PRINCIPLE OF (NON) CUMULATION, THAT IS, ABOUT THE CONFLUENCE OF THE RIGHT TO A RETIREMENT PENSION FROM THE GENERAL AND MILITARY SYSTEMS

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 707-716
Author(s):  
Justyna Czerniak-Swędzioł
Keyword(s):  
Social Insurance ◽  
Social Protection ◽  
General System ◽  
Social Solidarity ◽  
Pension Insurance ◽  
Social Insurance System ◽  
Retirement Benefits ◽  
Retirement Pension ◽  
Constitutional Principle ◽  
The Right

Professional soldiers have their own social security system, separate from the general social insurance system, which provides social protection in the event of long service, total incapacity to serve and the death of the breadwinner (pension benefits). At the same time, a professional soldier can accumulate and receive two pensions from different systems, ie universal and reserve. However, the principle of accumulation of benefits based on the applicable provision is dedicated to a narrow group of entitled persons. The principle of non-cumulation is considered to be the basic and dominant one. It is an expression of the principle of risk solidarity in force in social insurance law and is not inconsistent with the constitutional principle of equality expressed in Art. 32 of the Polish Constitution. In the event of the overlapping of the right to several benefits specified in the Act, the pension authority is obliged to pay only one (higher) benefit, even if this right results from various acts, and the possibility of combining benefits must be clearly indicated in the provisions of law. Separation of the insurance and supply system allows each of these systems to fulfill separate obligations towards professional soldiers, not related to the general system. Maintaining the principle that for the same period of retirement pension insurance, two retirement benefits cannot be awarded simultaneously (Article 5 (2a) (2a) of the Pension Act). The exception to the principle of non-accumulation (ie the principle of collecting one benefit) in the case of a professional soldier remaining in service before January 2, 1999 is not determined by the date of admission to service, but the lack of the possibility to calculate the military pension taking into account the “civil” retirement age. The convergence of the right to benefits (from the general and military pension) with the parallel occurrence of these events is contrary to the constitutional principle of social justice. It is not socially just to deprive an insured person who has met the statutory requirements of the right to benefits solely on the basis of social solidarity. In such situations, a significant part of the retiree’s professional life is not reflected in the amount of received retirement benefits.

Developments in the Swedish Early Retirement Scheme: The Drive Against High Welfare Expenditure and Ill-health

1995 ◽  
Vol 24 (2) ◽  
pp. 193-217
Author(s):  
Bo Carlsson
Keyword(s):  
Early Retirement ◽  
Social Insurance ◽  
Social Insurance System ◽  
Retirement Pension ◽  
The Social ◽  
Points Of View ◽  
The Right ◽  
Welfare Model ◽  
Shed Light ◽  
High Welfare

ABSTRACTThe social insurance system has been an important element in the Swedish welfare model. However, in Sweden as in other Western countries there is an ongoing discussion about the rationality of the post-1940 welfare state. A social right or benefit constantly debated is the right to an early retirement pension. The value of such an early retirement pension has been questioned from economical as well as social or human points of view. The purpose of this article is to shed light on different processes behind the increasing number of early retirement pensioners and on the ongoing rehabilitation programmes in Sweden. A question that will arise: Is there a possible margin of gains from the interventions of the rehabilitation programme?

scholarly journals Student Opinions about their Retirement Future

2019 ◽  
Vol 14 (4) ◽  
pp. 357-368 ◽  
Author(s):  
Maria Płonka
Keyword(s):  
Social Insurance ◽  
Social Protection ◽  
The Elderly ◽  
Social Solidarity ◽  
Full Time ◽  
Pension Insurance ◽  
Care For The Elderly ◽  
Part Time Students ◽  
Part Time ◽  
Open Question

The paper aims to identify respondents’ attitudes to and awareness of the retirement age and social protection, as well as their expectations with regard to educational activities in this area. The research was carried out in 2018, using an anonymous PAPI type interview on a non-random sample of economics students (N = 703 people) who were either full-time or part-time students. The detailed objectives of the analysis were related to the following issues: – elementary knowledge of social insurance (an open question), – attitudes towards future retirement, care for the elderly, and social solidarity (semantic differential technique combined with the Likert scale), – expectations and opinions regarding the attractiveness and importance of social insurance as a subject of education (techniques as above), – the desire to deepen knowledge in this area (a dichotomous question). The conducted research has shown that despite a lack of expressive attitudes towards social and pension insurance, respondents were interested in deepening their knowledge in this area. This implies the need to create teaching programmes that would broaden this knowledge and build a new insurance awareness based not on demanding attitudes but on the conviction that the retirement future is created independently of the existing system and institutions

scholarly journals Fundamentos constitucionais da proteção social: continuidades e ruturas

2016 ◽  
Author(s):  
Ana Rita Ferreira ◽  
Daniel Carolo ◽  
Mariana Trigo Pereira ◽  
Pedro Adão e Silva
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Social Protection ◽  
Political Action ◽  
The Political ◽  
Constitutional Court ◽  
Universal Principles ◽  
The Social ◽  
Political Choices ◽  
The Right

This article discusses the ways in which the Constitution of the Portuguese Republic has embodied to the political choices made during the process of creating and defining a democratic welfare state and how the various constitutional principles are reflected in the architecture of the system and have gradually changed over the years. The authors argue that when Portugal transitioned to democracy, unlike other areas of the country’s social policies the social security system retained some of its earlier organising principles. Having said this, this resilience on the part of the Portuguese system’s Bismarckian template has not prevented social protection from expanding here in accordance with universal principles, and has given successive governments manoeuvring room in which to define programmatically distinct policies and implement differentiated reformist strategies. The paper concludes by arguing that while the Constitution has not placed an insurmountable limit on governments’ political action, it has served as a point of veto, namely by means of the way in which the Constitutional Court has defended the right to social protection, be it in the form of social insurance, be it in the imposition of certain social minima.

DETERMINANTS CHARACTERIZING WORK IN SPECIAL CONDITIONS

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 367-377
Author(s):  
Katarzyna Szlachta-Kisiel
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Indirect Evidence ◽  
Current Position ◽  
Retirement Pension ◽  
Insurance Law ◽  
The Right

The situation of the applicant applying for a retirement pension for work in a special conditions while not possessing the required work certificate confirming such a circumstance raises numerous interpretative doubts for each party to the proceedings. Determining whether a job is or is not a job in special conditions based on indirect evidence is a very common challenge which the Labor and Social Security Courts currently have to face. In this study I have characterized the premises whose combined existence allow for the assumption that a given work can be considered as performed in special conditions. On the basis of legal acts, the current position of doctrine and judicature, as well as taking into account the specificity of social insurance law norms, I indicate determinants characteristic for work in special conditions, the determination of which is crucial for the applicant’s acquisition of the right to retirement.

scholarly journals Financial provision of Poland’s social insurance: security aspect

2021 ◽  
Vol 2021 (1) ◽  
pp. 117-126
Author(s):  
Taras ТOKARSKYI ◽  
Keyword(s):  
Interest Rates ◽  
Social Insurance ◽  
Deep Understanding ◽  
Economic Security ◽  
Western World ◽  
Pension Insurance ◽  
Social Insurance System ◽  
The Social ◽  
Family Benefits ◽  
The Republic

The article analyzes the general principles of financial security of social insurance in the Republic of Poland under the prism of economic security of the state. Attention is paid to social priorities, which are indicators of democratization of the country, the need to develop a deep understanding of the social system as its driving force. Design models of financial provision of social insurance civilized Western world can be a way to build a European state, which formed the basis of insurance in Ukraine. Using projected national capacity to change the social insurance system in Ukraine does not always find confirmation of its effectiveness. Therefore, in practice, is a valuable experience for us close mentality of countries, including the practice of social insurance in Poland. Provided formed their own development potential of the social priorities of stimulating the experience of others to accelerate the European integration processes, promote the establishment of friendly relations with foreign partners. Stress on the analysis of the system of financing social security in Polish Republic interesting that detailed income and expenditure for payments that are financed by the Fund, that it comes to payments from the pension fund of fund disease and to fund accidents and family benefits payments health care and unemployment benefits. Separately, there are benefits from social insurance for farmers. Noted that the basis for social insurance in the Republic of Poland rests justice as a fundamental component of all democratic processes: interest rates for contributions for social and pension insurance are the same for all insured.

scholarly journals Macroeconomic Implications of Changes in Social Security Rules

2017 ◽  
Vol 6 (1) ◽  
pp. 1-20
Author(s):  
Bilal Bagis
Keyword(s):  
Social Security ◽  
Capital Stock ◽  
Social Insurance ◽  
Social Security System ◽  
Security System ◽  
Retirement Age ◽  
Social Insurance System ◽  
Retirement Benefits ◽  
Positive Effects ◽  
Recent Reform

The Turkish social insurance system has been feverishly debated for years, particularly through its burden on the economy. The most recent reform is an attempt to neutralize the deterioration within the social security system and its effects on the economy. After the recent reform, ‘the way that retirement benefits are calculated’ is changed unfavorably for workers and the minimum age for retirement is increased. In particular, for an agent with 25 years of social security tax payments, the replacement rate is down from 65 percent to 50 percent. On the other hand, retirement age is up from 60 to 65. The aim of this paper is to investigate the macroeconomic effects of these changes using an OLG model. The author’s findings indicate that labor supply, output and capital stock increase when changes above are applied to the benchmark economy calibrated to the Turkish economy data in 2005. A critical change with the current reform is that the marginal benefit of working has become uniform over ages. In a simulation exercise, the marginal retirement benefit in the benchmark economy is changed to be uniform over ages while keeping the size of social security system unchanged. As a result, the benefit of retiring at a later period increases. However, uniform distribution of the marginal benefits itself decreases both the capital stock and output of the economy. Increasing the retirement age has positive effects on the economy since agents obtain retirement benefits for fewer years and at an older age.

scholarly journals THE ROLE OF SOCIAL AND PERSONAL INSURANCE IN PROVIDING PUBLIC WELFARE IN UKRAINE

2020 ◽  
pp. 51-64
Author(s):  
Mykhailo KRUPKA ◽  
Iryna PRYIMAK ◽  
Bohdana VYSHYVANA
Keyword(s):  
Health Care ◽  
Health Care System ◽  
Social Insurance ◽  
Social Protection ◽  
Public Welfare ◽  
Pension Insurance ◽  
The Social ◽  
Personal Insurance ◽  
Care System

Introduction. Achieving public welfare is impossible without an effective social protection system, which combines pension insurance, social insurance, health care, as well as material support in difficult life situations. Low budget funding for social protection of population necessitates the use of insurance instruments to neutralize major social risks. However, the role of social and personal insurance in the financial provision of social protection remains insufficient, and its potential in improving the welfare of Ukrainians is underestimated. However, the role of social and personal insurance in the financial provision of social protection remains insufficient, and its potential in improving the welfare of Ukrainians is underestimated. The purpose is to define the role and outline the prospects for the development of social and personal insurance in the context of ensuring public welfare in Ukraine. Results. The essence and main components of social welfare are revealed. It was found that the level of well-being of Ukrainians is ten times lower than in European countries. There are the main negative factors which influence the social protection system defined, in particular: low income and rising expenditures of the Pension Fund of Ukraine and the Social Insurance Fund of Ukraine, the widespread practice of minimizing SSPs by refusing to enter into classic employment contracts in favor of civil agreements with individual entrepreneurs, reduction of the number of insured persons working for hire, high level of labor emigration of Ukrainians. The health care system impact on the growth of public welfare in Ukraine is analyzed. The inefficiency of the current financial support model of the health care system is substantiated, which makes it necessary for households to pay for most of the cost of medical services. Tendencies in the development of the domestic health insurance market are highlighted. Perspectives. It is proposed to revise the principles of building accumulative pension insurance and introduce a budget-insurance model of financing the health care system, which will help to improve the welfare of the population of Ukraine.

Social insurance – guarantee of the right of citizens to social protection due to accidents and occupational diseases on the manufacturer

2020 ◽  
pp. 41-45
Author(s):  
O. Soroka
Keyword(s):  
Social Services ◽  
Occupational Diseases ◽  
Social Insurance ◽  
Social Protection ◽  
Social Rights ◽  
Main Body ◽  
Material Support ◽  
Wide Range ◽  
The Right ◽  
Compulsory State

Problem setting. In the transition to a market economy, social rights acquire a fundamentally new meaning, as they are designed to guarantee radical changes in the socio-economic situation of man as a participant in market relations. The Constitution of Ukraine reflects a wide range of social rights of a person and a citizen to work, leisure, social protection, health care, medical care, health insurance, family protection, childhood, motherhood and fatherhood, education, etc. One of the central and universally recognized in the system of social rights of citizens is the right to social protection, the requirement of which is embodied in international acts ratified by Ukraine. The right to social protection is guaranteed by the obligatory state social insurance at the expense of insurance contributions of citizens, enterprises, institutions and organizations, budgetary and other sources of social security, as well as the creation of a network of state, municipal and private institutions for the care of the disabled. Without these guarantees, this right becomes an intention (wish) in the relevant field, has no practical value either for the individual or for society as a whole. Analysis of recent researches and publications. Issues of social insurance were the subject of research by such scientists as V. M. Andriyiv, D. V. Bozhko, N. B. Bolotina, M.M. Klemparsky, O. L. Kuchma, K. Yu. Melnyk, O. V. Moskalenko, P. D. Pilipenko, S.M. Prilipko, V. I. Prokopenko, O. I. Protsevsky, S. M. Sinchuk, I. M. Orphan, B. I. Stashkov, O. V. Tishchenko, L. P. Shumna, M. M. Shumylo, O. M. Yaroshenko, and others. Target of research to consider compulsory state social insurance as a guarantee of the right of citizens to social protection due to accidents and occupational diseases at work. Article’s main body. The main guarantee of a person’s right to social protection due to accidents and occupational diseases at work is compulsory state social insurance. The task of social insurance against accidents at work and occupational diseases that have caused disability is to carry out preventive measures aimed at eliminating harmful, dangerous production factors; prevention of accidents at work, other cases of threat to the health of the insured, caused by working conditions; restoration of health and working capacity of victims at work; compensation for damage related to the loss of insured persons’ wages or the relevant part of it during the performance of their duties, provision of social services in connection with damage to health, as well as in the event of their death, making insurance payments to incapacitated members families. Confirmation of the central place of social insurance against accidents and occupational diseases at work in the system of guarantees of the right of citizens to social protection can serve as indicators of the cost of material support in this area. Conclusions and prospects for the development. As a result of studying the place and role of compulsory state social insurance in the system of guarantees of the right of citizens to social protection due to accidents and occupational diseases at work, we can state that the right to social protection is one of the central and universally recognized social human rights. Compulsory state social insurance is the main material guarantee of the realization of the right of citizens to social protection due to accidents and occupational diseases at work. Its main essence and purpose are to receive the insured person in the event of an insured event from the insurer of material support (temporary disability benefits, burial) and social services (payment for treatment in the rehabilitation departments of the sanatorium after illness and injury) at the expense of the insured.

scholarly journals ASIF in Poland in the light of national budget expenditure since 1991. Justification functioning system separateness among the EU countries

Management ◽  
2014 ◽  
Vol 18 (2) ◽  
pp. 204-214
Author(s):  
Andrzej Czyżewski ◽  
Anna Matuszczak
Keyword(s):  
Social Insurance ◽  
Social Protection ◽  
European Network ◽  
Social Insurance System ◽  
National Budget ◽  
The Social ◽  
Protection Systems ◽  
Social Protection Systems ◽  
The Eu ◽  
Budget Expenditure

Summary The purpose of this article was to show that the existence of ASIF, as an important element of the social insurance system for farmers in Poland is not unique on a European scale. There were shown relationships ASIF with the budget and the characteristics of social insurance of farmers in selected countries of the European Network of Agricultural Social Protection Systems (ENASP)

Social Security Policy and the Working Class in Twentieth-Century Brazil

1977 ◽  
Vol 19 (1) ◽  
pp. 35-60 ◽  
Author(s):  
James M. Malloy
Keyword(s):  
Twentieth Century ◽  
Security Policy ◽  
Social Insurance ◽  
Social Protection ◽  
Federal Budget ◽  
The State ◽  
Political Life ◽  
Social Insurance System ◽  
The Public ◽  
Role Of The State

A crucial feature of political life in twentieth-century Brazil has been the growing role of the state as the central regulator of social, economic, and political life. One aspect of the expansion of the public sector in Brazil, as elsewhere, has been the accumulation by the state of a number of important social and economic functions previously exercised outside the public domain. One important function adopted by the state in Brazil is that of social protection, in the form of an elaborate and complex social insurance system. Presently some form of social protection reaches almost the entire rural population and some 78 percent of the urban population. The main social protection organization—Instituto Nacional da Previdência Social (INPS)— boasts the second largest budget in the nation (in 1975 CR $43 billion in contrast to the federal budget of Cr $113 billion) and a bureaucracy of over 102,700 employees.

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