Dovedirea stagiului de cotizare şi a veniturilor corespunzând bazei de calcul a contribuţiei de asigurări sociale, altfel decât cu declaraţii nominale de asigurare, în sistemul public de pensii
Proving the contributory period and the income representing the basis of social security contribution, other than by nominal social security declarations, within the public pensions system

Summary/Abstract: Within the public pensions system, the contribution periods starting from 1 April 2001 and the income representing the basis of the corresponding monthly scores are grounded, as a general rule, according to article 10 paragraph 1 of Law no. 263/2010, on the content of the nominal social security declarations. For those cases when “the performance of employment or public office relations cannot be proven” in this manner, paragraph 2 of the same article allows the insured person to prove the corresponding contribution period, by other means of evidence. This exception, which at first sight appears to regard only the evidentiary regime of the contribution period and income, was differently received within case-law, as I illustrate at large in this article. The analysis of the selected court decisions reveals that, beyond a derogation in the line of evidence, article 10 paragraph 2 of Law no. 263/2010 enshrines a genuine exception from the principle of contributivity itself, to which the general rule of evidence provided by paragraph 1 of the same article is related. This research also sets the boundaries of the applicability of special provision of paragraph 2, in relation to paragraph 1. Article 8 paragraph 2 of the new Law regarding the public pensions system no. 127/2019, awaited to come into force on 1 September 2021, restrains the scope of application of this exception to the cases when the existence (and not anymore just the performance) of employment or public office relations cannot be proven by nominal social security declarations.

• Details
• Contents