Determination of the partial early retirement pension. Subsequent legislative amendments

DREPTUL MUNCII ŞI DREPTUL SECURITĂȚII SOCIALE

Abstract

Even if on the date of referral of the case to the court it had passed more than 2 years from the issue date of the decision of paying the partial early retirement pension, according to a law which, meanwhile, was amended in favour of retired people, and the plaintiff has not requested the putting to payment at this time either, this situation shall not lead to the application of penalty of annulment of that decision. The lawfulness of a pension-related decision could only be examined in relation to the applicable legal provisions upon its issue and through the elements which the issuing pension fund had at its disposal at that time, as the grounds for nullity could be previous or, no earlier than concurrently with the issue of the challenged deed, and not at all subsequent thereto. In the case where the beneficiary of the partial early retirement pension considered that the decision of partial early retirement was unfavourable, he or she was entitled to request for the annulment of the respective decision (without any legal relevance in this respect, whether it had been put or not to payment), however, under the terms and conditions provided for by law and which parties cannot derogate from.