Date of initiation of the pension right

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

The issues being divergent aim at the interpretation of the phrase „whose pension rights were opened between the 1st of January 2011 and the effective date of this law”. In the plaintiff’s opinion, the initiation time of the pension rights relate to the time of determination of the retirement pension right (April 2013). In the defendant’s opinion, the initiation time of the pension right is the time when the plaintiff was registered in the records of the insurance scheme by determining the invalidity pension (January 2010). The court considered that the plaintiff’s opinion is correct