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LAW OF THE REPUBLIC OF MOLDOVA

of July 8, 1999 No. 489-XIV

About the state system of social insurance

(as amended on 19-12-2019)

The parliament adopts this organic law.

Chapter I General provisions

Article 1. The used concepts

In this law the following concepts are used:

social insurance - the system of social protection providing provision to insured persons of pensions, benefits for the prevention of diseases and recovery of working capacity, other benefits, stipulated by the legislation;

benefit for burial - the sum of money provided through the state system of social insurance in case of the death of insured person or the pensioner;

unemployment benefit - the form of social protection of insured able-bodied unemployed persons consisting in monthly provision of sum of money according to the legislation;

insured person - the able-bodied physical person who is constantly living or temporarily staying in the Republic of Moldova and subject to compulsory national social insurance for receipt of the rights which warn is limited or eliminate social risks, stipulated by the legislation;

the budget body / budgetary institution - subject of the public law which according to constituent documents is financed from budgets components of the national public budget;

public body / public organization on self-government - subject of the public law which according to the regulation which founded him performs non-commercial (non-profitable) activities and acts on the basis of the principles of self-government;

the budget of the national social insurance - set of the income, expenses and sources of financing intended for realization of functions of the state system of social insurance and management by it;

National cash desk of social insurance (further - National cash desk) - the central administrative authority subordinated to the Government which administers and manages the state system of social insurance;

territorial cash desk - structural division of National cash desk, not being the legal entity;

individual code of social insurance - the conventional registration sign appropriated to insured person;

collection of fees of social insurance - activities for the organization and implementation of transfer of fees of social insurance into accounts of National cash desk;

fees of social insurance - fees, obligatory for participants of the state system of social insurance;

the insurance agreement - the mutually binding bilateral agreement signed between the legal entity or physical person using remunerative work (further - the employer), or other persons, on the one hand, and territorial authority of National cash desk - about another, determining the rights and obligations of the Parties in the field of social insurance;

the insurance declaration - the written message of physical person on execution of the obligation provided to territorial authority of National cash desk by it on implementation of payments in the budget of the national social insurance;

the declaration on charge and use of fees of compulsory national social insurance - the written message constituted by the payer of budget payments of the national social insurance, on charge and use of fees of compulsory national social insurance for each accounting period, provided to the State Tax Administration agrees to the sample approved by the Ministry of Finance;

the declaration on inundated accounting of insured persons - the written message of the employer on execution of the obligation provided to the State Tax Administration by it on implementation of the payments in the budget of the national social insurance which are due from each of his workers;

budget reserve fund of the national social insurance - the fund of money intended for payment in reasonable cases of benefits of social insurance and covering of other expenses of the state system of social insurance provided by the annual law on the budget of the national social insurance;

disability - condition in which there is insured person which lost physical, mental capacities or labor skills owing to disease or accident;

temporary disability benefit, including care allowance for a sick the child, - the form of social protection consisting in provision to insured persons through the state system of social insurance of sums of money during temporary loss by specified persons of working capacity;

benefit on motherhood - the form of social protection consisting in provision through the state system of social insurance of sums of money to insured women, and also the women who stopped to pay fees of social insurance according to the legislation in case of the child's birth;

benefit on education of the child before achievement of age of three years by it - form of the monetary assistance appointed and provided through the state system of social insurance to insured persons for education of the child;

benefits of social insurance - all benefits, including the pensions which are subject to payment to insured persons from Social Insurance Funds;

benefits according to the prevention of diseases and recovery of working capacity - the form of social protection consisting in provision to insured persons through the state system of social insurance of benefits in the form of sums of money or in nature in cases when these persons are for health reasons transferred to short working day or it is temporary - for other work, in quarantine cases, in cases of need of acquisition of orthopedic products, receipts of sanatorium treatment, and also in other cases, stipulated by the legislation;

The state register of individual accounting in the state system of social insurance - the single database about all legal entities and physical persons - payers of budget payments of the national social insurance, and also receivers of pensions and other benefits of social insurance;

payment - any amount, other than the salary paid by the employer for benefit of persons working according to the individual employment contract, persons which are in the office relations based on the administrative act or under other civil agreements on performance of works or rendering services including the payments in nature regulated by regulations or the collective employment contract except payments and the income from which fees of compulsory national social insurance are not estimated;

termination of the insurance agreement - the cancellation of the insurance agreement which does not have retroactive force after day of its termination, connected with failure to carry out of one of the parties of the obligations on her fault;

insured risk - event or condition after which approach the territorial authority of National cash desk shall pay the corresponding benefit of social insurance;

private sector - the physical persons and legal entities of private law founded based on own decisions which are allocated with property necessary for achievement the planned purpose and which have, without being limited to it, the following forms: commercial society, cooperatives, state and municipal companies, non-profit organizations;

the state system of social insurance (further - the state system of insurance) - organized set of the forms of social insurance isolated, but in general interconnected through which completeness of social protection of insured persons is implemented.

Article 2. Guaranteeing and realization of the right to social insurance

The right to social insurance is guaranteed by the state and is implemented according to the legislation through the state system of insurance.

Article 3. Principles of education and action of the state system of insurance

The state system of insurance is formed and acts on the basis of the following main principles:

a) the principle of uniformity according to which the state will organize and guarantees activities of the state system of insurance according to single precepts of law;

b) the principle of equality which provides to all participants of the state system of insurance - payers of fees, to receivers of pensions and other benefits of social insurance - equality in realization of the rights and accomplishment of obligations, stipulated by the legislation;

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