Fact Check: Romania's New Pension Law Does NOT Remove Pensions From People Under 70 Years Old

Fact Check

  • by: Lead Stories Staff
Fact Check: Romania's New Pension Law Does NOT Remove Pensions From People Under 70 Years Old Out Of Context

Does a new pension law in Romania ban retired people from receiving their old-age pension until they reach 70? No, that's not true: Law 360/ 2023 regarding the public pension system says that those who reach the standard retirement age (65) can choose between receiving their old-age pension and a salary from their employer if they want to continue working until 70.

The claim appeared in a video (archived here) by TikTok user @andreea.cretulescu (archived here) on March 22, 2024, with the caption (translated from Romanian to English by Lead Stories staff):

Careful!!! The trap in the law that doesn't give you a pension until you're 70!
Careful!!! A provision in the law keeps you at work until... 70 years old!

This is what the post looked like on TikTok at the time of writing:

TikTok screenshot

(Source: TikTok screenshot taken on Mon Mar 25 14:51:31 2024 UTC)

Article 46 in law number 360 of November 29, 2023, regarding the public pension system (archived here), going into effect in the fall of 2024, defines the old-age pension as (as translated) "due to people who, cumulatively, on the date of retirement, meet the conditions regarding the standard retirement age and the minimum contribution period." The second paragraph states (as translated):

Persons insured in the public pension system who meet the conditions for enrollment in the pension provided for in paragraph (1) can choose between the granting of the old-age pension and the continuation of the activity, with the annual agreement of the employer, until reaching the age of 70.

The speaker in the video on TikTok claims "A big trap for employees has crept into the new pension law" and says the trick lies in this "right to choose between pension and salary" because it "keeps the employee up to 70 years old without offering him any pension." However, the claim lacks context and additional information from the full content of the law.

The second paragraph stipulates that those who have reached the standard retirement age (65) and want to continue working can choose to either receive a pension or a salary until the age of 70, with the annual agreement of the employer. It does not strip people of their pension before 70 years old.

The law also allows retired people to simultaneously obtain several types of income, without leading to the suspension of their old-age pension. In Article 105, the law (archived here) establishes the possibility of cumulating the pension (as translated) "with other incomes for which social security contributions (CAS) are mandatory" and Article 137 in the Fiscal Code (archived here) lists the categories of incomes for which the CAS is due, including income from wages, income from independent activities, income from intellectual property rights, unemployment benefits and social health insurance allowances.

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  Lead Stories Staff

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