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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of October 17, 2001 No. 1101

About approval of the Regulations on procedure for establishment of benefit on restriction of opportunities from labor mutilation or occupational disease

(as amended on 14-12-2020)

The government of the Republic of Moldova DECIDES:

Approve Regulations on procedure for establishment of benefit on restriction of opportunities from labor mutilation or occupational disease it (is applied).

Prime Minister of the Republic of Moldova

Vasile Tarlev

Approved by the Order of the Government of the Republic of Moldova No. 1101 of October 17, 2001

Regulations on procedure for establishment of benefit on restriction of opportunities from labor mutilation or occupational disease

The regulations on procedure for establishment of benefit on restriction of opportunities (further - provision) are developed based on the Insurance law from labor accidents and occupational diseases N 756-XIV of December 24, 1999 and regulate procedure for appointment and allowance payment on restriction of opportunities from labor mutilation or occupational disease.

I. Entitlement to benefit on restriction of opportunities

1. Insured persons who are granted pensions on restriction of opportunities owing to labor mutilation or occupational disease have entitlement to benefit on restriction of opportunities.

2. The benefit on restriction of opportunities is established, according to the current legislation, persons which fully or partially lost working capacity owing to labor mutilation or occupational disease.

II. The benefit size on restriction of opportunities

3. The conditions of purpose of the size of benefit on restriction of opportunities provided by this provision correspond to provisions of the Insurance law from labor accidents and occupational diseases and to Regulations on procedure for calculation of pensions.

4. The benefit size to the insured person having the heavy and expressed restriction of opportunities is determined by restriction of opportunities as difference between 2/3 insured income of average monthly insured person for the last 6 months preceding month in which there was labor accident or occupational disease, and the pension size on restriction of opportunities established in system of the national social insurance was established.

4-1. The average monthly insured salary for the period till January 1, 1999 is determined by multiplication of individual coefficient of insured person by the average salary by the country in the year preceding year of purpose of benefit on restriction of opportunities. The individual coefficient of insured person represents ratio between the average monthly salary for the last 6 months, preceding month in which there was labor accident or occupational disease, and the average salary over the country for the same period was established.

4-2. In case of transfer on other group to restriction of opportunities the benefit size on restriction of opportunities is reviewed according to the changed group to restriction of opportunities, and in case of recovery of group to restriction of opportunities also the benefit size on restriction of opportunities established earlier according to group to restriction of opportunities is resumed.

4-3. The benefit on restriction of opportunities is indexed according to provisions of article 13 of the Law No. 156/1998 on the public pension system.

5. In case insured person worked less than 6 months, the average monthly salary is estimated for the complete fulfilled calendar months.

6. If insured person realized length of service of less calendar month, the insured income is divided into number of the fulfilled days, and the received amount is multiplied by number of the working days (25,4 - in case of six-day business week and 21,2 - in case of five-day business week).

7. The average monthly salary is estimated from payments from which according to the current legislation fees of national insurance were listed. Awards and other payments join in the salary in month in which they were received.

8. The benefit size on restriction of opportunities to the insured person having the heavy or expressed restriction of opportunities is estimated on formula:

Формула 1 к Постановлению от 17.10.2001 №1101

where: Mi - the benefit size on restriction of opportunities;

Sm - average monthly insured earnings for the last 6 months, preceding month in which there was accident or is established occupational disease;

P - the pension size established by bodies of the national social insurance.

9. The benefit size to the insured person having average restriction of opportunities is determined by restriction of opportunities as a percentage of the benefit established according to Item 8 of this provision according to extent of disability.

The benefit size on average restriction of opportunities is established on formula:

Формула 2 к Постановлению от 17.10.2001 №1101

where:

Mi - the benefit size on restriction of opportunities;

Sm - average monthly insured earnings for the last 6 months, preceding month in which there was accident or is established occupational disease;

P - the pension size established by bodies of the national social insurance;

R - disability percent.

10. The percent of disability is established by consultation of medical examination of viability.

III. Appointment and allowance payment on restriction of opportunities

11. The allowance is granted according to the statement by the solution of management of National cash desk of social insurance based on documents of pension case.

12. The decision on appointment or on refusal in purpose of benefit on restriction of opportunities is taken out by management of territorial authority of social insurance till 45 days from the date of filing of application.

13. The allowance on restriction of opportunities is granted for the entire period in which insured person is receiver of pension on restriction of opportunities, irrespective of date of filing of application, and paid along with pension.

13-1. Allowance payment on restriction of opportunities as a result of labor mutilation or occupational disease is performed according to the procedure, established in 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.

14. Ceased to be valid according to the Order of the Government of the Republic of Moldova of 14.12.2020 No. 898

15. The benefit which is not received by timely died receiver is paid to the surviving spouse, parents or children.

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