SAVICKIS AND OTHERS v. LATVIA JUDGMENT
2. The 1990 and 1995 State Pensions Acts
65. The main instrument governing pensions is the State Pensions Act of
2 November 1995 (Likums « Par valsts pensijām »), which came into force
on 1 January 1996, repealing the previous Act passed in 1990. Section 3(1)
of the Act provides that persons who have been covered by the compulsory
insurance scheme are entitled to a State social-insurance pension. As a rule,
the amount of the pension in each particular case depends on the period during
which the entitled person, the employer or both paid, or are presumed to have
paid, insurance contributions in respect of State pensions (section 9(1)
and (2)). Evidence of this period is provided by data at the disposal of the
State Social-Insurance Agency (section 10).
66. Matters relating to the reckoning of years of employment under the
Soviet regime (prior to 1991) are governed by the transitional provisions of
the Act. Paragraph 1 of these transitional provisions, as in force from 1 July
2008 until 18 July 2012, provided:
“In the case of Latvian citizens, periods of employment and equivalent periods
accrued in the territory of Latvia and of the former USSR up to 31 December 1990, as
well as the aggregate period spent outside Latvia in the case specified in
sub-paragraph (10) of this paragraph, shall be counted towards the insurance period. In
the case of foreign nationals, stateless persons and non-citizens of Latvia, the insurance
period shall be composed of periods of employment and equivalent periods that have
been accrued in the territory of Latvia, as well as the equivalent periods that have been
accrued in the former USSR in the cases specified in sub-paragraphs (4) and (5) of this
paragraph, and the aggregate period spent outside Latvia in the case specified in
sub-paragraph (10) of this paragraph. The following periods, which are treated as
equivalent to employment, and which have been accrued up to 31 December 1990 – but
in case of sub-paragraph (11) of this paragraph up to 31 December 1995 – shall be
counting towards the insurance period:
(1) mandatory active military service and alternative (work) service;
(2) career service for soldiers and service for officers in the Army of the Republic of
Latvia, for citizens of Latvia – also in the USSR Armed Forces, if as a result of their
activities in the interests of Latvia they had been demoted or if they had been called up
for active military service after serving their compulsory military service or after
graduating a civil university ...;
(3) rank and file service and position of unit commanding personnel in the institutions
dealing with internal affairs, with the exception of the KGB [the State Security
Committee];
(4) periods of study at higher-education institutions, and at other training institutions
at post-secondary level, subject to a limit of five years in the case of qualifications
requiring up to five years of study at the relevant time, and a limit of six years in the
case of qualifications requiring more than five years of study at the relevant time;
(5) periods of full-time doctoral studies, up to a maximum of three years,
postgraduate education or ongoing vocational training;
(6) individual work;
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