ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
After the Ombudsman's inquiry, the Ministry submitted a decision of the second instance body
which decided on the complainant's appeal, which successfully completed the procedure.
6.2. Pensions
In 2019 the Ombudsman received 217 complaints regarding violations of pension insurance rights.
A total of 11 recommendations were issued. The registered complaints referred to the length of the
proceedings in the first and second instance regarding the recognition of the right to a pension, as
well as certain irregularities in the calculation of the monetary amount of pensions. In addition,
the problem is the slow procedures for recognition and exercise of rights if the complainant has
worked in other countries, i.e. procedures related to the recognition of a proportionate part of the
pension, which is borne by different insurance providers, in accordance with social security
agreements Bosnia and Herzegovina has signed with other countries.
Example: 197 In her complaint the complainant designated the Pension and Disability Insurance
Fund of the Republika Srpska as the responsible party for the violation of the right to a family
pension. The complainant states that the judgment of the Regional Court in Banja Luka in the
administrative dispute upheld her lawsuit, annulled the disputed act of the responsible party and
returned the case for retrial. The complainant claims that the Pension and Disability Insurance
Fund of the Republika Srpska exceeded the deadline as it has the obligation to immediately, and
no later than within 30 days from the day of delivery of the said judgment, pass a new
administrative act. At the written request of the Ombudsman, the responsible party submitted a
statement claiming, among other things, that they processed the mentioned case and issued an
appropriate decision, which successfully completed the procedure.
Example: 198 The Ombudsman processed a case in which the complainant identified the the
Pension and Disability Insurance Fund of the Republika Srpska, Banja Luka Branch Office as the
responsible party for the violation of his right to pension. In his complaint he claim that he
addressed the Fund with a request for a pension on 03 October 2018, but until the moment of
addressing the Ombudsman, he did not receive any answer to the submitted request. At the written
request of the Ombudsman, the Banja Luka Branch Office informed Ombudspersons that they
duly requested confirmation of the length of service from the Republic Fund of Serbia under the
bilateral agreement and in the form provided for in the said agreement, but did not get any answer
even after the multiple urgencies. After that, the Ombudsman sent a letter to the Protector of
Citizens of the Republic of Serbia, to address the Republic Pension Insurance Fund of the Republic
of Serbia within his competence and request confirmation of length of service on a form SRB-BIH
205. The Protector of Citizens of the Republic of Serbia informed the Institution that the competent
Fund provided it with confirmation of length of service completed in the Republic of Serbia. After
a while, the complainant informed the Ombudsman that he received a decision of the Banja Luka
Branch Office according to which he realized his right to a proportional part of the old-age
pension.
197
198
Ž-LI-04-79/19
Ž-BL-04-72/19
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