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LIETUVOS RESPUBLIKOS

LIETUVOS RESPUBLIKOS OFFICIAL TRANSLATION REPUBLIC OF LITHUANIA LAW ON the EARLY Payment of State Social Insurance OLD-AGE Pensions 18 November 2003 No IX-1828 (As last amended on 19 May 2005 – No X-208) Vilnius CHAPTER I GENERAL PROVISIONS Article

  1. Purpose of the Law This Law shall regulate the early awarding of state social insurance old-age pensions (hereinafter referred to as the “early old-age pension”), calculation of the amount and payment thereof. Article
  2. Entitlement to the Early Old-Age Pension The persons permanently residing in the Republic of Lithuania and fulfilling the conditions specified in Article 3 of this Law for the awarding of the early old-age pension shall be entitled to the early old-age pension, unless international treaties of the Republic of Lithuania specify otherwise. Article
  3. Conditions of the Awarding of the Early Old-Age Pension
  4. The early old-age pension shall be awarded to a person who, on the day of application for the early old-age pension, fulfils all of the following conditions: Version of subparagraph 1 of paragraph 1 before 1 July 2005: 1) not more than 5 years are left until attaining the old-age retirement age specified in paragraph 1 of Article 18 of the Law on State Social Insurance Pensions; Version of subparagraph 1 of paragraph 1 after 1 July 2005: 1) not more than 5 years are left until attaining the old-age retirement age specified in paragraph 1 of Article 21 of the Law on State Social Insurance Pensions; 2) has the period of state social pension insurance of at least 30 years, with the exception of the persons indicated in paragraph 2 of this Article; 3) over the past 12 months prior to application for the early old-age pension has been, in accordance with the procedure laid down by laws, registered as unemployed at a local labour exchange office of the Lithuanian Labour Exchange, with the exception of the persons indicated in paragraph 3 of this Law; Version of subparagraph 4 of paragraph 1before 1 July 2005: 4) does not receive other state social insurance, state, social assistance pensions (with the exception of the social assistance pensions paid in the cases specified by laws to the persons nursing invalids at home), a foreign state’s pensions, permanent pension-type benefits for the person’s nature of work (signatory’s state annuity, annuity of artists, compensations for special working conditions, etc.) as are paid from the state budget or from the budget of the State Social Insurance Fund, the pension benefits received in any manner specified in the Law on the Accumulation of Pensions and the Law on the Supplementary Voluntary Accumulation of Pensions, work incapacity periodical compensation, relief compensation or unemployment social insurance benefit (hereinafter in this Law referred to as “pensions and benefits”); Version of subparagraph 4 of paragraph 1 after 1 July 2005: 4) does not receive other state social insurance, state, social assistance pensions (with the exception of the social assistance pensions paid in the cases specified by laws to the persons nursing invalids at home), a foreign state’s pensions, permanent pension-type benefits for the person’s nature of work (signatory’s state annuity, annuity of artists or compensatory benefit for the creative workers of theatres and concert agencies, compensations for special working conditions, etc.) as are paid from the state budget or from the budget of the State Social Insurance Fund, the pension benefits received in any manner specified in the Law on the Accumulation of Pensions and the Law on the Supplementary Voluntary Accumulation of Pensions, work incapacity periodical compensation, relief compensation or unemployment social insurance benefit or pre-pension unemployment benefit (hereinafter in this Law referred to as “pensions and benefits”); 5) is not among the persons listed in subparagraphs 1-6 and 8-9 of paragraph 1 of Article 2 of the Law on State Social Insurance Pensions and is not a farmer or partner thereof under the Law on the Farmer’s Farm; 6) fulfils other conditions specified by the Law on State Social Insurance Pensions to receive the old-age pension, with the exception of the requirement of old-age retirement age. Version of paragraph 2 before 1 July 2005:
  5. The mothers who have given birth to and have raised until the age of 8 five and more children as well as the persons who have nursed at home for at least 15 years invalid children (adopted children) or the children (adopted children) rated as Group I or Group II invalids since childhood or having become Group I or Group II invalids before 18 years of age or totally disabled persons may be awarded the early old-age pension, provided they fulfil the conditions listed in subparagraphs 1, 3-6 of paragraph 1 of this Article, also where on the day of application for the early old-age pension these persons have the period of state social pension insurance of at least 15 years. Version of paragraph 2 after 1 July 2005:
  6. The mothers who have given birth to and have raised until the age of 8 five and more children and the fathers (adoptive fathers) who have nursed at home their disabled (invalid) children (adopted children) for at least 15 years regardless of the disability level of the children (adopted children) or their children (adopted children) rated as having lost 60% and more of their capacity for work (before 1 April 2004 – Group I or Group II invalids since childhood or before 1 July 2005 – having becoming Group I or Group II invalids before 18 years of age), where these children (adopted children) were rated as disabled (before 1 July 2005 – invalids) before 18 years of age, as well as the persons who have nursed at home for at least 15 years the disabled rated as requiring permanent special nursing care (totally disabled persons) may be awarded the early old-age pension, provided they fulfil the conditions listed in subparagraphs 1, 3-6 of paragraph 1 of this Article, also where on the day of application for the early old-age pension these persons have the period of state social pension insurance of at least 15 years.
  7. A person who was rated as incapable of work before application for the awarding of the early old-age pension in accordance with the procedure laid down by legal acts and fulfils the conditions listed in subparagraphs 1, 2 and 4-6 of paragraph 1 of this Article shall be awarded the early old-age pension where he has been registered, in accordance with the procedure laid down by laws, as unemployed uninterruptedly for the past 12 months at a local labour exchange office of the Lithuanian Labour Exchange until rated as incapable of work and where he, upon becoming capable of work, has registered again and is registered as unemployed until the day of application for the early old-age pension. Article
  8. Terms of the Awarding and Payment of the Early Old-Age Pension
  9. The early old-age pension shall be awarded and paid of the day on which a person who is entitled to this person applied for awarding thereof.
  10. The payment of the early old-age pension shall be discontinued: 1) where a person attains old-age retirement age – of the day of attaining of old-age retirement age; 2) in the event of the awarding of another pension or benefit to a person (subparagraph 4 of paragraph 1 of Article 3 of this Law) – of the day of the awarding of another pension or benefit; 3) where a person moves for permanent residence abroad, unless international treaties of the Republic of Lithuania specify otherwise – of the first day of the month following the month when the person moved for permanent residence abroad. Article
  11. Suspension and Renewal of the Payment of the Early Old-Age Pension
  13. The payment of the awarded early old-age pension shall be suspended and it shall not be paid where a recipient of this pension becomes a person indicated in subparagraphs 1-6 and 8-9 of paragraph 1 of Article 2 of the Law on State Social Insurance Pensions as well as a farmer or partner thereof under the Law on the Farmer’s Farm.
  14. Where the payment of the early old-age pension has been suspended according to paragraph 1 of this Article, the payment of the early old-age pension awarded previously may be renewed (paragraphs 3 and 5 of this Article) or this pension may be awarded anew (paragraphs 4 and 5 of this Article) where on the day of application for the renewal of the payment or for the awarding anew of the early old-age pension, a person is registered at a local labour exchange office of the Lithuanian Labour Exchange in accordance with the established procedure.
  15. Where less than 12 months have lapsed of the suspension of the payment of the early old-age pension, the payment of the early old-age pension awarded previously (reduced by the same portion as at the moment of the awarding of the pension) shall be renewed.
  16. Where more than 12 months have lapsed since the suspension of the payment of the early old-age pension until application for the renewal of the payment thereof, the payment of the early old-age pension awarded previously shall not be renewed, and this pension shall be awarded anew and calculated in accordance with the procedure laid down in paragraph 2 of Article 6 of this Law.
  17. In the cases specified in paragraphs 2-4 of this Article, the payment of the early old-age pension shall be renewed or it shall be awarded anew of the first day of the month following the month when a person applied for the renewal of the payment or for the awarding of this pension. CHAPTER II AMOUNT OF THE EARLY OLD-AGE PENSION Article
  18. Amount of the Early Old-Age Pension
  19. The early old-age pension shall be calculated in the same manner as the state social insurance old-age pension in accordance with the procedure laid down by the Law on State Social Insurance Pensions and shall be reduced by 0,4% for every full month left until a person attains old-age retirement age.
  20. Where a person for whom the payment of the early old-age pension has been suspended applies for the awarding of this pension anew and where more than 12 months have lapsed since the suspension of the payment of the early old-age pension until application for the renewal of the payment thereof (paragraph 4 of Article 5 of this Law) or where the payment of the pension has been discontinued (Article 7 of this Law), the early old-age pension shall be calculated in accordance with the procedure laid down in paragraph 1 of this Article and shall be reduced by 0,4% for every full month for which the person had previously received the early old-age pension. Article
  21. Awarding of the Early Old-Age Pension Anew Under the conditions specified in subparagraphs 1, 2 and 4-6 of paragraph 1 of Article 3 of this Law, the early old-age pension shall be awarded anew to a person for whom the payment of this pension has been discontinued by reason of the awarding of another pension or benefit (subparagraph 2 of paragraph 2 of Article 4 of this Law) to which the person is no longer entitled, where on the day of application for the awarding anew of the early old-age pension the person is registered as unemployed at a local labour exchange office of the Lithuanian Labour Exchange in accordance with the established procedure. In this cases, the early old-age pension shall be awarded of the first day of the month following the month when the person applied for the awarding of this pension anew. Article
  22. Calculation of State Social Insurance Pensions for a Person who Has Received the Early Old-Age Pension Version of paragraph 1 before 1 July 2005:
  23. When awarding the state social insurance invalidity pension to a person who has not attained old-age retirement age and who had received the early old-age pension, the amount of the invalidity pension shall be calculated in accordance with the procedure laid down by the Law on State Social Insurance Pensions and shall not be reduced by reason of the awarding of the early old-age pension. Version of paragraph 1 after 1 July 2005:
  24. When awarding the state social insurance work incapacity pension to a person who has not attained old-age retirement age and who had received the early old-age pension, the amount of the work incapacity pension shall be calculated in accordance with the procedure laid down by the Law on State Social Insurance Pensions and shall not be reduced by reason of the awarding of the early old-age pension.
  25. In respect of a person who has received the early old-age pension upon attaining old-age retirement age, the amount of the state social insurance old-age pension shall be calculated in accordance with the procedure laid down by the Law on State Social Insurance Pensions and shall be reduced by the amount consisting of 0,4% of the calculated pension multiplied by the number of the full months for which the person has received the early old-age pension.
  26. Where a person who has attained old-age retirement age and who had previously received the early old-age pension becomes entitled to the invalidity pension, the amount of the state social insurance invalidity pension shall be calculated in accordance with the procedure laid down by the Law on State Social Insurance Pensions and shall be reduced by the amount consisting of 0,4% of the calculated pension multiplied by the number of the full months for which the person has received the early old-age pension. Paragraph 3 shall be repealed on 1 July
  28. Upon the death of a person who received the early old-age pension prior to his death, the state social insurance survivor’s and orphan’s pension shall be calculated in accordance with the procedure laid down in the Law on State Social Insurance Pensions taking account of the amount of the early old-age pension received by the deceased. Version of paragraph 5 before 1 July 2005:
  29. Upon the death of a person who had previously received the early old-age pension, the state social insurance survivor’s and orphan’s pension shall be calculated taking account of the amount of the state social insurance old-age or invalidity pension which was received by the deceased (to which he was entitled) as calculated in accordance with the procedure indicated in paragraphs 1-3 of this Article. Version of paragraph 5 after 1 July 2005:
  30. Upon the death of a person who had previously received the early old-age pension, the state social insurance survivor’s and orphan’s pension shall be calculated taking account of the amount of the state social insurance old-age or invalidity or work incapacity pension which was received by the deceased or the amount of the work incapacity pension to which the person could have been entitled as calculated in accordance with the procedure indicated in paragraphs 1 and 2 of this Article. CHAPTER III AWARDING AND PAYMENT OF EARLY OLD-AGE PENSIONS AND EXAMINATION OF DISPUTES ON THE PENSIONS Article
  31. Source of the Payment of Early Old-Age Pensions Early old-age pensions shall be paid from the budget of the Republic of Lithuania State Social Insurance Fund. Article
  32. Payment of Early Old-Age Pensions
  33. Early old-age pensions shall be awarded and paid by territorial departments of the State Social Insurance Fund Board in compliance with this Law, the Law on State Social Insurance Pensions as well as the Regulations for the Awarding and Payment of State Social Insurance Pensions as approved by the Government.
  34. When applying for the early old-age pension, all the documents indicated in the Regulations for the Awarding and Payment of State Social Insurance Pensions and necessary for the awarding of this pension must be submitted.
  35. Early old-age pensions shall be paid for the past month in accordance with the procedure laid down by the State Social Insurance Fund Board under the Ministry of Social Security and Labour (hereinafter referred to as the “Fund Board”). Article
  36. Appeals against Decisions of the Administration Agencies of the State Social Insurance Fund
  37. Where a person does not agree with a decision of the director (deputy director) of a territorial department of the Fund Board regarding his entitlement to the early old-age pension, he shall have the right to appeal against this decision to the Fund Board within one month of the taking thereof.
  38. A decision of the director (deputy director) of the Fund Board and the director (deputy director) of a territorial department may be appealed against to court in accordance with the procedure and within the time limits laid down by laws. Article
  39. Duties of a Recipient of the Early Old-Age Pension A recipient of the early old-age pension must give notice to a territorial department of the Fund Board which pays the pension to him of the circumstances influencing the amount or the payment of this pension within 10 days of the occurrence of these circumstances. Where the pension is overpaid as a result of the failure to give notice of such circumstances in due time, the amount overpaid shall be recovered from the recipient of the pension by a decision of the director (deputy director) of a territorial department of the Fund Board. Where the person does not receive the pension, the amount overpaid shall be recovered in court. CHAPTER IV FINAL PROVISIONS Article
  40. Proposals to the Government To propose to the Government to amend the Regulations for the Awarding and Payment of State Social Insurance Pensions. Article
  41. Entry into Force of the Law
  42. This Law shall enter into force on 1 July
  44. The state and municipal institutions (agencies) of the Republic of Lithuania as well as other legal persons must provide to the Fund Board and/or territorial departments thereof the data required to award and pay early old-age pensions regarding the pensions and benefits received by a person and amounts thereof as well as other information needed to award and pay early old-age pensions. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC ROLANDAS PAKSAS

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