| Abstract [eng] |
Analysis of Court Jurisprudence on Social Security Pensions State social insurance pensions are benefits that can be distinguished from other social benefits based on their nature and significance. These benefits have to provide maintenance for individuals, who are considered to be incapable of taking care of themselves financially due to their age. Speaking about state social insurance pensions, another theory states that pension is a reward for the whole life’s work. The analysis of court practices, related to state social insurance pensions, brought to light the fact that the major part of court practices over the last few years is disputes, regarding the recalculation of social benefits of the Republic of Lithuania, reduced state and state social insurance pensions for certain groups of individuals. The Constitutional Court of the Republic of Lithuania stated that the reduction of pensions, when there is a difficult economic situation in the country, does not violate the Constitution of the Republic of Lithuania, but in this case, reduced pensions can be paid temporarily – until the country is affected by the severe financial situation. In addition, the legislators must determine the mechanism to compensate the unpaid share of pensions for the beneficiaries who lost this share during the certain period of time. It should be noted that beneficiaries, who had the insured income (worked or were engaged in certain business) at the same time, were the most affected by this law. By providing the conclusion on the recalculation of social benefits of the Republic of Lithuania and the conformity of provisions of the temporary law on payment, the Constitutional Court of the Republic of Lithuania has indicated that the legislators cannot determine such regulation, which would force a person to choose whether to work, be engaged in certain business and receive a reduced social insurance pension or be unemployed, not engaged in any business and receive a better state social insurance pension. A number of other cases, related to state social insurance pensions, is insignificant. It was noticed that courts also face disputes, related to the determination of the standing of state social insurance pensions and insured income, as well as other disputes, regarding state social insurance pensions. |
