Pension Rights Research Articles

THE THEORETICAL ASPECT OF LEGAL SUPPORT OF PENSION REFORMS IN RUSSIA

The article provides a general analysis of the legal support for a number of key changes in the pension legislation that have been implemented in the Russian Federation since the beginning of 2002 to the present. The article examines the quality of legal acts regulating pension relations from the point of legal technology. A number of negative trends and defects in legal regulation have been identified, as well as problematic aspects arising in the process of changing pension legislation that make it difficult to access legal acts and call into question the presumption of knowledge of the law. Special attention is paid to the legal support of the last stage of the pension reform, related to the increase in the retirement age from January 1, 2019. A critical assessment is given to a number of legislative decisions that cause difficulties in the implementation of citizens' pension rights. The article substantiates the need to improve the quality of legal regulation in the pension sphere, which is impossible without systematization of pension legislation.

Beyond the 2008 crisis? Tracing global social protection arrangements amongst onward Andean migrants in Belgium

ABSTRACT After the 2008 financial crisis, migrants were particularly affected by restrictive migratory policies as well as welfare state budgetary cuts in family allowances, pension rights and unemployment benefits. In this context, this contribution looks into the experiences of Andean migrants that have moved onwards from another EU state to Belgium while trying to counteract these policies. The author argues that depending on their gender, class and ethnic locations Andean migrants are able to construct different sets of global social protection arrangements that allow them to protect themselves and their family members in various countries across Europe and Latin America. Data draws from a multi-sited ethnography conducted during 20 months in Belgium, Colombia and Peru with 85 participants that included the Andean migrants themselves as well as their family members. The analysis contributes to the literature on onward Intra-European migration as well as studies on transnational social protection.

The Generation Gap Among Nurses in Poland: Its Causes and Outlook for Change

According to a study on the number of registered and employed nurses and midwives up to the year 2030, the number of nurses with retirement pension rights will systematically increase. The mean age of nurses working in the healthcare system will also increase as there will be no generational renewal in nursing staff. The reason for this is an excessive difference (more than 100,000) between the number of nurses with retirement pension rights and the number of qualified nursing graduates. The consequence of this will be a decrease in the number of nurses per 1,000 Polish inhabitants, an indicator that is already very low—5.2 according to OECD data for 2016. A remedy for this situation could be encouraging nurses to take up their profession again by offering them higher, guaranteed salaries, increasing the number of vacancies in nursing undergraduate programs, offering nurses employment contracts, and encouraging nursing graduates to pursue their professional careers. The aim of this article is to discuss issues related to the generation gap among nursing staff as well as actions taken to increase the number of nurses in Poland. The article is based on Polish topical literature, legal acts, and strategies prepared by the Main Chamber of Nurses and Midwives. It is based on desk research analysis.

Socio-economic prerequisites for increasing retirement age in Ukraine

The article substantiates the need to increase the retirement age in the context of reforming the pension system of Ukraine. Arguments are presented that the process of raising the retirement age should be scientifically sound, have a long-term nature, and proceed gradually. It is noted that increasing the retirement age will have positive effects both for the pension system in particular and for the economic system of Ukraine as a whole, including: 1) a decrease in the financial dependence of the pension system on budget transfers; 2) ensuring a socially acceptable level of pensions; 3) preventing the growth of the insurance burden on the business; 4) compensation for the demographically determined reduction in the economically active population, stabilization of the labor market; 5) promoting active longevity. It is proved that the main arguments against raising the retirement age are for the most part not sufficiently substantiated. The adoption of appropriate amendments to the current legislation regarding raising the retirement age to 65 must be carried out by adopting the law "On adapting the retirement age to demographic changes in society".The solution to the strategic problem - the long-term balance and stability of the pension system can be achieved only by implementing an integrated approach to pension reform, which is not limited to one parameter, no matter how important it is. It is necessary to carry out long-overdue transformations in the labor market, in demographic policy, economy and social sphere, which would help create real conditions for citizens to earn a decent level of pension and fully realize their rights to receive it.It is proved that in order to avoid the short-term effect of raising the retirement age and further increasing the cost of paying pensions due to the increase in the number of recipients with an increased amount of pension rights due to an additional period of seniority, it is necessary to carry out actuarial calculations that allow us to formulate practical proposals to mitigate the negative economic consequences.

ПРОБЛЕМА ЛЕГІТИМАЦІЇ ДОКУМЕНТІВ, ВИДАНИХ ОКУПАЦІЙНОЮ ВЛАДОЮ, НА ШЛЯХУ ДО ЗАБЕЗПЕЧЕННЯ ПЕНСІЙНИХ ПРАВ ВНУТРІШНЬО ПЕРЕМІЩЕНИХ ОСІБ

У статті на підставі здійсненого комплексного аналізу нормативно-правової бази, судової практики та праць вчених досліджено проблеми захисту пенсійних прав внутрішньо переміщених осіб, зокрема питання визнання документів, виданих окупаційною владою, від яких залежить практична реалізація права на соціальний захист. Констатовано, що, не зважаючи на наявність в національному законодавстві спеціальних нормативних актів в сфері захисту прав внутрішньо переміщених осіб, маються значні прогалини та недоліки регулювання. Надано авторське бачення вирішення проблеми легітимації документів, виданих окупаційною владою як однієї з складової дотримання прав людини, зокрема внутрішньо переміщених осіб.
 Ключові слова: соціальні права, право на пенсійне забезпечення, захист прав, пенсійне законодавство, пенсія, внутрішньо переміщені особи, трудовий стаж, документи, окупаційна влада, легітимація, «Намібійські винятки».

Qualitative employment relationships for Ph.D. students in the EU?

This contribution intends to shed light on the working conditions of Belgian and Italian Ph.D. students, from the angle of EU law. In Belgium these (mostly young) researchers can be recruited either as ‘Ph.D. fellows’ or ‘teaching assistants’. Ph.D. fellows have a student-like status: they touch a fellowship exempt from personal income tax. However, social contributions are being withheld, for them to enjoy social security benefits and build up pension rights. Teaching assistants have an employee-like position: they receive a salary which is subject to personal income tax as well as to social security contributions. In Italy, Ph.D. students have a standard student-like status, comparable to Belgian Ph.D. fellows. The working hypothesis is that the pressure that (Belgian) universities experience to speed up research efforts (and outcomes) does not necessarily lead to qualitative (employment) relationships but may, instead, create some sort of precarious work. In light of the recent work-life balance Directive, this contribution will illustrate the differences in status with regard to paternity and parental leave.

SOCIAL SECURITY FOR MIGRANT WORKERS IN THE BRICS COUNTRIES

The study of current practices in the legal regulation of social and labour relations in the BRICS countries indicates the need to ensure equal treatment of migrant workers with national workers. Discriminatory barriers to migrant workers accessing social security systems contained in the legislation of receiving countries (the legal status of the migrant, duration of stay and other). The legislation of the country of origin of migrant workers also excludes them from the social security systems. Foreign nationals, residing temporarily in Russia, are subject to compulsory pension insurance. The payment of insurance contributions allows establishing a certain amount of pension rights. However, they often do not acquire the right to insurance, since the insurance pension is granted only to foreign nationals permanently resident in Russia. Basic old-age insurance, basic medical insurance, work injury insurance, unemployment insurance, and maternity insurance extend to foreigners legally working in China. In Brazil, foreign workers are insured under the General Social Security Regime. However, it establishes progressive premium rates. In India, international employees are required to be registered as members of the Employees’ Provident Fund and to contribute to it. Foreign nationals, who have entered South Africa to work under a contract of employment and who have been forced to leave the Republic, are not covered by the social security. It is therefore essential to design and implement policies that will strengthen the sustainability of the social security system and eliminate discriminatory norms between labor migrants and national workers.

Adequacy Analysis of the Basic Old-Age Pension System Based on Local Administrative Data in China

There is no consensus on the judgment of the adequacy status of the old-age pension benefit in China at present. Therefore, clarification of various types of indicators and benchmarks of pension adequacy is urgently needed. According to the theoretical development of pension adequacy, this paper offers a comprehensive analysis of the benefit level of basic pension from the perspectives of poverty alleviation, income substitution, and financial sustainability. The calculation results based on local administrative data show that the current pension benefit in urban China is unbalanced: on the one hand, the average pension level of self and flexible employees cannot keep track of the local average consumption level or even the relative poverty standard in particular years and the individual replacement rates for a few nonstandard employees are less than the minimum standard of 40% set by the International Labor Organization, which means the pension benefit performs poorly in terms of consumption smoothing. On the other hand, the lifelong pension rights are much higher than the lifelong contribution obligations for new retirees. Under the trend of population ageing, the extremely high benefit–cost ratio means that the current retired generation is eroding the welfare of the current working generations, and the long-term financial sustainability of the pension system is facing challenges. In the future, in order to improve the benefit level of the basic old-age pension system in a sustainable way, we need to increase the average and individual replacement rates and reduce the benefit–cost ratio by consolidating contribution bases and delaying the number of contribution years.

RURAL WOMEN AND AGING: IMPLICATIONS FOR WORK AND RETIREMENT OF OLDER WOMEN

At least half of the world’s female population live in rural areas, and many are ageing. For these rural women, agriculture and informal rural livelihoods are the primary sources of employment, posing critical challenges for them with regard to work and retirement. This paper focuses on the interaction between the twin phenomena of the feminisation of agriculture and the feminisation of ageing and the consequent implications for rural women’s work and retirement. Drawing on qualitative interviews and focus groups with 48 older rural Irish women, the paper establishes the ‘invisibility’ of women’s economic contribution in agriculture, limiting their pension accumulation and constraining their retirement planning. The study found that even women property owners, and designated ‘farmers’, had uncertainty about their pension or retirement income. A key conclusion is that rural women’s pension rights are still not guaranteed posing increased risk of economic insecurity and wellbeing for older rural women.

Transformation of the Principles of Formation of Insurance Pension Rights in the Context of Increased Retirement Age

The presented study examines the impact of macroeconomic and demographic factors and increased retirement age on the formation of the pension rights of insured persons within the distributive component of the compulsory pension insurance system.Aim. The study aims to use actuarial calculations to substantiate the procedure for the formation of insurance pension rights within the compulsory pension insurance system in the context of population ageing.Tasks. The authors develop methodological approaches to the actuarial substantiation of the formation of pension rights within the distributive component of the compulsory pension insurance system. They also formulate proposals for improving pension legislation to increase the efficiency of the formation of insurance rights within the compulsory pension insurance system and for the Pension Fund of the Russian Federation to achieve fiscal balance, raising the level of pension for the period up to 2050.Methods. This study uses general and special scientific methods of cognition – analysis (economicstatistical, financial, systemic, comparative) of theoretical and practical materials and synthesis, expert assessment, actuarial modeling and forecasting – to examine the formation of pension rights by insured persons within the context of the pension system in various aspects (legal, historical, temporal) and to develop proposals for implementing measures aimed at improving the efficiency of the formation of pension rights in the long term.Results. Analysis of the leading approaches and principles in the formation of the pension rights of insured persons and legislative regulation of this process within a time interval of more than 30 years as well as the conducted actuarial calculations show that it is necessary to create a new mechanism for calculating pension rights in the context of population ageing. There is an obvious need to develop constructive measures based on the results of actuarial calculations to improve pension legislation.Conclusions. Examination of the way the formation of pension rights of insured persons transformed over time makes it obvious that this process is continuously affected by macroeconomic and demographic factors, including natural population ageing, and the measures taken to increase the retirement age. The resulting situation calls for the development of a set of measures aimed at improving the efficiency of pension reforms in the future to fully make allowance for the pension rights of insured persons in the amount of the future pension.

Extending access to contributory pensions: The case of Uruguay

AbstractSince the 1980s, many Latin American countries have tightened access to contributory pensions, with financial sustainability being a main concern. Studies suggest that a sizable share of contributors would not be able to comply with stricter access conditions, since observed contribution densities were low. While most Latin American countries lack complete work history records, the observed density of contributions offered strong evidence of short contribution histories, in particular for low‐income workers and women. In the last decade these facts drove a new wave of reforms, in the form of less demanding eligibility requirements to access pensions and the need for a gender perspective. Uruguay took part in both processes, increasing vesting period conditions in 1996, then lowering them and granting childcare credits in 2008. In this article, we analyse the effects that less strict eligibility requirements would have on pension entitlements in Uruguay, estimating complete contribution histories using administrative records. Work history records have been kept since April 1996 only, meaning there are still no complete work histories. The study finds that pension rights would increase, in particular for women. The main effect would be driven by the lower contribution requirement. In addition, childcare credits would further reduce the gender gap in terms of access to benefits. The case of Uruguay is relevant in the regional context, as most Latin American countries are ageing rapidly and can learn from the Uruguayan experience, a country with vital statistics closer to those of developed countries. Also, recent reforms in the region show shared concerns on pension rights and the gender gap.

Does the marketisation of pensions lead to individualisation? An examination of family-related pension entitlements

Countries around the world have undertaken pension reforms and introduced market-based schemes to replace parts of existing public schemes. Previous research has shown how these reforms are often driven by a commitment to individualisation, and accompanied by rhetoric that encourages ‘self-responsibility’. To date, however, no research has examined the effects of this shift on family-related pension entitlements. In response, this article provides a critical analysis of whether family-related pension rights have, indeed, decreased in the course of marketisation. Through a systematic comparison of Austria and Germany, we show that this is not the case: family-related rights have been included in newly introduced market-based schemes; and pension reforms did not lead to individualisation in either existing public or market-based schemes. As a result, we argue that reform trajectories are path-dependent and contextual; and that future studies should focus on non-individual entitlements when assessing welfare marketisation in general and pension reforms in particular.

A woman’s cause? Popular attitudes towards pension credits for childcare in Norway

In many countries – including Norway – concerns about the persistent gender gap in pensions have led to the introduction of child credits that compensate mothers for losing accrued pension rights while they care for small children. In political debates child credits are typically framed as being unequivocally women-friendly. But, although they help to reduce the gender gap in pension income, they tend to discourage mothers’ paid work and favour couples with a gendered division of paid and unpaid work. This article uses survey data to investigate the extent to which the working age population in Norway supports the idea that parents (mothers) of pre-school children with low earnings should be compensated by the pension system. We examine whether the pattern of support is consistently gendered or whether there are internal cleavages among men and women according to socio-economic status and work-family adaptation. We find that, although both genders express positive attitudes, women are on average more inclined to support child credits than men, but with strong internal divisions. While less-educated women in families with a traditional division of labour constitute the most supportive group, highly-educated women in gender-equal families are as sceptical towards child credits as their male peers. Surprisingly, among both genders, we find that younger cohorts are as supportive as older cohorts.

The EU’s Regulatory Commitment to a European Harmonized Pension Product (PEPP): The Portability of Pension Rights vis-à-vis the Free Movement of Capital

Abstract European demographic structure and age composition are currently in a state of flux—life expectancy has increased, fertility rates have dropped, and baby-boomers have reached retirement age. The implications of these changes, coupled with the fragmented market for personal pension products throughout the EU are vast and call for close scrutiny of the relationship between financial and pension markets. This article examines the current regulatory efforts aimed at creating a Pan-European Personal Pension Product (PEPP). In doing so, it pursues two primary objectives: firstly, it seeks to explain the relevance of a European harmonized pension product to the overall concept of the single market; and secondly, it aims to explore the looming regulatory challenges stemming from the portability of social and pension rights. This is done by elaborating upon established law and economics scholarship on capital markets, including the Legal Theory of Finance developed by Katharina Pistor. By assessing the costs faced by prospective pensioners against the benefits of legislative harmonization (and other policy-related alternatives), from both a normative perspective as well as a positive one, this article attempts to make a case for an effective and sustainable governance response. The article ultimately seeks to provide a well-balanced, albeit modern outlook to the regulatory endeavours that have more recently been made applicable to the EU personal pension market in virtue of the creation of the PEPP and the wide-ranging effects of such reforms on law, finance, and society.

The Impact of Negatively Reciprocal Inclinations on Worker Behavior: Evidence from a Retrenchment of Pension Rights

We document that the strength of negatively reciprocal inclinations affects workers' reaction to unfair treatment. We exploit unique matched survey and administrative data on male public sector employees in the Netherlands and compare the job motivation of employees born in 1950, who faced a substantial retrenchment of their pension rights resulting from a pension reform in 2006, to that of slightly older employees who remained entitled to more generous pension benefits. Job motivation is significantly lower among negatively reciprocal employees who were affected by the reform. The adverse effect on job motivation is stronger for negative reciprocal employees born very shortly after the cut-off date of January 1,1950, as well as for those with many untreated colleagues who perceive the policy change as being more unfair. The treatment effect is stronger among workers who are more likely to hold their employer accountable for the drop in their pension rights.

El amparo a las viudas en el sistema pensional republicano (1820-1860)

The study highlights the importance to identify the republican laws created because the army widows and the pension system between the 20’s and middle XIX century. This factor is be compare with the practice of the law by actors whom claim their pension rights, whether this came from “montepio” or the national treasury. The study claim that the state made through the configuration of a system that sought protect the widows of officers, chiefs and general, but at the same built the ideal of that civil state.

Working time reductions at the end of the career: Do they prolong the time spent in employment?

In this paper we study the effects on the survival rate in employment of a scheme that facilitates gradual retirement through working time reductions. We use information on the entire labour market career and other observables to control for selection and take dynamic treatment assignment into account. We also estimate a competing risks model considering different (possibly selective) pathways to early retirement. We find that participation in the scheme initially prolongs employment, as participants keep accumulating full pension rights. However, as participants become eligible for early retirement subsequently, these larger financial incentives induce them to leave the labour force prematurely. These adverse incentives are stronger for individuals who reduce their working time most. After two (four) years for men (women), the positive effects reverse. The more favourable effect for women is likely a consequence of their lower opportunities to enter early retirement. The gradual retirement scheme fails the cost-benefit test.

Social Consequences of Retirement Age Raising

Raising the retirement age traditionally is considered a main way to stabilize in the medium term financial position of RPF and reduce the transfer from the federal budget to the budget of Fund. At the same time essential decrease in a share of the population living up to a new retirement age is not taken into consideration. The reserves of stabilization of pension system which are behind its framework and demand change of economic policy (for example, fight against the hidden salary and shadow employment), as a rule, are not considered, and extremely limited opportunities of pension system to self-regulation reduce space for maneuver and therefore demand radical institutional reforms. The first problem which is solved by raising the retirement age in the state insurance pension system – financial security of pension liability before everyone insured persons and these obligations have to be adequate to the pension rights, i.e. insurance pensions have to correspond to the contribution of a person to pension system during able-bodied period of life. The second task is a guarantee for the population of an opportunity to realize the worthy standard of living during the disabled period. The third task – long-term financial stability of pension system allowing to realize both social tasks. Results of a research on actuarial justification of retirement age are presented in article. Unlike numerous works on justification of its increase, proceeding from dynamics of life expectancy of the population, the retirement age is considered within demographic and macroeconomic restrictions. Not only cut in expenditure on not granted pensions, but also a condition for realizing of the insurance pension rights of various categories of the insured persons is accepted by criterion of estimation of a retirement age. Proceeding from this criterion, maximum permissible borders of increase in a generally established retirement age within the system of mandatory pension insurance for the purpose of the solution of the tasks set in the government strategy of long-term development of pension system of the Russian Federation are confirmed.

독일여성의 연금수급권 변화 연구: 유족연금, 분할연금, 양육크레딧을 중심으로

독일여성의 연금수급권 변화 연구: 유족연금, 분할연금, 양육크레딧을 중심으로

The Changing Faces of UNRWA

This article explores the UN Relief and Works Agency for Palestine Refugees’ (UNRWA) responses to the US Government’s decision to dramatically cut its financial contributions to the Agency in 2018. Acknowledging the complexities of the fast-moving changes and dilemmas faced by UNRWA and Palestinian refugees, this article focuses specifically on the events that unfolded in the first six months of 2018. Through a multiscalar analysis, I start by situating UNRWA’s key responses as they have played out on the international stage through a high-profile fundraising campaign (#DignityIsPriceless). I then develop a close reading of three regional-level UNRWA circulars disseminated to UNRWA staff pertaining to the provision of maternal and neonatal health services, and to Palestinian UNRWA staff members’ employment and pension rights. Against the backdrop of the impact of UNRWA’s responses across the region, I subsequently examine how these operational changes have been experienced and conceptualised by Palestinians living in refugee camps in Lebanon, noting that those experiences must be analysed within the broader context of protracted displacement, enforced immobility and overlapping displacement.