Cumulul beneficiilor acordate persoanelor cu handicap cu cele acordate pentru prestarea muncii în condiţii deosebite la stabilirea condiţiilor de pensionare pentru limită de vârstă

Rezumat

This study puts forward a critical analysis of the solution rendered by the High Court of Cassation and Justice in Decision no. 42/2018, by which it established that the additional scoring regulated under art. 169 Para (1) of Law no. 263/2010 on the unitary public pension system [art. 782 Para (1) of Law no. 19/2000 on the public pension system and other social security rights] cannot be granted in cases where the pensioner who has accrued contribution period, being disabled prior to acquiring the insured status, benefited from a full contribution period, diminished as per art. 58 of Law no. 263/2010 (art. 47 of Law no. 19/2000).
In our view, the solution delivered by the court is incorrect, as it denied the right of disabled persons to the aggregation of benefits regulated under the retirement legislation (i.e. diminished full contribution period and additional scoring) by ignoring both the purpose for which the legislator decided, since 2000, to grant these individuals the right to a diminished full contribution period, as well as the role of the concept of “full contribution period” in the framework of the pension legislation.