2.The individual increment of the invalidity pension PPinv having been calculated in accordance with the procedure laid down in paragraph 1 of this Article, the coefficient of the person’s insured income as calculated for the period before 1 January 1994 shall be changed according to the following formula: kp = k + PPinv /(0,005 x s x D).
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3.The changed coefficient kp shall be entered in the formula for the calculation of the first half of the supplementary part of the invalidity pension for the period before 1 January 1994 instead of the calculated rate k of the person’s insured income. Where the invalidity pension has been increased in accordance with the pension increase procedure effective as of 1 January 2003, the new coefficient which has been accordingly increased as of 1 March 2004 shall be entered instead of the rate kp of a person’s insured income as changed during the first increase.
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4.In the cases when the increase, as of 1 March 2004, of state social insurance invalidity pensions calculated in accordance with the procedure laid down in this Article is less than LTL 1, these pensions shall be increased by LTL 1.
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Article 61Procedure for Increasing the State Social Insurance Old-Age and Invalidity Pensions Recalculated under This Law
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1.The state social insurance old-age and invalidity pensions recalculated under this Law for the persons fulfilling the conditions specified in paragraph 1 of Article 58 of this Law shall be increased in accordance with the procedure laid down in Articles 59 and 60 of this Law.
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2.Upon the calculation of the individual increment of a pension PPs or PPinv, the coefficient of a person’s insured income in the formula for the calculation of the pension shall be accordingly changed according to the formula:
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Kp = K +PPs /(0,005 x S x D) or Kp = K + PPinv /(0,005 x S x D).
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3.The changed rate Kp shall be entered in the formula for the calculation of the supplementary part of state social insurance old-age and invalidity pensions instead of the previous calculated coefficient of the person’s insured income K. Where the old-age or invalidity pension has been increased in accordance with the pension increase procedure effective as of 1 January 2003, the new coefficient which has been accordingly increased as of 1 March 2004 shall be entered instead of the coefficient K of a person’s insured income as changed during the first increase.
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4.In the cases when the increase, as of 1 March 2004, of state social insurance old-age and invalidity pensions calculated in accordance with the procedure laid down in this Article is less than LTL 1, these pensions shall be increased by LTL 1.
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Article 62Procedure for Increasing Unrecalculated State Social Insurance Old-Age and Invalidity Pensions
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1.The state social insurance old-age and invalidity pensions which have not been recalculated for the persons fulfilling the conditions specified in paragraph 1 of Article 58 of this Law shall be increased in accordance with the following procedure:
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1)unrecalculated old-age pensions shall be increased by adding the increment PPs (paragraph 1 of Article 59) to the unrecalculated old-age pension paid to a person;
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2)unrecalculated Group I and Group II invalidity pensions shall be increased by adding the increment PPinv (paragraph 1 of Article 60) to the unrecalculated invalidity pension paid to a person. The unrecalculated Group III invalidity pension paid to a person shall be increased as follows: The Group III invalidity pension shall be multiplied by two, the amount obtained shall be increased by adding the invalidity pension increment PPinv, and the amount of the increased Group II invalidity pension shall be reduced by 50%.
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2.The increased old-age and invalidity pensions which have not been recalculated shall be further indexed in accordance with the procedure laid down in Article 52.
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Article 63Procedure for Increasing the State Social Insurance Pensions Awarded for the First Time as of 1 March 2004
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1.The old-age and invalidity pensions awarded for the first time as of 1 March 2004 shall be increased according to provisions of Articles 59 and 60 of this Law of the awarding of the pension, provided a person fulfils on that day all the conditions specified in paragraph 1 of Article 58 of this Law.
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2.Where the state social insurance old-age pension awarded to a person must be reduced due to the fact that the person has chosen to participate in the accumulation of pensions under the Law on Reform of the Pension System (paragraph 4 of Article 17) or due to the fact the person has received the early old-age pension under the Law on the Early Payment of State Social Insurance Old-Age Pensions, the calculated amount of non-reduced state social insurance old-age pension shall be increased.
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Article 64Application of Provisions of Articles 58-63
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1.When determining whether a recipient of the state social insurance old-age or invalidity pension fulfils the conditions specified in subparagraphs 2 and 3 of paragraph 1 of Article 58 of this Law, account shall be taken of the state social pension insurance record acquired by the person and calculated according to provisions of this Law, where the pension has been awarded (is awarded) as of 1 January 1995. Where the old-age or invalidity pension had been awarded before 1 January 1995, entitlement to the increase of the old-age or invalidity pension shall be granted only to the recipients of these pensions whose insurance record as indicated in subparagraphs 2 and 3 of paragraph 1 of Article 58 consists of the insurance record calculated according to the pension laws in force in the Republic of Lithuania before 1 January 1995 and/or according to provisions of this Law.
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2.Where the state social insurance old-age or invalidity pension has not been increased as of 1 March 2004 (Articles 59 and 60) or as of the awarding thereof (Article 63) due to the failure to fulfil all the conditions specified in paragraph 1 of Article 58 of this Law, the pension shall be increased as soon as the person fulfils them as of the first day of the month following the month when the person began to fulfil these conditions.
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3.Where the coefficient of a person’s insured income has been increased according to provisions of Articles 59 and 60 or the pension increment has been added to the amount of the unrecalculated old-age or invalidity pension according to paragraph 1 of Article 65 and in the event of the occurrence of the circumstances due to which the coefficient kp or Kp or the increment PPs or PPinv may decrease or increase, the changed coefficient or pension increment shall not be changed, with the exception of the cases specified in paragraphs 4 and 5 of this Article and the cases when, upon the evaluation of the circumstances occurred, the difference between the amount of the increased pension which has been calculated according to kp or Kp and the amount of the pension calculated according to the coefficient k or K begins to exceed the maximum pension increment specified in paragraph 1 of Article 59 and paragraph 1 of Article 60 and indexed in accordance with the established procedure (amount M). In such cases, the application of the provisions on the increase of a pension shall be regulated by Article 65 of this Law.
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4.Where upon the increase of the old-age or invalidity pension it transpires that on the day of the increase of the pension, a person was entitled to other pensions and/or pension benefits awarded to him after the increase of the pension, but as of the dates preceding the increase of the pension or as of the increase of the pension, the person’s entitlement to the increase of the old-age or invalidity pension shall be determined anew as of the increase of the pension. In these cases, the overpayment of the old-age or invalidity pension shall be recovered by a decision of the director of a local office of the State Social Insurance Fund Board in accordance with the procedure laid down in the Regulations for the Awarding and Payment of State Social Insurance Pensions.
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5.When the coefficient of a person’s insured income as calculated for a period prior to 1 January 1994 in respect of a recipient of the state social insurance old-age or work incapacity (invalidity) pension to whom the pension was awarded after 1 January 1995 has been increased according to provisions of Articles 59 and 60 of this Law, the changed coefficient kp shall not be changed when awarding the pension anew (Article 42), also when awarding the old-age pension to a recipient of the work incapacity (invalidity) pension upon attaining the pensionable age, provided this is of benefit to the person. When a recipient of the state social insurance invalidity pension applies for the awarding of the old-age pension for the first time, also when a recipient of the state social insurance old-age or invalidity pension applies for the awarding of the pension anew (paragraph 2 of Article 46), where these pensions had been awarded to them prior to 1 January 1995, or when a recipient of the state social insurance work incapacity pension for whom the amount of this pension has been established according to data of the invalidity pension awarded prior to 1 January 1995 applies for the awarding of the pension, his entitlement to the increase of the pension shall be determined anew as of the awarding of the old-age or invalidity pension according to the newly calculated data on the insurance record and the amount of the pension (aggregate amount of pensions and/or pension benefits).
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Where it transpires that it is of benefit to a person to continue to receive the pension paid before an application for the awarding of the pension for the first time (or anew), he shall continue to be paid the pension paid to him previously.
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6.The entitlement of the persons entitled to the old-age pensions increased due to deferred application (Article 27) to the increase of the pensions according to provisions of Articles 58 and 59 shall be determined taking account of the amount of the pension (aggregate amount of pensions and/or pension benefits) without the increase for the period of deferred application. In such cases, the pension shall be increased according to Article 59 of this Law and shall be further increased for the period of deferred application in accordance with the procedure laid down by Article 27 of this Law.
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7.The early old-age pensions awarded under the Law on the Early Payment of State Social Insurance Old-Age Pensions shall not be increased according to provisions of Articles 58 and 59 of this Law.
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Article 65Application of the Increase of State Social Insurance Old-Age and Invalidity Pensions
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In the cases giving rise to the circumstances which are indicated in paragraph 3 of Article 64 of this Law and due to which the amount of the old-age or invalidity pension should be recalculated, the pensions shall be increased in accordance with the following procedure: taking account of the circumstances occurred, the old-age or invalidity pension shall be calculated according to the coefficient k or K of a person’s insured income. The old-age or invalidity pension shall be further calculated according to the changed coefficient kp or Kp. Where the difference between the calculated amounts of pensions exceeds the maximum pension increment (the amount M) specified in paragraph 1 of Article 59 and in paragraph 1 of Article 60 of this Law and indexed according to the insured income of the current year (paragraph 1 of Article 16) as valid when the circumstances occurred, the changed coefficient kp or Kp shall be recalculated so that the amount of the increase of the pension would not exceed the indexed maximum pension increment (the amount M), and in respect of Group III invalids – would not exceed one half of the indicated maximum pension increment. These provisions on the recalculation of the changed coefficient kp or Kp shall not apply in the cases when the amount of the state social insurance basic pension or the insured income of the current year increases.
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Article 66Increase of Work Incapacity Pensions
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The provisions of Articles 58, 60 and 63-65 of this Law on the conditions of and procedure for increasing state social insurance invalidity pensions shall accordingly apply to the work incapacity pensions awarded as of 1 July 2005. Work incapacity pensions shall be increased for the persons fulfilling all the required conditions specified for the increase of invalidity pensions as of the awarding of the work incapacity pension.
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Article 66(1). Determination of the Right of the Persons who have Acquired a State Social Pension Insurance Record Exceeding 30 Years to Increase of Pensions According to Provisions of Articles 58–66 of this Law The right of the persons who have acquired a state social pension insurance record exceeding 30 years to increase of state social insurance old-age and work incapacity (invalidity) pensions according to provisions of Articles 58-66 of this Law shall be determined by including the amount of a pension (the sum of pensions and/or pension benefits) and excluding the bonus for the length of the service.
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CHAPTER IX
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COMPENSATIONS FOR SPECIAL WORKING CONDITIONS
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Article 67Compensations for Special Working Conditions
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1.The persons who had not been awarded the state social insurance old-age or retirement pension before 1 January 1995, a Republic of Lithuania pension or personal pension or after 1 January 1995 – a permanent compensation benefit specified by other legal acts for special working conditions and who worked under the special conditions specified in this Article shall become entitled to monthly compensations. These persons shall be entitled to a state social insurance pension in accordance with the general procedure laid down by this Law and the Law on the Early Payment of State Social Insurance Old-Age Pensions.
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2.For the persons who before 1 January 1995 had been engaged in underground works and works under hazardous working conditions and in hot workshops as indicated in list No 1 of production, workshops, professions and positions which was in effect in Lithuania as well as for the persons who were engaged in other works under difficult conditions as indicated in list No 2:
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1)for the males who had been engaged in the works contained in list No 1 for at least 10 years and for females – for at least 7,5 years, the compensation shall be paid for 10 years;
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2)for the males who had been engaged in the works contained in list No 2 for at least 12,5 years and for females – for at least 10 years, the compensation shall be paid for 5 years.
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3.For flight personnel and flight-test personnel: for the males who had worked for 25 years according to the list of flight personnel and flight-test personnel in effect before 1 January 1995 and for the females who had worked according to this list for 20 years, the compensation shall be paid for 10 years.
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4.For the persons who had been engaged in the following works before 1 January 1995, the compensation shall be paid for 5 years:
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1)for the persons who had worked for at least 15 calendar years in the regions of the Far North of the former USSR or for at least 20 years in equivalent locations according to a list of the regions of the Far North and locations of the Far North in effect before 1 January 1995;
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2)for the females who had been engaged for at least 20 years at textile undertakings in the works as indicated in the list of textile production and professions which was in effect in Lithuania;
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3)for the females who had worked for at least 15 years as tractor-drivers in agriculture, other branches of economy and as drivers of construction, road building and auto-loaders according to the list of production and professions which was in effect in Lithuania;
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4)for the actors with certain insurance record entitling them to the retirement pension according to the Regulations for the Awarding and Payment of Retirement Pensions to Employees of Theatres and other Theatre and Audience Institutions in force before 1 January 1995;
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5)for civil aviation employees: for the males who had been engaged in air traffic control and had had a dispatcher’s certificate for at least 15 years, and for females – for at least 10 years;
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6)for the civil aviation technical staff who had worked according to the list of civil aviation technical staff in effect before 1 January 1995: for the males who had worked for at least 20 years and for females – for at least 15 years.
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5.The persons who had worked for at least a half of the period specified in paragraphs 2-4 of this Article and required to receive compensation for special working conditions shall be paid a part of the compensation in proportion to the period worked. Where a period of work of not less than 10 years under the conditions indicated in this Article is required to receive the compensation, a part of the compensation shall be subject to at least a half of this period during 1988-1994; where the required period of work is not to exceed 15 years, at least a half of this period must to fall during 1986-1994; where the required period of work is 20 years, at least a half of this time must fall during 1983-1994; where the required period of work is 25 years, at least a half of this period must fall during 1980-1994; where the required period of work is 30 years, at least a half of this period must fall during 1978-1994.
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6.Where a person, for the reasons mentioned in this Article, is entitled to several compensations, only the largest compensation shall be paid to him.
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7.The amount of a monthly compensation shall consist of 150% of the state social insurance basic pension. The persons indicated in paragraph 3 and subparagraph 4 of paragraph 4 of this Article may be paid compensation of the fixed amount chosen by them, but not less than 50% and not more than 150% of the amount of the state social insurance basic pension per month.
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8.For the persons entitled to either full compensation or a part thereof, with the exception of those indicated in paragraph 3 and subparagraph 4 of paragraph 4 of this Article, the payment of the compensation shall commence as many months in advance left until the attaining of the pensionable age specified by this Law as are required for the payment of the compensation. Where the time limit for the payment of the compensation or a part thereof to a person expires (or had expired before 9 November 2001), and the person has not attained yet (or had not attained before 9 November 2001) the pensionable age, the compensation shall be paid to him until he attains the pensionable age, irrespective of the fact that in such cases, the number of the monthly compensations to which the person is entitled is exceeded. For the persons indicated in paragraph 3 and subparagraph 4 of paragraph 4 of this Article and entitled to full compensation or a part thereof, the payment of the compensation may commence earlier if they no longer hold an office entitling them to the compensation. The payment of the compensation shall commence as of the date at their choice according to their application submitted to a local office of the State Social Insurance Fund Board. In such case, the total number of monthly compensations to be paid must not exceed the number of monthly compensations due to this person.
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9.It shall be possible to apply for the awarding and payment of compensation three months prior to the date of entitlement to the compensation as specified in paragraph 8 of this Article or at any other time following the date of entitlement to the compensation. Where the persons entitled to the compensation apply for awarding of the compensation after the time limits laid down for the commencement of the payment of the compensation in paragraph 8 of this Article, the compensation shall be paid to them as of the date of entitlement to the compensation, but for a period not exceeding 12 months preceding the receipt of the documents required for the awarding and payment of the compensation by a local office of the State Social Insurance Fund Board.
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10.The conditions of and procedure for paying compensation to the persons who worked under special working conditions outside Lithuania shall be laid down by international agreements and treaties.
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11.The procedure for calculating and paying compensations shall be laid down by the Government of the Republic of Lithuania.
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I promulgate this Law passed by the Seimas of the Republic of Lithuania.
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PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS