Peculiarities of the Contributory-Service and Retirement-Age Pension in a Reduced Amount (part I) Cover Image
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Особености на пенсията за осигурителен стаж и възраст в намален размер (част I)
Peculiarities of the Contributory-Service and Retirement-Age Pension in a Reduced Amount (part I)

Author(s): Hristo Banov
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Съюз на юристите в България
Keywords: contributory-service and retirement-age pension; reduced amount; forfeterly determined amount; Social Security Code; unconstitutionality; insured person; subjective insurance right; insurance contribu

Summary/Abstract: The study analyses currently extremely significant issues regarding the exercise of the right to a contributory-service and retirement-age pension under Art. 68a, para. 1 of the Social Security Code, and its amount. Numerous arguments are presented in support of the thesis defended by the author, regarding the determination of the type of pension in question as a very favourable option in terms of the legal and financial interest of the insured persons, to whom the insurance authority pays a significant amount of financial assets in excess (in advance) in comparison to the hypothesis of postponing the exercise of the right to the same type of pension until the moment of its occurrence in full. Thus, the opinion is substantiated that there are no grounds for declaring as unconstitutional the period of payment of the pension regulated by the legislator, during which the rule for reduction of its amount is applied.

  • Issue Year: 2022
  • Issue No: 1
  • Page Range: 19-27
  • Page Count: 9
  • Language: Bulgarian