Priority basis for insurance of retired persons who entered into an employment agreement before 11th of April 2019
The new insurance policies provided for in Article 15 of the Law on Health Insurance apply to retirees who have entered into an employment agreement before April 11th, 2019, and indisputably also to retirees who have entered into an employment agreement after April 11th, 2019.
“Article 15 of the Law on Health Insurance (“Official Gazette of the Republic of Serbia”, No. 25/2019 – hereinafter: the Law) regulates the issue of the priority basis of insurance in case when the insured person from Article 11 of the Law meets the conditions for acquiring the status of insured person on several grounds, as well as the obligations of the listed categories of persons who fulfill the condition for acquiring the characteristics of the insured on several grounds, to choose one of the insurance bases under which they will be insured. Based on the aforementioned Article 15 of the Law, the insured retirees who have entered into an employment agreement no longer have the obligation to choose the basis of insurance according to which they will be insured, but, in the case of employment, they must be insured as employees.
The correct application of this provision implies its application to retirees who have entered into an employment agreement before April 11, 2019, and indisputably also to retirees who have entered into an employment agreement after April 11, 2019. Please note that, by the appropriate application of this provision, insured retirees who are employed, as well as members of their families who are insured through them, do not suffer any interruptions in the health insurance, but only change the insurance basis. To that end, the Republic Health Insurance Fund, in cooperation with the Republic Pension and Disability Insurance Fund, should take the necessary measures and activities so that all retirees who are employed and members of their families who have been insured through them, could continue to exercise the rights of the compulsory health insurance, without interruptions, in accordance with the law. ”
(Opinion of the Ministry of Health, No.: 011-00-95 / 2019-05 (1) of 14th of May 2019)
