- •§ 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
§ 11. Amount of old-age pension
(1) An old-age pension consists of three components:
1) the base amount;
2) a component calculated on the basis of years of pensionable service, the amount of which equals the number of years of pensionable service (§ 28) multiplied by the value of a year of pensionable service;
3) an insurance component, the amount of which equals the sum of the annual factors of an insured person (§ 12) multiplied by the value of a year of pensionable service.
(2) The value of a year of pensionable service is the monetary value of one year of pensionable service and an annual factor of 1.000.
(3) If a pension claimant has not earned an accumulation period (§ 30), a pension shall be granted on the basis of the components specified in clauses (1) 1) and 2).
(4) If a pension claimant has not completed years of pensionable service, a pension shall be granted on the basis of the components specified in clauses (1) 1) and 3) of this section.
(5) The Minister of Social Affairs shall establish the instructions for the calculation of annual factors and insurance components.
(6) If the amount of an old-age pension granted to a person is less than the national pension rate, the old-age pension shall be paid to the person at the national pension rate.
§ 12. Annual factor of insured person
(1) In order to calculate the annual factor of an insured person, the amounts of the state pension insurance part of individually registered social tax calculated for the insured person shall be totalled and divided by the average amount of the state pension insurance part of the individually registered social tax in the given calendar year.
(2) Amounts which are entered in the state pension insurance register for an insured person pursuant to § 10 of the Social Tax Act and which are registered in the state pension insurance register shall be taken into account as the pension insurance part of individually registered social tax. The following shall also be taken into account:
1) the social tax calculated by the payer of social tax, in the cases provided for in clauses 2 (1) 1)-4), 6) and 9) and clause 6 (1) 2) of the Social Tax Act. The social tax calculated, except social tax on the unemployment insurance benefit, in the case provided for in clause 2 (1) 8) of the same Act;
(10.05.2006 entered into force 01.01.2007 - RT I 2006, 26, 193)
2) the social tax calculated by the state or local government, in the cases specified in clauses 6 (1) or (11) of the Social Tax Act.
(08.12.2004 entered into force 01.04.2005 - RT I 2004, 89, 604)
3) the social tax paid by a sole proprietor, in the cases provided for in clause 2 (1) 5) of the Social Tax Act.
(21) In addition to the provisions of subsection (2), amounts which are transferred into the state pension insurance funds for an insured person pursuant to Regulation (EEC, Euratom, ECSC) No 259/68 of the Council laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (Staff Regulations of Officials) (OJ L 56, 4.03.1968, pp. 1–7) (hereinafter Council Regulation) shall be taken into account as the pension insurance part upon calculation of the annual factor of insured persons. The procedure regulating the receipt and keeping records of such amounts shall be established by a Regulation of the Government of the Republic.
(28.11.07 entered into force 01.01.2000 - RT I 2007, 62, 395)
(3) The rate of the pension insurance part of social tax provided for in this Act is 20 per cent.
(4) The amounts of the pension insurance part and the state pension insurance part of social tax shall be rounded to full kroons. Amounts less than 50 cents shall not be taken into account and amounts exceeding 50 cents shall be rounded to the next full kroon.