Pravne pomanjkljivosti invalidskega zavarovanja

slovenian

2020

volume 46, issue 6/7

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

Disability insurance constitutes an important part of the compulsory pension and disability insurance scheme. The principles of a social state, such as intergenerational solidarity, mutuality and redistribution, are even more relevant for disability insurance than for pension insurance. In the past, there were calls in favour of either a separation of the compulsory disability insurance and the pension insurance scheme, or for contributions to be paid separately. It is important that a uniform compulsory pension and disability insurance scheme remains in place. In spite of efforts for a reform of disability insurance in the last ten years, no significant moves have been made in this field. The White Paper on pensions (2016) gave a comprehensive presentation of disability insurance and offered possible solutions. In amendments to the Pension and Disability Insurance Act 2 (ZPIZ-2), only scant attention has been paid to this field and only minor corrections have been made. The disability insurance scheme is important, yet sensitive, due to the fact that benefits thereunder are granted for disability resulting from a change in health condition, so account should be taken of the fact that their condition makes them vulnerable, and that, as often as not, individuals experience their disability differently. Therefore, in order to prepare a disability insurance reform, time is needed and even more parties should be involved in the process than in the case of a pension reform. Simultaneously, health, labour and other laws relevant to the disability insurance should be aligned, which, according to experience so far, is hardly to be expected. With the solutions presented in the White Paper, a first step in the right direction was made: unfortunately, nothing has been done in this field in the following years. It is high time to start taking the next steps and continue all the way until an appropriate legal solution has been achieved.

23.03.2021