In December 2009, following the entry into force of Law 329/2009 on the reorganization of public authorities and institutions, rationalization of public expenditures, business support and respect for framework agreements with the European Commission and the International Monetary Fund [1], those in the public sector were forced to “choose” - in the period required by law - either for job retention and suspension of pension payments or to quit work and keep right to receive pension. Although most employees timers said they want to keep work, this does not mean, automatically, their consent to waive the payment of the pension benefit that is a right, legally recognized, representing “work pay” above. Pension is a fundamental right guaranteed by the Romanian state in accordance with the 47 article of the Constitution, which does not come into competition with salary, representing remuneration received by the employee for the present work. “Option” that were forced to express, „emploees timers ‘’ is an unilateral juridical act which is avoided because it lacks an essential consent element, the result formulation type declaration that it was given “under the Law 329 / 2009 “and not based on his free will.