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Law No. 215 Of 21 July 2015 For The Modification And Completion Of The Law #. 7/2006 Concerning The Status Of Public Functionary Mp

Original Language Title: LEGE nr. 215 din 21 iulie 2015 pentru modificarea şi completarea Legii nr. 7/2006 privind statutul funcţionarului public parlamentar

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LEGE no. 215 215 of 21 July 2015 to amend and supplement Law no. 7/2006 on the status of parliamentary civil servant
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 546 546 of 22 July 2015



The Romanian Parliament adopts this law + Article I Law no. 7/2006 on the status of the parliamentary civil servant, republished in the Official Gazette of Romania, Part I, no. 345 of 25 May 2009, as amended and supplemented, shall be amended and supplemented as follows: 1. After Article 73, a new article is inserted, Article 73 ^ 1, with the following contents: "" Art. 73 73 ^ 1. -(1) Parliamentary civil servants from the specialized structures of the Parliament are entitled to social security, under the law. (2) Parliamentary civil servants with a contribution period of 30 years shall be entitled to an old-age pension upon reaching the standard retirement age from the public pension system. (3) Upon reaching the age provided in par. (2), parliamentary civil servants with a contribution period of 30 years, of which at least 14 years in the structures of the Parliament, benefit from service pension in the amount of 80% of the calculation base represented by the average gross income realized in the last 12 months before the retirement date. The pension granted may not exceed the level of gross basic salary, including bonuses, as well as the driving allowance and the merit salary of the last 12 months prior to the date of retirement, of the position held or of the equivalent function, as the case may be. (4) For each year exceeding the age of 14 years in Parliament is added to the amount of the pension 1% of the calculation base provided in par. ((3), without exceeding the gross income had at the time of retirement. (5) The service pensions established under the terms of this law shall be updated by applying to the amount of the service pension in payment of the percentage of increase of the basic salary enjoyed by the parliamentary civil servant activity, with the same level of pay and on the same public office. If the update results in a lower pension, the pension in payment shall be kept. (6) The part of the service pension exceeding the pension level in the state social insurance system shall be borne from the state budget. (7) Parliamentary civil servants who have a contribution period of 30 years, of which at least 14 years in the structures of the Parliament, can apply for retirement and before the retirement age provided in par. (2), but not earlier than 60 years, the provisions of par. ((3)-(6) of this law by applying accordingly. (8) The rights provided in par. (3), (5), (6) and (7) of this law also benefit the parliamentary civil servants with a contribution period of 30 years, from which in the structures of the Parliament between 4-14 years, in this case the amount of the pension provided in par. (3) being reduced by 1% for each year missing from the age of 14 years. (9) In the calculation of the contribution period in the structures of the Parliament provided in par. (1)-(8) shall be taken into account, as the case may be, and the period during which the parliamentary civil servant had the status of deputy or senator. (10) When fulfilling the retirement conditions provided in par. (1)-(9), the parliamentary official shall opt for the pension calculated according to the provisions of this law or for the pension calculated under the Law no. 263/2010 on the unitary public pension system, with subsequent amendments and completions. (11) Persons who meet the retirement conditions provided by this law benefit from the provisions of par. ((1)-(8), as appropriate, even if at the time of retirement they occupy another position or have another occupation, as the case may be. In this situation, the pension is established on the basis of the salary rights that a parliamentary public official has in activity, with the same level of pay and on the same public office. (12) The provisions of par. (11) only persons whose service report has ceased under the conditions of art. 64 lit. a), b) and e) of this law. (13) The survivor's pension is due to the children and the surviving spouse of the parliamentary civil servant, under the conditions art. 83 83-92 of Law no. 263/2010 , with subsequent amendments and completions. (14) The rules on the establishment of the service pension provided for by this Law will be approved by joint order of the Secretaries-General of the two Houses of Parliament and of the President of the National House of Public Pensions and shall be published in Official Gazette of Romania, Part I. " 2. In Article 93, paragraph 5 shall be amended and shall read as follows: " (5) The provisions of art. 41, 43, 73 and 73 ^ 1 also benefit the staff provided in art. 5 5 para. ((4). ' 3. In Article 94, paragraph 1 shall be amended and shall read as follows: "" Art. 94. -(1) Provisions of art. 44, 73 and 73 ^ 1 of this Law shall also apply accordingly to civil servants of the Legislative Council-specialized advisory body of the Parliament-and its members, as well as to the staff of the Constitutional Court assimilated, according to the law, to the one with similar functions in the structures of + Article II Parliamentary civil servants and their assimilates, pensioners on August 31, 2010, whose pensions were reduced, as well as those retired after this date, who fall under the provisions of this law, benefit, on request, from the pension rights set out in this Act. The pension granted is calculated by assimilation with the corresponding functions of persons in activity with the same level of pay in the amount provided for art. 73 ^ 1 para. ((3), (4) or (8), as the case may be, of Law no. 7/2006 on the status of parliamentary civil servants, republished, with subsequent amendments and completions, as well as with those brought by this law. Art. 73 ^ 1 para. ((5), (6) and (13) shall apply accordingly. The rights shall be granted from the month following the application for the granting of the pension. + Article III This law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I. 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, July 21, 2015. No. 215. ------