- •§ 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
§ 21. Calculation of survivor’s pension
(1) The greatest of the following old-age pensions shall be the basis for calculation of a survivor's pension:
1) the old-age pension calculated on the basis of years of pensionable service earned by the provider until the date of his or her death and the sum of the annual factors pursuant to the provisions of § 11 of this Act;
2) the old-age pension if the person has completed thirty years of pensionable service.
(2) A survivor's pension shall be calculated based on the pension calculated pursuant to subsection (1) of this section at the following rates:
1) to one family member, 50 per cent;
2) to two family members, 80 per cent;
3) to three or more family members, 100 per cent.
(18.03.2004 entered into force 01.04.2004 - RT I 2004, 16, 120)
Chapter 5
National Pension
§ 22. Right to receive national pension
(1) The following have the right to receive a national pension:
1) persons who have attained 63 years of age and who do not have the right to receive old-age pension and who have been permanent residents of Estonia or have resided in Estonia on the basis of a temporary residence permit or temporary right of residence for at least five years immediately before making a pension claim;
(17.05.2005 entered into force 01.08.2006 - RT I 2006, 26, 191)
2) persons who are declared permanently incapacitated for work, the percentage of whose loss of capacity for work is at least 40 per cent, who have not earned a pension qualifying period required for the grant of a pension for incapacity for work and who have been permanent residents of Estonia or have resided in Estonia on the basis of a temporary residence permit or temporary right of residence for at least one year immediately before making a pension claim;
(17.05.2005 entered into force 01.08.2006 - RT I 2006, 26, 191)
3) persons specified in § 20 of this Act who, in connection with the insufficient pension qualifying period of their provider, do not have the right to receive a survivor's pension, if the provider was a permanent resident of Estonia or had resided in Estonia on the basis of a temporary residence permit or temporary right of residence for at least one year directly before his or her death;
(19.12.2007 entered into force 23.11.08 - RT I 2008, 48, 264)
4) persons who have attained a pensionable age who are paid the national pension on the basis of incapacity for work until the persons attain a pensionable age, or a pension retained in the former amount for a specified term pursuant to subsection 60 (1) of this Act.
(2) A national pension shall be granted for the following terms:
1) to persons specified in clauses (1) 1) and 4) of this section, for life;
2) to persons specified in clause (1) 2) of this section, for the period of their permanent incapacity for work;
3) to persons specified in clause (1) 3) of this section, for the period during which they meet the requirements provided for in § 20 of this Act.
(3) A national pension shall not be granted and payment of a granted national pension shall be terminated if a person receives a pension from another state.