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Act No. 1902, of 11 October 1990, to regulate pensions and related
matters.
(Ephemeris
tis Kubernesseos, 17 October 1990, Part I, No. 138, pp. 11671184).
Certain provisions of this Act have been omitted from the English version reproduced below. Omissions are indicated by square brackets in the text.
Sec. 1. Pension entitlement of female public servants, children and sisters. (1) Female public servants, civil or military, who have at least three children, shall acquire the right to a pension and be entitled thereto on completing 20 full years of active pensionable service, irrespective of the time of their entry into the service or their age. The provisions of this section apply also to female public servants who are in service when the present law comes into force.
Furthermore, the above provisions shall apply also to widowers with at least three dependent children and to divorced public servants entrusted with the custody of at least three children under a court order.
(2) At the end of section 5 of the Civil and Military Pensions Code, there shall be added a subsection (4) with the following wording:
"(4) Female children and unmarried sisters without means of subsistence, who derive their right to a pension respectively from their parents or from their siblings who were admitted to the public service on or after 1 January 1983 shall enjoy the said right to a pension subject to the same conditions as those applicable to male children."
(3) At the end of section 31 of the Civil and Military Pensions Code, there shall be added a subsection (5) with the following wording:
"(5) Female children and unmarried sisters without means of subsistence, who derive their right to a pension respectively from their parents or from their siblings who entered the armed services on or after 1 January 1983, shall enjoy the said right to a pension subject to the same terms and conditions as those applicable to male children."
(4) At the end of section 6 of the Civil and Military Pensions Code, there shall be added a subsection (6) with the following wording:
"(6) Unmarried sisters without means of subsistence, who derive their right to a pension from siblings who were admitted to the public service on or after 1 January 1983, shall no longer be entitled to a pension on reaching the age of majority unless they are still studying or are unfit for work, in which case the provisions of the preceding section concerning female children shall apply."
(5) At the end of section 32 of the Civil and Military Pensions Code, there shall be added a subsection (7) with the following wording:
"(7) Unmarried sisters without means of subsistence, who derive their right to a pension from siblings who entered the armed services on or after 1 January 1983, shall no longer be entitled to a pension on reaching the age of majority, unless they are still studying or are unfit for work, in which case the provisions of the preceding section respecting to female children shall apply."
(6) [Amendment of section 35 of the Veterans' Pensions Code, respecting the pension rights of female children and unmarried sisters of victims of war or similar events.]
(7) At the end of section 1 and after the fourth paragraph of section 18, subsection (2) of the Civil and Military Pensions Code, there shall be inserted a paragraph worded as follows:
"Where the child of a person admitted to the public service on or after 1 January 1983 marries or dies or is declared missing or yet reaches the age of majority, his pension entitlement shall cease and the pension of the other beneficiaries shall be reduced correspondingly, in accordance with the provisions in the first paragraph of this subsection."
(8) At the end of subsection (1) and after the fourth paragraph of subsection (2) of section 46 of the Civil and Military Pensions Code, there shall be inserted a paragraph worded as follows:
"Where the child of a person who entered the armed services on
or after 1 January 1983 marries or dies or is declared missing or yet reaches
the age of majority, his pension entitlement shall cease and the pension
of the other beneficiaries shall be reduced correspondingly, in accordance
with the provisions in the first paragraph of this subsection."
(9) The third paragraph of section 19, subsection (2) of the Civil and Military Pensions Code is replaced by the following:
"Where the sister of a person admitted to the public service on or after 1 January 1983 derives a pension entitlement from such person, the amount of her pension shall, in the event of her marriage, death or majority, be distributed so as to supplement the pensions of her mother and sisters."
(10) The third paragraph of section 47, subsection (2) of the Civil and Military Pensions Code is replaced by the following:
"Where the sister of a person who joined the armed forces on or
after 1 January 1983 derives a pension entitlement from such person
the amount of her pension shall, in the event of her marriage, death or
majority, be distributed so as to supplement the pensions of her mother
and sisters."
Sec. 2. Pensionable age and service requirements. (1) In respect of civil servants and public servants in all special categories except military personnel who entered the service by 1 January 1983, pensionable age shall be determined as follows:
(2) The requirements in the provisions of subsection (1) above do not apply:
(3) For the purpose of determining pensionable age, account shall be taken of the applicant's date of birth. Where the said date cannot be established, the date to be taken into account shall be 31 December of the year of his birth.
Sec. 3. Pensionable age and service requirements. (1) In respect of civil servants and public servants in special categories, who entered the service after 1 January 1983 or subsequent to the entry into force of this Act, pensionable age shall be as defined in subsection (1), paragraph (b), of the foregoing section.
(2) The provisions of the second paragraph of section 1, subsection (1)(a), and those of the second paragraph of section 26, subsection (1)(a) of the Civil and Military Pensions Code (P.D. 1041/1979) shall not apply to persons falling within the scope of this section.
(3) The provisions of subsection (1), paragraphs (c) and (d) of the foregoing section shall apply, mutatis mutandis, to civil and public servants covered by subsection (1) of this section.
(4) Subsection (2) of the foregoing section shall apply, mutatis mutandis, to persons falling within the scope of this section.
Sec. 4. Remuneration for three months. Pensionable remuneration. (1) The first paragraph of section 57, subsection (1) of the Civil and Military Pensions Code is replaced by the following:
"A regular or permanent civil servant or a regular member of the armed forces who is separated from the service for any reason whatever shall receive full pay for three months thereafter, regardless of whether he has reached pensionable age."
(2) At the end of section 9, subsection (2), of the Civil and Military Pensions Code there shall be added a paragraph worded as follows:
"Exceptionally, salaryscales and increments granted to public servants as incentives to remain in the service shall not be taken into account in calculating pensionable remuneration or in increasing pensions in respect of persons who had left the service by the time when the grant was made or who did not qualify for such grant while they were in service."
(3) The wage scale in section 17 of Act No. 1810/1988 (Ephemeris tis Kubernesseos, Part I, No. 223) does not apply to persons who entered the public service on or after 1 January 1983.
(4) Section 57, subsection (3) of the Civil and Military Pensions Code is replaced by the following:
"(3) In the event of the death of a regular or permanent civil
servant or of a regular member of the armed forces, a payment equivalent
to three months' pay shall be made to the widow and children of the deceased,
provided that they fulfil the requirements set out in sections 5 and 31
of this Code."
Sec. 5. Calculation of benefits. (1) At the end of section 15 of the Civil and Military Pensions Code there shall be added a subsection (10) worded as follows:
"(10) The pension of civil servants and employees who entered the service after 1 January 1983 or were recruited subsequently shall be calculated as follows:
(2) [Provisions for the addition to section 42 of the Civil and Military Pensions Code of a subsection (7) concerning the calculation of the pensions of persons enrolled in the army after 1 January 1983. The basis for calculation is largely similar to that used in respect of civil servants.]
(3) The pension of persons who remain in the service after completing 35 years of pensionable service shall, irrespective of the date of their entry into the service, be increased by one fiftieth (1/50) of their monthly pensionable remuneration for each year of service in excess of 35, up to the fortieth year.
(4) Blind public servants who are subject to the provisions of section 19 of Act No. 1694/1987 (Ephemeris tis Kubernesseos, Part I, No. 35) and who retire after 20 years of service are entitled to a pension equal to fifty fiftieths (50/50) of their pensionable pay. However, the annual entitlement of such persons shall be calculated on the basis of actual length of service.
(5) The provisions of this section do not apply to doctors in the National Health Service.
Sec. 6. [Amendments to Chapter IV of the Civil and Military Pensions
Code concerning the amount of deductions from the pay of civil servants
and members of the armed forces for pension purposes. These provisions
also apply to persons employed by public bodies who are entitled to a state
pension.]
Sec. 7. [Provisions concerning the pensionable remuneration of directorsgeneral
of ministries, selfgoverning local authorities and public bodies.]
Sec. 8. Termination of service on reaching the statutory age limit or on completing 35 years of service. Age limit for entry into the public service. (1) Subsection (1) of section 263 of the Civil Service Code (P.D. 611/1977 Ephemeris tis Kubernesseos, No. 198) is replaced by the following:
"(1) Permanent civil servants shall be discharged automatically from the service on reaching their 65th year of age. They may remain in the service until the age of 67 if they have not completed 35 years of actual pensionable service."
(2) The first paragraph of subsection (1) of section 264 of the Civil Service Code is brought back into force in the following terms:
"(1) Permanent civil servants shall be discharged automatically from the service on completing 35 years of actual pensionable service; however, their services shall not be terminated before they reach their 60th year of age."
(3) The timelimit of three months provided for in section 40, subsection A.5 of Act No. 1884/1990 (Ephemeris tis Kubernesseos, Part I, 16 June 1990) is extended to 31 December 1990.
(4) Public servants may, within one month of the entry into force of this Act, withdraw such applications for resignation as they have submitted which are still pending.
(5) The age limit for entry into the service of the State and of public bodies and selfgoverning local authorities shall be 35 years. The said age limit shall be extended to 37 years in respect of graduates from establishments of higher education or advanced technical training. More favourable provisions currently in force are not affected in this respect.
Sec. 9. [Provisions concerning the pension entitlements of certain categories
of civil and public servants, including those who resume their service
following an interruption, those serving abroad, members of Parliament,
the chairmen of local councils, etc.]
Sec. 10. Pension scheme for persons contributing to a special insurance fund. (1) The provisions of this section apply to persons insured, for their principal or subsidiary pension, with special pensions funds for bank employees, for the personnel of the Greek Telecommunications Agency, the personnel of the rail transport authority and the personnel of the State Electricity Board. For the purposes of this Act, subsidiary insurance funds shall be understood to include insurance funds, branches or special accounts having legal personality under private law, and any other insurer, irrespective of its denomination and legal status, which provide periodic benefits in the form of pensions, allowances or dividends, provided that the income of such legal persons or bodies from employers' contributions, contributions of a social nature and other subsidies shall exceed their income from the contributions of persons insured.
(2) The pensionable age requirements specified in sections 2 and 3 of this Act shall apply also to persons insured with the funds and other bodies covered by subsection (1) above.
(3) The length of service required for entitlement to a principal or subsidiary oldage pension shall be as specified in the statutes of each insurance fund; however, such entitlement shall be subject to completion of 25 years of pensionable service.
(4) Other matters shall be governed, mutatis mutandis, by the provisions of subsection (1), paragraphs (c), (d) and (e) and of subsection (2) of section 2 and by those of section 3, subsections (3) and (4) of this Act.
(5) The calculation and payment of a pension shall be governed by the relevant provisions of the statutes of each insurance fund.
(6) By way of exception, persons covered by a principal or subsidiary pension insurance scheme shall, as from 1 January 1983, be subject to the following provisions instead of those of the foregoing subsection:
"A monthly pension shall be calculated on the basis of a number of fiftieths of pensionable monthly pay in accordance with the statutes of the insurance fund concerned, multiplied by the number of years of pensionable service, as follows:
(7) Subsections (2) to (6) above do not apply to persons engaged in
arduous or unhealthy work who are already or due to start contributing
to an insurance fund or institution covered by this section; such persons
shall continue to be subject to the relevant provisions of the statutes
of the insurance bodies concerned which were applicable before the entry
into force of this Act.
(8) As from the entry into force of this Act, the payment of a pension to the female children or sisters of persons insured with, or in receipt of a pension from, the insurance bodies specified in subsection (1) above, and any increase in the amount of a pension granted to the said female dependents shall be subject to the same requirements as those applicable to the male children and brothers of the said persons. The provisions of this subsection apply also to pensions and increases granted by other insurance agencies acting for the Ministry of Health, Welfare and Social Security.
Pensions and pension increases granted prior to the entry into force of this Act are not affected by the provisions of this subsection.
(9) Women insured or due to be insured with the special insurance funds specified in subsection (1) shall, irrespective of their age and the date of their entry into service, acquire a right to a pension on completion of 20 years of pensionable service under the statutes of such funds, provided that they have at least three minor children. The second paragraph of subsection (1) of section 1 of this Act shall also apply to them.
(10) Any provision of the statutes of an insurance fund covered by subsection (1) which provides for the acquisition of a right to an oldage pension after 15 years of pensionable service for women who initially became subject to compulsory insurance after 1 January 1983 shall be cancelled.
(11) The provisions of section 5 of Act No. 435/1976 apply also to persons covered by paragraph (e) of subsection (1) of section 2 of this Act.
(12) Section 5, subsection (3) shall apply, mutatis mutandis, to persons insured with the funds specified in subsection (1).
Sec. 11. [Provisions respecting the rate of contributions payable as
from 1 January 1996 by contributors to the insurance funds covered by section 10;
the said rate cannot exceed 7.5 per cent.]
Sec. 12. [Provisions allowing insurance institutions to form capital individually or jointly.]
Sec. 13. [Provisions respecting investment options for the reserve funds
of insurance institutions.]
Sec. 14. [Provisions respecting requirements and procedures for the grant of oldage and disability pensions to persons covered consecutively by several insurance schemes.]
Sec. 15. [Provisions respecting the calculation of pension benefits in the event of consecutive insurance coverage.]
Sec. 16. Maximum rate of pension. (1) The gross amount of a pension or pensions granted to a direct or indirect beneficiary by the State, by a body having legal personality under public law or by any other insurer may not exceed the equivalent of 50 times the assessed daily wage of the twentieth insurance class provided for in section 37 of Emergency Law No. 1846/1951,1 where the contribution of the employer exceeds that of the insured person at the time of his entitlement to a pension, where the insurer concerned is in receipt of social funding, in the event of third party liability in the formation of the insurer's capital, or where the insurer is in any way supported by the employer.
(2) For the purposes of this subsection, the expression "subsidiary insurance institutions" shall be understood to refer to the institutions specified in section 7, subsection (2) of Legislative Decree No. 4202/1961, as amended by section 12 of Act No. 1405/1983.
(3) Where pensions are paid under subsection (1) above by more than
one insurer, and where their sum total exceeds the maximum permitted rate
the surplus shall, by order of priority, be withheld: (a) from the pension
paid by the Social Insurance Institute (IKA), provided that the latter
is among the insurers referred to in the said subsection; and (b) from
the pension paid by the State, subject to the same requirement.
Where the IKA or the State are not among the insurers referred to in subsection (1) above, or where, following deductions in accordance with the preceding paragraph, the amount of the pension or pensions still exceeds the maximum permitted rate specified in subsection (1), the surplus shall be deducted, on a pro rata basis, from the pensions paid by the other insurers concerned.
(4) The procedure for supervising the application of subsections (1) to (3) of this section as well as the documentary evidence and statements required shall be prescribed by joint decision of the Ministers of Finance and of Health, Welfare and Social Security, published in the Official Gazette.
(5) Disputes which arise in connection with the application of the provisions of subsections (1) to (3) above shall be settled by joint decision of the Minister of Health, Welfare and Social Security and of any other ministers concerned.
(6) The provisions of this section shall come into force on 1 January 1991. Section 8 of Act No. 1405/1983 is repealed with effect from the same date.
Sec. 17. Adjustment of pensions of special insurance funds. As from 1 January 1991, the pensions paid by insurance institutions providing principal coverage, as specified in subsection (1) of section 10, shall be readjusted in the same proportions and on the same dates as salaries in the public service.
Sec. 18. Subsidiary insurance. [Provisions respecting payment of contributions to certain subsidiary insurance funds, and amendments to section 3 of Act No. 999/1979, concerning compulsory insurance with special insurance funds in respect of certain categories of persons insured.]
Sec. 19. Contribution of the insured to coverage of pharmaceutical costs. (1) Persons insured with the State or any other insurer, irrespective of its legal status or denomination, and pensioners and family members covered in respect of outpatient pharmaceutical treatment shall bear 25 per cent of cost of such treatment at the officially prescribed rate.
(2) Medication prescribed for chronic ailments, maternity, industrial accidents and complications associated with thalassaemia is exempt from the costsharing scheme specified in subsection (1) above.
(3) By decision of the Minister of Health, Welfare and Social Security, participation in expenses for such highcost medication as may be specified by the same decision, may be fixed at a proportion between 10 and 25 per cent of the officially prescribed cost of the medication.
Sec. 20. [Provisions respecting the merger of certain insurance funds for public servants.]
Sec. 21. [Provisions respecting the procedure for recovering contributions overdue to the Social Insurance Institute.]
Sec. 22. [Provisions respecting contributions payable by persons performing piece work.]
Sec. 23. [Provisions respecting the keeping of registers of insured persons employed in technical and construction work.]
Sec. 24. [Provisions respecting penalties imposed on employers who fail to register foreign workers with the Social Insurance Institute.]
Sec. 25. Increase of contributions. (1) The contributions payable to the Social Insurance Institute by the employer and the insured person for the branch of disability, old age and survivors, as provided for in section 25, subsection (1) of Emergency Law No. 1846/1951, respecting social insurance,1 (Ephemeris tis Kubernesseos, Part I, No. 179), as amended, are increased as follows:
(2) Persons directly insured as beneficiaries of a pension from the State or a public body and the beneficiaries of an oldage, retirement or disability pension paid by any other insurer, who perform a salaried occupation subject to compulsory insurance with the Social Insurance Institute, are liable, in addition to their contributions, to payment of 3 per cent of their pay for the unemployment branch of the Employment and Labour Organisation by way of social contribution.
Sec. 26. Classes of insurance. (1) Six new classes of insurance, respectively numbered XXIII, XXIV, XXV, XXVI, XXVII and XXVIII, are added to the 22 classes provided for in section 37, subsection (1) of Emergency Law No. 1846/1951,1 as amended.
The first three new classes of insurance shall come into force as from 1 January 1991, and the remainder, as from 1 January 1992.
The pay taken into account in the calculation of benefits and the assessed daily wage of each insurance class shall be fixed initially by decision of the governing body of the Social Insurance Institute and readjusted thereafter in accordance with the provisions of section 37, subsection (4) of Emergency Law No. 1846/1951.1 The assessed daily wage of the highest class of insurance, i.e. class XXVIII, shall not exceed four times the assessed daily wage of insurance class VI.
(2) Subsection (4) of section 37 of Emergency Law No. 1846/1951,1 as amended, is replaced by the following:
"(4) The amount of pay taken into account in the calculation of benefits and the assessed daily wages of the classes of insurance in subsection (1) shall be readjusted on 1 January each year according to the weighted average of variations in the consumer price index for the preceding year. Such readjustments shall be effected by decision of the governing body of the Social Insurance Institute and published in the Official Gazette. The amounts of pay taken into account and assessed daily wages shall be rounded off to the next higher whole ten drachmas."
(3) The second paragraph of section 25, subsection (2) of Emergency Law No. 1846/1951,1 as amended, is replaced by the following:
"Contributions payable for each day of work shall be calculated on the basis of income not exceeding the upper limit of the assessed daily wage of the highest insurance class in section 37, subsection (1) of this Act, as amended and in force at present. Contributions payable for each insurance period may, by decision of the governing body of the Social Insurance Institute, be rounded off to the closest 100 drachmas, so as to disregard amounts below 50 drachmas and to round off to the next 100 drachmas amounts of 50 drachmas or more."
Sec. 27. Oldage, invalidity and survivors' pensions. (1) Subsections (1) to (5) and subsection (6), first paragraph, subparagraph (a) of section 28 of Emergency Law No. 1846/1951,1 as amended, are replaced by the following:
"(1)(a) A person insured with the Institute shall be entitled to an oldage pension if, on submission of the application therefor, he has reached the age of 65 years or, in the case of a woman, 60 years, and has worked for at least four thousand and fifty (4,050) days. The above minimum number of days of work shall be increased progressively as from 1 January 1992 by an average of one hundred and fifty (150) days per calendar year, finally to reach four thousand five hundred (4,500) days of work.
Insured persons who reach the age of 63 years (men) or 58 years (women) by 31 December 1991, shall be subject to the provisions applicable prior to the entry into force of this Law.
Except for the cases covered by section 1, subsection (1) of Act No. 612/1977 (Ephemeris tis Kubernesseos, Part I, No. 164) and persons employed in underground work in metal ore mines or lignite mines (Act No. 997/1979, section 20), any other provisions providing for entitlement to an oldage pension for persons insured with the Institute who have fewer days of employment than specified above are repealed, the provisions of this subsection being applicable mutatis mutandis.
(b) An insured person shall, on reaching the age of 62 (for men) or 57 (for women) be entitled to an oldage pension provided that he or she has worked for ten thousand (10,000) days when the application is submitted.
(2) With the exception of disabled persons, war casualties and mothers in receipt of benefit under section 63, subsection (4) of Act No. 1892/1990, an insured person who is the beneficiary of an old age or disability pension from a principal insurance fund (except the Agricultural Workers' Insurance Scheme) or from the State, shall be entitled to a full oldage pension from the Social Insurance Institute, provided that at the time when the application is submitted the said person satisfies the appropriate age requirement prescribed by law and has worked for at least five thousand one hundred (5,100) days.
For insured persons who complete their 63rd year of age by 31 December 1991 (58th for women), the required number of days worked shall be that given in subsection (1)(a) above. If the insured person has worked for at least four thousand five hundred (4,500) days, a pension reduced by 50 per cent shall be granted. However, if after this reduction the total amount of the pension provided by the Social Insurance Institute and the other insurers is below the minimum pension entitlement provided for in sections 29 and 37, the difference shall be made up by the said Institute.
The reduction prescribed in the foregoing paragraph shall also apply in respect of a disability pension granted by the Institute in accordance with the provisions of section 28, subsection (5), paragraphs (a) to (c), unless the insured person has completed, in insurance with the Institute, three thousand days of employment, of which six hundred (600) were worked in the last five years.
(3) (a) An insured person who has completed the number of days of employment specified in subsection (1), including at least 100 days in each of the five calendar years preceding the year in which the application for a pension is submitted, shall be entitled to an oldage pension reduced by 1/200 for each month short of the age requirement laid down in the said subsection (1), provided that he has reached the age of 60 years, or that she has reached the age of 55.
(b) On reaching the age of 60 years (men) or 55 years (women), insured persons who satisfy the requirements of subsection (1) of this section shall be entitled to an oldage pension without the reduction specified in paragraph (a) above if they have been employed for a long time in particularly arduous and unhealthy work, as defined in regulations to be made on this subject. The said regulations shall also specify the prescribed length of service in such employment and make comprehensive provisions for the grant of the pension. The minimum age requirements applicable to special categories of persons employed in arduous and unhealthy work are not affected by this Act.
Insured persons who reach the age of 58 years (men) or 53 years (women) by 31 December 1991 shall be subject to the provisions applicable before the present law comes into force.
In determining an insured person's length of service in arduous and unhealthy employment for the purposes of calculating contributions and applying the provisions of paragraph (b) above, account shall also be taken of absence from work due to statutory leave entitlements or sickness, provided that such absence does not exceed in either case (leave or sickness) one month per year; during this period, neither the employment relationship nor insurance coverage are interrupted, in accordance with the statutory provisions in force.
(c) The provisions of section 51, subsection (9) of Act No. 1759/1988, concerning the reckoning, in the calculation of days of work completed by insured persons employed in technical and construction work, of days recognised under Act No. 629/1977 (Ephemeris tis Kubernesseos, Part I, No. 280), shall be applicable for the purpose of meeting the number of days required under subsection (1) of this Law.
(d) An insured mother with minor children or dependent children, whatever their age, who has reached the age of 50 years and has completed at least 5,500 days of work, is entitled to an oldage pension reduced by 1/200 of the full pension for each month lacking until she reaches the age of 55; however, the amount of the pension shall not be less than the minimum pension rate in force. This entitlement shall be established where the woman is not in receipt of a pension from the Social Insurance Institute, the State, or any other principal insurer.
This paragraph is applicable also to the other social insurance schemes operated by authority of the Ministry of Health, Welfare and Social Security, where the relevant provisions in force provide for a pension entitlement for women with minor children. If more favourable conditions are specified in other provisions of this Law, the woman insured has the right to choose the provision under which she is to be granted a pension. This right may be exercised once only, when the application for a pension is submitted.
(4) (a) An insured person is entitled to a disability pension, if he has become disabled in terms of subsection (5) of this Law and has fulfilled the number of days of work prescribed in subsection (1) of this section, or if he has become disabled and completed three hundred (300) days of work, but has not reached the age of 21 years. The above 300 days of work are increased progressively at the average rate of 120 days of work per year of age for each year above the 21st, finally to amount to four thousand two hundred (4,200) days of work.
Of the days of work prescribed above, three hundred (300) must have been performed in the five (5) years immediately preceding that in which the insured person became disabled.
(b) Where the insured person satisfies the lengthofservice requirement specified in the preceding paragraph, he shall be entitled to a pension if he has completed at least one thousand five hundred days (1,500) with insurance coverage, of which six hundred (600) must have been worked in the five (5) years immediately preceding that in which he became disabled. Where, in the course of these five years, the insured person was granted sickness or unemployment benefits or any form of pension, the said fiveyear period shall be extended for a period corresponding to that of the benefit or pension grant.
(5) (a) An insured person shall be deemed severely disabled where, on grounds of sickness or physical or mental injury or impairment subsequent to his insurance, a doctor considers that, for a period of at least one year, he will be unable to earn, from work suited to his ability, skills and training, more than onefifth (1/5) of the earnings of a physically and mentally healthy person with the same training.
(b) An insured person shall be deemed disabled where, on grounds of sickness or physical or mental injury or impairment subsequent to his insurance, a doctor considers that, for at least one year, he will be unable to earn, from work suited to his ability, skills, training and usual trade or occupation, more than onethird (1/3) of the earnings of a physically and mentally healthy person with the same training and the same trade or occupation.
(c) An insured person shall be deemed partially disabled where, on grounds of sickness or physical or mental injury or impairment subsequent to his insurance, a doctor considers that, for at least six months, he will be unable to earn, from work suited to his ability, skills, training and usual trade or occupation, more than half (1/2) of the earnings of a physically and mentally healthy person with the same training and performing the same trade or occupation in the same region.
(d) An insured person may be regarded as disabled or partially disabled in terms of the foregoing paragraphs even where the sickness or physical or mental injury or impairment came about prior to his insurance, provided that such disability as persists after his insurance amounts to at least half the prescribed degree of disability in question.
(e) Regulations to be made on the advice of the Panhellenic Medical Union shall specify in terms of percentages based on medical data the degree of disability caused by each type of sickness and physical or mental injury or impairment, and by combinations of such sicknesses, injuries or impairments. Pending the enactment of the said regulations, the degree of disability shall be determined by a doctor in accordance with the statutory provisions currently in force.
In particular, the degree of disability associated with a condition primarily attributable to clinically established neuropsychiatric causes shall be determined by a doctor in accordance with the statutory provisions currently in force.
From a medical point of view the disability of an insured person shall be established by the competent health committees appointed under the statutes of the insurance authority. Such committees shall be responsible not only for determining the nature, causes, extent and duration of the physical or mental disorder of the insured person, but also for ascertaining the extent to which such disorders completely prevent the said person from carrying on his usual trade or occupation or similar trades and from recovering his capacity for work.
(f) A degree of disability in terms of paragraphs (a), (b) and (c) above which is not established on the basis of medical criteria may not exceed 15 per cent of a degree of disability established by medical means.
(g) An insured person deemed severely disabled in terms of paragraph (a) above shall be entitled to a pension equal to that provided for under section 29, subsection (1) of this Law. An insured person deemed disabled in terms of paragraph (b) above shall be entitled to threequarters (3/4) of the said pension; and, if he is deemed partially disabled in terms of paragraph (c) above he shall be entitled to half (1/2) of the pension.
(h) An insured person who has completed six thousand (6,000) days of work and is deemed disabled in terms of paragraph (b) above shall be entitled to the full pension provided for above.
Likewise, an insured person whose disability is primarily due to neuropsychiatric causes and who is consequently deemed disabled in terms of paragraphs (b) and (c) above shall be entitled to a full pension or to 3/4 of the said pension, as the case may be.
(i) Where an insured person became disabled deliberately or as a result of an offence or misdemeanour committed by him and of which he has been found guilty by a final decision of a court, he shall not be entitled to a disability pension. However, any persons covered by subsection (6) of this section shall be entitled to the pension which would have been granted to them in the event of the death of the insured person.
(6) In the event of the death of an insured person in receipt of an oldage or disability pension, whatever his degree of disability, or of the recipient of a rehabilitation allowance, or of an insured person who has completed at least one thousand five hundred (1,500) days of work, of which at least three hundred (300) were completed within the five years immediately preceding the year of his death, or yet of an insured person who has completed the number of days of work required, as the case may be, under subsection (4), paragraph (a) above, entitlement to a pension under the following paragraph shall be granted to:
(a) A widow or widower disabled in terms of subsection (5)(b) of this section, provided that he or she was a primary dependant of the insured person deceased."
(2) Section 28, subsection (12) of Emergency Law No. 1846/19511 is replaced by the following:
"(12) For the calculation of the pensions of members of the family under this section, the 'pension of the deceased' means the amount of the basic pension (section 29, subsection (1), paragraphs (a) and (b)) which was being paid to the deceased or to which the deceased would have been entitled if he or she had been deemed disabled in terms of subsection (5), paragraph (a), of the said section, excluding any increase for family responsibilities or total disability."
(3) With the exception of insured persons who have completed ten thousand five hundred (10,500) days of work in arduous or unhealthy occupations, the age requirement prescribed in section 10 of Act No. 825/1978 for the grant of a pension on completion of 35 years of service is fixed at 60 years of age in respect of men who were insured as from 1 January 1983.
(4) to (7) [Provisions respecting amendments to the age and lengthofservice
requirements applicable to the personnel of "Olympic Airways Ltd."
for entitlement to an oldage pension.]
Sec. 28. Voluntary continuation of insurance. Subsections (2) and (3) of section 41 of Emergency Law No. 1846/1951, as amended, are replaced by the following:
"(2) A person continuing his insurance voluntarily shall each month pay the whole amount of the employer's and insured person's contributions for the insurance class assigned to him on submission of his application for voluntary insurance on the basis of his earnings at the time of the termination of his employment relationship.
The rate of such contributions shall not be lower than that corresponding to the sixth insurance class. A person who has completed 3,000 days of work and who voluntarily continues his insurance may, on submission of a written application, be reclassified in the insurance class immediately above. This right may be exercised only by persons who have completed three years in the same insurance class and who, in any event, have reached the age of 55 years. Such reclassification shall take effect on 1 January of the year following submission of the application therefor.
Voluntary continuation of insurance shall not entail any obligation for the insured to pay contributions while he is in receipt of sickness benefits. Delay in the payment of a contribution beyond the third month after the due date shall entail an increase in the amount of the contribution, in line with the increases prescribed for delays in the payment of contributions due to the Social Insurance Institute.
Delay in the payment of a contribution beyond 24 months after the due date shall entail forfeiture of the right to continue insurance voluntarily.
(3) Voluntary continuation of insurance shall not be permitted if the insured person, before submitting his application for continuation of insurance, is already disabled in terms of paragraph (b) of subsection (5) of section 28 of Emergency Law No. 1846/1951.1"
Sec. 29. Employment of persons in receipt of a pension Adjustment of pensions Minimum rate.
(1) [Provisions respecting procedures for the hiring of pensioners.]
(2) Section 29, subsection (9) of Emergency Law No. 1986/1951,1 as amended, is replaced by the following:
"(9) Whenever the pay of public servants is increased, the amount of pensions granted prior to such increase shall be adjusted, on the same date and in the same proportions. Fractions of tendrachma units shall be rounded off to the next ten drachmas."
The provisions of this subsection shall come into force on 1 January 1991.
(3) Section 29, subsection (14) of Emergency Law No. 1846/1951,1 as amended, is replaced by the following:
"(14)(a) The minimum rate of pension applicable to each category of beneficiaries shall be as determined on 30 September 1990. The said minimum rates shall henceforth be readjusted in accordance with the provisions of subsection (9) of this section, on the same date and in the same proportions.
(b) Allowances for a dependent wife and children shall be added to the minimum rate of pension provided for in the preceding paragraph, subject to the provisions of subsection (3) of this section. The said allowances, as determined under the legislation in force, shall be readjusted in accordance with the procedure specified in paragraph (a) of this subsection.
(c) The minimum rate of pension shall be reduced where the recipient is granted a reduced pension, in which case the provisions of paragraph (a) of this subsection shall also be applicable.
(d) The minimum rate of pension provided for in this subsection shall not apply to persons in receipt of a pension, or of an allowance in the form of a pension, who concomitantly receive another pension from the State, from a public body, from the Social Insurance Institute or from any other principal insurer, except where the sum total of such pensions is less than the minimum rate plus 25 per cent of the full or reduced pension to which any person insured with the Institute would be entitled, in which case the balance shall be paid by the said Institute. Such verifications as may be required for this purpose shall be conducted at the time of the grant of any new allowance or increase from the pensions branch of insurance and on 1 April each year, the balance between the two abovementioned amounts being settled as such in the interval between successive verifications.
(e) Subject to the provisions of subsection (7) of this section, persons in receipt of an oldage pension granted at the minimum rate, who perform dependent work of any kind whatever, shall be entitled to a portion of their pension calculated in accordance with the provisions of subsection (1) of this section and section 37.
(f) The provisions of this subsection do not apply to pensions paid under bilateral or multilateral international agreements."
Sec. 30. Pensionable remuneration. Subsection (2) of section 37 of Emergency Law No. 1846/1951,1 as amended, is replaced by the following:
"(2) The amount of the pension shall be calculated on the basis of the assessed daily wage of the insurance class to which the insured person belongs; the said insurance class is determined by dividing his total earnings, including Christmas and Easter holiday bonuses, over the five calendar years preceding the year in which the application for a pension is submitted by the number of days of work which he has performed during this period.
Where, during the said period, the insured person has not performed at least one thousand (1,000) days of work, account shall also be taken, for the purpose of determining the assessed daily wage and calculating the pension, of income for days of work during the period immediately preceding that specified above, until the requirement of one thousand (1,000) days is satisfied.
The portion of earnings in excess of the assessed daily wage of the highest insurance class shall not, in any event, be taken into account in calculating the pension or the amount of contributions.
In determining an insured person's total earnings for the purpose of
calculating his pension, account shall also be taken of annual adjustments
effected on the basis of the weighted average of variations in the consumer
price index."
Sec. 31. Adjustment of pensions paid by the Social Insurance Institute
and by employees' subsidiary insurance funds. The provisions of section
29 of this Act, respecting the readjustment of pensions and of the minimum
rates of pension, shall apply also to pensions granted by the Social Insurance
Institute and by employees' subsidiary insurance funds. The provisions
of sections 10 and 7 of Presidential Decree No. 995/1980 and of sections
4 and 3, subsection (1) of Legislative Decree No. 288/1985 are repealed
accordingly.
Sec. 32. [Provisions respecting the establishment of a commission responsible
for indentifying occupations deemed arduous or unhealthy; membership of
the commission; provisions regulating the pension entitlement of certain
categories of insured persons no longer considered as employed in such
occupations.]
Sec. 33. [Provisions respecting increased contributions and the amount of the pensions paid by the Insurance Fund for Smallscale Shopkeepers and Craftsmen, by the Insurance Fund for Shopkeepers, and by the Insurance Fund for Bus Drivers and Taxi Drivers. The said increases are effected only by ministerial decision.]
Secs. 34 and 35. [Provisions respecting the mode of payment of contributions to the abovementioned insurance funds and procedures for the recovery of contributions overdue.]
Sec. 36. Special Selfinsurance Account. (1) A special account for voluntary insurance is hereby established under the Social Insurance Institute and named "Special Selfinsurance Account", hereinafter called "the Account".
(2) [Provisions respecting the administration of the Account.]
(3) All Greek nationals and persons of Greek origin residing in Greece shall be eligible for insurance with the Account, provided that they are not covered, on a compulsory or optional basis, by the pensions branch of the Social Insurance Institute or any other principal insurance body and that they are not employed in a post entitling them to a State pension.
(4) The said insurance scheme shall cover old age, disability and death. Any man between 16 and 63 years of age and any woman between 16 and 58 years of age shall be eligible for coverage; in respect of disability, however, the age limit shall be 55 years.
(5) The regulations provided for in subsection (11) of this section shall specify the insurance classes to be assigned to persons insured under the scheme, the lowest class being the fourteenth of the general insurance scheme.
(6) Where a person joins the selfinsurance scheme at the age of 40 years, the amount of the employer's and the insured person's contribution for the insurance class assigned to him shall be equivalent to the amount of contributions payable under the pension scheme of the Social Insurance Institute. Where a person joins the scheme below or above the age of 40 years, his contribution shall be respectively increased or reduced for each year of age on the basis of the percentages laid down in the regulations provided for in subsection (11).
In the event of a temporary interruption of membership of the scheme, a new rate of contribution shall be fixed according to the age of the person insured at the time of resumption. The regulations provided for in subsection (11) shall specify admissible grounds for suspension or interruption and the requirements for readmission to the Account.
Contributions may be paid by a parent or guardian on behalf of unmarried children. Contributions paid on behalf of children shall be exempt from income tax.
(7) Persons insured in accordance with the provisions of this section shall be entitled to an oldage pension:
In respect of disability and survivors' pensions, the requirement shall be three thousand (3,000) days of work.
For the purposes of this subsection, account shall be taken of both days of work performed under the selfinsurance scheme and days of work performed or recognised under other statutory provisions applicable to the Social Insurance Institute, which count towards entitlement to a pension, in accordance with the legislation in force.
(8) Days of work performed under the selfinsurance scheme shall not be taken into consideration in establishing an entitlement under section 10, subsection (1) of Act No. 825/1978, or under the provisions applicable to the Social Insurance Institute in respect of special circumstances or reduced pensions.
(9)(a) The amount of pensions shall be calculated in accordance with the statutory provisions applicable to the pension schemes of the Social Insurance Institute.
(b) Where days of work performed in accordance with the provisions of this section, added to days of work perfomed in accordance with other provisions respecting the Social Insurance Institute, fall short of the number of days of work required for coverage in each of the branches specified in subsection (7) of this section, but give entitlement to an oldage, disability or survivors' pension under the provisions of section 28, subsections (1)(a),(4) and (6) of Emergency Law No. 1846/1951,1 the provisions concerning minimum rates of pension shall not apply, unless the number of days of work completed under the compulsory insurance scheme or during voluntary continuation of insurance exceeds three thousand (3,000).
(10) Benefits granted by the selfinsurance account shall be regarded as benefits provided under principal insurance in accordance with Legislative Decree No. 4202/1961 respecting consecutive insurance, as amended.
(11) The procedures for the application of this section shall be laid down in regulations specifying in particular: the commencement of the selfinsurance scheme under the said account; the procedure for assignment to insurance classes; the percentages of reduction or increase in the amount of contributions for insurance before or after the age of 40 years in accordance with subsection (4) above; contribution of the scheme to the operating expenses of the Social Insurance Institute; procedures for determining days of work completed; combination of insurance under this section and insurance under other provisions respecting the Social Insurance Institute; requirements for admission, withdrawal and readmission to the selfinsurance scheme; and any other necessary details.
(12) Section 1 of Act No. 4476/1965,2 concerning subsidiary selfinsurance, is repealed.
Sec. 37. Survivors' pensions under the Agricultural Workers' Insurance Scheme (OGA). (1) Sections 1 and 3 of Act No. 1140/19813 (Ephemeris tis Kubernesseos, No. 63), as amended and supplemented by the provisions of section 4, subsections (1) and (2) of Act No. 1287/1982 (Ephemeris tis Kubernesseos, No. 123) are replaced by the following:
"Sec. 1. Orphans' benefits. (1) The Agricultural Workers' Insurance Scheme shall provide a survivors' pension to the unmarried children who have not reached the age of 18 years of insured persons, whether they were still active or pensioners, in the event of their death provided that:
(a) they do not receive any other type of pension from the said Scheme, or any similar benefit from another insurance body under paragraph (d) of section 4, subsection (1) of Act No. 1287/1982 (Ephemeris tis Kubernesseos, No. 81), as amended, and under section 6, subsection (2) of Act No. 1287/1982;
b) the deceased parent was at the time of death in receipt of a pension from the OGA or was insured with that Scheme for the three years preceding his death.
Where death was accidental, it shall suffice that the deceased be insured with the said Scheme at the time of the accident.
The period during which the deceased parent, before attaining the age of 21 years, carried on an occupation which could have been covered by insurance under the said Scheme shall be regarded as an insurance period for the purposes of this section.
(2) Unmarried children studying in secondary or higher educational establishments in Greece or abroad who are granted a survivors' pension in accordance with the provisions of the preceding subsection shall continue to receive such pension until they reach the age of 24 years."
"Sec. 3. Payment of benefits. (1) Payment of an orphans' pension shall commence from the first day of the month following that in which the parent died and shall terminate at the end of the month in which the child dies or on 31 December of the year in which the child attains the age of 18 years, or 24 years if he is studying. The pension shall not be paid retroactively for a period exceeding six months as from the date of submission of the application for an orphans' pension.
(2) An orphans' pension shall be paid to the surviving parent. In the event of death, disappearance, guardianship, statutory or judicial prohibition or forfeiture of the parental authority of the surviving parent, the pension shall be paid to the appointed guardian, in accordance with the provisions of the Civil Code. The Agricultural Workers' Insurance Scheme shall not be liable for a pension, as provided for in the preceding subsection, where the said pension is paid to persons represented as entitled before the duly entitled persons have been recognised by the said Scheme. In the event of a dispute, interested parties may claim only against the person who has received payment.
The pension shall be paid directly to the orphan where the latter has attained the age of 18 years and continues to be entitled to it on account of his studies.
(3) Appropriations for the payment of survivors' pensions to the orphaned
children of deceased insured persons, whether they were still active or
pensioners, shall be made each year under a special item in the budget
of the Agricultural Workers' Insurance Scheme."
(2) At the end of section 5, subsection (1) of Act No. 4169/1961,4 as amended, there shall be inserted a new paragraph worded as follows:
"Any increase in the amount of a pension on grounds of family responsibilities, as provided for in this subsection, as amended, shall be distributed in two equal shares between the person's wife, on the one hand, provided that she is not in receipt of a pension from another insurance body, and his children, irrespective of their number, on the other."
Sec. 38. [Provisions respecting the subsidiary insurance scheme for the staff of social insurance bodies.]
Sec. 39. [Provisions respecting the extension of certain timelimits for submission of applications for insurance coverage or grant of pensions in respect of certain categories of workers, including persons employed by foreign diplomatic missions, international commissions, etc., who work in Greece.]
Sec. 40. [Provisions to amend the operating procedures and the admission and pension entitlement requirements of certain subsidiary insurance schemes, including those covering the personnel of the "Evangeliscus" hospital, the personnel of the Greek Telecommunications Agency, the personnel of Greece's second television network, etc.]
Sec. 41. [Provisions to ratify certain ministerial decisions taken in
1990 with regard to the increase of contributions payable to certain subsidiary
insurance schemes, including those covering smallscale shopkeepers
and craftsmen, bus drivers and taxi drivers, etc. The said decisions also
provide for an increase in pensions provided under these schemes. The latest
decision, dated 2 October 1989, relates to the posts and numbers of social
insurance inspectors.]
Sec. 42. Penalties. Administrators, deputy administrators, chairmen of governing bodies, directorsgeneral and any other senior officials of banks or public enterprises and organisations who infringe the provisions of sections 10, 11, 18 and 19 of this Act shall be prosecuted and liable to penalties for breach of duty, in accordance with the provisions of section 259 of the Penal code.
Sec. 43. Final provisions. (1) With effect from its entry into force, this Act repeals all other provisions of social legislation, irrespective of the form of their enactment, which lay down conflicting regulations on matters covered by this Act.
(2) With effect from the entry into force of this Act, all provisions which authorise the adoption, amendment or annulment of social insurance provisions relating to matters covered by sections 10, 11, 12, 13, 16, 17, 18 and 19 of this Act shall also be repealed.
(3) At the end of section 3, subsection (3) of Act No. 1876/1990 the following is inserted:
"Pensionrelated matters not subject to collective agreement shall include also direct and indirect changes in the sharing of insurance costs as between workers and employers; transfer, in whole or in aprt, from either party to the other, of the obligation to pay to the insurance fund regular contributions or contributions for recognition of previous service; and the establishment of special insurance schemes or accounts providing periodic benefits in the form of pensions or lumpsum allowances at the expense of the employer."
(4) In all other matters the provisions applicable to each of the insurance schemes concerned shall remain in force.
(5) Within one month of the entry into force of this Act, there shall be established a commission to examine the question of social insurance for the personnel of banks which are members of special insurance schemes. The membership of the said commission shall include representatives of the workers and of the employers and experts in the organisation and operation of insurance schemes.
A joint decision of the Ministers of the National Economy and of Health, Welfare and Social Security shall be taken to regulate specific matters and details pertaining to the establishment and membership of the said commission and to the remuneration of its members; the same decision shall also set a deadline by which the commission shall complete its work.
(6) The provisions of this Act do not apply to the Seafarers' Pension Fund, to the "Seafarers' Home" or to seafarers in general. In respect of these bodies and workers, existing legislation shall remain in force.
Sec. 44. Entry into force. This Act shall come into force on the date of its publication in the Official Gazette, except those of its provisions for which a separate date of entry into force has been specified.
1 Emergency Law No. 1846, of 14 June 1951, respecting social insurance (Legislative Series, 1951 Gre. 4).
2 Act No. 4476, of 31 May 1965, to establish a subsidiary selfinsurance scheme under the Social Insurance Institute and to make other provisions for the amendment of legislation governing the said Institute (Ephemeris tis Kubernesseos, Part I, 31 May 1965).
3 Act No. 1140, of 20 March 1981, to amend and supplement Basic Act No. 4169 of 1961 respecting social insurance in agriculture.
4 Act No. 4169, of 15 May 1961, respecting social insurance for agricultural workers (Legislative Series, 1961 Gr. 1).
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