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PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of February 7, 2005 No. 194

About approval of Rules of calculation of the state salary for superannuation by the government employee and Rules of recalculation of work pension of government employees

(as amended on on November 23, 2007)

For the purpose of providing government employees with work pension I decide:

1. Approve "Rules of calculation of the state salary for superannuation by the government employee" (Appendix 1).

2. Approve "Rules of recalculation of work pension of government employees" (Appendix 2).

3. Charge to the Cabinet of Ministers of the Azerbaijan Republic to provide to two-month time offers on reduction of positions, stipulated in Item 6 of "Rules of calculation of the state salary for superannuation by the government employee", to compliance with the positions of public service specified in the Qualifier of managerial and auxiliary positions approved by the Presidential decree of the Azerbaijan Republic of August 4, 2003 No. 911.

4. Determine that the Rules provided by Items 1 and 2 of this Decree also extend to persons holding positions of the Prime Minister of the Azerbaijan Republic and his deputies, Prime Minister of the Nakhchivan Autonomous Republic and his deputies, head of the central executive body of the Azerbaijan Republic and his deputy, head of the central executive body of the Nakhchivan Autonomous Republic, head (head) of local executive body.

5. Determine that the Rules provided by Items 1 and 2 of this Decree are applied since January 1, 2005.

 

President

Azerbaijan Republic Ilham ALIYEV

Appendix 1

Approved by the Presidential decree of the Azerbaijan Republic of February 7, 2005 No. 194

Rules of calculation of the state salary for superannuation by the government employee

1. These rules regulate calculation of the state salary for superannuation by the government employee.

2. The state salary is estimated according to Item 3-12 of these rules on the basis of official pay rate of government employees, awards which are involved in compulsory national social insurance, degree of qualification, surcharges for length of service and the amounts of other money payments established by the President of the Azerbaijan Republic.

3. The state salary is estimated from the state salary of the government employee received by him for 24 months preceding day of the address, or any consecutive 60 months.

4. Based on request of the government employee who addressed for work pension, incomplete months of its acceptance for work and dismissals from work, the period of partially paid leave on child care, the period of loss of temporary working capacity is subtracted from the specified months. In that case, the subtracted months are filled for the months prior and following behind the specified 24 or 60-month term.

5. If the state salary for superannuation is estimated based on various official qualifications, according to the number of the considered months of service, the state salary is estimated separately for each position and after further summing is divided into the number of the considered months (24 months or 60 months).

6. If for the period of the address of the government employee for superannuation position of public service for which the state salary is estimated no and also if the state salary for superannuation by the government employee working in the state, Soviet, party bodies till October, 1991 is established based on their income for the specified period, the state salary is considered on the existing position of public service, according to the list of reduction of the positions approved by the President of the Azerbaijan Republic in compliance with the positions of public service provided by the Presidential decree of the Azerbaijan Republic of August 4, 2003 No. 911.

7. In case of death of the government employee who is again accepted on public service after superannuation, the state salary for superannuation to his family at the request of the members of his family having the right to work pension it is established on providing with work pension died the government employee or the labor pensioner, having the right as the government employee to receive surcharges to work pension and agrees specified in these rules.

8. In case of establishment of the state salary for superannuation by the government employee are considered:

8.1. the increase coefficient established for official pay rates in state bodies, working conditions in which pose threat of life and to health, or are especially heavy according to article 22.4 of the Law of the Azerbaijan Republic "About public service";

8.2. the local coefficients established according to Article 22.5;

8.3. the surcharges established for work over working hours according to Article 30.2.

9. In case of establishment of the state salary for superannuation to the government employee also other money payments involved to compulsory national social insurance are considered.

10. The payment for qualification degree as a part of the state salary for superannuation by the government employee is considered according to the certificate of assignment to it the qualification category based on the service record issued to it by state body where it worked.

11. The salary supplement for execution of powers of authority for calculation of work pension to the government employee is estimated based on the certificate of it issued to it by state body where it worked.

12. Awards as a part of the state salary for calculation of work pension to the government employee are considered according to the current legislation based on the certificate of it issued to it by state body where it worked.

Appendix 2

Approved by the Presidential decree of the Azerbaijan Republic of February 7, 2005 No. 194

Rules of recalculation of work pension of government employees

1. These rules regulate recalculation of the amount of work pension of government employees according to the subsequent increases in the amounts of the state salary of the acting government employee and other bases provided by the Law.

2. In case of change of the amount of the state salary of the acting government employee, the amount of work pension of the government employee is subject to recalculation according to provided by Items 3-10 of these rules without restriction of term, according to the subsequent increases in the amount of the state salary of the acting government employee.

3. In case of increase in official pay rate of the acting government employee, the surcharges established as a percentage in the ratio to it (surcharge to the government employee for working life to positions, etc.) is subject to recalculation and it is summed up in the general state salary. In this case the surcharges established in absolute figures (surcharge to official pay rate of government employees for the qualification category) remains invariable and increases to the increased official pay rate in case of recalculation of the state salary.

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