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LIETUVOS RESPUBLIKOS

Trumpai

Šis įstatymas nustato teisę į valstybinę socialinio draudimo pensiją, jos rūšis ir struktūrą, taip pat asmenis, kurie privalomai draudžiami valstybiniu socialiniu pensijų draudimu. Jis užtikrina pensijas Lietuvos Respublikos nuolatiniams gyventojams ir tam tikriems užsieniečiams, kurie buvo drausti pensijų draudimu.

Ką jis reguliuoja

  • Teisę į valstybinę socialinio draudimo pensiją.
  • Asmenis, kurie privalomai draudžiami valstybiniu socialiniu pensijų draudimu.
  • Valstybinių socialinio draudimo pensijų rūšis, įskaitant senatvės, netekto darbingumo, našlių ir našlaičių pensijas.
  • Pensijų struktūrą, kurią sudaro pagrindinė dalis, papildoma dalis ir priedas už stažą.

Kam tai aktualu

  • Nuolatiniams Lietuvos Respublikos gyventojams, kurie buvo drausti valstybiniu socialiniu pensijų draudimu.
  • Tam tikriems užsieniečiams, nuolat gyvenantiems Lietuvoje arba turintiems leidimą laikinai gyventi dėl aukštos kvalifikacijos darbo, kurie buvo drausti pensijų draudimu.
  • Asmenims, kurie privalomai draudžiami valstybiniu socialiniu pensijų draudimu, įskaitant valstybės tarnautojus, karius, savarankiškai dirbančius asmenis ir kitas nurodytas grupes.

Pagrindiniai punktai

  • Teisę į pensiją turi asmenys, kurie buvo privalomai drausti valstybiniu socialiniu pensijų draudimu arba savarankiškai draudėsi įstatymo nustatytu laikotarpiu.
  • Valstybinės socialinio draudimo pensijos yra mokamos iš Valstybinio socialinio draudimo fondo biudžeto.
  • Pensijos susideda iš pagrindinės dalies, papildomos dalies ir priedo už stažą.
  • Asmenys, turintys teisę į kelias pensijas, gali pasirinkti didesnę pensiją arba vieną iš jų, išskyrus tam tikrus atvejus, kai pensijos mokamos kartu.
Įstatymo tekstas
Įstatymo tekstas

LIETUVOS RESPUBLIKOS REPUBLIC OF LITHUANIA LAW ON STATE SOCIAL PENSION INSURANCE PENSIONS 18 July 1994 – No I-549 (As last amended on 29 June 2012 – No XI-2170) Vilnius CHAPTER I GENERAL PROVISIONS SE

Article 15before 1 January 2013: Article 15.

A Person's Alternative Insured Income A person’s alternative insured income (hereinafter referred to as “alternative income”) shall be considered to be the insured income of the persons who received the invalidity or work incapacity pension during the period when the said pensions were received. It shall be calculated by multiplying the most recent coefficient (K) of a person’s insured income as recorded in an invalidity or work incapacity pension file by the insured income of the year (average monthly insured income of that year) as valid during the year for which the alternative income is calculated and by the number of the months during which that year the person was paid the invalidity or work incapacity pension. Where the supplementary part of the invalidity or work incapacity pension consisted of two separate parts (paragraph 2 of Article 56), the coefficient (k or K) of a person’s insured income of a part covering the year during which the person received the invalidity or work incapacity pension shall be used to calculate the alternative income. Where the coefficient of a person’s insured income has been changed in accordance with the procedure laid down by this Law, the coefficient valid prior to the first change shall be used. Alternative income shall be used when calculating the record of a person’s state social pension insurance and the coefficient of the person’s insured income where state social insurance old-age pensions are awarded in the cases indicated in paragraph 4 of Article 8 of this Law.

Article 15as of 1 January 2013: Article 15.

A Person's Alternative Insured Income A person’s alternative insured income (hereinafter referred to as “alternative income”) shall be considered to be the insured income of the persons who received the invalidity or work incapacity pension during the period when the said pensions were received. It shall be calculated by multiplying the most recent coefficient (K) of a person’s insured income as recorded in an invalidity or work incapacity pension file by the insured income of the year (average monthly insured income of that year) as valid during the year for which the alternative income is calculated and by the number of the months during which that year the person was paid the invalidity or work incapacity pension. Where the supplementary part of the invalidity or work incapacity pension consisted of two separate parts, the coefficient (k or K) of a person’s insured income of a part covering the year during which the person received the invalidity or work incapacity pension shall be used to calculate the alternative income. Where the coefficient of a person’s insured income has been changed in accordance with the procedure laid down by this Law, the coefficient valid prior to the first change shall be used. Alternative income shall be used when calculating the record of a person’s state social pension insurance and the coefficient of the person’s insured income where state social insurance old-age pensions are awarded in the cases indicated in paragraph 4 of Article 8 of this Law. Article

  1. Insured Income of a Year
  2. The insured income of the current year shall, at least once per year, be approved by the Government on the recommendation of the State Social Insurance Fund Council when establishing the beginning of the application of this income. The insured income of the current year shall be calculated according to the methods approved by the State Social Insurance Fund Council taking into account the revenue and expenditure of the budget of the State Social Insurance Fund of the respective year or of a respective period of the year. This insured income shall be the basis for calculation of the supplementary part of the state social insurance old-age pension (Article 24).
  3. The insured income of the past year shall, not later than until 1 March of the current year, be approved by the State Social Insurance Fund Council on the recommendation of the State Social Insurance Fund Board under the Ministry of Social Security and Labour (hereinafter referred to as “the State Social Insurance Fund Board”). The insured income of a year shall be calculated according to the methods approved by the State Social Insurance Fund Council taking into account the insured income of the current year as valid that year and approved by the Government. The insured income of a year shall be the basis for the calculation of a person’s annual coefficient of insured income (paragraphs 1 and 2 of Article 17). Article
  4. Calculation of the Annual Coefficient of Insured Income
  5. The coefficient of an insured person’s insured income for 1995-2001 shall be calculated by dividing the person's insured income of a calendar year by the number of the months included for such person in the record of state social pension insurance acquired while working under an employment contract or on the basis of membership or service (hereinafter referred to in this Article as “the record of insurance”) and by average monthly insured income of that year. The coefficient of an insured person’s insured income for 2002 and every subsequent year shall be calculated by diving the person’s insured income of a respective calendar year by the number of the months included for this person in the record of insurance and by the insured income of that year (paragraph 2 of Article 16).
  6. Where a pension is awarded prior to the approval of the insured income of the preceding year, the coefficient of a person’s insured income shall be calculated according to the insured income of the year before the preceding year. Upon the approval of the insured income of the preceding year, the pension awarded shall, taking account of this income, be recalculated of the awarding of the pension provided this is of benefit to the recipient of the pension.
  7. Where it is expedient to calculate the coefficient of a person’s insured income according to the insured income received by the person during the retirement year, the coefficient of the current year shall be calculated by dividing the insured income received during the person’s retirement year by the number of the months included that year for this person in the record of insurance and by the approved insured income of the current year. Upon the approval of the insured income of the retirement year, the pension awarded shall, taking account of this income, be recalculated of the awarding of the pension provided this is of benefit to the recipient of the pension.
  8. Where a person who is, on a compulsory basis and in accordance with the procedure laid down by this Law, covered by state social pension insurance to receive the basic and supplementary part of a pension has selected to participate in the accumulation of pensions under the Law on Reform of the Pension System and where a cumulative pension contribution was transferred to a pension fund from the entire amount of insured income received by him in the appropriate calendar year, calculation of the amount of his old-age pension shall involve calculation of his annual coefficient of insured income for every year of participation in the accumulation of pensions by multiplying the annual coefficient of insured income as calculated according to paragraph 1 of this Article by amount c, which is calculated according to formula c = (tp – tk) / tp, where: tp – a portion of the rate of the state social pension insurance contribution for that year established for the supplementary part of the state social insurance old-age pension and approved by the Law on the Approval of the Indicators of the Budget of the State Social Insurance Fund; tk – the rate of the cumulative pension contribution for that year as approved by the Law on the Approval of Indicators of the State Social Insurance Fund Budget. Where the Law on the Approval of the Indicators of the Budget of the State Social Insurance Fund approves several rates of the cumulative pension contribution, the rates approved for an appropriate category of insured persons during separate periods shall apply, and the annual coefficient of these persons’ insured income shall be calculated in accordance with the procedure laid down by paragraph 5 of this Article.
  9. Where during the year for which the annual coefficient of insured income is calculated the persons indicated in paragraph 4 of this Article had the insured income from which a cumulative pension contribution was transferred to a pension fund or/and received (receive) state social insurance allowances and unemployment social insurance benefits, the amount c (paragraph 4 of this Article) shall be multiplied by the aggregate amount of a person’s income of that year from which the cumulative pension contribution was transferred to the pension fund. The aggregate amount of the person’s income which was received that year and from which the cumulative pension contribution was transferred to the pension or/and the calculated state social insurance allowances and unemployment social insurance benefits shall be added to the aggregate amount obtained, and subsequently the annual coefficient of insured income shall be calculated in accordance with the procedure laid down in paragraphs 1-3 of this Article. Where several amounts c were calculated in the year for which the annual coefficient of insured income is calculated, the aggregate amount of the person’s income which was received for the appropriated period and from which the cumulative pension contribution was transferred to the pension shall be multiplied by the amount c of that period. The aggregate amounts shall be added up and the annual coefficient of insured income shall be calculated in accordance with the procedure laid down in paragraphs 1-3 of this Article. Article
  10. Calculation of the Annual Coefficient of Insured Income for a Period during which a Person Received the State Social Insurance Invalidity or Work Incapacity Pension The annual coefficient of insured income of a calendar year or retirement year during which a person received the invalidity or work incapacity pension shall be calculated as follows: 1) if during that year the person received insured income (Article 14), the larger income shall be selected: either the aggregate amount of the insured income received by the person that year (in respect of participants in the accumulation of pensions, this aggregate amount shall be multiplied by amount c as indicated in paragraph 4 of Article 17 of this Law, if necessary provisions of paragraph 5 of Article 17 shall apply), or the alternative income calculated in accordance with the procedure laid down in Article 15 of this Law. The selected larger income shall be divided by the number of the months included in the record of insurance that year for a person and by the insured income of that year (average monthly insured income of that year); 2) if during that year a person did not receive insured income (Article 14), the coefficient of the person’s insured income shall be calculated according to alternative income (Article 15), which shall be divided by the number of the months included in the record of insurance that year for this person and by the insured income of that year (average monthly insured income of that year).

Article 19before 1 January 2013: Article 19.

Coefficient of a Person's Insured Income

  1. The coefficient of an insured person's insured income shall be calculated as the weighted average of annual coefficients based on the twenty-five most favourable calendar years of the person's record of state social pension insurance after 1 January 1994 as selected by the person, where the record of insurance was acquired while working under an employment contract or on the basis of membership or service. The procedure for the entery into force of this provision shall be laid down in Article 56 of this Law.
  2. If a person's record of state social pension insurance acquired while working under an employment contract or on the basis of membership or service is less than the number of years specified in paragraph 1 of this Article, the coefficient of the person's insured income shall be calculated on the basis of the acquired record of insurance.
  3. If a person’s record of insurance consists only of the record of insurance acquired during the retirement month, the ratio of the monthly wage established for the insured person under an employment or other contract to the insured income of the current year as valid in the retirement month shall be considered to be the coefficient of insured income. Where no wage has been established, it shall be considered that it is equal to the minimum monthly salary as valid in that month and established by a resolution of the Government. Where different amounts of these salaries have been established, it shall be equal to the minimum monthly salary of the largest amount.

Article 19as of 1 January 2013: Article 19.

Coefficient of a Person's Insured Income

  1. Where a person’s entire record of state social pension insurance acquired while working under an employment contract or on the basis of membership or service consists of the record of insurance acquired after 1 January 1994, the coefficient of a person’s insured income shall be calculated as the weighted average of annual coefficients based on the twenty-five most favourable calendar years of this record of insurance.
  2. If a person's record of state social pension insurance acquired while working under an employment contract or on the basis of membership or service after 1 January 1994 is less than the number of years indicated in paragraph 1 of this Article, the coefficient of the person's insured income shall be calculated on the basis of the acquired record of insurance.
  3. If a person’s entire record of insurance acquired while working under an employment contract or on the basis of membership or service consists only of the record of insurance acquired during the retirement month, the ratio of the monthly wage established for the insured person under an employment contract or another contract to the insured income of the current year as valid in the retirement month shall be considered to be the coefficient of insured income. Where no wage has been established, it shall be considered that it is equal to the minimum monthly salary as valid in that month and established by a resolution of the Government. Where different amounts of these salaries have been established – the minimum monthly salary of the largest amount.
  4. Where a person has a record of insurance acquired by him while working under an employment contract or on the basis of membership or service before 1 January 1994, the coefficients of insured income shall be calculated in accordance with the procedure laid down in Article 56 of this Law. CHAPTER II STATE SOCIAL INSURANCE OLD-AGE PENSIONS Article
  5. Entitlement to the State Social Insurance Old-Age Pension
  6. A person shall be entitled to the state social insurance old-age pension if he fulfils all of the following conditions: 1) attains the old-age retirement age as specified by this Law; 2) has the minimum record of state social pension insurance as specified for the old-age pension.
  7. A person must meet the requirements set forth in subparagraph 2 of paragraph 1 of this Article on the day he attains old-age retirement age or on the day he applies for the pension already after attaining old-age retirement age. Article
  8. Old-Age Retirement Age
  9. The old-age retirement age shall be 65 years.
  10. The procedure for the entry into force of this Article shall be laid down in paragraph 2 of Article 57 of this Law. Article
  11. Minimum and Obligatory Record of Insurance for the Old-Age Pension
  12. The minimum record of state social pension insurance for the state social insurance old-age pension shall be 15 years.
  13. The obligatory record of state social pension insurance for the state social insurance old-age pension shall be 30 years as of 1 January 1999 for males and as of 1 January 2004 for females. Article
  14. Amount of the Basic Part of the State Social Insurance Old-Age Pension
  15. The basic part of the state social insurance old-age pension shall be equal to 110% of the state social insurance basic pension provided the person has the obligatory state social pension insurance record for the old-age pension.
  16. If a person does not have the obligatory record of state social pension insurance for the old-age pension, but has the minimum record of state social pension insurance for the old-age pension, the basic part of the state social insurance old-age pension shall be calculated in proportion to the person’s record of insurance by multiplying the amount of 110% of the state social insurance basic pension and the person's record of insurance and dividing by the obligatory record of insurance.

Article 24before 1 January 2013: Article 24.

Amount of the Supplementary Part of the State Social Insurance Pension The supplementary part of the state social insurance old-age pension shall be calculated for the persons entitled to the state social insurance old-age pension and having the record of state social pension insurance acquired while working under an employment contract or on the basis of membership or service, according to formula 0.005 x S x K x D, where: S – the person’s record of state social pension insurance acquired while working under an employment contract or on the basis of membership or service; K – the coefficient of the person’s insured income (Article 19); D – the insured income of the current year as valid in the month for which the pension is paid and approved by the Government.

Article 24as of 1 January 2013: Article 24.

Amount of the Supplementary Part of the State Social Insurance Old-Age Pension The supplementary part of the state social insurance old-age pension shall be calculated for the persons entitled to the state social insurance old-age pension and having the record of state social pension insurance acquired while working under an employment contract or on the basis of membership or service, according to formula 0.005 x s x k x D + 0.005 x S x K x D, where: s – the person’s record of state social pension insurance acquired while working under an employment contract or on the basis of membership or service before 1 January 1994; k – the coefficient of the person’s insured income (Article 56); S – the person’s record of state social pension insurance acquired while working under an employment contract or on the basis of membership or service after 1 January 1994; K – the coefficient of the person’s insured income (Article 19); D – the insured income of the current year as valid in the month for which the pension is paid and approved by the Government. Article 24

(1). Amount of a State Social Insurance Old-Age Pension Bonus for the Length of the Record The amount of a state social insurance old-age pension bonus for the length of the record shall be calculated by multiplying 3% of the state social insurance basic pension by the sum of every full year of the state social pension insurance record (paragraphs 1-3, 5, and 6 of Article 8, paragraph 1, subparagraphs 1-9 of paragraph 2, paragraphs 3 and 4 of Article 54) exceeding 30 years and acquired before the month of retirement. Article 25. Calculation of the State Social Insurance Old-Age Pension for a Person Awarded the State Social Insurance Old-Age Pension under the Law on the Early Payment of State Social Insurance Old-Age Pensions. 1. In respect of a person who has received the state social insurance old-age pension under the Law on the Early Payment of State Social Insurance Old-Age Pensions (hereinafter referred to as “the early old-age pension”), the amount of the state social insurance old-age pension as calculated in accordance with the procedure laid down by this Law 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. 2. In respect of the persons who were awarded the early old-age pension until 1 January 2012, the calculated amount of the state social insurance old-age pension shall be reduced by the amount consisting of 0,4% of the pension multiplied by the number of the full months for which the person has received the early old-age pension until he attained the old-age retirement age specified before 1 January 2012: for females – 60 years and for males – 62 years and 6 months, irrespective of the actual period of payment of the early old-age pension. Article 26. Reduction of Old-Age Retirement Age and Obligatory Insurance Record for the Persons Suffering from Hypophyseal Nanism For the persons suffering from Hypophyseal Nanism (midgets), the old-age retirement age as specified in Article 21 shall be reduced by 15 years, and the obligatory and minimum insurance record as specified in Article 22 shall be reduced by 10 years. Article 27. Increase of the Old-Age Pension due to the Deferred Application 1. Where at a certain time a person becomes entitled to the state social insurance old-age pension under this Law and has the obligatory state social pension insurance record, but he does not take the pension and applies for it later, the pension shall be calculated for him according to the data at the moment of the application and shall be increased by 4 per cent of the calculated amount for each full year lapsed after the person having the obligatory insurance record becomes entitled to the old-age pension. 2. At the request of the person who receives the old-age pension and has the obligatory state social pension insurance record, the payment of the pension may be deferred. In this case, his pension shall be calculated anew according to the data at the moment of the application and shall be increased by 4 percent of the calculated amount for each full year lapsed after the deferment of payment. 3. The payment of pension having been deferred for an incomplete year, the pension shall be paid for the months of the last incomplete year of deferment, but it shall not be increased. 4. If an application for the pension is deferred for more than five years, the pension shall be increased only for five years of deferment. 5. By a decision of the State Social Insurance Fund Council, a larger percentage of the increase of the pension due to the deferred application may be established. CHAPTER III State Social Insurance WORK INCAPACITY PensionS Article 28. Entitlement to the State Social Insurance Work Incapacity Pension 1. The persons who, in accordance with the procedure laid down by the Law on the Social Integration of the Disabled, have been established a level of capacity for work and who are rated as incapable or partially capable of work (hereinafter referred to as “the persons incapable or partially capable of work”) shall be entitled to the social insurance work incapacity pension where these persons fulfil the conditions established in Articles 30 and 31 of this Law. 2. Entitlement to the state social insurance work incapacity pension shall be preserved when the persons recognised as persons with incapacity for work or partial incapacity for work attain the old-age retirement age during the period of receiving the state social insurance work incapacity pension. Where such persons are also entitled to the old-age pension, provisions of paragraph 1 of Article 5 of this Law shall apply. Article 29. Establishment of a Level of Capacity for Work and Percentage of Lost Capacity for Work 1. A person’s level of capacity for work, reason therefor, time of occurrence, time limit and percentage of the person’s lost capacity for work shall be established by the Disability and Capacity for Work Establishment Office under the Ministry of Social Security and Labour (hereinafter referred to in this Article as “the Service”). Percentage of lost capacity for work shall be entered in a certificate of a level of capacity for work issued to a person. 2. The State Social Insurance Fund Board shall have the right, in accordance with the procedure laid down by legal acts, to dispute decisions of the Service on a level of capacity for work, reason therefor, time of occurrence and time limit thereof. Article 30. Conditions of the Awarding of the Work Incapacity Pension 1. A person for whom a level of capacity for work is established for the first time and who is rated as incapable or partially capable of work shall become entitled to the state social insurance work incapacity pension, provided on the day of rating him as incapable or partially capable of work he has the minimum state social pension insurance record for the work incapacity pension. 2. A person not entitled to the state social insurance work incapacity pension under the condition indicated in paragraph 1 of this Article shall become entitled to it where he has the minimum state social pension insurance record for the work incapacity pension on the day of rating him as incapable or partially capable of work after a repeated examination or on the day of application for the pension. 3. The state social insurance work incapacity pension shall be awarded to a person until the expiry of the period of validity of the level of capacity for work established in respect of this person, with the exception of the case provided for in paragraph 2 of Article 28 of this Law. Article 31. Minimum and Obligatory State Social Pension Insurance Record for the Work Incapacity Pension 1. For the persons rated as incapable or partially capable of work, the following minimum state social pension insurance record for the work incapacity pension shall be established: until the person attains 22 years of age – 2 months, upon attaining 22 years of age, the minimum insurance record shall be increased each year by 2 months per year, upon attaining 38 years of age, the minimum insurance record shall be increased each year by six months per year, but may not exceed the minimum insurance record established for the old-age pension. 2. The obligatory state social pension insurance record for the work incapacity pension shall be established as follows: until the person attains 24 years of age – one year, upon attaining 24 years of age, the obligatory insurance record shall be increased each year by 4 months per year, upon attaining 38 years of age, the obligatory insurance record shall be increased each year by one year per year, but may not exceed the obligatory insurance record established for the old-age pension. Article 32. Calculation and Amount of the State Social Insurance Work Incapacity Pension 1. The state social insurance work incapacity pension shall be calculated for the persons entitled to this pension by summing up the basic and the supplementary parts of the work incapacity pension as well as a bonus for the length of record. When calculating the supplementary part of the work incapacity pension, the period during which unemployment social insurance benefits (before 1 January 2005 – unemployment allowances) were received (subparagraph 2 of paragraph 2 of Article 8) shall be included in the state social pension insurance record, and the unemployment social insurance benefits (before 1 January 2005 – unemployment allowances) calculated during the period of unemployment as included in the insurance record – in a person’s insured income (Article 14), where this is of benefit to the person. The same provision shall apply where a person received the unemployment social insurance benefit in the year of retirement due to the loss of capacity for work. 2. For the persons who have lost 75-100% of their capacity for work and have the obligatory state social pension insurance record for the work incapacity pension, the basic part of the work incapacity pension shall be equal to 150% of the basic state social insurance pension, and for the persons who have lost 60-70% of their capacity for work – to 110% of the basic state social insurance pension. Where a person’s insurance record is shorter than the obligatory insurance record, the basic part of his work incapacity pension shall be calculated by multiplying the amount of 150% of the basic state social insurance pension for the persons who have lost 75-100% of their capacity for work and the amount of 110% of the basic state social insurance pension for the persons who have lost 60-70% of their capacity for work by the insurance record acquired by them and dividing by the obligatory insurance record. 3. The supplementary part of the work incapacity pension shall be calculated for the persons who have the state social pension insurance record acquired while working under an employment contract or on the basis of membership or service, in the same manner as the supplementary part of the state social insurance old-age pension (Article 24), by including in the insurance record: 1) a person's entire state social pension insurance record acquired while working under an employment contract or on the basis of membership or service (paragraphs 2 and 3 of Article 8 as well as paragraph 1 and subparagraphs 1-9 of paragraph 2 of Article 54); 2) the number of years left until a person attains the old-age retirement age established for him (Articles 21 and 57). If the person's state social pension insurance record acquired while working under an employment contract or on the basis of membership or service is shorter than the obligatory state social pension insurance record for the work incapacity pension (Article 31), the insurance record shall not include the total number of years left until old-age retirement age, but a proportionately smaller part thereof, which shall be obtained by multiplying the number of the years left until old-age retirement age by the state social pension insurance record acquired by the person while working under an employment contract or on the basis of membership or service and dividing it by the insurance record obligatory for the work incapacity pension. 4. The state social insurance work incapacity pension for the persons who have lost 45-55 per cent of their capacity for work shall be calculated in the same manner as for the persons who have lost 60-70 per cent of their capacity for work and shall then be reduced by 50 per cent. 5. A state social insurance work incapacity pension bonus for the length of the record shall be calculated in the same manner as a state social insurance old-age pension bonus for the length of record (Article 24¹). In respect of the persons who have lost 45-55% of their capacity for work, the bonus thus calculated shall be reduced by 50%. Article 33. Calculation the State Social Insurance Work Incapacity Pension for a Person who Received the Early Old-Age Pension and/or Participated in the Accumulation of Pensions 1. For a person who had received the early old-age pension earlier or who was awarded the state social insurance work incapacity pension during the period of payment of the early old-age pension, the work incapacity pension shall be calculated in accordance with the procedure laid down by this Law without reducing amount thereof due to the awarding to the person of the early old-age pension prior to the awarding of the work incapacity pension In respect of a person who has received the early old-age pension and who, upon attaining the old-age retirement age, remains entitled to the state social insurance work incapacity pension (paragraph 2 of Article 28), the amount of the state social insurance work incapacity pension shall be reduced by the amount consisting of 0,4% of the pension multiplied by the number of the full months for which the person has received the early old-age pension. In respect of a person who was awarded the early old-age pension until 1 January 2012, the amount of the state social insurance work incapacity pension shall be reduced by the amount consisting of 0,4% of the pension multiplied by the number of the full months for which the person has received the early old-age pension until he attained the old-age retirement age specified before 1 January 2012: for females – 60 years and for males – 62 years and 6 months, irrespective of the actual period of payment of the early old-age pension. 2. In respect of a participant in pension accumulation who receives the state social insurance work incapacity pension, this pension shall be calculated in accordance with the procedure laid down by this law without reducing amount thereof due to the person’s participation in pension accumulation. In respect of a person who participated in pension accumulation and who, upon attaining the old-age retirement age, remains entitled to the state social insurance work incapacity pension (paragraph 2 of Article 28), the annual coefficients of insured income shall be calculated anew by applying respectively provisions of paragraphs 4 and 5 of Article 17 and Article 18 of this Law. CHAPTER IV STATE SOCIAL INSURANCE SURVIVOR'S AND ORPHAN'S PENSIONS Article 34. Entitlement to the Survivor’s or Orphan’s Pension 1. The spouse and children (adopted children) of a deceased person (or a person declared dead or missing in accordance with the established procedure) specified in Articles 35 and 38 of this Law shall be entitled to the state social insurance survivor's pension (hereinafter referred to as the “survivor’s pension”) or the state social insurance orphan's pension (hereinafter referred to as the “orphan’s pension”) where the person fulfilled the following conditions on the day of his death (of declaring him missing): 1) had acquired the right to receive the state social insurance work incapacity (where the person died before 1 July 2005 – invalidity) pension or old-age pension (depending on the age of the deceased person) or received one of these pensions – work incapacity (invalidity) or old-age pension; 2) the deceased person had acquired the minimum state social pension insurance record or an equivalent record required for the pension of an appropriate type while working in the undertakings, agencies or organisations of Lithuania, EU Member States or the member states of the European Economic Area (with the exception of the persons who, prior to their decease, received the work incapacity (invalidity) or old-age pension awarded and/or paid according to this Law or according to the pension laws in force in the Republic of Lithuania until 1 January 1995 as well as the political prisoners and deportees rehabilitated in accordance with the procedure laid down by laws of the Republic of Lithuania who acquired a part of their record during unlawful imprisonment or at the place of deportation and who shall not be subject to the requirement of acquisition of the minimum record while working in the undertakings, agencies or organisations of Lithuania, EU Member States or the member states of the European Economic Area). 2. The provisions specified in paragraph 1 of this Article in respect of awarding of the survivor’s pension to a deceased person’s spouse indicated in Article 35 of this Law shall not apply where the person deceased prior to 1 June 1991. 3. The survivor’s or orphan’s pension shall be awarded to the spouse and children (adopted children) of the persons deceased after the entry into force of the Law on State Social Insurance, i.e., after 1 June 1991, where the person was a permanent resident of the Republic of Lithuania on the day of his death. 4. The survivor's and orphan's pension shall not be awarded, and the payment of the pension already awarded shall be discontinued, to the persons who, by a court's judgment, have been convicted of a premeditated crime to the deceased for whom this pension had been awarded and was paid. Article 35. Persons Entitled to the Survivor’s Pension 1. The following persons shall be entitled to the survivor’s pension: 1) a widow or widower who has attained the old-age retirement age, regardless of their age when the death of their spouse occurred; 2) a widow or widower rated as incapable or partially capable of work (before 1 July 2005 – invalids), provided they fulfil one of the following conditions:
  1. a)had been rated as incapable or partially capable of work (before 1 July 2005 – invalids) prior to the death of their spouse or rated incapable or partially capable of work (before 1 July 2005 – invalids) within 5 years from the spouse’s death;
  2. b)were rated incapable or partially capable of work (before 1 July 2005 – invalids) while raising the deceased person's children (adopted children) under 18 years of age rated as disabled (before 1 July 2005 – invalids) as well as the deceased person’s children (adopted children) rated as having lost 75-100% of their capacity for work (before 1 July 2005 – Group I invalids), where such children (adopted children) were recognised as disabled (before 1 July 2005 – Group I invalids) before attaining 18 years of age. 2. Entitlement to the survivor’s pension shall be preserved where a widow or widower rated as capable of work after the awarding of the survivor’s pension are again rated as incapable or partially capable of work before the lapse of 3 years of the discontinuation of the payment of the survivor’s pension. 3. A widow or a widower who did not have children with the deceased spouse shall be entitled to the pension only if at least one year have passed from the day of marriage registration in accordance with the established procedure to the day of the spouse’s death. 4. In the event of remarriage, the survivor’s pension shall not be awarded to a widow or widower, and the payment of the pension already awarded shall be discontinued. Article 36. Amount of the Survivor’s Pension 1. For a widow or widower entitled to the survivor’s pension, the survivor’s pension shall be awarded in the basic amount of the state social insurance survivor’s pension (paragraph 2 of this Article). 2. The basic amount of the state social insurance survivor’s pension (hereinafter referred to as the “basic amount of the survivor’s pension”) shall be approved by the Government on the recommendation of the Ministry of Social Security and Labour. This amount may not be less than LTL 70. Article 37. Repealed on 1 January 2007. Article 38. Persons Entitled to the Orphan’s Pension 1. The right to receive the orphan’s pension shall be granted to the deceased person’s children and adopted children under 18 years of age as well as to older children where they had been rated 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) ever since attaining 18 years of age, also the deceased person’s children and adopted children rated before 1 July 2005 as invalids since childhood after attaining 18 years of age, but not longer than until they attain 24 years of age, and where they have been incapable or partially capable of work (invalids) ever since being rated as invalids. 2. The pupils who study according to the general education curriculum or formal vocational training programmes and students studying under full-time or continual study programmes of educational establishments registered in the Republic of Lithuania in accordance with the established procedure who have attained 18 years of age shall be entitled to the orphan’s pension until completion of education or studies under these programmes (with the exception of pupils of general education schools who are entitled to the orphan’s pension until 31 August of the year of completion of their education under these programmes), but not longer than until they attain 24 years of age. 3. An orphan rated as incapable or partially capable of work (before 1 July 2005 – invalid) shall retain the right to receive the orphan’s pension where he attains the old-age retirement age during the payment of the orphan’s pension. 4. The children (adopted children) of a deceased person who are entitled to receive the orphan’s pension shall retain such right even after their adoption. Article 39. Calculation and Amount of the Orphan’s Pension 1. For a person entitled to the orphan’s pension, this pension shall be awarded in the amount of 50% of the state social insurance work incapacity pension to which the deceased person could have been entitled as established for the persons who have lost 60-70% of their capacity for work (before 1 July 2005 – the pension for Group II invalids), where the deceased person had not attained the old-age retirement age, or the amount of the state social insurance old-age pension to which the deceased person could have been entitled, where he had already attained the old-age retirement age. This amount shall be awarded where one child (adopted child) is entitled to the orphan’s pension. Where two and more children (adopted children) are entitled to the pension, each of them shall be awarded equal portions of the pension not exceeding 100% of the total amount of the calculated work incapacity (invalidity) or old-age pension. Where, upon the awarding of the orphan’s pension, another orphan (orphans) applies (apply) for the awarding or renewal of the payment of the pension, which results in the reduction of the amount of the work incapacity (invalidity) or old-age pension in respect of one orphan, the orphan’s pension shall be recalculated as of the first day of a month following the month in which a new application with all the relevant documents enclosed was received. 2. Upon the death of a recipient of the old-age, work incapacity, invalidity or early old-age pension, the amount of the orphan’s pension shall be calculated in accordance with the procedure laid down in paragraph 1 of this Article according to the amount of the pension received by the deceased. When awarding the orphan’s pension, the reduction of the work incapacity pension calculated for the persons who have lost 45-55% of their capacity for work (before 1 July 2005 – the pension for Group III invalids) as specified in paragraphs 4 and 5 of Article 32 of this Law shall not apply. 3. Upon the approval of a new amount of the state social insurance basic pension and/or new insured income of the current year, orphan’s pensions shall be calculated according to the new amounts. 4. Orphan’s pensions shall be awarded to the orphans who have lost both parents for each of the deceased parents. Where after the death of their parents these orphans become entitled to the orphan’s pension for a deceased adoptive parent, the orphan’s pension for the adoptive parent shall be awarded and paid at their request instead of the orphan’s pension for their parent where the orphan’s pension for the adoptive parent is larger than the one received by them. CHAPTER V AWARDING AND PAYMENT OF STATE SOCIAL INSURANCE PENSIONS AND EXAMINATION OF DISPUTES ON THE PENSIONS Article 40. Awarding of State Social Insurance Pensions 1. State social insurance pensions shall be awarded and paid by territorial departments of the State Social Insurance Fund Board in compliance with this Law as well as the Regulations for the Awarding and Payment of State Social Insurance Pensions as approved by the Government. 2. Administrative institutions of the State Social Insurance Fund shall deliver pensions in accordance with the procedure laid down by the State Social Insurance Fund Board and co-ordinated with the State Social Insurance Fund Council. 3. Applications for the awarding of a pension may be filed three months before a person becomes entitled to the state social insurance old-age pension or at any other time after a person becomes entitled to the state social insurance pension. 4. When applying for a pension, all the documents indicated in the Regulations for the Awarding and Payment of State Social Insurance Pensions and necessary for the awarding of the pension must be submitted. 5. A territorial department of the State Social Insurance Fund Board must take a decision on the awarding of a pension or the refusal to award a pension within the time limit established by the Regulations for the Awarding and Payment of State Social Insurance Pensions and must give notice thereof to the applicant. Where the awarding of a pension is refused, the reasons for the refusal must be indicated. Article 41. Time Limits for the Awarding and Payment of a Pension 1. Under this Law, a state social insurance pension shall be awarded and paid as of the day when a person becomes entitled to the pension, but not more than for 12 months before the receipt of the documents required for the awarding of the pension at a territorial department of the State Social Insurance Fund Board. 2. In the case of a deferred application for the state social insurance old-age pension, the procedure laid down in Article 27 of this Law shall apply. 3. State social insurance pensions shall be awarded for lifetime or for a period during which a recipient of a pension remains entitled, under this Law, to the pension awarded. A territorial department of the State Social Insurance Fund Board paying a pension must notify a pensioner in advance of the expiry of a time limit for the awarding of the pension. 4. Upon the expiry of a time limit for the awarding of a pension, payment thereof shall be discontinued if a recipient of the pension is no longer entitled to it. Where a recipient of a pension fails, for a valid reason, to timely apply for an extension of the payment of the pension, the pension shall be paid without interest for the entire period, but not more than for 3 years during which the payment thereof was discontinued and the recipient of the pension was entitled to the pension. Where there is no valid reason, but the person remains entitled to the pension, the payment of the pension shall be renewed as of the submission of documents for an extension of the payment of the pension. 5. Upon the death of a pensioner, a 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 amount of the pension awarded to cover a one-month period. Note. Provisions of paragraph 5 of Article 41 shall apply to the payment of state social insurance pensions for the persons deceased before the entry into force of this Law (1 January 2010). Article 42. Awarding of a Pension Anew 1. The old-age or work incapacity pension may be awarded anew according to new data at the request of a recipient of the pension after he acquires an additional state social pension insurance record of at least one year while working under an employment contract or on the basis of membership or service (paragraphs 2 and 3 of Article 8). 2. Where a recipient of the old-age or work incapacity pension who has been awarded a pension under provisions of this Law as having the minimum, but not the obligatory insurance record acquires the obligatory insurance record while working under an employment contract or on the basis of membership or service after the awarding of the pension (paragraphs 2 and 3 of Article 8) or during self-employment (paragraphs 5 and 6 of Article 8), the old-age or work incapacity pension may be, at his request, awarded to him anew irrespective of the fact that the state social pension insurance record as acquired by him after the awarding of the pension was less than one year. 3. Provisions of paragraphs 1 and 2 of this Article shall apply accordingly when awarding work incapacity pensions to the recipients of invalidity pensions who have not attained old-age retirement age instead of the invalidity pensions continued to be paid to them in accordance with the procedure laid down by this Law. In these cases, work incapacity pensions shall be awarded anew according to new data: to Group I invalids – as the persons who have lost 75-100 per cent of their capacity for work, to Group II invalids – as the persons who have lost 60-70 per cent of their capacity for work, to Group III invalids – as the persons who have lost 45-55 per cent of their capacity for work. The work incapacity pensions awarded in the manner specified in this paragraph shall be paid until the expiry of the time limit of invalidity as established for a person. The recipients of work incapacity (invalidity) pensions who have attained the old-age retirement age shall not be awarded work incapacity (invalidity) pensions. At their request, they shall be awarded the old-age pension instead of the work incapacity (invalidity) pension according to the new data of the record of insurance and earnings or shall continue to be paid the work incapacity (invalidity) pension (paragraph 2 of Article 28, paragraph 3 of Article 53). 4. Where a larger percentage of lost capacity for work is established for a person, the state social insurance work incapacity pension shall be awarded anew at the person’s request according to new data or shall be paid according to the previous data of the insurance record and earnings by increasing it twofold (by establishing 60-70% of lost capacity for work instead of 45-55% of lost capacity for work or instead of Group III invalidity) or by commencing to pay the basic part of the pension (in the event of establishing 75-100% of lost capacity for work instead of 60-70% of lost capacity for work or instead of Group II invalidity) in the amount of 150% of the basic state social insurance pension (for those not having the obligatory insurance record – in proportion to the acquired insurance record). Where a lower percentage of lost capacity for work is established, the state social insurance work incapacity pension shall not be awarded anew, but shall be paid according to the previous data of the insurance record and earnings by commencing to pay the basic part of the pension (in the event of establishing 60-70% of lost capacity for work instead of 75-100% of lost capacity for work or instead of Group I invalidity) in the amount of 110% of the basic state social insurance pension (for those not having the obligatory insurance record – in proportion to the acquired insurance record) or a pension reduced by half shall be paid (in the event of establishing 45-55% of lost capacity for work instead of 60-70% of lost capacity for work or instead of Group II invalidity). Where a person is established 75-100% of lost capacity for work instead of Group I invalidity, 60-70% of lost capacity for work – instead of Group II invalidity, 45-55% of lost capacity for work – instead of Group III invalidity, the work incapacity pension shall commence to be paid in the amounts specified in Article 32 of this Law instead of the invalidity pension paid previously. Where after a repeated examination a person is again established the same percentage (percentage of the same interval) of lost capacity for work, he shall continue to be paid the lost work incapacity pension. Article 42
(1). Calculation of a Bonus for the Length of the Record Anew
  1. When the recipient of the old-age or work incapacity (invalidity) pension applies for the awarding of a pension anew (paragraphs 1, 3 and 4 of Article 42, part 2 of Article 46), the amount of a bonus for the length of the record shall be calculated anew according to new data of the state social pension insurance record (paragraphs 1–3, 5, 6 of Article 8) acquired before the month of the awarding of the pension anew. The amount of the bonus for the length of the record shall be calculated anew according to new data of the record also in the cases when the awarding of the pension anew is not beneficial for the recipient of the old-age or work incapacity (invalidity) pension.
  2. Where the recipient of the old-age or work incapacity (invalidity) pension submits additional data about the periods held equivalent to the state social pension insurance record (paragraph 1, subparagraphs 1-9 of paragraph 2, paragraphs 3 and 4 of Article 54) and a full year of the state social pension insurance record is formed, the amount of a bonus for the length of the record shall be calculated anew according to the new data of the record as of the first day of the month following the month in which the recipient of the pension submitted the additional data on the record.
  3. Where the type of a state social insurance pension as paid to a person or percentage of work incapacity changes or this pension is awarded anew or re-calculated, a bonus for the length of the record shall not be reduced, with the exception of the case when 45–55% of incapacity for work is established instead of 60–70% of incapacity for work (Group II invalidity). In this case, the bonus for the length of the record shall be reduced by 50%.
  4. When calculating the amount of a bonus for the length of the record, a person’s state social pension insurance record for which a pension is paid under this Law shall be included. Article
  5. Payment of a Pension upon a Pensioner’s Moving Abroad (Arriving to Reside in the Republic of Lithuania) *
  6. Where a pensioner moves to permanently reside in another state, he shall be paid a pension awarded to him provided that the pensioner has acquired at least the minimum state social pension insurance record required for the pension of an appropriate type or the entire state social pension insurance record while working in Lithuanian undertakings, agencies or organisations or the pensioner is a rehabilitated political prisoner or deportee who has acquired a part of the record during imprisonment or at the place of deportation (Article 54). In the cases when the pensioner acquired at least the minimum state social pension insurance record for the pension of an appropriate type while working in Lithuanian undertakings, agencies or organisations, but the periods held equivalent to this record and acquired while working in other states (Article 54) were included in his state social pension insurance record, the pension shall be recalculated only according to data of the state social pension insurance record acquired while working in the Lithuanian undertakings, agencies or organisations, and the recalculated pension shall be paid.
  7. In other cases, a pension shall be paid for six months ahead in the amount of the pension received in the month of departure, and its payment shall be discontinued thereafter. *
  8. A pensioner who, after he moved to permanently reside in another state, was paid a pension according to paragraph 1 of this Article or was awarded and paid a pension as a person permanently residing in another state according to paragraph 5 of Article 1 of this Law shall continue to be paid this pension upon returning (arriving) to reside in the Republic of Lithuania regardless of whether the pensioner has the status of a permanent resident of the Republic of Lithuania.
  9. Upon the accession of the Republic of Lithuania to international conventions or upon the conclusion of international treaties concerning the payment of a pension, the pension shall be paid as specified in the international conventions or treaties. *Note. The persons who, until the entry into force of this Law, were paid state social insurance pensions according to paragraphs 1 and 3 of Article 43 of the Law on State Social Insurance Pensions shall not be subject to review according to provisions of this Law. Article
  10. Overpayment or Underpayment of a Pension
  11. The aggregate amount of a state social insurance pension not received in due time through the fault of an agency awarding or paying it shall be paid for the past period without any time limits.
  12. A recipient of a pension must give notice to a territorial department of the State Social Insurance Fund Board which pays the pension to him of the circumstances influencing the amount or payment of the pension within ten days of the occurrence of such circumstances. Where a 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 a recipient by a decision of the head of an agency paying the pension.
  13. Where a state social insurance pension is overpaid through the fault of an agency awarding or paying the pension, the amount overpaid shall not be recovered from a recipient. Article
  14. Appeals against Decisions of the Administration Agencies of the State Social Insurance Fund
  15. Decisions of territorial departments of the State Social Insurance Fund Board on pension issues may be appealed against to the State Social Insurance Fund Board within 3 years of the day when a person learned or had to learn about a decision taken. The procedure for and time limits of examination of appeals shall be laid down by the Regulations for the Awarding and Payment of State Social Insurance Pensions.
  16. Decisions of the State Social Insurance Fund Board and territorial departments thereof may be appealed against to court. CHAPTER VI PROCEDURE FOR THE PAYMENT OF AWARDED PENSIONS Article
  17. Recalculation of the Pensions Awarded before 1 January 1995
  18. For the persons awarded state social insurance old-age and invalidity pensions before 1 January 1995, the pensions shall be recalculated under this Law according to the data on the insurance record and earnings as recorded in a pension file (Articles 49 and 50). Where the data on the earnings were recorded in the pension file several times, a pension shall be re-calculated as of 1 October 1995 according to the fixed earnings on the basis whereof the calculated coefficient of a person's insured income is the largest. Where pensioners so request, they may update the data contained in a pension file on the periods held equivalent to the state social pension insurance record according to provisions of paragraph 1, subparagraphs 1-9 of paragraph 2 and paragraphs 3 and 4 of Article
  19. Those who wish may also submit data on the earnings of another period in accordance with the procedure which was effective before 1 January 1995 and which has been amended by the Regulations for the Awarding and Payment of State Social Insurance Pensions. Upon the submission of new data before 1 July 1996, pensions shall be recalculated as of 1 October 1995, and upon the submission of the data later – as of the first day of the month following the month when the documents were submitted.
  20. At the request of the persons to whom the state social insurance old-age or invalidity pension had been awarded before 1 January 1995 and who, after the awarding of the pension, acquired (acquire) an additional state social pension insurance record of at least one year while working under an employment contract or on the basis of membership or service (paragraphs 2 and 3 of Article 8, paragraph 1 and subparagraphs 1-9 of paragraph 2 of Article 54), the pension may be awarded anew pursuant to the provisions of this Law regarding the pensions awarded anew (Article 42). Pursuant to these provisions, the old-age or work incapacity pension may also be awarded anew to the old-age or invalidity pensioners who had been awarded pensions before 1 January 1995 without having the complete insurance record required at that time for the awarding of a pension and who, after the awarding of the pension and while working under an employment contract or on the basis of membership or service (paragraphs 2 and 3 of Article 8, paragraph 1 and subparagraphs 1-9 of paragraph 2 of Article 54) or during self-employment (paragraphs 5 and 6 of Article 8, paragraph 3 of Article 54), acquired (acquire) the obligatory insurance record as established by this Law irrespective of the fact that the state social pension insurance record as acquired by them after the awarding of the pension was less than one year.
  21. Under this Law, loss of breadwinner’s pensions shall not be recalculated and shall not be paid together with the old-age, work incapacity, invalidity, retirement, survivor's or orphan's pensions, with the exception of the orphan's pension, which shall be paid together with the loss of breadwinner’s pension for the parent deceased before 1 January
  22. Loss of breadwinner’s pensions shall be paid in accordance with the procedure laid down by the Regulations for the Awarding and Payment of State Social Insurance Pensions.
  23. The retirement pension shall be recalculated to the state social insurance old-age or work incapacity pension only where recipient thereof has attained the old-age retirement age established by this Law or has been rated as incapable or partially capable of work. In these cases, the retirement pension shall be recalculated according the data on the insurance record and earnings as recorded in a pension file (Articles 49 and 50). A recipient of the retirement pension for whom this pension shall be recalculated to the old-age or work incapacity pension may supplement the data on the insurance record as recorded in a retirement pension file by submitting documents about the insurance record acquired during the periods which are held equivalent to the state social pension insurance record according to provisions of paragraph 1, subparagraphs 1-9 of paragraph 2 and paragraph 3 of Article 54 of this Law. At the request of a recipient of the retirement pension, the old-age or work incapacity pension may also be awarded according to the provisions of this Law on the pensions awarded anew or the retirement pension may continue to be paid instead of the old-age or invalidity or work incapacity pension recalculated or awarded anew. The retirement pension as awarded before 1 January 1995 shall continue to be paid also to the recipients thereof who have not attained old-age retirement age or have not been rated as incapable or partially capable of work (before 1 July 2005 – invalids). Retirement pensions shall be indexed in accordance with the procedure laid down in Article 52 of this Law. The persons who receive the old-age or work incapacity pension or to whom the invalidity pension continues to be paid shall not be paid the retirement pension. The procedure for recalculating and paying the pensions of officers and servicemen of the systems of the Interior, the Special Investigation Service, national defence, state security and the prosecutor's office shall be laid down by the Law on State Pensions of Officers and Servicemen. Article
  24. Repealed on 1 January
  25. Article
  26. Basic Part of a Recalculated Pension
  27. The basic part of the recalculated state social insurance old-age and invalidity pension shall be deemed to be equal to the amount of the basic part of an appropriate state social insurance pension (Article 23 and paragraph 2 of Article 32) where a person had been awarded the full amount of a pension of the appropriate type before 1 January
  29. Where before 1 January 1995 a person had been awarded a partial pension, a portion of the amount of the basic part of an appropriate state social insurance pension obtained by multiplying the amount of the basic part of the appropriate state social insurance pension (Article 23 and paragraph 2 of Article 32) by the proved insurance record as recorded in a pension file and by dividing by the insurance record required for the awarding of the full pension at the time of the awarding of the pension shall be considered to be the basic part of the recalculated pension. Article
  30. Calculation of the Insurance Record Acquired before 1 January 1995 when Recalculating Awarded Pensions
  31. The total insurance record as recorded in a pension file and acquired before the entry into force of the Law on State Social Insurance, i.e. before 1 June 1991, shall be deemed to be a person’s state social pension insurance record acquired while working under an employment contract or on the basis of membership or service. The periods included in the insurance record by increasing their duration shall be included as periods of calendar duration.
  32. The periods of insurance record as recorded in a pension file after the entry into force of the Law on State Social Insurance, i.e. after 1 June 1991, shall be considered to be the state social pension insurance record acquired while working under an employment contract or on the basis of membership or service for the persons who are listed in Article 4 of the Law on State Social Insurance and who had paid fixed state social insurance contributions.
  33. When recalculating the invalidity pension, the period indicated in subparagraph 2 of paragraph 3 of Article 32 shall be included in the insurance record. Where a person’s state social pension insurance record acquired while working under an employment contract or on the basis of membership or service before 1 January 1995 is longer than the one calculated according to provisions of paragraph 3 of Article 32, the supplementary part of the pension shall be calculated according to the person’s total actual insurance record. Article
  34. Calculation of the Coefficient of a Person’s Insured Income when Recalculating Awarded Pensions
  35. When recalculating awarded pensions, the coefficient of a person’s insured income (Article 19) shall be calculated according to the data recorded in a pension file in accordance with the following procedure: 1) where a pension has been awarded according to the average of the person’s earnings as recorded in the file and calculated according to the data on the person’s earnings before 1 January 1991, this average shall be divided by the average monthly wage in Lithuania of an appropriate period; 2) where the pension has been awarded according to data on the person's earnings after 1 January 1991 data, the monthly earnings recorded in the file shall be divided by the average wage in Lithuania of the month of an appropriate year, and the average of all the quotients calculated in this manner shall be considered to be the coefficient of insured income. In this case, the average wage of each month before 1 January 1991 shall be considered to be equal to the average monthly wage of that year in Lithuania.
  36. When recalculating awarded pensions, the coefficient of a person’s insured income shall not exceed
  37. Article
  38. Rule of Non-reduction of a Pension Where upon recalculation, after 1 January 1995, of a pension awarded before 1 January 1995 its amount decreases compared with the previous amount, a pensioner shall continue to be paid the pension awarded previously and not recalculated under this Law by further indexing it in accordance with the procedure laid down in Article 52 of this Law. Article
  39. Indexation of an Unrecalculated Pension after 1 January 1995
  40. A pension not recalculated under this Law shall be indexed in accordance with the procedure laid down in paragraph 2 of this Article every time upon the approval of a new amount of the basic state social insurance pension and/or insured income of the current year.
  41. A pension’s part which is equal to the former amount of 110% of the basic state social insurance pension shall be increased up (temporarily reduced) to the new amount of 110% of the basic state social insurance pension, whereas the remaining part without the bonus for the length of the record shall be indexed according to the ratio of the newly approved insured income to the previous insured income of the current year, and the bonus for the length of the record – according to the new amount of basic state social insurance pension.
  42. Where an unrecalculated pension without a bonus for the length of the record exceeds or after the indexation begins to exceed the maximum amount of an unrecalculated pension (LTL 500), it shall be paid in the amount of LTL 500 until a pension recalculated to that person under this Law without the bonus for the length of the record begins to exceed LTL
  43. When a new maximum amount of an unrecalculated pension is approved in accordance with the procedure laid down in paragraph 4 of this Article, the unrecalculated pension paid without the bonus for the length of the record shall be indexed in accordance with the procedure laid down in paragraphs 1 and 2 of this Article without exceeding the new maximum amount of the unrecalculated pension.
  44. The maximum amount of an unrecalculated pension shall be approved by the Government alongside with the new amount of the basic pension. In comparison with the previously approved pension, the maximum amount of an unrecalculated pension shall be increased (temporarily reduced) in the same percentage as the basic pension. Article
  45. Payment, Increase and Indexation of State Social Insurance Invalidity Pensions
  46. State social insurance invalidity pensions shall, after 1 July 2005, continue to be paid until the expiry of a time limit for the awarding and payment of these pensions or until the awarding of state social insurance old-age or work incapacity pensions in accordance with the procedure laid down by this Law. Upon the approval of a new amount of the state social insurance basic pension or new insured income of the current year, the pensions for Group I invalids which continue to be paid shall be calculated according to the new amounts in the same way as work incapacity pensions for the persons who have lost 75-100 per cent of their capacity for work, pensions for Group II invalids – in the same way as work incapacity pensions for the persons who have lost 60-70 per cent of their capacity for work, pensions for Group III invalids – in the same way as work incapacity pensions for the persons who have lost 45-55 per cent of their capacity for work. The invalidity pensions not recalculated after 1 January 1995 under this Law shall be further indexed in accordance with the procedure laid down by Article 52 of this Law.
  47. Where the payment of the invalidity pension has been discontinued due to the capacity for work regained by a person, the payment of a pension awarded previously shall be renewed upon again rating him as incapable or partially capable of work, provided less than 3 years have lapsed of the discontinuation of the payment of the pension. In these cases, the work incapacity pension shall commence to be paid instead of the invalidity pension paid in accordance with the procedure laid down in paragraph 4 of Article 42 of this Law.
  48. Entitlement to the state social insurance invalidity pension shall be preserved when the recipient of this pension attains (attained) the old-age retirement age during the period of receiving the state social insurance invalidity pension. Where such persons are also entitled to the old-age pension, provisions of paragraph 1 of Article 5 of this Law shall apply. Article 53
(1). Bonus for the Length of the Record in Respect of Recalculated and Unrecalculated State Social Insurance Pensions
  1. The amount of a bonus for the length of the record in respect of recalculated and unrecalculated state social insurance old-age, work incapacity (invalidity) pensions, retirement pensions for recipients thereof who have acquired a state social pension insurance record exceeding 30 years shall be calculated by multiplying 3% of the state social insurance basic pension by the sum of every full year of the state social pension insurance record exceeding 30 years. The insurance record acquired before 1 January 1995 (paragraphs 1 and 2 of Article 49) and the insurance record acquired after 1 January 1995 (paragraphs 1-3, 5, 6 of Article 8) shall be included when calculating this bonus. This bonus shall be awarded to recipients of retirement pensions where they have attained the old-age retirement age or are rated as incapable or partially capable of work (before 1 July 2005 – invalids). In respect of the persons who are paid the pension for Group III invalids, the calculated bonus for the length of the service shall be reduced by 50%.
  2. Where a pension is awarded anew (paragraphs 2 and 4 of Article 46) to the recipients of state social insurance pensions as indicated in paragraph 1 of this Article or a state social insurance pension of another type is awarded instead of the pension paid, a bonus for the length of the record shall not be reduced. In such cases, a new amount of the bonus for the length of the record shall be calculated, including additional data about the record acquired prior to the awarding of a pension of the same or another type. CHAPTER VII PENSIONS AWARDED AFTER 1 JANUARY 1995 Article
  3. Periods Held Equivalent to the State Social Pension Insurance Record
  4. The following periods before the entry into force of the Law on State Social Insurance, i.e. 1 June 1991, shall be held equivalent to a person’s state social pension insurance record acquired by him while working under an employment contract or on the basis of membership or service: 1) the entire period of work of workers and servants as well as period of work of collective farm members on collective farms and the period of work of other persons who are indicated in the Regulations for the Awarding and Payment of State Social Insurance Pensions and who had to be covered by state social insurance under the effective USSR laws; 2) the period of creative activity of members of writers' union, artists' union, composers' union, cinematographers' union and other creative workers who were not members of these creative unions, but who were united by the professional committees of these creative unions regardless of the payment of social insurance contributions; 3) the period of service in paramilitary security forces, special communication institutions and special rescue units regardless of departmental subordination and special or military rank.
  5. The following periods before 1 January 1995 shall be held equivalent to a person's state social pension insurance record acquired while working under an employment contract or on the basis of membership or service: 1) the period of payment of compulsory state social insurance contributions of the persons covered by state social insurance according to Article 4 of the Law on State Social Insurance; 2) the period of payment of insurance contributions of the persons covered, on a voluntary basis, by voluntary state social insurance at state social insurance agencies; 3) the period during which the insured (employed) persons indicated in subparagraph 1 of this paragraph received sickness (temporary incapacity to work) as well as maternity allowances; 4) the period of studies at qualification improvement courses, post-graduate studies, doctoral studies and clinical residency; 5) the actual period of military, frontier and internal service (with the exception of service in destroyer squads and battalions), the period of compulsory military service in the Soviet army, also the periods of covert co-operation of covert participants in operational activities with whom written arrangements on cover co-operation have been concluded, where remuneration was paid under such arrangements, provided that these persons were involved in co-operation also after 11 March 1990; 6) the periods of service of the state security officers who have sworn to the Republic of Lithuania (gone over to serve the Republic of Lithuania); 7) the actual period of imprisonment and deportation of rehabilitated political prisoners and deportees, provided this period is not included according to subparagraph 1 hereof; 8) the period of work of the persons who, during World War II, were deported for forced labour outside the former USSR as well as the period of confinement in ghettos, concentration or other confinement during World War II; 9) the actual period spent by participants in the armed resistance – volunteer soldiers in the structures of freedom fighters, unless this period has been included otherwise; 10) the period during which state social insurance invalidity pensions were received – in the cases specified in paragraph 4 of Article 8 of this Law.
  6. The following periods before 1 January 2005 shall be held equivalent to a person's state social pension insurance record acquired during self-employment: 1) for mothers -- the period of raising and nursing at home of disabled children under 16 years of age; 2) for family members – the period of nursing an invalid in Group 1 at home; 3) the period of compulsory military service in the Lithuanian armed forces, internal service units of the Ministry of the Interior of the Republic of Lithuania and the State Border Guard Service; 4) the period of service of clergymen of all traditional churches and religious organisations in Lithuania.
  7. The periods listed in this Article shall be included in the state social pension insurance record in accordance with the procedure laid down by the Regulations for the Awarding and Payment of State Social Insurance Pensions and only where a person does not receive other state pension for these periods.
  8. In respect of the persons referred to in paragraph 5 of Article 1 and paragraph 1 of Article 43 of this Law, only the periods referred to in this Article during which a person was working in Lithuanian undertakings, agencies and organisations shall be included in the state social pension insurance record. Article
  9. Income Held Equivalent to a Person's Insured Income
  10. The following income shall be included in a person's insured income over the period before the entry into force of the Law on State Social Insurance, i.e. 1 June 1991: 1) all types of remuneration for work which had to be subject to state social insurance contributions according to the rules in force at that time; 2) all types of remuneration received by collective farm members for work on a collective farm; 3) the author's royalty received by the persons listed in subparagraph 2 of paragraph 1 of Article 54; 4) earnings of the persons who served in paramilitary security forces, special communication institutions and special rescue units.
  11. The following income shall be included in a person's insured income over the period before 1 January 1995: 1) the earnings and other income of the persons covered by state social insurance under Article 4 of the Law on State Social Insurance from which obligatory state social insurance contributions have been paid as well as received sickness (temporary incapacity to work) and maternity allowances; 2) the insurance amounts as declared by the persons covered, on a voluntary basis, by pension insurance at state social insurance agencies; 3) the remuneration received by the servicemen and officers of the Interior and state security indicated in Article 54; 4) income of the persons attending qualification improvement courses, post-graduate students, doctoral students, hospital physicians as well as clinical residents as established by the State for an appropriate category of recipients; 5) the remuneration of covert participants in operational activities referred to in subparagraph 5 of paragraph 2 of Article
  12. Article
  13. Specific Features of Calculation of the Coefficient of Insured Income
  14. Before 1 January 1995, the annual coefficients of insured income had been calculated according to the average monthly wage calculated for the current year in respect of employees of the public sector, public and private companies and announced by the Statistics Department.

paragraph 2 before 1 January 2013:

  1. As of 1 January 1995, the coefficients of a person’s insured income shall be calculated separately according to five consecutive most favourable calendar years of his state social pension insurance record acquired while working under an employment contract or on the basis of membership or service (hereinafter referred to in this Article as “the insurance record”), selected by the person from the period between 1 January 1984 and 1 January 1994, and according to the total number of years included in the insurance record after 1 January
  2. In respect of the persons who had become entitled to the state social insurance old-age pension before 01.01.13, the formula of calculation of the supplementary part of the state social insurance old-age pension (Article 24) shall consist of two separate parts: 0,005 x s x k x D + 0,005 x S x K D. The first half of the supplementary part of the old-age pension shall contain a person’s insurance record and the coefficient of insured income before 1 January 1994, and the second half – the person’s insurance record and the coefficient of insured income after 1 January 1994

paragraph 2 as of 1 January 2013: *2. In respect of the persons who have a state social pension insurance record of five and more years acquired while working under an employment contract or on the basis of membership or service (hereinafter referred to in this Article as the “insurance record”) before 1 January 1994 and who have, after this date, an insurance record of five and more years, the coefficient of insured income (

  1. k)shall be calculated according to the average of annual coefficients of insured income for five consecutive calendar years of the insurance record which are most favourable for a person starting on 1 January 1994, and the coefficient of insured income (K) – according to the weighted average of annual coefficients of insured income for 25 most favourable calendar years of the insurance record starting on 1 January 1994 (paragraphs 1-3 of Article 19). Where a person does not have the five most favourable consecutive calendar years of the insurance record after 1 January 1994, though he had the insurance record every year over the five consecutive calendar years, the coefficient of his insured income (
  2. k)shall be calculated according the weighted average of annual coefficients of insured income for the five consecutive years of this insurance record. Where a person had, after 1 January 1994, the insurance record over the five non-consecutive calendar years, the coefficient of his insured income (
  3. k)shall be calculated according to the weighted average of annual coefficients of insured income for the five non-consecutive years of the insurance record in compliance with the calendar sequence of years. Where a person has an insurance record of less than five years acquired before 1 January 1994 and has acquired, since this date, an insurance record of the same length or more, the coefficient of his insured income (
  4. k)shall be calculated according to the average number of annual coefficients of insured income for the most favourable consecutive calendar years of the insurance record starting on 1 January 1994, where this number corresponds to the number of full years of the insurance record acquired before 1 January 1994, and the coefficient of insured income (K) – according to the weighted average of annual coefficients of insured income for all calendar years of the insurance record starting on 1 January 1994 (paragraphs 1-3 of Article 19). Where a person who acquired an insurance record of less than five years before 1 January 1994 does not have most favourable consecutive calendar years of the insurance record after 1 January 1994, the coefficient of his insured income (
  5. k)shall be calculated in accordance with the procedure laid down in this paragraph. The provisions of paragraphs 4 and 5of Article 17 and Article 18 of this Law shall not apply when calculating the coefficient of insured income (
  6. k)in respect of the persons who participated in pension accumulation. 3. The coefficient of a person’s insured income according to his insured income before and after 1 January 1994 shall not exceed 5.

paragraphs 4, 5, 6 and 7 before 1 January 2013:

  1. Where a person cannot submit data about the income held equivalent to insured income (Article 55) for a period held equivalent to the state social pension insurance record (paragraph 1 and subparagraphs 1-9 of paragraph 2 of Article 54) for important reasons or due to the circumstances beyond his control (documents have not been preserved completely or partially, the person worked in the republics of the former USSR, was on a parental leave raising a child under 3 years of age, an undertaking, agency or organisation in which he was employed no longer operates, although it has not been liquidated, the person fulfilled compulsory military service in the Soviet army, etc.), the coefficient of the person’s insured income shall be calculated according to the minimum monthly wage of that period, and where the person worked part-time – according to the portion of the minimum monthly wage corresponding to the part of the salary received by the person. Where all the documents of an undertaking, agency or organisation in which the person worked have been preserved, but they do not contain any data about the person’s income during a period held equivalent to the state social pension insurance record before 1 June 1991, the coefficient of the person’s insured income shall be calculated considering that the income of that period was equal to zero. The coefficient of insured income for a period during which a person received the state social insurance invalidity pension before 1 January 1995 shall be calculated in accordance with the procedure laid down by Article 18 of this Law according to alternative income (Article 15)( ) or according to insured income (Article 55).
  2. Where a person does not have the five most favourable consecutive calendar years indicated in paragraph 2 of this Article, though he had the insurance record every year over the five consecutive calendar years from the period between 1 January 1994 and 1 January 1994 (hereinafter referred to in this paragraph as “the indicated period”), the coefficient of his insured income shall be calculated according the five consecutive years of this insurance record. Where a person had, within the indicated period, the insurance record over the five non-consecutive calendar years, the coefficient of his insured income shall be calculated according to the five non-consecutive years of the insurance record in compliance with the calendar sequence of years. Where a person had, within the indicated period, the insurance record which is less than five consecutive or non-consecutive calendar years or did not have any insurance record within the specified period, the coefficient of his insured income shall be calculated by taking the years which are necessary for a five-year insurance record from the previous period, counting backwards from 1983 to 1974 inclusive.
  3. Where during the periods indicated in paragraphs 2 and 5 of this Article a person does not have any insurance record acquired while working under an employment contract or on the basis of membership or service (paragraphs 2 and 3 of Article 8, paragraphs 1 and 2 of Article 54), the ratio of the minimum monthly salary of the largest amount as valid in the month of the awarding of the pension and approved by a resolution of the Government (where different amounts of this salary have been approved by a resolution of the Government – the minimum monthly salary of the largest amount) to the insured income of the year of the awarding of the pension shall be considered to be the coefficient of his insured income.
  4. Where the coefficient of a person’s insured income has been calculated in accordance with the procedure laid down in paragraph 4 of this Article according to the minimum monthly wage of an appropriate period or a part thereof and upon the receipt of data on the income of that period held equivalent to insured income, the coefficient of the person’s insured income shall be calculated according to this income.

paragraphs 4, 5, 6 and 7 as of 1 January 2013: *4. At the request of the persons having an insurance record of five years and more before 1 January 1994, the coefficient of a person’s insured income (

  1. k)may be calculated according the five most favourable consecutive calendar years of his insurance record from the period between 1 January 1984 and 1 January 1994 (hereinafter referred to in this paragraph as the “indicated period”), where this is of benefit to the person. Where a person does not have the five most favourable consecutive calendar years during the indicated period, though he had the insurance record every year over the five consecutive calendar years from the indicated period, the coefficient of his insured income (
  2. k)shall be calculated according the five consecutive years of this insurance record. Where a person had, during the indicated period, the insurance record over the five non-consecutive calendar years, the coefficient of his insured income (
  3. k)shall be calculated according to the five non-consecutive years of the insurance record in compliance with the calendar sequence of years. Where a person had, during the indicated period, the insurance record which is less than five consecutive or non-consecutive calendar years or did not have any insurance record during the specified period, the coefficient of his insured income (
  4. k)shall be calculated by taking the years which are necessary for

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