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It is a pity, when instead of the law, evil rules

Written by Selami Shehu 5 Qershor 2023

When the law is mentioned in the title of this article, I mean the social security law No. 7703, dated 11.05.1993, entered into force on October 1, 1993, while when Maliqi is mentioned, it is about social security employees who manage to cause financial damage thousands of pensioners. The fact that I terminated financial relations with the employer on April 15, 1998 and not only that, but also postponing the date of retirement, 4 years, 3 months, and 10 days, with 45 years of work and 2 years in the army, I was met according to pensions law: 14871,9396,14461,13134 lek according to which I should have been legally recognized pension 13134 lek calculated according to article 33 which says: The pension in this case cannot be greater than 80% of the average net individual salary of 3 consecutive years of the last 10 years of work before retirement. Unfortunately, The Dibër Regional Directorate of Social Security has awarded me a smaller pension, equal to 8072 lek, calculated with the same article 33 that calculated the pension of 13134 lek. I don't understand why the pension of 8072 lek, calculated in violation of the law, with the net salaries of the period 1.01.1994 - 15.04.1998, is considered legal by the social security bodies, while the pension of 13134 lek calculated in accordance with the law is considered illegal? The thought that I was entitled to a higher pension forced me to go to the Social Security Institution in Tirana, where I met one of the heads of this institution who, among other things, told me that a captain received a higher pension than a general. The idea that I was entitled to a pension of 13,134 lek encouraged me to turn to the Albanian courts, even the European Court of Human Rights in Strasbourg, which informed me in a letter dated August 29, 2008 that my complaint had been completed properly, and that the training would to be done according to the possibilities, while to participate in the Strasbourg Court, only if that honorable court would invite me. Unfortunately, after 6 years, the Court of Strasbourg, by letter of June 19, 2014, informed me that a panel of judges composed of a single judge in the presence of a relator, in the meetings of May 29, 2014 and June 12, 2014, had decided to declare my complaint inadmissible and unfair recourse, while the file with the relevant documents would be destroyed within one year. What left a bad impression on me, is that the Albanian courts, including the international ones, with their decisions against me, unjustly became parties to the law breakers. That I have been and continue to be a victim of misuse of the law, I have irrefutable facts and evidence. First, the governments, in violation of the law, for 5 years in a row did not determine the wage indexation coefficients for the effect of calculating pensions. Second, even when with the decision of the Council of Ministers No. 726, dated 19.11.1998, the indexation coefficients of salaries were finally determined, the salaries of the last two years 1997-1998 were excluded from the indexation. Third, 2 years of military service were not included under the law as seniority. Fourth, contrary to Article 33 of the law, for 5 years in a row, no pension increase was made. Fifth, having no legal basis, for 12 years in a row, the indexation of net salaries was not allowed. Sixth, the increase of pensions from 01.01.1999 according to VKM No. 826 dated 30.12.1998, the amount of 400 lek was applied, both for minimum pensions and for maximum pensions. Seventh, the pension increase from 01.07.2000 according to VKM No. 387, dated 20.07.2000, a 17% pension increase was applied for the minimum pensions, and only 10% for the maximum pensions. Eighth, referring to the form for determining the initial pension, in my case, 2 violations of the law were found. First, instead of the Diber Regional Directorate of Social Security referring according to the law to the 3 consecutive years of the last 10 years of work, it has mistakenly referred to the net wages for a period longer than 3 consecutive years, namely the period 01.01.1994 - 04.15. 1998, resulting in a lower average net salary. The second, the smallest pension 7568 lek, multiplied by 17% gives an additional 1286 lek and not 504 lek. Here are the 9 violations of the law, which have affected the reduction of the pension in my case. The Dibër Regional Directorate of Social Security, of course convinced of the above violations of the law, in 3 cases, compensated me with the sums of 41,204, 42,104 and 10,790 lek. Several amendments have been made to the Social Security Law No. 7730, dated 11.05.1993, where one of these amendments, Law No. 104 dated 30.12.1998, actually finally repealed the lawless and infamous article 32/ 4 but not giving you retroactive power, treats pensions with 2 standards, where only one is favorable. The truth is that Albania is the only country in Europe that has not announced the minimum wage. Even an initiative undertaken a few years ago by the People's Advocate Institution failed as the government did not allow it, since the minimum pension as an obligation of the Council of Ministers, can never be less than the vital minimum. The Social Security Institute, in response to my request for a higher pension, has claimed that my pension is based on Article 32 point 4 of the law, a claim which does not hold: First, Article 32/4 deals with 3 pensions and not in my case with 4 pensions. Second, Article 88 point 5 which says: People who have reached the retirement age of 55 years for women and 60 years for men and continue to earn will retain the right to choose the most favorable legislation, the smallest pension according to Article 32/ 4, does not constitute a favor, but a disfavor. It is precisely article 88 point 5 that gives me the legal right to benefit from the initial pension of 13,134 lek, which has currently reached a total of 53,670 lek, the refusal of which has caused me a financial loss equal to 2,845,161 lek. Even the claim that the pension my claim is based on article 32/4 of the law does not hold, since the maximum pension of 31,640 lek together with the relevant allowances today has reached a total of 37,987 lek, which means that I benefit 2,401 lek less with a financial loss equal to 461,394 lek. In conclusion, I cannot but bluntly say that in Albania, instead of the law, Maliqi has ruled that he writes his own stamps, and no one has told him NOT! The promenade in Saranda is for citizens or for racing scooters and motorbikes?! has caused me a financial loss equal to 2845161 lek. Even the claim that my pension is based on Article 32/4 of the law does not hold, since the maximum pension of 31640 lek together with the relevant allowances today has reached a total of 37987 lek, which means that I benefit 2401 lek less with a financial loss equal to 461394 lek. In conclusion, I cannot but bluntly say that in Albania, instead of the law, Maliqi has ruled that he writes his own stamps, and no one has told him NOT! The promenade in Saranda is for citizens or for racing scooters and motorbikes?! has caused me a financial loss equal to 2845161 lek. Even the claim that my pension is based on Article 32/4 of the law does not hold, since the maximum pension of 31640 lek together with the relevant allowances today has reached a total of 37987 lek, which means that I benefit 2401 lek less with a financial loss equal to 461394 lek. In conclusion, I cannot but bluntly say that in Albania, instead of the law, Maliqi has ruled that he writes his own stamps, and no one has told him NOT! The promenade in Saranda is for citizens or for racing scooters and motorbikes?! which means that I benefit 2401 lek less with a financial loss equal to 461394 lek. In conclusion, I cannot but bluntly say that in Albania, instead of the law, Maliqi has ruled that he writes his own stamps, and no one has told him NOT! The promenade in Saranda is for citizens or for racing scooters and motorbikes?! which means that I benefit 2401 lek less with a financial loss equal to 461394 lek. In conclusion, I cannot but bluntly say that in Albania, instead of the law, Maliqi has ruled that he writes his own stamps, and no one has told him NOT! The promenade in Saranda is for citizens or for racing scooters and motorbikes?!
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