(1)of the Law on the Legal Status of Victims of the 1939-1990 Occupations. The right to receive, under the conditions laid down in this Law, victims’ state pensions shall also be granted to the parents, spouses and children of: 1) the persons who perished as a result of the aggression perpetrated during 11-13 January 1991 and subsequent events; 2) the persons who perished in the course of actions of the resistance to the occupations of 1940-1990 as well as those who were killed or died during unlawful imprisonment or exile; 3) the persons who perished or died due to elimination of the consequences of the accident at the Chernobyl Nuclear Power Plant; 4) the persons who perished or died during compulsory military service or military training in the Soviet Army (22 July 1945 – 31 December 1991) or those who died subsequently as a result of the illnesses incurred in connection with the military service. The Centre of Genocide and Resistance Research of Lithuania shall confirm a list of ghettos, concentration camps or other confinement camps. *Victims’ state pensions shall not be awarded to the persons listed in subparagraphs 2-7 of the first paragraph and in subparagraphs 2-4 of the second paragraph of this Article where, from 23 March 1939 (occupation of the Klaipėda Region) until 11 March 1990, and in respect of the structures listed in subparagraphs 2, 6, 7 and 9 of this paragraph – during the actual operation of these structures, they served or worked: 1) in destroyer battalions and squads or combined units of people’s defenders subordinate to the Struggle against Banditry Department of the USSR People’s Commissariat for Internal Affairs (NKVD) (from the end of March 1946 – the Struggle against Banditry Directorate) and transferred to the USSR Ministry of State Security (MGB) on 4 February 1947; 2) in structures of the USSR People’s Commissariat for Internal Affairs (NKVD), USSR Ministry of Internal Affairs (MVD), USSR People’s Commissariat for State Security (NKGB), USSR Ministry of State Security (MGB), and USSR Committee of State Security (KGB) as well as the divisions, directorates, agencies or services of these structures; 3) in the Soviet paratrooper squads, guerrilla squads or combined units which operated during 1941-1944 in the territory of Lithuania where these squads, parties or combined units or the individual persons belonging to them participated in the commission of war crimes, crimes against humanity and genocide of the Lithuanian population; 4) in the repression structures of Nazi Germany’s occupation regime which operated in 1939 in the Klaipėda Region and in 1941-1944 – in the territory of Lithuania: the German State Security Police – Sicherheitspolizei (Sipo) and the German State Security Service – Sicherheitsdienst (SD) as well as the German State Secret Police – Geheime Staatspolizei (Gestapo) and the German Public Order Police; 5) in services of the 3rd Directorate of the USSR People’s Commissariat of Defence, 3rd Department of the People’s Commissariat for Internal Affairs (NKVD), the Chief Counterintelligence Directorate of the People’s Commissariat of Defence (“Smersh”) and the NKVD Counterintelligence Department (“Smersh”); 6) in services of the combined units and units of the USSR People’s Commissariat for Internal Affairs (NKVD), the Ministry of Internal Affairs (MVD) and internal security troops of the Ministry of State Security (MGB); 7) in the military prosecutor’s offices of the USSR People’s Commissariat for Internal Affairs (NKVD), USSR Ministry of Internal Affairs (MVD) and internal security troops of the USSR Ministry of State Security (MGB) as prosecutors as well as prosecutor of the Lithuanian SSR and deputies thereof and prosecutors of the Department for Special Cases and the Department for Supervision of Interrogation at State Security Bodies within the Prosecutor’s Office of the Lithuanian SSR or prosecutors in the USSR Prosecutor’s Office and prosecutor’s offices of the USSR’s republics which operated in Lithuania after 11 March 1990; 8) as agents and informants of the repression structures of the USSR’s and Nazi Germany’s occupation regimes as listed in subparagraphs 2, 4 and 5 of this paragraph; 9) as the leading personnel of the National Socialist German Workers Party (NSDAP), All-Union Communist Party (Bolsheviks) and the Soviet Union Communist Party as well as its branches in the Soviet republics. *A list of the services and posts occupied by the persons not entitled to victims’ state pensions in the battalions, squads, combined units, institutions, structures of the institutions, divisions of the institutions, directorates, agencies, services, departments, prosecutor’s offices and parties as listed in subparagraphs 1-9 of paragraph 4 of this Article (hereinafter referred to as the “structures”) shall be approved by the Government of the Republic of Lithuania. *The provision of paragraph 4 of this Article on the refusal to award victims’ state pensions to the persons who served or worked in the structures listed in paragraph 4 as well as occupied the posts specified in the list approved by the Government of the Republic of Lithuania (paragraph 5 of this Article) shall not, in accordance with the procedure laid down by the Government of the Republic of Lithuania or an institution authorised by it, apply to the persons who were subjected to repressions (were imprisoned, convicted or deported) for political reasons during or after the service or work in the specified structures as well as to the persons who, while serving or working in the specified structures, co-operated with the organisations and structures of the resistance, the Rebirth period (from 23 August 1987 until 11 March 1990) and the re-established independent Republic of Lithuania (after 11 March 1990) and carried out their special tasks seeking to re-establish the independence of Lithuania and acting for the benefit of the Republic of Lithuania. * Note. Recognise that the Republic of Lithuania Law Amending Articles 7, 11 and 15 of the Law on State Pensions (No VIII-1730, 13-06-2000, Official Gazette, 2000, No 52-1487) is in conflict with paragraph 2 of Article 71 of the Constitution of the Republic of Lithuania. Article
- State Pensions for the Persons who Became Victims as a Result of the Aggression Perpetrated During 11-13 January 1991 and Subsequent Events and for Members of Their Families A victims’ state pension shall be awarded to the persons who have been recognised as incapable or partially capable of work (before 1 July 2005 – invalids) as a result of the aggression perpetrated during 11-13 January 1991 and subsequent events. This pension shall be awarded to the persons who: 1) have been recognised as having lost 75-100% of their capacity for work (before 1 July 2005 – Group I invalids) – in the amount of 8 state pension bases; 2) have been recognised as having lost 60-70% of their capacity for work (before 1 July 2005 – Group II invalids) – in the amount of 6 state pension bases; 3) have been recognised as having lost 45-55% of their capacity for work (before 1 July 2005 – Group III invalids) – in the amount of 4 state pension bases. Where the persons specified in the first paragraph of this Article have attained the pensionable age before 1 July 2005 or will attain this age after the specified date during the period of payment of a victims’ state pension, the victims’ state pensions awarded to them and paid until the attainment of the pensionable age shall be paid for their lifetime. A victims’ state pension shall be awarded to the mothers of the persons who perished as result of the aggression perpetrated during 11-13 January 1991 and subsequent events where they have attained 50 years of age or have been rated as incapable or partially capable of work (before 1 July 2005 – invalids) as well as to their fathers who have attained the pensionable age or have been rated as incapable or partially capable of work (before 1 July 2005 – invalids). These persons shall be paid a victims’ state pension in the amount of 8 state pension bases. The defenders of the independence of the Republic of Lithuania who were injured the aggression perpetrated by the USSR during and after 11-13 January 1991, but have not become invalids as a result thereof shall be awarded a victims’ state pension in the amount of the state pension base when they attain the pensionable age or are rated as incapable or partially capable of work upon losing 60% and more of their capacity for work (before 1 July 2005 – Group I or Group II invalids) due to an illness not incurred in connection with the aggression perpetrated by the USSR during and after 11-13 January
- Article
- State Pensions for the Victims who are Rated as Incapable or Partially Capable of Work (Before 1 July 2005 – Invalids), Attained the Pensionable Age, Had Been Imprisoned or Exiled for at Least 15 Calendar Years in the Regions of the Far North of the USSR or Equivalent Locations A victims’ state pension for the persons listed in subparagraphs 2-6, 8 and 9 of the first paragraph of Article 11 of this Law who have been recognised as incapable or partially capable of work upon losing 60% and more of their capacity for work (before 1 July 2005 – Group I or Group II invalids) or have attained the pensionable age shall be awarded and paid in the amount of the state pension base, with the exception of the cases provided for in the second paragraph of this Article. A victims’ state pension shall be awarded to the persons listed in subparagraphs 2-8 of the first paragraph of Article 11 who have become incapable or partially capable of work (before 1 July 2005 – invalids): 1) during unlawful imprisonment and exile, in the course of actions of the resistance to the occupations of 1940-1990; 2) having been taken for forced labour, kept in ghettos and concentration camps; 3) having been kept in other confinement camps; 4) while participating in military actions and fulfilling compulsory military service or military training in the Soviet Army or were later recognised as incapable or partially capable of work (before 1 July 2005 – invalids) due to the illnesses incurred in connection with the military service; 5) due to the effect of elimination of the consequences of the accident at the Chernobyl Nuclear Power Plant. A victims’ state pension shall be paid to the persons listed in the second paragraph of this Article: 1) have been recognised as having lost 75-100% of their capacity for work (before 1 July 2005 – Group I invalids) – in the amount of 2 state pension bases; 2) have been recognised as having lost 60-70% of their capacity for work (before 1 July 2005 – Group II invalids) – in the amount of 1,5 state pension bases; 3) have been certified as having lost 45-55% of their capacity for work (before 1 July 2005 – Group III invalids) – in the amount of 0,75 state pension bases. Where the persons specified in the second paragraph of this Article have attained the pensionable age before 1 July 2005 or will attain this age after the specified date during the period of payment of a victims’ state pension, the victims’ state pensions awarded to them and paid until the attainment the pensionable age shall be paid for their lifetime, with the exception of the persons who, upon the attainment of the pensionable age, have become entitled to a larger victims’ state pension. A victims’ state pension shall be awarded and paid, in the amount of the state pension base, to the persons listed in subparagraph 2 of the first paragraph of Article 11 of this Law who had been imprisoned or exiled for at least 15 calendar years in the regions of the Far North of the former USSR or equivalent locations according to a list of the regions of the Far North of the former USSR and equivalent locations as approved by the Government of the Republic of Lithuania where 5 years are left until the pensionable age. This pension shall awarded and paid under the condition that a person is not paid any other pension of the Republic of Lithuania or another state or a permanent compensation benefit for special working conditions. Victims’ state pensions shall also be awarded and paid, in the amount of the state pension base, to the parents of the persons specified in subparagraphs 2 and 4 of the second paragraph of Article 11 of this Law who have been rated as incapable or partially capable of work upon losing 60% and more of their capacity for work (before 1 July 2005 – Group I or Group II invalids) or have attained the pensionable age. Article
- Victims’ State Pensions for Survivors and Orphans A victims’ state pension for survivors and orphans shall be awarded to the following persons related to those who perished as a result of the aggression perpetrated during 11-13 January 1991 and subsequent events: 1) to orphans (children and adopted children) under 18 years of age as well as to those over 18 years of age, where they were recognised as disabled (before 1 July 2005 – invalids) before attaining 18 years of age and where they have been incapable or partially capable of work (invalids) for the entire period since 18 years of age, as well as to students and pupils of secondary schools and the full-time departments of the higher and post-secondary education institutions and vocational training schools registered in accordance with the established procedure until they graduate, but not longer than until they attain 24 years of age; 2) to the widows who have not remarried, regardless of their age. Each of these persons shall be paid a survivor’s or orphan’s state pension in the amount of 8 state pension bases. The right to a victims’ state pension for survivors and orphans in the amount of the state pension base shall be granted to the widowers (widows) as well as orphaned children (adopted children), where they were minors at the time of the parents’ death, of the participants in the resistance to the occupations of 1940-1990 who perished on the battlefield or during detention, were killed or died during interrogation or imprisonment or were sentenced for death, where the punishment has been executed, as well as to children (adopted children) of political prisoners, where they were minors at the time of death of both parents imprisoned (as well as where one of the parents (adoptive parents) had died, had been exiled or declared missing, and the other was imprisoned). The victims’ state orphan’s pension as established to the persons specified in this paragraph shall be awarded and paid where the person is not entitled to another victims’ state pension. A state survivor’s and orphan’s pension for the victims specified in the third paragraph of this Article shall be awarded and paid where the persons entitled to receive it have attained the pensionable age or have been rated as incapable or partially capable of work upon losing 60% or more of their capacity for work (before 1 July 2005 – Group I or Group II invalids). A victims’ state pension for survivors and orphans shall also be awarded: 1) upon the death of a person recognised as incapable or partially capable of work (before 1 July 2005 – invalid) as a result of the aggression perpetrated during 11-13 January 1991 and subsequent events (the first paragraph of Article 12); 2) where a person perished in the course of actions of the resistance to the occupations of 1940-1990 as well as where he perished or died during unlawful imprisonment or exile; 3) where a person died due to the effect of elimination of the consequences of the accident at the Chernobyl Nuclear Power Plant; 4) where a person perished or died during compulsory military service or military training in the Soviet Army (22 July 1945 – 31 December 1991) or where he died subsequently as a result of the illnesses incurred in connection with the military service; 5) upon the death of the persons specified in subparagraphs 2, 3 and 5 of the first paragraph of Article 11 of this Law and subparagraphs 4 and 7 of the first paragraph of Article 11, where they had been recognised as incapable or partially capable of work (before 1 July 2005 – invalids) prior to their death in accordance with the established procedure or died during the period of payment of a victims’ state pension. The spouses and children (adopted children) of the persons specified in the fifth paragraph of this Article shall be paid a victims’ state pension for survivors and orphans under the same conditions and in the same proportions of the victims’ state pension to which the recipient was entitled as specified in Article 9 of this Law. Upon the death of a person to whom the victims’ state pension for survivors and orphans has been awarded taking into consideration the fact that the person has lost 45-55% of his capacity for work (before 1 July 2005 – rated as Group III invalid), it shall be considered, when determining the amount of a victims’ state pension for survivors and orphans, that the deceased person had been entitled to a victims’ state pension as a person who has lost 60-70% of his capacity for work (before 1 July 2005 – rated as Group II invalid). Where a perished (deceased) person had not been awarded a victims’ state pension, it shall considered, when determining the amount of a survivor’s and orphan’s pension, that the perished (deceased) person had been entitled to 1,5 state pension bases. Victims’ state pensions for survivors and orphans shall be awarded and paid to the spouses and children (adopted children) of the persons specified in this Article in the cases when they are the citizens of the Republic of Lithuania whose data about the place of residence in the Republic of Lithuania, and in respect of those without the place of residence, about the municipality in which they are resident, have been entered in the Republic of Lithuania Residents’ Register and when they are not recipients of a similar pension from another state (with the exception of a state social insurance pension) or another permanent compensation benefit. Article
- Payment of Victims’ State Pensions Victims’ state pensions shall be awarded and paid by local offices of the State Social Insurance Fund Board in compliance with this Law, the Law on State Social Insurance Pensions and the Regulations for the Awarding and Payment of State Social Insurance Pensions. Expenses of the State Social Insurance Fund related to the awarding, payment and delivery of victims’ state pensions shall be covered from the state budget. Victims’ state pensions shall be awarded and paid and the disputes concerning these pensions shall be considered in accordance with the procedure laid down for state social insurance pensions by Chapter V of the Law on State Social Insurance Pensions and the Regulations for the Awarding and Payment of State Social Insurance Pensions. * Victims’ state pensions shall be awarded to the persons who became invalids as a result of the aggression perpetrated during 11-13 January 1991 and subsequent events and, in the cases specified by this Law, to their parents, spouses and children subject to the presentation of a certificate of the General Prosecutor’s Office of the Republic of Lithuania, to participants in actions of the resistance to the occupations of 1940-1990 as well as, in the cases specified by this Law, to their parents, spouses and children subject to the presentation of a certifying document issued by the Centre of Genocide and Resistance Research of Lithuania, and to the persons who, during World War II, served in the active armies and guerrilla squads or combat units of the states of the anti-Hitler coalition, also to the persons who became invalids while participating in military actions and the persons who became invalids as a result of compulsory military service or military training in the Soviet Army and to the appropriate family members of those who perished (died) in the course of such service or training subject to the presentation of a certificate of the Ministry of National Defence. Where a local office of the State Social Insurance Fund Board which awards or pays a victims’ state pension is in doubt as to whether a person applying for this pension or already receiving it served or worked in the structures listed in paragraph 4 of Article 11 of this Law as well as occupied the posts specified in the list approved by the Government of the Republic of Lithuania (paragraph 5 of Article 11 of this Law), the local office shall refer to the Centre of Genocide and Resistance Research of Lithuania with a request to issue a certifying document on the fact of the person’s service or work in the repression structures. Victims’ state pensions shall be paid irrespective of victims’ other income. A victims’ state pension shall not be paid where its recipient moves for permanent residence abroad. Upon the death of the recipient of a victims’ state pension, the pension shall be paid to the persons who have taken care of his burial for the month during which the death occurred, where it has not been paid yet, and shall extend in the same amount to cover a two-month period. *Note. Recognise that the Republic of Lithuania Law Amending Articles 7, 11 and 15 of the Law on State Pensions (No VIII-1730, 13-06-2000, Official Gazette, 2000, No 52-1487) is in conflict with paragraph 2 of Article 71 of the Constitution of the Republic of Lithuania. Article
- Entry into Force of the Law This Law shall enter into force on 1 January
- The state pensions specified in this Law shall be awarded as of the entry into force of this Law. State survivor’s and orphan’s pensions shall be awarded only to the persons who died after the entry into effect of this Law, with the exception of those specified in Article
- The pensions which have been awarded to victims prior to the entry into effect of this Law shall be recalculated in accordance with the procedure and within the time limits laid down by this Law and the Law on State Social Insurance Pensions. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS