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LAW OF THE REPUBLIC OF BELARUS

of January 5, 2008 No. 322-Z

About professional pension insurance

(as amended on 10-12-2020)

Accepted by the House of Representatives on December 12, 2007

Approved by Council of the Republic on December 20, 2007

This Law is aimed at providing legal, economic and organizational basis of compulsory national pension insurance of the workers occupied in special working conditions and separate types of professional activity.

Chapter 1. General provisions

Article 1. The main terms used in this Law and their determinations

1. For the purposes of this Law the following main terms and their determinations are used:

1.1. professional pension insurance - system of the relations established by the state consisting in forming of funds at the expense of the fees for professional pension insurance paid by employers for the workers occupied in special working conditions and separate types of professional activity (further - special working conditions), and use of these means for pension payment in connection with special working conditions;

1.2. subjects of professional pension insurance - the insurer, the insurer, insured person;

1.3. the insurer - the legal entity performing activities for professional pension insurance according to this Law;

1.4. the insurer - the employer from among the legal entities, their representations and branches allocated for the separate balance, and also representative offices of the foreign organizations performing activities in the territory of the Republic of Belarus employing in special working conditions according to employment contracts, paying fees on professional pension insurance;

1.5. insured person - physical person for which are paid fees on professional pension insurance in connection with employment in special working conditions (were paid);

1.6. fees on professional pension insurance - obligatory payments of the insurer for forming of funds for professional pensions;

1.7. professional years of service - employment duration with special working conditions of insured person during which fees on professional pension insurance were paid for it;

1.8. special years of service – employment duration with special working conditions, granting the right to work retirement pension for work with special working conditions or work pension for long service according to Articles 12, of 13, of 15, 47 - 49, 49-2 Laws of the Republic of Belarus of April 17, 1992 No. 1596-XII "About provision of pensions", before entry into force of this Law;

1.9. the early period - the period during which the right to professional pension before generally established retirement age is granted;

1.10. the early pension period of insured person - the period from the month following after month of the request of insured person for early professional pension to month of achievement of generally established retirement age by it;

1.11. pension savings - the means created for payment of professional pension to insured person of fees on professional pension insurance and the income from their placement;

1.12. professional pension - monthly money payment for the account of pension savings in the form of early professional pension or (and) additional professional pension;

1.13. early professional pension - the professional pension paid to insured person during the early period;

1.14. additional professional pension - the professional pension paid during the period after achievement of generally established retirement age by insured person;

1.15. monthly surcharge to the salary - the surcharge to the salary of the worker who chose it instead of professional pension insurance paid by the employer according to the legislation.

2. Other terms are used in this Law in the values established by the legislation on the national social insurance and provision of pensions.

Article 2. Legal basis of professional pension insurance

1. The legislation on professional pension insurance is based on the Constitution of the Republic of Belarus, the Law of the Republic of Belarus of January 31, 1995 No. 3563-XII "About bases of the national social insurance, the Law of the Republic of Belarus "About provision of pensions" and consists of this Law and other acts of the legislation.

2. If the international treaty of the Republic of Belarus establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

Article 3. Basic principles of the organization and functioning of professional pension insurance

Professional pension insurance will be organized and functions on the principles:

responsibility of employers for expected decrease in working ability of the worker owing to employment in special working conditions before achievement of generally established retirement age;

provisions of professional pension as target compensation of loss of the salary owing to termination of work in special working conditions before achievement of generally established retirement age or in the form of additional payment after achievement of generally established retirement age;

the choice by insured person of compensation for work in special working conditions in the form of early or (and) additional professional pension;

accumulative forming of funds for payment of professional pensions;

equivalence of the size of professional pension to amount of pension savings;

social partnership when implementing professional pension insurance;

state control of implementation of professional pension insurance.

Article 4. Insurer

The insurer on professional pension insurance is Social Security Fund of the population of the Ministry of Labour and Social Protection (further - Fund).

Article 5. The workers who are subject to professional pension insurance

1. Are subject to professional pension insurance taking into account the conditions provided by this Law:

1.1. the workers occupied full time at underground works, at works with especially harmful and especially severe conditions of work (according to lists of productions, works, professions, positions and indicators);

1.2. the workers occupied full time at works with harmful and severe conditions of work (according to the list of productions, works, professions, positions and indicators);

1.3. workers of flight and flight-test structure of civil aviation (according to the list of positions);

1.4. the workers exercising direct control of flights of aircrafts of civil aviation (according to the list of positions);

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