SAVICKIS AND OTHERS v. LATVIA JUDGMENT
2. Second applicant (Mr Genādijs Nesterovs)
21. The second applicant was born in Baku (Azerbaijan) in 1938.
According to his submissions, he was employed in the territory of Azerbaijan
from 1956 to 1957 and from 1960 to 1968 (that is, 9 years, 1 month and
8 days). From 1957 to 1960 he was conscripted for compulsory military
service, which he served in East Germany (3 years, 2 months and 12 days).
In 1968, at the age of 30, he started working in Latvia.
22. On 12 January 1999 the State Social Insurance Agency (Valsts
sociālās apdrošināšanas aģentūra) granted the second applicant a retirement
pension. The insurance period was set at 30 years, 1 month and 14 days. The
years of employment and of military service outside the territory of Latvia
were not included in the calculation. The monthly amount of his pension was
set at 79.05 Latvian lati (LVL) (approximately 113 euros (EUR)), payable
from 3 December 1998.
23. On 11 February 2008 the second applicant’s pension was recalculated
in view of his continued employment. The insurance period was set at
39 years, 1 month and 13 days, and he was granted a pension amounting to
LVL 177.46 (approximately EUR 253), payable from 1 January 2007.
24. According to the most recent information provided by the applicants,
as of December 2015 the second applicant was receiving a pension of
EUR 359.15 and a supplement of EUR 26.89. The employment periods
accrued in Azerbaijan and the compulsory military service served in Germany
remain excluded from the calculation.
3. Third applicant (Mr Vladimirs Podoļako)
25. The third applicant was born in Vladivostok (Russia) in 1948 and
came to Latvia in 1951, at the age of three. He worked in the territory of
Latvia from 1968 onwards. He states that his compulsory military service was
carried out in Russia (2 years and 1 month).
26. On 20 October 2009 the third applicant requested an early retirement
pension. On 2 December 2009 his application was refused on the grounds that
he did not meet the requirement of having accrued an insurance period of at
least 30 years. As the period of compulsory military service had not been
taken into account, the insurance period was set at 28 years, 5 months and
14 days. An appeal before the administrative courts was not examined on the
grounds that he failed to establish that he had complied with the procedural
requirements.
27. On 2 August 2010, after the third applicant had reached the official
retirement age, he was granted a retirement pension of LVL 186.17
(approximately EUR 265), payable from 11 July 2010. In view of his
continued employment, his insurance period was set at 29 years, 3 months
and 16 days.
5