Law no. 360/2023 provides for the possibility of recalculating pensions for the retired, according to Art. 94, here are the steps to follow:
Understand your right to recalculation:
In accordance with Article 94 para. 1 of Law no. 360/2023 stipulates that in the event of discrepancies between the amounts established and/or paid and the amounts legally due following the establishment and/or payment of pension rights, the territorial pension office shall, ex officio or at the request of the pensioner, make the necessary changes through the issuance of a revision decision.
When can you apply to have your pension recalculated?
- In the absence of an account that addresses the specifics of the monthly income, periods of contribution, periods treated as such, periods of activity in higher groups, special and exceptional working conditions, permanent bonuses, and any other pertinent documentation for recalculation of the pension, the aforementioned details must be taken into account.
a. Total monthly income realized during the period: ______________.
If the monthly income earned over a certain period of time has not been taken into account in the recalculation decision.
b. Periods of insurance completed during the period: ______________.
If the decision on recalculation does not take into account the periods of contribution within a certain period of time, or if the period of contribution was completed after the date of pension enrollment.
c. Assimilated periods completed in the period: ______________.
If the decision on recalculation does not take into account periods assimilated to periods of contribution within a certain time period.
d. Periods of service in higher groups, special and exceptional working conditions.
If, in the decision on the recalculation, the work performed in higher groups, special and special working conditions has not been taken into account.
e. Permanent bonuses granted in the period: ______________.
If, in the decision on recalculation, the permanent bonuses granted in certain periods of time have not been taken into account.
f. Any other relevant documents for pension recalculation ______________.
If you have any documents that were not taken into account in the recalculation decision.
- CORRECTION OF POSSIBLE CALCULATION ERRORS:
If there are errors in the previous calculation or recalculation of the pension, verification and correction will be requested in accordance with the applicable legal provisions.
Prepare the necessary documents
To request a recalculation of your pension, you will need to prepare the following documents:
- Model application for recalculation of pension (ANNEX no. 16 to the rules) - Application for recalculation of pension
- Identity document - A copy of the identity card is required to verify the applicant's identity.
- Additional documents - Depending on the specific situation, other documents may be required, such as income statements, documents proving contributions to the public pension system or other relevant documents supporting your application.
Complete the standard application
It is imperative that the standard application is completed with the utmost care and attention to detail, ensuring the inclusion of all requisite information. This form will require the provision of personal data, details pertaining to the applicant's current pension, and the rationale behind the request for recalculation, as stipulated by Article 94 of Law 360/2023. The aforementioned legislation can be accessed here: Application for recalculation of pension
Apply to the County Pension House that issued the recalculation decision
The completed application and the necessary documents can be submitted in the following ways:
- At the office of the pension office that issued the recalculation decision - You can go in person to your pension office to submit your application and documents.
- By post - The application can be sent by post, together with the necessary documents, to the address of the pension office that issued the recalculation decision
- By e-mail - the application can be sent by e-mail, but this requires a qualified electronic signature.
Settlement of the application
Once the application has been submitted, a decision is taken within 45 days of the date of registration. The 45-day period may be extended by 30 days if additional documents and/or operations are necessary for the processing of the application.
Lodge an appeal (if applicable)
Decisions issued by the territorial pension offices can be appealed to the competent court within 45 days of notification.
This guide gives you an overview of the steps you need to take to apply for recalculation of your pension under Art. 94 of Law 360/2023. Make sure you follow each step carefully and submit all the necessary documents to facilitate the recalculation process.