31. Contestație decizie de pensie. Actualizarea bazei de calcul a pensiei militare prin raportare la componentele salariale de care pensionarul a beneficiat în perioada de referință
31. Challenge against the pension decision. Update of the calculation base of the military pension by reference to the salary components which the retiree benefited from during the reference period

Summary/Abstract: Art. 109 of Law no. 223/2015 provides for two benchmarks for the recalculation of the State military pensions, respectively the length of service capitalized in the last pension decision and the calculation base established according to art. 28 of the law, discounted according to the legal provisions governing the remuneration of the military personnel, police officers and public officials with a special status upon the effective date of that law. Art. 28 para. (1) of Law no. 223/2015 expressly refers to the gross average monthly pays/salaries paid for the basic position. Considering the concept of the law to use the pays/salaries achieved as a calculation base, but also the change of the salary structure over time, order no. 31/M.25/999/8148/237/259/221/2016, detailing the procedure of recalculation of the state military pension provided by Law no. 223/2015, set forth in art. 11 the salary elements which are covered by the discount procedure for the purpose of recalculating the State military pension. Moreover, the manner of regulation of art. 12 17 of the same Order shows that the discount aims at the elements described under art. 11. This last legislative text deals with the discounted calculation base, and not with the discount of the military pensions in relation to the variations in the salary of the military officer in service (increases, bonuses) with the same remuneration level. In relation to the legal provisions governing the procedure of recalculation of the State military pensions according to Law no. 223/2015, the calculation base considered upon establishment of the pension rights by the Sectorial House of Pensions is that communicated by the specialty structure which is liable for the way of drafting this statement and for the accuracy of the data communicated to the Sectorial House of Pensions which capitalized precisely the salary elements by the specialty structure, the capitalization of certain salary elements allegedly inconsistent with the reality cannot be imputed to it, since it does not have any duties related to the discount of the salary elements making up the calculation base.

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