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REPUBLIC OF LITHUANIA

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REPUBLIC OF LITHUANIA REPUBLIC OF LITHUANIA LAW ON STATE SOCIAL INSURANCE PENSIONS CHAPTER 1 GENERAL PROVISIONS Persons Article 1. The Right to State Social Insurance Pension Permanent residents of th

Article 2

) 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

  1. The Source of the Payment of SSI Pensions State social insurance pensions shall be paid from the budget of the state social insurance of the Republic of Lithuania. Insurance Period Article
  2. Person's Period of State Social Pension Insurance Insured person's period of SSPI comprises a person's SSPI period acquired when the person was working under employment contract or on the basis of membership or service and the person's SSPI period acquired when the person was self-employed. The period of SSPI when the person was working under employment contract or on the basis of membership or service shall be acquired by the persons specified in items 1-4 of Par.

Article 2

. It shall comprise: 1) the period during which these persons pay by themselves state social insurance pension contributions established by law or the contributions are paid for them; 2) the period during which these persons receive SSI 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. Self-employed persons shall acquire SSPI period who are specified in items 5-7 of Par.

Article 2

. The period of SSPI shall comprise the time during which these persons pay compulsory state social insurance pension contributions established by law or during which such contributions have been paid for them. Article

  1. Computation of the SSPI Period for Persons who have been Employed under Employment Contract or on the Basis of Membership or Service If wages and other income of a person for whom the period of SSPI is being calculated when working under employment contract or on the basis of membership or service resulting from which the compulsory SSPI contributions have been paid, are not less than the sum of minimum wages per all months in a calendar year, then the entire calendar year is included to the period of SSPI. In a contrary case the period of SSPI 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 SSPI obtained when working under employment contract, or on the basis of membership or service if wages and other income on which compulsory SSPI contributions have been paid are not lower than the sum of minimum wages per all these months. In a contrary case the period of SSPI in a year of retirement shall be considered to be proportionally lower. Article
  2. Calculation of the SSPI Period for Self-employed Persons The period of SSPI in a calendar year of the person for whom SSPI period is being calculated shall comprise the number of months for which he has paid the established premium of SSIP or such contributions have been paid for him. Article
  3. Calculation of SSPI Period The person's period of SSPI shall be calculated by summing up said person's period of SSPI of each year acquired while working under employment contract on the basis of membership or service and the SSPI period obtained during self-employment. Only one year of the period of SSPI may be included in one calendar year. The period of SSPI 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
  4. The Amount of the Basic State Social Insurance Pension The amount of SSI basic pension may not be less than 110% of the minimum level of living (MLL). The amount of SSI basic pension shall be approved by the Government of the Republic of Lithuania on the proposal of the State Social Insurance Council. Article
  5. The Person's Insured Income All income of persons specified in items 1-4 of Par.

Article 2

, on which SSIP contributions have been paid, as well as SSI sickness benefits (temporary incapacity for work), maternity allowances and unemployment benefits received, shall be considered as the insured income. Article 14. Average Monthly Insured Income Average monthly insured income shall be the average insured income of all insured persons specified in items 1-4 of Par.

Article 2, allotted to one insured person.

Average monthly insured income shall be calculated according to the income on which SSI pension contributions have been paid into the State Social Insurance 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 according to the quarterly data shall be approved by the State Social Insurance Council no less frequently than each quarter according to the State Social Insurance 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

  1. Calculation of the Annual Rate of Insured Income The rate of insured income of the insured person shall be calculated by dividing insured income per a calendar year by the number of months included in the SSPI 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. Article
  2. 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 SSPI after 1 January 1994 chosen by a 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 SSPI accumulated while working under employment contract or on the basis of membership or service is less than the number of years specified in Par.

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 insured monthly wage. 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 17. The Right to Draw SSI Old Age Pension A person shall be entitled to draw SSI old age pension if he meets the following requirements: 1) reaches the pensionable age established by this Law; 2) has the minimum SSPI period established for the old age pension; 3) has no less than 3 years of SSPI period within the last 5 years or has one year of SSPI period within the last one year, or has no less than 35 years of SSIP period. The clause of item 3 of Par.

this Article shall not apply to officers and servicemen (items 2 - 4 Par.1 Article 2) who are in retirement and are eligible to draw state pension of officers and servicemen. The person must meet the requirements set forth in items 2 and 3 of Par.

this Article on the day he reaches pensionable age or on the day he applies for pension upon reaching pensionable age. Article

  1. Old Age Pension Age As from 1 January 2009 the pensionable age shall be 60 years for women and 62 years and 6 months for men. (As amended 21 December 1994) Article
  2. Minimum and Obligatory Insurance Period for the Old Age Pension The minimum state social insurance period for SSI old age pensions is 15 years. The obligatory state social insurance period for SSI old age pension shall be 30 years from 1 January 1999 for men and as from 1 January 2004 for women. The procedure for the enforcement of this Article shall be established by Article 55 of this Law. Article
  3. The Amount of the Basic Part of SSI Old Age Pension The basic part of the SSI old age pension shall be equal to the basic pension when the person has the obligatory state social insurance period for the old age pension. If the person has not the obligatory state social insurance period but has the minimum state social insurance period for old age pension, the basic part of the SSI old age pension is calculated in proportion to the person's insurance period by multiplying the basic pension and the available person's period and dividing by the obligatory insurance period. Article
  4. Amount of the Supplementary Part of SSI Old Age Pension The supplementary part of the SSI old age pension is calculated for persons who are eligible to draw SSI old age pension and who have the state social insurance period acquired while working under employment contract or on the basis of membership or service according to the formula 0.005 x S x K x D where : S - stands for the person's state social 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
  5. Reduction of the Pensionable Age and Obligatory State Social Insurance Period for Persons Suffering from Hypophysealis Nanosomya For persons who suffer from hypophysealis nanosomya old age pension 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
  6. Payment of the Old Age Pension to Pensioners with Insured Income Pensioners who are 65 years of age and over shall be paid full SSI old age pension established by this Law, irrespective of their income. Pensioners who are under 65 years of age and have the obligatory state social pension insurance period and the insured income of which does not exceed 1.5 minimum monthly salary shall be paid full SSI old age pension. If their insured income exceeds 1.5 minimum monthly salary, they shall be paid only the basic part of the SSI old age pension. (Amended 21 December 1994) Pensioners who are not specified in Par.1 and 2 of this Article and having insured income state social insurance old age pension shall not be payable. For the persons who suffer from hypophysealis nanosomya, the provisions of this Article shall be applied by reducing age and obligatory insurance period requirements according to Article
  7. Article
  8. Increase of the Old Age Pension due to the Deferred Application If at a certain time the person becomes eligible to draw the 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. If the right to draw state social insurance old age pension was once acquired, upon deferment of the application the requirement set forth in item 3 of Par.

Article 17shall not be applicable in awarding the pension.

The State Social Insurance Council may establish greater percentage of the increase of pension due to the deferred application. CHAPTER 3 STATE SOCIAL INSURANCE DISABILITY PENSIONS Article

  1. The Concept of Disability Disability 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
  2. Groups of Disability Depending on the degree of the incapacity for work, three disability groups shall be established for the purpose of calculating pensions. Disability groups, causes, time of occurrence and duration thereof shall be established by the State Social Examination Commissions (SSEC), functioning pursuant to their regulations approved by the Government of the Republic of Lithuania. The State Social Insurance Board shall be entitled to dispute the correctness of the determination of disability degree of a person who is eligible to draw state social insurance disability pension. Article
  3. The Right to State Social Insurance Disability Pension A disabled person shall acquire the right to draw state social insurance disability pension if on the day the disability has been determined he meets the following requirements: 1) has the minimum state social pension insurance period necessary for disability pension; 2) has been insured by state social pension insurance for at least one year over the past five years or reaches the state social pension insurance period which is equal to at least 75 percent of the difference between his age and 23 years. The person for whom a group of graver disability is determined than the disability group that he had previously been in, he shall become eligible to draw state social insurance disability pension if he did not have the right to draw such pension under the conditions set forth in Par.2 of this Article. The person for whom disability or a group of graver disability is determined and who does not meet the requirements set forth in Par.

this Article, shall acquire the right to draw state social insurance disability pension when at the moment he applies for pension he has the state social pension insurance period which is at least 75 percent of the difference between his age and 23 years but is at least 3 years. The requirement of item 2 of Par.

this Article shall not apply to officers and servicemen (items 2-4 of Par.

Article 2

) who are in retirement and have acquired the right to draw state pension of officers and servicemen. Article 28. Minimum and Obligatory Insurance Period for Disability Pension The persons who are under 23 and for whom disability or the group of graver disability is assessed during the state social pension insurance period, shall become entitled to draw state social insurance disability pension deeming that they meet the requirements of minimum and obligatory insurance period established for disability pension and by not applying to them the requirements set forth in items 1 and 2 of Par.

Article 27

. For other persons the following minimum state social pension insurance period for disability 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 period for the disability 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 the old-age pension. Article

  1. Amount of the State Social Insurance Disability Pension SSI disability pension for Group 1 and 2 disabled persons entitled to receive this pension shall be calculated by adding up the basic and supplementary parts of disability pension. The basic part of disability pension shall be equal to the base pension if the person has the obligatory state social pension insurance period necessary for disability pension. If the person does not have the required obligatory insurance period, the basic part of his disability pension shall be calculated by multiplying the base pension and the accumulated insurance period and by dividing it from the obligatory insurance period. The supplementary part of disability pension shall be calculated for persons who have the state social 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 the 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 SSPI period for disability 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 the obligatory insurance period required for disability pension. The SSI disability 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
  2. Supplement to Disability Pension The supplement in the amount of 50 percent of the state social insurance basic pension shall be established for the disabled of Group 1 for their nursing . Article
  3. Disability Caused by Occupational Injury or Occupational Disease In the event of disability due to occupational injury or occupational disease the pension insurance shall be regulated by the Law on the Compulsory State Work Injuries Insurance . Article
  4. The Payment of Pensions to the Disabled with Insured Income The disabled who are of the established pensionable age (Articles 18 and 55) and over shall be paid the full state social insurance disability pension awarded to them irrespective of their income. The disabled who have insured income and have not reached the pensionable age established by this Law shall be paid disability pension only provided they have the obligatory insurance period required for the disability pension. This pension shall be paid to: 1) the disabled of Group 1_the full granted disability pension (excluding the supplement for nursing) irrespective of the insured income; 2) the disabled of Group 2 and 3 _ the full basic part of the disability pension and 50 percent of the supplementary part and to those who have insured income which does not exceed 1.5 minimum monthly salary _ the full state social insurance disability pension. (Amended 21 December 1994) CHAPTER 4 STATE SOCIAL INSURANCE PENSIONS TO SURVIVING SPOUSES AND ORPHANS Article 33.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 pension of a surviving spouse or orphan if the deceased was entitled to state social insurance disability pension under this Law (if he/she was disabled) or old age pension or was drawing such a pension. Article
  5. Persons Entitled to Receive Survivor's Pension State social insurance survivor's pension shall be payable to the following persons: widow or widower who takes care of the deceased person's children or adopted children who qualify for an orphan's pension; widow or widower for whom at the time of the death of his/her spouse five years are left until the pensionable age or who is older or recognised as disabled; the actual spouse, if there are children of the marriage with the deceased, who may be awarded orphan's pension, supports them and if there is no spouse of the deceased to whom surviving spouse's pension may be awarded. If there are no persons specified in Par.

this Article, the survivor's pension shall be awarded to one of the parents of the deceased, supporting the children or adopted children of the deceased, who qualify for the orphan's pension. In the event of remarriage the survivor's pension shall be discontinued. Article

  1. 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, as well as to older children if they became disabled before reaching the age of
  2. Step children 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 the 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 turn
  3. The children of the deceased, who qualify for orphans' pension shall also retain this right when someone adopts them. Article
  4. The Rate of Survivor's and Orphan's Pensions The SSI survivor's and orphan's pension shall be calculated in the same manner as the disability 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) _ 50 percent of its amount; 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 50 percent of the total calculated amount. If there are no persons qualifying for survivor's pension, each orphan shall be awarded 25 percent of the calculated pension but no more than 100 percent of the amount of this pension. Upon the death of an old age or disability pensioner, the SSI survivor's and orphan's pension shall be calculated according to the old age or disability pension of the deceased in the manner provided for in Par.

this Article without applying the reduction of a disability pension for the disabled of Group 3 (Par.4 of Article 29) and without including in the amount of pension Group 1 disability pension supplement. Article 37.Calculation of Pension for Children who have Lost both Parents For children (Article 35) who have lost both their parents the amount of SSI 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

  1. Granting of State Social Insurance Pensions SSI pensions shall be awarded and paid by a local department of the State Social Insurance Board according to this Law and the rules and regulations for the granting and payment of SSI pensions approved by the Government of the Republic of Lithuania. Applications for pensions may be filed three months before the person becomes entitled to draw SSI old age pension or at any other date after the occurrence of the right to draw SSI pension. When applying for a pension all the necessary documents specified in the Regulations for the Granting and Payment of SSI Pensions must be submitted. A local department of the State Social Insurance 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 SSI Pensions and must inform the applicant thereon. If the granting of a pension is refused, the reasons for refusal must be stated. Article
  2. Time Limitations for the Granting and Payment of Pension SSI 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 State Social Insurance Department. In the event of deferred application for SSI old age pension, the pension shall be paid according to the procedure established by Article 24 of this Law. SSI pensions shall be awarded for life or for the period during which recipient retains the right to draw this pension under this Law. The State Social Insurance Department that pays the pension must notify the pensioner of the discontinuance in advance of the date the payment of pension is discontinued. 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 valid reasons 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 but 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
  3. Recalculation of Pension If a person who has been awarded SSI old age pension accrues an additional, but at least three-year SSP insurance period while working under employment contract, or on the basis of membership or service, at his request the pension may be recalculated according to the new data from the moment of the filing of the application. When the pension is being recalculated, the requirements set forth in Article 17 shall not be applicable. If a more severe disability Group is assessed for the person, at his request SSI disability pension shall be recalculated according to the new data or shall be paid according to the former insurance period and earned income, by increasing it twofold (if Group 2 is decided upon instead of Group 3) or by commencing to pay the supplement for nursing (if Group 1 is decided upon instead of Group 2). If a milder disability group is decided upon, SSI disability pension (if it has been awarded earlier) shall not be re-calculated, and the former pension shall be paid but without the supplement for nursing (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
  4. 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 SSP insurance period required for drawing a respective pension (this amendment shall become effective as of 1 January 1998) working in enterprises, offices and organizations located in Lithuania; 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
  5. Overpayment or Underpayment of Pension The sum of the SSI pension not received when due through the fault of the office 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 SSI Pensions. The recipient of a pension must notify the regional department of the State Social Insurance 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 office which pays said pension. Article
  6. Appeals against the Decisions of SSI Offices Decisions of the regional departments of the State Social Insurance Board concerning the persons' right to draw a pension may be appealed against to the State Social Insurance 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 SSI Pensions. The decisions of the State Social Insurance Board and its offices may be brought before the court. CHAPTER 6 PROCEDURE FOR THE ENFORCEMENT OF THE LAW Article
  7. The Date of the Enforcement of the Law The Law shall become effective as of 1 January
  8. The award and payment of pensions in the event of disability due to occupational injury or occupational disease (Article 31) shall be regulated by the Regulations for Granting and Payment of SSI Pensions until the Law on compulsory state insurance against accidents at work is adopted and comes into effect. (Amended 21 December 1994) Procedure for the Payment of Pensions Article
  9. Recalculation of Pensions Awarded prior to the Coming into Effect of this Law For persons who have been awarded SSI old age pension and disability pension prior to the coming into effect of this Law, pensions shall be re-calculated in pursuance of this Law on the basis of data concerning earned income and the insurance period recorded in the personal file (Article 47). If pensioners so request, they may update the data concerning state social pension insurance period or other period equated to it, recorded in the file. The data concerning earned income recorded in the file may be updated prior to the expiry of the time limit established by this Law for the recalculation of pensions according to the procedure established by the Regulations for Granting and Payment of State Social Insurance Pensions. (Amended 21 December 1994) At the request of persons for whom SSI 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. Under this Law SSI survivors' pensions shall be awarded only to persons who have died after this Law came into effect. Survivors' pensions that have been awarded prior to the coming into effect of this Law shall not be subject to recalculation. For persons who died prior to the coming into effect of this Law, survivor's pensions shall be awarded in accordance with the procedure established by the Regulations for Granting and Payment of SSI Pensions. (Amended 21 December 1994). Retirement pension shall be recalculated into SSI old age or disability 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 recalculation of pensions of the officers of the internal affairs, national defense, State security and of prosecutors office and of servicemen shall be established by the Law on State Pensions of the Officers of Internal Affairs, State Security, National Defense and Prosecutor's Office and of Servicemen. (Amended 21 December 1994) Regional departments of the State Social Insurance 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
  10. The Basic Part of the Recalculated Pension The basic part of the recalculated SSI old age and disability pension shall be deemed equal to the SSI basic pension, if earlier a person was granted the full corresponding pension. In the event a person was granted a partial pension, the part of the base pension derived by multiplying the amount of the base pension by the insurance period required for granting the full pension at the time of the granting of pension and by dividing by the certified insurance period recorded in the pension file will be considered as the basic part of the recalculated pension. (Amended 21 December 1994) Article
  11. 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 this Law, 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 persons specified in Article 4 of State Social Insurance Law, who have been paying fixed state social insurance contributions. When recalculating a disability pension the period specified in item 2 of Par.3 of Article 29 shall be included into the insurance period. Article
  12. 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 a person's earned income prior to 1 January 1991 data, this average shall be divided by the national monthly wage average of a respective period ; if the pension has been awarded on the basis of the person's wage after 1 January 1991 data, monthly wages recorded in the file shall be divided by the national monthly wage average of the month of that year, and the average of the calculated quotients shall be considered as the rate of the insured income. In this case average monthly wage before 1 January 1991 shall be considered to be equal to an average monthly wage of that year in Lithuania. Article
  13. 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. If the person whose pension is subject to recalculation, is entitled to receive a pension of a person who suffered losses or injuries under the Law of State Pensions, this pension shall be awarded to him together with the recalculated SSI pension. If the sum of both pensions is less than the pension received previously then the former pension shall further be paid by indexing it according to the procedure established in Article 50 of this Law. In the event a higher disability group is established for a person who has been paid unrecalculated disability pension according to the lower Group of disability, at the request of this person: 1) disability pension shall be granted according to the new disability group and new insurance period and insured income data without applying the requirements specified in item 2 of Par.

Article 27

; 2) disability pension shall be granted according to the new disability group and according to the insurance period and income data at the moment of the coming into effect of this Law; 3) unrecalculated disability pension shall further be paid according to the previous disability group, by indexing it in accordance with the procedure established in Article 50 of this Law. If a lower disability group is determined for a person who has been paid unrecalculated disability pension according to the higher disability group, at the request of this person: 1) disability pension shall be awarded according to the new disability group and new insurance period and insured income data without applying the requirements set forth in item 2 of Par.

Article 27

; 2) disability pension shall be awarded in accordance with the procedure established in Par.2 of Article 40 of this Law according to the new disability 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 disability pension according to the former disability group whereas the disabled of Group 3 shall be further paid 50 percent of the unrecalculated disability pension according to the former disability group by indexing it in accordance with the procedure established in Article

  1. (Amended 21 December 1994) 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 500 litas, it shall be paid in the amount of 500 litas 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 500 litas. The amount of the recalculated pension or which has been newly awarded under this Law shall not be limited. NEWLY AWARDED PENSIONS Article
  2. Entry into Force of the Condition under which a Pension shall be Payable The condition provided for in item 3 of Par.

Article 17

under which a person becomes eligible to draw the SSI old age pension and the condition provided for in item 2 of Par.

Article 27

under which a person becomes eligible to draw the SSI disability pension shall become effective after the lapse of five years (Amended 21 December 1994) from the date of entry into force of this Law. Article

  1. 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 SSP 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 the 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, theatre union, and the period of creative activity of the other persons of free professions who were not members of creative unions but who were united by appropriate professional committees regardless of the payment of social insurance contributions; 3) length of service in militarized security organizations, in specialized communications agencies and specialized rescue units regardless of jurisdiction 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 SSP 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 offices; 3) the length of sickness (temporary incapacity for work) allowance and maternity allowance payments to the insured (employees) persons; 4) length of study at qualification improvement courses, the length of post-graduate studies and post graduate studies for a doctoral degree and in clinical experience (residency); 5) actual length of military, frontier and interior service (with the exception of service in fighter battalions), excluding the length of service of conscripts in national service. The periods specified in this item shall be included in the insurance period only provided the person does not get for them any other pension; 6) the length of service of the State Security officers who have sworn to the Republic of Lithuania ; 7) the actual imprisonment and deportation time of rehabilitated political prisoners and deportees (for child deportees - from the 14 years of age), provided this period was not included according to item 1 hereof; 8) length of work of persons deported for forced labour during the II World War as well as the period of confinement in ghettos and other places of confinement during the II World War (for children - from the 14 years of age). The following periods which existed prior to the entry into force of this Law shall be equated with a self-employed person's SSP 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 national defense ; and 4) length of service of clergymen of all traditional churches and religious organisations in Lithuania. (Amended 21 December 1994) The periods specified in this Article shall be included in the SSP insurance period according to the procedure established by the Regulations for Granting and Payment of the State Social Insurance Pensions. Article
  2. 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 Law on State Social Insurance: 1) all types of payment for work on which the SSI contributions had to be charged in compliance with the effective regulations; 2) all types of payment received by collective farm members for work on a collective farm; 3) author's royalty received by persons specified in item 2 of Par.

Article 52

; and 4) earnings of persons who served in militarized 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 offices; 3) the payment received by servicemen, officers of the interior and state security specified in Article 52 of this Law; and 4) income of persons attending qualification improvement courses, of post-graduate students, persons who study for a doctor's degree, clinical specialty (residents), established by the State for certain categories of recipients. Article

  1. Calculation Peculiarities of the Rate of the Insured Income Until 1 January 1995, instead of average monthly insured income the calculated average monthly wages of the employees of public sector, public and private companies, announced by the Statistics Department shall be used for the calculation of the annual rate of the 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 SSP 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 SSP 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. For a period equated with SSP insurance period (Article 52) during which the person had no insured income, the rate of the person's insured income shall be calculated according to the minimum monthly wage of that period. If there is no insured income or if it is impossible to determine it for five successive years prior to 1 January 1994, the rate of the person's insured income may be calculated according to the available data on insured income for non- successive five years or for the period preceding the period between 1984 and
  2. Decision concerning such calculation shall be passed by the head of the State Social Insurance office which awards the pension. Article
  3. 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 the pensionable age shall be increased annually : for women - by four months per year, for men - two months per year. From 1 January 2009 the pensionable age requirement shall be 60 years for women and 62 years, six months for men.(Amended 21 December 1994) Until 1 January 1995 the obligatory SSP insurance period for SSI 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 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
  4. Compensations for Special Working Conditions Persons who prior to the entry into force of this Law, did not have a SSI old age pension allotted, 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 SSI pension according to the general procedure established by this Law. (Amended 21 December 1994) The persons who, prior to the entry into force of this Law, have been working under special conditions shall be entitled to non-recurrent lump sum compensations. They shall be entitled to draw the SSI pension according to the general procedure established by this Law. For persons who prior to the entry into force of this Law have been engaged in underground works, have been working under hazardous conditions and in excessively hot work shops, specified in List No.

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 according to the staff list of Flight personnel and flight- test personnel which was in effect for 25 years 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 25 years in the regions of the Far North of the former USSR or for at least 20 years in the localities equated with them, according to the List of Localities 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 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 Persons who Worked in Age- Sensitive occupations; 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 who were engaged in the work according to the List of Occupations of Civil Aviation Engineering Staff, 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 Par. 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 is required in order to meet the conditions for receiving compensation as indicated in this Article, 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 1978-1994. (Amended 21 December 1994) 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 SSI basic pension.(Amended 21 December 1994) For those persons who are entitled to receive either the full amount or a part of the compensation, such payments are to commence at the time when the number of months preceding their old age pension age, as prescribed by this Law, shall equal the number of months for which they are entitled to receive compensation. (Amended 21 December 1994). Persons, entitled to compensation, must contact their local SSI Fund administration departments, over a two-year period commencing from the coming into effect of this Law. (Amended 21 December 1994) The procedure and terms for payment of compensations shall be established by the Government of the Republic of Lithuania. (Amended 21 December 1994) I promulgate this Law passed by the Seimas of the Republic of Lithuania. Algirdas Brazauskas President of the Republic Vilnius 18 July 1994 No. I-549

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