September 26, 2022

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Annuities bridging.  The government is preparing an amendment to the regulations

Annuities bridging. The government is preparing an amendment to the regulations

Draft law amending the law bridging pensions Some other bills were on the agenda for Tuesday’s cabinet meeting.

As we read in the summary of the project published in the list of legislative acts of the Council of Ministers, the problem that arose in the application of the Pension Bridging Law of December 19, 2008 was related to the practical implementation of the legislative act. condition Getting the right to an old-age pension Bridging, as defined in Art. 4 piasters 7 from the Pension Bridging Law, that is, the insured does not remain in an employment relationship. The requirement led to cases where people terminated their employment relationship and applied for a temporary pension, after which it was found that they did not meet all the criteria for obtaining a temporary pension. Benefits. As a result, it was not possible to give them a pension, and at the same time they were unemployed due to the termination of their employment.

So one of the solutions included in the draft is to abolish the art rule. 4 Point 7 of the Pension Bridging Act, regarding the failure of the insured to remain in an employment relationship.

“This proposal does not mean, however, that the requirement not to remain in the employment relationship would have any significance in relation to the structure of the provisions of the law relating to the special character, wherein the capacity to work decreases significantly with age, related to the diminishing of the psychophysical capacity of the employee), was It is necessary to transform this hypothesis (…) into a condition for the implementation of the already acquired right to a bridging pension “- we read.

The second change relates to expanding the scope of the censorship it performs National Labor Inspectorate (PIP) – in connection with an employee complaint made pursuant to Art. 41 (6) of the Pension Bridging Act on the possibility of controlling the list of jobs in which work is performed in special circumstances or of a special nature.

The bill proposes expanding the functions of the NLI to include monitoring of the list maintained by the employer workstationsIn which work is performed under special conditions or of a special nature.

The entry into force of the proposed changes will result in the employee’s complaint in accordance with the amended Article. 41 paragraphs. 6 of the Pension Bridging Act, with objectively justified reasons, will achieve the desired effect (by placing the employee in the register of employees who perform Work in special conditions or of a special nature) when the position in which he performs his work is already on the list and when the employer does not include that position on the list.

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