2011 - The application of the European Regulations for social security systems' coördination in the...

THE APPLICATION OF THE EUROPEAN REGULATIONS FOR THE APPLICATION OF THE EUROPEAN REGULATIONS FOR SOCIAL SECURITY SYSTEMS’ COORDINATION IN THE FIELD OF SOCIAL SECURITY SYSTEMS’ COORDINATION IN THE FIELD OF

APPLICABLE LEGISLATION AND PENSIONS APPLICABLE LEGISLATION AND PENSIONS

Maria Luiza Socol Florescu, NHPPMaria Luiza Socol Florescu, NHPP 1

The role of NHPP in the application of The role of NHPP in the application of EU Regulations EU Regulations – COMPLEX – COMPLEX


The role of the territorial houses of pensions in the application of EU Regulations


Application Instructions - R. 1408 and R. 574


Application Instructions R. 883 and R. 987


NHPP – COMPETENT INSTITUTION IN ESTABLISHING THE APPLICABLE LEGISLATION (1)



statistical data - I



statistical data - IIThe destination MS preferred by the Romanian workers and especially by The destination MS preferred by the Romanian workers and especially by the Romanian employersthe Romanian employers

GERMANY: 48279 E 101 and A1 issued – 50.28%

ITALY: 15803 E 101 and A1 issued – 16,46%

FRANCE: 11437 E 101 and A1 issued – 11,91%

BELGIUM: 4734 E 101 and A1 issued – 4,93%

NETHERLANDEN: 4068 E 101 and A1 issued – 4.24%

SPAIN: 2510 E 101 and A1 issued – 2,61%

15Maria Luiza Socol Florescu, NHPP

NHPP – COMPETENT INSTITUTION FOR DETERMINIG THE APPLICABLE LEGISLATION (10)

statistical data - III

E 101 E 101 andand A1 A1 issued iissued in n the relation with Hungarythe relation with Hungary 1665 – 1,73% of the total number of certificates attesting the applicable legislation,

Hungary holding the 7th position in the top of preferences of Romanian employers posting a number of their employees on the territory of other E.U. MS :

2007: 136 E 101, most of all in industry 2008: 245 E 101, most of all in industry 2009: 563 E 101, in agriculture, industry,construction and even services provision 01.01 – 30.04.2010: 122 E 101, most of all in industry 01.05 – 31.12.2010: 449 A 1, în agriculture, industry and construction 01.01 – 30.06.2011: 148 A 1, most of all in agriculture, industry and construction

No major problems were faced in the relation with Hungary as regards the determination of applicable legislation



statistical data- IV

Unattractive destinations for employers and self employed from Romania Unattractive destinations for employers and self employed from Romania

There were not issued E 101 forms, A1 portable documents for the following states:

1. Estonia2. Malta3. Liechtenstein4. Ireland


SETTING AND PAYMENT OF PENSIONS AWARDED TO MIGRANT WORKERS (1)

In almost 5 years of application of the EU regulations, within the Romanian public pensions system, were gradually adopted, all the necessary measures for establishing and payment of pensions rights awarded to migrant workers:

1. HR measures:1. Department of international relations within NHPSI 2. International pensions compartment within all THPs3. Organizing professional training seminars for the experts from THPs

2. Issuing Instructions for the application of R. 1408/71 and 574/72, even since 2007, being periodically reviewed and updated and subsequently published in the O. J.

3. A legal and procedural framework for the benefits' export abroad

4. A program meant to integrate all European forms used within the Romanian public pensions system, and in the same time the calculation formula for the “European” pension awarded within the public system,

1. to create a database containing information of the processed pension files or in process 2. to assure a right and faster calculation of the pension rights established in the application of EU regulations



In practice, some of these guiding principles may not still be fully complied with, in the absence of electronic data exchange.

The county houses of pensions continue to face the same problems as before the 1st of May 2010, with a view at:

The non-transmission of documents certifying the contributory periods accomplished before the 1st of April 2001 (the information regarding the subsequent periods are collected in the database of NHPP)

The transmission of insurance documents translated in a foreign language, incomplete, un-readable, non-approved by institution as regards the compliance with the original documents

The non-transmission of documents attesting periods assimilated to insurance periods, e.g. periods of attending higher forms of education, periods of military active duty

The non-filling, on the forms of application E 202, E 203, E 204, with some information necessary for setting and/or payment of pensions, as well as the death date, the marriage date, bank details



In practice, some of these guiding principles may not still be fully complied with, in the absence of electronic data exchange.

The county houses of pensions continue to face the same problems as before the 1st of May 2010, with a view at:

The request to transmit the E 210 form for notification of retirement decision, without the transmission of forms equivalent to retirement claims E 202, E 203, E 204

The non-use of E 001 forms of notification or request of information The non-transmission of medical report form E 213 on the start date of

procedure for setting disability pension benefits The transmission of E forms or of the documents requested by a competent

Romanian institution to the liaison body or to another competent institution The non-communication of Romanian personal numeric code within the E

forms



statistical data - I



statistical data - II

Most pension files in the application of E.U. Regulations are solved by the following county Most pension files in the application of E.U. Regulations are solved by the following county pension houses pension houses ::

1. Timiş county pension house2. Sibiu county pension house3. Arad county pension house4. Bucharest house of pension 5. Braşov county pension house6. Mureş county pension house7. Bihor county pension house8. Cluj county pension house9. Satu Mare county pension house10. Harghita county pension house

⇒ Until the 30th of June 2011, 2828 000000 pensions were set



statistics - II

IIn n the the relarelationtion withwith HuHungarngaryy, , most pension files in the application of E.U. most pension files in the application of E.U. Regulations are solved by the following county pension housesRegulations are solved by the following county pension houses::

1. Bihor county pension house2. Cluj county pension house3. Harghita county pension house4. Covasna county pension house5. Mureş county pension house



THE BILATERAL ROMANIAN – HUNGARIAN RELATIONS - I



THE BILATERAL ROMANIAN - HUNGARIAN RELATIONS - II



THE BILATERAL ROMANIAN - HUNGARIAN RELATIONS - III



THE BILATERAL ROMANIAN - HUNGARIAN RELATIONS - IV


SETTING AND PAYMENT OF PENSIONS AWARDED TO MIGRANT WORKERS(15)

THE BILATERAL ROMANIAN – HUNGARIAN RELATIONS - V

The last bilateral meeting - Bucharest, on the 25th and 26th of October 2011, event honored by the participation of the managers of the two liaison bodies of both states - NHPP and ONYF.

Legal and practical aspects related to the Romanian – Hungarian cooperation on pension matters, e.g.:

Legal status of persons out of the scope of coordination Regulations Survivors benefits for claimants whose deceased spouse or parent has been

awarded a Hungarian pension in application of the former social policy agreement Calculation of pensions by taking the study periods completed abroad into account Practical problems faced in implementing the legal instruments at bilateral level (as

those already mentioned above) Proposals for accelerating pension award procedures



THE BILATERAL ROMANIAN - HUNGARIAN RELATIONS - VI



THE BILATERAL ROMANIAN – HUNGARIAN RELATIONS - VII


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