For persons moving within the EU/EEA
On May 1, 2010 came into force a new Regulation No 883/2004 on the coordination of social security systems (further – Regulation No 883/2004). Regulation No 883/2004 replaces the previous Regulation No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community (further – Regulation No 1408/71). While the Implementing Regulation No 987/2009 laying down the procedure for implementing Regulation No 883/2004 replaces the previous Implementing Regulation No 574/72 laying down the procedure for implementing Regulation No 1408/71.
Regulation No 883/2004 is enacted for the purpose of modernising and simplifying the coordination of the EU / EEA social security systems.
Regulation No 883/2004 shall apply to nationals of a Member state, stateless persons and refugees residing in a Member State who are or have been subject to the legislation of one or more Member States, as well as to the members of their families and to their survivors.
Since January 1, 2011 Regulation No 883/2004 shall apply to nationals of third countries, as well as to members of their families and to their survivors, provided that they are legally resident in the territory of a Member State and are in a situation which is not confined in all respects within a single Member State.
Since April 1, 2012 Regulation No 883/2004 shall apply in the relation between the EU Member States and Switzerland.
Since June 1, 2012 Regulation No 883/2004 shall apply to EEA countries (Norway, Liechtenstein and Iceland).
Regulation No 883/2004 does not change the basic principles established by the Regulation No 1408/71 and those are as follows:
each state grants a pension regarding their insurance periods;
to prevent overlapping of insurance periods, the person is subject to the legislation of single Member State only;
for determination of pension rights can be taken into account insurance periods of other EU / EEA Member State.
Old-age pension shall be granted to the person, who has reached the age of retirement and his pension rights arise taking into account the insurance periods in Latvia only or if it is necessary taking into account the insurance periods in other Member State. The pension shall be calculated, considering the accumulated pension capital in Latvia.
The retirement age in the EU / EEA Member States is different, that way it is possible that the pension may be granted in one Member State earlier than other.
Survivor’s pension shall be granted if the deceased breadwinner had been insured in Latvia and the pension rights arise taking into account the insurance periods in Latvia only or if it is necessary taking into account the insurance periods in other Member State. The pension shall be calculated, considering the deceased breadwinner’s accumulated pension capital in Latvia.
Disability pension shall be granted to the person, who has established disability group in Latvia and his pension rights arise taking into account the insurance periods in Latvia only or if it is necessary taking into account the insurance periods in other Member State. The amount of the III disability group pension is definite sum, which is independent of the duration of insurance periods in Latvia. While the I and II disability group pensions shall be calculated, considering the duration of insurance periods and the average monthly wage subject to insurance contributions of the insured person before the granting of the invalidity pension.
Regulation No 883/2004 provides that the Member State does not grant a pension if person has been insured there shorter than one year. At the same time, if in Latvia the insurance period shorter than one year is after 1 January 1996, then it may be granted old age pension or survivor’s pension. In this case the pension rights arise from aggregation of insurance periods of the EU / EEA Member States. It is similar if the insurance period shorter than one year is in other Member State, this period may be taken in to account by the determination of pension rights in Latvia.
The claimant shall submit an application of pension grant to the institution of his place of residence. The claimant shall supply supporting documents and all available information relating to insurance periods. For this aim the person can fill in the form E207 Certificate concerning the insured person’s insurance history.
Each institution shall notify the claimant of the decision. Once the contact institution has been notified of all decisions taken by each institution, it shall send the claimant a summary of decisions. Consequently the appeal of decision the person occurs twice – firstly receiving the decision from the relevant institution of the Member State and secondly receiving the summary of decision.
If the claimant of the pension resides in an EU/EEA Member States, then the pension granted in Latvia will be paid in the bank account in the country of residence, as stated in the pension claim.
If a person who has been granted a pension in Latvia wishes to permanently move to another EU/EEA Member State, he/she can claim an export of the pension to their new country of residence. In this case, the claim for the export of the pension should be submitted in any SSIA department, in the SSIA International service department or in the competent institution in the country of residence. In the application, one should provide the bank account specifications: name of the bank, address of the bank, the BIC/SWIFT code and the IBAN account number.
For persons living in an EU/EEA Member State, the Latvian pension will be continued to be paid if the concerned person submits to the SSIA department (each year during the period 1st of October – 15th of December) a written claim for continued payment of a pension, sending it by mail or submitting it by the mediation of an authorized person. It is necessary to attach to the claim a notarial certification or a document issued by the responsible institution, which testifies that the recipient of the pension is alive.
To continue receiving payment of the survivor’s pension, it has to prove that both the recipient of the pension and the dependent person(-s) are both alive. The dependent person (-s) aged from 18 and until reaching 24 years has to also provide a notice from their educational institution about their full time training or studies.
If the document has been issued in a foreign language, a translation of the document might be necessary.
A claim for continued payment of a pension (i.e. in the case of a survivor’s pension – the notice from the educational institution) can also be submitted personally by the recipient of the pension and the dependent person (-s) in the SSIA department, upon presenting personal ID. In this case, it is not necessary to present a notarial certification which testifies that the recipient of the pension is alive.