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The New Pension Law. Law no. 360/2023 and the Implementing Rules of HG no. 181/2024
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Publisher: Editura Universitară
Author: Razvan Anghel, Gabriel Lefter
Edition: I
Pages: 472
Publisher year: 2024
ISBN: 978-606-28-1880-7
DOI: 10.5682/9786062818807
Product Code:
9786062818807
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The work aims to be a flexible tool, useful to practitioners but also accessible to any interested person, offering the essential and necessary elements for understanding the new regulation of pensions in the public system.
With an experience, each of almost 25 years as judges, of which almost 20 years in the settlement of social insurance disputes, the two authors highlight the new legislative solutions, correlated with the old regulation, trying to identify, through the prism of experience in the application of all normative acts that regulated pensions from the public system after the year 2000, which could be the problems of interpretation and application of these new regulations contained in Law no. 360/2023, proposing ways to solve them.
The authors' comments on the new legislative solutions are accompanied by notes and references to the decisions pronounced by the High Court of Cassation and Justice on appeal in the interest of the law and for the prior resolution of some legal issues that retain their applicability after the entry into force of the new law, solutions of principle of the Constitutional Court and of the eEuropean Court of Human Rights applicable in the new legislative context as well as jurisprudential solutions of the national courts that can also be taken into account in relation to the new regulation where the legislative solutions are preserved.
With an experience, each of almost 25 years as judges, of which almost 20 years in the settlement of social insurance disputes, the two authors highlight the new legislative solutions, correlated with the old regulation, trying to identify, through the prism of experience in the application of all normative acts that regulated pensions from the public system after the year 2000, which could be the problems of interpretation and application of these new regulations contained in Law no. 360/2023, proposing ways to solve them.
The authors' comments on the new legislative solutions are accompanied by notes and references to the decisions pronounced by the High Court of Cassation and Justice on appeal in the interest of the law and for the prior resolution of some legal issues that retain their applicability after the entry into force of the new law, solutions of principle of the Constitutional Court and of the eEuropean Court of Human Rights applicable in the new legislative context as well as jurisprudential solutions of the national courts that can also be taken into account in relation to the new regulation where the legislative solutions are preserved.
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The New Pension Law. Law no. 360/2023 and the Implementing Rules of HG no. 181/2024
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Edited and annotated by:
ANGHEL RAZVAN
Since 2000, he has worked as a judge in the Medgidia Court; since 2005 he worked as a judge in the Constanţa Court; since 2008 he has been active in the Constanţa Court of Appeal, also exercising the position of president of the Civil Section I of this court; both within the Constanţa Tribunal and the Constanța Court of Appeal, he was and is part of specialized court panels in the settlement of cases regarding social insurance and labor disputes; since 2007, he has worked as a trainer at the National School of Clerks and since 2008, he has been working as a trainer and expert within the National Institute of Magistracy, supporting seminars and professional training conferences for judges within the centralized and decentralized continuous training programs in the field labor law and social insurance; doctor of law at the Doctoral School of Law of the Faculty of Law of the University of Bucharest with a research topic in the field of labor law (working time and rest time); master in "Civil Law Institutions", "Business Law" and "Maritime Legislation" specializations; he is the author of 11 volumes and over 180 studies, articles and notes published in periodical publications indexed in international databases and in the volumes of scientific events, most of them in the field of labor law and social insurance.
GABRIEL LEFTER
Graduate of the National Institute of Magistracy; from 2001 he worked as a judge in the Medgidia, Harsova and Mangalia Courts; since 2007 he worked as a judge in the Constanta Court; since 2009 he has been active in the Constanta Court of Appeal, also exercising the function of president of this court; both in the Constanta Tribunal and in the Constanta Court of Appeal, he was and is part of specialized trial panels in resolving cases regarding social insurance and labor disputes; doctor of law at the Doctoral School of Law of the Faculty of Law of the University of Bucharest with a research topic in the field of civil procedural law (appeal); published several works in the field of civil procedural law.
ANGHEL RAZVAN
Since 2000, he has worked as a judge in the Medgidia Court; since 2005 he worked as a judge in the Constanţa Court; since 2008 he has been active in the Constanţa Court of Appeal, also exercising the position of president of the Civil Section I of this court; both within the Constanţa Tribunal and the Constanța Court of Appeal, he was and is part of specialized court panels in the settlement of cases regarding social insurance and labor disputes; since 2007, he has worked as a trainer at the National School of Clerks and since 2008, he has been working as a trainer and expert within the National Institute of Magistracy, supporting seminars and professional training conferences for judges within the centralized and decentralized continuous training programs in the field labor law and social insurance; doctor of law at the Doctoral School of Law of the Faculty of Law of the University of Bucharest with a research topic in the field of labor law (working time and rest time); master in "Civil Law Institutions", "Business Law" and "Maritime Legislation" specializations; he is the author of 11 volumes and over 180 studies, articles and notes published in periodical publications indexed in international databases and in the volumes of scientific events, most of them in the field of labor law and social insurance.
GABRIEL LEFTER
Graduate of the National Institute of Magistracy; from 2001 he worked as a judge in the Medgidia, Harsova and Mangalia Courts; since 2007 he worked as a judge in the Constanta Court; since 2009 he has been active in the Constanta Court of Appeal, also exercising the function of president of this court; both in the Constanta Tribunal and in the Constanta Court of Appeal, he was and is part of specialized trial panels in resolving cases regarding social insurance and labor disputes; doctor of law at the Doctoral School of Law of the Faculty of Law of the University of Bucharest with a research topic in the field of civil procedural law (appeal); published several works in the field of civil procedural law.
Title I. General provisions / 9
Title II. State social insurance budget / 40
Title III. Social insurance contribution / 43
Title IV. Social insurance benefits in the public pension system / 72
Chapter I. Pensions / 72
The first section. Old age pension / 73
The second section. Early retirement / 106
The third section. Disability pension / 109
The fourth section. Survivor's pension / 139
Chapter II. Calculation of pensions / 142
Chapter III. Establishment and payment of pensions / 156
Chapter IV. Other social security benefits / 206
Title V. National Public Pension House / 213
Chapter I. Organization of the National Public Pension House / 213
Chapter II. Attributions of CNPP and territorial pension houses / 216
Chapter III. Jurisdiction of social security / 219
Title VI. Transitional and final provisions / 224
Chapter I. Transitional provisions / 224
Chapter II. Final provisions / 269
Appendices / 293
Norms for the application of Law no. 360/2023 on the public pension system (H.G. no. 181/2024) / 355
Chapter I. Social insurance contract, nominal insurance declaration and individual insurance declaration / 357
Chapter II. Contribution period in the public pension system / 365
Chapter III. Pensions from the public pension system / 368
A. Old-age pension / 368
B. Early retirement / 378
C. Disability pension / 380
D. Survivor's pension / 383
E. Calculation of pensions / 384
F. Establishment and payment of pensions / 388
Chapter IV. The procedure for inclusion in the degree of disability, the medical review and the appeal of the medical decision on work capacity / 395
A. The procedure for inclusion in the degree of disability / 395
B. Medical review / 401
C. Challenging the medical decision on work capacity / 405
Chapter V. Other social insurance benefits / 406
Chapter VI. Transitional provisions / 412
Chapter VII. Final provisions / 425
Appendices / 427
Title II. State social insurance budget / 40
Title III. Social insurance contribution / 43
Title IV. Social insurance benefits in the public pension system / 72
Chapter I. Pensions / 72
The first section. Old age pension / 73
The second section. Early retirement / 106
The third section. Disability pension / 109
The fourth section. Survivor's pension / 139
Chapter II. Calculation of pensions / 142
Chapter III. Establishment and payment of pensions / 156
Chapter IV. Other social security benefits / 206
Title V. National Public Pension House / 213
Chapter I. Organization of the National Public Pension House / 213
Chapter II. Attributions of CNPP and territorial pension houses / 216
Chapter III. Jurisdiction of social security / 219
Title VI. Transitional and final provisions / 224
Chapter I. Transitional provisions / 224
Chapter II. Final provisions / 269
Appendices / 293
Norms for the application of Law no. 360/2023 on the public pension system (H.G. no. 181/2024) / 355
Chapter I. Social insurance contract, nominal insurance declaration and individual insurance declaration / 357
Chapter II. Contribution period in the public pension system / 365
Chapter III. Pensions from the public pension system / 368
A. Old-age pension / 368
B. Early retirement / 378
C. Disability pension / 380
D. Survivor's pension / 383
E. Calculation of pensions / 384
F. Establishment and payment of pensions / 388
Chapter IV. The procedure for inclusion in the degree of disability, the medical review and the appeal of the medical decision on work capacity / 395
A. The procedure for inclusion in the degree of disability / 395
B. Medical review / 401
C. Challenging the medical decision on work capacity / 405
Chapter V. Other social insurance benefits / 406
Chapter VI. Transitional provisions / 412
Chapter VII. Final provisions / 425
Appendices / 427
The work aims to be a flexible tool, useful to practitioners but also accessible to any interested person, offering the essential and necessary elements for understanding the new regulation of pensions in the public system.
With an experience, each of almost 25 years as judges, of which almost 20 years in the settlement of social insurance disputes, the two authors highlight the new legislative solutions, correlated with the old regulation, trying to identify, through the prism of experience in the application of all normative acts that regulated pensions from the public system after the year 2000, which could be the problems of interpretation and application of these new regulations contained in Law no. 360/2023, proposing ways to solve them.
The authors' comments on the new legislative solutions are accompanied by notes and references to the decisions pronounced by the High Court of Cassation and Justice on appeal in the interest of the law and for the prior resolution of some legal issues that retain their applicability after the entry into force of the new law, solutions of principle of the Constitutional Court and of the eEuropean Court of Human Rights applicable in the new legislative context as well as jurisprudential solutions of the national courts that can also be taken into account in relation to the new regulation where the legislative solutions are preserved.
With an experience, each of almost 25 years as judges, of which almost 20 years in the settlement of social insurance disputes, the two authors highlight the new legislative solutions, correlated with the old regulation, trying to identify, through the prism of experience in the application of all normative acts that regulated pensions from the public system after the year 2000, which could be the problems of interpretation and application of these new regulations contained in Law no. 360/2023, proposing ways to solve them.
The authors' comments on the new legislative solutions are accompanied by notes and references to the decisions pronounced by the High Court of Cassation and Justice on appeal in the interest of the law and for the prior resolution of some legal issues that retain their applicability after the entry into force of the new law, solutions of principle of the Constitutional Court and of the eEuropean Court of Human Rights applicable in the new legislative context as well as jurisprudential solutions of the national courts that can also be taken into account in relation to the new regulation where the legislative solutions are preserved.
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