of October 14, 1998 No. 156-XIV
About the public pension system
The parliament adopts this organic 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.
(3) For the purpose of this law the following concepts are used:
the new circumstances relating to insurance years of service and to the insured income - the certificate supporting documents of availability of insurance years of service and the insured income for the period activities before realization of pension entitlement which was not considered in case of award of pension;
indexation of pension - periodically implementable measure for updating of the size of the estimated pension for the purpose of preserving purchasing power of pension;
paid pension - the pension which is monthly paid to the receiver by means of the payment service provider chosen as the receiver;
the estimated pension - the sum of money determined depending on the fees paid to the budget of the national social insurance and from the period of insurance years of service which is reviewed, increases and indexed;
the periods equated to insurance years of service - the periods for which fees of social insurance, but which according to this law join in general insurance years of service were not paid;
review of pension - recalculation of the size of pension according to provisions of this law existing for date of filing of application about review of pension according to Items and) and c) parts (1) and to parts (2), (4-1), (4-2) and (4-3) Articles 33;
the minimum insurance years of service - the minimum period of activities during which insured persons acquired the insurance years of service provided by part (1) article 15 of this law, for award of pension on reaching standard retirement age;
complete insurance years of service - the amount of the periods of activities during which fees of the national social insurance were paid to the budget of the national social insurance as it is provided by part (1) article 42 of this law;
the allowance of solidarity - the increase equal to difference between the size of the estimated pension and the size of minimum pension provided to the corresponding category of pension;
valorization of the insured income - indexation of the average monthly insured income gained since January 1, 1999 which is performed taking into account coefficient of growth of the average salary on economy during insurance periods about one the year preceding year of award of pension;
standard retirement age - age for men and women, the stipulated in Clause 41 this law on reaching which can acquire pension entitlement on age;
the insured income - the income from which fees of social insurance were paid, being basis for calculation of the size of pension in the 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.
(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.
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.
(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.
(1) the Insurance years of service in the state system of insurance are estimated by summing of all insurance periods.
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;
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;
g) the periods in which till January 1, 1999 were performed specified in Items d) - f) 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).
(1) the Insurance years of service are estimated advanced in years.
(2) the Insurance years of service are estimated by summing of months for which fees in the established sizes, and divisions of this amount on 12 are paid to the budget of the national social insurance. The received 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.
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