Kostelka: Man looses 40.000 Euro due to lacking information by pension authorities

Man looses 40.000 Euro due to lacking information by pension authorities

ORF-Series „Bürgeranwalt“ („Advocate for People“) – Broadcast of September 26th 2009

Over 30 years ago an accident at work left Mr. G. severely disabled and bound to the wheelchair. Due to his former work abroad, Mr. G. receives a small disability pension from Germany as well as an invalidity pension from the Austrian Pension Insurance Fund (PVA). After handing in his yearly income tax return, the PVA all of a sudden asked him to submit an additional application in order to revaluate his monthly payments. Later on, Mr. G. received a notification informing him that his monthly payments had considerably increased. What happened? A new EC regulation came into effect in 1994, which led to an increase of invalidity pensions of migrant workers within the then European Community. As Mr. G. had not submitted his application at the first possible date, he lost a total amount of 40.000 Euros in the past 14 years. Mr. G. argued that the PVA never informed him about this new regulation. However, his claim for a refund was dismissed by court. The newly calculated pension was only payable on application and could not be reimbursed retroactively. Furthermore the PVA is not obligated to inform the pensioners about new regulations.

Regarding the problem of revaluation, Ombudsman Kostelka explained, that those affected the most, are usually the old, the disabled or the socially disadvantaged, as they do not have access to the necessary information and resources. They are often inadequately informed and therefore more likely to submit an application too late, or not at all. In Ombudsman Kostelka’s opinion, the insurance carriers should – similar to the German model – have the duty to inform and be held liable if they knowingly violate this rule. This problem should be a matter of discussion in the National Council and the Austrian Ombudsman Board will follow-up on this matter.

Follow-up: Battle over child-custody after mother disappears with daughter to Romania

After his divorce Mr. K. was assigned full custody for his daughter, when his ex-wife fled to Romania with their two-year-old child. According to the Hague Convention on international child abduction, Mr. K. filed an application and asked the Austrian Ombudsman Board for help to speed up the proceedings. In the studio Ombudsman Kostelka emphasized that acknowledgement of the decision made by an Austrian court should guarantee the immediate return of the child. He therefore asked the Federal Ministry of Justice to recognize and enforce this decision.

Several months after the broadcast the lawyer of Mr. K.’s ex-wife reports on a decision by a Romanian court of appeal according to which the child can stay with the mother as the father’s full custody has been annulled. In Ombudsman Kostelka’s opinion, the whole situation is very unpleasant. Romanian courts annulled Austria’s request for the return of the child. Unfortunately the exact reasons for the annulment were yet unknown, as its translation was still missing. There is still one ray of hope. As the request for return has been denied, Mr. K. will have to apply for full custody within 3 months after the notification from Romania. This might then, regardless of the decision of the Romanian court, lead to the return of his child. However, Mr. K. is devastated, as mother and child can, for the time being, still stay in Romania. The Austrian Ombudsman Board will continue its investigations in this matter.