Doctrine of parentheses and calculation of the regulatory base of the permanent disability pension of a self-employed worker

Commentary on Supreme Court Ruling 1021/2024, of 16 July

Abstract

It is not appropriate to apply the doctrine of parentheses to exclude from the regulatory base of the permanent disability pension of a self-employed worker the period in which he had received a previous permanent disability benefit, without the obligation to contribute. To avoid situations of underprotection for reasons not attributable to the beneficiaries, a regulatory reform should be undertaken that would extend to the group of self-employed workers the system of integration of contribution gaps provided for employed workers.