Why the new law for the payment of private pensions could be declared unconstitutional. “If they did it in time, we would not have had this debate”

The new law for the payment of pensions in Pillar brings more problems, from misunderstandings to changes that could return the law to the RCC, even if it now passes a possible constitutionality control.

Photo inquam Photos / Octav Ganea

Currently, money can be withdrawn in a single tranche or staggered for 5 years. The law comes to establish the rules regarding the collection of these amounts almost 20 years since they should have already been established and solve the problem that would have been created if all the beneficiaries would withdraw their money at the same time. We are heading for “A tip of pregnancy in 2030, when hundreds of thousands of people will meet the conditions to retire”, Motivate the head of ASF, Alexandru Petrescu.

Opinions divided from coalition

However, the initiative has been in analysis for a long time, and its placement in the first reading in the executive meeting has caused several contradictory reactions. Even from PNL, criticisms were ran. Among others, the mayor of Sector 6, Ciprian Ciucu, states that “It takes a law to create the procedural framework“, For accession to the OECD, but”ASF did not proceed correctly. ASF had to initiate and make a series of public debates, not send this, tam-nisam, the law to the Government ”.

UDMR rejects the proposed measures. “The private pension is saving the citizen – which is why he can decide how he has the amount deposited. Neither the government nor the state institutions can establish rules in this regard.”transmits the head of the Union, Kelemen Hunor, specifying that there were no coalition consultations.

Opinions on private pensions are divided into USR. “The form that the Government sends to Parliament is one in accordance with the practice in European countries that have a much longer tradition in the Pillar II of pensions,” says Cristian Seidler, USR spokesman. “It is a violation of private property and the convention that was the basis of pillar 2 ”says the deputy Claudiu Năsui.

“Eliminating whole withdrawal and pushing to life rent derisory does not protect the” future of the pension “”points out the vice -president PSD Victoria Stoiciu, accusing that “The “sensitivity” of the Bolojan government in the private lobby becomes more visible “in the context in which the new provisions would protect the financial interest of the pension administrators. In fact, the PSD has a meeting of the National Political Bureau to analyze the situation in the coalition.

CCR filter and predictability for beneficiaries

Although the head of the ASF, Alexandru Petrescu, said in a conference at the Victoria Palace that the initiative has passed by the Legislative Council and has the CES opinion, there are unanswered questions and aspects that can represent a problem, not only for the beneficiaries, who have made plans, now wake up with new money withdrawal. Problems can also arise at constitutional control.

“Changes the rules during the game. I think there will be court actions ”explains the lawyer Bogdan Ionescu for “Adevărul”, and this could bring the provisions in the CCR analysis, even if in the first instance they would proceed with the constitutional control of priori, following a notification before promulgation. Among the aspects that could be reported are the differences compared to the previous years for the beneficiaries and the violation of the property right.

“The law enters into force and two days after the entry into force I am the age of retirement. I apply for the respective and I say>. They say>. Explains the lawyer Bogdan Ionescu. On this route, the aspects would reach the table of constitutional judges.

“You cannot come after 17 years to tell the man that he does not give him all the money at once”-Augustin Zegrean, former president of the CCR

Precisely because “Change the rules during the game”as the lawyer Bogdan Ionescu says, and withdraws the possibility of those who have so far contributed to the same rules as in the beginning and be able to get their money, such a project “You should fall at the CCR”is of the opinion of former CCR president Augustin Zegrean.

“” You cannot come after 17 years to tell the man that he does not give him all the money at once. That you have changed the rules from which he started to contribute. He contributed 17 years in the idea that on the day he goes to retire he has a lot of money and he does what he wants. who have entered this system can leave (…) those who have contributed so far, if you have to leave them as they have started to contribute.explains the former constitutional judge.

“Another proof of the fatty incompetence that the politicians show” – Adrian Negrescu, economist

“The fiscal legislation has changed I think that about 15 times in the last 18 years in Romania, so there will always be fiscal changes that influence our investments, whether we are talking about pensions, investments in the capital market or other types of capital accumulations ”, explains the economist Adrian Negrescu for “Adevărul”, but the change that comes over 10 years compared to the maximum moment when there should be already “It is still a proof of the fatty incompetence that the policy shows when they start to regulate an area and, along the way, depending on their domain, forget or regulate a certain field.”

The modification of the legislation is a consequence of the economic-financial situation, but “This is simply a proof of incompetence that has transformed these pensions on Pillar II into a subject of public debate without any sense. If they made on time the law in which the king made very clearly how the payments are made, we would not have had this debate and these suspicions in the public space ”also points out Adrian Negrescu.

As it is in other states

“Only in the United Kingdom you can take all your money. And there are some very clear penalties because you withdraw all the money.”explains the economist Adrian Negrescu.

In the European Union, the average of this percentage is even 25%, but in the case of Germany or Italy it is exceeded, reaching 30%. France has 20%, in Croatia it reaches 15%, and in the Netherlands at 10%. The percentage is 25% in Bulgaria or Poland.

The proposal that was in the first reading in the meeting of the Bolojan Government on Friday, August 8, introduces a 25% percentage in the case of extraction with the retirement and provides for the payment of money in installments for 10 years or in a life pension throughout life, as in the case of the state pension. In the first case the remaining amount goes to the heirs. In the second one can opt for a survivor's pension. There is only one exception, that the money can be completely withdrawn if the accumulated amount is below the threshold of 12 social allowances (15,372 lei in 2025).