Dodatno pokojninsko zavarovanje : ali so spremembe pokojninskega načrta zgolj vprašanje pogodbenega prava

slovenian

2021

volume 47, issue 1

legal nature of the pension plan   supplementary insurance   suspension and retention of rights

Lexpera d. o. o.
(Obvezni izvod spletne publikacije)

Supplementary pension insurance, which covers more than half of all insured persons of compulsory pension and disability insurance, has a tradition spanning almost two decades in Slovenia. As such, this insurance represents an important additional pillar for ensuring a sustainable pension system and an individual supplementary form of insurance, used by individuals to ensure an adequate social security in old age. As with compulsory insurance, the element of long-term payment of the premium or savings is also an important element in supplementary insurance. It is precisely this element that, within the established legal framework, also raises a number of issues relating to the legal admissibility of changing the conditions of insurance at a time when the insured risk has not yet been realised. Within the framework of the protection of expected rights and the admissibility of statutory interference with them, the Constitutional Court of the Republic of Slovenia has already answered this question in relation to compulsory insurance. In the field of supplementary pension insurance, where insurance is based on a pension plan and the rights and obligations arising from it, the legal community has not yet given a completely clear answer. Thus, it remains unanswered whether the changes to the pension plan, that to a certain extent also interfere with emerging but not with already acquired rights, are admissible. Such an answer can only be found through the prism of operation of the entire pension system and the current legal regulation of both forms of insurance, which cover the risk of longevity and adequacy of old-age income.

23.03.2021