§ 1. Official emoluments of the President of the Republic
(1) Official emoluments of the President of the Republic (hereinafter, the ‘President’) are the President’s official salary and pension and any other official emoluments which have been granted to a person who has been elected President.
(2) During their mandate, the President may not receive, from the State, any emoluments that are not dealt with in this Act.
§ 2. Official salary of the President
(1) The official salary of the President is determined by the law governing official salaries of senior public servants.
[RT I 2010, 1, 2 – entry into force 01.01.2014 (date of entry into force amended – RT I, 29.12.2012, 1)]
(11) [Repealed – RT I 2010, 1, 2 – entry into force 01.01.2014 (date of entry into force amended – RT I, 29.12.2012, 1)]
(2) The official salary of the President is also paid to the President of the Riigikogu acting as the President.
(3) The official salary of the President is paid to the President once a month from the beginning until the end of their mandate.
[RT I 2006, 7, 41 – entry into force 13.02.2006]
§ 3. Representation allowance of President
(1) In order to cover representation costs, the President receives a representation allowance which amounts to 20 per cent of the President’s salary.
(2) [Repealed – RT I 2000, 55, 359 – entry into force 01.01.2001]
(3) The representation allowance is also paid to the President of the Riigikogu acting as the President.
§ 4. Work, residential and representation premises and official car of the President
During their mandate, the President is entitled to use – at the expense of the State – work, residential and representation premises and an official car together with the services related to their upkeep and use.
[RT I 2006, 7, 41 – entry into force 13.02.2006]
§ 5. President’s leave
[Repealed – RT I, 27.06.2017, 3 – entry into force 07.07.2017]
§ 6. President’s secondment costs
The rules for reimbursement of secondment costs provided for by this Act are enacted by a regulation of the Government of the Republic.
[RT I 2006, 7, 41 – entry into force 13.02.2006]
§ 7. Reimbursement of the President’s other official costs
The Office of the President of the Republic reimburses the President’s other official costs that are incurred during the President’s mandate.
§ 8. Protection of the President
During the President’s mandate, the President is protected and the security of the President’s family and residence is ensured by the Police and Board Guard Board.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
§ 81. Emoluments relating to the President’s spouse
(1) During the President’s mandate, the President’s spouse is entitled to:
1) have at their disposal a secretary who is a public servant employed by the Office of the President of the Republic;
2) use, at the expense of the State, an official car as well as services related to its maintenance and use;
3) receive, in order to cover representation costs, a monthly representation allowance in the amount of 30 per cent of the President’s official salary;
4) be reimbursed in accordance with the rules provided by § 6 of this Act for secondment costs and other justified expenses.
(11) The President’s spouse who has been convicted of an offence provided for by Chapter 15 or Division 2 of Chapter 17 of the Penal Code, for which the Penal Code prescribes a custodial sentence of at least five years, forfeits their entitlement to the emoluments provided by subsection 1 of this section.
[RT I 2009, 15, 94 – entry into force 10.03.2009 – applicable to persons in respect of whom a judgment of conviction enters into effect after the entry into force of this Act.]
(2) After the end of the President’s mandate, the allowance provided by clause 3 of subsection 1 of this section – in the amount of 20 per cent of the President’s official salary – is paid to the President’s spouse until the spouse’s death.
(21) The President’s spouse who has been convicted of an offence provided for by Chapter 15 or Division 2 of Chapter 17 of the Penal Code, for which the Penal Code prescribes a custodial sentence of at least five years, forfeits their entitlement to the allowance provided for by subsection 2 of this section.
[RT I 2009, 15, 94 – entry into force 10.03.2009 – applicable to persons in respect of whom a judgment of conviction enters into effect after the entry into force of this Act.]
(3) On an application of the widowed spouse of the person who was elected President, the Government of the Republic may, by an order, extend the spouse’s right to use, at the expense of the State, an official car and the services related to its maintenance and use.
(4) The President’s spouse may receive, from the State, emoluments provided for by other laws.
[RT I 2006, 7, 41 – entry into force 13.02.2006]
(5) The provisions of this section concerning the spouse also apply to the President’s registered partner.
[RT I, 06.07.2023, 6 – entry into force 01.01.2024]
§ 9. President’s pension
(1) After the end of their mandate, the President is paid the President’s pension at the rate of 75 per cent of the President’s official salary. The entitlement does not arise if the President’s mandate ends due to the entry into effect of a judgment by which the President is convicted of a criminal offence.
[RT I 2009, 15, 94 – entry into force 10.03.2009 – applicable to persons in respect of whom a judgment of conviction enters into effect after the entry into force of this Act.]
(2) Where the duration of the President’s mandate was less than five years, the rate of the pension is reduced by 2 per cent for every month by which the mandate fell short of the five-year period of office, but not below half the rate of the President’s pension mentioned in subsection 1 of this section.
(3) Where, during the President’s mandate, the President’s work ability is found to be limited or they are found to be unable to work, their pension is increased by 25 per cent.
[RT I, 13.12.2014, 1 – entry into force 01.07.2016 (amended time of entry into force – RT I, 17.12.2015, 1)]
(4) While the President draws the President’s pension, they are not paid any other public pension.
[RT I 2009, 15, 94 – entry into force 10.03.2009 – applicable to persons in respect of whom a judgment of conviction enters into effect after the entry into force of this Act.]
(5) Payment of the President’s pension is terminated when the President waives the pension, is re-elected President or dies.
(6) Payment of the President’s pension to the President is suspended for the time during which they serve a custodial sentence or have been committed for compulsory psychiatric treatment.
[RT I, 22.06.2016, 1 – entry into force 01.01.2018]
(7) A person who has been convicted of an offence provided for by Chapter 15 or Division 2 of Chapter 17 of the Penal Code, for which the Penal Code prescribes a custodial sentence of at least five years, forfeits their entitlement to the President’s pension.
[RT I 2009, 15, 94 – entry into force 10.03.2009 – applicable to persons in respect of whom a judgment of conviction enters into effect after the entry into force of this Act.]
(8) Where a person has been paid the President’s pension provided for by this section, payment of the pension is terminated as of the month following the month during which the judgment entered into effect. A person who has forfeited their entitlement to the pension provided for by this section retains the right to apply for a pension on standard grounds.
[RT I 2009, 15, 94 – entry into force 10.03.2009 – applicable to persons in respect of whom a judgment of conviction enters into effect after the entry into force of this Act.]
§ 10. Pension of the President’s family members
(1) In the event of the President’s death, each of the President’s family members who is unable to work is paid a survivor’s pension in the amount of one half of the President’s pension.
(2) The total amount of the pensions received by a family member of the President may not exceed the rate of the President’s pension.
(3) The survivor's pension is granted in accordance with § 20 of the State Pension Insurance Act.
(4) The limitations of subsections 1 and 3 of this section notwithstanding, the widowed spouse – or registered partner whose registered partnership contract ended due to their partner’s death – of a person who served in the office of the President is entitled to the survivor’s pension provided they were the President’s spouse or registered partner during the President’s mandate.
[RT I, 06.07.2023, 6 – entry into force 01.01.2024]
(5) Payment of the survivor’s pension to the entitled party is suspended for the time during which they serve a custodial sentence or are subject to coercive treatment of a medical nature.
[RT I 2006, 7, 41 – entry into force 13.02.2006]
§ 11. President’s emoluments after the end of their mandate
[RT I 2006, 7, 41 – entry into force 13.02.2006]
(1) After the end of their mandate, the President is entitled, unless their mandate has been terminated due to resignation from office or due to the entry into effect of a judgment of conviction entered in respect of the President, to:
[RT I 2006, 7, 41 – entry into force 13.02.2006]
1) enjoy the use of residential, representation and work premises with the cost of leasing and upkeep of such premises compensated for by the State, or to receive compensation from the State for reasonable upkeep costs of the President’s residence;
[RT I 2006, 7, 41 – entry into force 13.02.2006]
2) have at their disposal an adviser and a secretary who are public servants employed by the Office of the President of the Republic;
[RT I 2006, 7, 41 – entry into force 13.02.2006]
3) receive a lump sum compensation payment in the amount of one year’s official salary;
[RT I 2006, 7, 41 – entry into force 13.02.2006]
4) at the expense of the State, use an official car as well as services related to its maintenance and use;
[RT I 2006, 7, 41 – entry into force 13.02.2006]
5) be reimbursed in accordance with the rules mentioned in § 6 of this Act for secondment costs and other justified expenses.
[RT I 2006, 7, 41 – entry into force 13.02.2006]
(2) Within one year after the end of the President’s mandate, the Government of the Republic makes an order by which it decides between the emoluments mentioned in clause 1 of subsection 1 of this section, taking into account the President’s position in society, the functions which the President performs after the end of their mandate, the financial resources of the Republic of Estonia and the President’s opinion. The provisions of the State Assets Act do not apply to the granting of the use of residential, representation and work premises.
[RT I 2006, 7, 41 – entry into force 13.02.2006]
(3) In the event of the death of the President during their mandate or during the period provided by subsection 2, the Government of the Republic makes an order by which it decides on granting the use of residential, representation and work premises to the President’s widowed spouse or on covering reasonable costs related to upkeep of the President’s residence until the death of the widowed spouse.
[RT I 2006, 7, 41 – entry into force 13.02.2006]
(4) After the end of the President’s mandate, the Minister in charge of the policy sector may, where this is needed, assign protection to the President on an application of the Office of the President of the Republic and based on the threat assessment drawn up by the Police and Border Guard Board. In such a situation, the protection is provided by the Police and Border Guard Board.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
(5) Security arrangements for the residence of the President’s widowed spouse are determined on the grounds and following the rules laid down in subsection 4 of this section.
[RT I 2008, 42, 240 – entry into force 06.10.2008]
§ 12. Presidential funeral
A person who has been elected President is given a ceremonial funeral at the expense of the State.
§ 13. Funding and application of official emoluments
(1) The Office of the President of the Republic arranges application of the President’s official emoluments that are provided for by this Act from the State budget.
(11) The application of official emoluments with regard to a President whose mandate has ended is arranged by the Office of the President of the Republic from the sums prescribed for this purpose in the State budget. The Government of the Republic arranges application of the official emolument mentioned in clause 1 of subsection 1 of § 11 of this Act from the funds of its own reserve.
[RT I 2006, 7, 41 – entry into force 13.02.2006]
(2) The provisions of the State Pension Insurance Act apply to the President’s pension and to the pension of a member of the President’s family without prejudice to special rules provided by this Act.
[RT I, 22.06.2016, 1 – entry into force 01.01.2018]
[RT I 2009, 15, 94 – entry into force 10.03.2009 – applicable to persons in respect of whom a convicting judgment becomes final after the entry into force of this Act.]
(3) Within 10 working days following the entry into effect of its judgment, the court is obligated to inform the Office of the President of the Republic in writing of the circumstance whose presence triggers forfeiture of a person’s entitlement to the emoluments provided by § 81 of this Act or to the President’s pension provided by § 9.
[RT I 2009, 15, 94 – entry into force 10.03.2009 – applicable to persons in respect of whom a judgment of conviction enters into effect after the entry into force of this Act.]
§ 14. Forfeiture of entitlement to the President’s emoluments
If the President’s mandate has ended due to the entry into effect of a judgment which convicts them of a criminal offence or if such a judgment has entered into effect after the end of their mandate, the President forfeits their entitlement to the official emoluments specified in §§ 11 and 12 of this Act.
[RT I 2006, 7, 41 – entry into force 13.02.2006]
§ 15. Special rules governing application of this Act
(1) Subsection 2 of § 9 of this Act does not apply to the President who has been elected under the provisions of § 4 of the Constitution of the Republic of Estonia Implementation Act and to the Chairman of the Supreme Council of the Republic of Estonia.
[RT I 2006, 7, 41 – entry into force 13.02.2006]
(2) Clause 1 of subsection 1 of § 11 of this Act also applies to a President whose mandate has ended by the time of entry into force of this provision and to the widowed spouse of such a President.
[RT I 2006, 7, 41 – entry into force 13.02.2006]
§ 151. Persons who are permanently unable to work
A President who has been found to possess limited ability to work under the State Pension Insurance Act is deemed to fulfil the condition of limited ability to work provided by § 9 of this Act. A President who has been declared to be unable to work under the State Pension Insurance Act is deemed to fulfil the condition of being unable to work provided by § 9 of this Act.
[RT I, 13.12.2014, 1 – entry into force 01.07.2016 (amended time of entry into force – RT I, 17.12.2015, 1)]
§ 16. [Omitted from this version]
§ 17. Extended application of this Act
Sections 9–14 of this Act apply to the Chairman of the Supreme Council of the Republic of Estonia.
[RT I 2001, 43, 240 – entry into force 01.09.2001]
§ 18. Entry into force of this Act
This Act enters into force on 1 October 1996.
Removed
Added
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