Despre posibilitatea acordãrii beneficiului punctajului suplimentar prevãzut pentru grupele I și II de muncã în situația în care persoana asiguratã beneficiazã de un stagiu de completare redus
About the possibility of awarding the benefit of the additional score provided for groups I and II in the situation of the insured person benefit from a low completion stage

Summary/Abstract: The review of the pension decision granting the old-age pension to a disabled insured person with the consequence of the decrease of his pension and the determination of a debit in his charge was due to the return of the County Pensions House on the valorisation of the working group II when calculating the pension, with the purpose of withdrawing the additional points awarded for the work done in Group II, as a result of the finding that, in the case of this person, a reduced contribution period was used due to his classification as a handicap.By Decision no. 42/2018, High Court of Cassation and Justice – The Law Enforcement Board decided that „in the interpretation and application of the provisions of Art. 169 para. (3) of the Law no. 263/2010 on the unitary pension system, as amended and supplemented [art. 78² line (2) of the Law no. 19/2000 on the public pension system and other social security rights, with the subsequent modifications and completions], the additional score regulated by art. 169 para. (1) of the Law no. 263/2010 [art. 78² line (1) of the Law no. 19/2000] can not be granted in the situation where the pensioner who has completed a preconditioning period in the conditions of handicap existing in the quality of an insured person benefits from a full reduced contribution period according to art. 58 of Law no. 263/2010 (Article 47 of Law No 19/2000)".

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