The Constitutional Court, acting as part of Mr. Alexandru Tanase, President, Mr. Aurel BĂIEŞU, Mr. Igor DOLEA, Zadrahimi, judges, with the participation of Mrs. Ludmila Chihai, Registrar, considering the appeal filed on December 15, 2016 and recorded at the same time, examining the appeal referred to in public plenary, taking into account the laws and proceedings, Acting in the Council Chamber, Pronounce the following judgment PROCEDURE: 1. The origin of the case lies the plea of unconstitutionality of article 33 para. (1) (a). the Act No.) 156-XIV of 14 October 1998 relating to the public pension system, raised by the lawyer in the Mariana Barașianț nr. 3-1528/16, pending the Court of Justice, the seat of the Centre.
2. The plea of unconstitutionality has been lodged with the Constitutional Court on 15 December 2016 by Judge Nicholas Carney within the premises of the Center Court, under article 135, paragraph 1. (1) (a). a) and g) of the Constitution, as interpreted by the decision of the Constitutional Court No. 2 of 9 February 2016, and of the regulation on the procedure for examining complaints lodged with the Constitutional Court.
3. The author claimed exception, in particular, that the contested provisions are contrary to articles 47 and 54 of the Constitution.
4. By decision of the Constitutional Court of 19 December 2016 save of constitutionality has been declared admissible, without prejudeca Fund case.
5. In the process of examination of constitutionality exception the Constitutional Court requested the opinion of the Parliament, the President of the Republic of Moldova, the Government and the Ministry of labour, social protection and family.
6. In the plenary session of the Court of constitutionality exception was supported by lawyer Mariana Barașianț. Parliament was represented by lead counsel, Valeriu Treaty within the Directorate-General of the Secretariat of the Parliament. The Government was represented by Deputy Sperantei, labour, social protection and family.
The MAIN DISPUTE CIRCUMSTANCES 7. On June 6, 2016 G.B. filed the territorial social insurance House Botanica, which requested the recalculation of pension. The territorial social insurance House Botanica has rejected the request of G.B. pursuant to article 33 of the law nr. 156-XIV of 14 October 1998.
8. On 12 July 2016 G.B. has submitted an application prior to the National House for social insurance, which challenged the refusal of the Territorial social insurance House Botanica and has called for its cancellation, with recalculation of pension, as well as incorporate adaptation period of contribution after 2009. Prior application has been rejected by the National House of social insurance.
9. G.B. filed at District Court of Chișinău, the headquarters of the Centre, the demand for judgment against the National Social Insurance House and Territorial social insurance House Botanica at the annulment of the administrative act and the obligation to recalculate the pension contribution included internship.
10. On 5 December 2016 Barașianț lawyer has asked Maas raising non-constitutionality exception to article 33 para. (1) (a). the Act No.) 156-XIV of 14 October 1998 relating to the public pension system.
11. by the conclusion of the Court of Justice, the headquarters of the Centre, of 8 December 2016 was willing to suspend the process of referral to the Constitutional Court and the remission order.
PERTINENT LEGISLATION. The relevant provisions of the Constitution (republished in the Official Gazette, no. 2016, 78, art. 140) are as follows: Article 47Dreptul the assistance and social protection (1) the State is obliged to take measures to ensure that every person has a decent standard of living, whereby good health and welfare, and of his family, including food, clothing, housing, medical care, and social services.
(2) citizens have the right to be insured against such adversities as: unemployment, sickness, disability, widowhood, old age or other situations where loss of livelihoods, as a result of circumstances beyond them. "
13. The relevant provisions of law No. 156-XIV of 14 October 1998 relating to the public pension system (republished in the Official Gazette, 2004, no. 42-44, art. 247) are as follows: Article 2Dreptul on pension "(1) the right to a pension is the person domiciled in the Republic of Moldova which satisfies the conditions laid down in this law.
[…].”


Article 14Dreptul to the old-age pension "are entitled to old-age pension is granted if they are satisfied the conditions for retirement ages and stages of contribution provided for by the present law."


Article 33Reexaminarea "pension rights (1) the review of pension rights shall be made if: (a) emergence of new circumstances) relating to the qualifying period of contribution income insured, what took place until the granting of pension rights;
(b) transfer to another category) pension;
c) people who continue to work after realizing the right to old-age pension.
(2) review of pension rights in the case referred to in paragraph 1. (1) (a). to perform for) are retirees who have achieved pension rights until 1 January 1999, but only to present documents confirming the qualifying period of contribution.
(3) review of pension rights shall be carried out under the present law.
(4) the pensioner applying for transfer to one of the categories of pensions provided for in this law who has previously received may opt for a pension previously determined considering all cost recalculations performed and up to the date of transfer.
(4/1) Retirees who work or have worked in employment after entitlement to old-age pension under this law may seek review of the pension no more often than once every two years, on condition that a pension calculated according to the formulae contained in the annex, parts and parcel of the present law, is higher than a pension in payment.
(5) the new pension rights shall be granted as of the month following the month in which the application was filed and the necessary documents to the social security body. In the case of transfer to another category of retirement envisaged by this law, the time of transfer shall be determined in accordance with article 11(2). (2).”
14. The relevant provisions of law No. 290 of 16 December 2016 for the modification and completion of some legislative acts (Official Gazette, no. 2016, 478-490, 964) are as follows:

"URArt.III-law No. 156-XIV of 14 October 1998 relating to the pensions of State social insurance (republished in the Official Gazette of the Republic of Moldova, 2004, nr. 42-44, art. 247), with amendments and additions thereto, shall be amended and shall be completed as follows: [...]
9. Article 8 (1) shall be completed in the final text ", valued at the time of establishing the pension";
Article shall be supplemented (1/1) reads: "(1/1)-development represents the average monthly insured income indexing made since 1 January 1999, based on the coefficient of increase in the average salary on economy in contributory periods up to the year preceding the year of establishment of the pension. Coefficients of valorization for each year is approved by the Government each year on April 1. "
     […]
34. The Act is supplemented by article 52/1 following contents: ' article 52/1. The average monthly insured income valuation for pensions contained in (1) the average monthly insured Income realized from 1 January 1999 and included in the calculation of old-age pensions and disability pension, set up on 1 April 2017, are valued on the basis of increasing the average salary per economy in the year preceding the year of establishment of the pension year achieving income insured with the determination of the difference in the size of the pension.
(2) the difference in the size of the pension obtained shall be indicators of cumulative indexation coefficient of pensions from the year of establishing the pension income until the year valorizării, established by the Government, and add to the amount of the pension in payment on the date valorizării.
(3) development of old-age pension and disability pension determined before 1 April 2017 will be done in stages. In the year 2017, with effect from April 1, will be valuing pensions pension beneficiaries as established during 2001-2008. "
[…].”
In LAW 1. The author's arguments exception tuționalitate neconsti-15. The author argues that the exception the person has worked in employment after entitlement to retirement and continued to pay monthly contributions to the social insurance fund has the right to review the pension law to include the period of activity in full, including after the right to pension.
16. Thus, the author considers that the exception of unconstitutionality of article 33 para. (1) (a). a) of the public pension system, showing that the pension law review shall be carried out only in the case of any new circumstances relating to the qualifying period of contribution and the income of the insured, which have occurred up to grant pension rights, in contradiction with the provisions of article 47 of the Constitution.
2. Arguments of the authorities. In the opinion of the President it asserts that, pursuant to article 5 of law No. 156-XIV of 14 October 1998, the qualifying period of contribution summarizes all contributory periods, and according to art. 8 of the same law, the basis for calculating the pension is the average monthly insured income throughout the period of activity. Therefore, the legal rule in article 33 of the law limiting fair-rate pension rights of person who work after retirement and continue to pay contributions.
18. in the opinion of Parliament, noted that the contested provisions relate to the possibility of the insured person to be included in the qualifying period of contribution periods have been made until the exercise of the right to a pension, but who for some reason were omitted at the time when the pension was fixed. Thus, the legislature has considered it necessary to regulate situations which may arise until entitlement to retirement, with certain facilities for insured persons who carries out a period of contribution higher than that required, pending the establishment and payment of the pension.
19. The Government and the Ministry of labour, social protection and family notes that, according to rule subject to constitutionality, review of the right to pension is made in case of any new circumstances relating to the qualifying period of contribution income insured, what took place until the granting of pension rights. At the same time, law No. 290 of December 16, 2016, were modified in article 33 of the law nr. 156-XIV of 14 October 1998, so that the right to a pension is going to re-examine the case for persons who continue to operate after the realization of the right to old-age pension.
3. Assessment of the Court. The Court shall retain the right to receive a pension that is part of the right to social protection guaranteed by article 47 of the Constitution.
21. Provision of pensions is an important element of social insurance. Thus, a pension for age limit is monetary income due to the insured, under the law on the public pension system, the correlative obligations relating to the payment of social insurance contributions State 22. According to article 14 of the law on the public pension system, the right to an old-age pension is granted if they are satisfied the conditions for retirement ages and stages of contribution provided for by the present law.
23. the Court recalls that in its previous jurisprudence, held that the Constitution does not guarantee a rate determined persons of social benefit, so the legislature enjoys in the field of social rights by a pretty wide margin of discretion in setting the rules for the implementation of the social rights of the individual, including the ability to modify them.
24. By examining the file documents and hearing the arguments of the parties, the court notice that, in the present case, the author invokes the exception neconstituționalitatea art. 33 para. (1) (a). a) of the public pension system, which provides for the right of pension recalculation only if "the emergence of new circumstances relating to the qualifying period of contribution income insured, what took place up to grant pension rights". According to the author, the pension recalculation exception after that date in the case of those who continued to work after reaching retirement age and pay social security contributions is unconstitutional.

25. the court notice that, after the lifting of non-constitutionality exception, 16 December 2016, the Parliament adopted Law No. 290 on the modification and completion of some legislative acts, by which, inter alia, in article 33 para. (1) of the law on the public pension system has been completed with the letter c), which allows the recalculation of pension of persons who continue to operate after the realization of the right to old-age pension.
26. Furthermore, the Court notes that the law No. 290 of December 16 stipulates valuing pension 2016 for old age and disability pensions determined before 1 April 2017.
27. Consequently, the omission of legislative author of exception has been resolved by the legislature so that the exception raised remained without object, being covered by another provision than the contested provision, was not challenged by the exception.
28. For the above-mentioned reasons, the Court suspended the trial on the control of constitutionality of art. 33 para. (1) (a). a) of the public pension system.
Under article 26 of the law on the Constitutional Court, 60 lit. d, para. 61) (1) and 64 of the code of constitutional jurisdiction, the Constitutional Court DECIDES: 1. reject the plea of unconstitutionality raised by counsel in the Mariana Barașianț No.3-1528/16 pending in District Court, the seat of the Centre.
2. process for notification constitutionality control stops article 33 para. (1) (a). the Act No.) 156-XIV of 14 October 1998 relating to the public pension system.
3. this decision is final, cannot be subject to any appeal, shall enter into force on the date of its adoption and shall be published in the Official Gazette of the Republic of Moldova.

The PRESIDENT of the CONSTITUTIONAL COURT Alexandru Tanase