Law on the Retention and Transfer of Pension Rights of Officials of the Institutions of the European Union and of Members of the European Parliament


Published: 2009-12-11

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Translated from Lithuanian
 
REPUBLIC OF LITHUANIa
 
Law
on the RETENTION and Transfer of Pension Rights of Officials of the Institutions of the European UNION and of Members of the European Parliament
 
12 November 2009 – No XI-473 Vilnius
 
 
 
CHAPTER ONE
GENERAL PROVISIONS
 
Article 1.  Purpose of the Law
1. The purpose of this Law shall be to ensure that the pension rights of persons who work (worked) at the institutions of the European Union (hereinafter referred to as the “officials of the EU institutions”), acquired in the Republic of Lithuania and at the institutions of the European Union, are retained and transferred from one pension scheme to another, while the pension rights of Members of the European Parliament, acquired in the Republic of Lithuania, are retained.
2. This Law shall aim at ensuring the application of the provisions of legal acts of the European Union (hereinafter referred to as the “implementing legislation of the EU”) listed in Annex 2 to this Law.
3. The pension rights of officials of the EU institutions shall be retained and transferred pursuant to the provisions of the implementing legislation of the EU and Articles 3–11 of this Law by transferring funds securing the pension rights acquired by those persons. 
4. The pension rights of Members of the European Parliament acquired in the Republic of Lithuania shall be retained in accordance with the provisions of Article 12 of this Law by summing up, in the case provided for in paragraph 2 of Article 12, the duration of their mandate of a Member of the European Parliament and the record of state social pension insurance. 
 
Article 2.  Scope of the Law
1. This Law shall apply to:
1) officials of the EU institutions who have acquired the state social pension insurance record pursuant to the Law of the Republic of Lithuania on State Social Insurance Pensions (hereinafter referred to as the “Law on State Social Insurance Pensions”) and/or pension rights in the pension scheme of the EU institutions;
2) Members of the European Parliament who have acquired the state social pension insurance record pursuant to the Law on State Social Insurance Pensions.
2. This Law shall regulate:
1) the procedure for calculating and transferring the funds securing the pension rights of officials of the EU institutions acquired pursuant to the Law on State Social Insurance Pensions before the commencement of their employment with the EU institutions (hereinafter referred to as the “funds for the pension rights acquired in the State Social Insurance Fund of the Republic of Lithuania” (hereinafter referred to as the “SSI Fund”), as well as the procedure for transferring the funds accumulated under the Law of the Republic of Lithuania on the Accumulation of Pensions (hereinafter referred to as the “Law on the Accumulation of Pensions”) in the person’s name (hereinafter referred to as the “funds accumulated in the pension fund”) to the pension scheme of the EU institutions;
2) the procedure for transferring the funds securing the pension rights of officials of the EU institutions acquired under the pension scheme of the EU institutions (hereinafter referred to as the “funds for the pension rights acquired under the pension scheme of the EU institutions”) to the budget of the SSI Fund, the pension fund meeting the requirements set in the implementing legislation of the EU or to the budget of the SSI Fund and the pension fund operating in compliance with the Law on the Accumulation of Pensions.
3. This Law shall apply to Members of the European Parliament to the extent the implementing legislation of the EU provides for the retention of pension rights acquired by those persons under the national pension scheme.
4. The provisions of this Law concerning the transfer of pension rights acquired in the SSI Fund to the pension scheme of the EU institutions shall not apply to persons who have attained the old-age retirement age as specified by the Law on State Social Insurance Pensions where they have already been awarded and receive the state social insurance old-age, work incapacity (invalidity) or retirement pensions. 
 
CHAPTER TWO
PROCEDURE FOR TRANSFERRING PENSION RIGHTS ACQUIRED IN THE SSI FUND AND PENSION FUND TO THE PENSION SCHEME OF THE EU INSTITUTIONS
 
Article 3.  Supply of Information about the Pension Rights Acquired by a Person to the Competent EU Institution
1. The Board of the State Social Insurance Fund under the Ministry of Social Security and Labour (hereinafter referred to as the “SSI Fund Board”) shall calculate the funds for the pension rights acquired by a person in the SSI Fund, organise the calculation of the funds accumulated in the pension fund and supply information to the competent EU institution. The SSI Fund Board shall have the right to authorise another administration agency of the SSI Fund Board to perform the functions assigned to the SSI Fund Board by this Law.
2. Where a request by the competent EU institution for supply of information about the pension rights acquired by the person indicates calculation of the amount of funds accumulated in the pension fund and there is a record in the Republic of Lithuania Register of Pension Accumulation Agreements (hereinafter referred to as the “Register of Pension Accumulation Agreements”) managed by the SSI Fund Board that the person participates in pension accumulation pursuant to the Law on the Accumulation of Pensions, the respective pension accumulation company shall, at the request of the SSI Fund Board, supply information on the amount of funds accumulated in the pension fund to the SSI Fund Board. The information on the amount of funds accumulated in the relevant pension fund shall be supplied by the pension accumulation company according to their value on the day of submission of information.  
3. Information on the pension rights of persons acquired in the SSI Fund or in the SSI Fund and pension fund prior to commencing employment with the EU institutions shall be supplied in accordance with the procedure and within the time limits set out in a description of the procedure for the retention and transfer of pension rights of officials of the institutions of the European Union and of Members of the European Parliament.
 
Article 4.  Calculation of Funds for the Pension Rights Acquired by a Person in the SSI Fund
1. The funds for the pension rights acquired by a person in the SSI Fund shall be calculated for the period before the first day of the month in which he commenced employment with the EU institutions, regardless of the fact that the person has not acquired the minimum state social pension insurance record to receive the state social insurance old-age pension as set out in the Law on State Social Insurance Pensions and has not attained the old-age retirement age to be entitled to the state social insurance old-age pension.
2. The funds for the pension rights acquired by a person in the SSI Fund prior to commencement of his employment with the EU institutions shall be calculated according to the formula specified in subparagraph 1 of Annex 1 to this Law, taking into account:
1) the amount of the state social insurance old-age pension calculated for that person pursuant to the Law on State Social Insurance Pensions according to the data held by the SSI Fund Board at the time of its calculation on the person’s state social pension insurance record and periods equivalent thereto, on the person’s insured income, income equivalent thereto and the amounts of the state social insurance basic pension and the insured income of the current year applicable at the time of calculation;
2) data on life expectancy (based on gender), calculated from the old-age retirement age set for men and women in the Law on State Social Insurance Pensions, published by the Department of Statistics under the Government of the Republic of Lithuania at the time of calculation of funds for the pension rights acquired by the person in the SSI Fund.
3. Where a person receives (received) the state social insurance old-age pension from the SSI Fund awarded pursuant to the Law of the Republic of Lithuania on the Early Payment of State Social Insurance Old-Age Pensions, the amount of funds for the pension rights acquired by the person in the SSI Fund, calculated according to the procedure specified in paragraph 2 of this Article, shall be reduced by the amount consisting of 0.4% of the calculated amount multiplied by the number of full months for which the person has received the early old-age pension.
 
Article 5.  Transfer of Funds
1. Upon receiving a request from the competent EU institution to transfer the funds for the pension rights acquired by a person in the SSI Fund or the SSI Fund and the pension fund, the SSI Fund Board shall transfer the amount of funds calculated pursuant to Article 4 of this Law in accordance with the procedure and within the time limits set out in the description of the procedure for the retention and transfer of pension rights of officials of the institutions of the European Union and of Members of the European Parliament into the account in a bank or another credit institution specified by the competent EU institution.
2. Where a request from the competent EU institution to transfer funds indicates to transfer the funds accumulated in the person’s name in the pension fund, at the request of the SSI Fund Board, the funds accumulated in the pension fund shall be transferred into the account in a bank or another credit institution specified by the Board in accordance with the procedure and within the time limits set out in the description referred to in paragraph 1 of this Article also supplying to the SSI Fund Board the information specified in subparagraphs 3 and 4 of paragraph 3 of this Article. The pension accumulation company shall calculate the funds to be transferred according to their value on the actual day of transfer.  
3. When transferring the funds, the SSI Fund Board shall indicate in writing or in any other manner coordinated with the competent EU institution:
1) the amount of funds for the pension rights acquired by the person in the SSI Fund;
2) the person’s state social pension insurance period and periods equivalent thereto for which the funds for the pension rights acquired by the person in the SSI Fund are transferred;
3) the amount of funds accumulated in the pension fund;
4) the dates of calculation of the funds referred to in subparagraphs 1 and 3 of this paragraph.
4. After transferring the funds for the pension rights acquired by the person in the SSI Fund, the data on the person’s state social pension insurance period and the periods equivalent thereto as well as data on the amount of funds transferred shall not be updated.
 
Article 6. Cessation of the Pension Rights Acquired by a Person in the SSI Fund  
1. After transferring the funds referred to in Article 5 of this Law, the SSI Fund Board shall make records in the Republic of Lithuania Register of Persons Covered by State Social Insurance and Recipients of State Social Insurance Benefits (hereinafter referred to as the “the Register of Persons Covered by State Social Insurance”) and the Register of Pension Accumulation Agreements that the pension rights acquired by the person in the SSI Fund for the period before the commencement of the person’s employment with the EU institutions and the funds accumulated in the pension fund (if transferred) have been transferred to the pension scheme of the EU institutions.
2. After transferring pension rights to the pension scheme of the EU institutions, the person’s right to receive the state social insurance pensions or compensation for special working conditions shall be forfeited, except for the cases where his pension rights have been transferred in accordance with the procedure laid down in Articles 8 and 10 of this Law to the SSI Fund or to the SSI Fund and pension fund operating in compliance with the Law on the Accumulation of Pensions. In the event of death of the person whose pension rights have been transferred to the pension scheme of the EU institutions and his pension rights have not been transferred in accordance with the procedure laid down in Articles 8 and 10 of this Law to the SSI Fund or to the SSI Fund and pension fund operating in compliance with the Law on the Accumulation of Pensions, state social insurance survivor’s and/or orphan’s pensions for such a person shall not be awarded.
3. Persons who were awarded and received state social insurance pensions (except for state social insurance survivor’s and/or orphan’s (loss of breadwinner’s) pensions) or compensations for special working conditions before the transfer of the funds specified in Article 5 of this Law to the pension scheme of the EU institutions, the payment of such pensions or compensations shall be discontinued from the first day of the month following the month in which the pension rights were transferred. After transferring the funds specified in Article 5 of this Law to the pension scheme of the EU institutions, the payment of state social insurance survivor’s and/or orphan’s (loss of breadwinner’s) pensions awarded to the person shall be renewed in accordance with the procedure set forth by the Law on State Social Insurance Pensions.
 
CHAPTER THREE
TRANSFER OF PENSION RIGHTS ACQUIRED IN THE PENSION SCHEME OF THE EU INSTITUTIONS TO THE SSI FUND, PENSION FUND OR THE SSI FUND AND PENSION FUND
 
Article 7. Basis for and Manner of Transfer of Funds for the Pension Rights Acquired by a Person in the Pension Scheme of the EU Institutions
1. A person who has terminated his employment with the EU institutions and according to the implementing legislation of the EU has acquired the right to transfer the pension rights acquired in the pension scheme of the EU institutions shall be entitled to transfer such pension rights, subject to requirements set out in the implementing legislation of the EU, to:
1) the SSI Fund;
2) the pension fund meeting the requirements of the implementing legislation of the EU;
3) the SSI Fund and the pension fund operating in compliance with the Law on the Accumulation of Pensions.
2. The procedure for transferring the pension rights acquired by a person in the pension scheme of the EU institutions in the manner selected by the person (subparagraphs 1 and 3 of this Article) shall be established in the description of the procedure for the retention and transfer of pension rights of officials of the institutions of the European Union and of Members of the European Parliament. The pension rights acquired in the pension scheme of the EU institutions shall be transferred when the SSI Fund Board receives from the competent EU institution the funds for the pension rights acquired by the person in the pension scheme of the EU institutions and information about the periods of his employment with the EU institutions for which the funds are transferred.
3. The manner of transfer of the pension rights acquired in the pension scheme of the EU institutions specified in subparagraph 3 of paragraph 1 of this Article may not be selected by persons who have attained the old-age retirement age established in the Law on State Social Insurance Pensions.
 
Article 8. Crediting of Funds for the Pension Rights Acquired by a Person in the Pension Scheme of the EU Institutions into the SSI Fund
1. Where a person selects the manner referred to in subparagraph 1 of paragraph 1 of Article 7 of this Law for transferring the pension rights, the periods of employment with the EU institutions and other periods set out in the implementing legislation of the EU shall, in accordance with the procedure established in the Law on State Social Insurance Pensions, be held equivalent to the person’s state social pension insurance record acquired while working under an employment contract or on the basis of membership or service as if the person has been covered by state social pension insurance pursuant to the Law of the Republic of Lithuania on State Social Insurance. The income held equivalent to the person’s insured income calculated in accordance with the procedure established in paragraph 2 of this Article shall be considered to be the person’s insured income during the periods of employment with the EU institutions.  
2. Income held equivalent to the person’s insured income for each calendar year of employment with the EU institutions shall be determined by multiplying the coefficient (K3) of the person’s income held equivalent to the insured income, calculated according to the formula specified in subparagraphs 2 or 4.1 of Annex 1 to this Law, by the insured income of the year as valid during the year for which the income equivalent to the person’s insured income is determined and by the number of months during which that calendar year the person was employed with the EU institutions.
3. Where a person whose pension rights acquired in the SSI Fund have been transferred to the pension scheme of the EU institutions selects the manner of transfer of the pension rights specified in subparagraph 1 of paragraph 1 of Article 7 of this Law, the data held in the Register of Persons Covered by State Social Insurance about the person’s state social pension insurance periods and insured income prior to the transfer of the person’s pension rights to the pension scheme of the EU institutions shall be restored in this register.
4. Where a person whose pension rights acquired in the SSI Fund and a pension fund operating in compliance with the Law on the Accumulation of Pensions have been transferred to the pension scheme of the EU institutions selects the manner of transfer of the pension rights specified in subparagraph 1 of paragraph 1 of Article 7 of this Law, the pension rights for the period prior to commencement of employment with the EU institutions shall be restored in the SSI Fund without applying the provisions of the Law on State Social Insurance Pensions relating to reduction of the coefficient of the person’s insured income.
5. Upon crediting the funds for the pension rights acquired by a person in the pension scheme of the EU institutions to the SSI Fund, the SSI Fund Board shall enter in the Register of Persons Covered by State Social Insurance data about the person’s periods of employment with the EU institutions and the amounts of income credited for each calendar year of employment with the EU institutions, held equivalent to the person’s insured income.
 
Article 9. Transfer of Funds for the Pension Rights Acquired by a Person in the Pension Scheme of the EU Institutions into the Pension Fund
Where a person selects the manner referred to in subparagraph 2 of paragraph 1 of Article 7 of this Law for transferring the pension rights, the funds for the pension rights acquired in the pension scheme of the EU institutions shall, pursuant to the implementing legislation of the EU, be transferred into the account of the pension fund specified by the person meeting the requirements set in the implementing legislation of the EU.
 
Article 10. Transfer of Funds for the Pension Rights Acquired by a Person in the Pension Scheme of the EU Institutions into the SSI Fund and Pension Fund
1. Where a person selects the manner referred to in subparagraph 3 of paragraph 1 of Article 7 of this Law for transferring the pension rights, the SSI Fund Board shall calculate the amounts of funds to be transferred to the SSI Fund and the pension fund selected by the person operating in compliance with the Law on the Accumulation of Pensions if the person has concluded a pension accumulation agreement with the manager of the said fund, which is registered in the Register of Pension Accumulation Agreements.
2. The amount of funds transferred to the pension fund shall be calculated taking into account a portion of the rate of the state social pension insurance contribution transferred to pension accumulation companies and the sum of rates of social pension insurance contribution of the insurer and social pension insurance contribution of the person insured, approved by the Law of the Republic of Lithuania on the Approval of the Indicators of the Budget of the State Social Insurance Fund, as valid on the day of filing of an application to transfer the pension rights acquired in the pension scheme of the EU institutions, in accordance with the procedure specified in subparagraphs 3 and 4.2 of Annex 1 to this Law.
3. The record of state social pension insurance acquired by a person, the person’s state social pension insurance periods and the person’s insured income (income held equivalent to the insured income) shall be determined in accordance with the provisions of paragraphs 1, 2 and 3 of Article 8 of this Law, taking into consideration the amount of funds credited to the SSI Fund. Data on the periods of the person’s employment with the EU institutions and the amounts of funds, held equivalent to the person’s insured income, credited for each calendar year of employment with the EU institutions shall be entered in the Register of Persons Covered by State Social Insurance.
 
Article 11. Specific Features of Payment of State Social Insurance Pensions to Employees of the EU Institutions
1. Where a person who receives (received prior to the transfer of pension rights acquired in the SSI Fund to the pension scheme of the EU institutions) state social insurance old-age pension or work incapacity (invalidity) pension selects the manner referred to in subparagraphs 1 or 3 of paragraph 1 of Article 7 of this Law for transferring the pension rights, he shall be entitled to apply for the award of such a pension anew in accordance with the procedure set forth in the Law on State Social Insurance Pensions. Where the person does not apply for the award of the pension anew and the payment of pension awarded to him was discontinued due to the transfer of the pension rights acquired by him in the SSI Fund to the pension scheme of the EU institutions (Article 6 of this Law), the payment of the state social insurance old-age or work incapacity (invalidity) pension awarded to him earlier shall be commenced. The state social insurance old-age or work incapacity (invalidity) pension shall be awarded anew or payment of the pension awarded earlier shall be commenced if the person has retained entitlement to this pension.
2. Where a person who receives (received prior to the transfer of pension rights acquired in the SSI Fund to the pension scheme of the EU institutions) retirement pension or compensation for special working conditions selects the manner referred to in subparagraphs 1 or 3 of paragraph 1 of Article 7 of this Law for transferring the pension rights, the payment of such benefits shall continue (payment of the benefit paid earlier shall be resumed) if he has retained entitlement to the respective benefit and the Law on State Social Insurance Pensions does not establish the basis for awarding old-age or work incapacity pension instead of retirement pension.
3. In the cases specified in paragraphs 1 and 2 of this Article, state social insurance old-age or work incapacity (invalidity) pension shall be awarded anew or the payment of state social insurance old-age, work incapacity (invalidity) or retirement pension or compensation for special working conditions paid earlier shall be commenced in accordance with the procedure and within the time limits laid down in the Law on State Social Insurance Pensions but not earlier than on the first day of the month following the month in which the funds have been received in the SSI Fund.
 
CHAPTER FOUR
RETENTION OF PENSION RIGHTS OF MEMBERS OF THE EUROPEAN PARLIAMENT
 
Article 12. Specific Features of Calculation of State Social Insurance Pensions of Members of the European Parliament
1. In the case of persons who hold (held) office of Members of the European Parliament and have acquired the state social pension insurance record in accordance with the Law on State Social Insurance Pensions, state social insurance old-age or work incapacity (invalidity) pensions (in the event of death of those persons – survivor’s and/or orphan’s pensions for them) shall be awarded and/or paid in accordance with the provisions of the Law on State Social Insurance Pensions. 
2. Where a Member of the European Parliament has acquired a record below the minimum state social pension insurance record to be awarded an appropriate type of pension as set out in the Law on State Social Insurance Pensions, the person’s entitlement to state social insurance pension shall be determined by adding up the person’s state social pension insurance record acquired in accordance with the Law on State Social Insurance Pensions and the duration of the person’s mandate in the European Parliament. The amount of the state social insurance pension shall be calculated taking into account the person’s state social pension insurance record acquired in accordance with the Law on State Social Insurance Pensions and the person’s insured income.
 
CHAPTER FIVE
FINAL PROVISIONS
 
Article 13. Settlement of Disputes
1. Disputes relating to the actions of the SSI Fund Board and pension accumulation companies in the course of retention and transfer of pension rights of officials of the EU institutions and Members of the European Parliament shall be settled in accordance with the procedure laid down by laws of the Republic of Lithuania.
2. Disputes relating to the actions of the competent EU institution in the course of retention and transfer of pension rights of officials of the EU institutions and Members of the European Parliament shall be settled in accordance with the procedure set forth in the implementing legislation of the EU.
 
Article 14. Entry into Force of the Law
This Law, except for Article 15, shall enter into force on 1 January 2010.
 
Article 15. Proposal to the Government of the Republic of Lithuania
The Government of the Republic of Lithuania shall, before 31 December 2009, approve the description of the procedure for the retention and transfer of pension rights of officials of the institutions of the European Union and of Members of the European Parliament and other legal acts necessary for the implementation of this Law. 
 
 
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
 
 
 
 
 
 
 
president of the republic                                          DALIA GRYBAUSKAITĖ
 
                                                                                                                                  Annex 1        Republic of Lithuania
Law on the Retention and Transfer of Pension Rights of Officials of the Institutions of the European Union and of Members of the European Parliament
 
DESCRIPTION OF THE PROCEDURE FOR CALCULATING THE FUNDS FOR THE PENSION RIGHTS ACQUIRED IN THE SST FUND TO BE TRANSFERRED TO THE PENSION SCHEME OF THE EU INSTITUTIONS AND THE FUNDS FOR THE PENSION RIGHTS ACQUIRED IN THE PENSION SCHEME OF THE EU INSTITUTIONS TRANSFERRED TO THE SST FUND AND PENSION FUND
 
1. The amount of funds for the pension rights acquired in the SSI Fund to be transferred to the pension scheme of the EU institutions shall be calculated according to the formula:
RL = [( S1 + S2 + Ss) x 1,1 x B/H + 0,005 x (S1 x K1 + S2 x K2) x D] x 12 x G.
In this formula: 
RL – the amount of funds for the pension rights acquired by a person in the SSI Fund transferred to the pension scheme of the EU institutions;
S1 and K1 – the periods before 1994 held equivalent to the person’s state social pension insurance record acquired while working under an employment contract or on the basis of membership or service, and the coefficient of the person’s insured income where the person had been employed before 1994;
S2 and K2 – the person’s state social pension insurance record acquired while working under an employment contract or on the basis of membership or service and the person’s insured income after 1994;
Ss – the person’s state social pension insurance record acquired while working on a self-employed basis, where the person was insured (self-insured) to receive only the basic part of social insurance pension, and periods held equivalent thereto;
B – the amount of the state social insurance basic pension applicable at the time of calculation;
D – the amount of insured income of the current year applicable at the time of calculation;
G – life expectancy of men and women in Lithuania, calculated taking into consideration the old-age retirement age set for men and women;
H – the obligatory state social pension insurance record for awarding old-age pension as laid down by the Law on State Social Insurance Pensions.
The values S1, S2, Ss, K1 and K2 shall be calculated in accordance with the procedure established in the Law on State Social Insurance Pensions.
2. Where a person whose pension rights acquired in the SSI Fund before the commencement of employment with the EU institutions were transferred to the pension scheme of the EU institutions applies to the SSI Fund for the transfer of the pension rights acquired in the pension scheme of the EU institutions, the coefficient of income K3 for the period of employment with the EU institutions, held equivalent to the person’s insured income, shall be calculated according to the formula:
K3 = [(RES/(12 x G) - ( S1 + S2 + Ss + S3) x 1,1 x B/H)/(0,005 x D) - S1 x K1 - S2 x K2]/S3.
In this formula: 
RES – the amount of funds credited to the SSI Fund for the pension rights acquired by the person in the pension scheme of the EU institutions;
S3 – the period of the person’s employment with the EU institutions.
Other values used in the formula shall be defined in subparagraph 1 of this Annex.
3. Where a person selects to transfer the pension rights acquired in the pension scheme of the EU institutions to the SSI Fund and pension fund operating in compliance with the Law on the Accumulation of Pensions, the amount of funds transferred to this pension fund shall be calculated according to the formula:
P = E x k/p.
In this formula: 
P – the amount of funds to be transferred to the pension fund;
E – the amount of funds transferred by the competent EU institution to the SSI Fund Board for the pension rights acquired in the pension scheme of the EU institutions;
k – a portion of the rate of the state social pension insurance contribution transferred to pension accumulation companies approved by the Law of the Republic of Lithuania on the Approval of the Indicators of the Budget of the State Social Insurance Fund, as valid on the day of filing of an application to transfer the pension rights acquired in the pension scheme of the EU institutions;
p – the sum of rates of social pension insurance contribution of the insurer and social pension insurance contribution of the person insured, as approved by the Law of the Republic of Lithuania on the Approval of the Indicators of the Budget of the State Social Insurance Fund, applicable in the year of calculation of the amount transferred to the pension fund.
4. Where a person whose pension rights acquired in the SSI Fund before the commencement of employment with the EU institutions were not transferred to the pension scheme of the EU institutions applies for the transfer of the pension rights acquired in the pension scheme of the EU institutions, the pension rights acquired in the pension scheme of the EU institutions shall be transferred in accordance with the following procedure:
4.1. Where all of the person’s pension rights acquired in the pension scheme of the EU institutions are transferred to the SSI Fund, the period of employment with the EU institutions shall be held equivalent to the person’s state social pension insurance record in accordance with the procedure laid down in paragraph 1 of Article 8 of the Law on the Retention and Transfer of Pension Rights of Officials of the Institutions of the European Union and of Members of the European Parliament, while the coefficient of income K3 for the period of employment with the EU institutions, held equivalent to the person’s insured income, shall be calculated according to the formula:
K3 = (RES/(12 x G) - S3 x 1,1 x B/H)/(0,005 x D x S3).
The values used in this formula shall be defined in subparagraphs 1 and 2 of this Annex.
4.2. Where, at the person’s choice, the pension rights acquired in the pension scheme of the EU institutions are transferred to the SSI Fund and pension fund operating in compliance with the Law on the Accumulation of Pensions, the amount of funds transferred to the pension fund shall be calculated in compliance with the provisions of subparagraph 3 of this Annex. The state social pension insurance record and state social pension insurance periods acquired by the person and the person’s insured income (income held equivalent to insured income) shall be determined in accordance with the procedure laid down in paragraph 3 of Article 10 of the Law on the Retention and Transfer of the Pension Rights of Officials of the Institutions of the European Union and of Members of the European Parliament.
 
                                                                                                                                 Annex 2        Republic of Lithuania
Law on the Retention and Transfer of Pension Rights of Officials of the Institutions of the European Union and of Members of the European Parliament
 
LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW
 
1. Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (Staff Regulations of Officials) (OJ 2004, special edition, Chapter 1, Volume 2, p. 5), as last amended by Council Regulation (EC, Euratom) No 337/2007 of 27 March 2007 (OJ 2007 L 90, p. 1).
2. The decision of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (2005/684/EC, Euratom) (OJ 2005, L 262, p. 1).
 
 
 
 
 
 
 
 
 
 
 
 
 
Translated by: Jolanta Gamulevičiūtė-Napari
jogamu@lrs.lt