The Constitutional Court initiated a case on the procedure for calculation of pensions
On 16 May 2012, the First Panel of the Constitutional Court initiated a case “On Compliance of the Words “up to 31 December 2011” of Para 41 of Transitional Provisions of the Law “On State Pensions” with Article 91.[1] and 109.[2] of the Satversme of the Republic of Latvia”.
Contested Norm
Para 41 of Transitional Provisions of the Law “On State Pensions” provides that recipients of the old age and invalidity pension residing in Latvia and the European Economic Area, for the length of period of insurance that is accrued up to 31 December 1995 and has been taken account when granting (recalculating) the pension, shall be granted, up to 31 December 2011, a supplementary payment for each length of period year. The Cabinet of Ministers shall determine the procedure, according to which the supplementary payment would be disbursed, as well as establish its amount that can not be less than 0.70 lats in the period from 1 January 2009 to 31 December 2011.
The Facts
The Contested Norm establishes that, disregarding the total length of period of insurance of a person accrued before 31 December 1995, the person shall have the right to receive the supplementary payment to the pension if it has retired before 31 December 2011. The applicants – 20 members of the Saeima [Parliament] hold that this breaches the principle of legal equality.
Moreover, the regulatory framework included into the Contested Norm shall be regarded as the one that restricts the right of a person to social security.
Proceedings
The Saeima was asked to provide, before 16 July 2012, a reply on the facts of the case and legal substantiation thereof.
The term of preparation of the case is 16 October 2012.
[1] Article 91 of the Satversme of the Republic of Latvia: “All human beings in Latvia shall be equal before the law and the courts. Human rights shall be realised without discrimination of any kind.”
[2] Article 109 of the Satversme of the Republic of Latvia: “Everyone has the right to social security in old age, for work disability, for unemployment and in other cases as provided by law.”
Linked case: 2012-12-01