Law REPUBLIC OF LITHUANIA LAW ON THE PRINCIPLES OF STATE SOCIAL SECURITY SYSTEM 23 October 1990 No.I-696 Vilnius (As amended by 21 May 1991 No. I-1339) This law shall legislate the principles of State Social Security. State Social Security system is the basis of State Social Welfare. Other public and private systems of social security, the functions of which shall be regulated by laws on the activities of such organisations and enterprises, may coexist with this system in the State. 1. GENERAL PROVISIONS Article 1 State Social Security shall be the system of socio-economic means established by the State which provides persons residing in the Republic of Lithuania who, for reasons established by law, are unable to subsist on their work or other income, or are insufficiently provided for with necessary finances and services. Article 21 State Social Security system shall provide for all of persons residing in the Republic of Lithuania. The citizens of the Republic of Lithuania (including those who are performing State service abroad), foreign citizens permanently residing in the Republic of Lithuania, and stateless persons shall enjoy equal social security rights, provided that the laws of the Republic of Lithuania and international agreements do not state otherwise. Citizens of the Republic of Lithuania permanently residing abroad shall have social security rights if it is provided for in an international agreement. Citizens of the Republic of Lithuania who are temporarily residing abroad shall have social security rights pursuant to the norms established in the Law on State Social Insurance. Article 3 In cases established by law, State Social Security shall apply to:
- a)persons who are of a pension able age and persons who, as a result of their age, cannot work in their profession;
- b)invalids and sick persons temporarily incapable of work;
- c)families who lose their bread-winner;
- d)persons who must undergo medical treatment, medical prevention, or rehabilitation;
- e)families with children;
- f)persons who are temporarily unemployed;
- g)persons for whom State support is indispensable. Article 4 State Social Security system shall consist of:
- a)compulsory (State) Social Insurance; and
- b)social assistance and social support from State funds. Article 5 Persons residing in the Republic of Lithuania who have either partly or completely lost their income from work shall be provided with State Social Insurance if they are employed, were insured (employed) during the period established by law, or in other cases provided by law. State Social Insurance shall be regulated by the Law on State Social Insurance, the Law on Pensions, the Law on Employment, and by other laws. Article 6 By State Social Insurance shall be insured:
- a)persons working under employment contract;
- b)self-employed persons ( members of farmers' farms, persons of free professions, and other persons specified by law) as well as owners of private enterprises with the status of natural persons (co owners - members). The insurers shall be the employers and the insured themselves. Article 7 Social assistance from State funds shall apply when implementing demographic, defence or other State policy, it is necessary to ensure or improve the security of certain population groups. Social assistance from State funds shall be regulated by the Law on Individual Income Security, the Law on Employment, the Law on Pensions, and by other laws. Article 8 The standard of social security established by the State may not be lower than the minimum standard of living if the law does not provide otherwise. 2. FUNDS OF STATE SOCIAL SECURITY SYSTEM Article 9 The State Social Insurance of the Republic of Lithuania shall function as independent part of the system of finances and credit, the basis of which shall be the Social Insurance budget of the Republic of Lithuania. The budget of social insurance of the Republic of Lithuania is independent and is included in neither the State Budget of the Republic of Lithuania nor local government budgets. Article 10 Rates of contributions of State Social Insurance shall be established by the Government of the Republic of Lithuania. Rates of portions of compulsory State Social Insurance contributions paid from the earnings-related income of the insured themselves shall be established by the Supreme Council of the Republic of Lithuania (amended 21 May 1991). Article 11 Payments provided for in the Law on State Social Insurance shall be paid from the budget of the Social Insurance of the Republic of Lithuania. Article 12 The following social security measures shall be implemented from State Social Insurance budget:
- a)pensions and benefits shall be paid to servicemen and persons equalled to them, war and military service invalids and their family members according to the laws of the Republic of Lithuania and international agreements;
- b)social pensions as well as pensions shall be paid to persons which have not been insured by State Social Insurance or were insured for the period shorter than that provided for in the Law on Pensions, as well as other benefits provided by laws shall be paid. Article 13 Social assistance and support shall be provided from the local government budgets of the Republic of Lithuania from which:
- a)family allowances shall be paid; and
- b)means of social care and assistance as well as measures of local significance for eliminating unemployment provided for in the Law on Employment shall be financed. Article 14 Depending on their subordination, institutions of social care (boarding homes) shall be maintained from the State Budget or local government budgets. Article 15 Benefits of fixed amount provided for in the laws of social security shall be re-evaluated according to the procedure established by the Law on Individual Income Security. 3. SOCIAL SECURITY INSTITUTIONS AND THEIR FUNCTIONS Article 16 The Ministry of Social Security shall form and implement the State social policy, interpret laws on social security, perform other functions provided for in the regulations of the Ministry, as well as shall be responsible for the functioning of the social security system. Article 17 The Ministry of Social Security and social insurance institutions authorized in the manner established by the Government, as well as social insurance institutions functioning under local governments, shall implement measures provided for in the Law on State Social Insurance and, at the behest of the Government, shall administer and pay benefits under Article 12 of this Law. Article 18 Local governments shall perform functions of social assistance, shall resolve issues concerning social benefits and services provided for persons in need, shall organize the implementation of measures provided for in Articles 13 and 14. Local governments may establish additional privileges from their funds to persons in need of assistance. Article 19 The insurers shall implement measures of social insurance delegated to them by State Social Insurance institution according to the procedure established by law. Article 20 Disputes arising from the relationship of social security shall be settled according to the procedure established by law. BRONISLOVAS KUZMICKAS Vice President Supreme Council Republic of Lithuania