RESOLUTION OF THE MINISTRY OF LABOUR AND SOCIAL PROTECTION OF THE REPUBLIC OF BELARUS

of July 8, 2019 No. 35

About procedure for the request for pension and organization of work and record keeping to destination and pension payment

Based on subitem 6.37 of Item 6 and subitems 7.1.13 and 7.1.14 of Item 7 of the Regulations on the Ministry of Labour and Social Protection of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1589, of part one of Item 9 of the Regulations on the Commission to destination pensions approved by the resolution of Council of Ministers of the Republic of Belarus of August 14, 1998 No. 1288, the Ministry of Labour and Social Protection of the Republic of Belarus DECIDES:

1. Approve the Instruction about procedure for the request for pension and the organizations of work and record keeping to destination and to pension payment it (is applied).

2. Recognize invalid regulatory legal acts according to appendix.

3. This resolution becomes effective after its official publication.

 

Minister

I. A. Kostevich

It is approved Ministry of Internal Affairs of the Republic of Belarus

Ministry of Justice of the Republic of Belarus

Brest regional executive committee

Vitebsk regional executive committee

Gomel regional executive committee

Grodno regional executive committee

Minsk regional executive committee

Mogilev regional executive committee

Minsk city executive committee

 

Appendix

to the Resolution of the Ministry of Labour and Social Protection of the Republic of Belarus on July 8, 2019 No. 35

List of invalid regulatory legal acts

1. The order of the Ministry of social protection of the Republic of Belarus of March 14, 1996 No. 8 "About approval of Methodical recommendations about the organization at the companies, in organizations, the organizations, kolkhozes, cooperatives and other subjects of managing of work on registration and submission of documents to purpose of pensions".

2. The order of the Ministry of social protection of the Republic of Belarus of May 23, 1997 No. 44 "About approval of the Regulations on procedure for representation and document creation for purpose of pensions according to the Law of the Republic of Belarus "About provision of pensions".

3. The order of the Ministry of social protection of the Republic of Belarus of September 14, 1998 No. 81 "About modification and amendments in Regulations on procedure for representation and document creation for purpose of pensions according to the Law of the Republic of Belarus "About provision of pensions".

4. The order of the Ministry of social protection of the Republic of Belarus of September 29, 1998 No. 85 "About approval of the Instruction about procedure for registration and business management to destination national pensions".

5. The resolution of the Ministry of social protection of the Republic of Belarus of September 21, 2000 No. 15 "About modification and amendments in Regulations on procedure for representation and document creation for purpose of pensions according to the Law of the Republic of Belarus "About provision of pensions".

6. The resolution of the Ministry of social protection of the Republic of Belarus of December 26, 2000 No. 21 "About modification and amendments in the Instruction about procedure for registration and business management to destination national pensions approved by the order of the Minister of social protection of the Republic of Belarus of September 29, 1998 No. 85".

7. The resolution of the Ministry of social protection of the Republic of Belarus of August 27, 2001 No. 11 "About modification of the Instruction about procedure for registration and business management to destination national pensions approved by the order of the Ministry of social protection of the Republic of Belarus of September 29, 1998 No. 85".

8. The resolution of the Ministry of Labour and Social Protection of the Republic of Belarus of July 13, 2004 No. 87 "About modification and amendments in Regulations on procedure for representation and document creation for purpose of pensions according to the Law of the Republic of Belarus "About provision of pensions", approved by the order of the Ministry of social protection of the Republic of Belarus of May 23, 1997 No. 44".

9. The resolution of the Ministry of Labour and Social Protection of the Republic of Belarus of October 31, 2006 No. 137 "About modification and amendments in Regulations on procedure for representation and document creation for purpose of pensions according to the Law of the Republic of Belarus "About provision of pensions".

Approved by the Resolution of the Ministry of Labour and Social Protection of the Republic of Belarus of July 8, 2019 No. 35

The instruction about procedure for the request for pension and the organizations of work and record keeping to destination and pension payment

Chapter 1. General provisions

1. This Instruction determines procedure for the request for pension and the organizations of work to destination of pensions (to recalculation of the granted pensions, the transfer from one pension on another, to renewal of payment to earlier granted pension), pension payment (to the termination, suspension, deduction from pensions) according to the Law of the Republic of Belarus of April 17, 1992 No. 1596-XII "About provision of pensions", record keeping in managements (departments) of work, employment and social protection of city, district executive committees, managements (departments) of social protection of local administrations of areas in the cities (further if other is not established, - management) to destination and pension payment.

2. For the purposes of this Instruction the following terms and their determinations are used:

the request for pension – filing of application about award of pension, recalculation of the granted pension, the transfer from one pension on another, renewal of payment to earlier granted pension and necessary documents in management in accordance with the established procedure;

the representative – person authorized according to the legislation to represent the interests of the applicant (the employer, the organization to which head the legislation assigns fulfillment of duties of guardians or custodians, the legal representative (the parent, the adoptive father, the adopter or the guardian, the custodian), the authorized representative);

pension case – set conforming to the established requirements of documents in the original and (or) in copies based on which it is granted and pension is paid to the citizen;

archival pension case – pension case on which pension payment is stopped;

negative pension case – set of documents based on which to the applicant it is refused award of pension.

The term "employer" is used in the value determined in the Law of the Republic of Belarus of July 15, 2021 No. 118-Z "About budget payments of state non-budgetary fund of social protection of the population of the Republic of Belarus".

Chapter 2. Procedure for the request for pension

3. The request for pension is performed by filing of application about award of pension (recalculation of the granted pension, the transfer from one pension on another, renewal of payment to earlier granted pension) in form according to appendix 1 (further if other is not established, - the statement) and the necessary documents provided by the list of the documents necessary for purpose of pensions according to appendix 2, in management personally of the citizen or through the representative (further if other is not established, - the applicant).

4. The application is submitted directly to management at the place of residence of the citizen confirmed with registration at the place of residence. In case of filing of application the identity document addressed for pension is shown.

The application can be directed to management by means of mail service. In this case the signature of the applicant on the statement and the copies of documents attached to it, except the copy of the identity document, shall be notarially certified.

5. The working citizens and members of their families (in case of loss of the supporter) submit the application for award of pension through the employer in the place of the latest work.

If addressed for pension it is refused by the employer representation to award of pension, he can submit the application directly to management.

6. The citizens who are not taking confirmed with registration residences in the territory of the Republic of Belarus submit the application to management in the location of Item of registration and accounting of persons of no fixed abode where they are registered.

7. The statement on behalf of minor or incapacitated person is submitted by his legal representative to management at the place of residence of the legal representative. At the same time the legal representative shows the identity document, and the documents confirming it powers.

In case of separate accommodation of parents (adoptive parents, adopters) the minor the statement is adopted by management at the place of residence of the parent (the adoptive father, the adopter) with which this minor lives.

8. The statement on behalf of the minor or incapacitated person which is in the organization to which head fulfillment of duties of the guardian or custodian is assigned moves the organization in management in the organization location.

The organization to which head fulfillment of duties of the guardian or custodian of minor or incapacitated person is assigned submits the documents confirming it powers.

9. The minor who acquired the capacity to act in full having the right to address for pension independently according to the procedure according to the legislation, provided by this Instruction.

10. The citizens who are in organizations of criminal executive system, and also in medical and labor dispensaries of the Ministry of Internal Affairs submit the application to management in the location of correctional facility, medical and labor dispensary through administration of this organization.

Chapter 3. Acceptance and registration of a statement, documents for award of pension

11. Reception of an application about award of pension is performed in day of the appeal of the applicant to management with the specified statement and documents, necessary for award of pension.

In case of coincidence of the circulation period behind pension caused by achievement of certain retirement age and emergence of pension entitlement to the days off or public holidays and holidays established and announced according to the procedure, stipulated by the legislation non-working, the statement for award of pension can be adopted on the eve of these days. At the same time the following is considered:

the condition of achievement of certain retirement age is considered executed in the day corresponding to birth date;

if in month of year of achievement of certain retirement age there is no number corresponding to birth date, then the last day of this month is considered that;

in cases if in the document confirming the birth only year without designation of exact birth date is specified, to date is accepted on July 1 the corresponding year if the date is not specified, then the 15th day of the corresponding month is considered that.

12. In case of reception of an application about award of pension and the necessary documents submitted by the applicant the employee of management:

checks correctness of execution of the statement and compliance of the data stated in it to identity documents, and other submitted documents;

verifies the representation to award of pension prepared by the employer in form according to appendix 3, with employment records;

verifies copies of the submitted documents with their originals. The copies of documents which are not certified notarially are certified by putting down of mark about assurance of the copy which includes the word "Truly", the name of position of person who certified the copy, its sign manual, disaggregation of the signature and date of assurance. Originals of documents (except for certificates of length of service and earnings) return to the applicant. At the same time the service record can be left in management before decision according to the submitted documents for more in-depth examination of the records containing in it with the notification on it of the applicant;

performs provisional legal treatment of documents and the data containing in them;

checks translation availability on Belarusian or Russian of the documents executed in foreign language, witnessing of fidelity of the translation of documents from one language on another;

explains to the applicant procedure for submission of missing documents for award of pension if not all necessary documents which obligation on representation is assigned to the applicant are enclosed to the application;

issues (directs by means of mail service the registered mail) no later than two working days from the date of adoption of the statement and documents for award of pension to the applicant the receipt notification in form according to appendix 4 for informing on the list of the documents lacking for award of pension which obligation on representation is assigned to the applicant, and the term of their representation. The duplicate receipt joins in pension case;

explains to the applicant if necessary procedure for establishment of the title facts necessary for award of pension;

registers the statement in the magazine of registration of statements, solutions of management (department) of work, employment and social protection of city, district executive committee, management (department) of social protection of administration of the area in the city, the Commission to destination of pensions of district (city) executive and administrative organ (further if other is not established, - the magazine of registration of statements, solutions of management) in form according to appendix 5.

13. In case of the direction of the statement and documents for award of pension by means of mail service in the magazine of registration of statements, solutions of management in the column "Receipt Date of the Statement" it is dated, specified on print of calendar stamp of the mailing of object of mail service in the place of their departure. At the same time the envelope joins in pension case.

14. In case of receipt in management of missing documents on each document receipt date of the document, the surname and initials of the worker who accepted the document and its sign manual are specified in the right bottom corner. The name of document type and receipt date of the document are entered in the corresponding columns of the statement.

Receipt date of missing documents by means of mail service is the date specified on print of calendar stamp of the mailing of object of mail service in the place of departure of documents. At the same time the envelope joins in pension case.

15. In case of reception of an application from the face, acquiring pension or having the right to its obtaining from other state body of the Republic of Belarus on the date of the request for pension in management, need of submission of the certificate of the pension size issued by this state body with indication of the date of the termination of its payment or the certificate of non receipt of pension provided by Items 2.26 and 2.27 of the list of the ministerial procedures performed by state bodies and other organizations for petitions from citizens, No. 200 approved by the Presidential decree of the Republic of Belarus of April 26, 2010 is explained to the applicant.

16. In need of establishment of the period of the work based on the testimony revealed during documents acceptance, management explains to the applicant procedure for confirmation of the period of work.

For establishment of the period of work on the testimony the applicant submits in management the application constituted in any form in which surname, own name, middle name (if that is available) the applicant, and also witnesses on joint operation and their residential addresses, the name of the organization and (or) the individual entrepreneur are entered, in which and (or) for which it worked, the work period, the name of position of the employee (the worker's profession).

Chapter 4. Consideration of the application, documents for award of pension

17. The statement for award of pension and necessary documents are considered in time, provided in part one of article 78 of the Law of the Republic of Belarus "About provision of pensions".

By their consideration management:

gives assessment to the data containing in documents, and also correctness of document creation;

requests no later than three working days from the date of registration of a statement in district (city) department of Social Security Fund of the population of the Ministry of Labour and Social Protection (further - body of Fund) the statement from individual personal account of insured person. On the back the application blank about award of pension in the left bottom corner by the employee of management specifies dates of request and receipt of the statement from individual personal account by the words "VILS — Number, Month, Year" (figures). The specified mark is brought also in the magazine of registration of statements, solutions of management in the column "Receipt Date of Missing Documents";

requests in necessary cases in bodies of state examination of working conditions of the conclusion about quality of carrying out certification of workplaces under the terms of work and the correctness of application of lists of the productions, works, professions, positions and indicators granting pension entitlement on age for work with special working conditions, approved by Council of Ministers of the Republic of Belarus;

performs in necessary cases check of justification of issue by the employer for award of pension of documents on length of service and earnings, assessment of reliability of the data containing in them. Results of check (assessment) are drawn up by the act in form according to appendix 6. In case of detection in documents of false information the employer is notified on need of submission of the documents containing authentic data other measures for the facts of submission of false information are taken;

sends the copy of the application about establishment of length of service according to the testimony to management at the place of residence of witnesses for holding their poll (in case the applicant and witnesses live in different areas);

prepares in necessary cases drafts of protocols of the Commission to destination of pensions about establishment of length of service based on testimonies of witnesses in form according to appendix 7, about establishment of the title fact important for award of pension in form according to appendix 8;

makes calculation of length of service, including special, individual coefficient of earnings, the pension size with use of software and hardware (complexes) and draws up the protocol on calculation of length of service in form according to appendix 9, the protocol on calculation of individual coefficient of earnings in form according to appendix 10, the protocol on calculation of pension in form according to appendix 11.

18. In case of receipt to management of the written application of the applicant about return submitted for award of pension of the statement and documents according to which the decision on award of pension or on refusal in award of pension is not made, these the statement and documents return to the applicant no later than two working days from the date of submission of the specified written application.

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