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LAW OF THE REPUBLIC OF TAJIKISTAN

of June 25, 1993 No. 796

About provision of pensions of citizens of the Republic of Tajikistan

(as amended on 18-03-2015)

This Law according to the Constitution of the Republic of Tajikistan guarantees to all citizens living in the Republic of Tajikistan, right to maintenance in old age and in other cases by provision of the retirement and social pensions provided by this Law.

The law is directed to that work as source of growth of welfare of the people and each citizen of the republic, excepting equalization approach in provision of pensions was more fully considered. He establishes unity of conditions and regulations of provision of pensions of workers, employees, members of kolkhozes and other categories of workers.

The law guarantees social security of pensioners by establishment of pensions at the level oriented to subsistence minimum and also regular review of their sizes in connection with increase or reduction of the size of the minimum consumer budget and increase in efficiency of economy of the republic.

Section I. General provisions

Article 1. Right of citizens to provision of pensions

Citizens of the Republic of Tajikistan have the right to provision of pensions on age, on disability, on the occasion of loss of the supporter and in other cases provided by the law.

The citizens of other states and persons without citizenship living in the Republic of Tajikistan have pension entitlement on an equal basis with citizens of the Republic of Tajikistan if other is not stipulated by the legislation the Republic of Tajikistan.

Article 2. Types of pensions

Under this Law are appointed:

a) work pensions:

- on age (on old age) (are referred to as - old-age pensions);

- on disability;

- on the occasion of loss of the supporter;

- for long service;

b) social pensions.

Article 3. Persons having the right to work pension

Persons occupied with socially useful work in case of observance of other conditions provided by the Law have the right to work pension:

a) working based on the employment contract (contract) at the companies, in organizations, the organizations, cooperatives, irrespective of the used patterns of ownership and managing, or based on membership in kolkhozes and other cooperatives (the companies and the organizations are referred to as if other is stipulated) - on condition of payment by the companies and organizations of insurance premiums in authorized body;

b) engaged in individual labor activity, including on the terms of individual (group) lease or in personal Dehkan (farmer) economy, and also individual business activity based on the patent or the certificate - on condition of payment of insurance premiums in authorized body;

c) members of the creative unions, and also other creative specialists who are not members of the creative unions - on condition of payment of insurance premiums in authorized body;

d) other persons which are subject to the national social insurance;

e) the workers of paramilitary forces who are not subject to the national social insurance, faces of the commanding and ordinary structure  of the Communication service  under  the Government of the Republic of Tajikistan;

e) pupils of the highest and average special educational institutions, schools, schools and rates on training, graduate students and clinical interns, doctoral candidates;

g) persons which became disabled people in connection with accomplishment of the state or public duties, or in connection with accomplishment of debt of the citizen of the Republic of Tajikistan on rescuing of human life, on protection state, ownership in common, property of citizens and law and order;

h) persons performing care of disabled people of 1 group or the handicapped child aged up to 18 years, and also for aged, reached 80-year age;

i) members of families of persons specified in this Article and pensioners from among these persons - in case of loss of the supporter.

Article 4. Provision of pensions of the military personnel and their families

Conditions, regulations and procedure for provision of pensions of the military personnel and employees of the paramilitary forces which are not subject according to the legislation of the Republic of Tajikistan to the national social insurance and members of their families, are established by the Law of the Republic of Tajikistan "About provision of pensions of the military personnel". They are also granted the right to pension according to the procedure, established by this Law. In this case pension payment, the Republic of Tajikistan appointed according to the Law "About provision of pensions of the military personnel", stops.

Article 4-1. Persons having the right to early pension

In one year before retirement age citizens who owing to circumstances were the unemployed have the right to early pension and have entitlement to benefit on unemployment within 52 calendar weeks, the man - in case of years of service at least 25 years, women in case of years of service at least 20 years.

The government employee exempted from the state position in case of liquidation, reorganization and restructuring of state body, reducing number or established posts of government employees in the presence of general working life of 25 years for men, 20 years for women, from them at least 10 years of years of service of public service, is granted the right of retirement for two years before the term established by the legislation of the Republic of Tajikistan.

The pension established ahead of schedule for the unemployed in case of arrival of the specified pensioners for work, is not paid. After achievement by such persons of retirement age in case of which they acquire pension entitlement in accordance with general practice payment of pension to them is made according to article 20 of this Law.

Article 4-2. Provision of pensions of government employees 

It is excluded.

Article 5. Persons having the right to social pension

All disabled citizens irrespective of social accessory on the conditions determined by this Law have the right to social pension.

Article 6. Pension option

Persons having at the same time the right to various pensions are granted one pension at their choice.

Article 7. Request for award of pension

The request for award of pension is performed after emergence of pension entitlement without restriction with any term at any time.

At the same time old-age pensions and on disability are appointed irrespective of, work by the time of the request for pension is stopped or continues. Long-service pensions are granted when leaving the work granting the right to this pension.

Article 8. Funds for pension payment. Release of pensions from taxes

Pension payment is performed from authorized body.

Pensions are not subject to taxation.

Money of authorized body joins in the income and expenses of the government budget the separate Section of budget classification are used for purpose, are not subject to withdrawal.

Article 9. The bodies performing provision of pensions

Provision of pensions under this Law is made by social welfare institutions of social protection of the population.

Management of authorized body and state examination of working conditions on harm and weight is performed according to the procedure, determined by Council of Ministers the Government of the Republic of Tajikistan. Uniform application of this Law is determined by the Supreme Council of the Republic of Tajikistan.

Article 10. The questions relating to maintaining Council of Ministers of the Government of the Republic of Tajikistan

To maintaining Council of Ministers of the Government of the Republic of Tajikistan in addition to the questions provided in this Law also the questions connected with procedure for appointment and pension payment, determination of features of calculation of years of service of separate categories of citizens treat with observance of the guarantees provided by this Law.

Section II. Work pensions. Old-age pensions

Article 11. Conditions of purpose of pensions

The pension entitlement on age is had:

since July 1, 2001:

- men - on reaching 61 year and in case of length of service at least 25 years;

- women - on reaching 56 years and in case of length of service at least 20 years;

since July 1, 2002:

- men - on reaching 62 years and in case of length of service at least 25 years;

- women - on reaching 57 years in case of length of service at least 20 years;

since July 1, 2003:

- men - on reaching 63 years in case of length of service at least 25 years;

- women - on reaching 58 years and in case of length of service at least 20 years.

Article 12. The preferential pensions connected with special working conditions

On favorable terms have pension entitlement on age irrespective of the place of the latest work:

a) the workers occupied full time at underground works, at works with especially harmful and especially severe conditions of work - according to the list No. 1 of productions, works, professions, positions and indicators approved by Council of Ministers the Government of the Republic of Tajikistan and by results of certification of workplaces:

- men - on reaching 50 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 45 years and in case of length of service at least 15 years, from them at least 7 years and 6 months at the specified works.

To the workers having at least a half of length of service with especially harmful and especially severe conditions of work, pensions are on favorable terms granted with reduction of age, the stipulated in Article 11 these Laws, for 1 year for each complete year of such work to men and women;

b) the workers occupied full time at other works with harmful and severe conditions of work - according to the list No. 2 of productions, works, professions, positions and indicators approved by Council of Ministers the Government of the Republic of Tajikistan and by results of certification of workplaces:

- men - on reaching 55 years and in case of length of service at least 25 years, from them at least 12 years and 6 months at the specified works;

- women - on reaching 50 years and in case of length of service at least 20 years, from them at least 10 years at the specified works.

To the workers having at least a half of length of service with harmful and especially severe conditions of work, pensions are on favorable terms granted with reduction of the age provided in article 11 of this Law for 1 year for each 2 years and 6 months of such work to men and for each 2 years of such work to women;

c) tractor operators-drivers, directly busy in production of agricultural products in kolkhozes and sovkhozes, - men on reaching 55 years and in case of general length of service at least 25 years, from them at least 20 years at the specified work;

d) the women working as the tractor operator-driver, operators of the construction, road and handling machines mounted based on tractors and excavators - on reaching 50 years and in case of general length of service at least 15 years at the specified work;

e) the women working as milkmaids (operators of machine milking), svinarey-operators in kolkhozes, sovkhozes, on reaching 50 years and in case of years of service of the specified work at least 20 years on condition of accomplishment of the established servicing regulations.

Servicing regulations for these purposes are established according to the procedure, determined by Council of Ministers the Government of the Republic of Tajikistan;

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