The personal pension – a legal possibility or a subjective right?
- Autores: Maria Chochova
- Localización: Rights of citizens and their protection: Collection of reports and papers presented at the international scientific conference in honour of acad. Antonio Fernández de Buján y Fernández, Doctor Honoris Causa of New Bulgarian University, held on 6 November 2018, 2019, ISBN 978-619-233-079-8, págs. 553-561
- Idioma: inglés
- Enlaces
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Resumen
The Social Security Code establishes the possibility for the Council of Ministers, under certain terms and conditions govern by it, to grant pensions in exceptional cases to persons for whom some of the requirements of the Code haven’t been met. On the other hand, the Ordinance on pensions and insurance practice in the provision of Article 7, para. 2 stipulates that personal pensions may be granted to specifically listed categories of persons, who have not been granted a pension under the Bulgarian legislation or the provisions of the bilateral or multilateral international treaties to which the Republic of Bulgaria is a party. The report examines if the right for personal pension insurance is subjective right or it represents only a legal possibility in accordance to the current legal settlement. Issues, related to the possibility of judicial review of the acts of the competent authorities regarding the proposal and the granting of a personal pension itself, are also discussed.
