The Administrative Collegium of the Supreme Court of the Republic of Azerbaijan has adopted a decision establishing a unified judicial practice regarding the indefinite assignment of a disability pension for a person who has reached retirement age during the period of disability.
Modern.az reports, citing information from the Supreme Court, that according to the circumstances of the case, the plaintiff had been receiving a disability pension for Group II disability as a civil servant since 2017, and this pension was assigned for the period of disability and paid until July 2022. Payment was suspended from that date. The plaintiff, citing having reached retirement age, demanded that the disability pension assigned to him be considered indefinite and that the suspended payments be reinstated. However, the respondent administrative p rejected the application, stating that his insurance period was less than 25 years and his civil service period was less than 15 years.
Subsequently, although the complaint of the person who applied to the court was rejected by the court of first instance, the court of appeal overturned this decision, granted the claim, and concluded that the pension should be considered indefinite. The respondent filed a cassation appeal against that decision.
The Supreme Court upheld the decision of the court of appeal by not granting the cassation appeal. The decision stated that if a person reaches retirement age during the period of disability and the disability status is valid at that moment, the disability pension must be assigned for life (indefinitely), and no additional application is required for this.
In its decision, the Judicial Collegium extensively analyzed Article 32.2 of the Law “On Labor Pensions” and stated that that norm imperatively provides for the lifelong assignment of a disability pension to disabled persons who have reached retirement age, and in this case, the re-evaluation of disability or an additional application by the person is not specified as a condition. As evident from the text of the Law, the main condition required is that the person reaches the retirement age established by law and that the disability status exists at that moment.
The Judicial Collegium also noted that even if a disability pension was previously assigned to a person for a certain period, if they reach retirement age during that period, their right to a lifelong pension arises. The realization of this right cannot be restricted by additional formal procedures.
The decision emphasized that ensuring pension rights is an official duty of the administrative p. According to the principles of the Law “On Administrative Proceedings”, the administrative p must investigate not only circumstances against the person but also those in their favor, explain their rights and obligations, and ensure the application of the law on its own initiative. Formal requirements not directly stipulated in the Law cannot serve as a basis for refusing the exercise of a person's right to social security.
In this regard, the Court did not consider the requirement for an additional application to be consistent with the content of the law.
