Victory for pensioners: The National Pensions Office agrees with FACIAS and admits that the fees for the certificates of length of service are abusive
The Foundation For The Defense Of Citizens Against Citizens Against State Abuses (FACIAS) has achieved an important victory for pensioners, determining the National Pensions Office to recognize that the legal provision of Order No. 299/29.05.2023, which required pensioners to pay fees for the issuance of certificates of seniority in employment, is abusive.
In the period between June 2023 and July 2024, pensioners were compelled to pay exorbitant fees, reaching a maximum of 1,500 lei. This constituted a significant financial burden for many individuals, particularly given that a considerable proportion of pensioners receive a minimum monthly pension of just 1,283 lei.
FACIAS is fighting to annul this provision in court. In this procedure, it has filed a preliminary complaint to the National Pensions Office (CNPP), demonstrating the illegal and abusive nature of Order No. 299/29.05.2023, issued by CNPP, which obliges pensioners to pay substantial fees for the issuance of certificates of length of service.
FACIAS pointed out that this order is in direct contravention of Article 161(1) of Law No. 263/2010 on the unitary public pension system, which explicitly states that , which explicitly states that "applications for the issuance of documents necessary for the establishment and payment of pension rights are exempt from any fees and charges". At the same time, this order violates not only Law 263/2010, but also constitutional principles of social protection.
In the official response received by FACIAS, the institution admitted its lack of legal competence in issuing the order, but emphasized that it is currently unable to revoke it. "The CNPP no longer has the power to issue or revoke normative acts related to the regulation of fees for the issuance of certificates of length of service, this responsibility being transferred, through amendments to Law 16/1996, to the National Archives of Romania," stated CNPP's reply.
As of 25 July 2024, the National Archives of Romania has assumed responsibility for the issuance of certificates of length of service. In view of this change, FACIAS has requested that the Director General of the Archives, Dr. Cristian Anița, clarify the situation with urgency and take immediate action to protect the rights of pensioners. It is essential to abolish any abusive fees and to ensure that certificates of length of service are free of charge for pensioners.
In light of the legislative amendments and the considerable number of pensioners who have sought a recalculation of their pensions, it becomes imperative that this abusive provision be annulled in accordance with the provisions of Law No. 263/2010 on the unitary public pension system. This legislation provides for exemption from fees for the issuance of documents necessary for the establishment and recalculation of pension rights. It is of the utmost importance that pensioners be exempted from any obligation to pay fees for the issuance of these certificates.