ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 29, 2024 No. 705

About approval of Rules of determination of the size and implementation of retirement benefits at the expense of compulsory pension contributions of the employer from the single accumulation pension fund

According to the subitem 8) of article 11 of the Social code of the Republic of Kazakhstan the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of determination of the size and implementation of retirement benefits at the expense of compulsory pension contributions of the employer from the single accumulation pension fund.

2. This resolution becomes effective since January 1, 2024 and is subject to official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of August 29, 2024 No. 705

Rules of determination of the size and implementation of retirement benefits at the expense of compulsory pension contributions of the employer from the single accumulation pension fund

Chapter 1. General provisions

1. These rules of determination of the size and implementation of retirement benefits at the expense of compulsory pension contributions of the employer from the single accumulation pension fund (further - Rules) are developed according to the subitem 8) of article 11 of the Social code of the Republic of Kazakhstan (further - the Code) and determine the size and procedure of retirement benefits from the single accumulation pension fund at the expense of compulsory pension contributions of employers (further - OPVR).

2. For the purposes of these rules 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 according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services and issue of their results to uslugopoluchatel by the principle of "one window", ensuring rendering the state services electronically;

2) the single accumulation pension fund (further - ENPF) - the legal entity performing activities for attraction of pension contributions and retirement benefits, and also other functions determined by the Code;

3) retirement benefits from ENPF (further - retirement benefits) - payments to physical persons for whom OPVR are paid;

4) the pension assets created at the expense of OPVR (further - pension assets), - OPVR, investment revenue, means which arrived as penalty fee and indemnification minus commission fee;

5) OPVR - the money transferred by agents at the expense of own funds into the conditional retirement account according to the procedure, established by the legislation of the Republic of Kazakhstan;

6) the agent on payment of OPVR (further - the agent) - physical person or legal entity, including the foreign legal entity performing activities in the Republic of Kazakhstan through the permanent organization, branches, representations of foreign legal entities estimating (charging) and listing OPVR in ENPF according to the procedure determined by the legislation of the Republic of Kazakhstan;

7) the receiver of retirement benefits (further - the receiver) - physical person to which retirement benefits from ENPF are appointed;

8) conditional cumulative balance (further - UNB) - the amount on the conditional retirement account of physical person including OPVR, other receipts, investment revenue for date of approach of the right to retirement benefits in accordance with the terms, stipulated in Item 3 these rules;

9) contingent pension liabilities (further - obligations) - obligations of ENPF on retirement benefits at the expense of OPVR and other receipts according to the legislation of the Republic of Kazakhstan;

10) the conditional retirement account - the account opened addressed to physical person in ENPF on which data on the arrived OPVR and other receipts according to the legislation of the Republic of Kazakhstan, and also data on the size of retirement benefits at the expense of OPVR for the corresponding financial year are considered;

11) balancing - process of recovery of the financial balance when calculating retirement benefits at the expense of OPVR;

12) the information system "Centralized Databank of Persons Having Disability" (further - IS "TsBDI") - the hardware and software intended for automation of business processes on disability establishment, disability, development of the individual program of abilitation and rehabilitation and also for storage and data processing on persons which underwent survey in departments of medico-social examination;

13) authorized state body (further - authorized body) - the central executive body performing management and cross-industry coordination in the sphere of social protection of the population according to the legislation of the Republic of Kazakhstan.

3. Retirement benefits are provided to persons for whom OPVR in total at least sixty calendar months are listed:

1) in case of approach of conditions, stipulated in Item 1 article 207 of the Code;

2) having disability of the first and second groups if disability is established it is termless.

4. The maximum size of retirement benefit at the expense of OPVR cannot exceed the 2-fold size of subsistence minimum established for the corresponding financial year by the law on the republican budget.

5. Retirement benefits are appointed for life, are made for current month and certificates of the stateless person issued by authorized body of the Republic of Kazakhstan in connection with departure on the permanent residence or cancellation of permission to permanent residence in the Republic of Kazakhstan, or in connection with loss of nationality of the Republic of Kazakhstan, getting out of nationality of the Republic of Kazakhstan by ENPF inclusive are performed till month of death or obtaining from information systems of state bodies of data on invalidity of all identity documents of the citizen of the Republic of Kazakhstan, or the residence permit of the foreigner in the Republic of Kazakhstan, or.

6. Pension assets are not property of the agent and (or) physical person for whom OPVR are paid.

Chapter 2. Procedure of retirement benefits at the expense of OPVR

7. For the purpose of receipt of retirement benefits from ENPF the applicant in case of approach of the conditions provided:

1) the subitem 1) of Item 1 of article 222 of the Code, files petition in the State corporation with submission of the identity document (for identification), and also data on the bank account;

2) the subitem 2) of Item 1 of article 222 of the Code, represents in case of the personal appeal to ENPF:

the statement for purpose of retirement benefits in the form approved by the internal document ENPF (further - the statement);

the identity document (for identification);

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