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Law No. 338 Of 31 May 2002

Original Language Title:  LEGE nr. 338 din 31 mai 2002

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LEGE no. 338 338 of 31 May 2002 on approval Government Emergency Ordinance no. 49/2001 to amend and supplement Law no. 19/2000 on the public pension system and other social security rights
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 446 446 of 25 June 2002



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 49 49 of 29 March 2001 to amend and supplement Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 161 of 30 March 2001, with the following amendments and additions: 1. in Article I, after point 5, point 5 ^ 1 is inserted as follows: "" 5 ^ 1. In Article 6, paragraph 1 is inserted after paragraph 1 with the following contents: < < (1 ^ 1) The declaration on the nominal record of insured persons and payment obligations to the state social insurance budget constitutes a debt instrument and becomes enforceable on the date on which the budget claim is due according to the law. > > " 2. In Article I, after point 6, point 6 ^ 1 is inserted as follows: "" 6 ^ 1. Article 9 will read as follows: < (2) The checks in the population record for the identification data of some persons, as well as the data supplies from the population record to the CNPAS and the territorial pension houses are exempted from payment. > > " 3. In Article I, point 8 shall read as follows: "" 8. Article 20 will read as follows: < a) the mining units, for the personnel operating underground at least 50% of the normal working time in that month; b) activities of research, exploration, exploitation or processing of nuclear raw materials, zones I and II of radiation exposure; c) civil aviation, for the aircrew referred to in Annex no. 1 1; d) artistic activity carried out in the professions set out in Annex no. 2. (2) Other jobs under special conditions than those provided in par. (1) may be established by law only. (3) The methodology and criteria for the employment of persons in special conditions shall be determined by Government decision, based on the joint proposal of the Ministry of Labour and Social Solidarity and the Ministry of Health and Family, following the CNPAS consultation. > > " 4. In Article I, point 9 shall read as follows: "" 9. Article 21 (5) will read as follows: < < (5) The social security contribution for the unemployed shall be borne in full from the budget of the Fund for the payment of unemployment benefits, at the level of the quota established for normal working conditions, except for compensatory payments and completion income granted to employees in the defense industry during the period of temporary reduction of activity. > > " 5. In Article I, point 10 shall read as follows: "" 10. In Article 21, after paragraph 5, paragraphs 5 ^ 1 and 5 ^ 2 are inserted as follows: < < (5 ^ 1) The social security contribution for persons benefiting from compensatory payments shall be borne from the budget of the Fund for the payment of unemployment benefits, at the level of one third of the quota established for normal working conditions. (5 ^ 2) The social security contribution for employees in the defense industry, who benefit from completion income, according to the law, during the period of temporary reduction of activity, shall be borne as follows: a) the individual contribution of social security, by employees; b) the contribution of social insurance corresponding to the contribution due by the employer, from the budget of the Fund for the payment of unemployment benefits. 6. In Article I, point 11, letter a) of paragraph 1 of Article 23 shall read as follows: " a) gross individual salaries, made monthly, including bonuses and additions, regulated by law or by collective agreement, in the case of insured persons referred to in art. 5 5 para. ((1) pt. I, or gross income of the nature of the salary rights made monthly by the insured provided in art. 5 5 para. ((1) pt. II and VI; ' 7. In Article I, point 14 shall read as follows: "" 14. Article 26 will read as follows: < a) social security benefits that are borne by social insurance funds or employer funds and which are paid directly by him, according to the present law; b) the rights paid according to the legal provisions, in case of termination of employment, termination of service relations of civil servants, of the mandate or of the quality of cooperative member, other than those granted according to the law for the period of notice; c) travel and delegation allowances, delegation, posting and transfer allowances, as well as copyright; d) amounts obtained on the basis of a civil convention for the provision of services or works by persons who have concluded individual employment contracts, as well as by the beneficiaries of an old-age pension; e) amounts representing the participation of employees at profit f) prizes and other rights exempted by special laws. ((2) The amounts on which the social security contribution provided in par. ((1) lit. b)-f) shall not be taken into account when determining the amount of social security benefits. > > " 8. Article I, after point 15, insert point 15 ^ 1 with the following contents: "" 15 ^ 1. In Article 31, after paragraph 5, paragraphs 6 to 8 are inserted as follows: < < (6) The non-maintenance and non-burning by employers of the individual social insurance contribution, provided for in art. 21 21 para. ((2) and in art. 22 22 para. (1), constitutes a stop at the source and generates the payment of penalties, according to the legal regulations in force. (7) The amounts representing penalties are made to the state social insurance budget. (8) The provisions of this law, relating to the non-payment of the social security contribution, shall be supplemented by the legal provisions on the execution of budgetary claims. 9. In Article I, point 16, Article 37 shall read as follows: "" Art. 37. -(1) In the public system the contribution period is constituted from the summation of the periods for which the contribution to the state social insurance budget was due by the employer and insured or, as the case may be, was due and paid by the insured referred to in art. 5 5 para. ((1) pt. IV and V and para. ((2). (2) The contribution period corresponding to the social security contribution paid under the conditions of art. 21 21 para. (5 ^ 1) is one third of that period. " 10. In Article I, paragraph 18 shall read as follows: "" 18. Article 38 will read as follows: < a) has benefited or benefits from social security rights, except for those provided in art. 40 lit. a)-c) and e); b) attended the day courses of university education, organized according to the law, during the normal duration of the respective studies, provided they graduate; c) satisfied the military service that military in term or military with reduced term, for the established legal duration, was concentrated, mobilized or in prisoner. (2) Insurance that have graduated several higher education institutions, according to the provisions of par. ((1) lit. b), benefit from assimilation, as a contribution period, of a single period of studies, of choice. (3) Persons referred to in par. (1) benefit from assimilated periods, if during these periods they did not realize the contribution internships under the conditions of this law. (4) The assimilated periods provided in par. (1) shall be used to obtain the social security benefits provided for by this Law. (5) It is exempted from the provisions of par. (4) the early pension and the partial early pension, in the case of which the assimilated periods provided in par. ((1) lit. b) and c), as well as the periods in which disability pension was received. > > " 11. In Article I, points 18 ^ 1 and 18 ^ 2 are inserted after point 18: "" 18 ^ 1. Paragraph 5 of Article 41 shall read as follows: < < (5) Insured who meet the conditions provided by this law for obtaining an old-age pension, except for early pension and partial early pension, can continue their activity only with the employer's consent. > > 18 18 ^ 2. In Article 41, after paragraph 5, paragraph 6 is inserted as follows: < < (6) In the situation of insured persons who have applied for retirement, their employers may not order the termination of employment, service or cooperative membership, as the case may be, for retirement, than after receiving the decision of admission of retirement request. > > " 12. Article I, paragraph 20 shall be repealed. 13. After paragraph 20, insert point 20 ^ 1 with the following contents: " paragraphs 2 and 3 of Article 43 shall read as follows: < < (2) Insurance that have carried out their activity in the jobs provided for in art. 20 lit. c) and d) and who have completed a contribution period of at least 25 years benefit from old-age pension, with the reduction of the standard retirement ages by 15 years. (3) Insurance that have carried out their activity in the jobs provided for in art. 20 lit. b) and who have completed a contribution period of at least 15 years in the area I of radiation exposure or 17 years in the area II of radiation exposure benefit from the pension for the age limit, regardless of age. > > " 14. In Article I, paragraph 21, paragraph 4 of Article 43 shall read as follows: " (4) The criteria for the classification of research, exploration, exploitation or processing of nuclear raw materials in areas I and II of radiation exposure shall be established by Government Decision, at the proposal of the Ministry of Labour and Social Solidarity and Ministry of Health and Family, after consulting the National Commission for the Control of Nuclear Activities, within 3 months from the date of entry into force of this Law. " 15. In Article I, paragraph 22, Article 44 shall read as follows: "" Art. 44. -Insurance provided in art. 20 lit. a), c) and d), which have achieved contribution internships lower than those provided in par. ((1) and (2) of art. 43, benefit from the old-age pension, with the proportional reduction of the standard retirement ages, in the conditions of achieving the necessary total contribution internships, according to the provisions contained in Annexes no. 4 4 and 5. " 16. Article I, after paragraph 22, insert paragraph 22 ^ 1 with the following contents: "" 22 ^ 1. Article 45 will read as follows: < > > " 17. In Article I, paragraph 23 shall read as follows: "" 23. After Article 48, Articles 48 ^ 1 and 48 ^ 2 are inserted as follows: < (2) Retirement age reduced according to par. (1) may not be less than the ages provided in art. 42 42, art. 43 43 para. ((1) or than the age resulting from the application of the maximum reduction provided for in art. 43 43 para. ((2), art. 46 46 and art. 47 47 para. ((1), respectively, than the maximum 10-year reductions provided for in Annexes no. 4 4 and 5, as appropriate. (3) Insurance that have carried out the contribution internships under normal working conditions, as well as under the conditions provided by special laws or, as the case may be, under the conditions provided in art. 48 benefits from reducing the standard retirement age up to 50 years for women, respectively up to 55 years for men. Article 48 ^ 2. -(1) Women who have completed the full contribution period and who have given birth to at least 3 children and raised them up to the age of 10 shall benefit from the reduction of the standard retirement age as follows: a) with one year-for 3 children; b) by two years-for 4 or more children. (2) Reducing the age provided in par. ((1) may not be cumulated with another reduction provided for by this law or by special laws. Retirement age reduced according to par. ((1) may not be less than 55 years. > > " 18. in Article I, point 25 is inserted after point 25, with the following contents: "" 25 ^ 1. Article 51 will read as follows: < (2) In the situation referred to in par. (1) the reduction provided in art. 50 50 para. ((2) does not apply for the number of months with which the standard retirement age is reduced due to the activity carried out under special and/or special working conditions. (3) The provisions of par. ((1) and (2) shall also apply to persons who benefit from the reduction of the standard retirement ages according to art. 48 48, as well as those provided by special laws. > > " 19. in Article I, point 26 is inserted after point 26, with the following contents: "" 26 ^ 1. Paragraph 1 of Article 56 shall read as follows: < > > " 20. Article I, after point 27, insert point 27 ^ 1 with the following contents: "" Art. 27 27 ^ 1. Article 59 will read as follows: < (2) In the case of insured persons who have achieved at least half of the required contribution period, set out in Table no. 3, the potential internship is determined as the difference between the full contribution period and the necessary contribution period. (3) The potential result in accordance with par. ((1) and (2) may not be higher than the contribution period that the insured could have made from the date of the iviation of invalidity until the standard retirement age set out in Annex no. 3, the age at which, under the present law, he can apply for an old-age pension. > > " 21. in Article I, points 28 ^ 1 and 28 ^ 2 shall be inserted after point 28: "" 28 ^ 1. Article 61 will read as follows: < (2) The amount of the allowance for the attendant shall be established annually by the law of the state social insurance budget and may not be less than the minimum gross basic salary per country. (3) During the budgetary execution the amount of the allowance for the attendant shall be updated by Government decision. (4) The fixed amount for care, granted under the previous legislation, becomes, on April 1, 2001, allowance for the attendant within the meaning of this law. > > 28 28 ^ 2. Paragraph 1 of Article 64 shall read as follows: < > > " 22. In Article I, point 32, Article 71 shall read as follows: "" Art. 71. -(1) The survivor's pension shall be calculated, as the case may be, of: a) the pension for the age limit in payment or to which he would have been entitled, under the law, the deceased supporter; b) degree I disability pension, if the death of the supporter came before the conditions for obtaining the pension for the age limit and was in payment with invalidity pension of any degree, early pension, pension partially anticipated or had the right, under the law, to one of these pension categories; c) the service pension in payment or to which the deceased supporter would have been entitled under the law, if it is more advantageous than the old-age pension. (2) The amount of the survivor's pension shall be determined under the conditions of art. 76, by applying a percentage on the average annual score made by the supporter, related to the pension provided in par. ((1) lit. a) and b), depending on the number of entitled descendants, as follows: a) for a single survivor-50%; b) for 2 offspring-75%; c) for 3 or more offspring-100%. (3) In the situation referred to in par. ((1) lit. c) the amount of the survivor's pension shall be determined by applying the percentages provided in par. (2), depending on the number of entitled descendants, on the amount of the service pension. (4) The part of the survivor's pension established under the conditions of par. ((3), which exceeds the level of the survivor's pension calculated from the pension for the age limit due to the holder in the public system, shall be borne from the state budget. " 23. In Article I, paragraph 35 shall read as follows: "" 35. Paragraphs 7 and 8 of Article 78 shall read as follows: < < (7) In the case of persons who benefit from the assimilated periods provided in art. 38 38 para. ((1) lit. a) and which, in the same period, obtain income for which the social insurance contribution is due or concludes insurance contract, at the calculation of the annual score of the insured shall be taken into account, by cumulation, the income provided with the established for assimilated periods. (8) Insurance that, after meeting the retirement conditions for the age limit, regulated by this law, contributes a certain period to the public system, being found in one of the situations provided in art. 5, benefits from the increase of the score achieved during this period by 0.3% for each month, respectively by 3.6% for each additional year. > > " 24. In Article I, paragraph 36, Article 78 ^ 1 shall read as follows: "" Art. 78 78 ^ 1. -(1) The number of points made by the unemployed shall be calculated by reporting the amount of monthly monetary rights granted at the average monthly gross salary of that month, communicated by the National Institute of Statistics. (2) It is exempted from the provisions of par. (1) persons benefiting from compensatory payments, for whom the contribution from the budget of the Fund for the payment of unemployment benefits has been paid, for which the number of points is calculated by reporting a third of the rights received, in these cases, at the average monthly gross salary in that month, communicated by the National Institute of Statistics. " 25. In Article I, paragraph 37, paragraph 1 of Article 80 shall read as follows: "" Art. 80. -(1) The value of a pension point shall be calculated on the basis of a coefficient which may not be less than 30% and more than 50% of the average gross salary on the economy used to substantiate the state social insurance budget. " 26. in Article I, paragraph 39 is inserted after point 39 ^ 1 with the following contents: "" 39 ^ 1. Paragraph 2 of Article 84 shall read as follows: < < (2) Disability pension rights shall be granted: a) from the date of termination of the payment of the allowance for temporary incapacity for work, if the application was submitted within 60 days from the date of issue of the medical decision of employment in the degree of invalidity; b) from the date of submission of the application, in the event that the deadline provided for in lett has been exceeded. a) or if the person applying for retirement no longer has the quality of insured. > > " 27. In Article I, paragraph 47 shall read as follows: "" 47. Article 98 will read as follows: < a) allowance for temporary incapacity for work, caused by ordinary diseases or accidents outside work, occupational diseases and accidents at work; b) benefits for the prevention of illness and the recovery of work capacity; c) maternity allowance; d) child-rearing allowance or sick child care; e) death benefit. (2) Benefit from the rights provided in par. (1) insured persons who in the last 12 months prior to the production of risk have a contribution period of at least 6 months, realized under the conditions of art. 37 and/or in one or more of the situations provided in art. 38. (3) Insurance with individual fixed-term employment contract, as well as those provided in art. 5 5 para. ((1) pt. IV, V and VI, which do not meet the contribution period provided for in par. (2), benefit from the rights provided in par. ((1), if in the last 24 months prior to the production of the risk they have a contribution period of at least 12 months made according to art. 37 and/or in one or more of the situations provided in art. 38. ((4) Insurance benefits from temporary incapacity allowance, without conditions of contribution period, in the case of accidents at work, occupational diseases, medical-surgical emergencies, tuberculosis and infectious diseases of the group A. The list of medical-surgical emergencies, as well as infectious diseases of group A will be established by Government decision, adopted within 3 months from the date of publication of the present law in the Official Gazette of Romania, Part I. (5) The right of insured persons to death is not conditional on the performance of the contribution period provided in par. ((2) or (3). > > " 28. In Article I, paragraph 48 shall read as follows: "" 48. Article 99 will read as follows: < (2) If the contribution period is less than 6 months, for the insured persons referred to in art. 98 98 para. (4) the basis for the calculation of social security benefits shall be the average of the monthly income to which the social security contribution was paid from those months or, as the case may be, the monthly income from the first month of activity for which it was established to pay the social security contribution. (3) Of the durations of granting sick leave, respectively of parental leave, expressed in calendar days of temporary incapacity for work, the working days are paid. (4) For the calculation of social security allowances, account shall be taken of the number of working days for which the individual contribution of social security has been paid and/or the number of working days of the periods assimilated to the contribution period of the months from which the calculation base is constituted. (5) When determining the number of working days of the month in which the right of social insurance is granted, the legal provisions on the days of public holidays in which they are not worked shall be considered. (6) If the basis for calculating social security benefits also includes periods prior to the date of entry into force of this law, including periods of unemployment recognized as seniority, the calculation of allowances shall be taken in consideration, for these periods, as the case may be, the monthly income that, according to the law, constituted the basis for the calculation of the respective rights or the amounts entitled money received as unemployed. (7) For periods prior to the date of entry into force of this Law, which constituted seniority in the work recognized when establishing pensions, under the conditions of art. 160, other than unemployment periods, the basis for the calculation of social insurance allowances is the gross minimum wage per country of the respective periods. (8) For the assimilated periods provided in art. 38 38 para. ((1) lit. b) and c), including those made prior to the entry into force of this law, to the determination of the basis for the calculation of social insurance allowances shall be used the gross minimum wage per country of the respective periods. (9) For the assimilated periods provided for in art. 38 38 para. ((1) lit. a), including those made prior to the entry into force of this law, the amount of social security rights that was received during the respective periods shall be used in determining the basis for the calculation of social security allowances. (10) In the case of persons who benefit from the assimilated periods provided in art. 38 38 para. ((1) lit. a) and which, in the same period, obtain income for which the social insurance contribution is due or concludes insurance contracts, the calculation of social security allowances shall be taken into account, by cumulation, the income provided with those established for assimilated periods. (11) When establishing the basis for the calculation of social insurance allowances in the situations provided in par. (9) and (10), the insured income, cumulated with those established for assimilated periods, cannot exceed the ceiling of 3 times the average gross monthly salary on the economy. > > " 29. Article I, point 49 shall be repealed. 30. In Article I, point 50 shall read as follows: "" 50. Article 101 will read as follows: < A. by the employer, depending on the number of employees had at the time of the employment of temporary incapacity for work, as follows: a) up to 20 employees, from the first day to the 7th day of temporary incapacity for work; b) between 21-100 employees, from the first day to the 12th day of temporary incapacity for work; c) more than 100 employees, from the first day to the 17th day of temporary incapacity for work; B. from the state social insurance budget, starting with: a) the first day of temporary incapacity for work, in the case of persons provided in art. 5 5 para. ((1) pt. III, IV, V and para. ((2); b) the day following those borne by the employer, according to letter A, and until the date of termination of temporary incapacity for work or retirement. > > " 31. In Article I, paragraph 52 shall read as follows: "" 52. Article 104 will read as follows: < > > " 32. In Article I, paragraph 53, point g) of paragraph 1 of Article 109 shall read as follows: "g) rest tickets for the insured persons in which the establishment of the social fund is not regulated, according to the law." 33. Article I, after point 58, insert point 58 ^ 1 with the following contents: "" 58 ^ 1. Paragraph 1 of Article 126 shall read as follows: < > > " 34. Article I, after point 62, insert point 62 ^ 1 with the following contents: "" 62 ^ 1. After Article 133, insert Article 133 ^ 1 with the following contents: < (2) The methodology for the application of para. ((1) shall be established by order of the Minister of Labour and Social Solidarity. > > " 35. In Article I, points 63 ^ 1 and 63 ^ 2 are inserted after point 63: "" 63 ^ 1. Paragraph 2 of Article 138 shall read as follows: < < (2) Payment of social security allowances provided for in art. 121 121 para. ((1) lit. a) is suspended, at the request of the beneficiary or during the period in which he is deprived of the parental rights, respectively from the right to be a guardian, or if the child is abandoned or admitted to a protection institution. > > 63 63 ^ 2. In Article 138, after paragraph 3, paragraph 4 is inserted as follows: < < (4) Upon the resumption in payment of the allowance provided for in art. 121 121 para. ((1) lit. a), suspended on request, for a duration of at least 6 months, the amount of the allowance may be recalculated under the conditions provided by this law. > > " 36. Article I, after point 65, insert point 65 ^ 1 with the following contents: "" 65 ^ 1. Letters a) and f) of Article 144 shall read as follows: < ................................................................... f) aims to collect the revenues of the state social insurance budget; organizes, guides and controls the activity on the execution of budgetary claims, according to the legal provisions in force; > > " 37. In Article I, paragraph 67 shall read as follows: "" 67. Letters k) and l) of Article 148 shall read as follows: < l) refusal to provide the control bodies of the Ministry of Labour and Social Solidarity, of the territorial labour and social solidarity directorates and the authorized personnel of the CNPAS and of the territorial pension houses the documents the supporting documents and documents required for the purpose of establishing social security obligations, as well as for the recovery of claims through forced execution. > > " 38. In Article I, after point 67, points 67 ^ 1-67 ^ 3 are inserted with the following contents: "" 67 ^ 1. In Article 148, after letter k) the letter k ^ 1 is inserted) with the following contents: < > 67 67 ^ 2. Article 149 will read as follows: < a) those referred to in lett. b), c), f), g) and i), with a fine from 3,000,000 lei to 6,000,000 lei; b) those referred to in lett. a), d), e), h), j), k) and l), with a fine from 15,000,000 lei to 50,000,000 lei; c) those referred to in lett. k ^ 1), with a fine of 50,000,000 lei to 100,000,000 lei. > > 67 67 ^ 3. Article 151 will read as follows: < (2) Finding the contraventions provided in art. 148 lit. a), b), d), g), i), j) and l) and the application of the corresponding fines shall be made by the authorized staff of the CNPAS and the territorial pension houses designated by decision of the President of the CNPAS. (3) By withholding a quota of 15% of the amount of fines imposed and collected, a fund for granting incentives to the categories of personnel provided in par. ((1) and (2). > > " 39. Article I, after point 67 ^ 3, insert point 67 ^ 4 with the following contents: "" 67 ^ 4. Paragraph 4 of Article 160 shall read as follows: < < (4) Persons to whom, until the date of entry into force of this law, have not been calculated their useful time on the basis Law no. 80/1992, republished, as amended, will be able to request the territorial pension houses to establish the useful time. > > " 40. Article I, after paragraph 69, insert paragraph 69 ^ 1 with the following contents: "" 69 ^ 1. Article 164 will read as follows: < a) gross salaries, until July 1, 1977; b) net salaries, from 1 July 1977 to 1 January 1991; c) gross salaries, as of January 1, 1991. (2) When determining the annual scores, in addition to the salaries provided in par. (1) the bonuses that were part of the pension calculation basis according to the previous legislation and which are registered in the work card are also considered. (3) When determining the annual scores, in addition to the salaries provided in par. (1) are also considered permanent bonuses, which, after April 1, 1992, were part of the pension calculation basis according to the previous legislation and which are registered in the work card or are proven with certificates. issued by units, according to the legislation in force The old age which is used in determining the annual scores shall be as follows: a) period 1 March 1970-1 September 1983: 3 3% for a total length of work between 5-10 years; 5 5% for a total working age between 10-15 years; 7 7% for a total working age between 15-20 years; 10 10% for a total work of more than 20 years; b) period 1 September 1983-1 April 1992: 3 3% for a total length of work between 3-5 years; 6 6% for a total length of work between 5-10 years; 9 9% for a total working age between 10-15 years; 12 12% for a total working age between 15-20 years; 15% for a seniority in total work over 20 years. (4) For the period after 1 April 1992, the old age used in determining the annual scores shall be that recorded in the work card. (5) The average and minimum annual salaries on economy, gross or net, as the case may be, until the entry into force of this Law are presented in Annexes no. 6 6 and 7. (6) For the periods prior to 1938, as well as for the period between 1939-1946 inclusive, the average annual salary corresponding to 1938 is used at the establishment of the average annual score. (7) For the periods prior to 1949, the minimum wage corresponding to 1949 will be used. (8) The provisions of par. (2)-(7) shall apply, upon request, to persons whose pension rights were established between April 1, 2001 until the date of entry into force of the law approving this emergency ordinance. > > " 41. In Article I, paragraph 71, Articles 167 ^ 1 and 167 ^ 2 shall read as follows: "" Art. 167 167 ^ 1. -(1) In a period of 5 years from the date of entry into force of this law, persons who have carried out activities classified in group I of work, according to previous legislation, may apply for old-age pension with age reduction standard of retirement, according to table no. 4. Table No 4 The contribution period actually achieved, according to the previous legislation, in the Working Group I Reduce the standard retirement ages set out in Annex no. 3 3 (years) (years) (years) (months) 212 425 637 8410 1060 1272 1485 1697 181010 20120 22130 24140 26 and peste150 (2) Low retirement ages according to the provisions of par. ((1) may not be less than 50 years. (3) The provisions of par. (1) shall also apply to insured persons referred to in art. 20, if they are more advantageous than those stipulated in Annexes no. 4 4 and 5. (4) The standard retirement ages from which the reduction provided for in Table no. 4 are those corresponding to the year, namely the month in which the pension right is opened, set out in Annex no. 3, under the conditions of the complete contribution period corresponding to the year, namely the month in which the pension right opens. ((5) Reducing standard retirement ages based on table no. 4 may not be cumulated with the other reductions provided by this law or by the special laws. Art. 167 ^ 2. -(1) During the period of the instalment of the standard retirement ages and the contribution periods provided for in Annex no. 3, the application for retirement for the age limit, early pension or partial early pension, together with the supporting documents, shall be submitted by the applicant, within 90 days from the date of fulfilment of the retirement conditions, at the house the territorial pension in whose radius the domicile is located. (2) In the case of persons provided in art. 5 5 para. ((1) pt. I, II, III and IV, the application for retirement, together with the supporting documents, shall be submitted by the employer or by the institution making the payment of unemployment rights, as the case may be, within 90 days from the date of fulfilment of the retirement conditions, at the territorial pension house in whose radius the insured's home is located. (3) The pension rights shall be granted and paid under the conditions provided in art. 83, in relation to the term provided in par. ((1) and (2). ' 42. in Article I, after paragraph 73, insert paragraph 73 ^ 1 with the following contents: "" 73 ^ 1. Paragraphs 3, 4 and 5 of Article 174 shall read as follows: < < (3) The rest houses and spa treatment of the peasants, provided in par. ((2) lit. b), is organized as a commercial company with single shareholder CNPAS. The units in the territory will operate as branches that will be called spa treatment and work capacity recovery units. The constitutive act of this company is approved by Government decision. (4) The CNPAS and the territorial pension houses have the obligation and the right to claim the immovable property that belonged to social insurance, those built or purchased from funds allocated from the state social insurance budget and which were past the property of the state or other legal persons, as follows: a) CNPAS considers itself the rightful successor at the Central House of Social Security; b) the buildings that belonged to social insurance, owned by the state, will be transmitted in the property or in the administration of the CNPAS, by Government decision; c) the actions in claim for the reintegration of the patrimony can be made both by the CNPAS and by the territorial pension houses in whose radius are the goods and heritage elements to be claimed; d) all steps taken so far (notifications, injunctions) by the CNPAS and territorial pension houses are considered legal and correctly drawn up and are valid before the competent courts according to the law to settle those causes. (5) The rest and treatment houses of the peasants, organized under the conditions of par. ((3), shall comply with the applicable law on the destination of profit. > > " 43. Article I, after point 73 ^ 1, insert point 73 ^ 2 with the following contents: "" 73 ^ 2. Article 178 shall be repealed. ' 44. In Article I, paragraph 74, Article 180 shall read as follows: "" Art. 180. --(1) On the date of entry into force of this law state social insurance pensions, supplementary pensions, social insurance pensions for farmers, established on the basis of the previous legislation, as well as the social aids established according to pension legislation becomes pensions within the meaning of this law. (2) The CNPAS will take the necessary measures so that on the date of entry into force of this law, it will determine the average annual score of each pensioner, by reporting the amount of pensions due under the previous legislation, on the pension categories provided in art. 40, from which the contribution for health insurance, due according to the law, to the value of a pension point, established under the conditions of art. 80. (3) State social insurance pensioners whose rights established between January 1, 1998 and March 31, 2001 are higher than an estimated average score for persons who will retire under the terms of this law, in addition to the score annual average determined according to paragraph ((2), they are also assigned this estimated average score, which is envisaged in indexation and recoreling operations. (4) The estimated average score, provided in par. (3), shall be calculated by the CNPAS. (5) The average annual score and the estimated average score can be corrected accordingly to the annealing provided in art. 168 168 para. ((3)-(5). (6) The amount of pensions is established on the basis of art. 76 76, taking into account the average annual score or the estimated average score, as the case may be, established according to par. ((2), (3) and (5). (7) If the amount of pensions, established according to par. ((6), it is lower than that established under the previous legislation, the advantageous amount shall be kept in payment. " 45. In Article I, point 75 is inserted after point 75 (1) with the following contents: "" 75 ^ 1. Article 181 shall be repealed. ' 46. in Article I, paragraph 78 is inserted after point 78 ^ 1 with the following contents: "" 78 ^ 1. Paragraph 4 of Article 187 shall read as follows: < < (4) The amounts paid unearned through the territorial pension houses shall be recovered from the beneficiaries on the basis of the decision of the respective house, which constitutes an enforceable title. The amounts left unrecovered from the deceased beneficiaries are no longer pursued. > > " 47. In Article I, paragraph 79, paragraphs 1 and 3 of Article 193 shall read as follows: "" Art. 193. -(1) When carrying out any operations that are not related to the establishment and payment of pensions and other social security rights by the CNPAS and the territorial pension houses, tariffs or commissions of up to 3% shall be charged, applied on the total amount subject to the financial operation. Operations for which tariffs are paid or fees are charged, as well as their level shall be determined by decision of the President of the CNPAS. ............................................................. ((3) The amounts resulting from the application of the provisions of par. ((1) and (2) constitute extra-budgetary income of the state social insurance budget, on their non-profit tax. " 48. Article I, after point 79, insert point 79 ^ 1 with the following contents: "" 79 ^ 1. Article 194 will read as follows: < (2) In the situation referred to in par. (1) social security benefits in the public system shall be established only for the contribution period made in this system. (3) Periods assimilated to the contribution period, provided in art. 38 38 para. ((1) lit. b) and c), which also constitute seniority in work or service in the system of military pensions and in the other non-integrated social insurance systems, shall be taken into account, optionally, in one of the systems. (4) The settlement between the public system and the other non-integrated social insurance systems shall cease from the date of entry into force of the law approving this emergency ordinance. (5) In the situations provided in par. (4) provisions of art. 180 will apply only for the amount of pensions established on the basis of seniority in the work carried out in the state social insurance sector. > > " This law was adopted by the Senate at the meeting of 18 April 2002, in compliance with the provisions of art. 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at the meeting of May 9, 2002, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC ---------------