The document discusses the application of EU regulations on social security coordination regarding applicable legislation and pensions. It focuses on the role of NHPP as the competent institution for establishing applicable legislation and determining pensions awarded to migrant workers. Statistical data is presented on certificates issued to Romanian workers in other EU states, particularly Hungary, as well as pensions set for migrant workers, especially through cooperation between Romania and Hungary. Challenges in implementing the regulations are also outlined.

1. THE APPLICATION OF THE EUROPEAN REGULATIONS FOR
SOCIAL SECURITY SYSTEMS’ COORDINATION IN THE FIELD OF
APPLICABLE LEGISLATION AND PENSIONS
Maria Luiza Socol Florescu, NHPP 1

2. The role of NHPP in the application of EU
Regulations – COMPLEX
Maria Luiza Socol Florescu, NHPP 2

3. The role of the territorial houses of pensions in the application of EU
Regulations
Maria Luiza Socol Florescu, NHPP 3

4. Application Instructions - R. 1408 and R. 574
Maria Luiza Socol Florescu, NHPP 4

5. Application Instructions - R. 1408 and R. 574
Maria Luiza Socol Florescu, NHPP 5

6. Application Instructions R. 883 and R. 987
Maria Luiza Socol Florescu, NHPP 6

7. NHPP – COMPETENT INSTITUTION IN ESTABLISHING THE
APPLICABLE LEGISLATION (1)
Maria Luiza Socol Florescu, NHPP 7

8. NHPP – COMPETENT INSTITUTION IN ESTABLISHING THE
APPLICABLE LEGISLATION (2)
Maria Luiza Socol Florescu, NHPP 8

9. NHPP – COMPETENT INSTITUTION IN ESTABLISHING THE
APPLICABLE LEGISLATION (3)
Maria Luiza Socol Florescu, NHPP 9

10. NHPP – COMPETENT INSTITUTION IN ESTABLISHING THE
APPLICABLE LEGISLATION (4)
Maria Luiza Socol Florescu, NHPP 10

11. NHPP – COMPETENT INSTITUTION IN ESTABLISHING THE
APPLICABLE LEGISLATION (5)
Maria Luiza Socol Florescu, NHPP 11

12. NHPP – COMPETENT INSTITUTION IN ESTABLISHING THE
APPLICABLE LEGISLATION (6)
Maria Luiza Socol Florescu, NHPP 12

13. NHPP – COMPETENT INSTITUTION IN ESTABLISHING THE
APPLICABLE LEGISLATION (7)
Maria Luiza Socol Florescu, NHPP 13

14. NHPP – COMPETENT INSTITUTION IN ESTABLISHING THE
APPLICABLE LEGISLATION (8)
statistical data - I
Maria Luiza Socol Florescu, NHPP 14

15. NHPP – COMPETENT INSTITUTION IN ESTABLISHING THE
APPLICABLE LEGISLATION (9)
statistical data - II
The destination MS preferred by the Romanian workers and especially by
the 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%
Maria Luiza Socol Florescu, NHPP 15

16. NHPP – COMPETENT INSTITUTION FOR DETERMINIG THE
APPLICABLE LEGISLATION (10)
statistical data - III
E 101 and A1 issued in the 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
Maria Luiza Socol Florescu, NHPP 16

17. NHPP – COMPETENT INSTITUTION IN ESTABLISHING THE
APPLICABLE LEGISLATION (11)
statistical data- IV
Unattractive destinations for employers and self employed from Romania
There were not issued E 101 forms, A1 portable documents for the
following states:
1. Estonia
2. Malta
3. Liechtenstein
4. Ireland
Maria Luiza Socol Florescu, NHPP 17

18. 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 THPs
3. 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
Maria Luiza Socol Florescu, NHPP 18

19. SETTING AND PAYMENT OF PENSIONS AWARDED TO
MIGRANT WORKERS (2)
Maria Luiza Socol Florescu, NHPP 19

20. SETTING AND PAYMENT OF PENSIONS AWARDED TO
MIGRANT WORKERS (3)
Maria Luiza Socol Florescu, NHPP 20

21. SETTING AND PAYMENT OF PENSIONS AWARDED TO
MIGRANT WORKERS (4)
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 1 st
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
Maria Luiza Socol Florescu, NHPP 21

22. SETTING AND PAYMENT OF PENSIONS AWARDED TO
MIGRANT WORKERS (5)
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 1 st
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
Maria Luiza Socol Florescu, NHPP 22

23. SETTING AND PAYMENT OF PENSIONS AWARDED TO
MIGRANT WORKERS (6)
Maria Luiza Socol Florescu, NHPP 23

24. SETTING AND PAYMENT OF PENSIONS AWARDED TO
MIGRANT WORKERS (7)
Maria Luiza Socol Florescu, NHPP 24

25. SETTING AND PAYMENT OF PENSIONS AWARDED TO MIGRANT
WORKERS (8)
statistical data - I
Maria Luiza Socol Florescu, NHPP 25

26. SETTING AND PAYMENT OF PENSIONS AWARDED TO MIGRANT
WORKERS (9)
statistical data - II
Most pension files in the application of E.U. Regulations are solved by the following county
pension houses :
1. Timiş county pension house
2. Sibiu county pension house
3. Arad county pension house
4. Bucharest house of pension
5. Braşov county pension house
6. Mureş county pension house
7. Bihor county pension house
8. Cluj county pension house
9. Satu Mare county pension house
10. Harghita county pension house
⇒ Until the 30th of June 2011, 28 000 pensions were set
Maria Luiza Socol Florescu, NHPP 26

27. SETTING AND PAYMENT OF PENSIONS AWARDED TO MIGRANT
WORKERS (10)
statistics - II
In the relation with Hungary, most pension files in the application of E.U.
Regulations are solved by the following county pension houses:
1. Bihor county pension house
2. Cluj county pension house
3. Harghita county pension house
4. Covasna county pension house
5. Mureş county pension house
Maria Luiza Socol Florescu, NHPP 27

28. SETTING AND PAYMENT OF PENSIONS AWARDED TO MIGRANT
WORKERS (11)
THE BILATERAL ROMANIAN – HUNGARIAN RELATIONS - I
Maria Luiza Socol Florescu, NHPP 28

29. SETTING AND PAYMENT OF PENSIONS AWARDED TO
MIGRANT WORKERS (12)
THE BILATERAL ROMANIAN - HUNGARIAN RELATIONS - II
Maria Luiza Socol Florescu, NHPP 29

30. SETTING AND PAYMENT OF PENSIONS AWARDED TO
MIGRANT WORKERS (13)
THE BILATERAL ROMANIAN - HUNGARIAN RELATIONS -
III
Maria Luiza Socol Florescu, NHPP 30

31. SETTING AND PAYMENT OF PENSIONS AWARDED TO
MIGRANT WORKERS (14)
THE BILATERAL ROMANIAN - HUNGARIAN RELATIONS -
IV
Maria Luiza Socol Florescu, NHPP 31

32. 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
Maria Luiza Socol Florescu, NHPP 32

33. SETTING AND PAYMENT OF PENSIONS AWARDED TO
MIGRANT WORKERS(16)
THE BILATERAL ROMANIAN - HUNGARIAN RELATIONS -
VI
Maria Luiza Socol Florescu, NHPP 33

34. SETTING AND PAYMENT OF PENSIONS AWARDED TO
MIGRANT WORKERS(17)
THE BILATERAL ROMANIAN – HUNGARIAN RELATIONS -
VII
Maria Luiza Socol Florescu, NHPP 34