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Law No. 577 Of 22 December 2003

Original Language Title:  LEGE nr. 577 din 22 decembrie 2003

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LEGE no. 577 577 of 22 December 2003 on approval Government Emergency Ordinance no. 9/2003 to amend and supplement Law no. 19/2000 on the public pension system and other social security rights
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 1 1 of 5 January 2004



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 9 9 of 27 February 2003 to amend and supplement Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 167 of 17 March 2003, with the following amendments and additions: 1. The title of the emergency ordinance shall read as follows: " Emergency Ordinance for amending and supplementing Law no. 19/2000 on the public pension system and other social security rights and repealing certain provisions of the Law no. 130/1999 on certain measures to protect persons employed. " 2. Article I (5) (7) of Article 21 shall be repealed. 3. In Article I, after point 12, a new point is inserted, paragraph 12 ^ 1, with the following contents: "" 12 ^ 1. Paragraph 3 of Article 56 shall read as follows: (3) At the settlement of the appeal the Territorial Pension House consults the National Institute of Medical Expertise and Work Capacity Recovery. The opinion of the National Institute of Medical Expertise and Work Capacity Recovery is mandatory and remains final. " 4. In Article I, after paragraph 19, a new point is inserted, paragraph 19 ^ 1, with the following contents: "" 19 ^ 1. Article 89 will read as follows: Article 89. -(1) If errors are found in the establishment and payment of pension rights, the legal revisions and amendments will be operated, attracting, as the case may be, the liability of the guilty. ((. At the end of each calendar year, the pension entitlements shall be reviewed ex officio, if the elements contemplated in the initial calculation of the pension, for periods after the period after 1 April 2001, have undergone changes made and confirmed in the Declaration on the nominal record of insured persons and payment obligations to the state social insurance budget, submitted by the employer until December 31 of each year at the territorial pension house. (3) The rights resulting from the application of the provisions of para. ((2) shall be due and shall be granted on 1 January of the following year. " 5. In Article I, point 21, Article 98 shall read as follows: "" Art. 98 98-(1) Insurance of the public system shall be entitled, in addition to a pension, to: a) leave and allowance for temporary incapacity to work, caused by ordinary diseases or accidents outside work, occupational diseases and accidents at work; b) benefits for the prevention of illness and the recovery of work capacity; c) maternity leave and indemnity; d) parental leave and allowance; e) leave and allowance for the care of the sick child; f) death aid. (2) Benefit from the rights provided in par. ((1) lit. a), b), c) and e) insured persons who, in the last 12 months prior to the first day of sick leave registered in the medical leave certificate, have a contribution period of at least 6 months, carried out under the conditions of art. 37 and/or in one or more of the situations provided in art. 38. (3) Persons who have acquired, according to the law, the quality of insured benefit from the allowance for temporary incapacity to work, without conditions of contribution period, in the case of accidents at work, occupational diseases, emergencies medical-surgical, tuberculosis and infectious-contagious diseases of group A. The list of medical-surgical emergencies, as well as infectious-contagious diseases of group A is established by Government decision. (4) Benefit from the rights provided in par. ((1) lit. d) public system policyholders who have realized, under the conditions of art. 37 and/or in one or more of the situations provided in art. 38, a contribution period of at least 10 months in the last 12 months prior to the date of birth of the child. (5) If the birth occurs before the deadline, the contribution period necessary for the opening of the right shall be reduced by the period between the date of birth of the child and the presumed date of birth, certified by the specialized doctor. (6) The right of insured persons to death shall not be subject to the performance of a contribution period. " 6. in Article I, paragraph 22, after paragraph 2 of Article 99, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) If the birth occurred before the deadline, the basis for calculating the social security allowance provided for in art. 98 98 para. ((1) lit. d) is determined, according to the provisions of (2), based on monthly income from the period constituting, according to art. 98 98 para. ((5), the contribution period necessary for the opening of the right. " 7. In Article I, after paragraph 27, a new point is inserted, paragraph 27 ^ 1, with the following contents: "" 27 ^ 1. Article 121 (1), letter a) shall read as follows: a) leave and allowance for raising the child up to the age of 2 years and, in the case of the disabled child, until the age of 3, at any time until the child's fulfillment of these ages, only after performing the one a little 42 days of the lauzia leave. " 8. In Article I, paragraph 29, Article 125 shall read as follows: "" Art. 125. -(1) The monthly gross amount of the allowance provided for in art. 121 121 para. ((1) lit. a) and b) is 85% of the calculation base established according to art. 99. (2) For the rights established after December 31, 2003, the monthly gross amount of the allowance provided for in art. 121 121 para. ((1) lit. a) is 85% of the average gross salary used to substantiate the state social insurance budget and approved by the state social insurance budget law. " 9. In Article I, after paragraph 29, a new point is inserted, paragraph 29 ^ 1, with the following contents: "" 29 ^ 1. After Article 125, a new article is inserted, Article 125 ^ 1, with the following contents: Art. 125 ^ 1. -In order to grant the leave and the allowance provided for in art. 121 121 para. ((1) lit. a), in the case of the insured person who adopted, was appointed guardian, to whom children were entrusted or were given in foster care, the period corresponding to the contribution period and the calculation base provided by the law shall be determined from the date on which, as the case may be, adoption was approved, guardianship or placement was instituted, according to the law. " 10. In Article I, paragraph 31, Article 133 shall read as follows: "" Art. 133. -(1) Calculation and payment of social security allowances provided in art. 98 98 para. ((1) lit. a), b), c) and e) shall be made on the basis of the medical certificate issued under the law, which constitutes a payment order, or, as the case may be, on the basis of the application, accompanied by supporting documents, in the case of the allowance provided for in 98 98 para. ((1) lit. d). (2) The calculation and payment of the social security allowance shall be made monthly by: a) employer, at the latest with the liquidation of the salary rights for that month, for the insured persons referred to in art. 5 5 para. ((1) pt. I and II; b) the institution that manages the unemployment insurance budget, within 3 days from the date of submission of the medical certificate or, as the case may be, of the application for the granting of the parental allowance, in the case of unemployed persons; c) the territorial pension house, within 3 days from the date of submission of the medical certificate or the application for the granting of the parental allowance, for the insured persons referred to in art. 5 5 para. ((1) pt. IV, V and para. ((2). (3) The amount of social security allowances granted for a period of more than 90 days may be indexed with the indexation of the value of the pension point, under the conditions established by Government decision. " 11. In Article I, after paragraph 31, a new point is inserted, paragraph 31 ^ 1, with the following contents: "" 31 ^ 1. Article 134 will read as follows: Art. 134. --(1) The CNPAS, through the National Institute of Medical Expertise and Work Capacity Recovery, organizes, directs and controls the work of medical expertise and work capacity recovery. (2) On the basis of the methodological norms issued, the CNPAS shall carry out, through the territorial pension houses, the control over the correctness of the granting of sick leave, the observance of the recovery programs and the opportunity 12. in Article I, after paragraph 33, a new point is inserted, paragraph 33 ^ 1, with the following contents: "" 33 ^ 1. Letter l) of Article 144 shall read as follows: l) control the work of medical expertise and work capacity recovery; " 13. In Article I, after paragraph 34, 4 new points are inserted, points 34 ^ 1-34 ^ 4, with the following contents: "" 34 ^ 1. After paragraph 1 of Article 174, paragraph 1 ^ 1 is inserted as follows: (1 ^ 1) CNPAS has in subordination the National Institute of Medical Expertise and Work Capacity Recovery, which is a public institution with legal personality and scientific autonomy. The role and duties of the National Institute of Medical Expertise and Work Capacity Recovery will be determined by Government decision. 34 34 ^ 2. After paragraph 3 of Article 180, paragraph 3 ^ 1 is inserted as follows: (3 ^ 1) It is exempted from the provisions of par. (3) pensioners of state social insurance whose pension rights have been established on the basis of salaries of the last 5 years of activity or on the basis of salaries until April 1, 1992. These categories of persons are subject to the provisions of par. ((2). 34 34 ^ 3. After paragraph 5 of Article 180, paragraph 5 ^ 1 is inserted as follows: (5 ^ 1) After the completion of the recorelation process, the average annual score of pensions due to the persons referred to in par. ((3 ^ 1) may not be less than that calculated on 1 April 2001. 34 34 ^ 4. Paragraph 6 of Article 180 shall read as follows: (6) The amount of pensions is established on the basis of art. 76, taking into account the average annual score or the estimated average score, as the case may be, which will be established according to par. ((2), (3), (5) and (5 ^ 1). ' 14. Article II, point b) shall be repealed. 15. Article III shall read as follows: "" Art. III. -(1) Periods in which persons whose declarations of social insurance cease by law according to art. II, which were insured on the basis of the insurance declaration based on the legislation in force until the date of entry into force of this emergency ordinance, constitutes a contribution period, under the law, if proof of payment of the contribution is made of social security, and the periods in which social security benefits have been received constitute periods assimilated to the contribution period. (2) The insured incomes on the basis of which the social insurance contribution was paid and the amount of social insurance allowances enjoyed by the persons referred to in par. (1) shall be taken into account when establishing social security rights, under the law. (3) The provisions of par. ((1) and (2) shall also apply accordingly to persons who have been insured according to art. 5 5 para. ((1) pt. VI of Law no. 19/2000 , with subsequent amendments and completions, until the date of entry into force of this emergency ordinance. (4) The provisions of this emergency ordinance regarding the establishment of the allowance for raising the child up to 2 years and 3 years, respectively, shall apply to persons who become insured of the public pension system as of the date the entry into force of this Emergency Ordinance. (5) For persons who, prior to the date of entry into force of this emergency ordinance, had the quality of insured in the public pension system, the establishment of the parental allowance shall be made in view of the internship of contribution made up to the date of birth of the child, as regulated until the date of this emergency ordinance. (6) For the situations referred to in par. (5) the monthly gross amount of the allowance is 85% of the calculation base established as an average of the monthly income corresponding to the period that constituted the contribution period according to par. ((5), in compliance with the other provisions of art. 99 99 of Law no. 19/2000 ,, as amended and supplemented by this Emergency Ordinance. ' 16. After Article III, two new articles are inserted, Articles III ^ 1 and III ^ 2, with the following contents: "" Art. III ^ 1. -When determining the amount of social security allowances provided for in art. 98 98 para. ((1) lit. c), d) and e) of Law no. 19/2000 , with subsequent amendments and completions, the payers of rights referred to in art. 133 133 para. ((2) lit. a) and b) of the same normative act will consider, as the case may be, the income insured under the concluded social insurance contract, according to the existing legislation until the date of entry into force of this emergency ordinance, for completion of insured income Art. III ^ 2. -(1) Social insurance contracts concluded for the completion of the insured income, in progress on March 16, 2003 and which, according to the present emergency ordinance, have ceased from law, continue their application. (2) In the cases provided in par. (1) the period between March 17, 2003 and April 14, 2003 constitutes, under the law, the contribution period in the public pension system. For this period no interest and late payment penalties are due. " 17. After Article IV, a new article is inserted, Article IV ^ 1, with the following contents: "" Art. IV ^ 1. -Art. 1-7, art. 15 15, art. 16 lit. b), art. 18 18 and 20 of Law no. 130/1999 on certain measures for the protection of persons employed, published in the Official Gazette of Romania, Part I, no. 355 of 27 July 1999, as amended and supplemented, shall be repealed. '; This law was adopted by the Senate at its meeting of 11 December 2003, in compliance with the provisions of art. 76 76 para. (1) of the Romanian Constitution, republished. p. SENATE PRESIDENT, DAN MIRCEA POPESCU This law was adopted by the Chamber of Deputies at the meeting of December 16, 2003, in compliance with the provisions of 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU Bucharest, December 22, 2003. No. 577. ----