Magistrate’s pension update. Concurrent issue of several pension updating decisions in relation to the sequence of recalculations of the plaintiff's pension. Continuation of the employment relationship after the retirement decision has been issued

DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Abstract

The pension must be updated based on the succession of recalculations ordered during the period under review, substituting each of the respective recalculation decisions from the dates on which they took place and on the basis of which the pension calculation for each recalculation is retroactively recalculated. That institution therefore operates on the basis of the factors on the basis of which the plaintiff's social security relationship was initially established and subsequently implemented and cannot take as a reference any indicators other than those taken into account in determining the pension granted to the plaintiff during the period in question, namely seniority in the judiciary and the percentage increase granted under Article 82(3) of Law No 303/2004, as those elements are contained in the decision recalculating the pension which forms the basis of the service pension awarded to the plaintiff.