Another unresolved issue identified by the People's Advocate refers to the provisions of Art. 6
of Law no. 289 of 22.07.2004 on temporary incapacity for work payments and other social
insurance benefits, according to which the insured person can benefit from the right to social
insurance benefits only if he/she confirms a contribution period of at least 9 months in the last 24
months preceding the date of occurrence of the insured risk.
In such circumstances, the People's Advocate considers unjustified the requirements
established in Law no. 289/2004, considering that in case of occurrence of the insured risk the
person remains without sources of existence, in the conditions in which the salary is the only source
of existence. Moreover, the situation of temporary incapacity involves additional treatment costs.
At the same time, it should be mentioned that, as a result of the reform of the Police activity,
civil servants with special status also fall under the incidence of this law, who are daily exposed to
an increased risk of getting sick by virtue of their functional attributions.
The Ombudsman recalls that one of the basic principles of the public social insurance system
in the Republic of Moldova is “the principle of social solidarity, inter- and intra-generational,
according to which the participants in the public system consciously and reciprocally assume
obligations and enjoy the right to prevent, limit or eliminate the social risks provided by law."75
The People's Advocate maintains his own recommendation addressed to the Ministry of
Health, Labour and Social Protection regarding the revision of the provisions of Article 6 of Law
no. 289/2004 so that any insured person can benefit from the right to social security.
During the reference period, the People's Advocate submitted to the Government and the
Parliament the proposal 76 to amend the provisions of Art. 60 of Law no. 1544/1993 on the pension
insurance of the military and of the persons from the command corps and from the troops of the
internal affairs bodies and within the General Inspectorate of Carabinieri, so as to exclude the
prohibition of paying the pension to persons who establish their place of residence abroad.
Although the Government rejected the proposal in question, the People's Advocate further
recommends re-examining this issue and revising the above-mentioned provisions.
In support of the above, the People's Advocate draws attention to the fact that the
Constitutional Court in Decision no. 10 of May 8, 2018 declared as unconstitutional the similar
75
76
Art.3, letter c) of Law no. 489 of 08.07.1999 on public social insurance system;
Letter of the People's Advocate no. 14-2 / 14 of 30.07.2019;
46
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