Loss of uncollected pension is unconstitutional

The loss of the pension that is not collected for a period of time is an unconstitutional norm, the Constitutional Court ruled when analyzing the constitutionality of challenged norms that set a three-year-limit for retroactively collecting the calculated pension. The Court held that the pension is the recipients’ primary source of existence. Consequently, the depriving of the right to pension affects the ownership right and goes against the constitutional provisions, IPN reports.

As regards the limitation of the period of validity of the proxy based on which the pension is collected by another person in the name of the recipient to six months, the Court said that this is an opportunity matter related to the competence of the lawmakers and it does not encroach upon the constitutional provisions. There are a number of methods of collecting the pension and the recipients can get the pension through bank cards or checking accounts. On the other hand, the Court ascertained that the existent mechanism is defective, especially for the citizens who are abroad. Therefore, it will request Parliament to review the normative framework.

The Constitutional Court’s decision is definitive and cannot be disputed and takes effect when it is adopted. It is published in the Official Gazette of Republic of Moldova.

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