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 -

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents