Law of Georgia on State Compensation and State Academic Stipends

LAW OF GEORGIA

ON STATE COMPENSATION AND STATE ACADEMIC STIPENDS

Chapter I - General Provisions

Article 1 - Scope of the Law

1. This Law establishes social security guarantees for citizens of Georgia residing in the territory of Georgia for special services provided to the State, and when these persons attain a corresponding age, or in the case of disability or death of these persons. This Law determines the grounds for awarding state compensation ('compensation') and state academic stipends, the procedure and conditions for calculating, issuing, suspending and terminating compensation and state academic stipends; and defines an administrative authority and other relations associated with the receipt of compensation and state academic stipends.

2. The rights under this Law shall not arise if a person has been removed from his/her position for committing a crime defined in the Criminal Code of Georgia or if that person has conducted another wrongful act.

3. The provisions of this Law shall apply to citizens of Georgia only unless otherwise provided by treaties and international agreements of Georgia.

4. (Deleted).

Law of Georgia No 3567 of 13 October 2006 - LHG I, No 41, 1.11.2006, Art. 282

Article 2 - Legislation on compensation and state academic stipends

1. The legislation on compensation (except for one-time compensation) and state academic stipends comprises the Constitution of Georgia, treaties and international agreements of Georgia, this Law, and subordinate normative acts issued on the basis thereof.

2. A new ground for awarding compensation/state academic stipends may be adopted or the existing ground may be cancelled, or the group of persons entitled to compensation/state academic stipend may be expanded or contracted only by making amendments and/or introducing additions to this Law.

Article 3 - Basic principles of the Law

The basic principles of this Law are:

a) justice

b) equality before the law

c) consistency

d) state guarantee for the receipt of compensation/state academic stipend.

Article 4 - Definition of terms

The terms used in this Law have the following meanings:

a) application - a request for compensation/state academic stipend submitted as determined by the legislation of Georgia in written or electronic form by a person entitled thereto;

b) death - a person's death verified by the competent authority, or a declaration that a person is dead or missing according to the legislation of Georgia;

c) public activities - paid labour activities carried out in the public service sector or in legal entities under public law (except for political and religious organisations; general, vocational and higher education institutions; research institutions; the Georgian National Academy of Sciences; the Georgian Academy of Agricultural Sciences; museums, libraries, boarding schools; pre-school education, out-of-school education and fostering institutions). Paid labour activities carried out in precinct election commissions and those carried out by temporary members of district election commissions shall not be construed as public activities. The Ministry of Finance of Georgia shall, in an established format, provide the competent authority with information on paid labour activities falling under the category of public activities; (This provision shall apply to legal relations arisen after 15 April 2014)

[c) public activities – paid labour activities carried out within the state service and public service sectors, including at legal entities under public law (except for political and religious organisations; general, vocational and higher education institutions; research institutions; the Georgian National Academy of Sciences; the Georgian Academy of Agricultural Sciences; museums, libraries, boarding schools; pre-school education, out-of-school education and foster care institutions). Paid labour activities carried out in precinct election commissions and those carried out by temporary members of district election commissions shall not be construed as public activities. The Ministry of Finance of Georgia shall, in an established format, provide the competent authority with information on paid labour activities falling under the category of public activities; (Shall become effective from 1 July 2017)]

[c) public activities – paid labour activities carried out within the state service and public service sectors, including at legal entities under public law (except for political and religious organisations; general education institutions, vocational and higher education institutions; research institutions; the Georgian National Academy of Sciences; the Georgian Academy of Agricultural Sciences; museums, libraries, boarding schools; pre-school education, out-of-school education and foster care institutions). Paid labour activities carried out in precinct election commissions and those carried out by temporary members of district election commissions shall not be construed as public activities. The Ministry of Finance of Georgia shall, in an established format, provide the competent authority with information on paid labour activities falling under the category of public activities; (Shall become effective from 1 April 2017)]

d) compensation - a monthly monetary provision to a person according to the procedure and in the amount established by this Law;

e) recipient of compensation - a person who has been awarded compensation according to this Law;

f) academic - a person who is employed in a legal entity under public law in a higher education institution in an academic position or in a scientific position in a research institution;

g) Minister - the Minister of Labour, Health and Social Affairs of Georgia;

h) competent authority - an administrative body within the Ministry of Labour, Health and Social Affairs of Georgia;

i) proportional allocation of compensation - the proportional allocation of compensation under this Law among persons entitled to receive compensation;

j) state academic stipend – a monthly monetary provision to an academic according to the procedure and in the amount established by this Law;

k) person having a disability status - a person who has been granted such status according to the Law of Georgia on Medical and Social Expertise;

l) disabled person - a person having a severe or a persistent disability status, or who is 65 or over.

Law of Georgia No 6061 of 24 April 2012 - website, 7.5.2012

Law of Georgia No 1491 of 1 November 2013 - website, 11.11.2013

Law of Georgia No 2484 of 29 May 2014 - website, 2.6.2014

Law of Georgia No 4372 of 27 October 2015 - website, 11.11.2015

Law of Georgia No 5375 of 8 June 2016 - website, 24.6.2016

Law of Georgia No 137 of 21 December 2016 - website, 28.12.2016

Article 5 - Grounds for awarding compensation/state academic stipends

1. The grounds for awarding compensation/state academic stipends are:

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

b) attaining the age of 65

c) the establishment of a disability status

d) the death of a breadwinner

e) the death of a family member.

2. According to this Law, the following persons are entitled to receive compensation/state academic stipends:

a) members of the Parliament of Georgia;

b) members of the Constitutional Court of Georgia;

c) judges of the Supreme Court of Georgia;

d) judges of common courts of Georgia;

d¹) the General Auditor and his/her deputy (deputies);

e) persons transferred to the reserve from military bodies, internal affairs bodies, the State Security Service of Georgia, the Intelligence Service of Georgia, and the Special State Protection Service of Georgia; re-engaged persons having military or special state ranks retired from the General Inspection, the Investigation Department and the Special Penitentiary Service of the Ministry of Corrections of Georgia; and, persons retired from public positions of the Investigation Service of the Ministry of Finance of Georgia.

e¹) persons having military ranks retired from the staff of the Council for State Security and Crisis Management;

f) employees retired from the system of the Prosecutor's Office;

g) family members of former senior political officials;

h) persons having high diplomatic ranks;

i) officers of the Parliament of Georgia;

j) academics;

k) officers of civil aviation;

l) family members of employees of the Ministry of Defence of Georgia who died when conducting international operations as defined in the Law of Georgia on the Participation of the Armed Forces of Georgia in Peace-keeping Operations or other types of peace-keeping activities, or due to health impairment resulted from these missions;

m) family members of persons who died defending the territorial integrity, freedom and independence of Georgia, or who were killed during the events of May 1998 and August 2004 or died from the wounds received as a result of said events.

n) family members of employees of the Ministry of Internal Affairs of Georgia and the State Security Service of Georgia who have been killed or who have died from wounds received during performance of their official duties since the day when the Act of Restoration of State Independence of Georgia was adopted (9 April 1991) in the cases under Article 50(1¹) of the Law of Georgia on the Police and Article 41(10) of the Law of Georgia on the State Security Service of Georgia, except for cases under sub-paragraph (m) of this paragraph.

o) family members of fire-fighters-rescuers/rescuers who were killed or died from wounds incurred while performing their official duties as employees of Emergency Management Agency, a LEPL acting within the system of the Ministry of Internal Affairs of Georgia in cases provided for by Article 55³(1) of the Law of Georgia on Public Safety.

3. In the case of the death of persons under paragraph 2(a-f) of this article, their family members shall be entitled to receive compensation due to the death of the breadwinner.

Law of Georgia No 2798 of 17 March 2006 - LHG I, No 8, 24.3.2006, Art. 63

Law of Georgia No 3567 of 13 October 2006 - LHG I, No 41, 1.11.2006, Art. 282

Law of Georgia No 4277 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 436

Law of Georgia No 4384 of 11 March 2011 - website, 22.3.2011

Law of Georgia No 6550 of 22 June 2012 - website, 29.6.2012

Law of Georgia No 378 of 22 March 2013 - website, 27.3.2013

Law of Georgia No 866 of 25 July 2013 - website, 19.8.2013

Law of Georgia No 1896 of 27 December 2013 - website, 30.12.2013

Law of Georgia No 2242 of 16 April 2014 - website, 2.5.2014

Law of Georgia No 2359 of 2 May 2014 - website, 16.5.2014

Law of Georgia No 3527 of 1 May 2015 - website, 18.5.2015

Law of Georgia No 3894 of 3 July 2015 - website, 10.7.2015

Law of Georgia No 3934 of 8 July 2015 - website, 15.7.2015

Law of Georgia No 5598 of 24 June 2016 - website, 13.7.2016

Article 6 - Entitlement to compensation/state academic stipend

1. The basis for the origination of an entitlement to receive compensation/state academic stipend shall be the existence of one of the grounds under Article 5(1) of this Law.

2. An entitlement to receive compensation/state academic stipend shall not originate, or the originated entitlement to receive compensation/state academic stipend shall terminate during the period when a person carries on public activities.

3. A person entitled to receive compensation/state academic stipend may apply for compensation/state academic stipend any time after such entitlement originates.

4. If the entitlement to receive compensation/state academic stipend originates on two or more grounds, the person shall be awarded the compensation/state academic stipend on one ground only, according to his/her own choice.

5. If a person acquires the rights provided for by this Law and the Law of Georgia on State Pensions, the person may, according to his/her own choice, receive a benefit provided for by only one law.

5¹. Paragraphs 2, 4 and 5 of this article, Article 19(1) and Article 31(1)(b) and (h) of this Law shall not apply to persons entitled to receive compensation under Article 5(2)(l-o) of the same Law.

6. The rights under this Law shall apply to adoptive parents equally as to parents, and to adopted children equally as to children.

7. The limitation under paragraph 2 of this article shall not apply to persons having a severe disability status or to persons having a persistent disability status due to poor eyesight.

Law of Georgia No 866 of 25 July 2013 - website, 19.8.2013

Law of Georgia No 3894 of 3 July 2015 - website, 10.7.2015

Law of Georgia No 5598 of 24 June 2016 - website, 13.7.2016

Chapter II - Amount of Compensation/State Academic Stipend

Article 7 - Maximum limit of compensation/state academic stipend

The amount of compensation/state academic stipend, except for the amount of compensation for persons entitled to receive compensation under Article 5(2)(l), (m), (n), or (o) of this Law, shall not exceed GEL 560.

Law of Georgia No 866 of 25 July 2013 - website, 19.8.2013

Law of Georgia No 3894 of 3 July 2015 - website, 10.7.2015

Law of Georgia No 5598 of 24 June 2016 - website, 13.7.2016

Chapter III - Compensation Due to the Expiry of the Term of Service

Article 8 - Calculation of a compensation for persons retired from military bodies, internal affairs bodies, the State Security Service of Georgia, the Intelligence Service of Georgia, the Special State Protection Service of Georgia, and from the General Inspection, the Investigation Department and the Special Penitentiary Service of the Ministry of Corrections of Georgia, and for persons retired from public positions of the Investigation Service of the Ministry of Finance of Georgia

1. Military service members under Article 11 of the Law of Georgia on Social Provision of Persons Transferred to the Reserve from Military Bodies, Internal Affairs Bodies and the State Protection Service of Georgia and their Family Members shall be awarded compensation under one of the following conditions and in the following amounts:

a) in the case of the award of compensation at the age of 65 or over 65:

a.a) for military service members of contract (professional) military service (other than officers) or persons having special junior ranks - the pension amount plus the years of service in the above bodies multiplied by GEL 2;

a.b) for junior officer personnel of contract (professional) military service or persons having special middle ranks - the pension amount plus the years of service in the above bodies multiplied by GEL 5;

a.c) for senior officer personnel of permanent military service or persons having special senior ranks - the pension amount plus the number of years of service in the above bodies multiplied by GEL 10;

a.b) for higher officer personnel of permanent military service or persons having special higher ranks - the pension amount plus the years of service in the above bodies multiplied by GEL 15;

b) in the case of the award of compensation before the age of 65 - 80% of the compensation defined in sub-paragraph (a) of this paragraph.

2. For military service members under Article 11 of the Law of Georgia on Social Provision of Persons Transferred to the Reserve from Military Bodies, Internal Affairs Bodies and the State Protection Service of Georgia and their Family Members, who have served in the above bodies for less than 20 calendar years, the years of service in the above bodies shall be defined as 20 years for purposes of this article.

3. The provisions of this article shall also apply to persons retired from public positions of the Investigation Service of the Ministry of Finance of Georgia, provided they have served for at least 20 years. The years of service shall, in addition to service in the Investigation Service of the Ministry of Finance of Georgia, include service in the following bodies: military bodies, internal affairs bodies, the State Security Service of Georgia, the Special State Protection Service, bodies of the Prosecutor's Office, the staff of the Council for State Security and Crisis Management, the Revenue Service of the Ministry of Finance of Georgia (before December 2009), the Financial Police Department of the Ministry of Finance of Georgia, the Investigation Service of the Ministry of Finance of Georgia, the Special Legion of the Ministry of Finance of Georgia, the Emergency Legion of the Ministry of Tax Revenues of Georgia, and working as a judge or his/her assistant.

4. This article shall also apply to persons transferred to the reserve from the Intelligence Service of Georgia, provided they have served at least 20 years. The years of service shall, in addition to service in the Intelligence Service of Georgia, include service in the following bodies: military bodies, internal affairs bodies, the State Security Service of Georgia, the Special State Protection Service, and the staff of the Council for State Security and Crisis Management.

5. This article shall also apply to persons having military or special state ranks retired from the General Inspection and the Investigation Department of the Ministry of Corrections of Georgia, and to re-engaged officers and enlisted staff having military and special state ranks retired from the Special Penitentiary Service of the Ministry of Corrections, provided they have served at least 20 calendar years. The years of service shall, in addition to service in the General Inspection, the Investigation Department, and the Special Penitentiary Service of the Ministry of Corrections, include service in the bodies that enforce decisions of detention (irrespective of their legal status and the structure of organisational subordination), as well as service in the bodies of internal affairs, justice, military, Special State Protection Service, Georgian Intelligence Service, state security, the State Security Service, the Prosecutor's Office and judicial authorities.

6. For the calculation of compensation amount for the person under the fifth paragraph of this article the total years of service may also include the period of study at the civil, special and higher educational institutions before the enrolment to the General Inspection and the Investigation Department and Special Penitentiary Service of the Ministry of Corrections of Georgia, as well as to the bodies of internal affairs, justice, military, Special State Protection Service, Georgian Intelligence Service, state security, the State Security Service, the Prosecutor's Office and judicial authorities. The study period of one year above six years shall be deemed six months. Total years of service shall also include the period of service under special conditions on the basis of preferential calculation of the compensation amount. (The fifth and sixth paragraphs shall also apply to legal relations originating from 1 January 2015)

Law of Georgia No 4277 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 436

Law of Georgia No 4384 of 11 March 2011 - website, 22.3.2011

Law of Georgia No 378 of 22 March 2013 - website, 27.3.2013

Law of Georgia No 2242 of 16 April 2014 - website, 2.5.2014

Law of Georgia No 2359 of 2 May 2014 - website, 16.5.2014

Law of Georgia No 3527 of 1 May 2015 - website, 18.5.2015

Law of Georgia No 3934 of 8 July 2015 - website, 15.7.2015

Law of Georgia No 5019 of 27 April 2016 - website, 13.5.2016

Chapter IV - Compensation/State Academic Stipends Awarded due to attaining a Corresponding Age

Article 9 - Calculation of compensation for employees dismissed from the system of the Prosecutor's Office

1. When dismissed from the Prosecutor's Office in the case provided for by Article 34(q) of the Law of Georgia on the Prosecutor's Office, a compensation shall be fixed for an employee of the Prosecutor's Office if he/she has worked by profession in an agency/agencies under paragraph 2 of this article for at least 20 years (including at least 4 years of service within the system of the Prosecutor's Office). The amount of the compensation shall be:

a) for a person with a higher special state rank – the state pension plus 20% of the state pension multiplied by the respective years of service;

b) for a person with a senior special state rank – the state pension plus 15% of the state pension multiplied by the respective years of service;

c) for a person with a medium special state rank – the state pension plus 10% of the state pension multiplied by the respective years of service.

2. For the purposes of this article, the 20 years' service shall be considered work by profession in the agencies of internal affairs, justice, state security, the State Security Service of Georgia, the Prosecutor's Office and judicial authorities, in investigation divisions of the Ministry of Defence of Georgia, the Ministry of Corrections of Georgia, the Ministry of Environment Protection and Natural Resources before 11 March 2011, and the Ministry of Energy and Natural Resources from 11 March 2011 to 3 June 2011, and in investigation divisions of other agencies under Article 8(3) of this Law.

3. If dismissed from the Prosecutor's Office on the ground provided for in Article 34(a), (i) or (j) of the Law of Georgia on the Prosecutor's Office (only when elected or appointed to an agency under paragraph 2 of this article), a compensation shall be fixed for an employee of the Prosecutor's Office if he/she has worked by profession in an agency/agencies under paragraph 2 of this article for at least 20 years (including at least 4 years of service within the system of the Prosecutor's Office). The amount of the compensation shall be 80% of the appropriate compensation under paragraph 1 of this article.

4. The mandatory periods of service within the system of the Prosecutor's Office referred to in this article shall not apply to the Chief Prosecutor and his/her deputies, provided their total length of service is at least 20 years and their official powers in the Prosecutor's Office have been terminated on the ground provided for in Article 34(a), (b) or (q) of the Law of Georgia on the Prosecutor's Office.

Law of Georgia No 485 of 1 November 2008 - LHG I, No 30, 7.11.2008, Art. 201

Law of Georgia No 672 of 30 May 2013 - website, 24.6.2013

Law of Georgia No 2112 of 19 March 2014 - website, 1.4.2014

Law of Georgia No 3934 of 8 July 2015 - website, 15.7.2015

Law of Georgia No 4579 of 27 November 2015 - website, 10.12.2015

Article 10 - Calculation of compensation for members of the Constitutional Court of Georgia

The grounds for origination of the entitlement of a member of the Constitutional Court of Georgia to compensation and its amount are defined by the Law of Georgia on the Guarantees of Social Security for Members of the Constitutional Court of Georgia.

Article 11 - Calculation of compensation for the judge of the Supreme Court of Georgia

The grounds for origination of the entitlement of a judge of the Supreme Court of Georgia to compensation and its amount are defined by the Organic Law of Georgia on Common Courts of Georgia.

Law of Georgia No 2259 of 4 December 2009 - LHG I, No 41, 8.12.2009, Art. 302

Article 12 - Calculation of compensation for judges of common courts of Georgia

1. In cases provided for by the Organic Law of Georgia on Common Courts, compensation shall be awarded to a judge of a common court upon attaining the age of 65 if:

a) his/her term of office has expired;

b) his/her powers have been terminated due to liquidation of the court or attaining retirement age.

2. The amount of compensation under paragraph 1 of this article shall be:

a) for a chairperson of a court of appeals (for a person with an equivalent status) whose powers have been expired/terminated – the state pension plus 60% of the state pension multiplied by the years of service as a judge of a common court;

b) for a deputy chairperson of a court of appeals (for a person with an equivalent status) whose powers have been expired/terminated – the state pension plus 55% of the state pension multiplied by the years of service as a judge of a common court;

c) for a chairperson of a chamber (panel) of a court of appeals (for a person with an equivalent status) whose powers have been expired/terminated – the state pension plus 50% of the state pension multiplied by the years of service as a judge of a common court;

d) for a judge of a court of appeals whose powers have been expired/terminated – the state pension plus 45% of the state pension multiplied by the years of service as a judge of a common court;

e) for a chairperson of a district (city) court whose powers have been expired/terminated – the state pension plus 40% of the state pension multiplied by the years of service as a judge of a common court;

f) for a chairperson of a district (city) court panel whose powers have been expired/terminated – the state pension plus 35% of the state pension multiplied by the years of service as a judge of a common court;

g) for a judge of a district (city) court whose powers have been expired/terminated – the state pension plus 30% of the state pension multiplied by the years of service as a judge of a common court.

Law of Georgia No 3567 of 13 October 2006 - LHG I, No 41, 1.11.2006, Art. 282

Law of Georgia No 2259 of 4 December 2009 - LHG I, No 41, 8.12.2009, Art. 302

Law of Georgia No 6061 of 24 April 2012 - website, 7.5.2012

Law of Georgia No 4579 of 27 November 2015 - website, 10.12.2015

Article 13 - Calculation of compensation for members of the Parliament of Georgia

1. A member of the Parliament of Georgia shall be awarded compensation upon attaining the age of 65 or in the case of the total length of service of at least 25 years, provided he/she has been a member of the Parliament of Georgia for at least six months of the parliamentary term and his/her powers have not been prematurely terminated on the ground provided for by Article 4(2) of the Law of Georgia on the Status of a Member of the Parliament of Georgia. This limitation shall not apply to a member of the Parliament of Georgia whose powers have been prematurely terminated due to taking a position incompatible with the status of a member of the Parliament of Georgia, provided he/she has been appointed to this position by the President of Georgia, has been appointed or approved by the Parliament of Georgia and/or appointed with the consent of the Parliament of Georgia, or has been appointed to a position incompatible with public service. This limitation shall also not apply to a member of the Parliament of Georgia whose powers have been prematurely terminated due to illness or health impairment on the basis of his/her personal application. The above persons shall be awarded compensation according to paragraph 4 of this article.

2. In the case of attaining the age of 65 or the total length of service of at least 25 years, the members of the former Supreme Council elected in 1990 (except for persons defined in paragraph 3 of this article) shall be awarded compensation according to paragraph 4 of this article irrespective of the period of exercising by them of parliamentary powers.

3. The members of the former Supreme Council, who were elected from the Communist Party in 1990 by a majority or proportionality rule and whose parliamentary powers were terminated after the Communist Party had been banned or on the ground of incompatibility of their activities with the status of deputy due to the violation of this Law, shall be awarded compensation under the condition determined by paragraph 1 of this article for members of the Parliament of Georgia (including under the condition of a mandatory six-month period).

4. The amount of compensation for a member of the Parliament of Georgia (Supreme Council) shall be one third of the salary of a current member of the Parliament of Georgia.

5. If former members of the Parliament of Georgia (Supreme Council) are carrying out public activities, they shall be awarded compensation provided for by this article for members of the Parliament of Georgia (Supreme Council) in the amount of their average monthly salary before reaching the compensation limit under paragraph 4 of this article, but not exceeding the established maximum limit.

Law of Georgia No 3567 of 13 October 2006 - LHG I, No 41, 1.11.2006, Art. 282

Article 14 - Calculation of compensation for officers of the Parliament of Georgia

1. Officers of the Parliament of Georgia shall be awarded a compensation upon attaining the age of 65, provided their total length of service is at least 25 years, including 8 years of service in the staff of the Parliament of Georgia.

2. The amount of compensation for officers of the Parliament of Georgia shall be one third of the current average salary of an officer holding the same position.

Article 15 - Calculation of compensation for persons having high diplomatic ranks

Persons having high diplomatic ranks shall be awarded compensation upon attaining the age of 65, the amount of which shall be one third of the average remuneration defined based on the last one year for the position held by them by the time of the termination of their powers.

Law of Georgia No 4619 of 13 April 2007 - LHG I, No 14, 18.4.2007, Art. 114

Law of Georgia No 6061 of 24 April 2012 - website, 7.5.2012

Article 15¹ - Calculation of compensation for officers of civil aviation of Georgia

1. Officers of civil aviation of Georgia, who have been flying with national companies and retired before 1 January 2005, shall be awarded compensation upon attaining the age of 65, provided:

a) a male officer (except for aerologists, air traffic supervisor, and technical staff members of aircraft directly providing technical services to aircraft) has flown at least 6 000 hours;

b) a female officer (except for aerologists, air traffic supervisor, and technical staff members of aircraft directly providing technical services to aircraft) has flown at least 4 800 hours;

c) a male officer’s length of service who is a former aerologists, air traffic supervisor, and a technical staff member of aircraft directly providing technical services to aircraft is no less than 12 years and 6 months;

d) a female officer’s length of service who is a former aerologists, air traffic supervisor, and a technical staff member of aircraft directly providing technical services to aircraft is no less than 10 years.

2. The amount of compensation under the first paragraph of this article:

a) for a former aircraft commander - the pension amount plus the three hundredth of the flown hours multiplied by GEL 10;

b) for former second pilots, flight navigators, flight engineers, commanders of an Antonov AN-2 biplane - the pension amount plus the three hundredth of the flown hours multiplied by GEL 5;

c) for former flight attendants, flight radio operators, - the pension amount plus the three hundredth of the flown hours multiplied by GEL 2;

d) for former aerologists, air traffic supervisor, and technical staff of aircraft directly providing technical services to aircraft - the pension amount plus the length of service in the civil aviation (years) multiplied by GEL 2.

Law of Georgia No 2798 of 17 March 2006 - LHG I, No 8, 24.3.2006, Art. 63

Law of Georgia No 4996 of 20 June 2007 - LHG I, No 25, 5.7.2007, Art. 224

Law of Georgia No 378 of 22 March 2013 - website, 27.3.2013

Law of Georgia No 5018 of 27 April 2016 - website, 13.5.2016

Article 15² - Calculation of compensation for the General Auditor and his/her deputy (deputies)

The General Auditor and his/her deputy (deputies) shall be awarded compensation upon attaining the age of 65 or in the case of the total length of service of at least 25 years, provided the term of office of the General Auditor has expired and his/her deputy (deputies) has exercised their official powers for at least 5 years, in the amount of one third of their average remuneration defined based on the last one year of service by the time of the termination of their powers.

Law of Georgia No 3567 of 13 October 2006 - LHG I, No 41, 1.11.2006, Art. 282

Law of Georgia No 6061 of 24 April 2012 - website, 7.5.2012

Law of Georgia No 6550 of 22 June 2012 - website, 29.6.2012

Article 15³ - Calculation of compensation for employees of the Social Security Office of the Penitentiary Department of the Ministry of Corrections and Legal Assistance of Georgia and of social departments of penitentiary facilities

1. Employees of the Social Security Office of the Penitentiary Department of the Ministry of Corrections and Legal Assistance of Georgia and of social departments of penitentiary facilities shall be awarded compensation upon attaining the age of 65, provided their total length of service is 25 years, including service as social workers in social services of the penitentiary system (irrespective of their legal status and the structure of organisational subordination) for at least 10 years.

2. The amount of compensation for the employees under paragraph 1 of this article in the case of their removal from the position held shall be one third of the remuneration defined for this position.

Law of Georgia No 3527 of 1 May 2015 - website, 18.5.2015

Chapter V - Compensation Due to the Establishment of a Disability Status

Article 16 - Award of compensation due to the establishment of a disability status

1. Persons under Article 5(2)(a), (d¹), (e), (f) and (k) of this Law, whose disability is connected with the period of exercising their official powers, shall be awarded compensation due to the establishment of a disability status.

2. The social provision of persons due to a disability status, except for persons under paragraph 1 of this article, is regulated by the legislation of Georgia.

Law of Georgia No 2798 of 17 March 2006 - LHG I, No 8, 24.3.2006, Art. 63

Law of Georgia No 3567 of 13 October 2006 - LHG I, No 41, 1.11.2006, Art. 282

Law of Georgia No 378 of 22 March 2013 - website, 27.3.2013

Article 17 - Calculation of compensation awarded due to the establishment of a disability status

1. The amount of compensation due to the establishment of a disability status for persons under Article 5(2)(d¹) and (f) during the period of the exercise of their official powers shall be:

a) in the case of the establishment of a persistent disability status, 1,5% of the remuneration by the time of retirement multiplied by 20 years of service, irrespective of the total length of service;

a) in the case of the establishment of a severe disability status, 125% of the compensation provided for by paragraph 1(a) of this article.

2. In the case of the establishment of a disability status for members (former members) of the Parliament of Georgia during the period of exercise of their parliamentary powers, they shall be awarded compensation in the amount of 100% of the compensation for members of the Parliament of Georgia.

3. Former members of the Parliament of Georgia:

a) in the case of the establishment of a severe disability status after the exercise of their parliamentary powers, shall be awarded compensation in the amount of 100% of the compensation for members of the Parliament of Georgia.

a) in the case of the establishment of a persistent disability status, shall be awarded compensation in the amount of 50% of the compensation for members of the Parliament of Georgia.

4. The amount of compensation due to the establishment of a disability status for persons under Article 5(2)(e) shall be:

a) in the case of the establishment of a persistent disability status, 115% of the compensation provided for by Article 8(1)(a) of this Law. In addition, the minimum length of service shall be equated to 20 years;

a) in the case of the establishment of a severe disability status, 125% of the compensation provided for by Article 8(1)(a) of this Law. In addition, the minimum length of service shall be equated to 20 years.

5. The amount of compensation due to the establishment of a disability status for persons under Article 5(2)(k) shall be:

a) in the case of the establishment of a persistent disability status, 115% of the compensation provided for by Article 15¹(2) of this Law for the respective category;

a) in the case of the establishment of a severe disability status, 125% of the compensation provided for by Article 15¹(2) of this Law for the respective category.

Law of Georgia No 2798 of 17 March 2006 - LHG I, No 8, 24.3.2006, Art. 63

Law of Georgia No 3567 of 13 October 2006 - LHG I, No 41, 1.11.2006, Art. 282

Law of Georgia No 378 of 22 March 2013 - website, 27.3.2013

Chapter VI - Compensation Due to the Death of a Breadwinner

Article 18 - Entitlement to compensation due to the death of a breadwinner

1. In the case of the death of persons under Article 5(2)(a-f) during the period of executing their official powers, the family members of deceased persons shall be awarded compensation. Such compensation shall be awarded as determined by this chapter and its amount shall be 75% of the compensation of the person deceased. In addition, the minimum length of service of the person deceased shall be equated to the full length of service defined by law.

2. The compensation under this Law due to the death of a breadwinner is a benefit intended for the family, which implies proportional allocation of the compensation among the members of the family who have lost their breadwinner. The family may select an entitlement to another benefit defined by this Law or the legislation of Georgia for families due to the death of a breadwinner.

Law of Georgia No 378 of 22 March 2013 - website, 27.3.2013

Article 19 - Compensation for employees of law enforcement agencies

1. In the case of the death of military service members under Article 25 of the Law of Georgia on Social Security of Persons Transferred to the Reserve from Military Bodies, Internal Affairs Bodies and the State Protection Service of Georgia, and Their Family Members, the amount of compensation shall be 75% of the compensation provided for by Article 8(1)(a) of this Law, irrespective of the acquisition by the deceased person of entitlement to compensation under Article 8 of this Law by the time of being transferred to the reserve. In addition, the minimum length of service shall be equated to 20 years. The compensation shall be awarded to the children of the deceased person before they attain the age of 18, his/her disabled spouse, parents and children.

2. In the case of the death of persons holding public positions in the Investigation Service of the Ministry of Finance of Georgia during the period of executing their official powers, the amount of compensation shall be 75% of the compensation provided for by Article 8(1)(a) of this Law, irrespective of the acquisition by the deceased person of entitlement to compensation under the same law. In addition, the minimum length of service shall be equated to 20 years. The compensation shall be awarded to the children of the deceased person before they attain the age of 18 and his/her disabled spouse.

3. In the case of the death of an employee of the Prosecutor's Office during the period of executing his/her official powers, his/her children shall be awarded compensation before they attain the age of 18 in the amount of 75% of the compensation that the employee of the Prosecutor's Office would have been awarded after attaining the age of 65, irrespective of the acquisition by the deceased person of entitlement to such compensation. In addition, the minimum length of service shall be equated to 20 years.

4. In the case of the death of persons having military or special state ranks employed in the General Inspection, the Investigation Department and the Special Penitentiary Service of the Ministry of Corrections and Legal Assistance of Georgia, the amount of compensation shall be 75% of the compensation provided for by Article 8(1)(a) of this Law, irrespective of the acquisition by the deceased person of entitlement to compensation under the same law. In addition, the minimum length of service shall be equated to 20 years. The compensation shall be awarded to the children of the deceased person before they attain the age of 18, his/her disabled spouse, parents and children.

Law of Georgia No 4277 of 29 December 2006 - LHG I, No 51, 31.12.2006, Art. 436

Law of Georgia No 5031 of 22 June 2007 - LHG I, No 26, 11.7.2007, Art. 238

Law of Georgia No 4384 of 11 March 2011 - website, 22.3.2011

Law of Georgia No 378 of 22 March 2013 - website, 27.3.2013

Law of Georgia No 2242 of 16 April 2014 - website, 2.5.2014

Law of Georgia No 3527 of 1 May 2015 - website, 18.5.2015

Article 20 - Compensation due to the death of a judge

1. In the case of the death of a member (former member) of the Constitutional Court of Georgia, his/her children, before they attain the age of 18, and his/her disabled spouse and children (irrespective of their age) shall be awarded compensation in the amount of 75% of the compensation for a judge of the Constitutional Court of Georgia, irrespective of the acquisition by the deceased person of entitlement to compensation for judges.

2. In the case of the death of a judge of the Supreme Court of Georgia, his/her children, before they attain the age of 18, and his/her disabled spouse and children (irrespective of their age) shall be awarded compensation in the amount of 75% of the compensation for a judge of the Supreme Court of Georgia, irrespective of the acquisition by the deceased person of entitlement to compensation for judges.

3. In the case of the death of a judge of a common court, his/her children, before they attain the age of 18, and his/her disabled spouse and children (irrespective of their age) shall be awarded a compensation in the amount of 75% of the compensation for a judge of a common court, irrespective of the acquisition by the deceased person of entitlement to compensation for judges. In addition, the minimum length of service shall be equated to 10 years.

Article 21 - Compensation due to the death of a member (former member) of the Parliament of Georgia

In the case of the death of a member (former member) of the Parliament of Georgia, his/her children, before they attain the age of 18, and his/her disabled spouse and children (irrespective of their age) shall be awarded compensation in the amount of 75% of the compensation for a member of the Parliament of Georgia, irrespective of the acquisition by the deceased person of entitlement to compensation for members of the Parliament of Georgia.

Article 22 - Compensation due to the death of former senior political officials of Georgia

In the case of the death of former senior political officials of Georgia, the social security of their family members shall be regulated according to the procedure and conditions established by the Law of Georgia on the Guarantees of Social Security for Family Members of Former Senior Political Officials of Georgia.

Chapter VI¹ - Compensation Due to the Death of a Family Member

Law of Georgia No 866 of 25 July 2013 - website, 19.8.2013

Article 22¹ - Entitlement to compensation awarded due to the death of a family member

1. Persons under Article 5(2)(l-o) shall be awarded compensation due to the death of a family member.

2. The amount of compensation to be paid to persons under paragraph 1 of this article shall be GEL 500 in 2014, and GEL 1 000 from 2015.

3. The compensation under this Law due to the death of a family member is a benefit intended for the family, which implies proportional allocation of compensation among the family members of the deceased person (parents, spouse, children before they attain the age of 18, disabled children (irrespective of their age)).

4. In the case of the death of two or more members of a family, persons defined in Article 5(2)(l-o) of this Law shall receive compensation for each deceased family member separately.

Law of Georgia No 866 of 25 July 2013 - website, 19.8.2013

Law of Georgia No 3894 of 3 July 2015 - website, 10.7.2015

Law of Georgia No 5598 of 24 June 2016 - website, 13.7.2016

Chapter VII - Administering Compensation/State Academic Stipends

Article 23 - Administering Compensation/State Academic Stipends

1. The right and obligation of a compensation/state academic stipend administration authority/competent authority shall be to:

a) award, organise payment of, suspend, resume, terminate and recalculate compensation/state academic stipends;

b) use appropriate software and automated management tools, an electronic records management system and an electronic signature in its activities. Electronic documents and their printed forms have same legal force as tangible forms of documents.

2. The correspondence between an applicant for compensation and a recipient of compensation and the competent authority may be carried out in written or electronic form. The correspondence in both forms has the same legal force. However, any notification or other document sent in electronic form is deemed delivered upon its receipt by an addressee.

Law of Georgia No 6061 of 24 April 2012 - website, 7.5.2012

Article 24 - (Deleted)

Law of Georgia No 6061 of 24 April 2012 - website, 7.5.2012

Chapter VIII - Award of Compensation/State Academic Stipends

Article 25 - Rights and obligations of recipients of compensation/state academic stipends

1. A recipient of compensation/a state academic stipend may:

a) receive compensation/a state academic stipend according to the procedure and in the amount established by this Law;

b) receive supplementary social benefits according to the legislation of Georgia;

c) enjoy other rights provided for by the legislation of Georgia.

2. A recipient of compensation/a state academic stipend shall:

a) notify the competent authority of circumstances giving rise to the termination of payment of compensation/state academic stipend, not later than 15 days after the occurrence of these circumstances;

b) fulfil other obligations provided for by the legislation of Georgia.

Article 26 - Applying for compensation /state academic stipend

1. An application for compensation/state academic stipend with all the necessary documents shall be submitted to the competent authority.

2. (Deleted – 24.4.2012, No 6061).

3. The list of documents required for the award of compensation/state academic stipend, the procedure and conditions for maintaining corresponding documents and for awarding compensation /state academic stipends are determined by a normative act of the Minister.

Law of Georgia No 6061 of 24 April 2012 - website, 7.5.2012

Article 27 - Decision on awarding compensation/state academic stipend

1. The competent authority shall consider an application for compensation/state academic stipend not later than 15 days after the application and all necessary documents have been submitted to the competent authority.

2. If the competent authority decides to award compensation/state academic stipend, the compensation/state academic stipend shall be awarded on the first day of the month following the month of submitting the application, provided the application and necessary documents have been submitted in the month of the origination of the grounds for entitlement to compensation/state academic stipend or any time after the origination of this ground, and provided the application and necessary documents meet the conditions for receiving compensation/state academic stipends under this Law, except as provided for by paragraph 3 of this article.

3. Compensation due to the death of a breadwinner shall be awarded from the date of the death of the breadwinner, provided the application is submitted to the competent authority within three months after the origination of this ground. If this period has elapsed, the compensation shall be awarded as determined by paragraph 2 of this article.

Law of Georgia No 6061 of 24 April 2012 - website, 7.5.2012

Law of Georgia No 378 of 22 March 2013 - website, 27.3.2013

Article 28 - Recalculation of the amount of compensation

1. The amount of compensation for persons under Article 8, 9, 12 and 15¹, and Article 17(4) and (5), and Article 19(1) and (2) of this Law shall be subject to recalculation.

2. The recalculation of compensation shall be performed automatically:

a) according to the changes to the amount of pensions provided for by the legislation of Georgia;

b) for persons under Article 8(1)(b) of this Law, in the case of attaining the age of 65, from the first day of the following month.

Law of Georgia No 378 of 22 March 2013 - website, 27.3.2013

Law of Georgia No 4579 of 27 November 2015 - website, 10.12.2015

Chapter IX - Payment of Compensation/State Academic Stipends

Article 29 - Procedure for the payment of compensation/state academic stipends

1. Compensation state academic stipends shall be paid in the territory of Georgia.

2. Compensation/state academic stipends shall be paid at any place, according to the recipient's desire.

3. The payment of compensation/state academic stipends for the current month, including their delivery, shall be performed not later than the end of the following month.

4. The payment of compensation/state academic stipends shall be organised according to the procedure and conditions established by a normative act of the Minister.

Article 30 - Suspending and resuming the payment of compensation/state academic stipends

1. The payment of compensation/state academic stipends shall be suspended on the first day of the month following the month in which one of the following grounds have occurred:

a) the person fails to draw his/her compensation/state academic stipend for six consecutive months;

b) the person having a disability status fails to appear for re-verification of his/her disability status in a corresponding health care facility within the established period of time for a valid reason (because of staying in hospital, health resort or other in-patient medical institution);

c) the person is in detention.

2. The payment of compensation/state academic stipends shall be resumed on the first day of the following month, and the undrawn amount of the past period, but not of more than one year after the date of suspending the payment of compensation/state academic stipends, shall be subject to payment:

a) in the case provided for by paragraph 1(a) of this article, after the recipient of compensation/state academic stipend submits to the competent authority an application for the resumption of the payment of compensation/state academic stipend;

b) in the case provided for by paragraph 1(b) of this article, after the recipient's disability status is re-verified and the recipient submits to the competent authority an application for the resumption of the payment of compensation/state academic stipend and the document confirming the disability status. However, if, during the re-verification, another disability status has been established for a person having a disability status, the compensation for the past period shall be paid according to the previous disability status. Other valid reasons shall be defined by a normative act of the Minister;

c) in the case provided for by paragraph 1(c) of this article, when a judgment of acquittal is delivered with respect to the person, after this person submits to the competent authority an application and the document (documents) issued by an authorised body.

Law of Georgia No 4858 of 5 June 2007 - LHG I, No 20, 16.6.2007, Art. 174

Law of Georgia No 6061 of 24 April 2012 - website, 7.5.2012

Law of Georgia No 378 of 22 March 2013 - website, 27.3.2013

Article 31 - Termination of the payment of compensation/state academic stipends

1. The payment of compensation/state academic stipends shall be terminated on the first day of the month following the month in which one of the following grounds have occurred, unless otherwise provided for by this paragraph:

a) the person files a personal application;

b) the person carries out public activities;

c) the person loses disability status;

d) a minor attains the age of 18;

e) the person having a disability status fails to appear for re-verification of his/her disability status in a corresponding health care facility within the established period of time, if the circumstance under sub-paragraph (b) of this paragraph does not exist, when the payment of compensation is suspended;

f) a court's judgment of conviction enters into force, under which the person has been sentenced to imprisonment, on the date of the suspension of the payment of compensation;

g) the person renounces or loses the citizenship of Georgia;

h) the person is awarded a state pension;

i) the recipient of compensation/state academic stipend dies;

j) a period of three years from the date of the suspension of the payment of compensation/state academic stipend has elapsed;

k) on other grounds related to this Law.

2. One of the sources for the termination of the payment of compensation/state academic stipends is information contained in an electronic database maintained by the Civil Status Registration Authority, which is automatically provided to the competent authority.

Law of Georgia No 4858 of 5 June 2007 - LHG I, No 20, 16.6.2007, Art. 174

Law of Georgia No 2710 of 9 March 2010 - LHG I, No 12, 24.3.10, Art. 76

Law of Georgia No 5578 of 20 December 2011 - website, 8.12.2011

Law of Georgia No 6317 of 25 May 2012 - website, 19.6.2012

Law of Georgia No 6061 of 24 April 2012 - website, 7.5.2012

Article 32 - Payment of the undrawn amount of compensation/state academic stipend if the person dies

1. If a person fails to draw his/her compensation/state academic stipend before his/her death, the compensation/state academic stipend shall be paid to his/her heirs, provided they apply for the undrawn amount not later than one year after the person's death.

2. If several heirs apply for the undrawn amount of compensation/state academic stipend, the payable amount shall be distributed between them as determined by the legislation of Georgia.

Chapter X - Withholding an Amount from Compensation/State Academic Stipend

Article 33 - Withholding an Amount from Compensation/State Academic Stipend

1. An amount may be withheld from compensation/state academic stipend only based on the decision of the competent authority or a court.

2. An overpaid compensation a state academic stipend may be recouped by withholding not more than 20 % of the compensation/state academic stipend awarded by a decision of the competent authority if the overpayment is caused due to incorrect data submitted by the recipient.

3. Not more than 50 % of the awarded compensation/state academic stipend may be withheld under a court decision.

Chapter XI - Source of Funding for Compensation/State Academic Stipends

Article 34 - Source of Funding for Compensation/State Academic Stipends

The State Budget of Georgia is the source of funding for compensation/state academic stipends.

Chapter XII - Liability for Violations of this Law

Article 35 - Liability for violations of this Law

The liability for violations of this law is determined by the legislation of Georgia.

Chapter XIII - Transitional Provisions

Article 36 - Preservation of rights acquired before the entry of this Law into force

1. From the date of the entry of this Law into force, pensions (together with supplementary pensions) awarded and paid under the legislative acts listed in paragraph 2 of this article shall be, accordingly, called as compensation and state academic stipends, and their payment shall continue as that of compensation state academic stipends awarded according to this Law.

2. Compensation/state academic stipends having been already awarded under legislative acts before the entry of this Law into force, shall not be subject to recalculation according to Chapters III, IV, V and VI of this Law, namely on the basis of:

a) the Organic Law of Georgia on Common Courts of Georgia;

b) the Law of Georgia on the Guarantees of Social and Legal Protection of Judges;

c) the Law of Georgia on the Status of a Member of the Parliament of Georgia and the Law of Georgia on the Compulsory Life and Health Insurance of Members of the Parliament of Georgia, and the Pension Provision of Members of the Parliament of Georgia, the Staff of the Parliament of Georgia, and Officers of the Auditorial Activity Council of the Parliament of Georgia;

d) the Law of Georgia on the Financial Police;

e) the Law of Georgia on the Prosecutor's Office;

f) the Law of Georgia on the Pension Provision of Persons Transferred to the Reserve from Military Bodies, Internal Affairs Bodies and the State Protection Service of Georgia, and Their Family Members;

g) the Law of Georgia on Intelligence Activities;

h) the Law of Georgia on the Guarantees of Social Security for Academics.

3. The limitation regarding the recalculation defined in this article shall not apply to the cases provided for by Article 28 of this Law.

Law of Georgia No 378 of 22 March 2013 - website, 27.3.2013

Article 37 - Rights of persons who are not provided for by this Law

Before the entry of this Law into force, the payment of compensation according to the legislative acts listed in Article 36 of this Law, the receipt of which is not provided for by this Law, shall continue until the entry of this Law into force, before the origination of the grounds for its termination under the legislation in force.

Article 37¹ - Legal regulation of the payment of compensation to members of the former Supreme Council elected in 1990

1. The members of the former Supreme Council elected in 1990, defined in Article 13(2) of this Law, may, in the case of meeting the conditions referred to in paragraph 2 of this article, receive as compensation the amount of a parliamentary pension to which they became entitled according to the legislation of Georgia but have not used this entitlement and have not received the respective amount. In addition, the competent authority shall begin counting the deferred period from 1 January 2002 when calculating the amounts to be paid as the compensation.

2. The persons under paragraph 1 of this article may receive the above amount as compensation if they meet the requirements under this Law for the receipt of compensation and submit a corresponding application to the competent authority before 20 January 2007.

3. The competent authority shall ensure the payment of respective compensation to persons under paragraph 1 of this article according to the schedule approved by the Minister from 1 January 2008 to not later than 1 January 2010.

Law of Georgia No 3939 of 14 December 2006 - LHG I, No 48, 22.12.2006, Art. 330

Article 37² - Legal regulation of the payment of compensation to fire-fighters-rescuers/rescuers of Emergency Management Agency, a LEPL acting within the system of the Ministry of Internal Affairs of Georgia, and their family members

The entitlement for receiving compensation by fire-fighters-rescuers/rescuers having a state special rank of Emergency Management Agency, a LEPL acting within the system of the Ministry of Internal Affairs of Georgia, due to seniority retirement, as well as by family members of fire-fighters-rescuers/rescuers in cases provided for by Article 55³(2)(o) of this Law shall commence from 1 January 2017.

Law of Georgia No 5598 of 24 June 2016 - website, 13.7.2016

Article 38 - The amount of compensation for specific persons

1. A person, whose amount of compensation exceeds the amount of compensation recalculated according to Article 28 of this Law, shall retain the amount of compensation fixed for him/her before 1 April 2013 until the ground for terminating payment of the compensation under Article 31 of this Law emerges, except for persons provided for in Article 9, 12 and 15¹ of this Law. Furthermore, a person whose compensation was suspended before 1 April 2013 shall be paid the compensation in the amount fixed under the procedure effective before 1 April 2013 if he/she applies to a competent authority, and the compensation shall be paid from 1 April 2013 in the recalculated amount, except for persons provided for in Article 9, 12 and 15¹ of this Law. The amount of compensation shall be automatically recalculated.

2. A person under Article 9 or 12 of this Law, whose amount of compensation exceeds the amount of compensation recalculated according to Article 28 of this Law, shall retain the amount of compensation fixed for him/her before 1 January 2016. Furthermore, a person under Article 9 or 12 of the same Law, whose compensation was suspended before 1 January 2016, shall be paid the compensation in the amount fixed under the procedure effective before 1 January 2016 if he/she applies to a competent authority, and the compensation shall be paid from 1 January 2016 in the recalculated amount. The amount of the compensation shall be recalculated automatically.

3. The amount of compensation for a person provided for in Article 15¹(2)(a-c) shall be recalculated from the first day of the month following the month of submitting to an appropriate authority a document/certificate on the hours flown by the person issued by an appropriate agency. The amount of compensation for a person provided for in Article 15¹(2)(d) shall be recalculated from the first day of the month following the month of submitting to an appropriate authority a document/certificate on the length of service by the person in a civil aviation issued by an appropriate agency. A person under Article 15¹ of this Law, whose amount of compensation exceeds the amount of compensation recalculated according to Article 28 of this Law, shall retain the amount of compensation fixed for him/her before 1 January 2017, before the grounds for the termination of compensation under Article 31 of this Law arises. Furthermore, a person under Article 15¹ of this Law whose compensation was suspended before 1 January 2017 shall be paid the compensation in the amount fixed under the procedure effective before 1 January 2017 if he/she applies to a competent authority, and the compensation shall be paid from 1 January 2017 in the recalculated amount

Law of Georgia No 378 of 22 March 2013 - website, 27.3.2013

Law of Georgia No 4579 of 27 November 2015 – website, 10.12.2015

Law of Georgia No 5018 of 27 April 2016 - website, 13.5.2016

Article 38¹ - Legalisation of overpaid compensation

1. Compensation overpaid before 1 December 2016 shall be deemed legal and shall not be refunded.

2. Administrative proceedings, court proceedings, and/or enforcement proceedings concerning cases of refunding of compensation legalised under paragraph 1 of this article shall be terminated.

3. Amounts withheld from compensation before 1 December 2016 and amounts paid in any other form to the state budget of Georgia by persons who are indebted due to overpayment of compensation shall not be refunded.

Law of Georgia No 5263 of 11 November 2011 - website, 16.11.2011

Law of Georgia No 6540 of 22 June 2012 - website, 4.7.2012

Law of Georgia No 1491 of 1 November 2013 - website, 11.11.2013

Law of Georgia No 3894 of 3 July 2015 - website, 10.7.2015

Law of Georgia No 199 of 22 December 2016 - website, 29.12.2016

Article 39 - Grounds for awarding compensation/state academic stipends within the transitional period

1. Within the transitional period, state academic stipends shall be paid to academics, and other persons under this article, as determined by the same article.

2. This article shall apply to:

a) professors of the Legal Entity under Public Law - the Higher Educational Institution, who have been released from their positions due to their transfer to positions under the Law of Georgia on Higher Education and/or due to reorganisation and liquidation of the legal entity, as well as the auxiliary staff thereof directly involved in educational and research activities.;

b) persons employed in scientific positions who have been released from their positions in connection with the establishment of state research institutions as legal entities under public or the re-organisation or liquidation of the Legal Entity under Public Law - the Research Institution, as well as the staff directly involved in research activities.

2¹. The Minister of Labour, Health and Social Affairs of Georgia shall, by a normative act, approve the list of positions under paragraph 2 of this article on the recommendation of the Minister of Education and Science of Georgia.

3. Persons under paragraph 2 of this article shall have the right to receive a state academic stipend as determined by this article, provided they have worked (carried out research or academic and teaching activities) for at least 20 years on scientific or academic positions and have attained the age of 50 or over, shall be released from the positions held:

a) according to their desire if the person has worked in the respective institution for at least 5 years;

b) in connection with transfer to positions under the Law of Georgia on Higher Education, the establishment of state research institutions as legal entities under public or the re-organisation or liquidation of the Legal Entity under Public Law - the Higher Educational Institution or the Research Institution.

4. This article shall apply to persons retired during the period from 1 June 2005 to 31 December 2007 on the ground provided for by paragraph 3 of this article.

5. The amount of a state academic stipend for persons under paragraph 3 of this article shall be defined as follows:

a) 80% of the minimum remuneration of a public officer, for persons holding a Doctor of Science degree and persons having academic titles of a professor in higher art education institutions;

b) 60% of the minimum remuneration of a public officer, for persons holding a Candidate of Sciences degree and persons having academic titles of an associate professor in higher art education institutions;

c) 40% of the minimum remuneration of a public officer for other persons.

6. State academic stipends shall be paid as provided for by this article for five calendar years after the retirement of persons under the same article from respective scientific, academic or auxiliary positions, but not later than 31 December 2011.

7. The funding received by persons under this article from budget appropriations before the entry of this Law into force, except for funding received under labour agreements, shall be considered as a state academic stipend received according to this article and the payment thereof shall continue as of state academic stipends awarded according to this law. In addition, the awarded state academic stipends shall be re-calculated according to these articles before the entry of this Law into force.

Law of Georgia No 4132 of 27 December 2006 - LHG I, No 49, 29.12.2006, Art. 363

Law of Georgia No 4175 of 27 December 2006 - LHG I, No 49, 29.12.2006, Art. 364

Article 40 - Normative acts to be issued in connection with the entry of this Law into force

The Minister of Labour, Health and Social Affairs of Georgia shall, by 15 March 2006, prepare and approve the list of documents necessary for the award and payment of compensation/state academic stipends, and the procedure for maintaining appropriate documents.

Article 41 - Measures to be carried out in connection with the entry of this Law into force

1. The competent authority shall, after the entry of this Law into force, ensure the compliance of the amounts of compensation awarded under Article 36(2) of this Law with the Article 7 of this Law.

2. Before the re-organisation of state research institutions into legal entities under public law, the state academic stipends determined by this Law shall also be paid to persons employed in the above institutions in scientific positions, in the amounts and according to the procedures established by this Law.

3. Relations connected with the compensation of damage caused to the health of employees when performing labour duties (so-called pensions arising out of the right of recourse) are regulated by separate legislation.

4. The Parliament of Georgia and the Government of Georgia shall prepare legislative proposals on the improvement and harmonisation of measures for the social protection of members of legislative, judicial, and executive authorities.

5. The Government of Georgia shall, by 1 January 2007, prepare proposals for the improvement of measures for the social protection of academics.

Chapter XIV - Final Provisions

Article 42 - Invalid normative act

The Law of Georgia on the Social Security Guarantees for Academics shall be considered invalid upon the entry of this Law into force.

Article 43 - Entry of this Law into force

This Law shall enter into force as from 1 January 2006.

President of Georgia                                                                                                                                                M. Saakashvili

Tbilisi

27 December 2005

No 2549-რს