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The Provisions On The System Of The Ministry Of The Interior Staff With Special Ranks Retirement Pensions

Original Language Title: Noteikumi par Iekšlietu ministrijas sistēmas darbinieku ar speciālajām dienesta pakāpēm izdienas pensijām

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The Cabinet of Ministers of the Republic of LATVIA in 1997 on 30 December Regulation No 439 in Riga (No. 73.17. ¤) the rules on the system of the Ministry of the Interior staff with special ranks retirement pensions of the Republic of Latvia Issued the constitutional order of article 81 article 1. The scope of the provisions of these regulations shall determine the system of the Ministry of the Interior staff with specific ranks (hereinafter employees) retirement pension, calculation and award of costs.
2. article. The right to a retirement pension entitlement to a retirement pension is: 1) employees whose retirement seniority in accordance with article 3 of these rules is the twenty and more years, if you have reached age 50;
2) employees irrespective of age are exempt from the health service or a reduction in the number of employees, if retirement is 20 or more years seniority;
3) employees whose total insurance seniority and seniority and the equivalent of 25 more years, of whom twelve years and six months is days in the Interior Ministry system, if you have reached age 50.
3. article. The calculation of the retirement seniority retirement seniority, giving entitlement to a retirement pension, including: 1) required military service and then aligned with the service;
2) active military service and rating service for officers, soldiers and ordinary virsdienest militia posts under the Ministry of defence and in held (former) military departments and the national presidential and Parliamentary Security Service (the Republic of Latvia Supreme Council of security service, security service of the Republic of Latvia). The service is considered as the start of the day, which included a military unit personnel, but about the end of the day the service with which the soldiers off from this composition;
3) employees — service system in the Ministry of the Interior;
4) that article 2, paragraph employees — 80 percent of other institutions, enterprises and organizations (companies) of time worked;
5) border guard employees — 80 percent of other institutions, enterprises and organizations (companies) of time worked;
6) time, which consists of ordinary and commanding officers before joining the staff of the Ministry of the Interior system worked in the Court of judge or Prosecutor in the Office's operational capacity, where the employee has at least five days, but the workers who service launched after the entry into force of these regulations, if at least 20 days a year;
7) the time the employee was wrongly called a criminally, repressed — kept in custody or suffered the penalty of prison, if they are later exonerated by a court or found not guilty they stand accused in the crime.
4. article. Wages from which the calculation of the retirement pension (1) the retirement pension is calculated from the monthly average wage amounts for one year out of the last five years before the release of the service.
(2) pay includes salary, bonus, bonus on special service rank, bonus on retirement and other benefits, which shall be determined by the Cabinet of Ministers.
5. article. Fixing the amount of the retirement pension (1) employees who reached age 50, the retirement pension awarded 55 percent of the rules referred to in article 4 and the wage for each year of the retirement seniority over the 20 years the retirement pension shall be increased by two percent from the rule referred to in article 4 of the wage.
(2) employees who are exempt from the health service or a reduction in the number of employees, the retirement pension awarded 40 percent of these rules referred to in article 4 and the wage for each year of the retirement seniority over the 20 years the retirement pension shall be increased by two percent from the rule referred to in article 4 of the wage.
(3) employees whose service in the Interior Ministry system in more than twelve years and six months, the retirement pension awarded 40 percent of these rules referred to in article 4 and the wage for each year of the retirement seniority over twelve years and six months for a retirement pension shall be increased by 1.5 percent of the rules referred to in article 4 of the wage.
(4) the maximum retirement pension shall not exceed 75 per cent of the wage sum.
(5) the minimum amount of the retirement pension must not be less than the State social security benefit.
(6) employees who are granted a retirement pension by the law "on State pensions" for the granting of old-age pensions in a certain age the State social insurance agency of the place of residence of the applicant is granted a pension of State social insurance old-age pension. Up to the age of the determination of the amount of the pension is suspended payment of the retirement pension. Granted the old-age pension paid from State pension special budget.
(7) After the State social insurance old-age pension of the employee of the retirement pension shall be reduced by the amount of the old-age pension awarded.
6. 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 and wage index insurance changes.
(2) the amount of the retirement pension report by Interior Minister orders payment of the retirement pension provided for in the framework of the funds in the order laid down in the State pension for indexing.
7. article. Request a retirement pension and payout (1) employee retirement pension requests and its allocation of the necessary documents submitted to the Interior Ministry.
(2) the Ministry of the retirement pensions and the granting of the request the necessary documents examined during the 10 days following their receipt and shall notify the decision to the applicant the retirement pension.
(3) the employees of the retirement pension granted to the Ministry of the Interior.
(4) employee procedures for the payment of the retirement pension is determined by the Interior Minister.
(5) retirement pension beneficiary may authorize another person to receive a pension. On the basis of a single authority, the pensions to be paid continuously no longer than six months.
(6) the complaints the retirement pension allocation issues employees may submit to the Ministry of the Interior.
(7) these provisions for disputes on the rights issue to court.
8. article. Retirement pension terms for granting retirement pensions shall be granted without a time limit after the release of the service staff.
9. article. The retirement pension termination or amendment thereof (1) the payment of the retirement pension is interrupted or extent is amended by:

1) if the recipient of the retirement pension is granted an old-age pension in accordance with the law "on State pensions";
2) if retirement pension beneficiary from the new service, which gives entitlement to a retirement pension.
(2) the retirement pension beneficiary is obliged to report to the Ministry of the Interior on this in the first paragraph of the said conditions.
10. article. The cost of the retirement pension, retirement pension beneficiary from the new after service, which gives entitlement to a retirement pension (1) retirement pension beneficiary, when the Ministry of the Interior or the Ministry of defence and service of the authorities, which give entitlement to a retirement pension, the service shall be terminated retirement pension costs.
(2) after the release of the service staff is updated cost of the retirement pension granted, for each year after the retirement seniority of service renewal by increasing the amount of the retirement pension of about two percent of these rules laid down in article 4 of the wage.
11. 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 received, the cost of the passage of time, but not more than three years before the amount of the pension paid to the submission of the request.
(2) If the calculated amount of the retirement pension is received by the authority, which is granted or paid to a retirement pension, the amount paid for the passage of 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 ruling;
2) Interior Minister in accordance with the procedure laid down for the excess withholding of retirement pension, retirement pension, if the recipient is not subject to the provisions of article 9. In this case each month in up to 10 percent withholding from the retirement pension payable until the overpayment amount is deleted.
(2) maintenance the maintenance of the 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 payment of the retirement pension is interrupted before the debt, the remaining part of the debt being recovered in accordance with the procedure laid down by law.
13. article. The retirement pension beneficiary's death not received retirement pensions and death grants cost (1) retirement pension the amounts due to the beneficiary and the retirement pension is not paid by reason of his death, is entitled to receive a pension of the spouse of the beneficiary and to all the first-and second-degree relatives.
(2) If the retirement pension beneficiary is dead before the State social insurance old-age pension for age, the Ministry of Internal Affairs to his family or the person who entered into the funeral, paid from funds intended for the payment of the retirement pension, death benefit within two months of retirement pension.
(3) If the retirement pension beneficiary is dead by the State social insurance old-age pension, of the Ministry of the Interior to his family or the person who entered into the funeral home, the cost of the State pension special budget death benefit two months of State social insurance old-age pensions and the cost of the retirement pension funds — allocated to double retirement pension level established by the State social insurance old-age pension.
14. article. The retirement pension paid to persons leaving for foreign countries (1), the right to a retirement pension, obtained in accordance with these provisions, the Republic of Latvia citizens remain after their departure to a foreign country law.
(2) non-citizens retirement pension granted before leaving to live abroad, paid six months ahead of the next month after check-out from the residence, but the subsequent payment of the pension is terminated, if international agreements do not specify a different agenda.
Closing questions 1. Retirement seniority, giving entitlement to a retirement pension, including: 1) the Ministry of the Interior system employees — this provision included the entry into force of the retirement seniority;
2) service in the armed forces of other countries, border troops or home affairs institutions of the system until 1991 31 December, if the home affairs institutions of the system or the rules in article 3, paragraph 2 of the authorities at least five days, but the workers who service launched after the entry into force of these regulations, if at least 20 days a year;
3) time public fire and rescue services in the professional fire service rank and commanding the posts without special ranks, if by creating this service and by reorganizing departments, the persons concerned have been granted special ranks;
4) service in the Latvian police from 18 November 1918 to 1940 to July 21, regardless of the time and days of age at the time of the termination of the service, if the service the police stopped Latvia's incorporation into the USSR.
2. the former system of Interior officers with special ranks, the Interior Ministry's investigation department reorganization was transferred to the public prosecutor's Office and to the Ministry of Interior employee receiving retirement pension were no more than five years after retirement 20 years seniority — — the attainment of retirement pension is granted. The Ministry of the Interior and the calculation of the retirement pension funds allocated to the cost of the retirement pension paid 40 percent of the average wage amounts for the last year before the transfer to the Prosecutor's Office.
3. the former system of Interior officers with special ranks, which, by the Ministry of the Interior autoinspekcij Department reorganization was transferred to the Department of road safety and the time in the system of the Ministry of the Interior shall not be less than twelve years and six months of retirement pension is granted. The Ministry of the Interior and the calculation of the retirement pension funds allocated to the cost of the retirement pension paid 40 percent of the average wage amounts for the last year before the transfer to the road traffic safety department. For each year the retirement seniority over twelve years and six months for a retirement pension shall be increased by 1.5%.

4. Employees who until 1 January 1998 the retirement seniority is twenty and more years, are entitled regardless of age to receive a retirement pension from the 40 percent rule referred to in article 4 of the wage. For each year the retirement seniority over the 20 years the retirement pension shall be increased by two percent.
5. Employees who until 1998 January 1, retirement is 19 or more years seniority, is entitled regardless of age after 21 years of reaching the retirement seniority to receive a retirement pension from the 40 percent rule referred to in article 4 of the wage. For each year the retirement seniority over the 20 years the retirement pension shall be increased by two percent.
6. Employees who until 1998 January 1, retirement is 18 or more years seniority, is entitled regardless of age after 22 years of reaching the retirement seniority to receive a retirement pension from the 40 percent rule referred to in article 4 of the wage. For each year the retirement seniority over the 20 years the retirement pension shall be increased by two percent.
7. Employees who until 1998 1 January is 17 and the retirement seniority over the years, are entitled regardless of age after 23 years of reaching the retirement seniority to receive a retirement pension from the 40 percent rule referred to in article 4 of the wage. For each year the retirement seniority over the 20 years the retirement pension shall be increased by two percent.
8. Employees who until 1998 1 January 16 the retirement seniority is more a year, and is entitled regardless of age after 24 years of reaching the retirement seniority to receive a retirement pension from the 40 percent rule referred to in article 4 of the wage. For each year the retirement seniority over the 20 years the retirement pension shall be increased by two percent.
9. Employees who until 1998 1 January retirement seniority is 15 or more years, are entitled regardless of age after 25 years of reaching the retirement seniority to receive a retirement pension from the 40 percent rule referred to in article 4 of the wage. For each year the retirement seniority over the 20 years the retirement pension shall be increased by two percent.
10. Article 6 of these rules, the first subparagraph shall enter into force by 1 January 2000. Up to 2000 retirement pensions transparent each semester, taking account only of the consumer price index.
11. Regulations shall enter into force by 1 January 1998.
Prime Minister in: environmental protection and regional development Minister, Deputy Prime Minister a. Gorbunov for Interior Minister z. Čever in the