Pension and disability insurance are based on the principle of intergenerational solidarity, reciprocity and redistribution, and lays the foundations to social security in cases when an individual is unable or unwilling to actively participate in the labor market due to the age.
In addition to the original rights arising from the insurance, the Slovenian legal order also separates two derived rights in case of the insured's death, namely widow's and family pension. Both rights are regulated by the Law on Pension and Disability Insurance (IPDI-2) and can be acquired by immediate family after the death of the insured or the beneficiary of the pension in case of fulfilling all statutory conditions.
The legislator is obliged to strive for the establishment and maintenance of equality before the law, but in certain life situations, unequal treatment of individuals is expressed, for example, in terms of gender, sexual orientation, marital status, conception of a child, who is not born at the time of the father's death, family members and tax treatment. The legislator's task is to eliminate and remediate such inequalities and at the same time to establish a system that will stand demographic changes and life changes of a modern society.
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