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Public Safety Officers Retirement Pensions Act

Original Language Title: Valsts drošības iestāžu amatpersonu izdienas pensiju likums

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The Saeima has adopted and the President promulgated the following laws: the public safety officers ' retirement pension Act article 1. The purpose of the law the purpose of the law is to ensure national security officials of the national security authorities the statutory entitlement to a retirement pension and regulating the order in which it is granted, calculated and paid.
2. article. The right to a retirement pension (1) the right to a retirement pension is a national security authority (hereinafter officials): 1) reached 50 years of age and length of service retirement which is not less than 20 years, of which the last five days, or officers worked; 2) irrespective of age retired from service or exempted from work according to the health and integrity of the State medical examiner's Commission decision or the Interior Ministry's central medical examiner's opinion of the Commission or the reduction of the number of employees and the retirement seniority of which is not less than 20 years; 3) reached 50 years of age and a total length of insurance and the equivalent length of service, determined in accordance with the law "on State pensions", is not less than 25 years, of which at least 12 years and six months, days or hours worked by officials. (2) is not entitled to a retirement pension officials to receive a pension from another country, as well as retired officials of the service or dismissed because of the judgment of conviction for an intentional criminal offence or disciplinary action.
3. article. The calculation of the retirement seniority retirement seniority, giving entitlement to a retirement pension, including: 1) (working) time service officials; 2) time worked information analysis service officer status;
3) the amount of time that the official least consecutive Republic of Latvia Ministry of the system; 4) mandatory active military service in the armed forces of the Republic of Latvia and the time spent in the alternative service, which replaced the active military service, the ratings service in the national guard until June 30, 2002, professional service, active military service time to the Ministry of defence and the former departments and held parliamentary and State President security service (the Republic of Latvia Supreme Council of security service, security service of the Republic of Latvia) as well as training time Latvian military education and military service of persons subject to military training; 5) time worked in the Prosecutor's Office of the Republic of Latvia in Prosecutor appointments (or certified employees of the public prosecutor's Office, which was definitely the prosecution authorities until 1 October 1994) or in the Court of judge posts, if national security institutions officer least consecutive or worked for at least 10 years; 6) 80 percent of the total insurance in seniority and length of service, comparable set in accordance with the law "on State pensions", where the national security institutions officer least consecutive or worked for at least 15 years. This service is excluded from paragraph 1., 2., 3., 4. and 5. time referred to in paragraph 1.
4. article. Increase the retirement seniority in the time included (1) the retirement seniority, giving entitlement to a retirement pension, including the increased amount of time when done: 1) intelligence or counterintelligence abroad, one day after General Intelligence or counterintelligence, including for two days; 2) national safety authorities driving certain particularly important intelligence or counterintelligence operation (also in cooperation with foreign partner special services), including one day for five days. (2) the retirement seniority of this article in the first part of paragraph 1 or 2 specific increase in the amount of time specified in each case by the intelligence or counterintelligence activities or operations, and after the decision on the use of the results obtained, establishing the State security authorities. (3) If the officer acquires rights to increase the retirement seniority according to several of the conditions of this article at the same time, retirement seniority increases, taking only one of them. If one condition requires greater increase the retirement seniority retirement seniority shall be calculated in accordance with this condition.
5. article. The calculation of the retirement pension and retirement pension funds for the cost of (1) an official who has reached age 50, the retirement pension awarded 55 percent of the average monthly wage, determined in accordance with article 6 of this law, and for each year of the retirement seniority over the 20 years of the retirement pension shall be increased by two percent from the average monthly wage, determined in accordance with article 6 of this law. (2) an official who, regardless of age, retired from service or exempted from work according to the health and integrity of the State medical examiner's Commission decision or the Interior Ministry's central medical examiner's opinion of the Commission or the reduction of the number of employees and the retirement seniority of which is not less than 20 years, the retirement pension awarded to 40 percent of the average monthly wage, determined in accordance with article 6 of this law and each year the retirement seniority over the 20 years of the retirement pension shall be increased by two percent from the average monthly wage, determined in accordance with article 6 of this law. (3) an official of a total length of insurance and the equivalent length of service not less than 25 years, of which at least 12 years and six months, days or hours worked by officials, the retirement pension awarded to 40 percent of the average monthly wage, determined in accordance with article 6 of this law, and for each year of the retirement seniority over 12 years and six months, the retirement pension shall be increased by 1.5 per cent of the average monthly wage established in accordance with article 6 of this law. (4) the maximum retirement pension shall not exceed 80 per cent of the average monthly wage, determined in accordance with article 6 of this law. (5) the minimum amount of the retirement pension must not be less than the State social security benefit. (6) the retirement pension paid: 1) the constitutional protection office and the military intelligence and security service officials — from the State budget funds allocated to the relevant national safety authority in accordance with the annual State budget Act appropriation; 2) security police officials — from the State budget funds allocated to the Ministry of Welfare, in accordance with the annual State budget Act appropriation. (7) the beneficiary of the retirement pension of State social insurance old-age pension is granted in accordance with the law "on State pensions". By day, when the law "on State pensions" for the granting of old-age pension age, set up for the granting of old-age pension is interrupted retirement pension costs. After the granting of old-age pensions retirement pension cost restores, cutting down on the retirement pension granted to the old-age pension.
6. article. Wages from which the calculation of the retirement pension (1) the retirement pension is calculated from the monthly average of the officials pay for the past five years before he retired from the service or release from work. (2) includes monthly pay, allowances, bonuses and cash awards. (3) an official who, in accordance with article 4 of this law determines the retirement seniority increase, wages in the calculation of the retirement pension, including pay, the Executive was set before they are sent to carry out intelligence or counterintelligence.
7. article. The retirement pension of the award period (1) the retirement pension awarded after he retired from the service of the officials or the release from work. (2) If a request for retirement pension and the granting of the necessary documents are submitted no later than six months after he retired from the service of the officials or the release from work, retirement pension granted to the day when the officer retired from the service, or released from work. (3) If a request for retirement pension and the granting of the necessary documents are submitted later than the second part of this article the term specified, the retirement pension shall be granted as of the date of the submission of the request and the retirement pension for the granting of the necessary documents.
8. article. The amount of the retirement pension increases in retirement pensions review the law "on State pensions" in the State pension review deadlines and procedures.
9. article. Request a retirement pension, assignment, and cost

(1) retirement pension claimant, who retired from the service, or termination of the constitutional protection office or military intelligence and security services, a retirement pension and the allocation of the necessary documents are submitted to the relevant public security authority. (2) a retirement pension claimant, who retired from the military, or released from the security police, the retirement pension and the allocation of the necessary documents shall be submitted to the State social insurance agency privacy mode unit. (3) constitutional protection and the Director of the military intelligence and security service boss appearance request for retirement pension and the allocation of the necessary documents, shall take a decision on the grant of a retirement pension or a refusal to grant a retirement pension and the decision shall be communicated to the applicant the retirement pension. (4) the State social insurance agency's secrecy mode unit officer appearance request for retirement pension and the allocation of the necessary documents, shall take a decision on the grant of a retirement pension or a refusal to grant a retirement pension and the decision shall be communicated to the applicant the retirement pension. (5) an official who is entitled to more than one at the same time, the retirement pension awarded only one retirement pension by these officials. (6) the retirement pension beneficiary may authorize another person to receive his retirement pension. (7) retirement pension, cost calculation and shall lay down the procedure for the Cabinet of Ministers. (8) the constitutional protection office and the military intelligence and security service of the head of the decision or the actual action of the retirement pension granted, or the cost of calculating retirement pension claimant, who retired from the service, or termination of the constitutional protection office or military intelligence and security service, may appeal to the Court of Justice of the administrative procedure law. (9) the State social insurance agency's secrecy regime officials issued Department administrative act or actual action award, the retirement pension or the cost of calculating retirement pension claimant, who retired from the military, or released from the security police, may challenge the State Social Security Agency Director. State social insurance agency in the decision of the Director may appeal to the Court of Justice of the administrative procedure law.
10. article. The cost of the retirement pension termination or amendment of (1) the amount of the retirement pension paid off or the amount of the retirement pension shall be amended if the retirement pension granted to the beneficiary of an old-age pension in accordance with the law "on State pensions". (2) the retirement pension paid off, if the retirement pension beneficiary: 1) from the start of the new service (work), which gives entitlement to a retirement pension; 2) receives unemployment benefits. (3) On the first or second subparagraph conditions retirement pension beneficiary is obliged within 10 days notify the relevant national security authority, but the retirement pension beneficiary, who retired from the military, or released from the security police, the State social insurance agency's secrecy mode unit.
11. article. The retirement pension paid on time elapsed (1) Calculate the amount of the retirement pension which the retirement pension beneficiary is not received, the cost of the passage of time, but not more than three years. (2) if the calculated retirement pension is received, the institution that awarded or paid to a retirement pension, the amount of the pension is not paid for the last time without a time limit.
12. article. Deductions from retirement pension (1) deduction of the retirement pension can be made: 1) on the basis of a court order; 2) according to the national safety authorities or the State social insurance agency officials of the decision of the Department to recover the amount of the retirement pension which the retirement pension beneficiary in excess because he has not adhered to this law, the provisions of article 10. In this case, the relevant public security authority every month deducted 10 per cent of the retirement pension payable. The State social insurance agency overpaid in the amount of the retirement pension shall recover the law "on State social insurance" in the form prescribed and extent. (2) maintenance the maintenance of minor children are recovered first and foremost. (3) the total deduction amount per month can not exceed 50 percent of the amount of the retirement pension. (4) If the retirement pension paid off, before debt deleted, the remaining part of the debt being recovered in accordance with the procedure laid down by law.
13. 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 relatives, but another person — on certificates of inheritance or court ruling. (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. Death benefit the claimant or his authorized person within six months from retirement pension beneficiary's death, the presentation of identity documents, submit a written application to the national security authority, but such a retirement pension in the event of the death of the beneficiary, who retired from the military, or released from the security police, the State social insurance agency's secrecy mode unit.
(3) the retirement pension beneficiary in the event of the death of the surviving spouse, based on his request, granted and paid in a lump sum payment of two months the deceased spouse's retirement pension. The right to a lump sum payment if the deceased spouse's death the surviving spouse's age in the Republic of Latvia, disability or retirement pension beneficiary. Entitlement to benefits is if requested within six months from the date of death the deceased spouse.
14. article. The retirement pension paid to persons leaving for foreign countries to persons leaving to live abroad, the retirement pension granted under this Act, the cost in the order according to the law "on State pensions" certain public pension expenditures, if the Saeima approved international treaties do not provide otherwise.
15. article. Retirement pension certificate (1) retirement pensions retirement pension issued to the recipient certificate. (2) the retirement pension beneficiary certificate issuance and cancellation, as well as the procedure established by the Cabinet of Ministers.
Transitional provisions 1. With the entry into force of this law shall lapse at the constitutional protection Office's official retirement pension Act (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 2004, no. 2; 2007, nr. 24; 2009, 14, no. 22; Latvian journal 2010, nr. 82). 2. the Cabinet of Ministers until 2015 September 1, issued by this law, the seventh part of article 9 and article 15 referred to in the second subparagraph. 3. Persons whose retirement pension is granted and paid in accordance with the constitutional protection Office's official retirement pensions Act, save the right to the same revision of the retirement pension, the amount and cost of the procedure it had established to this law into force. 4. the officials of this Act on the date of entry into force of the national security services of the institutions, the retirement seniority to transfer 80 percent of the total insurance in seniority and length of service, comparable set in accordance with the law "on State pensions", where the national security institutions worked days or at least 10 years. The Parliament adopted the law of 14 may 2015. The President a. Smith in 2015 on June 3.