The Chamber of Deputies voted on Wednesday, as a decision-making body, with 215 votes “for”, 3 “against” and 49 abstentions, the law prohibiting the cumulation of the pension with the salary, but with a list of exceptions, among which we mention: elected officials, doctors and assistants , priests but also those who work in autonomous authorities, such as BNR or ANCOM. The law goes to Klaus Iohannis for promulgation.
What does the project entail?
Prime Minister Marcel Ciolacu declared on Wednesday, after the adoption of the law on the prohibition of combining the pension with the state salary, that the parliamentarians must respect the Constitution, bring a “balance” in society, but also respect for those who have held certain positions.
The object of the draft law is to establish the possibility, for people who meet the retirement conditions and carry out their activity based on an individual employment contract, service report or based on the act of appointment within central and local public authorities and institutions, such as and within autonomous governments, national companies, national companies and commercial companies where the share capital is fully or majority owned by the state or an administrative-territorial unit, to choose between continuing the activity until reaching the age of 70, with the agreement the employer, and the termination of the employment relationship or the service relationship.
People who have the status of pensioners due to the age limit and continue their activity can opt at any time, upon request, for the resumption of pension payment and the termination of employment or service, as the case may be.
What are the exceptions to the law?
The Chamber of Deputies voted on Wednesday, as a decision-making body, with 215 votes “for”, 3 “against” and 49 abstentions, the law prohibiting the cumulation of the pension with the salary, but several categories are exempted.
Officials are allowed to accumulate their pension with their salary, as well as those from the BNR, ASF, ANCOM, ANRE, teachers, those employed hourly to take care of the elderly, children who have survivor’s pensions, doctors and assistants, priests and artists, members Romanian Academy.
The Labor Commission’s report also includes a series of exceptions regarding the prohibition of combining the pension with the salary for:
a) persons elected to positions of authority or public dignity, as well as those for whom the term of office is expressly established by the Constitution;
b) retired teaching staff, re-employed under the terms of the National Education Law no. 1/2011, with subsequent amendments and additions;
c) care staff hired by the hourly payment by the local authorities to ensure community services at the home of the elderly, according to art. 8 of the Social Assistance Law no. 292/2011, with subsequent amendments and additions;
d) persons from the public pension system and other social insurance rights who benefit from a survivor’s pension and third degree disability pension with the right to work;
e) specialized medical-sanitary personnel from health units, from medical-social assistance units and from public institutions/authorities;
f) personal assistants and professional personal assistants provided for by Law no. 448/2006 on the protection and promotion of the rights of persons with disabilities, republished, with subsequent amendments and additions;
g) maternal assistants provided for by Law no. 272/2004 on the protection and promotion of children’s rights, republished, with subsequent amendments and additions;
h) persons holding clerical positions or specialized artistic positions;
i) persons who benefit from copyright under the conditions of Law no. 8/1996 regarding copyright and related rights, republished, with subsequent amendments and additions;
j) members of the Romanian Academy.
Prime Minister Marcel Ciolacu’s reaction
The Prime Minister declared that in the situation where the Court finds that there are elements of unconstitutionality, the parliamentarians will have an extraordinary session in the summer, until August 31, so that all the benchmarks in the third request are met and it is submitted by 1 September.
“The milestone with the special pensions passed the Romanian Parliament today. With certainty, someone will be found to attack this law at the CCR. We will see the decision.
If it is necessary and the Court finds certain elements of unconstitutionality, I am firmly convinced and I have already discussed with my colleagues that we will have an extraordinary session in these months, until August 31 at the latest, so that all the milestones in the third request are met.
Now the third request is in a delay, instead, I have recovered a lot these days. In the coming period, between 10 and 14, the representatives of the Commission will also come to close certain aspects in targets and benchmarks, and I am convinced that together with my colleagues we will submit the third application by September 1. Moreover, the request for three is also related to the introduction of RepowerEU and the removal of the 2.1 billion in grants from the total amount”, said Marcel Ciolacu.
