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Ministry of Justice

Republic of Tajikistan 

 On January 14, 2010 No. 9

LAW OF THE REPUBLIC OF TAJIKISTAN

of January 12, 2010 No. 595

About insurance and national pensions

(as amended on 04-07-2020)

This Law determines organizationally - the legal basis of state regulation of mandatory pension insurance of citizens of the Republic of Tajikistan, the right and obligation of state bodies, physical persons and legal entities, procedure for appointment and payments of insurance and national pensions, and also sources of their financing.

Chapter 1. General provisions

Article 1. Basic concepts

In this the Law the following basic concepts are used:

- the pensioner - person who is granted and paid pension;

- basic pension - indicator for calculation of the pensions and pension supplements provided by this Law;

- insurance pension - the money payment appointed to person insured in system of the national pension insurance;

-   No. 1200 is excluded according to the Law of the Republic of Tajikistan of 18.03.2015

- social pension - the monthly state payment appointed according to this Law for the purpose of social security and material support of the certain national groups which do not have the right to insurance pension;

- mandatory pension insurance - the form of state regulation of the pension relations based on the organization of accounting of the paid pension contributions;

- the personified accounting - method of collection, processing and storage of the data necessary for award of pension in system of pension insurance;

- loss of the supporter - case of loss of source of the income connected with the death of the supporter in whose dependence there were disabled members of his family;

- professional provision of pensions - the form of provision of pensions of hired employees at the expense of means of the employer caused by the special working conditions leading to gradual disability before achievement of retirement age;

- pension supplement - the sum of money appointed in addition to the established pension size in the cases provided by this Law;

-   No. 1200 is excluded according to the Law of the Republic of Tajikistan of 18.03.2015

- indexation - the change of the size of the granted pensions and the conditional pension capital caused by change of indicators of level of living;

- individual pension accruals - the money which is on special part of individual personal account of insured face of the citizen in system of the national pension insurance or in non-state pension fund;

-   No. 1200 is excluded according to the Law of the Republic of Tajikistan of 18.03.2015

- disability - the permanent violation of health of the person which is expressed in disorder of functions of organism and bringing to partial or full disablement;

- insurance years of service - the periods during which the citizen or the employer in accordance with the established procedure brought insurance premiums which were considered in system of mandatory pension insurance and grant the right to appointment and pension payment;

- the conditional pension capital - the total amount of the insurance premiums brought on mandatory pension insurance in the state authorized body for insured person or insured person.

Article 2. Legislation of the Republic of Tajikistan on insurance and national pensions

The legislation of the Republic of Tajikistan on insurance and national pensions is based on the Constitution of the Republic of Tajikistan, consists of this Law, other regulatory legal acts of the Republic of Tajikistan and the international acts recognized by Tajikistan.

Article 3. Tasks and coverage of this Law

1. Tasks of this Law are:

- step-by-step creation of the multi-level pension system providing the level of the income of the citizens having pension entitlement guaranteed by the state;

- establishment of insurance and national pensions and determination of procedure for their payment;

-   No. 1200 is excluded according to the Law of the Republic of Tajikistan of 18.03.2015

-   No. 1200 is excluded according to the Law of the Republic of Tajikistan of 18.03.2015

- determination of sources of financing by types of providing and categories of pensioners;

- creation of conditions for participation of citizens in forming of pension assets and public management of system of provision of pensions.

2. Operation of this Law extends to the citizens of the Republic of Tajikistan, foreign citizens and stateless persons performing labor activity in the territory of the Republic of Tajikistan and subjects to mandatory pension insurance.

Article 4. Principles of insurance and state provision of pensions

The system of insurance and state provision of pensions is based on the following principles:

- state regulation of the sizes of the insured income and the subsequent insurance payments to citizens;

- compliance of the sizes of the granted insurance pensions to the saved-up pension rights and amounts of the insured income in system of mandatory pension insurance insured by person;

- equal responsibility of the state, employer and citizen for provision of pensions of the citizen in old age, in case of the disability and other cases provided by this Law;

- combination of mechanisms of social partnership and direct state regulation in management of system of insurance and state provision of pensions;

- the provision of pensions guaranteed by the state in the cases determined by this Law;

- mnogokanalnost of sources of financing and stimulation of participation of the non-state sector in social and provision of pensions of citizens;

- funds redistributions between categories of insured persons.

Article 5. Involvement of citizens to management of system of provision of pensions

Involvement of citizens in process of development and realization of the state pension policy in Tajikistan is regulated in compliance with regulations of the Labor code of the Republic of Tajikistan and other regulatory legal acts.

Article 6. System of provision of pensions

In the Republic of Tajikistan the single system of provision of pensions consisting from is created:

- insurance provision of pensions;

- state provision of pensions.

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