A FEW WORDS ABOUT FAMILY PENSION, FAMILY EMOLUMENT AND PROPORTIONALITY OF THE BENEFIT

Abstract

Family pension entitlement applies to children up to the age of 25. If the subject has reached this age in the last year of studies in a higher school, family pension entitlement extends until the end of studies. The problem is the interpretation of the phrase ‘in the last year of studies in a higher school’. It is unknown whether its meaning is limited only to the higher education (up to master’s degree) or whether it covers all forms of studies conducted by a higher school. Extending the meaning of this phrase shall cause the category of children entitled to the family pension to enlarge significantly, because entitled shall be those children who are students as well as those who take up postgraduate or doctoral studies. Such an interpretation seems to go too far. The conditions for acquiring the right to a family emolument after the deceased performing the profession of the judge also need to be specified.