By the judgment of the Municipal Court in Sarajevo, case number: 65 0 P 1006102 22 P, dated June 1st, 2023, to determine the existence of a non-marital union, a decision was made stating that the Plaintiff lived in a non-marital union with the predecessor of the Defendant, as a result of which the Plaintiff is entitled to all rights and obligations arising from the domestic-partnership.
Based on the mentioned judgment of the Municipal Court in Sarajevo, case number: 650P1006102 22P, dated June 01, 2023, and pursuant to Article 13 of the Law on the Organization of Pension and Disability Insurance of the Federation of Bosnia and Herzegovina (Official Gazette of FBiH, No. 32/01, 18/05) and Article 13 of the Statute of the Federal Institute for Pension and Disability Insurance (Official Gazette of FBiH, No. 38/03 and 86/15), in the administrative procedure for realizing family pension rights, the director of the Federal Institute for Pension and Disability Insurance, Cantonal Administrative Service for the Sarajevo Canton, issues Decision number: FZ12/2/1-31-1-29109/23 dated October 16, 2023. According to this decision, the family member of the deceased has their right to a family pension extended starting from July 24, 2023, in the amount of 443,56 BAM per month.
The pension payment under this decision is due from July 24, 2023. The pension amount, adjusted on the day of issuing the decision, is 443.56 BAM per month. Instead of this pension amount, the minimum pension amount paid for December 2016, adjusted for the corresponding increases on the day of realizing the right, will be paid. If the pension recipient enters into an employment relationship or starts an independent business within that period, the pension will not be paid for that time. The pension recipient is obliged to report to the insurer any fact that may affect the use or scope of the right within 15 days; otherwise, the pension payment will be suspended. The previously issued decision on the right is replaced by this decision. Appeals do not suspend the execution of the decision.
The day from which the right to a family pension arises is determined in accordance with Article 108 of the Law on Pension and Disability Insurance (Official Gazette of the Federation of BiH, No. 13/18, 90/21 | 19/22 – hereinafter: the Law), and the day from which the right to receive the pension is determined in accordance with Article 112 of the Law. The pension is determined on a monthly basis and paid retroactively, in the current month for the previous month, in accordance with Article 13, paragraph 1 of the Law. If the pension recipient acquires the status of an insured person in mandatory pension insurance, the pension will not be paid for that period, in accordance with Article 89 of the Law. The pension recipient is obliged to report to this Institute any fact that may affect the use or scope of the right within 15 days; otherwise, the pension payment will be suspended, in accordance with Article 15, paragraph 1 and 3 of the Law.
The decision recognizing the right to a family pension is enforceable from the date of issuance; appeals do not suspend the execution of the decision, in accordance with Article 104 of the Law.
If you need legal advice in Sarajevo on the realization of family pension rights in Bosnia and Herzegovina – determination of the existence of a domestic-partnership, either as an individual or if you need a Family law attorney for family pension matters, you are in the right place. You can contact our lawyers directly by phone (+387 62 342 463), WhatsApp, Viber, or email (rasid@haracic.ba).
