Text file: 1141.txt
author: "dvoj\u010Dek"
downvotes: 0
end consideration date: 2010-10-28
id: '1141'
number comments: 4
number views: 11677
proposal type: Competent authority response
response: 'Response from the Ministry of Health

  We agree that there may be difficulties for an insured person when his/her active
  status ends and he/she applies for retirement. The process of establishing eligibility
  for retirement, which involves collecting certain documentation and verifying that
  all the legal conditions for retirement have been met, may indeed be somewhat lengthy,
  but the employer has already deregistered the insured person from the compulsory
  insurance scheme. These are administrative procedures that are not already timed
  by law between compulsory health insurance and pension insurance in such a way as
  to make the transition virtually seamless for the insured person and without any
  material or other obligations. Given that we have statutory compulsory health insurance,
  no one can be excluded from compulsory health insurance or have their rights restricted
  or deprived as a result of a change of status. This also applies to persons whose
  active insured status has expired and who are awaiting a decision on their retirement.
  Thus, it is not the case that an insured person who wishes to retire loses his or
  her rights under compulsory health insurance as a result of a change in status,
  but rather that the situation is inadequately regulated, as a result of administrative
  procedures in the two branches of social security which are not coordinated in the
  relevant laws.  The solution to the problem has already been indicated by the Health
  Insurance Institution of Slovenia (hereinafter: ZZZS) in its instructions for the
  implementation of compulsory health insurance. Two practical solutions have been
  put in place. One is that insured persons who wish to retire should pay the contributions
  themselves on the date of termination of their employment, and thus lose their insured
  status, and thus temporarily have the status of an insured person under point 20,
  first paragraph, point 6(1) of Article 6(1) of the Act. They would then be reimbursed
  in full by the ZZZS after obtaining a positive decision from the Pension and Disability
  Insurance Institute (hereinafter: ZPIZ) granting them pensioner status. Another
  option, which is also already practically established, is that the former insured
  person, who has no income, is temporarily insured by the municipality under Section
  21 of the Act on Health Care and Health Insurance and pays the contributions for
  him/her, after which ZZZS, in the event of a positive decision on retirement, reimburses
  the contributions paid to the municipality.  The established practice of dealing
  with and regulating the status of persons who retire and can no longer be insured
  as employees is a way out. This issue will certainly need to be addressed more adequately
  through an amendment to the Law on Health Care and Health Insurance. A possible
  proposal in this direction would be that, as early as when the application for retirement
  is submitted, the Pension and Disability Insurance Institution should start to pay
  for these persons an advance payment of the contribution for compulsory health insurance
  on a provisionally fixed base, which could be the minimum or average wage in Slovenia
  in the previous year. When a decision on the person''s retirement is issued, the
  difference between the contributions paid and the contributions levied on the pensioner''s
  actual pension would be made by the ZPIZ and the ZZZS and the obligations between
  them would be settled. This would avoid any inconvenience that may arise for some
  active insured persons at the time of retirement.   '
response date: 2010-12-30
response due date: null
sent date: 2010-09-29
title: Termination of compulsory health insurance on retirement
upvotes: 10
url: https://predlagam.vladi.si/predlog/1141
