A complainant applied for an old-age pension in March 2025, but the ZPIZ issued the decision late – only on 15 July 2025, although according to the law it should have made a decision no later than 15 June 2025. The delay occurred because the ZPIZ did not obtain the missing data on contributions in a timely manner. The complainant was not left without funds in the meantime, as she was receiving a partial pension. The Ombudsman found a violation of the legal deadlines and the principle of legal certainty and warned that such delays by the ZPIZ are unacceptable and may constitute a violation of the right to social security.

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The Ombudsman of the Republic of Slovenia (hereinafter: Ombudsman) was contacted by a complainant, who reported having submitted an application to the Pension and Disability Insurance Institute (ZPIZ) on 19 March 2025 for a decision on an old-age pension. She claimed to have asked the ZPIZ several times about her application; the call centre always told her that the application was being processed. Finally, she received a response that her application was being processed by an employee who was absent until the end of July 2025. In view of the above, the complainant asked the Ombudsman for assistance.

The Ombudsman made an enquiry with the ZPIZ. The latter explained that the complainant submitted a complete application for recognition of the right to an old-age pension on 15 April 2025. In order to issue the decision, the ZPIZ had to obtain a certificate of paid contributions for pension and disability insurance from the competent financial office. Obtaining this certificate is the duty of the authority in accordance with Article 139 of the Pension and Disability Insurance Act and Article 12 of the Pension and Disability Insurance Act (ZPIZ-2), which regulates the mutual exchange of data on which official records are kept. The certificate was obtained on 4 July 2025, and the decision was issued on 15 July 2025, with recognition of the right from 15 April 2025. At the same time, a decision was issued on the termination of the right to a partial pension. In its response to the Ombudsman, the ZPIZ also stated that, despite this, the complainant was not without income during the proceedings, as she was receiving a partial pension.

The Ombudsman assessed that, by making such a decision, the ZPIZ violated the provisions of the ZUP and the principle of legal certainty from Article 2 of the Constitution of the Republic of Slovenia. The deadline for issuing a decision under the ZUP was 15 June 2025; however, the ZPIZ did not comply with it. Regarding obtaining a certificate from the financial office, the Ombudsman stressed that this is the duty of the authority in accordance with Article 139 of the ZUP and Article 12 of the ZPIZ-2, which regulates the mutual exchange of data on which official records are kept.

The Ombudsman recommended that the ZPIZ take measures to ensure compliance with legal decision-making deadlines and procedural guarantees for the protection of clients' rights. In response, the ZPIZ explained that despite the introduction of rationalisations, organisational changes, and overtime work, it does not always manage to make decisions on time due to the sheer number of claims. In 2024 alone, the ZPIZ received 580,599 claims, which exceeded the annual plan and the inflow from previous years.

The Ombudsman reiterates that respecting legal decision-making deadlines is a fundamental condition for legal certainty and human rights. For this reason, the Ombudsman recorded the complaint in this specific case as justified, adding that justifying delays with the burden on the authority or subsequent changes in legislation is unacceptable. Delays in decision-making at the ZPIZ are particularly worrying, as they can also directly interfere with individuals' right to social security.

The Ombudsman calls on the competent authorities to consistently provide adequate human resources and organisational equipment for timely decision-making and, when drafting legislation, to take into account that respecting decision-making deadlines is the foundation for constitutionally guaranteed legal certainty.9.12-11/2025.