Rescue Service Act

Link to law: https://www.riigiteataja.ee/en/eli/ee/Riigikogu/act/515042015001/consolide
Published: 2015-03-29

Rescue Service Act

Passed 31.01.2008
RT I 2008, 8, 57
Entry into force 01.03.2008
Amended by the following legal instruments (show)

Passed
Published
Entry into force

17.12.2008
RT I 2009, 5, 35
01.07.2009

18.06.2009
RT I 2009, 36, 234
01.07.2009

26.11.2009
RT I 2009, 62, 405
01.01.2010

05.05.2010
RT I 2010, 24, 115
10.06.2010

20.05.2010
RT I 2010, 29, 151
20.06.2010

09.02.2011
RT I, 04.03.2011, 1
01.04.2011

08.12.2011
RT I, 29.12.2011, 1
01.01.2012, partially 01.01.2014 and 01.11.2014

13.06.2012
RT I, 06.07.2012, 1
01.04.2013

13.06.2012
RT I, 10.07.2012, 2
01.04.2013

14.03.2013
RT I, 26.03.2013, 2
01.04.2013

20.06.2013
RT I, 11.07.2013, 1
01.09.2013

19.06.2014
RT I, 29.06.2014, 109
01.07.2014, titles of ministers replaced on the basis of § 107³ (4) of the Government of the Republic Act as of the wording which entered into force on 1 July 2014.

19.11.2014
RT I, 13.12.2014, 1
01.01.2016

17.12.2014
RT I, 31.12.2014, 4
01.01.2015

18.02.2015
RT I, 19.03.2015, 2
29.03.2015

Chapter 1 GENERAL PROVISIONS 

§ 1.  Scope of application of Act

(1) This Act provides for the organisation of the rescue service and the legal status of rescue servants.
(2) Officials of the rescue service are subject to the Civil Service Act, taking into account the specifications arising from this Act.
(3) Rescue workers are subject to the Employment Contracts Act and other Acts governing employment relationships, taking into account the specifications arising from this Act.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]

§ 2.  Rescue service

(1) For the purposes of this Act, rescue service means employment as a rescue servant in a rescue service agency.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(2) Rescue service also means service in the position of a rescue servant in the rescue studies structural unit of an institution of higher professional education for public defence (hereinafter the Rescue College).
(3) Rescue service is a special type of civil service.

§ 3.  Rescue servants

(1) A rescue servant is a person who has been employed in a rescue service agency for managing, organising or performing duties provided for in the Rescue Act.
[RT I 2010, 24, 115 – entry into force 10.06.2010]
(2) A rescue servant is also the head, deputy head and a member of the teaching staff of the Rescue College.

§ 4.  Types and posts of rescue servants

[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(1) Rescue servants are:
1) officials of the rescue service;
2) rescue workers.
(2) An official of the rescue service is:
1) a person within a rescue service agency appointed to a position intended for managing, organising and performing the duties provided for in the Rescue Act;
[RT I 2010, 24, 115 – entry into force 10.06.2010]
2) the head of the Rescue College’s structural unit which organises studies in the rescue specialty, the deputy head of the structural unit, and members of the teaching staff within the rescue specialty.
[RT I, 11.07.2013, 1 – entry into force 01.09.2013]
(3) A rescue worker is an employee within a rescue service agency or the Rescue College employed under an employment contract in a position intended for performing the duties provided for in the Rescue Act.
[RT I, 06.07.2012, 1 – entry into force 01.04.2013]
(4) [Repealed – RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(5) A position of an official of the rescue service is a position within a rescue service agency or an institution of professional higher education for public defence.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(6) A position of employment of a rescue worker is a position of employment within a rescue service agency.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]

§ 5.  Official titles of rescue servants

(1) The official titles of officials of the rescue service are:
1) Chief Rescue Director;
2) Rescue Director;
3) Rescue Chief;
4) Chief Rescue Specialist;
5) Leading Rescue Specialist;
6) Senior Rescue Specialist;
7) Rescue Specialist.
(2) The official title of a rescue worker is rescuer.
(3) The official titles corresponding to posts of rescue servants in a rescue service agency shall be established by a directive of the head of the rescue service agency.
[RT I, 06.07.2012, 1 – entry into force 01.04.2013]
(4) The correspondence of the posts in the Rescue College to the official titles of rescue servants shall be established by a regulation of the minister responsible for the field.

§ 6.  Students of the Rescue College

(1) A student acquiring vocational education on the basis of secondary education and a student acquiring professional higher education in an institution of professional higher education for public defence in the rescue specialty in full-time studies, who is not in the rescue service, may be employed in the rescue service as a rescue servant for the duration of their on-the-job training. § 11 of this Act is not extended to rescue servants during their on-the-job training.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(2) A scholarship is paid to full-time students of the Rescue College.
(3) The amount of the scholarship paid to full-time students of the Rescue College as well as the conditions of and the procedure for the payment of the scholarship shall be established by a regulation of the minister responsible for the field.
(4) Rescue servants referred to full-time studies in the Rescue College may be paid, from the state budget, for the studies wages arising from their service relationship in the extent and pursuant to the procedure determined by the head of the rescue service agency.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(5) For paying wages for studies arising from service relationship a contract under public law is entered into and it shall set out the rescue servant’s obligation to work after the end of the studies in the rescue service agency for a specific period of time but no longer than three years.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]

Chapter 2 EMPLOYMENT IN RESCUE SERVICE 

§ 7.  General requirements for employment in rescue service

(1) A citizen of the Republic of Estonia who has at least secondary education and full active legal capacity and who is proficient in Estonian to the extent established by law or on the basis of the law and who meets the requirements for professional qualification of rescue servants may be employed in service as an official of the rescue service.
[RT I, 06.07.2012, 1 – entry into force 01.04.2013]
(11) An official of the rescue service may be employed in the rescue service without public competition.
[RT I, 26.03.2013, 2 – entry into force 01.04.2013]
(2) A person who has full active legal capacity and at least secondary education and who meets the requirements for professional qualification of rescue servants and is proficient in Estonian in the extent provided by law or on the basis of the law may be employed as a rescue worker.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(3) [Repealed – RT I, 31.12.2014, 4 – entry into force 01.01.2015]
(31) [Repealed – RT I, 31.12.2014, 4 – entry into force 01.01.2015]
(4) The requirements for the professional qualification of rescue servants, including for their physical preparation, education and health, shall be established by a regulation of the minister responsible for the field.
(5) The education, physical preparation and health of a rescue servant shall allow him or her to perform the service or work duties of a rescue servant.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(6) Specifications based on age may be set out for the requirements for the physical preparation of rescue servants by a regulation of the minister responsible for the field if it is in accordance with §9 (2) of the Equal Treatment Act.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(7) In accordance with § 9 (2) of the Equal Treatment Act, the head of a rescue service agency may issue to a rescue worker who does not meet the requirements for professional qualification established under subsection (2) of this section a temporary special authorisation to continue their service on the basis of subsection (4) of this section pursuant to the procedure provided by a regulation of the minister responsible for the field.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]

§ 71.  Special requirements for employment in rescue service

(1) The following persons shall not be employed in the rescue service in a position of an official of the rescue service where the official duties include working with a database the chief processor of which is the Ministry of the Interior or the Police and Border Guard Board, or explosives removal, or where the person has access to the sensitive personal data of rescue servants:
1) a person who has been punished for an intentionally committed criminal offence, irrespective of whether the information concerning punishment has been deleted;
2) a person who has been sentenced to imprisonment, irrespective of whether the information concerning punishment has been deleted;
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
3) a person who is a suspect or an accused in criminal proceedings;
4) a person who has been released from civil service due to the commission of a disciplinary offence and less than a year has passed from the release from service;
5) a person who receives a pension, remuneration or other regular compensation from a state which is not a Member State of the European Economic Area or the Swiss Confederation or which does not belong to the North Atlantic Treaty Organisation;
6) a person who has been punished for an offence which includes the necessary elements of an act of corruption specified in the Anti-corruption Act;
7) [repealed – RT I, 19.03.2015, 2 – entry into force 29.03.2015]
8) [repealed – RT I, 19.03.2015, 2 – entry into force 29.03.2015]
9) a person who knowingly presented false information in the personal data form or withheld significant information.
(2) The list of positions specified in subsection (1) of this section shall be established by a directive of the head of the relevant rescue service agency.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]

§ 72.  Special requirements for collection of information upon employment in rescue service

(1) A person applying for employment in the rescue service in a position of an official of the rescue service where the official duties include working with a database the chief processor of which is the Ministry of the Interior or the Police and Border Guard Board, or explosives removal, or where the person has access to the sensitive personal data of rescue servants shall submit to the rescue service agency a personal data form. The personal data form requires data which enables the assessment of the person’s suitability for service. The given name and surname, personal identification code, in the absence of a personal identification code the date and place of birth, and contact information of relatives and relatives by marriage, including parents, sisters, brothers, children, spouse and former spouse, and also a partner with whom the person has a relationship resembling marriage may be required by the rescue service agency.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(2) The format of the personal data form of a person applying for the position of an official of the rescue service, specified in subsection (1) of this section, shall be established by a regulation of the minister responsible for the field.
(21) When employing a rescue servant in service, the rescue service agency has the right to ask for the given name and surname, personal identification code, in the absence of a personal identification code the date and place of birth, and contact information of the rescue servant’s children, parents, spouse, partner with whom the rescue servant has a relationship resembling marriage and persons maintained by the rescue servant under the Family Law Act in order to ensure that they have the social guarantees set out in the Rescue Service Act.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(3) For the verification of the data presented in the personal data form, the head of the rescue service agency where the person seeks employment, or a person authorised by him or her shall have the right to:
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
1) address state authorities and local government authorities, and also natural and legal persons with an inquiry concerning the personal data of the person applying for employment in service;
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
2) talk to the person specified in the personal data form, and also to his or her employer and representatives of his or her educational institution and other persons in order to determine the applicant’s moral character and other personal characteristics and, if necessary and with the consent of the person being questioned, take his or her statement in writing;
3) verify whether the person specified in the personal data form has been punished for an intentionally committed criminal offence, whether the person has served imprisonment or whether he or she is a suspect or an accused in criminal proceedings;
4) verify personal data from the database of the state, local government or another legal person in public law or legal person in private law.
(4) The authority or person who has received an inquiry specified in subsection (3) of this section shall reply to the inquiry immediately but no later than within ten working days as of the receipt of the inquiry.
(5) The provisions of this section shall also extend to a person who is applying for acceptance to vocational education studies or professional higher education studies in the specialty of the rescue service, or for the position of an official of the rescue service in an institution of professional higher education for public defence. Personal data for deciding on the suitability for rescue service of the said person shall be collected by the rescue service agency.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]

§ 73.  Fingerprinting of rescue servants and taking of DNA sample from them

(1) An official of the rescue service involved in explosive ordnance disposal shall be fingerprinted and a DNA sample shall be taken from him or her for the purposes of eliminating the traces left by the official of the rescue service on objects of analysis.
(2) A list of positions where officials of the rescue service shall be fingerprinted and from whom a DNA sample shall be taken shall be established by a directive of the Director General of the Rescue Board.
(3) The information obtained upon fingerprinting an official of the rescue service shall be entered in the national fingerprint database, and the information obtained as a result of analysing a DNA sample taken from an official of the rescue service shall be entered in the national DNA register.
(4) The information obtained as a result of fingerprinting an official of the rescue service and analysing his or her DNA sample shall be deleted from the national databases after three years have passed from the release of the official of the rescue service from the rescue service. The Rescue Board shall notify the Estonian Forensic Science Institute of the need to delete from the national databases the information concerning the official of the rescue service.
(5) The procedure for fingerprinting an official of the rescue service and taking his or hers DNA sample and forwarding the information obtained in fingerprinting to the national fingerprint database and DNA samples to the national DNA register under this section shall be established by a regulation of the minister responsible for the field.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]

§ 8.  Specifications of employment of rescue servant in service

(1) The head of a rescue service agency shall be appointed to office for a term of five years by the Government of the Republic on the proposal of the Minister of the Interior after having heard the opinion of the Legal Affairs Committee of the Riigikogu.
(2) The deputy head of a rescue service agency shall be appointed to office by the Minister of the Interior on the proposal of the head of the relevant rescue service agency.
(3) The head of the Emergency Centre of the Rescue Board shall be appointed to office by the Minister of the Interior on the proposal of the Director General of the Rescue Board.
(4) The Director of the Rescue College shall be employed in service by the minister responsible for the field on the proposal of the Rector of the Estonian Academy of Security Sciences after having heard the opinion of the Director General of the Rescue Board.

§ 81.  Competence to organise service

(1) The service of rescue servants of a rescue service agency shall be organised, including they shall be employed in service and released from service, an employment contract shall be entered into with them and it shall be terminated or cancelled, their right to exercise public authority shall be suspended, employees shall be allowed to exercise their right to refuse to work, an authorisation shall be granted to them, if the law provides for the requirement of an authorisation of a person having the right to employ a person in service, and an official of the rescue service shall be transferred from one position to another by the head of the rescue service agency or by a person provided for in the statutes of the rescue service agency.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(2) In the case provided for in subsection (1) of this section and for the organisation of the work of the rescue service agency, the head of the rescue service agency or a person provided for in the statutes of the rescue service agency may issue a directive.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]

§ 9.  Evaluation of rescue servants

(1) The procedure for evaluating the work results of a rescue servant, the efficiency of his or her in-service training and his or her compliance with the requirements for professional qualification shall be established by a regulation of the minister responsible for the field.
(2) [Repealed – RT I, 06.07.2012, 1 – entry into force 01.04.2013]
(3) A rescue servant who, based on the results of his or her evaluation, is not suitable for his or her post may be demoted or released from service.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(4) [Repealed – RT I, 06.07.2012, 1 – entry into force 01.04.2013]

§ 10.  Oath of rescue servant and taking of oath

(1) A rescue servant entering the rescue service for the first time shall take before the minister responsible for the field, the head of the rescue service agency or an official of the rescue service authorised thereby the following oath:
“As I join the rescue service, I, (given name and surname), take an oath to be loyal to the constitutional order of Estonia and to always subject my conduct to the applicable legislation; I undertake to maintain the confidentiality of the state and professional secrets entrusted to me, not to abuse the authority invested in me or the trust of people, to respect the core values of the organisation, to always remain honest and perform my duties in a conscientious manner.”
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(2) Students of the Rescue College shall take the oath of rescue servants before their first on-the-job training.
(3) The ceremony of taking the oath of rescue servants shall take place under the flag of the rescue service agency.
(4) The rescue servant taking the oath of rescue servants shall read out the oath of rescue servants and sign the text of the oath of rescue servants.
(5) The text of the oath signed by the rescue servant shall be kept in the rescue servant’s personal file.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(6) The oath of rescue servants shall not be taken by persons who have taken an oath of office in public service prior to employment in the rescue service.

§ 101.  Appointment and assignment of official of rescue service to another position in governmental authority and international organisation

(1) The right of an official of the rescue service to exercise public authority may be suspended with his or her consent in connection with his or her appointment for a definite period of time to another position which requires professional preparation or in connection with his or her assignment to a corresponding position in an international organisation.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(2) An official of the rescue service shall be appointed to a position in another governmental authority or assigned to a position in an international organisation for up to three consecutive years by a person having such a right in the said authority or organisation. With the consent of the official of the rescue service, the period of time may be extended for up to three years upon the expiry of the period of time.
(3) Upon the expiry of the period of time provided for in subsection (2) of this section, the official of the rescue service shall be released from service in the other governmental authority or in the international organisation and he or she shall be appointed to the same position or a different position of the same rank where he or she was employed before being transferred to the other authority or organisation.
(4) An official of the rescue service whose right to exercise public authority has been suspended in connection with his or her appointment to a position in another governmental authority or his or her assignment to a position of an official in an international organisation shall be paid, at his or her request, wages by the rescue service agency or the other governmental authority according to his or her last position of an official of the rescue service.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]

§ 102.  Appointment of rescue servants to position and assignment of rescue servants to employment in institution of professional higher education for public defence

(1) A rescue servant may, with his or her consent, be appointed or assigned to a position within an institution of professional higher education for public defence for a specific period of time if this is consented to by the rescue servant and a person from the rescue service agency and the institution of professional higher education for public defence who has the right to give such a consent.
(2) A rescue servant serving in an institution of professional higher education for public defence for a specific period of time shall resume, after the end of the period of time, his or her rescue service in the position or position of employment where he or she served before being appointed to the position in the institution of professional higher education for public defence or at least in an equal position or position of employment and he or she shall be guaranteed the same service conditions.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]

§ 103.  Release from rescue service due to circumstances which would preclude rescue servant from being employed in service

A rescue servant shall be released from service if circumstances which would preclude him or her from being employed in service under § 71 (1) 1), 2), 4) through 6) and 9) of this Act appear or arise.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]

§ 104.  Release of rescue servants due to their state of health

A rescue servant may be released from service if his or her state of health does not meet that provided for on the basis of § 7 (4) of this Act.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]

Chapter 3 WAGES AND SOCIAL GUARANTEES OF RESCUE SERVANTS 
[RT I, 26.03.2013, 2 - entry into force 01.04.2013]

§ 11.  Remuneration of rescue servants for work

(1) The wages of rescue servants comprise basic wages, variable wages, and additional remuneration provided by law and paid on the basis of law.
(2) Basic wage is the amount of money corresponding to the post of the rescue servant and arising from the salary rate determined for the rescue servant. The salary rate is a specific amount or a range of amounts.
(3) Variable wage is an irregular portion of the wages of a rescue servant that may be paid as performance-related wages, an additional remuneration for the performance of additional duties or a bonus in the cases provided by law.
(4) When establishing the salary rates, the requirements for the qualification of rescue servants, the specifications of their service or working conditions, the region, and other indicators characterising the peculiarity of their work shall be taken into account.
(5) The salary rates of rescue servants, and the procedure for determining the basic wages and paying variable wages and additional remuneration to rescue servants shall be established by a regulation of the minister responsible for the field.

§ 12.  Salary grades of rescue servants

[Repealed – RT I, 26.03.2013, 2 – entry into force 01.04.2013]

§ 13.  Length of rescue service

(1) The length of rescue service shall include the time worked in the post of a rescue servant.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(2) The length of the rescue service shall also include:
1) the time worked as a rescue servant or a firefighter and rescue worker in a state or local government rescue service agency, an institution of professional higher education for public defence or the Väike-Maarja Rescue School as of 24 April 1994;
2) the time worked as a firefighter in a state or local government rescue service agency from 5 February 1991 to 23 April 1994;
3) the time worked in a position within the rescue field, which grants rescue servants the right to superannuated pension, in the Ministry of the Interior or authorities in its area of government until 4 February 1991;
4) the length of police service and border guard service that has been calculated on the basis of the Police Service Act and the Border Guard Service Act until 1 January 2010;
[RT I 2009, 62, 405 – entry into force 01.01.2010]
41) the time worked as a police officer on the basis of the Police and Border Guard Act as of 1 January 2010;
[RT I 2009, 62, 405 – entry into force 01.01.2010]
5) the time worked in militarised rescue units;
6) the time worked in militarised and professional fire brigades and units, and in civil defence headquarters in cities, districts and the republic;
7) the time worked in local structural units within national firefighting supervision;
8) the time worked in a firefighting association as an A-brigade driver, firefighter, firefighter/driver, senior watchman, brigade chief;
9) the time that a person sent by the Rescue Board or a rescue service agency spent working in rescue service agencies of other states and in international rescue organisations, also the time spent as an expert on an international civil mission;
[RT I, 04.03.2011, 1 – entry into force 01.04.2011]
10) the time spent studying in the rescue specialty in an institution of professional higher education for public defence, in the Väike-Maarja Rescue School, in the Väike-Maarja Study Centre, in the State Rescue School of the Väike-Maarja Study Centre, and in other states’ educational institutions in the field of firefighting and rescue;
11) the time spent in conscript or active service in the Defence Forces or in alternative service in Estonia;
[RT I, 10.07.2012, 2 – entry into force 01.04.2013]
12) the time spent working in the Ministry of the Interior if it was preceded and followed by work as a rescue servant, a firefighter or a rescue worker in a state or local government rescue service agency, and also the time spent working in the Ministry of the Interior in a position determined by the minister responsible for the field which requires rescue-related preparation.

§ 14.  Compensation in case rescue servant is killed, dies or becomes incapacitated for work due to performance of duties

(1) In the case a rescue servant is killed upon the performance of duties arising from the main functions of the authority or dies as a result of an injury suffered in the performance of duties, the state shall pay the children, parents, widow or widower of the rescue servant and persons who were maintained by him or her on the bases of the Family Law Act a lump-sum compensation in a total amount equal to ten years’ wages of the deceased.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(2) If a rescue servant is killed on the circumstances provided for in subsection (1) of this section, the state shall cover the funeral expenses provided for in § 3 of the State Funeral Benefits Act.
(21) Rescue servants have the right to specify a natural person or natural persons who will receive up to 50 per cent of the compensation specified in subsection (1) of this section.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(22) The minister responsible for the field shall establish by a regulation the procedure for determining the persons entitled to the compensation specified in subsection (21) of this section.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(3) The state shall pay a benefit to a rescue servant who is declared permanently incapacitated for work due to an injury or illness as a result of the performance of duties arising from the main functions of the authority, based on the extent of the incapacity for work established by a first expert analysis of permanent incapacity for work carried out by the Social Insurance Board as follows (hereinafter maximum benefit):
1) in the case of a partial loss of capacity for work which did not result in release from the rescue service—up to his or her one year’s wages;
2) in the case of a partial loss of capacity for work which resulted in release from the rescue service—up to his or her two years’ wages;
3) in the case of a total loss of capacity for work—up to his or her seven years’ wages.
(4) The benefit laid down in subsection (3) shall be paid in parts. The amount of a part depends on the period of permanent incapacity for work determined in the decision of the first or repeated expert analysis.
(5) The total benefit shall not exceed the maximum benefit corresponding to the extent of the first permanent loss of capacity for work.
(6) If the extent of a person’s loss of capacity for work changes, the further payment of the benefit shall be based on the benefit laid down in subsection (3) corresponding to the permanent loss of capacity for work determined by a repeated expert analysis, taking into account the benefit already paid.
(7) If as a result of a repeated expert analysis a person is entitled to a benefit in a lesser amount than has been paid to him or her, the overpaid sum shall not be reclaimed from the person.
(8) If a person was no longer paid a benefit in connection with a decrease in the permanent loss of capacity for work but his or her permanent loss of capacity for work has increased based on the decision of a repeated expert analysis, the period of payment of the benefit together with the period for which the benefit was not paid shall not, in total, be longer than the period which serves as the basis for the calculation of his or her maximum benefit.
(9) If the period of permanent loss of capacity for work determined by a repeated expert analysis begins in the calendar year following the first expert analysis, the wages which serve as the basis for the calculation of the benefit shall be adjusted by the consumer price index of the year when the loss of capacity for work was first determined. If the period of loss of capacity for work determined by a repeated expert analysis begins later, the wages which serve as the basis for the calculation of the benefit shall be adjusted by the consumer price indexes as of the year when the permanent loss of capacity for work was first determined until the year preceding the last expert analysis.
(10) A rescue servant’s one month’s wages shall be calculated based on the average wages calculated on the basis of the Employment Contracts Act prior to the month when he or she was killed or injured.
(11) The medical treatment expenses and costs of medicinal products of a rescue servant who has been injured or become ill as a result of the performance of duties arising from the main functions of the authority shall be borne by the state.
(12) The expenses specified in this section shall be covered by the state budget through the budget of the Ministry of the Interior.
(13) The provisions of this section shall not be applied if the rescue servant has, in the performance of the duties related to the rescue servant being killed or suffering an injury:
1) committed an offence;
2) committed suicide or attempted suicide;
3) caused bodily harm to himself or herself which is not in a cause-and-effect relationship with the medical condition and did not result from unlawful behaviour of other persons;
4) been intoxicated by alcohol, a narcotic drug or a psychotropic substance.
(14) After the payment of a benefit under this section, the state shall have the right of recourse in the amount paid as a benefit with regard to the person at fault. In matters of recourse actions the state shall be represented by the minister responsible for the field or a person authorised by him or her.

§ 15.  Application for and payment of benefits paid in case rescue servant is killed, dies or is declared to be permanently or partly incapacitated for work

The procedure for the calculation, grant and payment of the benefits and expenses provided for in the case a rescue servant is killed, dies or is declared to be permanently or partly incapacitated for work shall be established by a regulation of the minister responsible for the field.

§ 16.  Medical examinations and vaccination of rescue servants

(1) Rescue service agencies shall ensure that rescue servants get an examination free of charge, verifying the compliance with the health requirements which are part of the requirements for professional qualification provided for in § 7 (4) of this Act.
(2) Rescue service agencies shall guarantee to rescue servants vaccination free of charge to the extent of and pursuant to the procedure determined by the head of the corresponding rescue service agency. Vaccination of rescue servants is voluntary.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]

§ 17.  Uniform of rescue servants and full-time students of Rescue College

(1) Rescue servants and full-time students of the Rescue College shall be given a uniform free of charge.
(2) The description of the uniform shall be established by a regulation of the Government of the Republic.
(3) The procedure for giving and wearing a uniform shall be established by a directive of the head of the rescue service agency and the Rector of the institution of higher professional education for public defence, respectively.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
(4) Other persons and organisations related to the rescue domain may wear a uniform in agreement with the head of the rescue service agency.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]

§ 18.  State old-age pension of rescue servants

(1) Rescue servants are guaranteed state old-age pension on the basis of the State Pension Insurance Act, taking into account the specifications provided for in this Act.
(2) State old-age pensions are increased as follows:
1) in the case of rescue service of 10–15 years—by 10%;
2) in the case of rescue service of 16–20 years—by 20%;
3) in the case of rescue service of 21–25 years—by 25%;
4) in the case of rescue service of 26–30 years—by 40%;
5) in the case of rescue service of over 30 years—by 50%.
(3) § 113 of the Civil Service Act does not apply to rescue servants.
[RT I, 06.07.2012, 1 – entry into force 01.04.2013]
(4) Expenses arising from the increase of old-age pensions provided for in subsection (2) of this section shall be covered from the state budget funds.
(5) The state old-age pension specified in this section shall be granted and paid after the end of work in the position of a rescue servant and after the payment of an allowance of a rescue servant waiting for old-age pension.
[RT I 2010, 29, 151 – entry into force 20.06.2010]
(6) A person who has been convicted of an offence provided for in Chapter 15 or Division 2 of Chapter 17 of the Penal Code for which the Penal Code prescribes imprisonment of at least up to five years shall forfeit the right to the increase of old-age pension provided for in subsection (2) of this section.
[RT I 2010, 29, 151 – entry into force 20.06.2010]
(7) If a person was paid a state old-age pension provided for in this section together with the increase of the old-age pension, the payment of the increased old-age pension shall be terminated as of the month following the month when the court judgment entered into force. If a person forfeits the right to the increase of old-age pension provided for in this section, he or she maintains the right to a state pension on general bases.
[RT I 2010, 29, 151 – entry into force 20.06.2010]
(8) Within 10 working days as of the entry into force of the court judgment, the court shall inform the Social Insurance Board of the fact in connection with which the person forfeits the right to the increase of old-age pension provided for in this section.
[RT I 2010, 29, 151 – entry into force 20.06.2010]

§ 19.  Allowance of rescue servant waiting for old-age pension

(1) A rescue servant who has been in the rescue service for at least 15 years and who has not been granted a state pension has the right to start waiting for the old-age pension three years before reaching the pensionable age provided for in § 7 of the State Pension Insurance Act.
[RT I 2010, 29, 151 – entry into force 20.06.2010]
(2) From the time a rescue servant starts waiting for the old-age pension until the time the state old-age pension is granted the rescue service agency shall pay to the rescue servant an allowance equal to the amount of his or her old-age pension, taking into account the specifications provided for in this Act. No allowance shall be paid when the person is working as a rescue servant.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
(21) A person who has been convicted of an offence provided for in Chapter 15 or Division 2 of Chapter 17 of the Penal Code for which the Penal Code prescribes imprisonment of at least up to five years shall forfeit the right to the allowance of a rescue servant waiting for the old-age pension provided for in this section.
[RT I 2010, 29, 151 – entry into force 20.06.2010]
(22) If a person was paid an allowance of a rescue servant waiting for the old-age pension provided for in this section, the payment of the allowance shall be terminated as of the month following the month when the court judgment entered into force. If a person forfeits the right provided for in this section, he or she maintains the right to apply for a pension on general bases.
[RT I 2010, 29, 151 – entry into force 20.06.2010]
(23) Within 10 working days as of the entry into force of the court judgment, the court shall inform the rescue service agency of the fact in connection with which the person forfeits the right to the allowance of a rescue servant waiting for the old-age pension provided for in this section.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
(3) Expenses arising from the payment of the allowance provided for in subsection (2) of this section shall be covered from the state budget funds.
(4) The procedure for the grant, calculation and payment of the allowance of a rescue servant waiting for the old-age pension shall be established by a regulation of the minister responsible for the field.

Chapter 4 WORKING AND REST TIME OF RESCUE SERVANTS 

§ 20.  Working and rest time and on-call time of rescue servants

(1) The working and rest time of officials of the rescue service shall be determined on the basis of the Civil Service Act and the working and rest time of rescue workers shall be determined on the basis of the Employment Contracts Act, taking into account the specifications provided for in this Act.
[RT I, 06.07.2012, 1 – entry into force 01.04.2013]
(2) The calculation period for the working time of rescue servants is up to six months.
(3) The conditions provided for in the Civil Service Act for work done on public holidays and the restriction on night work shall not be applied to officials of the rescue service, provided working does not harm the health or safety of the officials of the rescue service and the working time does not exceed the restriction specified in § 36 of the Civil Service Act. The restriction on night work provided for in the Employment Contracts Act shall not be applied to rescue workers, provided working does not harm the health or safety of the rescue workers and the working time does not exceed the restriction specified in § 46 (1) of the Employment Contracts Act.
[RT I, 06.07.2012, 1 – entry into force 01.04.2013]
(4) If, due to work-related interests, a rescue servant must be available to the rescue service agency for the performance of duties outside the working time and the said obligation has been included in his or her job description (hereinafter on-call time), it shall be taken into account in determining his or her basic wages. No additional remuneration shall be paid to the rescue servant for it and it shall not be compensated for by granting time off.
[RT I, 26.03.2013, 2 – entry into force 01.04.2013]
(5) If, due to work-related interests, a rescue servant must be available to the rescue service agency for the performance of duties outside the working time but the said obligation has not been included in his or her job description and it has not been taken into account in determining his or her basic wages (hereinafter unscheduled on-call time), additional remuneration shall be paid to the rescue servant in the amount of at least 1/10 of the basic wages, or it shall be compensated for by granting time off to the extent of at least 1/4 of the unscheduled on-call time.
[RT I, 26.03.2013, 2 – entry into force 01.04.2013]
(6) The on-call time of a rescue servant is part of the rest time. The on-call time of a rescue servant shall not exceed 128 hours per month.
(7) In applying on-call time, including unscheduled on-call time, the provisions of § 38 of the Civil Service Act shall not be applied to officials of the rescue service and § 48 of the Employment Contracts Act shall not be applied to rescue workers.
[RT I, 06.07.2012, 1 – entry into force 01.04.2013]
(8) The restrictions provided for in § 41 (1) of the Civil Service Act shall not be applied to officials of the rescue service and the restrictions provided for in § 51 (1) of the Employment Contracts Act shall not be applied to rescue workers provided working does not harm the health or safety of the officials of the rescue service or the rescue workers.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]

§ 201.  Unscheduled overtime work

(1) A rescue service agency may require a rescue servant to perform, without his or her consent, his or her duties outside the working time, including on days off and national holidays, if the duties arise from extraordinary circumstances and the duties must be performed immediately (hereinafter unscheduled overtime work). In the case of the summarised calculation of working time, unscheduled overtime work is the performance of duties exceeding the working time at the end of the calculation period.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(2) A rescue servant who is pregnant or who is entitled to maternity leave may not be required to perform overtime work.
[RT I, 06.07.2012, 1 – entry into force 01.04.2013]
(3) When compensating for overtime work, the rescue service agency shall pay a rescue servant 1.5 times the salary or, at the request of the rescue servant, provide additional time off which equals the length of the period of overtime work.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]

§ 202.  Holiday of rescue servant

(1) The length of the basic holiday of a rescue servant is 35 calendar days.
(2) A rescue servant shall be granted the basic holiday and other holidays on the bases of and pursuant to the procedure provided for in this Act and in other Acts.
(3) In justified cases, a rescue servant may be granted paid additional holiday of up to ten calendar days per year.
[RT I, 06.07.2012, 1 – entry into force 01.04.2013]
(31) A claim for additional holiday specified in subsection (3) of this section expires after one year as of the end of the service year for which the additional holiday is calculated. Additional days of holiday which have not been used and which have not expired are not compensated for in money upon release from service.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]
(4) [Repealed – RT I, 06.07.2012, 1 – entry into force 01.04.2013]
(5) The holiday of a rescue servant may be interrupted without his or her consent if he or she is called back to service due to the declaration of an emergency, an emergency situation, a state of emergency or a state of war.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]

§ 21.  Interruption of holiday and rest time of rescue servants

[Repealed – RT I, 19.03.2015, 2 – entry into force 29.03.2015]

§ 22.  Rescue work outside dispatch jurisdiction

The provisions of § 44 of the Civil Service Act and § 21 of the Employment Contracts Act shall not be applied to requiring a rescue servant to perform within 24 hours rescue work outside the dispatch jurisdiction assigned to him or her by a directive of the Director General of the Rescue Board.
[RT I, 06.07.2012, 1 – entry into force 01.04.2013]

Chapter 5 INCITEMENT AND EXERCISE OF DISCIPLINARY AUTHORITY 
[RT I, 29.12.2011, 1 - entry into force 01.01.2012]

§ 23.  Incentives

(1) The incentives applied to rescue servants are:
1) expression of appreciation;
2) grant of a monetary award;
3) grant of a gift;
4) award of a certificate of honour;
5) award of a badge of honour of the rescue service.
(2) The types and description and the procedure for the grant and wearing of the badges of honour of the rescue service shall be established by a regulation of the minister responsible for the field in co-ordination with the Government Office.
(3) The incentives specified in subsection (1) of this section are also applied to persons who are not rescue servants.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]

§ 24.  Bases for applying incentives

(1) Incentives may be applied to rescue servants for:
1) long-time impeccable service, or
2) the outstanding performance of duties of employment.
(2) Several incentives may be applied at once.

§ 25.  Right to apply incentives

(1) The right to apply incentives to rescue servants lies with the head of a structural unit authorised by a directive of the head of the rescue service agency. The head of the rescue service agency shall determine in the directive the extent of the right to apply incentives to be granted to the head of a structural unit.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
(2) The minister responsible for the field and the head of a rescue service agency have the right to apply incentives to all rescue servants.
(3) Only the minister responsible for the field has the right to apply the incentive specified in § 23 (1) 5) of this Act.

§ 251.  Competence to exercise disciplinary authority

In addition to the provisions of the Civil Service Act, the minister responsible for the field has the right to commence disciplinary proceedings with regard to an official of the rescue service, including an official of a rescue service agency, and the right to impose a disciplinary punishment on him or her.

Chapter 6 IMPLEMENTING PROVISIONS 

Division 1 Amendments in Other Acts 

§ 26. – § 32. [Omitted from this text.]

Division 2 Entry into Force and Validity 

§ 33.  Period of validity of specification of state old-age pension

§§ 18 and 19 of this Act are valid for 15 years as of the entry into force of the Act, and when the validity of the said sections expires the pension granted to rescue servants shall be maintained.

§ 331.  Application of § 7 (3) of the Rescue Service Act

[Repealed – RT I, 31.12.2014, 4 – entry into force 01.01.2015]

§ 332.  Entry into force of § 202 of the Rescue Service Act

§ 202 of this Act enters into force on 1 January 2011.
[RT I 2010, 29, 151 – entry into force 20.06.2010]

§ 333.  Expiry of and compensation for additional holiday granted for length of rescue service

Unused days of additional holiday for a year, within the length of rescue service, which has ended before 1 April 2013 shall expire within four years as of 1 April 2013. Expiry is suspended for the period of time when a rescue servant is on pregnancy and maternity leave, adoptive parent leave or parental leave, as well as for when a rescue servant is undertaking military service or alternative service. Days of additional holiday which have not been used and which have not expired shall be compensated for in money upon resignation from the service.
[RT I, 19.03.2015, 2 – entry into force 29.03.2015]

§ 34.  Entry into force of Act

This Act enters into force on 1 March 2008.
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