LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 26, 2019 No. 286-VI ZRK

About compulsory social insurance

This Law establishes legal, economic and organizational basis of compulsory social insurance of citizens and governs the relations connected with creation of additional form of social security of participants of system of compulsory social insurance in case of approach of case of social risk.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) The Government for Citizens State corporation (further - the State corporation) - the legal entity created according to the decision of the Government of the Republic of Kazakhstan for rendering the state services, services in issue of specifications on connection to networks of subjects of natural monopolies and services of subjects of the quasi-public sector according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services, services in issue of specifications on the connection to networks of subjects of natural monopolies, services of subjects of the quasi-public sector and issue of their results to uslugopoluchatel by the principle of "one window", and also ensuring rendering the state services electronically performing state registration of the rights to real estate in the place of its stay;

2) coefficient of number of dependents - coefficient which is determined depending on the number of members of the family of the dead (recognized by court it is unknown absent or declared the dead) the supporter, consisting in its dependence;

3) the supporter - person containing the disabled family members consisting in its dependence at the expense of the income;

4) social assignments - the money paid by payers of social contributions to the State Social Insurance Fund according to the procedure, established by the legislation of the Republic of Kazakhstan;

5) debt on social assignments - estimated and not paid to the terms established by the legislation of the Republic of Kazakhstan, the amount of social assignments and also outstanding amounts of penalty fee;

6) rate of social assignments - the fixed amount of obligatory payments in the State Social Insurance Fund expressed as a percentage of the size of subject to calculation of social assignments;

7) the payer of social assignments (further - the payer) - the employer, the individual entrepreneur, including country or farm, person who is engaged in private practice, the performing calculation and payment of social contributions to the State Social Insurance Fund according to the procedure, established by the legislation of the Republic of Kazakhstan;

8) social risk - approach of the event attracting disability and (or) loss of work, loss of the supporter, loss of the income in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children) and child care of age of one and a half years on reaching it as a result of which the participant of system of compulsory social insurance or in case of his death the family members consisting in its dependence acquire the right to social payments according to this Law;

9) social payments - the payments performed by the State Social Insurance Fund for benefit of the receiver of social payment;

10) the receiver of social payment (further - the receiver) - the physical person for which social contributions to the State Social Insurance Fund before case of social risk were made and concerning which the State Social Insurance Fund passes the decision on purpose of social payments and in case of the death of person who is the participant of system of compulsory social insurance - members of the family of the dead (recognized by court is unknown absent or declared the dead) the supporter, consisting in its dependence;

10-1) payer of single payment - the tax agent determined by article 776-1 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code);

11) coefficient of number of days of disability - coefficient which is determined depending on the number of the days specified in the leaf about temporary disability issued in connection with pregnancy and childbirth, and also adoption (adoption) of newborn child(children);

12) disability coefficient - coefficient which is determined depending on extent of loss of general working ability of the participant of system of compulsory social insurance;

13) person who is engaged in private practice - the private notary, the private legal executive, the lawyer, professional mediator;

14) the investment declaration - the document determining the purposes, strategy, the list of objects for investment within the legislation of the Republic of Kazakhstan, condition and restriction of investing activities on assets of the State Social Insurance Fund, condition of hedging and asset diversification of the State Social Insurance Fund;

15) investment revenue - the money received (which are subject to obtaining) as a result of investment of assets of the State Social Insurance Fund;

16) coefficient of replacement of the income - coefficient which is determined depending on case of social risk;

17) coefficient of years of service of participation - coefficient which is determined depending on general years of service of participation in system of compulsory social insurance;

18) assets of fund - the money, securities, other financial instruments intended for the purposes provided by this Law;

19) division of medico-social examination (further - division of MSE) - the structural division of authorized body on control in the sphere of compulsory social insurance which is carrying out medico-social expertize;

20) the State Social Insurance Fund (further - fund) - the legal entity making accumulation of social assignments, appointment and implementation of social payments to participants of system of compulsory social insurance concerning which there came the case of social risk including family members - dependents in case of loss of the supporter;

21) compulsory social insurance - set of the measures organized, controlled and guaranteed by the state for compensation of part of the income considered as subject to calculation of social assignments for the purpose of implementation of social payments in case of approach of case of the social risk provided by this Law;

22) system of compulsory social insurance - set of the regulations and rules established and guaranteed by the state, governing the relations between subjects of system of compulsory social insurance;

23) general years of service of participation in system of compulsory social insurance - total quantity of months for which social assignments arrived;

24) the participant of system of compulsory social insurance - physical person for which social assignments are paid and which has the right to social payments in case of approach of the cases of social risk provided by this Law;

25) subjects of system of compulsory social insurance - the payer; participant of system of compulsory social insurance; receiver; State corporation; fund; National Bank of the Republic of Kazakhstan; central executive body; authorized body on control in the sphere of compulsory social insurance; bodies of state revenues; jobcenter of the population;

26) authorized body on control in the sphere of compulsory social insurance - the territorial subdivision of state body enabling the realization of state policy in the sphere of social protection of the population;

27) the central executive body - the state body performing management in the sphere of social protection of the population, regulation, control functions behind activities of fund;

28) jobcenter of the population - the legal entity created by local executive body of areas, cities of regional and republican value, the capital for the purpose of realization of active measures of assistance of employment, the organization of social protection from unemployment and other measures of assistance of employment according to the Law of the Republic of Kazakhstan "About employment of the population";

29) the state information portal "Electronic employment exchange" - the information system containing single information base of the labor market.

Article 2. Legislation of the Republic of Kazakhstan on compulsory social insurance

1. The legislation of the Republic of Kazakhstan on compulsory social insurance is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

3. Operation of the legislation of the Republic of Kazakhstan on insurance and insurance activity does not extend to the legal relationship settled by the legislation of the Republic of Kazakhstan on compulsory social insurance.

Article 3. Types of compulsory social insurance

Compulsory social insurance is subdivided into the following types:

1) on disability case;

2) on case of loss of the supporter;

3) on work loss case;

4) on case of loss of the income in connection with pregnancy and childbirth;

5) on case of loss of the income in connection with adoption (adoption) of newborn child(children);

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