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Moldovans living abroad to receive age limit pension

19:27 | 08.05.2018 Category: Social

Chisinau, 8 May /MOLDPRES/ - The Constitutional Court (CCM) today ruled that the Moldovans with residence abroad will be able to receive the age limit pension.

A notification to the Court was submitted by a lawyer. The latter asked CCM to give its opinion on the constitutionality of the texts: ‘’with residence in the Republic of Moldova’’ from the Article 2, paragraph (1) and ‘’the insured person who sets his/her residence abroad is not given right to pension according to the present law’’ from the Article 36, paragraph (1) of the Law No 156 from 14 October 1998 on the public pensions’ system.

Following the consideration of the notification, the Court’s judges ruled that the Moldovan parliament and government had not given any justification for the depriving of this category of people from their right to pension, only for reasons that they have residence abroad. Nevertheless, the National Social Insurances House gave as explanation the possibility of the appearance of deficiencies in the discovery of the concomitant payment of the pension in Moldova and in other countries with which Moldova has not ratified bilateral agreements on social insurances.  

The Court stated that the aforementioned authorities had not unveil relevant reasons for justifying the concerned differentiated treatment and the incapacity of the National Social Insurances House cannot represent a reason for depriving the persons from their fundamental rights.

Therefore, the Court found out that the differentiated treatment of the persons who do not have residence in Moldova, in comparison with the ones with residence in Moldova, in terms of pensions’ payment, violates the Constitution.  

The CCM decision is final, cannot be subjected to any appeal, enters into force on the date of adoption and is published in Moldova’s Official Journal.

(Reporter A. Zara, editor M. Jantovan)

 

 

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