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Law No. 130 Of 3 June 2015

Original Language Title: LEGE nr. 130 din 3 iunie 2015

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LEGE no. 130 130 of 3 June 2015 for completion Law no. 567/2004 on the status of the specialized auxiliary staff of the courts and the prosecutor's offices of these and of the staff operating within the National Institute of Forensic Expertise
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 408 408 of 10 June 2015



The Romanian Parliament adopts this law + Article I After Article 68 ^ 4 of Law no. 567/2004 on the status of the specialized auxiliary staff of the courts and the prosecutor's offices of these and of the personnel operating within the National Institute of Forensic Expertise, published in the Official Gazette of the Romania, Part I, no. 1.197 of 14 December 2004, with subsequent amendments and completions, a new article is inserted, Article 68 ^ 5, with the following contents: "" Art. 68 68 ^ 5. -(1) The specialized auxiliary staff of the courts and prosecutors ' offices in addition to these provided in art. 3 3 para. (2), the forensic specialist staff and the staff occupying auxiliary specialized functions provided in art. 3 ^ 1, as well as forensic technicians within the prosecutor's offices, at least 25 years old in the specialty, can benefit, at the age of 60, from a service pension, in the amount of 80% of the calculation base represented by the average monthly gross basic salaries achieved, including bonuses, corresponding to the last 12 months of activity prior to the month in which the application for retirement is submitted. (2) The service pension provided in par. (1) benefits, at the age of 60, and the specialized auxiliary staff of the courts and prosecutor's offices beside them, the forensic specialist staff and the staff occupying auxiliary functions of forensic speciality, as well as forensic technicians within the prosecutor's offices, with a seniority in the specialty between 20 and 25 years, in this case the amount of the pension being reduced by 1% of the calculation base provided in par. ((1) for each year that is missing from the age in full specialty. (3) For each year that exceeds the age in the specialty provided in par. (1), the amount of the pension is added 1% of the calculation base provided in par. ((1), without being able to overcome it. ((4) The pension shall be granted upon request, starting with the month following that in which the application was registered at the territorial pension house within the domicile or residence of the applicant or, as the case may be, at the competent sectoral pension house. (5) With the establishment of the amount of the service pension, the old-age pension in the public system is also established, according to the legislation in force on the public pension system. (6) If the amount of the service pension calculated according to this law is lower than that of the pension in the public pension system the most advantageous amount is granted. (7) Persons who meet the age and seniority conditions provided in par. (1) only as specialist auxiliary staff of the courts and prosecutor's offices of these, of forensic and personnel specialist personnel occupying forensic specialist auxiliary functions, as well as in the the forensic technician in the prosecutor's offices benefits from a service pension, even if at the time of retirement they had or have another occupation. In this case, the basis for the calculation of the service pension is the average of the monthly gross basic salaries, including the bonuses, in percentage, from the last 12 months prior to the month in which the retirement application is submitted, made by the auxiliary staff of specialty in activity in identical conditions of function, seniority, degree or stage and level of the court or prosecutor's office or INEC where the applicant functioned before his release from the position of specialized auxiliary staff. (8) The provisions of par. (7) can only benefit persons who have been released from the position of specialized auxiliary staff of the courts, of the prosecutor's offices of these, of forensic specialist personnel, of staff occupying functions Forensic specialist auxiliary from INEC, as well as forensic technician from the prosecutor's offices, for reasons not attributable to them. (9) The surviving spouse, the minor children, as well as the major children until the end of their studies, but not more than 26 years, of the specialist staff of the courts and the prosecutor's offices beside them, of the staff of Forensic specialty, of the personnel occupying auxiliary specialized functions of forensics and of the forensic technician within the prosecutor's offices benefit from survivor's pension under the conditions provided by the pension system legislation public, calculated from the service pension in payment or to which they would have been entitled the supporter at the time of death, updated, as appropriate. (10) The service pensions and survivors ' pensions provided for by this Law shall be updated, ex officio, every year, with the changes in the amount of the pension point, with the percentage corresponding to the inflation rate used to determine the value of the pension, as required Law no. 263/2010 on the unitary public pension system, with subsequent amendments and completions. If the update results in a lower service pension, the pension in payment shall be kept. (11) It is borne from the state budget, through the budget of the Ministry of Labor, Family, Social Protection and Elderly: a) the part of the service pension that exceeds the pension level of the public pension system, as well as the service pension in the case of persons who do not meet the conditions for granting the pension for the age limit in the public pension system; b) the part of the survivor's pension, calculated from the service pension, which exceeds the pension level of the public pension system, as well as the survivor's pension calculated from the service pension, in the case of supporters who do not meet the conditions of granting of the old-age pension in the public pension system. ((12) The pension provided for by this Article, except for the pension provided in par. ((9), has the legal regime of an old-age pension. (13) The elements necessary to establish the pensions provided by this law regarding the age in the specialty, the seniority in office and the basis for the calculation of the pension shall be proved with the document issued by the competent court, by the prosecutor's office on near this or the INEC, on their responsibility. ((14) The payment of the pension provided for by this Law is as follows: a) from the date of issue of office, provided for in the decision of the head of the court, of the prosecutor's office of the INEC, in the situation of the specialized auxiliary staff of the courts, of the prosecutor's offices in addition to these, the forensic specialist staff and staff occupying forensic specialist auxiliary functions, as well as forensic technicians within the prosecutor's offices, in activity on the date of submission of the application for retirement; b) from the date of granting the pension, in the situation of the persons referred to in ((7) and (9). (15) The provisions of this law, relating to pensions, shall be supplemented by those of the legislation on pensions in the public pension system on the modalities of establishment and payment, as well as those relating to the modification, suspension, the resumption, termination, recovery of undue amounts and jurisdiction. " + Article II (1) The provisions of this law, in the event of the fulfilment of the conditions imposed by it, also benefit the specialized auxiliary staff of the courts, of the prosecutor's offices, of the former state notaries, as well as of former state or departmental arbitrations and which, on the date of entry into force of this law, benefit from a pension category from the public pension system. (2) The basis for the calculation of the pension provided in par. (1) is the average of the monthly gross basic salaries of the last 12 months prior to the month in which the application for retirement is submitted, made by the specialized auxiliary staff in activity under identical conditions of function, seniority, degree or step and level of the court or prosecutor's office where the applicant operated before the release from the position of specialist auxiliary staff, as well as the average of the bonuses, in percentage, had in the last 12 months prior to the month in which it was relieved of duty. (3) The provisions of this law, in the event of fulfilment of the conditions imposed by it, shall also benefit the bailiffs, retired before the entry into force Law no. 188/2000 on bailiffs, republished, with subsequent amendments and completions, with a seniority in office of at least 20 years. (4) The basis for the calculation of the pension provided in par. (3) is the average of the monthly gross basic salaries of the last 12 months prior to the month in which the application for retirement is submitted, specific to the position of Registrar I and step I, depending on the level of studies, under identical conditions of function, seniority and level of the court or prosecutor's office, plus the average of the bonuses, in percentage, had in the last 12 months prior to the date of release from office. (5) In the situation of persons provided in par. ((1)-(4) the pension shall be granted upon request, and shall be paid from the month following its registration at the territorial pension house within the home or residence of the applicant or, as the case may be, at the competent sectoral pension house. (6) The provisions of this law do not apply to persons who benefit from a service pension under final and irrevocable court decisions or, as the case may be, final court decisions. + Article III (1) The present law shall enter into force 45 days from the date of publication in the Official Gazette of Romania, Part I. (2) By the deadline provided in par. (1) will be developed methodological norms for the application of this law by the Ministry of Justice and the Ministry of Labour, Family, Social Protection and Elderly, which is approved by Government decision. + Article IV Law no. 567/2004 on the status of the specialized auxiliary staff of the courts and the prosecutor's offices of these and of the personnel operating within the National Institute of Forensic Expertise, published in the Official Gazette of the Romania, Part I, no. 1.197 of December 14, 2004, 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. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALERIU-STEFAN ZGONEA SENATE PRESIDENT CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, June 3, 2015. No. 130. -----