LIETUVOS RESPUBLIKOS OFFICIAL TRANSLATION REPUBLIC OF LITHUANIA LAW ON STATE SOCIAL INSURANCE PENSIONS 18 July 1994 No I-549 (As last amended on 19 May 2005 – No X-209) Vilnius CHAPTER I GENERAL PROVI

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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 period of state social pension insurance acquired while working under an employment contract or on the basis of membership or service is shorter than the obligatory period of state social pension insurance for the work incapacity pension (Article 31), the period of insurance 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 period of state social pension insurance acquired by the person while working under an employment contract or on the basis of membership or service and dividing it by the period of insurance obligatory for the work incapacity pension.

1. 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. Article
2. Calculation the State Social Insurance Work Incapacity Pension for a Person who Received the Early Old-Age Pension 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 CHAPTER IV STATE SOCIAL INSURANCE SURVIVOR'S AND ORPHAN'S (LOSS OF BREADWINNER’S) PENSIONS Article
3. Entitlement to the Survivor’s or Orphan’s Pension
4. The spouse and children of a deceased person (or a person declared dead or missing in accordance with the established procedure) who was covered by state social pension insurance as well as other persons equivalent to them shall be entitled to the state social insurance survivor's or orphan's pension where the deceased person had been granted the right as established by this Law to receive the state social insurance work incapacity (before 1 July 2005 – invalidity) pension or old-age pension or received one of these pensions. If the person had not received one of the indicated pensions prior to his death, it shall be considered that he had been entitled to the work incapacity (before 1 July 2005 – invalidity) pension or old-age pension (depending on his age), provided he had the minimum period of state social pension insurance for this pension on the day of his death. A widow or a widower who did not have children with the deceased spouse shall be entitled to the pension only if at least 5 years have lapsed from the day of marriage registration in accordance with the established procedure to the day of the spouse’s death.
5. 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 judgement, have been convicted of a deliberate crime to the deceased for whom this pension is or has been awarded . Article
6. Persons Entitled to the Survivor’s Pension
7. One of the following persons shall be entitled to the state social insurance survivor’s pension: 1) a widow or widower who raises the deceased person's children (adopted children) under 18 years of age (full-time pupils of general education and vocational schools – until their graduation, but not longer than until they attain 19 years of age) as well as nurses at home the deceased person's children (adopted children) who are rated as having lost 75-100 per cent of their capacity for work (before 1 July 2005 – Group I invalids), where these children (adopted children) were rated as disabled (before 1 July 2005 – invalids) before attaining 18 years of age and where they are paid the state social insurance orphan’s or orphan’s social assistance pension; 2) a widow or widower who attained old-age retirement age or were rated as 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 (full-time pupils of general education and vocational schools – until their graduation, but not longer than until they attain 19 years of age) as well as nursing at home the deceased person's children (adopted children) rated as having lost 75-100 per cent 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 – invalids) before attaining 18 years of age and where they are paid the state social insurance orphan’s or orphan’s social assistance pension. 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 as well as where a widow or widower rated as incapable or partially capable of work (before 1 July 2005 – invalid) attain old-age retirement age during the period of payment of the survivor’s pension; 3) a widow or widower who had attained old-age retirement age or had been rated as incapable or partially capable of work (before 1 July 2005 – invalids) prior to the spouse’s death or attained such age or were rated as incapable or partially capable of work (before 1 July 2005 – invalids) within 5 years from the spouse's death. 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 as well as where a widow or widower rated as incapable or partially capable of work (before 1 July 2005 – invalid) attain old-age retirement age during the period of payment of the survivor’s pension, irrespective of the lapse of more than 5 years from the spouse’s death. A widow or a widower who did not have children with the deceased spouse shall be entitled to the pension only if at least 5 years have lapsed from the day of marriage registration in accordance with the established procedure to the day of the spouse’s death. 4) the de facto spouse who has children with the deceased and raises them until 18 years of age (full-time pupils of general education and vocational schools – until their graduation, but not longer than until they attain 19 years of age) or nurses them at home for the reason of rating these children as having lost 75-100 per cent of their capacity for work (before 1 July 2005 – Group I invalids), where these children had been rated as disabled (before 1 July 2005 – Group I invalids) before attaining 18 years of age and where they are paid the state social insurance orphan’s or orphan’s social assistance pension as well as where there is no spouse of the deceased person who may be awarded the survivor’s pension.
8. Where there are no persons listed in paragraph 1 of this Article, the right to receive the survivor’s pension shall be granted to a person recognised, in accordance with the procedure laid down by the Civil Code, as a guardian (custodian) and raising the deceased person’s children (adopted children) under 18 years of age (full-time pupils of general education and vocational schools – until their graduation, but not longer than until they attain 19 years of age) as well as a person recognised, in accordance with the established procedure, as a guardian (custodian) and nursing at home the deceased person's children (adopted children) rated as having lost 75-100 per cent of their capacity for work (before 1 July 2005 – Group I invalids), where these children (adopted children) had been rated as disabled (before 1 July 2005 – invalids) before attaining 18 years of age and where they are paid the state social insurance orphan’s or orphan’s social assistance pension.
9. In the event of remarriage, the survivor’s pension paid to a widow or widower or to a de facto spouse who receives the survivor's pension shall be discontinued. A person who is entitled to several survivor's pensions shall be awarded and paid only one of them at his own choice. Article
10. Persons Entitled to the Orphan’s Pension
11. The right to receive the state social insurance 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. The stepsons or stepdaughters of the deceased maintained by the deceased stepfather (stepmother) and not entitled to the orphan’s pension prior to his death shall be entitled to the state social insurance orphan’s pension under the same conditions as the children of the deceased.
12. Full-time pupils and students of the higher and post-secondary education institutions as well as vocational and general education schools registered in accordance with the established procedure shall be entitled to the orphan's pension until graduation, but not longer than until they attain 24 years of age.
13. The children of the deceased who are entitled to the orphan’s pension shall also retain this right when they are adopted. Article
14. Amount of the Survivor’s and Orphan's Pension
15. For a person entitled to the survivor’s pension (Article 35), this pension shall be awarded in the amount of 20 per cent of the state social insurance work incapacity pension (Article 32) to which the deceased person could have been entitled and which has been established for the persons who have lost 60-70 per cent of their capacity for work (before 1 July 2005 – the pension for Group II invalids) or of the state social insurance old-age pension to which the deceased person could have been entitled, provided the deceased person had already attained old-age retirement age. This amount shall be calculated according to the amount of the state social insurance basic pension as valid in March 2002 and the average monthly insured income as valid in March
16. Where according to paragraph 2 of Article 35, several guardians (custodians) are entitled to the survivor’s pension, each of them shall be awarded equal portions of the pension, but not exceeding 20 per cent of the total amount of the work incapacity pension (before 1 July 2005 – the pension for Group II invalids) as calculated in accordance with the procedure laid down in this paragraph. Upon the approval of a new, larger amount of the state social insurance basic pension or new, larger insured income of the current year, survivor’s pensions shall not be increased.
17. For a person entitled to the orphan’s pension (Article 36), the orphan’s pension shall be awarded in the amount of 30 per cent of the state social insurance work incapacity pension (Article 32) to which the deceased person could have been entitled and which has been established for the persons who have lost 60-70 per cent of their capacity for work (before 1 July 2005 – the pension for Group II invalids) or of the state social insurance old-age pension to which the deceased person could have been entitled, provided the deceased person had already attained old-age retirement age, if one child is entitled to the orphan’s pension. Where more than one child is entitled to it, the pension shall be divided equally among the children, but not more than 30 per cent per each child and not more than 80 per cent of the total amount of the calculated work incapacity or old-age pension. Where there are no persons entitled to the survivor's pension, each orphan shall be awarded an equal portion of the pension, but not more than 30 per cent of the amount of the calculated work incapacity pension established for the persons who have lost 60-70 per cent of their capacity for work (before 1 July 2005 – the pension for Group II invalids) or of the amount of the old-age pension (depending on the age of the deceased) and not more than 100 per cent of the total amount of this pension per each child. Upon the approval of a new, larger amount of the state social insurance basic pension or new, larger insured income of the current year, orphan’s pensions shall be increased accordingly.
18. Upon the death of a recipient of the old-age, work incapacity or invalidity pension, the amount of the state social insurance survivor’s pension (paragraph 1 of this Article) shall be respectively established according to the amount of the old-age, work incapacity or invalidity pension awarded to the deceased as calculated according to the amount of the state social insurance basic pension valid in March 2002 and the average monthly insured income valid in March
19. In these cases, the reduction of the work incapacity pension calculated for the persons who have lost 45-55 per cent of their capacity for work (before 1 July 2005 – the pension for Group III invalids) as specified in paragraph 4 of Article 32 of this Law shall not apply. Upon the approval of a new, larger amount of the state social insurance basic pension or new, larger insured income of the current year, survivor’s pensions shall not be increased.
20. Upon the death of a recipient of the old-age, work incapacity or invalidity pension, state social insurance orphan’s pensions shall be calculated according to the amount of the old-age, work incapacity or invalidity pension received by the deceased in accordance with the procedure laid down in paragraph 2 of this Article. In these cases, the reduction of the work incapacity pension calculated for the persons who have lost 45-55 per cent of their capacity for work (before 1 July 2005 – the pension for Group III invalids) as specified in paragraph 4 of Article 32 of this Law shall not apply. Upon the approval of a new, larger amount of the state social insurance basic pension or new, larger insured income of the current year, orphan’s pensions shall be increased accordingly. Article
21. Calculation of the Survivor’s and Orphan’s Pension upon the Death of a Person who Received the Early Old-Age Pension Prior to his Death or Earlier
22. Upon the death of a person who received the early old-age pension prior to his death, the state social insurance survivor’s and orphan’s pension shall be awarded to the persons entitled to it (Article 35 and 36 of this Law) taking account of the amount of the early old-age pension received by the deceased and shall be calculated in accordance with the procedure laid down in Article 37 of this Law.
23. Upon the death of a person who had received the early old-age pension earlier, the state social insurance survivor’s and orphan’s pension shall be awarded to the persons entitled to it (Article 35 and 36 of this Law) taking account of the amount of the state social insurance old-age or invalidity or work incapacity pension received by the deceased or the amount of the old-age or work incapacity pension to which the person could have been entitled. These amounts shall be calculated in accordance with the procedure laid down by this Law (Articles 23, 24, 25, 32, 33 and 37). Article
24. Calculation of a Pension for the Orphans who have Lost Both Parents For the orphans (Article 36) who have lost both parents, the amount of the state social insurance orphan’s pension shall consist of the aggregate amount obtained after calculating the orphan’s pension for each of the deceased parent separately. CHAPTER V AWARDING AND PAYMENT OF STATE SOCIAL INSURANCE PENSIONS AND EXAMINATION OF DISPUTES ON THE PENSIONS Article
25. Awarding of State Social Insurance Pensions
26. 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.
27. Pensions shall be paid by territorial departments of the State Social Insurance Fund Board according to a pensioner’s permanent or actual place of residence. The services related to the delivery of pensions may be provided for an agreed price by postal and other undertakings by way of tender. Competitions shall be organised in accordance with the procedure laid down by the Law on Public Procurement. Where more than one undertaking participates in a tender and the price of delivery of pensions and other conditions are identical, priority shall be given to the post.
28. 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.
29. 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.
30. 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
31. Time Limits for the Awarding and Payment of a Pension
32. 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.
33. 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.
34. 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.
35. 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.
36. 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 two-month period. Article
37. Awarding of a Pension Anew
38. 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 period of state social pension insurance of at least 2 years while working under an employment contract or on the basis of membership or service (

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 period of insurance acquires the obligatory period of insurance while working under an employment contract or on the basis of membership or service after the awarding of the pension (

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) 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 period of state social pension insurance as acquired by him after the awarding of the pension was less than 2 years.

1. 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 invalidity pensions who have attained old-age retirement age shall not be awarded work incapacity pensions. At their request, they shall be awarded the old-age pension instead of the invalidity pension according to the new data of the period of insurance and earnings or shall continue to be paid the invalidity pension until the expiry of the established time limit of invalidity.
2. 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 period of insurance and earnings by increasing it twofold (by establishing 60-70 per cent of lost capacity for work instead of 45-55 per cent 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 per cent of lost capacity for work instead of 60-70 per cent of lost capacity for work or instead of Group II invalidity) in the amount of 1,5 basic pensions (for those not having the obligatory period of insurance – in proportion to the acquired period of insurance). 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 period of insurance and earnings by commencing to pay the basic part of the pension (in the event of establishing 60-70 per cent of lost capacity for work instead of 75-100 per cent of lost capacity for work or instead of Group I invalidity) in the amount of the basic pension (for those not having the obligatory period of insurance – in proportion to the acquired period of insurance) or a pension reduced by half shall be paid (in the event of establishing 45-55 per cent of lost capacity for work instead of 60-70 per cent of lost capacity for work or instead of Group II invalidity). Where a person is established 75-100 per cent of lost capacity for work instead of Group I invalidity, 60-70 per cent of lost capacity for work – instead of Group II invalidity, 45-55 per cent of lost capacity for work – instead of Group III invalidity, the lost 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
3. Payment of a Pension upon Moving Abroad
4. When a pensioner moves to permanently reside in another state, the awarded pension shall be paid to him, provided: 1) the pensioner has acquired at least the minimum period of state social pension insurance required for the pension of an appropriate type while working in Lithuanian undertakings, agencies or organisations; 2) the pensioner is a rehabilitated political prisoner or deportee who has acquired a part of the period of insurance during imprisonment or at the place of deportation (Article 54).
5. 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.
6. 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. Article
7. Overpayment or Underpayment of a Pension
8. 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.
9. 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. Article
10. Appeals against Decisions of the Administration Agencies of the State Social Insurance Fund
11. 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.
12. 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
13. Recalculation of the Pensions Awarded before 1 January 1995
14. 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 period of insurance 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 period of state social pension insurance according to provisions of paragraph 1, subparagraphs 1-9 of paragraph 2 and paragraphs 3 and 4 of Article
15. 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.
16. 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 period of state social pension insurance of at least 2 years while working under an employment contract or on the basis of membership or service (

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, 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 period of insurance 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 (

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, 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 period of insurance as established by this Law irrespective of the fact that the period of state social pension insurance as acquired by them after the awarding of the pension was less than 2 years.

1. State social insurance survivor’s and orphan's pensions for the persons deceased on 1 January 1995 and later shall be awarded in accordance with Articles 34-39 of this Law. Survivor's pensions for the persons deceased before 1 January 1995 shall be awarded according to Article 47 of this Law, and orphan's pensions – according to Articles 34, 36, 37 and 39 of this Law. 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, 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 other parent deceased before 1 January
2. 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.
3. 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 period of insurance 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 period of insurance as recorded in a retirement pension file by submitting documents about the period of insurance acquired during the periods which are held equivalent to the period of state social pension insurance 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 the Officers and Servicemen of the Interior, Special Investigation Service, State Security, National Defence, the Prosecutor’s Office, the Prisons Department, Agencies and State Enterprises Subordinate to It. Article
4. Survivor's Pensions for the Spouses Deceased before 1 January 1995
5. The state social insurance survivor's pension for a spouse deceased before 1 January 1995 shall be awarded where the deceased had acquired the minimum period of state social pension insurance as established by this Law or an equivalent period of insurance depending on his age for the work incapacity or old-age pension (paragraph 1 of Article 22, paragraph 1 of Article 31 and Article 54) or had received the state social insurance old-age or invalidity pension.
6. The following persons shall be entitled to the state social insurance survivor’s pension for a spouse deceased before 1 January 1995: 1) a widow or widower who attained old-age retirement age or were rated as 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 as well as nursing at home the deceased person's children (adopted children) rated as having lost 75-100 per cent of their capacity for work (before 1 July 2005 – Group I invalids), where these children (adopted children) had been rated as disabled (before 1 July 2005 – invalids) before attaining 18 years of age and where they are paid the loss of breadwinner’s or state social insurance orphan’s or orphan’s social assistance pension. 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 is 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 as well as where a widow or widower rated as incapable or partially capable of work (before 1 July 2005 – invalid) attains old-age retirement age during the period of payment of the survivor’s pension; 2) a widow or widower who had attained old-age retirement age or had been rated as invalid before the spouse’s death or attained such age or was rated as invalid within 5 years from the spouse's death. 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 is 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 as well as where a widow or widower rated as incapable or partially capable of work (before 1 July 2005 – invalid) attains old-age retirement age during the period of payment of the survivor’s pension, irrespective of the lapse of more than 5 years from the spouse’s death.
7. A widow or a widower who did not have children with the deceased spouse shall be entitled to the pension only if at least 5 years have passed from the day of marriage registration in accordance with the established procedure to the day of the spouse’s death.
8. The persons listed in paragraph 2 of this Law shall be entitled to the state social insurance survivor's pension only where a spouse deceased after the entry into force of the Law on State Social Insurance, i.e. after 1 June 1991, was a permanent resident of the Republic of Lithuania at the time of his death.
9. A widow or a widower entitled to the survivor's pension for a spouse who died before 1 January 1995 shall be awarded the pension in the amount of 25 per cent of the state social insurance basic pension as valid in March
10. Upon the approval of a new, larger amount of the basic pension, survivor’s pensions shall not be increased.
11. In the event of remarriage, the survivor’s pension paid to a widow or widower receiving the survivor’s pension for a spouse deceased before 1 January 1995 shall be discontinued. Article
12. Basic Part of a Recalculated Pension
13. 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
15. 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 period of insurance as recorded in a pension file and by dividing by the period of insurance 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
16. Calculation of the Period of Insurance Acquired before 1 January 1995 when Recalculating Awarded Pensions
17. The total period of insurance 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 period of state social pension insurance acquired while working under an employment contract or on the basis of membership or service. The periods included in the period of insurance by increasing their duration shall be included as periods of calendar duration.
18. The periods of insurance 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 period of state social pension insurance 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.
19. When recalculating the invalidity pension, the period indicated in subparagraph 2 of paragraph 3 of Article 32 shall be included in the period of insurance. Where a person's period of state social pension insurance 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 period of insurance. Article
20. Calculation of the Coefficient of a Person’s Insured Income when Recalculating Awarded Pensions
21. 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.
22. When recalculating awarded pensions, the coefficient of a person’s insured income shall not exceed
23. Article
24. 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
25. Indexation of an Unrecalculated Pension after 1 January 1995
26. A pension not recalculated under this Law shall be indexed every time upon the approval of a new amount of the basic pension or insured income of the current year.
27. A pension’s part which does not exceed the new amount of the basic pension shall be indexed as the basic pension, whereas the remaining part – according to the ratio of the newly approved insured income to the previous insured income of the current year.
28. Where an unrecalculated pension exceeds or after the indexation begins to exceed LTL 500, it shall be paid in the amount of LTL 500, shall not be further indexed and shall not be increased in any other way until a pension payable to that person under this Law begins to exceed LTL
29. Article
30. Payment, Increase and Indexation of State Social Insurance Invalidity Pensions
31. 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, larger amount of the state social insurance basic pension or new, larger insured income of the current year, the pensions for Group I invalids which continue to be paid shall be increased 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.
32. 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. CHAPTER VII PENSIONS AWARDED AFTER 1 JANUARY 1995 Article
33. Periods Held Equivalent to the Period of State Social Pension Insurance
34. 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 period of state social pension insurance 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) period of service in paramilitary security forces, special communication institutions and special rescue units regardless of departmental subordination and special or military rank.
35. The following periods before 1 January 1995 shall be held equivalent to a person's period of state social pension insurance 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) actual period of military, frontier and internal service (with the exception of service in destroyer squads and battalions) as well as the period of compulsory military service in the Soviet army; 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.
36. The following periods before 1 January 2005 shall be held equivalent to a person's period of state social pension insurance 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.
37. The periods listed in this Article shall be included in the period of state social pension insurance 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. Article
38. Income Held Equivalent to a Person's Insured Income
39. 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.
40. 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. Article
41. Specific Features of Calculation of the Coefficient of Insured Income
42. 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.
43. 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 period 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 period of insurance”), 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 period of insurance after 1 January 1994, but not exceeding a total of 20 years. As of 1 January 2009, the years of a person’s period of insurance before 1 January 1994 shall not be included in the calculation of the average. In respect of the persons who had become entitled to the state social insurance old-age pension before 1 January 2009, 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 period of insurance and the coefficient of insured income before 1 January 1994, and the second half – the person’s period of insurance and the coefficient of insured income after 1 January
44. In respect of the persons who shall become entitled to the state social insurance old-age pension as of 1 January 2009 and later, the formula of calculation of the supplementary part of the state social insurance old-age pension shall consist of one part containing the person’s entire period of insurance and the coefficient of insured income calculated according to the person’s insured income received since 1 January 1994, but not exceeding 25 most favourable calendar years of that person’s period of insurance as selected by him (Articles 19 and 24).
45. The coefficient of a person’s insured income according to his insured income before and after 1 January 1994 shall not exceed
47. Where a person cannot submit data about the income held equivalent to insured income (Article 55) for a period held equivalent to the period of state social pension insurance (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 period of state social pension insurance 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).
48. Where a person does not have the five most favourable consecutive calendar years indicated in paragraph 2 of this Article, though he had the period of insurance 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 period of insurance. Where a person had, within the indicated period, the period of insurance 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 period of insurance in compliance with the calendar sequence of years. Where a person had, within the indicated period, the period of insurance which is less than five consecutive or non-consecutive calendar years or did not have any period of insurance within the specified period, the coefficient of his insured income shall be calculated by taking the years which are necessary for a five-year period of insurance from the previous period, counting backwards from 1983 to 1974 inclusive.
49. Where during the periods indicated in paragraphs 2 and 5 of this Article a person does not have any period of insurance acquired while working under an employment contract or on the basis of membership or service (

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 to the insured income of the year of the awarding of the pension shall be considered to be the coefficient of his insured income.

1. 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. Article
2. Regulation of Old-Age Retirement Age and the Period of Insurance during the Transitional Period
3. Before 1 January 1995, old-age retirement age shall be: for females – 55 years and for males – 60 years .
4. As of 1 January 1995 and on 1 January of each subsequent year until 1 January 2001, old-age retirement age shall be increased annually: for females – by four months per year and for males – by two months per year. As of 1 January 2001 and on 1 January of each subsequent year, old-age retirement age shall be increased for females and for males by six months per year until it reaches the old-age retirement age specified in Article 21 of this Law: for females – 60 years and for males – 62 years and 6 months.
5. The obligatory period of state social pension insurance for the state social insurance old-age pension before 1 January 1995 shall be: for females – 20 years and for males – 25 years. CHAPTER VIII PROVISIONS FOR THE INCREASE OF OLD-AGE AND INVALIDITY PENSIONS AS OF 1 MARCH 2004 AND APPLICATION THEREOF TO THE WORK INCAPACITY PENSIONS AWARDED AS OF 1 JULY 2005 Article
6. Conditions of the Increase of State Social Insurance Old-Age and Invalidity Pensions as of 1 March 2004
7. State social insurance old-age and invalidity pensions shall be increased as of 1 March 2004 for the persons who fulfil all of the following conditions: 1) have the obligatory period of state social pension insurance for the old-age or invalidity pension, where the pension was awarded after 1 January 1995, or had the period of insurance required for the awarding of the entire amount of the old-age or invalidity pension, where the pension had been awarded under the pensions laws in force in the Republic of Lithuania before 1 January 1995; 2) recipients of old-age pensions have the period of state social pension insurance specified in paragraph 3 of Article 57 of this Law (for females – 20 years and for males – 25 years ) and acquired while working under an employment contract or on the basis of membership or service before 1 January 1995; 3) recipients of invalidity pensions acquired a portion of their period of state social pension insurance (regardless of duration thereof) while working under an employment contract or on the basis of membership or service before 1 January
8. Where the entire period of insurance of a recipient of the invalidity pension was acquired in 1994, the invalidity pension shall be increased where a portion of this period of insurance was acquired while working under an employment contract or on the basis of membership or service and where the invalidity pension was awarded in 1994; 4) the amount of a single state social insurance old-age or invalidity pension awarded to a person does not exceed LTL 325 per month. Where the same person has been awarded several state social insurance pensions, state pensions, compensation for special working conditions, signatory’s state annuity, state annuity of signatory’s survivors and orphans, annuity of artists, monthly benefit of professor emeritus , etc., paid from the state budget or the budget of the State Social Insurance Fund (hereinafter referred to as “pensions and pension benefits”), – where the aggregate amount of these pensions and/or pension benefits does not exceed LTL 325 per month. When increasing the state social insurance Group III invalidity pension awarded and paid to a person, account shall be taken of the amount of the invalidity pension according to Group II invalidity.
9. A person’s compliance with all the conditions specified in this Article and necessary for the increase of state social insurance old-age and invalidity pensions shall be determined according to the period of state social pension insurance recorded in the person’s pension file as on 1 March 2004 and the amount of the pension awarded (total aggregate amount of awarded pensions and/or pension benefits). Article
10. Increase of State Social Insurance Old-Age Pensions
11. The state social insurance old-age pensions awarded under this Law to the persons fulfilling the conditions specified in subparagraphs 1, 2 and 4 of paragraph 1 of Article 58 of this Law shall be increased according to the following formula: PPs= [M+(R–M) BPS/R–BPS] S/Sn, where: PPs – individual increment of the old-age pension; M – maximum increment of the old-age pension – LTL 120; R – the limit of the increase of the old-age pension – LTL 325; BPS – the amount of a single state social insurance old-age pension awarded to a person or the aggregate amount of awarded pensions and/or pension benefits; S – the person’s entire period of state social pension insurance acquired while working under an employment contract or on the basis of membership or service; Sn – norm of the period of state social pension insurance (for females – 20 years and for males – 25 years).
12. The individual increment of the old-age pension PPs having been calculated in accordance with the procedure laid down in paragraph 1 of this Article, the coefficient of a person’s insured income as calculated for the period before 1 January 1994 shall be changed according to the following formula: kp = k + PPs /(0,005 x s x D).
13. The changed coefficient kp shall be entered in the formula for the calculation of the first half of the supplementary part of the old-age pension for the period before 1 January 1994 (paragraph 2 of Article 56) instead of the calculated coefficient k of the person’s insured income. Where the old-age 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.
14. In the cases when the increase, as of 1 March 2004, of state social insurance old-age pensions calculated in accordance with the procedure laid down in this Article is less than LTL 1, these pensions shall be increased by LTL
15. Article
16. Increase of State Social Insurance Invalidity Pensions
17. The state social insurance invalidity pensions awarded under this Law to the persons fulfilling the conditions specified in subparagraphs 1, 3 and 4 of paragraph 1 of Article 58 of this Law shall be increased according to the following formula: PPinv= M+(R–M) BPS/R–BP, where: PPinv – individual increment of the invalidity pension; M – maximum increment of the invalidity pension – LTL 120; R – the limit of the increase of the invalidity pension – LTL 325; BPS – the amount of a single state social insurance invalidity pension awarded to a person or sum of awarded pensions and/or pension benefits. Where a person has been awarded and is paid the state social insurance Group III invalidity pension, the increase of this pension shall take account of the amount of the invalidity pension according to Group II invalidity.
18. 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).
19. 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.
20. 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
21. Article
22. Procedure for Increasing the State Social Insurance Old-Age and Invalidity Pensions Recalculated under This Law
23. 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.
24. 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: Kp = K +PPs /(0,005 x S x D) or Kp = K + PPinv /(0,005 x S x D).
25. 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.
26. 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
27. Article
28. Procedure for Increasing Unrecalculated State Social Insurance Old-Age and Invalidity Pensions
29. 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: 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; 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 per cent.
30. 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
31. Article
32. Procedure for Increasing the State Social Insurance Pensions Awarded for the First Time as of 1 March 2004
33. 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.
34. 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. Article
35. Application of Provisions of Articles 58-63
36. 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 period of state social pension insurance acquired by the person and calculated according to provisions of this Law, where the pension has been awarded (is awarded) as of 1 January
37. 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 period of insurance as indicated in subparagraphs 2 and 3 of paragraph 1 of Article 58 consists of the period of insurance 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.
38. 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.
39. 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 case specified in paragraph 4 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.
40. 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 territorial department 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.
41. Where a recipient of the state social insurance old-age or invalidity pension applies for the awarding of the pension anew (Article 42, paragraph 2 of Article 46), his entitlement to the increase of the old-age or invalidity pension shall be determined anew as of the awarding of the old-age or invalidity pension anew according to the newly calculated data on the period of insurance and the amount of the pension (aggregate amount of pensions and/or pension benefits). 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 anew, he shall continue to be paid the pension paid to him previously.
42. 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.
43. 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. Article
44. Application of the Increase of State Social Insurance Old-Age and Invalidity Pensions 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. Article
45. Increase of Work Incapacity Pensions 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
46. 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. CHAPTER IX COMPENSATIONS FOR SPECIAL WORKING CONDITIONS Article
47. Compensations for Special Working Conditions
48. 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.
49. 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: 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; 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.
50. 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.
51. For the persons who had been engaged in the following works before 1 January 1995, the compensation shall be paid for 5 years: 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; 2) for the females who had