Case Initiated regarding Conditions for Granting Service Pensions to KNAB Officials
On 9 January 2013 the 2nd Panel of the Constitutional Court initiated a case “On the Compliance of Para 3 of Section 3 of the Law on the Service Pensions of the Officials of the Corruption Prevention and Combating Bureau with Article 91 and Article 109 of the Satversme of the Republic of Latvia”.
The Contested Norm
In accordance with the contested norm the period of time, served in the institutions belonging to the system of the Ministry of Interior of the Republic of Latvia, is included in the service period, which gives the right to the officials of the Corruption Prevention and Combating Bureau (KNAB) to receive service pension.
Norm of Higher Legal Force
Article 91 of the Satversme: “All human beings in Latvia shall be equal before the law and the courts. Human rights shall be realised without discrimination of any kind.”
Article 109 of the Satversme: “Everyone has the right to social security in old age, for work disability, for unemployment and in other cases as provided by law.”
The Facts
The Applicant – Administrative District Court – is examining a case, in which a person asks to revoke the decision by the State Social Insurance Agency (SSIA) to refuse granting a service pension to a former KNAB employee. SSIA substantiates its decision with the contested norm, i.e., SSIA holds that in granting the pension only the time, which a person has served in institutions belonging to the system of Ministry of Interior of the Republic of Latvia, should be taken into account. Since the service period accumulated during the Soviet period (in the institutions belonging to the system of the Ministry of Interior of the LSSR) is not taken into account, the service period necessary for granting the pension has not been accumulated.
The Administrative District Court holds that the contested norm limits a person’s right to social security. Moreover, it places the person in an unequal situation compared to the representatives of a number of other professions, for example, employees of the Ministry of Interior or prosecutors, as in granting service pensions to the representatives of these other professions the period of service in the institutions belonging to the system of the Ministry of Interior of the LSSR is taken into consideration.
Legal Proceedings
The Constitutional Court has asked the Saeima to provide a reply on the facts of the case and legal substantiation by 9 March 2013.
The term for preparing the case is 9 June 2013.
Linked case: 2013-01-01