ORDER OF THE MINISTER OF DEFENCE OF THE REPUBLIC OF KAZAKHSTAN

of January 17, 2019 No. 27

About approval of the Instruction on the organization of calculation of length of service by the serviceman of Armed Forces of the Republic of Kazakhstan and about introduction of amendments to the order of the Minister of Defence of the Republic of Kazakhstan of May 20, 2014 No. 218 "About approval of the Instruction to destination and to implementation of retirement benefits by the serviceman"

According to subitem 19-57) of Item 21 of the Regulations on the Ministry of Defence of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of August 16, 2001 No. 1074, I ORDER:

1. Approve the enclosed Instruction on the organization of calculation of length of service by the serviceman of Armed Forces of the Republic of Kazakhstan.

2. Bring in the order of the Minister of Defence of the Republic of Kazakhstan of May 20, 2014 No. 218 "About approval of the Instruction to destination and to implementation of retirement benefits by the serviceman" (it is registered in the Register of state registration of regulatory legal acts for No. 9527, it is published in information system of law of "Adilet" of July 4, 2014) the following changes:

in the Instruction to destination and to implementation of retirement benefits by the serviceman, approved by the specified order:

Items 3 - 7 to exclude;

1) of Item 9 to state the subitem in the following edition:

"1) the original of calculation of length of service on pension in form, according to appendices 1 - 4 to the Instruction on the organization of calculation of length of service by the serviceman of Armed Forces of the Republic of Kazakhstan, constituted by the Center;";

exclude appendix 1.

3. To provide to the center of provision of pensions of the Ministry of Defence of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction of the copy of this order in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan in the Kazakh and Russian languages within ten calendar days from the date of state registration;

3) placement of this order on Internet resource of the Ministry of Defence of the Republic of Kazakhstan after its first official publication;

4) the direction of data in Legal department of the Ministry of Defence of the Republic of Kazakhstan on execution of the actions provided by subitems 1), 2) and 3) of this Item within ten calendar days from the date of state registration.

4. To impose control of execution of this order on the deputy defense secretary of the Republic of Kazakhstan Skakov A. B.

5. Bring this order to officials, regarding them concerning.

6. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Defence of the Republic of Kazakhstan of January 17, 2019 No. 27

Instruction on the organization of calculation of length of service by the serviceman of Armed Forces of the Republic of Kazakhstan

1. This Instruction on the organization of calculation of length of service by the serviceman of Armed Forces of the Republic of Kazakhstan (further - the Instruction) is developed according to subitem 19-57) of Item 21 of the Regulations on the Ministry of Defence of the Republic of Kazakhstan approved by the order of the Government of August 16, 2001 No. 1074, and disaggregates procedure for the organization of calculation of length of service of the military personnel, subjects to dismissal from military service.

2. The organization of work on calculation of length of service by the serviceman is performed:

1) the Center of provision of pensions of the Ministry of Defence of the Republic of Kazakhstan (further - the Center);

2) bodies of military management, military units and organizations.

3. For calculation of length of service the personal record of the serviceman in 6 months prior to the expected term of dismissal goes to the Center after service confirmation.

4. Confirmation of service by the serviceman serving in military unit (public institution) is made on officers - the chief of personnel division (responsible for conducting personnel work), the military personnel of list of sergeants (foremen), soldiers (sailors) - body of completing (responsible for maintaining personal records of the military personnel of list of sergeants (foremen), soldiers (sailors)).

Before the direction of personal records the entire periods of military service specified in the record of service and also the records granting the right to calculation of length of service to pension on favorable terms are checked and compared with data of certification and additional documents and are confirmed by orders or the relevant documents.

5. Record which is certified by the signature of the authorized officer of governing body, official stamp with indication of date of confirmation is made for confirmation of service in the record of service of the personal record. In this record all calendar periods of service, and also the periods which are set off on favorable terms are specified.

Record about confirmation of service is made in the following procedure:

"I confirm service in VS with" _" __ years:

in the ranks of the Soviet Army with "_" __ years on "_" __ years;

in the ranks of VS of foreign countries with "_" __ years on "_" __ years;

in the ranks of law enforcement agencies of RK with "_" __ years on "_" __ years;

in the ranks of BC PK with "_" __ years on "_" __ years;

including in preferential calculation with "_" __ years on "_" __ years;

with "_" __ years on "_" __ years;

with "_" __ years on "_" __ years".

6. Calculation of length of service of the serviceman dismissed from military service is performed on the first copy of the personal record which contains the following documents:

1) record of service;

2) statements from orders of division managers, or the archival references confirming service, including on favorable terms;

3) the document confirming passing of conscription service (the original and/or the copy of the military ID or the reference from local body of military management);

4) the documents confirming service in other state bodies or in Armed Forces of other countries, including on favorable terms;

5) the original of the service record and its copy (in the presence of working life), copies of the diploma, the certificate and certificates on education, certificates of birth of children (for the female military personnel), and other documents confirming labor activity;

6) in the presence of working life after January 1, 1998, provision of the documents confirming transfer of compulsory pension contributions is necessary.

7. Calculation of length of service of the serviceman taking into account preferential terms is performed based on the following documents:

1) in the remote areas, and also in areas with severe climatic conditions - statements from orders on arrival of the serviceman in the area and departure from this area;

2) in mountain areas - statements from orders with indication of area height above sea level, or the references of authorized body in the field of geodesy and cartography about area height above sea level;

3) at flight work in aircraft - statements from orders on accomplishment of regulations of raid of hours at flight work, approved by the order the Minister of Defence of the Republic of Kazakhstan of July 7, 2015 No. 383 "About approval of the Instruction for determination of conditions for calculation of length of service to aircrew of Armed Forces of the Republic of Kazakhstan on favorable terms in case of award of pension" (it is registered in the Register of state registration of regulatory legal acts for No. 11901);

4) on positions where fulfillment of duties is connected with systematic parachute jumps - statements from orders on accomplishment of regulations of parachute jumps.

8. In statements from orders of the personal record of the serviceman serving (passing) in mountain areas it shall be specified at what height from sea level the division where the serviceman passes is deployed (served).

9. In case of lack of statements from orders the periods of service of the serviceman can be confirmed with archival references according to the order of the Government of the Republic of Kazakhstan of September 20, 2018 "About approval of Rules of completing, storage, accounting and use of documents of National Archive Fund and other archive documents by the Public and special Public Records Offices" to No. 576 (it is registered in the Register of state registration of regulatory legal acts for No. 125395).

10. Copies of documents are confirmed according to the procedure, the stipulated in Clause 34 Laws of the Republic of Kazakhstan of July 14, 1997 "Notariate".

11. The center within 5 working days after receipt of the personal record of the serviceman makes calculation of its length of service on retirement benefits.

Calculation of length of service, including taking into account working life, for determination of the right to retirement benefits is constituted on the date of exception from lists of part in connection with dismissal from service.

12. In case of incomplete completing of the arrived personal record, the Center within 1 working day notifies on it division, with indication of on need of provision of missing documents. Divisions within 3 working days send the necessary documents specified in the notification to the Center.

13. In case of calculation of length of service (length of service) start date of the considered period is specified according to actual start date, and end date - according to the date following behind day of the end of the considered period. At the same time, summing of the periods which are set off in length of service for purpose of pensions in year 365 days, and in month - 30 days, irrespective of the actual number of days this year.

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