In
case of having the work experience verified judicially, the pensioners face the
problem of having the pension recalculated from an earlier stage or receiving
the unpaid pension.
All
the complaints addressed to the Defender in 2020 testify to the urgency of this
issue.
For
example, in 2020, a lawyer applied to the Defender, who stated that he had
several clients who had applied to him for the verification of work experience
and for receiving the unpaid pensions when verified.
According
to the lawyer’s claims, the examination of cases in the courts is lengthy. For
example, in one of the cases of getting the work experience judicially
verified, the proceedings lasted 7 years, and after the verification, the
pension was recalculated starting from the date of the judicial decision. As a
result, for seven years the person was deprived of the allocated pension.
According
to the opinion of the Ministry of Labor and Social Affairs of Armenia, the
rights arising from the court order are formulated after the judicial decision
enters into force. Considering this as a basis, the pension body does not
recalculate the citizens' pensions at an early stage.
According
to the Human Rights Defender, here we should also take into consideration that
the pension, besides being a means of social security, is also a property right
according to the case-law of the ECtHR.
According
to Article 34, Section 1, Clause 1 of the Republic of Armenia Law “On State
Pensions”, a pension is granted from the date of acquiring the right to a
pension (including reaching the age being entitled to a pension), if the
application for granting pension was submitted after that date, within a period
of three months. It is clear that
setting certain deadlines for the exercise of the right is aimed at ensuring
the predictability and stability required in the social sphere, which includes
the proper and timely exercise by the citizens of their rights.
Please
be informed, that in case the pensioner is unable to present evidence confirming
the work experience, the method for the pensioner to prove this experience in
the contested period is to apply to the court.
For
more details, view the annual report.
Հայերեն
