The Supreme Court of the Republic of Azerbaijan has adopted a landmark decision protecting the social rights of persons with disabilities. According to the new unified judicial practice, labor pensions for persons who reach retirement age during their period of disability must be designated as indefinite (for life).
The Operative Information Center-OMM was informed of this development by the court authorities.
Details of the court case: Why was the disability pension suspended?
According to the circumstances of the case, the plaintiff had been receiving a Group II disability labor pension as a civil servant since 2017. This pension was assigned for the duration of the disability and was paid until July 2022, at which point payments were terminated.
The plaintiff argued that since they had reached the statutory retirement age, the assigned labor pension should be considered indefinite, and requested the restoration of the suspended payments.
However, the respondent administrative body rejected the request, citing that the citizen's insurance seniority was less than 25 years and their civil service seniority was less than 15 years.
Court rulings: What did the Court of Appeal and Supreme Court decide?
While the court of first instance rejected the citizen's complaint, the Court of Appeal overturned this decision and satisfied the claim. The court concluded that the pension must be regarded as indefinite.
The Supreme Court, after reviewing the cassation appeal filed by the respondent agency, upheld the appellate court's decision. The ruling explicitly stated that if a person reaches retirement age during the period of disability and their disability status is active at that moment, the pension must be assigned for life. No additional application is required for this process.
Legal requirements: Is an additional application necessary?
The Administrative Chamber of the Supreme Court provided an extensive analysis of Article 32.2 of the Law "On Labor Pensions" in its ruling.
The court emphasized that the legislation imperatively (mandatorily) provides for the lifetime assignment of pensions to persons with disabilities who have reached retirement age. In such cases, a reassessment of disability or an additional application by the individual is not a prerequisite.
The only fundamental conditions required are that the person reaches the retirement age established by law and possesses an active disability status at that time. Even if the pension was previously assigned for a specific term, the realization of this right cannot be restricted by additional formal procedures.
Obligations of administrative bodies: Protecting social security rights
The decision specifically highlighted that ensuring pension rights is a direct official duty of the administrative body. Under the principles of the Law "On Administrative Proceedings", state agencies must investigate not only circumstances against an individual but also those in their favor. Agencies are required to explain the rights and duties of citizens and ensure the application of the law on their own initiative.
In conclusion, the court stated that formal requirements not directly stipulated by law (such as the demand for an additional application) cannot serve as a basis for denying a citizen's right to social security. This ruling aims to streamline the transition from disability benefits to retirement pensions in Azerbaijan, ensuring greater financial stability for vulnerable populations.
In recent years, the Republic of Azerbaijan has implemented significant social reforms aimed at improving the welfare of its citizens. The judicial system plays a crucial role in this process by ensuring that administrative bodies adhere strictly to the spirit of the law, particularly regarding the protection of social insurance and pension rights for the elderly and those with physical limitations.
