Government Production Team

Parts of the Consolidated Report	Government department and official responsible for updates	Contact information
General questions. Parts I, XII and XIII
Part II
Part III
Part IV
Part V
Part VII
Part VIII
Part XI

~~Consolidated Report on the application by Romania of ILO Conventions Nos 24, 102, 168, 183 & the European Code of Social Security, 2020~~Consolidated Report on the application by Romania of ILO Conventions Nos 24, 102, 168, 183 & the European Code of Social Security, 2021

Consolidated information compiled from the following Government Reports on these instruments:

· Sickness Insurance (Industry) Convention, 1927 (No. 24)

· Social Security (Minimum Standards) Convention, 1952 (No.102)

· Employment Promotion and Protection against Unemployment Convention, 1988 (No.168)

· Maternity Protection Convention, 2000 (No.183)

· European Code of Social Security

Additional information compiled from the following sources:

· Biennial Report for the period from 1^st July 2014 to 30^th June 2016 made by the Government of Romania in accordance with Article 76 of the European Code on Social Security on the position of national law and practice in regard to the matters dealt with in Parts of the European Code of Social Security which have not been specified in the ratification of the Code or in a subsequent notification

· Database of the MISSOC

· The official website of the National Health Insurance House

Ø Please enter any modifications or new information using TRACK CHANGES function in MICROSOFT WORD.

Ø Where the text of the corresponding provisions of the ECSS and C102 has the same wording, the wording of C102 is taken as the basis, with eventual changes in the ECSS reproduced in brackets.

Ø Questions of the Report Form on the European Code of Social Security (ECSS) or on ILO Conventions (e.g. RF/C102) for which information is lacking are reproduced in a box below the respective provisions.

Ø Replies to pending questions raised by the CEACR may be provided in a box below the CEACR comments.

Part I. General provisions

The Part I “General provisions” comprises the following explanatory and procedural clauses:

§ Articles 1-6 C102

§ Articles 1-6 ECSS

§ Articles 1-6 C168

§ Articles 1-2, 7 C183

Article 1

1. In this Code:

(a) the term "the Committee of Ministers" means the Committee Ministers of the Council of Europe;

(b) the term "the Committee" means the Committee of Experts on Social Security of the Council of Europe or such other Committee as the Committee of Ministers may designate to carry out the duties laid down in Article 2, paragraph 3; Article 74, paragraph 4, and Article 78, paragraph 3;

(c) the term "Secretary General" means the Secretary General of the Council of Europe;

(d) the term "prescribed" means determined by or in virtue of national laws or regulations

(e) the term "residence" means ordinary residence in the territory of the Contracting Party concerned and the term "resident" means a person ordinarily resident in the territory of the Contracting

Party concerned;

(f) the term "wife" means a wife who is maintained by her husband;

(g) the term "widow" means a woman who was maintained by her husband at the time of his death;

(h) the term "child" means a child under school‑leaving age or under 15 years of age, as may be prescribed;

(i) the term "qualifying period" means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

2. In Articles 10, 34 and 49 the term "benefit" means either direct benefit in the form of care or indirect benefit

consisting of a reimbursement of the expenses borne by the person concerned.

Article 2

1. Each Contracting Party shall comply with:

(a) Part I

(b) at least six of Parts II to X, provided that Part II shall count as two parts and Part V as three parts

(c) the relevant provisions of Parts XI and XII; and

(d) Part XIII.

2. The terms of sub‑paragraph (b) of the foregoing paragraph can be regarded as fulfilled if:

(a) at least three of Parts II to X, including at least one of Parts IV, V, VI, IX and X are complied with; and

(b) in addition, proof is furnished that the social security legislation in force is equivalent to one of the combinations provided for in that sub‑paragraph, taking into account;

i. the fact that certain branches covered by sub‑paragraph (a) of this paragraph exceed the standards of the Code in respect of their scope of protection or their level of benefits, or both;

ii. the fact that certain branches covered by sub‑paragraph (a) of this paragraph exceed the standards of the Code by granting supplementary services of advantages listed in Addendum 2; and

iii. branches which do not attain the standards of the Code.

3. A signatory desiring to avail itself of the provisions of paragraph 2 (b) of this Article shall make a request to this effect in the report to the Secretary General submitted in accordance with the provisions of Article 78. The Committee, basing itself on the principle of equivalence of cost, shall lay down rules co‑ordinating and defining the conditions for taking into account the provisions of paragraph 2 (b) of this Article. These provisions may only be taken into account in each case with the approval of the Committee, the decision to be taken by a two‑thirds majority.

If recourse is had to the provision of paragraph 2 of this Article , please furnish the information to show that certain branches covered by sub‑paragraph (a) exceed the standards of the Code in respect of this scope and/or their level of benefits, or exceed the standards of the Code supplementary services of advantages listed in Addendum 2 of the Code. Please supply this information in the order suggested by the Committee.

Article 3

Each Contracting Party shall specify in its instrument of ratifications those Parts of Parts II to X in respect of which it accepts the obligations of this Code, and shall also state whether and to what extent it avails itself of the provisions of Article 2, paragraph 2.

Article 4

1. Each Contracting Party may subsequently notify the Secretary General that it accepts the obligations of the Code in respect of one or more of Parts II to X not already specified in its ratification.

2. The undertakings referred to in paragraph 1 of this Article shall be deemed to be an integral part of the ratification and to have the force of ratification as from the date of notification.

Article 5

Where, for the purpose of compliance with any of the Parts II to X of this Code which are to be covered by its ratification, a Contracting Party is required to protect prescribed classes of persons constituting not less than a specified percentage of employees or residents, that Contracting Party shall satisfy itself, before undertaking to comply with any such Part, that the relevant percentage is attained.

Article 6

For the purpose of compliance with Parts 11, 111, IV. V, VIII (in so far as it relates to medical care), IX or X of this Code, a Contracting Party may take account of protection effected by means of insurance which, although not made compulsory by national laws or regulations for the persons to be protected,

(a) is subsidised by the public authorities or, where such insurance is complementary only, is supervised by the public authorities or administered, in accordance with prescribed standards, by joint operation of employers and workers;

(b) covers a substantial part of the persons whose earnings do not exceed those of the skilled manual male employee, determined in accordance with Article 65; and

(c) complies, in conjunction with other forms of protection, where appropriate, with the relevant provisions of the Code.

Note: If recourse is had to the provisions of this Article, the information requested below should be given, with regard to each Part accepted, under the Article dealing with the persons protected in accordance with the provisions of the Part concerned (Articles 9, 15, 21, 27, 48, 55, 61).

1. Please state whether the voluntary insurance scheme or schemes concerned are:

i. subsidised or supervised by the public authorities; or

ii. administered in accordance with prescribed standards by joint operation of employers and workers.

Law no. 95/2006 on health care reform, republished, as further completed and amended, regulates art. 219 para. (4) - (6), the possibility of concluding voluntary health insurance, which may be offered voluntarily by the insurance bodies authorized according to the law. In this respect, the following are regulated:

“ART. 219

(4) Other forms of health insurance may operate in various special situations. These insurances are not compulsory and can be offered voluntarily by the insurance bodies authorized according to the law.

(5) Voluntary supplementary or supplementary health insurance may cover individual risks in special situations and / or in addition to the services covered by social health insurance.

(6) Voluntary health insurance does not exclude the obligation to pay the contribution for social health insurance. "

We mention the fact that voluntary health insurance is regulated in Title X of Law no. 95/2006, republished, as further completed and amended.

In accordance with the provisions of art. 348 para. (1) of the above normative act, the voluntary health insurances represent an optional system through which an insurer constitutes, on the principle of mutuality, an insurance fund, through the contribution of a number of insured persons exposed to the risk of illness, and indemnifies them, in accordance with the clauses stipulated in the insurance contract, those who suffer a damage, from the fund made up of the premiums collected, as well as from the other incomes resulted as a result of the activity carried out by the insurer and are part of the range of optional insurances according to Law no. 136/1995 on insurance and reinsurance in Romania, as further completed and amended.

Thus, voluntary health insurance can be:

a) Voluntary complementary health insurance that involves a co-payment due by the insured, in accordance with the law. The co-payment, defined in art. 221 para. (1) lit. j) of Law no. 95/2006, republished, as further completed and amended, is the amount that represents the payment of the insured's monetary contribution, in order to benefit from the medical services from the basic services package, within the social health insurance system, in the amount and under the conditions established by the framework contract on the conditions for providing medical assistance within the social health insurance system.

b) Voluntary health insurance of additional type in which the payment is totally or partially supported for any type of services not included in the package of basic medical services, a certain medical staff is chosen, a second medical opinion is required, superior hotel conditions or other medical services specified in the insurance policy.

In accordance with the provisions of art. 351, corroborated with art. 356 and art. 358 of the above-mentioned normative act, the package of medical services for voluntary health insurance, medical services provided in the form of a subscription, as well as the manner and conditions of their provision are approved by Government decision, and the provision of services is provided only by providers medical services authorized by the Ministry of Health, based on the regulations in force, and the supervision of the activity of insurers authorized to practice voluntary health insurance is performed by the Financial Supervision Authority.

Considering the legislative provisions invoked above, we specify that the voluntary health insurance systems regulated in Romania fall into the category of those supervised by public authorities, respectively by the Ministry of Health, which authorizes providers for the provision of medical services in voluntary health insurance and the Financial Supervision Authority, which has responsibilities for supervising the activity of insurers authorized to practice voluntary health insurance.

In the public pension system in Romania, apart from the persons compulsorily insured by the effect of the law, any person may be insured in the public pension system on the basis of a social insurance contract, in order to obtain the old-age pension or to supplement the insured income used in the calculation of this category of pension (art. 6 (2) of Law no. 263/2010 on the unitary public pension system, with subsequent amendments and completions).

The National House of Public Pensions ensures the record, at national level, of the social insurance rights and obligations in the case of social insurance contracts, based on the personal numerical code.

2. Please indicate the wage of the skilled manual male employee computed in accordance with the provisions of Article 65 (see Title 1 under that Article).

2019

Average monthly gross income obtained in month October

*Economic activity (NACE rev. 2 Section level)*	*Reference period*	*Major occupational group* *(ISCO-08 1 digit level)*	*Average monthly gross income obtained in October (lei/employee)*
			*Total employees*	*of which: men*
*Manufacturing*	*October 2019*	*MG7* (Craft and related trades workers)	4004	4344
		*MG9* (Elementary occupations)	3079	3255

Data source: Statistical survey on salaries in month October – based on administrative data(the statement on compulsory payments of social contributions, taxes on income and the nominal records of insured persons (D112), managed by the National Tax Administration Agency and the General register of employees (REGES) managed by Labour Inspection).

3. Please furnish, in accordance with paragraph 1 (b) of Article 74 the following statistical information on the number of persons protected by voluntary insurance:

A. Number of employees (or economically active persons) protected by the voluntary insurance scheme or schemes concerned, whose earnings do not exceed the wage of the skilled manual male employee computed in accordance with the provisions of Article 65:^{^[1]}

i. Scheme ............................................................ .............................................

ii. Scheme .......................................................... .............................................

.......................................................................... .............................................

iii. Total ............................... .............................................

B. Total number of employees (or of economically active persons) protected by the voluntary insurance scheme or schemes concerned:¹

i. Scheme ............................................................ .............................................

ii. Scheme .......................................................... .............................................

.......................................................................... .............................................

iii. Total ............................... .............................................

C. Number of persons insured whose earnings do not exceed the wage of the skilled manual male employee (A.iii)

per cent of the total number of persons insured (B. iii).

The number of insured persons in the public pension system in Romania based on a social insurance contract was on 30.05.2021 of 30.138 persons.

Part II. Medical Care

Romania has accepted the obligations resulting from C24, Part II of C102 and Part II of the ECSS.

Category	Information available	Information missing / questions raised by the CEACR
II-1. Regulatory framework	Art.7 C102/ECSS
II-2. Contingencies covered	Art.8 C102/ECSS
II-3. Persons protected	Art.9 C102/ECSS*
II-4. Types of benefits		Art.10(1) C102/ECSS (and Part VIII (Maternity benefits), in conjunction with Article 68 of the Code. Reduction of medical care)
II-5. Cost-sharing	Art.10(2) C102/ECSS Art.4,5 C24
II-6. Objectives of Medical Care	Art.10(3) C102/ECSS
II-7. Promotion of the general health service	Art.10(4) C102/ECSS
II-8. Qualifying period	Art.11 C102/ECSS
II-9. Minimum duration of benefit	Art.12 C102/ECSS
II-10. Suspension of benefit	Art.69 C102 Art.68 ECSS
II-11. Right of complaint and appeal	Art.70 C102 Art. 69 ECSS
II-12. Financing and Administration	Art.72 C102 Art.71 ECSS	Art.71 C102 Art.70 ECSS*

* Please update statistical data, in accordance with the Report form for C102/ECSS.

List of applicable legislation

· Law No 95/2006 on healthcare reform, republished, as further completed and amended (the initial form published in the Official Gazette no 372 of 28 April 2006, the republished form published in the Official Gazette no 652 of 28 August 2015) – Title VIII „Health Social Insurance";

· Governmental Decision No 140/2018 approving services packages and The Framework Agreement for regulationg the conditions for providing medical asistance, medicines and medical devices in the social health insurance system for 2018 – 2019, as further completed and amended, with effect from 1 April 2018 until 30 June 2021~~31 December 2020~~; (Part II – Medical care)

· Joint Order No. 397/836/2018 of the Minister of Health and NHIH President approving the Methodological Norms for the application in 2018 of the Government Decision no. 140/2018 for the approval of service packages and the framework contract governing the conditions for the provision of medical care, medicines and medical devices within the health insurance system for the years 2018 - 2019, as further completed and amended, applicable from 1 April 2018 until 30 June 2021 ~~31 December 2020~~ (Part II – Medical care)

· ~~Order of the President of the National Health Insurance House No~~. 581/2014 on the approval of the methodological regulations related to the establishment of the documents in proof required to acquire the quality of insured person (initial form published in the Official Gazette no. 685, dated September 19th, 2014), with effect until 5 December 2018 (Part II – Medical care);

· Order of the President of the National Health Insurance House No. 1549/2018 on the approval of the methodological Normes for for establishing the supporting documents regarding the acquisition of the quality of insured (initial form published in the Official Gazette no. 1036 dated December 6^th 2018), applied since December 6^th 2018 (Partea II – Medical care);

· Governmental Decision no. 720/2008 for the approval of the list including the common international denomination pertaining to the medication the insured persons take advantage of, with or without personal contribution, based on a medical prescription, within the health insurance system, with the subsequent amendments and supplements (initial form published in the Official Gazette no. 523, dated July 10^th, 2008, (Part II – Medical care),

· Order of the President of the National Health Insurance House No. 1081/2018 on the approval of the methodology to establish the reference prices and lease amounts corresponding to the medical device classes and types intended to the outpatient recovery of organic or functional disabilities, within the health insurance system (initial form published in the Official Gazette no 535 dated June 28^th 2018), applied since July 1^th 2018 (Partea II – Medical care);

· Law No 227/2015 on the Fiscal Code, as further completed and amended;

· Government Decision No 1/2016 approving the Methodological Norms for the implementation of Law No 227/2015 on the Fiscal Code, as further completed and amended;

II – 1. Regulatory framework

Article 7. C102 and ECSS

Each Member (Contracting Party) for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of benefit in respect of a condition requiring medical care of a preventive or curative nature in accordance with the following Articles of this Part.

Database of the MISSOC:

Basic principles.

Compulsory social insurance scheme for all inhabitants financed mainly by contributions. Benefits-in-kind system.

Insured people benefit from a basic package of medical services.

Uninsured people benefit from a minimal package of medical services.

II - 2. Contingencies covered

Article 8. C102 and ECSS

The contingencies covered shall include any morbid condition, whatever its cause, and pregnancy and confinement and their consequences.

II - 3. Persons protected

Article 9. C102 and ECSS

The persons protected shall comprise:

(a) prescribed classes of employees, constituting not less than 50 per cent of all employees, and also their wives and children; or

(b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents, and also their wives and children; or

(c) prescribed classes of residents, constituting not less than 50 per cent of all residents.

A. Please state to which of the sub‑paragraphs of this Article recourse is had.

B. Please indicate the classes of persons protected in accordance with the provisions of this Article.

C. Please furnish statistical information under this Article as follows:

i. if recourse is had to sub‑paragraph (a), in the form set out in Title I under Article 74 below: or

ii. if recourse is had to sub‑paragraph (b),in the form set out in Title II under Article 74 below, or

iii. if recourse is had to sub‑paragraph (c), in the form set out in Title III under Article 74 below.

D. Please confirm that the dependent wives and children of the persons protected (classes of employees or of the economically active population) are also entitled to the medical benefits stipulated in Article 16, in accordance with the provisions of this Article. Please state, wherever possible, the number of dependent wives and children protected.

E. If recourse is had to Article 6 above (voluntary insurance), for all or any of the schemes concerned, please furnish information under this Article in the form set out under Article 6.

Not applicable

Sub-paragraph c) of Article 9 applies to the health insurance system in Romania.

According to the provisions of the Law no. 95/2006, republished, as further completed and amended, the following persons are insured within the health insurance system in Romania:

ART. 222

(1) According to the present law, the insured persons are:

a) all Romanian citizens domiciled or residing in the country;

b) foreign citizens and stateless persons who have applied for and have obtained the right to temporary stay or have their domicile in Romania;

c) citizens of EU Member States, EEA and Swiss Confederation who do not have insurance in another Member State that has effect in Romania, who have applied for and obtained the right of residence in Romania for a period of more than 3 months;

d) persons from EU Member States, EEA and Swiss Confederations fulfilling the conditions of a frontier worker, meaning who are employed or self-employed in Romania and who reside in another Member State in which they return usually daily or at least once a week ;

e) pensioners in the public pension system who are no longer domiciled in Romania and who establish their residence in the territory of an EU Member State, of a state belonging to the EEA or of the Swiss Confederation, respectively domiciled in the territory of a state with which Romania applies an agreement bilateral social security with provisions for sickness-maternity insurance.

(2) In the case of the persons mentioned in par. (1) falling within the category of those who make the incomes provided under art. 155 par. (1) lit. a) of Law no. 227/2015, as subsequently supplemented or amended, the quality of insured in the social health insurance system and the right to the basic package is granted from the date of initiation of the work / service relationship.

(4) For the persons mentioned in par. (1) who fall within the category of those who have the status of taxpayers to the social health insurance system, according to the Law no. 227/2015, as subsequently supplemented or amended and which did not pay the contribution to the fund within the time limits provided by the same law, the outstanding amounts are recovered by A.N.A.F. in accordance with the law, including fiscal tax liabilities due for tax receivables.

(5) The insured and the insurance rights cease:

a) for the persons referred to in paragraph (1) lit. a) with the loss of the right of domicile or residence in Romania, as well as under the conditions of art. 267 par. (2) - (2 ^ 2), as the case may be;

b) for the persons mentioned in par. (1) lit. b) with the loss of the right of residence in Romania, as well as under the conditions of art. 267 par. (2) - (2 ^ 2), as the case may be; c) for the persons referred to in par. (1) lit. c) with the loss of the right of residence in Romania, for a period of more than 3 months, as well as under the conditions of art. 267 par. (2) - (2 ^ 2), as the case may be;

d) for the persons mentioned in par. (1) lit. d), together with the loss of the status of frontier worker, and under the conditions of art. 267 par. (2) and (2 ^ 2) as appropriate.

(6) The supporting documents regarding the acquisition of the quality of the insured shall be established by an order of the CNAS president.

Article 267

(2) For the persons who realize the incomes stipulated in art. 155 par. (1) lit. a) of Law no. 227/2015, as subsequently amended and supplemented, the quality of the insured shall cease within 3 months from the date of termination of the employment / service relationship.

(2 ^ 1) For the categories of persons insured without payment of the contribution provided under art. 224 par. (1), the quality of the insured shall cease within 1 month from the date when the persons no longer belong to these categories of insured persons. (2 ^ 2) For the persons who realize the incomes provided under art. 155 par. (1) lit. b) - h), as well as for the persons referred to in art. 180 par. (1) lit. a) of Law no. 227/2015, with the subsequent amendments and completions, the quality of the insured shall cease on the date when the legal term of filing of the declaration, stipulated in art. 174 par. (3) of the Law no. 227/2015, with subsequent amendments and completions, unless they submit a new declaration for the next period.

(2 ^ 3) For the persons referred to in art. 180 par. (1) lit. b) and c) of Law no. 227/2015, as subsequently amended and supplemented, the quality of the insured shall expire at the expiration of 12 months from the date of filing the declaration provided in art. 174 par. (3) of the same law if they do not file a new statement for the next period. (2 ^ 4) After the expiry of the periods provided for in paragraph (2) - (2 ^ 3), for persons who do not prove the quality of insured, the provisions of art. 232, in the sense that they only benefit from the minimal package of medical services.

Art. 268(5) Foreigners benefiting from a form of protection according to Law no. 122/2006 on asylum in Romania, with subsequent amendments and completions, acquire the quality of insured in the social health insurance system as follows:

a) from the date of starting the labor / service relations, in the case of natural persons who realize incomes from the category of those provided in art. 155 para. (1) lit. a) of Law no. 227/2015, with subsequent amendments and completions;

b) from the date of submitting the declaration, in the case of the natural persons who realize the incomes provided in art. 155 para. (1) lit. b) - h), as well as in the case of the persons provided in art. 180 of Law no. 227/2015, with subsequent amendments and completions

ART. 224*)

(1) The following categories of persons benefit from the insurance, without payment of the contribution, under the conditions of art. 154 of Law no. 227/2015, as subsequently supplemented or amended:

a) children up to the age of 18, young people from 18 years up to the age of 26, if they are students, including high school graduates, until the beginning of the academic year, but not more than 3 months after the completion of the studies, apprentices or students, doctoral students under the doctoral studies contract, within 4-6 conventional teaching hours per week as well as those who follow the individual training module based on their request to become soldiers or professional graduates;

b) young people under the age of 26 coming from the child protection system;

d) persons whose rights are established by Decree-Law no. 118/1990 regarding the granting of rights to persons persecuted for political reasons by the dictatorship established from March 6, 1945, as well as to those deported abroad or constituted in prisoners, republished, as subsequently supplemented or amended, by Law no. 51/1993 on the granting of certain rights to magistrates who have been removed from justice for political reasons during the years 1945-1989, as subsequently supplemented or amended, by Government Ordinance no. 105/1999 regarding the granting of certain rights to the persons persecuted by the regimes established in Romania from September 6, 1940 to March 6, 1945 for ethnic reasons, approved with amendments and completions by Law no. 189/2000, as subsequently supplemented or amended, by Law no. 44/1994 on war veterans, as well as some rights of invalids and widowers of war, republished, as subsequently supplemented or amended, by Law no. 309/2002 on the recognition and granting of rights for the persons who performed the military service in the General Department of the Labor Service between 1950 and 1961, as subsequently supplemented or amended, as well as the persons stipulated in art. 3 par. (1) lit. b) point 1 of the Law of Gratitude for the Victory of the Romanian Revolution of December 1989, for the anticommunist workers 'revolt in Braşov in November 1987 and for the anticommunist workers' revolt in the Jiu Valley - Lupeni - August 1977 no. 341/2004, as subsequently supplemented or amended, for the monetary rights granted by these laws;

e) persons with disabilities, for the incomes obtained under Law no. 448/2006 on the protection and promotion of the rights of disabled persons, republished, as subsequently supplemented or amended;

f) patients with diseases included in the national health programs established by the Ministry of Health, until the healing of the respective condition;

g) Pregnant women and women lately confined;

h) natural persons who are on sick leave for temporary incapacity for work due to accidents at work or occupational diseases, as well as those who are on medical leave granted according to the Government Emergency Ordinance no. 158/2005 on sickness leave and indemnities, approved with amendments and completions by Law no. 399/2006, as subsequently supplemented or amended;

i) persons who are on leave, according to the Law no. 273/2004 on adoption procedure, republished, on parental leave according to the Government Emergency Ordinance no. 111/2010 on parental leave and indemnity, approved with amendments by Law no. 132/2011, as subsequently supplemented or amended;

j) persons who execute a custodial sentence or are under preventive arrest in the penitentiary units, as well as the persons who are in the process of carrying out a measure of education or security deprivation of liberty, namely persons who are in the period of postponement or interruption the execution of the custodial sentence;

k) persons receiving unemployment benefit or, as the case may be, other social protection rights provided from the unemployment insurance budget, according to the law;

l) detained, arrested or detained persons in pre-trial detention and detention centers, aliens in accommodation centers for return or expulsion, and those who are victims of trafficking in human beings who are in the process of establishing identity and are housed in specially arranged centers according to the law;

m) natural persons benefiting from social aid according to the Law no. 416/2001 on the minimum guaranteed income, as subsequently supplemented or amended;

n) natural persons who have the status of pensioners, pension revenues, and income from intellectual property rights;

o) Romanian citizens who are victims of trafficking in human beings for a maximum of 12 months;

p) the monastic staff of the recognized denominations, in the records of the State Secretariat for Cults;

q) volunteers who work under voluntary emergency services under the Voluntary Contract during their participation in emergency interventions or training to participate in them, in accordance with Government Ordinance no. 88/2001 on the establishment, organization and functioning of community public services for emergency situations, approved with amendments and completions by Law no. 363/2002, as subsequently supplemented or amended.

(1 ^ 1) Persons who have acquired the quality of insured under para. (1) lit. c) and q) can not themselves be co-insured.

(2) The categories of persons not provided in par. (1) have the obligation to ensure, according to the present law, and to pay the contribution to health insurance under the conditions of Law no. 227/2015, as subsequently supplemented or amended.

The persons which are not classified in the aforementioned categories have the duty to become insured and to pay the contribution to the health insurance services, according to the law.

The persons with no insurance are entitled to a minimum service package including health care, medicines and sanitary materials only in case of medical-surgical emergencies and potentially endemic-epidemic diseases, for the purpose of monitoring the pregnancy and post-partum period, family planning services, prevention services and community healthcare.

	31 Dec.~~2019~~2020
Total number of insured persons registered on the lists of family doctors (taking advantage of the basic medical package)	16.454.108 ~~17.551.619~~
The total number of uninsured persons, persons registered on family doctors’ lists (taking advantage of the minimum package of medical services)	3.810.350 ~~3.812.886~~
The total number of people taking advantage of medical services packages registered on family doctors’ lists	20.264.458 ~~21.364.505~~
The population of Romania (according to the National Statistics Institute~~[2]~~)	19.328.838 ~~22.242.738~~ (resident population 2020)

According to the provisions of Law No 95/2006, republished, as further completed and amended, the following shall take advantage of the medical insurance, without paying the contribution:

- all the children up to the age of 18;

- spouse and parents with no income, dependant on an insured person.

31 Dec. ~~2019~~2020

Number of children up to the age of 18

4.110.254

~~3.670.114~~

Number of insured persons belonging to the category of spouse and parents with no income, depndent on an insured person

545.005

~~664.279~~

II - 4. Types of Benefit

§1. Article 10. C102 and ECSS

The benefit shall include at least:

(a) in case of a morbid condition,

(i) general practitioner care, including domiciliary visiting;

(ii) specialist care at hospitals for in patients and out patients, and such specialist care as may be available outside hospitals;

(iii) the essential pharmaceutical supplies as prescribed by medical or other qualified practitioners; and

(iv) hospitalisation where necessary; and

(b) in case of pregnancy and confinement and their consequences,

(i) pre natal, confinement and post natal care either by medical practitioners or by qualified midwives; and

(ii) hospitalisation where necessary.

A. Please state in detail the nature of the benefits provided under each scheme concerned, with reference to paragraph 1 of this Article, specifying, more particularly, the pharmaceutical supplies provided and the services provided in case of hospitalisation.

B. If recourse is had to paragraph 2 please indicate, for each type of benefit enumerated in paragraph 1 (a), the extent to which the patient or the breadwinner is required to share in the cost of the medical care received. Please state what measures are taken to ensure that cost‑sharing does not involve hardship.

C. Please confirm that, in accordance with paragraph 2, cost‑sharing is not required in the case of pregnancy and confinement and their consequences. If the scheme provides for the reimbursement of the expenses which the beneficiary or her breadwinner was obliged to incur in order to obtain the benefits stipulated in paragraph 1 (b) please furnish any available information to show that the beneficiary or her breadwinner does not share in the cost of such benefits.

D. Please state in detail what measures are taken to give effect to the provisions of paragraphs 3 and 4 of this Article.

1. a) In Romania, the insured persons take advantage of the services foreseen in the basic service package, in case of illness or accident, starting from the first day of illness or from the accident date and until cured, as provided by the medical services providers contracted by the Health Insurance House (as foreseen by the provisions of Title VIII of Law No 95/2006, republished, as further completed and amended). The insured persons are entitled to:

- to take advantage of the reimbursement of all expenses undertaken during hospitalization for the medication, sanitary materials and paraclinical investigations they were entitled to, with no personal contribution, according to the requirements of the framework agreement;

- to carry out prophylactic check-ups, according to the requirements established in the framework agreement;

- to take advantage of preventive medical assistance services and health promotion, including for the purpose of early identification of conditions;

- to take advantage of ambulatory medical care and in the hospitals with a contract concluded with the health insurance houses;

- to take advantage of emergency medical services;

- to take advantage of several dental care services;

- to take advantage of physical therapy and recovery treatment;

- to take advantage of the medical devices;

- to take advantage of medical care services at the residence;

- to take advantage of leaves and health security benefits, according to the law.

The service packages granted on various medical care levels within the health insurance system are foreseen by Government Decision no 140/2018, as further completed and amended and the Order no 397/839/2018 , as further completed and amended~~(applicable from 1 April 2018) and Government Decision no 140/2018 (applicable from 1 April 2018 until 31 December 2019)~~.

For persons not proving the payment of the contribution to the Unique National Health Insurance Fund, medical care related to the minimum medical services package is provided according to the provisions of Law no. 95/2006, republished, as further completed and amended, which contains health care services, medicines and medical supplies only in the case of medical and surgical emergencies and endemic epileptic diseases, monitoring of pregnancy and confinement, family planning services, prevention and community health care services, as:

- primary medical assistance;

- clinical specialized outpatient medical assistance;

- dental outpatient assistance;

- hospitalized medical assistance.

By Government Emergency Ordinance no. 18/2018 of 15 March 2018 regarding the adoption of fiscal-budgetary measures and for the modification and completion of some normative acts published in the Official Gazette of Romania no. 260 of 23 March 2018 was regulated as for the persons referred to in art. 222 par. (1) who fall within the category of those who have the status of taxpayers to the social health insurance system, according to the Law no. 227/2015, as subsequently amended and supplemented and which did not pay the contribution to the fund within the time limits provided by the same law, the outstanding amounts are recovered by A.N.A.F. under the terms of the law, including tax deductions due for tax receivables.

i) The primary medical care is provided by the family physician as follows:

o for individuals not proving the payment of the contribution to the Unique National Social Health Insurance Fund, as medical care related to the minimal medical services package;

o for insured individuals proving the payment of their contributions to the Unique National Social Health Insurance Fund, as medical care related to the basic medical services package;

o for any individuals benefiting of emergency medical care services (regardless of whether they are registered or not on the list of the family physician providing the emergency medical care services).

The basic medical services package contains:

I. Curative medical services for medical-surgical emergencies, acute, sub-acute conditions, acute exacerbation of chronic illnesses and for chronic illnesses.

1. A single consult for each individual, for each established emergency case is settled during the entire reporting period.

2. Consults for acute/sub-acute conditions or acute exacerbation of chronic illnesses are settled during the entire reporting period.

3. Consults for chronic illnesses are settled, during the entire reporting period, for:

· Illness evolution monitoring;

· Continued therapy;

· Screening of complications;

· Training of the insured person on self-care;

4. Active monitoring consults by an integrated management plan based on scheduling, for chronic illnesses with major impact on the illness burden regarding: high cardiovascular risk (HTA), dislipidemia and type II sugar diabetes, bronchial asthma, chronic obstructive respiratory illness (BPOC), chronic kidney illness, that include:

- The initial assessment of the newly identified case after the first quarter of registration;

- The patient monitoring.

II. Preventive and prophylactic medical services

1. Preventive consultations are periodic active consultations for people aged 0-18 on growth and development, nutrition status and nutritional practices, detection and consequent intervention for age / gender specific risks, preventive services for children on age and gender groups,

2. Monitoring the evolution of pregnancy and lice: (see Part VIII, Article 49)

3. Individual risk assessment for the asymptomatic adult - Active family doctor consultations are actively advised to adults in the general population - no signs of disease,

4. Surveillance and detection of diseases with endemic-epidemic potential,

5. Family planning services:

a) women's counseling on family planning;

b) indicating a contraceptive method for people at risk.

III. House calls – they are granted by the family physician to the insured person registered on his/her own list.

IV. Additional medical services represent services provided on an optional basis in the medical practices of the family physicians, exclusively to the insured individuals on their lists. These services are:

· ~~Between July 1^st 2019 and June 30^st 2020 -~~ gGeneral ultrasound – abdomen and pelvis

V. The support activities are represented by releasing the following documents:

- ~~for the period July 1^st 2019 and June 30^st 2020:~~ sick leave; sending tickets; medical prescriptions; medical certificates for children in case of illness; medical documents necessary for the children for whom a special protection measure has been established, according to the law; medical certificates for enrollment in the college - issued at the annual examination of the preschool and pupils' balance sheet and only on enrollment in each educational cycle and epidemiological opinions for (re) entry into the collectivity, according to the Order of the Minister of Education, Research, Youth and Sport, Minister of Health no. 5298/1668/2011 for the approval of the Methodology for examining the health status of preschoolers and pupils in authorized and accredited state and private education establishments, regarding the provision of free medical care and the promotion of a healthy lifestyle, as subsequently amended and supplemented; medical certificate of death, as a result of the examination for the determination of death, except for suspected cases requiring medical forensic expertise, according to the Order of the Minister of Justice and Minister of Health no. 1134 / C-255/2000 for the approval of the Procedural Norms on the conduct of expert opinions, findings and other forensic work; the synthetic medical record required for children with disabilities for grading and re-evaluation in grade of disability, according to the Order of the Minister of Labor, Family, Social Protection and the Elderly, Minister of Health and Minister of National Education no. 1985/1305/5805/2016 regarding the approval of the methodology for the evaluation and the integrated intervention in order to accommodate disabled children with disabilities, the school and professional orientation of the children with special educational needs, as well as for the empowerment and rehabilitation of children with disabilities and / or special educational requirements; employment certificates for unemployed beneficiaries of the basic package; issuance of medical documents, according to the field of competence, necessary for the evaluation and re-evaluation in order to be classified as disabled.

VI. Services of drug administration:

- ~~for the period July 1~~^st ~~2019~~ ~~and June 30~~^st ~~2020~~ - intramuscularly, subcutaneously, intradermally, intravenously or infusions, as appropriate, for medications recommended by family doctors as a result of their own medical treatment, are given to policyholders on their family doctor's list during their cabinet work.

b. administration of the DOT for the confirmed TB patient is given to the insured on the family doctor's list, during the working hours in the cabinet, in compliance with the provisions of the Order of the Minister of Health no. 6/2018 amending and supplementing the Order of the Minister of Health 1171/2015 for the approval of the Methodological Guide for the implementation of the National Program for Tuberculosis Prevention, Supervision and Control.

ii) Specialized medical assistance in ambulatory clinical is provided by specialized physicians with other specialized medical personnel and other personnel categories, as well as with the authorized and certified personnel, as applicable, to provide health care services related to the medical practice and for acupuncture by physicians obtaining competencies / complementary studies certificate for acupuncture and for outpatient palliative care services by doctors who have obtained competence / certificate of complementary studies for palliative care certified by the Ministry of Health and who work exclusively in this activity and conclude a contract with health insurance houses based on the complementary study certificate / certificate.

Starting April 1, 2018, the outpatient palliative care services were introduced into the basic package, which is provided to doctors who have obtained competency / attestation of complementary palliative care studies certified by the Ministry of Health and who work exclusively in this activity, and concludes a contract with the health insurance houses based on the complementary study certificate / certificate.

The basic medical services package includes:

Medical services for medical-surgical emergencies:

1. Consults for acute / sub-acute illnesses and acute exacerbation of chronic illnesses

2. Consults for chronic illnesses

3. Consults for the identification of potentially endemic-epidemic illnesses

Consults for granting the family planning services

4. Diagnostic services (simple diagnostic procedure, complex and complex complexity) and therapeutic services / surgical and medical treatments, psychiatric therapies and genetic counseling,

5. Health services related to the medical act may be the subject of contracts concluded by health insurance houses with specialized doctors; these are provided by psychologists, speech therapists and kinetotherapists.

6. Pregnancy and confinement surveillance services (see Part VIII, Article 49)

7. ~~Starting April 1, 2018 -~~ Outpatient Palliative Care

8. ~~Starting April 1, 2018 -~~ Medical services with diagnostic – case purpose; these services are day-care services and are given in outpatient clinic specialty.

9. Acupuncture - treatment consultations and treatment.

Exempts from the obligation to present the medical sending note are the urgency and illnesses that allow direct presentation to the specialized outpatient clinic for the clinical specialties provided in Annex 13 of the ~~Order no. 196/139/2017 and in Annex 13 to~~ Order no. 397/836/2018, as further completed and amended, family planning services, as well as medical services for diagnostic- case purposes.

Specialized outpatient medical services for clinical medical recovery specialty are provided by medical doctors specialized in medical recovery, together with other medical-sanitary specialized staff and other categories of staff.

The basic medical services package includes consults and treatment cures.

The consult at the specialized physician in outpatient clinic and specialized outpatient clinic for medical recovery is carried out based on the referral from the family physician or another specialized physician, only if the insured individual had an initial referral released by the family physician where he/she is registered and only if the referring physician has a contract concluded with the health insurance house.

The dental medical assistance is provided by dental doctors and dentists together other medical-sanitary specialized staff and other categories of staff. The basic medical services package includes dental treatment services.

For providing dental medical services not referral document is required.

The basic ambulatory/outpatient specialist care assistance services package for paraclinical specializations includes:

1. Paraclinical investigations and laboratory analyses:

§ Hematology;

§ Biochemistry – seric and urinary;

§ Microbiology;

§ Imunology;

§ Testing of the sensitivity to antimicrobial and antifungal substances;

§ Hystopathological and cytological examinations.

2. Radiological paraclinical investigations: medical imagistic, nuclear medical investigations and functional examinations:

§ Radiology – Medical imagistic:

§ Ionizing radiation based investigations

§ Non-irradiating based investigations

§ High-performance investigations

§ ~~Functional examinations~~

§ Nuclear medicine.

~~- for the period July 1^st 2019 and June 30^st 2020 –~~

~~Radiological paraclinical investigations: medical imagistic, nuclear medical investigations~~:

§ ~~Radiology – Medical imagistic:~~

· ~~Ionizing radiation based investigations~~

· ~~Non-irradiating based investigations~~

· ~~High-performance investigations~~

§ ~~Nuclear medicine.~~

The paraclinical medical investigations are granted only based on referral documents, provided the medical doctor releasing the referral document was under a contracting relationship with the same health insurance house that contracted also the paraclinical medical services provider. StartingDecember 1^th, 2020, the paraclinical medical services provider based on the referral document, regardless of the health insurance house with which the doctor who issued it is in a contractual relationship.

The basic services package for home medical care includes: measuring physiological parameters; medication administration; urinary tract catheterism, urinary tract care; artificial feeding / passive feeding / parenteral nutrition; eviscerating closure; vaginal scrubbing; therapeutic maneuvers; wound / escare / stoma / fistula / drain tube / tracheal cannula care; applying plexus, basin, urinary condom, urine absorption aid; non-invasive ventilation; kinetotherapy.

The basic package of palliative care services at home includes~~(as of 1 April 2018)~~:

1. Medical services performed by a physician or under the supervision of a physician: holistic evaluation, stage palliative diagnosis, communication, care plan, education and counseling of the patient and family in the care plan, patient and family support in therapeutic and decision making care, diagnostic and therapeutic maneuvers, medication prescription, application and monitoring of pharmacological and non-pharmacological treatment suitable for symptom management, support activities;

2. Care services provided by the nurse: care needs assessment, patient monitoring - vital, vegetative, escape, lymphedema, stomach, excretory tumors, medication, non-pharmacological methods of treatment of symptoms, education of the patient, carers;

3. Physical therapy services provided by balneophobicokinetotherapists, kinetotherapists and medical physical culture teachers;

4. Psychological assistance services provided by the psychologist.

The medical devices intended to the outpatient organic or functional recovery are granted for a determined or undetermined period of time, based on medical prescriptions released by the specialized medical doctor contracted by the health insurance house. The basic medical services package includes ENT prosthesis devices for stomas, urinary incontinency, lower limb, upper limb, orthosis (for the back bone, the upper limb and the lower limb), orthopedic shoes, oxygen therapy and non-invasive ventilation devices, motor devices and devices for saline aerosol therapy, external breast prosthesis.

iii) The persons insured take advantage, under outpatient regime, of medication with or without personal contribution, based on medical prescription released by the medical doctors having contracts concluded with the health insurance houses.

The medication prescription and release method is foreseen in the G.D. no 140/2018, as further completed and amended (applied since April 1^th 2018 until June 30^th 2021~~December 31^th 2020~~) and in their related Methodological Implementation Norms above mentioned.

The list of medication (DCI) the insured persons are entitled to, with or without personal contribution, is drafted by the Ministry of Health and National Health Insurance House, with the consultation of the College of Pharmacists in Romania and approved by Government Decision. The list can only include the medication specified in the products classification. (Article 242 of the Law no. 95/2006, republished, as further completed and amended).

The medication with or without personal contribution in the ambulatory treatment and some specific sanitary materials granted for the ambulatory treatment of the patients included in national health programmes for curative purpose, are released by pharmacies belonging to medical units through which run those programs, or pharmacies authorized by the Ministry of Health, assessed according to the legal regulations in effect.

The list of the international common denominations included in the Nomenclature of drugs for human use, destined to insured individuals for ambulatory treatment, with or without personal contribution, based on medical prescription is foreseen by the Government Decision no. 720/2008 for the approval of the list including the common international denominations pertaining to the drugs for insured individuals, with or without personal contribution, based on medical prescription, in the social health insurance system, as well as the common international denominations of the drugs granted within the national health programmes, republished, with the subsequent supplements and amendments.

As of April 1, 2021, drug providers have the obligation to issue drugs from the medical prescriptions to the insured, regardless of the health insurance house where the insured is registered, regardless of whether or not the doctor who issued the prescription is in a contractual relationship with the same health insurance house with which the pharmacy has a contractual relationship; Exceptions are medicines that are the subject of cost-volume-result contracts that are issued regardless of the health insurance company where the insured is registered, provided that the drug provider is in contract with the same health insurance house as the doctor who issued the prescription.

iv) The medical care in hospitals is provided in sanitary units with beds, authorized and assessed according to the law.

1. The hospital medical services are preventive, curative, recovery, medical rehabilitation, palliative type of services and include: specialized medical consults, investigations, diagnosis, medical and/or surgical treatments, care, recovery, medication, monitoring and supervision, accommodation and meals, depending on the type of hospitalization.

2. According to the hospital accommodation, the medical care in the hospital is granted as:

a) continuous hospitalization: includes care provided in the hospital includes acute and chronic care, granted in compliance with the following admittance criteria:

ü child delivery;

ü medical-surgical emergencies and situations in which patient’s life is endangered or which might put the patient's life in danger and requiring continuous monitoring;

ü illnesses with endemic-epidemic potential requiring isolation and treatment;

ü medically ill included under the articles 109, 110, 124 and 125 from the Law no. 286/2009 regarding the Penal Code, with the subsequent amendments and supplements and, in the cases ordered by order of the District Attorney during the trial or criminal prosecution, requiring isolation or mandatory admission and the treatment of prisoners for which the trial court ordered the sentence to be executed in a prison hospital and the treatment of patients in prisons whose illnesses require supervision and reassessment in the prison hospitals; patients requiring long term hospital care – years;

ü illnesses for which the diagnosis and/or treatment can not be supervised in ambulatory care or day-time hospitalization.

· The patients with a hospital admission referral for continuous hospitalization will be scheduled for admission, according to the illness and seriousness of the signs and symptoms and the availability of the services provided by the requested hospital unit.

· The prevention of continuous hospitalization classified as avoidable will be carried out by early diagnosis, approach, treatment and supervision, namely adequate monitoring in ambulatory care and day-time hospitalization, as applicable.

In Annex 22 to Order no. 397/836/2018 , as further completed and amended)~~(applied since April 1^th 2018 until December 31^th 2020)~~ provides the list of hospital medical services provided under day-care regime.

b) day-time hospitalization: includes acute and chronic care, granted in compliance with the following admittance criteria:

ü medical-surgical emergencies requiring medical supervision up to 12 hours only in the sanitary units with beds which also provide hospital care under continuous hospitalization;

ü the diagnosis can not be established and the treatment can not be applied and/or monitored in ambulatory care.

· The necessary services for the patient diagnosis, treatment and monitoring carried out during the day-time hospitalization, may have a multiple specialized and /or multidisciplinary nature, can be invasive, followed by adverse reactions or emergency risks during their performance or correlated with the patient's health state, requiring medical monitoring which can not be carried out in ambulatory care.

· Medical services under continuous and day-care hospitalization are granted on the basis of the internment ticket.

· Doctors who can issue internment tickets are:

- family doctor;

- the specialist doctor in ambulatory health establishments, regardless of the form of organization;

- doctors in the medical-social care units;

- physicians from private dialysis centers in contract with health insurance houses / National Health Insurance House, as the case may be;

· doctors working in TB dispensaries, in mental health laboratories, respectively mental health centers and psychiatric psychiatrists, in dental clinics that are not in a contractual relationship with health insurance companies and which are located in the structure of hospitals as units without legal personality;

· There are situations where an internment ticket is not required:

- for continuous hospitalization: medical / surgical birth / emergencies / endemoepidemic potential diseases requiring isolation and treatment / illnesses under Art. 109, 110, 124 and 125 of Law no. 286/2009, with the subsequent amendments and completions, and in the cases ordered by the prosecutor's ordinance during trial or prosecution, requiring isolation or compulsory confinement, and the treatment of persons deprived of their liberty for which the court ordered the execution of the sentence in a hospital-penitentiary and the treatment of patients in prisons whose diseases require monitoring and re-evaluation in hospital penitentiaries for patients requiring long-term hospital care - years / cases that have a hospital admission recommendation following a medical letters provided by physicians in the integrated ambulatory of that hospital, in a contractual relationship with health insurance institutions / in-hospital transfer when the type of care / in-hospital transfer / patients who have a medical letter in discharge with rehabilitation indication for hospitalization / patients with haemophilia in the national haemophilia program / and confirmed oncology patients in the National Oncology Program.

- in daily hospitalization for: medical / surgical emergency / chemotherapy / radiotherapy / medication corresponding to ICDs marked with (1), (**) 1b and (**) 1Ω, provided for in the Government Decision no. 720/2008, republished, with subsequent modifications and completions / monitoring of HIV / AIDS patients / dynamic evaluation of viroimmunologic response, monitoring and treatment of patients with thalassemia / monitoring of oncological patients / treatment administration for rabies prophylaxis / monitoring of primary genital syphilis and syphilis secondary skin and mucous membranes / solving cases that have a recommendation for hospitalization in a hospital following a medical letter given by the physicians in the integrated ambulatory of the respective hospital, in a contractual relation with the health insurance houses / the patients who have a medical letter at discharge with return indication for admission / patients with haemophilia in the national haemophilia program.

ü Those insured individuals are provided with those hospital medical services until their full cure.

Medical assistance for medical recovery and physical medicine and rehabilitation in sanatoriums and preventers is provided in sanatoriums / sanatoria sections for adults and children, preventives, with or without legal personality, including providers constituted according to the Companies Law no. 31/1990, republished, with the subsequent modifications and completions, which are approved by the Ministry of Health as sanatoriums or have in the structure approved by the Ministry of Health spas.

The services are provided on the basis of referral tickets for treatment of physical medicine and rehabilitation in balneal sanatoriums, issued by family doctors, outpatient specialists and hospital doctors, in contractual relations with health insurance houses. Criteria for delivery of referral tickets for physical and rehabilitation treatment refer to the specific pathology and associated conditions of the insured with the balneary treatment specificity.

II - 5. Cost-sharing

Article 4. C24

1. The insured person shall be entitled free of charge, as from the commencement of his illness and at least until the period prescribed for the grant of sickness benefit expires, to medical treatment by a fully qualified medical man and to the supply of proper and sufficient medicines and appliances.

2. Nevertheless, the insured person may be required to pay such part of the cost of medical benefit as may be prescribed by national laws or regulations.

3. Medical benefit may be withheld as long as the insured person refuses, without valid reason, to comply with the doctor's orders or the instructions relating to the conduct of insured persons while ill, or neglects to make use of the facilities placed at his disposal by the insurance institution.

Article 5. C24

National laws or regulations may authorise or prescribed the grant of medical benefit to members of an insured person's family living in his household and dependent upon him, and shall determine the conditions under which such benefit shall be administered.

§2. Article 10. C102 and ECSS

The beneficiary or his breadwinner may be required to share in the cost of the medical care the beneficiary receives in respect of a morbid condition; the rules concerning such cost-sharing shall be so designed as to avoid hardship.

The medical services for which co-payment is collected are the medical services provided in the sanitary units with beds by continuous hospitalization and the medical services provided in the specialized ambulatory recovery, physical medicine and balneology; the minimum co-payment level is 5 lei and the maximum level is 10 lei. The value of the co-payment is determined by each health unit based on its own criteria.

According to the provisions of Title VIII of Law no. 95/2006, republished, as further completed and amended, the following categories of people~~policyholders~~ are exempt from the co-payment and benefits from insurance, without paying the contribution, under the conditions of art. 224, as follows:

a) children up to the age of 18;

b) young people aged between 18 and 26, if they are students, high school graduates, until the beginning of the academic year, but no more than 3 months, the apprentices or students;

c) patients with diseases included in the national health programs established by the Ministry of Health, for the medical services related to the basic disease of the respective disease, if they do not earn income from work, pension or other resources;

d) natural persons with pension and social benefits for pensioners, up to and including 900 lei / month, whether or not they make other income;

e) all pregnant and confinement women, for medical services related to the evolution of pregnancy, and those who have no income or have income below the minimum basic salary in the country, for all medical services;

f) Romanian citizens who are victims of trafficking in human beings;

g) detained, arrested or detained persons in pre-trial detention and detention centers, if they do not earn income from work, pension or other resources.

The personal contribution is charged for dental medical services, medicines, medical recovery services in hydropathical and medical recovery sanatoriums and in other sanatoriums and preventoria, medical devices in ambulatory, as follows:

- Dental medical services, which include dental medical treatments, are provided for:

ü children aged 0 to 18 years, for whom the health insurance house offsets 100% of the maximum medical service rate;

ü insured individuals aged more than 18 years, for whom the health insurance house offsets percentages of the maximum medical service rate; for emergency services, 100% of the maximum rate is settled.

ü insured individuals benefiting of special laws (Law No 51/1993, Law no 44/1994, Law No 341/2004), for whom 100% is offset if the services are provided in State-owned civil or military medical units, otherwise, the offsetting percentage being of 60%;

ü other categories of insured individuals, beneficiaries of special laws, for whom the health insurance houses offset 100% of the medical service prices;

ü for the services in the minimum package, health insurance houses reimburse 100% of the maximum medical services tariff.

- Drugs with or without personal contribution, for treatment in ambulatory

According to G.D. No 720/2008, republished, as further amended and supplemented:

The offsetting percentage of the medication pertaining to the DCIs foreseen on sub-list A is 90% of the reference price, of the ones in sub-list B is 50% of the reference price, of the ones in sections C1 and C3 from the sub-list C is 100% of the reference price and of the ones in sub-list D is 20% of the reference price.

For pensioners with only retirement income of up to 700 lei / month, the amount of compensation for medicinal products corresponding to the international common denominations in sublot B is 90% of the reference price, of which 50% is covered by the budget of the Unique National Insurance Fund social health and 40% of the transfers from the budget of the Ministry of Health to the budget of the National Health Insurance Fund, for the prescriptions whose price for the reference / prescription price is up to 330 lei per month.

Starting with September 1, ~~2019~~2020, the beneficiaries of the Program for 90% offsetting the reference price of the medicines are pnesioners with pension income and social allowance for pensioners up to and including ~~1.139~~1.299 lei/month, regardless of whether realize or not other income, according to G.D. no 436/2017.

The maximum amount born by the health insurance houses from the Fund is that resulting from the application of the offsetting percentage to the reference price of the drugs in question.

Medical prescriptions for medicines without personal contribution is issued in the following situations:

ü for children aged up to 18 years, pregnant and confinement women, young people from 18 years up to age 26, if they are pupils, including high school graduates to the beginning of the academic year, but not more than 3 months, apprentices or students;

ü for chronic diseases related to certain groups of diseases according to the legal provisions in force;

ü for individuals specified in the special laws, in compliance with prescribing medicines provisions.

- Sanitary units with beds

The hospitals, from the amounts contracted with the health insurance houses, bear the amount related to the standard hotel services (standard accommodation and meals at the level of the food allowance) for the companions of sick children up to 3 years old, as well as for the companions of people with severe disabilities . emphasized.

Insured bear the value of hotel services (accommodation and / or meals) with a high degree of comfort, above the standard comfort, granted at their request

The value of the high level comfort hotel services is established by each hospital unit providing hospital services, with the obligation to ensure the access of the insured to hospital care provided under standard hotel conditions.

- Physical and rehabilitation medical services in sanatoriums, including Sanatoriums and Prevenitors

In the balneary sanatoriums/sanatorium wards from hospitals, the personal contribution of the insured individuals represents 35% of the daily hospitalization rate negotiated.

For medical rehabilitation and recovery services provided in sanatoriums other than the balneary ones and preventoria, no contribution is charged to the insured individuals.

- Medical devices designed to recover obstructive organic or functional deficiencies

- The maximum amount born by the health insurance houses from the Fund for each medical device or medical device type intended to the organic or functional disability in ambulatory, within the health insurance system, is represented by the reference price or the lease price, as the case may be. The reference price and the lease amount are established according to a methodology approved by the President of the National Health Insurance House. If the retail selling price or the lease amount for the medical device is higher than the reference price or the lease amount established according to a methodology approved by the President of the National Health Insurance House, the difference shall be born by the insured individual through a personal contribution to be paid directly to the relevant supplier.

In the case of pregnancy, birth and consequences, the beneficiary of the medical services or its maintenance does not bear the costs of the medical services, and according to the provisions of Law no. 95/2006, republished, as further completed and amended, all pregnant women and chil- dren are exempt from pregnancy, medical services related to the evolution of pregnancy, and those who have no income or income below the minimum gross national salary for all medical services.

The value of prescription drugs for pregnant women and chil- dren is borne by the fund at the reference price.

In addition to the above, we make it clear that in the social health insurance system pregnant women benefit from insurance without the payment of the contribution under the conditions of art. 154 of Law no. 227/2015. In case they realize the incomes stipulated in art. 155 of the Law no. 227/2015, this income is due to the social health insurance contribution according to the regulations specific to each category of income.

II - 6. Objectives of Medical Care

§3. Article 10. C102 and ECSS

The benefit provided in accordance with this Article shall be afforded with a view to maintaining, restoring or improving the health of the person protected and his ability to work and to attend to his personal needs.

According with the Law no. 95/2006, republished, as further completed and amended, for the purpose of preventing the illness, the early identification of illnesses and preserving the health, the insured individuals, directly or through the service providers with contracts concluded with the insurance houses, will be permanently informed by the insurance houses on the means to preserve their health, to reduce and avoid the causes of illness and on the dangers they expose to in case of drugs, alcohol and tobacco consumption.

The official website of the National Health Insurance House: www.cnas.ro

The National Health Insurance Fund (NHIF) is a public autonomous institution of national interest with legal personality whose main activity is to provide unitary and coordinated functioning of the system of social health insurance in Romania.

II - 7. Promotion of the general health service

§4. Article 10. C102 and ECSS

The institutions or Government departments administering the benefit shall, by such means as may be deemed appropriate, encourage the persons protected to avail themselves of the general health services placed at their disposal by the public authorities or by other bodies recognised by the public authorities.

II - 8. Qualifying period

Article 11. C102 and ECSS

The benefit specified in Article 10 shall, in a contingency covered, be secured at least to a person protected who has completed, or whose breadwinner has completed, such qualifying period as may be considered necessary to preclude abuse.

Please state, for each scheme concerned, the length of the qualifying period which has been considered necessary to preclude abuse. Please summarise the rules concerning the computation of the qualifying period.

§1(f) Article 1. C102, §1(i) Article 1. ECSS

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

The legislation regulating the social health insurance system does not regulate a mandatory qualification period for the insured individual and the co-insured person. The individual is considered to be insured from the moment when the contribution is paid to the Unique National Health Insurance Fund.

II - 9. Minimum duration of Benefit

Article 12. C102 and ECSS

The benefit specified in Article 10 shall be granted throughout the contingency covered, except that, in case of a morbid condition, its duration may be limited to 26 weeks in each case, but benefit shall not be suspended while a sickness benefit continues to be paid, and provision shall be made to enable the limit to be extended for prescribed diseases recognised as entailing prolonged care.

1. Please state, for each scheme concerned, whether the duration of all or any of the medical benefits referred to in paragraph 1 (a) of Article 10 is limited; if so, please specify:

(a) the limit or limits fixed, in general, for each type of benefit;

(b) the limit or limits fixed in case of diseases recognised as entailing prolonged care.

2. Please indicate, with reference to Article 68, the provisions, if any, for the suspension of the medical benefits referred to in Article 10, under each scheme or schemes concerned.

i) Primary care

- The basic package includes:

I. Medical curative services for medical-surgical emergencies, acute, subacute diseases, accidents of chronic diseases and chronic diseases

1. emergency situation: - a single consultation per person is given for each identified emergency.

2. acute / subacute illness or aggravation of chronic conditions:

- maximum two consultations are given for each disease episode.

3. chronic disease

- for all chronic / insured conditions a monthly consultation is given.

4. active monitoring through an integrated management plan

- Initial assessment of the newly diagnosed case in the first trimester after an outbreak - an episode that may include: 3 family doctor consultations within a maximum of 3 consecutive months.

- Patient monitoring includes 2 scheduled appointments including disease control assessment, complications screening, patient education, paraclinical investigations and treatment, and a new follow up after 6 consecutive months, calculated over the month of the second consultation previous case management monitoring.

II. Preventive and prophylactic medical services:

1. Preventive consultations are regular, as follows:

a) at discharge from maternity and at one month (at the child's home)

b) at 2, 4, 6, 9, 12, 15, 18, 24, 36 months;

c) Once a year from 4 to 18 years.

2. Monitoring the evolution of pregnancy and confinement: (see Part VIII, Article 49)

3. Preventive consultations for policyholders aged over 18:

- Individual risk assessment for the asymptomatic adult:

- All people aged 18 to 39 - every 3 calendar years. A maximum of 2 consultations / insurances are granted in the year of the individual risk assessment. For people aged 18-39 high risk - maximum 2 consultations / insured per year are given. As of 1 April 2018, the second consultation shall be given within 90 days of the first consultation.

- All persons aged> 40 years - maximum 2 consultations / insured per year. As of 1 April 2018, the second consultation shall be given within 90 days of the first consultation.

4. Surveillance and detection of diseases with endemic-epidemic potential

- one person per consultation is given for each suspected and confirmed endemic-epidemic disease, including the newly discovered TB patient actively diagnosed by the family doctor.

Family planning services: - maximum of two consultations per calendar year, on the insured person

III. Home consultation - is granted as follows:

- up to 2 consultations for each acute / subacute / chronic illness episode, up to 4 consultations / year for chronic diseases and a consultation for each emergency.

- Consultations at the home of the insured - maximum 42 consultations per month per physician with a list of registered insured persons but no more than three consultations per day.

IV. Additional medical services

Maximum number of additional services - general ultrasound - abdomen and pelvis - that can be performed and given in one hour, can not be more than 3.

V. Support activities - limits imposed by the specificity of each document provided in the basic package.

I. Medicines administration services - at the doctor's recommendation.

ii) Clinical outpatient care

Payment of ambulatory medical care services for clinical specialties, acupuncture, family planning and outpatient palliative care is done by medical service quoted in points or medical service - consultation / case in lei.

Health insurance houses reimburse to medical specialists in clinical specialties the amount of medical services settled by the tariff expressed in points provided in the package, if these services are performed in the medical offices where they operate and are interpreted by the respective doctors, the number of points for each medical service and the value set for one point.

The total number of points reported for consultations, medical services provided by clinic specialists, family planning and outpatient palliative care can not exceed the number of points earned according to the work schedule, according to the provisions of Annex 8 to Order no. 397/836/2018, as further completed and amended.

The basic package includes:

1. Medical services for medical and surgical emergencies:

- a single consultation per person is given for each identified emergency situation for which first aid has been granted or has been resolved at the level of the medical cabinet, with the exception of children aged 0-18 years for which a maximum of 2 consultations are settled.

2. Acute and subacute illnesses as well as acute illnesses of chronic diseases

- For the same episode of acute / subacute illness / chronic illness, maximum 3 consultations are given to the insured within a maximum of 60 calendar days from the date of the first consultation required to establish the diagnosis, treatment and progression of the case.

3. Chronic conditions

- For clinical and paraclinical evaluation, treatment prescribing and follow-up of chronic illnesses for one or more chronic diseases treated within the same specialty, a maximum of 4 consultations / quarter / insured, but no more than 2 consultations per month.

4. Detection of diseases with endemic-epidemic potential

- one person per insured person is counted for each suspected and confirmed endemic-epidemic disease.

5. Family planning services:

- 4 consultations per calendar year, for insured.

6. Palliative Care Services - Palliative Care Medical Consultations:

- for a clinical and paraclinical assessment, the elaboration of the palliative care plan, prescribing the treatment and following the evolution of the insured with need for palliative care, a maximum of 4 consultations / quarter / insured, but no more than 2 consultations per month.

7. Simple and complex diagnostic services and therapeutic services / surgical and medical treatments - the total number of points reported for consultations, medical services provided by clinic specialists, for a doctor / cabinet work schedule of 35 hours / week , cannot exceed the number of points achieved according to the work schedule, according to the above - ii)

8. Medical services related to the medical act - The score for health-related health services that can be reported to one or more insured persons regardless of type of related service by the specialist doctor who has requested them can not exceed 90 points in average daily, due to the one / persons providing them, except for the specialist pediatric psychiatrist for whom the score can not exceed 360 points on average per day.

9. Pregnancy and confinement surveillance services (see Part VIII, Article 49)

10. Acupuncture - Insured persons are entitled to a maximum of 2 counseling / cures / year for the insured (one consultation for each treatment cure). A cure represents an average of 10 days of treatment and an average of 4 procedures / day.

11. Medical services diagnostic - case: day hospitalization services, are given in outpatient clinic and are settled only if all mandatory services have been performed.

o Surveillance of a normal pregnancy (in pregnant women who do not have medical records demonstrating the existence in the pathological personal history of rubella, toxoplasmosis, CMV infection) * 1

o Surveillance of a normal pregnancy (in the case of pregnant women who have medical documents proving the existence of a personal history of rubella, toxoplasmosis, CMV infection) * 1)

o Prenatal screening (S11 - S19 + 6 days) * 2)

o Surveillance of other high-risk pregnancies (gestational edema) * 3)

o Surveillance of other high-risk pregnancies (mild pregnancy hystereasis) * 3)

o Surveillance of other high risk pregnancies (evaluation of pregnant uterus in 3rd trimester) * 3)

o Early detection of precancerous breast lesions * 4)

o Early detection of precancerous breast lesions with mammographically identified suspicion * 5)

o Early detection and diagnosis of dysplastic cervical lesions * 6)Early detection and diagnosis of dysplastic cervical lesions with cytology * 7)

o Early diagnosis of dysplastic cervical lesions - Performed by doctors of obstetrics and gynecology * 8)

o Excisional or ablative treatment of precancerous lesions of the cervix * 9) - It is performed by doctors in the specialty of obstetrics-gynecology

* 1) The services of items 1 and 2 can not be performed and reported simultaneously to a patient for a pregnancy. It contracts only with the obstetrics-gynecology specialty hospitals and with the other sanitary units with beds, which have in the structure of obstetrics-gynecology and neonatology departments or hierarchy compartments at level 3 or 2 according to the provisions of the Order of the Minister of Health no. 1881/2006 on the hierarchy of hospital units, sections and departments of obstetrics-gynecology and neonatology, with subsequent modifications and completions. A single package of medical services per pregnant woman is settled, as evidenced by the obstetric-gynecology specialist.

Where medical services corresponding to items 1 and 2 are granted during S11 - S19 + 6 days, they may be granted concurrently with the medical services corresponding to item 3.

* 2) Contracts only with the obstetrics-gynecology specialist hospitals and with the other sanitary units with beds, which have in the structure of obstetrics-gynecology and neonatology departments or hierarchy compartments at level 3 according to the provisions of the Order of the Minister of Health no. 1881/2006, as subsequently amended and supplemented.

A single package of medical services per pregnancy is settled between S11 - S19 + 6 days of pregnancy.

* 3) Contracts only with the obstetrics-gynecology specialist hospitals and with the other sanitary units with beds, which have in the structure of obstetrics-gynecology and neonatology departments or hierarchy compartments at level 3 or 2 according to the provisions of the Order of the Minister of Health no. 1881/2006, as subsequently amended and supplemented.

* 4) Eligibility criteria: Asymptomatic women in the 50-69 age group who:

1. have no confirmed breast cancer diagnosis;

2. are asymptomatic;

3. have no suggestive history of breast cancer pathology.

It is performed every two years by presenting to the specialist obstetric-gynecology specialist or general surgery for the early diagnosis of breast dysplasia. In case of a negative result, the investigation is repeated over 2 years.

The services of items 7 and 8 can not be performed and reported concurrently with a patient.

* 5) Eligibility Criteria: Asymptomatic women in the 50-69 age group with positive mammography results who:

1. have no confirmed breast cancer diagnosis;

2. are asymptomatic;

3. have no suggestive history of breast cancer pathology.

It is done once every two years by presenting to the specialist obstetrician gynecology or general surgery, for the early diagnosis of dysplasia of the breast. In case of a negative result, the investigation is repeated over 2 years.

The services of items 7 and 8 can not be performed and reported concurrently to a pacient.

* 6) Eligibility criteria: Asymptomatic women in the 35-64 age group for the early detection of dysplasia of the cervix and for women in the 25-34 age group, asymptomatic, with positive results in the cytological examination and who :

1. Do not have a confirmed diagnosis of cervical cancer;

2. are asymptomatic;

3. have no history of cervical cancer pathology.

It is done by presenting to the specialist obstetric-gynecology specialist.

In the case of a positive result in women aged 35-64, cytological triage is indicated.

In case of a negative result, it is repeated over 5 years.

Exclusion criteria: Women who:

1. presents the congenital absence of the cervix;

2. show complete hysterectomy for benign conditions;

3. Have established diagnosis of cervical cancer;

It is done by presenting to the specialist obstetric-gynecology specialist.

In the case of a positive result in women aged 35-64, cytological triage is indicated.

In case of a negative result, it is repeated over 5 years.

Exclusion criteria: Women who:

1. presents the congenital absence of the cervix;

2. show complete hysterectomy for benign conditions;

3. Have established diagnosis of cervical cancer;

4. have established diagnosis for other forms of genital cancer.

The services of items 9, 10 and 11 can not be performed and reported concurrently to a patient.

* 7) It is performed in women with a positive result in HPV testing.

The services of items 9, 10 and 11 can not be performed and reported concurrently to a patient.

* 8) It is performed in women with a positive result in cytology.

The services of items 9, 10 and 11 can not be performed and reported concurrently to a patient.

* 9) It is performed in women in the age group 25 - 64 years, with a positive result at the early examination of dysplastic lesions of the cervix from positions 9 and 10.

Medical assistance in the specialized ambulatory for the clinical specialty of physical and rehabilitation medicine

The basic medical package includes:

1. Specialized medical consultation - initial,

2. The reassessment consultation,

3. The series of specific physician and rehabilitation procedures established by the physician for recovery, physical medicine and balneology, given to an insured person, includes a maximum of 4 procedures / day of treatment.

The period for which the specific physical and rehabilitation procedures are granted is 21 days / year / provided for both children and adults except for children aged 0-18 with a confirmed diagnosis of cerebral palsy, when specific medical procedures are provided for physiotherapy and rehabilitation for a maximum of 42 days per year / insured, these periods may be divided into up to two fractions, depending on the basic condition at the recommendation of the physician in the field of physical medicine and rehabilitation.

For each series of specific procedures, an initial consultation and a reassessment consultation are provided.

For situations where an insured person is not recommended for a number of specific recovery procedures, physical medicine and balneology, 3 consultations / quarter are given for the same condition.

Dental care

The dental health care package - the services for which it is foreseen the range to be granted are:

- a single consultation is given over a 12-month period for an insured person over the age of 18 and a 6-month consultation for children under the age of 18,

- The arcade mobilizer acrylic is given once every 4 years,

- Prosthesis repair, prosthesis rebasing - is given once a year,

- sealing / tooth - a 2 year settled procedure.

Medicines with and without personal outpatient contribution

Periods for which medications can be prescribed are up to 7 days in acute conditions, from 8 to 10 days in underactive conditions and up to 30/31 days - 90/91/92 days for patients with chronic conditions. The period for which prescription drugs may be prescribed for cost-volume / cost-volume-result contracts is up to 30-31 days.

For chronic diseases, physicians may prescribe to an insured person with and without personal contribution, subject to the following conditions:

(a) for Substrates A, B and D - a prescription / multiple monthly prescriptions not exceeding in cumulative 7 different medications on all one month's prescriptions. The total amount of drugs in Sublist B, calculated at the reference price level, is up to 330 lei per month;

(b) if, in a month, a medicine of sublist B marked #, with a maximum treatment value per month, calculated at the reference price level, greater than 330 lei, is not prescribed in the month and other medicines in Sub-List B;

(c) for pensioners with pension incomes and social allowance for pensioners, up to 1.139 lei / month inclusive, regardless of whether or not they make other income, the provisions of subsection a) and b); they may benefit from a prescription / multiple monthly prescriptions that do not cumulatively exceed 7 medicines in Subparts A, B and D; in this situation, for a maximum of 3 medicines in Sublist B, with a reference price of up to 330 lei per month / prescription, a single separate prescription with 90% offset of the reference price is made;

(d) for sublot C section C1 - for each disease code, one prescription / maximum two monthly prescriptions, with a maximum of 3 drugs;

(e) for sub-list C section C3 - a single monthly prescription with up to 4 medicines.

From 1 October 2020, for chronic diseases, doctors may prescribe to an insured person medicines with and without personal contribution, subject to the following conditions:

a) for sublists A, B and D - one prescription / several prescriptions per month, not to cumulatively exceed 7 different medicines on all prescriptions related to a month. The total value of the medicines from sublist B, except for those from sublist B that are the object of cost-volume contracts, calculated at the level of the reference price, is up to 330 lei per month;

b) in case a medicine from sublist B marked with # is prescribed in a month, with a maximum value of the treatment for a month, calculated at the level of the reference price, higher than 330 lei, it is no longer prescribed in the month and other medicines in sub-list B; the exception is the situation in which in a month is prescribed a medicine from sublist B marked with # which is the subject of cost-volume contracts, with a maximum value of treatment for a month, calculated at the reference price higher than 330 lei, situation in which other drugs from sublist B may be prescribed in the respective month, under the conditions provided in let. a);

c) a single distinct prescription with compensation 90% of the reference price, for a maximum of 3 drugs from sublist B whose equivalent value at the level of the reference price is up to 330 lei per month / prescription, for pensioners with income from pensions and social allowance for retirees up to 1,299 lei / month inclusive, regardless of whether or not they earn other incomes; for the difference up to the maximum number of 7 drugs that can be prescribed from sublists A, B and D, the regulations from letter a) and b);

d) for sublist C section C1 - on each disease code, one prescription / maximum two prescriptions per month, with maximum 3 drugs;

e) for sublist C section C3 - one prescription per month, with a maximum of 4 drugs.

By way of exception, in the case of the medicinal products listed in Table II of the Annex to the Law no. 339/2005 on the legal regime of narcotic, psychotropic, narcotic and psychotropic substances and preparations, as subsequently amended and supplemented, several prescriptions may be issued to the same insured according to the legal regulations in force.

Hospital care services are provided to insured persons until healing.

In the sanatoriums the lengths of hospitalization are:

Physical and rehabilitation services - 14 - 21 days / year / insured provided in a single episode comprising at least 4 procedures / day for at least 5 days / week.

The medical rehabilitation services provided in sanatoriums other than balneary sanatoriums and preventers are services provided in hospitalization for periods and according to a rate established by specialized doctors operating in these units

II - 10. Suspension of Benefit

Article 69. C102, Article 68. ECSS

A benefit to which a person protected would otherwise be entitled in compliance with any of Parts II to X of this Convention may be suspended to such extent as may be prescribed:

(a) as long as the person concerned is absent from the territory of the Member;

(b) as long as the person concerned is maintained at public expense, or at the expense of a social security institution or service, subject to any portion of the benefit in excess of the value of such maintenance being granted to the dependants of the beneficiary;

(c) as long as the person concerned is in receipt of another social security cash benefit, other than a family benefit, and during any period in respect of which he is indemnified for the contingency by a third party, subject to the part of the benefit which is suspended not exceeding the other benefit or the indemnity by a third party;

(d) where the person concerned has made a fraudulent claim;

(e) where the contingency has been caused by a criminal offence committed by the person concerned;

(f) where the contingency has been caused by the wilful misconduct of the person concerned;

(g) in appropriate cases, where the person concerned neglects to make use of the medical or rehabilitation services placed at his disposal or fails to comply with rules prescribed for verifying the occurrence or continuance of the contingency or for the conduct of beneficiaries;

Insured persons are required to pay a monthly health insurance contribution. In case of non-compliance, these persons benefit from medical services within a minimum package of medical services, according to the provisions of Law no.95 / 2006, republished, as further completed and amended.

According to the provisions of Law no. 95/2006, republished, as further completed and amended~~as subsequently amended and supplemented~~, the documents certifying the quality of insured are:

• the national health insurance card,

• the insured certificate with a validity of 3 months, for persons who expressly refuse, for religious or conscience reasons, the receipt of the national card,

• the insured certificate issued by the insurance house to which the insured person is registered,

• the documents provided in art. 223 par. (1) of the Law no. 95/2006 republished, as further completed and amended~~as subsequently amended and supplemented~~ (the insured certificate issued by the care of the insurance company to which the insured person is registered or the document resulting from the access by the providers in contractual relations with the health insurance houses of the electronic instrument provided by NHIH).

Insured persons who have not been issued with the national health insurance card may benefit from medical services without presenting it.

According to the provisions of art. 342 and 343 of Law no. 95/2006, republished, as further completed and amended~~as subsequently amended and supplemented~~, the insured persons over the age of 18 have the obligation to present the national health insurance card, or the documents mentioned above, as the case may be.

RF/C102/ECSS: please indicate the provisions, if any, for the suspanesion of the medical benefits reffred to in Article 10, under each scheme or schemes concerned.

- The persons who are obliged to pay the social health insurance contribution, as well as the way of setting, the deadlines for declaring and paying the contribution are stipulated in the Law no. 227/2015 regarding the Fiscal Code, as subsequently supplemented or amended.

ART. 222

(1) According to the present law, the insured persons are:

a) all Romanian citizens domiciled or residing in the country;

b) foreign citizens and stateless persons who have applied for and have obtained the right to temporary stay or have their domicile in Romania;

(3) The persons referred to in paragraph (1) falling within the category of those who make the incomes provided under art. 155 par. (1) lit. b) - h), as well as for the ones stipulated in art. 180 of Law no. 227/2015, as subsequently supplemented or amended, acquire the quality of insured in the social health insurance system and have the right to the basic package from the date of filing the declaration, stipulated in art. 147 par. (1) or art. 174 par. (3) of the Law no. 227/2015, as subsequently supplemented or amended, as the case may be. (4) For the persons mentioned in par. (1) who fall within the category of those who have the status of taxpayers to the social health insurance system, according to the Law no. 227/2015, as subsequently supplemented or amended and which did not pay the contribution to the fund within the time limits provided by the same law, the outstanding amounts are recovered by A.N.A.F. in accordance with the law, including fiscal tax liabilities due for tax receivables.

(5) The insured and the insurance rights cease:

b) for the persons mentioned in par. (1) lit. b) with the loss of the right of residence in Romania, as well as under the conditions of art. 267 par. (2) - (2 ^ 2), as the case may be;

c) for the persons referred to in par. (1) lit. c) with the loss of the right of residence in Romania, for a period of more than 3 months, as well as under the conditions of art. 267 par. (2) - (2 ^ 2), as the case may be;

d) for the persons mentioned in par. (1) lit. d), together with the loss of the status of frontier worker, and under the conditions of art. 267 par. (2) and (2 ^ 2) as appropriate.

(6) The supporting documents regarding the acquisition of the quality of the insured shall be established by an order of the CNAS president.

ART. 224*)

(1) The following categories of persons benefit from the insurance, without payment of the contribution, under the conditions of art. 154 of Law no. 227/2015, as subsequently supplemented or amended:

b) young people under the age of 26 coming from the child protection system;

(c) the spouse, the spouse and the parents without own income, who are dependent on an insured person;

e) persons with disabilities, for the incomes obtained under Law no. 448/2006 on the protection and promotion of the rights of disabled persons, republished, as subsequently supplemented or amended;

f) patients with diseases included in the national health programs established by the Ministry of Health, until the healing of the respective condition;

g) Pregnant women and women lately confined;

k) persons receiving unemployment benefit or, as the case may be, other social protection rights provided from the unemployment insurance budget, according to the law;

m) natural persons benefiting from social aid according to the Law no. 416/2001 on the minimum guaranteed income, as subsequently supplemented or amended;

n) natural persons who have the status of pensioners, pension revenues, and income from intellectual property rights;

o) Romanian citizens who are victims of trafficking in human beings for a maximum of 12 months;

p) the monastic staff of the recognized denominations, in the records of the State Secretariat for Cults;

(1 ^ 1) Persons who have acquired the quality of insured under para. (1) lit. c) and q) can not themselves be co-insured.

Access to basic services packages for all medical care, medicines and medical devices ceases in the situations provided by art. 222 par. (5) of the Law no. 95/2006 on the health reform, republished, as subsequently supplemented or amended and the non-observance of the obligation to pay the contribution to health social insurance under the conditions of Law no. 227/2015, as subsequently supplemented or amended.

Persons who do not prove the quality of insured benefit from medical services within a minimal package of medical services, according to the provisions of Law no. 95/2006, republished, as further completed and amended, which includes: health care services, medicines and sanitary materials only in the case of medical and surgical emergencies and diseases with endemoepidemic potential, monitoring of pregnancy and lactation, family planning services, prevention and care services of Community health care in the following assistance:- primary care- specialized ambulatory for clinical specialties,- specialized dentistry ambulatory,- hospital care.

2019 CEACR’s conclusions - Pending

Part II (Medical care), Article 10(1) in conjunction with Article 68 of the Code; Part VIII (Maternity benefits), Article 49 of the Code. Reduction of medical care. The Committee notes the information provided by the Government in the consolidated report, which indicates that, according to the provisions of Law No. 95/2006, insured persons with income are required to pay a monthly health insurance contribution amounting to 10 per cent of their earnings. Those who are not in compliance are not entitled to the basic package of medical services, but only to a minimum medical package of emergency and public health related care. This does not only apply in situations where no contributions have been deducted by the employer, but also in situations not attributable to employees, where contributions have been deducted from wages but not transferred to the National Health Insurance Fund (CNAS), i.e. where it is the employer only who fails to fulfil his or her obligation to their employees and to the social insurance institutions. The Committee notes that, in such cases, the Law provides for sanctions to be imposed on the employer. The Committee observes that this does not alter the fact that the non-payment of contributions also affects the entitlement of workers to full medical care and, in this connection, points out once again that workers’ social security rights cannot depend on whether or not their employer fulfils his or her obligations. Recalling the 2018 and 2019 resolutions of the Committee of Ministers, the Committee once again requests the Government to take measures to ensure that the National Health Insurance Fund does not reduce medical care benefits to the minimum package with respect to the persons whose employers have failed to pay their health insurance contributions to the Fund in particular where this happened without the consent or connivance of, or is attributable to any negligence on the part of the insured person in respect of whom the contribution is payable.

Please provide a reply to the Committee’s request.

According to the provisions of art. 27 para. (1) of Government Ordinance no. 86/2003, with subsequent amendments and completions, starting with January 1, 2004, the activity regarding the declaration, ascertainment, control, collection and settlement of appeals for the social insurance contribution, the unemployment insurance contribution, the social health insurance contribution and the contribution for accidents at work and occupational diseases, as well as other contributions due by legal persons and natural persons who have the status of employer or entities assimilated to the employer, hereinafter referred to as social contributions, are made by the Ministry of Public Finance and its subordinate units, which they also have the quality of budgetary creditor.

In accordance with the provisions of the Government Emergency Ordinance no. 125/2011 for the amendment and completion of Law no. 571/2003 on the Fiscal Code, with subsequent amendments and completions, starting with July 1, 2012, the competence to administer the mandatory social contributions due by individuals belonged to the National Agency for Fiscal Administration.

2020 CEACR’s conclusions – Pending

Part II (Medical care), Article 10(1) and Part VIII (Maternity benefits), in conjunction with Article 68 of the Code. Reduction of medical care. In its previous comments, the Committee requested the Government to take measures to ensure that the National Health Insurance Fund did not reduce medical care benefits to the minimum package for protected persons whose employers had failed to pay the health insurance contributions due on their behalf to the Fund, in particular where this happened without the consent or connivance of the person concerned, or due to his or her negligence. The Committee notes that the only indication provided by the Government in its reply on this matter is that the competence and responsibility for the correct collection of contributions lies with the Ministry of Public Finances and the National Agency for Fiscal Administration.

Recalling that it has been raising this issue since 2017, the Committee urges the Government to take the necessary measures to ensure that the full entitlement of protected persons to medical care benefits, including maternity medical care benefits, under Parts II and VIII of the Code, is maintained in its entirety, regardless of the failure by their employer to fulfil its obligation to deduct and remit the health insurance contributions due on their behalf to the National Health Insurance Fund, in particular when this happened without the consent or connivance of the insured persons concerned, or when it is not attributable to negligence from their part.

Please provide a reply to the Committee’s request.

Ø Regarding the revenues included in the Budget of the Single National Health Insurance Fund, there was an increase in the amounts collected by 2.1 billion lei in addition to the first semester of 2020, the degree of realization of the program resulting from the annual budget law being 101.9%.

As for the controls performed by the control bodies of the National Agency for Fiscal Administration, they are performed on the basis of risk analysis, which allows the identification of both non-compliance areas and taxpayers with real risk of non-compliance, which leads to actions of targeted fiscal control over those taxpayers identified as at risk of non-compliance. This way of investigating inappropriate tax behavior increases the efficiency of revenue collection in the general consolidated budget.

Thus, by way of example, the situation regarding the amounts additionally established, as a result of the fiscal inspections in the social security contribution account, in the period 2019 - sem I 2021, shows as follows:

Year Additional amounts of the social insurance contribution (billion lei)

2019 314,030,471

2020 465,751,475

2021 330,569,667 (I^st semester)

Total 1,110,351,613

At the National Agency for Fiscal Administration level, studies and analyzes are permanently performed in order to estimate the fiscal gap (tax gap) at the level of mandatory social contributions.

Ø According to art. 222 para. (2) of Law no. 95/2006, republished, as further as further completed and amended, the quality of insured in the social health insurance system and the right to the basic package is granted from the date of starting the employment / service relations.

At the same time, through art. 267 para. (2) of the same normative act, for the employed persons, the quality of insured ceases within 3 months from the date of termination of the employment / service relations.

Therefore, the acquisition of the quality of insured is not conditioned by the payment of the social health insurance contribution by the employer, as the employee acquires the quality of insured from the date of starting the employment / service relations with the employer and loses this quality only after a period of 3 months. from the date of termination of employment / service relations.

II - 11. Right of complaint and appeal

Article 70. C102, Article 69. ECSS

1. Every claimant shall have a right of appeal in case of refusal of the benefit or complaint as to its quality or quantity.

2. Where in the application of this Convention (Code) a government department responsible to a legislature is entrusted with the administration of medical care, the right of appeal provided for in paragraph 1 of this article may be replaced by a right to have a complaint concerning the refusal of medical care or the quality of the care received investigated by the appropriate authority.

3. Where a claim is settled by a special tribunal established to deal with social security questions and on which the persons protected are represented, no right of appeal shall be required.

According to Article 451 of Law No 95/2006, republished, as further completed and amended, in case of benefit rejection or benefit type or amount contestation, the insured individuals are entitled to lodge a complaint to the College where the relevant physician is member, and if such complaint is rejected, the insured individual may submit a complaint to a court of law.

II - 12. Financing and Administration

Article 71. C102, Article 70. ECSS

See under Part XIII-3. Common provisions.

Article 72. C102, Article 71. ECSS

1. The Member (Contracting Party) shall accept general responsibility for the proper administration of the institutions and services concerned in the application of the Convention (Code).

2. Where the administration is not entrusted [to an institution regulated by the public authorities or – C102] to a Government department responsible to a legislature, representatives of the persons protected shall participate in the management, or be associated therewith in a consultative capacity, under prescribed conditions; national laws or regulations may likewise decide as to the participation of representatives of employers and of the public authorities.

According to the provisions of Law No 95/2006, republished, as further completed and amended, the social health insurance system is the main fund financing the population health condition protection that ensures the access of the insured persons to a basic medical services package.

Other forms of health insurances can be effective in special situations. These insurances are not mandatory and can be provided voluntarily by insurance bodies certified according to the law.

The voluntary health insurance does not exclude the duty to pay the contribution for the social health insurance.

Database of the MISSOC:

Decentralisation and autonomy in the administration of the Health Insurance Fund.

There is free competition between providers dealing with contracts with the health insurance houses.

The official website of the National Health Insurance House:

NHIF 's mission is to provide a system of health insurance modern and efficient, placed permanently in the public interest and the insured, which aims to improve the health of the population.

NHIF operates under its own statute and must:

· Provide logistics for the unitary and coordinated functioning of the system of social health insurance;

· pursue the collection and efficient use of the Fund;

· use appropriate means of media representation, information and support the interests of policyholders they represent;

· to meet the needs of health services of persons within the limits of available funds.

Part III. Sickness Benefit

Romania has accepted the obligations resulting from C24, Part III of C102 and Part III of the ECSS.

Category	Information available	Information missing / questions raised by the CEACR
III-1. Regulatory framework	Art.13 C102/ECSS Art.1 C24
III-2. Contingencies covered	Art.14 C102/ECSS
III-3. Persons protected	Art.15 C102/ECSS * Art.2(1) C24
III-4. Level and Calculation of benefit	Art.16 C102/ECSS*
III-5. Qualifying period	Art.17 C102/ECSS, Art.3(2) C24
III-6. Minimum duration of benefit	Art.18 C102/ECSS, Art.3(1,2) C24
III-7. Suspension of benefit	Art.69 C102, Art.68 ECSS Art.3(3,4) C24
III-8. Right of complaint and appeal		Art.70 C102, Art.69 ECSS Art.9 C24
III-9. Financing and Administration	Art.72 C102 Art.71 ECSS	Art.71 C102, Art.70 ECSS* Art.6,7 C24

* Please update statistical data, in accordance with the Report form for C102/ECSS.

List of applicable legislation

· Government Emergency Ordinance No 158/2005 on the medical leaves and health insurance benefits, with the subsequent amendments and supplements (initial form published in the Official Gazette No 1074 of November 29^th, 2005), as further completed or amended;

· Law No 227/2015 on the Fiscal Code, as further completed and amended;

· Government Decision No 1/2016 approving the Methodological Norms for the implementation of Law No 227/2015 on the Fiscal Code, as further completed and amended.

III - 1. Regulatory framework

Article 1. C24

Each Member of the International Labour Organisation which ratifies this Convention undertakes to set up a system of compulsory sickness insurance which shall be based on provisions at least equivalent to those contained in this Convention.

Article 13. C102 and ECSS

Each Member (Contracting Party) for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of sickness benefit in accordance with the following Articles of this Part.

MISSOC Database:

Basic principles.

Compulsory social insurance scheme for employees and self-employed providing an earnings-related benefit.

III - 2. Contingency covered

Article 14. C102 and ECSS

The contingency covered shall include incapacity for work resulting from a morbid condition and involving suspension of earnings, as defined by national laws or regulations.

III - 3. Persons protected

§1. Article 2. C24

The compulsory sickness insurance system shall apply to manual and non-manual workers, including apprentices, employed by industrial undertakings and commercial undertakings, out-workers and domestic servants.

Article 15. C102 and ECSS

The persons protected shall comprise:

(a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or

(b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents; or

(c) all residents whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.

A. Please state to which of the sub‑paragraphs of this Article recourse is had.

B. Please indicate the classes of persons protected in accordance with the provisions of this Article, unless

recourse is had to sub‑paragraph (c).

C. Please furnish statistical information under this Article, as follows:

i. if recourse is had to sub‑paragraph (a), in the form set out in Title I under Article 74 below; or

ii. if recourse is had to sub‑paragraph (b), in the form set out in Title II under Article 74 below; or

iii. if recourse is had to sub‑paragraph (c), in the form set out in Title IV under Article 74 below.

D. If recourse is had to Article 6 above (voluntary insurance) for all or any of the schemes concerned, please furnish information under this Article in the form set out under Article 6.

Within the social insurance system, to the leave allowance and health security benefits is applicable the sub-paragraph b) of Article 15 of C102 and the ECSS.

According to the legal provisions in force since 01.01.2018, the persons protected under this article are insured persons, Romanian citizens, foreign citizens or stateless persons, who, according to the law, reside in Romania, in particular:

- individuals who earn income from an activity based on an individual employment contract, service report, posting or statutory status, as well as other income assimilated to salaries (both private and public employees from the budget environment);

- individuals receiving unemployment benefit, according to the law;

- individuals, other than employees, who can insure themselves in the social health insurance system in order to benefit from holidays and sickness insurance benefits, based on an insurance contract for holidays and social health insurance indemnities.

III - 4. Level and Calculation of Benefit

Article 16. C102 and ECSS

1. Where classes of employees or classes of the economically active population are protected, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66.

2. Where all residents whose means during the contingency do not exceed prescribed limits are protected, the benefit shall be a periodical payment calculated in such a manner as to comply with the requirements of Article 67; [provided that a prescribed benefit shall be guaranteed, without means test, to the prescribed classes of persons determined in accordance with Article 15. a or b - ECSS].

A. If recourse is had to sub‑paragraphs (a) or (b) of Article 15 for determining the persons protected please state whether recourse is had, for the calculation of the benefit, to the provisions of Article 65 or to those of Article 66.

Please furnish information under this Article as follows:

i. if recourse is had to Article 65, in the form set out in Titles I, II, and V under Article 65 below;

ii. if recourse is had to Article 66, in the form set out in Titles I, II and V under Article 66 below.

B. If, under Article 15, recourse is had to sub‑paragraph (c) for determining the persons protected please furnish under this Article information in the form set out in Titles I and II under Article 67 and in Title I under Article 66 below.

If recourse is had to sub‑paragraph (d) of Article 67 please furnish information in the form set out in the different Titles under Article 67 below.

C. Please state what measures are taken to guarantee, without means test, a prescribed benefit to the prescribed classes of persons determined in accordance with Article 15 (a) or (b).

The Government applies Article 65 of C102/ECSS.

The calculation basis of the indemnity is established as an average monthly income during the past six months of 12 which represents the qualifying period, up to the limit of 12 national minimum wages, used to calculate the contribution for leaves of absence and indemnities.

The gross amount of the monthly indemnity for temporary labour incapacity is established by a 75% application at the mentioned calculation base.

The gross monthly amount of the maternity allowance, as well as of the allowance for the care of the sick child is 85% of the calculation base.

The gross amount of the monthly indemnity for temporary labour incapacity, caused by tuberculosis, AIDS, cancer, malignant illness or infectious diseases from group A and surgical emergency is 100% of the calculation basis.

The gross amount of the monthly indemnity for quarantine or isolation allowance represents 100% of the calculation basis.

III - 5. Qualifying period

§2. Article 3. C24

The payment of this benefit may be made conditional on the insured person having first complied with a qualifying period and, on the expiry of the same, with a waiting period of not more than three days.

Article 17. C102 and ECSS

The benefit specified in Article 16 shall, in a contingency covered, be secured at least to a person protected who has completed such qualifying period as may be considered necessary to preclude abuse.

Please state, for each scheme concerned, the length of the qualifying period which has been considered necessary to preclude abuse. Please summarise the rules concerning the computation of the qualifying period.

§1(f) Article 1. C102, §1(i) Article 1. ECSS

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

The insurance period in the health insurance system is obtained by summing the periods for which the contribution for medical leave allowance and indemnities is paid by the employer or insured individual, as the case may be.

The minimum insurance period entitling to rights is 6 months of insurance

during the last 12 months previous to the month of medical leave.

The insured individuals shall be entitled to medical leave and indemnities for temporary work incapacity without meeting the mandatory insurance period requirement in case of medical – surgical emergencies, tuberculosis, infectious-contagious diseases of group A, neoplasia and HIV, as well as in the case of infectious diseases for which the isolation measure provided in art. 8 para. (1) of Law no. 136/2020 on the establishment of measures in the field of public health in situations of epidemiological and biological risk.

III - 6. Minimum duration of Benefit

§1§2. Article 3. C24

1. An insured person who is rendered incapable of work by reason of the abnormal state of his bodily or mental health shall be entitled to a cash benefit for at least the first twenty-six weeks of incapacity from and including the first day for which benefit is payable.

2. The payment of this benefit may be made conditional on the insured person having first complied with a qualifying period and, on the expiry of the same, with a waiting period of not more than three days.

Article 18. C102 and ECSS

The benefit specified in Article 16 shall be granted throughout the contingency, except that the benefit may be limited to 26 weeks in each case of sickness, [in which event it – C102] [and - ECSS] need not be paid for the first three days of suspension of earnings.

1. Please state, for each scheme concerned, whether the duration of sickness benefit is limited and, if so, specify the limit or limits fixed and indicate how they are determined. Please state whether a waiting period is provided for and, if so, indicate the length of such period and the rules concerning its computation.

2. Please indicate, with reference to Article 68 below, the provisions, if any, for the suspension of sickness benefit under the scheme or schemes concerned.

The period of the temporary labour incapacity is 90 days from the first day of incapacity, which can be extended with the endorsement of the expert physician of the social securities, up to 183 days in one year, calculated from the first day of the illness. In justified cases, the possibility to recover the labour capacity, the medical leave can be extended beyond the 183 days up to 90 days.

For some cases (special illnesses foreseen by the law) the period of the leave of absence and indemnities is higher (cardiovascular diseases, malignant illness, tuberculosis, cancer, AIDS, etc. – Article 13, paragraph (3) of EGO no. 158/2005, with the subsequent amendments and supplements).

III - 7. Suspension of benefit

§3§4. Article 3. C24

3. Cash benefit may be withheld in the following cases:

(a) where in respect of the same illness the insured person receives compensation from another source to which he is entitled by law; benefit shall only be wholly or partially withheld in so far as such compensation is equal to or less than the amount of the benefit provided by the present Article;

(b) as long as the insured person does not by the fact of his incapacity suffer any loss of the normal product of his labour, or is maintained at the expense of the insurance funds or from public funds; nevertheless, cash benefits shall only partially be withheld when the insured person, although thus personally maintained, has family responsibilities;

(c) as long as the insured person while ill refuses, without valid reason, to comply with the doctor's orders, or the instructions relating to the conduct of insured persons while ill, or voluntarily and without authorisation removes himself from the supervision of the insurance institutions.

4. Cash benefit may be reduced or refused in the case of sickness caused by the insured person's wilful misconduct.

Article 69. C102, Article 68. ECSS

A benefit to which a person protected would otherwise be entitled in compliance with any of Parts II to X of this Convention may be suspended to such extent as may be prescribed--

(a) as long as the person concerned is absent from the territory of the Member;

(d) where the person concerned has made a fraudulent claim;

(e) where the contingency has been caused by a criminal offence committed by the person concerned;

(f) where the contingency has been caused by the wilful misconduct of the person concerned;

Payment of indemnities shall cease on the day next to that on which:

a) the beneficiary deceased;

b) the beneficiary does no longer meet the legal requirements for being entitled to indemnities;

c) the beneficiary established its residence on the territory of another State not having a social security convention concluded with Romania;

d) the beneficiary established its residence on the territory of another State having a social security convention concluded with Romania, which provides for the payment of such indemnities by the other State in question.

III - 8. Right of complaint and appeal

Article 9. C24

A right of appeal shall be granted to the insured person in case of dispute concerning his right to benefit.

Article 70. C102, Article 69. ECSS

1. Every claimant shall have a right of appeal in case of refusal of the benefit or complaint as to its quality or quantity.

3. Where a claim is settled by a special tribunal established to deal with social security questions and on which the persons protected are represented, no right of appeal shall be required.

RF/C102/ECSS: please state whether every claimant has a right of appeal in case of refusal of the sickness benefit or campliant as to its quality and quantity. Please summarise the rules which apply in the case of an appleal.

III - 9. Financing and Administration

Article 6. C24

1. Sickness insurance shall be administered by self-governing institutions, which shall be under the administrative and financial supervision of the competent public authority and shall not be carried on with a view of profit. Institutions founded by private initiative must be specially approved by the competent public authority.

2. The insured persons shall participate in the management of the self-governing insurance institutions on such conditions as may be prescribed by national laws or regulations.

3. The administration of sickness insurance may, nevertheless, be undertaken directly by the State where and as long as its administration is rendered difficult or impossible or inappropriate by reason of national conditions, and particularly by the insufficient development of the employers' and workers' organisations.

The official website of the National Health Insurance House: www.cnas.ro

RF/C24:

1. Please indicate the constitution and functions of the self-governing institutions entrusted with the administration of sickness insurance.

2. Please indicate the constitution and functions of the authorities entrusted with the administrative and financial supervision of such self-governing institutions.

3. Please indicate the conditions under which the insured persons are enabled to participate in the management of the self-governing insurance institutions, stating in particular the proportion of seats or of votes assigned to them in the organs of these self-governing institutions.

Article 7. C24

1. The insured persons and their employers shall share in providing the financial resources of the sickness insurance system.

2. It is open to national laws or regulations to decide as to a financial contribution by the competent public authority.

RF/C24:

1. Please indicate the conditions under which the insured persons and their employers must share in providing the financial resources of the sickness insurance system.

2. Please state whether the national legislation provides for a financial contribution by the competent public authority.

Article 3 of GEO no.158 / 2005

The right to sickness leave and sickness benefits, to which insured persons who earn salary or salary income are entitled, is subject to the payment of the labor insurance contribution intended to cover these allowances, regulated by the Fiscal Code. Persons receiving unemployment benefit, according to the law, are insured in the social health insurance system for holidays and social health insurance indemnities without a contribution. The entitlement to sickness leave and sickness benefits to which insured persons are entitled under an insurance contract for sickness and maternity leave is subject to the payment of a contribution to leave holidays and allowances of 1%, applied to the chosen monthly income included in the insurance contract, which is made to the budget of the National Social Health Insurance Fund.

Article 71. C102, Article 70. ECSS

1. The cost of the benefits provided in compliance with this Convention (Code) and the cost of the administration of such benefits shall be borne collectively by way of insurance contributions or taxation or both in a manner which avoids hardship to persons of small means and takes into account the economic situation of the Member (Contracting Party) and of the classes of persons protected.

2. The total of the insurance contributions borne by the employees protected shall not exceed 50 per cent of the total of the financial resources allocated to the protection of employees and their wives and children. For the purpose of ascertaining whether this condition is fulfilled, all the benefits provided by the Member (Contracting Party) in compliance with this Convention (Code), except family benefit and, if provided by a special branch, employment injury benefit, may be taken together.

3. The Member (Contracting Party) shall accept general responsibility for the due provision of the benefits provided in compliance with this Convention (Code), and shall take all measures required for this purpose; it shall ensure, where appropriate, that the necessary actuarial studies and calculations concerning financial equilibrium are made periodically and, in any event, prior to any change in benefits, the rate of insurance contributions, or the taxes allocated to covering the contingencies in question.

Article 72. C102, Article 71. ECSS

1. The Member (Contracting Party) shall accept general responsibility for the proper administration of the institutions and services concerned in the application of the Convention (Code).

See under Part II-12. Medical Care. Financing and Administration, under Part XIII-3. Common provisions.

Part V. Old-age Benefit

Romania has accepted the obligations resulting from Part V of C102 and Part V of the ECSS.

Category	Information available	Information missing / questions raised by the CEACR
V-1. Regulatory framework	Art.25 C102/ECSS
V-2. Contingency covered	Art.26 C102/ECSS
V-3. Persons protected	Art.27 C102/ECSS*
V-4. Level and calculation of benefit		Art.28 C102/ECSS*
V-5. Adjustment of benefit		Art.65(10),66(8) C102/ECSS
V-6. Qualifying period	Art.29 C102/ECSS
V-7. Duration of benefit	Art.30 C102/ECSS
V-8. Suspension of benefit	Art.69 C102, Art.68 ECSS
V-9. Right of complaint and appeal	Art.70 C102, Art.69 ECSS
V-10. Financing and Administration	Art.72 C102 , Art.71 ECSS	Art.71 C102, Art.70 ECSS*

* Please update statistical data, in accordance with the Report form for C102/ECSS.

List of applicable legislation on the public pension scheme:

§ Law no. 263 of 16 December 2010on the Unitary System of Public Pensions, with subsequent amendments and completions;

§ Government Decision no. 257 of 20 March 2011 for approving the Norms for the enforcement of the provisions of Law no. 263/2010 on the Unitary System of Public Pension, with subsequent amendments and completions;

§ Law no. 196 of 29 May 2009 for the approval of Government Emergency Ordinance no. 6/2009 on the establishment of the guaranteed minimum social pension;

§ Constitutional Court Decision no. 632/2018, published in the Official Journal no. 995 of 26 November 2018;

§ ~~Government Emergency Ordinance no.114 of 28 December 2018~~ ~~published in the Official Journal no. 1116 of 29 December 2018 , with subsequent amendments and completions.~~

§ Law no. 127/2019 on public pension system, published in the Official Journal no. 563 of July 9, 2019, with subsequent amendments and completions;

§ Law no. 6/2020 on the state social insurance budget for 2020, published in the Official Journal no. 3 of January 6, 2020;

§ Law no. 16/2021 on the state social insurance budget for 2021, published in the Official Journal no. 238 of March 9, 2021;

§ Constitutional Court Decision no. 702/2019, published in the Official Journal no. 96 of February 10, 2020.

§ Government Emergency Ordinance no.114 of 28 December 2018 on setting certain measures in the field of public investments and certain fiscal-budgetary measures, amendment and completion of certain normative acts and on certain deadlines extension, published in the Official Journal no. 1116 of 29 December 2018 , with subsequent amendments and completions;

§ Government Emergency Ordinance no.135 of 18 August 2020 on the state budget rectification for the year 2020, the amendment of some normative acts and on setting of some budgetary measures, published in the Official Journal no. 751 of 18 August 2020, with subsequent amendments and completions;

§ Government Emergency Ordinance no.163 of 24 September 2020 on supplementing art. 159 of Law no. 263/2010 on the unitary public pension system, as well on adopting some measures concerning individuals insurance within the public pension system, published in the Official Journal no. 883 of 28 September 2020;

List of applicable legislation on special pension schemes:

§ Law no. 223 of 4 July 2007 regarding the status of civil aeronautical professional civil aviation in Romania, with subsequent amendments and completions;

§ Law No. 94 of 8 September 1992, republished, on the organization and functioning of the Court of Auditors, with subsequent amendments and completions;

§ Law No. 216 of 21 July 2015on pensions granted to the members of Romania's diplomatic and consular corps;

§ Law No. 7 of 11 January 2006, republished, regarding parliamentary civil servant’s status, with subsequent amendments and completions;

§ Law No. 567 of 9 December 2004on the status of specialized auxiliary personnel in courts and prosecutors' offices attached to them and the staff that works at the National Institute of Forensic Expertise, as amended and completed;

§ Law No. 303 of 28 June 2004on the status of judges and prosecutors, republished, with the subsequent amendments and completions;

§ Law No. 47 of May 1992 on the organization and functioning of the Constitutional Court, with the subsequent amendments and completions.

§ Law No. 223 of 24 July 2015on the state military pensions, with the subsequent amendments and completions.

List of applicable legislation on other regulations on retirement conditions:

· Law no. 1 of 5 January 2011 – Law of national education, with the subsequent amendments and completions;

§ Law no. 95 of 14 April 2006on healthcare reform, with the subsequent amendments and completions;

§ Government Emergency Ordinance no. 144 of 28 October 2008 on the exertion of the profession of nurse, midwife and medical assistant, as well as the organization and functioning of The Order of the Nurses, Midwives and Medical Assistants in Romania, with the subsequent amendments and completions;

§ Law no. 319 of 8 July 2003 on the Statute of Research and Development Staff, with the subsequent amendments and completions.

V - 1. Regulatory framework

Article 25. C102 and ECSS

Each Member (Contracting Party) for which this part of this Convention (Code) is in force shall secure to the persons protected the provision of old‑age benefit in accordance with the following Articles of this Part.

Database of the MISSOC:

Basic principles.

Romania’s pension system is based on a compulsory social insurance (PAYG) scheme, with defined-benefits, financed by contributions, covering employees and self-employed, and providing earnings-related pensions depending on the length of contribution period and the level of earnings to which the contributions were paid.

V - 2. Contingency covered

Article 26. C102 and ECSS

1. The contingency covered shall be survival beyond a prescribed age.

2. The prescribed age shall be not more than 65 years or such higher age [that the number of residents having attained that age is not less than 10 per cent of the number of residents under that age but over 15 years of age - ECSS] as may be fixed by the competent authority with due regard to the working ability of elderly persons in the country concerned

3. National laws or regulations may provide that the benefit of a person otherwise entitled to it may be suspended if such person is engaged in any prescribed gainful activity or that the benefit, if contributory, may be reduced where the earnings of the beneficiary exceed a prescribed amount and, if non-contributory, may be reduced where the earnings of the beneficiary or his other means or the two taken together exceed a prescribed amount.

Please state, for each scheme concerned the age for title to old‑age benefit. If this age is more than 65, please indicate the number of residents having attained that age per cent of the total number of residents under that age but over 15 years of age.

According to Law no. 263 of 16 December 2010 on the Unitary System of Public Pensions, as amended and supplemented, old-age pensions shall be granted to the insured individuals who, on the date of their retirement, cumulatively meet the conditions with respect to the standard retirement age and the minimum contribution period achieved in the public pensions system.

The insured also can choose between Early Retirement Pension or Partial Early Retirement Pension provided they exceeded the full contribution period or even achieve it. Starting January 1st 2011, the Partial Early Retirement Pension is granted up to 5 years before the standard retirement age to a person who exceeds the full contribution period by up to 8 years while the Early Retirement Pension is granted up to 5 years before the standard retirement age to a person who exceeds the Full Contribution Period by at least 8 years.

Starting from January 2015 the standard retirement age is 65 years for men and 60 years for women. As provided by the present legislation, the standard retirement age for women is due to increase to 63 years by 2030. The minimum contribution period is 15 years for both men and women.

For the reference period year 1 July ~~2018~~ 2020 -30 June ~~2019~~2021, the standard retirement ages qualifying a person to draw an old-age pension, are the following:

Men: 65 years

Women:

July ~~2019~~2020	61 years and 1 4 months
September - November ~~2019~~2020:	61 years and 2 5 months
January - March ~~2020~~2021	61 years and 3 6 months
May - June ~~2020~~2021	61 years and 4 7 months

Within the public pension scheme, individuals are entitled to old‑age benefit at the standard retirement age stated above. However, based on considerations related to the shortfall of qualified staff in certain fields and given due consideration to the specificities of certain profesions, there are derogathory provisions in place as regards the retirement age. For instance, physicians can opt to retire at request at age 67 instead of retiring at standard retirement age (provisions under Law no. 95 /2006) while research and development staff and also nurses, midwives and medical assistants retire at age 65, irrespective of gender (provisions under Law no. 319/2003 & Government Emergency Ordinance no. 144 /2008).

Along with the main public pension scheme, several other schemes coexist that generally apply lower retirement ages compared to the PAYG scheme:

- For military personnel, police and national security system personnel the age for title to old‑age benefit is 60;

- For magistrates the age for title to old‑age benefit is 60 or less;

- For specialised auxiliary personnel from the courts and prosecutor’s offices the age for title to old‑age benefit is 60;

- For workers in civil aeronautics the age for title to old‑age benefit is 50 or 52, as the case may be;

- For parliamentary civil servants the age for title to old‑age benefit is the standard retirement age in the main PAYG scheme or less (but not lower than 60), depending on the case;

- For Court of Accounts personnel the age for title to old‑age benefit is the standard retirement age in the main PAYG scheme;

- For diplomats the age for title to old‑age benefit is 60.

Special conditions apply to some categories of people such as:

· people who contributed under special or difficult working conditions;

· people with handicap;

· the blind;

· people persecuted for political reasons by the regime in power after 6 March 1945, deported abroad or taken prisoners of war.

In case of meeting these special conditions, the person is entitled to an old-age pension with reduced standard retirement age.

Following the enactment of Law 134/2014, published in the Official Gazette no. 753 of 16 october 2014, old-age pensioners may cumulate, starting 19 October 2014, their pension with earnings from professional activities for which insurance is mandatory irrespective of their amounts (as prior of the law enactment, the cumulation was limited to the value of the average gross earning).

According to the pension law, the following categories of pensioners may cumulate pension with incomes arising from situations where insurance is compulsory, regardless of the income level:

· old-age pensioners;

· blind people;

· the 3rd degree invalidity pensioners, as well as the children classified within the 3rd degree of invalidity who receive survivor pension, if they don’t exceed half of the full working time for incomes from dependent activities provided in art. 6 par. (1) point I lit. (a) and (b) or point II of Law No.263/2010 (failure to comply with this requirement results in pension suspension);

· the children who receive survivor pension, respectively those up to the age of 16 and those who continue their studies in an educational institution organized under the law, until their graduation, but without exceeding the age of 26 years;

· the surviving spouse may cumulate the survivor pension with earnings from activities provided in art. 6 par. (1) point I lit. (a) and (b) or point II of Law No.263/2010, with subsequent amendments and completions, if they do not exceed 35% of the average gross wage earning (failure to comply with this requirement results in pension suspension);

· local and county counselors.

In the public pension system, all cathegories of pensioners can cummulate their pension with incomes from independent activities and intellectual property rights, as regulated by the Fiscal Code, regardless of their level.

According to the Law no. 263/2010, as amended and supplemented, pension payment is suspended from the month following the month in which the beneficiary of an early retirement pension or a partial early retirement pension engages is in a gainfull activity under an employment contract or as a public servant or a cooperative member of a craft cooperative organization, carries activity in elective positions or is appointed within the executive, legislative or judicial authority. Same rule of suspension applies for Ist and II degree invalidity pension recipients and survivor pensioners classified with Ist and II degree invalidity.

V - 3. Persons protected

Article 27. C102 and ECSS

The persons protected shall comprise:

(a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or

(b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents; or

(c) all residents whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.

A. Please state to which of the sub‑paragraphs of this Article recourse is had.

B. Please indicate the classes of persons protected in accordance with the provisions of this Article, unless recourse is had to sub‑paragraph (c).

C. Please furnish, under this Article, statistical information as follows:

i. if recourse is had to sub‑paragraph (a), in the form set out in Title I under Article 74; or

ii. if recourse is had to sub‑paragraph (b), in the form set out in Title II under Article 74; or

iii. if recourse is had to sub‑paragraph (c), in the form set out in Title IV under Article 74.

D. If recourse is had to Article 6 (voluntary insurance) for all or any of the schemes concerned, please furnish, under this Article, information in the form set out under Article 6.

The sub-paragraph of Article that applies in domestic legislation is (b) because certain categories of self-employed persons are also covered by the scheme.

Persons protected under this Article are : Romanian citizens, foreign citizens or stateless persons as long as they, by law, domicile or have their residence in Romania as follows:

· employees,

· persons assimilated to employees (elected or appointed to executive, legislative or judicial authorities; co-operative members),

· civil servants,

· unemployed,

· persons whose incomes are treated as wages,persons who earn incomes from independent activities and / or from intellectual property rights, i.e. RON 2,230 in 2020, and 2,300 starting with January 2021

· other persons, including the voluntarily insured persons.

Also, can be insured in the public pension system Romanian citizens, citizens of other countries and stateless persons who are not domiciled or resident in Romania, under the terms of international legal instruments to which Romania is a party.

The number of people active at national level, insured in the overall system (public pensions and other social insurance rights) during the reference period was 5,897,899 (31.03.2021)~~5.703.639~~ (employees and other persons insured).

In accordance with Article 76 of Title II of the Report, the purpose of protection is fulfilled as follows:

The number of economically active persons protected: 5,897,899~~5,703,639~~

The total number of residents: 19,328,838~~19,405,000~~

Percentage: 30.5%29~~,39~~%

V - 4. Level and Calculation of Benefit

Article 28. C102 and ECSS

The benefit shall be a periodical payment calculated as follows:

(a) where classes of employees or classes of the economically active population are protected, in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66;

(b) where all residents whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 67.

A. If recourse is had to sub‑paragraph (a) or (b) of Article 2 7 for defining the scope of protection, please state whether recourse is had to the provisions of Article 65 or to the provisions of Article 66for calculation of the old-age benefit.

Please furnish under this Article statistical information as follows:

i. if recourse is had to Article 65, in the form set out in Titles 1, 111 and V under Article 65; or

ii. if recourse is had to Article 66, in the form set out in Titles I, III and V under Article 66.

B. If recourse is had to sub-paragraph (c) of Article 27 for defining the scope of protection please furnish under this Article information in the form set out in Titles I and Ill under Article 67 and in Title I under Article 66.

If recourse is had to the provisions of sub-paragraph (d) of Article 67 please furnish information in the form set out in the different Titles under Article 67.

C. Whether recourse is had to Article 65, Article 66 or Article 67, please furnish information on the review of the amount of old-age benefit in the form set out in Title V1 under Article 65.

For the calculation of old age retirement pension Article 65 applies.

In the public system, social security benefits substitute the total or partial loss of insured income as a result of old age, disability or death. Social insurance benefits are provided in the form of pensions, allowances or other benefits.

The old-age pension provided by the public pension system is paid on a monthly basis and calculated using a point system.

It is determined by the length of contribution period and the level of earnings (which vary among individuals), as well as the pension point value (which is a constant for all pensioners).

The Old-Age Pension formula is:

OAP = PPV *AAS

Where:

OAP = Old-Age Pension

PPV = Pension Point Value

AAS = Annual Average Score =  AS/FCP

AS = Annual Score =  MS/12

FCP = Full Contribution Period

MS = Monthly Score = RE/AGE

RE = Reference earnings

AGE = Average Monthly Gross Earnings (‘realised’ – i.e. the actual outturn - at national level as reported by the National Institute of Statistics)

The monthly score is equal to the person's monthly gross earnings divided by the average gross earnings.

The annual score is equal to the sum of the monthly scores obtained during one year divided by twelve. The person is credited with annual scores for non-contributory periods.

The annual average score is equal to the sum of the annual scores divided by the number of years corresponding to the full contribution period provided by the law at the date of retirement.

The old-age pension with reduced standard retirement age, the early retirement pension, and the partial early retirement pension are calculated in the same way as the old-age pension. Nevertheless, the non contributory periods are not taken into account for early retirement pension and partial early retirement pension calculation purposes. In case of partial early retirement pension, the amount is reduced in relation to the length of contribution period and the number of months by which the standard retirement age is reduced. The monthly penalty ranges between 0.50% for a person who exceeded the full contribution period by up to 1 year and 0.15% for a person who exceeded the full contribution period by 7 to 8 years.

The insured person, who continues to contribute to the public system of pensions after becoming eligible for receiving an old-age pension, is entitled to an increased score achieved in this period by 0.5% per month. The increase of the monthly score won’t be granted for the periods when the pension is cumulated with wage incomes.

According to art. 31 of Government Emergency Ordinance no. 114/2018, by way of derogation from the provisions of art. 102 par. (2) of the Law no. 263/2010 on the unitary pension system, with subsequent amendments and completions, starting with 1^st ~~September of 2019, the pension point value was increased to 1,265 RON [art. 86 para. (2). letter a) of~~ ~~Law no. 127 of 8 July 2019 concerning the public pensions system, published in the Official Journal no. 563 of 9 July 2019~~.

Starting with 01.09.2020, the value of the pension point is RON 1,442 according to art. 42 of Government Emergency Ordinance no. 135/2020.

According to Government Emergency Ordinanceno. 8/2021 starting with 2022 the value of the pension point increases with the average annual inflation rate, to which is added at most 50% of the real increase of the average gross earnings achieved, definitive indicators, known in the current year for the calendar year previously communicated by the National Institute of Statistics. The increase and the date of granting are established annually by the law of the state social insurance budget.

The evolution of the pension point value, starting 2011, is presented below.

2011	1 January-31 December	732,8
2012	1 January-31 December	732,8
2013	1 January-31 December	762,1
2014	1 January-31 December	790,7
2015	1 January-31 December	830,2
2016	1 January-31 December	871,7
2017	1January-30 June	917,5
2017	1 July-31 December	1,000
2018	1January-30 June	1,000
2018	1 July-31 December	1,100
2019	1 January – 31 August	1,100
2019	1-September -31 December	1,265
2020	~~since~~ 1~~st of~~ January - 31 August~~onward~~	1,265
2020	1 September -31 December	1,442
2021	1 January onward	1.442

A~~ccording to art. 31 of Government Emergency Ordinance no. 114/2018, starting with 1 September 2019, the pension point value is increased by 15% and is Ron 1,265.~~

Starting with 01.09.2020, the value of the pension point is RON 1442 according to of Government Emergency Ordinance no. 135/14.08.2020.

According to Government Emergency Ordinance no. 8/2021 starting with 2022 the value of the pension point increases with the average annual inflation rate, to which is added at most 50% of the real increase of the average gross earnings achieved, definitive indicators, known in the current year for the calendar year previously communicated by the National Institute of Statistics. The increase and the date of granting are established annually by the law of the state social insurance budget.

In the national legislation sub-paragraph of paragraph 6 of Art. 65, which can be applied in national law is (c).

Old age pension calculation for the standard beneficiary

Standard beneficiary was chosen as a person whose income equals 125% of average earnings of all persons protected.

Starting with 1st September of ~~2019~~2020, the pension point value was ~~1,265~~1,442 RON according to GEO no. 135/14.08.2020.~~[art. 86 para. (2). letter a) of Law no. 127 of 8 July 2019~~.

The average gross wage used at the establishment of the state social security budget for the year 2020, according to art. 15 of Law no. 6/2020, is ~~5,429~~5,565 RON. We consider that the sum of ~~5,429~~5,565 lei representing the gross average wage gain used to for the establishment of the state social security budget for the year 2020 has no relevance in determining the replacement rate, therefore the replacement rate will be calculated using the net average wage gain for 2020 of ~~3,176~~3,411 lei.

Applying Article 65, paragraph 6, letter c) of the Code: the reference income of a standard beneficiary is 125% of net average salary (~~3,176~~3,411 RON in 2020), i.e. 1.25 * ~~3,176~~3,411 = ~~3,970~~4,264 RON in 2020.

The calculation of the replacement rate for old-age pension after 30 years of insurance (under Title I and III of Article 65 of the report):

~~June 2020~~

C. Standard wage of a skilled manual male employee ~~3,970~~4,264 RON

D. Amount of old-age pension granted after 30 years of insurance 1442*1.25 RON = 1803~~1,355~~ ~~RON~~

G. Replacement rate D./. C = ~~1,355~~1,803 RON/~~3,970~~4,264 RON = ~~34,13~~ 42,28 %

The national legislation guarantees a minimum pension amount. Law no.196/2009 approved G.E.O. no.6/2009, establishing the guaranteed minimum social pension. Later on, the phrase "guaranteed minimum social pension" was substituted by syntagma "social allowance for pensioners".

Since 2010, the social allowance for pensioners is established annually by the state budget law and can be increased only by the laws amending the state budget, based on changes of the macroeconomic indicators and financial resources.

Starting 1^stof September ~~2019~~ 2020 the level of social allowance for pensioners is RON ~~704~~ 800 (Art. 32 41 of GEO Nono.~~114~~135/~~2018~~2020).

The beneficiaries of the social allowance for pensioners are the pensioners of the public pension system or military pension system who reside in Romania, regardless of the date of retirement, whose quantum of pension is below the social allowance for pensioners.

The social allowance is calculated as the difference between the amount of social allowance for pensioners and the pension amount due or paid, combined with any other entitlements paid under special laws.

2019 CEACR’s conclusions

Part V (Old-age benefit), Article 28 of the Code. Calculation of the pension replacement rate. In its previous conclusions, the Committee requested the Government to take measures to guarantee the level of old-age benefit required by the Code. The Committee notes that the Government has recalculated the replacement rate of an old-age pension for a standard beneficiary by comparing the standard pension attained after 30 years of contributions with the net wage instead of the gross wage of a skilled manual male employee determined in accordance with Article 65(6)(c), of the Code. In this case, the recalculated replacement rate would attain 38 per cent in 2018, which is still below the level of 40 per cent prescribed by the Code. The Committee therefore concludes that Romania still does not comply with Article 28 of the Code and reiterates its request to the Government to take measures to increase the level of old-age benefits up to the level required by the Code. Moreover, it requests the Government to specify in more detail the way the standard old-age benefit has been calculated indicating in particular the amount of the assumed annual average score, of the correction index applied and of the pension point value. In addition, the Committee requests the Government to explain whether old-age pensioners are liable to pay income tax and/or any social security contributions.

Please provide a reply to the Committee’s request.

Index of Correction
According to art. 170 of Law no. 263/2010 on the unitary public pension:

"(1) For the registered pensioners, from the date of entry into force of this law, the average annual score determined in terms of art. 95 is applied a correction index calculated as the ratio of 43.3% of the gross average earnings in the preceeding year and the pension point value in force at the time.
(2) Paragraph (1) is applied only once, at the initial enrollment in retirement. "

According to the provisions of art. 17 of Law no. 3/ 2018 on the social insurance budget for 2018, since 1 January 2018 the correction index was 1.15.
Since 1 January 2019, the correction index was 1.20, according to the provisions of art. 33 of Government Emergency Ordinance no. 114/2018.

Since 1 January 2020, the correction index was 1.41, according to the provisions of art. 17 of Law no. 6/ 2020 on the social insurance budget for 2020.

According to the Fiscal Code provisions, 10% income tax applies to pensions bigger than RON 2,000. The quota applies only to the amount that exceeds the RON 2,000 threshold.

Also, pension income is exempted from the payment of 10% social insurance contribution for health.

Furthermore, all benefits financed from the state social insurance budget are exempted from the payment of pension insurance contribution.

2020 CEACR’s conclusions

Part V (Old-age benefit), Article 28, in conjunction with Article 65 and the Schedule to Part XI of the Code. Calculation of the old-age pension replacement rate. In its previous conclusions, the Committee requested the Government to take measures to guarantee the level of old-age benefit required by the Code. The Committee notes, from the information provided by the Government in reply to its request, that the replacement rate of old-age pension for a standard beneficiary is calculated by comparing the standard pension attained after 30 years of contributions (Romanian lei, RON 1,355) with the net wage (RON 3,970) of a skilled manual male employee determined in accordance with Article 65(6)(c) of the Code. The Committee notes that this is possible because standard old-age pensioners are not liable to pay income tax and/or any social security contributions. The Committee observes, however, that the resulting replacement rate of the old-age pension corresponds to 34.13 per cent in 2020, which is below the level of 40 per cent prescribed by the Code. The Committee is therefore bound to conclude that Romania is not in compliance with Article 28 of the Code and requests the Government to take the necessary measures to increase the rate of old-age benefit up to the level required by the Code, i.e. 40 per cent of the reference wage for a standard beneficiary, as specified in Article 65 and the Annex to Part XI of the Code.

V - 5. Adjustment of benefits

§10 Article 65, §8 Article 66. C102 and ECSS

The rates of current periodical payments in respect of old age, employment injury (except in case of incapacity for work), invalidity and death of breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living.

Pensions are increased by way of raising the pension point value. The increase of the pension point value is one of the social protection measures with positive impact for the beneficiaries of the public pension system as regards improving their standard of living. To reflect changes in the cost of living, starting 2022, the value of the pension point will be adjusted with the average annual inflation rate, to which is added at most 50% of the real increase of the average gross earnings. Up until this rule was legislated, the pension benefit indexation relied on ad – hoc decisions.

Correction Index

~~According to art. 170 of Law No. 263/2010 on the unitary public pension system, in conjunction with art. 17 of Law no. 6/2020 on the social insurance budget on 2020, i~~In 2020 and 2021, in line with the provisions of art. 170 of Law no. 263/2010 on the unitary pension system, the index of correction is stood at 1.41.

The correction index is used to lift the first pension in line with wages.

T~~hus, t~~he average gross wage earned in ~~2017~~2019, namely the final one, known in ~~2018~~ 2020 – prior to the year in which pension entitlement is opened - ~~2019~~2021, communicated by the National Institute of Statistics, is ~~3,223~~4,853 lei.

2018 CEACR’s conclusions

Article 65(10) of the Code. Adjustment of long-term benefits to the cost of living. The Committee notes the information provided by the Government in reply to its previous request concerning adjustment of long-term benefits to the cost of living.

Please provide a reply to the Committee’s request.

RF/C102/ECSS:

1. Please state the methods adopted for giving effect, where necessary, to the provisions of paragraph 10 of Article 65 or of paragraph 8 of Article 66 of C102 and the ECSS.

2. Please give the following information:

Period under review

Cost-of-living index

Index of earnings^{^[3]}

A. Beginning of period^{^[4]} ………………………..

B. End of period^{^[5]}………………………………..

C. Percentage A…………………………………

….………………………...

…….……………………..

…………………………

………………………..

……………………….

………………………..

3. Please state whether the amount of the periodical payments has been reviewed during the period of reference. If so, please indicate the changes made in the level of benefits and furnish the following information:

Period under review*

Benefit

Average per beneficiary**

Benefit for standard beneficiary**

Other estimates of benefit levels**

III

A. Beginning of period ………

B. End of period …………………

C. Percentage A…………………

….………………………...

…….………………………

…………………………….

….………………………...

…….………………………

…………………………….

……………………………

* This period should, as far as possible, coincide with the period referred to in the table under paragraph 2.

** Please give such data in columns I, II and III as will show the percentage variation of the benefit.

Year	Average monthly pension (RON)	Year	Average monthly pension (RON)
2011	753	2016	948
2012	773	2017	1069
2013	805	2018	1172
2014	846	2019	~~1563~~1292
2015	892	2020	1500
		2021 I^st trimester	1650

Source: National Institute of Statistics ( https://insse.ro/cms/ro/tags/comunicat-numarul-de-pensionari-si-pensia-medie-lunara)

V-6. Qualifying period

Article 29. C102 and ECSS

1. The benefit specified in Article 28 shall, in a contingency covered, be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period which may be 30 years of contribution or employment, or 20 years of residence; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a prescribed qualifying period of contribution and in respect of whom while he was of working age, the prescribed yearly average number of contributions has been paid.

2. Where the benefit referred to in paragraph 1 of this article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period of 15 years of contribution or employment; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a prescribed qualifying period of contribution and in respect of whom, while he was of working age, half the yearly average number of contributions prescribed in accordance with paragraph 1.b of this Article has been paid.

3. The requirements of paragraph 1 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part XI but at a percentage of ten points lower than shown in the Schedule appended to that Part for the standard beneficiary concerned is secured at least to a person protected who has completed, in accordance with prescribed rules, ten years of contribution or employment, or five years of residence.

4. A proportional reduction of the percentage indicated in the Schedule appended to Part XI may be effected where the qualifying period for the benefit corresponding to the reduced percentage exceeds ten years of contribution or employment but is less than 30 years of contribution or employment; if such qualifying period exceeds 15 years, a reduced benefit shall be payable in conformity with paragraph 2 of this Article.

5. Where the benefit referred to in paragraphs 1, 3 or 4 of this Article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be payable under prescribed conditions to a person protected who, by reason only of his advanced age when the provisions concerned in the application of this Part come into force, has not satisfied the conditions prescribed in accordance with paragraph 2 of this Article, unless a benefit in conformity with the provisions of paragraphs 1, 3 or 4 of this Article is secured to such person at an age higher than the normal age.

1. Please indicate, for each scheme concerned, the nature and the length of the minimum qualifying period or the minimum average yearly number of contributions, as the case may be, which entitles the persons protected to a pension.

Please summarise the rules concerning the computation of such qualifying period.

Please state whether recourse is had to paragraphs 1 and 2 or paragraphs 3 or 4 of this Article.

2. If recourse is had to paragraphs 1 and 2 the benefit the amount ofwhich is shown under Article 28 should be the benefit granted during the time basis to a standard beneficiary who has completed 30 years ofcontribution or employment, or 20 years of residence. Please indicate, under this Article, how the reduced benefit is calculated to which a standard beneficiary is entitled who has completed a qualifying period of 15 years ofcontribution or employment or in respect of whom half the yearly average number of contributions prescribed for title to full benefit has been paid.

3. If recourse is had to paragraph 3 the benefit the amount of which is shown under Article 28 should be the benefit granted during the time basis to a standard beneficiary who has completed 10 years of contribution or employment or 5 years of residence.

4. Ifrecourse is had to paragraph 4 the benefit the amount of which is shown under Article 28 should be the benefit granted during the time basis to a standard beneficiary: who has completed a qualifying period of more than 10 years, but less than 30 years of contribution or employment. Please state the length of the qualifying period in question.

5. Please state what measures have been taken to give effect to the transitional provisions provided for in paragraph 5 of this Article, and indicate the minimum amount of the reduced benefit guaranteed in this case.

§1(f) Article 1. C102, §1(i) Article 1. ECSS

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

Starting 1^st January 2015, the minimum contribution period ~~both~~ which entitles the persons protected to an old-age pension~~for women and men~~ is 15 years, irrespective of gender.

When determining the old-age pension, besides the contributory periods, certain non-contributory periods, called “assimilated periods” are taken into consideration, when the insured person:

· benefited from invalidity pension,

· pursued full-time university courses, on the condition of graduation with diploma,

· served military service, were mobilised or were war prisoners,

· benefited, starting with 1^st of January 2005, from leave for temporary working incapacity due to work accidents and occupational diseases,

· benefited, during 1^st April 2001 – 1^st January 2006 of social insurance indemnities, provided in the terms set by law,

· benefited, starting with 1^st of January 2006 from leave for child upbringing up to 2 years old, or up to 3 years old in the case of disabled child,

The insured person who attended several higher forms of education benefits from a single period of study assimilated as contribution period, at choice.

The old-age pension is granted upon reaching the pensionable age and meeting the minimum contributory period. A complete standard contributory period and reaching the pensionable age entitle beneficiaries to a full pension benefit. Individuals can take early retirement five years prior to the pensionable age under two different regimes: early retirement (ER), when the contribution period of an individual is at least eight years higher than the standard contribution period and partial early retirement (PER), when the contribution period has been completed or exceeded by less than eight years (with penalties for each missing year until the standard retirement age). Once the pensionable age is reached, beneficiaries of partial early retirement become automatically entitled to a full old age benefit.

V -7. Duration of Benefit

Article 30. C102 and ECSS

The benefits specified in Articles 28 and 29 shall be granted throughout the contingency.

Please indicate, with reference to Article 68, the provisions, if any, for the suspension of the old-age benefit under the scheme or schemes concerned.

In the public pension system, social security benefits substitute the total or partial loss of insured income as a result of old age, invalidity or death. When these insured risks occur (invalidity, old age and death), the institutions of the public system of pensions grant social insurance benefits to the insured, in compliance with the provisions of the law.

With reference to Article 68, of the old-age benefit granted within the public system of pensions shall be suspended starting from the month following the one in which one of the pensioner has established his domicile in the territory of another state, with which Romania has signed a reciprocity convention in the field of social insurance, if, according to its provisions, the pension is paid by the other State.

V - 8. Suspension of Benefit

Article 69. C102, Article 68. ECSS

A benefit to which a person protected would otherwise be entitled in compliance with any of Parts II to X of this Convention may be suspended to such extent as may be prescribed--

(a) as long as the person concerned is absent from the territory of the Member;

(d) where the person concerned has made a fraudulent claim;

(e) where the contingency has been caused by a criminal offence committed by the person concerned;

(f) where the contingency has been caused by the wilful misconduct of the person concerned;

According to Article 114 of Law no. 263/2010, as further amended and supplemented, pension payment is suspended from the month following the month in which:

§ Pensioner shall establish domicile in a country with which Romania has concluded social security agreement, if it stipulates that the pension is paid by the other State;

§ Beneficiary of an early retirement or a partial early retirement pension is found in one of the situations provided in art. 6 par. (1) point I lit. (a) and (b) or point II of Law No.263/2010, with subsequent amendments and completions;

§ the disability pensioner, and the survivor pensioners provided by the law did not attend the compulsory medical re-examination, the convening of the National Institute of Medical Expertise and Recovery of Work Capacity or the regional centres of medical expertise of work capacity, or did not attend the rehabilitation programmes;

§ first or second degree invalidity pensioner, as well as the beneficiaries of survivor pension classified with 1st or 2nd degree disability is found in one of the situations provided in art. 6 par. (1) point I lit. (a) and (b) or point II of Law No.263/2010, with subsequent amendments and completions;;

§ third degree degree invalidity pensioner, as well as the child in the third degree of disability who is the beneficiary of a survivor pension, earn monthly income being in one of the situations provided by art. 6 par. (1) point I lit. (a) and (b) or point II of Law No.263/2010, with subsequent amendments and completions, exceeding half of the normal work schedule for that job;

§ the child who receives survivor pension has reached the age of 16 and does not make proof of continuing education;

§ the surviving spouse, who is beneficiary of a survivor pension is found in one of the situations provided in art. 6 par. (1) point I lit. (a) and (b) or point II of Law No.263/2010, with subsequent amendments and completions and earns monthly gross incomes above 35% the average gross earnings;

§ the surviving spouse, who is the beneficiary of a survivor pension, has remarried;

§ the surviving spouse, who is the beneficiary of a pension within the public system of pensions, opts for another pension, under the law, within the same system, or within another social insurance system, not-integrated into the public pension system.

§ the children of soldiers, policeman or civil servants with special status deceased following specific actions they were involved, to whome the right to a survivor's pension has been opened in the public pension system, opt for another pension, according to art. 55 para. (1 ^ 1) of Law no. 223/2015 on state military pensions, with subsequent amendments and completions.

Resumption of the suspended pension payment is made on demand and is granted starting with the next month subsequent to the month in which the suspension cause has ceased, if the application was filed within 30 days since the cause of suspension was terminated or from the month following the application’s date, if the submission was made after the expiry of the period above mentioned.

V - 9. Right of complaint and appeal

See under Part XIII-2

It is the competence of the territorial houses of pensions to decide on accepting or rejecting the retirement requests. The retirement decisions have to be issued within 45 calendar days following application date and include the factual and legal grounds on which each decision has been made.

The decision is communicated to the person who claimed the benefit within 5 days from the date of its issuance.

The pension decisions issued by the territorial pension houses may be appealed to the competent court, within 45 days following of the notification.The undisputed pension decisions are definitive.

V - 10. Financing and Administration

Article 71. C102, Article 70. ECSS

See under Part XIII-3. Common provisions.

The public pension system in Romania is managed and guaranteed by the State and it has a compulsory character. The public system of pensions, based on intergenerational solidarity is organised and operates based on the principle of contributiveness, according to which the social insurance funds are set up on the contributions owed by the natural and legal persons, participants in the public pension system, while the social insurance rights are rendered under the social insurance contributions paid.

The public pension system is based on the "pay‑as‑you‑go" principle, with the social insurance contributions representing the main source of revenue to the system. Social insurance contributions rates depend on the working conditions set for the employees and are established by the Fiscal Code.

As provided by law, the employer or the assimilated employers must calculate and pay, on monthly basis, the social security contributions owed to the state social insurance budget, together with the individual contributions retained from the insured.

For the year ~~2019~~ 2020 and ~~2020~~2021, social insurance contribution rates were established as follows:

Contribution for ~~2019~~ 2020 and ~~2020~~2021

Employees:

· Calculation base: gross earnings; no ceiling.

· Rate: 25% (including 3.75% for Pillar 2 (i.e. the supplementary compulsory funded social insurance scheme as conventionally defined)).

· Exemption between January 2019 and December 2028: 21.25% for construction sector employees (no contribution to Pillar 2).

Employer:

· Calculation base: total gross earnings; no ceiling.

· Rate: the contribution rate varies with the working conditions:

Working Rate

conditions (%)

Normal 0

Difficult 4

Special 8

· Exemption: Construction sector

Part VII. Family Benefit

Romania has accepted the obligations resulting from Part VII of C102 and Part VII of the ECSS.

Category	Information available	Information missing / questions raised by the CEACR
VII-1. Regulatory framework	Art.39 C102/ECSS
VII-2. Contingency covered	Art.40 C102/ECSS
VII-3. Persons protected	Art.41 C102/ECSS*
VII-4. Types of benefits	Art.42 C102/ECSS
VII-5. Qualifying period	Art.43 C102/ECSS
VII-6. Level and Calculation of benefit	Art.44 C102/ECSS*
VII-7. Duration of benefit	Art.45 C102/ECSS
VII-8. Suspension of benefit	Art.69 C102, Art.68 ECSS
VII-9. Right of complaint and appeal	Art.70 C102, Art.69 ECSS
VII-10. Financing and Administration	Art.71,72 C102 Art.70,71 ECSS

* Please update statistical data, in accordance with the Report form for C102/ECSS.

List of applicable legislation

§ Law No. 292/2011 on social assistance, published in the Official Gazette of Romania, Part I, no.905 of December 20, 2011;

§ Law no. 61/1993 on child state allowance, republished in the Official Gazette of Romania, Part I, no. 767 of November 11, 2012;

§ Government Emergency Ordinance no. 111/2010 on parental leave and monthly indemnity for raising the children published in the Official Gazette of Romania, Part I, no.830 of December 10, 2010, as amended and supplemented;

§ Law no. 448/2006 on the protection and promotion of the rights of the persons with disabilities, republished in the Official Gazette of Romania, Part I, no. 1 of January 3, 2008, as amended and supplemented;

§ Law no. 272/2004 on the protection and promotion of child rights, republished in the Official Gazette of Romania, Part I, no. 159 of March 5, 2014;

§ Law no 277/2010 concerning the allowance for family support, published in the Official Gazette of Romania, Part I, no.889 of December 30, 2010.

§ Law 263/2007 regarding the establishment and organization of nurseries, published in the Official Gazette of Romania, Part I, no.507 of July 30, 2007, as amended and supplemented;

§ Law 193/2006 regarding the grant of nursery vouchers, published in the Official Gazette of Romania, Part I, no.446 of May 23, 2006, as amended and supplemented;

§ Law no. 416/2001 on minimum guaranteed income, published in the Official Gazette of Romania, Part I, no. 401 of July 20, 2001, as amended and supplemented.

§ Emergency Ordinance no. 70/2010regarding the protection measures in cold season, published in the Official Gazette of Romania, Part I, no.629 of September 2, 2011, as amended and supplemented.

VII - 1. Regulatory framework

Article 39. C102 and ECSS

Each Member (Contracting Party) for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of family benefit in accordance with the following Articles of this Part.

The social assistance system in Romania was reformed in 2011 and in the same time all the programs targeted to families with children/vulnerable persons were revised. The new Law of social assistance no. 292/2011 establishes the new principles of organising, functioning and financing of the social assistance system in Romania. The purpose of this reform was to improve the social assistance system and to increase the efficiency of all the measures in this field, by targeting all vulnerable persons.

According to Law of social assistance no. 292/2011, the national social assistance system is a set of institutions, measures and actions, through which the state, represented by central and local government authorities and civil society intervene to prevent, limit or remove the effects of temporary or permanent situations that can lead to marginalization and social exclusion of the person, family, groups or communities. The national system of social assistance intervenes subsidiary or, where appropriate, complementary to social security systems and consists of social benefits system and social services system.

Social assistance, through specific measures and actions, aims to develop individual, group or collective capacities to provide social needs, increase the quality of life and promote cohesion principles and social inclusion.

According to Law of social assistance no. 292/2011, social assistance benefits, depending on their purpose, are classified as follows:

a) social benefits for the prevention and combating poverty and social exclusion risk;

b) social assistance benefits for child and family support;

c) social assistance benefits to assist people with special needs;
d) social assistance benefits for special situations.

The Minimum Inclusion Income (MII) will represent the main supporting instrument/program for preventing and combating poverty and the risk of social exclusion, being granted from the state budget, as a difference between the level of benefits regulated by the law and the net income of the family or single person, earned during a certain period of time. The purpose of the program is to guarantee a minimum level of income to every person in Romania. The MII project regulates the categories of financial support, which are the components of the minimum inclusion income: inclusion aid, allowance for families with children, dwelling supplement. The inclusion aid covers the food poverty of the family, a component which is currently regulated by the guaranteed minimum income (GMI), the allowance for families with children covers the additional needs of a family with childcare responsibilities, a component which is currently regulated by the family support allowance (FSA), the dwelling supplement covers fuel poverty, a component which is currently regulated by the heating benefits (HB). The income of the family is calculated according to the dimension of the family by using equivalence coefficients reflecting the distribution of consumption (1 for the first adult in the family and 0,5 for each of the other members of the family = equivalent adult). The new program establishes a single minimum threshold of 260 lei per equivalent adult, this amount targeting the poorest 10% of the population. Also, the amount of the inclusion aid for the single person will be increased by 83% compared to the current situation and the pro-work component of the new program will be strengthened, by introducing financial incentives in all components of the MII and exempting part of the earnings from work, in such a way that the social action changes its outcome from a reactive intervention to a proactive one.

Fight against poverty and social exclusion continues to be a national priority and the reform of the minimum income program is planned to be finalized in April 2021. In October 2016 the Romanian Parliament adopted the Minimum Inclusion Income Law no. 196/2016, but the implementation of the Minimum Inclusion Income (MII) is currently postponed.The Government approved the prorogation of MII law, until April 2022, according to the Government Emergency Ordinance no. 226/2020 on some fiscal-budgetary measures and on amending and supplementing normative acts and prorogation of deadlines.which will enter into force starting from April 2019. According to the Government Emergency Ordinance no. 82/2017 was approved the prorogation of the implementation of the minimum inclusion income law until April 2019 in order to ensure that all the administrative measures for the implementation of this law will be ready.

The implementation of the Law no. 196/2016 depends on the elaboration of the National Information System for Social Assistance and also, on the capacity of the local public administration authorities to ensure data processing of the beneficiaries and to verify the eligibility criteria. All the applications forms and all the justifying documents which will be submitted by the beneficiaries in order to receive the minimum inclusion aid, has to be electronically processed by the Local Council staff using the National Information System for Social Assistance.

I~~n November 2018, the Government approved the prorogation of~~ ~~Minimum Inclusion Income law, until 2021, according to the Government Emergency Ordinance no.~~ ~~96/2018.~~ The decision was to maintain the application of the actual means-tested benefits, namely: the minimum income guaranteed program (Law no. 416/2001 on mínimum income guaranteed, with subsequent amendments), the family support allowance (Law no. 277/2010 on family support allowance, with subsequent amendments) and the house heating benefits (Government Emergency Ordinance no. 70/2011 on social protection measures during the cold season, with subsequent amendments),~~Law no. 416/2001 on Minimum Guaranteed Income, with subsequent amendments and completions, for a period of at least 2 years,~~ in order to have time to develop and test the IT system, to be sure that it will take over all the actual payments, without affecting the actual rights of the beneficiaries.

Also, within the National Recovery and Resilience Plan (PNRR) Romania has assumed the implementation for the next period of the program on the minimum inclusion income (MII). As a general objective, the reform proposal envisages the revision and application of the provisions of Law no. 196/2016 on the minimum income for inclusion, as well as the development of the National Integrated Social Assistance System and provision of logistical support for the implementation of MII.

VII - 2. Contingency covered

Article 40. C102 and ECSS

The contingency covered shall be responsibility for the maintenance of children as prescribed.

Please indicate briefly the conditions of eligibility for the benefits provided for in Article 42 to the persons protected (number of children, age limit of children, etc.).

§1(e) Article 1. C102, §1(h) Article 1. ECSS

The term “child” means a child under school leaving age or under 15 years of age, as may be prescribed.

Family benefits are granted to the family and take into account childbirth, education and childcare. The eligibility conditions for each family benefit are presented below. The types of family benefits granted during 1 July ~~2011~~ 2020 to 30 June, ~~2020~~2021:

State allowance for children is a universal right, granted by the State for all children up to age 18, without discrimination. Young people, after age 18, attending high school or professional school, are entitled to state allowance for children up to the completion of these studies. Also children of residing foreign citizens and stateless persons enjoy this right under the law in Romania.

According to Government Emergency Ordinance no. 123/2020 for amending article 3 from Law no. 61/1993 regarding the state allowance for children, with subsequent amendments and completions the amounts of state allowance for children were increased in two stages, the first increase during August -December 2020 and another increase starting with 1st of January 2021.

State allowance is given in different amounts, as follows (amounts for ~~2020~~2021, starting with 1^st of January):

o ~~156~~ 214 lei for children with the age between 2 years and 18 years old, and also for young people after the age of 18 until they finish the educational courses or vocational educational courses.

o ~~311~~ 427 lei for children with the age up to 2 years old or up to 18 years old, in the case of children with disability.

Type of benefit	Age of the children	July 2011 -– May 20145 (lei)	June 2015 – March 2019 (lei)	April - December 2019 (lei)	January –~~June~~ July 2020 (lei)	August -Decembrie 2020	January –June 2020-
State allowance for children (amounts incresead starting from June 2015)	children > 2 years	42	~~42/~~ 84 ~~(June 2015)~~	150	156	185	214
	Child with disability> 3 years	42	~~84/~~200 ~~(June 2015)~~	300	311	369	427
	children < 2 years	200	200	300	311	369	427
	Child with disability < 3 years	200	200	300	311

Placement monthly allowance, is given in support of the person or legal representative of the family who took in placement one or more children. Allowance is granted from the state budget for each child or young person who benefits from the measure of placement to a person, family, guardian, foster parent or to residential care organized by an authorized private body.

Monthly amounts of placement allowance for 2016 - ~~2019~~ 2021 is 600 lei and for children with disabilities this amount is increased by 50%, reaching 900 lei. This allowance is paid until the age of 18 years old of the child and after 18, if the measure of placement is continued after this age, according to Law no. 272/2004. On request of the young person, expressed after the age of 18, if he/she continues studying on daily courses, the placement measure is granted for the whole period of studies, up to the age of 26.

Type of benefit

July 2011 - 2013

(lei)

2014

(lei)

January 2015 -– June ~~2019~~2021

(lei)

Placement monthly allowance (amounts increased starting from December 2014)

97/145 (for child with disability)

97/145 (for child with disability) amounts increased starting from December 2014

600/900 (for child with disability)

The allowance for family support replacethe former allowance for family support starting with 2011 and is given differently depending on family structure and revenues. The allowance is granted to families consisting of husband, wife and dependent children aged up to 18 years who live together. Families whose members are Romanian citizens residing in Romania benefit from this allowance, as well as foreign citizens or stateless persons resident or, if applicable, residing in Romania. Adopted children, children in foster care or custody or guardianship for which tutorship was established, are considered as part of the family.

These allowances are granted to families with children who have net monthly income per family member up to 530 RON. The amounts of these benefits varied by type of family and number of children as follows:

· Allowance for two parents families with incomes between 0-200 RON/person:
a) 82 RON for families with one child;

b) 164 RON for family with 2 children;

c) 246 RON for family with 3 children;

d) 328 RON for family of 4 or more children.

· Allowance for two parent families with incomes between 201-530 RON/person:
a) 75 RON for families with one child;

b) 150 RON for family with 2 children;

c) 225 RON for family with 3 children;

d) 300 RON for family of 4 or more children.

· Allowance for single parent with incomes between 0-200 RON/person:
a) 107 RON for families with one child;

b) 214 RON for family with 2 children;

c) 321 RON for the family with 3 children;

d) 428 RON for family of 4 or more children.

· Allowance for single parent with incomes between 201-530 RON/person:
a) 102 RON for families with one child;

b) 204 RON for family with 2 children;

c) 306 RON for the family with 3 children;

d) 408 RON for family of 4 or more children.

Families who have dependent children of school age receive family support allowance, given that children are in organized education. Therefore, the program increases the children's education by introducing the school attendance conditionality for school children from beneficiary families; the amount of the allowance can be adjusted or diminished based on their school absences.

Type of benefit	Type of family, level of income and number of children	July 2011 - 2012 (lei)	2013 (lei)	2014 (lei)	2015 – Sem. I 2020 (lei)
The allowance for family support	Two parent families (incomes >200 lei)		starting from July 2013 increased with 30% compared to 2012	Starting from November 2014 Increased with 105% compared to 2013
	- families with 1 child	30	40	82	82
	--families with 2 children	60	80	164	164
	-families with 3 children	90	120	246	246
	-famillies with 4 and more children	120	160	328	328
	Two parent families (incomes between 201 - 370 lei) starting from July 2013 (incomes between 201 - 530 lei)		starting from July 2013 increased with 30% compared to 2012	Starting from November 2014 Increased with 127% compared to 2013	Increased with 127% compared to 2013
	- families with 1 child	25	33	75	75
	-families with 2 children	50	66	150	150
	-families with 3 children	75	99	225	225
	-famillies with 4 and more children	100	132	300	300
	Single parent families (incomes >200 lei)		starting from July 2013 increased with 30% compared to 2012	Starting from November 2014 Increased with 65% compared to 2013	Increased with 65% compared to 2013
	- families with 1 child	50	65	107	107
	-families with 2 children	100	130	214	214
	-families with 3 children	150	195	321	321
	-famillies with 4 and more children	200	260	428	428
	Single parent families (incomes between 201 - 370 lei) starting from July 2013 (incomes between 201 - 530 lei)		starting from July 2013 increased with 30% compared to 2012	Starting from November 2014 Increased with 70% compared to 2013	Increased with 70% compared to 2013
	- families with 1 child	45	60	102	102
	-families with 2 children	90	120	204	204
	-families with 3 children	135	180	306	306
	-famillies with 4 and more children	180	240	408	408

Parental leave and child raising indemnity (GEO no. 111/2010) is a categorical program, and was changed by Law no. 66/2016 which established new eligibility criteria for parental leave and child raising indemnity and for monthly insertion incentive. Starting from July 2016 the child raising indemnity and the insertion incentive are granted to the persons who, during the last two years prior to childbirth, earned for 12 months incomes subject to taxation according to the Fiscal Code (incomes from wages, self-employed activities , from intellectual property rights and income from~~and~~ agriculturale activities, forestry and fish farming, including from similar periods, according to the law). Currently ~~there is only one type of parental leaveand~~ the child raising indemnity is a compensation, paid from the state budget, for the parents who interrupt their professional careers and take parental leave to raise children under the age of 2 years or, if a disabled child, up to 3 years.

The amount of the child raising indemnity ~~has been~~is established to 85% of the average professional net income earned by the parent during the last 12 months from the last two years prior to the childbirth. During the reference period (July ~~2019~~ 2020 – ~~june~~ June ~~2020~~2021), the minimum amount of child raising indemnity is 1.250 lei being increased from January 2018. The maximum amount of the indemnity has been established to 8.500 lei starting from September 2017.

People who are entitled to receive child raising indemnity, but still work, earning professional incomes subject to income taxation, will receive a monthly incentive insertion. Starting from 1^st of April 2017 and until April 2021, Tthe monthly insertion incentive is was granted until the age of 3 years old in a monthly amount of 650 lei~~(starting from 1^st of April 2017)~~, if the parent decides to come back to work 60 days before the child fulfils the age of 2 years old. This incentive is in fact a measure of stimulating the parents returning to work before the child reaches the age of 2 or 3 years, if disabled child.

Recently, the amount of the insertion incentive was increased. This idexation was introduced by the Government Emergency Ordinance no. 26/2021 adopted in order to stimulate the return to work of parents on parental leave and will be implemented starting with June 2021. Parents on parental leave will receive an insertion incentive increased to 1.500 lei if they return to work before the child reaches the age of 6 months, or 1 year, in the case of a disabled child, the amount being granted until the child reaches the age of 2 years old, respectively 3 years old, in the case of the child with disabilities. The insertion incentive of 650 lei is maintained to persons earning taxable income after the child reaches the age of 6 months (1 year in the case of a child with disabilities) until the child reaches the age of 3 years (4 years in in the case of a child with a disability).

Has the right to the child raise indemnity and to the insertion incentive, optionally, any of the parents and also one of the persons who adopted the child, who has a child entrusted for adoption, who has a child in placement or in emergency placement, excepting the foster care person, and also the guardian person. The two benefits are granted for each birth or, as the case may be, for any of the situations aforementioned.

Benefits and aids for raising the children with disability (articles 31 and 32 from Government Emergency Ordinance no.111/2010 on parental leave and child raising benefits, with subsequent amendments). Granted to persons with children with disabilities, up to the age of 7 years old or granted to the persons with disability who became a parent. During the reference period July ~~2019~~ 2020 – June ~~2020~~2021, the amount of the child raising indemnity, for parents who take care of a child with disability, aged between 3 and 7years old, who are entitled to parental leave is 1.250 lei, being increasedfrom January 2018. Also, the amounts of benefits and aids granted to persons/parents who take care of children with disabilities and also those granted to persons with disabilities who take care of children are between 188 lei and 563 lei.

- monthly benefit for raising the child with disability, in amount of1.250 lei, granted to the persons who take care of children with disabilities, aged between 3 and 7 years old, who benefited from the rights established by GEO no. 111/2010 and who choose to continue with the parental leave until the age of 7 years old of the child.

- monthly aid for raising the child with disability, in amount of563 lei (45% from the minimum amount of child raising indemnity), granted to persons with high/pronounced disabilities, who take care of children with disabilities, aged between 0 and 3 years old, who don’t earn any income besides the social assistance benefits for disabled persons.

- monthly aid for raising the child with disability, in amount of438 lei (35% from the minimum amount of child raising indemnity), granted to persons with high/pronounced disabilities, who take care of children with disabilities, aged between 3 and 7 years old, who don’t earn any income besides the social assistance benefits for disabled persons.

- monthly aid for raising the child with disability, in amount of 438 lei (35% from the minimum amount of child raising indemnity), granted to persons who take care of children with disabilities, aged between 0 and 3 years old, who do not fulfil the conditions established by GEO no. 111/2010 for parental leave and child raising indemnity.

- monthly aid for raising the child with disability, in amount of 188lei (15% from the minimum amount of child raising indemnity), granted to persons who take care of children with disabilities, aged between 3 and 7 years old, who do not fulfil the conditions established by GEO no. 111/2010 for parental leave and child raising indemnity.

- monthly aid for raising the child, in amount of 563 lei (45% from the minimum amount of child raising indemnity), granted to persons with high/pronounced disabilities, who take care of children aged between 0 and 2 years old, who do not fulfil the conditions established by GEO no. 111/2010 for parental leave and child raising indemnity.

- monthly aid for raising the child, in amount of 188 lei (15% from the minimum amount of child raise benefit), granted to persons with high/pronounced disabilities, who take care of children aged between 2 and 7 years old, who do not fulfil the conditions established by GEO no. 111/2010 for parental leave and child raise benefit.

The new legal provision has been also setting up a new type of benefit for parents who take care of a child with disability and who are active on the labour market, having a part time contract. The new benefit is 50% from the minimum child raising indemnity (625 lei) and can be cumulated with the salary.

Type of benefit

July

2011 - 2012

(lei)

2013 - 2015

(lei)

2016

(lei)

2017

(lei)

2018 -

Sem. I ~~2020~~2021

(lei)

Child raising benefit

75% from the average of the professional net incomes earned in the last 12 months before the child birth date, which cannot be less than 600 lei and more than 1.200 lei or 3.400 lei. (from October 2012 85% according to Law no..166/2012)

85% from the average of the professional net incomes earned in the last 12 months before the child birth date, which cannot be less than 600 lei and more than 1.200 lei or 3.400 lei.

85% from the average of the net incomes earned in the last 12 months from the the last two years prior to child birth date, which cannot be less than 85% of the minimum gross wage(1.063 lei until 30 January 2017)

85% from the average of the net incomes earned in the last 12 months from the the last two years prior to child birth date, which cannot be less than 85% of the minimum gross wage (minimum amount 1.233 lei from 1st February 2017)

maximum amount 8.500 lei from September 2017)

85% from the average of the net incomes earned in the last 12 months from the the last two years prior to child birth date, which cannot be less than 1.250 lei minimum amount from January 2018)

maximum amount 8.500 lei

Benefits and aids for raising the children with disabilities (granted to persons who take care of children with disabilities or for persons with disabilities who take care of children )

150/300/

450

150/300/

450

159/372/

478/531

185/432/

555/616

188/438/563/625

Insertion incentive

500

532

616/650 from 1st April 2017)

650 / 1500 (from June 2021)

Gift vouchers and nursery vouchers are value vouchers given by employers to employees who do not take parental leave and do not benefit from parental indemnity to raise children, but receive services in nurseries. The monthly amount given in the form of nursery vouchers, as of February 2021 ~~January 2019~~ is ~~450~~ 480 RON (according to the Law no. 165/2018 regarding vouchers tickets). These sums are paid by the employer, within the limits approved for staff salaries.

Type of benefit

October 2019-

-January

2020~~2015 – April 2018~~

(lei)

February 2020-

January 2021~~May 2018 - September 2019~~

(lei)

February –June 2021~~October 2019-~~

(lei)~~-Sem. I~~

~~2020~~

Nursery vouchers

~~Starting from May 440/~~

~~Starting from November 440~~460

~~450~~470

~~460~~480

Special benefits for disabled children (art. 58 praragraph (5) from Law no.448/2006):

The parent, the legal representative of a child or the person who is taking care of the child with disability based on a special protection measure, has the right to social benefits for disabled children, during the period in which the child is in his care or supervision. The amounts (~~2019~~2021) are differentiated by the degree of disability of the child as follows:

a) 60% of ISR (300 lei) in case of the child with severe disability;

b) 35% of ISR (175 lei) in case of the child with pronounced disability;

c) 12% of ISR (60 lei) in case of the child with medium disability.

Type of benefit

July 2011 - 2014

(lei)

2015 - 2017

(lei)

June 2018

(lei)

July 2018

-Sem. I 2020

Social benefits for persons who take care of disabled children (the amounts are increased starting from July 2018)

91/68/35,5

106/79/39

250/150/50

300/175/60

VII - 3. Persons protected

Article 41. C 102 and ECSS

The persons protected shall comprise, [as regards the periodical payments specified in Article 42 - ECSS]:

(a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or

(b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents.

[(c) all residents whose means during the contingency do not exceed prescribed limits – C102].

A. Please state to which of the sub‑paragraphs of this Article recourse is had.

B. Please state the classes, of persons protected in accordance with the provisions of this Article.

C. Please furnish statistical information under this Article, as follows:

i. if recourse is had to sub‑paragraph (a), in the form set out in Title I under Article 74 below; or

ii. if recourse is had to sub‑paragraph (b), in the form set out in Title II under Article 74 below.

The recourse is had under the sub-paragraph b) of this Article. The amounts of the family benefits for each dependent child are presented below.

The resident population in January ~~2019~~2020, according to TEMPO Online, was 19.328.838~~19.414.458~~ persons.Based onTEMPO Online, economically active populationin the first quarter of ~~2019~~ 2020 was 8.901.895~~8.851.743~~ persons.

In Romania, in the first quarter of ~~2019~~2020, economically active population represents about 4~~5,5~~6% of all resident population.

In accordance with Law no. 292/2011 on social assistance all Romanian citizens who are on the Romanian territory, domicile or residence in Romania, citizens of EU Member States, of the European Economic Area and Swiss Confederation, foreigners and stateless persons domiciling or residing in Romania are entitled to social assistance under the Romanian law and the EU regulations as well as the agreements and treaties to which Romania is a party, without any discrimination. The aforementioned persons have the right to be informed on the content and modalities for granting social assistance measures and actions. The right to social assistance is granted on request or ex officio, as the case may be, in accordance with the law.

The social assistance system, according to the Romanian legislation, is a component of the social protection system, and includes social services and social assistance benefits, based on the non-contributory principle.

With the entry into force of Law no. 292/2011, the syntagm "social benefits" was replaced by that of "social assistance benefits", in line with the terminology currently used in the field at European level.

Based on all these provisions, one may conclude that the reporting regarding the ECSS’ chapter on family benefits is done under subparagraph b) of Article 41.

	FAMILY BENEFITS	Monthly average number of beneficiaries 2019	Monthly average number of beneficiaries ~~Sem. I~~ 2020	Monthly average number of beneficiaries Sem. I 2021 (January –June 2021)
1.	State allowance for children	3.591.463	3.591.373~~3.643.099~~	3.635.663
2.	Allowance for family support	184.563	160.613 ~~163.141~~	154.679
3.	Placement allowance	38.912	38.158 ~~39.043~~	37.948
4.	Child raising indemnity	178.441	180.520 ~~181.427~~	177.994
5.	Insertion incentive	91.723	88.922 ~~90.901~~	83.118
6.	Special allowances to raise a disabled child Total, of which:	10.049	10.624 ~~10.470~~	11.363
	Allowance to raise a disabled child, for children with disabilities aged 3 to 7 years;	5.435	6.291~~6.061~~	7.266
	Monthly allowance given to a person with severe disabilities who do not make any income, until the child reaches the age of 3 years;	78	5759	57
	Monthly allowance given to a person with severe disabilities who do not make any income, for children aged 3 to 7 years;	162	113~~118~~	116
	Monthly allowance paid to the person that does not qualify for the parental leave and monthly allowance to raise a child, until the child reaches the age of 3 years;	89	6266	80
	Monthly support paid to the person that does not qualify for the parental leave and monthly allowance to raise a child, for children aged 3 to 7 years.	532	485 ~~500~~	485
	Monthly allowance paid to a person with severe disabilities that does not qualify for the parental leave and monthly allowance to raise a child, until the age of 2 years	680	582 ~~604~~	530
	Monthly allowance paid to a person with severe disabilities that does not qualify for the parental leave and monthly allowance to raise a child, for children aged 2 to 7 years	2.827	2.742~~2.772~~	2.525
	Monthly benefit for parents who are active on the labour market, with a part time contract and who take care of a child with disability	246	292~~290~~	304
7.	Monthly complementary budget for children	63.687	67.495~~66.146~~	72.055
	Total, of which:
	Children with severe disability	39.805	41.734~~41.222~~	43.575
	Children with pronounced disability	9.165	9.552~~9.344~~	10.158
	Children with pronounced disability	14.717	16.209~~15.580~~	18.321
	TOTAL number of family benefits granted at national level	4.232.574	4.215.824 ~~4.270.843~~	4.256.237

According to the data provided by INS, TEMPO -online-, the resident population at 1st of January ~~2019~~ 2020 on age groups, the total number of all resident children aged 0-18 years was 3.846.972~~3.870.505~~.

VII - 4. Types of Benefit

Article 42. C102 and ECSS

The benefit shall be:

(a) a periodical payment granted to any person protected having completed the prescribed qualifying period; or

(b) the provision to or in respect of children of food, clothing, housing, holidays or domestic help; or

(c) a combination of (a) and (b).

Please state to which of the sub-paragraphs of this Article recourse is had.

If recourse is had to sub-paragraph (a) or (c) please state the amount of the periodical payment made in respect of each dependent child.

If recourse is had to sub-paragraph (b) or (c) please specify the nature of the benefits in kind provided and the methods of providing them.

The recourse is had under the sub-paragraph a) of this Article. The amounts of the family benefits for each dependent child are presented below.

The specific legislation regulating the system of family allowances provides for the amount of money allocated from the state budget.

year ~~2020~~2021, 1^st semester

	FAMILY BENEFITS	Amounts (lei)	Periodicity
1.	State allowance for children: Up to 2 years or 3 years for children with disabilities After 3 years (children with disabilities) After 2 years	~~311~~427 ~~311~~427 ~~156~~214	Monthly
2.	Allowance for family support		Monthly
2.1.	Allowance for two parents families with incomes between 0-200 RON/person: · families with one child · families with two children · families with three children · families with four or more children	82 164 246 328	Monthly
2.2.	Allowance for two parents families with incomes between 201-530 RON/person: · families with one child · families with two children · families with three children · families with four or more children	75 150 225 300	Monthly
2.3.	Allowance for single-parent family with incomes between 0-200 RON/person: · families with one child · families with two children · families with three children · families with four or more children	107 214 321 428	Monthly
2.4.	Allowance for single-parent family with incomes between 201-530 RON/person: · families with one child · families with two children · families with three children · families with four or more children	102 204 306 408	Monthly
2.5.	Placement allowance - for disabled children	600 900	Monthly
8.	§ Child raise indemnity INFORMATII SUPLIMENTARE	Minimum 1.250 Maxiumum 8.500 the amounts have increased from 1st January 2018, please see pages 97-99	Monthly
9.	§ Insertion incentive INFORMATII SUPLIMENTARE	650 or 1250 from June 2021	Monthly
10.	Special benefitd/aids for raising the disabled child Allowance to raise a disabled child, for children with disabilities aged 3 to 7 years; Monthly allowance given to a person with severe disability who do not make any income until the child reaches the age of 3 years; Monthly allowance given to a person with severe disability who do not realize incomes, for children aged 3 to 7 years; Monthly allowance paid to the person that does not qualify for the parental leave and monthly allowance to raise a child, until the child reaches the age of 3 years; Monthly allowance paid to the person that does not qualify for the parental leave and monthly allowance to raise a child, for children aged 3 to 7 years Monthly allowance paid to a person with severe disability that does not qualify for the parental leave and monthly allowance to raise a child, until the age of 2 years Monthly allowance paid to a person with severe disability that does not qualify for the parental leave and monthly allowance to raise a child, for children aged 2 to 7 years. the amounts have increased from 1st January 2018, please see pages 97-99	1.250 563 438 438 188 563 188 the amounts have increased from 1st January 2018, please see pages 97-99	Monthly
11.	Social benefits for persons who take care of disabled children (the amounts are increased starting from January 2018)	300 for severe disability 175 for pronounced disability 60 for medium disability	Monthly

Starting from June 2015 entered into force the G.E.O no. 65/2014 amending and supplementing certain legal acts. According to these provisions were increased the amounts of certain family benefits such as:

- Allowance for family support, (Law no. 277/2010 on family support allowance, republished); the amounthas been increased starting from November 2014, (for two parents family the minimum amount is 82 lei and the maximum amount is 328 lei). (for single parent family minimum amount is 107 lei and the maximum amount is 428 lei).

- Placement allowance, (Law no. 272/2004 on the protection and promotion of children's rights, republished); the amount has been increased starting from 1^st December 2014, from 97 lei to the value of 600 lei, and for children with disabilities, HIV or AIDS, the sum of the amounts required for granting rights increased from 146 lei to 900 lei; procedure for determining and paying the monthly placement allowance was established by Order no. 1733/2015 of M.M.F.P.S.P.V;

- ~~Also, the single Article, point 1 of Law no. 125/2015 changed the amount of the state allowance for children provided by Law no. 61/1993 on state allowance for children. The amount was increased~~ ~~since June 2015, as follows :~~

· ~~84 lei~~ ~~for children with the age between 2 years and 18 years old, and also for young people after the age of 18 until they finish the educational courses or vocational educational courses.~~

· ~~200 lei~~ ~~for children with the age up to 2 years old or up to 18 years old, in the case of children with disability.~~

~~During the reference period (July 2018 - June 2019),~~ ~~the amounts of certain family benefits were increased, such as:~~

- ~~Child state allowance:~~ ~~the amount increased starting~~ ~~with 1^st of April 2019, according to Government Emergency Ordinance no. 9/2009:~~

o ~~150 lei~~ ~~for children with the age between 2 years and 18 years old, and also for young people after the age of 18 until they finish the educational courses or vocational educational courses.~~

o ~~300 lei~~ ~~for children with the age up to 2 years old or up to 18 years old, in the case of children with disability.~~

- Social benefits for persons who take care of disabled children: the amounts have increased starting with 1^st July 2018, such us:

o 300 lei for severe disability

o 175 lei for pronounced disability

o 60 lei for medium disability

During the reference period (July ~~2019~~ 2010 - June ~~2020~~2021) the amounts of child state allowance ~~has~~ have been increased. According to the Law no. 214/2019 on amending the article 3 from Law no. 61/1993 regarding state allowance for children, the Parliament approved the annual indexation of the state allowance for children with 100% from average annual inflation rate. ~~The~~ ~~amounts for 2020, starting with 1^st of January):~~

~~156 lei~~ ~~for children with the age between 2 years and 18 years old, and also for young people after the age of 18 until they finish the educational courses or vocational educational courses.~~

~~311 lei~~ ~~for children with the age up to 2 years old or up to 18 years old, in the case of children with disability.~~

Ø the first increase during August -December 2020:

185 lei for children with the age between 2 years and 18 years old, and also for young people after the age of 18 until they finish the educational courses or vocational educational courses.
369 lei for children with the age up to 2 years old or up to 18 years old, in the case of children with disability.

Ø The other increase starting with 1st of January 2021.

214 lei for children with the age between 2 years and 18 years old, and also for young people after the age of 18 until they finish the educational courses or vocational educational courses.

427 lei for children with the age up to 2 years old or up to 18 years old, in the case of children with disability.

VII - 5. Qualifying period

Article 43. ECSS.

The benefit specified in Article 42 shall be secured at least to a person protected who, within a prescribed period, has completed a qualifying period which may be one month of contribution or employment, or six months of residence, as may be prescribed.

Please state, for each scheme concerned, the nature and the duration of the qualifying period, if any, for title to the benefits provided in accordance with the provisions of this Article. Please summarise the rules for the computation of the qualifying period.

The eligibility conditions are presented below.

Article 43. C102

The benefit specified in Article 42 shall be secured at least to a person protected who, within a prescribed period, has completed a qualifying period which may be three months of contribution or employment, or one year of residence, as may be prescribed.

§1(f) Article 1. C102, §1(i) Article 1. ECSS

The term qualifying period means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

Allocation of family benefits covers all persons living in Romania without requiring a period of residence. The only condition of eligibility is to have the residence in Romania, no matter the period of residence. Only for the child raising benefit and for the monthly insertion incentive another condition of eligibility is to earn for 12 months incomes subject to taxation according to Fiscal Code , during the last 12 months from the last two years prior to the childbirth. We should mention that the system of social assistance, family allowances as part of it, is a non-contributory system and all the family benefits are paid from the state budget, including the child raising indemnities and the insertion incentive.

VII - 6. Level and Calculation of Benefit

Article 44. C102 and ECSS

The total value of the benefits granted in accordance with Article 42 to the persons protected shall be such as to represent:

[(a) 3 per cent. of the wage of an ordinary adult male labourer, as determined in accordance with the rules laid down in Article 66, multiplied by the total number of children of persons protected; - C102 ] or

(b) 1.5 per cent. of the said wage, multiplied by the total number of children of all residents.

A. Please furnish, under this Article, information in the form set out in Title I under Article 66 below.

B. Please also furnish the following information:

1. total amount of cash benefits granted in respect of children of the persons protected, as shown under Article 41 above;

2. total value of benefits in kind granted in respect of children of the persons protected,^{^[6]}as shown under Article 41 above;

3. total value of benefits in cash and in kind granted in respect of children of the persons protected (B. 1 + B. 2).

C. Please furnish:

i. the total number of children of all residents;

ii. the total value of benefits in cash and in kind (B .3) per cent of the wage of the ordinary adult male labourer (A) multiplied by the total number of children of all residents (C. L).

The informations requested are provided below for the reference period.

The report for the period July ~~2018~~ 2020 - June ~~2020~~ 2021 is taking into account the average monthly gross incomes in manufacturing economic activity, data source: National Institute for Statistics (INS), final pages ~~no. 142 - 144~~ of this Report.

Based on the data provided by INS (National Institute for Statistics), Statistical survey on salaries in month October ~~2018~~2019, the average monthly gross income obtained in October was ~~2.943~~3.255 lei/men employee in elementary occupations.

The total number of all resident children aged 0-18 years, the resident population at 1st of January 2020 on age groups, data source TEMPO, INS:

	~~2019~~2020
Age groups	No. of children
0- 4 years	1.002.521 ~~999.883~~
5- 9 years	966.274 ~~986.266~~
10-14 years	1.062.583 ~~1.056.093~~
15-18 years	815.594 ~~828.263~~
Total	3.846.972 ~~3.870.505~~

Year ~~2019~~2020: 1,5% X ~~2.943~~3.255 lei* X 3,846,972~~3,870,505~~ = 187,828,407,9 ~~170,863,443.22~~ lei

· for the year ~~2019~~2020, we have used the same income reported for the year ~~2018~~ 2019 because INS didn’t publish yet the average monthly gross income in month October for ~~2019~~2020.

	Amounts paid -lei-
Family benefits	2019	~~Sem.I~~ 2020	Sem.I 2021 (January –June)
1. State allowance for children	6.397.061.903	8.159.292.878 ~~6.397.061.903~~	5.213.386.928
2. Allowance for family support	370.523.767	329.038.060 ~~370.523.767~~	159.479.156
3. Placement Allowance	312.226.120	305.456.140 ~~312.226.120~~	150.017.309
4. Child raise indemnity	4.457.278.183	4.953.831.698 ~~4.457.278.183~~	2.623.845.484
5. Monthly insertion incentive	709.830.687	682.911.041 ~~709.830.687~~	319.969.146
6 .Special benefits/aids for raising a disabled child	98.742.825	110.892.422 ~~98.742.825~~	62.129.724
7. Complementary monthly budget children	86.570.370	179.400.000 ~~86.570.370~~	76.954.740
TOTAL	12.432.233.855	14.720.822.239~~12.432.233.855~~	8.605.782.487

VII – 7. Duration of Benefit

Article 45. C102 and ECSS

Where the benefit consists of a periodical payment, it shall be granted throughout the contingency.

Please indicate, with reference to Article 68 below, the provisions, if any, for the suspension of family benefit under the scheme or schemes concerned.

These provisions are already provided below for each family benefit.

VII - 8. Suspension of Benefit

Article 69. C102, Article 68. ECSS

A benefit to which a person protected would otherwise be entitled in compliance with any of Parts II to X of this Convention may be suspended to such extent as may be prescribed--

(a) as long as the person concerned is absent from the territory of the Member;

(d) where the person concerned has made a fraudulent claim;

(e) where the contingency has been caused by a criminal offence committed by the person concerned;

(f) where the contingency has been caused by the wilful misconduct of the person concerned;

The procedure for suspension of payments for family benefits is provided in special legislation regulating the system.

Payment of state child allowance is suspended when within 3 months the child's legal representative has not cashed the due rights. Resumption of payment, including payment of arrears is made on request in writing by the child's legal representative. In the event that the child's legal representative changes, state child allowance payments shall be suspended until the establishment of the new legal representative, the payment will be made, including the period of suspension. The right to the state child allowance ceases starting with the month following te one in which the granting conditions are no longer met.

Payment of allowance for family support shall be suspended in the month following the one when it is ascertained one of the situations bellow:

· during the placement or emergency placement of the child in a residential care service.

In the last semester of the year 2016 we have registered 15.750 cases of suspension of benefits for this reason. But this measure is not more applicable from January 2017.

According to Government Emergency Ordinance no. 93/2016 for establishing some measures of administrative simplification in the process of granting social assistance benefits and for establishment of some budgetary measures for these in 2016, it was proposed a flexible way of granting family support allowance, meaning that if in a family with several children of school age, one of the child accumulate unexcused absences in a semester more than 20, the right to the family support allowance will not be suspended for the rest of the family members, will be only diminished because this child will not be taken into account in determining the amount of the family support allowance. By this measure is ensured the right to family support allowance for the other children of that family who will benefit from a financial support if they attend further educational courses;

According to GEO no. 93/2016 it was eliminated also this conditionality/ obligation of the person to submit every 3 months a declaration and supporting documents attesting that conditions for granting the benefit are maintained, the beneficiary having the obligation to notify any change on family composition and the income of its members;

· in case the paying institution (county agency for payments and social inspection) finds out that the right to family support allowance was established based on inaccurate data on income or family composition or changes have occurred during their grant;

· for a period of 3 consecutive months there were registered money orders returned for the holder of the family support allowance.

· following the control of the social inspectors or of the representatives of the Court of Accounts have been found erroneous data on family composition or incomes of the beneficiaries.

Payment of the child raising indemnity and of the monthly insertion incentive can be suspended from the month following the one when it is ascertained one of the situations bellow:

a) the recipient is deprived of parental rights;

b) the recipient is removed by law from exercising guardianship;

c) the recipient no longer meets the conditions prescribed by law for custody of the child for adoption;

d) the recipient no longer meets the conditions prescribed by law to maintain the measure of placement;

e) the recipient is executing a sentence of imprisonment or detention in custody for more than 30 days;

f) the child is abandoned or is placed in a public or private care institution;

g) the beneficiary has deceased; according to Law, only the parents are considered beneficiaries of these benefits;

h) the beneficiary realizes incomes subject to tax and the child has not reached the age of 2 years, respectively 3 years, in the case of the disabled child;

i) it is found that for 3 consecutive months money orders sent by post are returned.

j) it is found that for 3 consecutive months money orders sent by post are returned.

i) beneficiary earns incomes subject to income tax by pursuing a professional activity during the parental leave and during a calendar year the level of these incomes exceeds three times the minimum amount of child raise indemnity (for ~~2018~~ 2021 35*1.250 lei=~~3.750~~6.250 lei)

Payment of rights representing child raising indemnity and monthly insertion incentive can be suspended also when the person/beneficiary no longer meets the conditions stipulated at article 12 from GEO no. 111/2010, namely:

a) is a Romanian citizen, foreign person or stateless person (the foreigners, who are not Romanian citizen and also all stateless persons, who are not considered as a national by any state);

b) has, by law, the domicile or the residence in Romania;

c) lives in Romania with the child / children for whom is requesting the rights and is in charge with his / their growth and care.

Payment of the monthly insertion incentive is also suspended from the day after the beneficiary request the right to the parental leave and no longer gets professional income subject to income tax.

Payment of the special indemnities/aids for raising a disabled child can be suspended from the month/day following the one when it is ascertained one of the situations bellow:

a) the recipient is deprived of parental rights;

b) the recipient is removed by law from exercising the guardianship;

c) the recipient no longer meets the conditions prescribed by law for custody of the child for adoption;

d) the recipient no longer meets the conditions prescribed by law to maintain the measure of placement;

e) the recipient is executing a sentence of imprisonment or detention in custody for more than 30 days;

f) the child is abandoned or is placed in a public or private care institution;

g) the beneficiary has deceased;

h) the child doesn’t have a degree of disability or, the entitled persons is assigned to another degree of disability;

i) it is found that for 3 consecutive months money orders sent by post are returned.

Payment of placement allowance can be suspended from the month following the one when it is ascertained one of the situations bellow:

a) the young person who accomplished 18 years old didn’t present the evidence of continuing the studies, day courses form, from 6 to 6 months.

b) the young person for whom a placement measure was established has accomplished 18 years old and didn’t present the evidence of continuing the measure of placement, acoording to law.

c) is found that for 3 consecutive months money orders sent by post are returned.

Payment of allowance is suspended from the day after the recipient gets professional income subject to income tax and incentive pay is suspended from the day after the recipient no longer gets professional income subject to income tax.

· Payment of family benefits: they are given as long as people meet the eligibility requirements under national law and EU regulations in the field of family benefits.

VII – 9. Right of complaint and appeal

See under Part XIII-2

The new Law of social assistance no. 292/2011 established new principles in the field of social assistance and the Social Mediation Commission is not functioning any more.

Every person who consider injured/harmed in his legitimate right or in a legitimate interest by a public authority, by an administrative act or by unsolving in legal term his claim may address to the competent administrative court to cancel the act, to recognize the right to claim or his legitimate interest and to repair the damage was caused.

The procedure for solving the requests/claims in contentious-administrative is stipulated in Law of the contentious-administrative proceedings no. 554/2004.

Before to address to the competent court of administrative contencious, the person who is considering himself/herself to be harmed in one of his/her right or in a legitimate interest through an individual administrative act has to request to the public authority or to the superior authority, if there is one, in a period of up to 30 days from the date of communication of the act, the ademption, in whole or in part, of this. In case of normative administrative act, the complain can be formulated anytime.

In the same time, the persons can address to National Agency for Payments and Social Inspection, which has the main goal to control the implementation of the legislation in the field, as well as to inspect the activity of the public and private institutions, which are responsible with the granting of the benefits and social services. To fulfill its role, this institution has the role to control, through which it is verifying the provisions of normative acts which are in force in the social assistance field.

As social assistance benefits are concerned, in case that the solicitant or, where applicable, the beneficiary of social rights consider themselves wronged by the decision issued by a public institution with regard to his/her right, he/she may address a complaint in the attention of the following institutions: the President of Romania, the Romanian Government, the Ministry of Labour and Social Protection (the Directorate for Social Benefits Policies), the National Agency for Payments and Social Inspection, the county agencies for payments and social inspection, the local public authorities (city halls, county councils, prefectures).

VII - 10. Financing and Administration

See under Part XIII-3

Social assistance is financed by funds from the state budget, local budgets, donations, sponsorships and other contributions from individuals or domestic and foreign legal entities, recipients of contributions and other sources in compliance with relevant legislation and within the available financial resources. Social assistance benefits are financed by funding from the state budget and / or local budgets.

The National Agency for Payments and Social Inspection (ANPIS) is established as a specialized body with legal personality, subordinated to the Ministry of Labour and Social Protection (MoLSP). The Agency operates with this denomination, with the respective prerogatives, since December 2011. In ANPIS’ subordination work the territorial agencies for payments and social inspection, as decentralized public services with legal personality, which aim to manage the system of social assistance benefits at the local level.

ANPIS’ aim is to provide a unified system for managing the process of granting social assistance benefits. The objectives of the Agency in the context of welfare reform are: increasing the coverage in the poorest categories of the population, reducing errors and fraud in the system, increasing the system’s efficiency by reducing beneficiaries’ administrative and private costs.

Through ANPIS’ organization and functioning, MoLSP created a uniform system for paying and administration of social assistance benefits, in order to effectively manage the funds allocated. Regarding the Agency’s impact on beneficiaries, ANPIS contributed to increasing the quality of life, inter alia, by simplifying procedures for establishing entitlement to social benefits and the actual payment. ANPIS ensures equal treatment and equal opportunities for every citizen.

From the perspective of the MoLSP, ANPIS creates the conditions to assess accurately the number of beneficiaries and the amounts spent from the state budget. At the same time, the unified information system of ANPIS, currently in the process of improving its databases of beneficiaries in cooperation with the National House of Public Pensions (CNPP), National Agency for Employment (NAE), the Civil Registry and the National Agency for Fiscal Administration (ANAF), will allow the detection of possible abuses of the beneficiaries regarding the request for social assistance benefits.

Part VIII. Maternity benefit

Romania has accepted the obligations resulting from Part VIII of C102, C183 and Part VIII of the ECSS.

Category	Information available	Information missing / questions raised by the CEACR
VIII - 1. Regulatory framework	Art.46 C102/ECSS Art.6 (1) C183
VIII - 2. Contingency covered	Art.47 C102/ECSS
VIII - 3. Persons protected		Art.48 C102/ECSS* Art.6(5) C183
VIII - 4. Medical Care		Art.49 C102/ECSS Art.6(7) C183
VIII - 5. Level and Calculation of benefit	Art.50 C102/ECSS* Art.6(2-4,6) C183
VIII - 6. Qualifying period	Art.51 C102/ECSS
VIII - 7. Minimum duration of benefit	Art.52 C102/ECSS
VIII - 8. Suspension of benefit	Art.69 C102 Art.68 ECSS
VIII - 9. Right of complaint and appeal		Art.70 C102, Art.69 ECSS
VIII - 10. Financing and Administration	Art.72 C102, Art.71 ECSS Art.6(8) C183	Art.71 C102, Art.70 ECSS*

* Please update statistical data, in accordance with the Report form for C102/ECSS.

List of applicable legislation

· Emergency Ordinance no. 158/2005 on the leaves of absence and health insurance benefits, with the subsequent amendments and supplements (initial form published in the Official Gazette no. 1074, dated November 29th, 2005), as further amended and completed;

· Order no 15/2018of the Minister of Health and of the President of the National Health Insurance House for the approval of the application norms of the Government Emergency Ordinance no 158/2005 on the leaves of absence and health insurance benefits, published in the Official Gazette no 31. Dated 12 January 2018;

· Order no. 1092/745/2020 of the Minister of Health and of the President of the National Health Insurance House approving the single medical leave certificate model and the instructions for the use and filling-in of the medical leave certificate based on which benefits are granted to the insured people within the health insurance system and within the insurance system for accidents at work and occupational diseases, as further amended and completed.

· Law No 227/2015 on the Fiscal Code, as further completed and amended;

· Government Decision No 1/2016 approving the Methodological Norms for the implementation of Law No 227/2015 on the Fiscal Code, as further completed and amended.

VIII - 1. Regulatory framework

Article 46. C102 and ECSS

Each Member (Contracting Party) for which this Part of this Convention (Code) is in force shall secure to the persons protected the provision of maternity benefit in accordance with the following Articles of this Part.

§8. Article 6. C183

In order to protect the situation of women in the labour market, benefits in respect of the leave referred to in Articles 4 and 5 shall be provided through compulsory social insurance or public funds, or in a manner determined by national law and practice. An employer shall not be individually liable for the direct cost of any such monetary benefit to a woman employed by him or her without that employer's specific agreement except where:

(a) such is provided for in national law or practice in a member State prior to the date of adoption of this Convention by the International Labour Conference; or

(b) it is subsequently agreed at the national level by the government and the representative organizations of employers and workers.

Article 1. C183

For the purposes of this Convention, the term woman applies to any female person without discrimination whatsoever and the term child applies to any child without discrimination whatsoever.

Database of the MISSOC:

Basic principles.

Benefits in kind:

Compulsory social insurance scheme for all inhabitants financed mainly by contributions.

Cash benefits:

Compulsory social insurance scheme financed by contributions for employees and self-employed, providing an earnings-related benefit.

VIII - 2. Contingency covered

Article 47. C102 and ECSS

The contingencies covered shall include pregnancy and confinement and their consequences, and suspension of earnings, as defined by national laws or regulations resulting therefrom.

§1 Article 6. C183

Cash benefits shall be provided, in accordance with national laws and regulations, or in any other manner consistent with national practice, to women who are absent from work on leave referred to in Articles 4 or 5.

VIII - 3. Persons protected

Article 48. C102 and ECSS

The persons protected shall comprise:

(a) all women in prescribed classes of employees, which classes constitute not less than 50 per cent of all employees, and, for maternity medical benefit, also the wives of men in these classes; or

(b) all women in prescribed classes of the economically active population, which classes constitute not less than 20 per cent of all residents, and, for maternity medical benefit, also the wives of men in these classes.

A. Please state to which of the sub‑paragraphs of this Article recourse is had.

Maternity benefits are granted to all women belonging to certain categories provided by employees, representing a total of at least 50% of total employees, and in terms of medical benefits in case of maternity and wives of employees included in this category.

B. Please state the classes of employees or of the economically active population protected in accordance with the provisions of this Article.

C. Please furnish statistical information under this Article, as follows:

i. if recourse is had to sub‑paragraph (a), in the form set out in Title I under Article 74 below; or

ii. if recourse is had to sub‑paragraph (b), in the forms set out in Title H under Article 74 below.

D. Please confirm that the dependent wives of men in the classes of persons protected are entitled to the medical benefits stipulated in Article 49, in accordance with the provisions of this Article.

The wife / spouse of the owner of the individual enterprise / authorized natural person who, without being registered in the trade register and authorized / authorized to operate himself / herself, is also insured in the social health insurance system for holidays and social health insurance benefits. himself as the owner of the individual enterprise / authorized natural person or without being an employee, usually participates in the activity of the individual enterprise / authorized natural person, performing either the same tasks or complementary tasks, if the holder / authorized natural person is insured / but not with income from wages or unemployment.

The quality of owner of the individual enterprise / authorized natural person is proved with the document issued by the National Office of the Trade Register according to the legal provisions, and the quality of wife / husband by the marriage certificate.

The insured have the right to leave for pregnancy and childbirth, for a period of 126 calendar days, during which time they benefit from maternity allowance.

The same rights benefit women who are no longer, for reasons not attributable to them, if they are no longer employed or unemployed if they give birth within 9 months from the date of loss of the quality of insured. The fact that the loss of the quality of insured did not occur due to reasons imputable to the person in question is proved by official documents issued by employers or their assimilates, and the indemnity is paid from the budget of the Single National Health Insurance Fund by health insurance houses. the family doctor of the insured has concluded an agreement.

Pregnancy leave is granted for a period of 63 days before birth, and leave for maternity leave for a period of 63 days after birth.

Pregnancy and maternity leave can be offset against each other, depending on the doctor's recommendation and the beneficiary's choice, so that the minimum mandatory duration of maternity leave is 42 calendar days.

Insured disabled persons benefit, on request, from leave for pregnancy, starting with the 6th month of pregnancy.

E. If recourse is had to Article 6 above (voluntary insurance), for all or any of the schemes concerned, as regards medical care, please furnish information under this Article in the form set out under Article 6.

For the medical benefits granted in case of maternity, the sub-paragraph (b) of Article 48 is applied.

Regarding the medical benefits, according to the provisions of Law no. 95/2006, republished, as further amended and completed:

- Pregnant women are insured persons like any other Romanian citizen residing in Romania and proving the payment of health insurance contributions to the Fund.

Pregnant women benefit from insurance without the contribution, under the conditions of Art. 154 of Law no. 227/2015. In case they realize the incomes stipulated in art. 155 of the Law no. 227/2018, this income is due to the social health insurance contribution according to the regulations specific.

Regarding the maternity indemnity related to the maternity and post-delivery leave of absence, the sub-paragraph (b) of Article 48 is applied.

Regarding the cash benefits for maternity, according to the provisions of Law No 95/2006, republished, republished, as further amended and completed, the protected individuals are:

- pregnant women insured as any other Romanian citizen, with the residence in Romania and proving the payment of the contribution to the National Unique Health Insurance Fund;

- pregnant women and childwives, having no income or having earnings lower than the national minimum gross basic wage, without paying any contribution to the National Unique Health Insurance Fund.

Regarding the maternity leaves and benefits within the health insurance system, the persons protected during their period of domicile or residence in Romania according to the legal provisions in force until 30.06.2020, are the following:

. A. persons who earn income from carrying out an activity on the basis of an individual employment contract, an employment relationship, a deed of secondment or a special status provided by law, as well as other income assimilated to salaries, in compliance with the provisions of applicable European legislation in the field of social security, as well as the agreements regarding the social security systems to which Romania is a party;

B. the persons who realize in Romania the incomes provided at let. A, from employers from states that are not covered by the applicable European legislation in the field of social security, as well as the agreements regarding the social security systems to which Romania is a party;

C. persons receiving unemployment benefits, according to the law.

Individuals, other than those mentioned above, may be insured in the social health insurance system, in order to benefit from holidays and social health insurance benefits, on the basis of an insurance contract for holidays and social health insurance benefits. They also have the quality of insured persons pensioners, with degree III disability pension and blind pensioners, who carry out independent activities defined according to Law no. 227/2015 on the Fiscal Code, with subsequent amendments and completions, hereinafter referred to as the Fiscal Code.

According to the provisions of Law No 95/2006, republished, as further amended and completed, the wife without own earnings and being under the care of an insured individual, benefits of health insurance without paying any contribution to the Unique Health Insurance Fund.

According to the provisions art. 224 of the Law No. 95/2006, republished, as further completed and amended, pregnant women and postpartum women benefit from insurance without payment of the contribution under the conditions of art. 154 of Law no. 227/2015, as amended and supplemented.

RF/183: please indicate the number of employed women, including those in atypical forms of dependent work, to which the qualifying conditions apply, as well as the total number of women who have been receiving cash benefits.

The number of employed women who have been receiving cash benefits between 01.07.2020 and 30.06.2021 is 68.248.~~No data available.~~

VIII - 4. Medical Care

Article 49. C102 and ECSS

1. In respect of pregnancy and confinement and their consequences, the maternity medical benefit shall be medical care as specified in paragraphs 2 and 3 of this Article.

2. The medical care shall include at least:

(a) pre-natal, confinement and post-natal care either by medical practitioners or by qualified midwives; and

(b) hospitalisation where necessary.

3. The medical care specified in paragraph 2 of this Article shall be afforded with a view to maintaining, restoring or improving the health of the woman protected and her ability to work and to attend to her personal needs.

4. The institutions or Government departments administering the maternity medical benefit shall, by such means as may be deemed appropriate, encourage the women protected to avail themselves of the general health services placed at their disposal by the public authorities or by other bodies recognised by the public authorities.

A. Please indicate in detail the nature of the benefits provided under each scheme concerned, with reference to paragraph 2 of this Article, specifying more particularly the services provided in case of hospitalisation.

B. Please confirm that, in accordance with the provisions of this Article, the beneficiary or her breadwinner is not required to share in the cost of the medical benefits provided. If the scheme provides for the reimbursement of the expenses which the beneficiary or the breadwinner was obliged to incur in order to obtain the benefits stipulated in paragraph 2, please furnish all available information to show that the beneficiary or breadwinner does not share in the cost of such benefits.

C. Please indicate in detail what measures are taken to give effect to the provisions of paragraphs 3 and 4 of this Article.

In accordance with the provisions of Law no. 95/2006, republished, as further amended and completed:

All pregnant women and boys are exempt from pregnancy, medical services related to pregnancy, and those who have no income or income below the minimum gross national salary for all medical services.

a) The medical services settled by the National Health Insurance Fund include:

Monitoring the evolution of pregnancy and lactation in primary care:

a) recording in the first quarter; a consultation is given;

b) Monthly surveillance from the 3rd to the 7th month is granted a consultation / month.

c) surveillance, twice a month, from the 7th month to the 9th month inclusive; two consultations / month are granted;

d) follow-up of lechosis at discharge from maternity - at home; a consultation is given;

e) follow up of the confinement at 4 weeks after birth; a consultation is given.

In the framework of the pregnancy monitoring, the promotion of exclusive breastfeeding of the child up to the age of 6 months and its continuation up to a minimum of 12 months, testing for HIV, hepatitis of viral etiology with B and C virus, lue of the pregnant woman, as well as other necessary paraclinical investigations, from those provided in the basic package.With the first presentation to the family doctor of the pregnant woman, the family doctor will issue the document certifying the existence of pregnancy in women.

Suppliers of primary health care services who have contracted with health insurance houses are required to register pregnant women who are not listed on another family doctor's list on their own.

Surveillance of pregnancy and lactation - in the specialty ambulatory for clinical specialties - a consultation is provided for each trimester of pregnancy and a consultation in the first trimester of birth.

For pregnancy and lactation prognosis consultations it is allowed to be presented directly to the obstetric-gynecology specialist in the outpatient clinic without the need to submit a referral note.

o In order to support pregnant women, at the level of specialized ambulatory care for clinical specialties, in addition to the services provided for this health care segment by March 31, 2018, the following medical services were introduced from 1 April 2018: purpose diagnostic - case. These medical sServices for diagnosis - case are day hospitalization services that are given in the clinical specialty ambulatory, pregnant being able to present without sending note, according to the schedule, to the specialist physician in ambulatory obstetrics-gynecology who offer such services of the insured:

1. Supervision of a normal pregnancy (in the case of pregnant women who do not have medical records demonstrating the existence in the pathological personal history of rubella, toxoplasmosis, CMV infection) * 1)

Mandatory services: Obstetrics and gynecology specialty consultations, Complete blood count, ABO blood grouping, Rh blood count, Serum uric acid, Serum uric acid, Serum creatinine, Glycemia, TGP, TGO, TSH urine (sumar + sediment), VDRL or RPR, HIV testing in pregnant women, Pregnant pregnancy assessment for pregnancy-related infections (for rubella, toxoplasmosis, CMV infection, hepatitis B and C), vaginal secretion, Babeș-Papanicolau cervical and vaginal cytology (S24 - S28 + 6 days) or Fetal Biometry (S29-S33 + 6 days) or Group B Streptococcus Detection (S34 - S37) or Glucose tolerance test per os +/- Glycotic hemoglobin +6 days), confirmation ultrasound, viability and pregnancy dating

2. Prenatal screening (S11 - S19 + 6 days) * 2)

Mandatory services: obstetrics-gynecology specialization (integrative interpretation of results), Double test / triple test, Ultrasound for the detection of fetal abnormalities (S11 - S19 + 6 days)

3. Supervision of other high risk pregnancies (gestational edema)

Obligatory services: Obstetrics and gynecology specialty consultation, Complete blood count, Serum uric acid, TGP, TGO, Complete urinalysis (sumar + sediment), Urinary protein dosing, Total serum protein, Obstetrical and gynecological ultrasound

4. Supervision of other high risk pregnancies (mild pregnancy hysteresis)

Obligatory services:Obstetrics and gynecology specialty consultation, Complete blood count, Serum sodium, Serum potassium, Complete urine test (summary and sediment), Serum uric acid, Serum uric acid, Serum creatinine, Obstetrical and gynecological ultrasound

5. Supervision of other high-risk pregnancies (evaluation of pregnant uterus in third trimester)

Required services:obstetrics-gynecology specialization, cardiotocography, obstetrical and gynecological ultrasound

*1) A single package of medical services per pregnant woman is settled, when the obstetric-gynecologist specialty is counted.

The obstetrics-gynecology medical consultation includes:

- history;

- general clinical examination;

- complete gynecological and obstetrical examination;

- recommending performing paraclinical investigations and integrating their results;

- evaluation of medical and / or obstetrical risk factors and case hierarchy;

- recommendations on pregnancy monitoring;

- recommendations on hygienic-dietary and prophylactic measures and, where appropriate, therapeutics in case of identification of a pregnancy-related pathology.

Where medical services corresponding to items 1 and 2 are granted during S11 - S19 + 6 days, they may be granted concurrently with the medical services corresponding to item 3.

*2) A single package of medical services per pregnancy is settled during S11 - S19 + 6 days of pregnancy.

The basic medical services package in specialized ambulatory care for paraclinical specialties: In addition to the investigations to which insured persons are entitled, pregnant women may carry out the following laboratory tests, settled from the Unique National Health Insurance Fund:

- Determination in pregnancy of the ABO blood group - may be recommended by both the family doctor and the clinician in the specialized ambulatory,

- Determination in pregnancy of the Rh blood group - can be recommended by both the family doctor and the specialist physician in the clinic ambulatory,

- Anti-Rh antibodies specific to pregnant women - Recommendation can be made by the specialist physician in the clinic's specialty ambulatory,

- Anti-HAV IgM - The recommendation can be made by the specialist physician in the clinical specialty ambulatory and by the family doctor only for pregnant women and contact cases diagnosed by specialized doctors,

- HIV testing in pregnant women - may be recommended by both the family doctor and the clinician in the clinic.

We mention that paraclinical investigations: Babes-Papanicolau cervico-vaginal examination, Exams from vaginal secretions - native and colorful microscopic examination, culture and bacterial identification, respectively native and colorful microscopic examination, culture and fungal identification (investigations that can be recommended including family doctor), antibiogram, antifungigram are part of the basic medical services package in special ambulatory medical care for paraclinic specialties and can be recommended for pregnant women as well as for any other insured person.

The list of paraclinical investigations of radiology - medical imaging and nuclear medicine that can be performed in the paraclinical specialty ambulatory includes also the following non-specific pregnancy-specific investigations, investigations carried out by doctors in obstetrics and gynecology with over-specialization in maternal-fetal medicine:

Obstetrical ultrasound ultrasound 2nd trimester - the recommendation can be made by the specialist physician in the clinical specialty ambulatory, and

Obstetrical ultrasound abnormal first trimester with TN - recommendation can be made by the specialist physician in the clinical specialty ambulatory.

b) The basic medical care package in hospital care includes pre-natal, intra-natal and postnatal care, where necessary.

The six types of medical services for diagnosis - the case is also found in the basic package for hospital care in the list B.4.2 - List of standardized medical services provided under day hospitalization that are also contacted in the clinic ambulatory and reimburses only if all mandatory services have been performed ~~(new list introduced since 1 April 2018)~~.

The list of medical cases (medical diagnosis) physically resolved in day hospitalization (list B.1 of Annex 22 to Order 397/836/2019 , as further amended and completed~~applicable from 1 April 2018)~~ includes gestational edema, mild pregnancy mild pregnancy, bladder infections in pregnancy, maternal care for uterine scarring due to previous surgery, while the List of Day Care Hospitals (List B.3.2 of Annex 22 to Order 397/836/2019 , as further amended and completed~~applicable from 1 April 2018~~) (eg, rubella, toxoplasmosis, CMV, hepatitis B and C) and cordonocentesis ~~(new service starting with April 1, 2018)~~, including amniocentesis, corial villous biopsy, pregnancy assessment for pregnancy risk infections.

The biopsy of corial villities is settled in pregnant women in the first trimester of pregnancy, and amniocentesis in pregnant women in the second trimester of pregnancy, performed only by obstetricians and gynecologists with over-specialization in maternal-fetal medicine, for cases with major abnormalities procedure or family genetic pathology with risk of transmission to descendants - recommended by a geneticist or risk of aneuploidy greater than 1/250 after prenatal genetic screening: combined test (echographic markers and double test or triple test) ; in their respective tariffs is included the genetic testing of the samples taken.

Cordonocentesis is reimbursed to pregnant women in the second trimester of pregnancy, performed only by obstetricians and gynecologists with over-specialization in maternal-fetal medicine, for diagnosed or therapeutic indications; in their respective tariffs is included the genetic testing of the samples taken.

Genetic testing of samples taken by coronary villous biopsy, amniocentesis or cordonocentesis is performed by one of the following techniques: cytogenetics, FISH, MLPA, QF-PCR.

In List B.4.1 - List of standardized medical services provided under day-stay care that is settled only if all mandatory services have been performed (new list introduced since April 1, 2018), there is the Monitoring of pregnant pregnancy with high risk in pregnancy with hereditary and acquired clotting disorders / thrombophilia, service comprising:

- Obstetrics and gynecology specialist counseling, Antithrombin III, Protein C, Protein S, Serum hemocysteine dosing, Serum hemocysteine control, Leyden Factor V, Anticoagulant lupus screening, Confirmation of lupus anticoagulant, Obstetrical and gynecological ultrasound

This service is provided only in obstetrics-gynecology specialties hospitals and in other sanitary units with beds, which have hierarchical units or compartments of obstetrics-gynecology and neonatology in level 3 according to HMO no. 1881/2006, as subsequently amended and supplemented.

The service is given in the first or second trimester of pregnancy with at least one of the following vascular and obstetric risk factors:

• personal history of thromboembolic disease;

• family history (relatives of grade I with thromboembolic disease or positive heredocolateral positive history of thrombophilia);

• recurrent first-trimester abortions, unknown cause;

• tasks in progress;

• premature birth;

• pregnancy-induced hypertension;

• normal insertion of placenta;

• placental insufficiency.

We would like to point out that the medical services provided to day carers can also be provided under continuous hospitalization if the patient has complications or co-morbidities at risk for the patient, major bleeding that causes the problem of volumetric replenishment, anesthetic risk difficult to manage in day hospitalization, and post-procedural pain difficult to control, major associated invasive procedures.

For the medical services provided under the hospitalization, the pregnant can be addressed for the purpose of programming any provider of hospital medical services on the territory of Romania who is in a contractual relation with a health insurance house for the types of services that the pregnant woman needs.

Hospital medical services in case of childbirth are granted without an admission ticket, regardless of the patient's insurance status and are covered by the Unique National Health Insurance Fund.

Insured persons are required to pay a monthly health insurance contribution. In case of breach of the obligation, these persons benefit from medical services within a minimum package of medical services, according to the provisions of Law no. 95/2006, republished, as further amended and completed, which includes family planning services in primary care, monitoring the evolution of pregnancy and labor in the assistance primary medical and ambulatory specialty for clinical specialties, birth.

Costs incurred in presenting pregnant women to healthcare providers who have no contract with a health insurance house are borne by the beneficiary.

In the case of pregnancy, birth and consequences, the beneficiary of the medical services or its maintenance does not bear the costs of the medical services, and according to the provisions of Law no. 95/2006, republished, as further amended and completed, all pregnant women and chil-dren are exempt from pregnancy, medical services related to the evolution of pregnancy, and those who have no income or income below the minimum gross national salary for all medical services.

The value of prescription drugs for pregnant women and chil- dren is borne by the fund at the reference price.

In accordance with the provisions of Law no. 95/2006, republished, as further amended and completed, for the prevention of illnesses, early detection of illness and health protection, policyholders, either directly or through the service providers with which the insurance houses are in contractual relations, will be permanently informed by the insurance houses on the means of preserving health, reducing and avoiding the causes of illness and the dangers to which they are exposed in the case of drug, alcohol and tobacco use.

a) The basic medical services package for medical assistance under hospitalization includes the pre-, intra- and post-partum medical care services, as the case may be, consisting of amniocentesis, biopsy of chorionic villus and~~(between June 1^st 2014 and May 31^st 2016)~~, pregnant woman assessment to identify infections risky for the pregnancy (measles, toxoplasmosis, CMV infection, B and C type hepatitis), which are provided under one-day hospitalization regime. The chorionic villus biopsy is settled for the pregnant women in the first pregnancy quarter and the amniocentesis is settled for pregnant women in the second pregnancy quarter only if carried out by physicians specialized in obstetrics/gynecology, with supra-specialization in maternal – foetal medicine.

The hospitalized medical services in case of child delivery are provided without any admission referral and are settled from the National Unique Health Insurance Fund regardless of the patient statute of insured individual.

The individuals not proving the payment of the contribution to the National Unique Health Insurance Fund shall benefit of medical services contained in the minimum medical services package that includes family planning services under primary medical assistance, monitoring of pregnancy and post-partum condition under primary medical assistance and specialized ambulatory regime and child delivery-related hospital care services.

In case of pregnancy and child birth and consequences thereof, the beneficiary of the relevant medical services or her wage earner does not bear the costs of the relevant services, and, according to the provisions of Law No 95/2006, republished, as further amended and completed, all pregnant women and childwives are exempted of the co-payment for the medical services related to the monitoring of the pregnancy and post-natal condition, while those who have no income or have earnings lower than the national minimum gross basic wage, are exempted of co-payment for all the required medical services.

The value of the drugs prescribed to pregnant women and childwives are settled from the Unique National Health Insurance Fund at the level of their reference prices.

According to the provisions of Law No 95/2006, republished, as further amended and completed, in order to prevent the sicknesses, to early identify the illness and to keep their health, the insured individuals shall be permanently advised, directly or through their medical services providers contracted by the health insurance houses, by the health insurance houses on the means intended to keep the health condition, to reduce or eliminate the sickness causes and the risks to which they are exposed if they are drug/alcohol or tobacco addicted.

VIII - 5. Level and Calculation of Benefit

Article 50. C102 and ECSS

In respect of suspension of earnings resulting from pregnancy and from confinement and their consequences, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66. The amount of the periodical payment may vary in the course of the contingency, subject to the average rate thereof complying with these requirements.

A. Please state whether recourse is had to Article 65 or to Article 66 for the calculation of the benefit.

B. Please furnish, under this Article, information, as follows:

i. if recourse is had to Article 65, in the form set out in Titles 1 and V tinder Article 65 below; or

ii. if recourse is had to Article 66, in the form set out in Titles 1 and V under Article 66 below, inability is likely to be permanent or persists after the exhaustion of sickness benefit.

To calculate the maternity indemnity, the provisions or Article 65 are applied.

The amount of the maternity indemnity is established by applying the 85% at the calculation basis established by the law.

The qualifying period in the health insurance system is obtained by summing the periods for which the contribution for medical leave allowance and indemnities is paid by the employer or insured individual, as the case may be, respectively, or were insured without payment of the contribution under the law.

Women no longer insured individuals, due to reasons not attributable to them, shall take advantage of same rights if they deliver within 9 months as of the date of loosing their health insurance. Losing the health insurance due to causes not attributable to the pregnant woman shall be proved by official acts issued by her employers or other similar officers, and the indemnity shall be settled, from the National Unique Health Insurance Fund, by the health insurance houses having contracts with the relevant family physician.

VIII - 6. Qualifying period

Article 51. C102 and ECSS

The benefit specified in Articles 49 and 50 shall, in a contingency covered, be secured at least to a woman in the classes protected who has completed such qualifying period as may be considered necessary to preclude abuse, and the benefit specified in Article 49 shall also be secured to the wife of a man in the classes protected where the latter has completed such qualifying period.

The insured women are entitled to maternity indemnity if they previously contributed to the unforeseen event for at least 6 months during the past 12 months representing the qualifying period, up to the limit of 12 national minimum wages, used to calculate the contribution for leaves of absence and indemnities.

The minimum qualifying period entitling to maternity indemnity is 6 months during the last 12 months previous to the month of the unforeseen event.

VIII - 7. Minimum duration of Benefit

Article 52. C102 and ECSS

The benefit specified in Articles 49 and 50 shall be granted throughout the contingency, except that the periodical payment may be limited to 12 weeks, unless a longer period of abstention from work is required or authorised by national laws or regulations, in which event it may not be limited to a period less than such longer period.

1. Please state whether, in accordance with the provisions of this Article, the medical benefits stipulated in Article 49 are granted throughout the contingency. Please specify also:

(a) the duration of the period during which the periodical payments stipulated in Article 50 are granted; and

(b) the duration of any period of abstention from work which may be required or authorised by national laws or regulations.

2. Please indicate, with reference to Article 68 below, the provisions, if any, for the suspension of maternity benefit under the scheme or schemes concerned.

The maternity indemnity is granted on the entire period in which the insured women take advantage of leave of absence for pregnancy and post-delivery, more precisely a period of 126 calendar days, for example, 63 days before birth and 63 days post delivery, with the possibility to compensate those periods, depending on the doctor recommendation and the individual option, so that the minimum duration of confinement leave as mandatory, to be 42 calendar days.

VIII - 8. Suspension of Benefit

Article 69. C102, Article 68. ECSS

A benefit to which a person protected would otherwise be entitled in compliance with any of Parts II to X of this Convention may be suspended to such extent as may be prescribed--

(a) as long as the person concerned is absent from the territory of the Member;

(d) where the person concerned has made a fraudulent claim;

(e) where the contingency has been caused by a criminal offence committed by the person concerned;

(f) where the contingency has been caused by the wilful misconduct of the person concerned;

The payment of indemnities shall cease starting with the date next to the day on which:

a) the beneficiary has deceased;

b) the beneficiary does no longer meet the legal requirements for granting the indemnities;

c) the beneficiary has established the domicile on the territory of a State other than Romania not having any social security convention concluded with Romania;

d) the beneficiary has established the domicile on the territory of a State other than Romania having any social security convention concluded with Romania, when such convention provided for the payment of indemnities by the other relevant State.

VIII - 9. Right of complain and appeal

See under Part XIII-2

VIII - 10. Financing and Administration

See under Part XIII-3. Common provisions.

2019 CEACR’s conclusions

Part VIII (Maternity benefits), Article 49 of the Code. Medical care free of charge. The Committee notes from the indications provided by the Government that in the case of pregnancy, birth and their consequences, beneficiaries of medical services do not bear the costs involved, i.e. are exempted from copayment for the medical services related to the monitoring of the pregnancy and postnatal condition, while those who have no income or have earnings lower than the national minimum gross basic wage are exempted from copayment for all the required medical services. Recalling that by virtue of Article 49 of the Code, all women protected shall be entitled to free prenatal, confinement and postnatal care and related hospitalization, the Committee requests the Government to specify whether women giving birth in a hospital with earnings above the national minimum wage are required to pay the usual fee of 5 or 10 Romanian lei (RON) per day or any other copayments while they are in receipt of hospital treatment.

Please provide a reply to the Committee’s request.

The medical services for which the co-payment is collected are the medical services provided in the sanitary units with beds by continuous hospitalization and the medical services provided in the specialized outpatient clinic for recovery, physical medicine and balneology;

For medical services provided in health units with beds by continuous hospitalization the minimum level of co-payment for a period of continuous hospitalization is 5 lei and the maximum level is 10 lei. The value of the co-payment is established by each health unit based on its own criteria.

For medical services of physical medicine and rehabilitation - series of procedures from the package of basic services; the minimum level of co-payment is 5 lei for the whole series of procedures, and the maximum level is 10 lei for the whole series of procedures. The value of the co-payment is determined by each provider on its own criteria.

According to the provisions of Title VIII of Law no. 95/2006, republished, as further amended and completed, all pregnant women and women are exempted from co-payment, for medical services related to the evolution of the pregnancy, and those who have no income or have incomes below the minimum gross basic salary in the country, for all medical services.

2020 CEACR’s conclusions

Part VIII (Maternity benefits), Article 49 of the Code, and Part II (Medical care), Article 10(1) and (2). Provision of medical care free of charge. The Committee takes note of the indication by the Government that, in case of pregnancy, birth and their consequences, beneficiaries of medical services do not bear the costs of the medical care required i.e. are exempted from co-payment for the medical services related to the monitoring of the pregnancy, childbirth and postnatal condition, while those who have no income or have earnings lower than the national minimum gross basic wage are exempted from co-payment for all the required medical services. The Committee also notes that hospital medical services in case of childbirth are granted without an admission ticket, regardless of the patient's insurance status and are covered by the Unique National Health Insurance Fund. The Committee further notes the clarifications provided by the Government in reply to its question as to whether women with earnings above the national minimum wage were required to pay the user fee of RON 5 or 10 per day, or any other co-payments, while receiving treatment in hospital. According to the Government, the medical services for which the co-payment is collected are the medical services provided in the sanitary units with beds by continuous hospitalization and the medical services provided in the specialized outpatient clinic for recovery, physical medicine and balneology; the minimum level of co-payment is RON 5 and the maximum level is RON 10. The value of the co-payment is established by each health unit based on its own criteria. The Government further indicates that, according to the provisions of Title VIII of Law No. 95/2006, all pregnant women and women are exempted from co-payment, for medical services related to the evolution of the pregnancy, and those who have no income or have incomes below the minimum gross basic salary in the country, for all medical services.

While noting the Government’s reply and the exemption of women with small means from co-payment in case of maternity, the Committee recalls that Articles 10(1) and (2) and 49 of the Code require that all women protected shall be entitled to prenatal, confinement and postnatal care and related hospitalization, free of charge. The Committee considers that a user’s fee of RON 5 or 10 per day of stay, even if relatively low, may constitute a barrier for certain women to access the medical care needed during childbirth and to remain in hospital as long as their condition requires after childbirth to receive post-natal care. The Committee thus requests the Government to consider removing this co-payment for all women who require hospitalization in case of maternity to receive prenatal, confinement and postnatal care and to provide information on any measures taken or envisaged in this regard.

Please provide a reply to the Committee’s request.

The co-payment is established by each health unit with beds based on its own criteria, between 5 lei (minimum level) and 10 lei (maximum level) and is collected only once for a period of continuous hospitalization. All pregnant women and women are exempt from co-payment for medical services related to the evolution of the pregnancy, and those who have no income or have income below the minimum gross basic salary in the country, for all medical services.

For physical medicine and rehabilitation services - series of procedures from the basic services package, the co-payment is established by each provider based on its own criteria, between 5 lei (minimum level) and 10 lei (maximum level) and is collected once for the entire series of procedures. All pregnant women and women are exempt from co-payment for medical services related to the evolution of the pregnancy, and those who have no income or have income below the minimum gross basic salary in the country, for all medical services.

Part XI. Standards to be complied with by periodical payments

Part	Contingency	Standard Beneficiary	C102/ECSS Percentage
III	Sickness	Man with wife and two children	45
IV	Unemployment	Man with wife and two children	45
V	Old age	Man with wife of pensionable age	40
VI	Employment injury:
	Incapacity of work	Man with wife and two children	50
	Invalidity	Man with wife and two children	50
	Survivors	Widow with two children	40
VIII	Maternity	Woman	45
IX	Invalidity	Man with wife and two children	40
X	Survivors	Widow with two children	40

Determination of the standards wage of the skilled manual male employee

Article 65. C102 and ECSS

1. In the case of a periodical payment to which this Article applies, the rate of the benefit, increased by the amount of any family allowances payable during the contingency, shall be such as to attain, in respect of the contingency in question, for the standard beneficiary indicated in the Schedule appended to this Part, at least the percentage indicated therein of the total of the previous earnings of the beneficiary or his breadwinner and of the amount of any family allowances payable to a person protected with the same family responsibilities as the standard beneficiary.

2. The previous earnings of the beneficiary or his breadwinner shall be calculated according to prescribed rules, and, where the persons protected or their breadwinners are arranged in classes according to their earnings, their previous earnings may be calculated from the basic earnings of the classes to which they belonged.

3. A maximum limit may be prescribed for the rate of the benefit or for the earnings taken into account for the calculation of the benefit, provided that the maximum limit is fixed in such a way that the provisions of paragraph 1 of this Article are complied with where the previous earnings of the beneficiary or his breadwinner are equal to or lower than the wage of a skilled manual male employee.

4. The previous earnings of the beneficiary or his breadwinner, the wage of the skilled manual male employee, the benefit and any family allowances shall be calculated on the same time basis.

5. For the other beneficiaries, the benefit shall bear a reasonable relation to the benefit for the standard beneficiary.

6. For the purpose of this Article, a skilled manual male employee shall be:

(a) a fitter or turner in the manufacture of machinery other than electrical machinery; or

(b) a person deemed typical of skilled labour selected in accordance with the provisions of the following paragraph; or

(c) a person whose earnings are such as to be equal to or greater than the earnings of 75 per cent. of all the persons protected, such earnings to be determined on the basis of annual or shorter periods as may be prescribed; or

(d) a person whose earnings are equal to 125 per cent. of the average earnings of all the persons protected.

7. The person deemed typical of skilled labour for the purposes of subparagraph (b) of the preceding paragraph shall be a person employed in the major group of economic activities with the largest number of economically active male persons protected in the contingency in question, or of the breadwinners of the persons protected, as the case may be, in the division comprising the largest number of such persons or breadwinners; for this purpose, the international standard industrial classification of all economic activities, adopted by the Economic and Social Council of the United Nations at its Seventh Session on 27 August 1948, and reproduced in the Annex to this Convention, or such classification as at any time amended, shall be used.

8. Where the rate of benefit varies by region, the skilled manual male employee may be determined for each region in accordance with paragraphs 6 and 7 of this Article.

9. The wage of the skilled manual male employee shall be determined on the basis of the rates of wages for normal hours of work fixed by collective agreements, by or in pursuance of national laws or regulations, where applicable, or by custom, including cost-of-living allowances if any; where such rates differ by region but paragraph 8 of this Article is not applied, the median rate shall be taken.

10. The rates of current periodical payments in respect of old age, employment injury (except in case of incapacity for work), invalidity and death of breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living.

Note: The information asked for below, in Titles I to VI, is required to furnish evidence, in accordance with paragraph 1 (b) of Article 74 of compliance with the statistical conditions specified in Article 65, and should be given, for each Part accepted, as indicated under the corresponding Article of each Part.

TITLE I

(Articles 16, paragraph 1; 22, paragraph 1; 28; 36, paragraph 1; 50; 56 (a) and 62(a))

A. Please summarise the rules for the calculation of the benefit and the computation of the previous earnings. Please state whether recourse is had to the provisions of paragraph 3 of Article 65, and if so, please indicate the maximum amount prescribed for the benefit or for the earnings taken into account for the computation of the benefit.

The maternity allowance is paid every month based on the certificate for pregnancy and leave presented to the employer, respectively to the health insurance house with which the natural person has concluded a contract, which constitutes a justifying payment document.

For employees, the basis for calculating allowances is determined as the average of gross monthly income in the last 6 months of the 12 months from which the contribution period is established, up to the limit of 12 minimum gross wages per month per month, on the basis of which insurance contribution for work.

For the unemployed, the calculation basis of the indemnities is determined as the average of the monthly gross income representing unemployment indemnity, from the last 6 months of the 12 months from which the contribution period is constituted, up to the limit of 12 minimum gross salaries per country, monthly.

For natural persons, other than those with income from salaries or unemployment, the calculation basis of the indemnities is determined as the average of the insured incomes, entered in the insurance contract, from the last 6 months of the 12 months from which the contribution period is constituted, until at the limit of 12 gross minimum wages per country per month.

The amount of the pension is determined by multiplying the average annual score achieved by the insured with the value of a pension point.

The average annual score achieved by the insured is determined by dividing the number of points resulting from the sum of the annual scores of the insured to the number of years corresponding to the full contribution period.

The annual score of the insured is determined by dividing by 12 the amount of monthly scores achieved in the respective calendar year.

The monthly score is calculated by reporting the gross earnings or, as the case may be, the insured monthly income, which was the basis for calculating the social insurance contribution, to the average gross earnings of that month, communicated by the National Institute of Statistics.

In the case of invalidity pensions, for the potential internship granted to persons entitled to obtain an invalidity pension, the monthly score is:

a) 0.70 points for the first degree of disability;

b) 0.55 points for the second degree of disability;

c) 0.35 points for the third degree of disability.

For the periods in which the person was unemployed, when determining the monthly score, the monthly monetary rights granted are taken into account, which constituted the basis for calculating the social insurance contribution.

In the public pension system, the pension is paid monthly.

The pension is paid personally to the holder, guardian or curator, to the person to whom the surviving child has been entrusted or placed or, as the case may be, to the agent appointed by special power of attorney.

B. Please state to which of the provisions of paragraph 6 and following of Article 65 recourse is had for selecting the skilled manual male employee to whose wage paragraph 3 of Article 65 refers.

1. Please specify more particularly:

(a) if recourse is had to sub‑paragraph (b) of paragraph 6:

i.how the division and the major group of economic activity to which the typical skilled employee belongs are determined with reference to paragraph 7; and

ii. how the typical skilled employee in the major group is chosen; or

(b) if recourse is had to sub‑paragraph (c) of paragraph 6, how the average earnings of all the persons protected are computed.

2. Please indicate, in any event, the time basis on which the wage of the typical skilled employee is calculated, with reference to the provisions of paragraph 9 of Article 65. Please confirm that, in accordance with the provisions of paragraph 4 of that Article, the same time basis is used for calculating the benefit and the family allowances.

C. Please indicate the amount of the wage of the skilled manual male employee selected as shown under B (standard wage):Please see below (Average monthly gross income obtained in month October)

1. Where the rate of benefit under the scheme concerned varies by region please state whether recourse is had to the provisions of paragraph 8 of Article 65 and, if so, please give the amount of the wage of the skilled employee selected for each region concerned.

2. Where the wage varies by region and paragraph 8 if Article 65 is not applicable, please give the amount of the median wage.

TITLE II

(Articles 16, paragraph 1; 22, paragraph 1; 36, paragraph^{^[7]} and 56 (a))

The standard beneficiary for whom the following information should be given, for each scheme concerned, is a man with a wife and two children where the previous earnings serving for the calculation of the benefit are equal to the wage of the skilled manual male employee shown in Title I, under C, above.

D. Amount of benefit granted during the time basis.^{^[8]}

E. Amount of family allowances, if any, payable during employment for a period equal to the time basis.

F. Amount of family allowances, if any, payable during the contingency for a period equal to the time basis.

G. Sum of benefit and family allowances payable during the contingency (D + F) per cent of sum of the standard wage and family allowances payable during employment (C + E).

If recourse is had to paragraph 8 of Article 65 please furnish the same information for each region concerned.

TITLE III

(Article 28)

The standard beneficiary for whom the following information should be given, for each scheme concerned, is a man with a wife of pensionable age where the previous earnings of the husband serving for calculation of the benefit are equal to the wage of the skilled manual male employee shown in Title I, under C, above.

D. Amount of benefit granted during the time basis.^{^[9]}¹

In the case of the old-age pension, there is no minimum or maximum amount of the pension, it is granted to the insured or former insured persons of the public pension system in Romania, the pension being calculated according to the information mentioned in Title I, point A.

There is the social allowance for pensioners that is granted to pensioners who have inadequate pensions.

In the case of an invalidity pension, there is no minimum or maximum contribution period to be entitled to it.

The invalidity pension is due to persons who have not reached the standard retirement age and who have lost totally or at least half of their working capacity due to:

a) work accidents and occupational diseases, according to the law;

b) neoplasms, schizophrenia and AIDS;

c) common diseases and accidents unrelated to work.

There are entitled to receive invalidity pension, also the pupils, aprentices and students having lost totally or at least half of the working capacity due to the accidents or to the professional diseases occurred during or due to the professional practice.

Also beneficiate of invalidity pension, the insured persons satisfying the military liabilities.

Persons who have lost in total or in part their working capacity and the great cripples, as a result of the participation to the fight of the Revolution’s victory from December 1989 or in connection with the revolutionary events from December 1989, having been included within a social security system previously to the date of occurrence of the invalidity due to this cause, are also entitled to this invalidity pension, no matter the working aging, while the invalidity is lasting, established under the same conditions in which there is granted the invalidity pension to the persons having suffered a working accident.

E. Amount of family allowances, if any, payable in respect of the wife during employment for a period equal to the time basis.,

F. Amount of family allowances, if any, payable in respect of the wife during the contingency, for a period equal to the time basis.

G. Sum of benefit and family allowances payable during the contingency (D + E) per cent of sum of the standard wage and family allowances payable during employment(C + E).

If recourse is had to paragraph 8 of Article 65 please furnish the same information for each region concerned.

TITLE IV

(Articles 36, paragraph 1^{^[10]}²; and 62 (a)) - not ratified

TITLE V

(Articles 16, paragraph 1; 22, paragraph 1; 28, paragraph 1; 36, paragraph 1;

50; 56 (a) and 62 (a))

The beneficiary for whom the following information should be given, for each scheme concerned, is a woman employee^{^[11]}⁵ whose previous earnings serving for the calculation of benefit were equal to the wage of the skilled manual male employee shown in Title I, under C, above.

D. Amount of benefit granted during the time basis^{^[12]}⁶.

There is no minimum or maximum amount of the pension.

There is the social allowance for pensioners.

G. Amount of benefit (D) per cent of the standard wage(C)

If recourse is had to paragraph 8 of Article 65 please furnish the same information for each region.

TITLE VI

(Article 28; 36^{^[13]}; 56 and 62)

1. Please state the methods adopted for giving effect, where necessary, to the provisions of paragraph 10 of Article 65 or of paragraph 8 of Article 66.

2. Please give the following information:

Period under review

Cost‑of‑living index

Index of earnings*

A. Beginning of period** ......................................

B. End of period** ...............................................

C. Percentage A ...................................................

.................................................

........................................

* The index of earnings should correspond to the classes of employees or economically active persons shown under the Article dealing with persons protected (Articles 27, 33, 55 or 61). If no index of earnings is available, the index of money wages may be substituted.

** The indices at the beginning and end of each period should refer to the same base.

Period under review*

Benefit

Average per

Beneficiary

I**

Benefit for

Standard beneficiary

II**

Other estimates

Of benefit level

III**

A. Beginning of period ..........................................

B. End of period ...................................................

C. Percentage A ...................................................

...............................

* This period should, as far as possible, coincide with the period referred to in the table under paragraph 2.

** Please give such data in columns I, II and III as will show the percentage variation of the benefit.

Determination of the standards wage of the ordinary adult male labourer

Article 66. C102 and ECSS

1. In the case of a periodical payment to which this Article applies, the rate of the benefit, increased by the amount of any family allowances payable during the contingency, shall be such as to attain, in respect of the contingency in question, for the standard beneficiary indicated in the Schedule appended to this Part, at least the percentage indicated therein of the total of the wage of an ordinary adult male labourer and of the amount of any family allowances payable to a person protected with the same family responsibilities as the standard beneficiary.

2. The wage of the ordinary adult male labourer, the benefit and any family allowances shall be calculated on the same time basis.

3. For the other beneficiaries, the benefit shall bear a reasonable relation to the benefit for the standard beneficiary.

4. For the purpose of this Article, the ordinary adult male labourer shall be:

(a) a person deemed typical of unskilled labour in the manufacture of machinery other than electrical machinery; or

(b) a person deemed typical of unskilled labour selected in accordance with the provisions of the following paragraph.

5. The person deemed typical of unskilled labour for the purpose of subparagraph (b) of the preceding paragraph shall be a person employed in the major group of economic activities with the largest number of economically active male persons protected in the contingency in question, or of the breadwinners of the persons protected, as the case may be, in the division comprising the largest number of such persons or breadwinners; for this purpose, the international standard industrial classification of all economic activities, adopted by the Economic and Social Council of the United Nations at its Seventh Session on 27 August 1948, and reproduced in the Annex to this Convention, or such classification as at any time amended, shall be used.

6. Where the rate of benefit varies by region, the ordinary adult male labourer may be determined for each region in accordance with paragraphs 4 and 5 of this Article.

7. The wage of the ordinary adult male labourer shall be determined on the basis of the rates of wages for normal hours of work fixed by collective agreements, by or in pursuance of national laws or regulations, where applicable, or by custom, including cost-of-living allowances if any; where such rates differ by region but paragraph 6 of this Article is not applied, the median rate shall be taken.

8. The rates of current periodical payments in respect of old age, employment injury (except in case of incapacity for work), invalidity and death of breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living.

Note: The information asked for below, in Titles 1 to V, is required to furnish evidence, in accordance with paragraph 1 (b) of Article 74 of compliance with the statistical conditions specified in Article 66, and should be given for each Part accepted, as indicated under the corresponding Article of each Part.

TITLE I

A. Please state to which of the provisions of paragraph 4 and following of Article 66 recourse is had for selection of the ordinary adult male labourer to whose wage paragraph 1 of Article 66 refers.

1. Please specify, more particularly, whether recourse is had to sub-paragraph (b) of paragraph 4; if so, please state:

i. how the division and the major group of economic activity to which the ordinary labourer belongs are determined, with reference to paragraph 5; and

ii. how the typical ordinary labourer in the major group is chosen.

2. Please indicate, in any event, the time basis on which the wage of the ordinary adult labourer is calculated, with reference to the provisions of paragraph 7 of Article 66. Please confirm that, in accordance with the provisions of paragraph 2 of that Article, the same time basis is used for calculating the benefit and the family allowances.

B. Please state the amount of the wage of the ordinary adult labourer selected (standard wage).

1. Where the rate of benefit under the scheme concerned varies by region, please state whether recourse is had to the provisions of paragraph 6 of Article 66, and if so, please give the amount of the wage of the ordinary adult labourer for each region concerned.

2. Where the wage varies by region and paragraph 6 of Article 66 is not applicable, please give the amount of the median wage.

Please see below (Average monthly gross income obtained in month October)

TITLE II

(Articles 16, paragraph 1; 22, paragraph 1; 36, paragraph 1^{^[14]} and 56 (a))

The standard beneficiary for whom the following information should be given, for e ach scheme concerned, is a man with a dependent wife and two children.

C. Amount of benefit granted during the time basis.^{^[15]}

D. Amount of family allowances, if any, payable during employment, for a period equal to the time basis.

E. Amount of family allowances, if any, payable during the contingency, for a period equal to the time basis.

F. Sum of benefit and family allowances payable during the contingency (C + E) per cent of sum of the standard wage and family allowances payable during employment (B + D).

If recourse is had to paragraph 6 of Article 66 please furnish the same information for each region concerned.

Please summarise the rules for the calculation of the benefit.

TITLE III

(Article 28)

The standard beneficiary for whom the following information should be given, for each scheme concerned, is a man with a wife of pensionable age.

C. Amount of benefit granted during the time basis.^{^[16]}

There is no minimum or maximum amount of the pension. There is the social allowance for pensioners.

D. Amount of family allowances, if any, payable in respect of the wife during employment, for a period equal to the time basis.

E. Amount of family allowances, if any, payable in respect of the wife during the contingency, for a period equal to the time basis.

F. Sum of benefit and family allowances payable during the contingency (C + E) per cent of sum of the standard wage and family allowances payable during employment (B + D).

If recourse is had to paragraph 6 of Article 66, please furnish the same information for each region concerned.

Please summarise the rules for the calculation of the benefit.

TITLE IV

(Articles 36, paragraph 1^{^[17]}; and 62 (a)) - not ratified

TITLE V

(Articles 16, paragraph 1; 22, paragraph 1; 28, paragraph 1; 36, paragraph 1; 50;

56 (a) and 62 (a))

The beneficiary for whom the following information should be given, for each scheme concerned, is a woman employee.^{^[18]}

C. Amount of benefit granted during the time basis.

There is no minimum or maximum amount of the pension.

There is the social allowance for pensioners.

F. Amount of benefit (C) per cent of the standard wage (B).

If recourse is had to paragraph 6 of Article 66 please furnish the same information for each region concerned.

Please summarise the rules for the calculation of the benefit.

Article 20. C121

1. In the case of a periodical payment to which this Article applies, the rate of the benefit, increased by the amount of any family allowances payable during the contingency, shall be such as to attain, in respect of the contingency in question, for the standard beneficiary indicated in Schedule II to this Convention, at least the percentage indicated therein of the total of the wage of an ordinary adult male labourer and of the amount of any family allowances payable to a person protected with the same family responsibilities as the standard beneficiary.

2. The wage of the ordinary adult male labourer, the benefit and any family allowances shall be calculated on the same time basis.

3. For the other beneficiaries, the benefit shall bear a reasonable relation to the benefit for the standard beneficiary.

4. For the purpose of this Article, the ordinary adult male labourer shall be:

(a) a person deemed typical of unskilled labour in the manufacture of machinery other than electrical machinery; or

(b) a person deemed typical of unskilled labour selected in accordance with the provisions of the following paragraph.

5. The person deemed typical of unskilled labour for the purpose of clause (b) of the preceding paragraph shall be a person employed in the major group of economic activities with the largest number of economically active male persons protected in the contingency in question, or of the breadwinners of the persons protected, as the case may be, in the division comprising the largest number of such persons or breadwinners; for this purpose the international standard industrial classification of all economic activities, adopted by the Economic and Social Council of the United Nations at its Seventh Session on 27 August 1948, as amended and reproduced in the Annex to this Convention, or such classification as at any time further amended, shall be used.

6. Where the rate of benefit varies by region, the ordinary adult male labourer may be determined for each region in accordance with paragraphs 4 and 5 of this Article.

8. No periodical payment shall be less than a prescribed minimum amount.

Means-tested social assistance

Article 67. C102 and ECSS

In the case of a periodical payment to which this Article applies:

(a) the rate of the benefit shall be determined according to a prescribed scale or a scale fixed by the competent public authority in conformity with prescribed rules;

(b) such rate may be reduced only to the extent by which the other means of the family of the beneficiary exceed prescribed substantial amounts or substantial amounts fixed by the competent public authority in conformity with prescribed rules;

(c) the total of the benefit and any other means, after deduction of the substantial amounts referred to in subparagraph (b), shall be sufficient to maintain the family of the beneficiary in health and decency, and shall be not less than the corresponding benefit calculated in accordance with the requirements of Article 66;

(d) the provisions of subparagraph (c) shall be deemed to be satisfied if the total amount of benefits paid under the Part concerned exceeds by at least 30 per cent. the total amount of benefits which would be obtained by applying the provisions of Article 66 and the provisions of:

(i) Article 15 (b) for Part III;

(ii) Article 27 (b) for Part V;

(iii) Article 55 (b) for Part IX;

(iv) Article 61 (b) for Part X.

NOTE: The information asked for below, in Titles I to V, is required to furnish evidence, in accordance with paragraph 1 (b) of Article 74 of compliance with the statistical conditions specified in Article 67, and should be given for each Part accepted, as indicated under the corresponding Article of each Part.

TITLE I

(Articles 16, paragraph 2; 22, paragraph 2; 28 (b); 56 (b) and 62 (b))

A. Please state how the scale determining the rate of benefit is prescribed or fixed. Please include a copy of such scale with this report.

Medical leave and social health insurance benefits, to which the insured are entitled, are:

a) medical leave and indemnities for temporary incapacity for work, caused by common diseases or accidents outside work;

b) medical leave and allowances for the prevention of illness and recovery of work capacity, exclusively for situations resulting from work accidents or occupational diseases;

c) medical leave and maternity allowances;

d) medical leave and allowances for the care of the sick child;

e) medical leave and maternal risk allowances.

The gross monthly amount of the indemnity for temporary incapacity for work is determined by applying the percentage of 75% on the established calculation basis.

The gross monthly amount of the indemnity for temporary incapacity for work, determined by tuberculosis, AIDS, neoplasms, as well as by a group A infectious disease and by medical-surgical emergencies established under the conditions provided in art. 9, is 100% of the established calculation basis.

The gross monthly amount of the allowance for the reduction of working time is equal to the difference between the calculation basis established according to art. 10 and the gross salary income achieved by the insured by reducing the normal working time, without exceeding 25% of the calculation base.

Allowance for the reduction of working time and allowance for quarantine, is supported from the budget of the Single National Health Insurance Fund.

The gross monthly amount of the maternity allowance is 85% of the calculation base

The maternity allowance is fully supported from the budget of the Single National Health Insurance Fund.

The gross monthly amount of the allowance for the care of the sick child is 85% of the calculation base and is fully supported from the budget of the Single National Health Insurance Fund.

The amount of the maternal risk allowance represents 75% of the established calculation base and is fully supported from the budget of the Single National Health Insurance Fund..

The pension calculation is determined bymultiplyingthe annual average scoreachievedby theinsuranttothe valueof apension point.

The insurant’s average annualscoreisdeterminedby dividingthe number ofpointsresultingfromaddingthe insurant’s annual scoresto the number of years corresponding to the complete contribution period.

The insurant’s annual score is determined by dividing the sum of the monthly scores (achieved that year) by 12.

The monthly score is calculated by the ratio between the monthlygrossearning or, where appropriate,themonthlyinsuredincome,which was the basis for calculating the social security contribution, and the averagegrossearningofthat month,announced by the NationalStatistics Institute.

The value of the pension point is established by the Law no. 127/2019 on the public pension system and was set for 2021 at 1442 lei.

The average gross salary, communicated by the National Institute of Statistics, is in the year 2021 of 5.380 lei.

The value of the death benefit, established by the Law on the state social insurance budget for 2021, is:

- 5.380 lei - in case of death of the insured or pensioner

- 2.6960 lei - in case of death of a family member of the insured person or pensioner

In determining thedisability pension,isgranteda potential contribution, determinedasthe difference betweenthe complete contribution, according to law and the effectively performed contribution until the date of granting of disability pension.

For the potential contribution, granted to persons entitled to receive an invalidity pension, the monthly score is:

a) 0.70pointsfordegree I ofdisability;

b) 0.55pointsfordegreeII ofdisability;

c) 0.35pointsfor the III degreeofdisability.

B. Please state whether recourse is had to the provisions of sub‑paragraph (b) of Article 67 and, if so, indicate the reductions made in the rate of benefit according to the amount of the other means of the family of the beneficiary.

TITLE II

(Articles 16, paragraph 2; 22, paragraph 2; and 56 (b))

The standard beneficiary for whom the following information should be given, for each scheme concerned, is a man with a wife and two children whose means during the contingency are lower than or equal to the substantial amounts shown above.^{^[19]}

C. Amount of benefit granted during the time basis.^{^[20]}

D. Amount of family allowances, if any, payable during employment for a period equal to the time basis.

E. Amount of family allowances, if any, payable during the contingency for a period equal to the time basis.

F. Sum of benefit and family allowances payable during the contingency (C + E) per cent of sum of the standard wage^{^[21]} and family allowances payable during employment (B₆₆ + D).

TITLE III

(Article 28)

The standard beneficiary for whom the following information should be given, for each scheme concerned, is a man with a wife of pensionable age whose means during the contingency are lower than or equal to the substantial amounts shown under Article 27 above.

C. Amount of benefit granted during the time basis.^{^[22]}

There is no minimum or maximum amount of the pension. There is the social allowance for pensioners.

D. Amount of family allowances, if any, payable in respect of the wife during employment, for a period equal to the time basis.

E. Amount of family allowances, if any, payable in respect of the wife during the contingency, for a period equal to the time basis.

F. Sum of benefit and family allowances payable during the contingency (C + E) per cent of sum of the standard

wage 3 and the family allowances payable during employment (B₆₆ + D).

TITLE IV

(Article 62 (b)) - not ratified

TITLE V

(Articles 16, paragraph 2; 28 (b); 56 (b); and 62 (b))

Note: If recourse is had to sub‑paragraph (d) of Article 67, please give the information requested in Title I under Article 66 and, in addition, the information requested below.

A. Total amount of benefits paid under the schemes concerned during the period covered by the report.

B. Total number of residents.^{^[23]}

C. Twenty per cent of the total number of residents.

Part III

Parts V, IX and X

D. Estimated annual number of days of sickness per insured person.

E. Estimated annual number of days of sickness in respect of which benefit would have been paid (C x D).

D. Presumed ratio “beneficiaries/insured persons”.

E. Presumed number of beneficiaries (C x D).

F. Total amount of benefit that would be payable according to Article 66 = percentage shown in the Schedule to Part XI multiplied by standard wage calculated as shown under Title I under Article 66 multiplied by E^{^[24]}.

SCHEDULE TO PART XI

PERIODICAL PAYMENTS TO STANDARD BENEFICIARIES

Part

Contingency

Standard beneficiary

Percentage

III

VIII

Sickness...........................................................

Unemployment................................................

Old age............................................................

Employment injury:

Incapacity for work.......................................

Total loss of earning capacity........................

Survivors......................................................

Maternity.........................................................

Invalidity..........................................................

Survivors.........................................................

Man with wife and two children.....................

Man with wife of pensionable age..................

Man with wife and two children.....................

Widow with two children...............................

Woman...........................................................

Man with wife and two children.....................

Widow with two children...............................

2019

Average monthly gross income obtained in month October

Economic activity (NACE rev. 2 Section level)	Reference period	Major occupational group (ISCO-08 1 digit level)	Average monthly gross income obtained in October (lei/employee)
			Total employees	of which: men
Manufacturing	October 2019	MG7 (Craft and related trades workers)	4004	4344
		MG9 (Elementary occupations)	3079	3255

Data source: Statistical survey on salaries in month October – based on administrative data (the statement on compulsory payments of social contributions, taxes on income and the nominal records of insured persons (D112), managed by the National Tax Administration Agency and the General register of employees (REGES) managed by Labour Inspection).

Methodological notes:

The survey on salaries in October 2019 was exclusively carried out through the exploitation of administrative data sources and is aiming at determining the number of employees by gross basic salary group and gross achieved income group, the average gross basic salary and the gross achieved average income, by gender, age groups, activities of national economy, occupation groups and occupations, in October 2019.

Taking into account the changes in data sources and coverage, starting with the reference year 2013, the results of the Statistical survey on salaries in October are not comparable with the results achieved during previous years.

Coverage:

All the active enterprises with legal status, whose main activity comply with the CANE Rev. 2 divisions, codes 01-96, excluding the activity “Public administration and defence; social insurance from the public system" (division 84). The persons with labour agreement for the categories of employee whose status is civil servant, magistrate (judge, prosecutor) and assimilated, high officials and assimilated are not included.

The estimation of results was drawn up for October 2019, for the employees with employment contract declared in the "General register of employees" (REGES), who have achieved income on salary basis and for whom the employers have filled in the "Statement on compulsory payments of social contributions, taxes on income and the nominal records of insured persons" (D112).

According to the national legislation provisions in force (GEO No. 79/2017, as subsequently amended and supplemented), the social security contribution and the social health insurance contribution paid by the employer were transferred to the employee; thus, starting with reference year 2018, these contributions are borne entirely by the employee, and reflected in the average monthly gross income.

Consequently, the indicator "average monthly gross income" produced and disseminated starting with reference year 2018 is no longer comparable to data series prior to 2018.

Definitions:

Number of employees comprises the persons with employment contract identified in the two administrative data sources (REGES and D112), with full time, paid for the whole month (23 days) in October 2019, even if they were absent from work due to medical leave days paid from the salary funds. Apprentices and part-time workers are not included.

Average monthly gross achieved income according to administrative data sources (D112) comprises the gross amounts achieved on salary basis and reported by employers for the employees, for the calculation of social insurance contributions. The gross achieved income includes the following components:

- gross basis salary established in the individual employment contract;

- bonuses, allowances and amounts granted as percentage of gross basic salary or as fixed amount, either permanent or not;

- gross amounts resulting from payment “on hourly basis”, for emergency duties and clinical benefits;

- gross amounts granted for retirement;

- other salary bonuses, stipulated by law or in the individual or collective employment contracts (bonuses, incentives, compensations, allowance for the annual holiday leave not-taken, the 13^th salary, holiday bonuses, as well as other amounts representing current income or related to previous periods);

- salary incomes, payments in kind and cash benefits that are not covered by the social security contributions (nominal value of meal vouchers, holiday vouchers, gift vouchers, transport tickets).

The following items are not included:

- gross amounts paid from the National Funds for Health Insurance (NFHI) in form of indemnities for temporary work incapacity caused illness or accidents outside the workplace, occupational diseases and work related accidents, indemnities to prevent illness and work capacity recovery, indemnities for maternity leave and other aids granted according to the E.O. no. 158/2005 regulating the holidays and health insurance benefits, with its subsequent modifications;

- gross sums paid from insurances against accidents at the workplace and occupational diseases as allowances for temporary work incapacity caused by occupational diseases and work related accidents, allowance for work time reduction or temporary having to do another job and other aids granted according to the law no. 346/2002 (republished) on insurance against work related accidents and occupational diseases, with its subsequent modifications;

- the amounts paid in the reference year, but related previous years, including backdated paid arrears as consequence of wining the lawsuits involving the money rights related to previous years.

Part XII. Equality of treatment of non-national residents

§b Article 1. C102, §e) Article 1. ECSS

the term “residence” means ordinary residence in the territory of the Contracting Party concerned and the term “resident” means a person ordinarily resident in the territory of the Contracting Party concerned;

Article 68. C102

1. Non-national residents shall have the same rights as national residents: Provided that special rules concerning non-nationals and nationals born outside the territory of the Member may be prescribed in respect of benefits or portions of benefits which are payable wholly or mainly out of public funds and in respect of transitional schemes.

2. Under contributory social security schemes which protect employees, the persons protected who are nationals of another Member which has accepted the obligations of the relevant Part of the Convention shall have, under that Part, the same rights as nationals of the Member concerned: Provided that the application of this paragraph may be made subject to the existence of a bilateral or multilateral agreement providing for reciprocity.

In accordance with the provisions of Law no. 95/2006, republished, as subsequently amended and supplemented, within the framework of the Romanian social security system are insured (the form in force at the beginning of the reference period):

- art. 222 par. (1)

a) all Romanian citizens domiciled or residing in the country;

b) foreign citizens and stateless persons who have applied for and have obtained the right to temporary stay or have their domicile in Romania;

According to article 4 of the Law no. 292/2011 on social assistance all Romanian citizens who are on the Romanian territory and have the domicile or residence in Romania, citizens of EU Member States, of the European Economic Area and Swiss Confederation, and also foreigners and stateless persons domiciling or residing in Romania are entitled to social assistance under the Romanian law and the EU regulations as well as the agreements and treaties to which Romania is a part, without any discrimination. The vulnerable persons are benefiting from measures and social protection actions whitout any restriction or preference of race, nationality, ethnic origin, language, religion, social status, opinion, sex or sexual orientation, age, political affiliation, disability, chronic illness or belonging to a disadvantaged category. The aforementioned persons have the right to be informed on the content and modalities for granting social assistance measures and actions. The right to social assistance is granted on request or ex officio, as appropriate, in accordance with the law.

Therefore, all the foreign citizen can be entitled to social assistance in Romania, and the Romanian legislation doesn’t stipulate any requirement of a period of residence in order to be entitled to the social assistance benefits.

Law no. 122/2006 on asylum in Romania, with subsequent modifications and completions, establishes the legal status of foreigners who are requesting a form of protection in Romania, the legal status of foreigners who are beneficiaries of a form of protection in Romania. According to the provisions of article 20 from Law no. 122/2006 on asylum in Romania, acknowledging refugee status or granting subsidiary protection offers the beneficiary the right to benefit from social assistance measures under the conditions stipulated by law for Romanian citizens and also the right to receive on request, within the limits of the disposable finances of the state, a reimbursable aid for a period of maximum 12 months if, due to objective reasons, one does not have the necessary financial means of existence. The amount of such aid is set to 540 lei (122 euro);

The funds necessary to grant the reimbursable aid are ensured from the budget of the Ministry of Labour and Social Protection, through the National Agency for Payments and Social Inspection and the county payments and social inspection agencies.

Part XII. Common provisions

XIII – 1. Suspension of benefit

Article 69. C102, Article 68. ECSS

See under relevant Part of the Consolidated Report.

XIII – 2. Right of complaint and appeal

Article 70. C102, Article 69. ECSS

1. Every claimant shall have a right of appeal in case of refusal of the benefit or complaint as to its quality or quantity.

3. Where a claim is settled by a special tribunal established to deal with social security questions and on which the persons protected are represented, no right of appeal shall be required.

XIII – 3. Financing and Administration

§ Article 71. C102, Article 70. ECSS

1. Please state, for each Part accepted, the resources of each scheme concerned, and, more particularly, the rate or the amount of the contributions raised on earnings for the purpose of financing the scheme, either by way of insurance contributions or of taxes.

The state socialsecuritybudgetincludesrevenuesandexpendituresof the publicpensionsystem.

The state socialinsurance budgetrevenuescome from:

a) Socialsecurity contributions,interestandpenalties for delay of payment, as well asotherrevenues, according tolaw;

b) Fundsallocatedfromthe state budgetto balance the social insurance budget,whichare approvedbythe annualbudget laws.

The state social securitybudget expenditures cover the value of the social security services in the public pension system, the expenses regarding the organizationandfunctioning ofthe publicpensionsystem, financing own investments, otherexpensesprovided bylaw.

From thestate social insurancebudget revenuesare collectedannually an amount up to3%to form a reserve fund.

Thereserve fundisusedtocoversocialinsurancebenefits incasesduly substantiatedor otherexpensesof thepublicpensionsystem, approved by the state social insurance budget law.

2. Please furnish, in accordance with the provisions of Article 74 paragraph 1 (b) the following statistical information for each of the Parts in respect of which the obligations of the Code have been accepted.

Parts to which

ratification applies

Resources allocated

to the protection of employees,

their wives and their children

(A)

Insurance contributions

borne by

the employees protected

(B)

Part II CNAS

Part III CNAS

Part IV...............................

Part V DAS + CNPP

Part VI^{^[25]}.............................

Part VIII CNAS

Part IX...............................

Part X.................................

Total...................................

..........................................................................................

_____________________________________________

..........................................................................................

........................................

____________________

........................................

3. Total in column B per cent of total in column A, above.

4. Please state to what extent responsibility has been assumed by the member for the provision of benefits.

5. Please indicate the principal changes that have been made during the period. covered by the report as regards:

i. benefit;

14% percent increase of pension benefit starting September 1 st 2020 when the pension point value was raised to 1442 RON from 1265 RON following the adoption of Government Emergency Ordinance no. 135/2020.

ii. rates of contribution;

iii. other resources.

6. Please state whether the necessary actuarial studies and calculations concerning the financial equilibrium are made periodically. Where this has not already been done, please forward the results of any such studies and calculations.

Article 72. C102, Article 71. ECSS

1. The Member (Contracting Party) shall accept general responsibility for the proper administration of the institutions and services concerned in the application of the Convention (Code).

2019 CEACR’s conclusions - Pending

Part XII (Common provisions), Article 70(2) of the Code. Collective financing of benefits. The Committee recalls that section 42 of Government Emergency Ordinance No. 79/2017 of 8 November 2017 for amending and completing Law No. 227/2015 regarding the fiscal code determines the contribution rates for the pension insurance for 2018 and 2019 to be borne by employees at 25 per cent of their gross salary, whereas employers have to pay social insurance contributions only in case of difficult or special working conditions at a rate of 4 per cent and 8 per cent of the payroll, respectively. With regard to the health insurance, section 69 of the Government Emergency Ordinance states that “the share of the social health insurance contribution is 10 per cent and is due by the natural persons who are employed or for whom there is the obligation to pay the social health insurance contribution, according to the present law”. In addition, employers are obliged to pay a contribution of 2.25 per cent of the payroll for labour insurance providing inter alia for cash sickness and unemployment benefits and benefits in case of employment injury. In its previous conclusions, the Committee therefore requested the Government to demonstrate statistically that the total of the insurance contributions borne by the employees protected does not exceed 50 per cent of the total of the financial resources allocated to the protection of employees and their dependents and children under the Code. In its response, the Government points out that the increase of the contribution rate at the expense of employees was accompanied by fiscal compensatory measures preventing that, as a result of the reform, employees experience a reduction of their net income. Moreover, the Government presents figures showing that the total contributions borne by employees amounted (in 2018) to RON69 billion, whereas the direct social benefits amounted to RON114.6 billion. The Committee observes in this respect, that these figures do not demonstrate that the total contributions borne under the new rules by employees remain below the 50 per cent authorized by the Code. The Committee also observes that the indirect social benefits such as holiday vouchers, food allowances, fiscal facilities etc. to which the Government also refers cannot be taken into account, as these benefits do not belong to the category of social security benefits falling under the ambit of the Code. The Committee therefore requests the Government once again to recalculate the figures for the year 2019 only with regard to social security benefits provided under the Code (except for family and employment injury benefits). In this context, the Committee reminds the Government that, in accordance with this Article of the Code, the total contributions paid by employers for cash sickness and unemployment benefits may also be taken into account.

Please provide a reply to the Committee’s request.

According to the Convention no. 102/1952 of ILO regarding minimal social security norms, the analysis performed by the National Commission for Strategy and Prognosis (NCSP) concerns the protected persons from the category of active population representing at least 20% of the residents along with their wives and children. In this regard, two categories of low income persons were identified, namely unemployed and farmers.

Based on the data published by the National Institute for Statistics in the Household Labor Force Survey (AMIGO), conducted in line with ILO methodology, the following numbers were recorded in 2018 and 2019:

	UM		2018	2019
Active population	thou pers.	(1)	9068.2	9033.7
Unemployed	thou pers.	(2)	379.7	353.0
Farmers	thou pers.	(3)	1731.4	1633.3
Share in active population	%	(4)=[(2)+(3)]/(1)*100	23.2	22.0

Incomes and social benefits[26] and taxes, contribution, dues, fees of the protected persons identified above were the following:

· in 2018, farmers cashed social benefits of 249.8 lei/household/month while in 2019 these social benefits increased by 14.4% reaching 285.8 lei/household/month. The expenditures of farmers with taxes, contribution, dues, fees in 2018 were 167.2 lei/household/month and in 2019 amounted 190.7 lei/household/month, up by 14.0% compared to the previous year;

· in 2018, unemployed cashed social benefits of 359.6 lei/household/month while in 2019 these social benefits increased by 16.9% reaching 420.51 lei/household/month. The expenditures of unemployed with taxes, contribution, dues, fees in 2018 were 58.05 lei/household/month and in 2019 amounted 83.3 lei/household/month, up by 43.4% compared to the previous year;

· by aggregating the incomes and expenditures for the two above categories of active population (unemployed + farmers), the followimng shares of taxes, contribution, dues, fees in social benefits are obtained: 57.8% in 2018 and 58.4% in 2019.

As a result, the conclusions of evaluation for Part XII (common provisions) are:

· the share of identified protected persons in active population in 2019 was 22.0% down from 23.3% in 2018;

· the expenditures of identified protected households on taxes, contributions, dues and fees in 2019 represented 58.4% of social benefits, by 0.6 percentage points more than in 2018 (57.8%).

[1] Source: NIS, the statistical publication “Coordinates of living standard in Romania. Population income and consumption in 2019”, and TEMPO online data base

2019 CEACR’s conclusions

Part XII (Common provisions), Article 70(2) of the Code. Collective financing of benefits. The Committee previously noted that section 42 of Government Emergency Ordinance No. 79/2017 of 8 November 2017 for amending and completing Law No. 227/2015 regarding the Fiscal Code determines the contribution rates for the pension insurance for 2018 and 2019 to be borne by employees at 25 per cent of their gross salary, whereas employers have to pay social insurance contributions only in case of difficult or special working conditions at a rate of 4 per cent and 8 per cent of the payroll, respectively. With regard to the health insurance, section 69 of the Government Emergency Ordinance states that “the share of the social health insurance contribution is 10 per cent and is due by the natural persons who are employed or for whom there is the obligation to pay the social health insurance contribution, according to the present law”. In addition, employers are obliged to pay a contribution of 2.25 per cent of the payroll for labour insurance providing inter alia for cash sickness and unemployment benefits and benefits in case of employment injury. The Government pointed out that the increase of the contribution rate at the expense of employees had been accompanied by fiscal compensatory measures preventing that, as a result of the reform, employees experience a reduction of their net income and presented figures showing that the total contributions borne by employees amounted (in 2018) to RON69 billion, whereas the direct social benefits amounted to RON114.6 billion.

While taking note of these figures, the Committee observed that they did not demonstrate that the total amount of the contributions borne by employees under the new rules remained below the 50 per cent of the total costs of the benefits received by insured employees, as required by Article 70(2) of the Code. The Committee therefore requested the Government once again to provide calculations for 2019 as regards the social security benefits provided under the Code (except for family and employment injury benefits). The Committee notes the information provided by the Government in reply to its request, on the share of contributions, dues and fees paid by farmers and unemployed persons as compared to the social benefits received by them, which, however, is insufficient to assess whether the requirements of Article 70(2) of the Code are met.

The Committee therefore once again requests the Government to provide the calculations required to demonstrate compliance with Article 70(2) of the Code for the year 2019 and 2020 by comparing the total of medical care, cash sickness and maternity benefits and old-age pensions paid on the one side with the total amount of contributions borne by employees for these branches of social security on the other side. The Committee refers the Government to the guidance provided in the report form for the Code for this purpose.

Please provide a reply to the Committee’s request.

Regarding the Government Emergency Ordinance 79/2017 for amending Law no. 227/2015 on the Fiscal Code, we specify that the issuance of this normative act aimed at reforming the public social systems in Romania, making employers responsible for the timely payment of mandatory social contributions due, as well as increasing revenue collection to the social insurance budget. It is important to mention that the measures adopted by GEO no. 79/2017 for the amendment of Law no. 227/2015 on the Fiscal Code, with subsequent amendments and completions, did not change the conditions for granting social benefits specific to social insurance systems in Romania. In this context, the reduction of the number of compulsory social contributions from 9 (employee and employer) to 3 (CAS, CASS and CAM), did not produce effects on the organization and functioning of social systems.

In fact, through the transfer of social contributions, their level decreased by only 2 percentage points, so that out of the total of 39.25% contributions that were paid at a gross salary, from 2018 37.25% are paid. Of the 22.75% contributions due by the employer, 20 percentage points were transferred to the employee. In total, from the gross salary, 35% are contributions due by the employee and retained by the employer for the employee and the remaining contributions borne by the employer, respectively 2.75% (after the transfer of 20 points to the employee), decreased to 2.25% and covers the risks of unemployment, accidents at work, sick leave, salary claims. The latter are contained in a single contribution, called a work insurance contribution.

Compared to those presented above, we mention that the transfer of social obligations did not affect the level or conditions of granting social benefits, which are established by special laws, the reform arising from the need to simplify the system of administration and collection of tax receivables.

We also specify that when establishing the quotas regarding the social insurance contribution and the social health insurance contribution provided in GEO 79/2017 for the amendment of Law no. 227/2015 on the Fiscal Code, it was considered to maintain the proportionality of the old quotas of contributions regulated in Law no. 227/2015 on the Fiscal Code, with subsequent amendments and completions, so that the tax burden does not increase. Moreover, the institutions empowered to provide social benefits did not request the change of the established percentages.

Regarding the expenses made in the period 2019-2020, we mention the following:

From the state social insurance budget were incurred in 2019 expenses in the amount of 70,907,211.2 thousand lei, of which 70,780,033.5 thousand lei are related to the public pension system (of which - from the title "Social assistance" of where the pension rights are also financed - payments were made in the amount of 69,962,349.8 thousand lei) and 127,177.7 thousand lei are related to the system for work accidents and occupational diseases.

For 2020, within the same budget, expenditures were made in the amount of 82,360,071.3 thousand lei, of which 82,236,532.5 thousand lei are related to the public pension system (of which - from the title “Social assistance from which it is financed and pension rights - payments were made in the amount of 81,323,812.2 thousand lei).

From the unemployment insurance budget, expenses in the amount of 1,701,252.8 thousand lei were made in 2019, of which 1,690,662.6 thousand lei are related to the unemployment insurance system (of which - the title “Social assistance” 591,318.4 thousand lei) and 10,590.2 thousand lei are related to the Guarantee Fund for the payment of salary claims.

For the year 2020, within the same budget, expenditures were made in the amount of 8,724,409.9 thousand lei, of which 8,623,592.5 thousand lei are related to the unemployment insurance system (of which - the title “Social assistance” 7,464,866.8 thousand lei) and 100,817.4 thousand lei are related to the Guarantee Fund for the payment of salary claims. We specify that the execution for 2020 of the unemployment insurance budget is higher than the previous year because from this budget were financed social protection measures for employees and employers in the epidemiological context caused by the spread of SARS-CoV-2 coronavirus.

From the Health Insurance Fund, expenses were made in 2020 in the amount of 45,219,043.3 thousand lei (of which 3,604,409.4 thousand lei for social health insurance benefits) and in In 2019, expenses were made in the amount of 41,801,359.1 thousand lei (of which 2,748,774.3 thousand lei for social health insurance benefits)

Regarding the incomes realized in the period 2019-2020, we specify the following:

The social insurance budget registered total revenues in amount of 70,715,014,792 thousand lei (of which: 70,530,283,717 thousand lei are related to the public pension system and 184,731,075 thousand lei are related to the system for work accidents and occupational diseases, in 2019. For 2020, the total revenues amounted to 80,766,275,996 thousand lei (of which: 80,615,352,068 thousand lei are related to the public pension system and 150,923,928 thousand lei are related to the system for work accidents and occupational diseases. Revenues from social insurance contributions for 2019 (including amounts being distributed) amount to 67,958,567,893 thousand lei (of which: 166,090,365 thousand lei are related to the insurance contribution for work accidents and occupational diseases). For 2020, revenues from social insurance contributions amount to 68,214,805,442 thousand lei (of which the insurance contribution for work accidents and occupational diseases totaled 134,203,685 thousand lei).

The unemployment insurance budget registered in 2019 revenues of 2,449,773.659 thousand lei (of which 1,162,918,020 thousand lei are related unemployment insurance contribution and 1,162,987,691 thousand lei are related to the Guarantee Fund for the payment of salary claims). For 2020, revenues amounted to 7,272,708,200 thousand lei (of which: 1,140,717,663 thousand lei are related to the unemployment insurance contribution and 1,245,442,770 thousand lei are related to the Guarantee Fund for the payment of salary claims).

The Health Insurance Fund registered revenues in amount of 41,801,359,132 thousand lei in 2019 and 44,776,374.203 thousand lei in 2020.

The income collected from the insurance contributions in 2019 (including amounts being distributed) amounted to 32.279.150,777 thousand lei (of which 1,605,699.002 thousand lei income from insurance contribution for work for holidays and indemnities) and 31,960,136,397 thousand lei in 2020 (of which 1,475,991,547 thousand lei from the insurance contribution for work for holidays and allowances), in 2020.

The state budget collected revenues of 2,879,729,574 thousand lei in 2019 and 3,153,421,210 thousand lei in 2020 from the insurance contribution for work related to the state budget.

Article 71

1. Where the administration is not entrusted to a Government department responsible to a legislature, representatives of the persons protected shall participate in the management, or be associated therewith in a consultative capacity, under prescribed conditions; national laws or regulations may likewise decide as to the participation of representatives of employers and of the public authorities.

The National House of Public Pensions is the public institution of national interest that administrates the public system of pensions, as well as the insurance system for accidents at work and occupational diseases and is paying to the insured persons any social insurance benefits and pensions.

The management of the National House of Public Pensions is ensured by the President and by the Board of Directors, composed of 19 persons. The President of the Board of Directors is the NHPP President, and the other 18 members of the Board of Directors are representatives of the Government (5 representatives appointed by the Minister of Labor and Social Protection), employers’ associations (5 representatives designated by nationally representative employers' organizations), trade unions (5 representatives designated by nationally representative trade unions)and pensioners (3 representatives designated by national pensioners' organizations).

2. The Contracting Party concerned shall accept general responsibility for the proper administration of the institutions and services concerned in the application of this Code.

Please state whether the persons protected participate in the management of the scheme or schemes concerned, or whether their representatives are associated therewith. If so, please state how participation or association is secured.

Regarding the family benefits, these are financed by funds from the state budget, not from a contributory system. The family benefits are paid by the National Agency for Payments and Social Inspection (ANPIS) which is a specialized body with legal personality, subordinated to the Ministry of Labour and Social Protection (MoLSP). Through ANPIS’ organization and functioning, MoLSPcreated a uniform system for paying and administration of social assistance benefits, in order to effectively manage the funds allocated. Please see the details in Part VII.10 Financing and administration.

Part XIII. Miscellaneous provisions

Article 74(1) of the Code. Consolidated reporting on the Code. The Committee thanks the Government for reviewing and updating the consolidated report, which greatly facilitated its assessment of the conformity of the national social security system, legislation and practice with the accepted Parts of the Code. It also notes from the information provided by the Government that the management of the National House of Public Pensions is ensured by a board of directors comprised of trade union representatives. The Committee invites the Government to provide further information on the way representatives of the persons protected (e.g. through their trade unions) also participate in the management of the National Health Insurance Fund (CNAS).

Please provide a reply to the Committee’s request.

CNAS: The Board of Directors of the National Health Insurance House consists of 9 members, with a 4-year term, including a member appointed by the nationally representative employers' confederations and a member appointed by the nationally representative trade union confederations. national;

The main role of the board is to develop and implement the national strategy in the field of social health insurance. One of the attributions of the Board of Directors is the approval of the strategy of the social health insurance system regarding the collection and use of the fund (FNUASS).

Note: The information asked for below is required to furnish evidence, In accordance with paragraph 1 (b) of Article 74, of compliance with the statistical conditions specified in the corresponding Article of each Part accepted, as indicated under the corresponding Article of each Part.

TITLE I

(Articles 9 (a)[AT1]; 15 (a)[AT2]; 21 (a), 27 (a)[AT3]; 33; 41 (a)[AT4]; 48 (a)[AT5]; 55 (a) and 61 (a))

A. Number of employees protected:^{^[27]}

i. under general scheme ............................................. .........................................

ii. under special schemes: ........................................... .........................................

scheme for .................................................................. .........................................

.................................................................................... .........................................

––––––––––––––––––––

iii. Total....................................................... .........................................

B. Total number of employees^{^[28]}

Employment, by age groups and gender

	-persons-
Year 2019	Q I 2020	Q II 2020	Q III 2020	Q IV 2020
8680325	8519532	8504660	8555369	8504666

Data source: Labour force survey (LFS)

C. Number of employees protected (A iii.) per cent of total number of employees (B).

Please state how these data are computed and give dates of reference.

TITLE II

(Articles 9 (b); 15 (b)[AT6]; 27 (b)[AT7]; 41 (b)[AT8]; 48 (b)[AT9]; 55 (b); 61 (b) and 66 (b))

A. Number of economically active persons protected:¹

i. under general scheme ............................................. .........................................

ii. under special schemes: ........................................... .........................................

scheme for .................................................................. .........................................

.................................................................................... .........................................

––––––––––––––––––––

iii. Total...................................................... .........................................

Family benefits:

According to Law no. 292/2011 on social assistance all Romanian citizens who are on the Romanian territory, domicile or residence in Romania, citizens of EU Member States, of the European Economic Area and Swiss Confederation, foreigners and stateless persons domiciling or residing in Romania are entitled to social assistance benefits (also family benefits) under the Romanian law and the EU regulations as well as the agreements and treaties to which Romania is a party, without any discrimination. The right to social assistance benefits is granted on request or ex officio, as the case may be, in accordance with the law.

Further details and administrative data regarding family benefits are included in Part VII 3 Persons Protected.

B. Total number of residents^{^[29]}

Resident population at 1st of January

			-persons-
Year	Total	0-14 years old	15-64 years old	65+ years old
2019	19414458	3042242	12775859	3596357
2020	19328838	3031378	12635697	3661763

Data source: Population statistics

C. Total number of economically active persons (A iii.) per cent of total number of residents (B).

Economically active population, by age groups and gender

-persons-

	Year 2019	Q I 2020	Q II 2020	Q III 2020	Q IV 2020
	9033695	8901895	8986826	9027855	8974705

Data source: Labour force survey (LFS)

Please state how these data are computed and give dates of reference.

TITLE III

(Article 9(c)[AT10])

A. Number of residents protected^{^[30]}

B. Total number of residents^{^[31]}

Resident population at 1st of January

			-persons-
Year	Total	0-14 years old	15-64 years old	65+ years old
2019	19414458	3042242	12775859	3596357
2020	19328838	3031378	12635697	3661763

Sursa: Population statistics

C. Number of residents protected (A) per cent of total number of residents (B)

TITLE IV

(Articles 15 (c);[AT11] 21 (b); 27 (c); [AT12]55 (c); and 61 (c))

A. Please give the rules applied to determine whether a resident is entitled to benefit during the contingency covered.

B. Please indicate, more particularly:

i. the amount of the means of any description which excludes a resident altogether from entitlement to benefit;

ii. the amount of the means of any description which is allowed without a reduction of the full benefit.

III. Please state to what authorities the application of the above‑mentioned legislation and administrative regulations, etc., is entrusted, and by what methods application is supervised and enforced[AT13]. In particular, please supply information on the organisation and working of inspection.

The National House of Public Pensions is the public administration institution that manages the public pension system and provides pensions and other social insurance benefits. Its main role is to implement the policies in the field of pensions and other social insurance rights designed by the Ministry of Labor and Social Protection. The National House of Public Pensions’s pivotal tasks are set out through Government Decision no. 118/2012 on the approval of the Statute of the National House of Public Pensions, with subsequent amendments and completions.

The National House of Public Pensions fulfills also the tasks listed in art. 138 of Law no. 263/2010 on the unitary public pension system, with subsequent amendments and completions. In order to implement the provisions of Law no. 263/2010, the NHPP shall have mainly the following attributions:

- to guide and control the manner in which the legal provisions are applied by the territorial pension offices;

- to supply the data required for the substantiation and elaboration of the state social insurance budget;

- to establish, the technical means of keeping the records of the taxpayers to the public system of pensions, the social insurance rights and obligations;

- to organize the cooperation with similar institutions from other countries, in view of the coordination of the social insurance benefits in their own field of competence, for migrant workers;

- to collect and transfer the social insurance contributions and other types of contributions, according to the legal provisions in force;

- to follow up the collection of the incomes of the state social insurance budget, to organise, guide and control the activity regarding the enforcement of the budgetary claims, according to the legal provisions in force;

- to take steps, under the terms of the law, for the development and the efficient administration of the patrimony of the public system of pensions, as well as to preserve its integrity;

- to take steps, under the conditions of the law, to protect the social insurance funds;

- to ensure the record-keeping at national level of all taxpayers to the public system of pensions;

- to ensure the record-keeping at national level of the social insurance rights, based on the social insurance personal code number;

- o) to control, coordinate and organize the activity of medical investigation and work-capacity rehabilitation;

- to apply the provisions of the international social insurance conventions, which Romania is a party to, as well as all the Community regulations and develop relations with similar bodies in the field of social insurance from other countries, within the limits of the competences provided by the law;

- to organise the selection, training and professional improvement of the staff within the social insurance field;

- to ensure the implementation, extension, maintenance and protection of automated computing and recording systems;

- to provide representation before the judicial courts in the litigations it which is involved as a consequence of applying the provisions of this Law;

- to ensure the export abroad of the benefits determined according to legal regulations in the field;

- to fulfil any other attributions.

The exercise of the powers incumbent on the NHPP, according to the law, shall be subject to the control by the Ministry of Labour and Social Protection.

Family benefits:

Social assistance benefits are financial transfersgranted by from the state budget.

Regarding the family benefits, the following institutions have attributions in this field:

Ministry of Labor and Social Protection through the Directorate Social Benefits Policies:

* elaborates the legislation, strategies, programs, reports in the field of social assistance (social assistance benefits, family policies and social inclusionprograms);

* monitors and evaluates the implementation of the national legislation and strategies in this field;

* provides methodological guidance for the activity of National Agency for Payments and Social Inspection and for the institutions from county and local level with attributions in this field.

National Agency for Payments and Social Inspection (NAPSI):

* ensures an efficient and integrated system of payment for all the social assistance benefits;

* has an important role in prevention of error, fraud and corruption in this field;

* ensures the coordination, the methodological quidance and the control of the county agencies for payments and social inspection;

* keeps the evidence of the persons which are entitled to social assistance benefits (SAFIR IT system).

County Agencies for Payments and Social Inspection (41 counties agencies and one municipal agency in Bucharest):

* applies the legislation regarding social assistance benefits;

* informs and guides the beneficiaries about their rights and obligations;

* process the documents and verifies eligibility conditions for establishing entitlement to social assistance benefits;

* establishes the right to social asistance benefits and makes the payments of all the social assistance benefits;

* keep the evidence of the persons which are entitled to social assistance benefits (SAFIR IT system).

Further details about the NAPSI are included in Part VII 10 Financing and administration.

IV. Please state whether courts of law or other courts have given decisions involvingquestions of principle relating to the application of the Parts in respect of which the obligations of the Code have been accepted. If so, please supply the text of these decisions.

V. Please add a general appreciation of the manner in which the Code is applied in your country, including for instance extracts from official reports as well as information concerning the practical difficulties encountered in the application of the Code.[AT14]

Regarding the family benefits Part VII, we didn’t identify any practical difficulties in the implementation of the Code. As we have already mentioned above, according to Law no. 292/2011 on social assistance, all Romanian citizens who are on the Romanian territory, domicile or residence in Romania, citizens of EU Member States, of the European Economic Area and Swiss Confederation, foreigners and stateless persons domiciling or residing in Romania are entitled to social assistance benefits (also family benefits) under the Romanian law and the EU regulations as well as the agreements and treaties to which Romania is a party, without any discrimination.

[1]. As regards Part VIII (Maternity Benefit), voluntary insurance is admitted only for the provision of medical care. Accordingly, among the persons (men or women) voluntarily insured for medical care, only those who are also compulsorily insured in respect of suspension of earning should be included in these figures.

~~[2]~~ ~~http://www.insse.ro/cms/ro/content/popula%C5%A3ia-rezident%C4%83-la-1-ianuarie-2019-%C5%9Fi-migra%C5%A3ia-interna%C5%A3ional%C4%83-%C3%AEn-anul-2018~~

[3] The index of earnings should correspond to the classes of employees or economically active persons shown under the Article dealing with persons protected (Article 27, 33 or 61). If no index of earnings is available, the index of money wages may be substituted.

[4] The indices at the beginning and end of each period should refer to the same base.

[5] The indices at the beginning and end of each period should refer to the same base.

[6]. The benefits or subsidies the value of which is shown under this item should include only the benefits granted in respect of children of the persons protected as shown under Article 41. Accordingly, if account is to be taken of certain benefits or subsidies, such as free or subsidised school meals, etc., then the value of such part only of these benefits or subsidies as is granted to children of the persons protected should be calculated or estimated, and information should be furnished as to the methods applied in calculating such value.

[7]. Under Article 36 the information requested should be given for the benefit granted in case of incapacity for work and for the benefit granted in case of total loss of earning capacity likely to be permanent.

[8]. For invalidity benefit (Article 56 (a)), please indicate the length of the qualifying period required of the standard beneficiary, specifying whether recourse is had to paragraph 1, 3 or 4 of Article 57.

[9]. Please indicate the length of the qualifying period required of the standard beneficiary specifying whether recourse is had to paragraph 1, 3 or 4 of Article 29.

[10]. For death of breadwinner.

[11]. For survivors' benefit (Article 36, paragraph 1 and Article 62 (a)), the beneficiary should be a childless widow.

[12]. For maternity benefit (Article 50) the amount of which varies in the course of the contingency, the amount should be the average amount. Please indicate, in this event, the amount of the benefit

i. during the first week;

ii. during the following 11 weeks; and

iii. during any subsequent period.

[13]. As regards Article 36 (employment injury) the information requested under Title VI should be given for each of the contingencies covered except incapacity for work.

[14]. Under Article 36 the information requested should be given for the benefit granted in the case of incapacity for work and for the benefit granted in case of total loss of earning capacity likely to be permanent.

[15]. For invalidity benefit (Article 56 (a)) please indicate the length of the qualifying period required of the standard beneficiary, specifying whether recourse is had to paragraph 1, 3 or 4 of Article 57.

[16]. Please indicate the length of the qualifying period required of the standard beneficiary, specifying whether recourse is had to paragraph 1, 3 or 4 of Article 29.

[17]. For death of breadwinner.

[18]. For survivors' benefit (Article 36, paragraph 1 and Article 62 (a)) the beneficiary should be a childless widow.

[19]. See under Article 15, 21 or 55, as the case may be.

[20]. For invalidity benefit (Article 56 (b)), please state the length of the qualifying period required of the standard beneficiary, specifying whether recourse is had to paragraph 1 or to paragraph 3 of Article 57.

[21]. The standard wage in this case is the wage of the ordinary labourer the amount of which is shown in Title I under Article 66

[22]. Please state the length of the qualifying period required of the standard beneficiary, specifying whether recourse is had to paragraph 1 or to paragraph 3 of Article 29.

[23]. This number should comprise all residents, including children and old people.

[24]. The data requested in this Title relate exclusively to the last stage of the calculation which has to be made if recourse is had to Article 67 (d). In fact, it is necessary to make an estimate of the cost which would have been incurred during the period of reference under a fictitious system that provided benefits complying with the requirements of Article 66. Such a calculation may require extensive actuarial studies and its results will depend on the bases and the hypotheses used by the Contracting Party. A Contracting Party wishing to have recourse to Article 67 (d) will therefore have to furnish proof, involving the calculations referred to, that its actual system of social assistance costs at least 130 per cent of the cost that would be incurred under the fictitious system above‑mentioned. Please explain the methods applied, the bases used and the hypotheses assumed in making the estimates given in Title V.

[25]. The resources allocated to benefits in case of employment injury should not be included in this table if such benefits are provided under a special branch.

[27]. Dependants who are protected in their breadwinner's right should not be included in this number.

[28]. This number should comprise all employees, including civil servants and, for Parts II, III, V, VII, VIII, IX and X, also unemployed persons.

[29]. This number should comprise all residents, including children and old people.

[30]. This number should comprise all persons protected, including those protected in their breadwinner's right.

[31]. This number should comprise all residents, including children and old people.

[AT1]CNAS

[AT2]CNAS

[AT3]DAS + CNPP

[AT4]DPBS

[AT5]CNAS

[AT6]CNAS

[AT7]DAS + CNPP

[AT8]DPBS

[AT9]CNAS

[AT10]CNAS

[AT11]CNAS

[AT12]DAS + CNPP

[AT13]CNAS

DAS

CNPP

DPBS

[AT14]CNAS

DAS

CNPP

DPBS