payment of service pensions has been established in the contested norms due to the
same consideration that apply also to old age pensions. The amounts of pensions to be
disbursed provided in the Contested norms is, in fact, based on a similar understanding
of the legislature of its rights to introduce certain amendments in the regulatory
framework for social rights.
Consequently, in the frameworks of the case under consideration it is
equally possible to assess compliance of the procedures for disbursement of
service pensions established in the first part of Section 2 of the Disbursement Law
with Article 109 of the Satversme.
22. The Constitutional Court in its judgments has adjudicated the constitutional
compliance of specific matters concerning pension disbursements (see, e.g., the
Constitutional Court Judgments in the Cases No. 2003-14-01 passed on 4 December
2003 and No. 2006-13-0103 passed on 4 January 2007). In the above judgments the
Court has not analysed service pensions in the light of Article 109 of the Constitution.
The service pension disbursement amount established in the impugned legal provisions
is closely related to the social insurance special budget expenditures. The purposes of
old-age and specific service pensions are similar – to compensate the loss of capacity
for work. That is, service pensions are intended – when specific conditions set in – for
providing the means of subsistence for persons whose work entails the loss of
professional skills that may occur already before reaching the old-age pension age.
Service pension is an additional social guarantee for persons who have carried out
specific functions in the interests of the State in special conditions (cf. Paragraph 7 of
the Constitutional Court Judgment in the Case No. 2003-14-01 passed on 4 December
2003).
One can conclude from the replies of the Saeima that service pensions disbursed in
compliance with the Law on State Pensions are calculated using the same method as
for old-age pensions, which have disbursement restrictions. Thus, an identical decrease
is established for these service pensions, so that the relevant category of persons would
not have a privileged status (see Case materials, vol. 8, p. 87 and p. 97). The
substantiation provided by the Saeima for the service pension disbursement amount
32
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