Admissibility of reference for ruling on pension calculation formula following conversion of disability to service pension

The High Court of Cassation and Justice dismissed as inadmissible the reference for ruling on a legal question filed by the Court of Appeal of Constanta, resulting in no new substantive ruling on the merits and leaving the lower court’s proceedings to continue without the requested supreme guidance. The dispute concerned the civil law determination of the opening date for the right to receive a service pension, specifically in the procedural context where a service pension is granted by transforming a previously established disability pension, with the core issue being which calculation formula applies to the pension amount based on that specific date. The decisive legal basis for the dismissal was the application of Article 521 paragraph (3) of the Code of Civil Procedure, which governs the admissibility conditions for preliminary rulings in civil matters, leading to the conclusion that the specific question raised did not meet the necessary criteria for referral to the Complete Board for the Resolution of Legal Questions.