CODE OF SOCIAL INSURANCE

CODE OF SOCIAL INSURANCE (TITLE AMEND. - SG 67/03)

 

 

 

 

 

Prom. SG. 110/17 Dec 1999, amend. SG. 55/7 Jul 2000, amend. SG. 64/4 Aug 2000, amend. SG. 1/2 Jan 2001, suppl. SG. 35/10 Apr 2001, amend. SG. 41/24 Apr 2001, amend. SG. 1/4 Jan 2002, amend. SG. 10/29 Jan 2002, amend. SG. 45/30 Apr 2002, amend. SG. 74/30 Jul 2002, amend. SG. 112/29 Nov 2002, amend. SG. 119/27 Dec 2002, amend. SG. 120/29 Dec 2002, amend. SG. 8/28 Jan 2003, suppl. SG. 42/9 May 2003, amend. SG. 67/29 Jul 2003, suppl. SG. 95/28 Oct 2003, amend. SG. 112/23 Dec 2003, amend. SG. 114/30 Dec 2003, amend. SG. 12/13 Feb 2004, amend. SG. 21/16 Mar 2004, suppl. SG. 38/11 May 2004, amend. SG. 52/18 Jun 2004, amend. SG. 53/22 Jun 2004, amend. SG. 69/6 Aug 2004, amend. SG. 70/10 Aug 2004, amend. SG. 112/23 Dec 2004, amend. SG. 115/30 Dec 2004, amend. SG. 38/3 May 2005, amend. SG. 39/10 May 2005, amend. SG. 76/20 Sep 2005, amend. SG. 102/20 Dec 2005, amend. SG. 103/23 Dec 2005, amend. SG. 104/27 Dec 2005, amend. SG. 105/29 Dec 2005, amend. SG. 17/24 Feb 2006, amend. SG. 30/11 Apr 2006, amend. SG. 34/25 Apr 2006, amend. SG. 56/11 Jul 2006, amend. SG. 57/14 Jul 2006, amend. SG. 59/21 Jul 2006, amend. SG. 68/22 Aug 2006, corr. SG. 76/15 Sep 2006, amend. SG. 82/10 Oct 2006, amend. SG. 95/24 Nov 2006, amend. SG. 102/19 Dec 2006, amend. SG. 105/22 Dec 2006, amend. SG. 41/22 May 2007, amend. SG. 52/29 Jun 2007, amend. SG. 64/7 Aug 2007, amend. SG. 77/25 Sep 2007, amend. SG. 97/23 Nov 2007, amend. SG. 100/30 Nov 2007, amend. SG. 109/20 Dec 2007, amend. SG. 113/28 Dec 2007, amend. SG. 33/28 Mar 2008, amend. SG. 43/29 Apr 2008, amend. SG. 67/29 Jul 2008, amend. SG. 69/5 Aug 2008, amend. SG. 89/14 Oct 2008, amend. SG. 102/28 Nov 2008, amend. SG. 109/23 Dec 2008, amend. SG. 23/27 Mar 2009, amend. SG. 25/3 Apr 2009, amend. SG. 35/12 May 2009, amend. SG. 41/2 Jun 2009, amend. SG. 42/5 Jun 2009, amend. SG. 93/24 Nov 2009, amend. SG. 95/1 Dec 2009, amend. SG. 99/15 Dec 2009, amend. SG. 103/29 Dec 2009, amend. SG. 16/26 Feb 2010, amend. SG. 19/9 Mar 2010, amend. SG. 43/8 Jun 2010, amend. SG. 49/29 Jun 2010, amend. SG. 58/30 Jul 2010, amend. SG. 59/31 Jul 2010, amend. SG. 88/9 Nov 2010, amend. SG. 97/10 Dec 2010, amend. SG. 98/14 Dec 2010, amend. SG. 100/21 Dec 2010, amend. SG. 45/14 Jun 2011, amend. SG. 60/5 Aug 2011, amend. SG. 77/4 Oct 2011, amend. SG. 100/20 Dec 2011, amend. SG. 7/24 Jan 2012, amend. SG. 21/13 Mar 2012, amend. SG. 38/18 May 2012, amend. SG. 40/29 May 2012, amend. SG. 44/12 Jun 2012, amend. SG. 58/31 Jul 2012, amend. SG. 81/23 Oct 2012, amend. SG. 89/13 Nov 2012, amend. SG. 94/30 Nov 2012, amend. SG. 99/14 Dec 2012, amend. SG. 15/15 Feb 2013, amend. SG. 20/28 Feb 2013, suppl. SG. 70/9 Aug 2013, amend. SG. 98/12 Nov 2013, amend. SG. 104/3 Dec 2013, amend. SG. 106/10 Dec 2013, amend. SG. 109/20 Dec 2013, amend. SG. 111/27 Dec 2013, amend. SG. 111/27 Dec 2013, amend. SG. 1/3 Jan 2014, amend. SG. 18/4 Mar 2014, amend. SG. 27/25 Mar 2014, amend. SG. 35/22 Apr 2014, amend. SG. 53/27 Jun 2014, amend. and suppl. SG. 107/24 Dec 2014, amend. SG. 12/13 Feb 2015, amend. SG. 14/20 Feb 2015, amend. and suppl. SG. 22/24 Mar 2015, amend. and suppl. SG. 54/17 Jul 2015, amend. and suppl. SG. 61/11 Aug 2015, amend. and suppl. SG. 79/13 Oct 2015, amend. SG. 95/8 Dec 2015, amend. and suppl. SG. 98/15 Dec 2015, amend. SG. 102/29 Dec 2015, amend. SG. 62/9 Aug 2016, amend. SG. 95/29 Nov 2016, amend. and suppl. SG. 98/9 Dec 2016, amend. and suppl. SG. 105/30 Dec 2016, amend. and suppl. SG. 62/1 Aug 2017, amend. and suppl. SG. 92/17 Nov 2017, amend. and suppl. SG. 99/12 Dec 2017, amend. and suppl. SG. 103/28 Dec 2017, amend. and suppl. SG. 7/19 Jan 2018, amend. and suppl. SG. 15/16 Feb 2018, corr. SG. 16/20 Feb 2018, amend. SG. 17/23 Feb 2018, amend. and suppl. SG. 30/3 Apr 2018, amend. and suppl. SG. 46/1 Jun 2018, suppl. SG. 53/26 Jun 2018, amend. SG. 64/3 Aug 2018, suppl. SG. 77/18 Sep 2018, suppl. SG. 88/23 Oct 2018, amend. SG. 98/27 Nov 2018, amend. and suppl. SG. 102/11 Dec 2018, amend. SG. 105/18 Dec 2018, amend. and suppl. SG. 12/8 Feb 2019, suppl. SG. 35/30 Apr 2019, amend. and suppl. SG. 83/22 Oct 2019, amend. and suppl. SG. 94/29 Nov 2019, amend. and suppl. SG. 99/17 Dec 2019

 

 

Subject

 

Art. 1. (suppl. SG 1/02; amend., SG 67/03) This code settles the public relations regarding:

 

1.  the state public insurance for general disease, labour accident, professional disease, motherhood, unemployment, old age and death;

 

2.   the supplementary social insurance including:

 

a)   the supplementary compulsory pension insurance for old age and death;

 

b)   (amend. - SG 56/06, in force from the date of entry into effect of the Treaty of the Accession of the Republic of Bulgaria to the European Union) the supplementary voluntary pension insurance through funds for supplementary voluntary pension insurance for old age, disability and death or through funds for supplementary voluntary pension insurance under professional schemes for old age;

 

c)   the supplementary voluntary insurance for unemployment and/or professional qualification.


Part one.

 

STATE PUBLIC INSURANCE (amend., SG 67/03)

 

 

Chapter one.

 

GENERAL PROVISIONS

 

 

Scope of social insurance

 

Art. 2. (1) (prev. text of Art. 2 – SG 109/08, in force from 01.01.2009) The state public insurance shall provide compensations, supports and pensions for:

 

1.   temporary incapacity to work;

 

2.   temporary loss of capacity to work;

 

3.   disability;

 

4.   motherhood;

 

5.   (new – SG 1/02) unemployment;

 

6.   (prev. 5 – SG 1/02) old age;

 

7.   (prev. 6 – SG 1/02) death.

 

(2)   (new – SG 109/08, in force from 01.01.2009) Persons who are subject to state public insurance shall be insured at:

 

1. fund "General disease and motherhood" for general disease and motherhood, including insurance for temporary inability to work, temporary reduced ability to work and motherhood;

 

2. fund "Pensions" for disability due to general disease, old age and death;

 

3. (new - SG 61/15, in force from 01.01.2016) fund "Pensions of the persons under Art. 69" for invalidity, general disease and death;

 

4. (prev. text of Item 03 - SG 61/15, in force from 01.01.2016) fund "Labour accident and occupational disease" for labour accidents and occupational disease, including disability, death, temporary inability to work and temporary reduced ability to work as a result of labour accidents and occupational diseases;

 

5. (prev. text of Item 04 - SG 61/15, in force from 01.01.2016) fund "Unemployment" for unemployment.

 

(3)    (new – SG 109/08, in force from 01.01.2009; amend. and suppl. - SG 61/15, in force from 01.01.2016) As regards to persons insured under Art. 4, para 1, insurance instalments shall be deposited in amounts specified for the funds "General disease and motherhood", "Pensions", "Pensions for the persons under Art. 69", "Labour accident and occupational disease", "Unemployment" and "Teachers retirement fund".

 

(4)   (new – SG 109/08, in force from 01.01.2009) As regards to persons insured for labour accident and occupational disease, insurance instalments shall be deposited in amounts specified for the fund "Labour accident and occupational disease".

 

(5)   (new – SG 109/08, in force from 01.01.2009) As regards to persons insured for disability as a result of general disease, for old age and death insurance instalments shall be deposited in amounts specified for the fund "Pensions".

 

(6)   (new - SG 61/15, in force from 01.01.2016) The teachers shall be insured for retirement also in the Teachers retirement fund by means of a separate insurance payment.

 

 

 

Social insurance rules

 

Art. 3. The state public insurance shall be carried out according to the following principles:

 

1. obligatory and comprehensive insurance;


2.   solidarity of the insured persons;

 

3.   equality of the insured persons;

 

4.   social dialogue in the management of the insurance system;

 

5.   a fund organisation of the insurance payments.

 

 

 

Insured persons

 

Art. 4. (1) (amend. – SG 109/08, in force from 01.01.2009) Obligatory insured for general disease and motherhood, disability due to general disease, old age and death, Labour accident and occupational disease and unemployment under this Code shall be:

 

1.   (suppl., SG 119/02; amend. - SG 68/06, in force from 01.01.2007; suppl. – SG 99/09, in force from 01.01.2010; amend. – SG 49/10, in force from 01.07.2010; suppl. – SG 100/10, in force from 01.01.2011; amend. – SG 107/14, in force from 01.01.2015, suppl. – SG 98/16, in force from 01.01.2017) workers and employees, regardless of the character of the work, of the way of payment and of the source of financing, except for the persons referred to in Para. 10 and in Art. 4a, para 1; the persons included in safe motherhood programmes and employment promotion programmes shall not be insured for unemployment, if so provided in the respective programme;

 

2.   (suppl. – SG 106/13, in force from 01.01.2014) the civil servants under the Civil Servants Act;

 

3.   (New, SG 74/02; amend. – SG 105/06, in force from 01.01.2007; suppl. – SG 109/08, in force from 01.01.2009) the judges, prosecutors, investigators, state bailiffs, judges for the entries and court employees, as well as the members of the Supreme Judicial Council and the inspectors of the Inspectorate at the Supreme Judicial Council;

 

4.   (amend,. SG 64/00; prev. item 3 - SG 74/02; amend., SG 119/02; amend. - SG 68/06, in force from 01.05.2006; suppl. – SG 43/08, in force from 01.01.2008; amend. – SG 25/09, in force from 01.06.2009; amend. – SG 35/09, in force from 12.05.2009; amend. – SG 99/12, in force from 01.01.2013; suppl. - SG 70/13, in force from 09.08.2013; suppl. - SG 61/15, in force from 01.01.2016; suppl. - SG 79/15, in force from 01.11.2015) the military servicemen under the Act on the Defence and Armed Forces of the Republic of Bulgaria, the reservists on active service under the Act on Armed Forces Reserve of the Republic of Bulgaria, the civil servants under the Ministry of Interior Act and the Execution of Penalties and Detention Act, the civil servants referred to in the State Agency for National Security Act, the State Intelligence Agency Act and under the Special Intelligence Devices Act, officers and sergeants under the Act on the National Service for Protection, as well as the persons referred to in Art. 69, para 6;

 

5.   (amend. SG 1/02; prev. item 4 - SG 74/02) the members of co-operations exercising labour activity and receiving remuneration in the co-operation; the members of co-operations, working without legal labour relations at the co-operation shall not be ensured for unemployment;

 

6.   (Prev. item 5 - SG 74/02; revoked – SG 107/14, in force from 01.01.2015)

 

7.  (Prev. item 6 - SG 74/02, suppl. – SG 105/06, in force from 01.01.2007; amend. – SG 99/12, in force from 01.01.2013; amend. – SG 106/13, in force from 01.01.2014; suppl. – SG 107/14, in force from 01.01.2015, amend. – SG 98/16, in force from 01.01.2017) the managers and procurators of companies, of sole traders, of their branches and of the branches of foreign legal entities, members of boards of directors, management and supervisory boards as well as the controllers of companies, assignees in bankruptcy and liquidators as well as the persons working under management contracts for unincorporated companies and persons entrusted with the management and/or control of state and municipal enterprises under Chapter Nine of the Commerce Act, their divisions or other legal entities established by law;

 

8.   (new, SG 112/03; amend. – SG 100/10, in force from 01.01.2011; amend. – SG 99/12, in force from 01.01.2013) the persons carrying out labour activity for elective positions, with exception of the persons under item 1, 5 and 7, as well as the priests with clerical rank of the Bulgarian Orthodox Church and other registered religions according to the Religions Act;

 

9.   (new – SG 59/10, in force from 31.07.2010, repealed - SG 102/18, in force from 01.01.2019)


10.    (new - SG 81/12, in force from 01.09.2012, amend. and suppl. – SG 98/16, in force from 01.01.2017) candidates for junior judges, junior prosecutors and junior investigators under the Judiciary System Act.

 

(2) (amend. SG 64/00, SG 1/02; amend. – SG 100/10, in force from 01.01.2011; revoked – SG 107/14, in force from 01.01.2015)

 

(3) (Declared anti-constitutional regarding the working retired persons included in the circle of the obligatorily insured persons under this legal text - Decision of Constitutional Court, SG No 55 of 2000) Obligatory insured for disability due to general disease, for old age and death shall be:

 

1.   the persons registered as exercising free lance profession and/or craft activity;

 

2.   (suppl. – SG 105/06, in force from 01.01.2007, amend. - SG 102/18, in force from 01.01.2019) the persons working as sole traders, owners or partners in commercial companies, natural persons – members of non-personalized companies and the persons who are taxed pursuant to Art. 26, Para. 7 of the Income Taxes on Natural Persons Act;

 

3.   (declared anti-constitutional - Decision of the Constitutional Court, SG No 55 of 2000) PhD students, if they are not insured for pension on other grounds;

 

4.   (amend., SG 64/00; amend., SG 112/03, amend. - SG 12/15) the registered farmers and tobacco

 

producers;

 

5.    (amend., SG 64/00; suppl., SG 119/02; amend. – SG 99/09, in force from 01.01.2010) the persons working without employment contract and receiving remuneration equal to or bigger than one minimum salary after its reduction by the expenses for the said activity, if they are not insured on other grounds during the respective month.

 

6.    (new, SG 119/02) persons who work without legal terms of employment, insured on other grounds during the respective month, regardless of the size of the received remuneration.

 

(5) (new - SG 64/00; amend., SG 10/02; amend. – SG 60/11, in force from 05.08.2011) The persons commissioned to work abroad by a Bulgarian intermediary can insure themselves for disability due to a general disease, old age and death on the minimal insurable income for self-insured persons determined by the Budget of State Public Insurance Act.

 

(6) (new - SG 64/00; amend. and suppl. – SG 99/09, in force from 01.01.2010) The persons referred to in para3, items 1, 2, 4 to 6, to whom pension is granted shall insure themselves by their own choice.

 

(7) (new – SG 113/2007, in force from 01.01.2008; amend. – SG 109/08, in force from 01.01.2009; amend. – SG 100/10, in force from 01.01.2011, suppl. - SG 102/18, in force from 01.01.2019) The wife/husband of a person, sent to a business trip to a diplomatic mission for a long period, may insure at her/his choice and at her/his expense for the time period he/she has resided abroad during the overseas mandate for disability due to general disease, old age and death, based on the minimum insurable income for self-insured persons, specified by the Budget of State Public Insurance Act for the respective year, provided that they are not insured on another ground or under the legislation of the host country pursuant to international agreement in force, to which the Republic of Bulgaria is a party or the European regulations on the coordination of social security systems.

 

(8) (new – SG 100/10, in force from 01.01.2011; revoked – SG 99/12, in force from 01.01.2013)

 

(9) (new – SG 58/12, in force from 01.08.2012, amend. - SG 12/15) Spouses of persons under para 3, item 1 and 4, who take part in their employment activities of the latter, with their consent, can be insured voluntarily and at their expense for disability due to sickness, old age and death, for general disease and maternity, if they are not insured pursuant to para 1 and/or para 3, items 1, 2 and 4, and/or Art. 4a. Insurance installments for spouses and persons under para 3, item 1 shall be due on the minimum insurance income for self-insured persons, defined by the Act on the Budget of the State Public Insurance, and as regards to the spouses and the persons referred to in para 3, item 4 – on the minimum insurance income for registered farmers and tobacco producers, fixed in the the Act on the Budget of the State Public Insurance.

 

(10) (new - SG 54/15, in force from 17.07.2015) The persons referred to in Art. 114a, Para 1 of the


Labour Code shall be subject to insurance for general disease, seniority and death and for labour accident and professional disease.

 

(11)   (new – SG 1/02; prev. par. 7, suppl. – SG 113/07, in force from 01.01.2008; prev. text of para 8, amend. – SG 100/10, in force from 01.01.2011; prev. text of para 9 – SG 58/12, in force from 01.08.2012; prev. text of Para 10 - SG 54/15, in force from 17.07.2015, amend. – SG 98/16, in force from 01.01.2017) The order for insuring of the self-insuring persons, of the persons, working without employment or official legal relation of the persons of para 7 and 9, and of the persons, sent to work abroad by Bulgarian employer or with mediation of a Bulgarian organisation, shall be provided by the Council of Ministers upon a proposal by the National Social Security Institute.

 

 

 

Insuring seafarers

 

Art. 4a. (new – SG 99/09, in force from 01.01.2010) Seafarers shall obligatory be insured entirely for their own account for general disease and motherhood, disability due to general disease, old age, death, labour accident and occupational disease on the grounds of a selected monthly income within the frames of the minimum and the maximum amount of the insurable income of the self-insured persons, specified by the Budget of State Public Insurance Act for the respective year.

 

(2)   The persons under para 1 may, if they wish, insure themselves also for unemployment entirely at their own expense on the grounds of a selected monthly income within the frames of the minimum and the maximum amount of the insurable income of the self-insured persons, specified by the Budget of State Public Insurance Act for the respective year.

 

(3)   The persons under para 1 shall deposit insurance instalments in amounts, specified for the fund "Pensions", fund "General disease and motherhood", fund "Unemployment" and fund "Labour accident and occupational disease", in the following manner:

 

1. (amend. – SG 98/10, in force from 01.01.2011, amend. – SG, 99/17, in force from 01.01.2018) 19,8 % for fund "Pensions" as regards to persons born before 1 January 1960, and regarding persons working under the terms of I or II labour category – 22,8 %;

 

2. (amend. – SG 98/10, in force from 01.01.2011, amend. – SG, 99/17, in force from 01.01.2018) 14,8 % for fund "Pensions" as regards to persons born after 31 December 1959, regarding persons working under the terms of I or II labour category – 17,8 %;

 

3. 3,5 % for fund "General disease and motherhood";

 

4. 1 % for fund "Unemployment";

 

5. 1,1 % for fund "Labour accident and occupational disease";

 

6. (new - SG 61/15, in force from 15.08.2015) as regards seafarers that have made their choice under Art. 4b, Para 1, the increased insurance payment to the "Pensions" Fund shall be equal to the payment under Art. 157, Para 1, Item 1;

 

7. (new - SG 61/15, in force from 01.01.2016) as regards seafarers that have made their choice under Art. 4c, Para 1, the increased insurance payment to the "Pensions" Fund shall be equal to the corresponding payment under Art. 157, Para 1, Item 2;

 

(4)    The persons under para 1 may not define the final amount of the insurable income from employment relationship as seafarers.

 

(5)   (amend. – SG 100/10, in force from 01.01.2011; amend. – SG 58/12, in force from 01.08.2012; amend. - SG 54/15, in force from 17.07.2015) The procedure for insuring the persons under para 1 and 2 shall be regulated by an act of the Council of Ministers as per Art. 4, para 11.

 

(6)   In those cases where persons under para 1 receive income also from activities as per Art. 4, insurance instalments shall be deposited on the total amount of their insurable income, however not more than the maximum monthly amount of the insurable income, as follows:

 

1. (amend. – SG 107/14, in force from 01.01.2015, amend. – SG, 99/17, in force from 01.01.2018) income from activities of the persons under the continuity, indicated in Art. 4, para 1 and 10;


2.    (new – SG, 99/17, in force from 01.01.2018) incomes from compensations, paid under the Labour Code or under special acts, on which insurance contributions are due;

 

3.   (Former p. 2 – SG, 99/17, in force from 01.01.2018) the insurable income as seafarers;

 

4.   (amend. - SG 12/15, former p. 3 – SG, 99/17, in force from 01.01.2018, suppl. – SG 99/19, in force from 01.01.2020) insurable income as sole traders, owners or associates in trade or unincorporated companies, persons who are taxed in accordance with Art. 26, para. 7 of the Income Taxes on Natural Persons Act, or in unincorporated companies which carry out activity as freelancers or craftsmen, registered farmers and tobacco-growers.

 

5.   (former p. 4 – SG, 99/17, in force from 01.01.2018) income from activity in non-employment relationship;

 

(7) (amend. – SG 94/12, in force from 01.01.2013, amend. - SG 102/18, in force from 01.01.2019) Insurance instalments of persons referred to in para 1 shall be deducted and paid by the employer by the 25th of the month following the month during which the labour activity has been carried out.

 

 

 

Choice of changing the insurance type from supplementary compulsory pension insurance in a universal pension fund into "Pensions" Fund and into "Pensions of the persons under Art. 69" Fund (Title amend. - SG 61/15, in force from 15.08.2015)

 

Art. 4b. (new – SG 107/14, in force from 01.01.2015; amend. - SG 61/15, in force from 15.08.2015) (1) (Amend. – SG 92/17, in force from 01.01.2018) Those insured in a universal pension fund shall be entitled to a voluntarily change of their insurance from a universal pension fund into the "Pensions" Fund, respectively the "Pension of the persons under Art. 69" Fund, which shall involve an increased insurance payment equal to the amount of the insurance payment to a universal pension fund, no later than 5 years before their age referred to in Art. 68, Para 1, and provided that they have not been granted a pension for pensionable service and age.

 

(2)  The persons under Para 1 may exercise their right of choice after the expiry of one year from the choice referred to in Art. 124a.

 

(3)   (Amend. and suppl. - SG 102/18, in force from 01.01.2019) Persons shall exercise their choice under Para. 1 by submitting an application to the competent territorial directorate of the National Revenue Agency. The insurance of the persons under Para 1 shall commence from the first day of the months following the month, in which the choice has been made.

 

(4)  (Amend. - SG 102/18, in force from 01.01.2019) The procedure and manner of choosing type of insurance, collecting and distributing the increased insurance payment of the persons under Para 1 shall be set out in the ordinance under Art. 179, Para 3 of the Tax-Insurance Procedure Code.

 

 

Choice of changing the insurance type from supplementary compulsory pension insurance in a professional pension fund into "Pensions" Fund

 

Art. 4c. (new - SG 61/15, in force from 01.01.2016) (1) Those insured in a professional pension fund shall be entitled to a one-time voluntarily change of their insurance from a professional pension fund into the "Pensions" Fund, which shall involve an increased insurance payment equal to the amount of the insurance payment specified in Art. 157, Para 1, Item 2, provided that they have not been granted a pension for pensionable service and age or a professional pension for early retirement.

 

(2)    (New - SG 102/18, in force from 01.01.2019) The persons shall exercise their choice under Para. 1 by submitting an application to the competent territorial directorate of the National Revenue Agency. Socially insuring the persons under the order of Para. 1 shall occur from the first day of the month following the month of the choice.

 

(3)   (Previous Para. 2, amend. - SG 102/18, in force from 01.01.2019) The procedure and manner of choosing the type of insurance, collecting and distributing the increased insurance payment of the persons


under Para 1 shall be set out in the ordinance under Art. 179, Para 3, of the Tax-Insurance Procedure Code.

 

 

Insurers

 

Art. 5. (1) (amend. - SG 105/05, in force from 01.01.2006; suppl. – SG 109/08, in force from 01.01.2009; amend. - SG 61/15, in force from 01.01.2016, amend. – SG, 99/17, in force from 01.01.2018) An insurer shall be each natural person, legal entity or unincorporated association as well as other organisations having a legal duty under this Act to make insurance contributions for other natural persons.

 

(2)   (amend. and suppl. – SG 109/08, in force from 01.01.2009; amend. - SG 61/15, in force from 01.01.2016, amend. – SG, 99/17, in force from 01.01.2018) A self-insured person shall be a natural person obliged to make insurance contributions for his/her own account.

 

(3)   (new, SG 67/03, amend. - SG 105/05, in force from 01.01.2006) The registration of the insurers and the self-insured persons in the National Social Security Institute shall be carried out officially on the basis of the information in the register and the database of the National Revenue Agency under art. 80, para

 

1  of the Tax-insurance Procedure Code.

 

(4)   (amend. SG 1/02; prev. para 3 - SG 67/03, amend. SG 112/2004, amend. - SG 105/05, in force from 01.01.2006) The insurers, the insurance funds, the self-insured persons and the employers shall periodically present to the National Revenue Agency data about:

 

1. (amend. - 95/06, in force from 01.01.2007; suppl. – SG 105/06, in force from 01.01.2007; amend. – SG 99/09, in force from 01.01.2010) the insurable income, the insurance payments for the state public insurance, "Teachers retirement fund", the health insurance and the supplementary compulsory pension insurance, instalments for the fund "Secured receivables of the workers and employees", the days of insurance and the taxable income under the Income Taxes on Natural Persons Act- separately about each worker or employee.

 

2. (amend. - 95/06, in force from 01.01.2007; amend. and suppl. – SG 105/06, in force from 01.01.2007; suppl. – SG 58/12, in force from 01.08.2012) an affidavit of the amounts of owed for insurance instalments for the state public insurance, "Teachers Retirement Fund", the health insurance, the supplementary compulsory pension insurance, the instalments for the fund "Secured receivables of the workers and employees", the insurance payments, the insurance labour practice and the taxable income under the Income Taxes on Natural Persons Act. An affidavit of the amounts of owed for insurance instalments for the state public insurance and for supplementary compulsory pension insurance shall also be submitted for the persons under Art. 4, para5 and 9.

 

(5)    (prev. para 4 - amend., SG 67/03, amend. SG 112/2004, revoked – SG 105/05, in force from

 

01.01.2006)

 

(6)    (prev. para 5 - amend., SG 67/03, suppl. SG 38/05, amend. - SG 105/05, in force from 01.01.2006; suppl. – SG 105/06, in force from 01.01.2007; suppl. – SG 100/10, in force from 01.01.2011) The contents, the terms, the way and the order for submission and preservation of the declarations of para 4 shall be determined by an ordinance, issued by the Minister of Finance in coordination with the Manager of the National Social Security Institute. Data under par. 4 shall be used for calculation and granting of pensions, financial compensations and cash benefits.

 

(7)    (prev. para 6 - amend., SG 67/03, amend. SG 38/0; amend. – SG 107/14, in force from 01.01.2015, amend. – SG 98/16, in force from 01.01.2018, amend. – SG 99/19, in force from 01.01.2020) The insurer shall:

 

1. to retain for a period of 50 years from 1 January of the reporting period following the reporting period to which they relate, payroll, employment contracts, supplementary agreements, appointment orders, supplementary agreements / re-appointment orders, use orders unpaid leave for a total of more than 30 working days in one calendar year, orders for termination of employment or work relationship; the documents shall be kept in accordance with the procedure specified in the Act on the National Archive Fund;

 

2. at the request of an insured person or his representative, to issue, within 14 days and free of


charge, documents for periods of service and / or insurance income and / or category of labour for periods prior to 1 January 2000;

 

3.  at the request of the officials under Art. 40, Para. 3, Art. 54g, Para. 1 and Art. 98, Para. 1, to issue free of charge and within 14 days, documents for periods of service and / or insurance income, and / or category of labour of the persons insured with it, and to certify facts and circumstances related to such documents;

 

4.   (In force from 01.01.2022) by the 25th day of the month following the month of termination of the insurance, submit to the National Social Security Institute a document certifying the duration of the insurance period of first and / or second category of labour acquired to him by the person; in the document, the insurer shall also record the relevant provision from the Rules for the categorization of labour upon retirement (prom., SG 102 of 1967; amend., SG 97 of 1969; SG 67 of 1972; SG 7, 46 and 64 of 1975, SG 4 of 1977, issue 82 and 83 of 1978, SG 65 and 93 of 1979, SG 31 and 56 of 1980, SG 68 and 100 of 1981, SG 8 and 68 of 1982, SG 39 and 55 of 1983, SG 35 and 61 of 1984, SG 20 and 85 of 1985, SG 3 of 1986; correction, SG 13 of 1986; Amend., SG 35 and 81 of 1986, SG 56 of 1988, SG 3, 45 and 59 of 1989, SG 2, 7, 10, 25, 43, 49, 52, 58 and 103 of 1990, SG 35 of 1992, SG 2 of 1993, SG 74 of 1996; repealed., SG 39 of 1998; suppl. SG 123 of 1998) and / or the Ordinance on the categorisation of labour at retirement (prom., SG 123/1998; amend., SG 114 of 1999, SG 79 of 2000, SG 64 of 2001, SG 13 of 2011 and SG 15 of 2013), on which it proposes to take into account the length of service.

 

(8) (new – SG 1/02; prev. para 7 - SG 67/03, amend. - SG 105/05, in force from 01.01.2006; suppl.

 

– SG 105/06, in force from 01.01.2007; amend. – SG 99/09, in force from 01.01.2010, amend. – SG 99/19, in force from 01.01.2022) The contents of the documents under Para. 7, items 2, 3 and 4 and the order for their presentation shall be determined by an instruction issued by the Director of the National Social Security Institute. The information in the documents shall be used to grant and calculate pensions, cash benefits and aids.

 

(9) (new - SG 1/02; prev. para 8 - SG 67/03, revoked - SG 105/05, in force from 01.01.2006)

 

(10) (new – SG 38/05; suppl. - SG 104/05, in force from 27.12.2005; suppl. – SG 99/12, in force from 01.01.2013; suppl. - SG 22/15, in force from 01.01.2017, amend. – SG 99/19, in force from 01.01.2020) At termination of their activity the insurers who have no legal successor, the documents under Para. 7, item 1, as well as the employment record books, not obtained by the insured persons, issued certificates of employment/insurance service and insurance income and other documents stored by the insurers, on the basis of which insurance service and / or insurance income can be established, and / or category of labour, shall be submitted to the relevant territorial unit of the National Social Security Institute on the basis of a written application as per a specimen, unless otherwise provided by law for the storage thereof. The application shall be submitted in the order determined by the instruction under Para. 13. When the termination of the activity of the insurer is implemented with court decision for deletion or the deletion is subject to entry into the commercial register, the certificate for delivery of the payment lists, issued by the territorial division of the National Social Security Institute shall be obligatory condition for decreeing of the decision, respectively for making an entry into the commercial register, except in cases of ex officio deletion pursuant to Art. 17a para. 6 of the Commerce Act. When payrolls and other documents for insurable practice and insurance income for employees who have worked at branches of foreign traders deleted ex officio under Art. 17a para. 6 of the Commerce Act have not been transmitted to the respective territorial division of the National Insurance Institute to the date of deletion, those who keep them are required to deliver them within three months from the deletion.

 

(11) (new – SG 107/14, in force from 01.01.2015) Documents under para 10 shall be handled and delivered on behalf of insurers. In those cases where the operation of a company, in which the sole shareholder is the state or a municipality, is being terminated and there is no way to process and deliver the documents on behalf of the company, the funds shall be provided by the ministry or the municipality exercising the rights of the sole shareholder.

 

(12) (new – SG 38/05; prev. text of para 11 - SG 107/14, in force from 01.01.2015, amend. – SG


99/19, in force from 01.01.2020) The National Social Security Institute shall create and maintain information system about the payroll lists delivered by the order of para 10. The data from the information system shall be used for calculating and granting of the pensions and the cash benefits.

 

(13)   (new – SG 105/06, in force from 01.01.2007; prev. text of para 12 - SG 107/14, in force from 01.01.2015) The Chief Executive of the National Social Insurance Institute shall issue instructions for the conditions and the procedure of acceptance and keeping of the documents under par. 10.

 

(14)    (new – SG 19/10; prev. text of para 13 - SG 107/14, in force from 01.01.2015) Every six months the Executive Director of the National Revenue Agency shall draw up and submit to the Ministry of Labour and Social Policy and to the supervisory council of the National Insurance Institute information of the amount of the collected social insurance payments, the tendencies and the measures undertaken for collecting them.

 

 

Edition to SG, 99/12 Dec 2017

 

Insurers

 

Art. 5. (1) (amend. - SG 105/05, in force from 01.01.2006; suppl. – SG 109/08, in force from 01.01.2009; amend. - SG 61/15, in force from 01.01.2016, amend. – SG, 99/17, in force from 01.01.2018) An insurer shall be each natural person, legal entity or unincorporated association as well as other organisations having a legal duty under this Act to make insurance contributions for other natural persons.

 

(2)   (amend. and suppl. – SG 109/08, in force from 01.01.2009; amend. - SG 61/15, in force from 01.01.2016, amend. – SG, 99/17, in force from 01.01.2018) A self-insured person shall be a natural person obliged to make insurance contributions for his/her own account.

 

(3)   (new, SG 67/03, amend. - SG 105/05, in force from 01.01.2006) The registration of the insurers and the self-insured persons in the National Social Security Institute shall be carried out officially on the basis of the information in the register and the database of the National Revenue Agency under art. 80, para

 

1  of the Tax-insurance Procedure Code.

 

(4)   (amend. SG 1/02; prev. para 3 - SG 67/03, amend. SG 112/2004, amend. - SG 105/05, in force from 01.01.2006) The insurers, the insurance funds, the self-insured persons and the employers shall periodically present to the National Revenue Agency data about:

 

1. (amend. - 95/06, in force from 01.01.2007; suppl. – SG 105/06, in force from 01.01.2007; amend. – SG 99/09, in force from 01.01.2010) the insurable income, the insurance payments for the state public insurance, "Teachers retirement fund", the health insurance and the supplementary compulsory pension insurance, instalments for the fund "Secured receivables of the workers and employees", the days of insurance and the taxable income under the Income Taxes on Natural Persons Act- separately about each worker or employee.

 

2. (amend. - 95/06, in force from 01.01.2007; amend. and suppl. – SG 105/06, in force from 01.01.2007; suppl. – SG 58/12, in force from 01.08.2012) an affidavit of the amounts of owed for insurance instalments for the state public insurance, "Teachers Retirement Fund", the health insurance, the supplementary compulsory pension insurance, the instalments for the fund "Secured receivables of the workers and employees", the insurance payments, the insurance labour practice and the taxable income under the Income Taxes on Natural Persons Act. An affidavit of the amounts of owed for insurance instalments for the state public insurance and for supplementary compulsory pension insurance shall also be submitted for the persons under Art. 4, para5 and 9.

 

(5)    (prev. para 4 - amend., SG 67/03, amend. SG 112/2004, revoked – SG 105/05, in force from

 

01.01.2006)

 

(6)    (prev. para 5 - amend., SG 67/03, suppl. SG 38/05, amend. - SG 105/05, in force from 01.01.2006; suppl. – SG 105/06, in force from 01.01.2007; suppl. – SG 100/10, in force from 01.01.2011) The contents, the terms, the way and the order for submission and preservation of the declarations of para 4 shall be determined by an ordinance, issued by the Minister of Finance in coordination with the Manager of


the National Social Security Institute. Data under par. 4 shall be used for calculation and granting of pensions, financial compensations and cash benefits.

 

(7)    (prev. para 6 - amend., SG 67/03, amend. SG 38/0; amend. – SG 107/14, in force from 01.01.2015, amend. – SG 98/16, in force from 01.01.2017) The insurer shall be obliged, within 14 days, to issue free of charge the documents for insurable practice and insurance income, and to certify facts and circumstances related thereto, at the request of:

 

1. the insured person or their representative - for periods prior to January 1, 2000;

 

2. the officials under Art. 40, para. 3, Art. 54g, para. 1 and Art. 98, para. 1.

 

(8)   (new – SG 1/02; prev. para 7 - SG 67/03, amend. - SG 105/05, in force from 01.01.2006; suppl.

 

– SG 105/06, in force from 01.01.2007; amend. – SG 99/09, in force from 01.01.2010) The National Revenue Agency shall submit to the National Social Security Institute the data of para 4, item 1 concerning income from insurance instalments, data contained in the notifications under Art. 62, par. 3 of the Labour Code and the information on the opened and closed bank accounts of the insurers and the self-insured persons under art. 25, par. 1 from the National Revenue Agency Act. The order of presenting the information shall be determined by an instruction, issued jointly by the governor of the National Social Security Institute and the executive director of the National Revenue Agency.

 

(9)   (new - SG 1/02; prev. para 8 - SG 67/03, revoked - SG 105/05, in force from 01.01.2006)

 

(10)   (new – SG 38/05; suppl. - SG 104/05, in force from 27.12.2005; suppl. – SG 99/12, in force from 01.01.2013; suppl. - SG 22/15, in force from 01.01.2017) At termination of their activity the insurers who have no legal successor the payment lists shall be delivered to the respective territorial division of the National Social Security Institute unless in an Act provides otherwise for their preservation. To the payroll ledger shall be applied labour contracts (orders of appointment), orders of re-appointment, orders of used paid annual holidays more than 30 days, orders of termination of labour of official legal relationships. When the termination of the activity of the insurer is implemented with court decision for deletion or the deletion is subject to entry into the commercial register, the certificate for delivery of the payment lists, issued by the territorial division of the National Social Security Institute shall be obligatory condition for decreeing of the decision, respectively for making an entry into the commercial register, except in cases of ex officio deletion pursuant to Art. 17a para. 6 of the Commerce Act. When payrolls and other documents for insurable practice and insurance income for employees who have worked at branches of foreign traders deleted ex officio under Art. 17a para. 6 of the Commerce Act have not been transmitted to the respective territorial division of the National Insurance Institute to the date of deletion, those who keep them are required to deliver them within three months from the deletion.

 

(11)   (new – SG 107/14, in force from 01.01.2015) Documents under para 10 shall be handled and delivered on behalf of insurers. In those cases where the operation of a company, in which the sole shareholder is the state or a municipality, is being terminated and there is no way to process and deliver the documents on behalf of the company, the funds shall be provided by the ministry or the municipality exercising the rights of the sole shareholder.

 

(12)   (new – SG 38/05; prev. text of para 11 - SG 107/14, in force from 01.01.2015) The National Social Security Institute shall create and maintain information system about the payment lists delivered by the order of para 10. The data from the information system shall be used for calculating and granting of the pensions and the cash benefits.

 

(13)   (new – SG 105/06, in force from 01.01.2007; prev. text of para 12 - SG 107/14, in force from 01.01.2015) The Chief Executive of the National Social Insurance Institute shall issue instructions for the conditions and the procedure of acceptance and keeping of the documents under par. 10.

 

(14)    (new – SG 19/10; prev. text of para 13 - SG 107/14, in force from 01.01.2015) Every six months the Executive Director of the National Revenue Agency shall draw up and submit to the Ministry of Labour and Social Policy and to the supervisory council of the National Insurance Institute information of the amount of the collected social insurance payments, the tendencies and the measures undertaken for collecting them.


 

Insurance payments and insurable income (title amend. SG 1/02)

 

Art. 6. (amend. SG 1/02) (1) (amend. SG 112/2004; amend. - SG 104/05, in force from 01.01.2006; amend. – SG 109/08, in force from 01.01.2009) (1) The amounts of the insurance payments shall be deposited at the state public insurance funds, as follows:

 

1.   (amend. – SG 99/09, in force from 01.01.2010; amend. – SG 98/10, in force from 01.01.2011; suppl. – SG 60/11, in force from 05.08.2011; amend. – SG 99/12, in force from 01.01.2013; amend. - SG 61/15, in force from 01.01.2016) for fund "Pensions", respectively fund "Pensions of the persons under Art. 69", as regards to persons, born before 1 January 1960:

 

a) 17,8 percent for those working under the terms of I or II labour category, and for the persons under Art. 69a – 20,8 percent;

 

b) (amend. – SG 98/16, in force from 01.01.2017) 60,8 percent for the persons under Art. 69;

 

2.   (amend. – SG 99/09, in force from 01.01.2010; amend. – SG 98/10, in force from 01.01.2011; suppl. – SG 60/11, in force from 05.08.2011; amend. – SG 99/12, in force from 01.01.2013; amend. - SG 61/15, in force from 01.01.2016) for fund "Pensions", respectively fund "Pensions of the persons under Art. 69", as regards to persons, born after 31 December 1959:

 

a) 12,8 percent for those working under the terms of I or II labour category, and for the persons under Art. 69a – 15,8 percent;

 

b) (amend. – SG 98/16, in force from 01.01.2017) 55,8 percent for the persons under Art. 69;

 

3.  (new – SG 99/12, in force from 01.01.2013; amend. – SG 106/13, in force from 01.01.2014) for the persons referred to in Art. 127, Para 5 the insurance installment for "Pensions" fund under item 2 shall be increased by 5 percentage points;

 

4.  (new – SG 107/14, in force from 01.01.2015; amend. - SG 61/15, in force from 01.01.2016) the insurance payment to the "Pensions" Fund shall be increased as follows:

 

a) from 1 January 2017 - with 1 percentage point, of which 0,56 shall be at the expense of the insurer and 0,44 at the expense of the insured person;

 

b) from 1 January 2018 - with 1 percentage point, of which 0,56 shall be at the expense of the insurer and 0,44 at the expense of the insured person;

 

5.  (prev. text of Item 03 – SG 99/12, in force from 01.01.2013; prev. text of item 4 – SG 107/14, in force from 01.01.2015) 3,5 % for fund "General Disease and Motherhood";

 

6.  (prev. text of Item 04 – SG 99/12, in force from 01.01.2013; prev. text of item 5 – SG 107/14, in force from 01.01.2015) 1 % for fund "Unemployment";

 

7.  (prev. text of Item 05 – SG 99/12, in force from 01.01.2013; prev. text of item 6 – SG 107/14, in force from 01.01.2015) from 0,4 to 1,1 % for fund "Labour accident and occupational disease", specified by the Budget of State Public Insurance Act for the respective year by groups of main economic activities.

 

(2) (suppl. – SG 105/06, in force from 01.01.2007; suppl. – SG 99/09, in force from 01.01.2010) The income for which are due insurance payments shall include all the remunerations, including the accounted and non-paid or non-accounted ones and other incomes from labour activity. With the Budget of State Public Insurance Act shall be determined:

 

1.   the maximum monthly amount of the insurable income during the calendar year;

 

2.   (amend. – SG 98/10, in force from 01.01.2011, amend. – SG, 99/17, in force from 01.01.2018) the minimum monthly amount of the insurable income during the calendar year for the self-insuring persons;

 

3.     (new, SG 119/02) the basic economic activities and qualification groups of professions, introduced for which is a minimal monthly size of insurable income for the calendar year for activities and groups of professions, as well as the minimal insurable income for them.\

 

(3) (amend., SG 119/02; amend., SG 112/03; suppl. – SG 105/06, in force from 01.01.2007; amend.

 

– SG 99/09, in force from 01.01.2010; amend. – SG 98/10, in force from 01.01.2011; amend. and suppl. –


SG 60/11, in force from 05.08.2011, amend. - SG 102/18, in force from 01.01.2019) The insurance payments for the workers and the employees and for persons under art. 4, para 1, items 7 and 8 shall be due for the received, inclusive the accounted and non-paid gross monthly remuneration or non-assigned monthly remuneration, but not more than the maximum monthly amount of the insurable income under para 2, item 3, and as regards to the persons, for whom a minimum insurable income is not specified – the minimum monthly remuneration for the state, and not more than the maximal monthly amount of the insurable income. The insurance instalments for the workers and employees and for the persons under art. 4, para 1, items 5, 7 and 8, and para 3, item 5 and 6 shall be distributed between the insurers and the insured as follows:

 

1.   for years 2000 and 2001 - 80:20;

 

2.   for year 2002 - 2004 - 75:25;

 

3.   for year 2005 - 70:30;

 

4.   for year 2006 - 65:35;

 

5.   (amend. – SG 105/06, in force from 01.01.2007) for year 2007 - 63:35;

 

6.   (amend. – SG 105/06, in force from 01.01.2007) for year 2008 - 60:40;

 

7.   (amend. - SG 77/07, in force from 01.10.2007; amend. – SG 109/08, in force from 01.01.2009) from 1 January 2009 the insurance instalments for the funds "General disease and motherhood" and "Unemployment" shall be in ratio 60:40;

 

8.   (amend. – SG 109/08, in force from 01.01.2009; amend. – SG 99/09, in force from 01.01.2010; amend. – SG 98/10, in force from 01.01.2011) from 1 January 2011 the insurance instalments for the fund "Pensions" regarding persons born before 1 January 1960, as well as for persons under Art. 127, Para. 5, working with employment relations, shall be shared out as follows:

 

a) 7,9 percent for the account of the insured person and regarding the self-insured person – 17,8

 

percent;

 

b) (suppl. – SG 100/11, in force from 01.01.2012) 9,9 percent at the expense of the insurer, and when the person works under the terms of I and II labour category as well as regarding persons under Art. 69a – 12,9 percent;

 

9.   (new – SG 109/08, in force from 01.01.2009; amend. – SG 99/09, in force from 01.01.2010; amend. – SG 98/10, in force from 01.01.2011) from 1 January 2011 the insurance instalments for the fund "Pensions" as regards to persons born after 31 December 1959, shall be shared out, as follows:

 

a) 5,7 percent for the account of the insured person and regarding the self-insured person – 12,8

 

percent;

 

b) (suppl. – SG 100/11, in force from 01.01.2012) 7,1 percent at the expense of the insurer, and when the person works under the terms of I and II labour category as well as regarding persons under Art. 69a – 10,1 percent;

 

10.  (new - SG 61/15, in force from 15.08.2015) in respect of the persons under Art. 4b, Para 1, who have chosen to change their insurance type from a universal pension fund into the "Pensions" fund, respectively the "Pensions of the persons under Art. 69" fund, the increased insurance payment to the "Pensions" fund, respectively to the "Pensions of the persons under Art. 69" fund, shall be equal to the amount of the payment under Art. 157, Para 1, Item 1; the payment shall be split between the insurer and the insured person in accordance with the amounts specified in Art. 157, Para 3;

 

11.  (new - SG 61/15, in force from 15.08.2015) in respect of the persons under Art. 4c, Para 1, who have chosen to change their insurance type from a professional pension fund into the "Pensions" fund, respectively the "Pensions of the persons under Art. 69" fund shall be equal to the amount of the payment under Art. 157, Para 1, Item 2.

 

(4) (amend., SG 119/02; amend. – SG 109/08, in force from 01.01.2009) The remuneration of the persons of Art. 4, para. 3, item 5 and 6 for which insurance instalments are due shall be determined after decreasing it with the expenses for the activity, specified according to the Income Taxes on Natural Persons Act.


(5)   (Amend., SG 74/02; suppl., SG 119/02; suppl. – SG 105/06, in force from 01.01.2007; amend. - SG 81/12, in force from 01.09.2012; suppl. – SG 99/12, in force from 01.01.2013) The insurance payments for the persons of art. 4, para 1, items 2, 3, 4 and 10 shall be due for the received or accounted but not paid gross monthly remuneration for these legal relations, but for not more than the maximum monthly amount of the insurable income and no less than the minimum working salary in the country, and shall be for the account of the state budget, respectively the budget of the judicial authority.

 

(6)    (suppl.. – SG 99/09, in force from 01.01.2010) The insurance payments for fund "Labour accident and professional disease", except for the instalments for the persons referred to in Art. 4a, para 1, shall be for the account of the insurers.

 

(7)   (new - SG 61/15, in force from 01.01.2016) The insurance payment to the Teachers' pension fund shall amount to 4,3 percent and shall be entirely at the expense of the insurer.

 

(8)   (amend.. – SG 99/09, in force from 01.01.2010; prev. text of Para 07 - SG 61/15, in force from 01.01.2016) The insurance payments for the persons of art. 4, para 3, items 1, 2 and 4 shall be for the account of the insured persons and they shall be due in advance: for monthly insurable income between the minimum and the maximum monthly amount of the income, determined with the Budget of State Public Insurance Act for the corresponding year.

 

(9)   (suppl., SG 19/02; amend. - 95/06, in force from 01.01.2007; suppl. – SG 105/06, in force from 01.01.2007; amend. – SG 109/08, in force from 01.01.2009; amend. – SG 99/09, in force from 01.01.2010; suppl. – SG 107/14, in force from 01.01.2016; prev. text of Para 08, amend. - SG 61/15, in force from 01.01.2016; amend. - SG 98/15, in force from 01.01.2016) The ultimate amount of the monthly insurable income for the persons of para 8 shall be calculated for the period throughout which has been carried out labour activity during the previous year on the basis of the data, declared in a reference to the annual tax declaration under the Income Taxes on Natural Persons Act, provided that the said amount cannot be less than the minimum monthly insurable income and may not exceed the maximum monthly insurable income. The final insurance instalments shall be due by the insured persons on the annual insurable income in the amounts fixed for the fund "Pensions" and for supplementary compulsory pension insurance and within the amounts for fund "General disease and motherhood" for self-employed persons who have chosen to be insured in this Fund within the term, set for submitting of the declaration. The annual insurable income shall be calculated as a difference between the declared or the determined by the revenue authorities pursuant to the Tax-insurance Procedure Code taxable income for carrying out the labour activity and the sum of the incomes, for which advance insurance payments have been made. Where by the tax declaration for the preceding year is declared income from activity which has been carried out during previous years, or is determined in a revision act pursuant to the Tax-insurance Procedure Code, the person shall also submit a correction reference note for the insurable income for the respective year.

 

(10)    (amend., SG 112/03; amend. - SG 12/15; prev. text of Para 09 - SG 61/15, in force from 01.01.2016) Farmers and tobacco producers registered on the basis of a statutory instrument, manufacturing unprocessed plant and / or animal products, shall not determine the final amount of the insurance income for this activity. Insurance contributions for these persons may be paid by Farmer Support Funds following a procedure set out by the Council of Ministers.

 

(11)    (prev. text of Para 10 - SG 61/15, in force from 01.01.2016) For the persons, who receive income from activities on different grounds under art. 4 the insurance payments shall be made for the sum of their insurable incomes, but not more than the maximum amount of the insurable income by the following order:

 

1. (amend. – SG 109/08, in force from 01.01.2009; amend. – SG 107/14, in force from 01.01.2015; suppl. - SG 54/15, in force from 17.07.2015, amend. – SG 98/16, in force from 01.01.2017) income from activities of the persons according to the succession laid out in Art. 4, para 1 and 10;

 

2. (new - SG 98/16, in force from 01.01.2017) income from benefits paid under the Labour Code or under special acts, on which contributions are due;

 

3. (*) (amend., SG 112/03; suppl. – SG 109/08, in force from 01.01.2009; amend. - SG 12/15; prev.


item 2 - SG 98/16, in force from 01.01.2017, suppl. – SG 99/19, in force from 01.01.2020) insurable income as sole entrepreneurs, owners or partners in commercial companies or unregistered partnerships, persons who are taxed in accordance with Art. 26, Para. 7 of the Income Taxes on Natural Persons Act, exercising freelance profession and/or craft activity and registered farmers and tobacco producers;

 

4. (prev. item 3 - SG 98/16, in force from 01.01.2017) incomes for work without labour legal

 

relation.

 

(12)     (suppl. – SG 109/08, in force from 01.01.2009; amend. – SG 100/11, in force from 01.01.2012; amend. – SG 107/14, in force from 01.01.2015; prev. text of Para 11, suppl. - SG 61/15, in force from 01.01.2016, amend. – SG, 99/17, in force from 01.01.2018) For the resources for social expenses, given permanently or regularly directly to the persons of art. 4, para 1 in money or in kind, shall be paid insurance payments in the amount for fund "Pensions", or the "Pension of the persons under Art. 69" fund respectively, determined respectively by the order of para 3, 5, 6 and 7.

 

(13)   (prev. text of Para 12 - SG 61/15, in force from 01.01.2016) The insurance payments for the account of the insurers cannot be withdrawn from the remuneration of the insured. It cannot be deducted with their extent.

 

(14)  (prev. text of Para 13 - SG 61/15, in force from 01.01.2016) The elements of the remuneration, as well as the incomes, for which insurance payments are made, shall be determined with an act of the Council of Ministers upon a proposal of the National Social Security Institute.

 

(15)  (new, SG 119/02; amend. - 95/06, in force from 01.01.2007; prev. text of Para 14, amend. - SG 61/15, in force from 01.01.2016) The reference under para 9 to the annual tax declaration according to the Income Taxes on Natural Persons Act shall be approved by the Minister of Finance and the Governor of the National Social Security Institute.

 

(16)   (new – SG 107/14, in force from 01.01.2015; prev. text of Para 15 - SG 61/15, in force from 01.01.2016) The maximum insurable income under summarized calculation of working time for more than a month shall be equal to the sum of the maximum insurable income for the time period, for which summary calculation of working time has been established.

 

(17)   (new - SG 98/16, in force from 01.01.2017) The minimum insurable income under summary calculation of working hours for more than one month shall equal the sum of the minimum insurable income under par. 2, item 3, and for persons, for whom no minimum insurable income is determined - the minimum wage in the country for the months in the period, for which summary calculation of working hours has been established.

 

 

 

Insurance payments and insurable income of persons on official trip in another Member State of the European Union, in another contracting country to the Agreement on the European Economic Area or in the Swiss Confederation

 

Art. 6a. (new – SG 19/10, in force from 14.09.2010) (*) (1) (suppl. – SG 100/11, in force from 01.01.2012; suppl. - SG 7/12; amend. and suppl. - SG 105/16, in force from 30.12.2016, suppl. – SG, 99/17, in force from 01.01.2018) Insurance payments for seconded employees or employees sent under the order of Art. 121a, Para 1, item 1 and para 2, item 1 of the Labour Code and in the meaning of Art. 12, Para. 1 of Regulation (EC) N 883/2004 of the European Parliament and of the Council of 29 April 2004, on ccordination of the social security systems, shall be due for received, respectively accrued and non-paid, gross monthly remunerations or non-accrued monthly remunerations, as well as for other income from labour activities in the host country or in Bulgaria, but shall not be under the minimum rates for labour remuneration in the host country and, as regards to workers and employees seconded or sent in a state where no minimum rates of pay are fixed – the minimum insurance income under Art. 6, para 2, item 3 and shall not exceed the maximum monthly amount of the insurable income under Art. 6, Para 2, Item 1.

 

(2)   The insurance payments for the persons under Para 1 shall be due in the amounts under Art. 6, Para 1 and shall be split between the insurers and the insured under the order of Art. 6, Para 3.


 

Procedure for payment of insurance contributions (title amend. SG 1/02)

 

Art. 7. (1) (amend. SG 1/02; amend. – SG 94/12, in force from 01.01.2013; amend. – SG 107/14, in force from 01.01.2015) The insurance payments for the state public insurance for the persons under Art. 4, Para 1 shall be made by the insurers by the 25th of the month following the month of providing the labour.

 

(2)   (amend. SG 1/02; suppl. – SG 109/08, in force from 01.01.2009; amend. – SG 94/12, in force from 01.01.2013) On the additional income from labour after the time limit under Para 1 the insurance payments for the month of providing the labour shall be made by the insurers by the 25th of the month following the month of calculation or payment of the income.

 

(3)   (new – SG 105/06, in force from 01.01.2007; amend. – SG 99/09, in force from 01.01.2010; revoked – SG 94/12, in force from 01.01.2013)

 

(4)   (amend. SG 1/02; prev. par. 3 – SG 105/06, in force from 01.01.2007; amend. – SG 94/12, in force from 01.01.2013, suppl. – SG, 99/17, in force from 01.01.2018) The insurance payments under Art. 6, Para. 8 for the self-insuring shall be paid personally or through insurance funds till the 25th day of the month following the one they are due for.

 

(5)   (*) (new - SG 64/00 - in force from August 1, 2000; amend., SG 112/03; prev. par. 4 – SG 105/06, in force from 01.01.2007; revoked. – SG 99/09, in force from 01.01.201; new – SG 1-9/13, in force from 01.01.2014; amend. - SG 18/14, in force from 04.03.2014, amend. – SG, 99/17, in force from 01.01.2018) If there are several public liabilities, self-insured persons and the persons referred to in Art. 4, para 9 may declare which obligations for state social insurance contributions they pay off following a procedure set out in the ordinance under Art. 5, para 6. In these cases, Art. 169, para 5 and para 6 of the Tax-Insurance Procedure Code shall not apply.

 

(6)   (new – SG 1/02; prev. par. 5 – SG 105/06, in force from 01.01.2007; amend. – SG 99/09, in force from 01.01.2010; amend. – SG 94/12, in force from 01.01.2013) The insurance payments for the persons, who work without labour legal relation, shall be paid by the insurer till the 25th of the month in which remuneration is paid.

 

(7)   (new – SG 1/02, amend. - SG 105/05, in force from 01.01.2006, amend. - SG 34/06, in force from 01.10.2006; prev. par. 6 – SG 105/06, in force from 01.01.2007, suppl. - SG 102/18, in force from 01.01.2019) The employers, the insurers, the self-insured persons, the persons under Art. 4, Para. 9 and the insurance funds shall deposit to the respective account of the competent territorial directorate of the National Revenue Agency through the respective banks, licensed post operator or their departments the obligatory insurance instalments, using the unified identification code.

 

(8)   (new – SG 1/02; amend. - SG 104/05, in force from 27.12.05; prev. par. 7, suppl. – SG 105/06, in force from 01.01.2007; amend. – SG 94/12, in force from 01.01.2013; suppl. – SG 107/14, in force from 01.01.2015) Insurers and self-insured persons who have chosen to be insured for General disease and motherhood shall pay insurance contributions separately for each month.

 

(9)   (new – SG 1/02; amend. - SG 104/05, in force from 27.12.2005; prev. par. 8 – SG 105/06, in force from 01.01.2007; revoked – SG 94/12, in force from 01.01.2013)

 

(10)   (new – SG 1/02; prev. par. 9 – SG 105/06, in force from 01.01.2007; amend. – SG 94/12, in force from 01.01.2013) The insurers, who do not have bank account, shall pay the insurance payments in cash at the banks and at the post branches and stations.

 

(11)   (new – SG 1/02; prev. par. 10 – SG 105/06, in force from 01.01.2007; amend. – SG 94/12, in force from 01.01.2013) The part of the insurance payments, which is for the account of the insured persons according to art. 6, para 3, shall not be withheld from the advance payments.

 

(12)   (new - SG 106/13, in force from 01.01.2014) Insurance installments for the time periods under Art. 9, para 3 shall be paid by isurers:

 

1. by 25th day of the month, following the month during which has entered into force the act establishing the illegal non-admission to work or suspension from work, and in the cases of reinstatement


under the terms of special laws – by 25th day of the month, following the month of reinstatement;

 

2.  by 25th day of the month, following the month during which has entered into force the act which recognizes the illegality of the dismissal by the competent authority

 

3.   by 25th day of the month, following the month for which the benefit is due to the reassigned person who is not assigned on adequate position;

 

4.   by 25th day of the month, following the month during which the unemployment benefit has been

 

paid up.

 

(13) (new - SG 54/15, in force from 17.07.2015) The insurance payments for state public insurance for the persons under Art. 114a, Para 1 of the Labour Code shall be paid in advance on at least the minimum monthly insurance income under Art. 6, Para 2, Item 3.

 

 

Insurance funds

 

Art. 8. (1) (amend., SG 64/00; amend. - SG 104/05, in force from 01.01.2006, amend. - SG 105/05, in force from 01.01.2006; amend. – SG 105/06, in force from 01.01.2007; amend. – SG 58/12, in force from 01.08.2012) The insurers, the self-insured persons as well as the persons referred to in Art. 4, para 9 shall be able to establish insurance funds which are registered at the territorial directorate of the National Revenue Agency. The insurance funds shall carry out the insurance of their members. The insurers who are members of the insurance funds and have hired up to 50 employees can carry out their insurance, as well as the insurance of the persons working for them without legal terms of employment, through the insurance funds.

 

(2)    (amend., SG 64/00) The insurance funds shall implement the insurance of the persons under

 

para 1 by:

 

1. (amend., SG 64/00, SG 1/02, amend. - SG 105/05, in force from 01.01.2006; amend. and suppl. – SG 105/06, in force from 01.01.2007) collecting and transferring within the legally set terms the due insurance payments for the state public insurance, for the supplementary compulsory pension insurance, for health insurance and the instalments for the fund "Secured receivables of workers and employees" and transferring them to the respective accounts of the National Revenue Agency;

 

2. (amend. – SG 105/06, in force from 01.01.2007) submit to the respective territorial unit of the National Social Security Institute the required documents for payment of the financial compensations and financial supports from the state public insurance;

 

3. register and preserve the documents connected with the insuring of the members of the fund.

 

(3)    (suppl. - SG 105/05, in force from 01.01.2006) The way and the order for establishing and functioning of the insurance funds shall be provided with an act of the Council of Ministers upon proposal by the National Social Security Institute, coordinated with the National Revenue Agency.

 

 

 

Pensionable service (title amend. SG 1/02)

 

Art. 9. (amend. SG 1/02) (1) (amend., SG 119/02. amend. SG 112/2004) The pensionable service shall be calculated in hours, days, months and years. As pensionable service shall be considered:

 

1.   (amend. and suppl. – SG 99/09, in force from 01.01.2010; amend. – SG 107/14, in force from 01.01.2015; suppl. - SG 54/15, in force from 17.07.2015. suppl. – SG, 99/17, in force from 01.01.2018, amend. - SG 102/18, in force from 01.01.2019) the time, during which the persons of art. 4, para 1, item 1, and Para 10 have worked during a legally established time, if the insurance instalments have been paid or due on the received, accounted and non-paid, as well as non-accounted remuneration, but not less than the minimal insurable income under art. 6, para 2, item 3 for the respective profession; if the person has worked part time the insurance time of practice shall be considered proportionally to the legally established working time;

 

2.   (amend. – SG 100/10, in force from 01.01.2011; amend. - SG 81/12, in force from 01.09.2012, amend. - SG 102/18, in force from 01.01.2019) the time for which insurance instalments have been paid or


due on no less than the minimal salary for the country for the persons under art. 4, para 1, items 5 and 10 and para 3, item 5; when the remuneration of the persons under art. 4, para 1, items 5 and 10, on which the insurance instalments have been made, is less than the minimal salary for the country, the time of practice shall be considered proportionally;

 

3.    (amend., SG 112/03 (*), suppl. – SG 98/16, in force from 01.01.2017) the time for which insurance instalments have been paid or due for the persons under art. 4, para 1, item 7 and 8 on no less than the minimal insurable income under art. 6, para 2, item 3, and for persons, for whom no minimum insurable income is determined - the minimum salary in the country;

 

4.   (suppl. – SG 99/09, in force from 01.01.2010; amend. - SG 98/15, in force from 01.01.2016, amend. – SG 98/16, in force from 01.01.2017) the time for which the due insurance instalments have been made under Art. 6, Para 8 by the self-insured persons and the due insurance instalments by the persons under Art. 4a, Para 1;

 

5.   (new – SG 109/08, in force from 01.01.2009; suppl. – SG 99/09, in force from 01.01.2010; amend. – SG 107/14, in force from 01.01.2015) the time period during which the persons referred to in Art. 4, para 1, items 1 through 4, for whom minimum insurable income under Art. 6, para 2, item 3 has not been specified, have worked full time legally, provided that insurance instalments have been deposited or are due on the received and non-paid as well as non-accounted remuneration, however on an amount not less than the minimum salary for the state; in case the person has worked part-time, the period of coverage shall be calculated pr rata to the working time set by the law as regards to the person, provided that insurance instalments are deposited or due on the respective proportional share of the minimum salary.

 

(2) As pensionable service without making insurance payments, shall be considered the time:

 

1.   (amend., SG 52/04, In force from 1st of August 2004) of paid and non paid leave for taking bringing up a child;

 

2.   (amend. and suppl. – SG 1/14, in force from 01.01.2014, amend. - SG 30/18, in force from 01.07.2018) of paid and non paid leave for temporary inability to work, of pregnancy and childbirth, for childbirth and adoption of a child up to 5 years of age;

 

3.   of the non-paid leave up to 30 days during one calendar year;

 

4.   during which the person has received unemployment benefit;

 

5.   (new – SG 105/06, in force from 01.01.2007; amend. – SG 109/08, in force from 01.01.2009; amend. – SG 1/14, in force from 01.01.2014, amend. - SG 30/18, in force from 01.07.2018, amend. – SG 99/19, in force from 17.12.2019) during which the self-insured persons, which are insured for disability as a result of general disease, old age and death and for general disease and motherhood, have received financial compensations for provisional inability to work, pregnancy and delivery and taking care of a child up to 2 years of age, as well as in the cases of adoption of a child up to 5 years of age, and the periods of temporary inability to work, pregnancy and delivery and taking care of a child up to 2 years of age, as well as in the cases of adoption of a child up to 5 years of age, for which they have not been entitled to get a financial compensation.

 

(3) As pensionable service shall also be considered the time:

 

1.   (amend., SG 119/02; suppl. – SG 99/09, in force from 01.01.2010; suppl. – SG 99/12, in force from 01.01.2013) during which the persons of art. 4, para 1, items 1, 2, 3 and 4 and Art. 4a, Para. 1 have not worked due to unlawful not admitting or removing from work, or where dismissed and consequently restored to work as set out in special laws; for this period shall be considered insurance payments for the account of the insurer, and as regards to the persons referred to in Art. 4a, para 1 – by their employer for the last gross remuneration, if the person has not been insured; if the person has been insured on another ground, the insurance payments shall be made for the difference between the last gross remuneration and the insurable income for the period, if this income is smaller;

 

2.   (amend., SG 119/02; suppl. – SG 99/09, in force from 01.01.2010; suppl. – SG 99/12, in force from 01.01.2013) during which the persons of art. 4, para 1, items 1, 2, 3 and 4 and Art. 4a, Para. 1 have been unemployed due to dismissal, which has been recognized as unlawful by the competent bodies – from


the date of the dismissal till the restoration at work, but not after the expiry of 14 days from entry into force of the act, in which the unlawfulness of their dismissal was recognized by the competent authority; for this period shall be paid insurance payments for the account of the insurer, and as regards to the persons referred to in Art. 4a, para 1 – by their employer for the last gross remuneration, if the person has not been insured; if the person has been insured, the insurance payments shall be made for the difference between the last gross remuneration and the insurable income for the period, if this income is smaller;

 

3.   (amend. – SG 15/13, in force from 01.01.2014) during which the dismissed due to detention by the authorities has remained unemployed as result of this, and he has not been convicted, or has been acquitted, or the punitive procedure has been terminated, or the imposed penalty imprisonment has been recognized by the respective court as ungrounded because he has not committed the act or the committed act does not constitute a crime; for this period insurance payments shall be made for the account of the state budget for the last gross remuneration;

 

4.  during which the labour readjusted person does not work because appropriate work has not been ensured by the insurer according to the instructions of the health authorities; for this period insurance payments shall be made for the account of the insurer for the compensation due;

 

5.     (amend. – SG 99/09, in force from 01.01.2010) during which the person has received compensation for the time, during which he has remained unemployed under the Labour Code, the Civil Servant Act and the Higher Education Act; for this period insurance payments shall be made for the received compensation; for the workers and the employees the insurance payments shall be allocated according to art. 6, para 3, items 8 and 9.

 

(4) The pensionable service in the cases of para 3, items 1- 4 shall be considered of the category of labour in which the person has worked before the unlawful non admitting or removal from work, the dismissal, the serving of penalty imprisonment and the time, during which the labour adjusted do not work, if this is more favourable for the person.

 

(5) (suppl. – SG 100/11, in force from 01.01.2012; suppl. - SG 61/15, in force from 01.01.2016, suppl. – SG, 99/17, in force from 01.01.2018) The insurance payments of para 3 shall be in the amounts for fund "Pensions", or the "Pensions of the persons under Art. 69" respectively, and for the supplementary compulsory pension insurance and the Teachers’ Pension Fund. In the cases under Para. 3, p. 5 no insurance contributions are due for the Teachers’ Pension Fund.

 

(6) (amend. – SG 41/09, in force from 02.06.2009; amend. - SG 61/15, in force from 15.08.2015, amend. – SG, 99/17, in force from 01.01.2018, amend. – SG 105/18, in force from 01.01.2020) As pensionable service at retirement shall be considered the time, during which care is taken for a person, to whom assistancwe is designated. The length of service shall be accounted for one of the following persons: husband (wife), parent (adoptive parent) or one of the parents of the mother or the father of the disabled person. The pensionable service shall be recognised, provided that during the same period the person, who has laid the cares has not been insured or has received personal pension. At retirement for the period, which is recognized as pensionable service, shall be paid insurance payments in the amount for fund "Pensions" for the minimum salary by the date of giving the pension, which are for the account of the state budget.

 

(7) (amend. – SG 15/13, in force from 01.01.2014) As pensionable service at retirement shall be considered also the period of conscript or peace time alternative service and the time, during which a non working mother has brought up a child up to 3 years of age. For this periods shall be paid insurance payments in the amount for fund "Pensions" for the account of the state budget for the minimum salary by the date of giving the pension.

 

(8) (revoked - SG 61/15, in force from 01.01.2016)

 

(9) (revoked - SG 61/15, in force from 01.01.2016)

 

(10) (revoked - SG 61/15, in force from 01.01.2016)

 

(11) (new, SG 119/02, suppl. – SG 98/16, in force from 01.01.2017) The order and the way of certifying and calculating the insurance time of service shall be determined by an ordinance of the Council of Ministers at a proposal of the National Social Security Institute.


 

When payment of insurance contributions by persons is deemed as pensionable service

 

Art. 9a. (new – SG 100/10, in force from 01.01.2011) (1) (amend. – SG 99/12, in force from 01.01.2013, suppl. – SG 99/19, in force from 01.01.2020) As pensionable service upon retirement, if not recognized on other grounds and insurance contributions have been deposited as per Para. 3, shall be recognized:

 

1.    the period of education of the persons possessing higher or semi-higher educational degree, without exceeding the period of education, specified in the curriculum for the respective course;

 

2.   the period of the doctoral course as determined in an Act in respect of the persons who have acquired doctoral educational and research degree.

 

(2) (Amend. – SG 99/19, in force from 01.01.2020) Upon retirement as pensionable service of persons who have reached the age specified in Art. 68, para 1, shall also be considered the time period during which they are short of 5 years of pensionable service to acquire pension right as per Art. 68, para 1 and 2, but not more than 5 years, if during this time insurance instalments have been paid according to Para. 3.

 

(3) (amend. – SG 94/12, in force from 01.01.2013, suppl. – SG 99/19, in force from 01.01.2020) Insurance contributions under para 1 and 2 shall be paid by bank transfer following the filing of a statement as set out in the ordinance issued by the Minister of Finance under Art. 5, Para 6. The contributions shall be entirely at the persons’ expense, calculated at the date of their payment in the amount determined for the Pension Fund for persons born before 1 January 1960, over the minimum monthly amount of insurance income for self-insured persons, determined by the law on the state social security budget for the respective year.

 

(4) (amend. – SG 99/12, in force from 01.01.2013) In the cases of Para 2 the lacking pensionable service shall be calculated towards the date of the application. The pension shall be provided as from the date of the application after the due pension contributions have been paid.

 

(5) Where insurance instalments under para 1 have been paid for periods of education, shorter than 5 years, the person shall have the right to deposit insurance instalments under para 2 for the remaining period to 5 years.

 

(6) (amend. – SG 99/12, in force from 01.01.2013, repealed – SG 99/19, in force from 01.01.2020)

 

 

 

Occurrence, duration, and termination and interruption of the insurance (title amend. – SG 100/10, in force from 01.01.2011)

 

Art. 10. (1) (amend. SG 1/02; suppl. – SG 99/09, in force from 01.01.2010; prev. text of Art. 10 – SG 100/10, in force from 01.01.2011) The insurance shall occur from the day the persons start to exercise labour activity of Art. 4 or Art. 4a, para 1 as well as for the day regarding which insurance instalments have been deposited or are due, and shall continue till its termination.

 

(2)   (new – SG 100/10, in force from 01.01.2011) Insurance shall be interrupted during the periods which are not deemed as pensionable service, regardless of whether the activity under Art. 4 or Art. 4a, para 1 is not brought to an end.

 

 

 

Insurance rights of the persons insured for general disease, old age and death, labour accident and occupational disease, as well as unemployment (title amend. – SG 109/08, in force from 01.01.2009)

 

Art. 11. (1) (amend. – SG 109/08, in force from 01.01.2009) The persons insured for general disease, old age and death, labour accident and occupational disease, as well as unemployment shall be


entitled to:

 

1. cash benefit for:

 

a)   temporary loss of working capacity due to general disease, labour accident, senatorial - resort treatment and necessary medical examination or investigation, quarantine, removal from work due to recommendation by the health authorities, taking care of ill or member of the family under quarantine, necessary accompanying of an ill member of the family for medical examination, investigation or treatment as well as for taking care of a healthy child returned from a children's establishment due to quarantine of the establishment or the child;

 

b)  labour adjustment at temporary reduced ability to work due to general disease, labour accident or professional disease;

 

c)   (amend. – SG 98/16, in force from 01.01.2017) labour adjustment due to pregnancy or breast-feeding, or advanced stage of IVF treatment;

 

d)  pregnancy and child birth;

 

e)   (amend. – SG 99/19, in force from 17.12.2019) bringing up a child up to 2 years of age;

 

f)    (new – SG 1/14, in force from 01.01.2014, amend. - SG 30/18, in force from 01.07.2018) adoption of a child up to 5 years of age;

 

2. money support for:

 

a)   disability due to general disease when there is no ground for conceding a pension;

 

b)   prophylactics and rehabilitation;

 

c)   auxiliary - technical means connected with the injury;

 

3. (new – SG 1/02) unemployment benefit.

 

4. (prev. 3 – SG 1/02) pensions for:

 

a)   pensionable service and age;

 

b)   disability due to labour accident or professional disease;

 

c)   disability due to general disease.

 

(2) (amend. SG 1/02; amend. – SG 100/11, in force from 01.01.2012) At death of the insured person the husband (the wife), the children and the parents shall have the right to onetime benefit and inheritance pension.

 

(3) (new – SG 1/02; amend., SG 76/03) The pecuniary support for disability due to general disease, when the insured person does not have the necessary time of service for granting disability pension due to a general disease, shall be in extent of the 60-days compensation for temporary loss of capacity to work, determined according to art. 41.

 

 

 

Insurance rights of the insured for labour accident and professional disease (title amend. SG

 

1/02)

 

Art. 12. (1) The persons insured for only labour accident or professional disease shall have the right

 

to:

 

1.    cash benefits for temporary loss of working capacity due to labour accident or professional disease, sanatorium - resort treatment, necessary medical examination, investigation and/ or treatment;

 

2.   money support for prophylactics and rehabilitation;

 

3.   pension for disability due to labour accident or professional disease;

 

4.   money support for auxiliary - technical means connected with the injury.

 

(2)    (amend. SG 1/02; amend. – SG 100/11, in force from 01.01.2012) At death of the insured person happened in causal connection with the accident or with the professional disease, the husband (the wife), the children and the parents shall have right to onetime benefit and to an insurance pension.


Insurance rights of the insured only for disability due to general disease, for old age and death (title amend. SG 1/02)

 

Art. 13. (1) (amend. SG 1/02) Those insured for disability due to general disease, old age and death shall have right to:

 

1.   pension for disability due to general disease;

 

2.   pension for pensionable service and old age;

 

3.   money support for auxiliary - technical means connected with the injury.

 

(2)   (amend. SG 1/02; amend. – SG 100/11, in force from 01.01.2012, suppl. – SG 98/16, in force from 01.01.2017) At death of the insured person the husband (the wife), the children and the parents shall have right to onetime benefit and to one inheritance pension. Upon death of the self-insured person, the allowance shall be paid when the social security contributions due for the last month, for which the deadline under Art. 7, para. 4 has expired, are deposited.

 

 

 

Insurance rights of the persons insured for general disease and motherhood

 

Art. 13a. (new – SG 109/08, in force from 01.01.2009) The persons insured for general disease and motherhood shall be entitled to:

 

1. cash compensations for:

 

a)   temporary inability to work as a result of general disease, sanatorium treatment or for urgent medical examinations or tests, quarantine, suspension from work prescribed by the medical authorities, for taking care of an ill or quarantined family member, for urgent need to accompany an ill family member to a medical check-up, test or treatment, and for taking care of a healthy child dismissed from a child-care facility because of quarantine imposed on that facility or on the child.

 

b)   rehabilitation reassignment in case of temporary reduced ability to work due to general disease;

 

c)   (amend. – SG 98/16, in force from 01.01.2017) rehabilitation reassignment due to pregnancy or breast-feeding, or advanced stage of IVF treatment;

 

d)  pregnancy and birth;

 

e)   (amend. – SG 99/19, in force from 17.12.2019) raising a child up to 2 years of age;

 

f)    (new – SG 1/14, in force from 01.01.2014, amend. - SG 30/18, in force from 01.07.2018) adoption of a child up to 5 years of age;

 

2. financial aid for:

 

a)   disability due to general disease, provided that there are no grounds for granting pension;

 

b)   prevention and rehabilitation;

 

c)   auxiliary - technical means related to the injury.

 

 

 

Insurance rights of the persons insured for unemployment

 

Art. 13b. new – SG 109/08, in force from 01.01.2009) The persons insured in fund "Unemployment" shall be entitled to monetary compensation for unemployment.

 

 

 

Financial aid for prevention and rehabilitation

 

Art. 13c. (new – SG 105/06, in force from 01.01.2007; prev. text of Art. 13a – SG 109/08, in force from 01.01.2009) (1) (amend. – SG 109/08, in force from 01.01.2009) Persons, insured for general disease, motherhood and/or labour accident and occupational disease, shall have the right to get financial supports for prevention and rehabilitation, provided that insurance instalments have been deposited or are due regarding the abovementioned risks for a period of 6 calendar months, preceding the month, in which the prophylactic and rehabilitation are carried out. The period of 6 calendar months shall also include the period:


1.   of paid and non-paid leaves for raising a child;

 

2.   (suppl. – SG 1/14, in force from 01.01.2014, amend. - SG 30/18, in force from 01.07.2018) of paid and non-paid leaves for temporary inability to work and for leave for pregnancy and childbirth, as well as leave in the cases of adoption of a child up to 5 years of age;

 

3.   of non-paid leave of up to 30 working days during a calendar year;

 

4.   (amend. – SG 1/14, in force from 01.01.2014, amend. - SG 30/18, in force from 01.07.2018, suppl. – SG 99/19, in force from 01.01.2020) during which self-insured persons who are insured for general disease and motherhood, have received cash benefit for temporary loss of working capacity, pregnancy and birth and raising a child up to 2 years of age as well as in the cases of adoption of a child up to 5 years of age, and the periods of temporary inability to work, pregnancy and childbirth and raising a child up to 2 years of age, as well as upon adoption of a child up to 5 years of age, during which periods they have not been entitled to compensation.

 

(2) The requirement for deposited or due insurance instalments for a period of 6 calendar months under par. 1 shall not apply to persons with disabilities resulting from labour accident or an occupational disease.

 

(3) (amend. – SG 100/10, in force from 01.01.2011; amend. - SG 98/15, in force from 01.01.2016) Persons, getting a personal pension for disability shall also be entitled to get the supports under par. 1, provided that they are not of the age under Art. 68, para 1.

 

(4) The conditions for use and payment of financial support for prophylactic and rehabilitation to persons under par. 1 and 3, as well as the procedures for selection of legal persons – performers of this activity, shall be determined in an ordinance of the Supervisory Board of the National Social Security Institute.

 

 

 

Amount of the one-time benefit upon death of an insured person

 

Art. 13d. (new – SG 100/11, in force from 01.01.2012) The amount of the one-time benefit upon death of an insured person under Art. 11, para 2, Art. 12, para 2 and Art. 13, para 2 shall be fixed annually by the Act on the Budget of the State Public Insurance. The said benefit shall be allocated between the surviving spouse, the children and parents of the insured person.

 

 

 

Expertise of the working ability

 

Art. 14. (revoked, SG 70/04)

 

 

 

Bodies of the expertise of the working ability

 

Art. 15. (revoked, SG 70/04)

 

 

 

Appealing the decision of the bodies of the expertise Art. 16. (revoked, SG 70/04)

 

 

 

Entering into force of the decisions

 

Art. 17. (revoked, SG 70/04)


Chapter two.

 

FINANCIAL STRUCTURE

 

 

Insurance funds

 

Art. 18. (amend. SG 112/2004) (1) The resources of the state public insurance shall be detached in:

 

1.   fund "Pensions";

 

2.   (new - SG 61/15, in force from 01.01.2016) fund "Pensions of the persons under Art. 69";

 

3.  (new – SG 1/02; prev. text of Item 02 - SG 61/15, in force from 01.01.2016) fund "Pensions, not connected with labour activity";

 

4.   (prev. 2 – SG 1/02; prev. text of Item 03 - SG 61/15, in force from 01.01.2016) fund "Labour accident and professional disease";

 

5.   (prev. 3 – SG 1/02; prev. text of Item 04 - SG 61/15, in force from 01.01.2016) fund "General disease and motherhood";

 

6.     (new – SG 1/02; prev. text of Item 05 - SG 61/15, in force from 01.01.2016) fund "Unemployment".

 

(2) (revoked – SG 109/08, in force from 01.01.2009)

 

 

 

Budget of the funds

 

Art. 19. (1) (amend. SG 1/02) The National Assembly shall pass Budget of State Public Insurance Act that includes consolidated budget of the state public insurance, the budgets of the funds of art. 18 and the budget of the Social Security Institute, and it shall be in effect for one year.

 

(2)    The draft Budget of State Public Insurance Act shall be prepared by the National Social Security Institute and it shall be presented to the Council of Ministers for co-ordination together with the draft State Budget Act. The Ministry of Finance shall, after the approval of the macro - economic framework of the state budget, concede to the National Social Security Institute the necessary indices for compiling the draft budget of the state public insurance.

 

(3)   The draft act of para 2 shall be compiled according to the full budget classification for the state

 

budget.

 

(4)   (amend., SG 112/03) In the Budget of State Public Insurance Act shall be provided a general reserve of the funds of art. 18, formed through deductions according to a normative, determined in the State Budget Act on the basis of an insurance - technical plan. In the reserve shall be input also the incomes from principals of the acts for deficiency.

 

(5)   The draft Budget of State Public Insurance Act insurance shall be considered by the National Assembly simultaneously with the draft State Budget Act.

 

(6)   In case the budget of the state public insurance is not passed by the National Assembly till the beginning of the budget year, the insurable incomes shall be collected and the insurance expenses shall be made according to the normative acts in effect, and for maintenance of the bodies of the National Social Security Institute shall be spent monthly up to one twelfth part of the expenses provided in the budget for the previous year.

 

 

 

Budget of the Social Security Institute

 

Art. 20. (1) (amend. SG 112/2004) The budget of the National Social Security Institute shall be part of the consolidated budget of the state public insurance and shall be developed according to the paragraphs of the budget classification.

 

(2) (amen, SG 112/2004; amend. - SG 104/05, in force from 01.01.2006) The funds in the budget of


the National Social Security Institute shall be formed by:

 

1.   (suppl. - SG 98/15, in force from 01.01.2016, amend. – SG 98/16, in force from 01.01.2017) percentage of the incomes from the insurance payments for the funds "Pensions", “Pensions of the persons under Art. 69”, ”General disease and motherhood", "Labour accident and professional disease" and "Unemployment";

 

2.  (amend. - SG 106/13, in force from 01.01.2014) interest on overdue insurance contributions paid up or collected by way of enforcement and on incorrect insurance expenses;

 

3.   revenues from fines, property sanctions and delay interest;

 

4.   percentage of the revenues in fund "Guarantied receivables of the workers and employees" for the activities under Art. 13 of the Act on Secured Claims of Workers and Employees in the Event of Insolvency of their Employer;

 

5.   (amend. – SG 107/14, in force from 01.01.2015) revenues from sales of insurance books and forms – approved patterns by the Governor of the National Social Security Institute;

 

6.     incomes  from  certification  of  copies  of  documents  issued  by  the  National  Social  Security

 

Institute;

 

7.   incomes from fees for issuance of certificates;

 

8.   revenues and incomes from ownership and non-fiscal revenues;

 

9.   (revoked - SG 106/13, in force from 01.01.2014)

 

11.   (amend. – SG 15/13, in force from 01.01.2014) subsidies (transfers) form the State Budget;

 

12.   (new – SG 113/07, in force from 01.01.2008; revoked – SG 109/08, in force from 01.01.2009)

 

(3) (amend. - SG 104/05, in force from 01.01.2006; suppl. – SG 113/07, in force from 01.01.2008)

 

The expenses and the transfers of the budget of the National Social Security Institute shall be determined for:

 

1.   maintenance of the activity for the state public insurance and the Act on Secured Claims of Workers and Employees in the Event of Insolvency of their Employer;

 

2.  capital expenses for acquisition of long term material assets and major repair, connected with the overall activity of the National Social Security Institute;

 

3.   redemption of liabilities for loans;

 

4.   (new – SG 113/07, in force from 01.01.2008; revoked – SG 109/08, in force from 01.01.2009)

 

(4) (amend. - SG 104/05, in force from 01.01.2006) The percentages of para 2, items 1 and 4 shall

 

be determined with the Budget of State Public Insurance Act.

 

(5)    The expenses of para 3 shall be approved by the supervision council of the National Social Security Institute upon proposal by the manager.

 

(6)   (new - SG 104/05, in force from 01.01.2006; amend. – SG 109/08, in force from 01.01.2009; amend. - SG 106/13, in force from 01.01.2014) The revenues under Para 2, items 2 - 8 shall come as own revenues in the budget of the National Social Security Institute.

 

(7)   (new - SG 104/05, in force from 01.01.2006; amend. – SG 109/08, in force from 01.01.2009; revoked – SG 38/12, in force from 01.07.2012)

 

 

 

Teachers' Pension Fund

 

Art. 20a. (new - SG 61/15, in force from 01.01.2016) (1) The annual budget of the Teachers' Pension Fund shall be adopted in the act on the budget of the state social insurance for the respective year as an annex thereto and shall not form part of the consolidated budget of the state social insurance.

 

(2)   In case the act on the budget of the state social insurance for the respective year is not adopted by the National Assembly before the beginning of the budget year, the income for the Teachers' pension fund shall be collected and the costs shall be made in accordance with the effective regulations.

 

(3)   The funds accrued in the Teachers' Pension Fund shall be spent for paying out the pensions and additions under Art. 69c.


(4)   The funds of the Teachers' pension fund that are free may be deposited as set out in Art. 28.

 

(5)   The primary administrator of the funds in the Teachers' pension fund shall be the governor of the National Insurance Institute, and secondary administrators shall be the heads of the territorial units of the National Insurance Institute.

 

(6)   (new - SG 98/16, in force from 01.01.2017) The administrative, technical, accounting, legal and information services of the Teachers Pension Fund shall be carried out by the National Social Security Institute.

 

 

Incomes of fund "Pensions"

 

Art. 21. (amend. SG 112/2004) The funds of fund "Pensions" shall be collected from:

 

1.   insurance payments of insurers, insured and self - insuring persons;

 

2.   insurance payments and incomes provided in other laws, for insuring disability due to general disease, old age and death;

 

3.  (amend. SG 1/02; amend., SG 67/03; in force from January 1, 2003; amend. - SG 98/15, in force from 01.01.2016) sums of the state budget for conducting the insurance of the persons of art. 4, para 1, item 2, art. 9, para 6 and sums of the budget of the judicial authority for the persons under art. 4, para 1, item 3;

 

4.  (amend. SG 1/02, amend. SG 112/2004; amend. – SG 15/13, in force from 01.01.2014; amend. - SG 61/15, in force from 01.01.2016) transfers of the state budget, provided in the act on the budget of the state social insurance for the respective year;

 

5.   (revoked – SG 112/2004; new – SG 109/08, in force from 01.01.2009; amend. – SG 15/13, in force from 01.01.2014; revoked - SG 61/15, in force from 01.01.2016)

 

6.   (amend. SG 1/02; revoked, SG 112/03)

 

7.   fees determined with a tariff of the Council of Ministers;

 

8.   interests and dividends;

 

9.   grants and wills;

 

10.   (revoked – SG 1/02);

 

11.   other sources.

 

 

 

Expenses of fund "Pensions"

 

Art. 22. (suppl. – SG 113/07, in force from 01.01.2008) The expenses of fund "Pensions" shall be spent and transferred for:

 

1.   (amend. SG 1/02) payment of pensions for pensionable service and age, pensions for disability due to general disease and the additions to them;

 

2.   (suppl. SG 1/02) updating, indexation and compensation of pensions of item 1;

 

3.   other expenses connected with the pension insurance;

 

4.  (new – SG 1/02; amend. – SG 113/07, in force from 01.01.2008; revoked – SG 109/08, in force from 01.01.2009)

 

5.   (new – SG 105/06, in force from 01.01.2007) supports for prophylactic and rehabilitation.

 

 

 

Incomes to the "Pensions of the persons under Art. 69" Fund (Title amend. - SG 61/15, in force from 01.1.2016)

 

Art. 22a. (new – SG 1/02, amend. SG 112/2004; amend. - SG 61/15, in force from 01.01.2016) The funds for fund "Pensions of the persons under Art. 69" shall be collected from:

 

1.   insurance payments of the persons under Art. 69;

 

2.   transfers, provided in the act on budget of state social insurance for the current year;

 

3.   4. interests and dividends.


 

Expenses for the "Pensions of the persons under Art. 69" Fund (Title amend. - SG 61/15, in force from 01.1.2016)

 

Art. 22b. (new – SG 1/02; amend. - SG 61/15, in force from 01.01.2016) The resources of fund "Pensions of the persons under Art. 69" shall be spent for:

 

1.    payment of pensions for pensionable service and age, pensions for disability due to general disease and the additions to them of the persons under Art. 69;

 

2.   updating the pensions under Item 1;

 

3.   (new - SG 98/15, in force from 01.01.2016) support for prophylactics and rehabilitation.

 

 

 

Income to the "Pensions unrelated to labour activities" Fund (new - SG 61/15, in force from 01.1.2016)

 

Art. 22c. (new – SG 61/15, in force from 01.01.2016) The resources of the "Pensions not related to labour activities" shall be collected from:

 

1. transfers from the state budget for:

 

a)    payment of pensions, for which no insurance instalments are due, and for the indexations, compensations and additions thereto;

 

b)   additions to the pensions of the war-time veterans;

 

c)   additions under Art. 84, determined on the basis of the pensions under Letter "a";

 

d)    additions to the pensions, determined in the Political and Civil Reabilitation of Repressed Persons Act;

 

2. fees, determined in a tariff of the Council of Ministers;

 

3. interests and dividends;

 

4. donations and testaments.

 

 

Expenses from the "Pensions unrelated to labour activities" Fund

 

Art. 22d. (new – SG 61/15, in force from 01.01.2016) (1) The resources of fund "Pensions unrelated to labour activities" shall be spent for payment of:

 

1.   pensions for military disability;

 

2.   pensions for civil disability;

 

3.   social pensions for old age;

 

4.   social pensions for disability;

 

5.   pensions for special merits;

 

6.   personal pensions;

 

7.   additions to the pensions of the veterans from the wars;

 

8.   additions to the pensions under the Political and Civil Reabilitation of Repressed Persons Act;

 

9.   additions under art. 84, determined by pensions for which no insurance payments are due;

 

10.   indexation and compensations to the pensions and additions under item 1 – 9;

 

11.   supports for prophylactic and rehabilitation;

 

(2)   The resources for fund "Pensions unrelated to labour activities" shall be spent for payment of pensions for which no insurance payments are due under the repealed Pensions Act and Public Insurance Act, as well as for the indexations, the compensations and the additions to them.

 

 

Incomes of fund "Labour accident and professional disease"

 

Art. 23. The incomes of fund "Labour accident and professional disease" shall be collected from:

 

1. insurance payments;


2.   (amend., SG 67/03; in force from January 1, 2003) sums from the state budget for insuring the persons under art. 4, para 1, items 2 and 4, and sums of the budget of the judicial authority for the persons under art. 4, para 1, item 3;

 

3.   incomes provided in other laws for insuring for labour accident and professional disease;

 

4.   (revoked - SG 112/2004)

 

5.   (suppl. SG 1/02; revoked, SG 112/03)

 

6.   fees determined with a tariff of the Council of Ministers;

 

7.   interests and dividends;

 

8.   grants and wills;

 

9.   other sources.

 

 

 

Expenses of fund "Labour accident and professional disease"

 

Art. 24. The resources of fund "Labour accident and professional disease" shall be spent for:

 

1.   payment of cash compensations, pensions and supports;

 

2.   updating, indexation and compensation of cash benefits, pensions and supports;

 

3.   measures for prevention of labour accidents and professional diseases;

 

4.   (new – SG 105/06, in force from 01.01.2007) diagnostics of occupational diseases;

 

5.  (prev. item 4 – SG 105/06, in force from 01.01.2007) auxiliary - technical means connected with the damage;

 

6.  (prev. item 5 – SG 105/06, in force from 01.01.2007) other expenses connected with the insuring for labour accident and professional disease.

 

 

 

Incomes of fund "General disease and motherhood"

 

Art. 25. The incomes of fund "General disease and motherhood" shall be collected from:

 

1.   insurance payments;

 

2.   (amend., SG 67/03; in force from January 1, 2003) sums from the state budget for insuring of persons of art. 4, para 1, items 2 and 4 and sums of the budget of the judicial authority for the persons under art. 4, para 1, item 3;

 

3.   incomes provided by other laws for insuring general disease and motherhood;

 

4.   (new – SG 1/02, revoked - SG 112/2004)

 

5.   (prev. 4 – SG 1/02, revoked - SG 112/2004)

 

6.   (prev. 5, amend – SG 1/02; revoked, SG 112/03)

 

7.   (prev. 6 – SG 1/02) fees, determined with a tariff of the Council of Ministers;

 

8.   (prev. 7 – SG 1/02) interests and dividends;

 

9.   (prev. 8 – SG 1/02) grants and wills;

 

10.   (prev. 9 – SG 1/02) other sources.

 

 

 

Expenses of fund "General disease and motherhood"

 

Art. 26. The resources of fund "General disease and motherhood" shall be spent for:

 

1.   payment of cash benefits and supports;

 

2.   updating, indexation and compensation of cash benefits and supports;

 

3.   financing the activities for reducing the general diseases;

 

4.   ensuring with auxiliary - technical means;

 

5.   (new – SG 105/06, in force from 01.01.2007) funds for the program "Supporting motherhood";

 

6.   (prev. item 5 – SG 105/06, in force from 01.01.2007) other expenses connected with the insuring


for general disease and motherhood.

 

 

 

Incomes for fund "Unemployment" (new – SG 1/02)

 

Art. 26a. (new – SG 1/02) The incomes for fund "Unemployment" shall be collected from:

 

1.   insurance payments;

 

2.   (revoked, SG 112/03)

 

3.   (amend. – SG 35/09, in force from 12.05.2009; amend. – SG 16/10, in force from 26.02.2010) purposed sums from the state budget for compensations under art. 230 and art. 231, para 1 of the Act on Defence and Armed Forces of the Republic of Bulgaria;

 

4.   interests and dividends;

 

5.   grants and wills;

 

6.   other sources.

 

 

 

Expenses for fund "Unemployment" (new – SG 1/02)

 

Art. 26b. (new – SG 1/02; amend. – SG 113/0, in force from 01.01.2008; amend. – SG 109/08, in force from 01.01.2009; amend. – SG 35/09, in force from 12.05.2009; amend. – SG 16/10, in force from 26.02.2010) The expenses for fund "Unemployment" shall be spent and transferred for payment of unemployment benefit, compensation under art. 230 and art. 231, para 1 of the Act on Defence and Armed Forces of the Republic of Bulgaria.

 

 

 

Short - term free of interest loans for the funds

 

Art. 27. (amend., SG 119/02; amend. – SG 15/13, in force from 01.01.2014) At temporary deficit of resources in the funds for covering urgent insurance payments can be used short - term free of interest loans from the state budget, by a permit of the Minister of Finance at a proposal of the Governor of the National Social Security Institute, as well as loans from funds of social designation up to the size of their reserves, by a permit of the Minister of Finance and the Minister of Labour and Social Policy at a proposal of the Supervisory Board of the National Social Security Institute.

 

 

 

Investment of free resources

 

Art. 28. (suppl. SG 64/00, amend. SG 1/02) The temporary free resources of the funds of state public insurance can be invested in deposit accounts in the Bulgarian National Bank or for acquisition on the primary market or through the Ministry of Finance of state securities, issued by the Bulgarian government.

 

 

 

Bank servicing

 

Art. 29. (amend. SG 1/02) (1) The banks, servicing the accounts of the National Social Security Institute shall be determined by the Ministry of Finance and the Bulgarian National Bank. The supervisory council of the National Social Security Institute shall select the banks who have the right to service the accounts of the National Social Security Institute among these determined by the Bulgarian National Bank and the Ministry of Finance.

 

(2)   The order and the way of servicing the accounts of the National Social Security Institute shall be determined by the Ministry of Finance and the Bulgarian National Bank.


Fulfillment of the budget

 

Art. 30. (1) The fulfillment of the budget of the state public insurance shall be implemented by the National Social Security Institute.

 

(2)   Primary administrator of the budget of the state public insurance shall be the manager of the National Social Security Institute.

 

(3)  Secondary administrators of the budget of the state public insurance at the territorial divisions of the National Social Security Institute shall be their chiefs.

 

 

 

Annual account

 

Art. 31. (1) The annual account of the fulfillment of the budget of the state public insurance shall be prepared by the National Social Security Institute shall be presented by its manager to the National Assembly for approval together with the account of the state budget.

 

(2)   The decision of the National Assembly for approval of the account for the fulfillment of the budget of the state public insurance shall be promulgated in the State Gazette.

 

 

 

 

Chapter three.

 

MANAGEMENT

 

 

Functions of the Minister of Labour and Social Policy (title amend. – SG 100/10, in force from 01.01.2011)

 

Art. 32. (amend. – SG 100/10, in force from 01.01.2011) The Minister of Labour and Social Policy shall develop, co-ordinate and conduct the state policy for state public insurance.

 

 

 

Social Security Institute

 

Art. 33. (1) The state public insurance shall be managed by the National Social Security Institute. It shall report about its activity before the National Assembly.

 

(2)   (suppl. – SG 100/10, in force from 01.01.2011; amend. - SG 61/15, in force from 15.08.2015, amend. – SG 98/16, in force from 01.01.2017) The National Social Security Institute shall be a legal entity with headquarters in Sofia. The structure and organization of the National Social Security Institute shall be determined by the regulations under Art. 36, para. 1, item 5.

 

(3)    (new – SG 38/12, in force from 01.07.2012) The operation of the National Social Security Institute shall be carried out by administration in which persons work in public service and employment relationships. Art. 107a of the Labour Code shall apply to persons working under employment contracts.

 

(4)     (new – SG 38/12, in force from 01.07.2012) The Administration Act shall apply to the administration of the National Social Security Institute, inasmuch as otherwise is not provided for in this Code.

 

(5)   (new – SG 120/02, revoked – SG 105/05, in force from 01.01.2006; prev. text of para 3 – SG 38/12, in force from 01.07.2012) The National Social Security Institute shall:

 

1. fulfil the budget of the state public insurance;

 

2. (amend. - SG 105/05, in force from 01.01.2006) establish and collect the takings of the state public insurance from incorrectly spent expenditures;

 

3. (revoked – SG 105/05, in force from 01.01.2006);

 

4. (suppl. - SG 105/05, in force from 01.01.2006) implement control over the observing of the insurance legislation in relation to the activities assigned to it;


5.   organise the activity for establishing administrative breaches and administrative penalties;

 

6.  (suppl. SG 1/02; amend. – SG 106/13, in force from 01.01.2014) make the payment of pensions, benefits and allowances under this Code, as well as the secured claims under the Act on Guaranteed Claims of Workers and Employees in the Event of Insolvency of their Employer;

 

7.   (amend. – SG 106/13, in force from 01.01.2014) maintain information system about the insured persons, insurers and the self insured persons on the basis of the data provided by the National Revenue Agency, as well as about the occupational accidents and diseases;

 

8.   implement activity for preparation and application of international agreements in the field of state public insurance;

 

9.   (new – SG 1/02) issue information bulletin.

 

10.   (new – SG 120/02, amend. - SG 105/05, in force from 01.01.2006; amend. – SG 106/13, in force from 01.01.2014) maintain information system about the pensions, benefits and allowances being paid up under this Code, as well as the secured claims under the Act on Secured Claims of Workers and Employees in the Event of Insolvency of their Employer.

 

11.  (new, SG 67/03; suppl. - SG 104/05, in force from 27.12.2005 suppl. - SG 105/05, in force from 01.01.2006; suppl. – SG 107/14, in force from 01.01.2015) conclude contracts for submitting information, informational products for procession of information and for activities related to the social insurance under terms and procedure, defined by the manager of the National Social Security Institute.

 

12.   (new – SG 106/13, in force from 01.01.2014)create and keep a register of doctor`s notes for sick leaves and the decisions related to appeal thereof.

 

13.  (new - SG 98/16, in force from 01.01.2017) inform the persons not later than 6 months prior to them reaching the age for entitlement to a pension for length of service and age under Art. 68, para. 1, to whom has not been granted pension for length of service and age, on the conditions under which they may retire during the next calendar year.

 

14.  (new - SG 102/18, in force from 01.01.2019) issue a personal identification code for electronic identification and access to the electronic administrative services provided by the National Social Security Institute;

 

15.    (new - SG 102/18, in force from 01.01.2019) keep a register of the persons who have transferred funds from a Bulgarian pension scheme to a pension scheme of the European Union, of the European Central Bank or of the European Investment Bank.

 

16.   (new – SG 99/19, in force from 01.01.2022) keep a register of the data from the documents under Art. 5, Para. 7, items 2, 3 and 4;

 

17.  (new – SG 99/19, in force from 01.01.2022) keep a register of the persons with insurance length of service under Art. 9a;

 

18.   (new – SG 99/19, in force from 01.01.2022) keep a register of the decisions of the medical commissions under Art. 98, Para. 4.

 

(6) (revoked – SG 105/05, in force from 01.01.2006; new – SG 41/07; amend. and suppl. – SG 99/09, in force from 01.01.2010; prev. text of para 4 – SG 38/12, in force from 01.07.2012) The information, required for implementation of functions and authorities of the National Social Security Institute, shall be provided free of charge by the respective state and municipal bodies, including all data from the Unified System of Citizens’ Registration and Administrative Services to Population and from the National Statistics Institute and from the medical establishments.

 

(7) (new – SG 109/13, in force from 01.01.2014) The National Social Security Institute shall provide the Executive Director of the National Revenue Agency with information on income paid/charged to persons resident in another Member State of the European Union under Art. 143h, para 1, item 4 of the Tax-Insurance Procedure Code by April 30 of the year following the year of payment*charge of the income pursuant to Art. 143h, para 7 of the Tax-Insurance Procedure Code.

 

(8) (New – SG 99/19, in force from 01.01.2020) The National Social Security Institute shall carry out an on-going exchange of information with the National Revenue Agency in connection with the exercise


of their powers, in an order determined by guidelines issued jointly by the Governor of the National Social Security Institute and by the Executive Director of the National Revenue Agency.

 

 

Edition to SG, 102/11 Dec 2018

 

Social Security Institute

 

Art. 33. (1) The state public insurance shall be managed by the National Social Security Institute. It shall report about its activity before the National Assembly.

 

(2)   (suppl. – SG 100/10, in force from 01.01.2011; amend. - SG 61/15, in force from 15.08.2015, amend. – SG 98/16, in force from 01.01.2017) The National Social Security Institute shall be a legal entity with headquarters in Sofia. The structure and organization of the National Social Security Institute shall be determined by the regulations under Art. 36, para. 1, item 5.

 

(3)    (new – SG 38/12, in force from 01.07.2012) The operation of the National Social Security Institute shall be carried out by administration in which persons work in public service and employment relationships. Art. 107a of the Labour Code shall apply to persons working under employment contracts.

 

(4)     (new – SG 38/12, in force from 01.07.2012) The Administration Act shall apply to the administration of the National Social Security Institute, inasmuch as otherwise is not provided for in this Code.

 

(5)   (new – SG 120/02, revoked – SG 105/05, in force from 01.01.2006; prev. text of para 3 – SG 38/12, in force from 01.07.2012) The National Social Security Institute shall:

 

1. fulfil the budget of the state public insurance;

 

2. (amend. - SG 105/05, in force from 01.01.2006) establish and collect the takings of the state public insurance from incorrectly spent expenditures;

 

3. (revoked – SG 105/05, in force from 01.01.2006);

 

4. (suppl. - SG 105/05, in force from 01.01.2006) implement control over the observing of the insurance legislation in relation to the activities assigned to it;

 

5. organise the activity for establishing administrative breaches and administrative penalties;

 

6. (suppl. SG 1/02; amend. – SG 106/13, in force from 01.01.2014) make the payment of pensions, benefits and allowances under this Code, as well as the secured claims under the Act on Guaranteed Claims of Workers and Employees in the Event of Insolvency of their Employer;

 

7. (amend. – SG 106/13, in force from 01.01.2014) maintain information system about the insured persons, insurers and the self insured persons on the basis of the data provided by the National Revenue Agency, as well as about the occupational accidents and diseases;

 

8. implement activity for preparation and application of international agreements in the field of state public insurance;

 

9. (new – SG 1/02) issue information bulletin.

 

10. (new – SG 120/02, amend. - SG 105/05, in force from 01.01.2006; amend. – SG 106/13, in force from 01.01.2014) maintain information system about the pensions, benefits and allowances being paid up under this Code, as well as the secured claims under the Act on Secured Claims of Workers and Employees in the Event of Insolvency of their Employer.

 

11. (new, SG 67/03; suppl. - SG 104/05, in force from 27.12.2005 suppl. - SG 105/05, in force from 01.01.2006; suppl. – SG 107/14, in force from 01.01.2015) conclude contracts for submitting information, informational products for procession of information and for activities related to the social insurance under terms and procedure, defined by the manager of the National Social Security Institute.

 

12. (new – SG 106/13, in force from 01.01.2014)create and keep a register of doctor`s notes for sick leaves and the decisions related to appeal thereof.

 

13. (new - SG 98/16, in force from 01.01.2017) inform the persons not later than 6 months prior to them reaching the age for entitlement to a pension for length of service and age under Art. 68, para. 1, to whom has not been granted pension for length of service and age, on the conditions under which they may


retire during the next calendar year.

 

14.  (new - SG 102/18, in force from 01.01.2019) issue a personal identification code for electronic identification and access to the electronic administrative services provided by the National Social Security Institute;

 

15.    (new - SG 102/18, in force from 01.01.2019) keep a register of the persons who have transferred funds from a Bulgarian pension scheme to a pension scheme of the European Union, of the European Central Bank or of the European Investment Bank.

 

(6) (revoked – SG 105/05, in force from 01.01.2006; new – SG 41/07; amend. and suppl. – SG 99/09, in force from 01.01.2010; prev. text of para 4 – SG 38/12, in force from 01.07.2012) The information, required for implementation of functions and authorities of the National Social Security Institute, shall be provided free of charge by the respective state and municipal bodies, including all data from the Unified System of Citizens’ Registration and Administrative Services to Population and from the National Statistics Institute and from the medical establishments.

 

(7) (new – SG 109/13, in force from 01.01.2014) The National Social Security Institute shall provide the Executive Director of the National Revenue Agency with information on income paid/charged to persons resident in another Member State of the European Union under Art. 143h, para 1, item 4 of the Tax-Insurance Procedure Code by April 30 of the year following the year of payment*charge of the income pursuant to Art. 143h, para 7 of the Tax-Insurance Procedure Code.

 

 

 

 

 

Management bodies

 

Art. 34. Management bodies of the National Social Security Institute shall be:

 

1.   the supervisory council;

 

2.   the manager and the deputy manager.

 

 

 

Supervisory council

 

Art. 35. (1) (Suppl., SG 112/02; amend., SG 67/03, amend. – SG 98/16, in force from 01.01.2017) The supervisory council shall be comprised by one representative of each representative organisations of the workers and the employees and of the employers recognised according to the Labour Code, and equal to them number of representatives determined by the Council of Ministers, one of which shall obligatorily be the Deputy Executive Director of the National Revenue Agency.

 

(2)   The representatives of the organisations of the workers and the employees and of the employers of para 1 shall be determined by their management bodies at national level.

 

(3)   (new – SG 1/02) When the representative organisations of the workers and the employees or of the employers are different in number, the quota or the organisations with smaller number shall be supplemented to the quota of the organisations with bigger number according to an agreement between the interested organisations.

 

(4)    (new – SG 1/02) At lack of agreement of para 3 supplement of the quota of the nationally representative organisations with smaller number is not implemented and the members of the Supervisory council shall be determined as quantity only by the order of para 1.

 

(5)   (prev. 3 – SG 1/02) The supervisory council shall have mandate for a term of four years.

 

(6)   (prev. 4 – SG 1/02) The members of the supervisory council as well as the changes in it shall be promulgated by its chairman in State Gazette.

 

(7)   (prev. 5 – SG 1/02) The members of the supervisory council shall elect among themselves a chairman according to the rotation principle.

 

(8)   (prev. 6 – SG 1/02) The supervisory council shall be summoned at sessions by the chairman or


upon request by one third of its members.

 

(9)   (prev. 7 – SG 1/02) The sessions of the supervisory council shall be lawful if at them have been present at least half of its members. Its decisions shall be taken if for them vote more than half of the total number of the members of the supervisory council.

 

(10)   (prev. 8– SG 1/02) The manager of the National Social Security Institute shall participate in the sessions of the supervisory council with consultative vote.

 

 

 

Functions of the supervisory council

 

Art. 36. (1) (prev. Art. 36 – SG 41/07) The supervisory council shall:

 

1.   approve the basic directions of the activity of the National Social Security Institute

 

2.   (amend. - SG 61/15, in force from 01.01.2016) approve the drafts of the annual budget of the state public insurance, the annual budget of the Teachers' pension fund, and their accounts;

 

3.   implement control over the activity of the National Social Security Institute, the council of the manager; the manager and the deputy manager;

 

4.  approve the drafts of the normative acts for the state public insurance before submitting them for approval to the corresponding state bodies;

 

5.   (suppl. – SG 106/13, in force from 01.01.2014) approve regulation for the organisation of the activity of the National Social Security Institute and regulation for the activity of the supervisory council. Rge Rules on Organization and Operation of the National Social Security Institute shall be promulgated in the State Gazette by the Chairperson of the supervisory council;

 

6.   (suppl. SG 1/02, amend. - SG 105/05, in force from 01.01.2006) give consent for deferring of takings for obligatory insurance instalments to the funds of the state social insurance in the cases of art. 184, 185 and 188 from the Tax-insurance Procedure Code;

 

7.   (amend., SG 67/03, suppl. - SG 105/05, in force from 01.01.2006, amend. and suppl. – SG, 99/17, in force from 01.01.2018) take decision for writing off uncollectible takings from the takings, collected by the National Social Security Institute, after finishing the procedures for bankruptcy of the insurers;

 

8.   take decisions for acquisition and disposal with the possessions of the National Social Security Institute above the extent determined with the regulation for the organisation and the activity of the National Social Security Institute;

 

9.   take decisions for use of resources from the reserve of the budget of the state public insurance;

 

10.    take decisions about acquisition of immovable properties by the National Social Security Institute against liabilities t the funds of the state public insurance;

 

11.   (revoked – SG 99/09, in force from 01.01.2010)

 

12.   (new – SG 107/14, in force from 01.01.2015) determine by a decision the performers of the activities related to prevention and rehabilitation for the calendar year; the decision may not be subject to appeal.

 

(2) (new – SG 41/07, suppl. – SG 42/09; amend. – SG 107/14, in force from 01.01.2015) Members of the Supervisory Board shall not receive remuneration for their participation in sessions of the Supervisory Board.

 

 

 

Manager and deputy manager

 

Art. 37. (1) (suppl. – SG 98/16, in force from 01.01.2017) The manager and the deputy manager of the National Social Security Institute shall be elected by the National Assembly for a term of four years. Within three months before the expiry of the mandate of the manager and the deputy manager, the National Assembly shall elect the new manager and deputy manager. In the event where, by the expiry of the


mandate of the manager and the deputy manager, new election has not been made, they shall continue to exercise their powers until election is done.

 

(2)    The manager of the National Social Security Institute shall act on behalf of the institute, organise and manage its activity and represent it before all individuals and corporate bodies in the country and abroad.

 

(3)   (amend. – SG 100/11, in force from 01.01.2012) If the manager is absent his functions shall be implemented by the deputy manager. The deputy manager shall be able to implement functions assigned to him by the manager.

 

(4)    (suppl. – SG 42/09; amend. – SG 97/10, in force from 10.12.2010, amend. – SG 7/18) The manager and the deputy manager shall be possible to be discharged also before the elapse of the term for which they have been elected if they have been convicted for a crime of general character with a verdict entered into force, in case of enforcement of an act, establishing a conflict of interests as per the Act On Counteracting Corruption And On Seizure Of Illegally Acquired Property, if they systematically breach their obligations, if they are impaired to fulfil them for a term more than six months or if they have submitted application for retirement to the National Assembly.

 

(5)   The manager shall:

 

1.   implement the operational management of the National Social Security Institute;

 

2.  (suppl. - SG 105/05, in force from 01.01.2006) approve instructions, forms and other documents connected with the conduct of the insurance in relation to the activities, assigned to the National Social Security Institute, obligatory for all individuals and corporate bodies;

 

3.   submit for approval to the supervisory council:

 

a)   (amend. - SG 61/15, in force from 01.01.2016) the draft budget of the state public insurance and the Teachers' pension fund;

 

b)    (amend. - SG 61/15, in force from 01.01.2016) draft of the account of the fulfilment of the budget of the state public insurance and of the account for fulfilment of the Teachers' pension fund;

 

c)   drafts of normative acts for the state public insurance;

 

d)  draft of regulation for the organisation and the activity of the National Social Security Institute;

 

e)     drafts of decisions for use of resources from the reserve of the budget of the state public

 

insurance;

 

4. open and close divisions of the National Social Security Institute and approve their structure and

 

budgets;

 

5. conclude disposition transactions with the asses of the National Social Security Institute up to the extent determined with the regulation for the organisation and the activity of the National Social Security Institute;

 

6. (suppl. SG 1/02, amend. - SG 105/05, in force from 01.01.2006) give consent for deferring of takings for obligatory insurance installments to the funds of the state social insurance in the cases of art. 184, 185 and 188 from the Tax-insurance Procedure Code;

 

7. approve the distribution of capital investment for managing the possessions of the National Social Security Institute.

 

8. (new - SG 64/00) approve and declare the insurable income under art. 70.

 

9. (new - SG 104/05, in force from 01.01.2006; amend. – SG 105/06, in force from 01.01.2007) determine the prices of the services and the activities under Art. 20, Para 2, items 5 - 8.

 

10. (new – SG 38/12, in force from 01.07.2012) perform the functions of:

 

a)   body of assignment of public officers;

 

b)   employer to employees in employment legal relationship.

 

(6) (new – SG 41/07) The manager of the National Social Insurance Institute shall get a basic monthly remuneration in the amount of the basic monthly remuneration of a Chairperson of a permanent parliamentary commission. The vice-manager of the National Social Insurance Institute shall get a basic monthly remuneration in the amount of the basic monthly remuneration of a popular representative.


 

Council to the manager

 

Art. 38. (1) (amend. and suppl. – SG 100/11, in force from 01.01.2012; amend. – SG 106/13, in force from 01.01.2014) In his or her activity the manager shall be assisted by a council to the manager of the National Social Security Institute. The members of the said council shall be determined in the Rules of Organization and Operation of the National Social Security Institute. The manager shall summon and convene and chair the meetings of the Council of the manager.

 

(2)    The sessions of the council of the manager shall be lawful if two third of the members are present. The decisions shall be taken with simple majority.

 

(3)   (suppl. – SG 38/12, in force from 01.07.2012) The council of the manager shall propose to the manager drafts of decisions connected with his powers of art. 37, para 5, items 1 - 9.

 

 

 

Requirements to the members of the supervisory council, the manager and the deputy manager

 

Art. 39. (1) (amend. – SG 42/09, prev. text of Art. 39 - SG 103/17, in force from 01.01.2018) The members of the supervisory council, the manager and the deputy manager of the National Social Security Institute shall not be possible to be:

 

1.   persons deprived from the right to take leading, accounting or materially responsible position;

 

2.   persons who are participating in management or control bodies of other insurance funds;

 

3.   persons convicted for committed crime;

 

4.   persons who have been members of managerial bodies of corporate bodies terminated due to insolvency if there are left unsatisfied creditors;

 

5.   (suppl. – SG 42/09) persons who are spouses or are in cohabitation in fact or are relatives in direct or lateral line or due to marriage up to forth degree with members of the supervisory council, the manager and the deputy manager.

 

(2) (new - SG 103/17, in force from 01.01.2018) The circumstance under par. 1, item 3 shall be established ex officio.

 

 

 

 

Chapter four.

 

COMPENSATIONS

 

 

Section I.

 

Benefits for temporary loss of working capacity and vocational rehabilitation

 

 

Entitlement to compensations

 

Art. 40. (suppl. – SG 105/06, in force from 01.01.2007; amend. – SG 109/08, in force from 01.01.2009; amend. – SG 100/10, in force from 01.01.2011) (1) The insured persons for general disease and motherhood shall have right to cash benefit instead of remuneration for the time of leave due to temporary inability to work and in case of vocational rehabilitation, if they have at least 6 months of insurance coverage of this risk. The requirement for the 6 months of insurance coverage shall not apply to persons below 18 years of age.

 

(2)   (amend., SG 112/03 ; amend. – SG 109/08, in force from 01.01.2009) The persons insured for labour accident and occupational disease shall be entitled to cash benefit for labour accident or occupational disease, as well as to compensation upon of vocational rehabilitation in those cases, regardless of the


coverage period.

 

(3)   (suppl. SG 1/02, amend. SG 38/05; amend. – SG 105/06, in force from 01.01.2007; amend. – SG 109/08, in force from 01.01.2009; suppl. – SG 99/09, in force from 01.01.2010; amend. – SG 100/10, in force from 01.01.2011, amend. – SG 99/19, in force from 01.01.2020) The cash benefit for temporary loss of working capacity, vocational rehabilitation, pregnancy and childbirth and bringing up a child up to 2 years of age and the aid from the state public insurance shall be accounted and paid by the National Social Security Institute to the insured persons to a personal payment account stated by them, designated with an International Bank Account Number (IBAN), maintained by a payment service provider licensed by the Bulgarian National Bank, or by a branch of a payment service provider operating in the territory of the country. Provided that the person does not have right to compensation or support, the official, to whom management of payment of compensations and financial aid is assigned or another official authorized by the Chief of the respective territorial unit of the National Social Security Institute, shall issue an order for rejection. The order shall be subject to cancellation, provided that within the prescription period under Art. 115, par. 4 the person or the insurer provide new or further evidences, substantiating the right of compensation or a support.

 

(4)   (new – SG 100/10, in force from 01.01.2011; amend. – SG 107/14, in force from 01.01.2015, suppl. – SG 99/19, in force from 01.01.2020) An official mentioned in para 3 shall issue an order for suspension of the procedure on granting or payment of cash benefits for temporary inability to work, occupational accident or occupational disease, vocational rehabilitation, pregnancy and childbirth and bringing up a child up to 2 years of age, in those cases where:

 

1. acts of the authorities of medical expertise are appealed against;

 

2. evidence is presented that could lead to issuance of order for refusal or termination of compensation payment;

 

3. no data were provided in the register under Art. 33, para 5, item 12 regarding issued sick leaves and decisions on appeal thereof.

 

(5)   (amend., SG 64/00; amend., SG 112/03; amend. – SG 105/06, in force from 01.01.2007 prev. text of para 4 – SG 100/10, in force from 01.01.2011; amend. – SG 99/12, in force from 01.01.2013) The insurer shall pay to the insured person for the first three working days of the temporary inability to work 70 percent of the average daily gross allowance for the month, in which the temporary inability to work has occurred, but not less than 70 percent of the average daily agreed remuneration.

 

(6)   (new – SG 105/06, in force from 01.01.2007; amend. – SG 109/08, in force from 01.01.2009; prev. text of para 5 – SG 100/10, in force from 01.01.2011; revoked – SG 106/13, in force from 01.01.2014)

 

(7)   (new – SG 99/12, in force from 01.01.2013) The cash benefits for temporary inability to work shall be restored by the persons for the period of receiving a disability pension for the same disease, except in the cases where the medical certificate is based upon objective data for exacerbation of the medical conditions, as well as on interventions related to the treatment of a chronic disease.

 

 

 

Terms for providing the documents and data required for payment of cash benefit for temporary loss of working capacity or vocational rehabilitation (Title suppl. - SG 98/15, in force from 01.01.2016)

 

Art. 40a. (1) (new – SG 99/09, in force from 01.01.2010; amend. – SG 94/12, in force from 01.01.2013; suppl. - SG 98/15, in force from 01.01.2016) The documents and data required for payment of cash benefit for temporary loss of working capacity or vocational rehabilitation shall be presented to the respective territorial directorate of the National Social Security Institute within the following terms:

 

1.   (amend. - SG 98/15, in force from 01.01.2016) by the insurers, their branches and units and the insurance funds – by the 10th of the month following the month of submission by the insured person of the documents for payment of the compensation to the insurer.

 

2.   (amend. - SG 98/15, in force from 01.01.2016) by the self-insured persons – by the 10th of the


month following the month of the issue of the document for payment of the compensation.

 

 

 

Remuneration on the basis of which the compensation is calculated

 

Art. 41. (1) (suppl., SG 64/00; amend. – SG 105/06, in force from 01.01.2007; amend. – SG 100/10, in force from 01.01.2011; amend. – SG 100/11, in force from 01.01.2012) The daily cash benefit for temporary loss of working capacity due to general disease shall be calculated in extent of 80 percent and for temporary inability to work due to labour accident of professional disease - in extent of 90 percent of the average daily gross remuneration or the average daily insurable income for which have been paid or due insurance payments, and for the self0insured persons – deposited insurance instalments for general disease and motherhood for the period of 18 calendar months preceding the occurrence of the inability to work. The daily cash benefit for temporary loss of working capacity due to a general disease cannot exceed the average daily net remuneration for the period from which the compensation is calculated

 

(2)   (amend. SG 1/02) For the days included in the period of para 1 shall be taken into account the average daily minimum working salary for the country for the corresponding period if the person:

 

1. (amend. – SG 109/08, in force from 01.01.2009) has not been insured for fund general disease and motherhood;

 

2. (revoked – SG 109/08, in force from 01.01.2009)

 

3. has used unpaid leave which is recognised as working practice;

 

4. (amend. – SG 99/19, in force from 17.12.2019) has used leave for bringing up a child up to 2 years of age.

 

5. (new – SG 105/06, in force from 01.01.2007) has been insured in compliance with the legislation of another country under the conditions of an international treaty, in which the Republic of Bulgaria is a party.

 

(3)   (amend. – SG 105/06, in force from 01.01.2007; amend. – SG 1/14, in force from 01.01.2014, amend. - SG 30/18, in force from 01.07.2018) For the days included in the period of para 1 during which the person has received cash benefit from the public insurance for temporary inability to work, pregnancy and child birth or adoption of a child up to 5 years of age, the extent of the income, from which the pecuniary remuneration has been determined shall be taken into account.

 

(4)   (new, SG 67/03) The sum on the basis of which the compensation shall be calculated may not be larger than the maximal monthly size of the insured income, determined by the Budget of State Public Insurance Act for the period for which the benefit is determined.

 

(5)   (prev. para 4 - SG 67/03) The way of calculating the compensation shall be determined with an act of the Council of Ministers.

 

 

 

Duration of compensation payment

 

Art. 42. (1) The cash benefit for temporary loss of working capacity due to general disease, labour accident and professional disease shall be paid from the first day of occurrence till the restoration of the ability to work or the establishing of disability.

 

(2)    (amend., SG 64/00, SG 1/02; suppl. – SG 105/06, in force from 01.01.2007; amend. – SG 100/10, in force from 01.01.2011; amend. and suppl. – SG 99/12, in force from 01.01.2013, repealed, - SG, 99/17, in force from 01.01.2018)

 

(3)   (amend. SG 1/02; amend. – SG 35/09, in force from 12.05.2009; amend. – SG 16/10, in force from 26.02.2010; amend. – SG 100/10, in force from 01.01.2011) When the temporary inability has occurred before the termination of a temporary employment contract, military service contracts and contracts for management and control of commercial companies, the cash benefit shall be paid for not more than 30 calendar days after the termination of the employment legal relations or the contracts. If the


temporary inability to work is due to labour accident of professional disease, the cash benefit shall be paid till the restoration of the ability to work or till establishing of disability.

 

(4)    (new - SG 54/15, in force from 17.07.2015) The monetary compensations for temporary inability to work resulting from a labour accident or professional disease of the persons under Art. 114a, Para 1 of the Labour Code shall be paid for the duration of the inability to work, but no more than 90 calendar days.

 

 

 

Benefits for quarantine or suspension from work

 

Art. 43. Cash benefits for temporary loss of ability to work due to quarantine or suspension from work upon prescription by health authorities shall be paid respectively for:

 

1.   the time during which the insured person is under quarantine;

 

2.   the time of suspension from work if the insured cannot be vocationally rehabilitated at another appropriate position during this time but for not more than 90 calendar days during one calendar year.

 

 

 

Sanatorium and resort treatment compensations

 

Art. 44. To the persons unable to work, sent by the health authorities to sanatorium and resort treatment shall be paid compensations for the whole stay, including up to three calendar days for travel, within the extent determined respectively for general disease or for labour accident and professional disease.

 

 

 

Compensations for taking care of a sick family member

 

Art. 45. (1) Compensations under the conditions and within the extent of the cash benefit for temporary loss of ability to work due to a general disease shall be paid also for:

 

1.   taking care of or necessary accompanying for medical examination in the country or abroad for an ill member of the family over 18 years of age - to each insured up to 10 calendar days during one calendar year.

 

2.  taking care of or necessary accompanying for medical examination, investigation or treatment in the country or abroad for an ill child up to 18 years of age - up to 60 calendar days during one calendar year as a total for all insured members of the family; within this time shall not be included the time for taking care of a child under items 3 - 5;

 

3.  taking care for a child under quarantine up to 18 years of age, ill with infectious disease - till the expiry of the term of the quarantine;

 

4.  taking care of an ill child up to 3 years of age, accommodated in an establishment for hospital aid together with the insured person - for the time during which the insured has been at the establishment;

 

5.  taking care of a healthy child returned from a children's establishment due to quarantine - till the duration of the quarantine.

 

(2) For one and the sae insurance case for one and the same time cash benefit can be paid to only one member of the family.

 

(3) For taking care of a chronically ill member of the family cash benefit shall be paid at aggravation of the disease.

 

(4) (amend. – SG 19/10) As members of the family of the insured person shall be considered his ascendants and descendants of direct lineage and his spouse.

 

(5) (New, SG 52/04, In force from 1st of August 2004) The cash benefit under para 1, item 2, 3, 4 and 5 shall also be paid for raising a child accommodated with friends, relatives or accepting family by the order of art. 26 of the Child Protection Act.


Cases in which no compensation is paid

 

Art. 46. (1) No cash benefit shall be paid to insured persons who:

 

1.   premeditatedly impair their health with objective to get leave or compensation;

 

2.   breach the regime determined by the health authorities - only for the days of breach;

 

3.  have become incapable to work due to use of alcohol, strong intoxicating drug without treatment objective or due to events committed under the influence of such means;

 

4.  have become unable to work due to hooligan and other antisocial conduct thereof, established by the due order;

 

5.   have become unable to work due to not observing the rules for safe work, established by the due

 

order.

 

(2) In the cases of para 1, items 3 and 4 the term for which compensation is not paid shall not be longer than 15 calendar days and in the case of item 5 - not longer than 3 calendar days.

 

(3) (new – SG 99/09, in force from 01.01.2010) Cash benefit for temporary loss of ability to work and pregnancy and childbirth shall not be paid to persons who are engaged in labour activity that is a ground for insurance for general disease and motherhood during the periods for which are issued acts by the health-care authorities.

 

 

 

Cash compensation upon vocational rehabilitation

 

Art. 47. (1) In case of vocational rehabilitation due to temporary decrease of capacity to work due to a general disease, labour accident or professional disease to the insured person shall be paid pecuniary compensation if at the new work the remuneration is decreased.

 

(2)   (amend. and suppl. – SG 105/06, in force from 01.01.2007; amend. – SG 100/10, in force from 01.01.2011; amend. – SG 100/11, in force from 01.01.2012) The daily pecuniary compensation shall be in extent of the difference between the received average daily remuneration during the 18 calendar months preceding the month of the labour adjustment, but not more than the average daily amount of the maximum monthly insurable income and the average daily gross remuneration received after the vocational rehabilitation. When the insured person has worked for less than 18 months till the day of vocational rehabilitation the compensation shall be determined as a difference between the average daily remuneration determined under art. 41 and the received average daily gross remuneration after the vocational rehabilitation.

 

(3)   (amend. – SG 105/06, in force from 01.01.2007) The pecuniary compensation of para 1 and 2 shall be paid for the time of vocational rehabilitation but for not more than 6 months.

 

 

 

 

Section II.

 

Maternity benefits

 

 

Benefit for vocational rehabilitation due to pregnancy and breast-feed or advanced-stage of in-vitro fertilization procedure (Title suppl. – SG 103/09, in force from 29.12.2009)

 

Art. 48. (1) (suppl. – SG 103/09, in force from 29.12.2009) In case of vocational rehabilitation to another work due to pregnancy or breast-feed of a child or to advanced-stage of in-vitro fertilization procedure, the insured woman shall be paid a cash benefit if at the new work her remuneration is decreased.

 

(2)   (amend. and suppl. – SG 105/06, in force from 01.01.2007; amend. – SG 100/10, in force from 01.01.2011; amend. – SG 100/11, in force from 01.01.2012; amend. - SG 98/15, in force from 01.01.2016) The daily cash benefit shall be in extent of the difference between the received average daily gross remuneration during the 24 calendar months preceding the month of the vocational rehabilitation but not more than the average daily amount of the maximum monthly insurable income and the average daily gross


remuneration received after the labour adjustment. When the insured person has worked for less than 24 months till the day of vocational rehabilitation the benefit shall be calculated as a difference between the average daily remuneration determined under art. 41 and the received average daily remuneration after the vocational rehabilitation.

 

(3)    (amend. and suppl. – SG 105/06, in force from 01.01.2007) In case at the new position the vocationally rehabilitated woman receives average daily gross remuneration less than the minimum daily salary established for the country or the average daily remuneration determined under art. 41 is less than the minimum salary established for the country, the daily benefit shall be in extent of the difference between the received average daily gross remuneration before the vocational rehabilitation and the minimum daily salary established for the country.

 

 

 

Right to compensation for pregnancy and childbirth

 

Art. 48a. (new, SG 112/03, amend. SG 69/04; amend. – SG 109/08, in force from 01.01.2009) The persons insured for general disease and motherhood shall be entitled to pecuniary compensation for pregnancy and childbirth instead of salary if they have 12 months of assurance coverage of this risk.

 

 

 

Terms for providing documents and data required for payment of compensation for pregnancy and childbirth (Title suppl. - SG 98/15, in force from 01.01.2016)

 

Art. 48b. (new – SG 99/09, in force from 01.01.2010; amend. – SG 94/12, in force from 01.01.2013) The insurers, their branches and units and the insurance funds shall submit to the respective territorial unit of the National Insurance Fund the documents and data for payment of a pecuniary compensation for pregnancy and birth within the time limit under Art. 40a, Item 1, and the self-insured persons – by the 10th of the month following the month from which the payment of the compensation is requested.

 

 

 

Compensation for pregnancy and childbirth

 

Art. 49. (1) (suppl. - SG 104/05, in force from 01.01.2006; amend. – SG 105/06, in force from 01.01.2007; amend. – SG 109/08, in force from 01.01.2009; amend. – SG 98/10, in force from 01.01.2011; amend. – SG 100/11, in force from 01.01.2012; amend. – SG 106/13, in force from 01.01.2014; amend. – SG 107/14, in force from 01.01.2015) The daily pecuniary compensation in case of pregnancy and child-birth shall be calculated as 90 percent of the amount of the average daily gross remuneration or the average daily insurable income, on which insurance instalments are deposited or due, and as regards to self-insured persons – on the ground of the deposited insurance instalments for general disease and motherhood for the period of 24 calendar months, preceding the month during which the temporary inability to work has occurred as a result of pregnancy and childbirth. The daily pecuniary compensation cannot be more than the average daily net remuneration for the period for which the compensation is calculated and not less than the minimum daily salary established for the country, and shall be calculated pursuant to Art. 41, para. 2 through 5.

 

(2)  (new - SG 68/06, suppl. – SG 99/19, in force from 01.01.2020) Upon entitlement to cash benefit in the event of pregnancy and childbirth during the period of payment of pecuniary compensation for pregnancy and childbirth or for bringing up a child up to 2 years of age, the benefit shall be in the amount, specified under para 1 regarding the previous child, in case this is more favourable to the person.

 

(3)   (amend. - SG 104/05, in force from 01.01.2006; prev. text of para 2 - SG 68/06, in force from 01.01.2007; amend. – SG 105/06, in force from 01.01.2007) When the person is insured on more than one grounds, the total amount of the daily pecuniary compensation shall not be possible to be less than the


minimum daily salary established for the country.

 

 

Terms for payment of the pecuniary compensation for pregnancy and childbirth

 

Art. 50. (1) (suppl. SG 1/02; amend - SG 68/06, in force from 01.01.2007; amend. – SG 105/06, in force from 01.01.2007; amend. – SG 109/08, in force from 01.01.2009, amend. - SG 30/18, in force from 01.07.2018) The mother insured for general disease and motherhood shall have right to cash benefit for pregnancy and childbirth for a term of 410 days, 45 of which before the childbirth.

 

(2)  When the childbirth takes place before the elapse of the 45 days after the beginning of the use of the benefit the remainder up to 45 days shall be used after the childbirth.

 

(3)      (suppl. – SG 98/16, in force from 01.06.2017) When the child is stillborn, dies, is accommodated pursuant to Art. 26, Para. 1 of the Child Protection Act, or is given to a children's establishment for full state maintenance or adoption the mother shall be entitled to cash benefit till the elapse of 42 days after the birth. If the capacity to work of the mother is not recovered due to the birth after the 42 day the term of the compensation shall be extended according to the assessment of the health authorities till the restoration of her capacity to work. Till the elapse of the term of para 1 this benefit shall be paid as compensation for pregnancy and childbirth.

 

(4)    (suppl. – SG 98/16, in force from 01.06.2017) When the child is given for adoption, is accommodated pursuant to Art. 26, Para. 1 of the Child Protection Act in a children's establishment at full state maintenance or dies after the 42 days after the birth, as well as the child’s bringing up by a person involved in programs to support motherhood, the compensation of para 1 shall be terminated on the next day. In these cases, if the capacity to work of the mother has not been recovered due to the birth, shall be applied para 3, sentences two and three.

 

(5)   (amend. – SG 109/08, in force from 01.01.2009, amend. – SG 98/16, in force from 01.06.2017, amend. - SG 30/18, in force from 01.07.2018) The insured for general disease and motherhood person, with whom the child is accommodated under Art. 26, para. 1 of the Child Protection Act, shall be entitled to compensation under para 1 in extent of the difference between the age of the child on the day of its accommodation pursuant to Art. 26, para. 1 of the Child Protection Act, till the elapse of the term of the due benefit for childbirth.

 

(6)   (new – SG 105/06, in force from 01.01.2007; amend. – SG 109/08, in force from 01.01.2009, amend. – SG 98/16, in force from 01.06.2017, amend. - SG 30/18, in force from 01.07.2018) A father, who is insured for general disease and motherhood, shall be entitled to a childbirth benefit in amount calculated according to Art. 49 for a period of 15 days during the leave as per Art. 163, para 8 of the Labour Code, when he meets the requirements of Art. 48a.

 

(7)   (new – SG 109/08, in force from 01.01.2009, amend. – SG 98/16, in force from 01.06.2017, amend. - SG 30/18, in force from 01.07.2018) The person insured for general disease and motherhood shall be entitled to a childbirth benefit in amount specified according to Art. 49, after the child becomes 6 months old for the days remaining to the total of 410 days during their leave under Art. 163, para 10 and 12 of the Labour Code, provided that the said person meets the requirements of Art. 48a.

 

(8)   (amend. – SG 99/12, in force from 01.01.2013, amend. - SG 30/18, in force from 01.07.2018) The self-insured persons shall be entitled to a compensation under Para 1, 2, 3, 4, 5, 6 and 7, when they meet the requirements of Art. 48a.

 

 

 

Compensation for non-use of leave for pregnancy and childbirth

 

Art. 50a. (new - SG 98/16, in force from 01.06.2017) (1) (amend. - SG 30/18, in force from 01.07.2018) The mother who meets the requirements of Art. 48a, shall receive monetary compensation amounting to 50 per cent of the compensation under Art. 49, when:

 

1. upon expiration of the postpartum periods permitted with acts of the health authorities, she does


not use leave for pregnancy and childbirth, or the person who uses such leave terminates its use;

 

2.   upon expiration of the postpartum periods permitted with acts of the health authorities, the self-insured person starts to work under employment which provides for sickness and maternity insurance.

 

(2) (amend. - SG 30/18, in force from 01.07.2018) When the mother has died, has been deprived of parental rights or the custody of the child has been granted to the father, this compensation shall be paid to the father, and in the event of his death – to the guardian. Compensation shall be paid when the person bringing up the child meets the requirements of Art. 48a.

 

(3) Compensation under par. 1 and 2 shall not be paid upon death of the child when the child was given up for adoption, was accommodated under Art. 26, para. 1 of the Child Protection Act, or at a child-care facility on full state support, as well as in bringing it up by a person involved in programs to support motherhood.

 

 

Compensation for death or illness of the mother or the adoptive mother of a child up to 5 years of age (title amend. - SG 30/18, in force from 01.07.2018)

 

Art. 51. (amend., SG 64/00; amend. – SG 105/06, in force from 01.01.2007; amend. – SG 109/08, in force from 01.01.2009, amend. – SG 98/16, in force from 01.01.2017, amend. - SG 30/18, in force from 01.07.2018) In case of death or serious illness of the mother (the adopter) that hampers her to bring up the child, the person using leave under art. 167 of the Labour Code shall be paid the compensation set out in Art. 49, 53 or 53c. The compensation shall also be paid to self-insured persons, who meet the requirements of the Art. 48a, 52a and 53a.

 

 

 

Compensation for pregnancy and childbirth and adoption of a child up to 5 years of age upon termination of the insurance (title amend. - SG 30/18, in force from 01.07.2018)

 

Art. 52. (amend. – SG 109/08, in force from 01.01.2009, amend. - SG 30/18, in force from 01.07.2018) At termination of the insurance for general disease and motherhood while receiving compensation for pregnancy and childbirth or for adoption of a child up to 5 years of age, the insured person shall be granted cash benefit till the elapse of the term of the compensation payment for pregnancy and childbirth under Art. 50 or for adoption of a child under Art. 53c.

 

 

 

Right to compensation for bringing up a child up to 2 years of age (title amend. - SG 30/18, in force from 01.07.2018)

 

Art. 52a. (new, SG 112/03, amend. SG 69/04; amend. – SG 109/08, in force from 01.01.2009, amend. - SG 30/18, in force from 01.07.2018) The persons insured for general disease and motherhood shall be entitled to cash compensation for raising a child until the age of 2 years if they have 12 months of insurance coverage as insured for this risk.

 

 

 

Terms for providing documents and data required for payment of compensation for bringing up a child up to 2 years of age (Title suppl. - SG 98/15, in force from 01.01.2016, amend. - SG 30/18, in force from 01.07.2018)

 

Art. 52b. (new – SG 99/09, in force from 01.01.2010; amend. – SG 94/12, in force from 01.01.2013; amend. and suppl. - SG 98/15, in force from 01.01.2016, amend. - SG 30/18, in force from

 

01.07.2018) The insurers, their branches and units and the insurance funds shall submit to the respective territorial unit of the National Insurance Fund the documents and data for payment of a pecuniary compensation for child care until the age of 2 years within the time limit under Art. 40a, Item 1, and the self-insured persons – by the 10th of the month following the month from which the payment of the


compensation is requested.

 

 

 

Compensation for bringing up a child up to 2 years of age (title amend. - SG 30/18, in force from 01.07.2018)

 

Art. 53. (1) (amend. SG 1/02, amend. - SG 30/18, in force from 01.07.2018) After the elapse of the term of the compensation for pregnancy and childbirth during the additional paid leave for bringing up a child until the age of 2 years to the mother shall be paid monthly cash compensation in extent determined with the Budget of State Public Insurance Act. Compensation is also paid to the adoptive mother if, after the expiry of the compensation for the adoption of a child, he or she has not reached the age of 2.

 

(2)   (amend. SG 1/02, amend. - SG 30/18, in force from 01.07.2018) When the additional paid leave for bringing up a child is used instead by the mother (the adopter mother) by the father (the adopter father) or by the person who have undertaken the bringing up of the child, shall be paid monthly cash compensation in extent determined with the Budget of State Public Insurance Act. This compensation shall be paid to the guardian when he uses leave under art. 167, para 5 of the Labour Code.

 

(3)   (new – SG 69/04, amend. - SG 30/18, in force from 01.07.2018) The compensation of para 1 shall be paid also to the persons, who use leave for bringing up a child until reaching two years of age, accommodated by the order of art. 26, para 1 of the Child Protection Act.

 

(4)   (prev. (3), amend. SG 69/04; amend - SG 68/06, in force from 01.01.2007; amend. – SG 89/08; amend. – SG 49/10, in force from 01.07.2010; amend. – SG 100/10, in force from 01.01.2011; amend. - SG 98/16, in force from 01.01.2017, amend. - SG 30/18, in force from 01.07.2018) The cash compensation of para 1, 2 and 3 shall not be paid at death of the child, giving it for adoption, upon termination of adoption or at accommodation of the child under the Art. 26, Para 1 of the Child Protection Act or at a children's establishment including nurseries, as well as at its bringing up by a person involved in safe-motherhood programmes.

 

(5)   (new – SG 105/06, in force from 01.01.2007; amend. – SG 109/08, in force from 01.01.2009, amend. - SG 30/18, in force from 01.07.2018) Self-insured persons shall be entitled to compensation under para. 1, 2, 3 and 4, when they meet requirements of Art. 52a.

 

 

 

Entitlement to compensation for the adoption of a child up to 5 years of age (title amend. - SG 30/18, in force from 01.07.2018)

 

Art. 53a. (new – SG 104/13, in force from 01.01.2014, amend. - SG 30/18, in force from 01.07.2018) The persons insured for general disease and maternity are entitled to compensation for the adoption of a child up to the age of 5 years if they have 12 months of insured service as insured for this risk.

 

 

 

Deadline for submission of documents and data for payment of compensation for the adoption of a child up to the age of 5

 

Art. 53b. (new – SG 30/18, in force from 01.07.2018) Insurers, their branches and divisions and insurance funds submit to the respective territorial division of the National Social Security Institute documents and data on payment of cash compensation for the adoption of a child up to the age of 5 within the term under Art. 40a, item 1, and the self-insured persons - by the 10th day of the month following the one from which the compensation is claimed.

 

 

Compensation for the adoption of a child up to the age of 5

 

Art. 53c. (new – SG 30/18, in force from 01.07.2018) (1) To the person insured for general disease and maternity during the leave for the adoption of a child up to the age of 5 a compensation shall be paid in


the amount determined by the order of art. 49, for up to 365 days from the date of giving the child for adoption but no later than the child's 5 years of age.

 

(2)   To the adoptive parent, insured for general disease and maternity, a compensation shall be paid in case of adoption of a child in the amount, determined by the order of Art. 49 for up to 15 days during the leave under Art. 164b, para. 8 of the Labour Code.

 

(3)   To the person insured for general disease and maternity a compensation shall be paid in the amount determined by the order of art. 49 after the expiration of 6 months from the date of the child's adoption for the remainder up to 365 days during the leave under Art. 164b, para. 2, 3 or 5 of the Labour Code.

 

(4)   The monetary compensation under para. 1, 2 and 3 shall not be paid in the case of death of the child, termination of the adoption, accommodation in a child care facility of full state support, as well as when the child visits a childcare facility, including a nursery or an educational establishment.

 

(5)   Self-insured persons are entitled to compensation under para. 1, 2, 3 and 4, when they meet the conditions under Art. 53a.

 

 

Compensation for non-use of parental leave for adoption of a child up to 5 years of age

 

Art. 53d. (new – SG 30/18, in force from 01.07.2018) (1) The adoptive mother of a child up to the age of 5 or the adoptive father who has alone adopted a child up to the age of 5, when he/she meets the conditions of Art. 53a, receives a monetary compensation amounting to 50 per cent of the compensation under Art. 49, when after 90 days from the date of giving of the child for adoption:

 

1.   does not use adoption leave or the person taking such leave interrupts its use;

 

2.   the self-insured person starts a working activity, for which he/she is insured for general disease and maternity.

 

(2) When the adoptive mother has died, has been deprived of parental rights or the custody of the child has been granted to the adoptive father, the compensation under para. 1 shall be paid to the adoptive father, and in the event of his death – to the guardian. The compensation shall be paid to the guardian also in cases where the adoptive father, who has adopted a child alone, has died or is deprived of parental rights. Compensation shall be paid when the person who has taken up raising of the child meets the conditions under Art. 53a.

 

(3) The compensation under para. 1 and 2 shall not be paid in the case of death of the child, termination of the adoption, accommodation in a child care facility of full state support, as well as when raising by a person included in maternity support programs.

 

 

Compensation for non-use of additional paid leave for bringing up of a child up to 2 years of age (title amend. - SG 30/18, in force from 01.07.2018)

 

Art. 54. (*) (1) (amend. SG 1/02; suppl., SG 112/03; amend. – SG 105/06, in force from 01.01.2007; amend. – SG 109/08, in force from 01.01.2009, amend. - SG 30/18, in force from 01.07.2018) The mother (adoptive mother), who meets the requirements under Art. 52a, shall get cash compensation in the amount of 50 per cent of the compensation under Art. 53, provided that:

 

1.   (amend. - SG 30/18, in force from 01.07.2018) she does not use the additional paid leave for bringing up of a child or the person who uses such leave terminates its use;

 

2.  (amend. – SG 109/08, in force from 01.01.2009) the self-insured person entitled to compensation under Art. 53 starts practicing labour activity, for which he/she is getting insured for general disease and motherhood.

 

(2) (amend. SG 1/02; amend. – SG 105/06, in force from 01.01.2007; amend. – SG 109/08, in force from 01.01.2009, amend. - SG 30/18, in force from 01.07.2018) If the mother (the adopter) has deceased, has been deprived from parent rights or the exercising of the parent rights has been conceded to the father (the adopter father) this benefit shall be paid to the father (the adopter father) and if he has deceased - to the guardian. The compensation shall be paid if the person undertaken the bringing up of the child, meets the


requirements under Art. 52a.

 

(3)   (suppl. – SG 68/06, in force from 01.01.2007; amend. – SG 89/08; amend. – SG 49/10, in force from 01.07.2010, suppl. - SG 30/18, in force from 01.07.2018) The compensation of para 1 and 2 shall not be paid upon the child’s death, when the child is given up for adoption, when the adoption is terminated, is accommodated under Art. 26, para. 1 of the Child Protection Act or if the child has been accommodated in a children's establishment with full state maintenance, as well as in the case of their bringing up by person involved in programmes to support motherhood.

 

 

 

Section III.

 

UNEMPLOYMENT BENEFITS (new – SG 1/02; prev. Chapter ІV А SG 106/13, in force from

 

01.01.2014)

 

 

Right to unemployment benefit

 

Art. 54a. (new – SG 1/02) (1) (amend. SG 115/0; amend. – SG 105/06, in force from 01.01.2007; amend. – SG 109/08, in force from 01.01.2009, amend. – SG, 99/17, in force from 01.01.2018) Right to unemployment benefit shall have the persons, for whom insurance instalments have been paid or is due in fund "Unemployment" at least 12 months during the last 18 months before the termination of the insurance and who:

 

1.  (amend. – SG 109/08, in force from 01.01.2009) have registration as unemployed at the Agency for employment;

 

2.  (amend. – SG 105/06, in force from 01.01.2007; amend. – SG 100/10, in force from 01.01.2011; amend. – SG 100/11, in force from 01.01.2012; amend. - SG 98/15, in force from 01.01.2016) have not acquired a right to pension for pensionable service and age in the Republic of Bulgaria or old-age pension in another country or do not receive a reduced pension for pensionable service and age according to Art. 68a or a professional pension under Art. 168;

 

3.   (amend. – SG 107/14, in force from 01.01.2015; suppl. - SG 54/15, in force from 17.07.2015, amend. – SG, 99/17, in force from 01.01.2018) do not exercise labour activity, for which they are subject to obligatory insurance under this Code, or under the legislation of another state, except for the persons under Art. 114a, Para 1 of the Labour Code.

 

(2) (new – SG 105/06, in force from 01.01.2007) For the purpose of acquiring of right to cash benefit under par. 1 shall be considered also the time:

 

1.   of the paid and non-paid leave for bringing up of a child;

 

2.   (suppl. – SG 1/14, in force from 01.01.2014, amend. - SG 30/18, in force from 01.07.2018) of the paid and non-paid leaves for temporary inability to work and for pregnancy and childbirth, as well as leave in the cases of adoption of a child up to 5 years of age;

 

3.   of the non-paid leaves of up to 30 working days in one calendar year;

 

4.     (suppl. - SG 102/18, in force from 01.01.2019) the approved as pensionable service in compliance with the legislation of another country on the grounds of an international treaty, of which the Republic of Bulgaria is a party, or of European regulations on the coordination of social security systems.

 

(3) (prev. par. 2 – SG 105/06, in force from 01.01.2007) The pecuniary unemployment benefit shall be released on the basis of an application to the territorial division of the National Social Security Institute.

 

(4) (prev. par. 3 – SG 105/06, in force from 01.01.2007; amend. – SG 100/10, in force from 01.01.2011) The unemployment benefit shall be paid from the date of the last termination of the insurance, provided that:

 

1.   the application of para 3 has been submitted in 3 months term from this date;

 

2.   the person is registered as unemployed at the National Employment Agency within 7 working days from the abovementioned date.


(5)   (new – SG 100/10, in force from 01.01.2011) In those cases where the application under para 3 has been submitted after the expiration of the term as of para 4, item 1, the cash benefit shall be paid up from the date of the application for the period set out in Art. 54c or Art. 54b, para 3 or para 4, reduced by the time of delay.

 

(6)   (new – SG 100/10, in force from 01.01.2011; amend. – SG 99/12, in force from 01.01.2013) If the application under para 3 is submitted within the term as of para 4, item 1, while the registration of the person at the National Employment Agency as unemployed is made after the term under para 4, item 2 has expired due to non-excusable reasons, the cash benefit shall be paid from the date of registration for the period fixed in Art. 54c or Art. 54b, para 3 or para 4, reduced by the time of delay.

 

(7)   (amend. – SG 109/08, in force from 01.01.2009; prev. text of para 5 – SG 100/10, in force from 01.01.2011; amend. – SG 99/12, in force from 01.01.2013; revoked – SG 106/13, in force from 01.01.2014)

 

 

 

Unemployment benefit amount (new – SG 1/02)

 

Art. 54b. (new – SG 1/02) (1) (amend., SG 112/03; amend. – SG 109/08, in force from 01.01.2009; amend. – SG 98/10, in force from 01.01.2011; amend. – SG 100/10, in force from 01.01.2011; amend. – SG 100/11, in force from 01.01.2012, suppl. – SG, 99/17, in force from 01.01.2018) The extent of the daily unemployment allowance shall be 60 percent of the average daily remuneration or the average daily insurable income on which insurance instalments have been paid to fund "Unemployment" or are due for the last 24 calendar months, preceding the month during which the insurance has been terminated, and it cannot be less than the minimum and larger than the maximum extent of the daily unemployment allowance.

 

(2)  (amend. – SG 109/08, in force from 01.01.2009; amend. – SG 100/10, in force from 01.01.2011, amend. and suppl. – SG, 99/17, in force from 01.01.2018) The minimum and maximum daily unemployment allowance shall be determined every year with the Budget of State Public Insurance Act.

 

(3)    (suppl., SG 67/03, suppl. SG 95/03; amend. - SG 82/06; amend. – SG 64/07; amend. – SG 35/09, in force from 12.05.2009; amend. – SG 100/10, in force from 01.01.2011; amend. – SG 53/14; suppl.

 

-    SG 79/15, in force from 01.11.2015, amend. – SG, 99/17, in force from 01.01.2018) The unemployed persons, whose legal terms of employment have been terminated upon their wish or their consent, or due to their guilty conduct, on the ground of art. 325, items 1 and 2, art. 326, 330 and 331 of the Labour Code, art. 103, para 1, items 1, 2 and 5, art. 105 and 107, para 1, items 1 – 4 and Art. 107a of the Civil Servant Act, art. 162, items 1 and 6, art. 163 and art. 165, items 2 and 3 of the Act on Defence and Armed Forces of the Republic of Bulgaria and art. 246, para 1, items 4, 6, 8 and 16 of the Ministry of Interior Act, Art. 101, para 1, items 5, 7 and 9 of the State Intelligence Agency Act and art. 165, para 1, item 2, 3 and 5 and art. 271, para 1, item 2, 3 and 5 of the Judiciary System Act or under other laws, shall receive the minimum amount of the unemployment benefit for a term of 4 months.

 

(4)    The unemployed persons, who have acquired right to cash benefit under art. 54a before the expiry of three years from a previous exercising of the right to unemployment benefit shall receive the minimum extent of the benefit for a term of 4 months.

 

(5)     (amend. – SG 105/06, in force from 01.01.2007; amend. – SG 109/08, in force from 01.01.2009) The extent of the daily unemployment allowance shall be calculated by multiplying the daily allowance under para 1 to the number of the working days in the respective month.

 

(6)   (amend. – SG 100/10, in force from 01.01.2011, amend. – SG 98/16, in force from 01.01.2017) The persons, hired to work not full working time within the time of payment of the cash benefit and receiving remuneration smaller than the minimum salary, established for the country, shall receive unemployment benefit in extent of 50 percent of the due cash benefit for the remaining period of the payment.

 

(7)   (new – SG 105/06, in force from 01.01.2007; amend. – SG 109/08, in force from 01.01.2009) When in the period under par. 1, from which the average daily remuneration or the average daily insurable income is calculated, the time, approved as pensionable service is included, without insurance being due, or


the period during which the person is insured for unemployment, when determining the insurable income, the following shall be taken respectively:

 

1.   (amend. – SG 109/08, in force from 01.01.2009) for the time of a paid and non-paid leave for bringing up a child, of non-paid leave for temporary inability to wok and for pregnancy and childbirth and of non-paid leave up to 30 working days in one calendar year – the minimum average daily salary, established for the country;

 

2.   (suppl. – SG 106/13, in force from 01.01.2014; suppl. – SG 1/14, in force from 01.01.2014, amend. - SG 30/18, in force from 01.07.2018) for the time of a paid leave for temporary inability to work and for pregnancy and childbirth, as well as in the cases of adoption of a child up to 5 years of age – the income, on the basis of which the benefit has been calculated in the legal relations with regards to which the person is insured for unemployment;

 

3.   (amend. – SG 109/08, in force from 01.01.2009) for the time, approved as pensionable service under the legislation of another country on the grounds of an international treaty, on which the Republic of Bulgaria is a party – the minimum average daily working salary, established in the country for the respective period.

 

4.  (new – SG 109/08, in force from 01.01.2009) for the time, during which the person has not been insured for unemployment – the average daily working salary, established for the respective period in the state.

 

 

 

Terms for payment of the unemployment benefit (new – SG 1/02)

 

Art. 54c. (new – SG 1/02) (1) (amend. – SG 98/16, in force from 01.01.2017, amend. – SG, 99/17, in force from 01.01.2018) Unemployment benefits shall be paid monthly during the month following the one for which they are due for a term, defined according to the insured length of service, during which persons have been insured for unemployment, for the period after December 31, 2001, as follows:

 

Insurance service with

Term of payment of

unemployment insurance

compensation

for the period after

(months)

December 31, 2001

 

(years)

 

 

 

up till 3 years

4

 

 

from 3 years and 1 day to

6

7

 

 

 

from 7 years and 1 day to

8

11 years

 

 

 

from 11 years and 1 day

10

to 15 years

 

 

 

over 15 years

12

 

 


(2)   (new, SG 67/03, revoked – SG 98/16, in force from 01.01.2017)

 

(3)   (prev. para 2 - SG 67/03, suppl. SG 95/03; revoked – SG 100/10, in force from 01.01.2011)

 

(4)   (prev. para 3 - SG 67/03; revoked – SG 109/08, in force from 01.01.2009)

 

 

 

Suspension of payment of cash unemployment benefits (new – SG 1/02)

 

Art. 54d. (new – SG 1/02) (1) (amend. – SG 100/10, in force from 01.01.2011; amend. – SG 107/14, in force from 01.01.2015) The payment of unemployment benefit shall be stopped for the period, during which the person receives cash benefit for temporary loss of working capacity or unemployment benefit based on a statutory instrument.

 

(2)   (amend., SG 112/03; amend. – SG 100/10, in force from 01.01.2011) The unemployed shall be obliged to declare before the respective territorial unit of the National Social Security Institute directorate if any of the circumstances referred to in para 1 occurs or no longer exists within 7 working days .

 

(3)   (suppl. – SG 100/10, in force from 01.01.2011) The payment shall be renewed from the day of falling away of the grounds for suspension for the period remaining by the suspension date.

 

(4)    (new – SG 100/10, in force from 01.01.2011; suppl. - SG 98/15, in force from 01.01.2016, amend. – SG, 99/17, in force from 01.01.2018, amend. - SG 102/18, in force from 01.01.2019) The official under Art. 54g, para 1 shall suspend by an order the proceedings of grant or the payment of unemployment benefit, in those cases where there are data, which may lead to issuance of order for refusal or termination of the payment of benefit and/or it is needed clarification of the insurance length of service, and/or insurance income while applying the provisions oft an international treaty, to which the Republic of Bulgaria is a party, or of the European regulations for the coordination of social security systems.

 

 

Termination of the payment of cash unemployment benefit (new – SG 1/02)

 

Art. 54e. (new – SG 1/02) (1) The payment of the unemployment benefit shall be terminated in case

 

of:

 

1.   (amend. – SG 107/14, in force from 01.01.2015; suppl. - SG 54/15, in force from 17.07.2015) commencement of labour activity, for which the person is subject to obligatory insurance under this Code, except for the persons under Art. 114a, Para 1 of the Labour Code, or pursuant to the legislation of another state.

 

2.   termination of the registration by the National Employment Agency;

 

3.  (amend. – SG 105/06, in force from 01.01.2007; amend. – SG 100/11, in force from 01.01.2012; amend. - SG 98/15, in force from 01.01.2016) acquiring a pension for pensionable service and age in the Republic of Bulgaria or an old-age pension in another country or upon grant of a reduced pension for pensionable service and age under Art. 68a or a professional pension under Art. 168;

 

4.   (revoked, SG 112/03)

 

5.   death of the unemployed.

 

(2)   (amend., SG 112/03; revoked – SG 107/14, in force from 01.01.2015)

 

(3)    (amend., SG 112/03; amend. – SG 107/14, in force from 01.01.2015) The person shall be obliged to declare before the respective territorial division of the National Social Security Institute the occurrence of the circumstances of para 1, item 1, 2 and 3 in 7 working days term.

 

(4)   (revoked, SG 112/03)

 

(5)   (suppl. – SG 100/10, in force from 01.01.2011; amend. – SG 99/12, in force from 01.01.2013, suppl. – SG 98/16, in force from 01.01.2017, amend. – SG, 99/17, in force from 01.01.2018) If during the receiving cash benefit the person starts to carry out activity which is a ground for obligatory insurance of Art. 4 or perform labour activity under the legislation of another country, which will be discontinued after less than 12 months, the payment of the cash benefit shall be resumed for the remaining period after the date of termination, provided that the person’s registration at the National Employment Agency has been made


within 7 working days termination of employment. If the registration is made after the abovementioned term has expired due to non-excusable reasons, the benefit shall be reimbursed as of the date of the new registration for the period remaining by that date, reduced by the time of delay.

 

 

Restoration of unemployment benefit received in good faith (new – SG 1/02)

 

Art. 54f. (new – SG 1/02; suppl., SG 67/03) (1) (suppl. – SG 82/06 ; amend. – SG 35/09, in force from 12.05.2009; amend. – SG 53/14, amend. – SG 98/16, in force from 01.01.2017) The paid unemployment benefit shall be restored by the persons for the period of the received benefit to remain unemployed due to unfair dismissal determined in accordance with a normative act.

 

(2)   (amend. – SG 98/16, in force from 01.01.2017) In 7 days term after the payment of the benefit having remained unemployed due to unfair dismissal, the insurer shall be obliged to present copies of the court decision and the payment documents to the respective territorial division of the National Social Security Institute.

 

(3)   (new – SG 105/06, in force from 01.01.2007; amend. – SG 100/11, in force from 01.01.2012; amend. – SG 99/12, in force from 01.01.2013; amend. – SG 107/14, in force from 01.01.2015; amend. - SG 98/15, in force from 01.01.2016) The paid unemployment benefits shall be restored by the persons for the period, for which they have been granted a pension for pensionable service and age in the Republic of Bulgaria or old-age pension in another Member State, a reduced pension for pensionable service and age under Art. 68a or a professional pension under Art. 168, and for the period, during which they have received cash benefit for temporary loss of working capacity and for pregnancy and childbirth or a cash benefit for unemployment as set out in a law.

 

(4)    (amend. - SG 105/05, in force from 01.01.2006; prev. par. 3 – SG 105/06, in force from 01.01.2007; amend. – SG 99/12, in force from 01.01.2013; suppl. - SG 98/15, in force from 01.01.2016) For restoration of the sums under Para 1 and 3 the official, to whom has been assigned the management of the insurance for unemployment at the territorial division of the National Social Security Institute or another official determined by the head of the division, shall issue an order, which shall be subject to forced execution by the order of the Tax-insurance Procedure Code.

 

(5)    (prev. par. 4 – SG 105/06, in force from 01.01.2007; suppl. – SG 100/10, in force from 01.01.2011; revoked – SG 107/14, in force from 01.01.2015)

 

 

Allocation, payment, change, suspension and termination of unemployment benefit (new – SG 1/02; title suppl. – SG 109/08, in force from 01.01.2009)

 

Art. 54g. (new – SG 1/02) (1) (amend. – SG 100/10, in force from 01.01.2011) The unemployment benefits shall be released, changed, refused, stopped, terminated, resumed and restored with an order by the official to whom has been assigned the management of the insurance for unemployment or another official appointed by the chief of the territorial unit of the National Social Security Institute.

 

(2)   (new – SG 99/12, in force from 01.01.2013) The order under Para 1 that has entered into force may be amended or revoked by the issuing authority, where:

 

1. new documents and evidence have been submitted, which are relevant for determining the right, size and period of payment of the unemployment cash benefit;

 

2. the unemployment cash benefit was improperly granted or refused.

 

(3)  (*) (amend., SG 112/03, amend. - SG 105/05, in force from 01.01.2006; amend. – SG 109/08, in force from 01.01.2009; amend. – SG 100/10, in force from 01.01.2011; prev. text of Para 02 – SG 99/12, in force from 01.01.2013; amend. – SG 106/13, in force from 01.01.2014) The official of para 1 shall issue an order for restoration of the ungrounded unemployment allowances. The sums due according to the orders can be deducted from claims of the persons from state public insurance pursuant to Art. 114, para 5 and they shall be subject to compulsory execution by the order of the Tax-insurance Procedure Code.

 

(4)  (new – SG 109/08, in force from 01.01.2009; suppl. - SG 99/09, in force from 01.01.2010; prev. text of Para 03 – SG 99/12, in force from 01.01.2013, amend. – SG 99/19, in force from 01.01.2020)


Unemployment benefits shall be paid up by the National Social Security Institute to the persons in a personal payment account declared by them, designated by an International Bank Account Number (IBAN), maintained by a payment service provider licensed by the Bulgarian National Bank, or by a branch of a payment service provider operating in the territory of the country.

 

 

 

Obligations for conceding of information (new – SG 1/02)

 

Art. 54h. (new – SG 1/02) (1) (amend. – SG 107/14, in force from 01.01.2015) The National Employment Agency shall provide the National Social Security Institute with the information, necessary for releasing, payment, stopping, terminating and changing of the unemployment benefit on a daily basis.

 

(2)   The National Social Security Institute shall concede information to the Agency for employment about the payment, the stopping and the terminating of the unemployment benefit.

 

 

 

Right to cash benefit for long lasting unemployment

 

Art. 54i. (new – SG 105/06, in force from 01.01.2007) (1) (amend. – SG 99/09, in force from 01.01.2010; revoked – SG 100/10, in force from 01.01.2011)

 

 

 

 

Section IV.

 

Granting and calculation of cash benefits and aid (new – SG 106/13, in force from 01.01.2014)

 

 

Granting and calculation of cash benefits for temporary loss of working capacity, vocational rehabilitation, pregnancy and childbirth and bringing up a child up to 2 years of age, and of aid (Title amend. – SG 99/19, in force from 17.12.2019)

 

Art. 54j. (new - SG 106/2013, in force from 01.01.2014, amend. – SG, 99/17, in force from 01.01.2018, amend. – SG 99/19, in force from 17.12.2019) Granting and calculation of cash benefits for temporary loss of working capacity, vocational rehabilitation, pregnancy and childbirth and bringing up a child of up to 2 years of age and of aid from the state public insurance shall be carried out on the basis of the data under Art. 5, para 4, item 1 and Art. 33, Para. 5, item 12, as well as the data, declared in the documents submitted for payment of benefits and allowances from the state social insurance under terms and following a procedure seat out by a regulation of the council of Ministers.

 

 

 

Granting and calculation of unemployment benefits

 

Art. 54k. (new - SG 106/2013, in force from 01.01.2014) Granting, calculation, amendment, refusal, suspension, termination resumption and recovery of cash employment benefits shall be carried out on the grounds of the data under Art. 5, para 4, item 1 as well as the data, declared in the documents submitted for payment of the benefits under terms and following a procedure seat out by a regulation of the council of Ministers.

 

 

 

Recalculation of cash benefits for temporary incapacity for work, vocational rehabilitation, pregnancy and childbirth and adoption of a child up to 5 years of age (title amend. - SG 30/18, in force from 01.07.2018)

 

Art.  54l.  (new    SG  107/14,  in  force  from  01.01.2016,  amend.    SG  98/16,  in  force  from


01.01.2017) (1) The monetary benefits shall be recalculated ex oficio by the 30th of June of the year following the year, to which they relate, in an order determined by the act of Art. 54j based on the data of Art. 5, Para. 4, item 1 and/or the final insurable income, determined in accordance with Art. 6, Para. 9 and the deposited final insurance contributions.

 

(2)   When, as a result of the recalculation under Para. 1, a difference has been established between paid and payable amount of compensation:

 

1. the difference to the higher amount shall be paid to the person within the period under par. 1;

 

2. the paid in the amount higher than the amount due shall be reimbursed by the person, unless it is the result of incorrectly submitted data for payment of monetary compensation and/or certifying insurance service and income from the insurer.

 

 

 

Chapter five.

 

INSURANCE FOR EMPLOYMENT ACCIDENT AND PROFESSIONAL DISEASE

 

Chapter five.

 

INSURANCE FOR LABOUR ACCIDENT AND PROFESSIONAL DISEASE

 

 

Employment Accident

 

Art. 55. (1) (amend. – SG 41/09, in force from 02.06.2009) Employment accident shall be any sudden damage of health occurred during and in connection or on occasion of the implemented work done in the interest of the enterprise when it has cause temporary inability to work, permanently reduced ability to work or death.

 

(2)   (suppl. – SG 106/13, in force from 01.01.2014; amend. – SG 107/14, in force from 01.01.2015) Employment accident shall also be the accident happened with an insured person of art. 4, para 1 and Art. 4a during the usual way to the working place to or from:

 

1. the basic place of living or other additional place of living with permanent character;

 

2. the place where the insured person usually eats during the working day;

 

3. the place for receiving remuneration.

 

(3)   It is not a labour accident when the suffered has intentionally damaged his health.

 

 

 

Professional disease

 

Art. 56. (1) Professional disease shall be a disease that has exclusively or primarily occurred under the influence of the harmful factors of the working environment or the working process over the organism and is included in the List of the professional diseases, issued by the Council of Ministers upon a proposal by the Minister of Health.

 

(2)   (amend. – SG 41/09, in force from 02.06.2009; suppl. – SG 107/14, in force from 01.01.2015) As professional disease can be recognised also a disease not included in the List of the professional diseases when it is found that it has been caused mainly and directly by the usual working activity of the insured person and has caused temporary incapacity for work, permanently reduced ability to work or death to the insured person.

 

(3)   To the professional disease shall also be added its aggravation and late consequences.

 

 

 

Declaring labour accidents

 

Art. 57. (1) (suppl. – SG 7/12, amend. - SG 102/18, in force from 01.01.2019) The insurer or, in those cases where the injured one is sent on assignment at a user enterprise - the user enterprise, shall be


obliged in 5 working days to declare before the territorial division of the National Social Security Institute any labour accident.

 

(2)    (amend. SG 1/02; suppl. – SG 7/12) If the insurer or user enterprise does not declare the accident, the suffered person or his heirs shall have right in one year term after the accident to declare it before the territorial division of the National Social Security Institute.

 

(3)   The order for establishing, investigation, registration and accounting the labour accidents shall be determined with an act by the Council of Ministers.

 

 

 

Investigation of a labour accident

 

Art. 58. (1) The territorial division of the National Social Security Institute shall together with the Labour Inspectorate, the committees and the groups for labour conditions and other competent bodies, depending on the case, investigate each death labour accident, any accident that has caused damage to more than 3 workers as well as any accident about which there is ground to be supposed that it will lead to disability.

 

(2)   The territorial division of the National Social Security Institute shall at its discretion investigate also other accidents apart from these pointed out in para 1.

 

(3)   The investigation of a labour accident has to establish:

 

1.   the reasons for occurrence of the labour accident and the circumstances;

 

2.   the kind of the damages;

 

3.  (amend. SG 1/02) other data that will help the territorial division of the National Social Security Institute to decide about the character of the accident.

 

(4) At investigation of the accident the damaged person shall have the right to be present or to point out to be present:

 

1.   a worker or an employee of the same profession, or

 

2.   a member of the family or ascending or descending relative, or

 

3.   representative of the professional trade union he participates in;

 

4.   a representative of the workers and the employees in the committees and the groups for labour

 

conditions.

 

(5) (amend. SG 1/02) The rights of para 4 shall have the heirs of the person, died at labour accident and the persons of item 2, when the health status of the damaged person does not allow him to point out a representative.

 

(6) (amend. – SG 106/13, in force from 01.01.2014) The results of the investigation shall be compiled in a record of standard form which shall be valid till the opposite is proven. A copy of the record shall be submitted to the territorial division of the National Social Security Institute, to the damaged person or to his heirs and to the insurer/user enterprise.

 

 

 

File

 

Art. 59. (1) (amend. SG 1/02) About each labour accident or professional disease the territorial division of the National Social Security Institute shall open a file containing:

 

1.   the declaration about the accident or the message about the professional disease;

 

2.  record of the of the labour accident when such has been done or a record for investigation of the professional disease;

 

3.   the order for accepting or not accepting the accident as labour one or the expert decision for confirmation or rejecting of the professional disease and the registration card about recognised professional disease;

 

4.   (amend. – SG 106/13, in force from 01.01.2014, amend. – SG 98/16, in force from 01.01.2017)


the data from the issued doctor`s notes for sick leaves and the decisions following their appeal from the register under Art. 33, Para. 5, item 12;

 

5. (revoked – SG 106/13, in force from 01.01.2014)

 

5.   documents connected with medical and other expenses;

 

6.   other documents connected with the accident or the disease.

 

(2) The damaged person and the insurer shall have the right to be familiar with the contents of the

 

file;

 

(3) (revoked – SG 106/13, in force from 01.01.2014)

 

 

 

Qualification of the accident as labour

 

Art. 60. (1) (amend. – SG 98/16, in force from 01.01.2017) The servant determined by the chief of the territorial division of the National Social Security Institute shall, on the basis of the documents in the file and the data in the information system under Art. 33, Para. 5, item 7, within 7 days after the declaring, issue an order about accepting or not the accident as labour one.

 

(2)   (new – SG 1/02)At declared accident on occasion of non traumatic damage the order of para 1 shall be issued on the basis of the decision of the bodies, implementing the expertise of the working ability.

 

(3)   (prev. (2) – SG 1/02; amend. – SG 106/13, in force from 01.01.2014, amend. – SG 98/16, in force from 01.01.2017) The order shall be sent to the insured and to the insurer/user enterprise.

 

(4)   (prev. (3) – SG 1/02) The order shall be subject to appeal by the interested persons by the order

 

of art. 117.

 

 

 

Informing about professional disease

 

Art. 61. (Amend., SG 76/05, in force from 1st of January 2007) The practising doctors and doctors of dental medicine shall at doubt about a professional disease send a notification to the territorial division of the National Social Security Institute.

 

 

 

Preparing documents about a professional disease

 

Art. 62. (1) After each notification of art. 61 the territorial division of the National Social Security Institute shall implement investigation, prepare documents and present them to the medical expert bodies.

 

(2)    The insurer shall prepare and present the necessary documents of para 1 at the territorial division of the National Social Security Institute in 30 days term after they are required.

 

(3)  (new – SG 1/02) The bodies of the expertise of the working ability shall issue an expert decision about confirmation or rejection of the professional disease and fill in the registration card for professional disease.

 

 

 

Procedure for notification, registration and appeal of professional diseases

 

Art. 63. The order for announcing, registration, confirmation, appealing and accounting of the professional diseases shall be determined with an act of the Council of Ministers.

 

 

 

Extent of the insurance payment for fund "Labour accident and professional disease"

 

Art. 64. (1) The extent of the insurance payments paid by the insurers shall be determined as a percentage of the monthly insurable income of the insured persons on the basis of the actuary estimates.


(2)    (amend. – SG 112/2004) The State Public Insurance Act shall determine the extent of the insurance payment for labour accident and professional disease per groups basic economic activities.

 

(3)   (amend. – SG 112/2004) The extent of the insurance payment shall be defined by the National Social Security Institute according to method and order determined with an act of the Council of Ministers.

 

(4)   (revoked - SG 112/2004)

 

 

 

Measures for prevention of labour accident and professional disease

 

Art. 65. Fund "Labour accident and professional disease" shall finance measures for prevention of labour accidents and professional diseases and for improving the labour conditions by:

 

1.  rendering to the insurers assistance, consultancy and co-operation for establishing and realisation of an effective system for managing of labour safety and preserving health at work;

 

2.  developing and participation in the development of national sector programmes (strategies) in the field of labour safety and preservation of health at work;

 

3.  conducting training and increasing the qualification of those working in the field of labour safety and preserving of health at work;

 

4.   implementing and assigning scientific research in the field of labour safety and preserving of health at work;

 

5.   checking the status of labour safety and preserving of health at work;

 

6.     investigating independently or with the other competent bodies the labour accidents and professional diseases;

 

7.   conducting campaign activity, conceding information to the public about the issues of labour safety and preserving of health at work;

 

8.    developing and participating in the development of normative acts for the labour safety and preserving of health at work;

 

9.   studying and disseminating of positive experience in creating safe labour conditions;

 

10.   implementing other activities for prevention of labour accidents and professional diseases.

 

 

 

Obligations of the insurer

 

Art. 66. The insurer shall be obliged to:

 

1.   (revoked – SG 106/13, in force from 01.01.2014)

 

2.   inform immediately the territorial division of the National Social Security Institute, the Labour Inspectorate and other competent bodies about any death labour accident, any accident that has caused damages to more than three working persons as well as about any accident for which there is a ground to be supposed it would lead to disability;

 

3.  (amend. SG 1/02; amend. – SG 106/13, in force from 01.01.2014; revoked – SG 107/14, in force from 01.01.2015)

 

4.   (revoked – SG 1/02)

 

5.   (revoked – SG 1/02)

 

 

 

Obligations of the user enterprise (Title amend. – SG 106/13, in force from 01.01.2014)

 

Art. 66a. (new – SG 7/12; suppl. – SG 106/13, in force from 01.01.201)) All obligations of the user enterprise under the present Chapter shall also refer to enterprises where have been sent workers or employees on a temporary work.


Obligations of the insured person

 

Art. 67. The insured person shall be obliged:

 

1.   (revoked – SG 106/13, in force from 01.01.2014)

 

2.     (amend. – SG 106/13, in force from 01.01.2014) to inform immediately the insurer/user enterprise or his proxy about a labour accident or established professional disease except the cases when this is impossible.

 

 

 

Chapter six.

 

OBLIGATORY PENSION INSURANCE

 

 

Section I.

 

Pensions for pensionable service and retirement age

 

 

Entitlement to a pension

 

Art. 68. (amend. – SG 100/10, in force from 01.01.2011; amend. - SG 61/15, in force from 01.01.2016) (1) The right to pension for pensionable service and age shall be acquired at turning 60 years and 10 months for women and 63 years and 10 months for men and pensionable service of 35 years and 2 months for women and 38 years and 2 months for men. As of December 31, 2016, the age shall be increased from the first day of each following calendar as follows:

 

1.   until 31 December 2029 the age of the women shall increase with 2 months for each calendar year, and from 1 January 2030 - with 3 months for each calendar year until reaching the age of 65;

 

2.   until 31 December 2017 the age of the men shall increase with 2 months, and from 1 January 2018 - with 1 month for each calendar year until reaching the age of 65;

 

(2) From December 31, 2016, the length of pensionable service under Para 1 shall be increased from the first day of each following calendar year with 2 months until reaching pensionable service of 37 years for women and 40 years for men.

 

(3) In case the persons are not entitled to pension under Para 1 and 2, before 31 December 2016 they shall be entitled to pension at the age of 65 years and 10 months for women and men and at least 15 years of actual pensionable service. After 31 December 2016 the age shall increase from the first day of each subsequent calendar year with 2 months until reaching the age of 67.

 

(4) (New - SG 102/18, in force from 01.01.2019) In assessing the right to a pension under Para. 1 and 2, and the pension being in relation to the application of an international treaty, to which the Republic of Bulgaria is a party, or of the European regulations for the coordination of social security systems, when the person does not acquire the right to a pension - with only the pensionable service credited under the Bulgarian legislation - but has at least 15 years of actual insurance period and reaches the age under Para. 3 by the time of certification of the foreign insured service period, a pension equal to the social old-age pension shall be granted, provided that the person does not receive another type of pension.

 

(5) (Previous Para. 4 - SG 102/18, in force from 01.01.2019) After 31 December 2037 the age under Para 1 shall depend on the increase of the average life duration.

 

 

 

Reduced pension for pensionable service and age

 

Art. 68a. (new - SG 61/15, in force from 01.01.2016) (1) The persons lacking the required pensionable service under Art. 68, Para 2, may, at their own volition, retire up to one year before the age defined under Art. 68, Para 1. The pension shall be granted as of the application date and shall be paid in reduced amounts for life.


(2)   The persons that have been granted a pension under Para 1 shall not be entitled to a pension under Art. 68, Para 1, 2 and 3.

 

 

Entitlement to a pension by the servicemen under the Act on Defence and Armed Forces of

 

the Republic of Bulgaria and by the civil servants under the Ministry of Interior Act and the

 

Execution of Penalties and Detention Act (Title amend., SG 64/00; amend. - SG 68/06, in force from

 

01.05.2006; amend. – SG 25/09, in force from 01.06.2009 ; amend. – SG 35/09, in force from

 

12.05.2009; amend. – SG 111/13, in force from 01.01.2014, amend. - SG 98/16, in force from

 

01.01.2017)

 

Art. 69. (1) (amend. SG 38/05; amend. – SG 35/09, in force from 12.05.2009; amend. – SG 100/10, in force from 01.01.2011; amend. – SG 99/12, in force from 01.01.2013; amend. - SG 61/15, in force from 01.01.2016) Military servicemen shall be entitled to pension as of the age of 52 years and 10 months and provided that they have 27 years of general pensionable service, two thirds of which actually served as civil military servicemen under the Act on the Defence and Armed Forces of the Republic of Bulgaria and/or reservists on active service under the Act on the Reserve of the Armed Forces of the Republic of Bulgaria.

 

(2)    (amend., SG 64/00; Amend., SG 74/02; amend., SG 67/03, amend. SG 38/05; amend. - SG 68/06, in force from 01.05.2006; amend. – SG 25/09, in force from 01.06.2009; amend. – SG 100/10, in force from 01.01.2011; suppl. - SG 70/13, in force from 09.08.2013; amend. - SG 61/15, in force from 01.01.2016, amend. – SG 62/16, in force from 09.08.2016, suppl. – SG 7/18) The civil servants under the Ministry of Interior Act, the Special Intelligence Devices Act and the Execution of Penalties and Detention Act, the civil servants under para 11 from the Postal Services Act, the civil servants under Art. 16, Para. 2 of the Act On Counteracting Corruption And On Seizure Of Illegally Acquired Property, the civil servants carrying out activity of guarding of the judicial system under art. 391 of the Judiciary System Act, shall acquire right to pension at the age of 52 years and 10 months and provided that they have 27 years of general pensionable service, two thirds of which are really actually as civil servants according to the abovementioned laws, under the State Agency for National Security Act and as servicemen under the Act On The Defence And Armed Forces Of The Republic Of Bulgaria..

 

(3)   (new – SG 109/07, in force from 01.01.2008; amend. – SG 35/09, in force from 12.05.2009; amend. – SG 100/10, in force from 01.01.2011; amend. - SG 14/15; amend. - SG 61/15, in force from 01.01.2016) The civil servants under the State Agency for National Security Act shall acquire right to pension at the age of 52 years and 10 months provided that they have 27 years of general pensionable service, two thirds of which are actually served under the State Agency for National Security Act, at a military service or according to the laws of para 2.

 

(4)    (suppl., SG 67/03; amend. - SG 68/06, in force from 01.05.2006; prev. par. 3, suppl. – SG 109/07, in force from 01.01.2008; amend. – SG 35/09, in force from 12.05.2009; amend. – SG 99/12, in force from 01.01.2013; amend. - SG 61/15, in force from 01.01.2016) The persons under Para 2 and 3, served 15 years at positions of the flying personnel, paratroopers, the crews of the submarine vessels and the divers shall acquire right to pension at the age of 42 years and 10 months.

 

(5)   (new – SG 99/12, in force from 01.01.2013; revoked - SG 111/13, in force from 01.01.2014, new - SG 79/15, in force from 01.01.2016) Civil servants of the State Intelligence Agency acquire right to pension at the age of 52 years and 10 months and provided that they have 27 years of total pensionable service, two thirds of which are actually served under the State Intelligence Agency Act or are military service or served under the Acts under par. 1, 2 and 3.

 

(5а) (new - SG 79/15, in force from 01.01.2016) Officers and sergeants of the National Security Service shall be entitled to pension at the age of 52 years and 10 months and provided that they have 27 years of total pensionable service, two thirds of which are actually served under the National Security Service Act, or are military service or under the Acts mentioned in para. 1, 2 and 3.

 

(6)   (new – SG 102/06; prev. par. 4 – SG 109/07, in force from 01.01.2008; amend. – SG 102/08; amend. – SG 93/09, in force from 25.12.2009; amend. – SG 88/10, in force from 01.01.2011; amend. – SG


100/10, in force from 01.01.2011; prev. text of Para 05 – SG 99/12, in force from 01.01.2013; amend. – SG 53/14; amend. - SG 61/15, in force from 01.01.2016) The officers of the General Directorate "Fire Safety and Population Protection" of the Ministry of the Interior, carrying out any of the activities under Art. 17, Para 2, Item 6 of the Ministry of Interior Act, shall acquire the right of a pension at the age of 52 years and 10 months and 27 years of general pensionable service two thirds of which are actually served in the civil protection system.

 

(7)   (new – SG 100/10, in force from 01.01.2011; prev. text of Para 06 – SG 99/12, in force from 01.01.2013; amend. - SG 61/15, in force from 01.01.2016) In case of termination of the legal relationship the employees holding "underwater diver" position at the General Directorate "Fire Safety and Population Protection" of the Ministry of Interior shall be entitled to a pension at the age of 42 years and 10 months.

 

(8)   (new – SG 99/12, in force from 01.01.2013; amend. - SG 79/15, in force from 01.01.2016) The pensionable service for the right of pension under Para 1, 2, 3, 5, 5a and 6 shall be recognized complementarily, and the pensionable service under Para 4, 5 and 7 may complement the pensionable service under Para 1, 2, 3 and 6.

 

(9)  (new - SG 61/15, in force from 01.01.2016; amend. - SG 79/15, in force from 01.01.2016) From 31 December 2016 the age of the persons under Para 1 - 7 shall increase as from the first day of each subsequent calendar year with 2 months until reaching the age of 55 for the persons under Para 1, 2, 3, 5, 5a and 6 and the age of 45 for the persons under Para 4 and 7.

 

(10)   (new - SG 61/15, in force from 01.01.2016; amend. - SG 79/15, in force from 01.01.2016s) Entitlement to a pension under the conditions of Para 1 - 9 shall have also the persons having rendered military or public service according to the law under Para 1 - 3, 5 and 5a the persons having occupied the positions under Para 4 and 7, and the servicemen having exercised the activities under Para 6.

 

 

 

Entitlement to a pension of ballerinas, ballet-dancers and dancers with pensionable service in cultural organizations

 

Art. 69a. (new - SG 100/10, in force from 01.01.2011; amend. - SG 61/15, in force from 01.01.2016) Persons with 25 years of pensionable service as ballerinas, ballet-dancers or dancers in cultural organisations shall be entitled to pension at the age of 42 years and 10 months.

 

(2)   After 31 December 2016 the age of the persons referred to in Para 1 shall be increased from the first day of each subsequent calendar year by 2 months until reaching the age of 45.

 

 

 

Entitlement to a pension of persons working under first and second category labour conditions

 

Art. 69b. (new - SG 61/15, in force from 01.01.2016) (1) (Amend. – SG, 99/17, in force from 01.01.2018) The persons that have worked for 10 years under first labour category conditions shall acquire right to pension under the following conditions:

 

1.   (amend. – SG, 99/17, in force from 01.01.2018) by 31 December 2015 have reached the age of 47 years and 8 months in respect of women and 52 years and 8 months in respect of men and the sum of pensionable service and age amounts to 94 for the women and 100 for the men;

 

2.    after 31 December 2015 the age under Item 1 shall increase as from the first day of each subsequent calendar year by 2 months in respect of men and by 4 months in respect of women until reaching the age of 55.

 

(2) (Amend. – SG, 99/17, in force from 01.01.2018) The persons that have worked for 15 years under second labour category conditions they acquire entitlement to a pension under the following conidtions:

 

1.   by 31 December 2015 have reached the age of 52 years and 8 months in respect of women and


57 years and 8 months in respect of men and the sum of pensionable service and age amounts to 94 for the women and 100 for the men;

 

2.    after 31 December 2015 the age under Item 1 shall increase as from the first day of each subsequent calendar year by 2 months in respect of men and by 4 months in respect of women until reaching the age of 60.

 

(3) (amend. – SG 98/16, in force from 01.01.2017, amend. – SG, 99/17, in force from 01.01.2018) The persons who have 10 years of pensionable service under the conditions of Art. 104, Para 3, may retire before the age referred to in Art. 68, Para. 1, provided that the sum of their age and pensionable service amounts to 90 and by December 31, 2015, have completed 52 years of age in respect of men and 47 in respect of women. After 31 December 2015 the age shall increase from the first day of each subsequent calendar year by 2 months until reaching the age of 55 for both men and women.

 

(4) (Amend. – SG, 99/17, in force from 01.01.2018, amend. - SG 64/18, in force from 01.01.2018) Should the employment contract of the persons working under the conditions of Art. 104, Para. 3 be terminated on the grounds of Art. 328, Para. 1, item 1 and 2 of the Labour Code, they may retire not earlier than when turning 45 years and 4 months of age at 31 December 2017 and if they have an aggregate of 90 of the pensionable service and the age, and 10 years of pensionable service performed under the conditions of Art. 104, Para. 3. From December 31, 2017, the age shall increase by two months from the first day of each subsequent calendar year until reaching the age of 50 for both men and women.

 

(5) (Amend. – SG, 99/17, in force from 01.01.2018) Pension under Para. 1 – 4 shall be granted, where the persons have not acquired right to pension under Art. 168, or have changed their insurance under Art. 4c.

 

(6) In the assessment of the right to a pension under Para 2 the pensionable service of first category shall supplement the pensionable service of second category without transformation.

 

(7) (Amend. – SG, 99/17, in force from 01.01.2018) Persons under Para 1 - 4 shall be granted to a person, who has been entitled to pension under Art 168 where together with the application for granting pension, has submitted an application for transfer to Pensions Fund of the funds from his individual account in a professional pension find. The application for transfer shall be submitted via the territorial unit of the National Insurance Institute to the corresponding pension insurance company managing the fund, where the person is insured. Within 7-day term from the date of the order for granting pension, the territorial unit of the National Insurance Institute shall send the application to the relevant company, unless by this date the person has changed his insurance under Art. 4c.

 

(8) In the cases of Para 7 the pension insurance company shall deposit the finds to the “Pensions” Fund of the state social insurance within one month from receipt of the application. Where the individual share lacks any funds, the pension insurance company shall notify the National Insurance Institute accordingly.

 

 

Entitlement to a pension of teachers

 

Art. 69c. (new - SG 61/15, in force from 01.01.2016) (1) The teachers shall be entitled to a pensionable service and age pension at the age of 57 years and 10 months for the women and 60 years and 10 months for the men and teacher’s pensionable service of 25 years and 8 months for the women and 30 years and 8 months for the men. After 31 December 2016 the age shall be increased at the first day of each subsequent calendar year as follows:

 

1.  before 31 December 2029 the age of the women shall be increased by 2 months for each calendar year, and from 1 January 2030 - by 3 months for each calendar year up to the age of 62;

 

2.   before 31 December 2017 the age of the men shall be increased by 2 months for each calendar year, and from 1 January 2018 - by 3 months for each calendar year up to the age of 62.

 

(2) The persons referred to in Para 1 shall be paid a temporary pension for early retirement from the Teachers’ Pension Fund in amount determined as set out in Art. 70 and reduced with 0,1 per cent for each month short of the age required for that person to become entitled to a pension under Art. 68, Para 1.


(3)   (Suppl. – SG, 99/17, in force from 01.01.2018) The teachers entitled to a pension under Para 1 and having retired under Art. 68, Para 1 and 2 shall be paid pensionable service and age pension from the “Pensions” Fund and additionally 0,33 per cent of the pension for each month of making an insurance instalment to the fund after having acquired the right to a pension under Para 1. With producing data for additionally laid teacher’s insurance length pf service after granting the pension under Art. 68, Para. 1 and 2, to which shall be paid additionally from the Teachers’ Pension Fund, the number of the months from which the additional has been defined, shall be increased by the number of months after the retirements, for which there are insurance contributions in the same fund.

 

(4)   To teachers having the teachers’ pensionable service required by Para 1 and having retired after the age referred to in Art. 68, Para 1, shall be paid a full pension from the Teachers’ pension fund until the age referred to in Art. 68, Para 3. After the age of Art. 68, Para 3, the pension shall be paid from the account of the “Pensions” Fund.

 

(5)   The persons qualifying as teachers and the recognition of the pensionable service as teachers’ pensionable service in the sense of the present Act shall be determined in the ordinance referred to in Art. 106.

 

 

Acquiring the right to a pension by judges, prosecutors and investigators

 

Art. 69d. (new - SG 77/18, in force from 01.01.2019, repealed – SG 99/19, in force from 17.12.2019)

 

 

 

Extent of the pension

 

Art 70. (Amend. – SG, 99/17, in force from 01.01.2018) (1) (Amend. - SG 102/18, in force from 01.01.2019) The extent of the pension for pensionable service and age shall be determined as the income, from which the pension is calculated, is multiplied by a percentage of 1,2 for each year of pensionable service and the corresponding proportional part of that percentage for the months of pensionable service.

 

(2)    For the persons, who have acquired the right to pension under Art. 68, Para. 1 and 2 and continue to work after the date of acquiring the right, without having granted a personal pension, the value of the percent for every year insurance length pf service after this date shall be 3, and from 1 January 2012 – 4 and the relevant proportional part of these percentage for the months insurance service. The percent for every year service after this date of acquiring the right under Art. 68, Para. 1 and 2 shall be defined for real calendar insurance service, without reforming, acquired after 31 December 2006.

 

(3)   The income, from which the pension is calculated shall be defined, where the average monthly insurance income for the country for 12 calendar months before the month of granting the pension is multiplied under the individual coefficient of the person.

 

(4)   For the pension, granted before 1 January 2019, the individual coefficient shall be calculated from the insurance income of the person for a period of 3 successive year of the last 15 years insurance service by 1 January 1997 upon choice of the person and form the insurance income for the period after this date by the date of granting the pension. In the cases, where the insurance income of the person by 1 January 1997 is for a period, shorter than 3 years, the individual coefficient shall be calculated from this income. While defining the individual coefficient of the self-insured person, the income shall be taken in consideration, on which the insurance contributions have been paid.

 

(5)   For calculation of the individual coefficient under Para. 4, the following shall be determined:

 

1.   the ratio between the average monthly insurance income of the person for the period by 31 December 1996 including the average monthly work salary for the country for the same period, announced by the National statistical institute;

 

2.   the ratio between the average monthly insurance income of the person for the period after 31 December 1996 and the average monthly insurance income for the country for the same period.


(6)   The individual coefficient under Para. 4 shall be calculated where every of the ratio of para 5, shall be multiplied by the number of the months, for which it is established and the sum of the obtained shall be divided by the total number of months, included in both periods. Where the persons have no insurance income after 31 December 1996, the individual coefficient shall be equal to the ratio under Para. 5, p. 1, and where their insurance income is wholly after this date, the individual coefficient shall be equal to the ratio under Para. 5, p. 2.

 

(7)    The ratio under Para. 5, p. 2 shall not exceed the ration between the maximum insurance income, defined by the Budget Act of the state public insurance and the average monthly insurance income for the country for the same period.

 

(8)   (Amend. - SG 102/18, in force from 01.01.2019) For the pension, granted with initial date after 31 December 2018, the individual coefficient shall be calculated form the insurance income of the persons for the periods after 31 December 1999 to the date of granting the pension, but for a period of not less than 36 months. Where the insurable earnings of the person after 31 December 1999 is for a period of less than 36 months, his last insured income before 1 January 2000 shall be taken into account in an order determined by the ordinance under Art. 106. Where the person has no insurance income before 1 January 2000 or his income before that date is for a period less than that required to complete up to 36 months, the individual coefficient shall be calculated from the available income regardless of the length of the period, to which it relates. Where the person has no insurance income after 31 December 1999, the individual coefficient shall be calculated from his last insured income for 36 months up to that date or from his available income, when the income is for a shorter period.

 

(9)   (Amend. and suppl. - SG 102/18, in force from 01.01.2019) The individual coefficient under Para. 8 shall be calculated, where the sum of the monthly ratios between the insurance income of the person for the month and the average insurance income for the country for the same month shall be divided to the sum of the ratios between the number of the working days, to which the insurance income of the person refers for the relevant month and the number of the working days during the month – for all the months participating in the calculation of the individual coefficient. The worked-out hours by the person shall be calculated proportionally to the legally established work time. The individual coefficient may not exceed the arithmetic mean of the monthly ratios between the maximum monthly amount of the insurable income determined by the law of the public social security budget for the respective year, and the average monthly insurable income for the country - for the months after 31 December 1999 taken in the calculation of the individual coefficient.

 

(10)   The insurance income, from which the individual coefficient is calculated of a person, born after 31 December 1959 shall be decreased as follows:

 

1. with the calculation of the individual coefficient under Para. 4, the insurance income for the months, during which the person has been insured in a universal pension fund, shall be decreased by the income, defined on the basis of a coefficient, representing average ratio for these months between the amounts of the insurance contributions for a universal pension fund and for Pensions Fund for third category labor, for the persons, born before 1 January 1960 in a procedure, defined by a Council of Ministers act;

 

2. (amend. - SG 102/18, in force from 01.01.2019) with calculation of the individual coefficient under Para. 8 the insurance income for every month, during which the person has been insured in a universal pension fund, shall be decreased by the income, defined on the basis of the ratio for the relevant month between the amount of the insurance contribution for the universal pension fund and the amount of the contribution for Pensions Fund, for third category labor for the persons, born before 1 January 1960.

 

(11)   The insurance income, from which the individual coefficient is calculated of a person, born after 31 December 1959 shall not be decreased, where on the date of order for granting pension the person is with a changed insurance under Art. 4b. Where on the date of the order for granting the pension, the person has resumed his insurance in a universal pension fund under Art. 124a, the insurance income shall not be decreased for the months, during which the person has not been insured in a universal pension fund and the accumulated funds from his individual account have been transferred to the State Fund for guaranteeing the


sustainability of the state pension system. The insurance income of the person shall not be decreased after the transfer of his funds under Art. 129, Para. 15 to Pensions Fund, or in the Pensions for the Persons under Art. 69 Fund.

 

(12)   The minimum amount of the pension for insurance service and age under Art. 68, Para. 1 shall be defined by the Budget of the State Public Insurance Act.

 

(13)   The amount of the pension for insurance service and age under Art. 68, Para. 3 shall not be smaller than 85% of the minimum amount under Para. 12.

 

(14)   The amount of the pension under Art. 68a shall be decreased by 0.4% for each insufficient for the person month by reaching his age under Art. 68, Para. 1.

 

(15)   The amount of the pension for insurance service and age under Art. 68a, 69, 69a, 69b and 69c shall not be smaller than the minimum amount under Para. 12.

 

(16)   (Suppl. - SG 102/18, in force from 01.01.2019) While defining a pension under international agreement to which the Republic of Bulgaria is a party, or of European regulations on the coordination of social security systems, the insurance income for the insurance service, acquired under the Bulgarian legislation shall be taken in consideration.

 

(17)   (Amend. - SG 102/18, in force from 01.01.2019, suppl. – SG 99/19, in force from 01.01.2020) The persons may request re-calculation of the pension of the insurance income for another 3-year period before 1 January 1997 within 12-month term after the entry into force of the injunction, with which the amount is determined by the order of this Code. Re- calculation shall be done from the date of submission of the application.

 

(18)   (Amend. - SG 102/18, in force from 01.01.2019) In the cases of amendment, recalculation, resumption or reimbursement of pensions, the individual coefficient shall be calculated according to the statutory provisions as per which it is determined.

 

 

 

Income from which the individual coefficient is calculated (Title amend. - SG 102/18, in force from 01.01.2019)

 

Art. 70a. (new – SG 1/02) (1) (suppl. – SG 99/09, in force from 01.01.2010; amend. – SG 107/14, in force from 01.01.2015; amenbd. - SG 54/15, in force from 17.07.2015, suppl. - SG 102/18, in force from 01.01.2019) The average monthly insurable income, respectively the insurable income for the month, shall be determined from the remuneration or the insurable income, for which have been paid or are due insurance payments for the persons of art. 4, para 1 and para 3, items 5 and 6 and Para 10, and for the self-insuring persons and for the persons as per Art. 4a, para 1 - from the income for which they have paid insurance payments.

 

(2)   (Suppl. - SG 102/18, in force from 01.01.2019) At determining the average monthly insurable income, respectively the month's insurable income, it shall not be taken into account the income for the time:

 

1. at conscript or alternative military service;

 

2. of leave for bringing up of a child, during which have been received benefits;

 

3. of the recognised pensionable service of the non working mothers;

 

4. (amend. – SG 100/10, in force from 01.01.2011) of training of the persons, who have graduated from a university or a college or of periods which are not long enough for entitlement to a pension under Art. 68, para 1, for which the persons have paid insurance instalments entirely for their own account;

 

5. (amend. - SG 17/18) after January 1, 1996, during which a parent (adoptive parent) of a child with permanent disability has taken permanent care for it till 16 years of age, due to which he has not worked with labour or official legal relation and has not been insured;

 

6. (amend. – SG 41/09, in force from 02.06.2009, amend. - SG 17/18, amend. - SG 102/18, in force from 01.01.2019) from January 1, 2001, during which a parent (adoptive parent) or husband (wife) of a person with a disability, to whom has been provided assistance, and the time of 15 August 2015 during


which one of the parents of the mother or father of the person with a disability has taken care of him, due to which they have not been insured and have not received pension, and after 1 January 2018 - a personal pension;

 

7.    during which the persons have received unemployment benefit at releasing of pension with starting date after December 31, 1999;

 

8.  (new – SG 100/10, in force from 01.01.2011) for the time of unpaid leave, which is recognised as pensionable service, or for lawful strike;

 

9.   (new – SG 100/10, in force from 01.01.2011; amend. – SG 58/12, in force from 01.08.2012; amend. – SG 99/12, in force from 01.01.2013) during which the persons have insured themselves on the grounds of Art. 4, paras 5, 7 and 9.

 

(3) When in the period, from which is determined the individual coefficient, is included time for legally established leave or strike, into account shall be taken:

 

1.   the time for paid leave, paid by the employer – the remuneration, received for this leave, for which insurance payments have been made;

 

2.  (amend. – SG 1/14, in force from 01.01.2014, amend. - SG 30/18, in force from 01.07.2018) the time of leave due to temporary inability to work, pregnancy and childbirth or adoption of a child up to 5 years of age, during which cash benefit has been received from the public insurance – the income, from which the benefit has been calculated;

 

3.   (amend. – SG 99/09, in force from 01.01.2010; revoked – SG 100/10, in force from 01.01.2011)

 

(4) (amend. – SG 105/06, in force from 01.01.2007; amend. – SG 107/14, in force from 01.01.2015) At determining the insurable income for the period until 31 December 2006 of the persons of art. 4, para 1 calculated and unpaid remuneration shall not be included.

 

(5) (New - SG 102/18, in force from 01.01.2019) In determining a pension related to the application of an international treaty, to which the Republic of Bulgaria is a party, or of the European coordination regulations of the social security systems, when under Bulgarian legislation taken into account is only the pensionable service which is not included in determining the insurable income under Para. 2, for the calculation of the individual coefficient under Art. 70 shall be taken into account the minimum monthly salary established for the country for the respective period.

 

 

 

Section II.

 

Pensions for disability

 

 

Right to pension

 

Art. 71. (amend. – SG 100/10, in force from 01.01. 2011) The persons shall be entitled to a pension for disability in those cases where they have lost their ability to work, in whole or in part, permanently or for an extended period of time.

 

 

 

Determining the pension for disability

 

Art. 72. (amend. – SG 41/09, in force from 02.06.2009) Pension for disability shall be determined for persons with 50 and more than 50 percent of permanently reduced ability to work/ type and degree of inability.

 

 

 

Initial date and term of the pension

 

Art. 73. (1) (suppl., SG 64/00) The right to pension for disability shall occur from the date of


disability and for the blind by birth and for those struck with blindness before assuming work - from the date of the application under art. 94.

 

(2)   The pension for disability shall be given for the term of disability.

 

(3)   (amend. SG 1/02) The pensions for disability of the persons turned the age of art. 68 shall be given for life.

 

 

 

Right to pension for disability due to a general disease

 

Art. 74. (suppl., SG 64/00) (1) (prev. art. 74 – SG 1/02) The insured persons shall acquire right to pension for disability due to a general disease if they have lost their ability to work and have pensionable service , acquired till the date of disability and for the blind by birth and for those struck with blindness before assuming work - from the date of the application under art. 94 as follows:

 

1.   up to 20 years of age and to the born blind and to those turned blind before starting to work - regardless of the duration of the pensionable service ;

 

2.   up to 25 years of age - one year;

 

3.   up to 30 years of age - 3 years;

 

4.   (amend., SG 64/00) over 30 years of age - 5 years;

 

5.   (revoked, SG 64/00).

 

(2)   (new – SG 107/14, in force from 01.01.2015) One third of the pensionable service under para 1, items 2, 3 and 4 must be actual one.

 

(3)   (new – SG 1/02; prev. text of para 2, suppl. – SG 107/14, in force from 01.01.2015, amend. - SG 17/18) The persons, disabled at birth and the persons with sustained permanent disability shall, till starting to work, acquire right to pension for disability due to general disease with one year actual pensionable service.

 

(4)   (new – SG 112/2004; suppl. – SG 109/08, in force from 01.01.2009; prev. text of para 3 – SG 107/14, in force from 01.01.2015) Pension for disability due to a general disease shall not be granted, renewed or reimbursed to the persons to whom has been granted a personal pension for pensionable service and age.

 

 

 

Extent of the pension for disability due to a general disease

 

Art. 75. (1) (amend., SG 64/00; amend. - SG 104/05, in force from 27.12.2005; amend. – SG 23/09, in force from 01.04.2009; suppl. - SG 61/15, in force from 01.01.2016, amend. - SG 102/18, in force from 01.01.2019) The extent of the pension for disability due to a general disease shall be determined multiplying with 1,2 percent for each year of pensionable service and relevant to the proportional part of the percentage for the months of pensionable service.

 

(2)   (amend. - SG 104/05, in force from 27.12.2005; suppl. – SG 100/10, in force from 01.01. 2011; suppl. – SG 107/14, in force from 01.01.2015) When by the date of disability the insured person is with age lower than the age of art. 68, para 1, however not earlier than the age of 16, than the difference between his age and the age of art. 68, para 1 shall be recognised as pensionable service. When the pension is determined the recognised period and the relevant proportional part of the percentage for the months of pensionable service shall be multiplied by a coefficient as follows:

 

1. (amend. – SG 41/09, in force from 02.06.2009) for persons with permanently reduced ability to work/ type and degree of inability of over 90 percent - 0.9;

 

2. (amend. – SG 41/09, in force from 02.06.2009) for persons with permanently reduced ability to work/type and degree of inability from 71 to 90 percent - 0.7;

 

3. (amend. SG 1/02; amend. – SG 41/09, in force from 02.06.2009) for persons with permanently reduced ability to work/ type and degree of inability from 50 to 70.99 percent - 0.5.


(3)   (revoked - SG 64/00)

 

(4)   The extent of the pension for disability due to a general disease cannot be less than:

 

1.   (amend. - SG 57/06, in force from 01.07.2006; amend. – SG 41/09, in force from 02.06.2009; amend. - SG 61/15, in force from 01.01.2016, amend. – SG, 99/17, in force from 01.01.2018) for persons with permanently reduced ability to work/type and degree of inability over 90 percent - 115 percent of the minimum extent under art. 70, para 12;

 

2.   (amend. - SG 57/06, in force from 01.07.2006; amend. – SG 41/09, in force from 02.06.2009; amend. - SG 61/15, in force from 01.01.2016, amend. – SG, 99/17, in force from 01.01.2018) for persons with permanently reduced ability to work/type and degree of inability from 71 to 90 percent - 105 of the minimum extent under art. 70, para 12;

 

3.   (amend. SG 1/02; amend. - SG 57/06, in force from 01.07.2006; amend. – SG 41/09, in force from 02.06.2009; amend. - SG 61/15, in force from 01.01.2016, amend. – SG, 99/17, in force from 01.01.2018) for persons with permanently reduced ability to work/ type and degree of inability from 50 to

 

70.99 percent - 85 percent of the minimum extent under art. 70, para 12.

 

(5) (new, SG 67/03) To persons under art. 74, para 1, item 1, having an insured service up to one year, the pensions shall be determined in the minimal size of para 4. After one year of insured service the pensions shall be determined by the order of art. 75 - 77.

 

(6) (New – SG 99/19, in force from 01.01.2020) The persons may request a re-calculation of the pension from the insurance income for another three-year period before 1 January 1997 in accordance with Art. 70, Para. 17.

 

 

 

Income for calculation of the extent of the pension for disability due to a general disease

 

Art. 76. (amend., SG 67/03; in force from January 1, 2004, amend. – SG, 99/17, in force from 01.01.2018) The income from which the extent of the pension for disability due to a general disease is calculated shall be determined multiplying the average insured income for the country, according to art. 70, para 3, by the individual coefficient of the person.

 

 

 

Individual coefficient

 

Art. 77. (suppl., SG 64/00; amend. SG 1/02; amend. – SG 100/10, in force from 01.01. 2011; amend. - SG 98/15, in force from 15.08.2015, amend. – SG, 99/17, in force from 01.01.2018) For defining the amount of the pensions for disability because of general illness, granted with initial date before 1 January 2019, the individual coefficient shall be calculated under Art. 70, Para. 1 4 – 7, Apra. 10, p. 1 and Para. 11, and for the pensions, granted with initial date after 31 December 2018 – under Art. 70, Para. 8, 9, Para. 10. P. 2 and Para. 11.

 

 

 

Pension for disability due to a labour accident and professional disease

 

Art. 78. The insured persons who have lost 50 or more than 50 percent of their ability to work due to a labour accident or professional disease, shall have right to a pension for disability due to a labour accident or professional disease regardless of the duration of their pensionable service.

 

 

 

Extent of the pension for disability due to labour accident and professional disease

 

Art. 79. (1) (amend., SG 67/03; in force from January 1, 2004; amend. – SG 60/11, in force from 05.08.2011; amend. - SG 98/15, in force from 01.01.2016, amend. – SG, 99/17, in force from 01.01.2018)


The extent of the pension for disability due to labour accident and professional disease shall be determined multiplying the average monthly insurable income for the country, according to art. 70, para 3, by the individual coefficient, calculated by the order of art. 70, para 4 – 7, Para. 10. item 1 and Para. 11 – for the pensions, granted with initial date before 1 January 2019, and for the persons, granted with intial date after 31 December 2018 – under Art. 70, Para. 8, 9, Para. 10. item 2 and Para. 11 and udner the following coefficients:

 

1.   (amend. – SG 41/09, in force from 02.06.2009, amend. - SG 102/18, in force from 01.01.2019) for persons with permanently reduced ability to work/ type and degree of inability over 90 percent - 0.4494;

 

2.   (amend. – SG 41/09, in force from 02.06.2009, amend. - SG 102/18, in force from 01.01.2019) for persons with permanently reduced ability to work/ type and degree of inability from 71 to 91 percent - 0.3932;

 

3.   (amend. SG 1/02; amend. – SG 41/09, in force from 01.07.2009, amend. - SG 102/18, in force from 01.01.2019) for persons with permanently reduced ability to work/ type and degree of inability from 50 to 70.99 percent - 0.3371.

 

(2) (new - SG 61/15, in force from 01.01.2016, amend. – SG, 99/17, in force from 01.01.2018, revoked - SG 102/18, in force from 01.01.2019)

 

(3) (prev. text of Para 02 - SG 61/15, in force from 01.01.2016) The extent of the pension for disability due to labour accident or professional disease shall not be less than:

 

1.   (amend. - SG 57/06, in force from 01.07.2006; amend. – SG 41/09, in force from 02.06.2009; amend. - SG 61/15, in force from 01.01.2016, amend. – SG, 99/17, in force from 01.01.2018) for persons with permanently reduced ability to work/ type and degree of inability over 90 percent - 125 percent of the minimum extent under art. 70, para 12;

 

2.   (amend. - SG 57/06, in force from 01.07.2006; amend. – SG 41/09, in force from 02.06.2009; amend. - SG 61/15, in force from 01.01.2016, amend. – SG, 99/17, in force from 01.01.2018) for persons with permanently reduced ability to work/ type and degree of inability from 71 to 90 percent – 115 percent of the minimum extent under art. 70, para 12;

 

3.   (amend. SG 1/02; amend. - SG 57/06, in force from 01.07.2006; amend. – SG 41/09, in force from 02.06.2009; amend. - SG 61/15, in force from 01.01.2016, amend. – SG, 99/17, in force from 01.01.2018) for persons with permanently reduced ability to work/ type and degree of inability from 50 to

 

70.99 - the minimum extent under art. 70, para 12.

 

(4) (new - SG 64/00; prev. text of Para 03 - SG 61/15, in force from 01.01.2016) The size of the pension for disability due to labour accident and professional disease cannot be less than the size calculated as pension for disability due to a general disease.

 

(5) (New – SG 99/19, in force from 01.01.2020) The persons may request a re-calculation of the pension from the insurance income for another three-year period before 1 January 1997 in accordance with Art. 70, Para. 17.

 

 

 

Section III.

 

Inheritance pensions

 

 

Right to inheritance pension

 

Art. 80. (1) (amend. – SG 89/12, in force from 01.01.2013; amend. – SG 99/12, in force from 01.01.2013) The personal pensions shall be possible to be transferred into inheritance pensions except the pensions for civil disability, the social pensions for age, the social disability pensions and the personal pensions.

 

(2)   (amend. SG 1/02) Right to inheritance pension shall have the children, the survived spouse and

 

the parents.


(3)   The refusal from inheritance shall not deprive the heirs from right to inheritance pension.

 

(4)   The receiving of inheritance pension shall not be considered as accepting of inheritance.

 

 

 

Determining of the inheritance pension

 

Art. 81. (1) The inheritance pension shall be determined as a percentage of the due personal pension of the deceased insured person as follows:

 

1.   at one heir - 50 percent;

 

2.   at two heirs - 75 percent;

 

3.   at three and more heirs - 100 percent.

 

(2)     (suppl., SG 64/00 - in force from January 1, 2001; amend. - SG 57/06, in force from 01.07.2006; amend. - SG 61/15, in force from 01.01.2016, amend. – SG, 99/17, in force from 01.01.2018) The inheritance pension shall be given to all persons who have right to this pension and it shall be distributed among them. The minimal size of the inheritance pension cannot be less than 75 percent of the minimum extent under art. 70, para 12.

 

(3)    At death of both the parents (adopters) the children shall have right to inheritance pension determined from the sum of the pensions of the deceased.

 

 

 

Conditions for giving and receiving inheritance pension

 

Art. 82. (1) (amend. – SG 41/07, in force from 01.01.2008; amend. – SG 106/13, in force from 01.01.2014; suppl. – SG 107/14, in force from 01.01.2015, suppl. – SG 98/16, in force from 01.01.2017) The children shall have right to inheritance pension till turning 18 years of age and after turning it - if they are studying - for the term of study, but not later than turning 26 years of age as well as above this age if they are studying and have become disabled till 18, respectively 26 years of age. Children who are considered students shall be defined by the ordinance under Art. 106. Children who acquire length of service after graduation shall not be considered students.

 

(2)    (amend., SG 67/03; in force from January 1, 2003; amend. – SG 100/10, in force from 01.01.2011; amend. – SG 99/12, in force from 01.01.2013) The survived person shall have right to inheritance pension 5 years earlier than his age of art. 68, para 1 or before this age if he is unable to work.

 

(3)    (amend., SG 67/03; in force from January 1, 2003; amend. – SG 100/10, in force from 01.01.2011, suppl. – SG 98/16, in force from 01.01.2017) The parents shall have right to inheritance pension from their children if they have turned the age of art. 68, para 1 and do not get a personal pension.

 

(4)   (suppl. - SG 53/18, suppl. - SG 102/18, in force from 01.01.2019) The parents of the persons deceased during conscript military service and of the servicemen who died in the performance of military service in operations and missions outside the country shall have right to inheritance pension for military disability, regardless of their age.

 

 

 

Kinds of inheritance pensions

 

Art. 83. (1) (amend. - SG 17/18) At death of the insured person to the heirs shall be given a pension in compliance with the kind of the personal pension for general disease or due to labour accident or professional disease that the deceased would have received as disabled person with lost ability to work more than 90 percent.

 

(2)   When the deceased has acquired right to pension for pensionable service and age to the heirs shall be given inheritance pension calculated from the due pension for pensionable service and age if this is more favourable for them.

 

(3)    (amend. – SG 41/09, in force from 02.06.2009) At death of a pensioner who has received


personal pension for disability due to a general disease or labour accident or professional disease, the extent of the inheritance pension shall be determined by the due to him for permanently reduced disability/ type and degree of inability more than 90 percent.

 

(4)    (amend. – SG 41/09, in force from 02.06.2009, suppl. - SG 53/18) At death of a military serviceman at conscript military service or in the performance of military service in operations and missions outside the country to his heirs shall be given pension as basis being taken the extent of Art. 86, para 1, equal to the due to him pension for military disability with permanently reduced ability to work over 90 percent.

 

(5)   (new - SG 64/00; amend. – SG 41/09, in force from 02.06.2009) For death of a pensioner who has received pension for military disability the size of the pension of the inheritors shall be determined by the due pension for military disability with permanently reduced capacity to work/type and degree of inability over 90 percent, as determined by art. 86.

 

(6)    (new - SG 112/2004) In case of death of a pensioner who has been receiving a pension for disability due to a general disease or personal pension for pensionable service and age, the inheritance pension shall be released in the percentage of Art. 81, according to the type of the received pension.

 

 

 

Addition to the pension of deceased spouse

 

Art. 84. (amend. – SG 112/2004) (1) (amend. – SG 99/09, in force from 01.01.2010; amend. – SG 49/10, in force from 01.07.2010) A pensioner shall be entitled to an additional benefit of the pension or the sum of pensions of his/her deceased spouse in the following amounts:

 

1.   (amend. – SG 60/11, in force from 05.08.2011) till 31 August 2011 - 20 per cent;

 

2.   (amend. – SG 60/11, in force from 05.08.2011; amend. – SG 99/12, in force from 01.01.2013) from 1 September 2011- 26,5 per cent;

 

3.   (revoked – SG 99/12, in force from 01.01.2013)

 

4.   (revoked – SG 99/12, in force from 01.01.2013)

 

5.   (revoked – SG 99/12, in force from 01.01.2013)

 

(2)     If the diseased spouse had not been receiving pension, the addition per Para 1 shall be determined by the pension or the sum of pensions the deceased spouse had the right to under the Art. 83.

 

(3)   The addition cannot be received together with an inheritance pension from the same grantor.

 

 

 

Additional benefits to persons who have reached 75 years of age

 

Art. 84a. (new – SG 99/09, in force from 01.01.2010; revoked. – SG 100/10, in force from 01.01.2011)

 

 

 

 

Section IV.

 

Pensions not connected with labour activity

 

 

Pensions for military disability

 

Art. 85. (1) Right to pension for military disability shall have the persons who have lost their ability to work because they have become ill or have been damaged during or on occasion of:

 

1.   the conscript military service;

 

2.   the service in the reserve.

 

(2)    (suppl. - SG 53/18) Right to pension for military disability shall have the persons killed in military service in operations or missions outside the territory of the country and also the persons damaged


at rendering co-operation to the military forces.

 

(3) Damaged in the sense of para 1 and 2 shall be considered also the perished and the missing.

 

 

 

Extent of the pension for military disability

 

Art. 86. (1) (amend. – SG 41/09, in force from 02.06.2009) The extent of the pension for military disability shall be determined as percentage of the social pension for age according to the following table:


 

 

 

 

 

 

Over 90 percent


 

 

 

 

Permanent loss of capability to work

 

(table amend. SG 1/02)

 

71-90 percent                       50-70, 99 percent

 


Privates and


sergeants

 

officers


 

 

150 percent

 

160 percent


 

 

140 percent

 

150 percent


 

 

115 percent

 

120 percent

 


 

(2)    When the persons of art. 85 have been insured for all insured social risks or only for labour accident or professional disease before starting the conscript military service or to service in the reserve the extent of the pension for military disability shall be determined as the pension for labour accident or professional illness if this is more favourable for them.

 

 

 

Pension for civil disability

 

Art. 87. Right to pension for civil disability shall have the persons who have lost their ability to work because they have become ill or have been damaged:

 

1.   in fulfilment of their civil duty;

 

2.   incidentally by the bodies of power at the fulfilment of official tasks of these bodies.

 

 

 

Extent of the pension for civil disability

 

Art. 88. (1) The extent of the pensions for civil disability shall be determined as percentage of the social pension for age as follows:

 

1.   (amend. – SG 41/09, in force from 02.06.2009) for persons with permanently reduced ability to work/type and degree of inability over 90 percent - 150 percent;

 

2.   (amend. – SG 41/09, in force from 02.06.2009) for persons with permanently reduced ability to work/type and degree of inability from 71 to 90 percent - 140 percent;

 

3.   (amend. SG 1/02; (amend. – SG 41/09, in force from 02.06.2009)) for persons with permanently reduced ability to work from 50 to 70.99 percent - 115 percent.

 

(2) For the persons who have been insured for all insured social risks or only for labour accident or professional disease before starting the conscript military service or to service in the reserve the extent of the pension for military disability shall be determined as the pension for labour accident or professional illness if this is more favourable for them.

 

 

 

Social pension for age

 

Art. 89. (revoked– SG 100/10, in force from 01.01.2013; amend. – SG 60/11, in force from 05.08.2011)


 

Social pension for age

 

Art. 89a. (new – SG 99/12, in force from 01.01.2013) (1) (Amend. – SG, 99/17, in force from 01.01.2018, suppl. - SG 102/18, in force from 01.01.2019) A right to a social pension shall have the persons having 70 years of age, who have not received another pension, including from another country, where the annual income per member of the family at the date of completion of the age is lower than the sum of the guaranteed minimum income established for the country during the last 12 months. Where the request is made after completion of 70 years of age and after expiration of the 2-month period under Art. 94, the income per member of the family shall be determined at the date of the request.

 

(2)   The amount of the social pension for age and the conditions for its receipt shall be determined by the Council of Ministers at the request of the Ministry of Labour and Social Policy and the National Insurance Institute.

 

 

 

Social pension for disability

 

Art. 90. (revoked– SG 100/10, in force from 01.01.2013; amend. – SG 60/11, in force from 05.08.2011)

 

 

 

Social Disability Pension

 

Art. 90a. (New – SG 99/12, in force from 01.01.2013) (1) (Suppl. - SG 102/18, in force from 01.01.2019) A right to a social disability pension shall have the persons who have completed 16 years of age with permanently reduced working ability/type and level of disability exceeding 71 percent, who have not received another pension, including from another country.

 

(2)   The amount of the social disability pension of the persons with permanently reduced working ability/type and level of disability exceeding 90 percent shall be 120 percent, and the persons with permanently reduced working ability/type and level of disability between 71 and 90 percent – 110 percent of the social pension for age.

 

 

 

Pension for special merits

 

Art. 91. (revoked – SG 89/12, in force from 01.01.2013)

 

 

 

Personal pensions

 

Art. 92. The Council of Ministers shall under conditions and order determined by it in exclusive cases shall be able to grant pensions to persons with regard to whom some of the requirements of this code are not met.

 

 

 

Resources for payment of the pensions no connected with labour activity

 

Art. 93. (amend. – SG 15/13, in force from 01.01.2014) The resources for payment of the pensions no connected with labour activity shall be for the account of the state budget.


Section V.

 

General rules for the pensions

 

 

Date of Granting Pension

 

Art. 94. (amend. SG 1/02, amend. – SG 112/2004; amend. – SG 100/11, in force from 01.01.2012, amend. and suppl. – SG 98/16, in force from 01.01.2017) (1) (Amend. – SG, 99/17, in force from 01.01.2018) The pensions and supplements thereto shall be granted from the date of acquisition of the right, if the application with all the papers required has been filed in 2-month term from the said date. If the documents have been submitted after the elapse of the 2-month term after acquisition of the right, pensions and the supplements to them shall be granted as of the date of submission thereof.

 

(2)    (new – SG 100/11, in force from 01.01.2012; suppl. – SG 99/12, in force from 01.01.2013; revoked – SG 107/14, in force from 01.01.2015)

 

(3)   (new – SG 112/2004; amend. - SG 104/05, in force from 27.12.2005; prev. text of para 2 – SG 100/11, in force from 01.01.2012, suppl. – SG, 99/17, in force from 01.01.2018, amend. - SG 102/18, in force from 01.01.2019) Beyond the cases under Para. 1, pension for disability and/or the supplement for someone else’s assistance shall be released from the date of submission by the person of a declaration to the Territorial Expert Medical Commission (TEMC), but not earlier than the date of disability, respectively - from the date of determination of the need for assistance, if needed documents for pensioning have been submitted to the territory unit of the National Social Security Institute within one month from expiration of the eppeal deadline of the expert decision of TELK or the National Expert Medical Commission (NEMC) in respect of the entitled person.

 

(4)   (New – SG, 99/17, in force from 01.01.2018) Inheritance pension or supplement under Art. 84 shall be granted form the date, following the date of termination of the pension of the diseased, where the application is submitted within 2-month term form the date of the death of the diseased.

 

(5)    (new - SG 102/18, in force from 01.01.2019) The pension under Art. 68, Para. 4 shall be granted from the date of reaching the age under Art. 68, Para. 3, but not earlier than the date of submission of the application.

 

 

Suspension of the pension

 

Art. 95. (1) (Prev. text of Art. 95 – SG 99/09, in force from 01.01.2010) The pension shall be suspended:

 

1.   at request by the person;

 

2.   (Repealed – SG, 99/17, in force from 01.01.2018)

 

3.   when the pensioner has not received his pension for more than 6 months;

 

4.   (Suppl. – SG, 99/17, in force from 01.01.2018) when its payment is not due on the grounds of art. 101and is the more unfavorable in the amount;

 

5.    (new - SG 61/15, in force from 01.01.2016) when the pensioner fails to comply with the instructions of the bodies of the expertise of the ability to work in respect of the contraindicated labour conditions.

 

(2) (new – SG 99/09, in force from 01.01.2010; amend. – SG 107/14, in force from 01.01.2015) The official in charge of pension insurance management at the territorial directorate of the National Social Security Institute may issue an order for suspension of the pension if there is any evidence of circumstances which may lead to its termination according to Art. 96, para 1. The order shall be issued within 14 days from providing the evidence. If it turns out that there are no grounds for termination of the pension, itshall be resumed from the date of suspension.


Termination of the pension

 

Art. 96. (1) The pension shall be terminated when:

 

1.   the pensioner has deceased;

 

2.   (suppl. – SG 98/16, in force from 01.01.2017) the child reaches the age until which inheritance or individual pension could be given to him, or is adopted;

 

3.   the survived spouse who is receiving inheritance pension marries;

 

4.   the grounds for receiving it fall away;

 

5.    (new – SG, 99/17, in force form 01.01.2018) where the pensioner fails to appear for re-certification by the bodies of the expertise of the workability, after he has been summoned officially.

 

(2) (Amend. - SG 102/18, in force from 01.01.2019) In the cases of item 1 of para 1, the pension shall be terminated from the end of the month during which the pensioner has deceased, and of items 2 - 5 - from the date on which has occurred the ground for termination.

 

(3) (New - SG 102/18, in force from 01.01.2019) The pension under Art. 68, Para. 4 shall be terminated as of the date of its granting, when granting a pension for service and age on other grounds under this Code.

 

 

 

Resuming and restoration of the pension

 

Art. 97. (1) The suspended pension shall be resumed and the terminated one shall be restored with a written application by the pensioner when the ground for suspension or termination fall away.

 

(2)     The pension shall be resumed or restored from the day of falling away the ground for suspension or termination - if the application is submitted in 3 years term after this date, or from submitting it - when the term is missed.

 

(3)   (suppl. – SG 99/09, in force from 01.01.2010, amend. – SG, 99/17, in force from 01.01.2018) The pension suspended pursuant to art. 96, para 1, item 5 shall be resumed from the day of its termination, if it is found that the pensioner has not appeared for re-certification due to good reasons.

 

 

 

Procedure for granting and amending of pensions

 

Art. 98. (1) (amend., SG 64/00; amend. – SG 99/09, in force from 01.01.2010) The pensions and the additions to them shall be given, changed, updated, suspended, resumed, terminated and restored with an order, issued by:

 

1.    (suppl. – SG 99/19, in force from 01.01.2020) the official to whom has been assigned the management of the pension insurance at the territorial division of the National Social Security Institute or other officials appointed by the head of the territorial division of the National Social Security Institute. The order shall be issued within 4 months from submission of the application or from receipt of the necessary documents and / or data as provided for in the ordinance under Art. 106. In the case of application of an international treaty, to which the Republic of Bulgaria is a party, or of the European regulations for the coordination of social security systems, the order shall be issued within one month of receipt of all necessary documents and data;

 

2.   (suppl. – SG 100/10, in force from 01.01.2011, suppl. - SG 102/18, in force from 01.01.2019, suppl. – SG 99/19, in force from 01.01.2020) the official at the National Social Security Institute assigned to whom is the management of the activity on granting and payment of the pensions according to international agreements and European regulations on the coordination of social security systems as regards to persons whose permanent address is abroad or other officials appointed by the manager of the National Social Security Institute. The order shall be issued within one month from receipt of all necessary documents and data.

 

(2) (amend. - SG 105/05, in force from 01.01.2006; amend. – SG 99/09, in force from 01.01.2010;


amend. – SG 107/14, in force from 01.01.2015, amend. – SG 98/16, in force from 01.01.2017, amend. and suppl. – SG, 99/17, in force from 01.01.2018, amend. - SG 102/18, in force from 01.01.2019) The officials under para 1 shall also issue orders for restoration of unreasonable paid sums for pensions. The due sums of the orders shall be collected via deductions from the pension as per Art. 114a, Para. 3 or through the ways provided for in Art. 114, Para. 5.

 

(3)   The obvious factual mistakes in the orders of para 1 and 2 shall be corrected by the body that has made them. The correction shall have effect from the day when the pension is given, changed, updated, suspended, resumed, terminated or restored.

 

(4)   (new – SG 112/2004) The decisions per Para 1 regarding the pensions for disability and the addition for other’s help shall be issued on the base of a decision of a medical commission to the territory unit of the National Social Security Institute. The medical commission shall consist of a chairman and two members, who shell be appointed by the manager of the territory unit of the National Social Security Institute.

 

(5)   (new - SG 112/2004; amend. – SG 41/09, in force from 02.06.2009; amend. – SG 59/10, in force from 01.01.2012; amend. – SG 107/14, in force from 01.01.2015) The decisions of the medical commission shall be issued in a 14-days term form the receipt from the regional card index of medical specialists' report on expert decisions designating 50 or more percent permanently reduced ability to work after consideration of the medical documentation certifying the current health status of the person, of the decisions of TELK and NELK for determination of the extend of the permanently reduced ability to work/type and degree of inability, the causal relationship, date of disability, time period of disability and of outside help.

 

(6)   (new – SG 112/04, in force from 01.01.2005; amend. – SG 99/09, in force from 01.01.2010; amend. – SG 59/10, in force from 01.01.2012; amend. – SG 107/14, in force from 01.01.2015) In case the medical commission decides that the expert decisions of TELK and NELK are irregular, the chairman shall submit a complaint against the decisions of TELK and NELK to the bodies of the medical expertise within 14 days from the date of their receipt at the respective territorial unit of the National Social Security Institute. The complaint against decisions of TELK shall be submitted to NELK, and complaint against decisions of NELK – before the competent administrative court pursuant to the Administrative-Procedure Code.

 

(7)   (new – SG 112/2004; amend. – SG 41/09, in force from 02.06.2009; amend. – SG 99/09, in force from 01.01.2010; amend. – SG 40/12) If the decision of TELK or NELK is appealed by the chairman of the medical commission or pursuant to the provisions of Art. 112 of the Health Act, a pension for disability in the amount of the social pension for age shall be granted, renewed and restored till the entry into force of the decision of NELK, respectively – of the court, regarding the appealed decision.

 

(8)    (new – SG 41/09, in force from 02.06.2009; amend. – SG 99/09, in force from 01.01.2010; amend. – SG 107/14, in force from 01.01.2015) After entering into force of the decision under par. 7, the pension shall be allocated in the actual amount as from the date of the acquisition of the right, respectively the date on which it is renewed or restored, provided that the person has been granted a percentage of permanently reduced inability to work 50 and more than 50 per cent, while social disability pension shall be determined in the amount of Art. 90a, para 2 at a fixed percentage of permanent disability more than 71 percent.

 

(9)   (new – SG 99/09, in force from 01.01.2010) Additional benefits to pensions under para 7 shall not be paid pursuant to this Code and other legislation acts.

 

(10)   (new – SG 99/09, in force from 01.01.2010) The pensions under para 7 may not be received together with other kind of pension.

 

 

 

Changing or revoking the order

 

Art. 99. (1) (amend. – SG 100/10, in force from 01.01.2011, amend. – SG 98/16, in force from


01.01.2017) The order set out in Art. 98, which has entered into force, can be amended or revoked by the body that has issued it:

 

1. at the pensioner's request when he/she presents new evidence about

 

a)    (amend. – SG, 99/17, in force from 01.01.2018) insurance service and/or insurance income earned before retirement, beyond the cases under Art. 70, para. 17;

 

b)   civil state;

 

2. upon the initiative of the authority - when it is established that:

 

a)    the pension is given on the basis of untrue or falsified document or document with untrue

 

contents;

 

b)  the disability, for which the pension is given, has been caused intentionally by the person or as a result of an intended crime committed by him;

 

c)   the death of the grantor by whom the pension is received has been caused intentionally by the heir or is a result of an intended crime committed by him;

 

d)  the pension has been given incorrectly or it has been incorrectly refused to be given;

 

e)   the pension has been determined at an incorrect extent.

 

(2)   In the cases of para 1, the order shall be changed or revoked: 1. for item 1 - from the date the evidence is presented;

 

2. (amend. – SG 98/16, in force from 01.01.2017) for items 2 - from the date the pension is given or

 

changed, and at incorrect refusal - from the date of art. 94.

 

(3)   (new – SG 100/10, in force from 01.01.2011) In those cases where new pieces of evidence in relation to the pensionable service, insurable income, civil status, etc. are presented during the term for appealing the order, the latter shall be repealed or amended as of the date of granting, amendment or refusal of the pension.

 

 

 

Updating of pensions

 

Art. 100. (1) (Amend., SG 41/01, amend. SG 112/2004; amend. - SG 104/05, in force from 27.12.2005; amend. – SG 105/06, in force from 01.01.2007; amend. – SG 100/11, in force from 01.01.2012; amend. – SG 106/13, in force from 01.01.2014; Prev. text of Art. 100 – SG 107/14, in force from 01.01.2015) The pensions granted by December 31 of the preceding year shall be updated annually from July 1 by a decision of the supervisory council of the National Social Security Institute by a percentage equal to the sum of 50 percent of the increase of insurance income and 50 percent of the index of the consumers prices for the preceding calendar year.

 

(2)   (new – SG 107/14, in force from 01.01.2015) In case the percentage under para. 1 is a negative number, pensions shall not be updated.

 

 

 

Receiving more than one pension

 

Art. 101. (1) It shall not be possible to be received simultaneously the following pensions:

 

1.    personal pension for pensionable service and age with inheritance pension for pensionable service and age;

 

2.   personal or inheritance pension for pensionable service and age with personal or inheritance pension for disability due to general disease;

 

3.   personal payment for disability due to a general disease with inheritance pension for disability due to general disease.

 

4.   (new - SG 64, in force from August 1, 2000; amend. – SG 100/10, in force from 01.01.2013; amend. – SG 60/11, in force from 05.08.2011; amend. – SG 89/12, in force from 01.01.2013; revoked – SG 99/12, in force from 01.01.2013)


4a. (new – SG 99/12, in force from 01.01.2013; suppl. – SG 107/14, in force from 01.01.2015; suppl. - SG 98/15, in force from 01.01.2016) a social pension for old age, social disability pension and a personal pension with another type pension, including a pension granted in another country.

 

5.  (new - SG 98/16, in force from 01.01.2017) inheritance pension for insurance service and age or inheritance disability pension due to general illness with an inheritance pension of the same kind;

 

(2) When the person has right to more than one personal pension for disability for different diseases, the biggest extent shall be determined.

 

(3) (suppl., SG 64/00 - in force from August 1, 2000; amend. – SG 100/10, in force from 01.01.2013; amend. – SG 60/11, in force from 05.08.2011; revoked – SG 99/12, in force from 01.01.2013)

 

(3a) (new – SG 99/12, in force from 01.01.2013; amend. – SG 107/14, in force from 01.01.2015) In cases of right to more than one pension shall be received by choice one of the pensions in full extent and 50 percent of the others.

 

(4) (Amend. – SG 99/19, in force from 01.01.2020) The military disabled at turning the age of Art. 68, Para. 1 shall receive the full extent of the two pensions determined for them - pension for military disability and pension for pensionable service and age.

 

(5) At giving inheritance pension to heirs of a military disabled who has received or has had right to both the pensions of para 4 in full extent, as base shall be taken the full extent of both the pensions.

 

(6) (new – SG 1/02) The parents cannot receive simultaneously personal and inheritance pension, except in the cases of para 7.

 

(7) (prev. (6) – SG 1/02, suppl. - SG 53/18) The parents of the persons deceased during conscript military service and of the servicemen who died in the performance of military service in operations and missions outside the country shall receive in full extent their personal pension and the pension given under art. 82, para 4.

 

 

 

Re-calculation of pensions

 

Art. 102. (amend., SG 64/00) (1) (amend. SG 1/02, amend. – SG 98/16, in force from 01.01.2017, suppl. - SG 102/18, in force from 01.01.2019) The persons to whom has been given pension for pensionable service and age, for disability due to general disease and for disability due to labour accident or for professional disease may request, but no more than once in a calendar year, recalculation of the pension for acquired pensionable service after retirement or for acquired pensionable service and insurable income after retirement, if this is more favorable for them. The re-calculation shall be implemented by the order of art. 70, respectively art. 75 - 77 starting on the first day of the month following the month of submission of the application.

 

(2)   (new - SG 104/05, in force from 27.12.2005, suppl. – SG, 99/17, in force from 01.01.2018) Upon re-calculation under Para 1 shall be taken in view the average monthly insurable income for the country foe 12 calendar months before the month before the month of the first release of a pension, after which the received amount shall be up-dated, recalculated and indexed according to the normative provision, in force after the date of granting the pension.

 

(3)   (prev. text of Para 2 - SG 104/05, in force from 27.12.2005, revoked – SG 98/16, in force from 01.01.2017; new - SG 102/18, in force from 01.01.2019) The person may file an application in a form approved by the Director of the National Social Security Institute, requesting his pension to be officially recalculated pursuant to Para. 1. The recalculation shall be carried out once a year in an order determined by the ordinance under Art. 106, on the basis of the available data under Art. 5, Para. 4, item 1, and for self-insured persons - on the basis of the paid insurance contributions for the periods after retirement, respectively - after the last recalculation of the pension.

 

(4)   (new - SG 104/05, in force from 27.12.2005; amend. – SG 99/09, in force from 01.01.2010) For the pensions releases before the 1st of January 2000, upon re-calculation shall be taken in view the average monthly insurable income for the county for the year 2007.


(5)     (new – SG 100/10, in force from 01.01.2011) Upon re-calculation of the pension the pensionable service after December the 31st 2010 shall not be transformed pursuant to Art. 104.

 

(6)   (new - SG 61/15, in force from 01.01.2016, amend. – SG, 99/17, in force from 01.01.2018) Upon re-calculation of the pensions under Art. 68a the amount of their reduction under Art. 70, Para 14 shall not be changed.

 

 

 

Addition for somebody's help

 

Art. 103. (amend. – SG 41/09, in force from 02.06.2009) The pensioners with permanently reduced ability to work/ type and degree of inability over 90 percent who permanently need help by somebody, shall receive addition to the pension determined for them in extent of 75 percent of the social pension for age.

 

 

 

Categories of labour

 

Art. 104. (1) The Council of Ministers shall determine which labour to which category is referred according to the character and the specific conditions of the labour.

 

(2)     (amend. SG 1/02; amend., SG 67/03) At retirement for pensionable service and age the pensionable service shall be transformed three years of first category or four years of second category being considered five years of third category.

 

(3)   (amend., SG 64/00) For the workers, engineering and technical specialists and managers up to chief of sector including hired in underground pits, in the underground geological prospecting and hydro-technical sites, in tunnel and underground mining construction one year of first category pensionable service shall be considered as three years pensionable service of third category.

 

(4)   The pensionable service of the persons of art. 69 shall be transformed three years of the actually served time being considered as five years pensionable service of third category.

 

(5)   For the persons of art. 69 of the flying personnel, the crews of the submarine vessels and the divers one year actually served year shall be considered as three years pensionable service of third category.

 

(6)    (amend. - SG 82/06) For the persons of art. 69 of the flying personnel of the engine driven propeller aircraft, the parachutists, those serving in the guarding groups at the border police regions and the border posts on the ships one year of actually served time shall be considered as two years pensionable service of third category.

 

(7)   (amend. – SG 35/09, in force from 12.05.2009) As regards to persons referred to in Art. 69, participating in high-risk operations and missions outside the territory of the state, combat activities and in war time activities, one year of actually served time shall be considered as three years pensionable service of third category.

 

(8)    (new – SG 35/09, in force from 12.05.2009) As regards to persons referred to in Art. 69, participating in low-risk operations and missions outside the territory of the state, one year of actually served time shall be considered as two years pensionable service of third category.

 

(9)   (new – SG 60/11, in force from 05.08.2011) The pensionable service of the persons covered by Art. 69a shall be transformed four years of the pensionable service holding the position of "ballerina, ballet dancer or dancer" at cultural organizations shall be considered as 5 years of pensionable service of third category.

 

(10)   (new – SG 99/12, in force from 01.01.2013, suppl. – SG 98/16, in force from 01.01.2017) The labour category and the activity under Art. 69 and 69a shall not be proved by witness testimony. To establish working conditions and those of the position taken, testimony of witnesses shall not be allowed when written evidence has not been not presented issued by the employer/insurer, with whom the work has been rendered, and during the length of work.