I assure you, I am in Armenia

As is known, the pension is paid in cash and non-cash ways.

If there is no problem with the provision of the pension amount when paying the pension in cash, then it is different in the case of providing the pension amount in cashless way.

According to Article 35 of the RA Law “On State Pensions”, a pensioner who receives a pension in a non-cash way (in the case of a minor or a pensioner under guardianship, the pensioner’s legal representative – parent, adopter or guardian) is obliged to continue paying the pension at least once a year, for the last time no later than the last working day of the twelfth month following the month of appearing at the bank, appear at the bank and sign a statement in the Republic of Armenia about being

And what to do if pensioners cannot come to the bank at least once a year due to locomotion or other problems causing impossibility (for example, having mental health problems, but not recognized as incapacitated according to the established procedure) or, at least, not being in RA for a period of more than 12 months and In case of objective obstacles to return to RA (mainly health problems), pensioners are deprived of their unpaid pension in full (except for the month preceding the application submission). from 12 months, for an earlier period) from the opportunity to receive.

The human rights defender of RA expressed his concern regarding this problem in his annual report “On the activities of the human rights defender, the state of protection of human rights and freedoms”.

In response to the question presented by the defender, the Ministry of Labor and Social Affairs clarified that in order to facilitate the fulfillment of the legal requirement for the pensioner to sign a statement certifying his presence in the Republic of Armenia, the amendment to the Law “On State Pensions” in 2022 established that the pensioner’s presence in the Republic of Armenia may be approved by the pension awarding department on any written application submitted by the pensioner in person on the basis of. According to the Ministry, during the organization of the pension payment process, the legislation does not provide for the social security authorities to accept applications through home visits.

On the other hand, the decision of the RA Government No. 284 of March 12, 2020 stipulates that the beneficiary’s presence in the Republic of Armenia can be confirmed by the bank even without his presence at the bank, if the beneficiary’s presence in the Republic of Armenia is confirmed by the bank, a bank employee: By visiting the location of the beneficiary in the Republic of Armenia or in accordance with its internal procedures, using information technology means (confirming the presence of the beneficiary in the Republic of Armenia).

The Ministry of Labor and Social Affairs itself admits to receiving many complaints about the problem, which the Ministry claims are not counted.

However, in case the beneficiary does not appear at the bank, the home visit by the bank employee, as well as the confirmation of the fact that the beneficiary is in the Republic of Armenia using information technology means, is within the discretion of the bank.

The European Court of Human Rights, as well as the Constitutional Court of the Republic of Armenia, have repeatedly confirmed the fact that the funds to be provided to the pensioner are his property, therefore, the pensioner has the right to use, possess and dispose of these funds at his discretion. According to the high courts, at least once a year even the fact of not appearing at the bank cannot prove that the pensioner has performed any action aimed at giving up the funds belonging to him by right of ownership.

In turn, the RA human rights defender emphasizes that it is necessary to take as a basis the fact that the payment of a pension is practically a means of transferring the property to the owner, therefore, failure to fulfill the obligation set for ensuring the continuity of the payment of the pension cannot deprive a person of the legal opportunity to receive the unpaid pension in full.

The state allows the continuation of a major systemic problem, thus violating the internationally recognized and protected social right of a person to manage his own property. It should become a constant benchmark for the state to fully assume the scope of its positive obligations in relation to the solution of these and other problems and not assign discretionary functions to administrative bodies. entrusting himself to bear the burden of ensuring human rights alone.

Funded by the Federal Office of Foreign Affairs.

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