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Amendments To The Law "on Maternity And Sickness Insurance"

Original Language Title: Grozījumi likumā "Par maternitātes un slimības apdrošināšanu"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on maternity and sickness insurance" to make the law "on maternity and sickness insurance" (Latvian Saeima and the Cabinet of Ministers rapporteur, 1996, 1., no. 4; 1998, no. 15, no. 1; 2001; 2002; 2003, 22 no, no 2, 2004, 23; 5. No; 2005, nr. 2), the amendments are as follows: 1. Add to article 1, paragraph 1, after the words "in connection with" with the words "child care". 2. Add to the first paragraph of article 3 paragraph 5 with the following: "5) parental benefits." 3. Supplement article 4, title and first paragraph after the word "paternity" with the word "parent". 4. Replace article 8, title and text, the words "in connection with the authorities, the liquidation of a company or organization" with the words "in connection with the liquidation of the employer". 5. Express 10.3 text of article as follows: "paternity allowance be granted 100 percent of beneficiaries the average insurance salaries." 6. To supplement the law with the chapter II (B) by the following: "chapter II (B) parental allowance article 10.4. Parental allowance grants and parental allowance period (1) parental benefit is granted and paid social insurance to the person who takes care of children under one year (one of the child's parents, guardian or other person who, in accordance with the decision of the family courts children actually nurtured and brought up) if that person is employed at the date of the award of benefits (are considered as self-employed workers under the law "on State social insurance") and : 1) of maternity leave or maternity do not generate income as self-employed; 2) is employed at the time of the child's care, but not on parental leave or child care while making income as a self-employed person. (2) parental allowance is not granted for a child, which led to the birth and care is granted maternity benefits or parental benefits for the same period.  10.5 article. Parental allowance basis for the award of parental allowance allocation basis is requesting the application of the allowance and the child's birth certificate.  Article 10.6. Parental benefits parental benefits granted 70 percent of beneficiaries the average insurance salaries, but not less than 70 percent of parents requesting benefits in force at the date of the State social security benefit claims double. " 7. Replace the title of article 16 and in the second paragraph, the words "leave without salary conservation" with the words "leave without pay retention". 8. Turn article 23, first paragraph, the words "set of insurance salaries in the country for 12 months of the calendar year, the period ending this period one calendar year before the year in which the members the right to a death grant (further-the national average monthly insurance contribution salary)". 9. Replace article 26, first paragraph, the words ' the State social insurance agency affiliate of his habitual residence or, in the absence of the employer-legal address "with the words" any State social insurance agency in the Department ". 10. Article 31: make the second part of paragraph 1 by the following: "1) in the first subparagraph and article 32 of this law for the average insurance contributions wage determination, wage insurance period has not been without vacation pay or save this person has not been registered as a national social insurance contributors, then the calculation of the State social insurance benefits (except for maternity and paternity allowance) average salary insurance contributions for the said period shall be 40 percent of the national average monthly insurance contribution wage. In calculating the maternity or paternity benefits, the average insurance contributions wage for the period determined by the 70 percent of the national average monthly insurance contribution wage; " to make the second part of paragraph 3 as follows: "3) this part of the provided for in paragraph 2 of 32 or 39 calendar month period insurance contribution wage was not, then the calculation of the State social insurance benefits (except for maternity and paternity allowance), the average insurance contributions wage for the first part of this article and in article 32 of this law for the average insurance contributions wage-setting period shall be 40 percent of the national average monthly insurance contribution wage. In calculating the maternity or paternity benefits, the average insurance contributions wage of that period shall be 70% of the national average monthly insurance contribution wage. "; express the fifth and sixth the following: "(5) the average insurance salaries in the country during the period calculated in the State social insurance agency, on the basis of data on social insurance contributions of insured persons pay amount in the reporting period, of which carried out or had to make insurance contributions, and the number of months in the period for which the socially insured persons taken or had to make insurance contributions. (6) If the first part of this article and article 32 of this law for the average insurance contributions wage-setting in that part of the period the insured person has not been registered as a national social insurance contributors or insurance contributions wage had no leave without pay by reason of the maintenance of, then the calculation of the State social insurance benefits (except for maternity and paternity allowance), the average salary insurance contributions for this period is determined by the proportion of 40 percent of the national average monthly insurance contribution wage. In calculating the maternity or paternity benefits, the average insurance contributions wage for that part of the period determined by the 70 percent of the national average monthly insurance contribution wage. "; Supplement to the eighth article as follows: "(8) in all cases where under this Act the average insurance contributions wage and the State social insurance benefit must be determined from the average insurance salaries in the country, down from a monthly average insurance salaries in the country established for the calendar year of the 12-month period, the period ending one year before the calendar year in which the accident occurs." 11. Article 33 of the expression as follows: "article 33. Features maternity, paternity, parental, sickness, and death benefit payment of maternity, paternity, parental, sick and funeral benefits paid from the disability, maternity and sickness special budget. " 12. Article 34: Add to the title and the introductory part of the first subparagraph after the word "the" with the words "maternity paternity, parental"; replace the first subparagraph of paragraph 3, the words ' the State social insurance agency's Director-General or his authorized officer's order "by the words" the State social insurance agency officials of the decision "section. 13. Express article 36, first paragraph, the second sentence as follows: "the disease of money calculated on the Studio could days, in which workers have had to work, and paid in accordance with the provisions of the labour law which provides for the payment of wages." 14. Article 38 be expressed as follows: "article 38. The State social insurance agency's decision to challenge and appeal against the State social insurance agency officials of the decision of the Department of State social insurance benefits, cost calculation, or refusal to grant it can be a challenge, a month from the date of entry into force of the decision of submitting the application to the State social insurance agency director. The State social insurance agency director's decision can be appealed against in court within one month of the decision of the Director, the date of its entry into force. " 15. transitional provisions be supplemented with 4, 5 and 6 of paragraph by the following: "4. Employed persons (persons considered to be workers or self-employed according to the law" on State social insurance "), which the parental allowance for the care of a child under one year under the State social benefits law to granted or entitled to the benefits due to the 2007 December 31 for the period of parental that will continue after January 1, 2008, the allowance is paid in the place of parental benefits from disability, maternity and sickness special budget. 5. Until 31 December average insurance contributions wage parental benefit calculation for determining: 1) worker-from personal insurance contribution salary for 12 calendar months period, the period ending three calendar months before the month in which the child is born, using the following formula: Vmēn = (A1 + A2 ... + A12): Vmēn 12-month average insurance contributions wage, A1, A2, ...-insurance contribution salary amount gained within 12 calendar months in the calendar month 12-months; 2) from the person to the self-employed-insurance contribution salary for 12 calendar months period, the period ending three calendar months prior to the quarter in which the child is born, using the following formula: Vmēn = (A1 + A2 ... + A12): Vmēn 12-month average insurance contributions wage, A1, A2, ...-insurance contribution salary amount gained within 12 calendar months in the calendar month, 12-month; 3) to a person who is simultaneously employed and self-employed worker status, average insurance contributions wage calculated by summing the separately calculated average insurance contributions wage gained the status of a worker, and separately calculated average insurance contributions wage gained in a self-employed capacity; 4) average monthly salary insurance benefits earlier detection may not exceed 1/12 part of the State social insurance compulsory contribution object of the maximum amount of the year of the last calendar year for which the contribution salary calculated. 6. Amendments to this law, in article 10.3, which provides that paternity allowance be granted 100 percent of beneficiaries the average insurance salaries, amended 31. the second paragraph of article 1 and paragraph 3, which provides that, in calculating the maternity or paternity benefits, the average insurance contributions wage of that period shall be 70% of the national average monthly insurance contribution wage, and amendments to article 31 of the sixth part , which provides that, in calculating the maternity or paternity benefits, the average insurance contributions wage for that part of the period determined by the 70 percent of the national average monthly insurance contribution wage, shall enter into force on 1 January 2009. "
The law shall enter into force on January 1, 2008.
The law adopted by the Parliament in the 2007 on 8 November. President Valdis Zatlers in Riga V 2007 27 November