An important change in the payment transactions of the pensions and social authorities from Romania abroad

Through Law 360/2023 of November 29, 2023, Romania has fundamentally changed the rules for making cross-border payments with Romanian pension funds abroad (including to Germany or Austria). Details were regulated by the administrative order of the President of the National Pension Fund (Order CNPP 874 / 26.6.2024, published in the Official Journal of Romania Part I No. 651 on July 9, 2024). The new regulation concerns the payment of pensions of all kinds by the Pension Fund (CJP) as well as compensation for political persecution (disappearance, forced residence, etc.) according to Decree 118/1990, Laws 130/2020 and 232/2020. approved by the AJPIS Compensation Authority, but can also be paid out by the pension fund (CJP).

From September 1, 2024, recipients of benefits from Romanian pension funds (CNPP, CJP) who live abroad (personal non-resident˛), including in Germany, must submit a special life certificate (certificate of via]˛ twice a year (half-yearly). Unlike before, the authority no longer requires this, but it must be sent to the paying authority on a special form without request (by yourself) before March 31 and September 30 each year (Art. 10 Decree 874/2024). People who already receive the benefit must submit this first self-employment certificate to the Romanian authorities before September 30, 2024. .

This special form was established as Annex 2 of Government Order 874/2024 and published in the Official Gazette of Romania dated July 9, 2024. The payer must fill it out and verify (signature verification) at responsible office at the place of residence (in Germany, Austria, etc.). It is not valid without verification of the signature! It is also not enough to send a registration certificate or any other freely drawn certificate to the Romanian authorities. It is necessary to use the approved form.

Unlike before, the form has only two parts A and B and, if you look closely, it is easy to fill out:

In Part A, those affected enter the authority from which payments come and where the life certificate is placed under number 1. You can also check here whether the March certificate or the September certificate it is. Under number 2, the case is entered (ie the last name and first name of the person involved as well as the number of the decision – Decizie – on which the life certificate is to be applied You will find this number on the “Decizie” for the corresponding payment The information is correct and you report changes to this information to the authorities within 15 days You must sign a point 5, preferably in front of the office that verifies your signature.

Part B is not completed by you; the responsible authority uses it to verify your signature.

The body responsible for verifying the life certificate is the municipality or city administration, any registration office, any health insurance company, any other social authority or even your own bank. If a beneficiary is in a hospital or other facility, the social services of that facility can also verify the life certificate. The declaration is free for pension purposes.

Unfortunately and incredibly, the form provided by the Ministry of Labor of Rome in Appendix 2 of the administrative order is currently only available in Romanian. This could cause problems with confirmation from authorities in Germany. The President of the Expellees Association, Dr. Bernd Fabritius, therefore, after the joint meeting of the Bavarian-Romanian government on June 18, 2024 in Munich (the Siebenbürgische Zeitung reported in program 11 of July 8, 2024, pp. 1-2, see also SbZ Online on 1 July 2024 ) contacted the Romanian Embassy in Berlin, the Romanian Minister of Labor Simona Bucura-Oprescu and the member of the German minority in the Romanian Parliament, Ovidiu Gan]and asked for permission for a bilingual form. According to the Romanian Ministry of Labor, such a bilingual form should be prepared now without notice shortly with the efforts of everyone involved.

If those affected forget to submit a certified life certificate on time, payment will be stopped​​​​​​from the next month without notice. Payment will only be made again when the corresponding certified life certificate is subsequently submitted. The authority is then obliged to resume payment retroactively, without notice from the time of employment, and to refund any amounts withheld. Experience has shown that this often does not happen smoothly, which is why it is necessary to look at receiving money (and its amount!).

For pension recipients in Germany where Romanian periods are recognized according to the Foreign Pensions Act (FRG) and which are reduced according to Section 31 FRG as a result of receiving a pension from Romania (for the same periods ), that person must report the lack of payment immediately (under Submission of bank statements) to the German pension authority. This then requires a new pension notice to be issued without reduction in accordance with Section 31 FRG. If payment from Romania is then resumed after the late life certificate has been submitted, this must also be reported to the German pension authority so that the German pension decision can be changed again using Section 31 FRG (see additional information at the end of this article).
If those affected do not have the current form (or until a new one is available in two languages), according to the rules of Decree 874/2024, the old form previously approved may (three pages, German-Romanian) also. use as someone else (free download www.fabritius.de “life certificate” or www.cnpp.ro/certificatul-de-viata). Important note: According to information from the Romanian authorities and the ongoing practice of the Romanian authorities, the life certificate form (German-English) published on the website of the German pension authorities is unfortunately and absolutely NOT accepted.

At this point it should be noted again that people receiving a pension from Germany, in which working hours from Romania are already recognized according to the provisions of the Foreign Pensions Act, must expect a reduction in their German pension when they receive a Romanian pension. (§ 31 FRG ). However, it is possible to choose not to receive the pension from Romania to avoid this reduction and additional costs (every six months as described above). Regarding the old age pension, this will be done by submitting a delay declaration according to Article 50 of Regulation (EC) 883/2004 in the pension procedure. For all other pensions or after approval of the benefit and start of payment from Romania, this is possible through a release by the Romanian pension authority (procedur˛ de suspendare). As soon as the payment from Romania stops, the reduction in the German pension will also end. When submitting a corresponding proof of transfer, for people who, in addition to their pension, also receive a monthly compensation benefit according to Decree 118/1990, it is important to ensure that the publish an exemption but in relation to the Romanian pension benefit. and that the payment of compensation is not affected.

Lawyers with special expertise in third party pension law and bilateral pension procedures provide advice and assistance.

Since the beginning of this week, some authorities in Romania have published a form translated into German, but it is full of false translation errors (eg “certificate of life expectancy” instead of “certificate of life”). It is not recommended to bring this to a judicial authority in Germany, advises Dr. Bernd Fabritius. Instead, you should wait for the correction on the Roman form that has already been requested.