LEGE no. 263 263 of 7 November 2008 (* updated *) on the pension scheme and other social security rights of farmers ((updated until 29 December 2009 *)
ISSUER
PARLIAMENT
--------- *) The initial text was published in the OFFICIAL GAZETTE no. 775 775 of 19 November 2008. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt until December 29, 2009, with the modifications and additions made by EMERGENCY ORDINANCE no. 114 114 of 23 December 2009 . **) NOTE C.T.C.E. S.A. Piatra-Neamt: Under art. 102 102, as amended by section 6.6. 2 2 of art. VI of EMERGENCY ORDINANCE no. 114 114 of 23 December 2009 , published in MONITORUL OFFICIAL no. 919 of 29 December 2009, this law shall enter into force on 1 January 2011, as amended in accordance with the emergency ordinance referred to above. The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 The right of farmers to social insurance is guaranteed by the state and is exercised, under the conditions of this law, through the pension system and other social insurance rights of farmers, hereinafter referred to as the pension system for farmers. + Article 2 The pension scheme for farmers shall be organised and operated on the basis of basic principles: a) the principle of uniqueness, according to which the State organises and guarantees the pension scheme for farmers based on the same rules of law; ... b) the principle of equality, which ensures all participants in the pension system for farmers, taxpayers and beneficiaries, a non-discriminatory treatment regarding the rights and obligations provided by law; ... c) the principle of social solidarity, according to which the participants in the pension system for farmers assume each other obligations and benefit from rights to prevent, limit or eliminate the social risks provided by this law; ... d) the principle of obligation, according to which individuals have, according to the law, the obligation to participate in the pension system for farmers, the social security benefits provided by this law exercising correlative with the fulfillment obligations; ... e) the principle of contribution, according to which the social security funds are constituted on the basis of personal contributions paid by the participating individuals or on their behalf to the pension system for farmers, social security due to the contributions paid; ... f) the principle of mutuality, according to which the state participates together with the participating individuals and on their behalf to the pension system for farmers, with contributions proportional to the individual ones; ... g) the principle of distribution, on the basis of which the realized incomes are redistributed, according to the provisions of this law, to ensure the payment of the obligations of the pension system for farmers ... + Article 3 (1) Within the National Pension House and Other Social Insurance Rights, hereinafter referred to as the CNPAS, the Pension Department is established for farmers, who manage, manage, coordinate and control the work on social security, pensions and other social security rights of farmers. ... (2) At the level of each county pension house and the Pension House of Bucharest Municipality, hereinafter referred to as territorial pension houses, the pension and other social insurance rights for farmers are established. ... + Article 4 (1) In the pension system for farmers are insured, under the conditions of this law, individuals, hereinafter referred to as insured. ... (2) Insurance may be Romanian citizens, citizens of other states or stateless persons, during the period in which they have, according to the law, their domicile or residence on the territory of Romania, in rural areas. ... (3) The insured persons have the obligation to pay contributions to the pension system for farmers and have the right to benefit from social security benefits, in accordance with the provisions of this law. ... + Article 5 (1) The natural persons referred to in art. 4, between the ages of 16 and 63, who live temporarily or permanently in the countryside, as well as their family members and who: ... a) hold, under any title, agricultural land in operation or are owners of forest land, fish farms, animals, beehives; ... b) carry out agricultural activities in their own household, as well as private activities not alarized in the agricultural, forestry, livestock, fish, beekeeping, sericulture and others; ... c) are members of agricultural companies or other forms of association in agriculture. ... (. Persons who shall not be insured in the pension scheme for farmers who: ... a) attend educational courses organized according to the law; ... b) are provided in art. 5 5 para. ((1) and (2) of Law no. 19/2000 on the public pension system and other social security rights, with subsequent amendments and completions, or are insured in other non-integrated pension systems in the public system; ... c) benefit from one of the pension categories granted, according to the law, from the public pension system or other pension systems. ... + Article 6 (1) Persons referred to in art. 5 5 para. ((1) shall be provided in the pension scheme for farmers on the basis of the insurance declaration. ... (2) The insurance declaration provided in par. (1) shall be submitted within 30 days from the date of classification in one or more of the situations referred to in art. 5 5 para. ((1), but no later than December 31 of the current year, for the following year. The insurance declaration shall be submitted to the territorial pension house within the radius of domicile or residence. ... (3) The insurance declaration shall record the monthly contribution unit corresponding to the individual monthly contribution which the person undertakes to pay the following year. ... ((4) The type of individual monthly contribution to which the insured has been ordered to pay by the insurance declaration is the same during the whole year for which the declaration is submitted. ... (5) The insurance declaration is a debt instrument and becomes enforceable on the date on which the budgetary claim is due according to the law. ... + Article 7 (1) In the pension scheme for farmers social security benefits represent replacement income for the total loss of income made from agriculture as a result of old age, disability or death, hereinafter referred to as insured risks. ... (2) Social insurance benefits are granted in the form of pensions, allowances, aid and other types of benefits provided by this law, correlative with the obligations regarding the payment of social insurance contribution. ... + Article 8 (1) It constitutes a contribution period in the pension system for farmers periods in which the persons referred to in art. 5 5 para. (1) paid the individual contribution provided for by this Law. ... (2) The social security rights due in the pension scheme for farmers may be transferred to the countries where the insured persons establish their domicile or residence, under the conditions governed by international agreements and conventions to which the Romania is part. ... (3) Social insurance prestations related to the rights provided in par. ((2) may be transferred to other countries, under the conditions regulated by international agreements and conventions to which Romania is a party, in the currency of the respective countries or in another currency on which it was agreed. ... + Article 9 ((1) The records of social security rights and obligations in the pension system for farmers are carried out on the basis of the personal numerical code. ... (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. ... + Article 10 Within the meaning of this law, the following expressions have the following meanings: a) the monthly contribution unit shall be a constant corresponding to an individual monthly contribution, in the fixed amount, as follows: ... -UC 1-corresponding to a contribution of 10 lei; -UC 2-corresponding to a contribution of 20 lei; -UC 3-corresponding to a contribution of 30 lei; -UC 4-corresponding to a contribution of 40 lei; -UC 5-corresponding to a contribution of 50 lei; b) the mutual monthly contribution unit is a constant corresponding to the individual monthly contributions referred to in lett. a) and a monthly contribution incurred from the state budget on behalf of the insured. ... The mutual monthly contribution units are of 5 types, as follows: -Uc (m1)-corresponding to a mutual contribution of 30 lei; -Uc (m2)-corresponding to a mutual contribution of 60 lei; -Uc (m3)-corresponding to a mutual contribution of 90 lei; -Uc (m4)-corresponding to a mutual contribution of 120 lei; -Uc (m5)-corresponding to a mutual contribution of 150 lei; c) the annual contribution unit shall be a constant corresponding to a mutual contribution for one year and 12 months respectively, as follows: ... -Uc (a1) = 360, corresponding to a mutual contribution of 30 lei; -Uc (a2) = 1.5 Uc (a1) = 540, corresponding to a mutual contribution of 60 lei; -Uc (a3) = 2 UC (a1) = 720, corresponding to a mutual contribution of 90 lei; -Uc (a4) = 2,5 UC (a1) = 900, corresponding to a mutual contribution of 120 lei; -Uc (a5) = 3 UC (a1) = 1.080, corresponding to a mutual contribution of 150 lei; d) the contribution units-Uc-represents the ratio between the amount of the annual contribution units made by the insured during the entire contribution period and the full contribution period required, respectively 30 years; ... e) the number of contribution units, made during the entire contribution period, calculated according to lit. d), is the basis of calculation for the establishment of pension pension scheme for farmers; ... f) the value of a contribution unit is established annually by the state social insurance budget law. ... + Chapter II Pensions budget for farmers + Article 11 (1) The pension budget for farmers includes the incomes and expenses of the pension system for farmers. ... (2) The Ministry of Labour, Family and Equal Opportunities shall base annually, on the basis of the CNPAS proposals, the draft pension budget for farmers. ... (3) The pension budget for farmers is approved by the state social insurance budget law. ... (4) If the state social insurance budget law was not adopted at least 3 days before the expiry of the budget year, until the adoption of the new budget, the provisions of the pension budget for farmers the previous year. ... + Article 12 The income of the pension budget for farmers comes from individual social insurance contributions of insured persons, contributions of the state paid on behalf of insured persons, interest, as well as other income, according to the law. + Article 13 The expenses of the pension budget for farmers cover the value of social insurance benefits for farmers established in accordance with the provisions of this law, the expenses on the organization and functioning of the pension system for farmers, the financing of own investments, as well as other expenses provided by law. + Article 14 (1) The annual accounts of the pension budget for farmers may be used in the following year, according to the destinations approved by law, after the return of transfers received from the state budget. ... (2) The current deficit of the pension budget for farmers shall be covered by the availability of the pension budget for farmers of previous years. ... + Article 15 The money availability of the pension budget for farmers are interest-bearing, the interest level will be determined by conventions concluded by the CNPAS with the State Treasury or with banks. + Article 16 Exceptionally, in reasoned situations, in order to cover the deficit of the pension budget for farmers, the incomes of the pension budget for farmers are completed with amounts that are allocated from the state budget. + Article 17 (1) In the pension system for farmers, on the territory of Romania, social security contributions and benefits are paid in lei. ... ((2) Contributions and social security benefits, established in the currency of other countries, shall be paid on the territory of Romania in lei, at the exchange rate communicated by the National Bank of Romania on the day of payment. ... + Chapter III Contribution for the farmer's pension + Article 18 In the pension system for farmers are taxpayers, as the case may be: a) insured persons referred to in art. 5 5 para. ((1); ... b) the State, for the monthly mutual contribution. ... + Article 19 (1) The insured status of the pension scheme for farmers shall be acquired from 1 January of the year following that in which the declaration of insurance was lodged. ... (2) The monthly individual contribution is due as of the date of acquisition of the insured status. ... (3) The contribution of the State for the benefit of the insured shall be due from the date of payment of the monthly individual contribution by ... ((4) The payment of the monthly individual contribution to the pension system for farmers shall be made monthly, until the end of the month, for the current month. ... (5) The payment of the monthly individual contribution can be made by any form of payment provided by law, by transfer or in cash. ... + Article 20 (1) The amount of the monthly individual contribution paid by the insured is the same for one year, according to the insurance declaration ... ((2) The insured may opt in the statement of insurance for one of the following types of monthly individual contributions: ... a) 10 lei; ... b) 20 lei; ... c) 30 lei; ... d) 40 lei; ... e) 50 lei. ... (3) The amount of the mutual contribution of the state, paid on behalf of the insured, represents double the monthly individual contribution paid by the insured. ... + Article 21 ((1) CNPAS, through the territorial pension houses, records in the individual accounts of the insured the payments representing the monthly individual contributions, paid by them, together with the contribution of the state paid for the benefit of the insured. ... (2) Records in the individual accounts of the contributions provided in par. ((1) shall be made in the form of annual contribution units. ... (3) The annual contribution units, corresponding to the 5 types of individual monthly contributions provided in art. 20 20 para. (2), are as follows: ... a) 360; ... b) 540; ... c) 720; ... d) 900; ... e) 1.080. ... + Article 22 (1) Non-payment by the insured of the monthly individual contribution mentioned in the insurance declaration, within the period provided in art. 19 19 para. ((4), generates the payment of increases calculated for each day of delay until the date of payment of the amount due, inclusive. ... (2) The non-payment by the insured of the monthly individual contribution mentioned in the insurance declaration, as well as the non-payment of the contribution within the period provided 19 19 para. ((4) attract the non-granting of social security benefits, other than the old-age pension, until the payment of the contributions due and the related delay increases. ... + Article 23 (1) If the insured opts to change the amount of the monthly individual contribution he is due to pay the following year, he will submit to the territorial pension house, by December 31 of the current year, for the year next, the communication amending the declaration of social insurance. ... (2) Insurance that prove that they are no longer found in the situations for which insurance is mandatory, according to art. 5 5 para. ((1), must submit to the territorial pension houses, within 30 days from the change of the situation, the form-type of withdrawal of the insurance declaration. ... + Article 24 (1) By exception to the provisions of this law, the persons referred to in art. 5 5 para. (1) which, on the date of entry into force of the law, exceeds the age of 63 years and does not benefit from a pension from the public system or other non-integrated systems, but which meet the other conditions provided in art. 4 4 and 5, which did not achieve the minimum contribution period necessary to open the right to a pension, can acquire the quality of insured by payment for retroactive periods of the contribution, until the completion of the minimum contribution period necessary for obtaining the old-age pension under this law. ... (2) The provisions of par. (1) persons who reach the statutory retirement age within a period of less than 15 years from the date of entry into force of this Law may also benefit. ... (3) Persons referred to in par. ((1) and (2) may pay the contributions corresponding to the minimum contribution period necessary to obtain an old-age pension within a period of up to 2 years, on the basis of a special insurance declaration and annual insurance declarations. ... (4) The contribution internships made according to par. ((3) may be capitalized for obtaining the pension only after paying the contributions corresponding to the minimum contribution period necessary to obtain the pension for the age limit. ... (5) If the provisions of paragraph are not complied with. ((4), the amounts paid by way of contribution shall not be returned. ... + Article 25 (1) In the pension scheme for farmers the contribution period shall be from the summation of the periods in which the insured has fully paid the monthly individual contribution entered in the original insurance declaration or in the communication of amendment to the this or, where appropriate, in the special declaration. ... (2) The periods for which the insured has not paid the individual contribution shall not constitute a contribution period. ... (3) In the periods for which the insured does not pay the individual contribution is not due either the mutual contribution borne from the state budget. ... + Article 26 (1) In the pension system for farmers, the contribution period is assimilated to non-contributory periods, hereinafter referred to as assimilated periods, in which the insured has attended the day courses of university education, organized according to the law, on the normal duration of those studies, subject to their graduation. ... (2) The assimilated periods provided in par. ((1) shall be used only to obtain the pension for the age limit, invalidity and survivor. ... (3) The assimilated periods shall be registered as corresponding annual contribution units, according to the provisions of art. 21 21 para. ((3) lit. a). ... (4) The assimilated periods constituted of incomplete fraction of the year shall be considered as annual contribution units if the incomplete fraction of the year is at least 6 months. ... (5) If a person has completed periods of contribution period, seniority or seniority in service in several social security systems, on the basis of which the right to pension can be opened within them, the assimilated periods provided in par. (1) shall be used as an option in one of the systems. ... + Chapter IV Pensions of farmers + Section 1 Pension for the age limit + Article 27 (1) The pension of farmers for the age limit is granted to insured persons who meet cumulatively, at the time of retirement, the conditions regarding the standard retirement age and the minimum contribution period in the pension system for farmers. ... (2) The standard retirement age is 63, for both women and men. ... (3) The minimum contribution period, both for women and men, is 15 years. ... (4) The complete contribution period is 30 years for both women and men. ... + Article 28 (1) The insured persons who have completed a contribution period under conditions of disability preexisting quality of insured, depending on the degree of disability, benefit from the reduction of the contribution internships and the standard retirement ages, as follows: ... a) reduction of the standard retirement age by 15 years, if they have achieved at least 10 years of contribution, for those with serious disabilities; ... b) 10 years reduction of the standard retirement age if they have achieved at least 10 years of contribution, for those with increased disabilities. ... (2) Blind insurance benefits from the minimum age pension, regardless of age, if they have achieved, as unseen, at least 10 years of contribution. ... + Article 29 It benefits from the reduction of the standard retirement age by 6 months for each year of deprivation of liberty, deportation abroad after August 23, 1944 and/or prisoner, insured with full contribution internship to whom they have been established. rights of seniority under the conditions laid down in art. 1 1 para. ((1) lit. a)-c) and para. ((2) of Decree-Law no. 118/1990 on the granting of rights to persons persecuted for political reasons of dictatorship established with effect from 6 March 1945, as well as those deported abroad or constituted in prisoners, republished, with amendments and completions Subsequent. + Section 2 Early pension + Article 30 ((1) Insurance that have exceeded the full contribution period by at least 10 years may apply for an early pension no later than 5 years before the standard retirement ages. ... (. When determining the contribution period, the calculation of the contribution units shall not be taken into account: ... a) periods assimilated according to art. 26 26; ... b) the periods in which the insured has benefited from invalidity pension. ... (3) The amount of the anticipated pension shall be determined under the same conditions as that of the old-age pension. ... (4) Upon reaching the standard retirement age, upon request, the farmer's pension shall become a farmer's pension for the age limit and shall be recalculated by the addition of the assimilated periods and the possible contribution internships made in the Anticipation period. ... + Section 3 Invalidity pension + Article 31 (1) They have the right to invalidity pension insured persons who have totally lost their ability to work, due to diseases or accidents that have or are not related to work and who have achieved the necessary contribution period, in relation to age, at the date Iviation of disability. ... ((2) Insurance of the pension scheme for farmers may be classified in the first or second degree of invalidity on the basis of the criteria and rules under which the public pension scheme is classified in degrees of invalidity. ... + Article 32 (1) Incadence or non-compliance in a degree of invalidity is made by decision issued by the specialist in medical expertise and the recovery of work capacity, hereinafter referred to as the expert doctor of social insurance. ... (2) Against the decision provided in par. (1) an appeal may be made to the territorial pension house, within 30 days of communication. ... (3) When settling the appeal, the territorial pension house may consult the National Institute of Medical Expertise and Work Capacity Recovery. ... (4) The deadline for resolving the appeal shall be 45 days from the date of its registration. ... (5) Decision of the territorial pension house, given in the resolution of the appeal provided in par. ((2), may be challenged at the competent court, within 30 days of the communication. ... (6) The decision to fit or not to be classified in a degree of invalidity, not contested within the period, is final. ... + Article 33 (1) Insurance who have lost their ability to work, assigned to a degree of invalidity according to art. 32 32, benefit from invalidity pension if they meet the necessary contribution period conditions in relation to age, set out in the table below: ... ┌ ----------------------------- ------------------------------------------- | Age of insured at the date | Required contribution period | | ivirii invalidity | (ani) | ├ ----------------------------- 留言 | 加入好友 | Under 25 years | 3 | ├ ----------------------------- 留言 | 加入好友 | 25 -31 years | 6 | ├ ----------------------------- 留言 | 加入好友 | 31-37 years | 9 | ├ ----------------------------- 留言 | 加入好友 | 37-43 years | 12 | ├ ----------------------------- 留言 | 加入好友 | 43-49 years | 15 | ├ ----------------------------- 留言 | 加入好友 | 49-55 years | 18 | ├ ----------------------------- 留言 | 加入好友 | Over 55 years | 21 | └ ----------------------------- ------------------------------------------- (2) They have the right to invalidity pension and persons who, at the date of employment of invalidity, no longer have the status of insured, but meet the conditions provided in par. ((1). ... + Article 34 (1) If the invalidity arose during and due to the fulfilment of military obligations, the insured may benefit from invalidity pension, regardless of the contribution period. ... (2) Provisions of para. ((1) shall also apply where the invalidity has occurred as a result of an accident in relation to work, neoplasia, and AIDS. ... + Article 35 (1) In determining the invalidity pension, the insured persons are granted a potential internship, determined as the difference between the full contribution period and the contribution period actually achieved until the time of employment in a degree of invalidity. ... (2) The potential result in accordance with par. (1) may not be higher than the contribution period that the insured could have made from the date of occurrence of invalidity until the standard retirement age referred to in art. 27 27 para. ((2). ... + Article 36 (1) Invalidity pensioners are subject to medical review according to the condition, at intervals of 6 or 12 months, until the standard retirement age, at the deadlines set by the territorial pension houses. ... (2) After each revision, the expert doctor of social security within the territorial pension house shall issue a new decision establishing, as the case may be: ... a) maintenance in the same degree of disability; ... b) classification in another degree of invalidity; ... c) termination of the quality of invalidity pensioner as a result of the reacquisition of the work capacity. ... ((3) The right to invalidity pension shall be amended or terminated from the month following that in which the medical review decision was issued. ... ((4) The non-submission to the medical review, for reasons attributable to the pensioner, draws the suspension of the pension payment from the month following that in which the medical review was provided ... (5) The medical review may also be carried out at the request of the pensioner, before the date set by the territorial pension house, if the state of his health has improved or deteriorated. ... (6) The decision issued after the medical review is subject to the same appeal and settlement procedure according to art. 32 32 para. ((2)-(6). ... (7) They are not subject to periodic medical review of invalidity pensioners who: ... a) present invalidity that irreversibly affects the ability to work; ... b) have reached the age provided by this law for obtaining the old-age pension; ... c) are less than up to 5 years old compared to the standard retirement age and have completed the complete contribution internships, according to this law. ... + Article 37 (1) Pensioners of invalidity, except those referred to in art. 36 36 para. ((7), are obliged to follow the recovery programs drawn up by the expert social insurance doctor who issued the decision to qualify for disability, in order to reintegrate social. ... (2) Failure to fulfill the obligation provided in par. ((1) for reasons attributable to the pensioner shall draw the suspension of the payment of the pension from the following month. ... (. The suspension of payment of the pension shall cease with the month following the resumption or, where appropriate, the start of the recovery programmes. ... + Article 38 Upon reaching the standard retirement age provided by this law for obtaining the old-age pension, the beneficiary of the invalidity pension is passed, ex officio, in the category of old-age pensioners, benefiting, in continued, of the more advantageous amount. + Section 4 Survivor's pension + Article 39 Children and the surviving spouse are entitled to survivor's pension, if the deceased person was retired or met the conditions for obtaining a farmer's pension. + Article 40 Children are entitled to survivor's pension if: a) are up to the age of 16; ... b) are over 16 years old and continue their studies in a form of education organized according to the law, until their termination, without exceeding the age of 26; ... c) are disabled, for the duration of invalidity of any degree, if it intervened during the period in which they were in one of the situations referred to in lett. a) or b). ... + Article 41 (1) The surviving spouse is entitled to a lifelong survivor's pension, at the end of the standard retirement age, if the duration of the marriage has been at least 15 years. ... ((2) If the duration of the marriage is less than 15 years, but for at least 10 years, the amount of the survivor's pension due to the surviving spouse shall be reduced by 0.5% for each month, respectively by 6.0% for each year of marriage less. ... + Article 42 The surviving spouse is entitled to survivor's pension, regardless of age, during the period in which he is an invalid of the first or second degree, if the duration of the marriage was at least one year. + Article 43 The surviving spouse, who does not meet the conditions laid down in 41 and 42, benefit from survivor's pension for a period of 6 months from the date of death of the husband, if during this period he does not realize monthly incomes higher than 1/2 of the gross minimum wage per country guaranteed in payment. + Article 44 The surviving spouse who is in care, at the time of death of the supporter, one or more children aged up to 7 years, benefits from survivor's pension until his last child reaches the age of 7, during periods when he/she does not. make monthly income from an activity for which pension insurance is mandatory. + Article 45 (1) The survivor's pension shall be calculated, as the case may be, of: ... a) the farmer's pension for the age limit, in payment or to which he would have been entitled, under the law, the deceased supporter; ... b) invalidity pension first degree, if the death of the supporter intervened before the conditions for obtaining the farmer's pension for the age limit and was in payment with invalidity pension grade II, pension anticipated or had the right, under the law, to one of these categories of farmer's pensions. ... (2) The amount of the survivor's pension shall be determined under the conditions laid down in art. 50, by applying a percentage on the contribution units made by the supporter, related to the pension provided in par. (1), depending on the number of followers entitled, as follows: ... a) for a single survivor-50%; ... b) for 2 offspring-75%; ... c) for 3 or more offspring-100%. ... + Article 46 The amount of the survivor's pension, in the case of orphans of both parents, represents the summation of the survivor's rights, calculated according to each parent. + Article 47 In case of changes in the number of offspring, the pension shall be recalculated in accordance with the provisions of 45 45 para. ((2). + Article 48 (1) The surviving spouse entitled to a pension of his own pension scheme for farmers, the public pension scheme or other non-integrated pension schemes, and fulfils the conditions laid down by this Law for obtaining Survivor's pension after the deceased spouse can opt for the most advantageous pension. ... (. The amount of the pension for which the option has been made shall be granted from the month following that in which the application was registered. ... + Article 49 Beneficiaries of the survivor's pension referred to in art. 40 lit. c) and art. 42 are subject to medical review and have the obligation to follow the recovery programs according to the regulations provided for the disability pension. + Section 5-a Calculation of the farmer's pension + Article 50 The amount of the farmer's pension shall be determined by multiplying the contribution units made by the insured during the contribution period by the amount of a contribution unit. + Article 51 (1) The contribution units made by the insured during the contribution period represent the amount of the annual contribution units made during the entire contribution period reported at the full contribution period provided for in art. 27 27 para. ((4). ... (. The calculation of the contribution units made shall be used for 3 decimal places. ... (3) The number of contribution units made, for complete contribution internships, may not be less than 360 or more than 1,080. ... (4) The contribution period higher than that provided for in art. 27 27 para. (4) determine a greater number of contribution units, if they represent years of contribution over the required complete internship. ... + Article 52 (1) For assimilated periods, provided in art. 26 26 para. ((1), when determining the contribution units made, the annual contribution unit equal to 360 shall be used. ... ((2) For the internship potentially granted to insured persons in order to obtain a disability pension from the pension scheme for farmers, the annual contribution unit of the insured shall be: ... a) 270 for the first degree of invalidity; ... b) 240 for the second degree of disability. ... (3) Insurance which, after the registration for old-age pension, regulated by this law, contributes an additional number of years to the pension system for farmers, being found in the situations provided in art. 5 5 para. (1), benefit from the recalculation of the farmer pension after the realization of each annual contribution unit, according to the provisions of art. 21 21 para. ((3). ... + Article 53 CNPAS communicates annually to the insured, through the territorial pension houses, the annual contribution units, the number of years of contribution, as well as the amounts in lei, registered in the insured's account, as individual and mutual contributions submitted by the state in Insured's name The data shall be completed annually in the insurance card, at the date of submission of the annual insurance declaration + Article 54 (1) The value of a contribution unit shall be established annually by the state social insurance budget law. ... (2) The value of a contribution unit shall be calculated by applying a percentage on 1/5 of the average gross salary used to substantiate the state social insurance budget and approved by the state social insurance budget law, for reference period. ... (3) The percentage used to establish the value of a contribution unit, according to the provisions of para. ((2), may not be less than 0,1% or more than 0,5%. ... (4) In relation to the evolution of macroeconomic indicators and financial resources, the value of a contribution unit may be updated by law during the budgetary execution. ... + Section 6 Establishment and payment of pensions + Article 55 (1) The farmer's pension shall be granted at the request of the entitled person, the trustee designated by it by special power of attorney, the guardian or its curator. ... (2) The application for retirement, together with the documents proving the fulfilment of the conditions provided for by this law, including the insurance card, shall be submitted to the territorial pension house within which the domicile or residence of his insured is located, after The case, the trustee, the guardian or its curator. ... + Article 56 (1) The pension rights of an old-age farmer shall be granted and paid from the date of fulfilment of the retirement conditions, if the application has been submitted within 30 days of that date. ... (2) The early pension rights of the farmers shall be granted and paid from the date of fulfilment of the conditions, but not before the end of the quality of insured, if the application has been submitted within 30 days from the date of fulfilment of the conditions. ... (3) In the case of persons who meet the conditions of retirement and whose application was submitted after the deadline provided in par. ((1) and (2), the farmer's pension rights shall be granted and paid from the date of application together with the supporting documents. ... + Article 57 (1) Persons who have reached the standard retirement age may no longer apply for an enrolment in the farmer's disability pension. ... (2) The right to invalidity pension shall be granted from the date of issue of the medical decision of employment in the degree of invalidity if the application was submitted within 60 days from this date. ... (3) In the case of persons who meet the conditions of retirement and whose application was submitted after the deadline provided in par. ((2), invalidity pension rights shall be granted and shall be paid from the date of submission of the application together with all the supporting documents. ... + Article 58 (1) in the case of persons who meet on the date of death of the supporter provided the conditions provided for by this Law, the rights to the survivor's survivor's pension shall be granted upon request, as follows: ... a) from the month following the death, if the deceased supporter was a farmer pensioner, if the application was submitted within 90 days of the date of death; ... b) from the date of death of the supporter, if he was not retired at the time of death, if the application was submitted within 90 days from the date of death; ... c) from the date of submission of the application, in the situations in which the deadlines provided in lett were exceeded. a) and b). ... (2) If the successor meets the conditions laid down by this law after the date of death of the insured supporter, the survivor's pension rights shall be granted from the date of fulfilment of the conditions, if the application was submitted within 90 days from the date of performance. ... (3) If the deadline provided for in par. ((2), the survivor's pension rights shall be granted from the date of application. ... + Article 59 (1) Admission or rejection of the application for retirement shall be made by decision issued by the territorial pension house within 45 days from the date of application. ... (2) The decision of the territorial pension house will cover the grounds of fact and law on the basis of which the application for retirement is admitted or rejected. ... (3) The decision of the territorial pension house shall be communicated in writing to the person who requested the retirement, within 5 days from the date of issue. ... + Article 60 Decision issued under the conditions provided in art. 59 59 para. (1) may be challenged at the competent court, in whose territorial area the domicile or residence of the insured is located, within 45 days of communication. + Article 61 The decision of the territorial pension house unchallenged within is final. + Article 62 If errors are found in the establishment and/or payment of the farmer's pension rights, the territorial pension houses will operate the corrections and legal changes, attracting, as the case may be, the liability of the guilty. + Article 63 (1) The payment of the farmer's pension shall be made monthly. ... (2) The farmer's pension shall be paid personally to the holder, the trustee appointed by him by special power of attorney or his legal representative. ... (3) The methods of payment of farmer pensions shall be established by regulation of the CNPAS. ... + Article 64 ((. The payment of the farmer's pension shall cease from the month following that in which: ... a) the beneficiary has died; ... b) the beneficiary no longer meets the legal conditions under which the farmer's pension was granted; ... c) the descendant was convicted by a final decision final for the crime of murder or attempted murder committed on the supporter. ... (2) The courts have the obligation that, within 10 days from the date of final stay of the decision rendered in the cases provided in par. ((1) lit. c), to communicate this situation, in writing, to the CNPAS. ... + Article 65 The payment of the farmer's pension shall be suspended from the month following that in which: a) the pensioner establishes his domicile on the territory of another state with which Romania has concluded social insurance convention, if within it it is stipulated that the pension is paid by the other state; ... b) the beneficiary of an early pension carries out income from an activity for which insurance is compulsory according to art. 5 5 para. ((1) pt. I and II of Law no. 19/2000 , with subsequent amendments and completions; ... c) the beneficiary of a disability pension shall not be present at the periodic medical review; ... d) the beneficiary of a survivor's pension carries out monthly incomes higher than 1/2 of the minimum gross basic salary per country guaranteed in payment; ... e) the child survivor no longer meets the conditions provided in art. 40 lit. b) and c); ... f) the surviving spouse, beneficiary of a survivor's pension, shall be remarried; ... g) the surviving spouse, a beneficiary of a farmer's own pension, opts for survivor's pension or survivor's pension from another social security system; ... h) the pensioner shall apply for suspension of payment of the pension. ... + Article 66 (1) The resumption in payment of suspended pensions shall be made on request, starting from the month following that in which the case of suspension has ceased, if the application has been submitted within 30 days from the date of termination of the case of suspension. ... ((2) If the request for a resumption in payment has been submitted after the expiry of the 30-day period, the payment shall be made from the month following that in which the application was submitted. ... (3) Resumption in payment of the survivor's pension suspended as a result of non-fulfilment of the conditions provided in art. 40 lit. b) and c) shall be made from the start date of the school year or from the date of issue of the medical decision of employment in a degree of invalidity. ... + Article 67 (1) I can cumulate the farmer's pension with the income made from carrying out any activity, regardless of their level: ... a) children descendants, orphans of both parents, during the schooling period, until the age referred to in art. 40 lit. a) and b); ... b) the blind; ... c) retirement for the age limit. ... (2) Beneficiaries of the survivor's pension may cumulate the pension with the realized incomes, if they do not exceed monthly 1/2 of the minimum gross basic salary per country guaranteed in payment. ... + Article 68 (1) The amounts left uncollected by the deceased farmer pensioner, representing the pension for the month in which the death took place and, as the case may be, the pension rights due and unpaid until death, shall be paid to the surviving spouse, to the children, to the parents or, in the absence thereof, to other heirs, under the conditions of common law ... (2) The amounts referred to in par. ((1) may be requested within the general limitation period of 3 years. ... + Chapter V Other social security rights + Article 69 Pensions of the pension scheme for farmers shall be entitled, apart from retirement, to: a) spa treatment in order to prevent illness and recover work capacity; ... b) death benefit. ... + Article 70 (1) In order to prevent illness and recover the work capacity, insured and pensioners of the pension system for farmers are entitled to spa treatment once a year, within the limits of the funds allocated for spa treatment by law the state social insurance budget, with the support by the beneficiary of part of the cost of the treatment ticket. ... (2) The criteria on the basis of which the tickets for spa treatment are granted, as well as the level of the individual participation rate of the insured or, as the case may be, of the pensioners are approved annually by the CNPAS. ... (3) The payment of services related to spa treatment tickets is carried out by the CNPAS. ... (4) The spa treatment will be provided in the treatment units of the CNPAS property and, in addition, through contracts concluded, according to the law, with profile units. ... + Article 71 (1) In the event of the death of the insured person or pensioner, one person shall benefit from death benefit, which may be, as the case may be, the surviving spouse, the child, the parent, the guardian, the curator or the heir, under the conditions of common law, or, in its absence, the person who proves that he incurred the expenses occasioned by the death. ... (2) The amount of the death benefit shall be established annually by the law of the state social insurance budget and may not be less than the amount of the average gross salary used to substantiate the state social insurance budget and approved by the law the state social insurance budget for the current year. ... (3) The insured or pensioner benefits from death benefit in the event of the death of a family member in his/her maintenance and who does not have a social security right. ... (4) It is considered a family member, within the meaning of this law: ... a) ... b) children of their own, adopted children, children in family placement or entrusted to family growth, up to 18 years of age or, if they continue their studies, until their termination, without exceeding the age of 26; ... c) parents and grandparents of any of the spouses. ... (5) The death benefit due for a family member represents half of the amount provided in par. ((2). ... (6) The death benefit shall be paid within 24 hours from the request, by the territorial pension house, in the case of the pensioner farmer, the insured, respectively of a family member of the latter. ... (7) The right of insured persons to death is not subject to the performance of a contribution period. ... + Article 72 The death benefit is borne from the pension budget for farmers and is granted on request, based on the death certificate, at the level due at the time of death. + Article 73 The death benefit may be requested, on the basis of supporting documents, within the general limitation period of 3 years, calculated from the date on which the death occurred. + Chapter VI Pension Department for Farmers + Article 74 As of January 1, 2011, the CNPAS will take the necessary measures to establish and operate the Pension Department for farmers, provided for in art. 3 3 para. ((1), and territorial structures. ------------- Article 74 has been amended by section 4. 1 1 of art. VI of EMERGENCY ORDINANCE no. 114 114 of 23 December 2009 , published in MONITORUL OFFICIAL no. 919 919 of 29 December 2009. + Article 75 The pension department for farmers is established at the general direction level and will be led by a general manager with the rank of senior civil servant, appointed under the law by the president of the CNPAS. + Article 76 The CNPAS elaborates the organizational structure and the Regulation on the organization and functioning of the Pension Department for farmers, as well as its territorial structures, which are approved by Government decision. + Article 77 Expenditure on the organisation and operation of the pension scheme for farmers shall be borne from the pension budget for farmers, within the limit of 3% applied on total annual expenditure. + Article 78 The salary of the staff of the Pension Department for farmers and territorial structures is the one applicable to the staff of the CNPAS. + Article 79 In application of the provisions of this law, the Department of Pensions for farmers of the CNPAS performs the following duties: a) guide and control the application of the legal provisions by the territorial pension houses, as well as by the individuals to whom rights and obligations arising from this law; ... b) coordinates and controls the activity in this area of the territorial pension houses; ... c) control the establishment and payment of pensions for farmers; ... d) substantiates and elaborates the draft budget of incomes and expenses for the pension system for farmers; ... e) submit to the CNPAS reports on how to manage the pension budget for farmers; ... f) publish its activity report annually; ... g) pursues the execution of incomes and expenses of the pension budget for farmers and presents to the Ministry of Labor, Family and Equal Opportunities quarterly and annual reports on budget execution; ... h) takes measures, under the law, for the efficient development and administration of the patrimony of the pension system for farmers, as well as for ensuring its integrity; ... i) take measures, under the law, on the protection of funds for pensions for farmers; ... j) ensure the national record of all taxpayers to the pension system for farmers; ... k) ensure the national record of social security rights and obligations for farmers based on the personal numerical code; ... l) annually certify the contribution period and the annual contribution units made up to date; ... m) ensures representation before the courts in disputes in which it is involved as a result of the application of the provisions of this law ... n) performs any other duties established by legal provisions. ... + Article 80 The attributions of the pension department for farmers, according to the law, are subject to the control of the Ministry of Labor, Family and Equal Opportunities. + Article 81 The management of budgetary funds is subject to the control of the Court of Auditors + Chapter VII + Section 1 Legal liability + Article 82 Violation of the provisions of this law attracts material, civil, contravention or criminal liability, as the case may + Article 83 The act of the person who has the use for other purposes and the non-irritation to the pension budget for farmers of the individual monthly social insurance contributions paid by the insured or the mutual contribution of the state paid on behalf of Insured persons constitute a criminal offence and shall be punished with imprisonment from 6 months to 2 years. + Article 84 Completion of forms-type or other documents containing information on individual monthly contributions, paid by the insured, the mutual contributions of the state, paid on behalf of the insured, of the contribution units with data false, having as effect the distortion of the records on insured persons, the contribution period, the contribution or the contribution unit, or the performance of unjustified expenses from the pension budget for farmers by the official or employee of the house territorial pension, by the insured or by another person, constitutes offence of intellectual forgery and is punishable according to the provisions of the + Section 2 Contraventions + Article 85 The following facts are contrary: a) failure to submit within the period of the insurance declaration provided in art. 6 6; ... b) failure to submit within the deadline the communication to modify the social insurance declaration or the form-type of withdrawal of the social insurance declaration provided for in art. 23 23 para. ((1) or (2); ... c) non-compliance with the amount of the monthly individual contribution established by the social insurance declaration according to 20 20 para. ((2); ... d) non-compliance with the provisions on the obligation to announce the changes for the pension. ... + Article 86 (1) Contraventions provided in art. 85 is sanctioned with a fine of 60 to 120 lei. ... (2) Finding the contraventions provided in art. 85 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) The contravention fines, applied under this law, constitute income to the state budget, according to the law. ... + Article 87 Provisions art. 85 and 86 are completed with the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Chapter VIII Social security jurisdiction for farmer's pensions + Article 88 The jurisdiction of social insurance is carried out through courts and appeals courts, according to the law, in accordance with the provisions Law no. 304/2004 on judicial organization, republished, with subsequent amendments and completions. + Article 89 The courts settle disputes concerning: a) how to declare, calculate and pay the monthly individual contribution of social insurance for farmers; ... b) the way of registration in the individual accounts of the insured of the amounts representing the individual monthly contributions paid by the insured and those representing the contribution of the state paid for the benefit of the insured; ... c) how to record the contribution units; ... d) the way of record and certification of the contribution period made in the pension system for farmers; ... e) retirement decisions; ... f) unjustified refusal to resolve an application for social security rights for farmers; ... g) the way of establishment and payment of pensions, allowances and other social security rights for farmers; ... h) complaints against contravention minutes, concluded under this law; ... i) other rights and obligations of social insurance for farmers born under this law. ... + Article 90 Applications directed against the CNPAS or against territorial pension houses shall be addressed to the court in whose territorial area the applicant is domiciled or residing. The other applications are addressed to the court in whose territorial area the defendant is domiciled or residing. + Article 91 (1) The courts of appeal may appeal to the courts of appeal. ... (2) The decisions of the courts of appeal, as well as the judgments of the courts, uncontested with appeal within the period, shall be final and irrevocable. ... + Article 92 The provisions of this law, regarding the jurisdiction of social security, shall be supplemented by the provisions of the Civil Procedure Code Law no. 304/2004 , republished, with subsequent amendments and completions. + Article 93 Applications before any organs or courts, as well as all procedural acts in relation to disputes, having as their object rights or obligations of social insurance for farmers, are exempt from any kind of stamp duty. + Chapter IX Transitional provisions + Article 94 (1) The pension scheme for farmers and other social security schemes shall be recognised as a reciprocal contribution period for the opening of pension rights for the age limit, invalidity and survivors. ... (2) In the situation referred to in par. ((1), pensions in the pension scheme for farmers shall be established only for the contribution period made within it. ... (3) The pension rights in payment on the date of entry into force of this Law, established for the contribution internships made in agriculture, shall continue to be paid through the public pension system, according to its own regulations. ... + Article 95 The contribution internships made in agriculture until the date of entry into force of this law will be capitalized on the establishment of pension in the public pension system according to the provisions Law no. 19/2000 , with subsequent amendments and completions. + Article 96 The model of the insurance declaration and other documents provided by this law shall be established by decision of the President of the CNPAS, which is published in the Official Gazette of Romania, Part I. + Chapter X Final provisions + Article 97 (1) The amounts collected unearned, as a social security benefit for farmers, shall be recovered from the beneficiaries within the general limitation period of 3 years. ... (2) The amounts paid uncuincome through the territorial pension houses shall be recovered from the beneficiaries on the basis of the decision of the respective house, which constitutes enforceable title. ... + Article 98 (1) The amounts collected unearned, as a social security benefit for farmers, as a result of a crime committed by the beneficiary, shall be recovered from it, from the date of the first payment of the undue amounts until the full recovery of the injury. ... (2) The amounts referred to in par. (1), left unrecovered from deceased insured persons, shall be recovered from heirs, under the conditions of common law. ... (3) The recovery of outstanding debits is made according to the legal provisions on the collection of tax ... + Article 99 The database on pension system insurance for farmers is the property of the CNPAS and has a confidential character. + Article 100 The amounts due by way of benefits established according to the provisions of this law shall be completed to a lion in favour of the beneficiaries, after deducting any obligations. + Article 101 In application of the provisions of this law the Ministry of Labour, Family and Equal Opportunities will issue methodological norms, approved by order of the Minister, which will be published in the Official Gazette of Romania, Part I. + Article 102 This Law shall enter into force on 1 January 2011. ------------- Article 102 has been amended by section 4.2. 2 2 of art. VI of EMERGENCY ORDINANCE no. 114 114 of 23 December 2009 , published in MONITORUL OFFICIAL no. 919 919 of 29 December 2009. + Article 103 (1) In order to apply the provisions of this law, the number of posts approved for the CNPAS and its territorial structures shall be supplemented by 200. ... (2) Until 2013, the expenses necessary for the implementation and administration of the pension system and other social security rights of farmers, as well as those with the staff shall be borne by the state budget. ... ------------- Alin. ((2) of art. 103 103 has been amended by section 3 3 of art. VI of EMERGENCY ORDINANCE no. 114 114 of 23 December 2009 , published in MONITORUL OFFICIAL no. 919 919 of 29 December 2009. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, November 7, 2008. No. 263. _____________
