According to Article 32.2 of the "Labor Pensions" law, the labor pension for disability is assigned for the disability period determined by the Ministry of Labor and Social Protection of the Population upon the individual's application, while for persons who have reached retirement age, it is assigned for life.
In Azerbaijan, the retirement age is 65 for men and 64.5 for women. The limited disability period varies between 1, 2, and 5 years. When that period ends, disability is reassessed, and cases of pension payment suspension are also recorded at that time.
Sometimes pension suspension also affects persons who have reached retirement age. However, there is a decision by the Supreme Court of Azerbaijan that establishes a unified judicial practice regarding lifelong assignment of labor disability pension for persons who have reached retirement age during the disability period. According to the decision, if a person reaches retirement age during the disability period and the disability status is valid at that time, the labor disability pension must be assigned for life (without a term) and no additional application is required for this.
The Supreme Court notes that Article 32.2 of the "Labor Pensions" law imperatively provides for lifelong assignment of labor disability pensions to disabled persons who have reached retirement age, meaning it is mandatory, and the reassessment of disability or additional application by the person is not stipulated as a condition: "Although a person’s disability pension was previously assigned for a definite period, if that person reaches retirement age during that period, the right for lifelong pension assignment arises. The realization of this right cannot be restricted by additional formal procedures."
Medainaews.az site cited the chairman of the Citizens’ Labor Rights Protection League, Sahib Mammadov, who said that it is no secret that among persons whose disability has been reassessed and whose pension payments have been suspended when their disability period expired, there are citizens who have reached retirement age: "Yes, such a practice exists. Let's say a person has a right to a disability pension. Upon reaching 65 years of age, they acquire the right to receive old-age labor pension. However, due to lack of accumulated capital or insurance record or other reasons, instead of an old-age labor pension, they were assigned an old-age allowance. But the Supreme Court made a decision that this approach is incorrect and hence a new practice was established. Since the concept of judicial precedent has not been fully formed in our country, each citizen facing a similar case must take individual steps and resort to legal actions."
A citizen should first apply to the State Social Protection Fund demanding the restoration of their pension. If denied, they should file a complaint with the Administrative Court citing the Supreme Court’s above-mentioned generalizing decision and practices. This way it is possible to secure the pension right. Perhaps in the future amendments will be made to the "Labor Pensions" law envisaging the application of other mechanisms and a different situation may arise. For now, such changes do not exist and using the mentioned legal path is the most effective option."
Naile Gasimova,
Medainaews.az