On Social Security of Persons Transferred to the Reserve from Military Bodies, Internal Affairs Bodies and the Special State Protection Service, and Their Family Members

LAW OF GEORGIA

ON SOCIAL SECURITY OF PERSONS TRANSFERRED TO THE RESERVE FROM MILITARY BODIES, INTERNAL AFFAIRS BODIES AND THE SPECIAL STATE PROTECTION SERVICE, AND THEIR FAMILY MEMBERS

Law of Georgia No 1887 of 25 December 2002 - LHG I, No 3, 17.1.2003, Art. 15

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Chapter I - General Provisions

Article 1 - Persons entitled to state compensation

According to the conditions, provisions and procedures established by this Law, the following persons permanently residing in Georgia, having Georgian citizenship, transferred to the reserve from military bodies, internal affairs bodies and the Special State Protection Service are entitled to state compensation:

a) officers, service members accepted into extended voluntary military service and into the first rank of military reserve on a contractual basis, who have served in the Georgian military forces, the internal forces of the Ministry of Internal Affairs of Georgia, the border forces of the State Border Defence Department, state security bodies, the State Intelligence Department, the system of the State Security Service of Georgia;

b) persons with a special rank, who have served in the Special State Protection Service;

c) officers, including officers of the Military Prosecutor's Office, former Military Tribunal and military court; service members accepted into extended voluntary military service on a contractual basis, who have served in the former USSR and CIS armed forces, internal, border, railway, government communications, civil defence and military construction forces, in national security, foreign intelligence and military justice bodies, in other legitimate military formations and the armed forces of CIS countries, and their family members, unless the issue of pension provision of these persons is not otherwise determined by the treaties or international agreements of Georgia;

d) privates and senior officers, who have served in the bodies of the Ministry of Internal Affairs of Georgia, in internal affairs bodies of the former USSR and the Georgian SSR, CIS and non-CIS countries, unless the issue of pension provision of these persons is otherwise determined under agreements (treaties) signed between Georgia and union republics of the former USSR, and CIS and non-CIS countries;

e) guerrillas, volunteers, heads of guerrilla and volunteer armies, whose positions were equivalent to the positions of officers;

f) family members of service members who were killed in (or are missing as a result of) World War II and other armed conflicts or who died from wounds, injuries, contused wounds or other diseases suffered there;

g) family members of deceased military pensioners;

h) service members of armed forces and employees of internal affairs and state security bodies of other states, and their family members, based on an agreement (treaty) signed between Georgia and these states.

Law of Georgia No 1319 of 31 March 1998 - Parliamentary Gazette, No 15-16, 30.4.1998, p. 11

Law of Georgia No 1851 of 19 March 1999 - LHG I, No 12(19), 6.4.1999, Art. 43

Law of Georgia No 1539 of 22 June 2002 - LHG I, No 21, 12.7.2002, Art. 86

Law of Georgia No 1887 of 25 December 2002 - LHG I, No 3, 17.1.2003, Art. 15

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Law of Georgia No 2358 of 2 May 2014 – website, 16.5.2014

Law of Georgia No 3957 of 8 July 2015 – website, 15.7.2015

Law of Georgia No 1711 of 7 December 2017 – website, 14.12.2017

Article 2 - Bases for entitlement to state compensation

The bases for entitlement to state compensation are:

a) the expiry of the term of service established by law

b) the attainment of the age of 65

c) the establishment of a disability status

d) the death of a breadwinner.

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 3 - Exercise of the right of awarding state compensations

1. Service members who are entitled to state compensation according to this Law shall receive state compensation after transfer to the reserve or resignation.

2. Service members shall be awarded state compensation due to disability notwithstanding the length of service.

3. The conditions of awarding of state compensation or state pension to family members of deceased service members are regulated by the Law of Georgia on State Compensation and State Academic Stipends or the Law of Georgia on State Pensions.

4. State compensation shall not be awarded to persons deprived of military or special ranks by a court and their family members, except if they have been acquitted or rehabilitated according to the procedures established by the legislation of Georgia.

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 4 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 5 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 6 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 7 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 8 - Social security of service members under this Law, and their family members

State compensation shall be provided to service members under this Law and their family members from the State Budget of Georgia.

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 9 - Body providing state compensations

Persons listed in Article 1 of this Law shall be provided with state compensations by a relevant authorised body.

Law of Georgia No 1851 of 19 March 1999 - LHG I, No 12(19), 6.4.1999, Art. 43

Law of Georgia No 691 of 13 December 2000 - LHG I, No 50, 27.12.2000, Art. 147

Law of Georgia No 1819 of 3 December 2002 - LHG I, No 32, 20.12.2002, Art. 158

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 10 - (Deleted)

Law of Georgia No 91 of 24 December 1999 - LHG I, No 52(59), 31.12.1999, Art. 253

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Chapter II - State Compensation for Service Members

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 11 - Conditions defining entitlement of service members to state compensation

State compensation shall be awarded to:

a) service members listed in Article 1 of this Law who, by the date of discharge from military service, have served 20 or more calendar years, as well as service members who were forcedly discharged in 1956 during the dissolution of the Georgian military formation (division) and served 10 or more calendar years in the armed forces and have the total length of service of 20 or more calendar years; as well as service members of the Armed Forces of Georgia who started military service from 1991 to 1995 and were discharged due to age limit, served at least 10 calendar years in the armed forces and have the total length of service of 20 or more calendar years;

b) service members who, due to particularly significant state need, were called up for military service, have been in military service by the date of attaining a retirement age and have served 10 years in military forces;

c) pensioners discharged from military service in the armed forces of the former USSR, in internal affairs bodies and state security bodies, border forces, and other legitimate military formations, who were subsequently enrolled in regular military service of the Georgian military forces.

Law of Georgia No 1539 of 22 June 2002 - LHG I, No 21, 12.7.2002, Art. 86

Law of Georgia No 1819 of 3 December 2002 - LHG I, No 32, 20.12.2002, Art. 158

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 12 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 13 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 14 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 15 - (Deleted)

Law of Georgia No 1819 of 3 December 2002 - LHG I, No 32, 20.12.2002, Art. 158

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 16 - Calculation of the length of service

1. For the purpose of awarding pensions, the length of service will include: service in the bodies of Prosecutor's Office; military service; service in internal affairs bodies and state security bodies; service in the Special State Protection Service; service in the system of the State Security Service of Georgia; service in guerrilla armies and formations; the period of work in state authorities and other state institutions: military service, or regular service in internal affairs bodies and state security bodies and the Special State Protection Service; periods of captivity, unless the captive had committed a crime against the State; the period of service of a sentence and the period of detention, provided a service member, a private or a senior officer was unjustly prosecuted or repressed.

2. For service members discharged from military service, the period of study in a civil, special or higher institution before being enrolled in military service or in internal affairs bodies and state security bodies, the State Intelligence Department, the system of the State Security Service of Georgia, the Special State Protection Service shall be included in the length of service. In the case of studies for more than 6 years, 1 year of studies shall be considered 6 months.

2¹. For privates or senior officers discharged from internal affairs bodies or the system of the State Security Service of Georgia, service in a military rank or a special state rank in the bodies of the Prosecutor's Office, as well as in the General Inspection, the Investigation Department and/or the Special Penitentiary Service of the Ministry of Corrections of Georgia, shall be included in the length of service.

3. The period of service in special conditions shall be included in the length of service based on a preferential calculation.

4. The length of service shall be calculated from the date of enrolling of a service member in military service on the basis of an order till the date of his/her transfer to the reserve on the basis of an order or retirement from service.

5. The procedure for calculating the length of service to award pensions to persons listed in Article 1(b) of this Law shall be determined by the Ministry of Labour, Health and Social Affairs of Georgia.

Law of Georgia No 1851 of 19 March 1999 - LHG I, No 12(19), 6.4.1999, Art. 43

Law of Georgia No 1680 of 17 June 2005 - LHG I, No 35, 4.7.2005, Art. 212

Law of Georgia No 3526 of 1 May 2015 – website, 18.5.2015

Law of Georgia No 3957 of 8 July 2015 – website, 15.7.2015

Chapter III - State Compensation for Service Members having a Disability Status

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 17 - Conditions of awarding state compensation to service members having a disability status

Service members listed in Article 1 of this Law shall be awarded state compensation due to disability if they became disabled during the period of military or operative service, or not later than three months after discharge from the service, or later than this term due to wounds, contused wounds, injuries or disease.

Law of Georgia No 1819 of 3 December 2002 - LHG I, No 32, 20.12.2002, Art. 158

Law of Georgia No 2561 of 23 July 2003 - LHG I, No 24, 20.8.2003, Art. 182

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 18 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 19 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 20 - (Deleted)

Law of Georgia No 1819 of 3 December 2002 - LHG I, No 32, 20.12.2002, Art. 158

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 21 - (Deleted)

Law of Georgia No 1819 of 3 December 2002 - LHG I, No 32, 20.12.2002, Art. 158

Law of Georgia No 2561 of 23 July 2003 - LHG I, No 24, 20.8.2003, Art. 182

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 22 - (Deleted)

Law of Georgia No 1819 of 3 December 2002 - LHG I, No 32, 20.12.2002, Art. 158

Law of Georgia No 2561 of 23 July 2003 - LHG I, No 24, 20.8.2003, Art. 182

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 23 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 24 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Chapter IV - State Compensation for Family Members of Deceased Service Members

Article 25 - Conditions of awarding state compensation to family members of deceased service members

1. State compensation shall be awarded to family members of service members referred to in Article 1 of this Law if the service member died or was killed during military service, or not later than three months after retirement from the military service, or later due to other disease that the service member suffered from during military service or operative service. This right shall be exercised by family members of former prisoners of war who did not surrender voluntarily and who during captivity did not commit any action directed against the homeland.

2. The family of a service member recognised as missing during hostility on the basis of a court decision shall be equal to a family of a service member killed in the war.

Law of Georgia No 1819 of 3 December 2002 - LHG I, No 32, 20.12.2002, Art. 158

Law of Georgia No 2561 of 23 July 2003 - LHG I, No 24, 20.8.2003, Art. 182

Article 26 - Family members entitled to state compensation due to the death of a service member

The following persons shall be entitled to state compensation due to the death of a service member:

a) children until their attainment of the age of 18

b) a disabled spouse, parents and children.

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 27 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 28 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 29 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 30 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 31 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 32 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 33 - (Deleted)

Law of Georgia No 1819 of 3 December 2002 - LHG I, No 32, 20.12.2002, Art. 158

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 34 - (Deleted)

Law of Georgia No 2561 of 23 July 2003 - LHG I, No 24, 20.8.2003, Art. 182

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 35 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 36 - (Deleted)

Law of Georgia No 2561 of 23 July 2003 - LHG I, No 24, 20.8.2003, Art. 182

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 37 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 38 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 39 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Chapter V - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 40 - (Deleted)

Law of Georgia No 1819 of 3 December 2002 - LHG I, No 32, 20.12.2002, Art. 158

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 41 - (Deleted)

Law of Georgia No 1851 of 19 March 1999 - LHG I, No 12(19), 6.4.1999, Art. 43

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 42 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 43 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 44 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 45 - (Deleted)

Law of Georgia No 1819 of 3 December 2002 - LHG I, No 32, 20.12.2002, Art. 158

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Chapter VI - Award and Payment of Pensions

Article 46 - (Deleted)

Law of Georgia No 1851 of 19 March 1999 - LHG I, No 12(19), 6.4.1999, Art. 43

Law of Georgia No 1819 of 3 December 2002 - LHG I, No 32, 20.12.2002, Art. 158

Article 47 - (Deleted)

Law of Georgia No 1851 of 19 March 1999 - LHG I, No 12(19), 6.4.1999, Art. 43

Law of Georgia No 1819 of 3 December 2002 - LHG I, No 32, 20.12.2002, Art. 158

Law of Georgia No 810 of 24 December 2004 - LHG I, No 39, 25.12.2004, Art. 189

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 48 - (Deleted)

Law of Georgia No 91 of 24 December 1999 - LHG I, No 52(59), 31.12.1999, Art. 253

Law of Georgia No 1819 of 3 December 2002 - LHG I, No 32, 20.12.2002, Art. 158

Law of Georgia No 2561 of 23 July 2003 - LHG I, No 24, 20.8.2003, Art. 182

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 49 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 50 - (Deleted)

Law of Georgia No 1819 of 3 December 2002 - LHG I, No 32, 20.12.2002, Art. 158

Law of Georgia No 2561 of 23 July 2003 - LHG I, No 24, 20.8.2003, Art. 182

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 51 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 52 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 53 - (Deleted)

If a person recognised as missing by a court returns.

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 54 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 55 - (Deleted)

Law of Georgia No 1336 of 20 April 2005 - LGH I, No 22, 18.5.2005, Art. 146

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 56 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 57 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 58 - (Deleted)

Law of Georgia No 1851 of 19 March 1999 - LHG I, No 12(19), 6.4.1999, Art. 43

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 59 - Considering the length of service in awarding state compensation to persons of certain categories in the case of their discharge from service

1. The years of previous service in the armed forces and law enforcement bodies (police) by officers of the Military Prosecutor's Office and military courts, as well as other employees of the bodies of the Prosecutor's Office of Georgia, shall be included in the total length of service. In the case of discharge from service, their status shall be equal to the status of military officers and police officers.

2. Persons, who have done extended and contracted service in the Ministry of Defence of Georgia and the Ministry of Internal Affairs of Georgia, the system of the State Security Service of Georgia and the Special State Protection Service of Georgia, shall also exercise the rights defined in paragraph 1 of this article if they were transferred from one above-mentioned agency to another.

Law of Georgia No 1851 of 19 March 1999 - LHG I, No 12(19), 6.4.1999, Art. 43

Law of Georgia No 810 of 24 December 2004 - LHG I, No 39, 25.12.2004, Art. 189

Law of Georgia No 1680 of 17 June 2005 - LHG I, No 35, 4.7.2005, Art. 212

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Law of Georgia No 3957 of 8 July 2015 – website, 15.7.2015

Chapter VII - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 60 - (Deleted)

Law of Georgia No 2561 of 23 July 2003 - LHG I, No 24, 20.8.2003, Art. 182

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 61 - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 62 - (Deleted)

Law of Georgia No 1851 of 19 March 1999 - LHG I, No 12(19), 6.4.1999, Art. 43

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Chapter VIII - (Deleted)

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

Article 63 - (Deleted)

Law of Georgia No 3223 of 31 December 2003 - LHGI, No 33, 31.12.2003, Art. 254

Law of Georgia No 853 of 29 December 2004 - LHG I, No 42, 31.12.2004, Art. 225

Law of Georgia No 1671 of 17 June 2005 - LHG I, No 35, 4.7.2005, Art. 210

Law of Georgia No 202 of 28 October 2005 - LHG I, No 47, 21.11.2005, Art. 313

Law of Georgia No 2459 of 23 December 2005 - LHG I, No 56, 28.12.2005, Art. 401

President of Georgia                                                                               Eduard Shevardnadze

Tbilisi

16 October 1996

No 430-I ს