Moldova’s Ban on Recalculating Special Pilots’ Pensions Challenged

The challenge to the ban on the recalculation of special pensions has reached the Constitutional Court

A former flight captain with Air Moldova is seeking, through the Constitutional Court (CC), recognition of six additional years of service in aviation: social security contributions were paid at the rate of a high salary, yet the state refuses to recalculate his special pension.

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The Chișinău District Court, Rîșcani branch, has referred the matter to the Constitutional Court to review the constitutionality of certain provisions of the Law on the Public Pension System. The referral was made in the context of a dispute between the former civil aviation pilot, Pavel Ieșanu, and the National Social Insurance Fund.

In 2012, he was granted a special pension, but he subsequently returned to work as an Airbus A320 captain at Air Moldova, where he worked until April 2018. During his period of employment, his pension payments were suspended, but the social insurance contributions relating to his salary were paid in full.

Following his permanent retirement, his pension was reinstated at the level originally set, with indexation applied, without taking into account the nearly six additional years of employment and the income earned during that period. The National Health Insurance Fund (CNAS) refused to recalculate the pension, arguing that the law provides for this mechanism only for recipients of old-age and disability pensions.

The Constitutional Court is now set to examine whether the exclusion of recipients of special pensions in civil aviation from the review mechanism breaches the principles of equality before the law and the right to social protection.

This story was translated with the assistance of artificial intelligence.

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