Romanian Govt Argues Decree Banning Cumulated Public Sector Pension, Wage Is Constitutional

The argument is presented in the substantiation note of the government’s emergency decree that bans pensioners working in the public sector from receiving both pensions and salaries. 

 

"The draft contains provisions according to which pensioners, both those in the public system and those in special systems (justice, public order, national security), can no longer cumulate this pension with salaries paid from the state budget. (…) this measure is in compliance with the Constitutional Court Decision 375/2005, which states that ‘no constitutional provision’ bans lawmakers from suppressing the cumulation of pension and salary if the measure is applied equally to all citizens and different treatment for different professional categories is legally grounded,” the government’s note reads.

 

The government adds that current economic and financial conditions are difficult and call for urgent measures to cut budget expenditure and the decree would help cut budget spending considering the large number of public sector employees that cumulate pensions with monthly wages.

Romania’s ombudsman challenged the government decree at the Constitutional Court Thursday, saying the decree is retroactive and breaches people’s constitutional rights to work and get pensions.

 

According to the government decree, published in the Official Gazette Monday, pensioners have 15 days from when the act takes effect to either discard their pension while they are employed or quit their job within the public sector.

 

The decree triggered protests among doctors, teachers and actors and Prime Minister Emil Boc said Wednesday evening that these categories of employees will be allowed to keep both sources of income based on a civil convention. He said retired doctors, teachers and actors will be paid for the services they render, but not in the form of wages.

 

Exemptions for the decree will be clarified with a joint order of the ministers of finance and labor, without amending the government decree.

 

Romanian president Traian Basescu said Thursday the decree targets to wipe out abuse of taxpayer money.

 

The Constitutional Court is to rule on the ombudsman’s challenge on Jan 15.