- •§ 1. Scope of application of Act
- •§ 2. Definition of state pension
- •§ 3. Insured persons
- •§ 4. Right to receive state pension
- •§ 5. Types of state pension
- •§ 6. Right to choose type of pension
- •§ 7. Right to receive old-age pension
- •§ 8. Deferred old-age pension
- •§ 9. Early-retirement pension
- •§ 11. Amount of old-age pension
- •§ 12. Annual factor of insured person
- •§ 13. Average amount of pension insurance part of individually registered social tax
- •§ 14. Right to receive pension for incapacity for work
- •§ 15. Pension qualifying period required for grant of pension for incapacity for work
- •§ 16. Permanent incapacity for work
- •§ 161. Term for conduct of examination
- •§ 17. Results of examination for establishment of incapacity for work
- •§ 18. Calculation of pension for incapacity for work
- •§ 19. Transfer from pension for incapacity for work to old-age pension
- •§ 20. Right to receive survivor’s pension
- •§ 21. Calculation of survivor’s pension
- •§ 22. Right to receive national pension
- •§ 23. Amount of national pension
- •§ 231. Transfer from national pension to pension for incapacity for work
- •§ 24. Right to receive pension supplements
- •§ 25. Recalculation of state pension
- •§ 26. Indexation of state pensions
- •§ 27. Pension qualifying period
- •§ 28. Time included in years of pensionable service
- •§ 29. Calculation of years of pensionable service
- •§ 30. Calculation of accumulation period
- •§ 31. Claim for state pension
- •§ 32. Grant of state pension
- •§ 33. Pension committee
- •§ 34. Decision to grant pension
- •§ 35. Pension certificate
- •§ 36. Payment of state pension
- •§ 41. Grant and payment of survivor's pension
- •§ 42. Specifications of calculation and payment of state pensions if pension rights arise pursuant to international agreement
- •§ 421. Calculation and payment of old-age pension upon employment by institutions of European Community
- •§ 43. Payment of state pensions to persons who are employed
- •§ 44. Payment of state pension on basis of authorisation document
- •§ 45. Unreceived pension
- •§ 46. Payment of state pensions to sentenced pensioners
- •§ 47. Withholding amounts from state pension
- •§ 48. Reclamation of pension amounts
- •§ 49. Organisation of state pension insurance
- •§ 50. State Pension Insurance Register
- •§ 51. Purpose and chief processor of register
- •§ 52. Entries in register and receiving data from register
- •§ 53. Composition, sources and registration of data
- •§ 54. Notification of insured persons
- •§ 55. State pension insurance funds
- •§ 56. Sources for covering expenditure prescribed for state pension insurance
- •§ 57. Expenditure prescribed for state pension insurance
- •§ 58. Previously determined categories of disability
- •§ 581. Specifications for increasing deferred old-age pension
- •§ 582. Differences in recalculation of old-age pension coefficient and permissibility of transfer of pension rights
- •§ 59. Calculation of accumulation periods and insurance components of state pensions for years 1999, 2000 and 2001
- •§ 60. Retention of previously granted pensions
- •§ 61. Value of base amount of pension, year of pensionable service and national pension rate
- •§ 611. Enrolment in full-time study
- •§ 612. Grant and recalculation of pension retroactively
- •§ 613. Allocations prescribed in state budget for specific purposes paid into pension insurance reserve and emergency reserve
- •§ 614. Payment of pensions
- •§ 62. Amendment of Superannuated Pensions Act
- •§ 63. Amendment of Old-Age Pensions under Favourable Conditions Act
- •§ 64. Amendment of Defence Forces Service Act
- •§ 65. Amendment of State Compensation of Victims of Crime Act
- •§ 66. Amendment of Social Benefits for Disabled Persons Act
- •§ 67. Repeal of legislation
- •§ 68. Entry into force of Act
§ 32. Grant of state pension
(1) The director or deputy director of a local pension office or the head or deputy head of a structural unit of the pension office authorised by the director of the pension office grants a state pension, except in the case provided for in § 33 of this Act.
(18.10.2006 entered into force 20.11.2006 - RT I 2006, 49, 370)
(2) A state pension shall be granted as of the date of making a pension claim. A pension shall be granted as of an earlier date in the following cases:
1) an old-age pension shall be granted as of the date of attaining pensionable age (subsection 7 (1) or (2) or subsection 10 (1)), and a pension for incapacity for work or a national pension shall be granted to a person declared permanently incapacitated for work as of the date of determination of the permanent incapacity for work, if the pension application is submitted within three months after the date of attaining pensionable age or determination of the permanent incapacity for work;
2) a survivor’s pension or national pension shall be granted as of the date of death of the provider or the date of initiation by the police authorities of the procedure for establishing the whereabouts of the missing person, but not more than twelve months before making a pension claim.
(19.12.2007 entered into force 23.11.08 - RT I 2008, 48, 264)
(3) If a person fails to apply for a re-examination for permanent incapacity for work during a specified term with good reason and he or she is retroactively declared permanently incapacitated for work on the basis of the re-examination, a pension for incapacity for work or a national pension on the basis of permanent incapacity for work is granted and paid as of the time at which his or her permanent incapacity for work arose but for not more than one year retroactively.
§ 33. Pension committee
(1) Upon the request of a pension claimant, or in the case of a pension claim which requires a collegial decision, the grant of a pension shall be decided by a pension committee, the procedure for formation and procedures of which shall be established by the Minister of Social Affairs.
(2) The following are within the competence of the pension committee:
1) resolution of disputes arising from pension claims, the grant of pensions, transfers from one type of pension to another, recalculation of pensions and payment of pensions pursuant to this Act;
2) rendering legal opinions on documents submitted to certify years of pensionable service;
3) deciding on termination of payment of pensions granted without legal basis;
4) deciding on suspension of payment of pensions;
5) deciding on withholding overpaid pension amounts from pensions;
6) resolution of other disputes which is imposed thereon by law.
(10.12.2003 entered into force 01.01.2004 - RT I 2003, 82, 549)
§ 34. Decision to grant pension
Grant of or refusal to grant a pension shall be documented in a written decision which consists of:
1) an introduction which sets out the name of the director or deputy director of the local pension office or the head or deputy head of a structural unit authorised by the director of the pension office who makes the decision, or the name and membership of the pension committee which makes the decision and the date on which the decision is made;
(18.10.2006 entered into force 20.11.2006 - RT I 2006, 49, 370)
2) a descriptive part which contains a summary of the claim of a pension claimant;
3) the reasons of the decision which indicate the documents and evidence, and circumstances and reference to the provisions of legislation on which the decision is based;
4) the conclusion of the decision which includes an opinion on the satisfaction of or refusal to satisfy the pension application;
5) information on the procedure and term for appeal against the decision;
6) a notation concerning the manner of notification of the decision;
7) the signatures of the official or officials who make the decision.