Members Of The Xii Composition Of The Supreme Council Of The Republic Of Estonia And Of The Vii, Viii And Ix Composition Of The Riigikogu Pension Act

Link to law: https://www.riigiteataja.ee/en/eli/ee/Riigikogu/act/512112014003/consolide
Published: 2009-07-14

Members of the XII composition of the Supreme Council of the Republic of Estonia and of the VII, VIII and IX composition of the Riigikogu Pension Act
[RT I 2007, 44, 316 - entry into force 14.07.2007]

Passed 18.06.1992
RT 1992, 28, 381
Entry into force 01.07.1992
Amended by the following legal instruments (show)

Passed
Published
Entry into force

26.06.1996
RT I 1996, 51, 966
01.10.1996

24.11.1998
RT I 1998, 107, 1765
14.03.1999

19.01.1999
RT I 1999, 10, 153
14.03.1999

13.02.2001
RT I 2001, 21, 117
10.03.2001

28.01.2003
RT I 2003, 18, 97
22.03.2003

12.11.2003
RT I 2003, 75, 497
enters into force on the starting date of authority of the XI composition of the Riigikogu on 27.03.2007

14.06.2007
RT I 2007, 44, 316
14.07.2007

22.01.2008
RT I 2009, 12, 70
14.07.2009

18.02.2009
RT I 2009, 15, 94
10.03.2009, applied to persons in respect to whom a judgment of conviction enters into force after entry into force of the Act.

Part I Salaries and compensations  
[Repealed - RT I 2007, 44, 316 - entry into force 14.07.2007]

Part II Parliament pensions 

§ 12.  A parliament pension is a state pension granted and paid on the basis of this Act to a member of the XII composition of the Supreme Council and of the VII, VIII and IX composition of the Riigikogu or as a survivor's pension to his or her family member.
[RT I 2003, 18, 97 - entry into force 22.03.2003]
§ 13.  Parliament pensions are:
1) old-age pension of a member of the parliament;
2) pension for incapacity for work of a member of the parliament;
3) survivor's pension for a family member of a member of the parliament.
§ 14.  A member of the Riigikogu who has attained the pensionable age of a member of the parliament provided for in § 27 of this Act, provided that his or her pension qualifying period is at least 25 years and he or she has been a member of one or more compositions of the Riigikogu for at least three years in total, has the right to receive an old-age pension of a member of the parliament.
Upon suspension of the authority of a member of the Riigikogu due to his or her appointment as a member of the Government of the Republic, the time during which he or she holds the position of the Prime Minister or a minister shall be deemed equal to the time of holding the position of a member of the Riigikogu.
The pension qualifying period shall be calculated pursuant to the procedure provided for in other Acts concerning state pensions.
[RT I 2003, 18, 97 - entry into force 22.03.2003]
§ 141.  The amount of the old-age pension of a member of the parliament granted to a member of the Riigikogu who has held the position of a member of the Riigikogu for:
1) at least 3 years – 40% of the salary of a member of the Riigikogu;
2) at least 6 years – 60% of the salary of a member of the Riigikogu;
3) at least 9 years – 75% of the salary of a member of the Riigikogu.
§ 15.  An old-age pension of a member of the parliament shall not be paid:
1) during the time of holding the position of a member of the Riigikogu, the President of the Republic, a member of the Government of the Republic, the Chief Justice or a justice of the Supreme Court, a judge, the Commander of the Defence Forces, the Chancellor of Justice, the Auditor General, the President of the Bank of Estonia or a Member of the European Parliament;
[RT I 2009, 12, 70 - entry into force 14.07.2009]

2) during the time when a member of the Riigikogu retains his or her salary upon the termination of his or her authority.
[RT I 2003, 18, 97 - entry into force 22.03.2003]
§ 16.  A person who becomes totally or partially incapacitated for work during the time of holding the position of a member of the Riigikogu shall have the right to receive a pension for incapacity for work of a member of the parliament, regardless of his or her age or pension qualifying period.
The time at which permanent incapacity for work arises and the reason for and duration of permanent incapacity for work, and the percentage of the loss of capacity for work shall be established pursuant to the procedure provided for in the State Pension Insurance Act.
If a member of the Riigikogu who becomes permanently incapacitated for work has the right to receive an old-age pension of a member of the parliament at the same time, either a pension for incapacity for work or an old-age pension of a member of the parliament shall be granted to the member based on his or her wish.
[RT I 2003, 18, 97 - entry into force 22.03.2003]
§ 17.  The amount of the pension for incapacity for work of a member of the parliament is:
1) in the case of total incapacity for work – 70% of the salary of a member of the Riigikogu;
2) in the case of partial incapacity for work – the percentage of the pension provided for in clause 1) of this section which corresponds to the percentage of the loss of capacity for work.
A pension for incapacity for work shall not be granted to a member of the Riigikogu if the percentage of the loss of his or her capacity for work is less than 40.
A pension for incapacity for work of a member of the parliament shall not be paid during the time of holding the position of a member of the Riigikogu and during the time when a member of the Riigikogu retains his or her salary upon the termination of his or her authority.
[RT I 2003, 18, 97 - entry into force 22.03.2003]
§ 18.  Upon the death of a member of the Riigikogu, a survivor’s pension shall be granted to his or her dependent family members. Persons who have the right to receive a survivor's pension on the basis of other Acts providing state pensions shall be deemed to be dependent family members.
§ 19.  A survivor's pension shall be 30 per cent of the salary of a member of the Riigikogu for each family member who is incapacitated for work, but the total amount shall not exceed the salary of a member of the parliament.
§ 20.  If the salary of a member of the Riigikogu on the basis of which a pension is calculated is changed, the pension shall be recalculated.
§ 21.  A member of the Riigikogu who has the right to receive several classes of state pension shall be granted one pension at his or her choice.
§ 22.  A pension application shall be submitted to the Chancellery of the Riigikogu which shall prepare the documents within 10 days after the receipt of the application and issue a pension certificate.
§ 23.  The calculation, recalculation and payment of pensions shall be carried out through the Chancellery of the Riigikogu.
§ 24.  Parliament pensions shall be paid from the state budget.
§ 25.  In the cases not specified in this Act, other Acts providing state pensions shall apply.

Part III Other social guarantees  

§ 26.  [Repealed - RT I 2007, 44, 316 - entry into force 14.07.2007]

§ 261.  [Repealed - RT I 2007, 44, 316 - entry into force 14.07.2007]

§ 27.  A person who meets the requirements provided for in § 14 of this Act shall have the right to receive an old-age pension of a member of the parliament if he or she has attained the pensionable age generally established in the state or if he or she is up to two years short of the pensionable age by the time of termination of the authority of the member of the Riigikogu.

Part IV Final provisions  

§ 28.  This Act does not apply to a member of the Riigikogu whose authority is prematurely terminated upon the entry into force of a judgment of conviction against him or her.
[RT I 2003, 18, 97 - entry into force 22.03.2003]
§ 281.  A person convicted for an offence provided for in Chapter 15 or Division 2 of Chapter 17 of the Penal Code, for which the Penal Code prescribes at least up to five years' imprisonment, loses the right to an old-age pension of a member of the parliament provided for in this Act. If a person was paid an old-age pension of a member of the parliament provided for in this Act, the payment of the pension is terminated as of the month following the month of entry into force of the judgment. In the case of losing the right to an old-age pension of a member of the parliament provided for in this Act, the person retains the right to apply for a pension pursuant to general principles.
[RT I 2009, 15, 94 - entry into force 10.03.2009 - applied to persons in respect of whom a judgment of conviction enters into force after the entry into force of the Act.]
§ 282.  The court is required to notify the Chancellery of the Riigikogu within 10 working days as of the entry into force of the court judgment in writing of the fact in connection with which the person loses the right to an old-age pension of a member of the parliament provided for in this Act.
[RT I 2009, 15, 94 - entry into force 10.03.2009 - applied to persons in respect of whom a judgment of conviction enters into force after the entry into force of the Act.]
§ 29.  This Act applies to the members of the XII composition of the Supreme Council of the Republic of Estonia whose authority continues until the announcement of the results of the Riigikogu elections and who have participated in at least half of the plenary sessions of the specified composition. The requirement of participating in the sessions shall not apply with regard to the chairman of the Supreme Council, the Prime Minister and ministers during the term of authority thereof.
§ 291.  Members of the XII composition of the Supreme Council of the Republic of Estonia and of the VII and VIII Riigikogu shall, regardless of whether they are elected to the IX or any following composition of the Riigikogu, retain the right to receive an old-age pension of a member of the parliament on the conditions and in the amount in force before the beginning of the authority of the IX Riigikogu (§§ 14, 26 and 27).
The conditions provided for in subsections 14 (2) and (3) of this Act and entered into force on the starting date of the authority of the IX Riigikogu shall also apply to the members of the XII composition of the Supreme Council of the Republic of Estonia and of the VII and VIII Riigikogu.
If a person who was holding a position specified in § 15 of this Act on the starting date of the authority of the IX Riigikogu was paid an old-age pension of a member of the parliament at the same time, payment of the old-age pension of a member of the parliament shall continue if the person continues to hold the same position.
§ 292.  In the case of members of the XII composition of the Supreme Council of the Republic of Estonia and of the VII, VIII and IX Riigikogu, regardless of whether they are elected to any following composition of the Riigikogu, the time of holding the position of a member of any following composition of the Riigikogu shall not be added to the time of working which grants the right to receive an old-age pension of a member of the parliament.
[RT I 2003, 18, 97 - entry into force 22.03.2003]
§ 30.  Issues concerning the application of this Act shall be settled by the Chancellery of the Riigikogu.
§ 31.  This Act enters into force as of 1 July 1992.
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