The Association of Lawyers of Montenegro called on the relevant ministry, i.e. the Government, to prepare amendments to the Law on Pension and Disability Insurance as soon as possible, in cooperation with social partners, which would include the provision of a single age limit for exercising the right to an old-age pension, with a minimum insurance period of 15 years. They warn that by abolishing the provision of the Law on Pension and Disability Insurance, men at the age of 66 may be left without a job and without a pension.
“Due to the decision of the Constitutional Court which repealed the provision of the Law on Pension and Disability Insurance, and which provided that the right to an old-age pension can be exercised by a man insured when he reaches the age of 66 and a woman when she reaches the age of 64 and has 15 years of insurance experience, we point out that the said decision will result in discrimination against men, with much more dangerous consequences compared to the reasons that the Constitutional Court stated in the explanation of its decision”, according to the Association of Lawyers of Montenegro.
They explain that this is due to the fact that after the repeal of Article 17, paragraph 1, the insured – a man (if he did not work in the sectors of the metal processing and mining industry; in jobs where seniority is calculated with increased duration in the sectors of defense, security and enforcement of criminal sanctions or if is not the parent of a child with severe developmental disabilities who is a beneficiary of personal disability allowance), can exercise the right to an old-age pension only if he cumulatively fulfills the two conditions – 40 years of insurance experience and 61 years of age.
They note that in accordance with the Labour Law, the employment relationship ends by force of law when the employee reaches the age of 66 and has at least 15 years of insurance experience, while the Law on Civil Servants and Employees provides a more favorable solution, i.e. the age limit of 67 years of age and 15 years of insurance experience.
Based on the above, it can be concluded that a man who reaches 66 or 67 years of age – if he worked in a state body (and has 15 years of insurance experience), and who does not fulfill the second condition – 40 years of insurance experience (provided for in Article 17, paragraph 2 of the Law on Pension and Disability Insurance), will be excluded from the labour market, without the possibility of exercising the right to an old-age pension.
