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Law No. 71 Of 8 April 2008 Amending And Supplementing Law No. 16/2000 On The Establishment, Organization And Functioning Of The National Council For The Elderly

Original Language Title:  LEGE nr. 71 din 8 aprilie 2008 pentru modificarea şi completarea Legii nr. 16/2000 privind înfiinţarea, organizarea şi funcţionarea Consiliului Naţional al Persoanelor Vârstnice

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LEGE no. 71 71 of 8 April 2008 to amend and supplement Law no. 16/2000 on the establishment, organization and functioning of the National Council of Elderly
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 282 282 of 10 April 2008



The Romanian Parliament adopts this law + Article I Law no. 16/2000 on the establishment, organization and functioning of the National Council of Elderly People, republished in the Official Gazette of Romania, Part I, no. 191 of 20 March 2007, shall be amended and supplemented as follows: 1. In Article 4, point d) is amended and shall read as follows: " d) formulate research topics and contract the elaboration of sociological studies on the life of elderly people with specialized institutions and units in the field, carry out own analyses and develop views on improving the standard of living of the elderly; ". 2. in Article 4, point g) shall be repealed. 3. In Article 4, after letter h), three new letters, letters i)-k are inserted, with the following contents: "" i) participate, as a representative of civil society on older persons, in working groups, councils and committees organised at national, local and in ministries, agencies and institutions assimilated to them, along with other social and government partners, who analyze and propose measures aimed at improving the living standards of older people; j) informs the President of Romania, the Prime Minister, the heads of the central public administration bodies with attributions in the field of social protection, prefects and mayors in relation to issues regarding the risks and crisis situation in who find themselves some elderly people; k) maintains permanent relations with media representatives, to inform the population about the issue of elderly people. " 4. in Article 5, points a)-c) are amended and shall read as follows: " a) the presidents of the county councils of the elderly and the sectors of Bucharest; b) the chairpersons or vice-presidents of the representative central organizations of pensioners whose health status allows them to participate permanently in the established actions; c) one representative, at the level of secretary of state, of the Ministry of Labour, Family and Equal Opportunities, of the Ministry of Public Health, of the Ministry of Economy and Finance, of the Ministry of Interior and Administrative Reform, of Ministry of Culture and Religious Affairs, National Institute of Statistics, National Authority for Persons with Disabilities, National Health Insurance House and National Pension House and Other Social Insurance Rights, designated the management of that public authority. ' 5. Article 6 is amended and shall read as follows: "" Art. 6. -(1) The National Council of Elderly has a president and 2 vice-presidents. (2) The President and vice-presidents of the National Council of Elderly shall be designated for a period of 4 years, among the members referred to in art. 5 lit. b), without the possibility of renewing the term of office of the President, respectively of 6. In Article 7, after letter c) a new letter, letter d) is inserted, with the following contents: "" d) do not have health conditions which could hinder participation in organised actions. " 7. Article 9 is amended and shall read as follows: "" Art. 9. -The term of office of the members of the National Council of Elderly is 4 years. The term of office of members may be renewed, in compliance with the conditions 7 7. " 8. After Article 12, a new article is inserted, Article 12 ^ 1, with the following contents: "" Art. 12 12 ^ 1. -The members of the permanent commission of the National Council of Elderly persons shall be designated among the persons referred to in 5 lit. b) and c), so that the representative central organizations of pensioners must have a representative each. " 9. In Article 13, paragraph 1 shall be amended and shall read as follows: "" Art. 13. -(1) By the organization and functioning regulations, in the structure of the National Council of Elderly Persons may be established and specialized commissions may work for the analysis and initiation of proposals, in order to solve the problems What concerns older people. " 10. Article 16 is amended and shall read as follows: "" Art. 16. -The plenary provides the general leadership of the National Council of Elderly Persons and has the following main tasks: a) elect the President and the 2 Vice-Presidents, under the conditions provided in art. 6 6 para. ((2); b) elect members of the standing committee c) approve the composition of the specialized commissions; d) approves the Regulation on organization and functioning of the National Council of Elderly; e) approve the annual revenue and expenditure budget for its own activity, as well as the report on budget implementation; f) approves the annual report on the work carried out by its members g) approve the action plan for the following period. " 11. Article 17 is amended and shall read as follows: "" Art. 17. -(1) In the exercise of his duties the plenary shall adopt decisions with the vote of the majority ((. The plenary sessions may take place only in the presence of at least two thirds of the number of its members. ((. The members of the plenum and the standing committee shall not delegate the vote. " 12. Article 18 is amended and shall read as follows: "" Art. 18. -(1) The permanent commission of the National Council of Elderly is made up of the president, 2 vice presidents and 10 members. The president of the National Council of Elderly is also the chairman of the standing committee (2) The permanent commission shall ensure the management of the National Council of Elderly in the interval between the plenary sittings and shall adopt decisions with the vote of at least two thirds of its members, and shall be subsequently ratified by the to the plenary. (. The standing committee shall meet in working meetings at least once a month and shall have the following main tasks: a) bring to fruition the decisions adopted by the National Council of Elderly; b) adopt decisions between the plenary sessions, in the presence of the President and at least 8 members; c) solve the current problems between plenary sessions; d) prepare the plenary sessions in good conditions; e) approves the state of functions and the organizational structure of the technical secretariat. (4) The working procedure of the standing committee is established by the Regulation on the organization and functioning of the National Council of Elderly. (5) The President of the National Council of Elderly shall receive a monthly allowance, the amount of which is equal to the average gross salary used to substantiate the state social insurance budget, and the Vice-Presidents shall benefit from a monthly allowance in the amount of 75% of the president's allowance. The members of the standing committee shall receive a monthly allowance, the amount of which shall be 50% of the President's allowance. " 13. Article 21 is amended and shall read as follows: "" Art. 21. -(1) The National Council of Elderly, the permanent commission and the specialized committees shall operate with the support of the technical secretariat, consisting of 12 persons, employed in accordance with the provisions of the Law no. 53/2003 -Labor Code, with subsequent amendments and completions. (. The technical secretariat shall be headed by a managing director and shall have a chief accounting officer. (3) Employees of the technical secretariat may not be members of the National Council of Elderly. (4) Salarization of employees of the technical secretariat is carried out at the level provided by the legal provisions for the apparatus of ministries (5) The tasks of the technical secretariat are established in the Regulation of organization and functioning of the National Council of Elderly Persons, and their distribution on the management and execution functions is carried out through the job description. (6) The technical secretariat shall ensure, in particular, the secretarial work for carrying out the work of the plenum, the standing committee and the specialized committees of the National Council of Elderly, as well as those necessary for the actions of relations with the Government, central and local public institutions, prefectures, county and local councils, with representatives of civil society who have powers and concerns in the field of protection of elderly people; the funds available to them, monitor the implementation of the budget the limit of the funds allocated from the state budget. " 14. Article 23 is amended and shall read as follows: "" Art. 23. -(1) At the level of the counties and sectors of the city of Bucharest, a council of elderly persons is established and operates, fulfilling the duties established in its own regulation of organization and functioning. (2) The council of elderly persons provided in par. (1) shall be constituted of all the presidents of the organizations of pensioners and county elderly persons, respectively of the sectors of Bucharest, with legal personality or who are affiliated to one of the representative central organizations of pensioners, a member of the National Council of Elderly. (3) The management of the county councils of the elderly, respectively of the sectors of Bucharest, is provided by a president and a vice president and is carried out through the voluntary contribution of the other members of them. (4) The president, deputy chairman and members of the county councils of the elderly, respectively of the sectors of Bucharest, shall be elected for a period of 2 years, with the fulfilment of the conditions provided in 7. (5) The chairpersons of the county councils of the elderly, respectively of the sectors of Bucharest, benefit, quarterly, from an allowance at the level of the minimum gross basic salary per country guaranteed in payment, and the vice-presidents, of a quarterly allowance in the amount of 75% of it. ' 15. Article 24 is amended and shall read as follows: "" Art. 24. -(1) For the central settlement of the issues of elderly persons, within the specialized apparatus of the Ministry of Labour, Family and Equal Opportunities will be designated persons who will ensure the permanent collaboration with the Council National of the Elderly. (2) For the local settlement of the issues of elderly persons, within each direction of work and county social protection, respectively of the city of Bucharest, is designated the person who ensures the permanent collaboration with the councils county of elderly people, respectively of the sectors of Bucharest. " 16. Article 26 is amended and shall read as follows: "" Art. 26. -(1) The financing of current and capital expenditures of the National Council of Elderly Persons and of the county councils of elderly persons, respectively of the sectors of Bucharest, shall be provided from donations, sponsorships, other nonprofit activities, carried out under the law, as well as from transfers from the state budget that are provided in the budget of the Ministry of Labor, Family and Equal Opportunities. (2) The funds allocated from the state budget are intended for: a) personnel, materials and capital expenditures for the technical secretariat of the National Council of Elderly; b) payment of allowances to the chairman and vice-presidents of the National Council of Elderly, as well as of the members of the standing committee and of the presidents and vice-presidents of the county councils of the elderly, respectively of sectors of Bucharest; c) transport expenses, daily allowance and accommodation for members of the National Council of Elderly, in the amounts established by the legal provisions; d) material expenses and services for the functioning of the National Council of Elderly Persons, as well as of the permanent commission and of the county councils of the elderly, respectively of the sectors of Bucharest; e) capital expenditures for the endowment of the National Council of Elderly Persons and the county councils of elderly persons, respectively of the sectors of Bucharest. (3) The Ministry of Labor, Family and Equal Opportunities, as the principal authorising officer, shall provide the National Council of Elderly Persons with the funds for the settlement of the expenses provided in par. (2), based on supporting documents, according to the law. In the case of county councils of elderly persons, respectively of the sectors of Bucharest, these documents are elaborated under the methodological coordination of the county labor and social protection departments, respectively of the municipality Bucharest, subordinated to the Ministry of Labour, Family and Equal Opportunities. (4) The president of the National Council of Elderly and the chairmen of the county councils of the elderly, respectively of the sectors of Bucharest, are responsible for spending the amounts allocated from the state budget, according to the destinations regulated in par. ((2). ' 17. in Article 27, a new paragraph (2) is inserted, with the following contents: " (2) For the purposes of this law, the central representative office of pensioners means the organization that cumulatively meets the following conditions: a) has a minimum of 75,000 contributing members; b) has at least 15 branches at the county level and, respectively, of the city of Bucharest; c) constantly carry out actions to help disadvantaged elderly people. " 18. In Article 29, letter b) is amended and shall read as follows: "b) elaborates the draft Regulation on the organization and functioning of the National Council of Elderly;". 19. After Article 30, a new article shall be inserted, Article 31, with the following contents: "" Art. 31. -Upon the expiry of the 4-year mandate of the members of the National Council of Elderly, the technical secretariat takes over the tasks of the training committee provided for in 28, for the establishment of a new council, and it is concerned that, within a period of no more than 3 months, it shall be validated. " 20. Throughout the law, the phrase "county councils of elderly persons, respectively of the city of Bucharest" is replaced by the phrase "county councils of elderly persons, respectively of the sectors of Bucharest". + Article II Within 60 days from the date of publication of the present law in the Official Gazette of Romania, Part I, the plenum of the National Council of Elderly will take the necessary legal measures to amend and adopt the Organization and functioning of the National Council of Elderly in accordance with the provisions of this law. + Article III Law no. 16/2000 on the establishment, organization and functioning of the National Council of Elderly, republished, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. 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. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, April 8, 2008. No. 71. -----