made by commissions of medical-military expertise. The establishment, organization, operation and duties of the medical-military expertise commissions shall be established by common regulation, approved by the Minister of National Defence, the Minister of Administration and Interior and the Director of the Romanian Service Information. ... (2) The commissions of medical-military expertise besides military hospitals issue medical decisions of framing in a degree of invalidity, which will be endorsed by the Central Commission of Medical-Military Expertise of the Ministry of National Defence, Ministry Administration and Interior or the Romanian Intelligence Service, as the case may be. ... (3) Against medical decisions issued under the conditions of par. (2) an appeal may be made, within 30 days of communication, to the Central Commission of Medical-Military Expertise. ... (4) The deadline for resolving appeals is 30 days from the date of registration. ... (5) Decisions of the central commissions of medical-military expertise, given in the resolution of appeals provided in par. ((3), may be challenged at the competent courts within 30 days of the communication. ... (6) Medical decisions of framing or non-compliance in degrees of invalidity, unchallenged within the period, remain final. ... -------------- Article 30 was amended by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Interior and Administrative Reform" according to EMERGENCY ORDINANCE no. 30 30 of 25 April 2007 , published in MONITORUL OFFICIAL no. 309 of 9 May 2007 and the name "Ministry of National Defence" with the name "Ministry of Defence", according to Legit no. 346 346 of 21 July 2006 , published in MONITORUL OFFICIAL no. 654 654 of 28 July 2006. NOTA C.T.C.E. S.A. Piatra-Neamt: By EMERGENCY ORDINANCE no. 221 221 of 23 December 2008 , published in MONITORUL OFFICIAL no. 882 of December 24, 2008 the reorganization of some ministries was ordered, as follows: "" Art. 1 The Ministry of Administration and Interior is established by reorganizing the Ministry of Interior and Administrative Reform. Article 3 The Ministry of National Defence is established by reorganizing the Ministry of Defense. + Article 31 (1) Military personnel in activity who have lost their employment due to accidents or diseases not related to the performance of the military service benefit from the disability pension only if they meet at least half of the the conditions of service age, in relation to age, as follows: ... ------------------------------------------------------------------------------ Age of Military Framework Vechimea in service realized at the time of the iviation of the invalidity of invalidity (years) ------------------------------------------------------------------------------ less than 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 over 55 years 25 ------------------------------------------------------------------------------ (2) They have the right to a military invalidity pension and those who at the time of irviation of invalidity no longer had the status of military framework in activity, but meet the condition of seniority in service provided in par. ((1). ... + Article 32 If the invalidity arose as a result of an accident during and because of the service or an accident assimilated to it, of diseases contracted during and due to the performance of the military service or tuberculosis, the pension disability is granted regardless of seniority in service. + Article 33 (1) The amount of the invalidity pension shall be determined in proportion to the number of years of service, according to the provisions of 22-24. ... (2) The following percentages shall be added to the sum of the percentages due for the service age, for each potential year, until the completion of the complete seniority: ... a) 1% for first degree disability; ... b) 0,8% for Grade II disability; ... c) 0.6% for grade III disability. ... (3) The amount of the invalidity pension established under the conditions of par. (1), for the cases provided in art. 31, will be diminished as follows: ... a) with 10% for the first degree of invalidity; ... b) 15% for the second degree of invalidity; ... c) by 20% for the third degree of invalidity. ... + Article 34 Pensioners in the first degree of invalidity are entitled to an accompanying allowance, outside the pension, in the amount set for this category in the public pension system and other social security rights. + Article 35 (1) Disability pensioners are subject to medical review at intervals of 6-12 months, at the deadlines set by the medical-military expertise committees. ... (2) After each review the commissions of medical expertise issue a new medical 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) Failure to submit to the medical review shall entail suspension of payment of the pension from the month following that in which the medical review was provided ... (5) Periodic medical review can also be done at the request of pensioners, if the state of their health has improved or, as the case may be, worsened within the review deadline, but only until reaching the age of 55. ... (6) They are not subject to periodic medical review of invalidity pensioners who: ... a) have irreversible invalidity; ... b) have reached the age provided in par. ((5); ... c) benefit from the pension under the conditions of 13 lit. b) and art. 14 lit. b). ... + Article 36 At the end of the ages provided by the present law for obtaining the military service pension for the age limit of invalidity pensioners can opt for the pension that benefits them. The beneficiaries of the first degree disability pension maintain their right to the accompanying allowance, regardless of the pension they opt for. + Section 3 Survivor's pension + Article 37 Children and the surviving spouse are entitled to survivor's pension, if the deceased person was retired or met the conditions for obtaining a state military pension. + Article 38 Children are entitled to survivor's pension: a) until reaching 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) if they are students or military students of military or civilian educational institutions, until the first degree of officers, military or petty officer, without exceeding the age of 26; ... d) for the duration of invalidity of any degree, if it arose during the period in which it is in one of the situations referred to in lett. a), b) or c). ... + Article 39 (1) The surviving spouse is entitled to lifelong survivor's pension, at the age of 55, if he has had at least 15 years of marriage with the deceased person and does not make monthly income from a professional activity. for which insurance is compulsory or they are less than half of the average gross salary on the economy. ... -------------- Alin. ((1) art. 39 39 has been amended by section 5 5 of the single article of LAW no. 14 14 of 14 February 2008 , published in MONITORUL OFFICIAL no. 127 127 of 19 February 2008. (2) If the duration of the marriage is less than 15 years, but 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% for each year of marriage less. ... + Article 40 (1) The surviving spouse is entitled to a survivor's pension, regardless of age, during the time he is invalid in the first or second degree, if he has had at least one year of marriage with the deceased person. ... (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 during the activity, as a result of an accident during and because of the service, of an accident assimilated according to the law, a disease contracted during and due to the performance of the military service, assimilated to a occupational disease, or tuberculosis and if it does not realize monthly income from a professional activity for which insurance is compulsory or they are less than a quarter of the average gross salary per economy. ... + Article 41 The surviving spouse who does not meet the conditions laid down in 39 39 or art. 40 40 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 a quarter of average gross salary on the economy. + Article 42 The surviving spouse who has in care, at the time of death of the supporter, one or more children aged up to 7 years of age benefits from survivor's pension until the age of 7 of the last child, during periods when he does not realize monthly income from a professional activity for which insurance is compulsory or they are less than a quarter of the average gross salary on the economy. + Article 43 (1) The survivor's pension shall be calculated, as the case may be, of: ... a) the service pension for the age limit in payment or to which he would have been entitled, under the law, the deceased supporter; ... b) the first degree 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 early pension, partial early pension, pension of disability of any degree or would have been entitled, under the law, to one of these pension categories. ... (2) The amount of the survivor's pension shall be set as a percentage of the pension of the supporter provided in par. (1), 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 followers 100%. ... + Article 44 The amount of the survivor's pension, in the case of orphans of both parents, represents the summation of the survivor's rights calculated after each parent. + Article 45 In case of modification of the number of offspring the pension is recalculated in accordance with the provisions of 43 43 para. ((2). + Article 46 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 47 Beneficiaries of the survivor's pension referred to in art. 38 lit. d) and art. 40 40 para. (1) are surveyed, subject to medical review under the conditions of art. 35 35 and have the obligation to follow the recovery programs according to the same regulations provided for the invalidity pension in the public pension system. + Section 4 Updating pensions + Article 48 (. The amount of military pensions shall be updated as follows: ... a) whenever the grade and/or solda of the maximum function/basic salary of the function fulfilled/the monthly allowance of the military personnel in activity, according to the military degree and the maximum function had at the date of the transition to the reserve, in relation to the percentage of establishment of the pension under the conditions laid down in art. 22 22-25, 33 and art. 78 78 para. ((1). Military personnel may opt for the most advantageous calculation base taken into account when calculating the pension; ... -------------- Lit. a) a par. ((1) art. 48 48 has been amended by section 4.2 6 6 of the single article of LAW no. 14 14 of 14 February 2008 , published in MONITORUL OFFICIAL no. 127 127 of 19 February 2008. b) according to the financial possibilities, during the budget execution, by indexing with a percentage covering up to 100% the inflation rate, by Government decision *); ... c) in situations where the social protection measures referred to in lett. b) are found in the increase of the grade and/or function soldiers of the military personnel in activity, the updating of pensions is carried out under the conditions provided in lett. a). ... (2) Until the end of the process of recalculation of state military pensions, provided in art. 79, the provisions of par. ((1) lit. b). ... -------------- *) NOTE C.T.C.E. S.A. Piatra-Neamt: According to para. ((1) art. 6 6 of JUDGMENT no. 1.301 1.301 of 20 November 2002 , published in MONITORUL OFFICIAL no. 864 of November 29, 2002, military pensions, due or in payment in December 2002, established under the legislation prior to April 1, 2001, are indexed by 6%. According art. 6 6 of JUDGMENT no. 218 218 of 27 February 2003 , published in MONITORUL OFFICIAL no. 144 of March 5, 2003, military pensions, due or in payment in February 2003, established under the legislation prior to April 1, 2001, are indexed by a percentage of 3.5%. According art. 6 6 of JUDGMENT no. 614 614 of 29 May 2003 , published in MONITORUL OFFICIAL no. 392 of June 6, 2003, military pensions, due or in payment in May 2003, established on the basis of the legislation prior to April 1, 2001, shall be indexed as of June 2003 by 2.7%. Article 6 of JUDGMENT no. 1.006 1.006 of 22 August 2003 , published in MONITORUL OFFICIAL no. 618 618 of 30 August 2003 provides: "" Art. 6 (1) Military pensions, due or in payment in August 2003, established on the basis of the legislation prior to April 1, 2001, shall be indexed as of September 2003 by 2,65%. ... (2) Military pensions, due or in payment in August 2003, established on the basis of Law no. 164/2001 on military state pensions, republished, for retired or retired military personnel until December 31, 2002, shall be indexed from September 2003 by 1%. " ... Article 6 of JUDGMENT no. 1.383 1.383 of 27 November 2003 , published in MONITORUL OFFICIAL no. 856 of 2 December 2003 provides that military pensions, due or in payment in November 2003, established on the basis of the legislation prior to 1 April 2001, shall be indexed as from December 2003 by 3.1%. Military pensions, due or in payment in November 2003, established on the basis of Law no. 164/2001 on military state pensions, republished, as amended, for military personnel listed in reserve or withdrawal until 31 December 2002, shall be indexed from December 2003 by 2%. Article 7 of JUDGMENT no. 263 263 of 26 February 2004 , published in MONITORUL OFFICIAL no. 205 205 of 9 March 2004 provides: "" Art. 7 (1) Military pensions, due or in payment in February 2004, established on the basis of the legislation prior to April 1, 2001, shall be indexed from March 2004 by 2%. ... (2) Military pensions, due or in payment in February 2004, established on the basis of Law no. 164/2001 on military state pensions, republished, as amended, for military personnel listed in reserve or in withdrawal until 31 December 2002, shall be indexed from March 2004 by 1%. " ... According art. 7 7 of JUDGMENT no. 808 808 of 27 May 2004 , published in MONITORUL OFFICIAL no. 480 of May 28, 2004, military pensions, due or in payment in May 2004, established on the basis of the legislation prior to April 1, 2001, are indexed since June 2004 by 2%. Military pensions, due or in payment in May 2004, established on the basis of Law no. 164/2001 on military state pensions, republished, as amended, for military personnel listed in reserve or in withdrawal until February 29, 2004, shall be indexed from June 2004 by 1,5%. + Section 5-a Establishment and payment of pensions + Article 49 (1) The state military pensions 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, addressed, as the case may be, as follows: ... A. At Ministry Of National Defence: ------------------------------------ a) the military unit of which the military was part, if it meets the conditions of retirement when passing in reserve or directly in withdrawal; ... b) to the county military center, in the case of those who meet the retirement conditions after the date of exit from the military personnel in activity. ... B. At the Ministry of Administration and Interior and at the Romanian Intelligence Service: ---------------------------------------------------------------- a) the military unit of which he was a party to the date of passing in reserve or directly in withdrawal ... b) the county inspectorate or the information section, the military center in the home radius of the descendants of the deceased military pensioners. ... (2) For military personnel belonging to the Ministry of Justice and Citizen Freedoms, as well as for those seconded to execute missions outside the institutions referred to in art. 5 5 para. (1) applications shall be submitted through the personnel structures of the Ministry of Justice and Citizens ' Freedoms, respectively those of the units from which they were posted. ... (3) For military personnel belonging to the Ministry of Justice and Civil Liberties, the Protection and Guard Service, the Foreign Intelligence Service and the Special Telecommunications Service, the requests for retirement shall be submitted to the belonging to the Ministry of National Defence and the Ministry of Administration and Interior, respectively, according to the protocols concluded between them. ... (4) For persons with the right to survivor's pension, whose deceased supporters were military pensioners, the application and the retirement documents can also be submitted to the pension bodies in whose records the supporters were found. ... -------------- Article 49 was amended by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Interior and Administrative Reform" according to EMERGENCY ORDINANCE no. 30 30 of 25 April 2007 , published in MONITORUL OFFICIAL no. 309 of 9 May 2007 and the name "Ministry of National Defence" with the name "Ministry of Defence", according to Legit no. 346 346 of 21 July 2006 , published in MONITORUL OFFICIAL no. 654 654 of 28 July 2006. NOTA C.T.C.E. S.A. Piatra-Neamt: By EMERGENCY ORDINANCE no. 221 221 of 23 December 2008 , published in MONITORUL OFFICIAL no. 882 of December 24, 2008 the reorganization of some ministries was ordered, as follows: "" Art. 1 The Ministry of Administration and Interior is established by reorganizing the Ministry of Interior and Administrative Reform. Article 3 The Ministry of National Defence is established by reorganizing the Ministry of Defense + Article 12 The Ministry of Justice and Citizens ' Freedoms is established by reorganizing the Ministry of Justice. " + Article 50 (1) In order to establish the military state pension the organs provided for in art. 49 are obliged to draw up the retirement file, which bear the full responsibility for the accuracy of the data entered. ... (2) The invalidity retirement file must also necessarily contain the medical decision to qualify for disability. ... (3) The methodology for drawing up the retirement file shall be established by joint order of the Minister of National Defence, the Minister of Administration and Interior and the Director of the Romanian Intelligence Service. ... -------------- Alin. ((3) of art. 50 was amended by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Interior and Administrative Reform" according to EMERGENCY ORDINANCE no. 30 30 of 25 April 2007 , published in MONITORUL OFFICIAL no. 309 of 9 May 2007 and the name "Ministry of National Defence" with the name "Ministry of Defence", according to Legit no. 346 346 of 21 July 2006 , published in MONITORUL OFFICIAL no. 654 654 of 28 July 2006. NOTA C.T.C.E. S.A. Piatra-Neamt: By EMERGENCY ORDINANCE no. 221 221 of 23 December 2008 , published in MONITORUL OFFICIAL no. 882 of December 24, 2008 the reorganization of some ministries was ordered, as follows: "" Art. 1 The Ministry of Administration and Interior is established by reorganizing the Ministry of Interior and Administrative Reform. Article 3 The Ministry of National Defence is established by reorganizing the Ministry of Defense. + Article 51 The retirement file shall be drawn up and submitted to the pension body set up at the level of the institutions provided for in art. 5 5 para. (1), by the bodies referred to in art. 49, within 30 days of the date on which the application was registered. + Article 52 (. The pension rights shall be established and shall be paid as follows: ... a) from the date of termination of the payment of the soldiers of the military personnel or, as the case may be, of the deceased supporter's pension or pension, if the request, together with all the necessary documents, was submitted to the pension body no later than 90 days from the date of the situations; ... b) from the first day of the month following that in which the application, together with the necessary documents, was submitted to the pension body beyond the deadline provided for in lett. a). ... (2) For persons who meet the conditions of retirement after the date of exit from among the military personnel in activity or after the death of the supporter the pension is established and paid with effect from the first day of the month following that in which the application was submitted, together with the necessary documents, to the pension body. ... + Article 53 (1) The establishment of the right to pension or the rejection of the pension application shall be made by decision issued by the pension bodies within 45 days from the date of submission of the retirement file. The decision will necessarily include the factual and legal grounds that led to the admission or rejection of the application for retirement, as well as the time limit within which the appeal may be brought. ... (. Pension decisions shall be communicated in writing to persons who have applied for retirement within 10 days of the date of issue. ... + Article 54 (1) Against decisions issued under the conditions of art. 53 an appeal can be introduced, within 30 days from the communication, to the pension appeals committees operating within the Ministry of National Defence, the Ministry of Administration and Interior and the Romanian Intelligence Service. ... (2) The nominal composition of the commissions referred to in par. (1) is established by order of the Minister of National Defence, the Minister of Administration and Interior or the Director of the Romanian Intelligence Service, as the case may be. ... (3) Decisions of appeals commissions may be appealed in court Law no. 19/2000 ... . (4) The unchallenged pension decisions within the period, as well as the decisions of the appeals commissions, which have not been appealed to the courts, are final. ... -------------- Article 54 was amended by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Interior and Administrative Reform" according to EMERGENCY ORDINANCE no. 30 30 of 25 April 2007 , published in MONITORUL OFFICIAL no. 309 of 9 May 2007 and the name "Ministry of National Defence" with the name "Ministry of Defence", according to Legit no. 346 346 of 21 July 2006 , published in MONITORUL OFFICIAL no. 654 654 of 28 July 2006. NOTA C.T.C.E. S.A. Piatra-Neamt: By EMERGENCY ORDINANCE no. 221 221 of 23 December 2008 , published in MONITORUL OFFICIAL no. 882 of December 24, 2008 the reorganization of some ministries was ordered, as follows: "" Art. 1 The Ministry of Administration and Interior is established by reorganizing the Ministry of Interior and Administrative Reform. Article 3 The Ministry of National Defence is established by reorganizing the Ministry of Defense. + Article 55 The Board of Appeals shall settle appeals within the time prescribed by law. + Article 56 If the pension bodies find some errors in the establishment and payment of pension rights, the revisions and legal changes will be operated. + Article 57 (1) The payment of pensions is made monthly. ... ((2) The pension shall be paid personally to the holder, the trustee appointed by him by special power of attorney or his legal representative. ... (3) The methods of payment of pensions shall be established by joint order of the Minister of National Defence, the Minister of Administration and Interior and the Director of the Romanian Intelligence Service. ... -------------- Alin. ((3) of art. 57 was amended by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Interior and Administrative Reform" according to EMERGENCY ORDINANCE no. 30 30 of 25 April 2007 , published in MONITORUL OFFICIAL no. 309 of 9 May 2007 and the name "Ministry of National Defence" with the name "Ministry of Defence", according to Legit no. 346 346 of 21 July 2006 , published in MONITORUL OFFICIAL no. 654 654 of 28 July 2006. NOTA C.T.C.E. S.A. Piatra-Neamt: By EMERGENCY ORDINANCE no. 221 221 of 23 December 2008 , published in MONITORUL OFFICIAL no. 882 of December 24, 2008 the reorganization of some ministries was ordered, as follows: "" Art. 1 The Ministry of Administration and Interior is established by reorganizing the Ministry of Interior and Administrative Reform. Article 3 The Ministry of National Defence is established by reorganizing the Ministry of Defense. + Article 58 ((. 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 beneficiary of the survivor's pension was convicted by a decision remaining 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 ruling, in the cases provided in par. ((1) lit. c), to communicate in writing this situation to the pension bodies of the institutions referred to in art. 5 5 para. ((1). ... + Article 59 ((. 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 pensioner has been concentrated or mobilized; ... c) the beneficiary of a disability pension shall not be present at the periodic medical review; ... d) the beneficiary of a survivor's pension, except those provided for in art. 40-42, make monthly gross income from a professional activity higher than half of the average gross salary on the economy, for which insurance is mandatory; ... e) the child survivor no longer meets the conditions provided in art. 38 lit. b)-d); ... f) the surviving spouse, the beneficiary of a survivor's pension, shall remarry. ... g) the pensioner carries out income from the exercise of a remunerated function within central and local public authorities and institutions, regardless of the way of financing and subordination, as well as within autonomous regions, national societies, national companies and companies to which the share capital is wholly or majority owned by the State or by an administrative-territorial unit *). ... -------------- Lit. g) a par. ((1) of art. 59 59 was introduced by section 4.2. 2 2 of art. II of EMERGENCY ORDINANCE no. 230 230 of 30 December 2008 , published in MONITORUL OFFICIAL no. 4 4 of 5 January 2009. (2) The payment of the accompanying allowance shall be suspended during the time the pensioner of invalidity first degree, except for the blind, is admitted to social assistance institutions or specialized medical facilities, in which supervision is provided and permanent care. ... (3) The person who benefits from a service pension and opts for the exercise of a remunerated function within the central and local public authorities and institutions, regardless of the way of financing and subordination, as well as within the regions autonomous, national companies, national companies and companies to which the share capital is wholly or majority owned by the State or by an administrative-territorial unit, restitution to the public institution within which it has retired, in until 30 days from the date of classification, the aid received according to art. 31 31 para. ((1), (2) and (2 ^ 1) of Law no. 138/1999 on the salary and other rights of military personnel in the public institutions of national defense, public order and national security, as well as the granting of salary rights to civil personnel in these institutions, with subsequent amendments and completions, or compensatory payment provided for in art. 7 sentence 2 of Government Ordinance no. 7/1998 on some social protection measures of military and civilian personnel that will apply during the restructuring of the major units, units and formations in the composition of the Ministry of National Defence, approved with amendments by the Law No. 37/2001, as amended, as well as those provided by Government Emergency Ordinance no. 100/1999 on some measures of social protection of military personnel and civilian employees, which will apply during the restructuring of the central apparatus, gun orders, general inspectorates, large units, units and formations from the composition of the Ministry of Interior, approved by Law no. 267/2001 267/2001, as applicable *). ... -------------- Alin. ((3) of art. 59 59 has been introduced by section 3 3 of art. II of EMERGENCY ORDINANCE no. 230 230 of 30 December 2008 , published in MONITORUL OFFICIAL no. 4 4 of 5 January 2009. -------------- *) NOTE C.T.C.E. S.A. Piatra-Neamt: By CONSTITUTIONAL COURT DECISION no. 82 82 of 15 January 2009 , published in MONITORUL OFFICIAL no. 33 of 16 January 2009 was admitted the exception of unconstitutionality raised directly by the Ombudsman and found that EMERGENCY ORDINANCE no. 230 230 of 30 December 2008 , published in MONITORUL OFFICIAL no. 4 of January 5, 2009 for the modification of some normative acts in the field of pensions in the public system, state and service pensions is contrary to art. 115 115 para. (6) of the Constitution. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. In conclusion, as of 16 January 2009, Emergency Ordinance no. 230 230 of 30 December 2008 is suspended by law, and the amendments and additions made by this act on Law no. 164/2001 republished, in the present case. g) a par. ((1) of art. 59 and para. ((3) of art. 59, is suspended, and will cease its legal effects, as of March 3, 2009, if the legislator does not intervene to agree Emergency Ordinance no. 230 230 of 30 December 2008 with the Constitution. + Article 60 (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. 38 lit. b)-d) 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. ... + Article 61 (1) I can cumulate the survivor's pension with the income made from a professional activity for which the insurance is mandatory, regardless of their level: ... a) children offspring, orphans of both parents, during schooling, up to the ages provided in art. 38 lit. a)-c); ... b) the blind who benefit from the pension. ... (2) Beneficiaries of the survivor's pension, except those provided for in art. 40-42, can cumulate the pension with the income made from a professional activity, if the monthly gross income realized does not exceed half of the average gross monthly salary on the economy. ... + Article 62 Beneficiaries of the military service pension who fall into work after passing in reserve may request the establishment of pension rights in relation to the age acquired after retirement under the conditions laid down by Law no. 19/2000 . + Article 63 (1) Pension decisions of military pensioners recalled among military personnel in activity or assigned to institutions of the defense, public order and national security system as civil servants with special status with degree Professionally revoke. ... (2) Provisions of para. (1) shall apply from the day on which the military presented itself to the establishment/institution in which it was assigned. ... (3) The unit/institution and military recalled among military personnel in activity or classified as civil servants with special status with professional degree can always ask for retirement under the conditions of this law. ... (4) At a new reserve/termination of employment relationship, the seniority to be considered when establishing the state military pension is that established at the previous retirement, plus the time served after the recall among the staff. military in activity, respectively, the time worked as a civil servant with special status with professional degree. ... (5) In the calculation base of the pension are taken the scales provided in art. 21. ... -------------- Article 63 has been amended by section 6.6. 6 6 of the single article of LAW no. 14 14 of 14 February 2008 , published in MONITORUL OFFICIAL no. 127 127 of 19 February 2008. + Article 64 The beneficiary of the pension right is obliged to communicate to the pension body the amendment on the conditions for granting and paying the pension, within 15 days of its occurrence. + Article 65 (1) The amounts left unearned by the deceased pensioner, representing the pension for the month in which the death took place and, as the case may be, the pension rights due and unpaid until 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. ... + Article 66 (1) The amounts collected unearned as a pension shall be recovered from pensioners within the limitation period of 3 years. ... (2) The amounts collected uncuincome as a pension, as a result of a crime committed by the military pensioner, shall be recovered from it from the date of the first payment of the undue amounts, plus the related interest until the full recovery of injury. ... (3) Debites established according to par. (2), left unrecovered from deceased pensioners, shall recover from heirs, under the conditions of common law. ... + Article 67 Recovery of amounts provided in art. 66 is based on the decision issued by the pension bodies of the Ministry of National Defence, the Ministry of Administration and Interior and the Romanian Intelligence Service, as the case may be, which constitutes enforceable title. -------------- Article 67 was amended by replacing the name "Ministry of Administration and Interior" with the name "Ministry of Interior and Administrative Reform" according to EMERGENCY ORDINANCE no. 30 30 of 25 April 2007 , published in MONITORUL OFFICIAL no. 309 of 9 May 2007 and the name "Ministry of National Defence" with the name "Ministry of Defence", according to Legit no. 346 346 of 21 July 2006 , published in MONITORUL OFFICIAL no. 654 654 of 28 July 2006. NOTA C.T.C.E. S.A. Piatra-Neamt: By EMERGENCY ORDINANCE no. 221 221 of 23 December 2008 , published in MONITORUL OFFICIAL no. 882 of December 24, 2008 the reorganization of some ministries was ordered, as follows: "" Art. 1 The Ministry of Administration and Interior is established by reorganizing the Ministry of Interior and Administrative Reform. Article 3 The Ministry of National Defence is established by reorganizing the Ministry of Defense. + Article 68 (1) Debites coming from pension and social security rights, which cannot be recovered by military pension bodies, will be transmitted to financial bodies with powers in this regard. ... (2) The amounts from the recovery of the debits will be transferred to the state budget. ... + Chapter III Legal liability + Article 69 Violation of the provisions of this law attracts material, civil, contravention or criminal liability, as the case may + Section 1 Offences + Article 70 Completion by official of forms-type relating to the establishment and payment of pensions with unreal data, having as effect the distortion of records on military pensioners, seniority or making unjustified payments from the budget of state, constitutes a crime of intellectual forgery and is punished according to the Criminal Code. + Section 2 Contraventions + Article 71 It constitutes a contravention of the following facts if not committed under such conditions that, according to the criminal law, to constitute crimes: a) non-compliance with the methodology of classification under special and special working conditions; ... b) non-compliance with the obligation of the beneficiary of the pension right to communicate to the pension body the changes regarding the granting and payment of the pension, within 15 days of their occurrence. ... + Article 72 The contraventions provided in art. 71 71 shall be sanctioned as follows: a) those of lit. b) with a fine from 3,000,000 lei to 6,000,000 lei; ... b) those of lit. a) with a fine from 6,000,000 lei to 9,000,000 lei. ... + Article 73 Level of fines provided for in art. 72 will be updated by Government decision. + Article 74 The finding of contraventions and the application of fines shall be made by the military and control bodies of the institutions in the field of national defence, public order and national security. + Article 75 The contravention fines imposed according to this law are made income to the state budget. + Article 76 The provisions of this law regarding the establishment and sanctioning of contraventions shall be supplemented by Law no. 32/1968 on the establishment and sanctioning of contraventions *), with subsequent amendments and completions. -------------- * *) Law no. 32/1968 has been repealed by Government Ordinance no. 2/2001 , 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 . In accordance with art. 48 of Government Ordinance no. 2/2001 ,, whenever in a special law or other previous normative act reference is made to Law no. 32/1968 on the establishment and sanctioning of contraventions, it will be considered made to the corresponding provisions of this ordinance. + Chapter IV Transitional provisions + Article 77 (1) It constitutes seniority in service or in work for the establishment of the state military pension and the periods recognized under the law, until the date of entry into force of this law. ... (2) The proof of seniority in service for the establishment of the military state pension, for the periods prior to the date of entry into force of this law, shall be made with the documents provided by the previous ... (3) It constitutes seniority in service for the establishment of the state military pension and the period during which, prior to the date of entry into force of this law, the day courses of higher education, organized according to the law, were followed those studies, subject to their graduation, according to the law. ... (4) In the case of graduation of several higher education institutions, a single period of studies is considered to be seniority, of choice. ... + Article 78 (1) For military personnel who have contributed to the supplementary pension fund shall be granted when establishing or updating the pension, under the conditions of art. 22 22-24 and art. 48 48 para. ((1), a percentage increase of: ... a) 3% for an amount of contribution between 5-15 years; ... b) 6% for an amount of contribution between 15-25 years; ... c) 9% for a more than 25 years of contribution. ... -------------- Alin. ((1) art. 78 78 has been amended by section 6 6 of the single article of LAW no. 14 14 of 14 February 2008 , published in MONITORUL OFFICIAL no. 127 127 of 19 February 2008. (2) From the date of entry into force of this Law, the contribution for the additional pension will become an individual contribution to the state budget, for the benefits provided in art. 4. ... (3) The individual contribution rate is 5%. The monthly calculation basis for which the individual contribution will be determined is the gross monthly balance. ... + Article 79 (1) The military pensions established under the legislation prior to the date of entry into force of this Law shall be recalculated as follows: ... a) the amount of the pension in payment shall be updated, having as the basis of calculation the gross monthly balance in force at the date of application of this law, corresponding to the maximum function exercised and the military grade, held on the date of passing methodologies approved by Government decision, at the proposal of the institutions provided in art. 5 5 para. ((1), the methodology according to which the granting of the graduation will be made in relation to the seniority in service or the one had at the time of the transition; ... ------------- Lit. a) a par. ((1) of art. 79 79 has been amended by section 4.2 2 2 of art. I of LAW no. 479 479 of 12 November 2003 , published in MONITORUL OFFICIAL no. 836 836 of 25 November 2003. b) if the amount of the pension obtained according to lit. a) is less than the amount of the pension in payment is maintained the amount of the pension in payment. ... c) on request, by adding to the service age of the period provided in art. 77 77 para. ((3) and (4). ... ------------- Lit. c) a par. ((1) art. 79 was introduced by the unique article of EMERGENCY ORDINANCE no. 93 93 of 10 November 2004 , published in MONITORUL OFFICIAL no. 1.071 1.071 of 18 November 2004. (2) The amounts resulting as the difference between pensions in payment and pensions recalculated by application of the provisions of par. ((1) lit. a) is granted staggered since 2002, until the end of the process of recalculation of pensions in the public pension system, as follows: ... a) for the year 2002, 10% of the amount of the difference, from 1 January 2002, and 10% from 1 July 2002; ... b) for the year 2003, 20% of the difference between 1 January 2003, 20% from 1 July 2003 and 20% from November 2003; ... ------------- Lit. b) a par. ((2) of art. 79 79 has been amended by art. I of LAW no. 555 555 of 18 December 2003 , published in MONITORUL OFFICIAL no. 915 915 of 20 December 2003. c) for the year 2004, 20% of the amount of the difference, as of 1 July 2004. ... ------------- Lit. c) a par. ((2) of art. 79 79 has been amended by art. I of LAW no. 555 555 of 18 December 2003 , published in MONITORUL OFFICIAL no. 915 915 of 20 December 2003. + Article 80 At the time of the conclusion of the pension recalculation process, carried out according to the 79, pensions and additional pensions granted on the basis of previous legislation, in payment, become state military pensions within the meaning of this law. + Chapter V Final provisions + Article 81 Applications addressed to the pension body constituted at the level of the institutions provided in art. 5 5 para. (1) shall be settled within the period prescribed by law and shall be exempt from any kind of tax. + Article 82 Soldiers who were militarily degraded or lost the rank of officer, military foreman or petty officer are entitled to service pension for the age limit at age 55, if they have at the time of passing in reserve for at least 25 years. seniority in service, of which effectively as a military 15 years. The calculation basis for the establishment of the pension is the gross monthly balance received in the last month of activity, updated on the date of opening of the pension right. ---------------- Article 82 has been amended by section 2. 10 10 of art. I of EMERGENCY ORDINANCE no. 77 77 of 28 June 2007 , published in MONITORUL OFFICIAL no. 444 444 of 29 June 2007. + Article 83 Applications registered and outstanding until the date of entry into force of this law will be resolved according to the legal norms existing at the date of opening of social security and pension rights. + Article 84 Military pension rights are transferred to countries where military pensioners establish their domicile or residence, under the conditions regulated by international agreements and conventions to which Romania is a party. + Article 85 In application of this law the institutions provided in art. 5 5 para. (1) issue methodological norms within 45 days from the publication of this law in the Official Gazette of Romania, Part I. + Article 86 On establishment pensions are rounded out of 1,000 in 1,000 lei in favor of the beneficiary. + Article 87 This Law shall enter into force on 1 April 2001 *). ------------ * *) Please note that by Constitutional Court Decision no. 7 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 The date of entry into force of this Law shall be repealed: Decree no. 214/1977 on state military pensions, published in the Official Bulletin, Part I, no. 83 of August 6, 1977, with subsequent amendments and completions; Decree no. 247/1977 on the framing of permanent military personnel in groups I, II or III of work, with subsequent amendments and completions; Decree no. 248/1977 on the criteria and norms for the invalidity of the military in the permanent frameworks, published in the Official Bulletin, Part I, no. 85 85 of 7 August 1977; Decree no. 249/1977 on the approval of the Regulation on the organization and functioning of pension commissions and commissions of medical-military expertise, published in the Official Bulletin, Part I, no. 85 of August 7, 1977; any other provisions contrary to this law. --------------- *) NOTE C.T.C.E. S.A. Piatra-Neamt: By EMERGENCY ORDINANCE no. 63 63 of 28 June 2003 , published in MONITORUL OFFICIAL no. 462 of 28 June 2003 it was planned to organize and operate the Ministry of Administration and Interior. EMERGENCY ORDINANCE no. 63 63 of 28 June 2003 , published in MONITORUL OFFICIAL no. 462 462 of 28 June 2003 was repealed by EMERGENCY ORDINANCE no. 30 30 of 25 April 2007 , published in MONITORUL OFFICIAL no. 309 of 9 May 2007, providing for the organization and functioning of the Ministry of Interior and Administrative Reform. By JUDGMENT no. 743 743 of 3 July 2003 , published in MONITORUL OFFICIAL no. 490 of July 8, 2003 was ordered the organization and functioning of the Ministry of Health. JUDGMENT no. 743 743 of 3 July 2003 , published in MONITORUL OFFICIAL no. 490 490 of 8 July 2003 was repealed by JUDGMENT no. 168 168 of 9 March 2005 , published in MONITORUL OFFICIAL no. 249 249 of 25 March 2005. JUDGMENT no. 168 168 of 9 March 2005 , published in MONITORUL OFFICIAL no. 249 of 25 March 2005 was repealed by JUDGMENT no. 862 862 of 28 June 2006 , published in MONITORUL OFFICIAL no. 590 of 7 July 2006, which provided for the organization and functioning of the Ministry of Public Health Based on JUDGMENT no. 737 737 of 3 July 2003 , published in MONITORUL OFFICIAL no. 483 of 7 July 2003 the Ministry of Labour, Social Solidarity and Family was established. JUDGMENT no. 737 737 of 3 July 2003 , published in MONITORUL OFFICIAL no. 483 483 of 7 July 2003 was repealed by JUDGMENT no. 412 412 of 5 May 2005 , published in MONITORUL OFFICIAL no. 427 427 of 20 May 2005. JUDGMENT no. 412 412 of 5 May 2005 , published in MONITORUL OFFICIAL no. 427 427 of 20 May 2005 was repealed by JUDGMENT no. 381 381 of 25 April 2007 , published in MONITORUL OFFICIAL no. 287 of 2 May 2007, which provided for the organization and functioning of the Ministry of Labour, Family and Equal Opportunities. By LAW no. 346 346 of 21 July 2006 , published in MONITORUL OFFICIAL no. 654 of 28 July 2006 the organization and functioning of the Ministry of Defense was foreseen. By EMERGENCY ORDINANCE no. 221 221 of 23 December 2008 , published in MONITORUL OFFICIAL no. 882 of December 24, 2008 the reorganization of some ministries was ordered, as follows: "" Art. 1 The Ministry of Administration and Interior is established by reorganizing the Ministry of Interior and Administrative Reform. Article 3 The Ministry of National Defence is established by reorganizing the Ministry of Defense Article 12 The Ministry of Justice and Citizen Freedoms is established by reorganizing the Ministry of Justice. Article 14 The Ministry of Labour, Family and Social Protection is established by reorganizing the Ministry of Labour, Family and Equal Opportunities. Article 15 The Ministry of Health is established by reorganizing the Ministry of Public Health. ----------------
