Principles of the Public Pension System in Romania

By Lesni, Claudiu Iulian | Contemporary Readings in Law and Social Justice, July 1, 2017 | Go to article overview

Principles of the Public Pension System in Romania


Lesni, Claudiu Iulian, Contemporary Readings in Law and Social Justice


1.Introduction

The insurance holders of the public pension system can be Romanian citizens, foreign citizens or stateless persons during the period when they domicile or have residence in Romania. The Romanian citizens, citizens of other countries and stateless persons not domiciled or resident in Romania can also be insured persons of the public pension system, under conditions stipulated by the international legal instruments to which Romania is a party. The insured persons must pay social security contributions and are entitled to social security benefits (art. 5).

The public pension system provides under law compulsory insurance to (Drumea, 2015: 81):

- Persons conducting activities based on an individual contract of employment, including soldiers and graduated volunteers;

- Civil servants;

- Active military personnel, soldiers and graduated volunteers, police officers and civil servants with special status from the penitentiary system, the national defense field, public order and national security;

- Persons who obtain professional incomes, other than salaries, from copyright and related rights defined pursuant to art. 7 paragraph. (1) pt. 131 of Law no. 571/2003 regarding the Fiscal Code, and from contracts / agreements concluded under the Civil Code. Art. 7 par. 1 pt. 131 of the Fiscal Code: copyright and related rights - their object is represented by original works of intellectual creation in the literary, artistic or scientific field, regardless of their creative manner, mode or form of expression and regardless of their value and destination, the derived works created starting from one or more pre-existing works, as well as rights related to copyright and sui-generis rights, pursuant to provisions of Law no. 8/1996 on copyright and related rights as subsequently amended and supplemented.

- Persons who work in elective or appointed positions within the executive, legislative or judicial authority, during their mandate, as well as cooperative members of a craftsmen's cooperative organization, whose rights and obligations are assimilated to those of the persons mentioned above;

- Persons receiving monthly emoluments, which are provided from the unemployment insurance budget.

- Persons earning exclusively, a gross income per calendar year equivalent to at least 4 times the average gross salary used to ground the state social insurance budget, and who are in one of the following situations:

a) Directors or managers who concluded an administration or management contract;

b) Members of individual enterprises and family enterprises;

c) Persons authorized to do business;

d) Persons employed in international institutions if they are not their insured persons;

e) Other persons who achieve income from professional activities.

- Military personnel put in reserve, police officers and civil servants with special status in the penitentiary system and whose work relations ceased, of the national defense field, public order and national security, receiving monthly aid, which is provided from the state budget.

Lawyers, the clerical personnel and the one assimilated within creeds recognized by law, not integrated into the public system, and anyone who wants to take an insurance, respectively to complete their insured income, can be insured in the public pension system based on social insurance contract. (art. 6). Art. 6 was amended by Government Emergency Ordinance no. 117/2010 (published in the Official Gazette of Romania, Part I, no. 891 of 30 December 2010)

The normative act on this matter is Law no. 263/2010 on the unitary public pension system, published in the Official Gazette of Romania, Part I, no. 850 of 20 December 2010, subsequently amended by Government Emergency Ordinance no. 117/2010 (published in the Official Gazette of Romania, Part I, no. 891 of 30 December 2010).

According to that normative act, the right to social security is guaranteed by the State (art. …

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