Special pensions reform. What pension will a former magistrate have after adopting package 2 measures

The new formula for calculating the special pensions, included in the package of fiscal measures in the government's attention, would significantly reduce the income of the former magistrates. As a sign of dissatisfaction, they have triggered broad protests at national level.

The reform of the special pensions will dramatically reduce the income of the former magistrates. Photo archive

The protests, triggered by the dissatisfaction of the magistrates that their pensions will be dramatically cut, will take place from Wednesday, August 27.

The state transfers, on average, 22,000 lei from the budget

According to the latest data published by the National House of Public Pensions, 5,696 former magistrates with 16 more than in June benefited from July. Of these, only 5,696 only 2,560 receive contributors based on contributivity, the remaining 3,136 persons being paid from the state budget, ie from the taxes and taxes paid by all Romanians.

As can be seen in the table above, the media pension of the magistrates was in July 25,283 lei, although based on the contributivity it should have received less than 7,500 lei. The average amount paid to each former magistrate from the state budget, that is, from the money of all Romanians, exceeds 22,000 lei.

Therefore, within the austerity measures established to reduce the budget deficit, the Executive proposed the reform of the special pensions, by introducing a new calculation formula that is applied to the net pay, not the gross one.

Specifically, the reform of the special pensions proposes the application of a share of 70% of the net salary, instead of 80% of the gross platform.

What pension will a former magistrate have after reform

Following the application of this formula in the 2 measures package, the pensions of the former magistrates will be reduced, reaching almost half of the current amount, according to the “Adevărul” calculations.

The calculations were carried out taking into account the latest official data on the magistrates (before reducing the increase for harmful conditions) that reflect the current level of payment pensions and the future reduction of the amount, related to the net income, not the gross one.

For example, according to the official data analyzed by “Adevărul” – published on March 31, 2025 – the gross salary of a regular judge from a court is between 19,000 and 23,600 lei, to which are added many other bonuses, such as increased conditions of work, dangerous or harmful – 1500 lei; increase for risk and neuropsychic overload and increase for confidentiality – 5,580 lei.

As such, the monthly gross salary of an ordinary court judge is 30,881 lei, respectively a net of almost 18,000 lei a month.

Currently, such a judge can retire at 48 years old and can receive 80% of the gross salary, ie more than those who work and pay contributions to pensions and health, plus income tax. That is, a pension of 24,700 lei, compared to the nearly 18,000 lei salary that they would receive if they worked.

The intention of the Government to reduce the amount of the pension to 70% of the net salary, instead of 80% of the gross income aroused the dissatisfaction of the judges, given that the pension would be only 12,600 lei, almost half compared to the pension of 24,700 lei that can be collected now.

Former judges of the JCCJ would take 19,000 lei, instead of 37,000 lei

The official data consulted by the “Adevărul” show that the highest salaries are at the High Court of Cassation and Justice, as a naturally given that only the judges who promoted the INM and are at least 18 years old, in which the auditor period, ie the two years of ENG courses, enter.

According to the latest official information consulted by “Adevărul”, the president High Courts of Cassation and Justice (JCCJ) has a gross salary of almost 41,000 lei, to which are added the bonuses for working conditions, heavy, harmful or dangerous, increase for risk and neuropsychological overload and the increase for the value of 12.27 The allowance for the scientific title of doctor of 950 lei.

In total, just over 54,000 gross lei, ie a net of about 31,320 lei a month.

The current formula for calculating the pension, of 80% of the gross salary, would bring to the former president of the JCCJ a pension of 43,200 lei. In the case of applying the formula of 70% of the net salary, the pension would decrease to 21,924 lei.

A judge from the JCCJ currently has a gross salary between 33,714 and 36,194 lei, plus the aforementioned bonuses between 10,114 lei and 10,858 lei, resulting in a monthly income between 43,828 gross lei (25,400 net lei) and 47,052 gross lei (27,290 lei net).

The current pension, calculated at 80% of the payment in the payment is between 35,062 lei and 37,641 lei.

The application of the 70% quota to the net salary would lead to a decrease of the pension to 17,780 lei (compared to 25,062 lei at present), respectively 19,103 lei (compared to 37,641 lei).

And the pensions of the former judges of the courts of appeal would be halved

The revenues of the judges of the courts of appeal are lower than those of the supreme court, but also the age required for admission to the position is less, only 6 years old, compared to 18 years at the JCCJ.

Thus, the president of the Court of Appeal has a gross monthly income that also includes the bonuses for difficult conditions, neuropsychiatric overload, ensuring confidentiality, plus keeping the confidentiality of 39,000 lei, ie a net income of 22,600 lei.

The current pension is 31,200 lei, while by the new formula with 70% of the net income the pension would be 15,800 lei.

Regarding the gross monthly income of a court judge, it is included, depending on the seniority, between 30,096 lei and 34,726 lei, respectively a net income between 17,456 lei and 20,141 lei.

The current pension is included, in this case, between 24,077 lei and 27,780 lei, in the case of applying the new calculation formula of 70% of the net, being between 12,219 lei and 14,099 lei.

Pensions of former court judges

The latest official data regarding the allowances of the court judges, dated September 2024, shows that the court president has a gross income including the bonuses of 34,779 lei, respectively a net income of 20,172 lei.

The current pension is 27,823 lei, while the future (if the percentage of 70% of the net) will be 14,120 lei.

Reported to the gross salary of a court judge including the bonuses, between 26,080 lei and 30,680 lei, respectively a net between and between 15,126 lei 17,794 lei, the current pension is between 20,864 lei and 24,544 lei, the one reduced by applying the quota of 70% to the Net Benitul being between 10,588 lei and 12.456 lei.

And prosecutors' pensions halve

According to the latest official data on the allowances and bonuses of the prosecutors, the Attorney General has a gross monthly income that also includes the bonuses in the amount of 45,707 lei, respectively 26,510 lei net.

The current pension that would be due to a former magistrate with the same rank is 36,565 lei, which would almost halve at 18,557 lei by applying the 70% quota at the net income.

A chief prosecutor of the PÎCCJ section has a gross salary plus bonuses between 35,257 lei and 43,747 lei. In this case, the monthly net income is min. 20,449 lei and max. 25,373 lei.

And in this case the pension would diminish from min. 28.205 – max. 35,000 lei at 14,314 lei – 17,761 lei.

A prosecutor with PCA has a gross salary plus increases between 27,879 lei and 34,779 lei. The monthly net in this case is between 16,170 lei and 20,172 lei.

The current pension, calculated for a similar income, would be 22. 303 lei – 27,823 lei, the diminished one being 11,319 lei – 14,120 lei.

The same amounts are applied to those who have held the position of first prosecutor of the Prosecutor's Office attached to the courts.

What the reform of special pensions involves

The draft law on the restructuring of the service pensions of the magistrates and of the auxiliary personnel from the courts and prosecutor's offices also proposes:

• establishing the retirement age for the project staff, by reference to the standard retirement age of the public pension system;

• establishing a minimum seniority condition for at least 35 years;

• A pension amount of 55% of the calculation base represented by the average of the monthly gross classification allowances and the bonuses for which the social insurance contributions were held in the last 60 months before the retirement date, limiting the net amount of the service pension to 70% of the net income had in the last month before the pension date.

• a new staggering of assimilated seniors that fall into the calculation of the useful period for the service pension until 2029;

• A new staggering of the increase in retirement age for magistrates, by adding an additional period of 1 year and 6 months, until 2036

• introducing the possibility of anticipated retirement when fulfilling a minimum age of 35 in the respective functions, with the application of an annual penalty of 2% until the standard retirement age in the public system;

• modifying the provisions regarding the granting of the bonus of 1% and updating the pension, in the sense of restricting these possibilities only in persons with retirement decisions or fulfilling the conditions of retirement, respectively without taking into account the fulfillment of the project in force for the granting of the bonus of 1%; previous from the moment of fulfilling them to those who fulfill the retirement conditions until October 1, 2025, the date of entry into force of this law;

• Harmonization of similar provisions of Law no. 567/2004 and Law no. 361/2023 with those of Law no. 303/2022.

The new calculation mode does not apply retroactively

The Constitution of Romania expressly provides in art. 15 paragraph 2 that no law applies retroactively. “(2) The law disposes only for the future, except for more favorable criminal or contraventional law”, Writes in the main law of the country.

This means that the reform of the special pensions can not have effects on the huge pensions already in payment, but only for those that will be paid for the new pensioners after the entry into force of the special pensions of the magistrates.

What categories of staff do they receive special pension

Special pension do not only receive the former magistrates – prosecutors and retired judges -, but also the auxiliary personnel from courts and prosecutor's office (in number of 2,314 people in July, with an average pension of 6,711 lei), the former pilots from the Civil Aviation (in number of 1,352 persons, with an average pension of 13,070 lei), in number of 13,070 lei) 877, with an average pension of 6.113 lei), former employees of the Court of Accounts (in number 676, with an average pension of 10,107 lei), but also former consul and former diplomats (in number 795, with an average pension of 6,892 lei in July).

All these six categories of privileged are expressly mentioned in the statistics of the National House of Public Pensions, with special details of the number of beneficiaries, both those who contributed to the public pension system, and the number of those who did not contribute, and what is the contribution of the state on average to these special pensions.