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Law No. 27 Of 28 December 1966 (Republished) Concerning The Pensions Of State Social Insurance And Supplementary Pension

Original Language Title:  LEGE nr. 27 din 28 decembrie 1966 (*republicată*) privind pensiile de asigurări sociale de stat şi pensia suplimentară

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LEGE no. 27 27 of 28 December 1966 (* republished *) on state social insurance pensions and supplementary pension
ISSUER GREAT NATIONAL ASSEMBLY
Published in BROCHURE No. 116 116 of 25 October 1972



------------- Note * *) Republicated pursuant to art. VII of decree no. 386/1972 , published in the Official Bulletin of the Socialist Republic of Romania, Part I, no. 113 of 20 October 1972. In the Socialist Republic of Romania the working people are entitled to material insurance in case of old age or incapacity for work, as guaranteed by the Constitution. The sustained and permanent development of the national economy and, on this basis, the increase of national income year after year, make it possible to continuously raise the welfare of working people-the fundamental purpose of the Romanian Communist Party's policy. Consistent with this policy, the 9th Congress of the Romanian Communist Party also decided to increase the incomes of all pensioners, a decision that makes it necessary to improve the current retirement system. The improved retirement regime will be one of the significant elements of the general system of material co-interest, a stimulating factor in the production of material and spiritual assets of our society, ensuring the employees perspective obtaining adequate income in retirement, commensurate with the contribution to the development and prosperity of the homeland. + Title I STATE SOCIAL INSURANCE PENSIONS + Chapter 1 General provisions + Article 1 They have the right to state social insurance pension: a) employees; b) those who have become disabled during and due to the fulfillment of military obligations or state or public tasks; c) students and students become disabled during and because of the professional practice; d) followers of the above mentioned. + Article 2 The pension categories are: a) for the age limit; b) invalidity; c) survivor. + Article 3 Pensioners, as well as their family members, have the right to medical assistance, medicines, sanitary materials, social assistance, aid in case of death and other rights, in accordance with the legal norms in force. + Article 4 The funds necessary for the payment of pensions, social assistance and other rights due to pensioners and their family members shall be made from the contributions of undertakings, other organizations and individuals who employ, as well as from the amounts allocated for this purpose from the state budget, without any deductions from the salary. + Article 5 The following elements shall be taken into account in determining the amount of the pension: a) seniority; b) the tariff rate of employment; c) the degree of disability and the cause that caused the invalidity; d) the conditions of the workplace. + Article 6 (1) The workplaces, according to the conditions under which the activity was carried out, shall be divided into three groups in relation to the influence of the harmful factors on the organism, the physical and neuropsychiatric request or the dangerousness, as follows: -Group I of work, in which the jobs with very harmful, very heavy or very dangerous conditions fall; -group II of work, in which the jobs with harmful, heavy or dangerous conditions fall; -group III of work, in which the other jobs fall. (2) The establishment of jobs falling within groups I and II of work shall be done on the basis of the criteria and by the bodies provided for by the decision of the Council of Ministers. (. For each year actually worked in the employment places of groups I and II, the following increases of seniority shall be granted: a) 6 months for those who worked in the group I jobs; b) 3 months for those who worked in the second group jobs. + Chapter 2 Pension for the age limit + Article 7 The full pension for the age limit is granted to employees who have worked in jobs classified in group III, at least 25 years, men and 20 years, women, as follows: a) at the request of the unit, after reaching the age of 62, men and 57 years, women; for teachers and lecturers of higher education, as well as for directors, deputy scientific directors, scientific secretaries, heads of department and the heads of the sector-laboratory in scientific research, after reaching the age of 65, men and 60 years, women; b) at the request of the rightful one, his guardian or his curator, after the 60th anniversary, the men and 55 years old, the women. + Article 8 (1) For employees who have worked in jobs classified in groups I and II and have the age in work for 25 years, men and 20 years, women, retirement ages provided in art. 7 7 shall be reduced by: a) 6 months for each year actually worked in the group I jobs; b) 3 months for each year actually worked in the second group jobs. ((2) The retirement age shall be reduced only by years without being less than 50 years. + Article 9 Employees without visual capacity have the right to full pension for the age limit, if they have reached the age of 50, men, with a working age of at least 15 years and 45 years, women, with a working age of at least 10 years. + Article 10 ((1) The retirement ages referred to in art. 7 7, art. 8 8 and art. 9, for women, are reduced by: a) one year, for those who gave birth to 3 children and raised them up to the age of 10 years; b) two years, for those who gave birth to 4 children and raised them up to the age of 10 years; c) three years, for those who gave birth to 5 children or more and increased them to the age of 10 years. (2) The pension at the age limits thus reduced shall be made only at the request of the employee. + Article 11 (1) Professional civil aviation personnel shall be entitled to full pension for the age limit at the age of 50, if they are at least 25 years old, men and 20 years of age, women, as staff. navigating. ((2) The working age as a professional aircrew in civil aviation shall be determined in relation to the function performed, the number of flight hours and the type of aircraft. (3) Professional seafarers in civil aeronautics who have seniority, in this capacity, required for the granting of the full pension for the age limit, but has not reached the age of 50 and is stopped by the competent bodies to perform functions on board aircraft, since it no longer corresponds psychophysically, has the right to a transitional pension in the amount of the third degree disability pension, caused by the usual disease. (4) The decision of the Council of Ministers shall establish the functions of civil aviation navigating personnel, the way of calculating the length of service in these functions and of the pension. + Article 12 (1) Artistic staff from artistic institutions who have an effective age in the profession of 25 years, men and 20 years, women, have the right to a full pension for the age limit at the fulfillment of the viruses that will be fixed by decision of the Council of Ministers, in relation to the established functions, but not less than 50 years, men and 45 years, women. (2) The functions of artistic personnel, art institutions, the way of calculating the seniority and the pension, shall also be determined by the decision of the Council of Ministers. + Article 13 (1) The full pension for the age limit is set in percentages of the tariff salary, at the end of the minimum age, as follows: Tariff salary (lei) For jobs with very harmful, very heavy or very dangerous conditions (group I) For jobs with harmful, heavy or dangerous conditions (group II) For other jobs (group a) III) Pension in percentages of the tariff salary Minimum pension (lei) Pension in percentages of the tariff salary Minimum pension (lei) Pension in percentages of the tariff salary Minimum pension (lei) up to 80095-90-85- la801la900907608572080680 '' 901 '' 1200858108076575720 '' 1201 '' 16008010207596070900 '' '' 1601 '' 2000751280701200651120 '' 2001 ' '2500701500651400601300 **) peste2500651750601625601500 (2) For those who worked in jobs classified in groups I and II, the above percentages apply if the employees actually worked, in those places, at least 20 years. (3) If the employees of groups I and II of work are less than in the third group of work, giving the following percentage increases, in proportion to the years worked in group I and II; -0.5 percent of the tariff salary for each year actually worked in jobs classified in Group I; -0.25 percent of the tariff salary for each year actually worked in jobs classified in group II. (4) For each year of seniority over the minimum age required to obtain the full pension for the age limit, an additional percentage of 0.5 percent applied to the tariff salary is granted. + Article 14 (1) Employees who do not meet the conditions of seniority provided for obtaining the full pension for the age limit have the right to retire, at the age of 62, men and 57 years, women if they are at least 10 years old in work. (2) The pension is calculated in proportion to the number of years of work. + Chapter 3 Invalidity pension + Article 15 (1) They have the right to invalidity pension those who have lost all or part of their ability to work. (2) The invalidity pension shall be granted at the request of the entitled, guardian or its curator. (3) The invalidity of the pension shall be three degrees, in relation to the incapacity of work, namely: a) degree I disability, characterized by total loss of work capacity and need for care and supervision of the invalid by another person; b) second degree invalidity, characterized by total loss of work capacity, with the possibility of invalid to serve without the help of another person; c) Invalidity of the third degree, characterized by partial loss of work capacity. + Article 16 After the causes that cause disability, the disability pension is two kinds: a) disability pension caused by work accident or occupational disease; b) disability pension caused by accident outside of work or ordinary illness. + Article 17 The invalidity pension caused by the work accident or the occupational disease shall be granted without requiring the fulfilment of any conditions of seniority: a) employees; b) to those who meet military obligations; c) students and students who do professional practice; d) of those who perform state or public tasks. + Article 18 (1) By accident of work, within the meaning of this law, it is understood the violent injury of the body, as well as acute professional intoxication, which causes disability or death, occurred during the performance of duty, tasks state or public or professional practice. (2) The accident occurred during the movement from home to work and from work to home is assimilated, for the purposes of this law, with the work accident, if it occurred in the period necessary for travel. (3) It is also assimilated with the work accident, in respect of the right to a pension, the accident occurred during and due to the fulfilment of military obligations. (4) The provisions of par. 2 applies, accordingly, also to those who meet military obligations, state or public tasks or perform professional practice. + Article 19 (1) It is considered professional diseases that are caused by the conditions under which certain work was carried out. (2) Professional diseases shall be determined by the decision of the Council of Ministers. + Article 20 The pension is also granted if the invalidity has subsequently occurred to the work accident or occupational illness, if it is found that the disability is the consequence of the work accident or the occupational disease. + Article 21 (1) The amount of invalidity pension caused by work accident or occupational disease shall be determined, for employees, in percentages of the tariff salary, in relation to the degree of invalidity and labor group, as follows: a) for the first degree of invalidity: Groups I and II work Tariff salary (lei) Pension in percentages of the tariff salary Minimum pension (lei) up to 100095-from 1001la110090950 '' 1101 '' 120085990 '' 1201 '' 1600801020 '' 1601 ''2000751280 '' 2001' '2500701500 '' 2501' '3000651750 **) peste3000651950 Group III of work Tariff salary (lei) Pension in percentages of the tariff salary Minimum pension (lei) up to 80095-from 801la90090760 '' 901 '' 100085810 '' 1001 '' 110080850 '' 1101 ''220075880 '' 1201' '260070900 '' 1601' '2000651120 '' 2001' ' 2500601300 **) over 2500601500 b) for the second degree of invalidity, the amount of the pension is 85 percent of the pension established for the first degree; c) for the third degree of invalidity, the amount of the pension is 60 percent of the pension established for the first degree (2) For those referred to in art. 17 17 letter b, c and d, which did not have the status of employee before, the amount of the pension shall be that established by the decision of the Council of Ministers. + Article 22 (1) The invalidity pension caused by the accident outside of work or the usual disease shall be granted to the employees. (2) It is also granted invalidity pension caused by the disease common to those who meet military obligations. (3) Persons classified in a degree of invalidity, who have reached the age of 60, men and 55 years, women, and meet the conditions required for obtaining the invalidity pension, will be registered, ex officio, in retirement age, the rights established according to art. 24-26. If they meet the necessary conditions for obtaining the pension for the age limit, they can ask for the calculation of the pension according to 13 13 or art. 14 14, as appropriate. + Article 23 (1) The invalidity pension provided for in art. 22 shall be granted to those who meet military obligations regardless of age in work, and to employees if they have, at the date of irviation of invalidity, the seniority in employment in relation to the age shown in the following table: | Minimum age in work (years) Age at the date of --------------------------------------------- ivirii disability | male female employees after graduation | higher education --------------------------- --------------------------- ------------------------------------------------------------- up to 20 years | 1 1- from 20 years to 22 years | 2 1- '' 22 years '' 25 years | 3 2 | 1 '' 25 years ' 30 years | 6 4 '' 30 years '' 35 years | 9 6 | 4 '' 35 years '' 40 years | 12 9- 7 '' 40 years ' 45 years | 14 11 9 '' 45 years '' 50 years | 16 13 11 '' 50 years '' 55 years | 18 15 13 '' 55 years '' 60 years | 20 16 15 over 60 years | 22 17 17 --------------------------- --------------------------- ------------------------------------------------------------- (2) For employees sick with tuberculosis, it is not required to meet any conditions of seniority. ((3) The pension shall be granted only if the invalidity occurred during the activity of the employee or the performance of the military obligations, as well as within 90 days after the cessation of the employee activity or military obligations, in the latter case, only if those concerned had the status of an employee before the military obligations were fulfilled. (4) The pension is also granted if the invalidity arose within one year after the end of the employed activity or the military obligations-for those who had earlier the status of an employee-if the invalidity is a consequence of a disease contracted or an accident occurred during the activity of the employee or the fulfillment of military obligations. + Article 24 (1) The amount of invalidity pension caused by accident outside of work or ordinary disease, for employees who have the seniority provided by art. 23, shall be determined in the basic percentages of the tariff salary, in relation to the degree of invalidity, as follows: a) for the first degree of invalidity: Tariff salary (lei) Pension in basic percentages of the tariff salary Minimum of pension to the basic percentage (lei) up to 80060-from 801la90055480 '' 901 '' 120050495 '' 1201 '' 160045600 '' 1601 '' 200040720 '' 2001 '' 250035800 **) peste250035875 **) For each year of seniority, up to the age of 25, an additional 1 percent of the tariff salary is granted; for each year exceeding this seniority an additional 0.5 percent of the salary shall be granted. tariff; b) for the second degree of invalidity, the amount of the pension is 85 percent of the first-degree disability pension; c) for the third degree of invalidity, the amount of the pension is 60 percent of the first degree disability pension. (2) For those referred to in art. 22 22 para. 2, which did not have the status of employee before, the amount of the pension is the one established by the decision of the Council of Ministers. (3) For employees sick with tuberculosis the amount of the pension is established according to art. 21. + Article 25 (1) They have the right to invalidity pension caused by accident outside of work or ordinary disease and those who are less than that provided in art. 23 23, but not less than 1/2 of this seniority. (2) The pension is calculated according to art. 24, of the amount thus established shall be granted the pension corresponding to the age taken in relation to that required by art. 23. + Article 26 (1) First-degree invalidity pensioners are entitled, apart from retirement, to an allowance for care of 300 lei monthly. (2) The allowance provided for in the previous paragraph also benefits those who, having a first degree disability, receive the amount of the pension for the age limit. + Article 27 (1) The invalidity pensioners shall be subject to periodic medical review, in respect of their work capacity, except those who: a) have irreversible invalidity; b) have reached the age of 55, men and 50 years, women. c) have fulfilled the required age for granting the pension for the age limit, if their retirement is made at the age of less than 55 years, men and 50 years, women. (2) Invalidity pensioners may seek medical review whenever their health has improved or worsened. (3) The invalidity pensioners benefit from the provisions of par. 2 only until the age of 60, men and 55 years old, women. Invalidity pensioners as a result of work accidents or occupational diseases can ask for medical review and after the fulfillment of these ages. + Article 28 (1) Grade I invalids, who have the age in the work necessary to obtain the pension for the age limit, are entitled to its amount, even if they have not fulfilled the required age for obtaining such a pension. (2) The provisions of paragraph 1 benefit both those who have the status of invalidity pensioners, as well as those who apply for pension registration. (3) The invalidity pensioners who receive the amount of the pension for the age limit remain subject to medical review, except for those provided in art. 27 27 para. 1. (4) The amount of the pension for the age limit shall be granted ex officio, whenever it is more advantageous. + Chapter 4 Survivor's pension + Article 29 (1) They have the right to survivor's pension, under the conditions provided for each one, family members, namely: children, wife, husband, parents, brothers and sisters, who were in the maintenance of the deceased supporter. (2) Family members have the right to survivor's pension only if the deceased was retired or if, at the time of death, he met the conditions for obtaining a pension. (3) If the deceased was not retired, but fulfilled the conditions of seniority in the work for granting the pension for the age limit, the family members have the right to survivor's pension, regardless of the date when the death of the supporter occurred. (4) If the salaried mother has died due to a birth, the child's pension shall be granted as for the descendants of those referred to in art. 17 lit. d. (5) The survivor's pension shall be granted at the request of the right, parent, guardian or curator. + Article 30 ((1) Children have the right to survivor's pension: a) until the age of 16 or, if they continue their studies, until their completion, without exceeding the age of 25 years; b) if they have been in a state of invalidity of any degree, before the fulfillment of the viruses shown at letter a, for the duration of the invalidity. (2) In the event of the death of one of the parents, children have the right to survivor's pension, even if the parent left alive is in work. ((3) Children shall be deemed to have been dependent on the deceased supporter by their very quality of children. + Article 31 (. The wife or spouse shall be entitled to survivor's pension if: a) he turned 55 years old, wife and 60 years, husband, throughout his life; b) at the time of death of one of the spouses, the surviving spouse has one or more children, until the children turn 16 or, if they continue their studies, until their completion, without exceeding the age of 25 years, or until their marriage or their demise before the end of these ages; c) is in a state of invalidity, of any degree, for the duration of disability. (2) The wife also has the right to survivor's pension, throughout her life, if: a) he turned 50 years old and gave birth, until the date of death of the supporter, 5 or more children; b) has reached the age of 50 and has at least 20 years of marriage with the deceased husband; if he has between 15 and 20 years of marriage he has the right to retire at the same age, but the pension is calculated in proportion to the years of marriage. (3) The wife or husband has a right to a survivor's pension while he is not an employee, a member of a craft cooperative or does not exercise a profession or a profession on his own. (4) The wife or husband who does not meet the conditions provided in par. 1 and 2 has the right to survivor's pension until employment, but not more than 6 years after the death of the supporter. ((5) The wife or husband applying for survivor's pension under par. 1 lit. a or c has a right to this pension if the duration of the marriage was at least 5 years, if at the time of marriage the supporter was retired for the age limit; if the death of the supporter was caused by an accident, of any nature, or occupational disease, survivor's pension is granted regardless of the duration of the marriage. (6) The wife or husband is considered to be dependent on the supporter if he had the same domicile or if he provided the necessary for the existence. + Article 32 (. The parent shall be entitled to survivor's pension if: a) he turned 60 years old, his father 55 years, mother, for the whole time of his life; b) has become invalid of any degree, for the duration of disability. (2) The parents are entitled to survivor's pension during the time they are not employees, members of a handicraft cooperative or do not exercise a profession or a profession on their own. (3) The executive committees of the popular councils, within which the parents who request the survivor's pension reside, will attest if they were dependent on the supporter. + Article 33 (1) The brothers and sisters are entitled to survivor's pension: a) until the age of 16 or, if they continue their studies, until their completion, without exceeding the age of 25 years; b) if they have been in a state of invalidity of any degree before the fulfillment of the arteries at the letter a, for the duration of the invalidity. (2) The brothers and sisters are entitled to survivor's pension, if at the time of the pension application they are orphaned by both parents. If they have parents in life, the pension is granted only if they do not receive a pension, are not employed or do not exercise a profession or a profession on their own. (3) The brothers and sisters have as a survivor's pension during the time they are not employees, members of a handicraft cooperative or do not exercise a profession or a profession on their own. (4) The executive committees of the popular councils, within which the brothers and sisters who request the survivor's pension reside, will attest if they have been in the maintenance of the supporter. + Article 34 (1) If the wife or the surviving spouse or one of the parents of the deceased do not meet the conditions provided by art. 31 or 32, benefit from survivor's pension, all the time while they are not employed or do not exercise a profession or a profession on their own, if any of these persons care for one or more children, brothers or sisters of the deceased, who do not have reached the age of 16, until the fulfillment of this age or until their marriage or death, intervened before the end of the above mentioned age. (2) Provisions of para. 1 applies to the surviving spouse only if he cares for one or more children from another marriage or brothers or sisters of the deceased spouse. + Article 35 (. The amount of the survivor's pension shall be determined as the basis for calculation: a) the deceased supporter's pension, if he was retired. If the deceased was a pensioner of invalidity of Grade II or III, it will be taken as a basis for the calculation of the first degree disability pension, differentiated according to the case that determined the pension registration of the deceased supporter; b) the pension for the age limit that would have been due to the deceased supporter; c) the pension corresponding to the degree I of invalidity that would have been due to the deceased, differentiated after the cause that caused the death. (2) If the deceased was due or more pensions were due to those provided in par. 1, it will be taken as a basis for calculation, ex officio, the most advantageous pension. (3) In order to establish the survivor's pension due to orphaned children of both parents, the cumulative pensions that were due or would have been due to the deceased parents will be taken as a basis for calculating the cumulative pensions. In this case, the most advantageous pensions, which were due or would have been due to the parents, according to the norms provided in par. 1 1 and 2. ((. One of the following percentages shall apply to the calculation base: Percentage Number of followers entitled to pension 100for 3 or more 75for 2 50for 1 + Chapter 5 Social aid + Article 36 ((1) Employees who do not meet the conditions for obtaining a pension and are deprived of their own means of existence have the right to social assistance, which is paid from the state social insurance fund, if they fall into one of the following Situations: a) are 62 years old, men and 57 years old, women, and are at least 5 years old actually worked; b) are disabled of any degree, following a common disease or an accident outside of work, and have actually worked at least 1/4 of the seniority provided in art. 23, necessary for the granting of invalidity pension. (2) The surviving spouse and the children of a deceased beneficiary of social assistance shall be entitled to social survivor's assistance if they meet the conditions laid down for the granting of the survivor's pension and are deprived of their own means of existence. (3) By means of its own existence means the achievement of monthly income, equal to the amount of social assistance for the respective category, or higher. + Article 37 Those who receive social assistance, as well as their family members, benefit from the rights provided by art. 3. + Article 38 The decision of the Council of Ministers will determine the amount of social assistance and will be able to grant such aid and other persons or categories of persons, devoid of means of existence. + Chapter 6 Length of service + Article 39 (1) Old work is considered as a period of time as a person has worked as an employee, regardless of the type of employment contract and the way of remuneration of work, the situations provided in the Labor Code as seniority or uninterrupted seniority in work, periods of imprisonment, racial persecution or other periods established by the decision of the Council of Ministers in which a person carried out an activity or, due to causes that could not remove them, was prevented from carrying out. (. For employees who perform less than a full-time work, the length of service shall be taken into account in proportion to the full time. (3) The time of the employees who, according to the law, were assigned to part-time positions, in order to raise children up to the age of 7, is considered to be at the length of time worked full-time. (4) For those who work more than one norm, the time corresponding to a whole rule is considered to be seniority. + Article 40 (1) The time worked abroad by a foreign citizen shall be considered to be seniority only on the basis of the conventions concluded between the Socialist Republic of Romania and the respective state, under the conditions established by these conventions. (2) The conventions regarding the problems of social provisions, concluded by the Romanian state with other states, will be applied accordingly by all sectors of activity with their own insurance and pension systems. + Chapter 7 Tariff rate + Article 41 (1) The tariff salary that is taken as a basis for calculating the pension is the average of the monthly tariff salaries of 5 years worked consecutively, at the choice of the employee, from the last 10 years before the end of the salary activity. *) ------------- *) According to art. III of Decretuluinr. 386/1972, to persons who request the granting of the pension after the date of entry into force of this decree and choose as a basis for the calculation of the pension, according to art. 41 41 of Legeanr. 27/1966, the tariff rates of employment of 5 years prior to November 1, 1972, are added to the pension resulting from the calculation an increase of 10 percent. a) full pension for the age limit: tariff salaries 2501-3000 leiOver 3000 lei-group I of work-lei-2145-group II of work-lei-1980-group III of work-lei -16501815 b) disability pension caused by work accident or occupational disease for the first degree-groups I and II of work-lei-2145-group III of work-lei -16501815 c) disability pension caused by accident outside of work or ordinary disease-for the degree I-lei -963990 (2) For employees who have worked for at least 10 years in jobs falling within groups I and II, the tariff salary that is taken as a basis for calculating the pension is the average monthly tariff salaries of 5 years worked consecutively, at employee's choice, from the last 15 years prior to the termination of the employee activity. (3) If in the last 10 years, respectively 15 years, the employee has worked less than 5 years, the basis for calculating the pension is the average monthly tariff salaries from the period in which he worked. (4) For the periods of activity prior to August 1, 1959, which are taken into account when establishing the pension calculation base, the salaries envisaged at the recalculation of pensions will be used according to decree no. 292/1959 . + Article 42 ((. The average monthly tariff rates to be taken into account when calculating the pension shall be determined on the basis of: a) the monthly salary rate of employment, for those paid by the month; b) the tariff rate of employment, corresponding to 204 hours, for those paid by the hour; c) the calculation tariff salary, for those paid with the percentage share; d) the salary to which the social insurance contribution was paid, for those employed in individuals. (2) For employees who aggregate two functions, at the establishment of the average of the monthly tariff salaries, the tariff salary of the basic function is taken into account, and for those who are assigned to posts with a part-time basis, the tariff rate of Proper framing of whole norm. Employees who aggregate two entire labor rules can opt for the most advantageous salary. (3) In the tariff salary shall be included any amounts that are included, according to the legal provisions, in this salary. + Chapter 8 Establishment of pensions and social benefits + Article 43 (1) The establishment of pension and social assistance is made by decisions given by the pension bodies of the directorates or offices for labor problems and social protection. (2) Against the decisions given by the organs provided by par. 1 an appeal can be made, within 60 days from their communication, to the appeal committees under the directions for labor problems and social protection. (3) Decisions of pension bodies, shown in par. 1, unchallenged within the deadline, as well as those of the appeal committees, are final. + Article 44 The decisions of the pension bodies and the appeal committees, remaining final, can be reviewed by them whenever errors are found. + Article 45 (1) The appeal committees shall be appointed by decision of the executive committee of the county folk council, respectively of the city of Bucharest, and shall have the following composition: -a judge appointed by the president of the county court, respectively of the Bucharest City Court, as president; -a delegate of the Directorate for labour and social protection issues, as a member; -a trade union delegate designated by the county union body, respectively of the city of Bucharest, as a member. (2) The President and the members of the commission shall have an alternate, appointed under the same conditions. + Article 46 (1) If a person has worked in several sectors of activity that have their own insurance and pension systems, he will be established a pension or social assistance for the age limit within the state social insurance, taking into account periods as long as he worked in these sectors, only if most of the period of activity he has actually worked as an employee. The periods of time worked in other sectors of activity shall be taken into account if they are recognised as seniority for the granting of a pension right by those sectors. The staff of the cults will be enrolled in the state social insurance pension, if it ceased the activity until January 1, 1959 or if, continuing the activity after this date, it has lately worked as an employee in the sector state social insurance. The time a person worked as a member in agricultural production cooperatives cannot be used to obtain a right of pension or social assistance in state social insurance, or to recalculate the pension in this sector. (2) The work carried out as an employee will be taken into account by each of the sectors of activity in question with their own insurance and pension systems, with the exception of the agricultural production cooperative sector. ((3) If the condition referred to in paragraph is not fulfilled. 1 for the establishment of the right within the state social insurance and the one in question opts for retirement within this sector, it will be possible to establish his pension only on the basis of the age held as an employee, without taking into account the activity performed in other sectors. (4) The invalidity pension and the social invalidity aid shall be granted by the sector of activity in which the invalidity occurred. (5) If the parents worked in different sectors, with their own insurance and pension systems, orphaned children of both parents will receive survivor's pension, under the law, from both sectors. + Article 47 (1) Incadence in degrees of disability is made by decisions given by the commissions of medical expertise and work capacity recovery. (2) Against the decisions given by the commissions provided in par. 1 an appeal can be made, within 60 days from their communication, to the county commissions of medical expertise and work capacity recovery. (3) The rules for the organization and functioning of the commissions provided in par. 1 shall be established by the Ministry of Labour together with the Ministry + Article 48 The pension, social assistance and any other established amounts, due to the staff or beneficiary of social assistance, left unpaid, shall be prescribed within 12 months from the date when they had to be paid. + Article 49 ((1) Amounts paid without basis by way of pension, social assistance or other related rights, shall be recovered from those who received them. (2) If the amounts paid without basis cannot be recovered from them, the employees who are guilty of producing the damage will be held liable, according to the provisions of the Labor Code. (3) The recovery from pensioners or beneficiaries of social assistance of the amounts paid without basis is based on the decision given by the pension bodies, which constitute enforceable title. The decision shall be communicated to the person concerned and may be appealed under the conditions of 43 and 44, the appeal suspending the execution until its final settlement. (4) The right to require the refund of amounts paid without the basis of pensioners and beneficiaries of social assistance shall be prescribed within 12 months from the date of payment. (. In the event of the death of the pensioner or the beneficiary of social assistance, the remaining unrecovered amounts shall no longer be pursued. + Chapter 9 Transformation and recalculation of pensions *) -------------- *) According to art. IV of decree no. 386/1972, in the case of recalculation or conversion of pensions after November 1, 1972, without modification of the calculation base, the resulting pension is added the amount with which the pension was increased based on Decretuluinr. 315/1972, except for pensions calculated on the basis of improved percentages, which are established according to the legal provisions in force at the time of the request for recalculation or transformation Pensions recalculated or transformed after November 1, 1972, with the modification of the calculation base, shall be established according to the law in force on the date of application for recalculation or transformation, without any increase. + Article 50 *) (1) The pension for the age limit of a pensioner, who continues the activity and who becomes invalid as a result of a work accident, a occupational disease or tuberculosis can be transformed, at the request of the pensioner, into invalidity pension caused by accident at work, occupational disease or tuberculosis. *) Provisions of para. 3, introduced by Decree No 386/1972, shall apply from 1 November 1972. According to art. V of Decree no. 386/1972, invalidity pensioners of any degree, caused by accident outside of work or ordinary disease, which on November 1, 1972 have reached the age of 60, men and 55 years, women, will be passed, ex officio, on this date, in the category pensioners for the age limit with the maintenance of the pension amount, including the care allowance for first degree invalids, as well as the right that, in fulfilling the conditions necessary to obtain the pension for the age limit, Ask for the calculation of the pension 13 13 or art. 14 14 of Legeanr. 27/1966, as applicable. Invalidity pensioners, passed ex officio in the category of pensioners for the age limit, who have reached the age of 62, men and 57 years, women, and are employed on November 1, 1972, continue to benefit from the provisions art. 59 59 of Law no. 27/1966 a period of 6 months from the date of entry into force of decree no. 386/1972 386/1972. After the expiry of the period of 6 months, the cumulation of the pension with the salary is admitted under the conditions provided 57 57 and art. 58 58 of Law no. 27/1966 27/1966. Invalidity pensioners, ex officio in the category of pensioners for the age limit on 1 November 1972, who continue to receive the amount of the invalidity pension previously had, may benefit, on request, from the provisions of art. 51 51 of Law no. 27/1966, taking into account the period worked after retirement, including the 6 months worked under the conditions of the above paragraph. (2) Disability pensioners of any degree may require the conversion of invalidity pension into pension for the age limit, if they meet the conditions of seniority and age, provided by law, for the granting of a pension for the limit of virsta. (3) The invalidity pensioners of oride grade, at the age of 60, men and 55 years, women, except those whose invalidity was caused by an accident at work or by a professional disease, will be passed, ex officio, in the category of pensioners for the age limit, with the maintenance of the amount of the invalidity pension, including the care allowance, granted to the first degree invalids, they can ask for the calculation of the pension, according to art. 13 13 or art. 14, when fulfilling the conditions necessary to obtain the pension for the age limit. + Article 51 (1) The pensioner who remains or refits into work after retirement has the right to recalculate his pension, taking into account the time worked after the initial establishment of the pension, as follows: a) the invalidity pensioner may be recalculated from the pension when applying for the addition of periods of at least one year; b) pensioner for the recalculation age limit can be made only once, after retirement. *) Note * *) Suitable art. V para. 1 of Decretulnr. 970/1968, pensioner for the age limit who benefited from the recalculation of the pension by adding seniority until the date of entry into force of Decree no. 970/1968, can only ask for a single time recalculating the pension under the conditions of art. 51 51 para. 1. (2) The pensioner provided in par. 1 may require the recalculation of the pension using as a calculation basis, according to the provisions of 41, either the salary envisaged in the initial establishment of the pension, or the salaries made in the period worked after retirement, only if it worked during this period at least 3 years. (3) The invalidity pension in the situations referred to in par. 1, which continued the activity for at least 3 years, of which a period after January 1, 1967, and which requires the conversion of invalidity pension into pension for age limit, may require that, with the addition of time worked after retirement, let use as a basis for calculating the tariff salaries of the period worked after retirement-as provided for in art. 41-either the salary envisaged in the initial establishment of the pension brought at the level of the one in force at the time of the request for transformation (4) If the pensioner continues his activity in another labor sector than the one who established his pension, the recalculation is made in the conditions shown in par. 1 and 2 by the sector paying his pension. (5) The provisions of par. 3 benefits, on request, and invalidity pensioners who have been passed, ex officio, in the category of pensioners for the age limit. Only the period worked until reaching the age of 62, men and 57 years, women is taken into account when transforming their pension. Note * *) Provisions of para. 5 introduced by Decree No 386/1972, shall apply from 1 November 1972. + Article 52 In the event that the invalidity of a pensioner with invalidity pension caused by accident at work, occupational disease or tuberculosis, in a higher degree of disability, due to a common illness or accident other than an accident, is changed. work, the pension will be recalculated at the percentages corresponding to the new degree of disability for work accident, occupational disease or tuberculosis. + Chapter 10 Suspension of payment of pension and social assistance and loss of entitlement to pension and social assistance + Article 53 *) ((1) The payment of the pension and the other related rights shall be suspended during the pensioner's time: Note * *) The provision in par. 1 lit. d was repealed by Decree No 96/1971, with effect from 15 April 1971. a) establish its domicile in the territory of another country b) execute a custodial sentence; c) work on the basis of an employment contract, except for the situations provided in art. 57 57, 58 and 59. (2) Also, if the surviving spouse, retired survivor, has remarried, the payment of the pension is suspended for the entire time as long as the new marriage lasts, except in the situations in which the person with whom he has remarried is, in her turn, retired survivor or pensioner of invalidity, is not fit into work or does not exercise a profession or a profession on its own. (3) The payment of social assistance is suspended in the situations provided in par. 1 lit. a and b, as well as during the time in which the beneficiary makes income of any kind equal to the amount of the social aid for that category or higher. (4) Family members of pensioners or beneficiaries of social assistance in the situation referred to in par. 1 letter b, which meet the conditions for receiving a pension or social survivor's aid, have the right to the pension or social assistance that would have been due to them in this capacity throughout the suspension of the payment of the rights of the supporters. + Article 54 (1) In the case provided by art. 53 53 para. 1 letter b, if the conviction decision has been abolished and the one in question has been paid, the amounts due for the entire duration of the suspension will be paid, decreasing the amounts paid to the descendants. (2) In case of execution of the sentence or pardon or amnesty of the act for which the pensioner or beneficiary of social assistance was sentenced to a custodial sentence and which led to the suspension of the payment of the pension or aid The payment shall resume from the first day of the month following that in which the pensioner or the beneficiary of social assistance has been released. (3) When the other cases of suspension are terminated, the payment of the pension or social assistance shall be resumed from the first day of the month following that in which the termination of the case of suspension has occurred. + Article 55 The courts have the obligation that, within 15 days from the date of arrest of the pensioner or beneficiary of social assistance on the basis of a sentence of conviction remaining final, to communicate this situation, in writing, to the pension body respectively, in order to suspend the payment of pension or social aid. + Article 56 I lose the right to pension and to social help those who: a) they willfully invalidate themselves, in order to obtain a right to a pension or social assistance, but only in respect of the right to pension or social assistance arising from this invalidity; b) were convicted of killing or causing a disability to the supporter, but only in respect of the right to pension or social assistance arising from this deceased supporter. + Chapter 11 Pension cumulation with salary + Article 57 (1) Retirement with full pensions for the age limit, as well as pensioners with pensions granted by decisions of the Council of Ministers and other competent bodies, strictly necessary for the units, maintained or reassigned to work in office admitted to the cumulation, have the right, during the time they work, to receive besides salary, and 50 percent of the pension, but not less than 500 lei. (2) Provisions of para. 1 applies to those who retire under the conditions of art. 7 letter b, only after the age of 62, men and 57 years old, women. (3) The ministries, the other central bodies and the executive committees of the county folk councils and the city of Bucharest establish the trades and functions in which the cumulation of the pension with the salary is admitted. + Article 58 (1) Pensioners referred to in art. 57 57 para. 1 and 2 receive, in addition to salary, and the pension in full, during the time they are employed: a) in posts up to and including the same time; b) with fixed-term employment contracts of up to 4 months, during a calendar year; c) to individuals, agricultural production cooperatives and mutual aid houses. (2) It also benefits from pension in full, besides salary, and other categories of employees, necessary for socialist organizations, established by decisions of the Council of Ministers, regardless of the way of pension. + Article 59 (1) The third degree invalidity pensioners will receive, during the time they are employed, besides the salary, and the pension in full, without them together being able to exceed the tariff salary in force, corresponding to the position disability. (2) If the tariff salary together with the pension or only the tariff salary exceed the tariff salary in force, corresponding to the position held at the date of retirement of invalidity, the pension shall be reduced or the payment of the pension shall be suspended, as the case may be. The tariff salary in force is the one in the month for which the payment is made. (3) The first and second degree invalidity pensioners, who have the recommendation of the bodies of medical expertise and work capacity recovery for the provision of a comforting activity, will receive, during the time they are employed, the pension entirely. (4) The provisions of par. 1 and 2 benefit, until the age of 62, the men and 57 years, the women, and the pensioners of invalidity grade III, to whom, at the crossing, ex officio, in the category of pensioners for the age limit, were maintained the amount of the pension disability. + Chapter 12 Final provisions + Article 60 (1) Persons who carried out revolutionary activity before August 23, 1944 are entitled to a pension in the state social insurance, under the conditions of this law. (2) The period of holding in prisons and camps as a result of the revolutionary activity carried out until August 23, 1944 constitutes seniority. For each year, the person concerned was in such possession for 6 months of seniority. (3) The period in which a person worked as an activist of the Romanian Communist Party, of revolutionary and anti-fascist working-class organizations, until August 23, 1944, also constitutes seniority. (4) When establishing the pension, proof of the periods provided in par. 2 and 3 are done only with acts issued by the organs that have evidence of such situations. + Article 61 (1) Persons who prove with acts that they have contributed to the former social insurance other than that of employee and meet the conditions of age and seniority, may be registered for the age limit pension, as the employees, only if in the last 10 years of activity have worked as employees. (2) Those who have a working age of at least 25 years, men and 20 years, women, but have not worked for at least 10 years as employees, have the right to a pension of 650 lei monthly. (3) Those who have a working age of less than 25 years, men and 20 years, women, but not less than 10 years old and do not meet the condition of seniority as employees, provided in par. 1, are entitled to a pension calculated from the pension of 650 lei, proportional to the proven age, without being able to be less than 455 lei monthly. (4) Followers of those provided in par. 1-3 including have the right to survivor's pension under the conditions of this law. (5) Those who have a working age of 25 years, men and 20 years, women, retired for the time paid to former social insurance in another capacity than that of employee, and worked after retirement for at least 10 years as employees, may ask the establishment of a pension for the age limit, using as a basis for the calculation of the average monthly tariff salaries from 5 years of consecutive activity in the last 10 years. + Article 62 Citizens of a foreign state and their descendants domiciled on the territory of the Socialist Republic of Romania can apply for a pension or social assistance for time served in the foreign country, according to the conventions concluded between the Socialist Republic of Romania and that state. + Article 63 (1) The pension of any kind may not be higher than the tariff salary on the basis of which it was calculated. (2) No one can receive only one pension, regardless of the fund from which it is paid or by the law in which the right to pension is provided, except for those provided in art. 46 46 para. 5 5 and art. 69 69 para. 2. If a person who has a right to a pension in the state social insurance and I.O.V.R. worked for a period as a member in agricultural production cooperatives, he will be able to receive, besides the social insurance pension and I.O.V.R., the pension to the agricultural production cooperative sector for the period as long as it worked in this sector. (3) Persons entitled to several pensions may opt for one of them, even after a pension has been established. Those who benefit from a pension cannot opt for social help. + Article 64 The right to pension and social assistance is unforeseeable. The pension and social assistance cannot be ceded either totally or partially. + Article 65 (1) The pension and social assistance are not taxable. ((2) Applications before any bodies aimed at establishing a right to a pension or social assistance, as well as all procedural acts in connection with these rights, shall be exempt from any stamp duty. + Article 66 (1) The pension and social assistance shall be paid with beginning from the date of dissolution of the employment contract, the date of termination of the payment of the aid for temporary incapacity to work or the date of death of the supporter, as the case may be, if the application together with all necessary has been submitted to the pension bodies no later than three months after the service of these situations. (2) If the application together with all the necessary documents has not been submitted within the period provided in par. 1, the pension and social assistance shall be paid as from the first of the month following that in which the application with the documents was submitted to the pension bodies. (3) The pension for the age limit, for those to whom the employment contract has not been opened, shall be paid with effect from the first of the month following that in which the application was submitted together with the necessary documents to the pension bodies. ((4) The pension and social assistance shall be paid to the holder or his trustee empowered by proxy, or shall be submitted at the request of the holder and in his name, to the C.E.C. (5) If the holder has a restricted exercise capacity or is deprived of capacity, the payment shall be made to the parent, guardian or curator or, as the case may be. + Article 67 (1) The employment contract of retired employees at the request of the unit shall be opened on the date of registration in retirement. Non-dissolution of the employment contract attracts the cancellation of the retirement decision (2) On the date of registration in retirement, the employment contract of those retired at their request can also be opened. (3) The employment contract of employees who are also pensioners for the age limit and those with pensions granted by decisions of the Council of Ministers or other competent bodies, can be undone at any time. + Article 68 The other sectors of activity with their own insurance and pension systems will develop their own regulations based on the principles of this law and taking into account the specificities of each sector. + Article 69 (1) The invalids and the injured of war, their descendants, as well as the descendants of the dead or missing in the war, receive a pension according to the present law in the amounts established by the decision of the Council of Ministers. (2) The invalids and the large mutilated war injuries, as well as those assigned to the first or second degree of invalidity, are entitled to the termination of the activity to benefit, besides the I.O.V.R. pension, and any other pension for the activity submitted after Disability in the war. + Title II SUPPLEMENTARY PENSION + Chapter 13 + Article 70 With effect from 1 January 1967, the supplementary pension, which is based on the principle of mutuality between employees, is established outside the social security pension. + Article 71 (1) The funds necessary for the payment of the additional pension shall be made up of the contribution This contribution is 2 percent of the monthly tariff salary and flows through units, in a special account of the Ministry of Labor, to the National Bank of the Socialist Republic of Romania. ((2) The contribution shall not be retained during the time the employee is in temporary incapacity to work, on leave of study or on unpaid leave, if these holidays do not exceed 30 days in a calendar year. These periods, however, are considered as contribution periods. The contribution shall not be retained even during holidays without payment of more than 30 days, but this time shall not be considered as a contribution period. (3) The National Bank of the Socialist Republic of Romania will pay, at the amounts deposited, an annual interest of 1.5 percent with which the fund for the supplementary pension is completed. + Article 72 (1) They have the right to supplementary pension to pensioners and beneficiaries of social assistance from the state social insurance who contributed, during the salary activity, to the fund for the supplementary pension. (2) They also have the right to supplementary pension to pensioners, if the deceased supporter contributed to the pension fund. + Article 73 (1) The amount of the additional pension, for those who contributed at least 20 years to the fund of this pension, is 16 percent of the tariff salary used to calculate the social security pension. (. For those who have contributed to the pension fund less than 20 years, the supplementary pension shall be established as follows: The amount of time was contributed to the pension fund% of the tariff salary used in the calculation of the social insurance pension inter10si20 years14 '' 8 '' 10 '' inclusiv12 '' 5 '' 8 '' inclusiv10 '' 2 '' 5 '' inclusiv7 from 1 la2 '' inclusiv5 (3) For beneficiaries of social assistance for the age limit, the supplementary pension shall be calculated on the basis of the average of the monthly tariff salaries of the last 5 years of consecutive activity. For the beneficiaries of disabled social assistance, who have worked for less than 5 years, the additional pension is established on the basis of the average of the monthly tariff salaries during the period of activity. ((4) Employees who, until the date of retirement, contributed less than 12 months to the fund for the supplementary pension, do not have the right to this pension. Except for invalidity pensioners, beneficiaries of social assistance invalids, pensioners descendants and beneficiaries of social assistance descendants who will receive the additional pension calculated in the percentage provided for 1-2 years of contribution. (5) To the cases referred to in par. 4 4, which do not have the right to supplementary pension, will be paid back the amounts paid as a contribution. (6) Employees who have reached the age limit or are disabled and have ceased their activity without being able to be enrolled in retirement or social assistance, because they do not meet the conditions provided by law, have the right to supplementary pension, if the one months. In these situations the basis for calculating the additional pension will be the one provided in par. 3. + Article 74 The supplementary pension for the survivor shall be calculated from the pension established according to 73 73 para. 1 and 2, in relation to the number of offspring, as follows: -50 percent for a survivor; -75 percent for two offspring; -100 percent for three offspring or more. + Article 75 (1) The additional pension shall be determined by the bodies and with the procedure provided for the social security pension. (2) The additional pension shall be paid in particular by the social security pension and the social assistance, regardless of the amount of the latter. (3) The provisions of this Law on payment and recalculation of pensions, as well as those relating to cumulation, loss of pension rights or suspension of its payment, shall also apply accordingly to supplementary pensions. + Title III COMMON AND TRANSITIONAL PROVISIONS + Chapter 14 + Article 76 The pension or social assistance established on the basis of a final decision shall be annulled only in the situations referred to in art. 56 56, and no revoked. + Article 77 (1) Pensioners and beneficiaries of social assistance whose pensions or social benefits are equal to or less than the minimum amount of invalidity pension grade I for work accident or occupational disease, as well as family members of the They are entitled, free of charge, to health care, medicines and sanitary materials and for outpatient treatment. (2) Pensioners and beneficiaries of social assistance provided in par. 1 receive, in the account of social insurance, medical assistance, maintenance, medicines and sanitary materials necessary throughout the admission to the spa sanatoriums, including the cost of transport. + Article 78 The decision of the Council of Ministers will be able to improve the percentages of calculation of pensions, as well as their amounts. + Article 79 (1) The Ministry of Labor, with the agreement of the Central Council of the General Union of Trade Unions, will give instructions and mandatory indications in order to apply the provisions contained in the pension legislation. (2) A central pension commission shall be established at the Ministry of Labour, in the following composition: President:-Deputy Minister of Labour; Vice-President:-Director-General of the General Directorate for Social Insurance and Pensions of the Ministry of Labour; Members:-a judge appointed by the Ministry of Justice; delegated qualification by the Ministry of Finance and the Central Council of the U.G.S.R.; -six specialists with long experience in the field of social insurance. (3) The nominal composition of the Central Pension Commission shall be established by the College of the Ministry of Labour, on the proposal of the bodies whose delegates are part of the (4) Representatives of the other sectors of activity which have their own social security and pension systems, interested in examining the issues subject to debate, may be invited to the meetings of the Central Pension Commission. (5) The Secretariat of the Central Pension Commission will be provided by the General Directorate of Social Insurance and Pensions of the Ministry of Labour. (6) The central pension commission works on the basis of a regulation approved by the College of Labour. (7) The central pension commission shall have the following tasks: a) develop draft instructions and indications on the basis and in the execution of pension legislation, which shall be subject to the Minister of Labour to be issued according to par. 1 1; b) establishes, at the proposal of the General Directorate of Social Insurance and Pensions, solutions to solve individual cases, including those that have been definitively solved according to art. 43 43; c) supports the Ministry of Labor in guiding the pension activity of the other sectors of activity that have their own social insurance and pension systems. + Article 80 (1) Requests for pension or social assistance, as well as appeals introduced before January 1, 1967, unresolved until this date, will be resolved according to the legal norms in force on the date of application. ((2) With effect from January 1, 1967, pensioners and beneficiaries of social assistance provided in par. 1 will receive the right increased rights Decision of the Council of Ministers no. 2361 2361 of 25 October 1966 and the application instructions. ((3) Requests for pension or social assistance, introduced after January 1, 1967, shall be settled according to the provisions of the new law, even if the payment of these rights is also made for periods prior to January 1, 1967. + Article 81 Those who have not been established a pension or social assistance because they have not met the conditions provided for in the legislation applied until January 1, 1967, may apply for pension or social assistance if they meet the conditions of the legislation in force after this date. + Article 82 (1) Retirees for the age limit, invalidity pensioners and beneficiaries of social assistance in payment on December 31, 1966, may ask after January 1, 1967 to recalculate the pension by adding periods of seniority, which according to the legislation in force until that date were not taken into account and which, according to the new law, constitute seniority. (2) The provisions of par. 1 also benefit pensioners whose deceased supporters had periods of seniority that were not taken into account when establishing the pension. (3) Recalculation of rights by adding the seniority provided in par. 1 and 2 will be based on the salary used in retirement, or the average of salaries in the last 12 months of activity, for beneficiaries of social assistance. (4) For each year exceeding the seniority required for the granting of the full pension for the age limit, an additional percentage of 0.5 percent of the tariff salary shall be granted. (5) The payment of the pension, thus recalculated, is made from the first of the month following that in which the application was submitted together with the documents to the pension bodies. From the same date the recalculated pension is granted and those who have the documents of seniority to the pension file. + Article 83 (1) Pensioners for the age limit and invalidity pensioners in payment on December 31, 1966, who require the addition of periods of seniority to work performed after retirement, but prior to January 1, 1967, will be recalculated. the pension in relation to the new seniority, according to the 82. (2) The pensioners of those referred to in par. 1 benefits from the recalculation of the pension for the length of work carried out by supporters after retirement, under the conditions shown in par. 1. + Article 84 For pensioners who continue the activity and after January 1, 1967, the recalculation and transformation of the pension will be based on the provisions of this law. + Article 85 (1) The invalidity pensioners in payment on December 31, 1966, to whom the degree of invalidity changes after this date, will be established the rights corresponding to the new degree of invalidity according to the provisions of this law. If these medical reviews are passed to higher degrees of invalidity, but from the calculations result pensions lower than those received until the date of the medical review, the amount of the pension had until that date will be maintained. (2) The invalidity pensioners in payment on 31 December 1966 who request, after 1 January 1967, the granting of the pension amount for the age limit or the conversion of the invalidity pension into the pension for the age limit, will be establish the rights under this law. + Article 86 (1) The bears of the deceased pensioners until January 1, 1967 have the right to survivor's pension established according to the legislation in force until that date. The survivor's pension thus established shall be increased by the percentages provided for by Decision of the Council of Ministers no. 2361/1966 . (2) The bears of pensioners in payment on December 31, 1966 and who died after this date have the right to survivor's pension established according to the provisions of this law. The basis for the calculation of the survivor's pension will be the pension of the deceased supporter, increased according to Decision of the Council of Ministers no. 2361/1966 , if he was a pensioner for the limit of age or invalidity first degree; in the case when he was retired from the invalidity of the second or third degree, the basis of calculation will be the invalidity pension of the first degree. + Article 87 (1) Those who have lost the right to pension or social assistance under the legislation in force until December 31, 1966 and meet the conditions of this law may ask for a pension or social assistance after January 1, 1967, which will be established as follows: a) those who have had the status of pensioners or beneficiaries of social assistance will be reinstated; their pension will be recalculated according to the normative acts regarding pensions intervened from the date of loss of the right until December 31 1966. The recalculated pension will be increased by the percentages provided by Decision of the Council of Ministers no. 2361/1966 ; b) invalidity pensioners and beneficiaries of social invalidity aid, among those referred to in letter a, will be reinstated if they are assigned to a degree of invalidity, considering that they have met the condition of seniority in the report with age. Those who, according to the provisions of the legislation in force until December 31, 1966, are unreasonable, will benefit from the invalidity pension corresponding to the degree of invalidity resulting from the last decision. (2) Those who did not have the status of pensioners or beneficiaries of social assistance will receive the rights established according to this law. (3) Pensioners and beneficiaries of social assistance provided in par. 1 letter a, to which certain periods of seniority were not taken into account which, according to the new law, constitute seniority, as well as those who achieved a seniority after the loss of rights, will be added, upon request, these periods according to art. 82. + Article 88 Invalidity pensioners, in payment on December 31, 1966, are not reviewed the condition of seniority in the work required in relation to the age, if after January 1, 1967 their degree of invalidity is changed. + Article 89 Pensioners referred to in art. 57 57 para. 1, in payment at 31 decemnrie 1966, whose rights were granted to the ages established for groups III and IV according to the legislation in force at that time, will be able to cumulate the pension with the salary under the conditions of art. 57 57 para. 1 1 and 3 and art. 58 58 of this law. + Article 90 Until the provisions of art. 6 6 para. 2, the employment groups shall be as follows: a) in group I of work, employees who worked in very hard or very harmful work, as provided in table no. 1 Annex to the Implementing Regulation Decree no. 292/1959 , with subsequent additions; b) in the second group of work, the employees who worked in hard or harmful work, as provided in Table no. 2 Annex to the Implementing Regulation Decree no. 292/1959 , with subsequent additions; c) in the third group of work, the employees who were assigned to groups III and IV, as provided in the tables no. 3 3 and 4 annexes to the Regulation for the application Decree no. 292/1959 , with subsequent additions. + Article 91 (1) The provisions of this Law shall enter into force on 1 January 1967. (2) The same date shall be repealed Decree no. 292 292 of 30 July 1959 ,, as amended and supplemented by Decree no. 878 878 of 20 November 1962 , as well as the Implementing Regulation approved by Decision of the Council of Ministers no. 1081 1081 of 31 July 1959 ,, amended and supplemented by Decision of the Council of Ministers no. 1173 1173 of 20 November 1962 . -------