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Law No. 89 Of 5 April 2004

Original Language Title:  LEGE nr. 89 din 5 aprilie 2004

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LEGE no. 89 89 of 5 April 2004 on certain social protection measures granted, following the restructuring of the Commercial Society "Romanian National Air Transport Company-TAROM"-S.A., civil aviation personnel
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 305 305 of 6 April 2004



The Romanian Parliament adopts this law + Article 1 As a result of the restructuring of the Commercial Company "National Romanian Air Transport Company-TAROM"-S.A., civil aviation personnel benefit from a service pension, if they meet, cumulatively, the following retirement conditions: a) the civil aviation personnel, who are 50 years of age and have achieved a seniority of at least 25 years of activity carried out in the professions provided for in art. 2 2 para. (2), in the case of men, and 20 years, in the case of women; b) non-avigant technical civil aviation personnel, who are 55 years of age, in the case of men, and for 50 years, in the case of women, and has achieved a seniority of at least 25 years of activity carried out in the professions provided in art. 2 2 para. ((3). + Article 2 (1) For the purposes of this Law, the categories of civil aviation personnel receiving a service pension are as follows: a) civil aviation personnel; b) non-avigant technical civil aviation personnel. (. Civil aviation personnel shall comprise: a) personnel constituting the driving crew on board civilian aircraft: pilots, seafarers, mechanics and/or on-board engineers, radio-navigation operators; b) the accompanying personnel on board of civil aircraft, qualified for the type and category of civil aircraft, which, not participating in their management, shall exercise flight safety functions on board, as well as services in respect of passengers; c) the technical personnel on board civilian aircraft, qualified for the type or category of civil aircraft, which, not participating in their management, shall carry out on-board services relating to the special equipment of aircraft in flight, technical, ground and flight control activities, with a view to ascertaining the condition of airworthiness, as well as flight verification activities of the operation of air navigation protection equipment. (3) The non-natural technical civil aviation personnel shall include the qualified technical personnel, having as their duties: organization, pursuit, control, execution and attestation of maintenance, repair and operation of civil aircraft, as well as of engines, on-board equipment/installations and their propellers. + Article 3 (1) Civil aviation personnel, who meet the conditions laid down in art. 1 lit. a), is entitled to a service pension in the amount of 85% of the average gross salaries made in the last 3 months prior to the month in which the retirement takes place. (2) Unavigant technical civil aviation personnel, which meets the conditions provided in art. 1 lit. b), is entitled to a service pension in the amount of 75% of the average gross salaries made in the last 3 months prior to the month in which the retirement takes place. ((3) For each year exceeding the age of 25 years of activity carried out as civil aviation personnel or as non-natural technical civil aviation personnel, the amount of 1% of the average gross salaries achieved shall be added to the amount of the pension, provided in par. ((1) and (2), without being able to exceed 100%. + Article 4 (1) The pension for the age limit in the public system, granted to civil aviation personnel, shall be determined by considering the conditions necessary for the opening of the pension right. (2) When determining the average annual score, the full contribution period corresponding to the year, namely the month in which the pension right is opened, set out in Annex no. 3 3 of Law no. 19/2000 on the public pension system and other social security rights, with subsequent amendments and completions. + Article 5 If the amount of the service pension is lower than that of the pension in the public system, the most advantageous amount shall be granted. + Article 6 The part of the service pension that exceeds the pension level in the public pension system and other social security rights is borne from the state budget, through the budget of the Ministry of Labour, Social Solidarity and Family. + Article 7 (1) On the death of the holder of the service pension, his spouse and children benefit from survivor's pension, under the conditions provided by the legislation on the public pension system and other social security rights. (2) The survivor's pension shall be calculated from the service pension of the holder in payment or to which he would have been entitled under the conditions of this law, if it is more advantageous than the pension established or due in the public system. + Article 8 The provisions of this law shall apply only to civil aviation personnel who are airworthiness and technically non-avigant who, on the date of entry into force of this Law, is engaged with an individual employment contract at the Commercial Company " National Company of Romanian Air Transport-TAROM "-S.A. + Article 9 The provisions of this law shall apply from the first of the month following the publication in the Official Gazette of Romania, Part I, and shall cease its applicability after 90 days after its entry into force. This law was adopted by the Senate at its meeting on February 12, 2004, in compliance with the provisions of art 76 76 para. (2) of the Romanian Constitution, republished. p. SENATE PRESIDENT, DAN MIRCEA POPESCU This law was adopted by the Chamber of Deputies at the meeting of March 16, 2004, in compliance with the provisions of 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU Bucharest, April 5, 2004. No. 89. ------------