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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of February 15, 2000 No. 127

About procedure of payments of the time capitalized payments

(as amended of the Order of the Government of the Republic of Moldova of 14.12.2020 No. 898)

According to the Law on capitalization of time payments N 123-XIV of July 30, 1998. (The official monitor, 1998, N 85-86, Art. 570) and in pursuance of the Order of the Government of the Republic of Moldova N 854 of September 17, 1999. "About the state support of restructuring of agricultural enterprises in the course of privatization" (The official monitor, 1999, N 103-105, Art. 890) DECIDES: the Government of the Republic of Moldova

1. Approve Regulations on procedure of payments of the time capitalized payments it (is applied).

2. Determine that:

the agricultural enterprises liquidated according to the Law on restructuring of agricultural enterprises in the course of privatization N 392-XIV of May 13, 1999 when settlings with beneficiaries non-cash property establish its cost as agreed by the parties;

in case of written refusal of the customer to entrust Social fund the right to submit the interests territorial authority of Social fund within three-day term from the date of the appeal of the company issues the conclusion confirming lack of claims to the company.

3. To impose control over the implementation of this resolution on the Ministry of Labour, Social Protection and Family.

 

Prime Minister of the Republic of Moldova

To Dumitr Bragish

Approved by the Order of the Government of the Republic of Moldova No. 127 of February 15, 2000

Regulations on procedure of payments of the time capitalized payments

I. General provisions

1. The regulations on procedure of payments of the time capitalized payments (further - provision) are developed according to the Civil code, the Law on capitalization of time payments and other regulations.

2. This provision provides procedure of payments of the payments which are subject to capitalization from which monthly compensation payments to persons are performed:

a) lost working capacity owing to labor accident or occupational disease because of the liquidated company;

b) having the right to compensation of damage on the occasion of loss of the supporter because of the liquidated company.

3. Calculations of the periodical payments which are subject to capitalization are performed by the liquidated company according to this provision and documents of the beneficiary.

3-1. Payment of the time capitalized payments is performed according to the procedure, the provided Regulations on the payment procedure of pensions in the public pension system and the public social benefits approved by the Order of the Government No. 929/2006 of year.

II. Procedure of payments of the time capitalized payments

4. The size of the amount of the time payments which are subject to capitalization in relation to the beneficiaries provided in the paragraph and) Item 2, is performed according to appendix N 1, and for the beneficiaries provided in the paragraph of b) Item 2, - according to the appendix N2.

5. The initial amount of the time capitalized payments relying the beneficiary having the right to compensation of damage owing to the caused mutilation or other damage of his health connected with execution of labor obligations by it is estimated by multiplication of compensation amount of damage in month at the time of capitalization on the number of the months falling on the period of capitalization of time payments (the capitalization period).

6. The initial amount of the time capitalized payments for persons having the right to compensation of damage on the occasion of loss of the supporter is estimated proceeding from damage compensation amount in month at the time of the capitalization determined proceeding from the number of the heirs having the right to compensation and from the number of the months which remained before achievement of the age specified in Item 10 of this provision for everyone (the capitalization period).

7. Damage compensation amount in month at the time of capitalization is the initial compensation amount of damage which recalculation is performed according to the Law on procedure for recalculation of compensation amounts of the damage caused to workers by mutilation or other damage of the health connected with execution of labor obligations by them N 278-XIV of February 11, 1999.

8. The initial compensation amount of damage in month is determined according to the regulations providing compensation by the companies, organizations, organizations of the damage caused to workers by mutilation or other damage of the health connected with execution of labor obligations by them.

9. The initial compensation amount of damage in month represents part of average monthly earnings which the victim had for 12 calendar months preceding labor accident or ascertaining of occupational disease, estimated taking into account percent of loss by it of working capacity and the size of pension, the corresponding group of disability at the time of capitalization. The specified amount does not include the disability pension established according to the current legislation.

10. The period of capitalization of time payments is established:

a) for persons to whom certain percent of loss of professional working capacity is for life established, - according to the data provided in the appendix N 3;

b) for persons to whom for specific term (year, two and more) certain percent of loss of professional working capacity is established, - proceeding from 60 months, plus the term specified in the certificate of loss of professional working capacity;

c) for persons having the right to compensation of damage on the occasion of loss of the supporter - from the moment of capitalization before achievement of the age established in the Law on the public social benefits to some categories of citizens N 499-XIV of July 14, 1999.

11. Total amount of the time capitalized payments includes also the outstanding amounts on compensation of damage accumulated for the entire period until capitalization.

III. Final provisions

12. For implementation of calculation of the time capitalized payments the beneficiary (his representative) needs to provide to debtor enterprise for appendix to the specified calculation of the copy:

a) the conclusion about labor accident (occupational disease) which is drawn up according to the legislation;

b) certificates of establishment of group of disability, percent of loss of professional working capacity and term for which disability, is established by the issued commission of medical examination of viability;

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