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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 01.01.2011.–17.07.2013.
Amendments not included: 13.06.2013., 09.07.2013., 17.12.2020.
Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

8 November 2007;
16 June 2009;
15 October 2009;
14 January 2010;
13 May 2010;
9 September 2010.

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

The Saeima 1 has adopted
and the President has proclaimed the following Law:

Law On the Service Pension of State and Local Government Professional Orchestra, Choir, Concert Organisation, Theatre and Circus Artists and the Allowance for Creative Work of Ballet Artists

[14 January 2010]

Section 1. Terms Used in this Law

The following terms are used in this Law:

1) ballet artist (ballet soloist, ballet-dancer, and dancer) - a person whose work duty is to perform solo dances, dances together with a partner, in a troupe or a dance group in performances, concerts;

2) circus artist [circus acrobat, circus show leader, clown, illusionist (magician), juggler, gymnast, trainer, equilibrist, athlete, conjurer] - a person whose work duty is to perform in public at a circus;

3) choir artist (choir singer, vocalist) - a person whose work duty is to sing in an ensemble, choir in performing music works;

4) puppet theatre actor (actor) - a person whose work duty is to play parts by manipulating puppets (string puppet, parterre puppet, marionette) in dramatic performances at a theatre;

5) orchestra artist (orchestra musician, instrumentalist, wind instrument musician, percussionist, string instrument musician) - a person whose work duty is to play one or several music instruments in an orchestra in performing music works;

6) soloist vocalist (singer) - a person whose work duty is to sing solo parts or roles, to sing in an ensemble in performing music works in performances, concerts;

7) theatre actor (actor, actress en travesti) - a person whose work duty is to play parts in dramatic performances in a theatre; and

8) artist of a State and local government professional orchestra, choir, concert organisation, theatre or circus - a ballet, circus, choir or orchestra artist, a theatre or puppet theatre actor, a soloist vocalist.

Section 2. Purpose of this Law

The purpose of this Law is to ensure the right to a service pension for State and local government professional orchestra, choir, concert organisation, theatre and circus artists (hereinafter - person) in light of the fact that working in these professions over a period of time is connected with the loss of one's professional skills before reaching the age determined for the granting of an old-age pension, to lay down the procedures for the granting, calculation and payment of the service pension, as well as to ensure the right to an allowance for creative work for ballet artists and to determine the procedures for the granting, calculation and payment of such allowance.

[14 January 2010]

Section 3. Right to a Service Pension

(1) The following persons have the right to a service pension:

1) ballet artists - after 18 years of work;

2) soloist vocalists and circus artists - after 20 years of work;

3) orchestra artists - after 25 years of work;

4) choir artists - after 25 years of work;

5) puppet theatre actors - after 25 years of work; and

6) theatre actors - after 30 years of work.

(2) Persons who have worked not less than 10 years in the respective profession and are in an employment relationship in this profession are entitled to a service pension upon reaching the following age:

1) ballet and circus artists - 38 years;

2) soloist vocalists - 45 years;

3) orchestra artists - 50 years;

4) choir artists - 50 years;

5) puppet theatre actors - 50 years; and

6) theatre actors - 55 years.

(3) Persons who comply with the provisions referred to in Paragraphs one and two of this Section and who have been retired from work after the coming into force of this Law are entitled to a service pension, except for the persons referred to in Paragraph four of this Section.

(4) Ballet artists, circus artists, choir artists, puppet theatre actors, orchestra artists (wind instrument musicians), actresses en travesti, vocal soloists who have been retired from work during the time period from 1 January 1999 to 1 January 2005 and who comply with the provisions specified in Paragraphs one and two of this Section are entitled to receive a service pension.

(5) A person who has reached the age specified for the granting of an old-age pension is not entitled to receive a service pension, except for the cases specified in Section 7, Paragraph six of this Law.

Section 4. Calculation of Length of Service

(1) The period of time worked in a State and local government professional orchestra, choir, concert organisation, theatre or circus shall be included in the length of service, which gives the right to receive a service pension.

(2) The period of time worked in a professional orchestra, choir, concert organisation, theatre or circus which operated in the territory of Latvia up to 4 May 1990 is also included in the length of service, which gives the right to receive a service pension.

(3) For persons who have worked in the professions specified in Section 3 of this Law, the length of service shall be calculated by summing up the period of time worked in each of these professions. The last profession in which not less than three years were worked defines the number of years following, which the amount of service pension is calculated.

Section 5. Remuneration for Work from which Service Pension shall be Calculated

(1) A service pension shall be calculated from the average remuneration for one month for the last 36 months worked in the respective profession. If during the last 36 months there has been an interruption in the employment relationship in the respective profession, the calculation shall include the 36 months before and after this period of time, summing them together.

(2) The average monthly remuneration is calculated by dividing the total amount of work remuneration for the previous 36 months by 36. Work remuneration includes working wages, additional payments specified in laws and regulations, collective agreements or employment contracts, as well as bonuses.

Section 6. Time Periods for the Granting of a Service Pension

A service pension shall be granted without any time period restriction to a person who has been retired from work in a profession, which gives the right to such pension, taking into account the time periods specified in Section 3 of this Law.

Section 7. Calculation of a Service Pension and Funds for the Payment of a Service Pension

(1) A service pension which constitutes 55 per cent from the average monthly remuneration of a person shall be granted in accordance with the number of years worked in the respective profession specified in Section 3, Paragraph one of this Law.

(2) A service pension, which constitutes 45 per cent from the average monthly remuneration of a person, shall be granted in accordance with the age and number of years worked in the respective profession specified in Section 3, Paragraph two of this Law.

(3) The amount of a service pension shall not be less than the State social security allowance.

(4) The amount of a service pension shall not exceed tenfold the State social security allowance.

(5) A service pension shall be paid from the funds of the State general budget, which are granted for the Ministry of Welfare in accordance with an appropriation from the annual State Budget Law.

(6) An old-age pension shall be granted to the beneficiary of a service pension in accordance with the Law "On State Pensions". When the beneficiary of a service pension reaches the age stated in the Law "On State Pensions", disbursement of the service pension to him or her shall be suspended until the granting of the old-age pension. After the granting of the old-age pension, disbursement of the service pension shall be resumed, reducing it by the amount of the granted old-age pension.

[9 September 2010]

Section 8. Raising the Amount of a Service Pension

(1) The amount of a service pension is subject to review once a year on 1 October, taking into account the actual consumer price index. If the index is less than "1"", a service pension shall not be reviewed.

(2) The amount of a service pension shall be reviewed following the procedure determined in accordance with the Law On State Pensions for review of the granted State pensions.

[9 September 2010]

Section 9. Procedure for the Request and Disbursement of a Service Pension

(1) The documents required for a request for a service pension and the granting thereof shall be submitted to one of the divisions of the State Social Insurance Agency.

(2) An official of the State Social Insurance Agency shall examine a request for a service pension and the documents required for the granting thereof and take a decision regarding granting of a service pension or refusal to grant a service pension.

(3) Upon a request of the State Social Insurance Agency the Ministry of Culture shall provide the information regarding service and remuneration for work of the State and Local Government Professional Orchestra, Choir, Concert Organisation, Theatre and Circus Artists of which a service pension is to be calculated.

(4) Persons who are entitled to several service pensions shall be granted only one pension according to the choice of the respective person.

(5) The procedures for granting and disbursement of a service pension shall be specified by the Cabinet.

(6) The recipient of a service pension may authorise another person to receive his or her pension.

(7) A requester may contest administrative statements issued by the officials of the State Social Insurance Agency or actual action to the Director of the State Social Insurance Agency. A decision of the Director of the State Social Insurance Agency may be appealed to the court in accordance with the procedures specified by the Administrative Procedure Law.

[9 September 2010]

Section 10. Suspension of Disbursement of a Service Pension or Amendment of the Amount thereof

(1) The disbursement of a service pension shall be suspended or the amount thereof amended in accordance with the procedures specified by this Law in the following cases:

1) an old-age pension has been granted to the recipient of a service pension in accordance with the Law "On State Pensions"; or

2) the recipient of a service pension enters anew into an employment relationship in a professional orchestra, choir, concert organisation, theatre, or circus in a profession, which entitles him or her to a service pension.

(11) The disbursement of a service pension shall be suspended while the recipient of a service pension receives an unemployment benefit.

(2) It is the duty of the recipient of a service pension to inform the State Social Insurance Agency within 10 days regarding the setting in of the circumstances specified in Paragraph one, Clause 2 of this Section.

[08 November 2007; 9 September 2010]

Section 11. Disbursement of a Service Pension for a Past Time Period

(1) Calculated amounts of a service pension, which the recipient has not duly received on time, shall be paid for the period that has passed, but which is not longer than three years.

(2) If the calculated amounts of a service pension have not been received on time due to the fault of the institution, which grants or disburses the service pension, these amounts shall be paid for the period that has passed without any restriction on the time period.

Section 12. Deductions from a Service Pension

(1) Deductions from a service pension may be performed:

1) on the basis of an adjudication of a court;

2) on the basis of the decision of an official of the State Social Insurance Agency, in order to recover overpaid amounts of the pension which has been overpaid to a recipient of a service pension because of his or her fault. In this case 10 per cent from the amount of the payable service pension shall be deducted until the moment when the overpaid amounts are extinguished.

(2) Means of support for the support of minor children shall be recovered in the first instance.

(3) The total amount of deductions per month may not exceed 50 per cent of the amount of the service pension.

(4) If the disbursement of the service pension is suspended before the extinguishing of the debt, the remaining amount of debt shall be recovered in accordance with the procedures specified by law.

[9 September 2010]

Section 13. Service Pensions Not Received Due to the Death of a Person and Disbursement of a Funeral Allowance

(1) The spouse or first-level or second-level relatives are entitled to receive the amounts of a service pension calculated, but unpaid at the time of death of a pension recipient, but another person - on the basis of a inheritance certificate or court adjudication.

(2) In the case of the death of a service pension recipient, a funeral allowance in the amount of two months of service pension shall be paid to his or her family or to the person who has undertaken to organise the funeral. In order to receive a funeral allowance the requester thereof or his or her authorised person shall, within 12 months after the day of the death of a service pension recipient, submit a submission in writing to the division of the State Social Insurance Agency and present a personal identification document.

(21) In the case of the death of a service pension recipient, a lump sum benefit in the amount of two pensions of the dead spouse shall be granted and paid to a survived spouse on the basis of his or her request. The right to a lump sum benefit arises then, if on the day of death of the dead spouse the survived spouse is a recipient of an old-age, disability or service pension and the death has occurred after 1 June 2010. The right to the benefit is then, if it is requested within 12 months after the day of the death of the deceased spouse.

(3) [9 September 2010]

[13 May 2010; 9 September 2010]

Section 14. Allowance for Creative Work

(1) The ballet artists, who have been dismissed from work in the profession of the ballet artist until 31 December 1998, have the right to receive an allowance for creative work performed in addition to the State pension. In determining the right to the allowance the assessment of creative work of a requester shall be taken into account.

(2) An allowance shall be paid by the Ministry of Culture from the resources intended in the State budget for the current year.

(3) Creative work shall be assessed taking into account the following criteria:

1) a leading role in a classical ballet in several acts - 10 points;

2) a leading role in a ballet in several acts - 8 points;

3) a leading role in a children's ballet in several acts - 5 points;

4) a leading role in a ballet in one act or in a ballet performance - 6 points;

5) a supporting role in a classical ballet - 4 points;

6) a supporting role in other ballets - 3 points;

7) participation in the competitions of ballet performers:

a) a medal (place) acquired - 10 points,

b) a laureate (diploma) - 5 points.

(4) The requester of an allowance shall be granted Category I, if his or her creative work has been assessed with 121 points and more; the requester of an allowance shall be granted Category II, if his or her creative work has been assessed from 80 to 120 points.

(5) An allowance shall be determined in the threefold amount of the State social allowance, if Category I is granted, and in the double amount of the State social security benefit, if Category II is granted.

(6) The procedures for granting and disbursement of an allowance shall be determined by the Cabinet.

[14 January 2010]

Section 15. Payment of a Service Pension to Persons Going Abroad

A service pension granted for persons who are leaving for permanent life abroad shall be paid in accordance with the procedures determined for the payment of State pensions in accordance with the Law On State Pensions.

[9 September 2010]

Transitional Provisions

[16 June 2009]

(1) If a person is the recipient of a service pension and unemployment benefit at the same time on 31 December 2007, then the disbursement of the service pension shall be suspended for such person from 1 February 2008 for the remaining time period of the disbursement of the unemployment benefit.

[08 November 2007]

(2) [13 May 2010]

[16 June 2009]

(3) [13 May 2010]

(4) [13 May 2010]

[16 June 2009]

5. [13 May 2010]

[15 October 2009]

6. [13 May 2010]

[15 October 2009]

7. The part of an unreceived pension shall be disbursed from 1 November 2009 for a person for whom the disability has been determined and who received a service pension in a limited amount in accordance with Clause 2, 3 and 4 of these Transitional Provisions during the time period from 1 July 2009 by 31 October 2009.

[15 October 2009]

8. The Ministry of Culture shall continue the disbursement of the allowance from the resources in the State budget intended for the current year to a person for whom an allowance for creative work has been granted in accordance with Cabinet Regulation No. 176 of 28 February 2006, Regulation Regarding Granting of an Allowance for Outstanding Ballet Artists of Latvia.

(8.1) The Ministry of Culture shall disburse the withhold (non-received) part of a service pension in July 2010 at the same time with a service pension for July for persons, who within a time period from 1 July 2009 until 31 May 2010 in accordance with the provisions of this Law received a service pension granted in a limited amount of 90 percent or 30 percent of the service pension granted.

[14 January 2010; 13 May 2010]

9. In the case of the death of a service pension recipient within a time period from 1 July 2009 until 31 May 2009, a spouse or first-level or second-level relatives are entitled to receive the part of a service pension due (non-received), but another person - on the basis of a inheritance certificate or court adjudication.

[13 May 2010]

10. The rate of personal income tax applied for the part of a service pension to be reimbursed for a time period from 1 July 2009 until 31 December 2009 shall be 23 per cent.

[13 May 2010]

11. If there is an entry in a payroll tax booklet submitted to the Ministry of Culture regarding the right to tax rebates or additional tax rebates, these rebates shall be taken into account in the calculation of a part of a service pension to be reimbursed.

[13 May 2010]

12. Persons, for whom a part of a service pension to be reimbursed has been disbursed for a time period from 1 July 2009 until 31 December 2009 and who voluntarily want to submit an annual income declaration for 2009, shall submit such declaration to the State Revenue Service after the receipt of a part of a service pension to be reimbursed.

[13 May 2010]

13. Persons, for whom a part of a service pension to be reimbursed has been disbursed for a time period from 1 July 2009 until 31 December 2009 and who have a duty to submit an annual income declaration to the State Revenue Service in accordance with the Law On Personal Income Tax not later than until 1 April of the year following the taxation year, shall submit an updated annual income declaration for 2009 to the State Revenue Service until 1 August 2010 and pay into the State budget the sum of the calculated tax not later than until 16 August 2010, but, if the sum of the calculated tax exceeds LVL 450, a payer may pay it into the budget in three instalments - by 16 August, 16 September and 16 October, paying one third of the sum each time.

[13 May 2010]

Note. This Law shall come into force on 1 January 2008.

[08 November 2007]

Note.1 This Law shall come into force on 1 July 2009.

[16 June 2009]

Note.2 This Law shall come into force on 1 November 2009.

[15 October 2009]

Note.3 This Law shall come into force on 1 July 2010.

[14 January 2010]

Note.4 This Law shall come into force on 1 June 2010.

[13 May 2010]

Note.5 This Law shall come into force on 1 January 2010.

[9 September 2010]

This Law shall come into force on 1 January 2005.

This Law has been adopted by the Saeima on 17 June 2004.

President V. Vīķe-Freiberga

Rīga, 7 July 2004

 


1 The Parliament of the Republic of Latvia

Translation © 2010 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Valsts un pašvaldību profesionālo orķestru, koru, koncertorganizāciju, teātru un cirka mākslinieku .. Status:
In force
in force
Issuer: Saeima Type: law Adoption: 17.06.2004.Entry into force: 01.01.2005.Theme: Social protection; Culture and artPublication: Latvijas Vēstnesis, 106, 07.07.2004.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 14, 29.07.2004.
Language:
LVEN
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