Decizie de debit pentru recuperarea sumelor încasate necuvenit cu titlul de prestaţie de asigurări sociale. Condiţiile de acordare a indemnizaţiei prevăzute de art. 4 alin. (4) din Legea nr. 341/2004

Debit decision for the recovery of the amounts undue collected as social security benefit. The conditions of granting the benefit provided for in art. 4 para. (4) of Law no. 341/2004

Abstract

The legislator’s failure to expressly state that the phrase of “salary" found in the provisions of Law no. 341/2004 is replaced with the phrase of “salary earnings" does not lead to a legislative gap.

The legal wording represents a reference rule, respectively a rule whose structure is supplemented with the provisions of the law on the state social security budget pertaining to the year in which the respective social security benefit is paid and the amendment of the content of the reference rule shall result in the amendment of the reference rule without the need of an express provision to this end.