The evolution of the social security system in Romania

Author:Brîndusa Marian
Pages:76-88
SUMMARY

Social security is an area of major importance in a society in continous change. Insuring persons for different types of risks (illness, poverty, death) has represented an important component from the moment the very first system of social security was set up in Germany. Outlined for the first time in 1895, the social security system in Romania has been developing continuously ever since and its evolution is characterized by a constant correlation with the evolution of the needs of the society. In present, the social security system includes both the social insurance component and the social assistance one and tends towards globalization through the process of coordinating the social security systems of EU member states.

 
CONTENT
76 BRÎNDUŞA MARIAN
THE EVOLUTION OF THE SOCIAL SECURITY SYSTEM
IN ROMANIA
Brînduşa MARIAN
Abstract
Social security is an area of major importance in a society in continous change. Insuring
persons for different types of risks (illness, poverty, death) has represented an important component
from the moment the very first system of social security was set up in Germany. Outlined for the
first time in 1895, the social security system in Romania has been developing continuously ever since
and its evolution is characterized by a constant correlation with the evolution of the needs of the
society.
In present, the social security system includes both the social insurance component and the
social assistance one and tends towards globalization through the process of coordinating the social
security systems of EU member states.
Keywords: Public Law, social security, evolution, system
JEL Code: K23, K32
Introduction
Social security represents a field of major importance within any society,
having implications upon the protection of citizens against poverty,
marginalization and exclusion and against risks, upon the well-being of people but
also upon the national economy1. Social security is a guarantee that every person
can have the material means to insure its own and its familys’ subsistence, in
conditions of risk. These risks can be of social nature or of economic nature that can
determine the reduction or even loss of the capacity of a person to earn. Social risks
are considered those events that impact the economic situation of individuals by
The article was presented at the National Conference "100Years of Law", held at Tîrgu-Mureş
on 21 October 2018. The conference was organized by theTransylvanian Association for Culture
within the project "100 Years in 10 Days" financed by theMinistry of Culture and National Identity.
Lecturer, Ph.D., University of Medicine, Pharmacy, Sciences and Technology of Tîrgu Mureş,
Romania, brindusam2002@yahoo.com
1Costel Gâlc, The Concept of Social Security, in Labour law and social security law Review, no.
1/2008, p. 12.
Law Review vol. VIII, issue 2, Jul
y
-December 2018, pp. 76-88
The evolution of the social security system in Romania 77
either dimishing the incomes or, in another point of view, increasing expensis.
Social risks can be of different nature, either physical, of professional origin (work
accident or professional illness) or of extraprofessional nature (illness, maternity,
invalidity, agedness, death). Also, risks can be economic, generated by a series of
situations when the work force finds itself in incapacity to work due to lack of
employment opportunities2.
Covering risks has been different from one period to another and is different
from one state to the other. The needs of people and the risks that people have
been exposed to over time have determined the apparition of social security
systems based on solidarity.
Evolution aspects of social security systems
Previous to the industrial revolution, social protection was carried out through
the Church. This was the institutions that took care of social assistance and charity
actions. In England, in the year 1601, the state assumed a charitable role by
adopting the so-called poverty law that insured assistance for sick and disabled
persons3. In France, money was collected from every mine, for the purpose of
insuring medical assistance for those wounded and sick, free of charge4.
Social security systems appeared relatively late, the first one being the social
security system implemented during the times of Otto von Bismarck as a concept
associated with the new concept of state. At that time, it was considered that the
state is responsible not only for the protection of human rights but also for the
promotion of the well being of its citizens, especially for those found in need,
through the institutions and means it has at its disposal5. The german security
system envisaged, in the first instance, measures of social insurance, the insured
risk being that of labor incapacity as a consequence of work accidents. From a
legislative perspective, laws were enacted concerning insurances against sickness
(1883), laws regarding insurances for work accidents (1884) and laws on insurances
for old-age and invalidity (1889). This system had, as a unique target group,
workers that were employed in industry and earned a professional income
situated lower than the threshold set by law. The benefits given were directly
proportional to the professional income, having the role of replacing these;
participation in the system was mandatory and the financing was done by
providing subsidies from the state budget6.
2Alexandru iclea, Social Security Law, Bucharest, UniversulJjuridic Publishing House, 2009, p. 5.
3Cecilia Deme, The Role of Social Policies in the State of Well-Fare, in Transylvanian Revue of
Administrative Sciences, no. 1/2006, p.39.
4Ibidem.
5Cecilia Deme, cited above, p.39.
6Alexandruiclea, Laura Georgescu, Social Security Law, Universul Juridic Publishing House,
Bucharest, 2015, p. 9; Sorin George Toma, Health Systems. The German Model, p.10.
78 BRÎNDUŞA MARIAN
Following the German model, Sweden, Denmark and England7 set up their
own social security systems, some of these covering also the protection of those
unemployed. In the USA, in 1935, the Social Security Law was adopted and
regulated a system of benefits for those unemployed. The law also provided for
social assistance policies for marginalized persons and insurances covering old-age
and death for the families of the workers8.
The social security law from New Zeeland, from 1938, brings an element of
novelty – the desire to completely abolish the state of need of poor persons and
therefore provided, in a first form, the right of any citizen to social insurance. The
beneficiaries of this law were citizens that earned incomes situated at a lower level
than the minimum provided by the law. The benefits granted were fix and uniform
and had the purpose of insuring a proper life standard and not to become a
replacement income for the professional one. The financing of the system was
covered through a tax on income9.
In England, in 1942, the report of Lord Beveridge concerning the existing
social-economic status promoted the idea of spreading the social security policy to
the level of the entire population, and thus empowering the idea of social security.
The report made references to the high number of risks that existed, and the
allowances offered by the system were uniform10.
The Evolution of the Social Security System in Romania
In Romania, the need for a social security system has crystalized in a multi-
stage process, once the occupational system has developed and the occupational
hierarchy set11.
In the 1800s, the existing crafts associations have initiated actions to set-up
certain funds from subscriptions, for the purpose of covering risks such as disease
and old-age for those members of the crafts associations that needed such support.
As such, in the Romanian Country Region and Moldova Region existed the “The
Mercy Box”12 and in Transylvania these were called “Brotherly Chests”13.
7In 1938, for the first time, social insurance benefits are granted to all persons, regardless of the
state of provenance.
8Alexandruiclea, Laura Georgescu, cited above, p. 10.
9Ibidem.
10Ibidem.
11Costel Gâlc, The Emergence and Development of the Social Security System in Romania, in
Romanian Labour Law Review, no. 1/2006.
12At the end of the XVIIIth century, for the purpose of insuring the social protection of the poor
population in Moldova, a foundation named “The Mercy Chest” was created – Anatolii Rojco,
Eleonora Ciobanu, Evolution of the Social Protection Sy stem of the Population of Moldova (retrospection), in
the Economy Institute Annals, Finance and Statistics , p.141.
13 The mutual aid organizations existed on the territory of Transylvania in the XVIIIth century
under the name of “Chests of brotherly keep”(1722 - Reşia, 1890 - Saschiz) and had the role of
The evolution of the social security system in Romania 79
At the end of the XIXth century, given the industrial revolution, the category
of industrial workers appears, category depending entirely on the amount and
payment regularity of salaries. Initially, the so-called “Aid Associations” were set-
up, with funds constituted from the subscriptions paid by all its members. Later, in
1873, “aid companies” and “mutual aid companies” appeared14.
Shortly after the social security system was set-up in Germany, an inchoate
form of such a system appeared in Romania also – the insurance of workers.
In 1895, mandatory social insurances were regulated, for persons that were
employed in the mining industry and in the oil industry, by the adoption of the so-
called Mine law. Mutual companies and pensions funds were also set-up and the
funds of these were constituted through the equal contribution of the employer
and the workers. The Handcrafts Law of 1902 provided for the constitution of a
corporate-based system of social insurances, the beneficiaries being the hancrafts-
men exclusively15.
In 1910 the “Sanitary Law” was adopted and this legislative act provided for
the set-up of “aid and illness companies”. The funds were made up of
contributions, in equal parts, from workers and employers. The Neniescu16 Law in
1912, that regulated handcrafts, credit and labor insurances, introduced insurances
for the case of illness and death and also, with a mandatory character, old-age,
invalidity and accidents insurances. The workers, the employers and also the state
contributed to the constitution of these funds, but their contributions were
different. For labor accidents, the funds were constituted exclusively from the
contributions of the employers. For cases such as illness, maternity or death the
contributions belonged exclusively to the employees. For the payment of invalidity
or old-age pensions, the contributions were equally divided between the employer,
the employees and the state, each contributing with one third.
In 1918, on the territory of Romania, the law was not unitary and in fact 3
laws were applicable: the Romanian law in the Old Kingdom, the Hungarian law in
Transylvania and the Austrian law in Bucovina Region17.
Following the economic crisis that underwent in the 1929-1933 period, the
Law for the unification of social insurances from all the regions and provinces of the
keeping amounts of money for the crafts and of aiding the craftsmen from these crafts associations at
different events: marriages, christianings, deaths or in case of fires, plagues, floodings. Gabriel
Stnil, The Role of Mutual Aid Companies of Retired People in the context of Local Development, in Life
Quality Review, p. 176.
14 The History of Insurances in Romania, https://legeaz.net/dictionar-juridic/istoria-asigurarilor-
in-romania. The History of the Evolution of Social Security Systems.
15Alexandru iclea, Laura Georgescu, cited above, p. 10.
16 Published in the Official Gazette, no. 236, of January 27th, 1912.
17 Marian Preda (coord.), The Pension Insurance System in Romania in the Transition Period: Major
Problems and Solutions, Study no. 9, European Institute in Romania – Impact Studies (PAIS II),
Bucharest, p. 10.
80 BRÎNDUŞA MARIAN
country was adopted. The Ioaniescu Law was the first law in the field of social
insurances that was applied in a unitary manner on the entire territory of Romania.
This law provided that the management of the social insurance system belonged to
the employers and the state. However, the risk of old-age was not insured, there
weren’t any support systems in case of unemployment and farmers were not
included in the category of insured persons. The law assimilated professional
diseases to labor accidents and the payment of assistance in case of labor incapacity
was done from the very first day. According to this law, the contribution for social
insurance was paid by both the employees and the employer, equally, and the
level of this contribution was set at 6%. The state had the obligation to grant
subsidies only for the pension’s funds. This obligation remained mandatory for the
state until 1944.
In 1938 a new law18 was adopted according to which social insurance funds
were set-up through a unique contribution of 8% applied to the medium salary of
the contribution class19, payable in equal parts by the employees and the
employers. The cuantum of this contribution increased to 14% in 1944. Payment of
this contribution was done by the employer that deduced the part of the
contribution belonging to the employee from its salary.
The social insurance system for old-age was altered in 194420, the autonomous
pension funds were eliminated, as well as 100 private pension funds.
State social insurances appeared in 1949. Through the provisions of Law no.
10/1949 for the organization of state social insurances and the constitution for social
insurance funds, social insurances were entirely taken over by the state, the
enterprises and state institutions. Pension funds, at their turn, were taken over and
administrated by the state. The cuantum of old-age pensions was situated at the
level of 50-80% of the salary21.
18Law no. 3499/1938 of social insurances, published in the Official Gazette no. 237 from October
12th, 1938. According to this law, crafts associations had the right to “Create and lead institutions with an
economic character, in the interest of their own members, as well as production or consumption cooperative
societies or institutions with a social character, or mutual aid funds, institutions that will have, nevertheless,
separate accountings”.
19 There existed 8 classes.
20Law no. 641/1944 for the abolishment of anti-jewish legislative measures, published in the Official
Gazette no. 248 from December 19th, 1944, provided that jew public servants that had been averted
from the offices they occupied had the right to receive pensions and that the period of time that they
had been suspended for will be considered as “usefull time” that will be taken into account for the
pension, without the obligation of paying to the Pension Fund. “In those cases when the public servant
had deceased, either before or after it was released form its office, the General Pensions Fund is obliged to
regulate and pay the pension rights to its lawfull succesors, at the time of the death, and in those situations when
the payment of the pension was suspended, the amounts of money not paid in the past will be paid
retroactively”.
21 Marian Preda, Cristina Doboş, Vlad Grigoraş, The Pension Insurance System in Romania in the
Transition Period: Major Problems and Solutions, IER, 2004, p.18.
The evolution of the social security system in Romania 81
Social insurances, after 1949, became the main pillar of social protection in
Romania, while unemployment benefits and social insurance benefits were not
recognized. In these conditions, a great percentage of the social protection
expenses were allocated towards the social insurance fund, these expenses being
concentrated especially on granting pensions (for old-age, invalidity, survivors
pensions) and also other types of benefits (in case of illness, death, maternity).
In 1953 contributions to social insurances were set-up and the percentage of
these contributions was different depending on the field of activity, varying from
5% for the household staff employed by workers to 15% for those employed in the
coal-mining industry. The amounts allocated for the coverage of social risks were
restricted and the funds were distributed for financing certain objectives that had
no connection with the social protection system.
The legislation in force underwent numerous alterations and add-ins, through
the provisions of Law no. 27/1966 regarding state social insurance pensions and
suplimentary pension22, the provisions of Law no. 3/1977 concerning state social
insurance pensions and social assistance23 and the provisions of Law no. 4/1977
regarding pensions and other social insurance rights of the members of agriculture
production cooperatives24.
The provisions of Law no. 3/1977 lead to a deterioration of the conditions set
for obtaining the pension, regarding the required age for retirement and the
contributory period of time25. The beneficiaries of the right to pension were those
that had carried-out “a labor in sectors of material or social and cultural production,
usefull for the society26. The amount of the pension was established in relation to the
contribution each person has brought to the development of the society and was
differentiated according to the period of service, the received retribution and the
labor group. The law also regulated the right to invalidity pension of persons that
totally or partially lost their ability to work. The funds for the payment of pensions
were constituted from the contributions paid by the socialist units but also from
the state budget. The retirement age was set at 62 years for men and 57 years for
women and the minimum contributory period of time was 30 years for both men
and women equally. Law no. 3/1977 also provided the right of persons that
fulfilled the contributory period requirements to retire at the age of 60 years in case
of men and 55 years in case of women. Also, certain reductions of the retirement
age were permited for women that had 3 or more children and for persons that
22Published in the Official Buletin, no. 17-18 from February 1st, 1969.
23Published in the Official Buletin, no. 82 from August 6th, 1977.
24Published in the Official Buletin, no. 61 from July 8th, 1977.
25Costel Gâlc,The concept of social security, in Labour law and so cial security law Review, no. 1/2008,
p. 12.
26Article 1 of Law no. 3/1977 concerning state social insurance pensions and soc ial assistance.
82 BRÎNDUŞA MARIAN
were classified into group I and II of labor. The amount of the pension was
calculated by taking into account the last 5 consecutive years worked27.
After 1989, social insurances and social assistance have suffered changes
regarding the organization, the financing and the types of benefits provided. The
reforms in social areas were slow and difficult and had a negative impact on the
social protection system. During the 90’s, normative acts were elaborated that
provided social reparation measures that benefited to different categories of the
population. Concerning the financing of the social insurance system, we can
mention that a unique tax rate for social insurance was established – 20%, payable
by both natural persons and legal persons that employed personnel, rate that was
increased in 1991 to 22% after the compensation of the price of drugs was
introduced. New measures were initiated and legally regulated such as the
increase of the contribution and its differentiation according with the frequency
every social risk appeared and the advantages certain categories of employees
benefited of. The state social insurance budget derived from the State budget and
became one of the components of the National Consolidated Public Budget.
For the purpose of ensuring equity between different categories of insured
persons, differentiated contributions were introduced in the attempt of having a
closer correlation between the contribution paid during the labor period and the
benefits obtained at retirement age, depending of the labor group in which the
insured had worked in. The contribution owed by legal and natural persons that
hired contractual labor force was established differentiated at 25-35% from the
earning of the employees, including in these differentiated contributions also a 2%
for compensated prices for drugs.
The suplimentary pension funds, the social insurance fund for peasant, the
unemployment fund, the risk and accident fund and the special health fund were
also included in the category of funds dedicated to social protection.
Law no. 3/1977 was altered by Law no. 49/1992 for the amendment of certain
regulations in the social insurance legislation. This legislative act brought changes that
were determined by the need to insure the functionality of the system. The pension
was established by taking into account, as calculation basis, the average of the basic
pay and certain categories of increments of the last consecutively worked 5 years,
chosen from the last 10 years of activity. New provisions were introduced
concerning the supplementary pension. This was made up of the contributions
paid by legal and natural persons that used hired employees, contributions that
were transferred into a special account at the Deposit and Consignment Office28.
Law no. 19/2000 regarding the public system of pensions and social insurances
was adopted in the year 200029. The public system of pensions was configured
27Law no. 3/1977 concerning state social insurance pensions and so cial assistance.
28Published in the Official Buletin no. 107 from 26th of May 1992.
29Published in the Official Buletin no. 140 from 1st of April 2000.
The evolution of the social security system in Romania 83
based on the harmonization between the social protection system and the
communitary principles regarding non-discrimination. The public system was
therefore organized based on a series of principles: the principle of unicity, the
principle of equality, of social solidarity, the binding principle, the principle of
contributivity, the principle of distribution and the principle of autonomy. The
Pensions and other social insurances Fund was set up, having legal personality
and attributions in operating the public system of pensions. In the subordination of
the National Pensions and other social insurances Fund30 county Pensions Funds
and the Pensions Fund of the city of Bucharest were set-up under the
denomination of territorial Pensions Funds. The law established the categories of
persons that had to be insured as well as the right of persons that were not part of
this category to benefit from insurance on the basis of an insurance contract31. The
law also etablished the categories of pensions, as follows: the pension for reaching
the age limit, anticipated pension, the partially anticipated pension, the invalidity
pension and the survivors’ pensions. The standard age for retirement was 60 years
for women and 65 for men. The minimum period of contribution was 10 years and
this period was to be increased up to 15 years, while the maximum period of
contribution was 30 years for women and 35 years for men. The contribution quota
were set differently depending of the work conditions: normal, special, distinctive.
The amounts of money exempted from the obligation to pay the social insurance
contribution were not taken into consideration in establishing the cuantum of
social insurance payments. Besides the right to pension, Law no. 19/2000 also
regulated the benefit for temporary incapacity to work, caused by ordinary
illnesses or by accidents that took place outside the work place and the work
hours, professional diseases and labor accidents; allowances for preventing
diseases and for the recovery of the labor capacity; the maternity allowance; the
allowance for raising the child or taking care of the sick child; the death allowance.
A new methodology to calculate the cuantum of the pension was introduced,
based on a score, taking into consideration the level of the contributions paid for
each year of work. The level of the pension was determined by multiplying the
average year score made by the insured person during the contribution time-
period and the value of a pension point32.
The public pension system regulated only those categories of employees that
benefited from pensions and the pensions for the military personel was regulated
separately33.
30 Pension and other social insurance rights National Fund.
31 See article 5 of Law no. 19/2000 2000 regarding the public system of pensions a nd social insurances.
32 The value of a pension point is the same for all types of pensions, from the month the
retirement started.
33 Law no. 164/2001 regarding state military pensions.
84 BRÎNDUŞA MARIAN
In 2004 Law no. 411/2004 concerning the private managed pension’s funds34 and
Law no. 249/2004 on occupational pensions35 were adopted.
The financial resouces of private managed pension’s funds, set-up on the basis
of the provisions of law no. 411/2004 were made-up of the net contributions
converted to fund units, the rights dued to beneficiaries and that are not claimed
within the general limitation period, the interest rates and the interest received on
account of late payment of contributions that are not transferred on time as well as
the amounts of money earned from investing the revenues.36 A pensions’ fund
needs a number of 50.000 members from the category of persons that are insured
and aged over 35 years, which have to contribute to the pension fund. The
contribution to the pensions’fund is part of the individual contribution to social
insurances owed to the public pensions system. The calculation basis, the with-
holding system and the payment time-frames were the same as in the case of the
contribution to social insurances.
Law no. 249/2004 regarding occupational pensions37 establishes the principles
for setting-up optional schemes for occupational pensions and occupational
pensions’ funds; the principles that found the way in which administrators of such
funds are organized and function, as well as the coordination of the activities
carried out by other entities involved in this field; the regulation and prudential
supervising of the occupational pensions system. The right to propose an optional
occupational pension scheme belongs to: the employer and the union or,
depending on the case, the representatives of the employees through the collective
labor contract at the level of the unit, group of units or branch; to the employer by
itself or by association with other employers if a collective labor contract lacks
or/and the union law38. It is the obligation of the employer to withhold and
transfer the contributions of the employees that are participants to an optional
occupational pension scheme and lack of payments or incomplete payments
trigger the criminal liability of the employer39. Accession to an occupational
pension scheme is optional. The contribution of the participant to the occupational
pension scheme of up to 200 euro annually from its annual salary income is
deductible from its gross salary.
At present, the organization of the public pension system is founded upon the
provisions of Law no. 263/2010 regarding the unitary system of public pensions40, with
ulterior amendments. This law has abolished the provisions of Law no.19/2000
34 Published in the Official Buletin no. 482 from July 18th, 2007.
35 Published in the Official Buletin no. 600 from July 5th, 2004.
36 Article 3 from Law no. 411/2004 concerning the private managed pension’s f unds.
37Published in the Official Buletin no. 600 from July 5th, 2004.
38Article 1 from Law no. 249/2004.
39Article 5 from Law no. 249/2004.
40Published in the Official Buletin No. 852 from December 20th, 2010.
The evolution of the social security system in Romania 85
regarding the public system of pensions and social insurances as well as the provisions
of Law no.164/2001 regarding military state pensions as well as the provisions
regarding the retirement age limits set for certain social-professional categories.
According to the law, military personel in function, police officers, public servants
with a special status from the system of prison administration, from the field of
national defence, public order and national security are integrated into the unitary
pensions’ system41. Besides the teritorial social insurance funds, sectoral social
insurance funds were set-up. According to the law in force, the standard
retirement age is 63 for women and 65 for men. The minimum contribution period
is 15 years for both women and men and the full contribution period is of 35 years.
The value of the pension point is set through the provisions of the pension law.
From the social insurance budget, besides the pensions, the following types of
benefits are set up: for professional diseases and work accidents, for the prevention
of illness and for the recovery of the labor capacity, maternity indemnifications,
indemnifications for raising and taking care of children, allowances for death. The
indemnity for temporary labor incapacity is cofinanced from the social insurance
budget by the employer. Social contributions cover social insurances,
unemployment insurance and the health insurance, as well as the contribution to
the state fund for disabled persons.
In order to increase the sustainability of the public pension system, certain
types of benefits were transferred from the social insurance budget to the state
budget, such as the indemnity for raising a child until the age of 2 or the age of 3,
in case of children with disabilities, or to the health social insurance budget, such
as the indemnity for temporary labor incapacity, maternity indemnification,
indemnification for raising a sick child etc.
Law no. 263/2010 has gone through numerous amendment procedures, since
it’s entering into force up until present times. In 2017 the category of mandatory
insured persons suffered amendments, and the conclusion of an insurance based
on an insurance contract is accessible to any person that wished to benefit from an
age limit pension or to supliment their insured income42. The amendments brought
by G.E.O. 103/2017 are significant since it abolished those provisions concerning
military personel, respectively sectoral insurance funds. At the same time, the
legislation allows the so-called “pension cumulus”.
The present social security system comprises not only social insurances but
also social assistance. Social assistance is a component of social security and is
41 Soldiers and decorated volunteers that carry out their activity based on an individual labor
contract; military personel in activity; soldiers and decorated volunteers; police officers, public
servants with a special status from the prison administration system, from the field of national
defence, public order and national safety.
42 GEO no. 103/2017 for the amendment of certain legislative act in the field of social insurance.
Published in the Official Buletin no. 1010 from December 20th, 2017.
86 BRÎNDUŞA MARIAN
made up of the legal provisions that put into application social protection
programs intended for families with children, certain categories of underaged
persons, old persons that are retired and also not retired, adults with deficiencies
and other categories of beneficiaries. Social assistance benefits are non-
contributory. Social assistance programs43 are aimed at persons that are in a state of
social need and poverty. Through social assistance programs the following goals
are pursued: improvement of work, life and living conditions of the population,
the promotion, support of the actions and factors that determine social cohesion,
the promotion and support of social solidarity. Therefore, legal provisions have
been adopted that provided for the minimum guaranteed income for all citizens44,
insuring also the access to fundamental social rights45 and measures for preventing
and fighting social marginalization. The national social insurance system is based
on the principles of solidarity and efficiency.
At present, one of the most stringent issues for all the social security systems,
after the accession to the EU, is their coordination. EU regulations do not replace
the national legislation of each state in the field of social security, but seeks to
coordinate the national systems of social security in the context of free movement
of persons. States have the liberty to decice what types of social insurance benefits
they wish to provide, in what conditions, how to calculate the contributions and
what type of contributions must be paid. European regulations establish merely
the common rules and principles that must be complied with by all member states
as well as the institutions that have competences in this field so that the persons
that exercise their right to stay in different EU countries are not negatively affected.
Therefore, persons that enjoy the status of workers cannot be disadvantaged
compared with the natives of those states on the issue of accessing social insurance
benefits46.
In 2004, Regulation no. 883/200447on the coordination of social security systems
was adopted, establishing common provisions regarding the protection of social
43 For the purpose of aiding those that are in need, help under the form of value cupons for
house heating are granted and the limits set for the net income per each member of the family have
been increased as well as the quota of these benefits in relation to the increase in the price of utilities.
Emergency benefits are also granted in cases of state of need due to natural calamities, fires and
accidents, financial aid for undergoing medical treatments and forein surgical interventions; benefits
for preventing and fighting against social marginalization; state allowances are paid to children;
allocation for supporting the mono-parent family, for the protection of elderly, the protection of
young people that leave the child protection system and the protection of roma population.
44 Law no. 416/2001 regarding the guaranteed minumum income published in the Official Buletin no.
401 from July 20th, 2001.
45 Medical insurance, emergency aid, house heating benefit, social benefit paid to the spouses of
those that carry out the mandatory military service and allowance for new born babies.
46 ILO 2010 – The Coordination of Social Security Systems in the EU, p. 1.
47 Published in the OJEU no. 166 from 30th of April 2004 and amended by Regulation (CE)
no. 988/2009; Regulation (CE) no. 1244/2010 of the Commission, Regulation (CE) no. 1224/2012 of
the Commission.
The evolution of the social security system in Romania 87
security rights in the situation of travelling in the EU, in Iceland, Liechtenstein,
Norway, Switerzland, and Regulation no. 987/2009 laying down the procedure for
implementing Regulation no. 883/2004 on the coordination of social security systems48.
Regulation no. 883/2004 on the coordination of social security systems makes
references to all the areas of social security: disease benefits, maternity and
paternity benefits, pre-retirement benefits and invalidity pensions, survivor
benefits and death allowances, unemployment allowances, family benefits, benefits
for work accidents and professional diseases. The European regulations provide
the principle of equality of treatment and non-discrimination, the principle of
cumulating the periods for the nationals of the state where they are insured, the
principle of exporting the contributions in all EU countries. Access to medical
services is also provided, at the same cost as for the persons insured in that
country, based on the European card for medical health services.
Conclusion
In conclusion, social security systems have had an evolution in close
connection to the social-economic evolution of the society. As the society evolved,
also the insurance and social assistance relations have evolved and adapted to the
needs of the population or according to the social policy of the state, but also to the
political interests of every particular period of time. In present, the social security
system is in continuous adaptation to a continous adapting social-economic
context.
The aging of the population and the migration of young persons can have
powerful effects upon the social security systems of states, that will have to adapt
to a world undergoing a full globalization process.
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88 BRÎNDUŞA MARIAN
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