Pension for age limit. Review. Classification of the claim for revision. Limits of judicial revision of the pension

DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

Abstract

1. The exercise of the right to benefit from the revision of the pension depends on the formulation of a claim for revision at the pension fund, subject to Article 107 paragraph 1 of Law no. 263/2010, as well as the limits of that claim for revision. The claim for revision sent to the court, on matters which were not the subject of the claim for revision addressed to the pension fund, is groundless, as the right to benefit from revision can be exercised 
only on condition that a claim for revision is lodged with the pension fund, according to Article 107 paragraph 1 of Law no. 263/2010. 
2. It was the duty [of the pension fund] to legally classify that claim and to find that it was a claim for revision, since it was based on documents existing in the administrative file. 
3. Within the limits of the claim for revision submitted to the pension fund, given that it left it unresolved by failing to rule on it, the respondent is entitled to benefit from the substantive analysis of its claims, based on free access to justice, even if the decision creating the premises for the revision remained final since no appeal was filed within the term provided by law in this respect.