Practica judiciară neunitară. Modul de stabilire a stagiului complet de cotizare şi a vârstei standard de pensionare potrivit Legii nr. 263/2010
Non-unitary judicial practice. The manner the default retirement age and standard contribution period should be determined according to the Law no. 263/2010

Summary/Abstract: In the Romanian judicial practice there was the question of whether, according to the Law no. 263/2010, on public pension system, for the purpose of granting the pension rights, the default retirement age and standard contribution period, should be determined relating to the birth date of the insured person or relating to the date on which that person filled the request for pension, as they are different in each case and affect the right to pension or the amount of the pension. This legal issue has generated a non-unitary judicial practice, according to its two possible solutions. In this article are presented the legal issue and the arguments for the two opinions that have come in sight in the jurisprudence, accompanied by an author commentary.

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