10
ANDREJEVA v. LATVIA JUDGMENT
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).
35. 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. Before 2006 the relevant parts of the transitional provisions read as
follows:
Paragraph 1
“In the case of Latvian citizens, repatriated persons, their family members and their
descendants, the period to be taken into account in the calculation ... of the State
pension shall consist of the aggregate years of employment ... up to 1 January 1991,
both within and outside Latvia, regardless of prior payment of social-insurance
contributions. In the case of foreign nationals and stateless persons who were resident
in Latvia on 1 January 1991, aggregate periods of employment and periods treated as
such in Latvia shall be taken into account, as well as aggregate periods treated as such
outside Latvia in the cases specified in sub-paragraphs (4), (5) and (10) of this
paragraph. Up to 1 January 1991 ... the following periods treated as equivalent to
employment shall be taken into account in calculating the pension:
...
(4) periods of study at higher-education institutions, and at other training
institutions at post-secondary level;
(5) periods of doctoral studies ... postgraduate education or ongoing vocational
training;
...
(10) time spent in places of detention by victims of political persecution ... in exile,
and time spent escaping from such places, those periods to be multiplied by three, or
by five in the case of time spent in the [Soviet] Far North and regions treated as
equivalent. ...”
Paragraph 2-1
“The procedures for calculating, certifying and classifying the periods referred to in
paragraphs 1 and 2 of these transitional provisions shall be determined by the
Cabinet.”