Advanced Search

Law No. 132 Of 4 July 2008 Amending And Supplementing Law No. 142/1999 Concerning State Support For The Salaries Of The Clergy

Original Language Title:  LEGE nr. 132 din 4 iulie 2008 pentru modificarea şi completarea Legii nr. 142/1999 privind sprijinul statului pentru salarizarea clerului

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 132 132 of 4 July 2008 to amend and supplement Law no. 142/1999 on State support for the pay of the clergy
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 522 522 of 10 July 2008



The Romanian Parliament adopts this law + Article I Law no. 142/1999 on the support of the state for the salary of the clergy, published in the Official Gazette of Romania, Part I, no. 361 of 29 July 1999, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 1, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 1. -(1) The Romanian state supports cults, recognized according to Law no. 489/2006 on religious freedom and the general regime of cults, at their request, for the salarization of clerical staff. ........................................................................ (3) The number of posts of clerical staff for which the state supports the payroll by allocating a fund from the state budget shall be distributed annually by the Ministry of Culture and Religious Affairs, based on the proposals of the central cult units of the cults recognized, in relation to the number of believers, according to the last census, with the real needs and with the fund allocated for this purpose. " 2. Article 2 is amended and shall read as follows: "" Art. 2. -(1) The support of the state for the salary of clerical personnel operating in the country, within the Romanian cults, recognized according to the law, shall be established as follows: a) the staff in the management of the cults assimilated to the one assigned to public dignity functions benefit from a monthly allowance provided in Annex no. 1. The monthly allowance is the only form of remuneration for the respective staff and represents the basis of calculation for the establishment of rights and obligations, which are determined in relation to the salary income; b) staff in the management of the cults, other than the one referred to in a), receive monthly support to pay, according to the functions they occupy, provided in Annex no. 2 2; c) the clerical staff operating in the cult units receive monthly support to pay, according to the level of studies and professional degree obtained, provided in Annex no. 3. (2) The number of posts for clerical staff may be increased annually by the state budget law. (3) The amount of monthly support granted to clerical staff, provided for in Annexes no. 1-3, can be increased by normative acts on salary increases that are granted to contract staff in budget units. (4) The allowances and the amount of monthly support to the payroll allocated from the state budget, provided in par. ((1), are in gross amount and are taxable, according to the law. " 3. After Article 2, a new article is inserted, Article 2 ^ 1, with the following contents: "" Art. 2 2 ^ 1. -(1) The clerical staff operating in low-income cult units, in rural areas, can benefit from an additional monthly support of 25% compared to the monthly support established according to art. 2 2 para. ((1) lit. c). (2) The criteria under which cult units are considered as low-income, according to par. ((1), shall be established by the methodological norms for the application of this law. (3) clerical staff may benefit from the provisions of par. ((1) 30% of the total clerical posts set out in Annex no. 3, for which support is allocated to payroll from the state budget. (4) The number of posts established according to par. (3) will be assigned to cults, in relation to the number of believers, according to the last census, and to real needs. (5) Central places of worship, based on the number of posts communicated annually, transmit to the Ministry of Culture and Religious proposals motivated by the nomination of cult units for whose clerical staff a support is desired additional monthly and meeting the conditions and criteria provided in par. ((1) and (2). (6) The lists of cult units whose clerical staff receive additional monthly support under the conditions of par. (1), as well as their modification shall be established at the proposal of the central units of worship and shall be approved annually by order of the Minister of Culture and Religious (7) Do not benefit from the provisions of para. (1) clerical staff from cult units who earn income from the rental, lease and concession of properties. " 4. Article 3 is amended and shall read as follows: "" Art. 3. -Conditions of employment of professional degrees of clerical staff provided for in art. 2 2 para. ((1) lit. c) is approved by the Ministry of Culture and Religious Affairs, on the proposal of recognized cults. " 5. Article 4 is amended and shall read as follows: "" Art. 4. -From the state budget it is ensured, through the budget of the Ministry of Culture and Religious Affairs, only the rights established under the conditions provided in art. 2 and 2 ^ 1, including contributions to state social insurance, health insurance, unemployment insurance, as well as other mandatory contributions provided by law for the employer. " 6. In Article 5, paragraphs 1 to 3 shall be amended and shall read as follows: "" Art. 5. -(1) For the support of Romanian religious settlements outside the borders, which carry out special activities in order to maintain the linguistic, cultural and religious identity of Romanians outside the borders, it is allocated from the budget of state, through the central unit of worship in Romania, an amount representing the equivalent in lei of 200,000 euros monthly. (2) The amount provided in par. (1) is allocated to the central units of recognized cults, through the budget of the Ministry of Culture and Religious Affairs (3) Destinations of the amount provided in par. (1) shall be established by the central units of the recognised cults, together with the heads of the cult units outside the borders, the amount to be used to supplement the salaries of the clerical staff of those units, including for the payment of the contributions provided by law to state social insurance, to health insurance, to unemployment insurance, as well as to other mandatory contributions provided by law for the employer. The obligation to justify the use of this amount lies with the central cult unit in Romania, by presenting at the Ministry of Culture and Religious Affairs the documents provided by the legal norms in force. " 7. Article 9 is amended and shall read as follows: "" Art. 9. -The way of using the funds allocated from the state budget, according to this law, is subject to the control of the Ministry of Culture and Religious Affairs and other bodies empowered by law. " 8. Article 10 is amended and shall read as follows: "" Art. 10. -Annexes no. 1-3 are an integral part of this law. " 9. Annexes no. 1A.a), 1A.b), 1B.a), 1B.b), 2a) and 2b) become annexes no. 1-3, with the following contents: "" ANNEX No 1 ALLOWANCES staff of recognised cults and of the central units of worship, assimilated to the one framed on public dignity functions No. Crt. Function Maximum number of posts Monthly allowance-lei-1. Patriarch of the Romanian Orthodox Church 1 8.357 2. Major Archbishop, Metropolitan Church and Roman Catholic Church 11 7.698 3. Archbishop, head of worship (metropolitan, bishop, mufti, chief rabbi, union president, president) 16 7,244 4. Bishop, bishop-patriarchal vicar 39 6.629 5. Bishop-vicar, bishop cohelper, auxiliary bishop, archereu-vicar 24 6.342 ANNEX No 2 AMOUNT monthly support to staff pay from the management of cults and cult units, other than that assimilated to public dignity functions No. Crt. Function Maximum number of posts The amount of monthly support-lei-1. Union Vice President, patriarchal administrative vicar, vicar general, general secretary, patriarchal counselor, first rabbi 46 1,883 2. Patriarchal secretary, church inspector general, diocesan administrative vicar, episcopal vicar 41 1.635 3. Secretary of the Patriarchal Chancellery, diocesan advisor, diocesan secretary, diocesan inspector, exarch, protopop 715 1.134 4. Abbot, superior, egumen 466 853 ANNEX No 3 AMOUNT monthly support at the salary of clerical staff employed in recognised cults establishments No. Crt. The amount of monthly support-lei-Priest, deacon, pastor, herald, imam, rabbi, cantor, officiant of worship 15.237 1. With higher education:-Grade I-Grade II-definitive-debutant 10.957 3.018 3.238 2.440 2.261 843 710 663 634 2. With average studies:-grade I-grade II-definitive-debutant 4.280 663 783 1.690 1.144 618 615 612 586 " + Article II Within 60 days of the entry into force of this law, the Ministry of Culture and Religious Affairs, following consultation with religious cults, will submit to the approval, by Government decision, the amendment and completion of the Methodological Norms for the application of provisions Law no. 142/1999 on state support for clergy pay, approved by Government Decision no. 1.070/1999 , published in the Official Gazette of Romania, Part I, no. 655 655 of 31 December 1999. + Article III Law no. 142/1999 on the support of the state for the salary of the clergy, published in the Official Gazette of Romania, Part I, no. 361 of July 29, 1999, with subsequent amendments and completions, as well as with those 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. PRESIDENT CHAMBER OF DEPUTIES BOGDAN OLTEANU p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, July 4, 2008. No. 132. ---------