- •§ 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
§ 16. Permanent incapacity for work
(1) There are two degrees of permanent incapacity for work:
1) total incapacity for work;
2) partial incapacity for work.
(2) A person with a serious functional impairment caused by an illness or injury due to which he or she is not able to work in order to support himself or herself, is totally incapacitated for work.
(3) A person who is able to work in order to support himself or herself but who due to a functional impairment caused by an illness or injury is not able to perform work suitable for him or her in the amount corresponding to the general national standard for working time is partially incapacitated for work.
(4) The extent of permanent incapacity for work is expressed as a percentage of loss of capacity for work, by a number ending with zero.
(5) A loss of 100 per cent of the capacity for work corresponds to total incapacity for work.
(6) A loss of 10–90 per cent of the capacity for work corresponds to partial incapacity for work.
(7) A person may be declared permanently incapacitated for work for a period of six months, one year, two years, five years or until attaining a pensionable age provided for in subsections 7 (1) or (2) of this Act but not for longer than five years.
(12.06.2003 entered into force 01.07.2003 - RT I 2003, 48, 343)
(8) The time at which a person’s permanent incapacity for work arises may be established retroactively but not later than three years after the date of application for an examination for establishing permanent incapacity for work.
(19.12.2007 entered into force 1.10.2008 - RT I 2007, 71, 437)
(9) Permanent incapacity for work, the time at which permanent incapacity for work arises and the reason for and duration of permanent incapacity for work shall be established by the Social Insurance Board by way of an examination for establishing permanent incapacity for work.
(19.12.2007 entered into force 1.10.2008 - RT I 2007, 71, 437)
(91) The Minister of Social Affairs shall establish, by a Regulation, the terms and procedure for establishment of permanent incapacity for work, the time at which permanent incapacity for work arises and the reason for and duration of permanent incapacity for work, including a list of reasons for permanent incapacity for work.
(19.12.2007 entered into force 23.11.08 - RT I 2008, 48, 264)
(10) The Social Insurance Board shall involve medical experts in the conduct of examinations for establishing permanent incapacity for work.
(19.12.2007 entered into force 1.10.2008 - RT I 2007, 71, 437)
(101) A civil law contract shall be concluded with a medical expert for the conduct of examinations, the expert shall be remunerated for the assessment and documented travel and accommodation expenses incurred by the expert as a result of performing his or her obligations outside his or her residence shall be reimbursed to the expert according to the contract. The qualifications of the medical expert, the complexity of the work and time needed for performance of the work shall be taken into consideration upon determining the size of remuneration.
(19.12.2007 entered into force 1.10.2008 - RT I 2007, 71, 437)
(102) A medical expert has the right to examine the materials which are necessary for the performance of his or her tasks and to make proposals for amendment of the materials. A medical expert shall not divulge information which becomes known to him or her upon performance of his or her duties.
(19.12.2007 entered into force 1.10.2008 - RT I 2007, 71, 437)
(11) The procedure for determination of the percentage of loss of capacity for work and the list and format of documents needed for an examination for establishment of incapacity for work shall be established by the Minister of Social Affairs.
(19.12.2007 entered into force 1.10.2008 - RT I 2007, 71, 437)