Determination of an Entitlement to a Training Pension – Practical Aspects

The article regards the determination of an entitlement to a training pension both in the stage of proceedings before the pension authority as well as in the stage of judicial appeal proceedings. The authors conclude that the pension authority is authorised to shorten the period of receiving a training pension even after it had been prolonged by the starost, if there is no possibility of vocational retraining or the person in question does not undergo such retraining. In the process of issuing a declaration, the certifying physician is bound by the starost's findings regarding the impossibility of vocational retraining, thus – in the event the insured is re-examined (under article 119 sec. 4 of the Act on pensions from the Social Insurance Fund) – the possibility of regaining ability to work after vocational retraining may not be verified again. The determination of an entitlement to a training pension in court proceedings results in the prohibition of its retroactive awarding (i.e. for the period since the day of applying for the disability pension until the day the judgement in the case becomes final and valid), as well as the inadmissibility of awarding this contribution for a period longer than 6 months. 

The article regards the determination of an entitlement to a training pension both in the stage of proceedings before the pension authority as well as in the stage of judicial appeal proceedings. The authors conclude that the pension authority is authorised to shorten the period of receiving a training pension even after it had been prolonged by the starost, if there is no possibility of vocational retraining or the person in question does not undergo such retraining. In the process of issuing a declaration, the certifying physician is bound by the starost's findings regarding the impossibility of vocational retraining, thus – in the event the insured is re-examined (under article 119 sec. 4 of the Act on pensions from the Social Insurance Fund) – the possibility of regaining ability to work after vocational retraining may not be verified again. The determination of an entitlement to a training pension in court proceedings results in the prohibition of its retroactive awarding (i.e. for the period since the day of applying for the disability pension until the day the judgement in the case becomes final and valid), as well as the inadmissibility of awarding this contribution for a period longer than 6 months.