Law No. 8 Of 11 January 2006

Original Language Title:  LEGE nr. 8 din 11 ianuarie 2006

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Law No. 8 of 11 January 2006 (* updated *) setting compensation for the public pension system retirees, members of legally constituted unions of creators and recognized as legal persons of public utility (updated until May 7, 2016 *) ISSUER-PARLIAMENT------Parliament adopts this law.


Article 1 (1) this Act regulates the right to a monthly allowance for the benefit of the public pension system retirees, who are members of legally constituted unions of creators, recognized as legal persons of public utility.
  

— — — — — — — —-. (1) of article 1. 1 was modified by art. in accordance with law No. 4 of 9 January 2007, published in MONITORUL OFICIAL nr. 28 of 16 January 2007.
(1 ^ 1) Within the meaning of the law, by legally constituted Union of creators and recognized as a legal person under public interest means the Romanian legal entities governed by private law, without patrimonial purpose, in areas such as that of musical creation, performing, literary, cinematographic, theatre, journalism, and the arts, which are recognised as being of public utility.
— — — — — — — — —-. (1 ^ 1), art. 1 was introduced by section 1 of article. 1 of law No. 83 of 29 April 2016, published in MONITORUL OFICIAL nr. 341 from May 4, 2016.

(2) the amount of the allowance represents the equivalent of 50% of the pension due to the holder or, where appropriate, in payment from the date of the request, but may not exceed two minimum gross basic salary per country, guaranteed payment.
  

— — — — — — — — —-. (2) of article 9. 1 was modified by art. in accordance with law No. 4 of 9 January 2007, published in MONITORUL OFICIAL nr. 28 of 16 January 2007.
(2 ^ 1) The amount of the allowance shall be adjusted whenever the pension holder is changed as a result of changes in the value of the pension point.
— — — — — — — — —-. (2 ^ 1), art. 1 was amended by article in law No. 120 of 27 May 2008, published in MONITORUL OFICIAL nr. 413 of 2 June 2008.

(3) the allowance shall not be granted to persons referred to in paragraph 1. (1) receipt of the allowance granted according to the law. 118/2002 for the establishment of merit compensation, with further amendments.
  


Article 2 shall be granted by the provisions of this law persons who have membership of the unions of creators. 1 (1). (1) according to their statutes.


Article 3 (1) the leadership of each of the unions. 1 (1). (1) membership shall, at the request of the person concerned. The leadership of the Union of creators it is incumbent upon the entire responsibility on the correctness and accuracy of the data recorded in the proof of membership.
  

(2) evidence may be released according to the law on administrative courts no. 554/2004.
  

(3) management of legally established unions of creators and recognized as a legal person under public law, will establish a special register concerning the persons to whom they have been issued to certify the quality of evidence of membership in order to qualify for compensation.
  


Article 4 establishment and payment of monthly allowance is carried out by territorial House of pensions in the applicant is domiciled or resident.


Article 5 (1) monthly Allowance provided for by the present law shall be provided, upon request, starting with the month following the month in which the application was lodged to the territorial House of pensions.
  

(2) the application shall be accompanied by the identity card, the decision of the pension or, where appropriate, the coupon postal current account slip times, membership of unions legally established creators and recognized as legal persons in the public interest, a statement on oath that he is not a beneficiary of the provisions of law No. 118/2002, as well as other documents required in support of the application.
  

(3) the payment is made in accordance with a decision of the territorial House of pensions.
  

(4) the decision referred to in paragraph 1. (3) may be challenged by the applicant, in accordance with the law No. 554/2004.
  


Article 6 payment of compensation shall be terminated as of the month following the month in which the beneficiary died or in case of loss of membership, on the basis of the communication made by the leadership of the legal person referred to in art. 1 (1). 1. Article 7 (1) amounts received by way of the compensation unduly shall be recovered from the beneficiary, in accordance with the law.
  

(2) where the sums wrongly paid as allowance cannot be recovered from the beneficiary, they shall be recovered in accordance with the law, persons of the arrangement without payment.
  


Article 8 payment of funds referred to in this law, rights, administrative expenses, and those of transmission rights shall be ensured from the State budget through the budget of the Ministry of labour, social solidarity and family.


Article 9 the provisions relating to establishment, suspension, termination, payment of pensions, legal liability and jurisdiction in the field of pensions from the public pension system and other social insurance rights is applied properly and compensation determined under the present law.


Article 9 ^ 1 (1) the provisions of this law are applied properly and military pensioners the pensions system and other social insurance rights in the field of national defence, public order and national security, regardless of the date on which the pension, if they fulfil the conditions laid down in this law.
  

(2) In the situation of the persons listed in paragraph 1. (1) the amount of the allowance shall be adjusted whenever the pension holder is changed as a result of indexation/upgrade.
  

(3) the provisions concerning the establishment, suspension, termination, payment of pensions, legal liability and jurisdiction in the field of military pensions, pensions and other social insurance rights in the field of national defence, public order and national security is applied properly and compensation determined according to paragraph 1. (1) and (4) in the case of the persons referred to in paragraph (1) the funds necessary for the payment to the rights provided for in this law, administrative expenses, and those of transmission rights shall be ensured from the State budget through the budget of the Ministry of national defence, Ministry of internal affairs or of the Romanian Intelligence Service, as appropriate.
  

(5) in the case of the persons referred to in paragraph (1) the duties of the National House of Pensions and pension houses territorial laid down by this law, shall be carried out or exercised, where appropriate, by the sectoral pension funds operating in the Ministry of national defense, the Ministry of Internal Affairs and the Romanian Intelligence Service.
  

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Art. 9 ^ 1 was introduced by section 2 of art. 1 of law No. 83 of 29 April 2016, published in MONITORUL OFICIAL nr. 341 from May 4, 2016.


Article 10 (1) within 90 days of the publication of this law in the Official Gazette of Romania, part I, the management of legal persons referred to in art. 1 (1). (1) will be transmitted to the National House of pensions and Other social insurance Rights situation full of retired members of the public.
  

(2) in the same period the Ministry of labour, social solidarity and family will work out detailed rules for the application of this law, which shall be approved by decision of the Government.
  


Article 11 the present law shall enter into force on 1 January 2007, except as provided in art. 10. This law was adopted in the Romanian Parliament, in compliance with the provisions of art. 75 and of art. 76 para. (2) of the Constitution of Romania, republished.

p. PRESIDENT CHAMBER of DEPUTIES SENATE DANIELA POPA NICOLAE VĂCĂROIU Bucharest, January 11, 2006.
No. 8.
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