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LAW OF THE REPUBLIC OF MOLDOVA

of October 14, 1998 No. 156-XIV

About the public pension system

(as amended on 06-12-2019)

The parliament adopts this organic law.

Chapter I Basic provisions

Article 1. Subject and purpose of the law

(1) This law establishes the legal base of functioning of the public pension system, and also its interaction with the state system of social insurance and other state mechanisms of social protection of the population.

(2) the Purpose of this law is providing the fair and steady pension system which will provide to receivers of pensions worthy level of living.

Article 1-1. Public pension system

(1) National pensions – all types of pensions in terms of money which purpose and payment are guaranteed by the state according to the law.

(2) the Public pension system will be organized and operates on the principles of the state system of social insurance, the stipulated in Article 3 Laws on the state system of social insurance No. 489-XIV of July 8, 1999.

Article 2. Pension entitlement

(1) person corresponding to the conditions provided by this law has the Pension entitlement.

(2) limitation period does not extend To pension entitlement.

(3) the Pension entitlement is not subject to transfer – completely or in part.

Article 3. Agreements on social insurance between the Republic of Moldova and other states

In cases when agreements (agreements) on social insurance, including on provision of pensions, between the Republic of Moldova and other states contain others, than the provisions provided by this law, provisions of these agreements (agreements) are applied.

Article 4. Sources of the means intended for pension payment

(1) the Pensions granted according to this law are paid from means of the pension fund.

(2) Means of the pension fund are created from:

a) fees of the national social insurance;

b) ceased to be valid according to the Law of the Republic of Moldova of 16.12.2016 No. 290

c) transfers from the government budget;

d) other means.

Article 5. Insurance years of service

(1) the Insurance years of service in the state system of insurance are estimated by summing of all insurance periods.

(2) For insured persons the following not insurance periods are equated to insurance periods:

a) the period of execution of the urgent or reduced military service;

a-1) the stay period on military service under the contract or the service equated to it – in case of impossibility of award of pension according to the Law on provision of pensions of the military personnel and persons of the commanding and ordinary structure of law-enforcement bodies No. 1544-XII of June 23, 1993;

b) the period of the child care aged up to three years performed by one of parents or in case of the death of both parents - the guardian;

c) the period in which insured person received temporary disability benefit, on unemployment, on employment;

d) the period of child care with heavy restriction of opportunities aged to 18 years, behind other person with heavy restriction of opportunities, performed by one of parents, the guardian or the custodian before acceptance to position of the personal assistant;

e) the residency period in compulsory post-university education;

f) not insurance periods of activities in judgeships and the prosecutor till December 31, 2005;

g) the periods in which till January 1, 1999 were performed specified in Items d) and e) parts (1) articles 50 types of activity.

(3) Specified in part (the periods which are equated to insurance years of service in the amount cannot constitute 2) more than eight years, except specified in Items and-1), b), d) and f).

Article 6. Calculation of insurance years of service

(1) the Insurance years of service are estimated advanced in years.

(2) the Insurance years of service to persons working according to the individual employment contract are estimated by summing of months for which fees in the sizes established by the legislation and divisions of this amount on 12 are paid. The result is rounded to one sign after comma. If the annual amount of the paid fees is less than annual amount of the fees estimated from minimum wage over the country established by the legislation, the insurance years of service are estimated in proportion to paid amount.

(3) For persons working according to the individual employment contract in the sphere of agricultural production, the period of implementation of activities of seasonal nature joins in insurance years of service and is considered as one insurance year provided that the annual amount of fees is at least annual amount of the fees estimated from minimum wage over the country established by the legislation. If the annual amount of the paid fees is less than annual amount of the fees estimated from minimum wage over the country established by the legislation, the insurance years of service are estimated in proportion to paid amount.

(4) For other categories of payers the minimum size of fees is established annually by the law on the budget of the national social insurance.

Article 7. Confirmation of insurance years of service

(1) the Insurance years of service are confirmed by the data containing in the individual count which is kept according to provisions of the Law on the state system of social insurance.

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