On Wednesday, the government passed a law on the reform of special pensions, which regulates and stipulates that no retirement pension can exceed the salary received during the active period.

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UPDATE 15:30 The bill has been adopted.

Minister of Labor Marius Budai:

• The law was adopted by the government taking into account the PNRR, as well as the decisions of the KKR
• It will be sent to the parliament for approval after the beginning of the parliamentary session on February 1
• The main directions are as follows: firstly, adjustments by reducing the costs of pensions and allowances established and paid on the basis of special laws – six categories of laws, two in the field of justice, sailors, the Chamber of Accounts, diplomats and, of course, military pensions
• The cost reduction will be achieved by adjusting the percentage of the settlement from 80 to 65% in most cases, except for magistrates who have the protection of the decision of the Constitutional Court.
• But there is also an adjustment due to the required length of service in the judicial system, purely in the judicial system, and the reduction of costs, so that all pensions will be transferred, and no pension will exceed the calculated income, after the approval of this project. and its publication in the Official Gazette and after the end of the six-month period required for the recalculation provided by law
• Not only the last month is taken into account, but also a period of 12 months if we are talking about magistrates in the last 10 years, and also from 6 to 12 months for the entire military system in the last five years. The age for awarding a pension for years of service and length of service has been increased. Thus, the length of service in the profession has increased to a minimum of 15 years, and for the justice system – a minimum of 25 years without combined periods.
• Thus, judges, prosecutors, judges of the Constitutional Court, assistant magistrates of the High Court of Cassation and Justice and the Constitutional Court and specialists in legal matters are equal to judges and prosecutors, regardless of age, but who have at least 25 years of experience in these positions only, they can retire at will and receive a retirement pension of 80% of the calculation base, but the amount of the net pension cannot exceed 100% of the average net income related to the calculation. base
• Judges, prosecutors, judges of the Constitutional Court, assistant magistrates of the High Court of Cassation and the Constitutional Court, as well as specialists in legal matters, who are equivalent to judges and prosecutors with 20 to 25 years of experience in these positions only. At the same time, the amount of the pension is reduced by 1% of the accrual basis for each year that is not enough to complete 25 years of service. In addition, the size of the net pension cannot exceed the average value of net incomes related to the reduced calculation base
• Amounts received in the form of bonuses, bonuses, settlements, return of rights to wages related to another period, per diems and any other rights that are not of a permanent nature are not included in the basis for the assignment of a pension for years of service.
• The pensions of judges for years of service, which are currently paid, will be transferred according to the new rules within 6 months from the date of entry into force of the new law.
• Within 60 days from the date of entry into force of the law, persons who are entitled to a long-service pension must submit an application to the employer to select a base for calculating the pension, i.e. a period of 12 consecutive months from the last 10 years of activity to the date of retirement. If the beneficiary does not submit a request to choose the basis of calculation, the employer sets the basis of calculation for the last 12 months of activity
• To the special auxiliary staff of courts and prosecutor’s offices attached to them, forensic expert staff and persons holding the positions of auxiliary forensic specialists, as well as forensic technicians of prosecutor’s offices, who have at least 25 years of experience. years in the profession, after reaching the age of 60, they can receive a retirement pension in the amount of 65% of the calculation base represented by the average basic total monthly salary, including permanent increases corresponding to the last 12 months of activity before the month of submitting the application for retirement
• The adopted law also makes changes regarding persons who performed the functions of an external state auditor with at least 15 years of experience in the Accounting Chamber. After reaching the generally accepted retirement age, they receive a pension for years of service in the amount of 65% of the calculation base, represented by the average gross monthly income of a permanent nature, which corresponds to the last 12 months of activity preceding the month of submission of the application for retirement.
• The income, which is the basis for calculating the retirement pension, does not take into account the 50% increase in risk and nervous and mental overload, as well as the increase up to 75% of the basic salary won in court.
• External state auditors who, at the time of application, are old-age pensioners in the state pension system, also enjoy a seniority pension. And in this case, the amount of pension for years of service is 65% of the accrual basis
• The regulatory act also provides for changes to the legislative framework regarding members of the diplomatic and consular corps of Romania who have at least 15 years of service in the Ministry of Foreign Affairs, as well as personnel appointed to perform certain executive functions. The seniority pension is 65% of the average monthly basic salary in lei and all allowances and permanent increases established for the benefit of the beneficiary during the last 12 months of work in the central office of the Ministry of Foreign Affairs until the date of retirement. The same principle applies to ambassadors, only in this situation the calculation of allowances and allowances, established in the percentage formula, is related to the ambassador’s basic salary
• In the case of professional civil aviation flight personnel, the law established that pilots, aircraft instructor pilots from the School of Civil Aviation, flight attendants/crew members with a crew member licence/certificate, parachutists and inspectors. flight personnel receive a seniority pension if they are at least 52 years old and have at least 20 years of experience as a professional civil aviation navigator. This occupational category is entitled to a retirement pension in the amount of 65% of the average total income achieved in the last 12 months of activity before the month of submitting the application for retirement.
• And parliamentary civil servants with 30 years of contribution experience, of which at least 15 years in the structures of the Parliament, can receive a pension for years of service in the amount of 65% of the calculation base, represented by the average gross income achieved in the last year. 12 months before the date of retirement. It cannot be higher than the level of basic pay including allowances and management allowance and merit pay for the last 12 months before the date of retirement
• For the determination of public military pensions, the basis for calculation is the average monthly gross residual/salary earned in the main position for 12 consecutive months, of your choice, during the last 5 years of military/police/public service. an employee with a special status, updated on the date of the opening of pension rights, without taking into account allowances, per diems or other similar rights
• Within 60 days from the date of entry into force, adopted by the executive body, the bodies will update the methodical rules for the application of the legislation on pension provision for years of service.
• The project has no problems of unconstitutionality
• European legislation was also taken into account when developing the project
• Can we expect a wave of judicial resignations? I believe that one of the main concerns was not to unbalance the institutions of the state
• There was a lot of public discussion. According to the system, the number of those who want to retire has decreased
• If the law is attacked in the CCR and declared unconstitutional, will Romania lose money from the PNRR? There is no danger. We will see what will happen, we will see the motivation so that the PNRR is not exposed to risk
• Military pensions will become the subject of another regulatory act

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In particular, the draft amends the law on the status of judges and prosecutors, the law on the status of auxiliary personnel in courts, the law on the Accounting Chamber, the law on the diplomatic corps, the law on aviation personnel, and the parliamentary civil service law.

Thus, magistrates will be able to retire at will after serving at least 25 years. Their pension will be calculated at the rate of 80% of the calculation base, represented by the average gross amount of the monthly cash benefit and permanent increases associated with any 12 consecutive months in the last 10 years of activity.

• Article 211 part 1. Judges, prosecutors, judges of the Constitutional Court, assistant magistrates of the High Court of Cassation and Justice and the Constitutional Court and specialists in legal matters, equal to judges and prosecutors, regardless of age, with at least 25 years of experience only in these positions or can they retire at will and receive a retirement pension of 80% of the calculation base represented by the average of the monthly gross employment allowances and permanent allowances associated with any 12 consecutive months in the last 10 years of employment.
• Article 211. Paragraph 2. The Chairman of the High Court of Cassation and Justice, the Prosecutor General of the Prosecutor’s Office at the High Court of Cassation and Justice, the chief prosecutor of the Office for the Investigation of Organized Crime and Terrorism, the chief prosecutor of the National Anti-Corruption Directorate, as well as elected members of the High Council of Magistrates may receive full mandate pension for years of service in the amount established in paragraph 1.

It should be noted that the retirement age is increased to 65, given that the law now provides for 60 years for magistrates.

• READ THE DRAFT LAW ON SPECIAL PENSIONS – FINAL VERSION HERE

At the same time, judges’ pensions will be recalculated in such a way that none of them exceed the average income for 12 consecutive months of activity, according to the special pensions amendment law.

“Within 6 months from the date of entry into force of this law, pensions for years of service, established on the basis of decisions on the appointment of pensions, issued before the entry into force of this law, are recalculated using the calculation formula provided for in Art. 211 of Law No. 303/2022 on the Statute of Judges and Prosecutors, considering that the conditions for awarding a retirement pension have been met and taking into account the length of service used to establish or, depending on the circumstances, the last recalculation of pension rights,” the document states.

In the case of military and police pensions, the basis of calculation used to determine the state military pension is the average gross monthly balance/salary earned in the main position for 12 consecutive months during the last 5 years of military service. /policeman/public servant with special status, renewed on the date of opening of pension rights.

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