PABLO CRESPO SABARIS: I. HECHOS PRIMERO A TERCERO

suspension or termination of the pension lapses.

(2) The pension shall be resumed or re-granted as from the day of lapse of the grounds for the suspension or termination thereof, provided the application is submitted within three years after the said date, or as from the date of submission of the said application, provided the time limit has been missed.

(3) (Supplemented, SG No. 99/2009, effective 1.01.2010) Any pension suspended in pursuance of Item 2 of Article 95(1) herein shall be resumed as from the date of the suspension thereof if it is ascertained that the pensioner has failed to present himself or herself for re-certification for good reasons.

Procedure for Granting and Modification of Pension

Article 98. (1) (Amended, SG No. 64/2000; SG No. 99/2009, effective 1.01.2010) Pensions and supplements thereto shall be granted, modified, updated, suspended, resumed, terminated and re-granted on a directive issued by:

1. the official in charge of retirement insurance at the local division of the National Social Security Institute, or other officials appointed by the Director of the local division of the National Social Security Institute;

2. (Supplemented, SG No. 100/2010, effective 1.01.2011) the official at the National Social Security Institute in charge of the granting and payment of pensions under international agreements for persons with permanent address abroad, or other officials appointed by the Governor of the National Social Security Institute.

(2) (Amended, SG No. 105/2005; SG No. 99/2009, effective 1.01.2010) The officials under Paragraph (1) shall furthermore issue directives on restitution of mispaid amounts for pension. The amounts due under the directives shall be collected from the pension of the pensioner. In case the pension has been terminated, the amounts shall be collected according to the procedure established by the Tax and Social-Insurance Procedure Code. The said directives shall be appealable according to the procedure established by Article 117 herein. In those cases where there are distraints levied on the pension according to the Tax and Social- insurance Procedure Code and the Civil Procedure Code, the takings shall be collected in the following sequence – maintenance liabilities, unduly paid pension amounts, other public and private takings.

(3) Apparent errors of fact in the directives under Paragraphs (1) and (2) shall be corrected by the authority which has issued the said directives. The correction shall be effective as from the day of granting, modification, updating, suspension, resumption, termination and re-granting of the pension.

(4) (New, SG No. 112/2004) The directives under Paragraph (1) regarding invalidity pensions and the attendance supplement shall be issued on the basis of a decision of a medical panel with the local division of the National Social Security Institute. The said medical panel shall consist of a chairperson and two members, who shall be designated by the director of the local division of the National Social Security Institute.

(5) (New, SG No. 112/2004; amended, SG No. 41/09; amended, SG No. 59/2010, effective 01.01.2011) The decisions of the medical panel shall be issued in a 14-days term form the receipt from the regional card index of medical specialists' reports on expert decisions designating 50 or more than 50 percent permanently reduced ability to work, after consideration of the medical documentation certifying the current health status of the person, the decisions of the Territorial Medical Expert Board and the National Medical Expert Board determining the extent of the permanently reduced working capacity/type and degree of

disability, the date of disablement and the period of the disability.

(6) (New, SG No. 112/2004; amended SG No. 99/2009, SG No. 59/2010, effective 1.01.2011) In case the medical panel determines that the expert decisions of the Territorial Medical Expert Board and the National Medical Expert Board have been incorrectly issued, the chairperson of the said panel shall lodge an appeal against the decisions of the medical expert evaluation authorities within 14 days after their receipt in the respective local division of the National Social Security Institute. Any appeal against the decisions of the Territorial Medical Expert Board shall be lodged with the National Medical Expert Board, and any appeal against the decisions of the National Medical Expert Board shall be lodged with the Administrative Court – Sofia under the Administrative Procedure Code.

(7) (New, SG No. 112/2004; amended SG No. 41/2009, SG No. 99/2009, effective 1.01.2010) If the chairperson of the medical panel has lodged an appeal against the decision of the Children’s Medical Expert Board, Territorial Medical Expert Board or the National Medical Expert Board, or pursuant to the provisions of Art. 112 of the Law on Health, an invalidity pension shall be granted, resumed and re-granted to the amount of a social old-age pension until the entry into effect of the decision of the National Medical Expert Board or of the judgment of the court, as the case may be, on the appealed decision of the medical expert evaluation authorities,

(8) (New, SG No. 41/2009, amended SG No. 99/2009, effective 1.01.2010) Following the entry into effect of the decision under Paragraph (7), the pension shall be allocated in the actual amount as from the date of entitlement acquisition, respectively from the date on which it is resumed or re-granted, should the person's working capacity be assessed as being permanently reduced by 50 per cent and over 50 per cent.

(9) (New, SG No. 99/2009, effective 01.01.2010) No supplements under this Code or other statutory acts shall be paid to the pension under Paragraph (7).

(10) (New, SG No. 99/2009, effective 01.01.2010) The pensions under para 7 may not be received together with other kind of pension.

Revision or Revocation of Directive

Article 99. (1) (Amended, SG No. 100/2010, effective 1.01.2011) Any effectuated directive under Article 98 herein may be revised or revoked by the authority that has issued the said directive where:

1. (Amended, SG No. 100/2010, effective 1.01.2011) the pensioner presents new evidence of acquired length of contributory service, contributory income, civil status, etc.;

2. the pension has been granted on the basis of a false or counterfeited document or a document making a false statement;

3. the disablement for which the pension has been granted was caused by the person deliberately or has occurred as a result of a premeditated crime committed thereby;

4. the death of the pension recipient has been caused deliberately by the survivor or is a result of a deliberate crime committed by the said survivor;

5. the pension has been misgranted, or the granting thereof has been misrefused; 6. the pension is determined at a larger or smaller amount than due.

(2) In the cases under Paragraph (1), the directive shall be revised or revoked: 1. under Item 1: as from the date of presentation of evidence;

2. under Items 2 to 6: as from the date of granting or modification of the pension or, in case of misrefusal, as from the date under Article 94 herein.

(3) (New, SG No. 100/2010, effective 1.01.2011) In case that within the term of appealing the direction, new evidence has been produced for length of contributory service,

contributory income, civil status, etc, the directive shall be canceled or changed as of the date of granting, modification or refusal to grant the pension.

Updating of Pensions

Article 100. (Amended, SG No. 41/2001, SG No. 112/2004, SG No. 104/2005, SG No. 105/2006) Any pensions granted until the 31st day of December of the preceding year shall be updated on an annual basis as from the 1st day of July by decision of the Supervisory Board of the National Social Security Institute through adjustment by a percentage equal to the sum total of 50 per cent of the increase of the contributory income and 50 per cent of the consumer price index for the last preceding calendar year.

Receipt of Multiple Pensions

Article 101. (1) The following pensions may not be received simultaneously:

1. a personal contributory-service and retirement-age pension with a survivor contributory-service and retirement-age pension;

2. a personal or a survivor contributory-service and retirement-age pension with a personal or survivor general-sickness invalidity pension;

3. a personal general-sickness invalidity pension with a survivor general-sickness invalidity pension;

4. (New, SG No. 64/2000, amended SG No. 100/2010, effective 1.01.2012) a person- specific pension and a special merits pension with another type of pension.

(2) Where the person is entitled to more than one personal invalidity pension for various sicknesses, the pension of the largest amount shall be assigned.

(3) (Supplemented, SG No. 64/2000, amended SG No. 100/2010, effective 1.01.2012) Upon entitlement to multiple pensions, one of the pensions, at the election of the recipient, shall be received in full amount and 50 per cent of the rest of the pensions.

(4) Upon attainment of the age under Article 68 herein, war-disabled persons shall receive the full amount of the two pensions assigned thereto: a military invalidity pension and a contributory-service and retirement-age pension.

(5) Upon granting of a survivor pension to the survivors of a war-disabled person who has received or was entitled to the two pensions under Paragraph (4) in full amount, the full amount of the two pensions shall be taken as a basis.

(6) (New, SG No. 1/2002) Parents may not receive simultaneously a personal and a survivor pension, with the exception of the cases under Paragraph (7).

(7) (Prev. Paragraph (6), SG No. 1/2002) Parents of persons who have died during conscription shall receive the full amount of their personal pension and the pension granted under Article 82 (4) herein.

Pension Recalculation

Article 102. (Amended, SG No. 64/2000) (1) (Amended, SG No. 1/2002) Persons who have been granted a contributory-service and retirement-age pension, a general-sickness invalidity pension or an employment-injury or occupational-disease invalidity pension may request recalculation of the pension for contributory service and contributory income acquired after retirement, if this is more favourable for such persons. The pension shall be recalculated according to the procedure established by Article 70 or by Articles 75 to 77 herein, respectively, for contributory service acquired after retirement.

(2) (New, SG No. 104/2005, effective 27.12.2005) The national average monthly contributory income for twelve calendar months prior to the month of first grant of pension shall be taken into consideration upon recalculation under Paragraph (1).

(3) (Prev. Paragraph (2), SG No. 104/2005, effective 27.12.2005) Persons under Paragraph (1) may request recalculation of their pension for contributory service after retirement according to the procedure established by Article 70 (1) and Article 75 (1) herein.

(4) (New, SG No. 104/2005, amended SG No. 99/2009, effective 1.01.2010) In respect of the pensions granted prior to the 1st day of January 2000, the national average monthly contributory income for 2007 shall be taken into consideration upon recalculation

(5) (New, SG No. 100/2010, effective 1.01.2011) Upon recalculation of the pension, the contributory service logged after 31 December, 2010 shall not be transformed pursuant to Article 104.

Attendance Supplement

Article 103. (Amended, SG No. 41/2009, effective 1.07.2009) Pensioners with permanently reduced working capacity/type and degree of disability exceeding 90 per cent who constantly need attendance shall receive a supplement to the pension assigned thereto at the amount of 75 per cent of the social old-age pension.

Work Categories

Article 104. (1) The Council of Ministers shall determine which type of work belongs to which category depending on the nature and the specific working conditions.

(2) (Supplemented, SG No. 1/2002, amended, No. 67/2003) Upon retirement on grounds of contributory service and retirement age, the contributory service shall be transformed with three years of contributory service under Category I or four years under Category II counting as five years of service under Category III.

(3) (Amended, SG No. 64/2000) For workers, engineers and technical experts and managerial employees up to mine over-man inclusive, hired for work underground in deep mines, in underground prospecting and hydraulic-engineering projects. in tunnel and deep mine construction, one year of contributory service under Work Category I shall count as three years of contributory service under Work Category III.

(4) The contributory service of the persons under Article 69 herein shall be transformed with three years of actually worked time counting as five years of contributory service under Work Category III.

(5) For persons under Article 69 herein, who are members of the flight personnel of jet- propelled aviation, the submarine crews and members of the diving personnel, one year of actually worked time shall count as three years of contributory service under Work Category III.

(6) (Amended, SG No. 82/2006) For persons under Article 69 herein, who are members of the flight personnel of propeller-driven aviation, the paratroopers, servicemen posted at the guard parties with the border police precincts and on board surface ships, one year of actually worked time shall count as two years of contributory service under Work Category III.

(7) (Amended, SG No. 35/2009, effective 12.05.2009) For persons under Article 69 herein, in case of participation in operations and missions outside the country's territory with a high level of risk, as well as in case of participation in combat operations or in time of war, one year of actually worked time shall count as three years of contributory service under Work Category III.

(8) (New, SG No. 35/2009, effective 12.05.2009) For the persons under article 69 in case of participation in operations and missions outside the country's territory with a low level of risk one year of actually served time shall be deemed two years of contributory service of category three.

Prescription

Article 105. (1) Entitlement to pension shall not be extinguished by prescription. (2) (Amended, SG No. 109/2008, effective 1.01.2009) A receivable for a pension shall be extinguished upon the lapse of a three-year prescription period, considered from 1 January in the year following the year to which it relates.

Secondary Legislation

Article 106. The application of this Chapter and the payment of pensions shall be regulated by an act of the Council of Ministers.

CHAPTER SEVEN