Pension correction index effective date tied to initial pension establishment under Law 263/2010

The High Court of Cassation and Justice, exercising its power to resolve questions of law, established a binding legal interpretation regarding the timing of pension index correction, effectively resolving the dispute raised by an appellate court. The case concerned the application of the correction index under the pension legislation, specifically whether the index should be applied from the date the pension was initially calculated or from the date the Constitutional Court's decision was officially published. The court ruled that the correction index is applied from the date the pension was first established under the relevant law, even if that date precedes the publication of the Constitutional Court's decision in the Official Monitor. This interpretation is based on Article 170(3) of Law No. 263/2010 and the principles derived from Constitutional Court Decision No. 702/2019, clarifying that the retroactive effect of the correction is tied to the pension's initial calculation rather than the subsequent official promulgation of the constitutional ruling.