of February 7, 2006 No. 54-IIIQ
About work pensions
This Law establishes the bases of emergence of the rights of citizens of the Azerbaijan Republic to work pension, rules of realization of these rights and system of providing with work pension.
1.0. In providing the purposes of this Law the following basic concepts are used:
1.0.1. work pension - monthly money payment to citizens according to the procedure and on the conditions provided by this Law for the purpose of wages compensation and other income which gained insured (further - insured) on compulsory national social insurance before purpose it of work pension, or the income lost in connection with death of their families insured by members;
1.0.1-1. conditional retirement pension - the size of conditional pension estimated in the relation to the salary (expenses on providing, the state salary) for date of death of person in case of calculation of work pension on the occasion of loss of the supporter;
1.0.2. social insurance years of service (further - insurance years of service) the set of the periods of work or other activities considered in case of determination of the right to work pension (on condition of payment of fees on compulsory national social insurance in relevant organ of the executive authority), and also other periods which are set off in insurance years of service by the relevant legislation;
1.0.5. cash allowance - the amount in the amount of received by the military personnel until dismissal (in case of transfer to the reserve or retirement from the order, on the date of transfer in the order) from military service of monthly official pay rate, salary for rank, length-of-service allowances, the monetary compensation for food ration estimated from official pay rate of other surcharges, allowances (except for the allowances added by extrabudgetary funds, and other payments);
1.0.6. Individual accounting in system of the national social insurance is the organization and maintaining data, the stipulated in Article 5.2 Laws of the Azerbaijan Republic "About individual accounting in system of the national social insurance", on each insured person for the purpose of providing work pension and other rights in the field of social protection according to the legislation of the Azerbaijan Republic;
1.0.7. individual personal account - the account opened for each insured person by body (organization) determined by relevant organ of the executive authority with social security number in which data of individual accounting in system of the national social insurance are reflected;
1.0.8. insurance part of individual personal account - the sub-account on which 90 interests of the fees on compulsory national social insurance paid on insured, and means on the special account are registered and which is considered in case of calculation of insurance part of work pension;
1.0.9. accumulated portion of individual personal account - the sub-account on which the fees on voluntary social insurance paid on insured and considered for calculation of funded portion of work pension and also income gained from turnover of these means accumulate;
1.0.10. the pension capital - the amount of the means registered in insurance part of individual personal account, and the means accumulated in accumulated portion of individual personal account;
1.0.11. No. 543-VQD is excluded according to the Law of the Azerbaijan Republic of 10.03.2017
1.0.12. insurance part of work pension - represents the amount estimated by division of the pension capital registered in insurance part of individual personal account on the number of months of the expected period of retirement benefit;
1.0.13. the funded portion of work pension - represents the amount estimated by division of the pension capital accumulated in accumulated portion of individual personal account on the number of months of the expected period of retirement benefit;
1.0.14. the expected period of retirement benefit - the indicator established for the purposes of this Law and used for calculation of insurance and accumulative parts of work pension;
1.0.15. determination of work pension - superannuation, recalculation of its size and the translation from one type of work pension on another;
1.0.16. administrative expenses - expenses on management of system of compulsory national social insurance, in system of the national social insurance of individual accounting, work pensions and other social payments, with the upper limit in the amount of percent 2,5 from paid on insured fees on compulsory national social insurance. The part of these expenses exceeding the approved amount, and their unused balance belong to reserve of social insurance;
1.0.17. the reserve of social insurance - means which are created of the amount which remained after deduction from paid on insured fees on compulsory national social insurance of the part directed to insurance part of individual personal account and administrative expenses which go for bringing work pensions to minimum amount of the work pension determined by this Law financing of expenses on benefits and other payments at the expense of fees for compulsory national social insurance which procedure for use is established by relevant organ of the executive authority and the remaining balance of which which is not used by the end of the year passes for the next year;
1.0.18. the special account - the account into which the additional resources paid on insured according to the procedure and in the amount of arrive, established by relevant organ of the executive authority, for the purpose of forming of provision of pensions in the amount of the minimum or higher amount of work pension;
1.0.19. the subsequent surplus of the salary (expenses on providing, the state salary) - increases to the payments included in the salary (expenses on providing, the state salary) during operating time of person receiving the allowance to work pension for service length on the corresponding position.
2.1. The legislation of the Azerbaijan Republic on work pensions consists of the Constitution of the Azerbaijan Republic, international treaties which the Azerbaijan Republic, this Law and other regulatory legal acts of the Azerbaijan Republic joined.
2.2. If international treaties which the Azerbaijan Republic joined establish other rules, than are provided by this Law, rules of international treaties are applied.
3.1. Citizens of the Azerbaijan Republic have rights to providing with work pension in the cases specified in this Law.
3.2. The foreign citizens and persons without citizenship who are constantly living in the territory of the Azerbaijan Republic have the right to providing with work pension on an equal basis with citizens of the Azerbaijan Republic on the conditions provided by this Law.
3.4. Questions of provision of pensions of the Ex-president of the Azerbaijan Republic are regulated by the Constitutional Law of the Azerbaijan Republic "About providing the Ex-president of the Azerbaijan Republic and members of his family".
4.1. According to this Law the following types of work pensions are established:
4.1.1. work retirement pension;
4.1.2. work pension on disability;
4.1.3. work pension on the occasion of loss of the supporter.
4.2. The work retirement pension consists from:
4.2.1. It is excluded
4.2.2. insurance part;
4.2.3. accumulated portion.
4.3. The work pension on disability consists from:
4.3.1. It is excluded
4.3.2. insurance part;
4.3.3. accumulated portion.
4.4. The work pension on the occasion of loss of the supporter consists of insurance part.
4.4.1. basic unit;
4.4.2. insurance part.
5.1. Persons having the right to various pensions under the laws of the Azerbaijan Republic are granted only one pension at their choice.
5.2. Insured in addition to the work pension granted to them by the legislation have the right to non-state pension.
5.3 The procedure for appointment, calculation and recalculation of work pensions (except article 26.3 of this Law), the translation from one type on another and payment is established by relevant organ of the executive authority.
6.1. The basic part of work pension and allowances established by article 19 of this Law to basic unit are financed by means of compulsory national social insurance, transfers from the government budget and other sources corresponding to the legislation.
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