Thirty years of insurance payment experience, which is a combination of government and non-government service records, is not a criterion for retirement.

Thirty years of insurance payment experience, which is a combination of government and non-government service records, is not a criterion for retirement.

The subject of the complaint and demand: cancellation of the circular number 99/265687/D/P/18 dated 11/19/2019, vice president of development of management, resources and planning of the University of Medical Sciences and Health Services of Chaharmahal and Bakhtiari province.

The vote of the general board

First: According to Note 1 of Article 76 of the Social Security Law (amendment approved on 12/16/1371): “those who have worked for 30 years and have paid the insurance premium for the aforementioned period to the organization in each case, if the age of men is 50 years and If women are 45 years old, they can apply for retirement pension” and according to note 3 of the same article (addition approved on 12/16/1371): “Insured persons who have 35 years of insurance premium payment history can apply without considering the prescribed age requirement. Apply for retirement according to the law.

Secondly: According to Article 1 of the Law of Permanent Decrees on the Development Programs of the Country approved in 2015: “Universities, centers and institutes of higher education and research and academies and science and technology parks that have a license from the Council for the Development of Higher Education of the Ministries of Science, Research and Technology and Health, medical treatment and education and other relevant legal authorities, without complying with the general laws and regulations governing government institutions, especially the country’s public accounting law, the civil service management law, the law on holding tenders and their subsequent amendments and additions and only within the framework of financial approvals and regulations , transactional, administrative, employment and organizational approved by the board of trustees, which is subject to the approval of the ministers of science, research and technology and health, treatment and medical education, and in the case of academies, the approval of the president, and in the case of universities and higher education and research centers affiliated to the armed forces they act upon the approval of the Chief of General Staff of the Armed Forces” and based on paragraph “A” of Article 97 of the administrative, employment and organizational regulations of non-faculty employees of universities of medical sciences and healthcare services of the country: they have, he should retire.”

Thirdly, according to Article 5 of the aforementioned regulations and Note 1 of Article 4 of the guidelines on how to determine the right to a job, the right of an employee, extraordinary management and supervision, extraordinary self-sacrifice, extraordinary less developed areas, extraordinary bad weather and extraordinary attraction approved by the board of trustees, it means that thirty The years of service for retirement are not 30 years of insurance payment experience, but 30 years of full-time service in government ministries, institutions and companies, or service records that are considered government service according to special laws. Based on the above and considering that based on the legal standards mentioned above, the non-faculty members of medical sciences universities are subject to their own employment regulations in terms of retirement, and in their employment regulations, what the institution is obliged to do is to retire employees with thirty years of government service experience. and not thirty years of insurance payment history,

Therefore, the application of Circular No. 99/265687/D/P/18 dated 11/19/2019, Vice President of Development of Management and Resources of the University of Medical Sciences and Health Services of Chaharmahal and Bakhtiari Province in cases where the employee has thirty years of insurance experience, but the service records It is not entirely governmental and is a compilation of governmental and non-governmental records, it is against the law and beyond the scope of authority and it is invalidated based on paragraph 1 of Article 12 and Article 88 of the Law on Organizations and Procedures of the Court of Administrative Justice approved in 2013.

Chairman of the General Board of the Court of Administrative Justice – Hekmat Ali Mozafari

This post is written by shadmanamini