Analiză critică a cadrului juridic privind plata pensiilor private, reglementat prin Legea nr. 2/2026
Critical analysis of the legal framework regarding private pension payments regulated by Law no. 2/2026

Summary/Abstract: Currently, in Romania, privately administered pensions, private pensions and occupational pensions system is implemented in national legislation by Law no. 411/2004 on privately administered pensions(Pillar II - Mandatory Private Pension), by Law no. 204/2006 on voluntary pensions (Pillar III - Voluntary Private Pension) and by Law no. 1/2020on occupational pensions, that exclusively regulates the accumulation phase, in which the participant pays contributions, accumulates assets in its personal account and receives only a single payment or staggered payments for a period of maximum five years, but only upon request and without a standardized mechanism. This system is also regulated by secondary legislation, through rules issued by the Financial Supervisory Authority (A.S.F.). According to the Law no. 2/2026 on payment of private pensions, the functioning of these funds will be established on a separation from the accumulation phase, and the participant which fulfils the retirement conditions will be able to choose for a payment fund without transfer fees and without penalties, selecting the desired contractor.

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