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Law No. 186 Of 20 October 2016 On Some Measures In Ensuring Certain Categories Of Persons In The Public Pension System

Original Language Title: LEGE nr. 186 din 20 octombrie 2016 privind unele măsuri în domeniul asigurării unor categorii de persoane în sistemul public de pensii

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LEGE no. 186 186 of 20 October 2016 on certain measures in the field of insurance of certain categories of persons in the public pension scheme
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 842 842 of 24 October 2016



The Romanian Parliament adopts this law + Article 1 ((1) By way of derogation from provisions Law no. 263/2010 on the unitary system of public pensions, as amended and supplemented, and Law no. 227/2015 on the Fiscal Code, with subsequent amendments and completions, persons who do not have the status of pensioners can make the payment of the social security contribution for periods of time in which they did not have the quality of insured in the public system of pensions or in a social security system not integrated to it. (2) The persons for whom there is the obligation of insurance in the public pension system, in accordance with the provisions of the Law no. 263/2010 ,, with subsequent amendments and completions, and of Law no. 227/2015 , with subsequent amendments and completions. (3) The periods for which the payment of the social security contribution may be made are those prior to the date on which the conditions, provided by law, regarding the standard retirement age are met. (4) The standard retirement age is set out in Annex no. 5 5 to Law no. 263/2010 , with subsequent amendments and completions. (5) The periods for which, under the conditions provided by this law, the persons referred to in par. (1) pay the social security contribution shall be considered a contribution period in the public pension system. + Article 2 (1) Interested persons referred to in art. 1 1 para. (1) conclude a social insurance contract, within 6 months from the entry into force of this law, according to the model set out in the annex that is an integral part of this law. (2) The social insurance contract provided in par. (1) shall be concluded between the person concerned or, as the case may be, his trustee, designated by special power of attorney, and the territorial pension house in the territorial area of domicile or residence of the person concerned + Article 3 The periods of time for which the payment of the social security contribution can be made are those that fall within the time frame between the date of conclusion of the social insurance contract according to the present law and the last 5 previous years this data. + Article 4 (1) The social security contribution due shall be calculated by applying on the monthly basis for calculating the share of the social security contribution for normal working conditions, regulated by the legislation in force for each month/between the months from the periods for which payment is requested in order to consider the contribution period in the public pension system. (2) The monthly calculation basis provided in par. (1) constitute at least the amount of a minimum gross basic salary per country guaranteed in payment, regulated by the legislation in force for each month/between the months of the periods for which the payment of the insurance contribution is requested social. The minimum gross basic salary per country guaranteed in payment is the one approved by Government decision. (3) The monthly calculation basis provided in par. ((2) may not be higher than the corresponding value of five times the average gross earnings used to substantiate the state social insurance budget. (4) The value of the average gross earnings used to substantiate the state social insurance budget, provided in par. ((3), is the one provided for in the normative acts in force at that time. + Article 5 Share of social insurance contribution, provided for in art. 4 4 para. ((1), which shall be used in the calculation of the social security contribution due shall be that provided for in the normative acts in force at that time + Article 6 ((1) The payment of the social security contribution shall be made in a single instalment or staggered, in monthly instalments, within 6 months from the entry into force of this Law. (2) The amount as a social security contribution calculated according to the provisions of art. 4 and 5 are updated with the inflation index published in the month in which the payment of the contribution is made compared to the month for which it is due, based on the data communicated by the National Institute of Statistics. ((3) The payment of the social security contribution shall be made by postal order or by any other means of payment provided by law, including in cash, at the cashier of the territorial pension house within whose radius the person's home is located. + Article 7 The monthly calculation basis to which the social insurance contribution is paid, namely the one provided for in art. 4 4 para. (2), is used in the calculation of the monthly score used, according to the law, when determining the amount of pension in the public pension system. 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
FLORIN IORDACHE
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, October 20, 2016. No. 186. + Annex NATIONAL PUBLIC PENSION HOUSE THE COUNTY PENSION HOUSE .................../ PENSION HOUSE OF THE CITY OF BUCHAREST SOCIAL INSURANCE CONTRACT No. ..... of the day ..... month ...... year ......... Concluded between Territorial House of Pensions ................, hereinafter referred to as the House, represented by the executive director, as an insurer, based in .........................., str. ................ ................ No. ...... ......, bl. ......., sc. ......, et. ....., ap. ......, post office ................, county ................... /sector ............., and Contract holder ................../ (name and surname) ..............., CNP ................, sex (M/F) ...., date of birth ......../ (an/month/day) ........, identity document: ............... series ................ no. ........................, address: locality: ................, str. ................. ................. No. ...... ......, bl. ......., sc. ......., et. ......., ap. ........... ..........., post office ................................., county/sector: ................................, phone: .......................... [] represented by trustee ...../ (name and surname) ................, CNP ..............................., identity document: ......., series .......... no. .............. Article 1. -The object of this social insurance contract is the insurance in the public pension system requested by the insured or the trustee. Article 2. -(1) The insurance period and the insured income are: a) year 2011, month/months .................., income insured ........... lei; b) 2012, month/months ................., income insured ........... lei; c) 2013, month/months .................., income insured ........... lei; d) 2014, month/months .................., income insured ........... lei; e) the year 2015, month/months .................., income insured ........... lei; f) 2016, month/months .................., income insured ........... lei; g) 2017, month/months ................., income insured ........... lei. (2) The share of social insurance contribution for normal working conditions is the one provided for in the normative acts in force during the period for which the insurance is concluded, according to par. ((1). (3) The total amount of the social security contribution is ......................... lei. (4) The total amount provided in par. (3), representing the amount of the social security contribution, shall be updated with the inflation index published in the month in which the payment is made, compared to the month for which it is due, based on the data communicated by the National Institute of Statistics. (. Payment of contribution shall be made: a) in full, in a single tranche-within 6 months from the entry into force of the law; b) in monthly instalments-within 6 months from the entry into force of the law. (6) The account in which the social security contribution is paid, opened to the State Treasury on account of the House, is ............... (7) The payment of the social security contribution may also be made in cash, at the cashier of the House, or by any other means of payment provided by law. Article 3. -The obligations of the House are: a) payment of the pension due in the public pension system; b) the certification of the contribution period, the annual score and the cumulative score for the contribution period. Article 4. -The insured's obligations are as follows: a) payment of the social security contribution in the amount and in the manner established in art. 2 2; b) notice of the House on changes in the terms of this social insurance contract; c) presentation of the insured at the premises of the House when requested, respecting the term provided in the invitation Article 5. -Clauses: (1) The contribution period shall be from the summation of the months for which the social security contribution has been paid. ((2) This social insurance contract shall enter into force on the date of its signature by the Contracting Parties and its registration at the House. (3) The duration of the contract expires at the end of the 6-month period provided by law, with the maintenance of the effects acquired (4) In case of force majeure, the contracting parties shall be exempt from liability for non-execution or improper execution or late of the obligations assumed by this social insurance contract. The force majeure case turns out the side that invokes it Article 6. -Disputes in connection with the execution of this social insurance contract, outstanding between parties amicably, are the competence of social security departments, specialized social insurance panels at the level of courts and appeals courts or, as the case may be, shall be settled by the competent courts according to the law Insurer, Insured, ............ ............ ............ -----