Last week, ERR News reported that the Social Insurance Board (SKA) does not count training periods as part of a rescuer's length of service, even though the Rescue Board maintains that training takes place concurrently with work and is not separated from regular working hours. In April, the Tartu Administrative Court sided with a rescuer in a legal dispute on the matter, ruling that SKA had inaccurately interpreted the duration of his service.

This is not the first time rescuers have gone to court with SKA over eligibility for special pensions. In 2023, ERR covered a case in which SKA refused to count the time one rescuer spent on parental leave as part of their length of service, effectively disqualifying them from receiving a years-of-service pension. SKA lost that case in Tartu Administrative Court, appealed the decision to the district court, and lost again.

Following that ruling, SKA revised its position on parental leave and rescuers have no longer had to dispute the matter with the agency.

"In light of the final court decision, we reviewed all related pension decisions in the fall of 2024 and amended them retroactively to include parental leave as part of pensionable service. This remains our current administrative practice," said SKA communications partner Uku Tampere.

Three additional court cases related to SKA's refusal to count training time toward pensionable service are currently ongoing in the Tartu Administrative Court. According to Tampere, SKA is still assessing how to adjust its administrative practices in response to the most recent court ruling.

ERR asked the Ministry of Social Affairs whether it considers it appropriate for rescuers to be forced to go to court in order to receive their years-of-service pensions. ERR also asked whether, in cases where SKA cites the law as its justification, a law that permits such varied interpretation should be revised.

Liidia Soontak, adviser in the Ministry of Social Affairs' benefits and pension policy department, said the rules are indeed under review.

"This is a recent and still fresh court decision. The Ministry of Social Affairs plans to assess whether the current rules on years-of-service pensions need to be amended. We'll conduct a legal analysis and determine whether changes to legislation are necessary," Soontak said.

She added that SKA has so far operated in accordance with the law and will now follow the court's decision, meaning that training periods will be included in the calculation of pensionable service.

"If a dispute arises, it is ultimately for the courts to decide," Soontak noted.

According to the law, police officers, rescuers and prison officers who have worked in their professional fields or positions for at least 25 years are entitled to a years-of-service pension.

The Rescue Board has said that training counts toward rescuers' work history, as new employees are assigned by their employer on the first day of work to undergo training at the Väike-Maarja Rescue School. During this time, they receive a salary, pay taxes and are entitled to vacation — meaning the training period is considered part of their service.

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