Text size:

Old-Age Pensions under Favourable Conditions Act

Issuer:Riigikogu
Type:act
In force from:01.01.2024
In force until:31.12.2026
Translation published:24.01.2024

Old-Age Pensions under Favourable Conditions Act

Passed 14.05.1992
RT 1992, 21, 292
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
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, 102701.09.1995
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
05.12.2001RT I 2001, 100, 64801.01.2002
19.06.2002RT I 2002, 61, 37501.08.2002
15.06.2005RT I 2005, 38, 29501.01.2006
07.04.2010RT I 2010, 18, 9716.05.2010
06.06.2012RT I, 02.07.2012, 201.01.2013
01.06.2016RT I, 22.06.2016, 101.01.2018
08.02.2023RT I, 22.02.2023, 101.01.2024, in part 04.03.2023, 01.01.2027 and 01.01.2031

The provisions of the State Pension Insurance Act apply to old-age pensions under favourable conditions, taking account of the specifications provided for in this Act.
[RT I, 22.06.2016, 1 - entry into force 01.01.2018]

§ 1.  Following persons have right to receive old-age pension under favourable conditions:
[RT I 2000, 25, 147 - entry into force 01.04.2000]

1) persons who have been engaged in work which is particularly hazardous to health and has particularly arduous working conditions according to List No. 1 of works, production areas, professions and positions approved by the Government of the Republic of Estonia (hereinafter List No. 1) and whose pension qualifying period is at least 20 years of which they have been engaged in such work for at least 10 years;
[RT I 2005, 38, 295 – entry into force 1.01.2006]

The persons specified in this clause have the right to receive a pension 10 years before attaining the age provided in § 7 or established on the basis of subsection 6 of § 7¹ of the State Pension Insurance Act.
[RT I, 22.02.2023, 1 – entry into force 01.01.2024]



2) persons who have been engaged in other work which is hazardous to health and has arduous working conditions according to List No. 2 of works, production areas, professions and positions approved by the Government of the Republic of Estonia (hereinafter List No. 2) and whose pension qualifying period is at least 25 years of which they have been engaged in such work for at least 12 years and six months.
[RT I 2005, 38, 295 – entry into force 1.01.2006]

The persons specified in this clause have the right to receive a pension five years before attaining the age provided in § 7 or established on the basis of subsection 6 of § 7¹ of the State Pension Insurance Act.
[RT I, 22.02.2023, 1 – entry into force 01.01.2024]

Engagement in works and working in production areas, professions and positions specified in clause 1 of this section shall also be included in the work which grants the right to receive an old-age pension under favourable conditions on the basis of clause 2 of this section.



3) [repealed – RT I 2000, 25, 147 – entry into force 1.04.2000]

4) [repealed – RT I 2000, 25, 147 – entry into force 1.04.2000]

A pension shall be granted under the conditions prescribed by this section to persons whose pension qualifying period earned in Estonia is at least 15 years.

[RT I 2001, 100, 648 – entry into force 1.01.2002]

The period during which a person is engaged in work specified in this section on a part-time basis shall not be included in the length of service which grants the right to receive an old-age pension under favourable conditions.
[RT I 1994, 83, 1450 - entry into force 01.01.1995]

§ 11.  Pension qualifying period 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]

The period during which a person is engaged in work specified in § 1 of this Act on a full-time basis (hereinafter favourable length of service) shall be calculated as the total of work periods.
[RT I 2000, 25, 147 - entry into force 01.04.2000]

§ 12.  The period of employment in production areas, works, professions or positions specified in § 1 of this Act before entry into force of this Act is also included in the length of service which grants the right to receive an old-age pension under favourable conditions.
[RT I, 22.02.2023, 1 – entry into force 04.03.2023]

§ 13.  Calculation of the length of service which grants the right to receive an old-age pension under favourable conditions is based on unrounded length of service.
[RT I 2000, 25, 147 – entry into force 01.04.2000; the existing section number 1² is considered number 1³ [RT I, 22.02.2023, 1]]

§ 2.  Persons who have the right to receive an old-age pension under favourable conditions may claim for the pension at any time after the pension right arises, regardless of their last employment. An old-age pension under favourable conditions shall be granted as of the date of making the pension claim but not earlier than as of the date on which the right to receive the pension arises. Pensions shall be granted as of the date of attaining the pensionable age if the pension claim is made within three months after the date of attaining the pensionable age. Old-age pensions under favourable conditions are granted for life. A recipient of an old-age pension under favourable conditions 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]

§ 3.  Old-age pensions under favourable conditions shall be calculated pursuant to § 11 of the State Pension Insurance Act. 3.1 per cent of the value of a year of pensionable service for each year engaged in work specified in List No. 1 shall be added to pensions calculated on the basis provided for in the first paragraph of this section to persons who have the right to receive an old-age pension under favourable conditions on the basis of clause 1 of § 1 of this Act and to persons who have been engaged in underground work an additional 21.9 per cent of the value of a year of pensionable service for each year engaged in underground work.
[RT I 2005, 38, 295 - entry into force 01.01.2006]

§ 31.  The pension supplement provided for in subsection 11 of § 24 of the State Pension Insurance Act shall be added to old-age pensions under favourable conditions pursuant to the procedure provided for in the same Act.

[RT I, 02.07.2012, 2 - entry into force 01.01.2013]

§ 4.  Old-age pensions under favourable conditions shall be granted and paid after termination of engagement in works and working in production areas, professions and positions which grant the right to receive the pension. Upon return to the abovementioned work, the payment of old-age pensions under favourable conditions shall be suspended. Old-age pensions under favourable conditions shall be paid in full to persons who continue to be engaged in work which does not grant the right to receive a pension on the basis of this Act and to persons who have attained the age provided for in § 7 of the State Pension Insurance Act and continue to be engaged in work which grants the right to receive a pension on the basis of this Act.
[RT I 2010, 18, 97 - entry into force 16.05.2010]

§ 41.  Old-age pensions under favourable conditions shall not be increased on the basis of favourable length of service acquired after the grant of the pension.

[RT I 2000, 25, 147 - entry into force 01.04.2000]

§ 42.  The pension of a person to whom an old-age pension under favourable conditions 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]
In the case of a pensioner to whom an old-age pension under favourable conditions was granted during the period from 1 July 1992 to 31 December 1994 and who does not have the right to receive an old-age pension under favourable conditions on the bases provided for in clauses 1 and 2 of § 1 of this Act, the provisions of § 11 of the State Pension Insurance Act apply upon calculation of pensions. 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 2001, 100, 648 - entry into force 01.01.2002]

Until 2015, women have the right to receive an old-age pension under favourable conditions according to List No. 1 if they have earned at least the following pension qualifying period:

Year

Pension qualifying period (years)

Of which according to List No. 1 (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]

Until 2015, women have the right to receive an old-age pension under favourable conditions according to List No. 2 if they have earned at least the following pension qualifying period:

Year

Pension qualifying period (years)

Of which according to List No. 2 (years)

Until 31 December 2006

20

10

2007

21

10,5

2008

21

10,5

2009

22

11

2010

22

11

2011

23

11,5

2012

23

11,5

2013

24

12

2014

24

12



Women who have earned the pension qualifying period required for receipt of an old-age pension under favourable conditions by 1 January 2007 shall have the right to receive an old-age pension under favourable conditions 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]

§ 5.  [Repealed – RT I, 22.02.2023, 1 – entry into force 01.01.2024]

§ 6.  [Repealed – RT I, 22.02.2023, 1 – entry into force 01.01.2024]

§ 7.  Calculation of length of service granting right to receive old-age pension under favourable conditions

 (1) The length of service which grants the right to receive an old-age pension under favourable conditions is calculated until 31 December 2030 for the persons specified in § 1 of this Act. As of 1 January 2031, the period of employment in production areas, works, professions or positions specified in § 1 of this Act is not included in the length of service which grants the right to receive an old-age pension under favourable conditions.

 (2) The length of service which grants the right to receive an old-age pension under favourable conditions is calculated until 31 December 2049 for the persons specified in § 1 of this Act who are working in underground and opencast mining operations which involve oil shale mining, processing or enrichment. As of 1 January 2050, the period of working in underground and opencast mining operations which involve oil shale mining, processing or enrichment is not included in the length of service which grants the right to receive an old-age pension under favourable conditions.
[RT I, 22.02.2023, 1 – entry into force 01.01.2024]

https://www.riigiteataja.ee/otsingu_soovitused.json