Romania - Invalidity pensions

This chapter gives details of benefits granted to persons who become completely or partially unable to work.

The benefits described are:

invalidity pensions (pensie de invaliditate);
attendant allowance (indemnizație de însoțitor).

In what situation can I claim?

Invalidity pensions (pensie de invaliditate) are paid to people who have lost all or at least half of their capacity to work, either due to work accidents or occupational illnesses, or due to other illnesses or accidents which are unconnected with their work.

According to the degree to which capacity to work is reduced, an invalidity can be:

category I, if the person has completely lost their capacity to work and look after themselves;
category II, if the person has completely lost their capacity to work but not their ability to look after themselves;
category III, if the person has lost at least half of their capacity to work but is still able to work up to half of the full-time hours.

Attendant allowances (indemnizație de însoțitor) are paid to recipients of category I invalidity pensions.

What conditions do I need to meet?

Persons can receive an invalidity pension if:

they are or have been insured under the public pension system;
they have lost at least half of their capacity to work;
the state of their health has been classified in a category of invalidity according to a decision issued by the social insurance medical expert;
their age is lower than the standard retirement age.

Once they have obtained an invalidity pension, recipients must undergo periodic medical reviews at intervals of between 1 and 3 years until they reach the standard retirement age. The social insurance expert doctor will decide after each review whether the recipient of the invalidity pension will remain in the same category of invalidity or will be moved to a different category of invalidity, or whether they have regained their capacity to work.

If the recipients fail to attend this review for reasons that are attributable to them, payment of their invalidity pension will be suspended or stopped, as applicable. The suspension shall apply from the month following the date on which the medical review was scheduled. Payment shall cease 12 months after the date on which the recipient failed to attend the compulsory medical review.

There are some exceptions to compulsory periodic medical reviews:

if the recipient suffers from a type of invalidity that affects their capacity to work irreversibly;
if the recipient has reached the standard retirement age;
if the recipient’s age is up to 5 years younger than the retirement age and they have completed the full contribution period.

On the date when the requirements for an old-age pension (standard retirement age and minimum contribution period) are met, an invalidity pension will become an old-age pension, in which case the larger amount shall automatically be paid.

What am I entitled to and how can I claim?

The amount of an invalidity pension granted by the state system is calculated on the basis of the contribution period and the level of income earned during the applicants’ career, according to their category of invalidity and the value of a pension point (i.e. RON 1,785 since January 2023).

When invalidity pensions are calculated, a potential period is credited for the contribution period that was not completed due to the disabilities.

To receive an invalidity pension, the applicants must submit an application to the territorial pension authority within whose catchment area they live or are resident, which shall include, among other things, a pension application, their record of employment, certificates of wages and related bonuses, a medical decision on their capacity to work, civil status certificates and other documents, depending on the circumstances of each case.

An attendant allowance is granted at the request of category I invalidity pensioners and amounts to 80% of the value of a pension point effective on the date in question (RON 1,428 from January 2023).

Persons who receive an invalidity pension from the state system for conditions that prevent them from going back to work can also receive a private pension or additional amount if they have contributed to the privately-administered pension system. Additional amounts are granted only to contributors to a pension fund who have not paid in enough to receive a pension from the private system.

To receive a private pension or additional amount, contributors must submit an application to the administrator of the pension fund in which they are enrolled.

Invalidity pensions are paid monthly by postal order or bank transfer into the recipient’s personal current account or card account, according to the latter’s preference.

Jargon busters

Contribution period: period of time for which social insurance contributions were owed to the public pension system and the period for which persons insured on the basis of a social insurance contract, owed and paid social insurance contributions to the public pension system.
Potential period: period of time which is regarded as a contribution period and credited, when calculating invalidity pensions, for the contribution period that was not completed due to the disabilities.

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