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LAW OF THE KYRGYZ REPUBLIC

of June 17, 1996 No. 20

About the national social insurance

(as amended on 31-12-2020)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on June 3, 1996

This Law determines legal, economic and organizational basis of the national social insurance of citizens of the Kyrgyz Republic.

Section I. General provisions

Article 1. National social insurance

The national social insurance is system of the types of providing insured persons guaranteed by the state when losing of earnings or the income by them owing to labor mutilation or occupational disease, disability, old age, loss of the supporter and death at the expense of compulsory insurance premiums of employers and citizens.

The national social insurance is obligatory.

Article 2. Basic concepts and determinations

The insurer - citizens, legal entities (the company, the organization, organization and other business entity irrespective of patterns of ownership and types of activity) and their separate divisions (branches, representations), physical persons hiring citizens according to employment contracts (contracts) including foreign legal entities and physical persons, and also the international organizations, the organizations created according to international agreements, the international projects, diplomatic organizations and representations performing the activities in the territory of the Kyrgyz Republic.

The insurer - the legal entity performing insurance activity in the field of the national social insurance.

Insured person - physical person for benefit of which the national social insurance is performed.

Insured event - accomplished fact with which approach there is obligation of the insurer to make insurance payment to insured person or to compensate the costs incurred by it.

Benefit - the insurance payment made in case of loss occurrence to insured person in the amount of and on the conditions established by the legislation.

Compensation - compensation to insured person of the incurred costs in the cases established by the legislation.

Insurance premium - payment for the national social insurance which the insurer shall bring to the insurer.

Subjects of the national social insurance - the insurer, the insurer, insured person.

Rate of insurance premiums - the size of insurance premium as a percentage to the added compensation (income) on all bases or in the firm sizes established for the corresponding category of payers of insurance premiums on the national social insurance.

Registration in bodies of the national social insurance - accounting of subjects of the national social insurance in bodies of the national social insurance as payers of insurance premiums based on information of the state bodies performing state registration of physical persons and legal entities.

Insurance years of service - the total duration of the periods of labor and other activity during which insured person (or for it) paid fees on the national social insurance.

The state accumulation pension fund - trust insurance fund in which the insurance premiums for financing of investment part of the state pension considered in accumulated portion of the insurance account and invested for the purpose of receipt of investment revenue for benefit of insured persons accumulate.

Investment revenue - dividends and percent (income) on securities and bank deposits, other income types from transactions on investment of means of pension accruals.

Accumulative provision of pensions - system of accumulating, investment of pension accruals, distributions of investment revenue on accumulated portions of insurance accounts of citizens and pension payment on their basis.

Pension assets - the means intended for investment, receipt of investment revenue for benefit of the insured person, providing and implementation of retirement benefits from the accumulation pension funds.

The agreement on mandatory pension insurance - the agreement between the accumulation pension fund and insured face for benefit of insured person according to whom the accumulation pension fund shall in case of approach of the pension bases to perform appointment and payment to insured person of investment part of the state pension.

Pension accruals - set of the personal insurance accounts of citizens of the means created at the expense of the arrived insurance premiums for pension accruals and the income from their investment considered in accumulated portion.

Authorized state body - the state body of the Kyrgyz Republic determined by the Government of the Kyrgyz Republic, having functions and powers on collection of insurance premiums, control of calculation and payment of insurance premiums, accountability for violation of requirements of the legislation for the national social insurance.

Article 3. Principles of the national social insurance

The basic principles of the national social insurance are:

general and binding character of social protection of insured persons;

the state security of the reached level of social protection of insured persons;

differentiation of level of social protection of insured persons taking into account their labor contribution, the reasons of insured event and other factors;

own responsibility of insured persons providing their direct participation in registration and financing of the social insurance;

participation of public associations in control and development of system of the national social insurance;

equality and legal protection of subjects of the national social insurance.

Article 4. Regulation of the national social insurance

The national social insurance is regulated by this Law and other regulatory legal acts.

The relations, institutes, terms and determinations connected with collection of insurance premiums, control of calculation and payment of insurance premiums, accountability for violation of the law on the national social insurance, arising when implementing functions of authorized state body and not settled by this Law are regulated by the tax legislation of the Kyrgyz Republic.

Article 5. Persons which are subject to the national social insurance

Are subject to the national social insurance:

the citizens of the Kyrgyz Republic consisting in employment relationships (further - workers);

the citizens of the Kyrgyz Republic performing labor activity on other conditions (the individual entrepreneurs, self-employed, privately practicing, creative specialists and physical persons including performing individual labor activity) in case of payment of insurance premiums by them;

stateless persons and foreign citizens - on an equal basis with citizens of the Kyrgyz Republic on conditions, stipulated by the legislation and the international treaties which came in the procedure established by the law into force which participant is the Kyrgyz Republic;

the citizens of the Kyrgyz Republic working in the international organizations, diplomatic organizations and representations.

the citizens of the Kyrgyz Republic directed in accordance with the established procedure to work abroad based on come in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic.

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