Text file: 297.txt
author: malancan
downvotes: 1
end consideration date: 2010-01-09
id: '297'
number comments: 5
number views: 5693
proposal type: Competent authority response
response: 'Response by the Ministry of Labour, Family and Social Affairs

  The current legal regime in force stipulates that pension and invalidity insurance
  entitlements are conditional on the status of the insured person and, in this sense,
  the pension is a continuation of the salary received by the insured person until
  his/her retirement. Retirement is not compulsory, and it is up to each individual
  to decide whether to retire or to continue working or pursuing an activity, as the
  insured status is not, as a rule, compatible with the pensioner status.

  Article 156 of the Law on Pension and Disability Insurance (Ur. l. RS, No. 109/2006
  - officially consolidated text, 112/2006 US Decree No. U-I-358/04-13, 114/2006-ZUTPG,
  10/08 ZVarDod - ZPIZ-1) thus requires that in order to be entitled to a pension,
  the person must meet the conditions of age and completed pensionable service, and
  must have ceased to be compulsorily insured. This means that if a pensioner starts
  to perform work or activity which results in his/her inclusion in the compulsory
  insurance, his/her pension will cease to be paid as long as he/she has the status
  of an insured person. Thus, according to Article 178(1) of the ZPIZ-1, a pension
  recipient who, in the territory of the Republic of Slovenia or abroad, resumes employment,
  is elected or appointed to a public or other office for which he or she receives
  a salary or remuneration in respect of the performance of that office, or begins
  to engage in an activity on the basis of which he or she is insured, acquires the
  status of insured person, and is not paid a pension during that period. Notwithstanding
  the above, in accordance with Article 178(2) of the Social Insurance Act, half of
  the pension shall be paid to the beneficiary if he is employed on no more than half-time
  basis. By employment is meant a working relationship.

  If the elements of an employment relationship exist, the parties to the contract
  (even where one of the parties is a pensioner) cannot choose whether or not their
  relationship is to be classified as an employment relationship. If the relationship
  between the parties is such that the elements of an employment relationship can
  be identified (an employment relationship is a relationship between an employee
  and an employer in which the employee voluntarily engages in an organised work process
  of the employer and in which he or she is paid, personally and continuously performs
  work under the direction and supervision of the employer), the contract between
  the parties is an employment contract and their relationship is an employment relationship,
  regardless of whether the parties have concluded an employment contract and regardless
  of whether they may have concluded any other civil law contract. The conclusion
  of an employment contract between a pension recipient and an employer thus results,
  in the light of Article 178(1) and (2) of the Social Insurance Act, respectively,
  in the non-payment of a pension or the payment of only half of a pension.

  If no employment relationship has been concluded because the elements for the existence
  of an employment relationship are not present, the law allows the pensioner to receive
  income in addition to the pension on the basis of civil contracts concluded.  However,
  the pensioner must insure himself against disability, physical impairment or death
  resulting from an occupational injury or disease and thus pay a flat-rate contribution
  for special cases of insurance.

  In this context, we would like to point out that the Ministry of Labour, Family
  and Social Affairs, as part of the labour market reform in 2010, is preparing a
  new regulation of the so-called "small work" also for pensioners, and for this purpose
  it has prepared expert bases and starting points for the preparation of the law
  on small work, which are published on the following website: http://www.mddsz.gov.si/fileadmin/mddsz.gov.si/pageuploads/dokumenti__...'
response date: 2010-01-27
response due date: null
sent date: 2009-12-11
title: Pensioners and work
upvotes: 10
url: https://predlagam.vladi.si/predlog/297
