ORDER OF THE MINISTER OF LABOUR AND SOCIAL PROTECTION OF THE POPULATION OF THE REPUBLIC OF KAZAKHSTAN

of May 4, 2012 No. 168-p-m

About approval of Rules of calculation of the public assistance in type of monthly payments to citizens of the Republic of Kazakhstan after completion of the period of capitalization of payments on indemnification caused to life or health of workers by the legal entities liquidated owing to bankruptcy

For the purpose of realization of Item 8 of Rules of implementation of monthly payments to citizens of the Republic of Kazakhstan after completion of the period of capitalization of payments on indemnification caused to life and health of workers by the legal entities liquidated owing to bankruptcy No. approved by the order of the Government of the Republic of Kazakhstan of May 25, 2011 571, I ORDER:

1. Approve the enclosed Rules of calculation of the public assistance in type of monthly payments to citizens of the Republic of Kazakhstan after completion of the period of capitalization of payments on indemnification caused to life or health of workers by the legal entities liquidated owing to bankruptcy according to appendix 1 to this order.

2. To legal support department and international cooperation (Kuang A. K.) provide in the procedure established by the legislation:

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

2) after state registration of this order its official publication in mass media and placement on official Internet resource of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan.

3. To committee on control and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan (Bisakayev S. G.), to the Republican state state company "State Center for Pension Payment" (Hamzin R. N.) to organize studying and fulfillment of requirements of this order.

4. To impose control of execution of this order on the vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan Nurymbetov B. B.

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

Approved by the Order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of May 4, 2012 No. 168-p-m

Rules of calculation of monthly payments to citizens of the Republic of Kazakhstan after completion of the period of capitalization of payments on indemnification caused to life or health of workers by the legal entities liquidated owing to bankruptcy

These rules of calculation of monthly payments to citizens of the Republic of Kazakhstan after completion of the period of capitalization of payments on indemnification caused to life or health of workers by the legal entities liquidated owing to bankruptcy (further – Rules) are developed for the purpose of realization of Item 8 of Rules of implementation of monthly payments to citizens of the Republic of Kazakhstan after completion of the period of capitalization of payments on indemnification caused to life and health of the workers the legal entities liquidated owing to bankruptcy approved by the order of the Government of the Republic of Kazakhstan of May 25, 2011 No. 571.

1. General provisions

1. In these rules the following basic concepts are used:

the size of monthly payment – the size of the monthly amounts capitalized for lump sum payment;

the capitalization period – the period specified in the document confirmed with court or liquidation commission (court resolution, the register of creditors, the reference calculation) on which capitalization is made;

the amount of the capitalized payments – the amount paid to injured person in terms of money, or extinguished at the expense of property of the debtor in the natural form, specified in court resolution (acts), the register of creditors, the reference calculation.

2. Procedure for calculation of the public assistance in type of monthly payments

2. In case of availability of data on the size of monthly payment (SMP) in court resolutions, the receiver's materials, the reference calculation, archive documents of court or Public Records Office, the available REP is applied.

3. In the absence of data on REP in the documents listed in Item 2 of these rules, REP is told from each face which received the capitalized payments based on data on the amount of the capitalized payments (ACP) and the capitalization period (CP) by division of SKP into the PC:

TURNIPS = SKP/PK

4. Calculation of cumulative level of growth of minimum wage (Mzpnak) is made by multiplication of coefficients of growth of minimum wage for the every year following after year of recognition of the legal entity by the bankrupt on the following formula:  

where MZP – the size of minimum wage established by the Law of the Republic of Kazakhstan on the republican budget for January 1 of the corresponding financial year;

n – year of recognition of the legal entity by the bankrupt;

(n + x) – year of the request for purpose of the public assistance in type of monthly payments (recalculation).

At the same time Mzpnak is rounded to three signs after comma. If the fourth sign is equal 5 or more, then to the third sign unit increases.

If the legal entity is declared bankrupt after December 31, 2021, value Mzpnak is equal to 1.

4-1. Calculation of cumulative level of growth of monthly settlement indicator (Mrpnak) is made by multiplication of coefficients of growth of the 14-fold size of monthly settlement indicator for every year, about year of the request for purpose of the public assistance in type of monthly payments (recalculation) inclusive.

Calculation of coefficient of growth of the 14-fold size of monthly settlement indicator is made by division of the 14-fold size of monthly settlement indicator of the corresponding financial year established by the law of the Republic of Kazakhstan on the republican budget into the 14-fold size of monthly settlement indicator of the prior financial year established by the law of the Republic of Kazakhstan on the republican budget.

At the same time Mzpnak is rounded to three signs after comma. If the fourth sign is equal 5 or more, then to the third sign unit increases.

5. The public assistance in type of the monthly payments (MP) to the citizen of the Republic of Kazakhstan after completion of the period of capitalization of payments on indemnification caused to life or health of workers by the legal entities liquidated owing to bankruptcy is determined by multiplication of the size of monthly payment (SMP) by Mzpnak and Mrpnak:

EV = REP * Mzpnak * Mrpnak

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