- •§ 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
§ 161. Term for conduct of examination
The Social Insurance Board shall conduct an examination within fifteen working days after receipt of sufficient information to carry out the examination.
(19.12.2007 entered into force 1.10.2008 - RT I 2007, 71, 437)
§ 17. Results of examination for establishment of incapacity for work
(19.12.2007 entered into force 1.10.2008 - RT I 2007, 71, 437)
(1) The Social Insurance Board shall prepare a written decision on the results of an examination for establishment of incapacity for work.
(19.12.2007 entered into force 1.10.2008 - RT I 2007, 71, 437)
(2) (Repealed – 19.12.2007 entered into force 1.10.2008 - RT I 2007, 71, 437)
(3) Upon establishment of permanent incapacity for work, the results of a medical examination shall set out:
1) the time of submission of an application for permanent incapacity for work;
2) the time at which permanent incapacity for work arises;
3) the reason for permanent incapacity for work;
4) the duration of permanent incapacity for work;
5) the extent of permanent incapacity for work expressed as a percentage of loss of capacity for work;
6) the date of a re-examination, if the duration of permanent incapacity for work is established for a shorter term than until attaining a pensionable age;
7) the procedure for contesting the decision.
(4) If it is established that a person has more than one reason for permanent incapacity for work, the decision shall set out all the reasons, the extent of permanent incapacity for work arising from each reason separately and expressed as a percentage and the total extent of permanent incapacity for work expressed as a percentage.
(19.12.2007 entered into force 1.10.2008 - RT I 2007, 71, 437)
(5) If a person's permanent incapacity for work is not established, a corresponding written explanation shall be issued.
(19.12.2007 entered into force 1.10.2008 - RT I 2007, 71, 437)
§ 18. Calculation of pension for incapacity for work
(1) The greatest of the following old-age pensions shall be the basis for calculation of a pension for incapacity for work:
1) the old-age pension of a person who is permanently incapacitated for work calculated on the basis of years of pensionable service and the sum of the annual factors pursuant to the procedure provided for in § 11 of this Act;
2) the old-age pension if the person has completed thirty years of pensionable service.
(2) A pension for incapacity for work is a percentage corresponding to the loss of capacity for work of the amount calculated pursuant to subsection (1) of this section.
(3) If a pension calculated pursuant to subsection (2) of this section is less than the national pension rate, the pension for incapacity for work shall be paid at the national pension rate.
§ 19. Transfer from pension for incapacity for work to old-age pension
(1) When a person to whom a pension for incapacity for work is paid until attainment of the pensionable age attains such age, an old-age pension shall be granted to him or her without a pension application.
(2) In the case specified in subsection (1) of this section, an old-age pension shall be calculated on the basis of the existing pension qualifying period at the time of grant of the old-age pension, pursuant to the provisions of § 11 of this Act.
(3) If an old-age pension calculated pursuant to subsection (2) of this section proves to be less than the pension previously paid, the old-age pension shall be paid in the previous amount, but in an amount not less than the portion of the pension for incapacity for work corresponding to the percentage of the loss of the person’s capacity for work if the pension is calculated on the basis of clause 18 (1) 2) of this Act.
(4) If a person to whose pension for incapacity for work a pension supplement provided for in subsection 24 (1) of this Act and subsection 14 (1) of the Persons Repressed by Occupying Powers Act has been added is transferred to an old-age pension, the person retains the right to receive the previous pension supplement.
(19.12.2007 entered into force 23.11.08 - RT I 2008, 48, 264)
Chapter 4
Survivor’s Pension