Explaining the Principles Governing the Judicial Practice of the Administrative Court of Justice in Retirement Disputes: Observance of Insurance Equity and the Contribution–Pension Proportionality Criteria

Abstract

Retirement is one of the most important institutions of social security and a fundamental mechanism for legally protecting individuals after the end of their working lives. In the Iranian legal system, disputes concerning retirement eligibility, the calculation of insurance contribution periods, pension amounts, early retirement, arduous and hazardous occupations, and the effects of employer misconduct or administrative deficiencies constitute a significant proportion of cases brought before the Administrative Court of Justice. Using a descriptive-analytical approach and focusing on the judicial practice of the Administrative Court of Justice, this study seeks to explain the principles governing retirement disputes and to assess the extent to which the criteria of insurance equity and proportionality between contributions and pensions are observed. The analysis of relevant rulings indicates that the principle of legality in retirement requirements, protection of acquired rights, prohibition against transferring the consequences of employer misconduct or administrative deficiencies to insured persons, observance of the jurisdictional limits of administrative authorities, equality, proportionality, legal certainty, transparency, and consistency of judicial practice are among the principal foundations identifiable in the Court’s jurisprudence. The findings further demonstrate that insurance equity should not be understood merely as an accounting equivalence between contributions paid and pensions received. Rather, it requires an appropriate balance between the duration and level of insurance participation, retirement benefits, protection of insured persons’ legal rights, and the financial sustainability of pension funds. In the field of arduous and hazardous occupations, protection of workers must likewise be accompanied by accurate occupational assessment and adequate financing. The study concludes that the Administrative Court of Justice plays a significant role in preventing unlawful restrictions on insured persons’ rights and correcting administrative practices; however, the full realization of insurance equity also requires structural reforms, greater transparency, accurate recording of insurance histories, and stronger coordination among the relevant institutions.