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The Retirement Pension Of The Judges Act

Original Language Title: Tiesnešu izdienas pensiju likums

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The Saeima has adopted and the President promulgated the following laws: judges ' retirement pension Act article 1. The purpose of the Act, a law aimed at strengthening the independence of judges, guaranteeing their statutory right to adequate material security ceased to hold office, and determine the order in which are granted, calculated and paid to the retirement pension of the judges (retirement pension).
2. article. The right to a retirement pension (1) the right to a retirement pension is: 1) judge whose retirement seniority in accordance with article 3 of this law is 20 years, of which the last 10 years worked in the judge's Office, and who have reached the law "on State pensions" age for the age pension, if he is released from the judges after his election or in connection with the performance of the Office statutory maximum age;
2) judge, who regardless of age, discharged from his post for health reasons, according to the health and integrity of the expertise of the Commission's opinion and the physician whose retirement seniority in accordance with article 3 of this law, shall not be less than 20 years, of which the last three years served as judges.
(2) the right to a retirement pension by the law "on State pensions" for the granting of old-age pensions given the age of a person whose constitutional court judges worked in all the statutory term of Office and retirement of a total length of service in accordance with article 3 of this law, there are at least 20 years.
(3) the right to a retirement pension is not the judge who canceled from the judges.
(4) the right to a retirement pension is not the judge who receives a pension from another country.
3. article. The calculation of the retirement seniority retirement seniority, giving entitlement to a retirement pension, including: 1) Constitutional Court judges and judges of the time worked;
2) time worked as a public prosecutor;
3) time worked in the Prosecutor's Office certified staff positions, which was definitely the prosecution authorities until 1 October 1994;
4) time worked in the Interior Ministry's investigation department investigators, which was definitely the Interior Ministry authorities until 1 July 1995;
5) profession of the years of service of not less than 10 years;
6) accredited University justice specialty academic staff position in the years of service of not less than 10 years;
7) Latvian economic court judges (national arbitration arbitrator) post of time worked.
4. article. The calculation of the retirement pension and retirement pension funds for the cost of (1) the judge awarded a retirement pension of 65 percent of the average monthly wage and length of service for each year of retirement of more than 20 years, it increased by two percent from this law referred to in article 5 of the wages.
(2) the judge who, regardless of age discharged from his post for health reasons, according to the health and integrity of the expertise of the Commission's opinion, a doctor, a retirement pension is awarded in 40 percent of the average monthly wage, determined in accordance with article 5 of this law, and for each year of retirement seniority of more than 20 years, it increased by two percent from this law referred to in article 5 of the wages.
(3) the maximum retirement pension shall not exceed 80 percent of the law referred to in article 5 of the wages.
(4) the minimum amount of the retirement pension must not be less than the State social security benefit.
(5) retirement pensions paid from State budget funds allocated to the administration of Justice.
(6) the Person to whom the retirement pension in the cases specified in this Act granted before its age, which gives the right to old-age pension, the old-age pension is granted in accordance with the law "on State pensions". After the granting of old-age pensions retirement pension shall be reduced by the amount of the old-age pension awarded.
(7) if the retirement pension granted to the person already has a retirement pension, calculated retirement pension shall be reduced by the person granted the old-age pension.
5. article. Wages from which the calculation of the retirement pension (1) the calculation of the retirement pension of the judge's average monthly wage for the last five years before the release of the judges, with the exception of article 2, 3, 4 and 5.
(2) the judge who released from posts from 1 January 2001 until 2002 December 31, a retirement pension is calculated from the average monthly wage for the last year before the release of the Office.
(3) the judge who released from the post from 1 January 2003 to 31 December 2003, a retirement pension is calculated from the average monthly wage for the last two years before the release of the Office.
(4) the judge who released from the post from January 1, 2004 until 31 December 2004, the retirement pension is calculated from the average monthly wage for the past three years before release.
(5) the judge who released from posts from 1 January 2005 to 31 December 2005, the retirement pension is calculated from the average monthly wage for the last four years before the release of the Office.
(6) the salary includes base salary, bonus on qualifying class and bonuses.
6. article. Retirement pensions retirement pension award deadlines shall be granted without a time limit.
7. article. Increase the amount of the retirement pension (1) the amount of the retirement pension is reviewed annually, taking into account country specific consumer price indices and payroll indices of insurance contributions.
(2) the amount of the retirement pension shall be reviewed in the order laid down in accordance with the law "on State pensions" national pension granted for indexing.
8. article. Retirement pensions and the cost of the procedure for requesting (1) retirement pension and the necessary documents for granting a pension claimant shall submit to the administration of Justice.
(2) a retirement pension and the allocation of the necessary documents to the Court Administration hears 10 days after they are received and the decision taken to notify the pension claimant.
(3) a retirement pension shall be granted and paid to the administration of Justice.
(4) the retirement pensions and the cost of the procedure determined by the Cabinet of Ministers.
(5) retirement pension beneficiary may authorize another person to receive his retirement pension. With one of the powers of the Trustees of the retirement pension payable for not more than six months in a row.
(6) this law in disputes concerning the provision of rights in court.
9. article. The cost of the retirement pension termination (1) the retirement pension paid off when: 1) the retirement pension beneficiary is appointed judges;
2) retirement pension beneficiary launched service (work), which gives the right to a retirement pension.
(2) the retirement pension beneficiary is obliged within 10 days notify the administration of Justice referred to in the first subparagraph conditions.
10. article. The payment of the retirement pension for the time elapsed (1) Calculate the amount of the retirement pension which the retirement pension beneficiary is not received in time, the cost of the passage of time, but not more than three years.
(2) If the calculated amount of the retirement pension is not received during the fault, which is granted and paid a retirement pension, the amount paid for the passage of time without a time limit.
11. article. Deductions from retirement pension (1) deduction of the retirement pension can be made: 1) on the basis of a court order;
2) in accordance with the decision of the administration of Justice, to recover the amount of the retirement pension which the recipient overpaid the retirement pension because he has not adhered to this law, the provisions of article 9. In this case, the forfeited each month not more than 10 per cent of the retirement pension payable until the overpayment amount is deleted.
(2) maintenance minor maintenance to be recovered first and foremost.
(3) the total deduction amount per month can not exceed 50 percent of the amount of the retirement pension, but by making deductions for recovery of maintenance in case of minor children, the debtor retains the relative wage and it charges 50 percent of the minimum monthly wage.
(4) If payment of the retirement pension is interrupted before the debt, the remaining part of the debt being recovered in the procedure prescribed by law.
12. article. Due to the death not received retirement pensions and death grants cost (1) payment of the calculated retirement pension amounts that are not paid to the retirement pension beneficiary's death, is entitled to receive a retirement pension of the spouse of the beneficiary or the first or second degree relative.
(2) the retirement pension beneficiary in the event of the death of his family or the person who entered into the funeral, burial benefits, paid two months of retirement pension.
13. article. The retirement pension paid to persons leaving for foreign countries the right to a retirement pension acquired in accordance with this law, beneficiaries of the retirement pension legislation established remain after their departure abroad.
The law adopted by the Parliament of 22 June 2006.
 
The President of the Parliament instead of the President i. Otter in 2006 Riga on July 7 Editorial Note: the law shall enter into force on the 21 July 2006.