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- Art. 33 of the Government Emergency Ordinance no. 114/2018 regarding the
establishment of the correction index in 2019 and the appreciation that by this emergency
ordinance, a law is officially “ignored” (Art. 170 of Law no. 263/2010). The petitioners are
dissatisfied with the method of calculation of this index;
- Art. 98 paragraph (1) lit. d) of Law no. 188/1999 regarding the Statute of civil
servants, because it does not allow the retirement of women at the same age as men;
- the mention in Annex 15 of the Norms for the application of Law no. 263/210
regarding the unitary system of public pensions, approved by the Government Decision no.
257/2011, which prevents the capitalization of all the incomes for which contributions were
paid.
File no. 14778/2019 The complainant notified us that he did not receive a response to
the request submitted to the Local House of Pensions Sector 3, request that had as object the
valorization of all the seniority realized within the Department of Foreign Trade, attested by
certificates.
The People's Advocate Institution addressed the Local House of Pensions Sector 3,
which informed us that the complainant’s request cannot be resolved favorably due to a
legislative gap. Under these conditions, the National House of Public Pensions was asked for
a point of view, or a solution. The National House of Public Pensions informed us that the
applicant's problem can be solved by a review decision, since the provisions of Art. 107
paragraph (1) of Law no. 263/2010 also apply to service pensions regulated by Law no.
216/2015. In order to solve the case, the petitioner's request was sent to the Local House of
Pensions Sector 3, in order to revise the service pension, in the sense of taking into account
the seniority achieved within the Department of Foreign Trade.
File no. 1336/2019 The complainant notified the People's Advocate Institution
regarding the fact that he did not receive the retirement decision following the submission of
the retirement file. After the submission of the file, on July 4, 2018, the pension house
informed him that the confirmation of the contribution period achieved in Spain has arrived,
and that his file will be resolved, and after that nothing happened.
Following the notification of the County House of Pensions Mehedinti, this institution
communicated that for the completion of the pension file it is necessary for the applicant to
submit more documents. At the same time, the House of Pensions has taken steps to clarify
the mentions from the group II certificates issued by Electrica Distribuţie Transilvania Nord.
File no. 183/2019 The complainant notified us about the fact that he requested a series
of documents from the Hunedoara County House of Pensions, which forwarded the
petitioner's request to the Petrosani Local House of Pensions, for competent settlement, on
June 7, 2018, without receiving an answer.
Given that the repeated requests of the People's Advocate Institution to the Petrosani
Local House of Pensions to resolve the petition remained unanswered, was issued the
Recommendation no. 37/2019, accepted by the public authority, after which the complainant
received a favorable reply.
The rights of persons with disabilities
By virtue of its constitutional role, the People's Advocate was notified with numerous
petitions regarding the rights of persons with disabilities. At the same time, when, in the public
space, there were presented cases of violation of the fundamental rights and freedoms of this
category of persons, the People's Advocate proceeded ex officio and took the necessary
institutional steps.
174 complaints were submitted by persons with disabilities or by other persons, in
relation with violation of the rights of persons with disabilities. Mainly, they addressed
PEOPLE’S ADVOCATE
ANNUAL REPORT 2019
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