Disappearance of a person entitled to a retirement or disability pension

Abstract

Disappearance of a person entitled to a retirement or disability pension, in the context of his right to benefits, has not been regulated in any way by the legislator. This causes numerous problems arising primarily from the application of legal institutions that are inadequate to the situation, which can affect the legal nature of benefits. Consequently, there is a discrepancy between the practice of the pension authority and the case law. The author analyzes selected institutions of social security law from the point of view of the possibility of pledging them in the event of the disappearance of a person entitled to benefits and the resulting obligations of the family of the disappeared person.