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27.2.2018

THE OMBUDSPERSON PUBLISHED THE REPORT CONCERNING THE RIGHT TO AGE CONTRIBUTION-PAYER PENSION AS WELL AS THE RIGHT ON USE OF OTHER PENSIONS APPLICABLE IN KOSOVO

The Ombudsperson has delivered today to the Ministry of Labour and Social Welfare (MLSW), Report with Recommendations concerning the right to age contribution-payer pension as well as the right on use of other pensions applicable in Kosovo.
The Report is based on complaint C.890/2016 related to the termination of contribution-payer pensions but also on other complaints of same nature, which have been admitted by the Ombudsperson.
The Report aims to draw attention of the Ministry of Labour and Social Welfare that citizens are provided with the guaranteed legal and constitutional rights in using contribution-payer pensions, determined by Law No. 04/L-131 on Pension Schemes Financed by the State, with the right in exercising pensions based on the Law No.04/L-054 on the Status and the Rights of the Martyrs, Invalids, Veterans, Members of Kosova Liberation Army, Civilian Victims of War and their Families as well as the Law No.04/L-261 on Kosovo Liberation Army War Veterans.

Through this Report, the Ombudsperson evaluates that the right to contribution-payer pension is a right acquired on the bases of specific legal norms, the right which cannot be restricted by laws or legal acts promulgated later on. Furthermore, this Report reasons that exercising of the right to age contribution–payer pension represents exercise of the right to property, according to Article 1 of Protocol No.1 of the European Convention on Human Rights (ECHR) in relation with conditioning in exercise of the right on this pension, based on the Law on Pension Schemes.

The Ombudsperson analyzed aforementioned respective laws and with the intention to avoid all legal obstacles in exercising the right to contribution-payer pensions, as the right to property, has recommended amendment of the:

1. Law No. 04/l-131 on Pension Schemes Financed by the State, actually removing of:
a) Paragraph 3 of Article 8 of this law, which determines that: “Persons who meet the conditions and criteria for the age contribution-payer pension may not be users of any other pension scheme established by this Law”; and
b) Article 16 of this Law, which stipulates that: “The persons who are beneficiaries of any pension of pension Schemes defined with this Law, in no circumstance, can be the beneficiaries of any pension from special pension schemes that are managed and administrated by the Ministry”.
2. Law no. 04/l-054 on the Status and the Rights of the Martyrs, Invalids, Veterans, Members of Kosova Liberation Army, Civilian Victims of War and their Families, actually removing paragraph 1.4 of Article 5 of the Law, which stipulates that: “the beneficiaries of pensions under paragraph 1.1, 1.2 and 1.3 of this Article, may not be the beneficiaries of any other pension from other pensional scheme applicable in Kosovo, unless otherwise defined in this Law”.

3. Law No. 04/L-261 on Kosovo Liberation Army War Veterans, respectively removing of paragraph 2 of this Law which stipulates that: “KLA Fighter Veteran may not benefit any pension from other pension schemes funded by the state. If the Fighter Veteran benefits from any other pension scheme funded by the state in the Republic of Kosovo, he/she shall decide on one of the pensions he/she will receive”

This Report with Recommendations has been delivered to the Ministry of Labour and Social Welfare as responsible authority. The same has been distributed to media and published on Institution’s official web page, at: http://www.ombudspersonkosovo.org/repository/docs/A_890_-2016,_Raport_me_rekomandime_27-02-2018_888876.pdf
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