-876300 -186055 delta_recipientName_1 \* MERGEFORMAT National Office of Social Insurance of the Republic of Moldova delta_recipientStreetHouse_1 \* MERGEFORMAT str . Gheorghe Tudor 3 delta_recipientPostalCity_1 \* MERGEFORMAT MD-2001, mun . Chişinău Your ref . delta_senderRegDate \* MERGEFORMAT 10.09.2024 No delta_senderRegNumber \* MERGEFORMAT 6-1/26648-1 / Our ref . delta_regDateTime \* MERGEFORMAT 27.09.2024 No delta_regNumber \* MERGEFORMAT 4.2-1/2258-2 Ministry of Social Affairs has received your recent inquiry regarding the recognition of insurance periods in the former USSR, specifically for the years 1978-1980 and 1981-1982, which were acquired in the former USSR outside the territories of the Estonian SSR or Moldovan SSR. On behalf of Ministry of Social Affairs, we would like to clarify Estonia’s position based on Article 6 of the Social Security Agreement and the relevant provisions of Estonian legislation, particularly concerning the interpretation of overlapping insurance periods. According to Article 6(1) of the Agreement, insurance periods from the former USSR can be considered as overlapping only when a person has acquired pension rights under the legislation of both contracting parties. If these rights are recognized and the same insurance periods are taken into account by both parties, the competent authority of the contracting party where the insurance period is longer in full years will be responsible for considering those periods. In this context, it is important to clarify that the concept of "overlapping periods" applies when both parties recognize the same timeframes for pension purposes. However, under Estonian law, specifically § 28(4) of the State Pension Insurance Act, insurance periods from the former USSR can only be recognized if the person has accumulated at least 15 years of pensionable service in Estonia. This means that if an individual does not have 15 years pensionable service, the periods worked in the former USSR cannot be considered as part of the Estonian pension system. Consequently, the insurance periods from 1978-1980 and 1981-1982 do not qualify as overlapping or recognized periods under Estonian law, as the individual does not meet the criteria for including those years in their pension calculation. Article 6(2) further reinforces this by stating that the insurance periods from the former USSR will be considered in accordance with the legislation of the contracting party responsible for determining the pension. Since Estonian law requires a minimum of 15 years of pensionable service in Estonia, we are unable to consider the former USSR insurance periods unless this condition is satisfied. We hope that this explanation clarifies the position of the Estonia in this matter, and we remain at your disposal for any further inquiries. Yours sincerely , delta_signerName \* MERGEFORMAT Leili Eenlo Head of Cross Border Social Security Policy delta_ownerName \* MERGEFORMAT Reigo Anier +372 5875 0718;
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