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Law No. 7 Of 18 January 2016 Amending And Supplementing Law No. 94/1992 On The Organization And Functioning Of The Court Of Auditors

Original Language Title: LEGE nr. 7 din 18 ianuarie 2016 pentru modificarea şi completarea Legii nr. 94/1992 privind organizarea şi funcţionarea Curţii de Conturi

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LEGE no. 7 7 of 18 January 2016 (* updated *) to amend and supplement Law no. 94/1992 on the organisation and functioning of the Court ((updated until 19 March 2016 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Article I Law no. 94/1992 on the organization and functioning of the Court of Auditors, republished in the Official Gazette of Romania, Part I, no. 238 of 3 April 2014, shall be amended and supplemented as follows: 1. In Article 48, paragraph 1 shall be amended and shall read as follows: "" Art. 48. -(1) Under the chairpersons, vice-presidents and advisers of accounts of the Court of Auditors, as well as of the Audit Authority shall be organized and operated by a cabinet, which falls under contract staff. " 2. In Article 51, after paragraph 1, 17 new paragraphs are inserted, paragraphs 2 to 18, with the following contents: " (2) Persons who have performed the function of external public auditor for a period of at least 14 years in the Court of Auditors shall benefit, when fulfilling the standard retirement conditions provided by the legislation in force on the public system of pensions, of service pension, in the amount of 80% of the calculation base represented by the average of monthly gross incomes made, of a permanent nature, corresponding to the last 12 months of activity prior to the month in which the application for retirement is submitted. The income that constitutes the basis for the calculation of the service pension does not include the risk increase and neuropsychiatric overuse of 50% nor the increase of up to 75% of the basic salary, won in court. (3) The service pension provided in par. (2) also benefit persons who have fulfilled the function of external public auditor, when fulfilling the standard retirement conditions provided by the legislation in force on the public pension system, of which at the Court of Accounts minimum 4 years, case in which the amount of pension referred to in paragraph (2) will be reduced by 1% for each year missing from the age of 14. (4) For the age of over 14 years as external public auditor in the Court of Auditors, the amount of the pension is 80% of the calculation base provided for in par. ((2). ((5) 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. (6) With the establishment of the amount of the service pension, the public sector age pension is also established, according to the legislation in force on the public pension system. (7) 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. (8) Persons who meet the conditions of seniority in the Court of Auditors, provided in par. (2), shall benefit, when fulfilling the standard retirement conditions provided by the legislation in force on the public pension system, of 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 gross monthly income of the last 12 months prior to the month in which the application for retirement is submitted, made by external public auditors in activity under conditions identical function, seniority, grade or step where the applicant has worked, prior to release from the position of external public auditor. (9) The provisions of par. ((8) Only persons who have been released from the position of external public auditor of the Court of Auditors for reasons not attributable to them can benefit. (10) The service pensions of the external public auditors of the Court of Auditors 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 external public auditor in activity, with the same level of pay, in identical conditions of function, seniority, degree or rung. If the update results in a lower pension, the pension in payment shall be kept. (11) The service pension also benefits external public auditors who, at the time of applying for this pension, are pensioners for the age limit in the public pension system. In this case, the amount of the service pension is 80% of the calculation base represented by the average gross monthly income determined according to par. ((2), carried out by an external public auditor in activity, under identical conditions of function, seniority, grade or step. (12) It is borne from the state budget, through the budget of the Ministry of Labor, Family, Social Protection and Elderly, the part of the service pension that exceeds the pension level in the public pension system. ((13) The pension provided for in this Article has the legal regime of an old-age pension. (14) The elements necessary to establish the service pension provided by this law regarding the seniority as external public auditor and the basis for the calculation of the pension shall be proved with the document issued by the Court of Auditors, on the responsibility its. ((15) The payment of the pension provided for by this Law is as follows: a) from the date of issue of the position, provided for in the decision issued by the President of the Court of Auditors, in the situation of external public auditors in activity at the date of submission of the b) from the date of granting the pension, in the situation of the persons referred to in ((8). (16) The provisions of this law on service pensions granted to external public auditors of the Court of Auditors shall be supplemented by those of the legislation on the public pension system, with regard to the methods of establishment, payment, as well as those relating to the modification, suspension, resumption, termination and recovery of the amounts collected unearned and jurisdiction. (17) 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. (18) The term "external public auditor" means persons performing activities specific to the Court of Auditors, those who perform other tasks strictly related to the control function, those which are assimilated to external public auditors, as well as persons holding the management positions of director, deputy director, head of service/head office regional audit and head office of the specialized structures of the Court of Accounts and of the Audit Authority. " + Article II (1) This law shall enter into force 60 days after its publication in the Official Gazette of Romania, Part I. (2) Within 30 days from the date of entry into force of this Law, the rules on the establishment of the service pension shall be approved by joint order of the President of the Court of Auditors and of the President of the National House of Public Pensions and shall be publish 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 ---------- The signatures have been modified by RECTIFICATION no. 7 7 of 18 January 2016 published in MONITORUL OFFICIAL no. 53 53 of 25 January 2016. Bucharest, 18 January 2016. No. 7. -------