Supreme: State to recognise pensioners diplomat issued between 1991-1999

Supreme: State to recognise pensioners diplomat issued between 1991-1999

The Supreme Court of Kosovo has taken the sentence, declaring it illegal to limit time for recognition of educational qualifications in contributing-paying pensions. This court's sentence has been taken, as it has approved it as based the request of the U.S. plaintiff against the Ministry of Finance, Labour and Transfers. With this judgment, the Supreme Court has [...]

This court's sentence has been taken, as it has approved it as based the request of the U.S. plaintiff against the Ministry of Finance, Labour and Transfers.

By this act, the Supreme Court has declared it illegal and abolished Article 5 of Administrative Management No. 092015 (MPMS), which regulates the classification of contributed pension users under the qualifying structure and duration of the contribution payment.

The court estimates that the controversial clause, which required that evidence for educational qualifications be won before the date 01.01.1991, has no legal basis and constitutes overstepping legal authorization. According to the bias's reasoning, the law relevant for pension schemes does not link pension rights to the time of gaining educational qualifications, but to paying contributions and meeting legal conditions. ”, said in notification.

Similarly, the Supreme Court estimates that the decisive restriction is arbitrary, without any clear legitimate and unproportionate intent, as it excludes a whole category of contributing pensioners who have met legal conditions, only because of the time of gaining their educational qualifications.

Such a provision also violates the principle of equality before law and judicial security, creating unjustified distinction among pensioners under the same circumstances as pension contributions and stagnation. The Supreme Court estimates that the abolished provision is contrary to the State-funded Pension Scheme Law and violates fundamental principles of the judicial order, establishing an unbased and discriminatory restriction for contributing pension beneficiaries.”, the report said.

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