Abstract

Article 136(1) of Social Insurance Fund pensions act of 17 December 1998 determines specific legal consequences regarding a person who filed a motion for benefits stipulated in the act. Common practice of the Social Insurance Institution and judicature shows that the article is applied in two instances: when a beneficiary is deceased and when a party of administrative or court proceedings is deceased, and the matter of proceedings regards pension. Meanwhile, a hypothesis of a norm included in Article 136(1)(2) of Social Insurance Fund pensions act corresponds with only the second one. Arguments supporting such a thesis are the subject of the present article.