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official translation official translation LAW ON STATE PENSIONS OF THE REPUBLIC OF LITHUANIA December 22,

  1. No. I-730 Vilnius (As amended by June 9, 1998) I. CHAPTER. GENERAL PROVISIONS ARTICLE
  2. State Pensions of the Republic of Lithuania The following state pensions are established in the Republic of Lithuania: 1) state pension to the President of the Republic; 2) first and second degree pensions of the Republic of Lithuania; 3) state pension to persons who are victims; 4) state pensions to officials and military personnel. 5) state pension to scientists ( amended 4 July 1995) State pensions to science personnel shall be established on a temporary basis namely, until such time as a supplementary pension insurance system for scientists will be formed. First and second degree state pensions of the Republic of Lithuania as well as, state pensions to individuals who are victims, shall be designated in accordance with this Law. State pensions to the Republic President, officials, and military and science personnel, shall be designated in accordance with special laws. ARTICLE
  3. State Pension Payment Source and Amount Index All state pensions shall be paid from the State Budget of the Republic of Lithuania. The amount index of state pensions shall be the base of state pensions, which as of January 1, 1998 is equal to he amount of the social insurance basic pension applied at that time. The Government of the Republic of Lithuania shall approve the pension base upon recommendation of the Ministry of Social Security and Labour (amended 4 November 1997) ARTICLE
  4. Right to Select Type of State Pension Based upon the choice of the individual, entitled to draw several state pensions, he shall be paid only one such, with the exception of state pensions to survivors and orphans, which also may be paid as one, in conjunction with one of the state pensions. Based upon the choice of the individual entitled to draw a the State survivor pension, indicated in paragraphs 2-4 of Article 1, part 1 (amended 4 November 1997) of this Law, for a deceased pension recipient and the State social insurance survivors’ pension, he shall be paid a State survivors’ pension or a state social insurance pension for survivors. “ The amount of state pensions established by paragraphs 3-5, Article 1, of this Law, in conjunction with the state social insurance pension to one person, may not exceed the amount of a one and one half wage payment of the average monthly wages of state sector and employees in the Republic of Lithuania economy, for the month preceding last month prior to pension payment, as announced by the Department of Statistics at the Government of the Republic of Lithuania. The institution paying the state pension shall apply limitation of pension amount.” (amended 4 July 1995) (amended 4 November 1997) II. CHAPTER FIRST AND SECOND DEGREE STATE PENSIONS OF THE REPUBLIC OF LITHUANIA Article
  5. Right to Draw First or Second Degree State Pension “Citizens of the Republic of Lithuania, particularly those who have achieved merit in establishing and developing the statehood, economy, culture, science, art, and sport of Lithuania, defending state independence, territorial integrity and constitutional order, and those most distinguished participants in the struggle against the 1940-1990 occupations (amended 2 December 1997) and also mothers who have given birth to and have raised 10 or more children and have provided them with a good upbringing, if these persons have reached pensionable age established by the Law on State Social Insurance Pensions, as pensionable age (hereinafter - pensionable age), or have been certified with group I or II disability, shall be entitled to receive first or second degree state pensions of the Republic of Lithuania (hereinafter-first or second degree state pension).Persons who had performed work under extraordinary working conditions, for which compensation is awarded according to Article 56 of the Law on State Social Insurance Pensions, shall have the right to receive first or second degree state pension to cover compensation for the number of months equivalent to the number of months remaining until pensionable age is reached. “ (amended 4 July 1995) In accordance with the procedure established by this Law, the highest state officials shall also be entitled to first or second degree state pensions. In accordance with the procedure established by this Law, the participants in the armed struggle (resistance) namely, military volunteers shall be entitled to first degree state pension, (Amended 2 December 1997) The Signers of the Indepense Act of Lithuania shall be entitled to a first degree state pension in accordance with the procedure established by this Law. (Amended 9 June 1998) ARTICLE
  6. Awarding and Discontinuation of First and Second Degree State Pensions The Government of the Republic of Lithuania shall, upon recommendation by the Pension Commission For First and Second Degree State Pension Awards of the Republic of Lithuania, award a first degree pension. The Pension Commission For First and Second Degree Pension Awards of the Republic of Lithuania, shall award a second degree state pension. More than 15 (amended 12 December 1995) first degree and over 45 (amended 4 November 1997) second degree state pensions may not be awarded within the course of one calendar year. Participants in the armed struggle (resistance) namely, military volunteers, shall be awarded a first degree state pension by the Government, without limiting the allotment of number of state pensions per calendar year, in accordance with the lists submitted by the Genocide and Research Centre of Lithuania. (Amended 2 December 1997) The Signers of the Indepence Act of Lithuania shall be awarded a first degree state pension by the Government, on the recommendation of the Republic of Lithuania Commission on the Awarding of First and Second Degree State Pensions, without limiting the number of first degree state pensions awarded in one calendar year.(Amended 9 Jun 1998) Individuals, who have been adjudged by the court to have been guilty of perpetrating a premeditated crime, shall have the first or second degree state pension award discontinued, effective from the day the court decision comes into effect. ARTICLE
  7. Pension Awards Commission of First and Second Degree State Pensions of the Republic of Lithuania The Pension Commission For First and Second Degree State Pension Awards functions at the Ministry of Social Security and Labour. The Commission includes the Minister of Social Security and Labour, who is the Commission chairman, and 12 members, comprised of 4 Seimas members (equally comprised of majority and opposition representatives), governing and administration institutions and public representatives. In addition to the commission chairman, state authorities and administration are represented by the Minister of Culture and one of the vice-ministers (amended 25 March 1997) of the Ministry of Social Security and Labour. The commission is formed per decision of the Government. The Commission shall examine requests submitted by institutions of the highest state authority and government and the Genocide and Resistantce Research Centre of Lithuania, (Amended 2 December 1997) to award a first or second degree state pension. The Commission bases itself on this law and regulations governing the awarding and payment of first and second degree state pensions, approved by the Government. “The Commission shall have the right to award a second degree state pension, upon recommendation by city and regional governments or a district administration, to mothers, who have given birth, raised and provided a good upbringing for ten or more, children, without applying the restrictions indicated in part three of Article 5.” (amended 4 July 1995) The Commission shall also have the right to award first or second degree state pensions to the most distinguished participant in the resistance against the 1940-1990 occupations, without limiting the number of first or second degree number allottment per calendar year. Upon recommendation by the Ministry of National Defense, the Commission shall have the right to award first or second degree state pensions to soldier participants in the 1918 - 1920 struggles for independence, without limiting the number of first or second degree state pension allottment per calendar year. (Amended 2 December 1997) ARTICLE
  8. State Pensions to Top Officials of the Republic of Lithuania According to the Law on the President of the Republic of Lithuania, a state pension for the President of the Republic shall be awarded and paid the President of the Repub lic upon culmination of his state service. First degree state pensions shall be awarded to individuals who had occupied the posts of Speaker of the Seimas, Prime Minister, Supreme Court Chairman, and Constitutional Court Chairman of the Republic of Lithuania, provided that they had occupied the positions listed in this part for a minimum of at least two years. These individuals shall be awarded a pension upon attaining pensionable age or upon determination of Group I or II disability. The restrictions listed in part three of Article 5 of this Law shall not apply to pensions, awarded to individuals listed in part two of this Article, and survivor and orphan pensions, awarded in accordance with Article 9 of this Law. The right of the Chairman of the Supreme Council of the Republic of Lithuania to receive a Republic of Lithuania State Pension shall be equivalent to the right of the Speaker of Seimas. State Pensions of the Republic of Lithuania may not be awarded and those already in existence, must be discontinued to individuals listed in this Article, should they be relieved of their duties due to charges brought against them or, if pursuant to their being relieved of their duties, they were subsequently tried for committing a premeditated crime. ARTICLE
  9. Size of First and Second Degree State Pensions A first degree state pension shall be equivalent to the amount of four state social security pension bases (amended 4 November 1997). A second degree state pension shall be equivalent to the amount of two social security pension bases (amended 4 November 1997). First and second degree state pensions shall be paid irrespective of the income of individual receiving them. ARTICLE
  10. Payment of First or Second Degree Pensions, upon Death of Recipient Upon the death of a recipient of first or second degree state pension, the pension shall be paid to individuals who took care of his burial, for the month during which the death occurred, provided it had not yet been paid, and shall extend in the same amount to cover a two-month period. Upon death of the recipient of a first or second degree state pension, a state pension for survivors and orphans shall be awarded to those individuals, pursuant to same conditions and pension amounts belonging to the recipient, as indicated in the articles of the Law on Social Insurance Pensions, that regulate state social insurance pensions to survivors and orphans. This rule shall also apply upon death of the individual, who would have had the right to receive a first state pension according to part four of Article 4 and Article 7 of this Law, as having reached pensionable age. (Amended 9 June 1998) ARTICLE
  11. Regulations Governing Payment of First and Second Degree State Pensions and Personal Pensions First and second degree state pensions shall be granted and paid from January 1, 1995, based on this Law and Regulations For Granting And Payment of First and Second Degree State Pensions of the Republic of Lithuania, approved by the Government. The Commission For First and Second Degree State Pension Awards of the Republic of Lithuania must by July 1, 1995, again review, the pensions awarded prior to coming into force of this Law, personal and republic and personal pensions of local significance (hereinafter - personal pensions), of the Republic of Lithuania. Pensions, certified per commission approval as first or second degree state pensions, in the amount established by this law, shall be paid from January 1,
  12. Restrictions from part three, Article 5 of this Law shall not apply to these pensions. The following procedure for pension payment shall apply to personal pension recipients, for whom the right to obtain a larger first or second degree pension has not been approved by the commission: 1) if a personal pension recipient is entitled to receive a larger first or second degree state pension, a larger state social insurance pension or both of these pensions, the sum of which would be larger than that of a personal pension, or he receives such entitlement later, and due to this entitlement, a personal pension or another pension of his choice is paid. 2) should the recipient of a personal pension have the right to receive a smaller first or second degree state or social insurance pension or has no right to receive any such pensions, payment of the earlier personal pension shall continue, which shall also be indexed as a state social insurance pension (amended 4 November 1997). Should the individual be paid a personal pension and at the same time be entitled to receive a smaller social insurance pension, the sum of this state social insurance pension shall be transferred to the state budget from the state social insurance fund. The personal pensions allotted prior to the coming into effect of this Law, shall be paid based on this Law and Regulations For Awarding First and Second Degree State Pensions of the Republic of Lithuania. III . CHAPTER STATE PENSIONS FOR VICTIMS ARTICLE
  13. Individuals Entitled to State Pensions for Victims Entitlement to state pensions for victims shall apply to permanent residents of Lithuania who are not recipients of similar pension payments from another state (with the exception of social insurance pension) or other permanent compensation payments: (amended 11 July 1996): 1) became victims as a result of aggression perpetrated during January 11-13, 1991 and subsequent events; 2) “political prisoners and deportees, pursuant to presentation of documents of law protection institutions (rehabilitation certificates) of the Republic of Lithuania, attesting to restoration of political prisoners’ and deportees’ rights;” (amended 4 July, 1995) 3) members of the resistance and participants in opposition to the soviet occupation, who, have been certified according to established procedure, as resistance and opposition participants; 4) those who in the course of WW II were deported for forced labour purposes outside former USSR boundaries (children over the age of 14) (amended 11 July, 1996) or were committed to ghettos and concentration camps; 5) those who during the course of WW II served in active armies, partisan detachments or units of anti-Hitlerite coalition states’; (amended 11 July, 1996) 6) participants in elimination of the consequences of the accident at Chernobyl Nuclear Power Station; 7) those who became disabled as a result of compulsory military service or military training in the Soviet Army (July 22, 1945 - December 31, 1991), or were later certified as disabled due to illnesses incurred in connection with military service. (amended 11 July, 1996) Also entitled to state pensions for victims, in accordance with conditions provided for by this Law, shall be the parents, spouses and children of: 1) individuals who perished as a result of aggression perpetrated during January 11-13, 1991 and subsequent events; 2) individuals who perished in the course of actions of resistance and opposition to the soviet occupation, and also, those who were killed or who died in the course of unlawful imprisonment or exile; 3) individuals who perished during or, as a result of, activities in eliminating the consequences of the accident at Chernobyl Nuclear Power Station; 4) individuals who perished during or as a result of compulsory military service in the Soviet Army (July 22, 1945 - December 31, 1991), or those who died subsequently as a result of illnesses incurred in connection with military service) (amended 11 July, 1996). The Center for the Investigation of Population Genocide and Resistance of Lithuania shall confirm the list of ghettos and concentration camps. (amended 11 July, 1996) State pensions for victims shall not be awarded to individuals listed in parts one and two of this Article if during the period of 1939-1990, they served or worked in the penal, anti-guerrilla detachments or units, structures of State Security Committee of the former USSR and other structures, whose activity had been devoted to combat against the resistance movement in Lithuania or perpetration of the genocide of the Lithuanian population. The Government of the Republic of Lithuania shall approve the list of the services and positions for serving in which persons shall not be awarded state pensions for victims. (amended 4 November 1997) ARTICLE
  14. State Pensions for those who Became Victims as a Result of Aggression Perpetrated January 11-13, 1991 and Subsequent Events and Members of their Families State Pension For Persons who became victims shall be awarded to individuals who became disabled as a result of aggression perpetrated January 11-13, 1991 and subsequent events. This pension shall be awarded to those individuals who: 1) have been certified with Group I or Group II disability, in the amount of 1.5 of the state pension base (amended 4 November 1997) In addition, Group I disabled shall be paid 0.5 of the state social insurance basic pension, sick care, provided that this supplement is not paid by the state social insurance fund; 2) have been certified with Group III disability, in the amount of state pension base (amended 4 November 1997). The state pension for victims shall be awarded to mothers of persons who perished as result of aggression, perpetrated January 11-13,1991 and subsequent events, who have reached the age of 50 or are certified as disabled, and also, to their fathers, who have reached pensionable age or have been certified a s disabled. These individuals shall be paid two basic state social security pensions (amended 12 December 1995) of persons who are victims. ARTICLE
  15. State Pensions for Victims who are Disabled A state pension for victims, listed in paragraphs 2-6 of Article 11 of this Law, who have become the disabled of the I or II group or have reached pensionable age, shall be awarded and paid a state pension in the amount of a state pension base, (amended 4 November 1997) except in instances provided for in part two of this Article. The state pension for victims shall be paid as follows, to those individuals listed in paragraphs 2-7 of part one of this Law, who became disabled as a result of unlawful imprisonment and exile, in the course of actions of resistance and opposition to the soviet occupation, while taken for forced labour, kept in ghettos and concentration camps, and also, participating in hostile actions and fulfilling compulsory military service or military training in the Soviet Army, or have later been recognised as disabled due to illnesses linked with military service (amended 22 April 1997), or due to effects of work in eliminating consequences of the Chernobyl Nuclear Power Station accident: 1) to I and II group disabled an equivalent in the amount of 1.5 state pension. In base (amended 4 November 1997) addition, an equivalent in the amount to 0.5 state social insurance basic pension nursing care supplement shall be paid to Group I disabled, provided this supplement is not paid from the state social insurance fund; 2) III group disabled equivalent to 0.75 of state pension base ( amended 4 November 1997) amount. State pensions for victims shall also be awarded and paid to parents of persons indicated in paragraphs 2 and 4, part 2, of Article 11 of this Law, who have joined the ranks of the disabled of the I or II disabled or have reached pensionable age, and shall be equivalent to the state pension base (amended 4 November 1997) amount. ARTICLE
  16. Victims’ State Pensions for Survivors and Orphans State pensions for widows and orphans of victims shall be awarded to persons who perished due to aggression perpetrated January 11-13, 1991 and subsequent events: 1) to orphans (children or adopted children) up to 18 years of age, as well as those over 18, provided they became disabled prior to their 18th birthday and also, for students and pupils of secondary schools and registered according to the established procedure, universities, non-university level colleges and full time departments of vocational schools, until they complete these schools, but not extending beyond age 24; 2) to widows, who have not remarried, regardless of their age (amended 4 November 1997) 3) to widows, who have not remarried (amended 12 December 1995), raising the deceased person’s children (adopted children) and also, those providing home care for the deceased person’s children (adopted children) who have Group I disability, who became disabled, prior to reaching their 18th birthday, and if these children (adopted children) receive an orphan’s pension.”(No longer valid 4 November 1997). Each of these persons shall be paid a widow or orphan pension equivalent to two state pension base. (amended 4 November 1997) State pensions of victims for survivors and orphans shall also be awarded: 1) upon the death of a person certified disabled as result of aggression perpetrated January 11-13, 1991 and subsequent events (part one, Article 12); 2) to a person who perished in the course of resistance and opposition to soviet occupation actions, as well as one who perished or died in the course of unlawful imprisonment or deportation; 3) upon the death of a person due to effects of the work of elimination the consequences of Chernobyl Nuclear Power Station accident; 4) upon death or loss of a person in the line of compulsory military service, or military training, in the Soviet Army; (7/22/1945 - 12/31/1991), or his subsequent death due to military service-related illnesses. (amended 11 July 1996); 5) upon death of persons listed in Paragraphs 2-3 and 5 of part one, Article 11 of this Law, and paragraphs 4 and 7 of part one of Article 11, who in accordance with the established procedure had been certified disabled prior to their death (amended 11 July 1996). The state pension for spouses and children of persons, listed in part three of this Article, shall be paid in accordance with the same conditions and in like amounts to the victims’ state pension to which a recipient is entitled, as indicated in the articles of the Law on State Social Insurance Pensions, which regulate state social insurance pensions for widows and orphans. If the deceased (dead) person did not have a victims’ state pension awarded him, in establishing a widow and orphan pension amount, an amount equivalent to 1.5 of the state pension base (amended 4 November 1997)shall be construed as entitlement of the deceased (dead) person. ARTICLE
  17. Payment of Victims’ State Pensions Victims’ state pensions shall be awarded and paid by territorial departments of State Social Insurance Fund Administration, guided by this Law, the Law on State Social Insurance Pensions and Statutes on State Social Insurance Pension Awarding and Payment. Expenses incurred by the State Social Insurance Fund in pension awarding, payment and delivery shall be compensated from the state budget. Victims’ state pensions shall be awarded and paid and disputes concerning such shall be examined, according to procedure on state social insurance pensions, established by the Law on Social Insurance Pensions and Chapter V of the Pension Law and also, the Statutes on State Social Insurance Awarding and Payment. Victims’ state pensions shall be awarded to persons who became disabled as a result of the aggression perpetrated during January 11-13 and subsequent events and, in instances established by this Law, to their parents, spouses and children, upon presentation of a General Procuracy of the Republic of Lithuania certification, (amended 11 July 1996), to participants in resistance and opposition activities against the soviet occupation and also, in accordance with instances provided for by this Law, to their parents, spouses and children, upon presentation of certification by the Centre For Investigation of Genocide of Lithuania’s Residents and the Resistance, whereas certification by the Ministry For State Defence shall be required for individuals who during the period of World War II served in the active armies and partisan detachments or units of the anti-Hitlerite coalition states, who also became disabled as a result of participation in military activities and for individuals, who became disabled, as a result of compulsory military service or military training in the Soviet Army, and for appropriate family members of those who perished (died) in the course of such service or training (amended 11 July 1996).. Victims’ state pensions shall be paid to victims irrespective of their other income. Payment of victims’ state pensions shall cease to recipients upon their taking up permanent residence abroad. Upon the death of recipient of a victims’ state pension, pension payment for the month during which the death occurred, shall be paid to the persons who took care of his burial, provided it had not been paid previously, with payment extending to cover an additional two-month period. ARTICLE
  18. Coming into Effect of the Law This Law shall come into effect from January 1,
  20. The State pensions, allotted prior to the coming into effect of this Law shall be recalculated according to the provisions of this Law from January 1,
  21. (Amended 4 November 1997) The pensions indicated in this Law shall be awarded from the time this Law comes into effect. Pensions for survivors and orphans, shall be awarded only to those individuals whose death occurred following the coming into effect of this law, with the exception of those indicated in Article
  22. (amended 22 April 1997) Pensions which have been awarded to victims prior to the coming into effect of this Law, shall be recalculated according to the procedure and time limits established by this Law and the Law on State Social Insurance Pensions. Loss of breadwinners’ pensions, awarded prior to coming into force of this law shall be recalculated only with respect to persons indicated in the first part of Article 14 of this Law. State pensions for victims shall not be paid together with non-related pensions that have been awarded according to the laws that existed, prior to coming into effect of this Law. (Repealed 4 July , 1995). II. Amendments of and additions to the law are applied from January 1, 1995, with the exemption of amendments to Article 3, which come into effect on the day of passage of the law. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS

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