Advanced Search

Law No. 72 Of April 28, 2016 On The System Of Pensions And Other Social Insurance Rights Lawyers

Original Language Title: LEGE nr. 72 din 28 aprilie 2016 privind sistemul de pensii şi alte drepturi de asigurări sociale ale avocaţilor

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 72 72 of 28 April 2016 on the pension system and other social security rights of lawyers
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 342 342 of 5 May 2016



The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 The right to social security of lawyers is exercised under the conditions of this law through the single, own and autonomous system of pensions and other social security rights, hereinafter referred to as the pension system and other social security rights of Lawyers. + Article 2 The pension system and other social security rights of lawyers shall be organised and operated in accordance with the following fundamental principles: a) the principle of autonomy, a principle that, according to the present law, is the basis for the self-administration of the pension system and other social security rights of lawyers; b) the principle of uniqueness, according to which the pension system and other social security rights of lawyers are structured and built on the same rules of law for all participants in the system; c) the principle of contribution, according to which the pension fund and the one intended for other social security rights are constituted on the basis of the mandatory contribution due by each lawyer, the right to pension, as well as the other insurance rights social due to paid social security contributions; d) the principle of obligation, by virtue of which all lawyers have the obligation to participate in their own pension system and other social security rights, the rights exercised correlative only with the fulfilment of their obligations; e) the principle of equality, which ensures all participants in the pension scheme and other social security rights of lawyers a non-discriminatory treatment between persons in the same legal situation, as regards the rights and obligations under this law; f) the principle of public interest, according to which the right to pension and other social security rights is a right of the category of fundamental rights, guaranteed by the Romanian Constitution for the purpose of social protection; g) the principle of social solidarity, through which participants in the pension system and other social security rights of lawyers assume obligations and benefit from rights to prevent, limit or eliminate social risks provided by virtue of this law; h) the principle of specialization of contributions and funds, on the basis of which the contribution to the pension system and other social security rights of lawyers, as well as the social benefits generated by it must be distinctly found in the fund of pensions and in the fund for other social security rights; i) the principle of distribution, in accordance with which the pension fund and the one intended for other social security rights are redistributed for the payment of the obligations of the pension system and other social security rights of the lawyers, according to this law; j) the principle of unpredictability, by virtue of which the right to a pension is not prescribed; k) the principle of slowness, in accordance with which the right to a pension cannot be given, in whole or in part; l) the principle of flexible decentralization, ensuring the efficient development and administration of the patrimony of the system with the protection of integrity and its unity, through the Insurance House of Lawyers, hereinafter referred to as C.A.A., and its dismantling; m) the principle of decision-making transparency, according to which the governing bodies of the own, autonomous, pension and other social insurance rights of lawyers have the obligation to inform and submit to the debate normative acts, to analyze their proposals and to release the adopted decisions, to ensure transparency on the administration of the pension fund and the social security fund and on investments. + Article 3 Within the meaning of the present law, the following terms and expressions have the following meanings: a) insured-Romanian and foreign lawyers who appear in the paintings of lawyers with the right to exercise the profession and who have paid social security contributions in the own system of lawyers, retired lawyers and their descendants with own pension rights; b) social insurance of lawyers-the right to pension and other social security rights of the lawyers provided for in this law and in other normative acts adopted by the governing bodies of the profession of lawyer; c) bar-legal person of public interest, established according to Law no. 51/1995 for the organization and exercise of the profession of lawyer, republished, with subsequent amendments, made up of all lawyers registered in the painting of lawyers who have their main professional headquarters in the localities within the territorial organization d) taxpayer-the lawyer enrolled in the bar, with the right to exercise the profession and who has the obligation to pay the contributions of the own pension system and other social security rights of the lawyers; e) statement on individual monthly gross income-the document filed with branches or branches of the C.A.A. in which the lawyer attests, under signature, the income made from the fees in the month for which he makes the payment and for which he pays contribution to the pension scheme and other social security rights of lawyers; f) subsidiaries-entities of public interest, with legal personality, budget and own patrimony, operating as decentralized units of C.A.A., under its coordination, according to the law, to the Statute of the C.A.A., to the decisions of the C.A.A. and to the National Union of the Romanian Bars, hereinafter referred to as U.N.B.R.; g) incapacity to work-any medical situation defined by the health insurance indemnity codes, listed by the medical certificate issued under the law; h) assimilated periods-periods for which social security contributions were not due or paid and which are assimilated to the contribution period in the pension system and other social security rights of lawyers; i) social security benefits-replacement income granted, in the production of insured risks, in the form of pensions, aid or other types of allowances, provided by this law, for the total or partial loss of insured income; j) monthly score-the number of points made by insured in a month, calculated by reporting the individual monthly gross income, or, as the case may be, the monthly gross income related to the legal contribution paid, to the monthly reference income, by profession, from the month that is, communicated by C.A.A.; k) annual score-the number of points made by insured during a calendar year, obtained by dividing by 12 the amount of monthly scores; l) average annual score-the number of points made by insured, calculated by reporting the total score made by him during the period of contribution to the pension system and other social security rights of lawyers in the number of years corresponding to the full contribution period, provided by law at the date of retirement; m) technical reserve-the volume of assets necessary to cover the payment obligations of the fund; n) insured risks-events that, when producing their effects, oblige C.A.A. to grant insured social benefits, in compliance with the provisions of this law; o) the financial situation of the system-the economic and financial state of all pension system entities and other social security rights of lawyers, established at a time of reference on the basis of accounting records and verifications specialty, of assessments on the forecast of the evolution of the system, in relation to the economic and financial indicators provided in the own assessment standards of an insurance system; p) contribution period-the period of time for which social security contributions to the pension system and other social security rights of lawyers were due and paid; q) full contribution period-the period of time, provided by this law, in which the insured have completed the contribution period in order to be able to benefit from the pension from the pension system of the lawyers; r) necessary contribution period-the period of time, provided by this law, depending on the age, in which the insured have completed the contribution period for obtaining a disability pension; s) minimum contribution period-the minimum period of time, provided by this law, in which the insured have completed the contribution period in order to be able to benefit from the pension at the fulfillment of the standard retirement age; s) potential internship-the period of time provided by this law, considered as a contribution period and granted to the calculation of the invalidity pension, as a credit for the unrealized contribution period due to the conditions that generated the invalidity; t) branches-dismemberments of the C.A.A., without legal personality; t) the standard retirement age-the age established by this law, for men and women, to which they can obtain the old-age pension, under the law, as well as the age from which the discounts provided by the law are operated; u) gross income related to the contribution paid-the amount of the legal contribution paid, multiplied by the ratio between 100 and the percentage share of the mandatory contribution; v) reference income-gross average income for the profession of lawyer, established annually by decision of the U.N.B.R. Council and used in the calculation of all social security benefits under the pension system and other insurance rights social of lawyers. + Article 4 The administration of the pension system and other social security rights of the lawyers is carried out through the C.A.A. and through its subsidiaries, which are organized, operate and perform the duties provided by this Law and the Statute of the C.A.A. + Article 5 (1) They are members of law of C.A.A. all Romanian and foreign lawyers who appear in the paintings with the right to exercise the profession, the retired lawyers and their descendants with their own rights in retirement. The rightful members of the C.A.A. have the quality of its insured. (2) The lawyers registered in the bar who do not appear in the picture of lawyers with the right to exercise the profession are entitled to social security benefits corresponding to the period in which they exercised their profession, under the conditions provided by this law. (3) The insured persons have the obligation to pay social security contributions and have the right to benefit from social security benefits, according to this law. + Article 6 (1) It constitutes a contribution period for the periods in which the insured has paid his legal contribution of social insurance to the funds of the pension system and other social security rights of the lawyers. (2) When establishing the contribution period, for the periods prior to this law, the contribution period calculated according to the laws that used this phrase will be considered. It constitutes a contribution period and the seniority in the profession of lawyer recognized for the establishment of pensions until May 28, 2001. (3) For the period during which the lawyer exercised the profession and contributed to pension scheme funds and other social security rights, insured persons receive a single pension, in relation to the contribution period and with their own legal contribution to social security funds. (4) If the insured no longer have the status of lawyer, the period for which the legal social insurance contributions to the funds administered by the C.A.A. were paid constitutes a contribution period in the pension system and other rights of Lawyers ' social security. Legal social security contributions are not refunded. (5) The contribution period shall be determined and expressed in years, months and calendar days. + Article 7 (1) The period of time in which a lawyer is a parliamentarian shall be taken into account when establishing the contribution period, in the conditions of paying the legal contribution to the funds administered by C.A.A. during the term of office. (2) The parliamentary allowance combined with any income from the activity of lawyer, carried out during the parliamentary term, shall be considered income from the profession, taking into account the establishment of pension rights in its own system of pensions and other social security rights of lawyers. + Article 8 (1) The records of social security rights and obligations in the pension system and other social security rights of lawyers shall be ensured by the C.A.A., under the conditions provided by this Law and by the Statute of the C.A.A. (2) The nominal records of the insured persons and their payment obligations shall be made on the basis of the personal numerical code. (3) For the periods prior to the entry into force of this Law, the certification of the contribution period and the insured's score shall be made by the subsidiaries of the C.A.A., of branches or bars, as the case may be, until full takeover and processing data on the records of insured persons by C.A.A. (4) The Bars and subsidiaries of the C.A.A. are obliged to provide and communicate to the C.A.A., for each lawyer, the record of periods in which he exercised the profession of lawyer, namely the record of contributions to C.A.A. funds, as well as any other data requested by C.A.A. (5) Until the acquisition and processing of the data provided in par. (4) the certification of the insurance contribution period of the insured will be made by the subsidiaries of the C.A.A., of branches or bars, as the case may be, in relation to the records held by them. + Article 9 (1) In the pension system and other social security rights of lawyers, the pension and other social security benefits represent income of replacement for the total or partial loss of income from the profession, as a result of the production the following risks: a) the fulfillment of the age limit provided by law; b) invalidity, as a result of accidents or diseases; c) maternity; d) child rearing, under the law; e) death. (2) Social insurance claims for lawyers are granted in the form of pensions, allowances or aid, corresponding to the actual contributions to the constitution of the system funds. (3) Pensions have as an exclusive basis the calculation internships in the profession and the legal contributions paid by the insured lawyer. (4) The allowances and the aid shall be the basis for the calculation of the contribution periods, the legal contributions paid by the insured lawyer, as well as the possibilities of the system. (5) The obligations and benefits of social security within the pension system and other social security rights of the lawyers shall be paid in national currency. + Chapter II Pension system budget and other social security rights of lawyers + Article 10 (1) The pension system and other social security rights of lawyers have their own budget. (2) The budget of the pension system and other social security rights of the lawyers includes the system's income and expenses. (3) The budget shall be prepared annually by the C.A.A., based on the proposals of the subsidiaries, and shall be subject to the approval of the Congress + Article 11 The system revenue structure comprises: a) mandatory monthly contributions of each lawyer enrolled in the bar, with the right of exercise of the profession, established periodically by the U.N.B.R. Council -on proposal of the Board of Directors of C.A.A. -to cover the payment needs of the system; b) voluntary monthly contributions of each lawyer enrolled in the bar, with the right of exercise of the profession, in the amount and under the conditions established by the contract between the insurer and insured, in the form regulated by the U.N.B.R. Council; c) incomes made from the use of the system patrimony in economic activities producing income, under the law; d) interest from placements; e) increases for late payment of compulsory monthly contributions; f) donations, subsidies and other income provided by law or by the Statute of the C.A.A. + Article 12 The structure of expenditure shall include a) the value of pension benefits and other social security rights; b) expenses related to the organization and operation of c) financing of own investments; d) other expenses provided by law or by the Statute of C.A.A. + Article 13 (1) Of the income provided in art. 11 a quota of at least 5% shall be taken annually for the establishment of a reserve fund of the C.A.A. system. (2) The reserve fund shall be used to cover social security benefits in duly motivated situations and approved by the Board of Directors of the C.A.A. (3) The U.N.B.R. Council, based on a specialized analysis, may modify, by decision, the quota for the establishment of the reserve fund, in compliance with the ceiling provided in par. ((1). (4) The reserve fund may not exceed the level of expenditure for the next 36 months, relative to the budgetary expenditures of the previous year. The reserve fund shall be completed in the years in which the budget of the pension system and other social rights and insurance of lawyers is surplus and only after covering the budget deficits of previous years. (. The reserve fund shall be carried over to the following year, to be completed under the conditions of this Article. + Article 14 (1) The reserve fund shall be managed centrally by the Board of Directors of the C.A.A., in separate account. (2) The branches shall pay monthly, from the amounts collected, in the C.A.A. account, the amount taken for the establishment of the reserve fund, within 30 days from the expiry of the month for which the contribution is paid. (3) The exceeding of the term of transfer by the subsidiaries of these contributions entails the obligation to pay the late increases, in the amount of 0.02%, applied to the amount due, for each day of delay. ((4) The obligation to pay the late increases returns, jointly and severally, to all the members of the board of directors of the branch and the head of the accounting service or to the person who has the right of signature for the financial-accounting activity of the subsidiary. (5) The management of the reserve fund is subject to control and approval of the U.N.B. + Article 15 (1) For the expenses necessary for the operation of C.A.A., the subsidiaries will contribute monthly with a share of no more than 5% of the total amount of contributions to the system actually collected. The U.N.B.R. Council will determine each year, by decision, the contribution rate, depending on the financial situation of the system. (2) The decisions of the U.N.B.R. Council provided in par. ((1) and in art. 13 13 para. (3) are subject to ratification by the Congress of Lawyers + Article 16 (1) The current deficit of the budget of the pension system and other social security rights of the lawyers, at central level or of the C.A.A. branches, shall be covered by the availabilities of the system budget of the previous years. (2) If the deficit at the level of the C.A.A. branches is not covered under the conditions of par. (1), for the difference, the deficit shall be covered by the C.A.A. from the availability of the centralized reserve fund, after a thorough analysis and verification of it. + Article 17 (1) Within the budget of the pension system and other social security rights of lawyers, two specialized, distinct funds shall be established and financed: a) the pension fund of the lawyers; b) the fund for other social security rights of lawyers. (2) The payment obligations of the pension fund are exclusively represented by the payment of the pension categories provided for in the head. IV of this law. (3) The payment obligations of the fund for other social security rights are represented by the payment of social security rights laid down in the head. V of this law, as well as the coverage of the operating expenses of C.A.A., subsidiaries or branches. (4) The C.A.A. Statute establishes the single payment percentages for the pension fund and the social insurance fund of the lawyers, as well as the management of the specialized funds. + Article 18 (1) In order to protect the interests of insured persons, C.A.A. monitors the solvency of the pension fund and the fund for other social security rights. (2) The monitoring of solvency is carried out by the actuarial evaluation of the system funds, carried out by specialists in the field. (. The actuarial assessment shall be carried out distinctly on each system fund and shall aim at determining at least the following elements: a) the present actuarial value of future payment obligations; b) the present actuarial value of future contributions; c) the value of the necessary technical reserve d) the amount of the financing rate (4) The U.N.B.R. Council or the Board of Directors of the C.A.A. may set additional requirements on the actuarial valuation. + Chapter III Contributions to pension scheme funds and other social security rights of lawyers + Article 19 (1) The lawyer enrolled in the bar, with the right to exercise the profession, is obliged to contribute monthly to the constitution of pension system funds and other social security rights of lawyers, from the moment of his receipt in the profession. (2) The basis for calculating the mandatory individual contributions to the system funds is the monthly gross income realized from the profession. ((3) The lawyers who continue to work in the legal profession, after meeting the retirement conditions for the age limit in the C.A.A. system, necessarily contribute to the funds of the insurance system. + Article 20 (1) In order to establish and use the funds of the system, the lawyer will pay monthly, with the title of compulsory individual contribution, a percentage share of the monthly gross income made from the profession. (2) The compulsory individual contribution represents an amount equivalent to a minimum rate, in case of non-realization of income from the profession, respectively an amount equivalent to a maximum rate, in case of income from the profession exceeding a ceiling established. (3) The percentage share referred to in par. ((1), as well as the amounts representing the minimum and maximum mandatory contribution rates provided in par. (2) shall be established, by decision, by the U.N.B.R. Council, at the proposal of the Board of Directors of the C.A.A., depending on the current and prospective needs of the pension system and other social security rights of lawyers. + Article 21 ((1) Upon payment of contributions, including by bank transfer, the lawyer is obliged to attest, in writing and under signature, the income earned from the fees in the month for which the payment is made and for which he pays the contribution rates, in the conditions provided by law. (2) The lawyer who pays the maximum contribution rate for pension system funds and other social security rights of lawyers is not required to declare the amount of additional income to the paid quota. The obligation to declare the income for which the maximum contribution rate is due shall be maintained. (3) The archiving of statements on individual monthly gross incomes, made of fees or revenues for which contributions to the system are due, is held on electronic or material support. (4) The term of retention of archived statements is 5 years. + Article 22 (1) The reference income used for the calculation of social security benefits shall be established annually, by decision of the U.N.B.R. Council, in relation to: a) the proceeds made by way of contribution rates to the pension system and other social security rights of the lawyers, in the previous year to the one for which this income is established; b) financial situation of the system; c) the preliminary evolution of the system, established by actuarial analysis. ((. The reference income used in the current year shall be determined by 30 March at the latest and shall be valid for a period of one year from the date of establishment. (3) The reference income shall be released by publication of the decision on the website of the U.N.B.R. + Article 23 Subsidiaries and lawyers are required to make available to the C.A.A. system of censors and financial inspectors the annual income tax returns recorded on public finances, as well as all other data and documents on income in relation to which the contribution due for pension scheme funds and other social security rights of lawyers is determined. + Article 24 ((1) The payment of the monthly contributions for the funds of the pension system and other social security rights of the lawyers will be made at the branch or branch, until the 25th of the month following that for which the payment is due. (2) In case of payment of the contributions by order of payment, the payment shall be deemed made at the date of debiting the bank account of the If the 25th of the month is a non-working day, the payment of the contributions shall be counted if it is made on the working day immediately following the 25th. + Article 25 (1) Overcoming the term of payment of contributions to pension scheme funds and other social security rights of lawyers attracts the obligation to pay the late payments applied to the amount due, calculated for each day of delay, until the date of payment of the amount due, including, in the amount provided by the Statute of the legal profession. (2) The amounts representing late increases shall be made to the budget of the subsidiaries in the fund for other social security rights of the lawyers. Late increases may not exceed the amount of the debit recorded in the payment of the mandatory contribution. ((3) The payment of late increases does not confer additional social security rights. + Article 26 (1) The period for which social security contributions are due in the pension system and other social security rights of lawyers shall be recorded in months. (2) The debts to pension system funds and other social security rights of lawyers, principal and accessories, shall be extinguished in the order of seniority, in compliance with the legal rules on the imputation of payment. (3) Compulsory, legally paid contributions are not subject to restitution. (4) I am an exception to the provisions of para. (3) the amounts paid in addition to the level of the legal obligation, which shall be returned upon request within the limitation period of 5 years. (5) Social insurance contributions to pension scheme funds and other social security rights of lawyers shall not be taxed. (6) Social insurance contributions to pension system funds and other social security rights of lawyers due and unpaid shall be pursued within the limitation period of 5 years. + Chapter IV Pensions + Article 27 Lawyers are entitled to the following pension categories: a) the old-age pension; b) the permanent withdrawal pension from the profession; c) early pension; d) invalidity pension; e) survivor's pension. + Section 1 Pension for the age limit + Article 28 The old-age pension is due to insured persons who cumulatively meet, at the time of retirement, the legal conditions regarding the standard retirement age and the minimum contribution period provided by this law. + Article 29 (1) The standard retirement age is 65 for both men and women. ((2) The attainment of the standard retirement age will be achieved by increasing the retirement age, according to the staggered set out in Annex no. 1. + Article 30 (1) The minimum contribution period for both women and men is 15 years. (2) The increase of the minimum contribution period will be carried out according to the instalment set out in Annex no. 1. + Article 31 (1) The complete contribution period is 35 years for both men and women. (2) The attainment of the full contribution period will be achieved by increasing it according to the staggered set out in Annex no. 1. + Article 32 (1) Between the pension system and other social security rights of lawyers and the unitary system of public pensions, namely other compulsory pension schemes not integrated in it, the contribution internships for opening up to the opening of the pension system shall be mutually recognised. the right to pension for the pension categories provided for in art. 27 lit. a), b), d) and e). (2) In the pension system and other social security rights of lawyers, the pension shall be established only for the contribution period made in this system. (3) The contribution period in the profession of lawyer for which it was granted, according to the law, pension in other systems is no longer taken into account when establishing the pension in the pension system and other social insurance rights of lawyers. (4) The contribution period in the profession of lawyer taken into account, according to the law, when establishing the magistrate pension is no longer taken into account when establishing the pension in the pension system and other social insurance rights of lawyers. (5) The contribution periods recognised as contribution periods and other social security schemes shall be taken into account when establishing the pension only in one of the systems. (6) The contribution internships made in the pension system and other social security rights of the lawyers prior to May 28, 2001 will be capitalized on the establishment of the final withdrawal pension from the profession, insofar as they were not harnessed to the establishment of pension in other systems. + Article 33 (1) In the pension system and other social security rights of lawyers shall be assimilated to the contribution period and non-contributory periods, hereinafter referred to as assimilated periods, in which the insured: a) attended the day courses of the legal university education, organized according to the law, for the normal duration of the respective studies, provided they graduate with the diploma; b) satisfied the military service, that military in term or military with reduced term, for the established legal duration, was concentrated, mobilized or in prisoner. (2) Insurance that have graduated several university educational institutions, according to the provisions of par. ((1) lit. a), benefit from assimilation, as a contribution period, of a single period of studies, of choice. (3) Persons referred to in par. ((1) lit. a) benefit from assimilated periods, if during these periods they did not achieve contribution internships under the conditions of this law or of Law no. 263/2010 on the unitary public pension system, with subsequent amendments and completions. (4) The assimilated periods provided in par. ((1) shall be used only for obtaining the old-age pension, the final withdrawal pension from the profession, the invalidity pension and the survivor's pension. (5) The periods assimilated to the contribution period, which constitute a contribution period both in the public pension system and in the pension system and other social security rights of lawyers, shall be taken into account, optionally, only in one of the systems. (6) The assimilated periods are not taken into account for obtaining the final withdrawal pension, if the lawyer already benefits, at the time of retirement from the social insurance system of lawyers, pension from another social security system, pension established only for the contribution period of that system. + Article 34 ((1) The insured persons who have completed the full contribution period and who have raised at least one child up to the age of 10 shall benefit from the reduction of the standard retirement age, as follows: a) by 6 months-for a child; b) with one year-for 2 children; c) by 18 months-for 3 children; d) by 2 years-for 4 or more children. ((2) Reducing the standard retirement age in accordance with the provisions of par. (1) may not be cumulated with any other reduction provided for by this law or other special laws. ((3) Provisions of para. ((1) and (2) shall apply subject to the existence of equivalent provisions in the law governing the unitary system of public pensions. + Section 2 Pension for final withdrawal from the profession + Article 35 ((1) Insurance that meet the conditions laid down in art. 28, 29 and 31 may continue the exercise of the profession of lawyer, even if they retire for the age limit, under the conditions provided by this law and the Statute of the profession of lawyer. (2) Retired lawyers in the pension system and other social security rights of lawyers and lawyers who are pensioners of other compulsory pension schemes, if they exercise the profession further, are required to contribute to the constitution. pension system funds and other social security rights of lawyers, under the terms of this Law and the Statute of the C.A.A. (3) After the termination of the activity and the removal from the profession, the lawyers may request the calculation of the final withdrawal pension from the profession, under the present law (4) The old-age pension will no longer be able to be recalculated by taking into account the period during which the profession was exercised after retirement than by making it a pension for final withdrawal from the profession. (5) The lawyers who aggregate the income from the profession with the pension from the pension system and other social insurance rights of the lawyers can capitalize on the contribution period made after the retirement date for the age limit only under the conditions of par. ((3) and (4). (6) In the case of lawyers who aggregate the income from the law with pensions from other social security systems, established before May 28, 2001, the contributions paid to the pension system funds and other social security rights of lawyers will be considered only when establishing the final withdrawal pension from the profession. (7) Lawyers in the situation referred to in par. (6), upon request, may request only the pension for final withdrawal from the profession. (8) Lawyers exercising the profession under the conditions of par. (1) and (2) may request the pension for final withdrawal from the profession, without the right to exercise it, after they present the decision to terminate the quality of lawyer and the deletion from the Lawyers ' Table, issued by the bar. (9) The amount of the pension for final withdrawal from the profession is established after the cessation of the activity in the profession and the deletion from the Lawyers ' + Article 36 (1) The pension for final withdrawal from the profession cannot be transformed into any other pension category. (2) The pension for final withdrawal from the profession can only be recalculated for the invalid contribution internships at the date of opening of the pension right for final withdrawal and made prior to the opening of this right. (3) In the calculation of the pension for final withdrawal from the profession, the average annual score related to the assimilated internship is added, if it was not taken into account when establishing the pension for the age limit. (4) After obtaining the pension for final withdrawal from the profession, its beneficiary can no longer return to the profession. + Section 3 Early pension + Article 37 (1) The anticipated pension shall be due, no later than 5 years before the standard retirement age, to insured persons who have exceeded by at least 5 years the complete contribution period realized only in the profession of lawyer. (2) When determining the contribution period for the granting of the early pension, the periods of assimilated internship shall not be taken into account. (3) Reducing the age provided in par. (1) may not be cumulated with any other reduction provided for by this law or by other special laws. (4) The amount of the anticipated pension shall be determined under the same conditions as that of the old-age pension. + Article 38 (1) On the date of fulfilment of the conditions in order to benefit from the old-age pension, the early pension can be transformed, on request, only into retirement pension from the profession, after the deletion from the Lawyers ' Table. (2) The early pension is granted at most until reaching the age of 70 when, ex officio, the lawyer is removed from the Lawyers ' picture and the early pension turns into a pension for final withdrawal from the profession and recalculates by the addition of uncapped assimilated periods and possible contribution internships carried out during the anticipation period. (3) After the conversion of the anticipated pension into retirement for final withdrawal from the profession, the pension beneficiary can no longer return to the profession. (4) The early pension can only be converted into a pension for permanent withdrawal from the profession without the right to exercise the profession. + Section 4 Invalidity pension + Article 39 Have the right to invalidity pension lawyers who have totally lost their ability to work because of: a) common diseases; b) accidents at work; c) accidents that are not related to work. + Article 40 In relation to the degree of reduction of work capacity, the invalidity may be: a) degree I disability, characterized by total loss of work capacity and self-care capacity, the invalid requiring permanent care or supervision from another person; b) Grade II disability, characterized by total loss of work capacity, with the possibility of invalid to self-care, without the help of another person. + Article 41 Criteria and rules on the basis of which the classification provided for in art. 40 are those established under Law no. 263/2010 on the unitary public pension system, with subsequent amendments and completions. + Article 42 (1) The assessment of the work capacity in order to establish the degree of invalidity is made by the doctor specialized in the medical expertise of the work capacity of the National House of Public Pensions, hereinafter referred to as the expert doctor of insurance state social. (2) For the assessment of the work capacity, the applicant's application and medical documents shall be submitted to the office of medical expertise of the work capacity within the competent territorial pension house, depending on the applicant's domicile. (3) Following the clinical examination and analysis of medical documents, the expert doctor of social insurance complements the medical expertise report of the work capacity and issues the medical decision on the work capacity. (4) If, for the issuance of the medical decision provided in par. (3), further investigations or specialized examinations are necessary, the expert doctor of social insurance proposes, as the case may be, to extend the duration of the leave for temporary incapacity to work, under the law. (5) The medical decision referred to in par. ((3) shall be issued within 45 days from the date of registration of the application and shall be communicated within 5 days from the issue. In the situations provided in par. ((4), the time limit for issuing the medical decision shall be extended accordingly. (6) The medical decision on the work capacity can be challenged within 30 days of communication to the medical committees of appeals. (7) The medical appeals commissions operate within the regional centers of medical expertise of the work capacity and of the National Institute of Medical Expertise and Work Capacity Recovery. (8) The appeal provided in par. ((6) shall be settled within 45 days of registration. The decision issued in the resolution of the appeal shall be communicated within 5 days from the date of the settlement. (9) Decisions of the medical commissions of appeals given in the resolution of appeals provided in par. ((8) may be appealed to the competent courts within 30 days of the communication. (10) Medical decisions on work capacity, as well as the decisions provided in par. ((9) not contested within the period shall remain final. + Article 43 For the application of art. 42 a collaboration protocol is concluded between the National House of Public Pensions and the C.A.A. + Article 44 Insured persons who have lost their ability to work benefit from invalidity pension, regardless of their age or contribution period. + Article 45 (1) When determining the invalidity pension, the insured persons benefit from a potential internship, determined as the difference between the complete contribution period and the contribution period actually achieved until the date of granting the invalidity pension. (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 granting the disability pension until reaching the standard retirement age, the age at which, under the law, he can apply for a pension. Age limit. (3) For insured persons who have contributed to other social security systems, the potential internship is proportional to the contribution period in the pension system and other social security rights of the lawyers, compared to the entire period of contribution to compulsory social insurance schemes. (4) The potential internship provided in par. (3) is determined by multiplying the internship potentially calculated according to par. ((1) and (2) with the ratio of the contribution period to the pension system and other social security rights of lawyers and the total contribution period in compulsory social insurance systems. (5) The potential internship is determined in years, months and days. + Article 46 (1) Pensioners classified in the first degree of invalidity shall be entitled, outside the pension, to an allowance for the attendant, in an amount established by decision of the Board of Directors of the C.A.A., which cannot exceed the reference income by profession. The accompanying allowance is borne from the lawyers ' pension fund. (2) The amount of the accompanying allowance shall be updated by decision of the Board of Directors of C.A.A. (3) If the insured has a contribution period and in other mandatory pension and social insurance systems, the accompanying allowance will be granted by the system in which the insured has achieved the highest contribution period. + Article 47 (1) Disability pensioners are subject to periodic medical review, depending on the condition, at intervals between one year and 3 years, until the standard retirement ages, at the deadlines set by the insurance expert doctor. social. (2) After each medical review, the expert doctor of social insurance issues a new medical decision on the ability to work, establishing, as the case may be: a) maintenance in the same degree of disability; b) classification in another degree of invalidity; c) regaining the work capacity. (3) The right to invalidity pension shall be amended or terminated from the month following that in which the medical decision on the work capacity was issued, issued following the medical review. ((4) The non-submission, for reasons attributable to the pensioner, to the medical review draws the suspension of the payment of the pension from the month following the month in which the medical review was provided or, as the case may be, (5) The medical review can also be carried out at the request of pensioners, if the state of their health has improved or, as the case may be, worsened. (6) The medical decision on the work capacity issued at the medical review shall be subject to the appeal and/or resolution procedure, according to art. 42. + Article 48 (1) They shall not be subject to periodic medical review of invalidity pensioners which: a) have invalidities that irreversibly affect the ability to work; b) have reached the ages provided by this law for obtaining the old-age pension; c) are younger, up to 5 years old, compared to the standard retirement age and have completed the complete contribution internships according to this law. (2) The finding of the situation provided in par. ((1) lit. a) is done only with the opinion of the National Institute of Medical Expertise and Work Capacity Recovery. + Article 49 (1) On reaching the standard age necessary to obtain the pension for the age limit, the invalidity pension becomes an old-age pension. (2) In the situation referred to in par. ((1) the amount of the most advantageous pension shall be granted ex officio. (3) The allowance for the attendant provided for in art. 45 45 is also maintained during the granting of the old-age pension. (4) Persons who have reached the standard retirement age may no longer apply for invalidity pension. + Article 50 (1) In the case of employment in another degree of invalidity of invalidity pensioners, the pension related to the new degree of invalidity shall be calculated in view of the percentages corresponding to the new degree of invalidity applied to the potential internship for unworked periods. (2) In the potential stage, the period during which the insured person has benefited from invalidity pension is also included. (3) The transition from the invalidity pension to the old-age pension is made according to the provisions of art. 28. + Article 51 (1) The invalidity pension shall not be cumulated with the realization of income from the legal profession. (2) If the retired disability lawyer professes and realizes income from the profession, the disability pension shall be suspended by law. + Section 5-a Survivor's pension + Article 52 The survivor's pension is due to the children and the surviving spouse, if the deceased supporter was retired or met the conditions for obtaining a pension. + Article 53 Children are entitled to survivor's pension: a) up to the age of 16; b) if they continue their studies in a form of education organized according to the law, until its end, without exceeding the age of 26; c) for the duration of invalidity of any degree, if it arose during the period in which they were in one of the situations referred to in lett. a) or b). + Article 54 (1) The surviving spouse is entitled to lifelong survivor's pension, at the standard retirement age, if the duration of the marriage has been at least 10 years and does not have another source of permanent income or does not have a pension right Own. (2) If the duration of the marriage is less than 10 years, but not less than 5 years, the amount of the survivor's pension due to the surviving spouse shall be reduced by 0.5% for each month, respectively 6.0% for each year of marriage less. (3) The surviving spouse is entitled to a survivor's pension, regardless of age, during the period in which the first or second degree is invalid, if the duration of the marriage was at least one year. (4) The granting of the survivor's pension provided in par. (3) is not subject to the date of the irrevocation of the survivor's spouse (5) Incadres into a degree of invalidity of the surviving spouse in order to obtain the survivor's pension can be made, up to the standard retirement age, by the expert doctor of social insurance. + Article 55 (1) The surviving spouse who does not meet the conditions laid down in art. 54 54 para. ((1) and (2) benefit from an aid for a period of 6 months, starting from the first day of the month following the death, if during this period they do not make monthly income from a professional activity. (2) The amount of the aid provided in par. (1) represents 50% of the pension of the deceased supporter, according to art. 57. + Article 56 (1) The surviving spouse who has in care one or more children of the supporter, up to 7 years of age, benefits from survivor's pension until the last child of the age of 7. (2) The survivor's pension provided in par. (1) is granted during periods in which the surviving spouse does not realize monthly income or realized income is below 35% of the reference income by profession, ceiling considered by C.A.A. as insufficient to cover growth needs and Children's education. + Article 57 The survivor's pension shall be determined, where appropriate, in relation to: a) the pension for the age limit in payment or to which he would have been entitled, under the law, the deceased supporter; b) the first-degree disability pension, if the death of the supporter came before the conditions for obtaining the old-age pension were met. + Article 58 The amount of the survivor's pension is set as a percentage of the supporter's pension, provided for in art. 57, 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-100%. + Article 59 The amount of the survivor's pension, in the case of orphans of both parents, is determined by the summation of the survivor's rights, calculated according to each parent. + Article 60 In case of changes in the number of offspring, the pension shall be recalculated in accordance with the provisions of 58. + Article 61 (1) The surviving spouse who has the right to a pension of his own public pension system and meets the conditions provided by law for obtaining, after the deceased spouse, the survivor's pension in the pension system and other social security rights of lawyers can benefit, on request, from a monthly survivor's allowance. (2) The amount of the monthly survivor's allowance, referred to in par. ((1), shall be calculated as the difference between the amount of the survivor's pension to which the successor would be entitled if he did not have his own pension and the amount of his own pension. (3) The amount of the survivor's allowance, calculated according to par. ((2), may not be higher than the survivor's pension in the pension system and other social security rights of the lawyers to which the surviving spouse would have been entitled if he did not have the right to own pension. (4) The monthly survivor's allowance shall not be granted if the amount of the pension is higher than the survivor's pension to which the surviving spouse would be entitled if he did not have his own pension. (5) The allowance provided in par. ((1) shall be granted from the first day of the month following the submission of the application, if the conditions laid down in par. ((1). (6) The amount of the survivor's allowance shall be updated by decision of the Board of Directors of the C.A.A. + Article 62 Beneficiaries of the survivor's pension referred to in art. 53 lit. c) and the surviving spouse beneficiary, under the conditions of art. 54 54 para. (3), are surveyed and subject to medical review, according to the regulations provided for the disability pension. + Article 63 The survivor's pension or the monthly survivor's allowance given to the surviving spouse shall be terminated if it is remarried. + Section 6 Establishment and payment of pensions + Article 64 (1) The amount of the pension is determined by multiplying the average annual score made by the insured during the contribution period in the pension system and other social security rights of lawyers with the value of a pension point in the month of retirement. (2) The average annual score made by the insured during the contribution period within the pension system and other social security rights of the lawyers is determined by dividing the total number of points resulting from the summation of the annual scores made by the insured during the contribution period within the pension system and other social security rights of lawyers at the number of years corresponding to the full contribution period, set out in Annex no. 1. (3) The annual score of the insured shall be determined by dividing by 12 the amount of monthly scores made in the respective calendar year. (4) The monthly score is calculated by reporting the individual monthly gross income, respectively the gross income related to the contribution actually paid in that month to the reference income by profession in that month, communicated by C.A.A. and provided for in Annex No 2. (5) For the months for which C.A.A. has not yet communicated the reference income by profession, the last monthly reference income per profession communicated by C.A.A. is used for the entire month. (6) For the assimilated periods provided in art. 33 33 para. (1), when determining the annual score of the insured, the basis of calculation of 25% of the reference income on the legal profession, from the respective periods, published by C.A.A., according to Annex no. 2. (7) The insurance score, established according to par. (2), may not be higher than the value established by decision of the U.N.B.R. Council, at the proposal of C.A.A. ((8) The gross income for the contribution paid shall be calculated as the amount of the statutory contribution paid multiplied by the ratio of 100 to the percentage share of the compulsory contribution. (9) In the calculation of the average annual score, the annual score and the monthly score are used 5 decimals. (10) The amount of the pension calculated according to the provisions of this law is completed to the leu in favour of the insured + Article 65 (1) The pension system and other social security rights of lawyers recognize the contribution internships in other mandatory social insurance systems existing on the date of entry into force of this law or seniority, in order to the opening of the pension right for pensions provided in art. 27 lit. a), b), d) and e). (2) In the situation referred to in par. ((1), the amount of pension due from the pension system and other social security rights of lawyers shall be established only for the contribution period actually achieved in this system. (3) The average annual score of insured persons who do not have full contribution period within the pension system and other social security rights of lawyers may not be higher than the value established according to art. 64 64 para. ((7), relative to the contribution period made in the pension system and other social security rights of lawyers. (4) The contribution periods recognised as contribution periods and in other pension and social security schemes shall be taken into account when establishing the pension only in one of the systems. + Article 66 The value of a pension point is established by decision of the U.N.B.R. Council, on the proposal of the C.A.A., and represents at least 50% of the monthly reference income by profession, annually forecast by C.A.A. + Article 67 (1) C.A.A. will annually update the pensions in payment, depending on the inflation growth coefficient, established annually and communicated by the National Institute of Statistics, and the financial situation of the system, with the aim of maintaining a funding of at least 100%. (2) Application of para. (1) is made by decision of the Board of Directors of C.A.A., following the updating of the pension point according to art. 66. (3) The amount of pensions updated according to par. (2) is equal to the score related to the pension, multiplied by the indexed value of the pension point. (4) The increase in the value of the pension point will be achieved only within the limit of the existence of the volume of additional assets required (5) In order to increase the value of the pension point, the C.A.A. may decide, on a temporary basis, to exceed the limit provided in par. (4), given that the results of actuarial analyses confirm the recovery of the created deficit. + Article 68 (1) Insurance that, after meeting the retirement conditions for the age limit in the pension system and other social security rights of lawyers, continues the activity in the profession of lawyer contributes, compulsorily, under the conditions provided by this law, to the system funds. (2) Upon final withdrawal from the profession, insured persons who cumulatively meet the conditions provided in par. (1) and the full contribution period benefit from the increase of the score made by 0.3% for each month, respectively 3.6% for each additional year added to the contribution period under the conditions of par. (1), in compliance with the provisions of 64 64 para. ((7). (3) Retirement for the age limit and old in law before retirement, who continued the activity after the date of retirement from the lawyers ' own pension and social insurance system and applying for retirement pension definitively from the profession, benefit from the increase of the score provided (2) for the score related to the contribution period made after the retirement date for the age limit in the lawyers ' own pension and social insurance system. + Article 69 For the internship potentially granted to insured persons in law to obtain a disability pension, calculated according to art. 45, the annual score of the insured is: a) 0.75 points for the first degree of invalidity; b) 0.60 points for the second degree of disability. + Article 70 (1) The pension shall be granted at the request of the entitled person, of the trustee designated by it with special power of attorney, of the guardian or its curator. (2) The special process is issued according to the legal regulations in the matter, being valid no more than 18 months. If the power of attorney is not issued in Romanian, it must be translated and legalized. (3) The application for retirement, together with the documents proving the fulfilment of the conditions provided for by this law, shall be submitted to the branch or branch of the C.A.A. from which the insured is a party, according to the procedure established by the (4) The branch or branch of the C.A.A. is obliged to draw up the retirement file, which shall bear the full responsibility for the accuracy of the data entered. (5) The application for retirement, submitted according to the provisions of ((3), may be withdrawn by the person who submitted it, until the date of issue of the retirement decision. + Article 71 (1) The rights to the old-age pension, the early pension and the permanent withdrawal pension from the profession are due from the date of fulfilment of the conditions provided for by this Law and the Statute of the C.A.A., if the application, together with the supporting documents, been filed within 30 days of this date. (2) In the case of persons who meet the conditions of retirement and whose application has been submitted over the term provided in par. ((1), the pension rights shall be granted and paid from the first day of the month following that in which the application was submitted, together with all the necessary documents. + Article 72 People who have reached the standard retirement age can no longer apply for disability pension. + Article 73 (. The rights for the invalidity pension shall be established: a) from the date of termination of the payment of the allowance for temporary incapacity for work, if the application was submitted within 60 days from the date of issue of the medical decision of employment in the degree of invalidity; b) from the date of issue of the medical decision of employment in the degree of invalidity, if the application was registered within 60 days from the date of issue of the medical decision of classification in a degree of invalidity; 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) The payment of the invalidity pension is made after the issuance of the suspension decision from the bar, issued by the bar council. + Article 74 (1) Rights for the survivor's pension, in the case of persons who meet the conditions provided by law, at the time of death of the insured supporter, shall be granted on request a) from the month following the death, if the deceased supporter was retired, if the application was submitted within 90 days from the date of death; b) from the date of death of the supporter, if the deceased supporter was not retired at the time of death, if the application was submitted within 90 days from this date; 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 law, after the date of death of the insured supporter, the rights for the survivor's pension shall be granted from the date of fulfilment of the conditions, if the application was submitted within 90 days from the date of fulfilment. (3) If the deadline provided for in par. (2), the rights for the survivor's pension shall be granted from the date of application. + Article 75 (1) The Board of Directors of the C.A.A. shall settle the application for retirement within 30 days from the date of receipt of the file. (2) The term provided in par. ((1) is extended accordingly, if the file received is not complete and additional documents are needed. + Article 76 (1) Admission or rejection of the request for retirement shall be made by decision issued by C.A.A. within 30 days from the date of registration of the complete file at C.A.A. (2) The decision of the C.A.A. shall contain the grounds of fact and law on the basis of which the application for retirement is admitted or rejected. (3) The decision of retirement shall be communicated in writing to the person who requested the retirement, within 5 days from the date of issue. ((4) Within 30 days of communication, the retirement decision may be cancelled at the request of the holder. + Article 77 (1) Decision issued under the conditions of art. 76 76 para. ((1) may be challenged, within 30 days of communication, to the competent court. (2) Decision issued under the conditions of art. 76 76 para. ((1), not contested in the term, is final. + Article 78 (1) The payment of the pension is made monthly. ((2) The pension shall be paid personally to the holder, the trustee appointed by him by special power of attorney or his legal representative. ((3) The payment methods of pensions shall be established by the Statute of the C.A.A. + Article 79 The payment of the pension shall cease by the month following that: a) the beneficiary has died; b) the beneficiary no longer meets the legal conditions under which the pension was granted; c) the descendant was convicted by a final decision for the crime of murder committed on the supporter; d) invalidity pensioner, pensioner survivor provided in art. 53 lit. c), as well as the one provided in art. 54 54 para. (3) have regained their work capacity, according to the law; e) the child, beneficiary of the survivor's pension, has reached the age of 26, except for the situation provided in art. 53 lit. c); f) other situations provided by the C.A.A. Statute + Article 80 ((. The payment of the pension shall be suspended from the month following that in which: a) the beneficiary of a disability pension shall not be present at the periodic medical review; b) the child survivor no longer meets the conditions for obtaining the survivor's pension; c) the invalidity pensioner obtains income from the profession; d) the surviving spouse, beneficiary of a survivor's pension, makes monthly gross income from a professional activity; e) the surviving spouse, beneficiary of a survivor's pension, has remarried; f) the surviving spouse, beneficiary of a pension from the pension system and other social security rights of lawyers, opts for another pension, according to the law, from the same system or from another pension and social insurance system compulsory; g) other situations provided by the C.A.A. Statute (2) In the situation of the child, beneficiary of a survivor's pension under the conditions provided in art. 53 lit. b), which does not prove the continuation of the studies, the payment of the pension is suspended as of October 1 of the current year. (3) The suspension of the payment of the pension and/or the allowance for the attendant may also be made at the request of the pensioner, in which case the suspension of payment shall be made from the month following that in which the application was registered. + Article 81 The resumption of payment of suspended pensions is made on request, as follows: a) from the month following that in which the suspension of the payment of the pension ceased, with the fulfilment of the conditions provided in art. 19 19 para. ((1), if the application has been submitted within 30 days of the date on which the cause of the suspension has been removed; b) from the month following that in which the application was submitted, with the fulfilment of the conditions provided for in art. 19 19 para. ((1), if its submission was made after the expiry of the term provided for in lett. a). + Article 82 Pensioners of the pension system and other social security rights of lawyers are obliged to communicate to the C.A.A. any change in their own situation, likely to lead to changes in the conditions according to which it has been established or their pay the pension, within 15 days from the date of its occurrence. + Article 83 (1) The amounts not collected by the pensioner, representing the pension for the month in which the death took place and/or, as the case may be, outstanding pension rights, due and not collected until death, are paid to the surviving spouse, children, parents or, in absentia to other heirs, under the conditions of common law. (2) The amounts referred to in par. ((1) may be requested within the period of 6 months from the date of death. + Article 84 (1) If errors are found in the establishment and/or payment of pension rights, on request or ex officio, C.A.A. will make the necessary changes, by revision decision. (2) The amounts resulting from the application of the provisions of para. ((1) shall be granted or recovered, as the case may be, within the general limitation period, calculated from the date of the finding of differences. + Chapter V Other social security rights + Article 85 (1) Insurance of the system shall be entitled, in addition to a pension, to the following social security benefits: a) allowance for temporary incapacity for work, caused by ordinary diseases, accidents at work or accidents outside work; b) maternity allowance; c) child rearing aid; d) death benefit. (2) Benefit from the rights provided in par. ((1) insured persons having a contribution period of at least 12 months prior to the occurrence of risk, if they do not realize income from the profession and have paid up to date the payment obligations to pension system funds and other social security rights of lawyers. + Section 1 Allowance for temporary incapacity for work + Article 86 (1) In the pension system and other social security rights of lawyers, the insured person in incapacity for work and who does not realize income from the profession benefits from temporary incapacity allowance. (2) In the case of the associate lawyer in a professional civil society or professional company with limited liability, the income from the profession is understood to be the income that is legally advancing, according to the company contract and its status, in the course of financial year. + Article 87 (1) The duration of granting the allowance for temporary incapacity for work is no more than 180 days in the period of one year, counted from the first day of illness. (2) Starting with the 91st day, the period of granting the temporary incapacity allowance may be extended up to 180 days, with the opinion of the expert doctor of social insurance. (3) The duration of the allowance for temporary incapacity for work is higher in the case of special diseases and shall be differentiated as follows: a) one year, in the last 2 years, for pulmonary tuberculosis and some cardiovascular diseases, according to the regulations of the public pension system; b) one year, with the right to extend up to one and a half years by the expert doctor of social insurance, in the last 2 years, for meningeal, peritoneal and urogenital tuberculosis, including the adrenal glands, as well as for AIDS and cancer of any type, depending on the stage of the disease; c) one and a half years, within the last 2 years, for pulmonary tuberculosis operated and osteoarticular; d) 6 months, with the possibility of extending up to a maximum of one year, in the last 2 years, for other forms of extrapulmonary tuberculosis, with the opinion of the expert doctor of social insurance. + Article 88 (1) The allowance for temporary incapacity for work shall be borne by the pension system and other social security rights of the lawyers of the 16th day from the date of the ivirii of the state of incapacity, except for hospital admissions, diseases pregnant women and medical emergencies, which are supported from the date of irviation of the state of incapacity. (2) During the period of the court holidays, the allowance for temporary incapacity for work shall be borne from the date of the failure of the state of incapacity, in case of admission to the hospital for serious conditions or accidents, defined as such in medical norms, for conditions in relation to the state of pregnancy, as well as for the period of incapacity determined by outpatient treatment as a consequence of admission for those conditions. + Article 89 By decision of the U.N.B.R. Council it is established how to calculate the allowance for temporary incapacity for work, depending on the contribution of the insured to the pension system and other social security rights of lawyers in the last 12 months and the financial situation of the system. + Article 90 Proof of temporary incapacity for work is done by medical certificate issued according to the regulations in force. + Section 2 Maternity allowance + Article 91 (1) The maternity allowance shall be granted during the period of the termination of the pregnancy and the lauzia leave, as defined by the legislation on health insurance leave and social security indemnities in the public system. (2) The allowance provided in par. ((1) shall be granted, for a period of 126 calendar days, to insured persons who do not make income from the profession. (3) The same rights also benefit women who have stopped paying the social security contribution to the pension system and other social security rights of lawyers, but who give birth within 9 months from the date of loss of quality insured. + Article 92 (1) The maternity allowance may be granted in full or in a fractional manner, depending on the number of calendar days made as a statutory maternity leave, following the recommendation of the doctor and the option of the beneficiary person, of the total the period provided in art. 91 91 para. ((1). (2) If the child is born dead or dies during the period of granting the maternity allowance, it is granted for the entire period provided in art. 91 91 para. ((1). + Article 93 The maternity allowance shall be borne from the fund for other social security rights, depending on the contribution of the insured to the pension scheme and other social security rights of the lawyers, in the amount and under the conditions established by Decision of the U.N.B.R. + Section 3 Child-rearing aid + Article 94 ((1) The lawyers are entitled to a monthly aid for raising the child, in the fixed amount, for a period similar to the provisions Government Emergency Ordinance no. 111/2010 on the monthly leave and allowance for raising children, approved with amendments by Law no. 132/2011 , with subsequent amendments and completions. (2) The aid provided in par. (1) is granted until the age of 2 years of the child and 3 years of the child with disabilities. (3) The period during which the insured receives aid for raising the child constitutes a contribution period within the pension system and other social security rights of lawyers. (4) The amount of the monthly aid for raising the child shall be determined by decision of the U.N.B.R. Council taken in the fourth quarter of each year, for the following year, based on the proposal C.A.A. (5) In the case of a twin pregnancy, triplets or multiples, a child-raising aid shall be granted for each child born of such a pregnancy. + Article 95 (1) The granting of the aid for raising the child shall be terminated by right, starting with the first day of the month in which the insured person entitled to his receipt provides activities specific to the profession of lawyer, even if the suspension period has not expired voluntary from the exercise of the profession, for which the aid has been chosen. The provision of these activities can be proven by any means of evidence admitted by law, to the complaint made by any interested person. (2) The payment of the aid under the conditions provided in par ((1) shall be decided after the beneficiary is heard. Failure to listen to the beneficiary, for any reason, does not preclude the decision to stop the aid. + Section 4 Death benefit + Article 96 In the event of the death of the insured or pensioner, the surviving spouse, one of the first-degree descendants of the deceased or the person who bears the expenses occasioned by the death, benefits from death. + Article 97 (1) The insured or pensioner benefits from death benefit in the event of the death of a family member in his maintenance, who was not insured or retired at the time of death. (2) It is considered a family member, within the meaning of this law: a) b) children of their own, adopted children, up to 18 years of age or, if they continue their studies, until their completion, without exceeding the age of 26; c) parents of any of the spouses. (3) If the death benefit, collected according to other legal provisions, is lower than the one that is granted in the pension system and other social security rights of the lawyers, the difference between the two amounts is granted. + Article 98 (1) The death benefit shall be borne from the fund for other social security rights of the pension system and other social security rights of the lawyers and shall be granted, upon request, on the basis of the death certificate. (2) The granting of the death benefit is not conditional on the achievement of a certain contribution period. (3) The amount of the death benefit shall be determined by decision of the U.N.B.R. Council, at the proposal of the C.A.A., by reference to the normative provisions of the public system governing the same subject + Article 99 Allowances and social security aids provided for in art. 85 85 para. (1) shall be paid to the beneficiary, legal representative or trustee designated by special power of attorney. + Article 100 Allowances and social security aids provided for in art. 85 85 para. ((1) may be requested, on the basis of supporting documents, within 6 months, calculated from the date on which the beneficiary was entitled to request them. + Article 101 ((. The payment of social security benefits shall cease from the day following that in which: a) the beneficiary has died; b) the beneficiary no longer meets the legal conditions for granting those rights. (2) The resumption in payment of suspended social insurance benefits shall be made, upon request, from the day on which the case of suspension ceased. + Article 102 (1) In order to be granted the due allowance, the lawyer in temporary incapacity for work must notify the branch or bar, as the case may be, within 48 hours of the failure of the state of incapacity, and the medical certificate, targeted by the doctor of family, to be submitted no later than 5 days from the date of termination of the incapacity state, provided in the certificate. (2) Failure to comply with these terms, without justification, draws their invalidity to payment. + Article 103 (1) In cases where an additional check is warranted, the subsidiaries or branches may request the opinion of an approved doctor, expert or employment capacity expert, provided for in the legislation of the public system, with regard to diagnosis, the method of issuing the medical certificate, the identification of the doctor or the issuing health unit. (2) The medical document for the attestation of temporary incapacity for work for a period of more than 180 days is valid on payment only if it is issued by the commission of medical expertise of the work capacity in the public pension system with which subsidiaries or branches of C.A.A. have concluded collaboration conventions. (3) Framework provisions of the cooperation agreements referred to in par. (1) are established by the protocol provided for in art. 43. + Article 104 (1) During the period during which the lawyer benefits from the other social security rights, other than the pension, he will pay a percentage share of these allowances or aid as contribution to the social security fund of the pension system and other social security rights of lawyers. (2) The share referred to in par. ((1) shall be established by decision of the Board of Directors of C.A.A. (3) The amount representing the quota provided in par. (1) shall be retained with the payment of the social security benefit. + Article 105 (1) The basis for the calculation of the allowances provided in art. 85 85 para. ((1) lit. a) and b) is equal to the arithmetic average of gross income related to the monthly contributions actually paid to the pension system and other social security rights of the lawyers in the last 12 months prior to the insured risk, respectively the amount of gross revenue for the monthly contributions actually paid over the last 12 months, divided by 12 (2) Gross income related to the contribution paid is the one defined in art. 64 64 para. ((8). + Chapter VI The Insurance House of Lawyers in Romania + Section 1 Organization of the Insurance House of Lawyers in Romania + Article 106 (1) C.A.A. from Romania is a legal person of public interest, autonomous, invested with legal personality, having its own patrimony and budget. C.A.A. operates within the U.N.B.R. (2) The organization and functioning of the C.A.A. shall be established under the conditions provided by this Law and its own status + Article 107 (1) In order to decentralize and streamline the activity, C.A.A. may establish branches or branches in addition to bars. (2) The C.A.A. subsidiaries are entities of public interest, with legal personality, budget and own patrimony. (3) The branches are dismembered by the C.A.A., without legal personality, and which are organized and operated under the conditions of this Law and the Statute of the C.A.A. (4) The organization and functioning of the branches and branches of C.A.A. shall be established under the conditions provided by this Law and the Statute of the C.A.A. + Article 108 (1) The executive management bodies of the C.A.A. are: a) the Management Board; b) Chairman of the Management Board. (2) The Board of Directors of C.A.A. consists of 7 members, including 5 lawyers in activity and 2 retired lawyers, at least 15 years old in the profession, elected by the U.N.B.R. Council from different branches, for a 4-year term, which can be renewed once. + Article 109 (1) The Board of Directors of the C.A.A. shall meet once a month or whenever necessary. (2) The Board of Directors of the C.A.A. is legally convened in the presence of at least 5 members and makes decisions with the majority of the votes of those present. (3) At the meetings of the Board of Directors of the C.A.A. may participate specialists, as guests, with an advisory role. (4) In its work, the Board of Directors of the C.A.A. issues decisions and decisions. (5) The decisions and decisions of the Board of Directors of the C.A.A., of general interest for the system, shall be communicated to the subsidiaries/branches of C.A.A. and to the bars and shall be published on the website of the C.A.A. within 10 days of adoption. They shall enter into force within 5 days of publication or at a later date provided for therein. (6) The Bars and branches/branches of C.A.A. will ensure the advertising of decisions and decisions of the Board of Directors of C.A.A. including on its own websites. + Article 110 (1) The C.A.A. headquarters is in Bucharest. (2) C.A.A. elaborates its own status, which is approved by decision of the Romanian Lawyers ' Congress. (3) The status of the C.A.A. includes, among other things, the duties of the Board of Directors of C.A.A., of the President of C.A.A., the organization and functioning of the C.A.A., of the subsidiaries and branches of C.A.A., as well as of the Audit Committee of C.A.A. + Section 2 Duties of the Romanian Lawyers ' Insurance House + Article 111 (1) In application of the provisions of this Law, the Board of Directors of C.A.A. shall, in principal, perform the following tasks a) ensure within the single system, own, pension and other social insurance rights the application of the provisions of this law, of the Statute of the C.A.A., of the decisions of the Congress of Lawyers and Council of the U.N.B.R., both at the central level and at the level of subsidiaries and branches; b) establish branches and branches with the prior opinion of the U.N.B.R. Council (2) The other tasks of the Board of Directors of the C.A.A. shall be established by the Statute of the + Article 112 (1) The Board of Directors of C.A.A. shall bear direct responsibility for the administration and management of the reserve fund taken monthly from the subsidiaries, the fund for the central functioning of the C.A.A., as well as the patrimony of the C.A.A. (2) The C.A.A. patrimony can be used in economic activities, producing income, under the law, with the authorization of the U.N.B.R. Council + Section 3 The Audit Committee of the Romanian Lawyers ' Insurance House + Article 113 (1) In the framework of the C.A.A. the Audit Committee shall be established and operated. (2) The Audit Committee consists of 3 members, of which 2 lawyers in activity and a retired lawyer, elected by the Congress of lawyers for a period of 4 years between lawyers with an uninterrupted seniority in the profession for at least 10 years. Their mandate may be renewed once. (. The Audit Committee shall elect the President and the Vice-Chair from among its members. (. The Audit Committee shall adopt decisions with the vote of the majority of its members. (5) The powers of the Audit Committee shall be established by the Statute of C.A.A. + Section 4 The duties of subsidiaries and branches of the Romanian Lawyers ' Insurance House + Article 114 In application of the provisions of this law, the subsidiaries and branches of the C.A.A. meet, mainly, the following tasks: a) collect and make contributions to pension funds and other social security rights of lawyers; b) aim to collect budget revenues; c) organize and control the activity regarding the execution of budgetary receivables, according to the d) take measures, under the law, for the development and administration of heritage, as well as to ensure its integrity; e) take measures, under the law, for the protection of pension system funds and other social security rights of lawyers; f) ensures the record of all taxpayers of the branch/branch to the pension system and other social security rights of lawyers; g) ensure the record of social security rights and obligations based on the personal numerical code; h) certifies the contribution period and the score for each insured of the branch/branch; i) organize the selection, preparation and professional improvement of their staff; j) ensure representation before the courts in the disputes in which they are party, as a result of the application of the provisions of this law; k) meet other duties established in this Law and in the Statute of the C.A.A. + Chapter VII Legal liability + Article 115 Violation of the provisions of this law attracts disciplinary, civil or criminal liability, as appropriate. + Article 116 Completion and issuance with science of documents containing unreal data that have the effect of misrepresenting the records on insured persons, the contribution period or the social security contribution or making unjustified expenses from the budget of the system of pensions and other social security rights of lawyers constitutes the crime of intellectual forgery and is punishable according to the provisions of the Criminal Code. + Article 117 The following facts constitute disciplinary misconduct: a) non-compliance with the contribution rates to pension system funds and other social security rights of lawyers, established in accordance with the provisions of art. 11 11; b) non-compliance with 19 19 para. ((2) on the basis for the calculation of contributions to pension system funds and other social security rights of lawyers; c) non-compliance with 14 14 para. ((2) and (3) on the non-payment and the calculation of the late increases in the payment of the contribution to the pension system funds and other social security rights of the lawyers; d) non-compliance with 82 on the obligation to communicate the intervening changes regarding the conditions for granting the pension; e) non-compliance with the decisions adopted by the U.N.B.R. Council, the Board of Directors of the C.A.A. and the management bodies of the branch. + Article 118 Constitute serious disciplinary violations the following facts: a) repeated violation of payment obligations to pension system funds and other social security rights of lawyers; b) total or partial non-payment of the mandatory monthly contribution to the funds of the pension system and other social security rights of the lawyers, in the amount and within the deadlines provided by this law, for 3 months from their maturity and until the full liquidation of the debts; c) unjustified refusal of the insured to make available to the control bodies of the C.A.A., the subsidiaries and branches the supporting documents and the necessary documents in order to establish the rights and obligations of the insured persons, such as and in order to recover claims through forced execution. + Article 119 Sanctioning of disciplinary deviations provided for art. 117 and 118 are made in accordance with the provisions of Law no. 51/1995 for the organization and exercise of the profession of lawyer, republished, as amended. + Chapter VIII Jurisdiction of the pension system and other social security rights of lawyers + Article 120 (1) Against the decisions adopted by the Board of Directors of C.A.A. pursuant to art. 111 111 para. (1) an appeal may be filed with the U.N.B.R. Council. (2) The appeal may be made by the board of directors of the branch or the board of the bar within 15 days of the meeting. + Article 121 (1) The pension decisions issued by the C.A.A. may be challenged, within 30 days from the communication, to the competent court of the applicant's domicile or headquarters. (2) The other applications shall be addressed to the court in whose territorial area the defendant is domiciled. + Article 122 The jurisdiction of the pension system and other social security rights of lawyers is carried out through courts and appeals courts. + Article 123 ((1) The courts shall, in the first instance, settle disputes concerning pensions and the social security rights of lawyers. (2) The decisions of the courts may appeal to the competent court of appeal. + Article 124 The provisions of this law relating to the jurisdiction of the pension system and other social security rights of lawyers shall be supplemented by the provisions of the Civil Procedure Code and Law no. 304/2004 on judicial organization, republished, with subsequent amendments and completions. + Article 125 Applications addressed to C.A.A. bodies or courts, as well as all procedural acts in connection with disputes having as object rights or social security obligations are exempt from stamp duty. + Chapter IX Final and transitional provisions + Article 126 (1) On the date of entry into force of this Law, social insurance pensions for lawyers and supplementary pensions, established on the basis of the previous legislation, shall become pensions within the meaning of this law. (2) For retired lawyers who ceased their activity prior to May 28, 2001, the old-age pension becomes a permanent withdrawal pension from the profession, regardless of the social insurance system from which they retired. (3) The provisions of par. ((1) and (2) shall apply only to pensions established on the basis of the contribution period made in the social security system of lawyers. + Article 127 Applications registered and outstanding until the date of entry into force of this law will be settled according to the legal norms existing at the date of opening of pension rights and other social security rights. + Article 128 Lawyers who, prior to the entry into force of this law, contributed to the fund for the additional pension by 2%, 3% and 5% respectively benefit from an increase in the score, determined by applying the following percentages to the annual scores carried out during these periods, as follows: a) 10% for the period from 1 January 1967 to 1 January 1978; b) 8% for the period from 1 January 1978 to 1 July 1986; c) 12% for the period from 1 July 1986 to 1 November 1990; d) 20% for the period from 1 November 1990 to 1 February 1999; e) 35% for the period after 1 February 1999, if they contributed 5%; f) 20% for the period after 1 February 1999, if they contributed 3%. + Article 129 ((1) For periods prior to October 1, 1990 for which there are no records showing the gross income related to the paid quota, the average of the monthly scores of the lawyer, calculated for the periods prior to 1 October 1990 for which such data exists. (2) For the purposes of paragraph (1), the average monthly scores are calculated by summing up the monthly scores for the periods prior to October 1, 1990 for which there is data and dividing the amount resulting from the number of months prior to October 1, 1990 for which this data exists. (3) Proof of lack of records for the periods provided in par. (1) is made by a minutes, drawn up by the council of the bar and signed by the dean of the bar, as well as by a declaration on his own responsibility of the lawyer showing that during that period he exercised the profession of lawyer and acquitted obligations to system funds. (4) For periods other than those mentioned in par. (1) for which there are no records showing the gross income related to the paid share, the calculation of the score will be used the reference income by profession, according to Annex no. 2. + Article 130 (1) Contributions paid to the pension system and other social security rights of insurance lawyers who aggregate the income from law with pensions from other mandatory social insurance systems set prior to May 28. 2001 will be considered only when establishing the final withdrawal pension or other social security rights. (2) Lawyers in the situation referred to in par. (1) may benefit, on request, only from the pension of final withdrawal from the profession, under the conditions of art. 35. + Article 131 (1) The amounts collected unearned as social security benefits shall be recovered from the beneficiaries within the general limitation period of 3 years. (2) The amounts paid unearned, through C.A.A. and of the C.A.A. subsidiaries, shall be recovered from the beneficiaries on the basis of the decision of the C.A.A., which constitutes enforceable title. (3) Debites representing contributions or social security benefits of less than 10 lei shall not be pursued. (4) The remaining amounts not recovered from the deceased beneficiaries shall no longer be pursued. (5) The payment commitment signed by the insured in order to carry out the obligations to pay the contributions and the late increases shall be enforceable. (6) The decision to impose an imposition on the control operation shall constitute an enforceable title. (7) Application of para. ((1)-(6) shall be regulated by the Statute of C.A.A. + Article 132 (1) The amounts collected unearned as social security benefits, 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, plus the related interest, until the recovery the full injury. ((2) The amounts established in accordance with the provisions of par. (1), left unrecovered from deceased insured persons, shall no longer be pursued. + Article 133 The debits from social security benefits shall be recovered by the own executors of the C.A.A. and come to the budget of the pension system and other social security rights of the lawyers. + Article 134 Relations between the C.A.A. and other social insurance systems regarding pensions and other social security rights will be regulated by conventions or protocols, according to the legislation in force. + Article 135 The governing bodies of the C.A.A. and of the C.A.A. subsidiaries, legally elected to office, on the date of entry into force of this law, will continue to exercise their mandates for the duration for which they were elected. + Article 136 Annexes no. 1 and 2 are an integral part of this law. + Article 137 (1) This law shall enter into force 90 days after its publication in the Official Gazette of Romania, Part I. (2) Within the period provided in par. (1) The C.A.A. Statute and the C.A.A. Regulation will be developed and approved. + Article 138 In the application of this law, the C.A.A. may develop implementing rules, which are approved by decision of the U.N.B.R. Council. + Article 139 The date of entry into force of this Law shall be repealed: a) Government Emergency Ordinance no. 221/2000 on pensions and other social security rights of lawyers, published in the Official Gazette of Romania, Part I, no. 610 of 28 November 2000, approved with amendments and additions by Law no. 452/2001 ; b) Chapter VII-Insurance House of Lawyers, comprising Articles 91-95, of Law no. 51/1995 for the organization and exercise of the profession of lawyer, republished, as amended. 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, 28 April 2016. No. 72. + Annex 1 STANDARD RETIREMENT AGES AND MINIMUM AND COMPLETE CONTRIBUTION INTERNSHIPS for women and men, for years and months, for the period June 2001-January 2035, in the pension system and other social security rights of lawyers *Font 7 * ┌ -------------------------------- ------------------------------------------------------ ------------------------------------------------------ | Period | Women | Men | | ---- [] [] [] [] [] | | Age | Internship | Internship | Age | Internship | Internship | | | insured | complete | minimum of | insured | complete | minimum of | | | at the exit | cotization | cotization | at the exit | contribution | contribution | | | in retirement |-years/months-|-years/months-| in retirement |-years/months-|-years/months-| | |-years/months-| | |-years/months-| | | | | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | June 2001-May 2002 | 57 | 25 | 10 | 62 | 30 | 10 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] June 2002-November 2002 | 57/1 | 25/1 | 10/1 | 62/1 | 30/1 | 10/1 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | December 2002-May 2003 | 57/2 | 25/2 | 10/2 | 62/2 | 30/2 | 10/2 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] June 2003-November 2003 | 57/3 | 25/3 | 10/3 | 62/3 | 30/3 | 10/3 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | December 2003-May 2004 | 57/4 | 25/4 | 10/4 | 62/4 | 30/4 | 10/4 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] June 2004-November 2004 | 57/5 | 25/5 | 10/5 | 62/5 | 30/5 | 10/5 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | December 2004-May 2005 | 57/6 | 25/6 | 10/6 | 62/6 | 30/6 | 10/6 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] June 2005-September 2005 | 57/7 | 25/7 | 10/7 | 62/7 | 30/7 | 10/7 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] October 2005-January 2006 | 57/8 | 25/8 | 10/8 | 62/8 | 30/8 | 10/8 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] February 2006-May 2006 | 57/9 | 25/9 | 10/9 | 62/9 | 30/9 | 10/9 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] June 2006-September 2006 | 57/10 | 25/10 | 10/10 | 62/10 | 30/10 | 10/10 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] October 2006-January 2007 | 57/11 | 25/11 | 10/11 | 62/11 | 30/11 | 10/11 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | February 2007-May 2007 | 58 | 26 | 11 | 63 | 31 | 11 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] June 2007-September 2007 | 58/1 | 26/2 | 11/2 | 63/1 | 31/2 | 11/2 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] October 2007-January 2008 | 58/2 | 26/4 | 11/4 | 63/2 | 31/4 | 11/4 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | February 2008-May 2008 | 58/3 | 26/6 | 11/6 | 63/3 | 31/6 | 11/6 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | June 2008-September 2008 | 58/4 | 26/8 | 11/8 | 63/4 | 31/8 | 11/8 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] October 2008-January 2009 | 58/5 | 26/10 | 11/10 | 63/5 | 31/10 | 11/10 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | February 2009-May 2009 | 58/6 | 27 | 12 | 63/6 | 32 | 12 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] June 2009-September 2009 | 58/7 | 27/2 | 12/2 | 63/7 | 32/2 | 12/2 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] October 2009-January 2010 | 58/8 | 27/4 | 12/4 | 63/8 | 32/4 | 12/4 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] February 2010-May 2010 | 58/9 | 27/6 | 12/6 | 63/9 | 32/6 | 12/6 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] June 2010-September 2010 | 58/10 | 27/8 | 12/8 | 63/10 | 32/8 | 12/8 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] October 2010-January 2011 | 58/11 | 27/10 | 12/10 | 63/11 | 32/10 | 12/10 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | February 2011-May 2011 | 59 | 28 | 13 | 64 | 33 | 13 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] June 2011-September 2011 | 59/1 | 28/2 | 13/2 | 64/1 | 33/2 | 13/2 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | October 2011-January 2012 | 59/2 | 28/4 | 13/4 | 64/2 | 33/4 | 13/4 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | February 2012-May 2012 | 59/3 | 28/6 | 13/6 | 64/3 | 33/6 | 13/6 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | June 2012-September 2012 | 59/4 | 28/8 | 13/8 | 64/4 | 33/8 | 13/8 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | October 2012-January 2013 | 59/5 | 28/10 | 13/10 | 64/5 | 33/10 | 13/10 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | February 2013-May 2013 | 59/6 | 29 | 14 | 64/6 | 34 | 14 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] June 2013-September 2013 | 59/7 | 29/2 | 14/2 | 64/7 | 34/2 | 14/2 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | October 2013-January 2014 | 59/8 | 29/4 | 14/4 | 64/8 | 34/4 | 14/4 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] February 2014-May 2014 | 59/9 | 29/6 | 14/6 | 64/9 | 34/6 | 14/6 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] June 2014-September 2014 | 59/10 | 29/8 | 14/8 | 64/10 | 34/8 | 14/8 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] October 2014-December 2014 | 59/11 | 29/10 | 14/10 | 64/11 | 34/10 | 14/10 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | January 2015 -April 2015 | 60/0 | 30/0 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] May 2015-August 2015 | 60/1 | 30/1 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | September 2015 -December 2015 | 60/2 | 30/2 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] January 2016-April 2016 | 60/3 | 30/3 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] May 2016-August 2016 | 60/4 | 30/4 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] September 2016-December 2016 | 60/5 | 30/5 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | January 2017-April 2017 | 60/6 | 30/6 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] May 2017-August 2017 | 60/7 | 30/7 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | September 2017-December 2017 | 60/8 | 30/8 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | January 2018-April 2018 | 60/9 | 30/9 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] May 2018-August 2018 | 60/10 | 30/10 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | September 2018-December 2018 | 60/11 | 30/11 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] January 2019-April 2019 | 61/0 | 31/0 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] May 2019-August 2019 | 61/1 | 31/1 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] September 2019-December 2019 | 61/2 | 31/2 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | January 2020-April 2020 | 61/3 | 31/3 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | May 2020-August 2020 | 61/4 | 31/4 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | September 2020-December 2020 | 61/5 | 31/5 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | January 2021-April 2021 | 61/6 | 31/6 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] May 2021-August 2021 | 61/7 | 31/7 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] September 2021-December 2021 | 61/8 | 31/8 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | January 2022-April 2022 | 61/9 | 31/9 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] May 2022-August 2022 | 61/10 | 31/10 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] September 2022-December 2022 | 61/11 | 31/11 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | January 2023-April 2023 | 62/0 | 32/0 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] May 2023-August 2023 | 62/1 | 32/1 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] September 2023-December 2023 | 62/2 | 32/2 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | January 2024-April 2024 | 62/3 | 32/3 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] May 2024-August 2024 | 62/4 | 32/4 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] September 2024-December 2024 | 62/5 | 32/5 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | January 2025-April 2025 | 62/6 | 32/6 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] May 2025-August 2025 | 62/7 | 32/7 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] September 2025-December 2025 | 62/8 | 32/8 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | January 2026-April 2026 | 62/9 | 32/9 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] May 2026-August 2026 | 62/10 | 32/10 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] September 2026-December 2026 | 61/11 | 32/11 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | January 2027-April 2027 | 63/0 | 33/0 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] May 2027-August 2027 | 63/1 | 33/1 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] September 2027-December 2027 | 63/2 | 33/2 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | January 2028-April 2028 | 63/3 | 33/3 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] May 2028-August 2028 | 63/4 | 33/4 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] September 2028-December 2028 | 63/5 | 33/5 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | January 2029-April 2029 | 63/6 | 33/6 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | May 2029-August 2029 | 63/7 | 33/7 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] September 2029-December 2029 | 63/8 | 33/8 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | January 2030-April 2030 | 63/9 | 33/9 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] May 2030-August 2030 | 63/10 | 33/10 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] September 2030-December 2030 | 63/11 | 33/11 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | January 2031-April 2031 | 64/0 | 34/0 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | May 2031-August 2031 | 64/1 | 34/1 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | September 2031-December 2031 | 64/2 | 34/2 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | January 2032-April 2032 | 64/3 | 34/3 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] May 2032-August 2032 | 64/4 | 34/4 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | September 2032-December 2032 | 64/5 | 34/5 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | January 2033-April 2033 | 64/6 | 34/6 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | May 2033-August 2033 | 64/7 | 34/7 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | September 2033-December 2033 | 64/8 | 34/8 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | January 2034-April 2034 | 64/9 | 34/9 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] May 2034-August 2034 | 64/10 | 34/10 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | September 2034-December 2034 | 64/11 | 34/11 | 15/0 | 65/0 | 35/0 | 15/0 | ├ -------------------------------- [...] [...] [...] [...] [...] [...] [...] | January 2035 | 65/0 | 35/0 | 15/0 | 65/0 | 35/0 | 15/0 | └ -------------------------------- [...] [...] [...] [...] [...] [...] [...] [...] [...] + Annex 2 REFERENCE INCOME Average gross monthly income in the profession of lawyer from 1947 to 2016 ┌ ------ ------------------------------------------------ | Year | Date | Venit de | | | | | reference | | ├ ------ -------------------------------------------- | 1947 | | 500,00 | ├ ------ -------------------------------------------- | 1948 | | 561,00 | ├ ------ -------------------------------------------- | 1949 | | 641,00 | ├ ------ -------------------------------------------- | 1950 | | 701,00 | ├ ------ -------------------------------------------- | 1951 | | 760,00 | ├ ------ -------------------------------------------- | 1952 | | 772,00 | ├ ------ -------------------------------------------- | 1953 | | 856,00 | ├ ------ -------------------------------------------- | 1954 | | 932,00 | ├ ------ -------------------------------------------- | 1955 | | 1.026,00 | ├ ------ -------------------------------------------- | 1956 | | 1.135,00 | ├ ------ -------------------------------------------- | 1957 | | 1.284,00 | ├ ------ -------------------------------------------- | 1958 | | 1.430,00 | ├ ------ -------------------------------------------- | 1959 | from 1 March 1959 | 1.500,00 | ├ ------ -------------------------------------------- | 1960 | | 1.500,00 | ├ ------ -------------------------------------------- | 1961 | | 1.500,00 | ├ ------ -------------------------------------------- | 1962 | | 1.500,00 | ├ ------ -------------------------------------------- | 1963 | | 1.500,00 | ├ ------ -------------------------------------------- | 1964 | | 1.500,00 | ├ ------ -------------------------------------------- | 1965 | | 1.500,00 | ├ ------ -------------------------------------------- | 1966 | | 1.500,00 | ├ ------ -------------------------------------------- | 1967 | | 1.500,00 | ├ ------ -------------------------------------------- | 1968 | | 1.500,00 | ├ ------ -------------------------------------------- | 1969 | until 1 October 1969 | 1.500,00 | ├ ------ -------------------------------------------- | 1969 | from 1 October 1969 inclusive | 2.000,00 | ├ ------ -------------------------------------------- | 1970 | | 2.000,00 | ├ ------ -------------------------------------------- | 1971 | | 2.000,00 | ├ ------ -------------------------------------------- | 1972 | | 2.000,00 | ├ ------ -------------------------------------------- | 1973 | | 2.000,00 | ├ ------ -------------------------------------------- | 1974 | | 2.000,00 | ├ ------ -------------------------------------------- | 1975 | | 2.000,00 | ├ ------ -------------------------------------------- | 1976 | | 2.000,00 | ├ ------ -------------------------------------------- | 1977 | | 2.000,00 | ├ ------ -------------------------------------------- | 1978 | until 30 June 1978 | 2.000,00 | ├ ------ -------------------------------------------- | 1978 | from 1 July 1978 inclusive | 2.607,67 | ├ ------ -------------------------------------------- | 1979 | | 2.607.67 | ├ ------ -------------------------------------------- | 1980 | until 30 November 1980 | 2.607,67 | ├ ------ -------------------------------------------- | 1980 | from 1 December 1980 | 2.900,00 | ├ ------ -------------------------------------------- | 1981 | | 2.900,00 | ├ ------ -------------------------------------------- | 1982 | | 2.900,00 | ├ ------ -------------------------------------------- | 1983 | | 2.900,00 | ├ ------ -------------------------------------------- | 1984 | until 31 July 1984 | 2.900,00 | ├ ------ -------------------------------------------- | 1984 | from 1 August 1984 | 3.066.67 | ├ ------ -------------------------------------------- | 1985 | | 3.066.67 | ├ ------ -------------------------------------------- | 1986 | | 3.066.67 | ├ ------ -------------------------------------------- | 1987 | | 3.066.67 | ├ ------ -------------------------------------------- | 1988 | | 3.066.67 | ├ ------ -------------------------------------------- | 1989 | until 30 June 1989 | 3.066.67 | ├ ------ -------------------------------------------- | 1989 | from 1 July 1989 | 3.191.67 | ├ ------ -------------------------------------------- | 1990 | January-May inclusive | 8.890.41 | ├ ------ -------------------------------------------- | 1990 | June-September inclusive | 8.890.41 | ├ ------ -------------------------------------------- | 1990 | October-December inclusive | 8.890.41 | ├ ------ -------------------------------------------- | 1991 | | 26.436.83 | ├ ------ -------------------------------------------- | 1992 | | 67.116.83 | ├ ------ -------------------------------------------- | 1993 | | 183.170.61 | ├ ------ -------------------------------------------- | 1994 | | 449.672.72 | ├ ------ -------------------------------------------- | 1995 | | 739.228,22 | ├ ------ -------------------------------------------- | 1996 | | 1.150.687.85 | ├ ------ -------------------------------------------- | 1997 | | 1.548.883.12 | ├ ------ -------------------------------------------- | 1998 | | 2.234.393.09 | ├ ------ -------------------------------------------- | 1999 | | 5.183.893,70 | ├ ------ -------------------------------------------- | 2000 | | 5.234.576.06 | ├ ------ -------------------------------------------- | 2001 | | 7.000.000,00 | ├ ------ -------------------------------------------- | 2002 | | 8.750.000,00 | ├ ------ -------------------------------------------- | 2003 | | 8.750.000,00 | ├ ------ -------------------------------------------- | 2004 | | 8.750.000,00 | ├ ------ -------------------------------------------- | 2005 | January-June inclusive | 8.750.000,00 | ├ ------ -------------------------------------------- | 2005 | July-December inclusive | 1.350,00 | ├ ------ -------------------------------------------- | 2010 | | 2.300,00 | ├ ------ -------------------------------------------- | 2011 | | 2.300,00 | ├ ------ -------------------------------------------- | 2012 | | 2.300,00 | ├ ------ -------------------------------------------- | 2013 | January-March inclusive | 2.300,00 | ├ ------ -------------------------------------------- | 2013 | April-December inclusive | 2.392.00 | ├ ------ -------------------------------------------- | 2014 | | 2.392.00 | ├ ------ -------------------------------------------- | 2015 | | 2.428,00 | ├ ------ -------------------------------------------- | 2016 | | 2.428,00 | └ ------ ------------------------------------------------ -------