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Translated from Lithuanian REPUBLIC OF LITHUANIa Law on the RETENTION and Transfer of Pension Rights of Officials of the

Translated from Lithuanian REPUBLIC OF LITHUANIa Law on the RETENTION and Transfer of Pension Rights of Officials of the Institutions of the European UNION and of Members of the European Parliament 12

Article 7

of this Law for transferring the pension rights, the periods of employment with the EU institutions and other periods set out in the implementing legislation of the EU shall, in accordance with the procedure established in the Law on State Social Insurance Pensions, be held equivalent to the person’s state social pension insurance record acquired while working under an employment contract or on the basis of membership or service as if the person has been covered by state social pension insurance pursuant to the Law of the Republic of Lithuania on State Social Insurance. The income held equivalent to the person’s insured income calculated in accordance with the procedure established in paragraph 2 of this Article shall be considered to be the person’s insured income during the periods of employment with the EU institutions.

  1. Income held equivalent to the person’s insured income for each calendar year of employment with the EU institutions shall be determined by multiplying the coefficient (K3) of the person’s income held equivalent to the insured income, calculated according to the formula specified in subparagraphs 2 or 4.1 of Annex 1 to this Law, by the insured income of the year as valid during the year for which the income equivalent to the person’s insured income is determined and by the number of months during which that calendar year the person was employed with the EU institutions.
  2. Where a person whose pension rights acquired in the SSI Fund have been transferred to the pension scheme of the EU institutions selects the manner of transfer of the pension rights specified in

Article 7

of this Law, the data held in the Register of Persons Covered by State Social Insurance about the person’s state social pension insurance periods and insured income prior to the transfer of the person’s pension rights to the pension scheme of the EU institutions shall be restored in this register. 4. Where a person whose pension rights acquired in the SSI Fund and a pension fund operating in compliance with the Law on the Accumulation of Pensions have been transferred to the pension scheme of the EU institutions selects the manner of transfer of the pension rights specified in

Article 7

of this Law, the pension rights for the period prior to commencement of employment with the EU institutions shall be restored in the SSI Fund without applying the provisions of the Law on State Social Insurance Pensions relating to reduction of the coefficient of the person’s insured income.

  1. Upon crediting the funds for the pension rights acquired by a person in the pension scheme of the EU institutions to the SSI Fund, the SSI Fund Board shall enter in the Register of Persons Covered by State Social Insurance data about the person’s periods of employment with the EU institutions and the amounts of income credited for each calendar year of employment with the EU institutions, held equivalent to the person’s insured income. Article
  2. Transfer of Funds for the Pension Rights Acquired by a Person in the Pension Scheme of the EU Institutions into the Pension Fund Where a person selects the manner referred to in subparagraph 2 of paragraph 1 of Article 7 of this Law for transferring the pension rights, the funds for the pension rights acquired in the pension scheme of the EU institutions shall, pursuant to the implementing legislation of the EU, be transferred into the account of the pension fund specified by the person meeting the requirements set in the implementing legislation of the EU. Article
  3. Transfer of Funds for the Pension Rights Acquired by a Person in the Pension Scheme of the EU Institutions into the SSI Fund and Pension Fund
  4. Where a person selects the manner referred to in subparagraph 3 of paragraph 1 of Article 7 of this Law for transferring the pension rights, the SSI Fund Board shall calculate the amounts of funds to be transferred to the SSI Fund and the pension fund selected by the person operating in compliance with the Law on the Accumulation of Pensions if the person has concluded a pension accumulation agreement with the manager of the said fund, which is registered in the Register of Pension Accumulation Agreements.
  5. The amount of funds transferred to the pension fund shall be calculated taking into account a portion of the rate of the state social pension insurance contribution transferred to pension accumulation companies and the sum of rates of social pension insurance contribution of the insurer and social pension insurance contribution of the person insured, approved by the Law of the Republic of Lithuania on the Approval of the Indicators of the Budget of the State Social Insurance Fund, as valid on the day of filing of an application to transfer the pension rights acquired in the pension scheme of the EU institutions, in accordance with the procedure specified in subparagraphs 3 and 4.2 of Annex 1 to this Law.
  6. The record of state social pension insurance acquired by a person, the person’s state social pension insurance periods and the person’s insured income (income held equivalent to the insured income) shall be determined in accordance with the provisions of paragraphs 1, 2 and 3 of Article 8 of this Law, taking into consideration the amount of funds credited to the SSI Fund. Data on the periods of the person’s employment with the EU institutions and the amounts of funds, held equivalent to the person’s insured income, credited for each calendar year of employment with the EU institutions shall be entered in the Register of Persons Covered by State Social Insurance. Article
  7. Specific Features of Payment of State Social Insurance Pensions to Employees of the EU Institutions
  8. Where a person who receives (received prior to the transfer of pension rights acquired in the SSI Fund to the pension scheme of the EU institutions) state social insurance old-age pension or work incapacity (invalidity) pension selects the manner referred to in subparagraphs 1 or 3 of paragraph 1 of Article 7 of this Law for transferring the pension rights, he shall be entitled to apply for the award of such a pension anew in accordance with the procedure set forth in the Law on State Social Insurance Pensions. Where the person does not apply for the award of the pension anew and the payment of pension awarded to him was discontinued due to the transfer of the pension rights acquired by him in the SSI Fund to the pension scheme of the EU institutions (Article 6 of this Law), the payment of the state social insurance old-age or work incapacity (invalidity) pension awarded to him earlier shall be commenced. The state social insurance old-age or work incapacity (invalidity) pension shall be awarded anew or payment of the pension awarded earlier shall be commenced if the person has retained entitlement to this pension.
  9. Where a person who receives (received prior to the transfer of pension rights acquired in the SSI Fund to the pension scheme of the EU institutions) retirement pension or compensation for special working conditions selects the manner referred to in subparagraphs 1 or 3 of paragraph 1 of Article 7 of this Law for transferring the pension rights, the payment of such benefits shall continue (payment of the benefit paid earlier shall be resumed) if he has retained entitlement to the respective benefit and the Law on State Social Insurance Pensions does not establish the basis for awarding old-age or work incapacity pension instead of retirement pension.
  10. In the cases specified in paragraphs 1 and 2 of this Article, state social insurance old-age or work incapacity (invalidity) pension shall be awarded anew or the payment of state social insurance old-age, work incapacity (invalidity) or retirement pension or compensation for special working conditions paid earlier shall be commenced in accordance with the procedure and within the time limits laid down in the Law on State Social Insurance Pensions but not earlier than on the first day of the month following the month in which the funds have been received in the SSI Fund. CHAPTER FOUR RETENTION OF PENSION RIGHTS OF MEMBERS OF THE EUROPEAN PARLIAMENT Article
  11. Specific Features of Calculation of State Social Insurance Pensions of Members of the European Parliament
  12. In the case of persons who hold (held) office of Members of the European Parliament and have acquired the state social pension insurance record in accordance with the Law on State Social Insurance Pensions, state social insurance old-age or work incapacity (invalidity) pensions (in the event of death of those persons – survivor’s and/or orphan’s pensions for them) shall be awarded and/or paid in accordance with the provisions of the Law on State Social Insurance Pensions.
  13. Where a Member of the European Parliament has acquired a record below the minimum state social pension insurance record to be awarded an appropriate type of pension as set out in the Law on State Social Insurance Pensions, the person’s entitlement to state social insurance pension shall be determined by adding up the person’s state social pension insurance record acquired in accordance with the Law on State Social Insurance Pensions and the duration of the person’s mandate in the European Parliament. The amount of the state social insurance pension shall be calculated taking into account the person’s state social pension insurance record acquired in accordance with the Law on State Social Insurance Pensions and the person’s insured income. CHAPTER FIVE FINAL PROVISIONS Article
  14. Settlement of Disputes
  15. Disputes relating to the actions of the SSI Fund Board and pension accumulation companies in the course of retention and transfer of pension rights of officials of the EU institutions and Members of the European Parliament shall be settled in accordance with the procedure laid down by laws of the Republic of Lithuania.
  16. Disputes relating to the actions of the competent EU institution in the course of retention and transfer of pension rights of officials of the EU institutions and Members of the European Parliament shall be settled in accordance with the procedure set forth in the implementing legislation of the EU. Article
  17. Entry into Force of the Law This Law, except for Article 15, shall enter into force on 1 January
  18. Article
  19. Proposal to the Government of the Republic of Lithuania The Government of the Republic of Lithuania shall, before 31 December 2009, approve the description of the procedure for the retention and transfer of pension rights of officials of the institutions of the European Union and of Members of the European Parliament and other legal acts necessary for the implementation of this Law. I promulgate this Law passed by the Seimas of the Republic of Lithuania. president of the republic DALIA GRYBAUSKAITĖ Annex 1 Republic of Lithuania Law on the Retention and Transfer of Pension Rights of Officials of the Institutions of the European Union and of Members of the European Parliament DESCRIPTION OF THE PROCEDURE FOR CALCULATING THE FUNDS FOR THE PENSION RIGHTS ACQUIRED IN THE SST FUND TO BE TRANSFERRED TO THE PENSION SCHEME OF THE EU INSTITUTIONS AND THE FUNDS FOR THE PENSION RIGHTS ACQUIRED IN THE PENSION SCHEME OF THE EU INSTITUTIONS TRANSFERRED TO THE SST FUND AND PENSION FUND
  20. The amount of funds for the pension rights acquired in the SSI Fund to be transferred to the pension scheme of the EU institutions shall be calculated according to the formula: RL = [( S1 + S2 + Ss) x 1,1 x B/H + 0,005 x (S1 x K1 + S2 x K2) x D] x 12 x G. In this formula: RL – the amount of funds for the pension rights acquired by a person in the SSI Fund transferred to the pension scheme of the EU institutions; S1 and K1 – the periods before 1994 held equivalent to the person’s state social pension insurance record acquired while working under an employment contract or on the basis of membership or service, and the coefficient of the person’s insured income where the person had been employed before 1994; S2 and K2 – the person’s state social pension insurance record acquired while working under an employment contract or on the basis of membership or service and the person’s insured income after 1994; Ss – the person’s state social pension insurance record acquired while working on a self-employed basis, where the person was insured (self-insured) to receive only the basic part of social insurance pension, and periods held equivalent thereto; B – the amount of the state social insurance basic pension applicable at the time of calculation; D – the amount of insured income of the current year applicable at the time of calculation; G – life expectancy of men and women in Lithuania, calculated taking into consideration the old-age retirement age set for men and women; H – the obligatory state social pension insurance record for awarding old-age pension as laid down by the Law on State Social Insurance Pensions. The values S1, S2, Ss, K1 and K2 shall be calculated in accordance with the procedure established in the Law on State Social Insurance Pensions.
  21. Where a person whose pension rights acquired in the SSI Fund before the commencement of employment with the EU institutions were transferred to the pension scheme of the EU institutions applies to the SSI Fund for the transfer of the pension rights acquired in the pension scheme of the EU institutions, the coefficient of income K3 for the period of employment with the EU institutions, held equivalent to the person’s insured income, shall be calculated according to the formula: K3 = [(RES/(12 x G) - ( S1 + S2 + Ss + S3) x 1,1 x B/H)/(0,005 x D) - S1 x K1 - S2 x K2]/S
  22. In this formula: RES – the amount of funds credited to the SSI Fund for the pension rights acquired by the person in the pension scheme of the EU institutions; S3 – the period of the person’s employment with the EU institutions. Other values used in the formula shall be defined in subparagraph 1 of this Annex.
  23. Where a person selects to transfer the pension rights acquired in the pension scheme of the EU institutions to the SSI Fund and pension fund operating in compliance with the Law on the Accumulation of Pensions, the amount of funds transferred to this pension fund shall be calculated according to the formula: P = E x k/p. In this formula: P – the amount of funds to be transferred to the pension fund; E – the amount of funds transferred by the competent EU institution to the SSI Fund Board for the pension rights acquired in the pension scheme of the EU institutions; k – a portion of the rate of the state social pension insurance contribution transferred to pension accumulation companies approved by the Law of the Republic of Lithuania on the Approval of the Indicators of the Budget of the State Social Insurance Fund, as valid on the day of filing of an application to transfer the pension rights acquired in the pension scheme of the EU institutions; p – the sum of rates of social pension insurance contribution of the insurer and social pension insurance contribution of the person insured, as approved by the Law of the Republic of Lithuania on the Approval of the Indicators of the Budget of the State Social Insurance Fund, applicable in the year of calculation of the amount transferred to the pension fund.
  24. Where a person whose pension rights acquired in the SSI Fund before the commencement of employment with the EU institutions were not transferred to the pension scheme of the EU institutions applies for the transfer of the pension rights acquired in the pension scheme of the EU institutions, the pension rights acquired in the pension scheme of the EU institutions shall be transferred in accordance with the following procedure: 4.
  25. Where all of the person’s pension rights acquired in the pension scheme of the EU institutions are transferred to the SSI Fund, the period of employment with the EU institutions shall be held equivalent to the person’s state social pension insurance record in accordance with the procedure laid down in paragraph 1 of Article 8 of the Law on the Retention and Transfer of Pension Rights of Officials of the Institutions of the European Union and of Members of the European Parliament, while the coefficient of income K3 for the period of employment with the EU institutions, held equivalent to the person’s insured income, shall be calculated according to the formula: K3 = (RES/(12 x G) - S3 x 1,1 x B/H)/(0,005 x D x S3). The values used in this formula shall be defined in subparagraphs 1 and 2 of this Annex. 4.
  26. Where, at the person’s choice, the pension rights acquired in the pension scheme of the EU institutions are transferred to the SSI Fund and pension fund operating in compliance with the Law on the Accumulation of Pensions, the amount of funds transferred to the pension fund shall be calculated in compliance with the provisions of subparagraph 3 of this Annex. The state social pension insurance record and state social pension insurance periods acquired by the person and the person’s insured income (income held equivalent to insured income) shall be determined in accordance with the procedure laid down in paragraph 3 of Article 10 of the Law on the Retention and Transfer of the Pension Rights of Officials of the Institutions of the European Union and of Members of the European Parliament. Annex 2 Republic of Lithuania Law on the Retention and Transfer of Pension Rights of Officials of the Institutions of the European Union and of Members of the European Parliament LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW
  27. Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (Staff Regulations of Officials) (OJ 2004, special edition, Chapter 1, Volume 2, p. 5), as last amended by Council Regulation (EC, Euratom) No 337/2007 of 27 March 2007 (OJ 2007 L 90, p. 1).
  28. The decision of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (2005/684/EC, Euratom) (OJ 2005, L 262, p. 1). Translated by: Jolanta Gamulevičiūtė-Napari [email protected]

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