Disability pension

ELIGIBILITY CRITERIA FOR THE ENTITLEMENT TO a DISABILITY PENSION FROM THE PENSION INSURANCE SYSTEM

OF THE SLOVAK REPUBLIC

Eligibility criteria for a disability pension

An insured person is entitled to a disability pension if

1) he/she is disabled and

2) he/she has achieved the required number of years within the pension insurance period and

3) as of the day of the occurrence of the disability he/she has not met the eligibility criteria for entitlement to an old age pension nor was he/she granted an early old age pension.

Required number of years within the pension insurance period

The required number of years within the pension insurance period for the occurrence of the entitlement to the disability pension is

a) less than one year if the insured person is younger than 20 years of age,

b) at least one year if the insured person is between 20 and 24 years of age,

c) at least two years if the insured person is between 24 and 28 years of age,

d) at least five years if the insured person is between 28 and 34 years of age,

e) at least eight years if the insured person is between 34 and 40 years of age,

f) at least ten years if the insured person is between 40 and 45 years of age,

g) at least 15 years if the insured person is over 45 years of age.

The number of years of pension insurance for the occurrence of the claim for disability pension is determined based on the period before the occurrence of the disability. The required number of years is not calculated in the case of an insured person who became disabled due to a work accident or occupational disease or to a natural person who became disabled in the period during which this person was a dependent child or a full-time doctoral student and did not reach the age of 26. To be entitled to a disability pension in this case, the insured person must fulfill the two remaining eligibility criteria, i.e., he/she is disabled and he/she has not fulfilled the eligibility criteria for entitlement to an old age pension nor was he/she granted an early old age pension as of the day of the occurrence of the disability.

The amount of disability pension of the insured person whose ability to perform gainful employment has decreased by more than 70% is calculated as the product of the average personal wage point, the period of pension insurance acquired as of the day of occurrence of the claim for disability pension to which the period from the occurrence of the claim for disability pension until the achievement of pension age and the current pension value valid as of the day of the occurrence of the claim for pension payment are added.

The amount of the disability pension of the insured person whose ability to perform gainful employment has decreased by not more than 70% is calculated as the product of the percentage decrease of the ability of the insured person to perform gainful employment, the average personal wage point, the period of pension insurance acquired as of the day of occurrence of the claim for disability pension to which the period from the occurrence of the claim for disability pension until the achievement of pension age and the current pension value valid as of the day of the occurrence of the claim for pension payment are added.

Entitlement to the payment of a disability pension

A person is entitled to the payment of a disability pension after fulfilling the eligibility criteria for a disability pension and submitting a disability pension claim and he/she remains entitled during the pension insurance period (for example during the performance of employment) after the granting of the pension.

A disability pension is not paid out during the period when the insured person is entitled to

• a wage replacement in the event of the temporary working incapacity of the employee or
• sickness benefits,

if the insured person claimed the early old age pension from the date of December 31, 2007 and if he/she became temporarily incapable for work before the date from which he/she claims this pension.

Limitation of action for a disability pension

Entitlement to the payment of a disability pension or its part falls under the statute of limitations after the expiration of a three-year period from the day on which the person began receiving the disability pension or its part. The given period does not begin to run during the disability pension proceeding or during the period in which the participant of this proceeding is dependant on a guardian but this guardian has not yet been appointed.

Termination of entitlement to a disability pension and its payment

Entitlement to the disability pension ends on the day of entry into force of a court ruling by means of which a disability pension beneficiary was lawfully convicted of an intentional crime due to which he/she became disabled.

The entitlement of a natural person who fulfilled the eligibility criteria for entitlement to a disability pension and the eligibility criteria for the payment of a disability pension ends on the day of his/her death, unless Act No. 461/2003 Coll. on Social Insurance as amended by later regulations states otherwise.

Claiming the disability pension

A proceeding on the claiming of a disability pension from the pension insurance system of the Slovak Republic begins on the basis of a written claim of a natural person (the claimant) who is claiming the pension and its payment.

If the claimant’s residence is on the territory of a different state, to which the coordination regulations of the European Union pertain, or on the territory of a contractual state, the request for disability pension from the pension insurance system of the Slovak Republic is in principle submitted through the institutions of the social insurance system of that state; this also applies to the situation if the claimant does not claim a pension from the pension insurance system of the state, on the territory of which he/she has his/her residence.

If the claimant’s residence is on the territory of a state, to which the coordination regulations of the European Union do not pertain, or which is not a contractual state, the request for disability pension from the pension insurance system of the Slovak Republic is claimed at the Headquarters of the Social Insurance Company in Bratislava; or the claimant can file for it by completing the form “Request for Pension Filled Abroad”  (see the Forms on slovak page: http://www.socpoist.sk/formulare-ohc/48016s).

 Documents necessary to claim the pension from the Pension insurance scheme of the Slovak Republic
 Declaration of Honor

Transfer of a disability pension

Pensions are paid in advance to a state, to which the coordination regulations of the European Union pertain, in regular monthly periods and always on the regularly repeated periodicity pay dates. In the case of a state, to which the coordination regulations of the European Union do not pertain, pensions are paid in regular three-month intervals always postponed after the submission of the “Life certificate of the pension beneficiary”.

The periodicity pay date is determined for each person who is granted a pension benefit by the Social Insurance Company Headquarters.

A disability pension may be transferred

• to the bank account (maintained in a domestic bank or the branch of a foreign bank) of the pension beneficiary
• in cash if the pension beneficiary so chooses, or
• to the account of the husband (wife) of the pension beneficiary maintained in a domestic bank or a branch of a foreign bank but only provided that the pension beneficiary submits a written claim, his/her husband (wife) as an account holder agrees with this type of transfer and the pension beneficiary has the right of disposal for this account during the time of his/her receipt of the pension.