Issuer: Riigikogu Type: seadus In force from: 01.01.2018 In force until: 03.03.2023 Publication notation: RT V, 20.11.2017, 6 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 acts Passed - Published - Entry into force 16.06.1993 - RT I 1993, 40, 596 - 01.07.1993 23.03.1994 - RT I 1994, 24, 398 - 01.04.1994 27.06.1994 - RT I 1994, 51, 856 - 01.07.1994 15.11.1994 - RT I 1994, 83, 1450 - 01.01.1995 28.06.1995 - RT I 1995, 61, 1027 - 01.09.1995 06.12.1995 - RT I 1995, 95, 1631 - 01.01.1996 20.03.1996 - RT I 1996, 22, 437 - 01.04.1996 21.11.1996 - RT I 1996, 86, 1539 - 01.01.1997 05.11.1997 - RT I 1997, 81, 1366 - 01.11.1997 11.02.1998 - RT I 1998, 17, 266 - 01.03.1998 25.11.1998 - RT I 1998, 107, 1767 - 01.01.1999 15.03.2000 - RT I 2000, 25, 147 - 01.04.2000 05.12.2001 - RT I 2001, 100, 648 - 01.01.2002 19.06.2002 - RT I 2002, 61, 375 - 01.08.2002 15.06.2005 - RT I 2005, 38, 295 - 01.01.2006 07.04.2010 - RT I 2010, 18, 97 - 16.05.2010 06.06.2012 - RT I, 02.07.2012, 2 - 01.01.2013 01.06.2016 - RT I, 22.06.2016, 1 - 01.01.2018 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 2016-06-22 1 122062016001 - pub. 01.01.2018] § 1. Following persons have right to receive old-age pension under favourable conditions: [ RT I 2000 25 147 71875 - pub. 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 for in § 7 of the State Pension Insurance Act. [ RT I 2010 18 97 13307470 - pub. 16.05.2010] 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 6 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 for in § 7 of the State Pension Insurance Act. [ RT I 2010 18 97 13307470 - pub. 16.05.2010] 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 30447 - pub. 01.01.1995] § 1^1. 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 917038 - pub. 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 71875 - pub. 01.04.2000] § 1^2. 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 71875 - pub. 01.04.2000] § 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 71875 - pub. 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 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 917038 - pub. 01.01.2006] § 3^1. The pension supplement provided for in subsection 24 (1^1 ) 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 2012-07-02 2 102072012002 - pub. 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 13307470 - pub. 16.05.2010] § 4^1. 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 71875 - pub. 01.04.2000] § 4^2. 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 71875 - pub. 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 1) and 2) 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 27442 - pub. 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 917038 - pub. 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 917038 - pub. 01.01.2006] § 5. Explanations concerning the application of the Lists of works, production areas, professions and positions which grant the right to receive an old-age pension under favourable conditions shall be provided pursuant to the procedure established by the Government of the Republic of Estonia. § 6. Monitoring of the quality of evaluation of positions in enterprises and organisations and updating of the Lists of works, production areas, professions and positions which grant the right to receive an old-age pension under favourable conditions shall be carried out pursuant to the procedure established by the Government of the Republic of Estonia.