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LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 13, 1999 No. 414-I

About the public special welfare payment to persons working at underground and open mining operations, at works with especially harmful and especially severe conditions of work or at works with harmful and severe conditions of work

(as amended on 02-07-2018)

This Law is directed to social protection of the citizens who had as of January 1, 1998 the years of service established by this Law on underground and open mining operations, at works with especially harmful and especially severe conditions of work or at works with harmful and severe conditions of work.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) authorized body to destination benefits - territorial subdivision of the state body enabling the realization of state policy in the sphere of social protection of the population;

2) the public special welfare payment (further - benefit) - money payment to persons which had as of January 1, 1998 the length of service established by this Law on underground and open mining operations, at works with especially harmful and especially severe conditions of work or at works with harmful and severe conditions of work;

3) the central executive body - the state body performing management and also in limits, stipulated by the legislation the Republic of Kazakhstan, cross-industry coordination in the sphere of social protection of the population;

4) 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.

Article 2. Funds for allowance payment

Allowance payment according to this Law is performed at the expense of budgetary funds.

Chapter 2. Procedure for appointment and allowance payment

Article 3. Right of citizens to benefit

1. Citizens of the Republic of Kazakhstan have the right to benefit according to the procedure, provided by this Law.

2. The benefit is paid monthly.

3. The benefit is paid irrespective of the received salary.

Article 4. The citizens having the right to benefits

1. The citizens who had as of January 1, 1998 length of service according to the List No. 1 of productions, works, professions, positions and indicators on underground and open mining operations, at works with especially harmful and especially severe conditions of work approved by the Government of the Republic of Kazakhstan have the right to purpose of benefit:

men - on reaching 53 years and in case of length of service at least 20 years, from them at least 10 years at the specified works;

women - on reaching 48 years and in case of length of service at least 15 years, from them at least 7 years 6 months at the specified works.

2. The citizens who had as of January 1, 1998 length of service according to the List No. 2 of productions, works, professions, positions and indicators with harmful and severe conditions of work approved by the Government of the Republic of Kazakhstan have the right to purpose of benefit:

men - on reaching 58 years and in case of length of service at least 25 years, from them at least 12 years 6 months at the specified works;

women - on reaching 53 years and in case of length of service at least 20 years, from them at least 10 years at the specified works.

2-1. Calculation of length of service is performed according to the legislation of the Republic of Kazakhstan on provision of pensions.

3. In case of insufficiency of the length of service required by this Law according to the List No. 2 of productions, works, professions, positions and indicators at works with harmful and severe conditions of work length of service according to the List No. 1 of productions, works, professions, positions and indicators on underground and open mining operations, at works with especially harmful and especially severe conditions of work is set off.

4. The entitlement to benefit does not extend to the citizens who retired on favorable terms till January 1, 1998.

Article 5. Procedure and term of purpose of benefit

1. The request for purpose of benefit is performed after emergence of entitlement to benefit without restriction with any term at any time.

At the same time the allowance is granted irrespective of, work by the time of the request for purpose of benefit is stopped or continues.

2. The statement for purpose of benefit with application of documents which list is determined by the central executive body moves person having the right to its obtaining in the State corporation.

3. The term of purpose of benefits does not exceed eight working days from the date of registration of a statement with all necessary documents in the State corporation.

4. Day of the request for purpose of benefits day of registration of a statement with all necessary documents in the State corporation is considered.

In case of refusal in purpose of benefit the authorized body to destination of benefit shall motivate in writing causes of failure and return to the applicant documents.

5. The allowance is granted from the date of the address according to the procedure, determined by the central executive body.

Article 6. Benefit sizes

1. The benefit to the citizens who had as of January 1, 1998 length of service according to the List No. 1 of productions, works, professions, positions and indicators on underground and open mining operations, at works with especially harmful and especially severe conditions of work is appointed in the amount of 9,42 of monthly settlement indicator.

2. The benefit to the citizens who had as of January 1, 1998 length of service according to the List No. 2 of productions, works, professions, positions and indicators with harmful and severe conditions of work is appointed in the amount of 8,38 of monthly settlement indicator.

3. In case of achievement of retirement age the receiver of benefit is granted option between receipt of benefit according to this Law or purpose of retirement benefits on age according to the legislation of the Republic of Kazakhstan on provision of pensions.

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