ACCORDING TO THE HIGH COURT OF CASSATION AND JUSTICE DECISION NO. 1/2015, THE ART. 169 (6TH THESIS) FROM THE LAW NO. 263/2010 SHALL BE INTERPRETED AS ESTABLISHING THE FACT THAT PEOPLE WHO WORKED IN SPECIAL CONDITIONS AFTER THE 1ST OF APRIL 2001 AND WHO HAVE RETIRED BEFORE THE DATE THE PRESENT LAW HAS ENTERED INTO FORCE (THE 1ST OF JANUARY 2011) SHALL NOT BE ABLE TO BENEFIT FROM THE INCREASE BY 50% OF THE PENSION POINT.

The Law no. 263/2010 concerning the unitary system of public pensions regulates that people developing activities in particular conditions, in special conditions or in other work conditions can benefit from the increase of the monthly points, as following:
  • an increase by 25% for the periods in which they have developed activities from the second work group, according to the legislation in force before the 1st of April 2001, or in workplaces having particular conditions;
  • an increase by 50% for the periods in which they have developed activities from the first work group, according to the legislation in force before the 1st of April 2001, or in workplaces having special conditions;
  • an increase by 50% for the periods in which they have developed activities in workplaces having other work conditions.
Nevertheless, the Art.169 (6th thesis) from the Law no. 263/2010 specifies that only the increase by 25 % mentioned above for the periods realized in particular work conditions after the date of the 1st of April 2001 also applies to the persons who have retired before the entering into force of this Law.

Published in The Romanian Official Gazette no. 162 of the 9th of March 2015
The act has entered into force on the 9th of March 2015
Issuer: High Court of Cassation and Justice