Military pensions ‘will no longer be recalculated’
The Government considers that the institutions of the defense system may continue recalculation of pensions. The High Court of Cassation and Justice has ruled that military pensions will no longer be recalculated.
Articol de Ionuţ Dragu, 22 Ianuarie 2011, 12:49
On Friday, the High Court of Cassation and Justice explained that military pensions will no longer be recalculated.
The magistrates consider that pensions are property rights.
The High Court of Cassation and Justice has stated that the decision applies to all retired military, police and prison system staff, not only to the parties involved in the trial.
According to the Contentious Administrative Law, the court may order the suspension of an administrative act until a decision is issued on the application for annulment of the same act.
The High Court of Cassation and Justice rejected through a final decision the government’s appeal against a decision of the Cluj Court of Appeal ordering the suspension of the Government Decision 735/2010 on military pension recalculation.
On December 6, 2010, the Court of Appeal upheld the suspension request submitted by 635 retired military people, suspending the effects of the government decision until the first instance court would issue a ruling on the application for annulment of that same act.
However, the applicants argued that many military people are physically unable to get the documents required for recalculation on time, which will give rise to discriminatory situations.
Translated by: Denisse-Meda Bucura
MA Student, MTTLC, University of Bucharest
