REPUBLIC OF LITHUANIA
LAW
ON STATE SOCIAL INSURANCE
CHAPTER I
General Provisions
State Social Insurance shall be the system of social
economic means established by the State, which shall provide
insured residents of the Republic of Lithuania, as well as their
family members in cases established by law, with finances and
services necessary for living if, for reasons established by law,
they are unable to subsist on their earned income or other
income, or for valid reasons established by law, they have
additional expenditures. State Social Insurance policy shall be
implemented by organizations concerned with the interests of the
insurers and the insured.
Article 2.State Social Insurance Regulations
In addition to this and other laws, State Social Insurance
shall be controlled by Government-approved State Social Insurance
benefit Regulations, Regulations of social insurance
institutions, and Regulations for the drafting and implementation
of the State Social Insurance budget.
Article 3. State Social Insurance Payments
The following payments shall be made from the State Social
Insurance budget:
2) sickness allowances, maternity and child birth benefits,
child care benefits, and funeral grants;
4) payments to defray the expenses of medical treatment and
prevention.
Article 4. Persons Insured by the State Social Insurance
State Social Insurance shall be obligatory for:
3) persons who work for organizations of a military nature
(firefighters, rescuers, signalers, etc.) if they are not
eligible for special social provisions under other laws;
4) members of partnerships including agricultural partner-
ships receiving in them income from work;
8) farmers and members of their families who are over 18
years of age and who work on the farm.
Persons specified in items 1-6 shall be obligatory insured
by all branches of State Social Insurance specified in Article 3.
Other persons enumerated in this Article shall be compulsorily
insured by State pension insurance and by other branches of
insurance provided for in this law. They may be insured by other
branches of State Social Insurance on a voluntary basis.
Persons specified in items 1-6 shall be insured by the
enterprises, institutions, or organizations of which they are
employees or members, also they may be insured by themselves.
Persons who are not enumerated in this Article shall be
insured by the branches of insurance provided for in this law on
a voluntary basis either individually or through organizations
which unite them.
Article 5. Period of State Social Insurance
The period of State Social Insurance shall be the period
when a person's contributions are being paid by the person
himself or are being paid for him, as well as any other period
which is equaled by law to the period of State Social Insurance
coverage.
CHAPTER 2
State Social Insurance Benefits
1.Sickness Allowances
Article 6. Eligibility for Sickness Allowances
Sickness allowances shall be paid:
5) in the case where a person is temporarily transferred to
another workplace because he or she has contracted an
occupational disease, tuberculosis, or virus.
Sickness allowances shall also be rewarded to persons who
must undergo treatment in rehabilitation institutions for
tuberculosis or other serious diseases which are enumerated on
the list approved by the Ministries of Health Care and Social
Security (part 3 of Article 24).
Article 7. The Right to Sickness Allowances
Insured persons specified in items 1-6 of Article 4 of this
law shall be eligible for sickness allowances, provided that they
are released from work for reasons set forth in Article 6 of this
law and therefore have no income from work. This right to obtain
allowances shall begin from the first day of employment
(insurance).
Allowances shall be paid according to the general procedure,
provided that the right to receive such allowances is acquired in
the period of employment (including the probation period and the
day of dismissal), and within 3 calendar days of leaving the job
voluntarily or being dismissed from job with the right to
discharge gratuity.
Persons who are insured pursuant to items 1-6 of Article 4
of this law and who loose their job shall be eligible for
sickness allowances due to disease or injury (item 1 of Article
6), provided that they become incapable of work during the period
when, pursuant to law, discharge gratuity, all wage, or a part
thereof is payable, and they are incapable of work when this
period ends.
Sickness allowances shall be paid on the basis of a sickness
certificate which shall be issued according to the established
procedure.
Article 8. The Length of Sickness Allowance Payments
Sickness allowances shall be paid to insured persons who
become sick as a result of disease or injury (item 1 of Article
6) in the periods set forth in Article 7, beginning with the
first day that they become unable to work (not including the days
for which discharge gratuities or wages were paid), and ending
with their recovery from disability or when they acquire invalid
status.
Sickness allowances for part-time and seasonal workers who
become sick during the period of employment contract shall be
payable for no more that 30 calendar days after the employment
contract expires.
Allowances for persons who are injured at work or who
contract occupational disease or tuberculosis, and who are
employed as part-time or seasonal workers shall be paid in the
manner established in part 1 of this Article.
The length of sickness allowance payments to invalids who
are still employed shall be established by the State Social
Insurance Benefit Regulations.
Article 9. Sickness Allowance Payments during the Period of
Vacation
If a person becomes sick as a result of disease or injury
during an annual paid vacation, allowance shall be payable for
all sick days from work which are authorized by a sickness
certificate.
If a person becomes sick during an unpaid vacation,
allowance shall be payable beginning with the day the person is
to resume working.
Article 10. The Amount of Sickness Allowance
Sickness allowance shall be payable in the amount of 80
percent of the sick person's compensatory wage.
If sickness lasts for more than 30 calendar days, allowance
in the full amount of the compensatory wage shall be payable from
the 31st day of sickness.
A person who is injured in the workplace or who contracts an
occupational disease shall be eligible for sickness allowance in
the amount of his or her full compensatory wage.
Sickness allowances payable under items 1-4 of Article 6 may
not be lower than the minimum wage established by the laws of the
Republic of Lithuania, and calculated pro rata to the period of
insured person'sservice or the work done.
Article 11. Calculation of Compensatory Wage
Wages which are compensated by sickness allowances shall
comprise the sum of all average earnings in all places of
employment wherein the person is insured, not exceeding 5 minimum
wages as established by the laws of the Republic of Lithuania.
The payment subject to compensation shall be calculated in
compliance with State Social Insurance Benefit Regulations.
In the event of injury in the workplace or the contraction
of an occupational disease, all average wage in the place of
employment wherein the incident occurred shall be compensated
for, regardless of earnings in other places of employment.
Article 12. Conditions Under Which Allowances Shall not be
Payable
Sickness allownaces shall not be payable to:
2) persons who damage their own health or the health of
their dependents, or who feign sickness, in order to avoid work
or other employment;
3) persons whose sickness is the result of alcoholism, drug
addiction, or the use of toxic substances.
In cases where a person voluntarily undergoes inpatient
treatment for alcoholism, drug addiction, or toxicomania,
sickness allowances shall be payable for no longer than 14
calendar days of a calendar year.
Persons who violate the treatment or nursing regime
administered by a physician, or who, without a valid reason, fail
to report to a physician or to a lawfully established examination
of working-capacity, shall either not be paid their allowances,
or shall have their allowances terminated, according to the
procedure established by the State Social Insurance Benefit
Regulations.
Article 13. Sickness Allowances for Nursing Family Members
Allowances for nursing sick family members shall be payable
only upon certification from a physician that the person must be
nursed.
Allowances shall be paid for nursing family members for no
longer than 7 calendar days.
Allowances shall be paid for nursing sick children under 14
years of age for no longer than 14 calendar days.
Allowances shall be paid for nursing inpatient sick children
under 5 years of age for the entire period of nursing.
Article 14. Sickness Allowances During Epidemic
If a quarantine is being enforced in the nidus of a
particularly dangerous infection, allowances shall be payable to
employees who are removed from work.
Insured persons who are temporarily removed from work by a
State hygienist because they are carrying an infection, and who
cannot be transferred to another place of employment, shall be
paid sickness allowances during the entire period of removal from
work; these payments shall be calculated only on the basis of the
compensatory wages which they received in the place of employment
from which they were removed.
When State hygienists enforce regimes in order to confine the
spread of an infection in childrens' institutions, and a need for
child care arises as a result, allowances shall be payable in the
same manner as for nursing family members, pursuant to part 2 of
Article 13.
Article 15. Allowances Payable to Inpatients of Prosthetic-
Orthopedic Hospitals
When an insured person undergoes treatment in a prosthetic-
orthopedic hospital, allowances shall be payable for the entire
period of hospitalization, as well as for travel to and from
hospital.
Article 16. Allowances Payable upon Job Transferral
Insured persons who are temporarily unable to perform their
work as the result of occupational diseases, tuberculosis, or
because they are carriers of an infectious disease (item 5 of
Article 6), but who can perform other work without violating the
prescribed treatment and thus, pursuant to medical findings, may
be transferred to another job, shall be paid allowances for the
entire period of employment in the temporary place of work, but
for no longer than two months, and in such an amount that the sum
of the benefit and the wage at the temporary place of work does
not exceed the average wage at the original place of work.
CHAPTER 2
2. Maternity Allowance
Article 17. Maternity Allowance
Maternity allowance shall be payable to women insured
pursuant to items 1-6 of this Article from the State Social
Insurance resources.
Maternity allowance shall also be payable to women on child-
care leave.
Women who go through child-birth after 28 weeks or more of
pregnancy shall receive allowances for 70 calendar days preceding
delivery and 56 calendar days after delivery. In cases of
complicated deliveries or if more than one child is born,
allowance shall be payable for 70 calendar days after delivery. W
omen who go through child-birth after 22 weeks of pregnancy shall
be paid allowance for 28 calendar days after delivery (if the
child is living, allowance shall be payable for 56 days after
delivery).
Maternity allowance shall be paid in the amount of the
recipient's full compensatory wage.
Women who are dismissed from work as the result of the
liquidation of an enterprise, office, or organization during
pregnancy or maternity leave shall be paid maternity allowances
in the manner established in parts 2 and 3 of this Article,
provided that discharge gratuities or wages are not being paid at
that time.
3. Child Care Benefits
Article 18. Child Care Benefits
Child care benefits from State Social Insurance resources
shall be payable :
1) if at least one of the parents is insured by State Social
Insurance pursuant to items 1-6 of Article 4 of this law;
2) if a mother is insured pursuant to items 1-6 of Article 4
of this law, and is dismissed from work as the result of the
liquidation of her place of employment while she is pregnant or
while she is on child-care leave for a child under 3 years of
age.
Article 19. The Length and Amount of Child Care Benefit
Payments
Child care benefits for children under 18 months of age
shall be paid for each child in the amount of the minimum
standard of living.
Child care benefits for children between the 18 months and 3
years of age shall be paid for each child in the amount of half of
the minimum standard of living. Child care benefits shall also be
payable if the recipient is employed.
Article 20. The Right to Funeral Grant
Funeral grant shall be payable upon the death of the insured
person (Article 4) or his or her dependent.
Upon the death of the insured person, funeral grant shall be
payable to his or her family members or to the persons who
defraid funeral expenses.
Upon the death of an insured person's family member,
benefits shall be payable to the insured person.
Funeral grant shall not be payable if funeral expenses are
defraid by the State or local authorities.
Article 21. The Amount of Funeral Grants
Funeral grant shall be payable in the amount of 3 times the
minimum standard of living.
Article 22. The Payment of Benefits Upon the Death of the
Eligible Recipient
Sickness allowance and maternity allowance which are not
received by the day of death of the recipient shall be payable to
the recipient's family members as well as to sick persons who are
dependents of the recipient.
Child care benefits for children under 3 years of age which
are not received by reason of death of the eligible recipient
shall be payable to the living parent or to the guardian of the
child.
Such benefits shall not be ascribed to property subject to
inheritance.
CHAPTER 3
Payments to defray medical treatment
and prevention expences
Article 23. Reimbursement of Medical Treatment and
Prevention Expenses
Children under 1 year of age of insured persons specified in
Article 4 of this law, as well as insured persons who lose their
jobs with the right to discharge gratuity or unemployment
benefits, shall be reimbursed for the cost of all necessary
medicine and medical treatment (according to an approved list)
used during out-patient treatment from State Social Insurance
resources.
80 percent of the cost of all necessary medicine and medical
treatment (according to an approved list) used during out-patient
treatment shall be reimbursed from State Social Insurance
resources to:
1) children between the ages of 1 and 7 of persons specified
in Article 4 of this law, as well as to children of said age of
insured persons who lose their jobs with the right to discharge
gratuity or unemployment benefits;
2) not working pensioners who receive State Social Insurance
pensions and who are 65 years of age or older;
3) Group I and II invalids who are eligible for State Social
Insurance pension.
In case of an illness enumerated in the official list of
diseases approved by the Ministries of Health Care and Social
Security, the insured persons specified in Article 4 of this law
as well as disabled and dependent members of their families shall
be reimbursed for the cost of all necessary medicine and medical
treatment from State Social Insurance resources.
The list of necessary medicine and medical treatment shall
be approved by the Ministry of Health Care and the Ministry of
Social Security.
Article 24. Sanatorium Vouchers
Expenses for sanatorium vouchers shall be reimbursed
according to standard daily prices for sanatorium treatment.
These prices shall be approved in the manner established by the
Government of the Republic of Lithuania.
Sick children under the age of 7 and invalid children under
the age of 16 of insured persons who are specified in Article 4
of this law shall be reimbursed from State Social Insurance
resources for the total standard cost of the entire period of
treatment in a sanatorium, provided that they go to a sanatorium
with a separate voucher. If they go to a sanatorium with a joint
voucher (for the child and the insured person), 90 percent of the
total cost shall be reimbursed.
After being sent for final treatment for a disease
enumerated in the official list of diseases of the Ministries of
Health Care and Social Security, the following persons shall be
fully compensated for the standard price of sanatorium treatment
from State Social Insurance resources:
2) persons who were insured under items 1-6 of Article 4 of
this law and who have lost their job, if they are medical
treatment was administered while receiving discharge gratuity or
sickness allowance granted during the period of employment;
4) dependents of persons specified in items 1-3 of this
Article.
In other cases, persons specified in items 1-6 of Article 4
shall be eligible for reimbursement of 50 percent of the standard
daily cost of sanatorium treatment from the resources of State
Social Insurance , whereas persons receiving State Social
Insurance pensions shall be eligible for reimbursement of 80
percent of the standard cost.
Article 25. Reimbursement for Unpaid Vacations of Blood-
Donors
Blood-donors who give blood gratuitously shall be
compensated in the amount of the average wage of 3 days from the
resources of the State Social Insurance. Blood-donors who are
paid to give blood shall be compensated for an average 2-day
wage.
Article 26. Reimbursement for Transportation Expenses
Insured persons specified in items 1-6 of Article 4 who are
entitled to acquiring a special car by the appropriate invalidity
examination commissions, shall be compensated for transportation
expenses in the amount of 75 percent of the minimum monthly
standard of living, regardless of whether they have acquired such
a car or not.
Article 27. Conditions Under Which Medical Treatment and
Prevention Shall not be Reimbursed
Insured persons shall lose the right to compensation from
the resources of the State Social Insurance, specified in
Articles 23-26 in cases defined in Article 12.
CHAPTER 4
State Social Insurance Finances
Article 28. The State Social Insurance Budget
State Social Insurance finances of the Republic of Lithuania
shall chiefly be based on the independent State Social Insurance
budget of the Republic of Lithuania, which is included in neither
the State Budget nor local government budgets.
The budget of State Social Insurance of the Republic of
Lithuania and its annual statement shall be approved by the
Government of the Republic of Lithuania.
The State Social Insurance budget of the Republic of
Lithuania shall be drafted for a calendar year. The budget as
well as its annual statement shall be made public according to
the procedure established by the Government of the Republic of
Lithuania.
The State Social Insurance budget of the Republic of
Lithuania shall be drafted and submitted to the Government for
approval by the State Social Insurance Council.
Regulations for the drafting and execution of the State
Social Insurance budget shall be approved by the Government of
the Republic of Lithuania.
Article 29. The Relationship Between the State Social
Insurance Budget and the State Budget of the
Republic of Lithuania
Appropriations from the State Budget shall be allocated for
State Social Insurance if, as a result of laws adopted by the
Supreme Council of the Republic of Lithuania, or for other
unforeseen reasons, the State Social Insurance expenditures
either increase or its revenue decreases, while social insurance
contribution rates rates remain unchanged.
Article 30. The State Social Insurance Budget Revenue
The revenue of the State Social Insurance budget shall
consist of:
3) appropriations from the State Budget, allocated pursuant
to Article 29 of this law.
Article 31. State Social Insurance Budget Outlays
State Social Insurance budget outlays shall consist of:
5) expenditures for the maintenance of State Social
Insurance institutions.
Article 32. The State Social Insurance Reserve Fund
The State Social Insurance reserve fund shall be formed
within the State Social Insurance budget, and shall consist of an
amount established while approving the State Social Insurance
budget. Its resources, upon the decision of the State Social
Insurance Board, shall be used to defray unforeseen expenditures,
excepting administrative expenditures.
Article 33. Working Cash Assets
Working cash assets shall be created within the State Social
Insurance budget. It shall comprise the budget surplus, and if
that is insufficient, the planned revenue as well. The amount of
working cash assets shall be established while approving the
State Social Insurance budget.
Working cash assets shall be used to defray temporary cash
income deficiencies and must be restored by the end of the budget
year.
Article 34. State Social Insurance Contributions
Persons specified in items 1-6 of Article 4 shall pay a part
of their State Social Insurance contribution from their personal
income, while the remainder of the contribution shall be met by
the resources of the enterprise, office, or organization wherein
the person is employed. Contributions shall be based on the wage,
salary or other income of the person, and shall be calculated
according to the Regulations for the drafting and execution of
the State Social Insurance budget.
Persons specified in items 7 and 8 of Article 4 shall pay
State Social Insurance contributions based on the sum of State
Social Insurance which they have declared. This sum may not be
less than the minimum wage established by the laws of the
Republic of Lithuania.
Persons specified in items 7 and 8 of Article 4 shall not be
obliged to pay State Social Insurance contributions if their
income subject to taxation under the laws of the Republic of
Lithuania ( calculated before deducting State Social Insurance
contributions) is less than the minimum wage established by the
laws of the Republic of Lithuania, or if their income is tax
exempt according to the lawfully established procedure.
Periods during which a person does not pay State Social
Insurance contributions shall not be included in State Social
Insurance periods.
Article 35. State Social Insurance Contribution Rates
The rates of the compulsory State Social Insurance
contributions shall be established by the Government of the
Republic of Lithuania.
The rates of State Social Insurance contributions which are
paid by persons specified in Article 4 of this law from their
personal income shall be established by the Supreme Council of
the Republic of Lithuania.
Article 36. Procedure for the Payment of State Social
Insurance Contributions
State Social Insurance contributions shall be calculated and
paid to the State Social Insurance budget by the payer (the
insurer).
Insurers -- enterprises, institutions, and organisations
wherein insured persons specified in items 1-6 of Article 4 are
employed, shall calculate, deduct, and pay contributions to the
State Social Insurance budget from the income of said insured
persons.
The procedures and deadlines for the payment of
contributions shall be provided for in the Regulations for the
drafting and execution of the State Social Insurance budget.
Article 37. Resposibility to State Social Insurance
Legal or natural persons through whose fault State Social
Insurance institutions must make certain insurance payments, or
whose actions harm State Social Insurance property, must
compensate for this damage in the manner established by law.
Article 38. Liability for the Fair Payment of Contributions
Persons who fail to pay contributions to the State Social
Insurance budget by the due date shall be liable for 0.5 percent
daily interest until the contributions are paid.
If the contributions of the insurer and persons insured by
them are not transferred into the State Social Insurance budget
on time, State Social Insurance institutions shall recover the
premiums from legal persons without suing for claims, and from
natural persons, in court.
If contributions are reduced unlawfully, the total sum by
which the contribution s were reduced and the penalty equal to
this sum doubled shall be recovered into the State Social
Insurance budget. The unpaid sum and the penalty shall be sought
from legal persons without suing for claims, and from natural
persons in court, but only for a period not exceeding the
preceding 2 years.
CHAPTER 5
Administration of state social insurance
Article 39. The Administrative System of State Social
Insurance
The administrative system of State Social Insurance in the
Republic of Lithuania shall consist of:
3) the insurers.
Article 40. The State Social Insurance Council
The State Social Insurance Council shall be established
under the Ministry of Social Security.
The Council shall comprise the Minister of Social Security,
one representative of the Ministry of Health Care, one
representative of the Ministry of Finance, two representatives of
institutions authorised to implement State Social Insurance, and
no more than three representatives of associations supporting the
interests of the insured and the insurers.
The members of the Council shall be appointed by the
Government, on the recommendation of the Minister of Social
Security.
The State Social Insurance Council shall:
5) resolve other issues prescribed by the Regulations of
social insurance institutions.
Article 41. Institutions Authorised to Implement State
Social Insurance
The Ministry of Social Security shall authorise:
1) the State Social Insurance Board to organise and conduct
State Social Insurance throughout the Republic of Lithuania;
2) other institutions to implement State Social Insurance.
Article 42. The State Social Insurance Board
The State Social Insurance Board shall be a nonprofit State
institution which shall:
3) conclude agreements with other institutions which are
authorised to implement State Social Insurance;
5) carry out other activities provided for in the
Regulations of social insurance institutions.
The Board shall be directed by the State Social Insurance
Council.
The director of the Board shall be appointed by the State
Social Insurance Council.
The Board shall function according to the Regulations of the
State Social Insurance institutions.
Article 43. Local Institutions of the State Social Insurance
Board
Local departments of the State Social Insurance Board shall
be established in rural areas and towns, which shall be directly
responsible for:
3) executing other functions provided by the Regulations of
State Social Insurance institutions.
The State Social Insurance Board and the local departments
thereof are legal persons and shall have the seal with the State
emblem of the Republic of Lithuania.
Article 44. The Duties of the Insurers
Insurers who have to pay State Social Insurance
contributions on behalf of insured persons specified in items 1-6
of Article 4 of this law, as well as persons enumerated in items
7 and 8 of Article 4, must register themselves with the local
departments of the State Social Insurance Board.
The insurers shall be responsible for the timely and
accurate calcualtion and payment of contributions into the State
Social Insurance budget.
The insurers shall pay the State Social Insurance benefits to
the insured according to the procedures provided by the State
Social Insurance Benefit Regulations.
Article 45. The Right of State Social Insurance Institutions
to Exert Control
State Social Insurance institutions authorised to implement
State Social Insurance shall have the right to check the
documents on which the contributions and payments administered by
them are based.
While exercising State Social Insurance control, officers of
State Social Insurance institutions shall have the rights provided
for in Article 4 of the Law of the Republic of Lithuania on the
State Tax Inspectorate.
Claims of the insurers and of the insured concerning the
actions of officers of State Social Insurance institutions who
are exerting control shall be resolved by head (or deputy head)
of the appropriate institution, while claims concerning the
actions of the latter officers shall be resolved by the State
Social Insurance Board. Applicant who disagree with the decision
of the Board shall have the right to appeal to court within 10
days.
Article 46. The Settlement of Disputes Arising from Legal
Relations of State Social Insurance
Disputes between insurers and State Social Insurance
institutions shall be settled by the State Social Insurance
Board, the State Arbitration, or the court.
Disputes between the insured and the insurers or State
Social Insurance institutions concerning pensions, benefits, or
other means of insurance protection shall be settled pursuant to
the law on pensions as well as other laws, and in accordance with
the procedures provided for in the State Social Insurance Benefit
Regulations.
Vytautas Landsbergis
President
Supreme Council
Republic of Lithuania
Vilnius
21 May 1991
No. I-1336