provisions that established prohibitions on the payment of the pension of insured persons domiciled
abroad from Law no. 156/1998 on the public pension system77.
On 24.09.2019, the Constitutional Court examined the notification of the People's Advocate
regarding some provisions of Law no. 156 of 14.10.1998 on the public pension system, which aims
to assimilate the contribution period of the non-contributory period of care for a person with severe
disabilities. In decision no. 19 of this date, the Court established as unjustified the existing
differentiated treatment between the parent, guardian or curator of a severely disabled child and the
parent, guardian or curator of a severely disabled person over the age of 18, in respect of the
recognized benefits of exercising the right to a pension.
To remedy the existing deficiency, he established a solution, until Parliament intervenes. This
solution requires the responsible authorities in the public pension system to notify the beneficiaries
(the parent, guardian or curator of the person with severe disabilities) of their actions, regardless of
the age of the person with severe disabilities who are in their care.
In view of the said decision, the authorities are to amend the relevant provisions of Law no.
156 of 14.10.1998 on the public pension system.
The People's Advocate draws attention to the fact that in 2019 the authorities did not take into
account the recommendations of the European Committee of Social Rights of the Council of
Europe, issued in his conclusions on the implementation by the Republic of Moldova of the Revised
European Social Charter78. The People's Advocate mentioned these recommendations in detail in
his Report on the observance of human rights in the Republic of Moldova in 2018.79.
RECOMMENDATIONS:
- The People's Advocate recommends the Government to amend the provisions of Art. 60 of
Law no. 1544/1993 on the pension insurance of the military and of the persons from the
command corps and from the troops of the internal affairs bodies and within the General
Inspectorate of Carabinieri, to exclude the prohibition on payment of the pension to persons
establishing their place of residence abroad;
77
Article 2 para. (1) and Article 36 para. (1) of Law no. 156 of 14.10.1998 on the public pension system
https://www.ecoi.net/en/file/local/1425569/1226_1519804343_cr-2017-mda-eng.pdf
79
http://ombudsman.md/wp-content/uploads/2020/01/RAPORT_2018_final.pdf, page 50-51
78
47
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