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Law No. 8 Of 11 January 2006

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

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LEGE no. 8 8 of 11 January 2006 (* updated *) on the establishment of the allowance for pensioners of the public pension system, members of unions of legally constituted creators and recognized as legal persons of public utility ((updated until 7 May 2016 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Article 1 (1) The present law regulates the right to a monthly allowance for the benefit of pensioners of the public pension system, who are members of unions of legally constituted creators, recognized as legal persons of public utility. --------- Alin. ((1) of art. 1 1 has been amended by art. unique from LAW no. 4 4 of 9 January 2007 , published in MONITORUL OFFICIAL no. 28 28 of 16 January 2007. (1 ^ 1) Within the meaning of the law, through unions of legal creators constituted and recognized as legal entities of public utility, the Romanian legal entities of private law, without patrimonial purpose, from fields such as that of musical creation, are understood, interpretative, cinematographic, literary, architectural, theatrical, journalistic and fine arts, which are recognized as being of public utility. ---------- Alin. ((1 ^ 1) of art. 1 1 has been introduced by section 1 1 of art. I of LAW no. 83 83 of 29 April 2016 published in MONITORUL OFFICIAL no. 341 341 of 4 May 2016. (2) The amount of the allowance represents the equivalent of 50% of the pension due to the holder or, as the case may be, in payment at the time of the request, but cannot exceed two gross minimum basic salaries per country, guaranteed in payment. ---------- Alin. ((2) of art. 1 1 has been amended by art. unique from LAW no. 4 4 of 9 January 2007 , published in MONITORUL OFFICIAL no. 28 28 of 16 January 2007. (2 ^ 1) The amount of the allowance is amended whenever the holder's pension changes, as a result of the change in the value of the pension point. ---------- Alin. ((2 ^ 1) art. 1 1 was amended by the single article of LAW no. 120 120 of 27 May 2008 , published in MONITORUL OFFICIAL no. 413 413 of 2 June 2008. (3) The allowance shall not be granted to the persons referred to in par. ((1) benefiting from the allowance granted according to Law no. 118/2002 for the establishment of the merit allowance, as amended. + Article 2 Benefit from the provisions of this law persons who have the status of member of the unions of creators provided in art. 1 1 para. (1), according to their statutes. + Article 3 (1) The management of each of the unions referred to in art. 1 1 para. (1) will attest to the membership, at the request of interested persons. The leadership of the union of creators shall have full responsibility for the correctness and accuracy of the data recorded in the proof of membership. (2) The released proof may be challenged accordingly Law of Administrative Litigation no. 554/2004 . (3) The heads of the unions of legally constituted creators and recognized as legal persons of public utility, according to the law, will establish a special record on persons who have been issued evidence to attest to the membership in the purpose of the benefit of the allowance. + Article 4 The establishment and payment of the monthly allowance shall be made by the territorial pension house in whose radius the applicant has his domicile or residence. + Article 5 (1) The monthly allowance provided for by this law shall be granted, upon request, from the month following that in which the application to the territorial pension house was submitted. (2) The application will be accompanied by the identity document, the retirement decision or, as the case may be, the post office coupon or the current account slip, proof of the membership of the unions of legally constituted creators and recognized as legal entities of utility public, a self-declaration that it is not a beneficiary of the provisions Law no. 118/2002 , as well as other documents necessary to support the application. ((. The payment shall be made on the basis of the decision of the competent territorial pension house. (4) The decision referred to in paragraph ((3) may be challenged by the applicant, under the conditions Law no. 554/2004 . + Article 6 The payment of the allowance shall cease from the month following that in which the beneficiary died or in case of loss of membership, on the basis of the communication made in this regard by the management of the legal person provided in 1 1 para. ((1). + Article 7 (1) The amounts collected unearned as an indemnity shall be recovered from the beneficiary, under the law. (2) If the amounts paid uncuincome as an allowance cannot be recovered from the beneficiary, they will be recovered, under the law, from the persons guilty of the non-right disposition of payment. + Article 8 The funds necessary to pay the rights provided by this law, the administrative expenses, as well as those of transmission of 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 the establishment, suspension, termination, payment of pensions, legal liability and jurisdiction in the field of pensions in the public pension system and other social security rights shall also apply accordingly established under the present law. + Article 9 ^ 1 (1) The provisions of this Law shall also apply accordingly to the pensioners of the state military pension system and other social security rights in the field of national defence, public order and national security, regardless of the date enrolment in retirement, if they meet the conditions provided by this law (2) In the situation of persons provided in par. ((1), the amount of the allowance is amended whenever the holder's pension is changed, as a result of indexes/updating. (3) The provisions relating to the establishment, suspension, termination, payment of pensions, legal liability and jurisdiction in the field of pensions in the state military pension system and other social security rights in the field of national defence, the national public order and security shall also apply accordingly to the allowance set out in paragraph 1. ((1). (4) In the situation of persons provided in par. (1), the funds necessary to pay the rights provided by this law, the administrative expenses, as well as those for the transmission of rights shall be ensured from the state budget, through the budget of the Ministry of National Defence, or the Romanian Intelligence Service, as the case may be. (5) In the situation of persons provided in par. (1), the powers of the National House of Public Pensions and of the territorial pension houses, established by this law, are fulfilled or exercised, as the case may be, by the sectoral pension houses operating under the Ministry of Defense National, Ministry of Internal Affairs and Romanian Intelligence Service. ---------- Article 9 ^ 1 has been introduced by item 1. 2 2 of art. I of LAW no. 83 83 of 29 April 2016 published in MONITORUL OFFICIAL no. 341 341 of 4 May 2016. + Article 10 (1) Within 90 days from the publication of the present law in the Official Gazette of Romania, Part I, the management of the legal entities provided in art. 1 1 para. (1) will transmit to the National Pension House and Other Social Insurance Rights the complete situation of members with the status of pensioner of the public system. (2) At the same time the Ministry of Labour, Social Solidarity and Family will develop methodological norms for the application of this law, which is approved by Government decision. + Article 11 This Law shall enter into force on 1 January 2007, with the exception of the provisions of art. 10. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished.
p. CHAMBER OF DEPUTIES PRESIDENT,
DANIELA POPA
SENATE PRESIDENT
NICOLAE VACAROIU Bucharest, January 11, 2006. No. 8. -----