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The legislation of the European Union (EU) in the field of community pensions primarily aims to coordinate national social security systems. This ensures the protection of pension rights for citizens who have worked in multiple Member States. In this context, the law applicable to community pensions in the EU facilitates the free movement of workers. At the same time, it prevents the loss of pension entitlements acquired in different countries.

Relevant European Union Regulations

To achieve this coordination, the EU has adopted two fundamental regulations:

• Regulation (EC) No 883/2004. This regulation sets out the rules for the coordination of social security systems, including provisions on pensions.
• Regulation (EC) No 987/2009. This regulation lays down the implementing procedures for Regulation No 883/2004. It provides clarifications and practical instructions for the application of the coordination rules.

Basic Principles of Coordination

The law applicable to community pensions in the EU is based on several essential principles:

Totalisation of periods. Periods of insurance, employment, or residence completed in different Member States are aggregated to establish pension entitlement. For example, if a person worked 10 years in one country and 15 years in another, the periods will be added together to determine eligibility.

Pro-rata temporis. Each Member State where the person worked will pay a proportional part of the pension, corresponding to the time worked in that country. Thus, the total pension amount reflects the contributions made in each state.

Exportability of benefits. Pension rights acquired in one Member State can be transferred and paid to the beneficiary even if they move to another Member State.

Submitting the Pension Application

To apply for a pension in a cross-border context, individuals must submit their application either to the pension authority of their country of residence or to the authority of the last country in which they worked. The relevant institution will coordinate the collection of information regarding insurance periods from all applicable Member States and facilitate the pension award process.

European regulations set out clear principles for coordinating social security systems. They ensure that insurance periods completed in different countries are taken into account when determining pension rights.

If applicants have never worked in the country where they reside, the application must be submitted to the pension institution of the last country in which they worked. That institution will gather the necessary information about contributions made in all the countries in which the applicant was employed.

The application must be filed with the Territorial Pension Office (Casa Teritorială de Pensii) in accordance with the standard procedure under Law No. 360/2023. To facilitate the evaluation of pension rights in an international context, specific European forms must be completed:

• Form E 202, used for processing old-age pension applications of individuals who have worked in multiple EU Member States. It enables the exchange of information on insurance periods between the relevant pension institutions.
• Form E 207 (known as the insured person’s career certificate) contains details of the applicant’s insurance history in various Member States. It is essential for confirming and recognizing contribution periods completed outside Romania.

Additional Required Documents

In addition to the forms mentioned above, the applicant must also prepare other relevant documents, depending on the specific case, such as:

• Affidavit.
• Copy of the Romanian ID card (in cases of dual citizenship or retention of Romanian nationality).
• Original or certified copy of the employment record book, issued by the competent authorities abroad.
• Diplomas or certificates proving periods of education.

It is recommended that the applicant consult the website of the National House of Public Pensions (Casa Națională de Pensii Publice) or the relevant Territorial Pension Office, to view the full list of required documents and to download the necessary forms.

Pension Calculation

Each Member State calculates the pension due based on the insurance periods completed within its territory. To determine the amount of the pension, the „pro rata temporis“ principle is applied. This means that the pension is calculated proportionally to the insurance period completed in each state. Furthermore, the national pension calculated is compared with the pension calculated based on the pro rata principle, and the more advantageous amount is granted.

Minimum Contribution Periods

Some countries impose a minimum contribution period in order to be eligible for a pension. In such cases, the totalisation of periods principle ensures that periods worked in other Member States are taken into account.

Legal Retirement Age

The legal retirement age differs from one Member State to another. It is important to note that the pension will only be granted in each country once the legal retirement age set by that country’s legislation is reached. For example, if you have worked in France and Germany, the retirement age may differ between the two. This can affect when you start receiving pension payments from each state.

Recommendations for Applicants

• Early Information. It is advisable to request information at least 6 months before your intended retirement date. Pension processing may take longer when multiple countries are involved.
• Complete Documentation. Ensure that you have all the required documents, such as proof of insurance periods in different countries, identification documents, and bank account details for pension transfers.
• Specialised Advice. To efficiently manage international procedures, it is recommended to seek guidance from social security institutions or organisations specialised in labour and social security law.

Conclusion

The applicable law on community pensions in the EU provides a clear and fair framework for citizens who have worked in multiple Member States. By applying the principles of coordination, it ensures that pension rights are protected. It also ensures that beneficiaries receive their entitlements, regardless of their mobility within the EU.

The retirement process involves cooperation between the relevant social security institutions. Complying with the recommended procedures and timelines is essential to ensure a smooth transition into retirement.

Protect Your Pension Rights: Are You Ready for the Challenges of EU Pension Law?
Navigating the complexity of European Union pension legislation can be difficult, and a lack of clear understanding may lead to the loss of important rights. Make sure your pension is protected and that you receive all entitlements earned across various member states.
A lawyer can assist you with:
✅ Legal advice on EU pension legislation
✅ Support in communication with pension institutions in different countries
✅ Clarification of your rights and obligations in an international context
✅ Representation in pension-related disputes
Don’t let legal uncertainties affect your financial security in retirement! Ensure your rights are protected and that you receive the pension you are entitled to.
Contact us now for customised legal advice and navigate EU pension law with confidence.

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Adriana-Veronica Baltă