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Amendments To The Law "on State Pensions"

Original Language Title: Grozījumi likumā "Par valsts pensijām"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on State pensions" to make the law "on State pensions" (Latvian Saeima and the Cabinet of Ministers rapporteur, 1996, no. 1, 1997, 24; 3, 13; 1998, nr. 1, 24 no; 1999, no. 11, 23; 2002, no. 2; 2004, nr. 6; 2005, 13. nr.) the following amendments: 1. Replace the entire law, the word "branch" (fold) with the word "chapter" (fold).
2. Turn off the article 1, paragraph 3 and 4, the words and figures "from 14 March 2001".
3. Add to article 3 of the second paragraph by the following: "(2) a Person who is entitled to both at the same time in the statutory State pension and pension, paid from the State budget in accordance with other laws, assigns one of the pension, taking into account the person's choice if other laws do not specify otherwise. ';
believe the current text of the first part of the article.
4.9 article: make the third paragraph (1) of the following: "1) mandatory active military service and alternative service;";
Supplement third with 5, 6, and 7, paragraph by the following: "5) when the person whose spouse fulfils the obligations of military service outside the State, except when the soldiers participating in international operations, military training, the manoeuvre or in a business trip, staying in a foreign country with the spouse;
6) the time during which a person receives a reward for being in child care;
7) when the person takes care of children with disabilities. "
5.11 article: make the fourth paragraph as follows: "(4) a Person whose insurance service of not less than 30 years and is chosen for five or more children or a disabled child, is entitled to claim old-age pension five years before the first part of this article in a specific age. In this case, all children must be reached for at least eight years of age. Such a person is not deprived of care or custody rights. ";
to supplement the article with a fifth by the following: "(5) persons who have been granted a retirement pension by the State social insurance agency a cabinet order issued to retired licence."
6. turn off the first part of article 12 paragraph 2.
7. Supplement article 16 the fourth part of the second sentence as follows: "If the invalidity group is changed from lighter to heavier, recalculated the invalidity pension shall not be less than the previously received disability pension."
8.23. Article: make the first paragraph by the following: "(1) this law referred to in article 19 the dead survivors ' family members survivor's pension for each child must be not less than 65 percent of the country's social security benefit, and is calculated from the household of the possible old-age pension amounting to: 1) one child — 50 percent of pensions;
2) two children — 75 percent of pensions;
3) three and more children, 90 percent of the pension. ";
make the second paragraph, the second sentence by the following: "survivor's pension for each of the parents may not be less than the amount by which each child is defined in the first subparagraph.";
adding to the seventh paragraph of the third and fourth sentence as follows: "If one of the parts of the pension recipients lose their entitlement to a pension, all continue to pay for the rest of the above part of the pension (except where payment of the pension is terminated as a result of this law, article 19 in the fourth paragraph of that age). If the rights lost in three months is not restored, the other survivor's pension adjustment the pension beneficiaries of this law, article 25, third paragraph. ";
Supplement to the eighth article as follows: "(8) If the calculation of the possible old-age pension in accordance with the third paragraph of this article, the period of insurance indemnity until the sponsor reach age pension age, you need to cover in two or more countries, pension calculation may be applied to the insurance indemnity is calculated by the following formula: S-AXIS = _____ x ASL axis AXIS — the insurance indemnity;
Axis dead survivors ' individual insurance service (common in all countries);
Asie — insurance seniority that would have accrued from the survivor death date to the age pension for age;
ASL-dead survivors accumulated seniority of insurance pursuant to this Act. "
9.24. Article: make the first paragraph by the following: "(1) If for the period by age or disability pensions (Group I or II disability) (conversion) is carried out or had to make insurance contributions, pension granted (recalculated), based on the request of the beneficiary, the periods, but not more frequently than once a year.";
to turn off the second paragraph, the words "year or longer period of time";
to supplement the article with a fifth by the following: "(5) in groups I and II invalidity pension adjustment, taking into account the insurance indemnity, supplemented by a formula that was applied to the determination of the amount of the pension before retirement conversion."
10.24.1 article: turn off the title and the text, the words "and the provision of";
to turn off the word "it".
11.25. Article: turn off the first part of paragraph 4;
turn off the second part of paragraph 4.
12. Supplement article 26.1 with the second part as follows: "(2) the determination of the theoretical amount of the pension to [calculation takes into account a number of European Union (EU) and European economic area (EEA) Member States, accrued insurance and assimilated periods] in accordance with the Council of 14 June 1971, Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, self-employed, as well as members of their families moving within the Community (hereinafter Regulation No 1408/71) in respect of other EU and EEA Member States insurance period assumes that persons insurance wages in a given year is equal to the previous year's average insurance salaries in Latvia. ";
believe the current text of the first part of the article.
13. Replace the words "in article 27, the State social insurance agency affiliate after a pension claimant's place of residence" by the words "in one of the State social insurance agency" chapter.
14. Replace article 28, first paragraph, the word "driver" with the word "official".
15. Article 29 of the expression by the following: ' article 29. The State social insurance agency administrative challenge and appeal against the State social insurance agency employee picked administrative acts or actual action a person can be a challenge during the month of Admiral nistratīv Act date of entry into force shall submit the application to the State Social Security Agency Director. The State social insurance agency director's decision can be appealed against in court within one month from the date of its entry into force. "
16.30. Article: make a fifth by the following: "(5) the pension to which the statutory right has lost, renewable with the day when newly acquired the rights to it, but not earlier than 12 months prior to the renewal of the pension for the submission of the required documents. Restoring pension, so transparent in accordance with article 26 of this law. If the disability pension costs the date of interruption of more than five years, the disability pension is granted. ';
turn off the sixth.
17.32. Article: turn off the third sentence of the first subparagraph;
to turn off the second sentence of the second subparagraph;
to supplement the article with the fifth and sixth the following: "(5) the pension, which stopped on the basis of the beneficiary's pension application renewable (regardless of the cost to the stop time) with days of receipt of the application for payment of the pension. Renewed pension for the time when its cost was terminated in accordance with this law review article 26.
(6) pension granted in the Republic of Latvia, which stopped due to people leaving on life in foreign countries, renewable by submission of the day, if the person has returned to life in the Republic of Latvia, or live in another EU or EEA Member State. If found in the territory of the EU or the EEA person request for renewal shall be submitted to the pension, 2006 30 April, payment of the pension shall be restored by May 1, 2004. Renewed pension for the time when its cost was terminated in accordance with this law review article 26 ".
18. Make the text of article 33 as follows: "(1) If the insured person is entitled to a pension, but the determination of the amount of the pension does not have all the required information, the applicant shall pay the advance payment of the pension. The advance shall be paid for a maximum period of six months, counted from the next month after the date of submission of the pension claim. The cost of the advance period does not apply to cases where regulation No 1408/71 (2) If the advance exceeds the amount paid by a person entitled to, the excess shall be reimbursed from the subsequent pension costs. "
Article 19.36: replace the introductory part of the first paragraph, the words "can be done" with the word "shall";
Replace paragraph 3 of the first paragraph, first sentence, the words "in order for the head" with the words "executive decision";

turn off the first part of the second sentence of paragraph 3, the words "up to";
replace the second paragraph, the number "50" with the number "30";
replace the third sentence of the second paragraph, the words "social security" with the words "State social insurance agency in the Department".
20. The transitional provisions: to express in paragraph 1, introductory part and paragraph 1 sub the following: "1.1990 December 31 Latvian citizens in the territory of Latvia and in the territory of the former USSR work and accumulated assimilated periods, as well as the points referred to in paragraph 10 below outside Latvia accumulated period is equivalent to the insurance indemnity. Aliens and stateless persons to be treated as the insurance indemnity in the territory of Latvia accumulated work and then treated as period as well as in the territory of the former USSR the accumulated work assimilated periods specified in point 4 and 5 at the bottom of this paragraph and paragraph 10 referred to outside Latvia accumulated period. Until 31 December 1990 but this paragraph 11. in the case referred to in subparagraph 1995 31 December following the insurance indemnity to be treated as equivalent to work for periods: 1) the compulsory active military service and alternative (labour) service; ";
Add to paragraph 1 subparagraph 4 after the words "at the average education" with the words "but not more than five years for specialities in which education was certainly not more than five years and not more than six years for specialities in which education was certainly more than five years";
Add to paragraph 1 subparagraph 5, after the words "the date of the" postgraduate courses with the words "but not more than three years";
Express in paragraph 2, the introductory paragraph, the first sentence as follows: "2.No on January 1, 1991 to 1995 December 31 consists of insurance seniority and then assimilated periods specified in points 1, 2 and 3 above, and which had to be carried out, but in the case of self-employed persons, have made insurance contributions, and points 4, 5, 6 and 7 in the specified work assimilated periods that is made to the definition of social insurance contributions. ";
Express 2. subparagraph 1 of paragraph by the following: "1) mandatory active military service and alternative (labour) service;";
Replace paragraph 11, the words "on the factor" with the words "retirement pension due to the insurance indemnity, as specified in this paragraph 10 of the transitional provisions in paragraph 1 of the ';
make paragraph 15 as follows: "15.2014 December 31 State pension an amount not more than five-fold State social security benefit, transparent in the following order: 1) to the 2009 December 31 State pension, an amount not exceeding triple State social security allowance April 1, transparent, taking into account the actual consumer price index, and on October 1, taking into account the actual consumer price index and 50 percent of the insurance contributions wage real growth percentage. State pension, which is more than triple the State social security benefit, but not more than five-fold State social security benefit transparent annually October 1, taking into account the actual consumer price index;
2) from 1 January 2010 to 2014 December 31 State pension, an amount not exceeding treble the State social security benefit transparent annually October 1, taking into account the actual consumer price index and 50 percent of the insurance contributions wage real growth percentage. State pension, which is more than triple the State social security benefit, but not more than five-fold State social security benefit transparent annually October 1, taking into account the actual consumer price index and 25 percent of the insurance contributions wage real growth per cent;
3 review of State pension), is revised the amount of the pension is granted. ';
16. paragraph: make 1 ΜL of the sign of the formula of point explanation as follows: "the family members ΜL number is entitled to a survivor's pension.";
Express 4. subparagraph by the following: "4) due to the insurance indemnity accruing after the date of entry into force of this Act, the old age pension, retirement pension and group I and II disability pension periods of 24 of this law in accordance with the procedure laid down in article;"
to supplement the first sentence of point 5 with the words "except for the transitional provisions referred to in paragraph 23 of the cases";
28 points to express the following: "28. Persons who by 2001 31 December is gone to live abroad as citizens of Latvia, the Republic of Latvia the pension costs awarded or renewed waged from the day of submission of the Cabinet of Ministers. The cost of pensions for persons who permanently live abroad again, beginning with the January 1, 2002, to provide, in accordance with article 38 of this law. "
turn off paragraph 30, the words "but it may not be less than 80 per cent of the State social security benefit;
transitional provisions be supplemented with 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45 of the following paragraph: "36. If the acquisition of the right to State pensions (regardless of its assignment of time) due to the increase of the transitional provisions referred to in paragraph 1 shall be treated as periods of work and then be advanced on the basis of the pension, the pension recipient's request, the conversion of this law article 25 of the second subparagraph of paragraph 1, subject to the time limits for conversion to retirement pension calculation procedure applied.
37. National pensions granted to 1995 December 31, must not be less than the minimum amount, the pension shall be determined by this law.
38. If the person from January 1, 1991, to March 13, 2001 has accumulated this law, article 9, paragraph 1, second subparagraph "a" and in paragraph 2 of the transitional provisions in paragraph 1, 2, and 3. the periods of insurance referred to that have not taken into account in the calculation of the pension, the pension on the basis of the beneficiary's application, with the periods 1 April 2005.
39. If the circumstances which occurred in accordance with the transitional provisions in paragraph 29 of the pension granted to allow the site to receive pension at preferential terms, which are determined by this law, the pension adjustment this law, article 25 of the second subparagraph of paragraph 1.
40. old-age pension granted to a retirement or invalidity pension, instead of the earlier case of recalculation (recalculate) granted pension, without taking into account the transitional provisions of paragraphs 12 and 19, and pensions that this law, article 12, first paragraph in the order calculated taking into account the pension capital, accumulated by a person after retirement (conversion).
41. In Latvia, the resident old-age pension beneficiaries, with a total length of insurance not less than 30 years and with the amount of the pension shall not exceed 105 Lats per month (including pension or part thereof paid to other institutions of Latvia, EU and EEA Member States and countries with which the concluded international agreements on social security), to the 2009 December 31 about insurance seniority accrued up to 31 December 1995 and taken into account in the by giving the (recalculated) pension, the premium granted for each year of service under the social insurance special budget. Procedures to the old-age pension is granted monthly premium as well as the amount of the premium and the cost of the procedure determined by the Cabinet of Ministers.
42. If the insurance indemnity credited outside Latvia accrued period, then, acquiring the right to a pension from another country (in accordance with Regulation No 1408/71) of the same pension insurance period, after adjustment, at the request of the person, this period is not included. All State pension amount shall not be less than the amount of the pension which the person received before the pension recalculation. The Latvian part of the pension can be reduced from next month following the decision on pensions granted in another country.
43. the Cabinet of Ministers regulations for entry into force, but no longer than up to 30 June 2006 are applicable at the Cabinet of Ministers of 26 March 2002, Regulation No 134 of the "Republic of Latvia awarded State pension costs order persons who are leaving to live abroad", to the extent they do not conflict with this Act.
44. the amended article 24 of this law in the first part of the old-age and invalidity pension recalculation that will take no more than once a year, shall enter into force on 1 January 2007.
45. Amendments to this law, the transitional provisions of the introductory part of paragraph 1, which defines the 1990s 31 December ieskaitāmo of the insurance indemnity in the job and then pielīdzināmo periods, shall enter into force on 1 January 2007. "
The law shall enter into force on 1 January 2006.
The law adopted by the Parliament in the 2005 October 20.
The President of the Parliament instead of the President i. Otter Riga 2005 November 9 Editorial Note: the law shall enter into force on January 1, 2006.