Conditions for establishing a “disability pension” in social security
According to the Iran Economist, According to the Social Security Act, disability is divided into three different cases. In general, disability is a legal obligation under which individuals can receive a pension based on the cause (accident or illness) and the percentage of disability (general, minor, disability compensation).
Article 29 of the Constitution generally refers to some of the rights of citizens in the discussion of social security, one of which is the issue of “disability”. This principle states: “It is a universal right to have social security in terms of retirement, unemployment, old age, disability, homelessness, road accidents, accidents, the need for health services, medical care and insurance, etc.
“The government is obliged by law to provide the above services and financial support to each individual in the country from public revenues and revenues from public participation.” Accordingly, Article 29 of the Constitution obliges the government to provide the right to disability to eligible individuals. But this concept has been studied in detail in the Social Security Act.
Disability in the Social Security Act
The issue of disability and its definitions are first mentioned in paragraphs “13”, “14” and “17” of Article (2) and paragraph “d” of Article (3) of the Social Security Law. In other clauses and articles of this law, the types of disabilities are examined in detail.
Chapter 6 of the Social Security Act describes in detail the types of disability. At the beginning of this chapter, it is stated that the insured who are diagnosed as incurable according to the physician treating the disease after performing rehabilitation services and announcing the result of rehabilitation or employment, if according to the medical commissions mentioned in Article (91) of this law If lost, they will be treated in one of three ways:
General disabilityAccording to the provisions of Article (70) of the Social Security Law, “general disability” is a situation in which the insured person has lost 66% or more of his / her ability to work. This is the highest degree of disability and is awarded to this group of applicants for general disability pension.
Minor disabilityPartial disability that occurs with a work-related accident is a percentage lower than the general situation, and paragraph (b) of Article 70 of the Social Security Law describes it as follows: “The accident is caused by work.” According to this law, individuals enjoy the benefits of a partial disability pension.
Compensation for cross-sectional defects: If the work capacity of the insured person is reduced by 10 to 33% due to an accident at work, the person can use the severance pay compensation.
Causes and conditions of disability
According to the law, disability can occur for two reasons: illness or accident, which include normal, abnormal illnesses, and work-related and non-work-related accidents. The legislature has defined these concepts in law.
Paragraph 7 of Article (2) of the Social Security Law defines illness as: “Illness is an abnormal physical or mental condition that necessitates the provision of medical services, or causes temporary incapacity for employment, or causes both to be part of it.” Paragraph (8) of Article (2) of the Social Security Law also states regarding the accident: “According to this law, an accident is not an accident that occurs under the influence of an external factor or factors due to a sudden action or event and causes injuries to the insured body or mind. »
It should be noted that the diagnosis of disability is the responsibility of the Medical Commission of the Social Security Organization, the law of which has already determined the number and its members; According to Article (91) of the Social Security Law, primary and medical review commissions will be formed to determine the degree of physical and mental disability of the insured and their family members.
Medical Commissions: In the executive regulations of the primary medical commissions and the social security review, it is considered as an independent institution and only the place of its meetings in the social security organization is foreseen. According to this regulation, the composition of the members of the primary medical commissions includes a specialist physician as a member and chairman of the commission, an internal medicine specialist, a physician specializing in the relevant disease, a consultant proposed by the General Directorate of Social Security and a secretary. To manage.
The members of the medical review commissions are exactly the same as the primary commission; The difference is that people who are present in the initial commission cannot be members of the appeal commission either.
Insurance history to benefit from disability insurance
A minimum of insurance history is required to benefit from the Social Security Administration’s disability support. Pursuant to Article (75) of the Law on Social Security, an insured person who, within 10 years prior to the occurrence of a non-work-related accident or illness, has a minimum premium of one year of work, which includes a premium of 90 working days within one year before the accident or illness leads to disability. If paid, he or she will be eligible to receive the continuing benefits of a non-work-related disability.
Those insured persons who are recognized as generally disabled at the discretion of the relevant medical commissions, but who do not meet the above conditions, can, if desired, complete the insurance records for up to 10 years of retirement pension benefits relative to the years of premium payment, according to the provisions of the law. Benefit.
Employment after disability
According to the Social Security Act, if the insured rate of disability due to a work-related accident is between 33% and 66% and the person receives a partial disability pension, re-employment is not prohibited; However, if a person receives a general disability pension, he or she cannot be re-employed at the same time as receiving a general disability pension. Obviously, in case of re-employment, the payment of the relevant pension will be stopped and its re-establishment will be subject to the re-confirmation of the disability by the Medical Commission.
Disability or retirement?
According to the Iran Economist, citing issue 311 of the weekly Atieh No, as mentioned, an insured person who has lost 66% or more of his or her work capacity is considered a “total disability.” In this regard, the question for some insured people is what is the difference between retirement and disability and which is better !? Disability and retirement are two different types of legal obligations of the organization, the conditions of the initial legal fulfillment of each, as well as how to calculate their pension are different from each other.
Retirement is based on the request of the insured or the employer, subject to the age and background of the person, and is basically voluntary; However, disability is due to illness or accident and is considered involuntary; Therefore, in its legal conditions, the issue of the insured age is not foreseen.
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