Brief analysis of the practice of the courts, regarding the partial early pension and the benefit conferred according to Article 65 para. (5) of Law no. 263/2010

DEZBATERI

Abstract

The benefit of eliminating the penalty may only be established in the initial context of opening the rights of partial early pension, not at all during the conduct of a partial early retirement procedure which is joint with the penalty. This issue results from the rules of Article 107 para. (3) of Law no. 263/2010, governing the possibility of the recalculation of the pension by adding the income of the contribution programs which were not initially 
capitalized, as well as Article 67 of Law no. 263/2010, establishing that the removal of the reduction provided by Article 65 para. (4) applies upon fulfilment of the conditions for paying the pension for age limit. Therefore, the single variations of the partial early pension are the recalculation and its transformation into a pension for age limit, and the benefit provided for by art. 65 para. (5) can only apply if the entitled person requests the 
enforcement of the right to partial early pension without penalty not more than 2 years before reaching the standard age of retirement, and not at all after he/she has already benefited from the partial early pension with a penalty, according to common law.