- •§ 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
§ 48. Reclamation of pension amounts
(1) If a person does not have the right to receive state pension or if payment of a state pension terminates before an overpaid amount withheld on the basis of a decision of the pension committee is fully recovered, the Pension Board shall issue a precept together with a warning to the person for reclamation of the overpaid amount. Upon failure to comply with the precept within a term set out in the warning, the Pension Board has the right to pass the precept for compulsory execution pursuant to the procedure provided for in the Code of Execution Procedure.
(18.10.2006 entered into force 20.11.2006 - RT I 2006, 49, 370)
(11) The conclusion of the precept shall be published in the official publication Ametlikud Teadaanded if there is no information concerning the person's whereabouts or the person does not live at the address known to the authorities and his or her actual location is unknown and no other possibility exists for delivering the precept.
(19.12.2007 entered into force 23.11.08 - RT I 2008, 48, 264)
(2) Amounts of state pension transferred to the bank account of a pensioner or paid on the basis of an authorisation document through a bank or by post without basis after the death of the pensioner do not form part of his or her estate, and such amounts shall be returned by the bank or by the recipient of the estate at the request of the local pension office.
(18.10.2006 entered into force 20.11.2006 - RT I 2006, 49, 370)
(3) If a person is declared permanently incapacitated for work due to a traffic accident or if a person loses his or her provider due to a traffic accident, the Pension Board shall collect the paid pension for incapacity for work, survivor’s pension or national pension from an insurer dealing in motor third party liability insurance if the right of claim against the insurer dealing in motor third party liability insurance arises for the person who receives state pension.
(18.10.2006 entered into force 20.11.2006 - RT I 2006, 49, 370)
Chapter 11
Organisation of State Pension Insurance and State Pension Insurance Register
§ 49. Organisation of state pension insurance
State pension insurance shall be organised by the Social Insurance Board which is in the area of government of the Ministry of Social Affairs.
§ 50. State Pension Insurance Register
(1) The state pension insurance register (hereinafter register) is a state register as defined in § 31 of the Databases Act (RT I 1997, 28, 423; 1998, 36/37, 552; 1999, 10, 155; 2000, 50, 317; 57, 373; 92, 597; 2001, 7, 17; 17, 77; 2002, 61, 375; 63, 387; 2003, 18, 107; 26, 158).
(2) The Government of the Republic shall establish the statutes for the maintenance of the state pension insurance register.
§ 51. Purpose and chief processor of register
(1) The purpose of the register is to collect data for the performance of functions imposed by this Act and other Acts.
(2) The chief processor of the register is the Social Insurance Board.
§ 52. Entries in register and receiving data from register
Data shall be entered in and received from the register pursuant to the Databases Act, the Personal Data Protection Act (RT I 1996, 48, 944; 1998, 59, 941; 111, 1833; 2000, 50, 317; 92, 597; 104, 685; 2001, 50, 283; 2002, 61, 375; 63, 387), the Population Register Act (RT I 2000, 50, 317; 2001, 31, 173; 2002, 41, 254; 53, 336; 57, 355; 61, 375; 102, 599; 2003, 4, 22), the Social Tax Act, this Act and other Acts, and the statutes for the maintenance of the state pension insurance register. Among other, courts and bailiffs have the right to use the register in the part of personal data.
(15.06.2005 entered into force 01.01.2006 - RT I 2005, 39, 308)
(2) The Social Insurance Board shall submit data to the database established on the basis of § 81 of the Labour Market Services and Support Act to the extent and pursuant to the procedure provided by the statutes of the database.
(24.10.07 entered into force 26.11.07 - RT I 2007, 59, 381)