THE LEGAL FICTION OF TOTAL INCAPACITY FOR WORKAS A BASIS FOR ACQUIRING THE RIGHT TO A DEPENDANT’S PENSIONIN THE SOCIAL SECURITY SYSTEM

This article take issues related to the legal fiction of total incapacity for work as a basis for acquiring the right to a dependant’s pension in the social security system. The text consists of six points. At the beginning the elaboration gives attention to the social security mechanism from the perspective of the right to a dependant’s pension. Then, it presents a historical and legal analysis in the field of cash benefits: orphan’s pension and survivor’s pension. Further, the text shows the legal nature of the pension benefit, total incapacity for work as a basis for acquiring the right to a dependant’s pension and the incorrect judicial interpretation of the regulation of Art. 68 section 1 point 3 of the Pension and Retirement Act on the basis of a logical error of the legal norm. The text contains a short summary and de lege ferenda conclusions. The aim of the article is underline the legal fiction of total incapacity for work as a basis for acquiring the right to a dependant’s pension in the social security system. The research analysis is based on legal literature, normative acts and court decisions. The article uses research methods: historical-comparative, dogmatic, doctrinal and deductive.