Annotation stated: since it is planned to disburse the parenting benefit in full amount
and without any restrictions also to employed persons who at the same time receive
income from work, the parenting insurance does not conform to the real meaning of
social insurance. Furthermore, since the implementation of this benefit was supposed
to be provided from the existing social insurance contributions, it would negatively
affect the social insurance special budget in a long-term perspective. Implementing the
parenting benefit and disbursing it from this budget in keeping with the current social
insurance contribution rate, the reserve accrued in this budget would be spent 10 years
earlier than planned (see Annotation to the draft law Amendments to the Law on State
Social
Insurance,
reg. No. 470/Lp9,
http://www.saeima.lv/saeima9/lasa?dd=LP0470_0, accessed on 2 December 2009).
The draft law annotation stated that the overall social insurance contribution rate
would be maintained in the amount of 33.09 %, and the service (parenting benefit)
corresponding to parental insurance would be financed from the disability, maternity
and sickness special budget funds, changing proportionally the distribution of
expenditures of these special budgets (see Annotation to the draft law,
reg. No. 470/Lp9).
It is evident from the Cabinet of Ministers regulations pertaining to the distribution of
social insurance contribution rates by State social insurance types that in 2009 the
proportion of mandatory social insurance contributions intended for parental insurance
has increased for approximately 70 % compared to 2008; i.e. the proportion has
increased from 1.08 % in 2008 to 1.85 % in 2009.
The Constitutional Court maintained that, keeping the social insurance contribution
rate in the amount of 33.09 %, the legislator had no basis for introducing a new type of
social insurance. As a result of this, the balance of the social insurance budget was
unsettled and its sustainability – put in danger. The newly introduced type of social
insurance – parental benefit – is paid from the social insurance budget without
respective additional contributions therein.
It is also evident from the draft materials of the Law on State Social Insurance that the
initially established social insurance contribution rate was planned for financing only
five types of State social insurance – State pension insurance, social insurance in case
of unemployment, social insurance against accidents at work and occupational
61
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