The Supremee is required to abolish guidance involving pensioners

The Centre for Strategic Judicial Cases (CSL) has handed over to the Supreme Court indictments for abolishing Administrative Guide (MPMS) for notification procedures, payment suspension and return of means in cases of misuse of pensions. A CSL report says the Court has been asked to completely abolish paragraphs 2, 3 and [...]
A CSL report says the Court has been asked to essentially abolish paragraphs 2, 3 and 4 of Article 5 of Administrative Guidance.
Through these provisions, the Administrative Guide has reportedly violated and continues to potentially violate the rights of about 180 thousand pensioners in the Republic of Kosovo.
This rights violation is about applying for retirement cuts that have not been announced in time to the Regional Pension Offices and therefore denying them the right to retroactive payment compensation for the period of payment until the notice procedure” was carried out, the statement said.
Such an arrangement (determination) with a sublegal act is said to violate the legitimate rights and interests of pensioners because, as noted, this is not envisioned by law.
Also, CSL through the indictment has contested the legality of even 10 other upper Administrative Guide provisions, assessing that the same exceed the authorisations of Article 24 of Law No. 04/L-131 for the State-financed Pension Scheme{, said the report.
2015's administrative guidance on notice procedures and payment suspension have required pension users to report every six months to the pension department.
If not announced within this period, they are temporarily suspended from payments and have another three months to announce in order to return the means.
But if the pensioner is not notified in the three-month term, due to the suspension date, his request is considered to be reapplied payment starts to take place only from the application date.
In Kosovo there are estimated to be over 300 thousand pensioners.
Repaying pension is 318 euros, depending on the level of education, while basic or age pension is 120 euros.












