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Content updated: 24-05-2016 11:50

The legal regulation that female political prisoners—mothers of many children—or such female deportees, who are entitled to receive several state pensions, must choose only one such pension ruled not in conflict with the Constitution



By its ruling adopted today, the Constitutional Court recognised that the provision “A person entitled to receive several state pensions shall be paid at his/her choice only one of those pensions” of Paragraph 1 of Article 3 of the Law on State Pensions is not in conflict with the Constitution, insofar as, according to the said provision, female political prisoners or female deportees entitled to the state pension of victims, who have given birth to (or have adopted) five or more children, have raised them until they reached eight years of age and have provided them with a good upbringing, and thus have become entitled to receive the state pension of the second degree must choose only one of the said pensions.

In its ruling, the Constitutional Court has noted that state pensions may be granted in recognition of certain service or achievement, or in recognition of merit to the State of Lithuania, or as compensation for victims. It was also noted that the discretion of the legislature as to the granting of state pensions is much broader than in regulating other pensions; the conditions of granting state pensions may be very much varied and depend, among other things, on the particularities of the respective service or the economic capabilities of the state. While implementing its right derived from the Constitution to establish, at its own discretion, the conditions of granting and paying state pensions, the legislature may stipulate that persons who meet the conditions established in the law for receiving several state pensions must be paid only one such pension; in addition, while taking into consideration the economic capabilities of the state and other important circumstances, and paying heed to the constitutional imperative of social harmony, the principles of justice, reasonableness and proportionality, as well as other norms and principles of the Constitution, the legislature may establish by law individual and constitutionally reasoned situations where persons may be paid more than one state pension.