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The translation of this document is outdated.
Translation validity: 19.07.2003.–09.05.2005.
Amendments not included: 03.05.2005., 09.10.2007., 26.02.2008., 21.01.2014., 19.02.2019.

Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g. chairperson.

Text consolidated by Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) with amending regulations of:

15 July 2003 (No. 396).

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph

 

Republic of Latvia

Cabinet
Regulation No. 165
Adopted 23 April 2002

Procedures for Producing Evidence, Calculation and Registration of Periods of Insurance

Issued pursuant to
Paragraph 21 of the transitional provisions of the
Law On State Pensions

I. General Provisions

1. These Regulations prescribe the procedures for producing evidence, calculation and registration of the periods of insurance determined in Paragraphs 1 and 2 of the transitional provisions of the Law On State Pensions.

2. Work and periods regarded as equal thereto by 1 January 1991, irrespective of the performance of the social insurance payments (but not sooner than from the day a person has reached 15 years of age, except the case specified in Paragraph 40 of these Regulations) shall be regarded as equal to periods of insurance which are based on the social insurance payments and constitute the length of period of insurance (except the case specified in Paragraph 35 of these Regulations), in order to determine the rights to the State pension which have occurred after coming into force of these Regulations.

3. Such periods shall be considered as work and periods regarded as equal thereto from 1 January 1991 to 1 January 1996 during which social insurance payments have been made, except the case referred to in Paragraph 37 of these Regulations.

4. Documents attesting to the period of insurance shall be submitted to the State Social Insurance Agency (hereinafter - agency). The agency shall register individual periods of insurance and calculate the total length of period of insurance.

II. Documents Attesting to Period of Insurance

5. The period of insurance shall be attested by the following documents:

5.1. work-record book (an employment contract book);

5.2. work-record book of a collective farmer;

5.3. employment contract and documents regarding the performance thereof which contain an indication regarding completion of the relevant period of work;

5.4. record of military service;

5.5. document attesting to education (certificate, attestation, diploma, statement of an educational institution);

5.6. statements of the State Archives of Latvia or archives of other states (hereinafter - archive);

5.7. statement of an employer issued in accordance with Paragraph 11 of these Regulations;

5.8. accounting book of an agricultural holding and a house register;

5.9. document regarding social insurance payments made by a farm before 1991;

5.10. document attesting to individual work which is issued by the finance division of the relevant Executive Committee;

5.11. disablement statement or an extract from the statement by the Medical State Commission for Expert-Examination of Health and Working Ability;

5.12. medical opinion for a child who is disabled since childhood;

5.13. opinion of the Evaluation of the Crimes of Totalitarian Regimes Commission which is attested by official documents (for example, archive statements, judgements of a court);

5.14. document issued by the Ministry of the Interior, Office of the Prosecutor, archive or court regarding the period of political repression or regarding the period of activity in the national resistance movement, as well as regarding rehabilitation;

5.15. statements of creative unions;

5.16. statements of trade unions;

5.17. statement of the administration of a religious organisation regarding serving periods of the clergy personnel;

5.18. certificate of a politically repressed person or a participant of the national resistance movement;

5.19. document attesting that an officer of the Armed Forces of former USSR has been deprived of the service rank in connection with activities in the interests of Latvia;

5.20. birth certificate;

5.21. document attesting upbringing of a child up to the age of 8 years or nursing of a disabled child (up to the age of 16 years);

5.22. certificate of a repatriate;

5.23. marriage certificate;

5.24. divorce certificate;

5.25. death certificate;

5.26. statement of the General Registry Office;

5.27. permit (certificate) of the change of a given name or surname;

5.28. residence statement; and

5.29. judgement of a court.

[15 July 2003]

6. For attesting periods of insurance the following shall be presented:

6.1. originals of the documents; and

6.2. duplicates or copies of documents, which are documented in compliance with the requirements set out in the relevant regulatory enactments and the correctness of which has been confirmed by the author of the document or a notary public.

7. The documents referred to in Sub-paragraphs 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 5.13, 5.14, 5.15, 5.16, 5.17 and 5.29 of these Regulations shall be taken into consideration for producing evidence of the period of insurance, taking into consideration the commencement and termination dates (date, month, year) of the period of insurance specified therein. If the information in the document attesting to the duration of the period of insurance is incomplete, 1 July of the relevant year shall be considered as the commencement or termination date of the period of insurance, provided that only the commencement or termination year is specified, and if the year and a month without the date is specified - the fifteenth date of the relevant month.

8. Documents issued in other states shall be used for producing the evidence of the period of insurance, provided that they are legalised, except for the cases where international agreements prescribe other procedures.

9. A document in a foreign language shall be accepted only if a translation in the official language certified in accordance with the procedures prescribed in Section 10, Paragraph three of the Official Language Law is attached thereto, except documents issued in Latvia before 1 September 2000 which do not require translation in the official language.

10. A document received from foreign countries may be accepted without translation in the official language.

11. A statement of work, which has been issued after 12 May 1964, shall be accepted for producing evidence of periods of insurance, if it is substantiated by the reference to the documents.

12. The first entry in a work-record book issued up to 14 December 1962 regarding total length of the period of insurance prior to the issue of the work-record book shall be taken into consideration for producing evidence of the period of insurance, provided that the entry of the work-record book referred to is supported by reference to documents.

13. The first entry in a work-record book issued after 14 December 1962 regarding total length of the period of insurance prior to the issue of the work-record book shall be taken into consideration for producing evidence of the period of insurance, provided that the entry of the work-record book referred to is supported by reference to a document, the number and date of issue thereof.

14. Entries in the work-record book regarding work and periods regarded as equal thereto shall be taken into consideration for providing evidence of the period of insurance, if:

14.1. the entry regarding employment and dismissal is supported by reference to a document, and the number and date of issue thereof are indicated, but the entry regarding dismissal is approved by the signature of the head or a person authorised by the head of the relevant undertaking, organisation or institution and by the seal of the relevant undertaking, organisation or institution;

14.2. the entry regarding employment and dismissal has been performed by different employers, explanation of the changes that have occurred and the date when the changes were made is required;

14.3. in the entry regarding mandatory military service the date of commencement and termination of the service, number and date of issue of the record of service are specified; and

14.4. in the entry regarding studies, the length of the period of studies is specified, as well as the number and date of issue of the document on the basis of which the relevant entry has been made.

15. If a given name or surname differs in the documents attesting to the period of insurance, the document attesting to the change of the given name or surname shall be presented. If the entry regarding change of the given name or surname has been made in the work-record book on the basis of a passport, birth certificate, marriage certificate, divorce certificate, the document or statement of the General Registry Office attesting to the change of the given name or surname and the number and date of issue of these documents are specified, and the entry has been certified by the signature of the head or a person authorised by the head of the relevant undertaking, organisation or institution and by the seal of the relevant undertaking, organisation or institution or by the seal of the personnel department, presentation of the document attesting to the change of the given name or surname shall not be required.

16. If the submitted documents referred to in Paragraph 5 of these Regulations are incomplete, inaccurate or unclear, the agency has the right for an unlimited the period to request that other documents are presented (before the request for the pension of the relevant person).

17. If additional information from the archive is required for the submitted documents in determining the period of insurance, it shall be taken into consideration, provided that additional information has been submitted within a period of one year and a half after the request for pension.

18. For producing evidence of the period of insurance in addition to the documents referred to in Paragraph 5 of these Regulations other submitted documents shall be examined as well.

19. If a person within the time period from 1 January 1991 to 1 January 1996 has performed social insurance payments as a self-employed person or for the periods regarded as equal to work which are referred to in Paragraph 2 of the transitional provisions of the Law on State Pensions, these periods shall be included in the length of the period of insurance without requiring additional documents.

III. Producing Evidence of Periods of Individual Insurance

20. Work in institutions, organisations and undertakings:

20.1. shall be proved on the basis of the documents specified in Sub-paragraphs 5.1, 5.3, 5.6, 5.7 and 5.29 of these Regulations; and

20.2. if it is related with official travels outside Latvia for a person who is not a citizen of Latvia, shall be included in the period of insurance (but not longer than for one year and not longer than until the day when the person has been dismissed from the relevant work) in the case, when the documents referred to in Sub-paragraphs 5.1, 5.3, 5.6, 5.7 and 5.29 of these Regulations contain an entry regarding sending of a person on official travel outside Latvia.

21. Work in institutions, organisations, undertakings or companies located in the territory of Latvia shall be regarded as a work period in Latvia.

22. Evidence regarding work at individual persons shall be provided on the basis of the statement referred to in Sub-paragraph 5.16 of these Regulations.

23. Studies during the period of work shall be equivalent to the work in institutions, organisations and undertakings.

24. The period of mandatory military service for privates in the armed forces of the former USSR shall constitute a period of insurance, if evidence regarding it has been produced on the basis of the documents referred to in Sub-paragraphs 5.1, 5.4 and 5.6 of these Regulations.

25. The period of alternative military service shall constitute a period of insurance if evidence regarding it has been produced on the basis of the documents referred to in Sub-paragraphs 5.1, 5.4 and 5.6 of these Regulations.

26. The extended service period for soldiers and the period of military service for officers shall constitute a period of insurance:

26.1. if they have served in the Army of the Republic of Latvia and evidence regarding it has been produced on the basis of the documents referred to in Sub-paragraphs 5.4 and 5.6 of these Regulations;

26.2. for the citizens of Latvia:

26.2.1. if they have served in the Armed Forces of the former USSR and in connection with activity in the interests of Latvia they have been deprived of the service rank and evidence regarding it has been produced on the basis of the documents referred to in Sub-paragraphs 5.4, 5.6 and 5.19 of these Regulations; and

26.2.2. if they have served in the Armed Forces of the former USSR and have been conscripted into active military service after mandatory military service or graduation of the civil institution of higher education, and evidence regarding it has been produced on the basis of documents referred to in Sub-paragraphs 5.4 and 5.6 of these Regulations, and provided that they do not receive pension of another state in the calculation of which the period of military service until 31 December 1990 has been taken into consideration.

27. The work of members of creative unions shall constitute the period of insurance from the day when the work of the author is published, exhibited or performed for the first time, but not for longer than 31 December 1990, if evidence regarding it has been produced on the basis of the statements issued by the Writers' Union, Artists' Union or Composers' Union referred to in Sub-paragraph 5.15 of these Regulations and they specify that the person is a member of the relevant union, as well as the time when the work of the author is published, exhibited or performed for the first time.

28. Work in a collective farm shall constitute a period of insurance, if evidence regarding it has been produced on the basis of the documents referred to in Sub-paragraphs 5.1, 5.2, 5.3, 5.6 and 5.7 of these Regulations. In determining the period of insurance the following conditions shall be observed:

28.1. for members of collective farms the period of insurance shall be constituted of the period of time in which workdays are registered or remuneration is received:

28.1.1. the start date of the period of insurance shall be the date of entering into the collective farm, if workdays have been registered or remuneration has been received in the year of entrance. If the workdays or remuneration have been specified after the year of entrance into the collective farm, the start date of the period of insurance shall be determined from 1 January of the year in which the workdays or remuneration is registered;

28.1.2. the end date of the period of insurance shall be the date of withdrawal of the person from the collective farm. In the case when workdays have not been registered or remuneration has not been received in the year of withdrawal, 31 December of the last year in which the workdays are registered or remuneration received shall be considered to be the end date of the period of insurance; and

28.2. the period of insurance for the persons who have worked in a collective farm without having the status of a member of the collective farm shall be determined in the same way as for the persons who have worked in undertakings, institutions and organisations. If the period is unknown, but workdays or remuneration are specified in a certain month or year, the work at a collective farm shall be equivalent to the work at undertakings, institutions or organisations.

29. The period of time during which the mother has raised a child under the age of eight years shall constitute the period of insurance if evidence regarding it has been produced on the basis of the documents referred to in Sub-paragraphs 5.20 and 5.21 of these Regulations. In determining the period of insurance the following conditions shall be observed:

29.1. the start date of the period of insurance is the date of birth of the child, but the end date - the date before the child reaches the age of eight years;

29.2. the end date of the period of insurance, if the child has died before reaching the age of 8 years - the date before the day of the death of the child; and

29.3. the end date of the period of insurance, if there is the court adjudication regarding revocation of parental authority of the mother - the date before coming into force of a court adjudication.

30. The state in the territory of which the mother of a child has permanently resided shall be considered as a place of raising a child.

31. The period of studies at institutions of higher education, as well as at other institutions of education after the acquisition of secondary education shall constitute the period of insurance if evidence regarding it has been produced on the basis of documents referred to in Sub-paragraphs 5.1, 5.5 and 5.6 of these Regulations. In determining the period of insurance the following conditions shall be observed:

31.1. total period of studies at institutions of higher education shall constitute the period of insurance, but not longer than for five years, at institutions of higher education related to medicine - not longer than for six years; and

31.2. the period of studies at institutions of higher education and other institutions of education after the acquisition of the secondary education shall be included in the length of insurance irrespective of whether the relevant institution of education has been graduated, but in total - not more than five years.

32. If the start date and month are not specified in the documents, 1 September of the year referred to shall be considered as the start date of the period.

33. The actual period of full time doctoral studies, but not longer than three years and the period of post graduate education and raising of qualifications shall constitute the period of insurance on the basis of a document attesting thereto.

34. Work at an agricultural holding shall constitute the period of insurance on the basis of the documents referred to in Sub-paragraphs 5.6, 5.8 and 5.29 of these Regulations in which the occupation related to agriculture or fishery is specified, but not longer than until establishing of the collective farm. In case of absence of the information regarding the establishment of the collective farm - not longer than until 15 March 1949. If the document specifies "pupil - agricultural worker", "pupil - shepherd", "pupil - worker" and the like, the four months of the relevant year from 15 May to 15 September shall constitute the period of insurance.

35. Work of agricultural nature on a farm from 1 June 1989 shall constitute a period of insurance if evidence regarding it has been produced by:

35.1. documents attesting to the performance of social insurance payments for the farmer, his or her family members and other persons who have worked on the farm on the basis of the contract of employment; and

35.2. the document referred to in Sub-paragraph 5.1 of these Regulations - for persons who have worked in the farm on the basis of the work contract. The signature of the employer (farmer) must be confirmed by the signature and seal of the head of the soviet farm, chairman of the collective farm or responsible official of the Executive committee in the territory of which the farm was located.

36. The period of service of the clergy personnel in a religious organisation shall be considered as a period of insurance, if evidence regarding it has been produced on the basis of the document referred to in Sub-paragraph 5.17 of these Regulations.

37. The period during which a person is considered disabled and does not work shall constitute the period of insurance:

37.1. from the date the disablement is determined or from the date following the date the person is dismissed until the last date of disablement or a day before commencing work, but not longer than until attaining the age necessary for granting the old age pension; and

37.2. if evidence regarding the period of insurance has been produced on the basis of the document referred to in Sub-paragraph 5.11 of these Regulations (starting from 4 May 1990 the document issued in the Republic of Latvia shall be valid).

38. The period of nursing a disabled child (until reaching 16 years of age thereof) shall constitute the period of insurance:

38.1. for the mother on the basis of the document referred to in Sub-paragraph 5.12 of these Regulations (starting from 4 May 1990 the document issued in the Republic of Latvia shall be valid) from the date of birth of the child, provided that the document referred to does not specify another date until the date when the disabled child has reached the 16 years of age; and

38.2. for other persons who have nursed a disabled child until 16 years of age, on the basis of the court adjudication regarding determination of the legal fact which has been referred to in Sub-paragraph 5.29 of these Regulations (the period of insurance shall be the period of nursing the child specified in the court adjudication).

39. Evidence regarding the period of insurance during which a person has nursed a first group disabled person or a person who has reached 80 years of age shall be produced on the basis of a document referred to in Sub-paragraph 5.29 of these Regulations. The duration of the period of insurance shall be determined by taking into consideration the period of nursing specified in the court adjudication regarding determination of the legal fact.

40. Evidence regarding the period of insurance within which a person has been subject to political repression or participated in the national resistance movement shall be produced on the basis of documents referred to in Sub-paragraphs 5.13, 5.14 and 5.18 of these Regulations.

IV. Calculation of Periods of Insurance

41. The duration of individual periods of insurance shall be calculated by deducting the start date of the period from the end date of the period and adding one day to the acquired period.

42. The duration of the period of insurance shall be calculated by presuming that a month consists of 30 days.

43. If the document regarding the period of insurance contains reference only to the number of hours of the work performed, the duration of the period of insurance shall be calculated by presuming that a day includes eight hours of work.

44. If the beginning and end of the period of insurance are not specified in the document, but only the duration thereof in years, months and days, such information shall be utilised in calculating the length of insurance.

45. Each period of insurance which is expressed as a unit of a calendar period shall be once included in the total length of the period of insurance, verifying before calculation of the length of the periods of insurance whether the periods of insurance do not coincide. If the periods coincide, only one period of insurance shall be included in the length of the period of insurance - the one that is most beneficial for the relevant person.

46. If the period of insurance is constituted of work the evidence of which has been produced on the basis of the entry in the work-record book specified in Paragraphs 12 and 13 of these Regulations, the period of insurance the evidence of which has been produced additionally before making the first entry shall not be listed in the work-record book.

47. The total length of the period of insurance shall be calculated by utilising the data, which is at the disposal of the agency regarding periods of insurance. The individual periods of insurance shall be summed and the total length of the period of insurance shall be expressed in years, months and days.

V. Registration of Periods of Insurance

48. The agency shall register the individual periods of insurance on the basis of the documents referred to in Paragraph 5 of these Regulations, which shall be presented to the agency by:

48.1. the person, if the documents are in the possession of this person; and

48.2. the employer, if the documents referred to in Sub-paragraphs 5.1, 5.2 and 5.3 of these Regulations are in the possession of the employer;

49. A person has the right:

49.1. to verify the information at the agency regarding registration of the periods of insurance thereof, and, where necessary, to receive a short explanation thereof; and

49.2. before granting the particular service to request that the data at the agency is corrected or supplemented by submitting documents which provide a basis for making the relevant amendments.

50. If after granting of a pension a person submits a document attesting to additional period of insurance or substantiates the necessity to make relevant amendments, the amendments shall be made in the register of periods of insurance, but the amount of the pension shall be recalculated in accordance with the procedures provided for by the Law On State Pensions.

51. The agency shall account all those individual periods of insurance, the evidence of which has been produced on the basis of the documents referred to in Paragraphs 5 and 16 of these Regulations, irrespective of whether information regarding these periods will be used in calculating the amount of the relevant social service At the request of the person the agency shall account those periods of work and periods regarded as equal thereto which are not considered as periods of work or periods regarded as equal thereto at the time of accounting.

Prime Minister A. Bērziņš

Minister for Welfare A. Požarnovs

 


Translation © 2004 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)

 
Document information
Title: Apdrošināšanas periodu pierādīšanas, aprēķināšanas un uzskaites kārtība Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 165Adoption: 23.04.2002.Entry into force: 27.04.2002.Publication: Latvijas Vēstnesis, 64, 26.04.2002.
Language:
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