steps to appeal the recalculation decision

Foundation for the Defense of Citizens Against State Abuse (FACIAS) comes to the aid of pensioners who have been wronged by the recent recalculation of pensions by launching a guide containing the necessary steps to challenge the recalculation decision. It provides clear instructions and steps to apply for recalculation of pension according to legal procedures.

In the public space, numerous cases of pensioners were presented who stated that through the recalculation decisions they found that their pension was reduced or that the new calculation formula announced by the authorities was wrongly applied.

To meet them, but also in response to the many reports received, FACIAS has published a practical guide that helps pensioners to understand and make use of their rights.

The guide provides pensioners with information for preparing the necessary documents and how to submit the application.

Among the grievances most often reported by pensioners are: the amount of monthly income, contribution periods, special and special working conditions, as well as permanent increases.

How to request the recalculation of the pension from the County Pension House if it was not calculated correctly
Law no. 360/2023 provides for the possibility of recalculating pensions for retirees, according to Art. 94. Here are the steps you must follow:

Understand your right to recalculation

According to Art. 94 para. 1 of Law no. 360/2023, in the situation where, after the establishment and/or payment of pension rights, differences are found between the amounts established and/or paid and those legally due, the territorial pension house operates, ex officio or at the pensioner’s request, the changes impose, by review decision.

The situations in which you can request the recalculation of the pension:

WHEN THE SITUATIONS REGARDING THE AMOUNT OF MONTHLY INCOME, CONTRIBUTION PERIODS, ASSIMILATED PERIODS, PERIODS OF ACTIVITY CARRIED OUT IN SUPERIOR GROUPS, SEPARATE AND SPECIAL WORKING CONDITIONS, PERMANENT INCREASE, AS WELL AS ANY OTHER DOCUMENTS RELEVANT TO THE PENSION RECALCULATION.

a. The total monthly incomes achieved during: ______________.

In the situation where, in the calculation of the recalculation decision, the monthly incomes achieved in a certain period of time were not taken into account.

b. Contribution periods completed during: ______________.

In the situation where, in the calculation of the recalculation decision, the contribution periods in a certain period of time were not taken into account, or the contribution period was made after the date of registration for the pension.

c. The assimilated periods realized in the period: ______________.

In the situation where, during the calculation in the recalculation decision, the periods assimilated to the contribution periods in a certain period of time were not taken into account.

d. Periods of activity carried out in higher groups, special and special working conditions.

In the situation where, during the calculation in the recalculation decision, the work performed in higher groups, special and special working conditions was not taken into account.

e. Permanent increases granted during: ______________.

In the situation where, in the calculation of the recalculation decision, the permanent increases, granted in certain periods of time, were not taken into account.

f. Any other relevant documents for recalculating the pension______________.

In the situation where you have any kind of document that was not taken into account in the calculation in the recalculation decision.

CORRECTION OF ANY CALCULATION ERRORS:

If there are errors in the calculation or previous recalculation of the pension, their verification and correction will be requested, in accordance with the applicable legal provisions.

Prepare the necessary documents

To request the recalculation of the pension, you will need to prepare the following documents:

• Model application for pension recalculation (APPENDIX no. 16 to the rules)
• Identity document – ​​A copy of the identity card is required to verify the identity of the applicant.
• Additional documents – Depending on the specific situation, other documents may be required, such as proof of income, documents proving contributions to the public pension system or other relevant documents supporting your application.
• Complete the type request
  • Fill out the application form carefully, making sure you include all the necessary information. This form will include personal data, information about the current pension and the reason why you are requesting the recalculation, according to the provisions of Art. 94 of Law no. 360/2023.

Submit the application to the County Pension House that issued the recalculation decision

The completed application and the necessary documents can be submitted in the following ways:

• At the headquarters of the pension house that issued the recalculation decision – You can go in person to the pension house you belong to to submit the application and the documents.
• By mail – The request can be sent by mail, accompanied by the necessary documents, to the address of the pension house that issued the recalculation decision
• By e-mail – the application can be submitted by e-mail, but this requires a qualified electronic signature.

Claim settlement

After submitting the application, it is resolved within 45 days from the date of registration, by decision. The 45-day deadline can be extended by 30 days in the event that additional documents and/or operations are required to resolve the request.

File an appeal (if applicable)

The decisions issued by the territorial pension houses can be challenged, within 45 days from the communication, to the competent court.

This guide gives you an overview of the necessary steps to request the recalculation of the pension according to Art. 94 of Law no. 360/2023. Make sure you follow each step carefully and submit all the necessary documents to facilitate the recalculation process.