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Case No 2012-09-01
On Compliance of Sub-para1 of Para 16 of Transitional Provisions of Law On State Pensions insofar as It Applies to Invalidity Pension Recalculation Formula in Case of Change of the Invalidity Group Provided that the Beneficiary of Invalidity Pension before the Change of the Invalidity Group was an Employee or Made Social Contributions, with Article 91 and 109 of the Satversme of the Republic of Latvia
Adjudicated
Augstākās tiesas Senāta Administratīvo lietu departaments
31.01.2013.

01.02.2013.

On Compliance of Sub-para1 of Para 16 of Transitional Provisions of Law On State Pensions insofar as It Applies to Invalidity Pension Recalculation Formula in Case of Change of the Invalidity Group Provided that the Beneficiary of Invalidity Pension before the Change of the Invalidity Group was an Employee or Made Social Contributions, with Article 91 and 109 of the Satversme of the Republic of Latvia

Case short name: The Disability Pension

Constitutional Court held:
1. To recognise Para 16(1) of transitional provisions of the law “On State Pensions”, insofar as it applies to disability pension recalculation formula in case of change of the disability group provided that the beneficiary of disability pension before the change of the disability group was an employee or made social contributions at least for three years incompatible with Article 91 of the Satversme and invalid as of 1 October 2013, 2. To recognise Para 16(1) of transitional provisions of the law “On State Pensions”, insofar as it applies to disability pension recalculation formula in case of change of the disability group provided that the beneficiary of disability pension before the change of the disability group was an employee or made social contributions at least for three years incompatible with the first sentence of Article 91 of the Satversme of the Republic of Latvia with regard to Uldis Strautkalns and other persons, who have started defending their infringed rights with general legal remedies, invalid as of the date of its adoption.