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Superannuated Pensions Act

Issuer:Riigikogu
Type:act
In force from:16.05.2010
In force until:31.08.2013
Translation published:09.06.2014

Superannuated Pensions Act

Passed 14.05.1992
RT 1992, 21, 294
Entry into force 01.07.1992

Amended by the following legal instruments (show)

PassedPublishedEntry into force
16.06.1993RT I 1993, 40, 59601.07.1993, by which also the title of the Act was amended
23.03.1994RT I 1994, 24, 39801.04.1994
27.06.1994RT I 1994, 51, 85601.07.1994
15.11.1994RT I 1994, 83, 145001.01.1995
28.06.1995RT I 1995, 61, 102701.09.1996
06.12.1995RT I 1995, 95, 163101.01.1996
20.03.1996RT I 1996, 22, 43701.04.1996
21.11.1996RT I 1996, 86, 153901.01.1997
05.11.1997RT I 1997, 81, 136601.11.1997
11.02.1998RT I 1998, 17, 26601.03.1998
25.11.1998RT I 1998, 107, 176701.01.1999
15.03.2000RT I 2000, 25, 14701.04.2000
14.03.2000RT I 2000, 28, 16716.04.2000
14.06.2000RT I 2000, 58, 37601.12.2000
05.12.2001RT I 2001, 100, 64801.01.2002
19.06.2002RT I 2002, 61, 37501.08.2002
07.04.2004RT I 2004, 27, 18001.05.2004
15.06.2005RT I 2005, 38, 29501.01.2006
18.10.2006RT I 2006, 49, 37020.11.2006
15.11.2006RT I 2006, 55, 40501.01.2007
07.04.2010RT I 2010, 18, 9716.05.2010

Part I GENERAL PROVISIONS 

§ 1.    Superannuated pensions are granted to employees and specialists who work in professions which involve loss or reduction of professional capacity for work before attaining the pensionable age which hinders continued work in such professions or positions.

  The period of working in professions or positions provided by this Act on a part-time basis shall not be included in the length of service which grants the right to receive a superannuated pension.
[RT I 1994, 83, 1450 - entry into force 01.01.1995]

§ 2.    The following persons have the right to receive a superannuated pension:

  1) [repealed - RT I 2000, 28, 167 - entry into force 16.04.2000]
 2) police officers, rescue service employees and prison officers (§ 12);
 3) some categories of civil aviation employees and test pilots (§ 13);
 4) underground and opencast mining operations – employees in some professions (clause 14 1));
 5) employees in some professions and positions of seafaring personnel of vessels of seagoing, river and fishing fleets (clause 14 2));
 6) textile industry employees (clause 14 3));
 7) teachers of substitute homes, educational institutions for persons with special needs and institutions for sick children (clause 14 4));
[RT I 2006, 55, 405 - entry into force 01.01.2007]
 8) certain categories of artists working in state, municipal and private performing arts institutions, performing arts institutions operating as foundations and the National Opera (clause 14 5));
 9) medical personnel infected with human immunodeficiency virus (AIDS) (clause 14 6));
 10) drivers of public transport vehicles on regular urban lines (clause 14 7)).
Professions and positions of persons specified in clauses 1)–8) of this section where working grants the right to receive a superannuated pension and the procedure for the calculation of length of service required for the grant of a superannuated pension shall be approved by the Government of the Republic of Estonia.

§ 3.    The basis for calculation of a superannuated pension is the base amount of the pension to which 90.6 per cent of the value of a year of pensionable service shall be added for each year of pensionable service which grants the right to receive the pension and, in the case of the persons specified in § 6 of this Act, 100 per cent of the value of a year of pensionable service for each remaining year of pensionable service.

  In addition to the above, 20 per cent of the base amount of the pension shall be added to the pension of persons specified in clause 2 2) and the test pilots specified in clause 2 3) of this Act.
[RT I 2006, 49, 370 - entry into force 20.11.2006]

§ 4.  [Repealed - RT I 1993, 40, 596 - entry into force 01.07.1993]

§ 5.  [Repealed - RT I 2000, 25, 147 - entry into force 01.04.2000]

§ 51.    The length of service which grants the right to receive a superannuated pension, except the pension qualifying period provided for in § 6 of this Act, shall be calculated as the total of work periods.
[RT I 2001, 100, 648 - entry into force 01.01.2002]

§ 52.    Calculation of the length of service which grants the right to receive a superannuated pension is based on unrounded length of service.
[RT I 2000, 25, 147 - entry into force 01.04.2000]

§ 6.    The pension qualifying period required for the grant of a superannuated pension to specialists in some professions (the second paragraph of § 12 and clauses 13 2)–4)) shall be calculated on the basis of the State Pension Insurance Act and the Person Repressed by Occupying Powers Act.
[RT I 2005, 38, 295 - entry into force 01.01.2006]

§ 61.    A superannuated pension shall be granted to a person whose pension qualifying period earned in Estonia is at least 15 years if the conditions provided for in this Act exist.
[RT I 2001, 100, 648 - entry into force 01.01.2002]

§ 7.    A superannuated pension shall be granted as of the date of making a pension claim.

  Superannuated pensions are granted for life.
A recipient of a superannuated pension who has the right to receive a pension on the basis of the State Pension Insurance Act has, on the basis of the specified Act, the right to claim for the grant of pension at any time after the right to receive the pension arises.
[RT I 2000, 25, 147 - entry into force 01.04.2000]

§ 8.  [Repealed - RT I 1993, 40, 596 - entry into force 01.07.1993]

§ 9.  [Repealed - RT I 1996, 22, 437 - entry into force 01.04.1996]

§ 10.    Superannuated pensions shall be granted and paid after termination of work in professions or positions which grant the right to receive a superannuated pension on the basis of this Act.

  Upon return to work in such professions or positions, the payment of superannuated pensions shall be suspended.
Superannuated pensions shall be paid in full to persons who continue work in professions or positions which do not grant the right to receive a pension on the basis of this Act.
[RT I 2000, 25, 147 - entry into force 01.04.2000]

  Subsections (4)–(5) [Repealed - RT I 2000, 25, 147 - entry into force 01.04.2000]

§ 11.    A superannuated pension shall be granted, paid, recalculated and indexed pursuant to the procedure provided for in the State Pension Insurance Act.
[RT I 2001, 100, 648 - entry into force 01.01.2002]

§ 111.    The provisions of the Administrative Procedure Act apply to the administrative procedure conducted and decisions made upon the grant and payment of superannuated pensions, taking account of the specifications provided for in this Act.
[RT I 2002, 61, 375 - entry into force 01.08.2002]

Part II SUPERANNUATED PENSION FOR EMPLOYEES OF POLICE FORCES AND FORCES RESPONSIBLE FOR MAINTAINING PUBLIC ORDER  
[RT I 2000, 28, 167 - entry into force 16.04.2000]

§ 12.    Police officers, rescue service employees and prison officers, who have worked in the police, rescue service or prisons for at least 25 years in the professions or positions which grant the right to receive a superannuated pension, have the right to receive a superannuated pension.
[RT I 2005, 38, 295 - entry into force 01.01.2006]

  The persons specified in the first paragraph of this section who are released from service due to age, long-term incapacity for work or lay-off, have the right to receive a superannuated pension if, by the date of release from service, they are up to 5 years away from attaining the age provided for in § 7 of the State Pension Insurance Act and whose general pension qualifying period is at least 25 years of which at least 12 years and 6 months was served in the professions or positions which grant the right to receive a superannuated pension.
[RT I 2010, 18, 97 - entry into force 16.05.2010]

Part III SUPERANNUATED PENSION FOR AVIATION EMPLOYEES 

§ 13.    Aviation employees of the following categories have the right to receive a superannuated pension:

  1) members of flying personnel and test pilots whose length of service as a member of flying personnel or a test pilot is at least 25 years.
  Members of flying personnel and test pilots who are released from flying personnel or the position of test pilot due to state of health have the right to receive a pension in proportion to the length of service which grants the right to receive a superannuated pension if such length of service is at least 20 years;
[RT I 2005, 38, 295 - entry into force 01.01.2006]
 2) air-traffic controllers and flight information officers (dispatchers) 10 years before attaining the age provided for in § 7 of the State Pension Insurance Act if their pension qualifying period is at least 20 years of which they have worked at least 10 years in direct air traffic control.
In the case of employees related to air traffic control, working in professions specified in clause 1) of this section shall also be included in the length of service which grants the right to receive a superannuated pension;
[RT I 2010, 18, 97 - entry into force 16.05.2010]
 3) employees of engineering and technical service 5 years before attaining the age provided for in § 7 of the State Pension Insurance Act if their pension qualifying period is at least 25 years of which they have worked at least 20 years in the service specified in this clause.
In the case of employees of engineering and technical service, working in professions specified in clauses 1) and 2) of this section shall also be included in the length of service which grants the right to receive a superannuated pension;
[RT I 2010, 18, 97 - entry into force 16.05.2010]
 4) flight attendants and flight attendant instructors 10 years before attaining the age provided for in § 7 of the State Pension Insurance Act if their pension qualifying period is at least 20 years of which they have worked at least 10 years in the professions specified in this clause.
A pension shall be granted under the conditions prescribed by this clause only to flight attendants (flight attendant instructors) who fly at least 500 flight hours a year.
[RT I 2010, 18, 97 - entry into force 16.05.2010]

  If the number of flight hours is less than 500, the required length of service which grants the right to receive a superannuated pension shall be proportionally increased.
[RT I 2005, 38, 295 - entry into force 01.01.2006]

Part IV SUPERANNUATED PENSION FOR CERTAIN CATEGORIES OF EMPLOYEES OF PARTICULAR ECONOMIC SECTORS AND FOR CERTAIN CATEGORIES OF ARTISTS 

§ 14.    The following persons have the right to receive a superannuated pension:

  1) employees who work directly in underground and opencast mining operations during the entire working day (including personnel of mine rescue units) which involve oil shale mining, extraction of other mineral resources and building of mines, regardless of their age, if they have worked in such professions for at least 25 years, and employees in main professions of such operations – stope miners, drift miners and winning machine operators if they have worked in such professions for at least 20 years;
 2) employees in some professions and positions of seafaring personnel of some vessel types of seagoing, river and fishing fleets, regardless of their age, if they have worked in such professions and positions for at least 25 years;
[RT I 2006, 55, 405 - entry into force 01.01.2007]
 3) textile industry employees who work on looms and machines 5 years before attaining the age provided for in § 7 of the State Pension Insurance Act if they have worked in such profession for at least 20 years;
[RT I 2010, 18, 97 - entry into force 16.05.2010]
 4) teachers, regardless of age, whose length of service in teaching is at least 25 years of which they have worked at least 15 years in substitute homes, educational institutions for persons with special needs, institutions for sick children and schools in custodial institutions;
[RT I 2006, 55, 405 - entry into force 01.01.2007]
 5) certain categories of artists, regardless of age, whose length of service in creative activities in state, municipal and private performing arts institutions, performing arts institutions operating as foundations and the National Opera is 20–25 years, including vocal soloists whose length of service in creative activities is at least 25 years;
 6) medical personnel infected with human immunodeficiency virus (AIDS) who were infected in the course of performance of their duties, regardless of age and pension qualifying period;
 7) bus (except minibus), tram and trolleybus drivers who work on regular urban lines in cities with more than 40,000 residents 5 years before attaining the age provided for in subsection 7 (1) or (2) of the State Pension Insurance Act if they have worked in such professions for at least 25 years.

Part V IMPLEMENTING PROVISIONS  
[RT I 2005, 38, 295 - entry into force 01.01.2006]

§ 15.    Explanations concerning the application of the lists of professions and positions which grant the right to receive a superannuated pension shall be provided pursuant to the procedure established by the Government of the Republic of Estonia.

§ 16.  [Repealed - RT I 2005, 38, 295 - entry into force 01.01.2006]

§ 17.    The pension of persons to whom a superannuated pension was or is granted with a commencement date before 1 April 2000 shall be recalculated and if the recalculated pension proves to be smaller than the pension paid, payment of the pension shall continue in the former amount for the specified term.
[RT I 2000, 25, 147 - entry into force 01.04.2000]

§ 18.    Until 2015, men have the right to receive a superannuated pension provided for in the second paragraph of § 12 of this Act if they have attained the following age by the date of release from service:

 

Year

Age

2005–2006

53

2007

54

2008

54

2009

55

2010

55

2011

56

2012

56

2013

57

2014

57


[RT I 2005, 38, 295 - entry into force 01.01.2006]

§ 19.    Until 2015, women have the right to receive a superannuated pension provided for in clause 13 1) of this Act if they have at least the following length of service which grants the right to receive a superannuated pension:

 

Year

Length of service as a member of flying personnel or a test pilot (years)

Length of service of employees released from flying personnel or the position of test pilot due to state of health (years)

Until 31 December 2006

20

15

2007

21

16

2008

21

16

2009

22

17

2010

22

17

2011

23

18

2012

23

18

2013

24

19

2014

24

19


[RT I 2005, 38, 295 - entry into force 01.01.2006]

§ 20.    Until 2015, women have the right to receive a superannuated pension provided for in clause 13 2) of this Act if they have earned at least the following pension qualifying period:

 

Year

Pension qualifying period (years)

Of which worked in direct air traffic control (years)

Until 31 December 2006

15

7,5

2007

16

8

2008

16

8

2009

17

8,5

2010

17

8,5

2011

18

9

2012

18

9

2013

19

9,5

2014

19

9,5


[RT I 2005, 38, 295 - entry into force 01.01.2006]

§ 21.    Until 2015, women have the right to receive a superannuated pension provided for in clause 13 3) of this Act if they have earned at least the following pension qualifying period:

 

Year

Pension qualifying period (years)

Of which worked in engineering and technical service (years)

Until 31 December 2006

20

15

2007

21

16

2008

21

16

2009

22

17

2010

22

17

2011

23

18

2012

23

18

2013

24

19

2014

24

19


[RT I 2005, 38, 295 - entry into force 01.01.2006]

§ 22.    Until 2015, female flight attendants and flight attendant instructors have the right to receive a superannuated pension provided for in clause 13 4) of this Act if they have earned at least the following pension qualifying period:

 

Year

Pension qualifying period (years)

Of which worked as a flight attendant or flight attendant instructor (years)

Until 31 December 2006

15

7,5

2007

16

8

2008

16

8

2009

17

8,5

2010

17

8,5

2011

18

9

2012

18

9

2013

19

9,5

2014

19

9,5


[RT I 2005, 38, 295 - entry into force 01.01.2006]

§ 23.    Until 2015, women who work in professions and positions and under conditions provided for in clauses 14 2) and 7) of this Act have the right to receive a superannuated pension if they have earned at least the following pension qualifying period in such professions or positions:

 

Year

Pension qualifying period (years)

Until 31 December 2006

20

2007

21

2008

21

2009

22

2010

22

2011

23

2012

23

2013

24

2014

24


[RT I 2005, 38, 295 - entry into force 01.01.2006]

§ 231.    Until 2015, female vocal soloists specified in clause 14 5) of this Act have the right to receive a superannuated pension if they have the following length of service in creative activities:

 

Year

Length of service in creative activities (years)

Until 31 December 2006

20

2007

21

2008

21

2009

22

2010

22

2011

23

2012

23

2013

24

2014

24


[RT I 2006, 49, 370 - entry into force 20.11.2006]

§ 24.    Persons who have earned the pension qualifying period required for receipt of a superannuated pension by 1 January 2007 shall have the right to receive a superannuated pension on the basis of the requirements for pension qualifying period in force until 31 December 2006.
[RT I 2005, 38, 295 - entry into force 01.01.2006]