Novelties in Pension and Disability Insurance

Amendments to the Law on Pension and Disability Insurance

 

At the session held on 16 June 2021, the National Assembly of the Republic of Serbia adopted the Law on Amendments to the Law on Pension and Disability Insurance.

 

The constitutional basis for the enactment of this Law is contained in Article 70, paragraph 1 of the Constitution of the Republic of Serbia, which stipulates that pension insurance is regulated by law and in Article 97, item 8 of the Constitution of the Republic of Serbia, which stipulates that the Republic of Serbia regulates and provides areas of social security and other forms of social security.

 

Amendments to the Law on Pension and Disability Insurance (“Official Gazette of RS“, No. 34/2003, 64/2004 – USRS decision, 84/2004 – other law, 85/2005, 101/2005 – other law, 63/2006 – decision of the USRS, 5/2009, 107/2009, 101/2010, 93/2012, 62/2013, 108/2013, 75/2014, 142/2014, 73/2018, 46/2019 – decision of the US and 86/2019, the “Law“), the process of normative regulation of the area of ​​pension and disability insurance, which began in 2001, continues.

 

The latest changes concern the following:

 

  1. Harmonization and specification of provisions related to the case when the insured farmer performs the contracted work; establishing an extramarital union; insured persons of independent activities, the so-called “freelancers”; differences up to the lowest amount of pension for pension beneficiaries whose amount of pension is lower than the lowest amount of pension, and who have received a foreign pension; changes in the data entered in the registry records, i.e. that their deletion from those records is also considered a change; the right of the Republic Pension and Disability Insurance Fund (the „Fund“) to claim compensation for the damage caused from the person who caused the need for assistance and care of another person.

 

  1. Determining the amount of early pension for insured persons who before the implementation of the Law on Amendments to the Law on Pension and Disability Insurance (“Official Gazette of RS”, No. 75/14), in accordance with the Government Decision on determining the Program for resolving redundancies in the process rationalization, restructuring and preparations for privatization (“Official Gazette of RS”, No. 64/05, 89/06, 85/08, 90/08, 15/09, 21/10, 46/10, 9/11, 6 / 12, 63/13, 21/14, 129/14, “Decision”), were beneficiaries of the right to special monetary compensation, i.e. beneficiaries of monetary compensation.

 

  1. Bringing all beneficiaries of the survivor’s pension to an equal position so that the survivor’s pension after the death of the insured is not determined from the early old-age pension but from the old-age or disability pension that would belong to the insured at the time of death.

 

  1. Specifying the manner of calculating the amount of old-age pension for insured persons referred to in Article 42 of the Law.

 

  1. Resolving problems that arise with the paid amount of pension after the death of the beneficiary, in relation to creditors who refuse to act upon the request of the Fund for reimbursement of the amount of suspension paid to the creditor after the death of the beneficiary.

 

  1. Additional regulation of conditions for payment of funeral expenses.

 

  1. Clarification and improvement related to the data entered in the registry.

 

  1. Changes related to the procedure for determining the status of the insured, which enables the Fund to make an application for insurance ex officio, regardless of whether the person liable to submit the application can submit it.

 

 

The latest changes ensure more efficient and faster work of the Fund on the implementation of pension and disability insurance, for the benefit of the insured and beneficiaries.