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REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA Official translation REPUBLIC OF LITHUANIA LAW ON STATE SOCIAL INSURANCE PENSIONS 18 July 1994 No. I-549 Vilnius (As amended by 30 October 2001 No. IX-571) CHAPTER

  1. GENERAL PROVISIONS Persons Article
  2. The Right to State Social Insurance Pension Permanent residents of the Republic of Lithuania who have been insured by compulsory state social pension insurance by themselves or by someone for them for the period established under this Law, shall have the right to receive state social insurance pension. Citizens of the Republic of Lithuania permanently residing abroad are entitled to draw a state social insurance pension if it is established by international agreements or according to the procedure established by the Government of the Republic of Lithuania. Foreign citizens and stateless persons permanently residing in Lithuania shall have the right to the state social insurance pension under this Law, if the laws of the Republic of Lithuania or international agreements do not provide other conditions of pensionary maintenance for such persons. Article
  3. Persons Insured by State Social Pension Insurance The following persons shall be compulsorily insured by state social pension insurance: 1) persons employed under employment contract, diplomatic service contract or fixed-term diplomatic service contract, civil servants, as well as employed in institutions elected on the basis of membership, partnerships, agricultural companies or co-operative organisations and receiving remuneration; 2) officers of the Ministry of the Interior, Special Investigation Service, police, State Border Protection Service and other officers of internal affairs agencies, commissioned officers of internal affairs units, non-commissioned officers and soldiers of additional service, as well as officers of the prosecutor's office; 3) servicemen in the professional military service; 4) officers of the State Security Department system; 5) unemployed spouses of diplomats for a period of time they reside abroad together with the diplomat who works in a diplomatic mission or consular institution of the Republic of Lithuania; 6) owners of individual (personal) enterprises and self-employed persons who are equated to them in the manner prescribed by the Government of the Republic of Lithuania (with the exception of the persons specified in subparagraph 8 of this paragraph); 7) farmers and adult members of their families who work on the farm; 8) persons who have acquired patents; 9) servicemen in an initial period of continuous service in the mandatory military service and servicemen of the alternative national defence service; 10) a mother or a father who is on child care leave, raising a child between 1 and 3 years of age; 11) a mother or a father who is unemployed and is not childcare leave, but who raises a child up to three years of age; 12) clergymen of traditional and other religious communities and associations recognised by the State, as well as nuns and monks working only in convents and monasteries; 13) one of the parents of a person with total invalidity or a person who is in a prescribed manner declared a guardian or custodian of a person with total invalidity, who takes care of the person with total invalidity at home. The persons indicated in subparagraphs 9-13 of paragraph 1 of this Article shall be compulsory insured by state social pension insurance with state funds in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it. The persons indicated in subparagraph 13 of paragraph 1 of this Article shall be compulsory insured with state funds only when they do not get a state social insurance pension, state pension or social assistance pension to which they are entitled. Other persons may be insured by state social pension insurance on a voluntary basis at state social insurance offices transacting this insurance according to the procedure established by the Government of the Republic of Lithuania. Article
  4. Eligibility for State Social Insurance Pensions State social insurance pensions shall be awarded to persons specified in Articles 1-2 if they meet the requirement of a state social pension insurance period established by this Law for awarding a relevant type of pension and upon attaining the age established by this Law, or are recognised as disabled persons, and upon the death of such persons - to the members of their family. TYPES OF PENSIONS Article
  5. Types of State Social Insurance Pensions State social insurance old age, invalidity, survivor's and orphan's (loss of breadwinner) pensions shall be provided under this Law. Article
  6. The Right to Choose a Type of Pension Persons who are entitled to receive at the same time both state social insurance old age and invalidity pensions shall be awarded the pension which is higher or one of them at their own choice. Survivor’s and orphan’s pensions shall be paid alongside with old age and invalidity pensions. Persons who are entitled to receive at the same time both state social insurance survivor's and orphan's pensions shall be awarded the pension which is higher or one of them at their own choice. Persons who are entitled to receive either a state loss of breadwinner's pension or state social insurance loss of breadwinner's pension for the breadwinner who died prior to 1 January 1995, and who are at the same time entitled to state social insurance old age, invalidity, survivor's or orphan's pension shall be awarded one of these pensions at their own choice, except an orphan's pension which is awarded for a father (mother) who died on 1 January 1995 and later, and which is paid together with a loss of breadwinner's pension for the father (mother) who died prior to 1 January
  7. Persons entitled to a state social insurance pension shall not loose the right to draw other state pensions as well as non-state pensions if the laws do not provide otherwise. THE STRUCTURE OF PENSIONS Article
  8. The Structure of the State Social Insurance Pension State social insurance pension shall consist of the basic part and supplementary part. The basic part of state social insurance pension shall guarantee minimum pensionary maintenance for persons who have compulsory period of state social pension insurance and who meet other conditions established by this Law. The reference amount of the basic part of state social insurance pension shall be the basic state social insurance pension (Article 12). The supplementary part of state social insurance pension shall provide supplementary pensionary maintenance for those persons who are specified in subparagraphs 1-6 of paragraph 1 of Article 2 and who were insured by state social pension insurance, taking into account this insurance period and income covered by insurance earned during the insurance period. The Source of the Payment of Pensions Article
  9. The Source of the Payment of State Social Insurance Pensions State social insurance pensions shall be paid from the budget of the state social insurance fund of the Republic of Lithuania. Insurance Period Article
  10. Person's Period of State Social Pension Insurance Insured person's period of state social pension insurance shall comprise a person's state social pension insurance period acquired when the person was working under employment contract or on the basis of membership or service and the person's state social pension insurance period acquired when the person was self-employed. The period of state social pension insurance when the person was working under employment contract or on the basis of membership or service shall be acquired by the persons specified in subparagraphs 1-4 of paragraph 1 of Article
  11. It shall comprise: 1) the period during which these persons pay by themselves compulsory contributions of state social insurance pension, established by law for them, or such contributions are paid for them; 2) the period during which these persons receive state social insurance sickness (temporary incapacity for work), maternity allowances and unemployment benefit. The period during which unemployment benefit was paid shall be included into the period of insurance only for those persons who have been insured against unemployment. Periods of time when persons specified in subparagraphs 5 and 6 of paragraph 1 of Article 2, have been insured by state social pension insurance shall be held equivalent to person's period of state social pension insurance, acquired when working under employment contract, on the basis of membership or service. Self-employed persons specified in subparagraphs 7 and 8 of paragraph 1 of Article 2 shall acquire the period of state social pension insurance. The period of state social pension insurance shall comprise the time during which these persons pay compulsory state social insurance pension contributions established by law for them or during which such contributions have been paid for them. Periods of time when persons specified in subparagraphs 9-13 of paragraph 1 of Article 2, have been compulsory insured by state social pension insurance with state funds shall be held equivalent to person's period of state social pension insurance, acquired when the person was self-employed. Article
  12. Computation of the State Social Pension Insurance Period for Persons who Have Been Employed under Employment Contract or on the Basis of Membership or Service If wages and other income, on which the compulsory state social pension insurance contributions have been paid, of a person for whom the period of state social pension insurance is being calculated when working under employment contract or on the basis of membership or service, are not less than the sum of minimum wages per all months in a calendar year, then the entire calendar year shall be included in the period of state social pension insurance. In a contrary case the period of state social pension insurance in that year shall be considered to be proportionally lower. In the retirement year all months prior to the retirement month shall be included in the period of state social pension insurance obtained when working under employment contract or on the basis of membership or service, if wages and other income on which compulsory state social pension insurance contributions have been paid are not lower than the sum of minimum wages per all these months. In a contrary case the period of state social pension insurance in a year of retirement shall be considered to be proportionally lower. Article
  13. Calculation of the State Social Pension Insurance Period for Self-employed Persons The period of state social pension insurance in a calendar year of the person for whom state social pension insurance period is being calculated shall comprise the number of months for which he has paid the whole compulsory state social pension insurance premium established for him or such premium has been paid for him. The period of state social pension insurance of the person shall be counted in accordance with actually paid state social pension insurance contributions into the budget of the State Social Insurance Fund. The period of state social pension insurance from 1 January 1995 till 31 December 1999 shall be counted in the same manner for farmers and their underage family members who worked on farms. Article
  14. Calculation of State Social Pension Insurance Period The person's period of state social pension insurance shall be calculated by summing up said person's period of state social pension insurance of each year acquired while working under employment contract or on the basis of membership or service and the state social pension insurance period obtained during self-employment. Only one year of the period of state social pension insurance may be included in one calendar year. The period of state social pension insurance shall be expressed in years. If the part thereof has been calculated in months, the number of months shall be divided by twelve. AMOUNTS USED FOR THE CALCULATION OF BASIC AND SUPPLEMENTARY PART OF PENSION Article
  15. The Amount of the Basic State Social Insurance Pension The amount of state social insurance base pension may not be less than 110% of the minimum level of living (MLL). The amount of state social insurance base pension shall be approved by the Government of the Republic of Lithuania on the recommendation of the State Social Insurance Fund Council. Article
  16. The Person's Insured Income All income of persons specified in subparagraphs 1-6 of paragraph 1 of Article 2, on which state social pension insurance contributions have been paid, as well as state social insurance sickness benefits (temporary incapacity for work), maternity allowances and unemployment benefits received, shall be considered as the insured income. Article
  17. Average Monthly Insured Income Average monthly insured income shall be the average insured income of all insured persons specified in subparagraphs 1-6 of paragraph 1 of Article 2, allotted to one insured person. Average monthly insured income shall be calculated according to the income on which state social pension insurance contributions have been paid into the State Social Insurance Fund Budget, as well as according to the paid state social insurance benefits. Average monthly insured income according to the annual data must be approved not later than by 1 March of the following year. Average monthly insured income established by the State Social Insurance Fund Council shall, not less frequently than each quarter, be approved by the Government in accordance with the State Social Insurance Fund budget indices for the preceding quarter. Average monthly insured income according to the quarterly data must be approved no later than within a month following the start of a new quarter. Article
  18. Calculation of the Annual Rate of Insured Income Annual rate of insured income of the insured person shall be calculated by dividing person's insured income per a calendar year by the number of months included for such person in the state social pension insurance period obtained while working under employment contract or on the basis of membership or service and an average monthly insured income of that year calculated according to the data of that year. If the pension is being awarded prior to the approval of the average monthly insured income of the preceding year, the last approved average monthly insured income according to the quarterly data shall be used for the calculation of the person’s rate of insured income. Upon approval of average monthly insured income of the last year, the awarded pension shall, taking into consideration such income, be recalculated from the day of award of the pension. Article
  19. The Rate of the Person's Insured Income The rate of the insured person's insured income shall be calculated as the average of annual rates based on the 25 most favourable calendar years of person's period of state social pension insurance after 1 January 1994 chosen by the person, accumulated while working under employment contract or on the basis of membership or service. This provision shall be implemented according to the procedure established in Article 54 of this law. If the person's period of state social pension insurance accumulated while working under employment contract or on the basis of membership or service is less than the number of years specified in paragraph 1 of this Article, but is not less than one month, the person's rate of insured income shall be calculated on the basis of the acquired period of insurance. If the period of insurance is less than one month, the person's rate of insured income shall be the ratio between monthly wage of the insured person established by employment or another contract and the last approved average monthly insured income. If the wages have not been established, it shall be considered that it is equal to the minimum monthly wage of that month. CHAPTER 2 STATE SOCIAL INSURANCE OLD AGE PENSIONS Article
  20. The Right to Draw State Social Insurance Old Age Pension A person shall be entitled to draw state social insurance old age pension if he meets the following requirements: 1) reaches the pensionable age established by this Law; 2) has the minimum state social pension insurance period established for the old age pension.; The person must meet the requirements set forth in subparagraph 2 of paragraph 1 of this Article on the day he reaches pensionable age or on the day he applies for pension upon having already reached pensionable age. Article
  21. Old Age Pension Age Pensionable age shall be 60 years for women and 62 years and 6 months for men. The procedure for enforcement of this Article shall be established in paragraph 2 of Article 55 of this Law. Article
  22. Minimum and Obligatory Insurance Period for the Old Age Pension The minimum state social pension insurance period for state social insurance old age pensions shall be 15 years. The obligatory state social pension insurance period for state social insurance old age pension shall be 30 years from 1 January 1999 for men and as from 1 January 2004 for women. The procedure for enforcement of this Article shall be established in Article 55 of this Law. Article
  23. The Amount of the Basic Part of State Social Insurance Old Age Pension The basic part of the state social insurance old age pension shall be equal to the state social insurance base pension when the person has the obligatory state social insurance pension period for the old age pension. If the person has not the obligatory state social pension insurance period for old age pension, but has the minimum state social pension insurance period for old age pension, the basic part of the state social insurance old age pension shall be calculated in proportion to the person’s insurance period, by multiplying the base pension and the available person's period and dividing by the obligatory insurance period. Article
  24. Amount of the Supplementary Part of State Social Insurance Old Age Pension The supplementary part of the state social insurance old age pension shall be calculated for persons who are eligible to draw state social insurance old age pension and who have the state social pension insurance period acquired while working under employment contract or on the basis of membership or service, according to the formula 0.005xSxKxD, where : S stands for the person’s state social pension insurance period acquired while working under employment contract or on the basis of membership or service; K stands for the rate of the person’s insured income (Article 16); D stands for the average monthly insured income according to the quarterly data, which were confirmed by the first day of the month for which the pension is paid (Article 14). Article
  25. Reduction of the Pensionable Age and Obligatory State Social Pension Insurance Period for Persons Suffering from Hypophyseal Nanism For persons who suffer from Hypophyseal Nanism (midgets) old age pension age established by Article 18 shall be reduced by 15 years and the obligatory and minimum insurance period established by Article 19 shall be reduced by 10 years. Article
  26. Payment of the Old Age Pension to Pensioners with Insured Income Pensioners who, upon being awarded state social insurance old age pension, have income on which compulsory state social pension insurance contributions are calculated and paid or who receive state social insurance sickness benefits (including those paid by the employer during the days of illness), maternity allowances, maternity (paternity) allowances and unemployment benefits (hereinafter referred to as insured income), if they have an obligatory state social pension insurance period for old age pension (Articles 19 and 22, and paragraph 1 of Article 46), shall be paid full awarded state social pension insurance old age pension when their insured income does not exceed one minimum monthly salary. If insured income of the said persons exceeds one minimum monthly salary, but does not exceed 1.5 minimum monthly salary, they shall be paid a basic part of state social insurance old age pension (paragraph 1 of Article 20) and a part of the supplementary part of awarded old age pension (hereinafter referred to as a supplementary part) which shall consist of the sum of the following amounts: 1) 50 per cent of the supplementary part which does not exceed LTL 100; 2) 20 per cent of the supplementary part which is from LTL 100.01 to LTL 200; 3) 10 per cent of the supplementary part which is from LTL 200.01 to LTL
  27. A part of the supplementary part of old age pension which exceeds LTL 300 shall not be paid. If the insured income of the persons indicated in paragraph 1 of this Article exceeds 1.5 minimum monthly salary, they shall be paid the basic part of the state social insurance old age pension. Pensioners who have insured income, but do not have the obligatory state social pension insurance period for old age pension, shall not be paid state social insurance old age pension. Retirement pensions awarded in accordance with the procedure which was valid before coming into force of this Law, shall be paid to recipients of such pensions, who have insured income, in accordance with the procedure established in paragraphs 1-3 of this Article. Article
  28. Increase of the Old Age Pension Due to the Deferred Application If at a certain time the person becomes eligible to draw the state social insurance old age pension and has the obligatory state social pension insurance period, but he does not take it and applies for it at a later time, the pension shall be calculated for him according to the data at the time of application and shall be increased by 4 percent of the calculated amount for each full year after the date when the person having the obligatory insurance period becomes eligible to draw an old age pension. At the request of the person who is entitled to draw an old age pension and has the obligatory state social pension insurance period, the payment of pension may be deferred. In this event the pension shall be recalculated according to the data at the moment of application and shall be increased by 4 percent of the calculated amount for each full year after the moment of the deferment of payment. Having deferred the payment of pension for an incomplete year, the pension shall be paid for the last months of the year of deferment, but it shall not be subject to the increase. For the purpose of the payment of pension the pensioner’s insured income and age (Article 23) during the period for which the pension is being paid shall be taken into account. If the application for pension is deferred for more than five years, the pension shall be increased only for five years of deferment. By decision of the State Social Insurance Fund Council a greater percentage of the increase of pension due to the deferred application may be established. CHAPTER 3 STATE SOCIAL INSURANCE INVALIDITY PENSIONS Article
  29. The Concept of Invalidity Invalidity means total or partial loss of working capacity, which is either permanent or remains after the termination of the payment of sickness allowances and which limits the person’s possibilities to engage in income earning activities. Article 26 Groups of Invalidity Depending on the degree of the incapacity for work, three invalidity groups shall be established for the purpose of calculating pensions. Invalidity groups, causes, time of occurrence and duration thereof shall be established by the State Medical Social Examination Commissions (SMSEC), functioning pursuant to their regulations approved by the Government of the Republic of Lithuania. The State Social Insurance Fund Board shall, in a manner prescribed by the Government, be entitled to dispute the correctness of the determination of invalidity degree of a person who is eligible to draw state social insurance invalidity pension. Article
  30. The Right to State Social Insurance Invalidity Pension A disabled person shall acquire the right to draw state social insurance invalidity pension if on the day the invalidity has been determined he has the minimum state social pension insurance period necessary for invalidity pension. The person who has not been entitled to state social insurance invalidity pension in accordance with the condition indicated in paragraph 1 of this Article, shall acquire the right to draw it in the event if he has minimum state social pension insurance period for invalidity pension on the day his is repeatedly examined in order to determine invalidity or on the day of his applying for pension. Article
  31. Minimum and Obligatory Insurance Period for Invalidity Pension The persons who are under 23 years of age and for whom invalidity or the group of graver invalidity is assessed during the state social pension insurance period, shall become entitled to draw state social insurance invalidity pension deeming that they meet the requirements of minimum and obligatory insurance period established for invalidity pension and by not applying to them the requirements set forth in paragraph 1 of Article
  32. In other cases the persons under 23 years of age shall acquire the right to draw state social insurance invalidity pension only if they meet the requirements of paragraph 1 of Article
  33. For other persons the following minimum state social pension insurance period for invalidity pension shall be established: until 26 years of age - 1 year; upon reaching the age of 26 - 2 years; upon reaching the age of 29 - 3 years; upon reaching the age of 32 - 4 years; upon reaching the age of 35 and over - 5 years. The obligatory state social pension insurance for invalidity pension shall be : until 24 years of age - 1 year; upon reaching the age of 24 - 2 years; upon reaching 25 - 3 years; upon reaching the age of 26 - 4 years. Over 26 years of age the obligatory state social pension insurance period shall be increased by one year for each one and a half years of age, but may not exceed the obligatory insurance period established for old age pension. Article
  34. Calculation and Amount of State Social Insurance Invalidity Pension State social insurance invalidity pension for the persons entitled to receive this pension shall be calculated by adding up the basic and supplementary parts of invalidity pension. The basic part of Group 1 invalidity pension shall be equal to 1.5 base pension for the persons who have obligatory state social pension insurance period for invalidity pension, and the basic part of Group 2 invalidity pension shall be equal to the base pension. If the person does not have the required obligatory insurance period, the basic part of his invalidity pension shall be calculated by multiplying the amount of 1.5 base pension for the disabled of Group 1 and the amount of base pension for the disabled of Group 2 and the accumulated insurance period and by dividing it from the obligatory insurance period. The supplementary part of invalidity pension shall be calculated for persons who have the state social pension insurance period obtained while working under employment contract or on the basis of membership or service, in the same manner as the supplementary part of old age pension (Article 21) , by including in the insurance period: 1) the entire person's state social pension insurance period acquired while working under employment contract, on the basis of membership or service; 2) the number of years left until the person reaches pensionable age established for him (Articles 18 and 55). If the person's state social pension insurance period obtained while working under employment contract, on the basis of membership or service is less than the obligatory state social pension insurance period for invalidity pension (Article 28), only the proportionately smaller portion of the total number of years that are left until the pensionable age shall be credited to the insurance period, which is derived by multiplying the number of years left until the old age pension age and the state social pension insurance period obtained by the person while working under employment contract, on the basis of membership or service, and dividing it by obligatory insurance period required for invalidity pension. The state social insurance invalidity pension for the disabled of Group 3 shall be calculated in the same manner as for the disabled of Group 1 and 2, which then shall be reduced by 50 percent. Article
  35. Supplement to Invalidity Pension Repealed from 1 January
  36. Article
  37. Invalidity Caused by Occupational Injury or Occupational Disease Repealed from 1 January
  38. Article
  39. The Payment of Pensions to the Disabled with Insured Income The disabled who are of the established pensionable age (Article 18 and 22) and over, who, after the awarding of state social insurance invalidity pension, have income on which compulsory state social pension insurance contributions are calculated and paid, or who receive state social insurance sickness benefits (including those paid by the employer during the days of illness), maternity allowances, maternity (paternity) allowances and unemployment benefits (hereinafter referred to as insured income), if they have obligatory state social pension insurance state social pension insurance period for invalidity pension (Article 28, paragraph 1 of Article 46), shall be paid full awarded state social insurance invalidity pension, if their insured income does not exceed one minimum monthly salary. If insured income of the said persons exceeds one minimum monthly salary, but does not exceed 1.5 minimum monthly salary, they shall be paid a basic part of state social insurance invalidity pension (paragraphs 2 and 4 of Article 29) and a part of the supplementary part of awarded invalidity pension (hereinafter referred to as a supplementary part) which shall consist of the sum of the following amounts: 1) 50 per cent of the supplementary part which does not exceed LTL 100; 2) 20 per cent of the supplementary part which is from LTL 100.01 to LTL 200; 3) 10 per cent of the supplementary part which is from LTL 200.01 to LTL
  40. A part of the supplementary part of invalidity pension which exceeds LTL 300 shall not be paid. If the insured income of the persons indicated in paragraph 1 of this Article exceeds 1.5 minimum monthly salary, they shall be paid the basic part of the state social insurance invalidity pension. The disabled who, after being awarded state social insurance invalidity pension, have insured income and have not reached the pensionable age shall be paid invalidity pension, provided they have the obligatory state social pension insurance period for invalidity pension, except the disabled of Group 1 to whom the obligatory insurance period requirement does not apply when paying a pension. This pension shall be paid to: 1) the disabled of Group 1 - the full granted state social insurance invalidity pension irrespective of the insured income; 2) the disabled of Group 2 and 3 whose insured income does not exceed 1.5 minimum monthly salary - the full awarded state social insurance invalidity pension; 3) the disabled of Group 2 and 3 whose insured income exceeds 1.5 minimum monthly salary - a basic part of awarded state social insurance invalidity pension and 50 percent of the supplementary part. The disabled specified in paragraphs 1-4 of this Article, who have insured income, if they do not have obligatory state social insurance pension period for invalidity pension, shall not be paid state social insurance invalidity pension (except the disabled of Group 1, specified in paragraph 4 of this Article, to whom the obligatory insurance period requirement shall not apply when paying a pension). CHAPTER 4 STATE SOCIAL INSURANCE SURVIVOR'S AND ORPHAN'S (LOSS OF BREADWINNER) PENSIONS Article
  41. The Right to Receive Survivor’s or Orphan’s Pensions The spouse and children of the deceased (or declared dead or missing in the established manner) who was insured by state social pension insurance, as well as other persons equated to them, shall be entitled to state social insurance survivor's or orphan's pension, if the deceased was granted the right, established by this Law, to state social insurance invalidity pension (if he/she was disabled) or old age pension or was drawing such a pension. A widow or a widower who did not have children with the deceased spouse, shall have the right to receive a pension only if not less than 5 years passed from the day of marriage registration in a prescribed manner to the day of death of the spouse. Survivor's and orphan's pension shall not be awarded, and the payment of the already awarded pension shall be terminated for the persons who by court's decision are adjudged to be guilty of committing a deliberate crime to the deceased for whom such pension is being or has been awarded. Article
  42. Persons Entitled to Receive Survivor’s Pension State social insurance survivor’s pension shall be payable to one of the following persons : widow or widower who raises the deceased person's children (adopted children), as well as nurses at home the deceased person's children (adopted children) the disabled of Group 1 who became disabled before reaching the age of 18, if such children (adopted children) are paid an orphan’s pension; widow or widower who reached the pensionable age or were declared disabled at the moment when they were raising the deceased person's children (adopted children), as well as nursed at home the deceased person's children (adopted children) the disabled of Group 1, who became disabled before reaching the age of 18, if at that time such children (adopted children) received or were entitled to receive an orphan's pension; widow or widower who had reached the pensionable age or had been declared disabled before the spouse died, or reached such age or declared disabled within 5 years from the spouse's death. A widow or a widower who did not have children with the deceased spouse, shall be entitled to a pension only if not less than 5 years passed from the day of the registration of marriage in a prescribed manner until the spouse's death; the de facto spouse, if there are children of the marriage with the deceased, whom he/she raises or nurses at home because they are the disabled of Group 1 and who became disabled before reaching the age of 18, if such children are paid an orphan's pension and if there is no spouse of the deceased to whom survivor's pension may be awarded. If there are no persons specified in paragraph 1 of this Article, the survivor’s pension shall be awarded to a person who is recognised in a prescribed manner as a guardian, raising the children (adopted children) of the deceased, as well as nursing at home the children (adopted children) the disabled of Group 1 who became disabled before reaching the age of 18, if such children (adopted children) are paid the orphan’s pension. In the event of remarriage a survivor’s pension paid to a widow or widower, or a de facto spouse who receives the survivor's pension, shall be discontinued. A person who is entitled to several survivor's pensions, shall be awarded and paid only one of them of his own choice. Article
  43. Persons Entitled to Receive Orphan's Pension The state social insurance orphan’s pension shall be payable to the deceased person’s children and adopted children under 18 years of age, as well as to older children if they became disabled before reaching the age of
  44. Stepsons or stepdaughters of the deceased, who prior to his/her death did not qualify for orphan’s pension, shall be entitled to receive state social insurance orphan’s pension under the same conditions as his/her children. Full time students of institutions of higher education, colleges, vocational and secondary schools registered in the established manner shall be entitled to the orphan's pension until graduation but only until they reach 24 years of age. The children of the deceased, who qualify for orphans’ pension shall also retain this right when someone adopts them. Article
  45. The Rate of Survivor’s and Orphan's Pensions The state social insurance survivor’s and orphan's pension shall be calculated in the same manner as the invalidity pension for the disabled of Group 2 (Article 29) and shall be awarded to: a person who is entitled to receive survivor’s pension (Article 34) -- 20 percent of its amount. If according to paragraph 2 of Article 34, several guardians are entitled to survivor's pension, each of the guardians shall be assigned an equal part, but not exceeding 20 percent of the total amount of the calculated pension; an orphan (Article 35) - 25 percent of its amount, if one child is entitled to such pension. If more than one child is entitled to such pension, the pension shall be divided equally among the children, but no more than 25 percent each and not more than 80 percent of the total amount of the calculated pension. If there are no persons qualifying for survivor's pension, each orphan shall be awarded an equal part of the pension, but not more than 25 percent of the calculated pension each and not more than 100 percent of the total amount of such pension. Upon the death of an old age or invalidity pensioner, the state social insurance survivor’s and orphan’s pension shall be calculated according to the old age or invalidity pension of the deceased in the manner provided for in paragraph 1 of this Article without applying the reduction of a invalidity pension for the disabled of Group 3 (paragraph 4 of Article 29). Article
  46. Calculation of Pension for Children who have Lost both Parents For children (Article 35) who have lost both their parents the amount of state social insurance orphan's pension shall be the aggregate of orphan’s pensions calculated for each dead parent separately. CHAPTER 5 GRANTING AND PAYMENT OF STATE SOCIAL INSURANCE PENSIONS AND CONSIDERATION OF DISPUTES CONCERNING PENSIONS Article
  47. Granting of State Social Insurance Pensions State social insurance pensions shall be awarded and paid by local departments of the State Social Insurance Fund Board according to this Law and the regulations for the granting and payment of state social insurance pensions approved by the Government of the Republic of Lithuania. Pensions shall be paid by local departments of the State Social Insurance Fund Board in accordance with a permanent or actual place of residence of a pensioner. Services related to the delivery of pensions may be provided for an agreed price by postal and other undertakings by competition. A competition shall be announced and the results approved by the State Social Insurance Fund Council. If more than one undertaking is taking part in a competition, and their proposed pension delivery prices and other conditions are the same, preference shall be given to the post office. Applications for pensions may be filed three months before the person becomes entitled to draw state social insurance old age pension or at any other date after the occurrence of the right to draw state social insurance pension . When applying for a pension all the necessary documents specified in the Regulations for the Granting and Payment of State Social Insurance Pensions must be submitted. A local department of the State Social Insurance Fund Board must adopt a decision concerning the granting of a pension or the refusal to grant a pension within the period established by the Regulations for Granting and Payment of State Social Insurance Pensions, and must inform the applicant thereon. If the granting of a pension is refused, the reasons for refusal must be stated. Article
  48. Time Limitations for the Granting and Payment of Pension State social insurance pension shall be granted and payable from the day the person becomes entitled to draw a pension, but not more than 12 months prior to the day of the receipt of application documents by a local department of the State Social Insurance Fund Board. In the event of deferred application for state social insurance old age pension, the pension shall be paid according to the procedure established by Article 24 of this Law. State social insurance pensions shall be awarded for life or for the period during which recipient retains the right to draw this pension under this Law. A territorial department of the State Social Insurance Fund Board that pays the pension must notify in advance the pensioner of the expiry of the term of the payment of pension. Upon the expiry of the term for which the pension was granted, its payment shall be discontinued if the recipient of the pension loses the right to receive it. If the recipient of a pension for good reason fails to apply for an extension of the payment of pension in due time, the pension shall be paid without interest for the entire period, but not more than 3 years after the discontinuance of payment and the recipient of pension was eligible to draw this pension. If there is no justified reason, but the right to draw pension is retained, the payment of pension shall be renewed from the day the application for the extension of the payment of pension is being filed. Upon the death of the pensioner, the pension shall be paid to persons who buried him, for the month when death occurred, if it had not yet been paid and it shall be paid at the same rate for the next two months. Article
  49. Re-calculation of Pension If a person who has been awarded state social insurance old age pension accrues an additional, but at least three-year state social pension insurance period while working under employment contract, or on the basis of membership or service, at his request the pension may be awarded anew in accordance with the new data. If a more severe invalidity Group is assessed for the person, at his request state social insurance invalidity pension shall be awarded anew according to the new data or shall be paid according to the former insurance period and wages data, by increasing it twofold (if Group 2 is decided upon instead of Group 3) or by commencing to pay a basic part of the pension which is 1.5 base pension (if Group 1 is decided upon instead of Group 2). If a milder invalidity group is decided upon, state social insurance invalidity pension ( if it has been awarded earlier) shall not be re-calculated, but paid in accordance with the former insurance period and wages data, by commencing to pay a basic part of the pension equal to a base pension ( if Group 2 is decided upon instead of Group 1) or reduced by 50 % ( if Group 3 is decided upon instead of Group 2). Article
  50. Payment of Pension when a Person Decides to Live Abroad When a pensioner transfers his residence to a foreign state, the awarded pension shall be paid to him provided: the pensioner has accrued at least the minimum state social pension insurance period required for drawing a respective pension, working in undertakings, agencies and organisations located in Lithuania; or the pensioner is a rehabilitated political prisoner or deportee who has accumulated a part of the insurance period during the imprisonment or at the place of deportation (Article 52). In other cases a pension shall be paid for 6 months ahead in the amount of the pension he has been entitled in the month of departure, and thereafter its payment shall be discontinued. Upon Lithuania’s accession to international conventions or upon the conclusion of international agreements concerning the payment of pensions, the pension shall be paid according to the procedure provided for in international conventions or agreements. Article
  51. Overpayment or Underpayment of Pension The sum of the state social insurance pension not received when due through the fault of the agency which has awarded or is paying it shall be paid for the past period without imposing limits by any term and by indexing it according to the procedure set forth in the Regulations for Granting and Payment of the State Social Insurance Pensions. The recipient of a pension must notify a regional department of the State Social Insurance Fund Board, which pays his pension, about the circumstances upon which the amount or payment of a pension depends, within ten days from the occurrence of such circumstances. If the pension is overpaid because of the failure to give notice of such circumstances in due time, the overpaid amount shall be recovered from the recipient by the decision of the head of the agency which pays said pension. Article
  52. Appeals against the Decisions of State Social Insurance Agencies Decisions of regional departments of the State Social Insurance Fund Board concerning the persons’ right to draw a pension may be appealed against to the State Social Insurance Fund Board. The procedure and time limits for appealing and for the consideration of appeals shall be established by the Regulations for Granting and Payment of the State Social Insurance Pensions. The decisions of the State Social Insurance Fund Board and its departments may be appealed against to the court. CHAPTER 6 PROCEDURE FOR THE ENFORCEMENT OF THE LAW Article
  53. The Date of Coming into Force of the Law This Law shall come into force on 1 January
  54. Subparagraph 2 of paragraph 1 of Article 41 of this Law shall come into force on 1 January
  55. Procedure for the Payment of Pensions Article
  56. Re-calculation of Pensions Awarded prior to the Coming into Force of this Law For persons who have been awarded state social insurance old age pension and invalidity pensions prior to the coming into force of this Law, pensions shall be re-calculated in pursuance of this Law on the basis of data concerning the earnings and the insurance period recorded in the pension file (Articles 47 and 48). If earnings data were recorded in the pension file several times, in order to re-calculate the pension from 1 October 1995 such fixed earnings shall be taken on the basis of which the calculated rate of the person's insured income is the biggest. If pensioners so request, they may update the data concerning the periods equated to state social pension insurance period according to the provisions of Article 52, recorded in the file. Those who wish may also submit the data concerning earnings of another time-period in accordance with the procedure which was effective prior to coming into force of this Law, and which is amended by the Regulations for Granting and Payment of State Social Insurance Pensions. Upon submitting the data before 1 July 1996, pensions shall be recalculated from 1 October 1995, and upon submitting the data later - from the first day of the month following the month when the documents are submitted. At the request of persons for whom state social insurance pension has been awarded prior to the coming into effect of this Law and whose state social pension insurance period has thereafter increased by a term of at least three years, the pension may be awarded anew pursuant to the provisions of this Law relative to the newly awarded pensions. State social insurance survivors’ and orphan's pensions for the deceased persons who died after 1 January 1995 and later shall be awarded in accordance with Articles 33-37 of this Law. Survivor's pensions for the deceased persons who died prior to 1 January 1995 shall be awarded in accordance with Article 451 of this Law, and orphan's pensions - in accordance with Articles 33, 35-37 of this Law. Loss of breadwinner pensions, awarded in accordance wit the procedure which was effective before coming into force of this Law, shall not be re-calculated and shall not be paid together with old age, invalidity, survivor's or orphan's pensions, except the orphan's pension which is awarded for a father (mother) who died before 1 January 1995 and later and which is paid together with the loss of breadwinner pension for a father (mother) who died before 1 January
  57. Loss of breadwinner pensions shall be paid in accordance with the procedure established in the Regulations for Granting and Payment of State Social Insurance Pensions. Retirement pension shall be recalculated into state social insurance old age or invalidity pension only in the event its recipient is of a pensionable age established by this Law. In the Otherwise the pensioner shall be paid the pension granted to him previously by indexing it according to the procedure specified in Article 50 of this Law. The procedure for the re-calculation of pensions of the officers and servicemen of the systems of the internal affairs, special investigation service, national defence, State security and prosecutor's office and of servicemen shall be established by the Law on State Pensions of the Officers and Servicemen of Internal Affairs, Special Investigation Service, State Security, National Defence and Prosecutor’s Office. Regional departments of the State Social Insurance Fund Board must commence the payment of recalculated pensions not later than after 6 months of the coming into effect of this Law. Up until that time the pensioner shall be paid the previously granted pension by indexing it according to the procedure specified in Article 50 of this Law. If the recalculated pension is bigger than the previous one, the difference shall be compensated to the recipient from the moment of the coming into effect of this Law. Article 451 . Survivor's Pension for the Souse who Died before 1 January 1995 State social insurance survivor's pension for the spouse who died before 1 January 1995 shall be awarded if the deceased had acquired a minimum state social pension insurance period, or a time period equated to it, for an invalidity pension (Articles 28 and 52) or had received state social insurance old age or invalidity pension. The right to receive state social insurance survivor's pension for the deceased who died before 1 January 1995 shall be enjoyed by the following persons: A widow or widower who reached pensionable age or was recognised as a disabled person at the time when he/she raised the children (adopted children) of the deceased, as well as nursed at home the children (adopted children) the disabled of Group 1, who became disabled before reaching the age of 18, if such children (adopted children) received or were entitled to a loss of breadwinner pension; A widow or a widower who had reached pensionable age or had been recognised as a disabled person before the death of the spouse or reached such age or was recognised as a disabled person within 5 years after the spouse's death. The persons specified in paragraph 2 of this Law shall be entitled to state social insurance survivor's pension only in the event, if the spouse, who died after coming into force of the Law on State Social Insurance, i.e. after 1 June 1991, was a permanent resident of the Republic of Lithuania at the time of his/her death. A widow or a widower who has the right a survivor's pension for the spouse who died before 1 January 1995, shall be awarded a pension in the amount of 25 percent of the state social insurance base pension. The payment of the pension to a widow or a widower who receives a survivor's pension for the spouse who died before 1 January 1995, shall be discontinued upon his/her remarriage. Article
  58. The Basic Part of the Recalculated Pension The basic part of the recalculated state social insurance old age and invalidity pension shall be deemed equal to the amount of the corresponding basic state social insurance pension part (Articles 20 and 29), if earlier a person was granted the full corresponding pension. In the event a person was granted a partial pension, the part in the amount of the corresponding basic state social insurance pension part derived by multiplying the amount of the corresponding basic state social insurance pension (Article 20 and 29) by the certified insurance period recorded in the pension file and by dividing by the insurance period required for the awarding of the full pension at the time of the awarding of the pension shall be considered as the basic part of the recalculated pension. Article
  59. Calculation of the Insurance Period while Recalculating Granted Pensions The total length of service recorded in the pension file accumulated prior to the entry into force of the Law on State Social Insurance, shall be deemed a person’s state social pension insurance period accrued while working under employment contract or on the basis of membership or service. The periods which were included in the insurance period by increasing their duration, shall be included as periods of calendar duration . Insurance periods recorded in a pension file after the entry into force of the Law on State Social Insurance, shall be considered as state social pension insurance periods accumulated while working under an employment contract or on the basis of membership or service for the persons specified in Article 4 of the Law on State Social Insurance, who have been paying fixed state social insurance contributions. When recalculating an invalidity pension the period specified in subparagraph 2 of paragraph 3 of Article 29 shall be included into the insurance period. If the person's state social pension insurance period, acquired while working under employment contract or on the basis of membership or service before the coming into force of this Law, is bigger than the one calculated in accordance with the provisions of paragraph 3 of Article 29, a supplementary part of the pension shall be calculated taking into account the total actual person's insurance period. Article
  60. Calculation of the Rate of the Person’s Insured Income while Recalculating Awarded Pensions When recalculating awarded pensions, the rate of the person’s insured income (Article 16) shall be calculated on the basis of the data recorded in the pension file according to the following procedure: if the pension has been awarded on the basis of a person’s wage average recorded in the file, calculated on the basis of the data of person’s earnings prior to 1 January 1991, this average shall be divided by the average monthly wage in Lithuania of a respective period; if the pension has been awarded on the basis of the data of person's wage after 1 January 1991 data, monthly wages recorded in the file shall be divided by the average wage in Lithuania of the month of a respective year, and the average of all the quotients calculated in such a way shall be considered as the rate of the insured income. In this case average wage of each month before 1 January 1991 shall be considered to be equal to an average monthly wage of that year in Lithuania. Article
  61. The Rule of Not Reducing a Pension If upon the recalculation of a pension it becomes smaller than the previous pension, the pensioner shall be paid the previously awarded indexed pension by further indexing it according to the procedure established in Article 50 of this Law. In the event a higher invalidity group is established for a person who has been paid unrecalculated invalidity pension according to the lower Group of invalidity, at the request of this person: 1) invalidity pension shall be granted according to a new invalidity group and new insurance period and insured income data; 2) invalidity pension shall be granted according to a new invalidity group and according to the insurance period and earnings data at the moment of the coming into effect of this Law; 3) unrecalculated invalidity pension shall further be paid according to the previous invalidity group, by indexing it in accordance with the procedure established in Article
  62. If a lower invalidity group is determined for a person who has been paid unrecalculated invalidity pension according to the higher invalidity group, at the request of this person: 1) invalidity pension shall be awarded according to a new invalidity group and new insurance period and insured income data; 2) invalidity pension shall be awarded in accordance with the procedure established in paragraph 2 of Article 40 of this Law according to a new invalidity group and according to the insurance period and wages data recorded in the pension file at the moment of the coming into effect of this Law; 3) the disabled of Group 2 shall further be paid unrecalculated invalidity pension according to the former invalidity group whereas the disabled of Group 3 shall be further paid 50 percent of the unrecalculated invalidity pension according to the former invalidity group by indexing it in accordance with the procedure established in Article
  63. Article 50.Indexation of the Unrecalculated Pension Unrecalculated pension shall be indexed every time after the approval of the amount of the new base pension or average monthly insured income. The portion of pension which does not exceed the amount of the base pension shall be indexed as the base pension whereas the remaining portion shall be indexed according to the ratio between newly approved and former average monthly insured income. If the unrecalculated pension exceeds or after the regular indexation begins to exceed LTL 500, it shall be paid in the amount of LTL 500 and shall not be further indexed and shall not be increased in any other way until the pension payable to that person under this law begins to exceed LTL
  64. NEWLY AWARDED PENSIONS Article
  65. Repealed on 1 January 2000 Article
  66. Periods Equated with the State Social Pension Insurance Period The following periods which existed prior to the entry into force of the Law on State Social Insurance shall be equated to a person’s state social pension insurance period acquired by him when the person was working under employment contract, on the basis of membership or service: 1) the entire length of service of workers and employees as well as length of work of collective farmers on collective farms and length of service of other persons specified in the Regulations for Granting and Payment of State Social Insurance Pensions, who had to be insured by state social insurance subject to the effective laws; 2) the period of creative activity of the members of writers' union, artists' union, composers' union, cinematographers' union, and the period of creative activity of other creative workers who were not members of the above mentioned creative unions, but who were united by appropriate professional committees of the above mentioned creative unions regardless of the payment of social insurance contributions; 3) length of service in militarised security organisations, in specialised communications institutions and specialised rescue units regardless of departmental subordination and special or military rank. The following periods which existed prior to the entry into force of this Law shall be equated with a person's state social pension insurance period acquired when the person was working under employment contract, on the basis of membership or service : 1) the period of payment of insurance contributions of persons who were insured by the State Social Insurance pursuant to Article 4 of the Law on State Social Insurance ; 2) the period of payment of insurance contributions of persons who have insured themselves on a voluntary basis at state social insurance agencies; 3) the length of sickness (temporary incapacity for work) allowance and maternity allowance payments to the insured (employees) persons; 4) the length of study at qualification improvement courses, the length of post-graduate studies, doctoral studies and in clinical experience (residency); 5) actual length of military, frontier and interior service (with the exception of service in fighter troops and battalions), excluding the length of service of conscripts in active military service; 6) the length of service of the State Security officers who have sworn to the Republic of Lithuania (have gone over to serve the Republic o Lithuania); 7) the actual imprisonment and deportation time of rehabilitated political prisoners and deportees , provided this period was not included according to subparagraph 1 hereof; 8) length of work of persons deported outside the borders of the former USSR for forced labour during World War II as well as the period of confinement in ghettos, concentration camps or other types of places of forced confinement during World War II. 9) actual time of the participants of armed resistance - volunteers, spent in the structures of fighters for freedom, if such period of time has not been included otherwise. The following periods which existed prior to the entry into force of this Law shall be equated to a self-employed person's state social pension insurance period: 1) for mothers -- the time of caring for and nursing a disabled child under the age of 16 at home ; 2) for family members -- the time of nursing the disabled of Group 1 at home; 3) length of service of conscripts in active military service; and 4) length of service of the clergymen of all traditional churches and religious organisations in Lithuania. The periods specified in this Article shall be included in the state social pension insurance period according to the procedure established by the Regulations for Granting and Payment of the State Social Insurance Pensions and only in the cases when a person does not receive other state pension for such periods. Article
  67. Income Equated with a Person's Insured Income The following income shall be included in the person's insured income over the period preceding the entry into force of the Law on State Social Insurance: 1) all types of payment for work on which the state social insurance contributions had to be charged in compliance with the effective rules; 2) all types of payment received by collective farm members for work on a collective farm; 3) author's royalty received by the persons specified in subparagraph 2 of paragraph 1 of Article 52 ; and 4) earnings of persons who served in militarised security system, special communications agencies and special rescue units. The following income shall be included in a person's insured income covering the period preceding the entry into force of this Law: 1) earnings and other income of persons insured under Article 4 of the Law on State Social Insurance on which obligatory state social insurance contributions were paid, as well as received sickness (temporary incapacity for work) and maternity (pregnancy and child-birth) allowances; 2) declared sums of insurance of persons who insured themselves with pension insurance on voluntary basis at state social insurance agencies; 3) the payment received by servicemen, officers of the interior and state security specified in Article 52; and 4) income of persons attending qualification improvement courses, of post-graduate students, persons who study for a doctor’s degree, clinical speciality (residents), established by the State for an appropriate category of recipients. Article
  68. Specific Features of the Calculation of the Rate of Insured Income In order to calculate annual rates of insured income before 1 January 1995, the calculated average monthly wages of the employees of public sector, public and private companies, announced by the Statistics Department shall be used instead of average monthly insured income. As from the coming into effect of this Law, the rate of the person’s insured income shall be calculated according to five successive most favourable calendar years of his state social pension insurance period, acquired when the person was working under employment contract, on the basis of membership or service, chosen by the person from the period between 1 January 1984 and 1 January 1994 and according to the total number of years included into state social pension insurance period when the person was working under employment contract, on the basis of membership or service after that date but not to exceed a total of 25 years. As from 1 January 2004 only four successive years chosen by the person as most favourable years from the period between 1984 and 1993 shall be taken into account when calculating the rate of insured income; from 1 January 2005 -- only three most favourable years and so on until 1 January 2008, when the person’s years of insurance, which existed up to 1 January 1994 shall not be taken into account for the calculation of the rate of insured income. The rate of person's insured income in accordance with insured income until 1 Januay 1994 and after that date shall be taken not higher than
  69. If for the time equated to the state social pension insurance period (paragraph 1 and 2 of Article 52) a person is unable to furnish data about the income equated to insured income (Article 53) because archival documents regarding the person's work in the republics of the former USSR or child-raising vacations until the child reached the age of three, are not preserved or are preserved only partially, the rate of person's insured income shall be calculated in accordance with minimum monthly wages of that time period. If all archival documents are preserved, however they do not contain information about the person's income during the time period equated to the state social pension insurance period before 1 June 1991, the rate of person's insured income shall be calculated considering the income of that time period to be zero. If a person does not have a state social pension insurance period of five successive most favourable calendar years, indicated in paragraph 2 of this Article, acquired when the person was working under employment contract, on the basis of membership or service, however, each year within five successive calendar years from 1 January 1984 till 1 January 1994 the person acquired a certain state social pension insurance period while working under employment contract, on the basis of membership or service, the rate of his insured income shall be calculated in accordance with five successive years of such period. If within the indicated time period a person acquired a five-year period during non-successive calendar years, the rate of his insured income shall be according to non-successive five years of the insurance period, following the calendar succession of the years. If within the indicated time period a person acquired the insurance period which is less than five years or did not have such period at all, the rate of his insured income shall be calculated in the manner prescribed in this paragraph, taking the years which are necessary for a five-year period from the previous period, counting backwards from the year 1983 to the year 1974 inclusive. Article
  70. Regulation of the Pensionable Age and the Insurance Period during the Transitional Period Until 1 January 1995 the pensionable age shall be 55 years for women and 60 years for men. Beginning with 1 January 1995 and with each subsequent year till 1 January 2001 the pensionable age shall be increased annually : for women-by four months per year, for men - two months per year. From 1 January 2001 and 1 January of each subsequent year the pensionable age shall be increased for women and men by six months per year, until it will reach the old age pension age established in Article 18 of this Law: 60 years for women and 62 years and six months for men. Until 1 January 1995 the obligatory state social pension insurance period for state social insurance old age pension requirement shall be 20 years for women and 25 years for men. Beginning with 1 January 1995 and in each subsequent year the obligatory insurance period shall be increased by one year per year for women and men and until it reaches 30 years for men and 25 years for women. Henceforth this period shall be increased by 1 year for women until it reaches 30 years. Article
  71. Compensations for Special Working Conditions Persons who prior to the entry into force of this law, did not have a state social insurance old age pension or retirement pension allotted, a Republic of Lithuania pension or a personal pension, or upon the coming into force of this Law - another established by legal acts compensatory payment for special working conditions and who have worked for the period of time specified in this Article and under the special conditions stated in this Article, shall be granted the right to receive monthly compensation payments. They shall be entitled to draw the state social insurance pension according to the general procedure established by this Law. For persons who prior to the entry into force of this Law were engaged in underground works, were working under hazardous conditions and in excessively hot work shops, specified in List No. 1 of productions, workshops, professions and occupations which was effective in Lithuania, as well as for persons who were engaged in other works under difficult conditions specified in List No. 2 : 1) for men who have been engaged in works specified in List No. 1 for at least 10 years and for women - for at least 7.5 years the compensation shall be paid for 10 years; 2) for men who have been engaged in the works specified in List No. 2 for at least 12.5 years and for women -- for at least 10 years the compensations shall be paid for 5 years. For flight personnel and flight-test personnel -- for men who served for 25 years according to the staff list of Flight personnel and flight-test personnel which was in effect prior to the entry into force of this Law , and for women who have worked according to this list for 20 years the compensation shall be paid for 10 years. For persons who prior to the coming into force of this Law have been engaged in the following works the compensation shall be paid for 5 years: 1) for persons who have worked for at least 15 calendar years in the regions of the Far North of the former USSR or for at least 20 years in the localities equated to them, according to the List of the Far North Regions and the Far North Localities, which was in effect prior to the entry into force of this law; 2) for women who for at least 20 years were engaged in works in textile industry enterprises, specified in the List of Textile Industries and Professions which was in effect in Lithuania; 3) for women who, for at least 15 years, have worked as tractor-drivers in agriculture, other branches of economy, as the drivers of construction, road building and auto-loaders according to the list of industries and professions which was in effect in Lithuania; 4) for actors whose length of service qualifies them to draw a retirement pension according to the Regulations for Granting and Payment of Retirement Pensions for Employees of Theatres and other Theatrical-Audience Institutions, which was effecitve before coming into force of this Law; 5) for men, civil aviation employees , who were engaged in air traffic control and had dispatchers certificate for at least 15 years, and for women -- for at least for 10 years; 6) for civil aviation engineering staff - technical workers who were engaged in the work according to the List of Occupations of Civil Aviation Engineering Staff - Technical Workers, which was effective prior to coming into force of this Law, for men - who worked for at least 20 years and for women -- for at least 15 years. For persons, who have worked for at least half of the time established in paragraphs 2-4 of this Article, entitling to receive a compensation for special working conditions, compensation shall be paid in proportion to the actual time worked. If not less than 10 years’ service under the conditions specified in this Article is required, not less than half of that time must have been worked during 1988-1994 in order to receive part of the compensation; if the required period of service is not to exceed 15 years, not less than half of that period must have been worked during 1986-1994; if a period of 20 years’ service is required, not less than half of that time must have been worked during 1983-1994; if a period of 25 years’ service is required, not less than half of this period must have been worked during 1980-1994; if a period of 30 years’ service is required, not less than half of this period must have been worked during 1978-
  72. If a person, for reasons specified in this law qualifies for several compensations, only the biggest compensation shall be paid. The amount of the monthly compensation payment is comprised of 150 percent of the state social insurance base pension. For persons who are specified in paragraph 3 and subparagraph 4 of paragraph 4 of this Article, the compensation may be paid in the fixed amount chosen by them, but not less than 50 percent and not more than 150 percent of the state social insurance base pension per month. For those persons, except those indicated in paragraph 3 and subparagraph 4 of paragraph 4 of this Article, who are entitled to receive either the full amount or a part of the compensation, the payment of the compensation shall commence as many months prior as there are left until they reach the age of old age pension established by this Law, and shall be paid until they reach the age of old age pension. For persons who are specified in paragraph 3 and subparagraph 4 of paragraph 4 of this Article and who are entitled to full compensation or its part, the compensation may be started to be paid earlier, if they no longer holds the position for which they were entitled to a compensation. Compensation shall be started to be paid from the date of their choice in accordance with their application submitted to a local division of the State Social Insurance Fund Board. In such case, the total number of monthly compensations to be paid must not exceed the number of monthly compensations due to that person. It shall be possible to apply for the granting and payment of compensation three months prior to the day on which a person becomes entitled to receive compensation, which is established in paragraph 8 of this Article, or at any other time following the day on which the person becomes entitled to receive compensation. If the persons who are entitled to compensation apply for grating of the compensation after the terms set for the beginning of compensation payment, established in paragraph 8 of this Article, compensation shall be paid to them from the day on which they become entitled to receive compensation, but for a period not exceeding 12 months preceding the day on which the documents related to the grating and payment of compensation are received at a territorial division of the State Social Insurance Fund Board. The conditions and procedure of payment of compensation for the persons who worked under special working conditions outside Lithuania shall be established by international agreements and treaties. The procedure of calculation and payment of compensations shall be established by the Government of the Republic of Lithuania. I promulgate this law passed by the Seimas of the Republic of Lithuania. President of the Republic Algirdas Brazauskas

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