LAW OF THE KYRGYZ REPUBLIC

of July 21, 1997 No. 57

About the national pension social insurance

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on June 30, 1997

This Law establishes the insurance principles in compulsory national pension social insurance of citizens and guarantees to insured persons provision of pensions in case of loss occurrence.

In this Law the terms and determinations established by the laws of the Kyrgyz Republic "About the national social insurance", "About the personified (individual) accounting of citizens of the Kyrgyz Republic for the purposes of compulsory national social insurance are applied".

Chapter I. General provisions

Article 1. The right to pensions on the national pension social insurance

On the national pension social insurance (further - pensions) according to this Law the insured citizens of the Kyrgyz Republic, foreign citizens and persons without citizenship who are constantly living in the republic, contributing to the national pension social insurance on the basis and conditions provided by the Law of the Kyrgyz Republic "About the national social insurance" have the right to pensions.

In cases when the international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic, other rules are provided, than containing in this Law apply the rules established by these international treaties.

Article 2. Procedure for regulation of the legislation on the national pension social insurance

1. This Law is the main regulatory legal act regulating questions of the national pension social insurance of citizens in the Kyrgyz Republic.

2. It is forbidden to include questions of the national pension social insurance in other laws, except the cases provided by the Law of the Kyrgyz Republic "About provision of pensions of the military personnel" and this Law.

3. The procedure for ensuring the national pension social insurance of citizens within application of the legislation in the sphere of protection of the rights of participants of criminal trial is determined by the Cabinet of Ministers of the Kyrgyz Republic.

Article 3. Types of pensions

Under this Law the following types of pensions are appointed:

a) on age;

b) on disability;

c) on the occasion of loss of the supporter.

Article 4. Right to the choice of pension

Persons having the right to pensions on several bases are granted one pension at their choice.

Article 5. Funds for pension payment

1. Funds for pension payment are accumulated and used by Social fund of the Kyrgyz Republic (further - Social fund) from insurance premiums of payers, and also assignments from the government budget on conditions and according to the procedure, established by the Law of the Kyrgyz Republic "About the national social insurance".

2. Means of employers are used on preferential pension insurance of workers according to the List No. 2 of productions, works, professions, positions and indicators approved by the Cabinet of Ministers of the Kyrgyz Republic (further - the List No. 2), workers of textile productions and aircraft, actors, according to recourse actions.

Article 6. Bodies of the national pension social insurance

1. The bodies performing all cycle of the national pension social insurance in the Kyrgyz Republic from registration before pension payment are the Social fund and its territorial authorities - district and city departments.

2. Public control over application of this Law is exercised by labor unions.

Article 7. Levels of pensions

1. General pension on the national pension social insurance consists from solidary (basic and insurance pensions) and accumulative the parts, except as specified, provided by this Law.

2. Basic part of pension - the part of pension to persons guaranteed by the state whose insurance part of pension for date of award of pension does not exceed the size of three subsistence minimums of the pensioner (who actually developed for previous year). At the same time the amount of finishing basic part of pension is determined as difference between complete basic part of pension and the size of general pension less the size of three subsistence minimums of the pensioner (who actually developed for previous year).

The size of basic part of pension is established by the Cabinet of Ministers of the Kyrgyz Republic.

3. Insurance part of pension - the part of pension established to persons insured on the national pension social insurance taking into account insurance years of service and the average monthly salary or cumulative insurance premiums and estimated according to Item 3 of article 22 of this Law.

3-1. Investment part of the state pension - the part of pension established to insured person from the amount of the pension accruals considered in accumulated portion of the personal insurance account, and estimated according to article 22 of this Law.

4. For the purpose of ensuring protection of interests of pensioners indexation basic and insurance parts of pension is carried out. Condition for carrying out indexation of basic part of pension is growth of size of the average salary on the republic for the previous calendar year preceding indexation. The basic part of pension is supported at the level of not lower than 12 percent of the average salary (which actually developed in the republic for previous year) by indexation if the general size of pension is lower than the size of subsistence minimum of the pensioner (who actually developed for the previous calendar year). Condition of carrying out indexation of insurance parts of pension is growth of size of the average salary and the consumer price index which developed for the calendar year preceding indexation.

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