Over two thousand people were left without supplementary pension, after court upheld the suspension of payments by the Insurance Company “ASITO”. For six months, the case is delayed, and retirees no longer get paid. “The money will be transferred as soon as the ban will be removed”, says the lawyer of “ASITO” company.

In addition to the basic pension, following an agreement signed with the company “ASITO” Michael Stefan, from Chisinau, should have been receiving additional 100 lei monthly. Usually, the old man was raising his money twice a year. But, in December 2013, when he asked for his pension, “ASITO” representative told him that, no one knows the reasons, but there are no more money. Insured once passed through such an experience, in 1999. Back then, Michael Stefan was informed by a letter that the financial situation of “ASITO” is getting complicated and additional pension payments will be suspended. He appealed to the court, which ruled in his favor, forcing the insurance company to honor the contract.

Barbacaru spouses from Balabanesti, Criuleni, began to receive additional pension four years ago. Because its value was higher than the state pension, when it was stopped, Barbacaru wives immediately felt the lack of money, insisting to find out why the contract signed in 1994 is no longer respected. “Now we do not get the pension and it is tough. We can not cover the expences of this winter. We were receiving together with my wife 2,000 lei. On the 14^th, when I went to get the money, I was told there are no money. We addressed to “ASITO”. There we were told that the payment has been suspended by judicial decision and the money will be after they get clarified at the court, but who knows when it will end. I think they expect us to die first, pensioners, then give something to those who will remain”, told us indignantly Michael Barbacaru, adding that he hired a lawyer and hopes to receive justice.

The same applies to the other about 2400 persons who, until August 2013, were receiving supplementary pension under contracts signed with “ASITO” in 1994-2005. This right has been suspended following a conclusion by Judge Svetlana Garstea-Bria, from the Court Botanica. She admitted the payments to be suspended until the examination of the merits of the case, which was to take place on December 17, 2013. The meeting did not take place, as many recipients of such pensions have filed notice of appeal to the Court of Appeal, and because they were not part of the file, the requests were rejected. Thus, the process is delayed. Currently, the parties are expecting to resolve the case in the first instance.

Doubtful shareholders, “worried” about the fate of the CIA “ASITO”

On 30^th of August 2013, two shareholders of CIA “ASITO” addressed to the District Court Botanica with a request for summons of the company and general manager of the CIA “ASITO” Ruslan Dobos, regarding the ascertain of nullity of insurance contracts with supplementary pensions. The reason that the two shareholders have demanded suspension of payments was that “beneficiaries are paid an imposing amount of money, about 436 000 lei per month”, this represents 25-30% of contracts share available. Because, soon, the amount had to increase, as more insurers will reach retirement age, the shareholders have concluded that “ASITO” will not be able to honor its obligations, which could affect the company’s activity. Thus, they requested the judgment to establish invalidity of supplementary pension insurance contracts concluded by “ASITO” and those 8085 people in 1994-2005. The two shareholders have requested the suspension of all payments relating to supplementary pensions until the case merits are examined. On the same day (August 30, 2013), Judge Svetlana Garstea-Bria granted the shareholders application and ordered the suspension of payments under the valid contract. Immediately after court sentence, the bailiff Maxim Romaliischii ordered the execution of the decision.

Rybchenko Roman and Kuchai Bohdan, citizens of Ukraine, according to copies of identity cards, became shareholders of CIA “ASITO” about a month before submitting the application to court. According to extracts from the register of nominal holder, Rybchenko became a shareholder on 24^th of July 2013 and owns 5 shares (0.0001%). After seven days, Kuchai became the holder of 2 shares (0.00004%). Thus, on August 30, 2013, the two turned to Botanica Court, requesting suspension of contractual obligations available long before the applicants became shareholders of the company.

Parliament and Supreme Court have been noticed

On this case also the National Commission of Financial Market (NCFM) have received over a hundred complaints from pensioners. Svetlana Lupasco, head of the Directorate General for Insurance Supervision of the NCFM has informed us that the Parliament was noticed as well. Simultaneously, NCFM appealed to the Court of Appeal, asking the review of the decision to suspend the payment of pensions, but the appeal was rejected on the grounds that the institution is not part of the file. “The Commission subsequently asked to be accepted as intervening accessory (that does not formulate their claims in the matter) in the process. So far, we do not have a decision that notifies us if we were accepted or not. This responsibility of the committee is already outdated as the matter reached the court. If we will be accepted as accessory intervener in this process, we will take all measures, we will imply that the insured people are able to receive pensions under previously signed contracts”, added Svetlana Lupascu.

Violations admitted by Judge

NCFM also sent a notice to the President of the Superior Council of Magistracy (SCM), informing him that Judge Garstea-Bria admitted violations of law when she ordered the suspension of payments appropriate after signing the contracts of CIA “ASITO” with the insured people, the latter not being drawn into the process. Or, in the case of cancellation of contracts, insured become the injured part, their rights being violated. And the applicants complaint as CIA “ASITO” pays a big amount of money monthly, the amount following to increase in the future, the company being unable to pay, does not a sound as a reasonable argument for the suspension or cancellation of contracts, says the document .

At the same time, the court did not take into account the provisions of art. 17 of the Law on Insurance, which says that “the poor financial condition, of crisis, of the insurer can not serve as grounds for refusing to pay the insured indemnity insurance or insurance compensation”. Therefore, the “right of individuals to receive pension was restricted by the interference of the state (court), which led to the expropriation of insured of this good. This negatively affects the insurance market in Moldova, already considered to be at an underdeveloped level, with a low degree of potential policyholders”, shows the SCM demarche.

“People come and complain at the company’s door”

Although, in terms of territorial jurisdiction, the case should be examined at Rascani Court, the plaintiffs filed at Botanica Court. Exactly this was the reason why the insurance company had asked the court to reject the request of shareholders, told us the lawyer of CIA “ASITO”, Angela Maxim. “I did not appeal that decision, being certain that we will go to court and we will prove that we are not situated at Botanica. We intend to draw into the process all subjects, including NCFM, but since many people have made procedural mistakes and went to the Court of Appeal, not being parts of the file, the file is delayed. We have told them from the beginning to not do anything. The solution was simple, that is why we did not get to appeal, not to drawl”, mentioned the lawyer.

According to her, also at “ASITO” this situation is not seen with good eyes, as it affects the company’s image. “We are unhappy when we see how people complain at the company’s door. Probably they will also request compensations, being angry. We explain the callers that, as soon as the ban is removed, pensions will be paid. NCFM as well is forcing us to do those reserves of cash. Payments will be made retroactively. If the court will conclude that the claim is well founded, though I doubt it, we will have to refund people all premiums collected from them, including inflation over this period”, added the lawyer Maxim.

Supplementary pensions have reached the ECHR

Product “Providing additional pension” was approved by the Board of Directors of the Company “ASITO” in November 1993. Those purchasing the policy followed to, when reaching the retirement age, receive a supplementary pension to the one from the state. Many, however, have come to beneficiate from this right only after they addressed to the court. Initially, most plaintiffs won the case, but in March 2002 the Plenum of the Supreme Court (SC) has requested the courts to rule in favor of the company “ASITO”. Consequently, in 2006-2008, the ECHR also examined claims of policyholders, filed against “ASITO”, to honor its contracts. After the government was informed of applications submitted to the ECHR, the Plenary Supreme Court upheld an application to review of a group of retirees and  quashed Plenary decision from March 2002. The Strasbourg Court found a violation of Art. 6 ECHR (as an infringement of the principle of legal certainty) and art. 1 Protocol 1 ECHR (concerning violations of the right to property) and ordered Moldova to pay each individual 2000 euros for moral damages and 1500 euros for material damages.

Raisa Răzmeriţă, razmerita.raisa@gmail.com