Legal Framework
Law 360/2023 regulating the public pension system introduced several substantial changes to the social security sector. Among these is the introduction of the same retirement age for men and women, with some exceptions based on the number of children for women. Another significant change is the way pensions are calculated. In this regard, starting in September 2024, the pension amount will be determined by multiplying the total number of points accumulated by the insured person by the reference point value. Thus, the reference point value is the ratio between the pension point value prior to September 1, 2024, and the average level of contribution periods established by previous legislation, namely 25. Starting from September 1, 2024, the reference point value is 81 lei. All pensions established under the old provisions are recalculated based on Law no. 360/2023, and pensioners receive recalculation decisions.
Can the recalculation decision be contested?
With the entry into force of Law no. 360/2023, there is a possibility that some of the rights of already retired individuals may be violated. Thus, the pension amount established based on the calculation made according to previous legislation may be reduced. The interested person must file an appeal with the local Tribunal to verify the legality of the recalculation decision issued by the Pension Office. The appeal will include all factual and legal grounds for challenging the legality of the decision, and it may also be accompanied by supporting documents if necessary. If the recalculation decision is not contested within 45 days from the date of notification, it will be considered final.
If you need additional information, do not hesitate to contact us.
