employment special budget to the pension special budget; second, early termination of
the agreements concluded with the State Treasury concerning the investment of the
social insurance special budget in term deposit (see item “Money for pension
disbursement will have to be taken from deposit”, National News Agency LETA, 11
December 2009).
On this account, one can conclude that, presently, in order to eliminate the deficit in
the social insurance pension special budget, a certain period of time is required either
for revision of the agreement concluded with the State Treasury concerning the
investment of the social insurance special budget in term deposit, or for proper
revision of the division of State social insurance contribution rates by State social
insurance types, or for finding some other solution.
In view of the aforesaid and the circumstance that, in addition to current expenditures,
more than ten million lats per month will still be needed for the restoration of full
pension disbursement amounts, as well as the fact that pensions are calculated and
disbursed for calendar months, the Constitutional Court maintained that the deductions
from pensions made on the basis of the impugned legal provisions are terminable not
later than from 1 March 2010.
35.3. Deciding about the timeframe for reimbursement of the part of pensions withheld
from persons within the period from 1 July 2009 to 1 March 2010, one should take
into account that the restriction for the disbursement of particular pensions prescribed
by the Disbursement Law was planned for three and a half years – from 1 July 2009 to
31 December 2012.
Moreover, the legislator has allowed for a possibility that the said restrictions may be
revoked already before 31 December 2012. It has already been pointed out by this
Judgment that the Disbursement Law had been adopted rather hastily, without
considering either the proportionality of the reduction of pensions, or other aspects
relating to the consequences of the impugned provisions.
In accordance with the Constitution, the Saeima has not only rights but also duties to
draft and adopt laws that settle important matters of State and public life. Similarly, the
Constitution authorises the Saeima to decide on matters that affect the State budget.
Establishment of the procedure for reimbursement of the pension deductions made in
accordance with the impugned provisions can be deemed as both a sufficiently
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