ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of March 19, 2008 No. 328

About approval of the Regulations on procedure for calculation of pensions of the national social insurance

Based on the Law N 156-XIV of October 14, 1998 on pensions of the national social insurance (The official monitor of the Republic of Moldova, 1998, N 111-113, Art. 683) DECIDES: the Government

1. Approve Regulations on procedure for calculation of pensions of social insurance it (is applied).

2. Declare invalid the Order of the Government N 843 of September 10, 1999. "About approval of the Regulations on procedure for calculation of pensions" (The official monitor of the Republic of Moldova, 1999, N 103-105, Art. 883).

Approved by the Order of the Government of the Republic of Moldova of March 19, 2008 No. 328

Regulations on procedure for calculation of pensions of the national social insurance

The regulations on procedure for calculation of pensions of the national social insurance (further - the Provision) are developed based on the Law N 156-XIV of October 14, 1998 on pensions of the national social insurance (The official monitor of the Republic of Moldova, 1998, N 111-113, Art. 683) (further - the Pensions act).

I. General provisions

1. Basis for determination of the size of pension is the average monthly insured income.

2. The size of pension of the national social insurance (further - pension) to persons which are subject to compulsory national social insurance is estimated proceeding from the following insurance criteria:

age;

insurance years of service;

fees of the national social insurance (further - insurance premiums);

the insured income which is not exceeding the amount provided in the Law on the budget of the national social insurance from which individual insurance premiums for the entire period of labor activity were paid.

3. In this Provision the procedure for calculation of pension is determined:

till January 1, 1999;

till January 1, 1999;

after January 1, 1999.

II. Calculation of old-age pension

1. Calculation of the size of old-age pension from the insured income gained till January 1, 1999

4. If the size of old-age pension is determined for the period, preceding day of entry into force of the Pensions act, that is till January 1, 1999, for determination of the size of pension earnings for any 60 months in a row (irrespective of the available work stoppages) from the last 15 years of work before entry into force of the Pensions act are taken into account and the following formulas are used:

a) for workers of agricultural industry:

b) for other receivers of old-age pension:

where:

- the pension size estimated from the insured income till January 1, 1999;

110, 125 - the fixed minimum amounts guaranteed by the state in the presence of complete insurance years of service. In the presence of incomplete insurance years of service the fixed guaranteed minimum is established in proportion to the confirmed insurance years of service;

0,005 - the cost of one insurance year till January 1, 1999.

- the average monthly salary over the country, is determined for each category of receivers in year prior to year, retirement, and in case of award of pension during the period the average monthly salary over the country from which fees in the year preceding year of retirement, prior year of award of pension were paid is inclusive considered from January 1 to March 31;

- the insurance years of service for the entire period of labor activity, are expressed advanced in years to within one sign after comma;

- the individual coefficient of the pensioner determined according to the procedure, stipulated in Item the 35th this provision.

5. This formula is applied in case of calculation of pension and if duration of the insurance years of service acquired after January 1, 1999 constitutes less than a year and set off in general insurance years of service.

6. If at least a half of the necessary insurance years of service which are available for date of award of pension insured person performed labor activity as the worker of agricultural industry and/or the member of kolkhoz, the size of pension is determined by the formula established for workers of agricultural industry.

7. According to Article 1 of the Pensions act, belong to employee category of agricultural industry:

1) owners and/or lessees of farmlands;

2) members of agricultural association or other forms of agricultural associations;

3) persons occupied with agricultural work in individual economy or in one of forms of agricultural consolidation.

8. The guaranteed minimum in the fixed size is appointed only in the presence of complete insurance years of service. In case of incomplete insurance years of service, but at least 15 years, the guaranteed minimum is established in proportion to the confirmed insurance years of service.

9. The minimum pension represents the amount which is monthly paid to persons in case the complete size of pension estimated according to the Pensions act does not reach this amount. In all cases the minimum pension exceeds the guaranteed minimum provided for the corresponding category of pensioners on 10 lei.

2. Calculation of the size of old-age pension from the insured income gained till January 1, 1999

10. The pension size from the insured income gained (i) to and (ii) after entry into force of the Pensions act is determined by the following formula:

According to formula the general size of pension consists of two parts, each of which represents:

a) the part of pension determined based on the insured income gained till January 1, 1999, and increased by the relation of insurance years of service till January 1, 1999 to general insurance years of service

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