CRITICISMS REGARDING THE LEGAL STATUS OF WORK GROUPS IN THE NEW PENSION LAW IN ROMANIA

Abstract

This paper brings to the fore a more detailed discussion of what work groups are and their implications in establishing the right to a pension for persons who meet the conditions set out in the legal provisions in force at the date on which the right to a pension arises. We consider this topic to be particularly important and topical because in Romania there are many pensioners who receive pensions and who, in many cases, turn to the competent courts, specifically the courts in the district where the pensioners who are plaintiffs are domiciled, in order to have the amounts that the territorial pension houses must pay as pensions correctly determined. Next, we will start with a series of activities that are considered to be in work groups I and II, and we will analyse a series of normative acts that regulate the method of calculating pensions according to work groups based on the date on which the right to a pension arises. We will also analyse some provisions of the new pension law, namely Law No. 360/2023, which concerns the method of granting pensions based on work, which we will also examine through the filter of constitutionality. Through examples from case law, we will highlight whether the courts have correctly determined the pension due to the retired claimants by applying the relevant regulatory provisions.