Challenging the retirement decision in Romania – Law 360 of 2023
Law no. 360/2023 on the public pension system, which came into force on September 1, 2024, establishes a new legal framework for granting pensions as well as for challenging decisions issued by territorial pension offices. If an individual believes that their retirement decision is incorrect, unlawful, or that their rights have been affected, they can file an appeal before the competent court within 45 calendar days from the date of communication, as stipulated in Article 127(1) of the law.
Grounds for Challenging a Pension Decision in Romania
The most common reasons for contesting a pension decision include:
- Errors in the calculation of contribution periods – certain work periods, especially those abroad, may have been omitted.
- Incorrect calculation of the average annual score – leading to an unfair pension amount.
- Misclassification into a specific pension category – for example, wrongful denial of early retirement or special work conditions benefits.
- Exclusion of bonuses and other income – that should have been included in the pension calculation base.
- Lack of a clear explanation in the decision – preventing the beneficiary from understanding how the pension amount was determined.
How to Contest a Pension Decision in Romania
The appeal process involves filing a formal lawsuit that clearly states the factual and legal grounds for the contestation. The claim must include all identified irregularities and be supported by relevant documentation, such as:
- The contested pension decision;
- Work record book;
- Income certificates;
- Certificate of classification under special work conditions (if applicable).
The appeal must be submitted to the tribunal in the claimant’s place of residence, which has jurisdiction over such cases. If the tribunal’s ruling is unfavorable, the decision can be appealed to a higher court.
Why Legal Assistance is Essential
The appeal process can be complex, requiring:
- A thorough understanding of the applicable legislation;
- Correct interpretation of legal provisions;
- Strong legal arguments proving the pension office’s errors.
For these reasons, having a lawyer specializing in labor and social security law is crucial to ensuring proper representation and maximizing the chances of success. A lawyer from Blaj Law can:
- Analyze the pension office’s decision and supporting documents;
- Draft a well-structured and legally substantiated lawsuit;
- Represent you in court, defending your rights effectively.
Time Limits and the Importance of Timely Action
The right to contest a pension decision is guaranteed by Law no. 360/2023. However, compliance with the 45-day deadline from the date of communication is critical—failing to act within this timeframe may result in losing the opportunity to correct an unfair pension calculation.
The specialized pension law attorneys at Blaj Law provide legal consultancy and representation for individuals who believe that the decisions issued by territorial pension offices do not fully reflect the benefits to which they are entitled. We assist clients at every stage of the appeal process, ensuring they receive the pension rights they deserve.
