Helsinki Citizens' Assembly-Vanadzor

Citizen’s right to age labor pension restored due to HCAV support

September 13, 2023

Activities | Legal Support | Rights | Right to Property | Right to Social Security

On 11 May 2023, the RA citizen A.Gh. applied to HCA Vanadzor requesting legal counseling concerning violation of the right to social security.  

 

After attaining the right to labor pension, based on Article 9 of the RA Law on State Pensions (An old age labor pension shall be granted to any individual who has reached the age of 63, provided he or she has a length of service of 10 calendar years).,A.Gh. applied to the RA Ministry of Labor and Social Affairs Unified Social Service Vanadzor Territorial Center, stating that the relevant age labor pension had not been appointed.

 

She was rejected appointment of age labor pension based on the condition that the note made in her labor registration book was made with a deletion. No proper assessment was given to the note substantiating that the data corrections of the deleted note “are correct and correspond to reality”.

 

As a result, she was rejected entitlement to an age labor pension, since according to the study of the pension appointment department, her length of service was 8 years, which was not in line with the provisions established by the legislator.

 

With HCAV support, the decision on not appointing age labor pension was appealed to the superior body, noting that “the concept of ownership implies not only physical, but also some other property rights and interests, as well as the right to an indisputable claim subject to execution”.

 

Thus, in the sense of the RA Law on State Pensions, appointment of pension for natural persons is done based on the decision of the body authorized to appoint pensions as a result of administrative proceedings initiated based on a natural person’s application. That decision allows the relevant person to freely exercise their right to pension. The legislator clearly establishes that during the administrative proceedings initiated based on the application for having a pension appointed, the administrative body shall ensure comprehensive, full and objective investigation of factual circumstances in order to disclose existence or absence of all the compulsory conditions and requirements established under the RA Law on State Pensions for pension appointment.

 

However, the decision made as a result of the administrative proceedings initiated based on the citizen’s application for pension appointment was not one made as a result of comprehensive, full and objective investigation. With the support of HCA Vanadzor, the decision on not appointing age labor pension for A.Gh. was appealed. During the administrative proceedings, the administrative body conducted an additional study, as a result of which the omitted length of service was included in the work experience. 

 

Thus, on 25 July 2023, in the concluding phase of administrative proceedings initiated in the RA Ministry of Labor and Social Affairs, a decision was issued to appoint age labor pension for A.Gh. starting from the day she was entitled to receive it. At the same time, it was noted that the amount not paid for the previous period would be included in the list of future pension payments.

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