Interpretation of the Statute of Limitations for Retroactive Pension Adjustments Under Article 107(2) of the Public Pension Law

The High Court of Cassation and Justice admitted the appeal in the interest of the law filed by the Board of the Bucharest Court of Appeals, thereby establishing a binding, unitary interpretation that resolves the dispute over the calculation period for pension adjustments. The case involved the application of Article 107(2) of Law No. 263/2010 concerning the public pension system, specifically addressing whether the phrase "within the general statute of limitations" refers to the period for recovering or granting sums resulting from the application of Article 107(1) and (11). The court held that this statutory provision indicates the maximum time period for granting or recovering such sums, calculated retrospectively from the date the differences are identified. This decision is mandatory pursuant to Article 517(4) of the Code of Civil Procedure and clarifies the procedural and substantive framework for calculating pension entitlements and retroactive payments under Romanian public law.