requested the Ministry of Finance, Treasury to make the refund to the complainant. More
specifically, the complaint stated that the MoI did not decide upon the request for refund of
the funds which the complainant paid for the purpose of taking of the professional exam of
the license of officer, but did not take that exam because the legal entity where she was
supposed to enter employment terminated its operation. After the initiated procedure of the
Protector of Citizens, the funds were returned to the complainant.
Defense
During the reporting period, beneficiaries of military pensions contacted the Protector of
Citizens regarding the calculation of pensions in the most unfavorable manner and due to the
lack of the data about earnings, earnings compensation, basis of insurance for individual
calendar years.
The Law on Amendments to the Law on Pension and Disability Insurance160, which came into
force on 30th September, 2018, prescribes that for the calculation of the annual personal
coefficient in years for which there are no data on earnings, earnings compensation and
insurance basis, instead of average or the lowest or guaranteed earnings, which used to be the
case, the average annual personal coefficient of the insurance beneficiary is used. The same
law prescribes that the request for the alteration of the decision on pension in compliance with
the stated amendments to the Law on Pension and Disability Insurance, may be submitted
within one year since the day when this Law came into force. Pursuant to the stated, during
the reporting period complainants were informed on the possibility to contact by 30th
September, 2019 immediately the competent organizational unit of the Republic Pension and
Disability Insurance Fund with the request for the alteration of the decision on pension and
they are entitled to the new amount of the pension, according to the altered decision, since the
day when the mentioned law came into force.
In certain number of cases, when it comes to complaints with regards to the exercise of the
rights from labor relation, complainants most frequently contacted the Protector of Citizens
due to claims that senior officers of military personnel act contrary to the provisions of the
Regulation on the Assessment of Professional Military Personnel and there were complaints
regarding unrecognized rights to the payment of the contributions for the years of service of
insurance with increased duration. In such cases, complainants were referred to the Defense
Inspectorate, as the body competent for the performance of the inspection supervision of the
application of the law and other regulations which regulate labor relations.
Furthermore, during acting upon the complaint of a professional soldier with regards to the
assessment procedure, it was noticed that the allegations in the statement of the Defense
Inspectorate were not in compliance with the evidence provided by the complainant himself.
Namely, the conclusion of the Defense Inspectorate that in the specific case there was no basis
for taking further measures from the competence of this body was based on incorrect
information. With regards to the fact that in the specific case the assessment procedure was
already terminated and hoping that such action of the body was not the rule in operation but
an isolated case, the Protector of Citizens did not take other measures and activities from his
competence, but it was indicated to the Ministry of Defense to the existence of irregularities,
so that similar ones would not occur in future operation of the body.
In their contacting of the Protector of Citizens and during 2019 complainants presented claims
on illegality and/or irregularity in regulations which regulate the right to the compensation
160
“Official Gazette of RS“, no. 73/18.
- 88 -
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