The Constitutional Court rejected the initiative for determination of constitutionality of the last pension reform Foto: MMC RTV SLO
The Constitutional Court rejected the initiative for determination of constitutionality of the last pension reform Foto: MMC RTV SLO

Another class-action lawsuit against Slovenia at the European Court of Human Rights is pending, following the cases of the erased, and Croatian and Bosnian Ljubljanska banka savers; this time because of the last pension reform which was unanimously adopted in 2012.

The Constitutional Court needed almost three years to adjudicate whether the last pension reform, more precisely the 27th Article of the Pension and Disability Insurance Act (ZPIZ), was constitutional or not.

The above mentioned article defines that years of pensionable service without additional purchase achieved through voluntary participation at the obligatory pension and disability insurance are not considered – i.e. the possibility to extend the pensionable service by purchasing additional years, e.g. during periods of unemployment, Those who had purchased years can retire early, but with certain deductions. Thus the purchased years don't have the same effect on the pension as the active pensionable service years.

The Association of Free Trade Unions of Slovenia (ZSSS) believes that approximately 22,000 to 24,000 individuals who had been contributing by themselves for their pensionable service as defined by the previous pension act, also because of unemployment, should be able to retire with full pensions. But since 2013, when the new pension reform became valid, that is not possible any more. Those who had bought years of pensionable service must postpone their retirement, or accept lower pensions.

Preparations for an appeal to the European Court of Human Rights
The largest Union central estimates that the mentioned constitutional decision has legalized the theft and deception, and they intend to appeal to the European Court of Human Rights. The secretary of the commerce workers' trade union at ZSSS Ladi Rožič explained for MMC that a meeting is scheduled for Monday, when they will discuss the future actions and that the appeal will be prepared, with the help of external expert, in the shortest time possible.
"The number of people it will involve changes. All those employed by Lidl, Hofer, and those who work shorter than full time hours are a part of the group suffering damage. I believe the number of the complainants will include more than 25,000 individuals," Rožič said.