§ 35. Pension certificate

Pensioners shall be granted a pension certificate, the format of which shall be established by the Minister of Social Affairs.

 

§ 36. Payment of state pension

(1)       A state pension shall be paid monthly for the current month through a local pension office as requested by the pensioner:

1)         to the bank account of the pensioner in Estonia;

2)         to the bank account of another person in Estonia, including a local government, based on a written application prepared at the pension office or a notarised application by the pensioner;

3)         by post delivered at the pensioner's expense at the residence of the pensioner, or

4)         to the bank account of the recipient of the pension in a foreign state at the pensioner's expense.

(19.12.2007 entered into force 23.11.08 - RT I 2008, 48, 264)

(2) - (3)           (Repealed – 22.10.2008 entered into force 23.11.2008 - RT I 2008, 48, 264)

(4)       A state pension which is granted to a minor in a social welfare institution financed from the state budget shall be transferred to the personal bank account of the child.

(5)       Based on a reasoned application to the Pension Board of the residence of the applicant, a state pension shall be paid at the expense of the payer of the pension by post and delivered at the residence of the person who has an impediment to mobility or who lives at a low density area and whose access to banking service is restricted and who is:

1)         a person of profound disability receiving pension for incapacity for work;

2)         a person of profound disability who has been declared permanently incapacitated for work and who receives a state pension, or

3)         a person who has attained pensionable age.

(19.12.2007 entered into force 23.11.08 - RT I 2008, 48, 264)

(6)       Based on the application specified in subsection (5) of this section, the Pension Board of the residence of the applicant shall make a decision of up to one year of validity.  The Pension Board of the residence of the applicant may, based on the application specified in subsection (5) of this section, make a decision with a longer term of validity if the need for it arises from the nature of the reasons based on which the Pension Board of the residence of the applicant makes the decision based on the application specified in subsection (5) of this section. The Pension Board of the residence of the applicant shall make the decision based on the application specified in subsection (5) of this section within ten working days as of the date of submission of the corresponding application.

(19.12.2007 entered into force 23.11.08 - RT I 2008, 48, 264)

 

§ 37. Total amount of state pension

Payment of a state pension pursuant to this Act shall be based on the total amount of the state pension, which is comprised of the state pension granted to the person and the pension supplements.

 

§ 38. Rounding of pension amounts

Upon payment of a state pension and calculation of the sum withheld from a pension, sums of 50 cents or more shall be rounded to the nearest kroon, but sums below 50 cents shall not be taken into account.

 

§ 39. Instructions for grant, recalculation and payment of state pensions

The Minister of Social Affairs shall establish the instructions for the grant, recalculation and payment of state pensions.

 

§ 40. Hearing of disputes

(1)       If a pension claimant or pensioner disagrees with a decision of the director or deputy director of the Pension Board or the head or deputy head of a structural unit authorised by the director of the Pension Board or the pension committee, he or she has recourse to an administrative court within three months after the date on which he or she becomes or should have become aware of the violation of his or her rights.

(19.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 338; 18.10.2006 entered into force 20.11.2006 - RT I 2006, 49, 370)

(1¹)      Upon disagreement with a decision on grant of pensions, transfers from one type of pension to another, recalculation of pensions and payment of pensions pursuant to this Act, a person has the right to file a challenge with a pension committee. The challenge shall be filed and reviewed and a decision on challenge shall be made pursuant to the procedure prescribed in Chapter 5 (challenge proceedings) of the Administrative Procedure Act.

(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)

(2)       If a pension claimant or pensioner disagrees with the results of an examination for establishing permanent incapacity for work by the Social Insurance Board, he or she may request the dispute committee set up at the Social Insurance Board to conduct a further examination. The dispute committee shall be formed and the procedures thereof shall be established by a regulation of the Minister of Social Affairs.

(19.12.2007 entered into force 1.10.2008 - RT I 2007, 71, 437)

(2¹)      In the case prescribed in subsection (2), the dispute committee shall make a decision after verifying all evidence submitted according to the requirements within three months after registration of the challenge by the Social Insurance Board.

(12.06.2003 entered into force 01.07.2003 - RT I 2003, 48, 343)

(3)       If a person disagrees with a decision of the dispute committee, he or she has the right of recourse to an administrative court within three months after the date of notification of the decision of the dispute committee.

(19.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 338)

 

Chapter 10

Specifications of Calculation, Grant and Payment of State Pensions