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".
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 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.
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.
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.
Persons having the right to pensions on several bases are granted one pension at their choice.
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.
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.
1. General pension on the national pension social insurance consists from solidary (basic and insurance pensions) and accumulative parts, except pension on the occasion of loss of the supporter which consists from basic and insurance parts of pensions.
2. Basic part of pension - the part of pension to the persons having the insurance years of service established by this Law and answering to other conditions provided by this Law guaranteed by the state. The size of basic part of pension is established by the Cabinet of Ministers of the Kyrgyz Republic. The basic part of pension is appointed and paid to persons 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).
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 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. Condition for carrying out indexation of basic part of pension is increase in size of the average salary on the republic for the previous calendar year preceding indexation. The basic part of pension is indexed 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).
The coefficient of indexation of the sizes of insurance parts of pensions makes size at least average value from the amount of consumer price index and growth of the average monthly salary which developed for the previous calendar year. At the same time the amount of indexation constitutes at least growth of size of subsistence minimum of the pensioner for the previous calendar year.
Indexation of pensions is carried out annually within the means provided in the budget of Social fund. The procedure for indexation of pensions is determined by the Cabinet of Ministers of the Kyrgyz Republic.
1. In insurance years of service for award of pension only those periods of time for which insured person (or for it) paid fees on the national pension social insurance, and also time of resident instruction in initial professional, average professional and highest professional educational institutions in case of payment of insurance premiums are set off.
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