Police officers, firefighters and prison officials who have worked in their professions or positions for at least 25 years are entitled by law to receive an early retirement pension based on years of service.

However, a firefighter who began receiving this pension at the end of May last year was unexpectedly notified by the Social Insurance Board (SKA) on April 21 of this year that the payments had been made in error and would have to be returned. By that time, the firefighter had received a total of €5,159.16 in early retirement benefits.

SKA argued that the payments were unjustified because the firefighter had studied at the Väike-Maarja Rescue School in 2004-2005, during which time their workload had been reduced to 0.6 of a full-time position.

"The aforementioned period cannot be included in the years of service that qualify for an early retirement pension," SKA stated. "As of May 28, 2024, you had not met the requirement of at least 25 years of full-time work in a qualifying profession or position and therefore were not entitled to an early retirement pension."

The notice included SKA's bank account number and the agency expected repayment within 15 days.

For the firefighter, the situation was bewildering: the same agency had officially confirmed just last year that their qualifying years of service would be completed on May 27, 2024 and had approved pension payments starting the next day. By now, however, the money that SKA was asking to be returned had already been spent.

The firefighter wrote to SKA, expressing confusion over why the decision to grant the pension was being revisited in the first place.

"SKA has not specified on what legal basis it can demand repayment of allegedly unjustified pension payments," the firefighter replied, adding that the state's actions toward individuals must be both understandable and legally justified.

They also pointed out that if SKA now claims it made a mistake in granting the pension — and that the recipient was not at fault — then the agency may not have the right to reclaim the money. Such a demand would conflict with the legal principle of legitimate expectation, which protects a person's trust in the validity of an official administrative act issued in their favor.

According to the Estonian Rescue Workers' Union (EPTAÜ), SKA's actions are improper, as completing vocational training is a prerequisite imposed by the employer to qualify for a firefighting position in the first place.

Kalle Koop, the union's chief trustee, told ERR that there is no legal justification for excluding mandatory training periods from the years of service that count toward early retirement pensions.

"Furthermore, the employer paid wages, covered labor taxes and provided vacation time throughout the training period," Koop said.

The Rescue Board also considers participation in training an integral part of the work that entitles one to an early retirement pension.

"Firefighters undergo a 10-month mandatory training program at the Väike-Maarja Rescue School as part of their employment. A valid employment relationship is a prerequisite for being sent to training," explained Marvi Roosaar, head of the personnel department at the Rescue Board.

Roosaar added that during the training period, employees retain their official positions, as evidenced by continued salary payments and employer oversight of participation. Vacation is accrued during training and trainees wear uniforms issued by the employer.

"Because it is not possible to conduct this training at the workplace, and because schooling at the rescue academy takes place in parallel with employment — through hands-on practice — this time cannot be separated from regular working time. It all occurs within the framework of an employment relationship," Roosaar said.

Koop noted that he is currently aware of two cases where SKA is demanding repayment of already issued pension funds from firefighters, as well as one instance where the agency denied early retirement altogether to a firefighter with 25 years of service who had recently left the job — again because SKA does not count training time toward years of service.

"Now the firefighter finds himself in a situation where he has neither a job nor a pension," Koop said.

SKA defeated in court

Several firefighters are currently in ongoing disputes with the Social Insurance Board (SKA), and in one recent case, the agency lost in court.

On April 10 of this year, the Tartu Administrative Court ruled in favor of a Rescue Board employee who had challenged SKA's calculation of their qualifying years of service. The plaintiff had applied to SKA in 2021 for an early retirement pension under the Superannuated Pensions Act. However, SKA argued that the time the applicant spent studying at the Väike-Maarja Rescue School did not count toward their pension-qualifying service.

The court came to a different conclusion. According to Tartu court spokesperson Annett Silm, the court sided with the firefighter, annulled two of SKA's decisions and ordered the agency to reprocess the pension application.

The court found that, under the law, time spent at the rescue school qualifies toward years of service for early retirement — especially since the training was not voluntary but mandatory.

The court also ruled that SKA must pay the claimant late interest starting from November 1, 2024, until the outstanding portion of the pension is paid.

According to Silm, three similar cases involving firefighters and SKA are currently pending before the Tartu Administrative Court and are awaiting decisions.

Agency's interpretation potentially affecting hundreds of rescuers

The head of personnel at the Rescue Board, Marvi Roosaar, noted that the agency generally does not know which firefighters have been issued repayment demands, as pension matters are handled directly between the individual and the Social Insurance Board (SKA). However, the Rescue Board is aware that such demands have been made, as some firefighters have requested supporting documents about their service for use in court filings.

Roosaar pointed out that firefighters can continue accruing years of service for an early retirement pension through the Rescue Board until the end of 2036. To qualify, they must have been in continuous service with the Rescue Board since the end of June 2022. Currently, about 440 employees meet this criterion.

"Based on staff turnover statistics, about 30 of them are likely to leave the Rescue Board before reaching the qualifying service period for an early pension. That means, as of today and over the next 11 years, this interpretation — excluding mandatory firefighter training from pensionable service — would affect at least 410 employees," Roosaar explained.

She added that around 50 of those employees are particularly vulnerable, as their expected service period would fall short of the 2036 deadline if SKA excludes part of their service time.

Roosaar also referenced a decision by the Tallinn Circuit Court from January last year, which clearly stated that periods when a firefighter's service is paused must still be counted toward pension-qualifying service. According to the court, the right to an early retirement pension arises when a person has worked in the qualifying profession or position for the period prescribed by law.

"The law doesn't specifically regulate whether certain periods — such as parental leave or other times when the employee is not actively performing duties — should count toward the qualifying service," Roosaar said.

"That means if a firefighter takes study leave to pursue education unrelated to rescue work, that time does not get deducted from their pensionable service. The same applies to parental leave. But paradoxically, time spent in mandatory training at the rescue school does get excluded," she added, describing the inconsistency.

In the specific case where SKA denied a firefighter's special pension because the training period was not counted toward their service, Roosaar emphasized another important detail: despite an entry in the employment record indicating a pause in service, the firefighter had direct involvement in rescue work. The training was carried out under orders from the employer, was a requirement for the position and included extensive practical experience. Throughout this period, the firefighter was paid a full-time salary, further underscoring that they remained actively employed.

SKA to analyze recent practice in light of court decision

Uku Tampere, spokesperson for the Social Insurance Board (SKA), said the agency has not counted time spent studying at the rescue school toward a firefighter's years of service because current law and the regulation based on it do not permit it.

"SKA is an implementing agency — we apply the law as written, and under current legislation, study time has not been equated with full-time employment as a firefighter," Tampere explained.

He added that SKA is still analyzing how to revise its administrative practices in light of the recent court ruling.

Still, Tampere acknowledged that a final court decision must be followed. "Until the laws and regulations we are required to follow are changed, we must act in accordance with the court ruling," he said.

As for the controversial practice of first granting early retirement pensions to firefighters and only later revoking them after several payments have already been made, Tampere explained that the SKA relies on data provided by the Rescue Board.

"The source data on years of service in the rescue profession comes solely from the Rescue Board. If information about time spent in training is revealed later during a follow-up review — or if the Rescue Board issues updated data — then the pension must be recalculated," he said.

According to Tampere, SKA has not yet issued any formal orders requiring repayment of allegedly unjustified pension sums.

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