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RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of September 8, 2011 No. 252

About approval of the regulatory legal acts directed to further enhancement of procedure for appointment and payment of national pensions

(as amended on 04-06-2021)

In pursuance of the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of April 7, 2011 "About approval of the regulatory legal acts necessary for implementation of the Law of the Republic of Uzbekistan "About modification and amendments in the Law of the Republic of Uzbekistan "About the state provision of pensions of citizens" and the Labor code of the Republic of Uzbekistan" the Cabinet of Ministers decides No. 107:

1. Approve:

Regulations on procedure for appointment and payment of national pensions, according to appendix No. 1;

Regulations on procedure for recalculation of the earnings accepted for calculation of pension using individual coefficients of earnings, according to appendix No. 2 and to enact it since October 1, 2011.

2. To the Ministry of Finance and the Ministry of Labour and Social Protection of the population together with other interested ministries and departments of the Republic of Uzbekistan in three-months time:

submit for consideration of the Cabinet of Ministers the draft of the resolution providing payment procedure of insurance premiums in the off-budget Pension fund under the Ministry of Finance of the Republic of Uzbekistan the citizens of the Republic of Uzbekistan working abroad and separate categories of persons which working hours do not give in to accounting, and also accounting treatment for their working life and the size of the actual earnings accepted for calculation of pension;

develop and approve in accordance with the established procedure the Instruction for application of lists of the productions, organizations, works, professions, positions and indicators granting pension entitlement on favorable terms.

3. Recognize invalid some decisions of the Government of the Republic of Uzbekistan according to appendix No. 3.

4. To the Ministry of Finance of the Republic of Uzbekistan together with the interested ministries and departments to bring departmental regulatory legal acts into accord with this resolution in a month.

5. To impose control of execution of this resolution on the First Deputy Prime Minister of the Republic of Uzbekistan R.S.Azimov.

Prime Minister of the Republic of Uzbekistan

Shavkat Mirziyoyev

Appendix No. 1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of September 8, 2011 No. 252

Regulations on procedure for appointment and payment of national pensions

I. General provisions

1. This Provision according to the Law of the Republic of Uzbekistan "About the state provision of pensions of citizens" (further - the Law) determines procedure for appointment and payment of national pensions, applications of pension privileges and regulation of other questions connected with provision of pensions of citizens.

2. For the purpose of this provision the following terms and determinations are used:

the residence - the apartment house, the apartment, office premises, specialized houses (the hostel, boarding house, the special house for lonely aged, the house boarding school for disabled people, veterans and others), and also other premises in which the physical person who addressed for pension constantly lives (it is registered in the place of permanent residence) as the owner, according to the employment contract (subhiring), the lease agreement or on other bases, stipulated by the legislation, and in case of lack of the place of permanent residence (registration in the place of permanent residence) - the place of temporary stay (registration in the place of temporary stay);

pension - monthly money payment which right is determined in accordance with the terms and the regulations established by the Law and which is provided to persons in connection with occurrence of retirement age, disability or loss of the supporter;

the legal representative - the adoptive father, the guardian or the custodian recognized as those according to the procedure, established by the legislation;

the location of pension case - district (city) department of the off-budget Pension fund under the Ministry of Finance of the Republic of Uzbekistan in the place of receipt of pension;

the request for pension - filing of application in district (city) department of the off-budget Pension fund under the Ministry of Finance of the Republic of Uzbekistan about award of pension, recalculation of the size of pension, the transfer from one type of pension to other type, and also recovery (renewal) of payment to earlier suspended (stopped) pension in accordance with the established procedure;

pension case - the stitched set of documents based on which pension is granted to person who addressed for pension;

busy person - the physical person which is independently providing itself with work and which working hours do not give in to accounting, the entrepreneur, including occupying with business activity without formation of legal entity, the person occupied in personal subsidiary and Dehkan farm, which is directly performing cultivation of cattle, production and realization of livestock and other agricultural products, and also subject of family entrepreneurship and the handicraftsman;

person - the citizen of the Republic of Uzbekistan, and also the foreign citizen or the person without citizenship who is constantly living in the Republic of Uzbekistan and received the residence permit in accordance with the established procedure;

earnings - the earnings of person accepted for calculation of pension;

length of service - the general duration of the labor and other activity granting the right to provision of pensions according to the legislation, irrespective of the available work stoppages, determined by the service record and other documents issued from place of employment, service, study or archive;

special length of service - duration of the labor activity granting the right to preferential provision of pensions according to the legislation in certain industries of the national economy, professions and positions;

the sheet - the document containing data on surname, name and middle name, the residence, passport data, terms and payment amounts of pensions and benefits of the pensioner and the receiver of benefit, represented to the organization to which delivery (delivery) of pension, and branch of commercial bank for pension payment and benefits is assigned.

3. To person having at the same time pension entitlement under the Law and according to the legislation on provision of pensions of separate categories of citizens, the stipulated in Article 5 Laws one type of pension at its choice is appointed.

4. Appointment and pension payment, and also consideration of other questions connected with provision of pensions of citizens according to this Provision is performed by district (city) department of the off-budget Pension fund under the Ministry of Finance of the Republic of Uzbekistan (further - department of the Pension fund) under the terms and to the regulations provided by the Law "About the State Provision of Pensions of Citizens".

II. Procedure for submission of the documents necessary for award of pension

5. The administration of the organization in December every year based on personal cards and service records constitutes the list of the workers acquiring pension entitlement next year as on general, and on favorable terms.

In the list shall be specified: surname, name, worker's middle name; year, month and birthday, and also place of residence of the worker; name of structural division; position (profession); bases for the request for award of pension; the length of service supported by the documents; the special length of service granting pension entitlement on age on favorable terms.

6. Concerning the workers included in the specified list, the administration of the organization performs preliminary preparation of the documents necessary for purpose of pensions. If necessary measures for reclamation of missing documents shall be taken by administration of the organization.

Based on all collected documents the administration of the organization draws up representation to award of pension.

7. The administration of the organization shall inform no later than day of achievement of retirement age by the worker him on emergence of pension entitlement.

In case of submission by the worker of the statement for award of pension the administration of the organization within 10 days from the moment of registration of this statement finally processes necessary documents and representation, with subsequent acquaintance of the applicant (on receipt in representation).

Documents and representation together with the statement of the worker go to department of the Pension fund of the residence of the applicant. If the administration of the organization collects not all documents, necessary for award of pension, in department of the Pension fund the available documents are given, and missing documents are submitted in addition within terms, stipulated in Item the 10th this provision.

If to the worker it is refused representation to award of pension, to him it is reported about it in writing with indication of causes of failure. When addressed for pension he does not agree with the decision of administration, he can submit the application for award of pension directly to department of the Pension fund of the residence.

8. The application for award of pension is submitted by person having pension entitlement according to the legislation to department of the Pension fund of the place of his residence.

In case of award of pension to the worker and members of his family (pension on the occasion of loss of the supporter) the application for award of pension can be submitted to department of the Pension fund of the residence of the applicant through administration of the organization for the place of the latest work of the worker or the died supporter (in case of appointment to members of his family of pension on the occasion of loss of the supporter).

When person on who pension is granted is minor or incapacitated, the application is submitted by his parent or the guardian in the place of their residence.

8-1. The statement for appointment (recalculation, recovery, transfer from one type of pension to other type) pensions to the persons condemned to imprisonment, serving sentence in colonies settlements moves directly in department of the Pension fund of the colony settlement location.

The statement of the person condemned to imprisonment, serving sentence for appointment (recalculation, recovery, transfer from one type of pension to other type) pensions moves administration of colony settlement in department of the Pension fund of the colony settlement location. To the application for purpose (recalculation) of pension it is in addition enclosed data on length of service.

Department of the Pension fund:

on the basis of data on length of service of person gives practical help in collection of the documents, necessary for purpose (recalculation) of pension, specified in Items 12 - the 14th this provision;

will request from pension case in the relevant district (city) department of the Pension fund based on the statement for recovery or prolongation of pension payment.

9. The request for award of pension can be performed in any

time after emergence of pension entitlement, without restriction with any term.

10. Day of the request for pension day of reception of an application with all necessary documents is considered.

If the statement is sent by mail, and at the same time also all necessary documents are attached, then the date specified on postage stamp of departure of this statement is considered day of the request for pension.

When not all necessary documents are enclosed to the application, the department of the Pension fund reports administration of the organization or the applicant what documents shall be submitted in addition. If they are provided no later than three months from the date of receipt of the notice on need of submission of additional documents, then day of the request for appointment as pension day of reception of an application about award of pension is considered.

11. In case of doubts in justification and reliability of the documents submitted by the applicant the department of the Pension fund can pass the decision on verification of the submitted documents for award of pension. Check is made in the organization or in archive, issued supporting documents. By results of check the statement in duplicate which is certified by the signature checking and the official of the organization or archive, and also seal of the organization or archive is drawn up. One copy of the act remains in the organization or in archive, the second copy - in department of the Pension fund. In the act information on the one who issues supporting documents, and about the location of documents at the time of check without fail is specified.

When the department of the Pension fund passes the decision on verification of the submitted documents for award of pension, day of the request for pension date of the initial request for pension, irrespective of date of termination of check is considered.

12. To the statement of person who addressed for award of pension on age, shall be enclosed:

the document confirming length of service, including special length of service;

certificate of earnings.

Besides, in necessary cases are represented:

a) the reference confirming military service, stay in guerrilla groups and connections, service in the state security agencies and in law-enforcement bodies, issued by relevant organ;

b) the reference confirming service in the militarized protection, in bodies of special communication and in mine-rescue parts irrespective of departmental subordination, issued by relevant organ;

c) the reference based on the information provided by the state tax authorities of the Republic of Uzbekistan confirming payment:

for the period till January 1, 2019 - insurance premiums in the off-budget Pension fund under the Ministry of Finance of the Republic of Uzbekistan;

for the period after January 1, 2019 - single social payment;

d) the medical certificate, confirmatory that the child of the applicant was recognized the handicapped child aged up to 16 years, issued by the medical and advisory commission of treatment and prevention facility of the Ministry of Health of the Republic of Uzbekistan (further - VKK), or the corresponding part of the certificate of the disability confirming recognition by the disabled person of the I group of person behind which leaving was performed, issued by medical labor commission of experts (further - VTEK);

e) ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 03.10.2018 No. 789

e) the diploma or the reference confirming resident instruction in the highest educational institutions (including in military educational institutions in which training is equated to military service, and also at party schools), postgraduate study (institute of trainees-researchers of job seekers), doctoral studies (institute of the senior research associates of job seekers) and clinical internship to basic doctoral studies and doctoral studies (institute of postgraduate education), including abroad;

g) the reference confirming time of child care before achievement of age by it three years, issued by the organization (organizations) with which the woman was in employment relationships during the period since the birth of the child and before achievement of age by it three years, with application of a copy of orders on provision of child care leave and return from it;

h) the reference confirming the period of accommodation of wives of faces of officers, ensigns, warrant officers and the military personnel of extra urgent service with husbands in areas where there is no possibility of their employment;

z-1) the reference confirming the period of accommodation of spouses of employees of diplomatic representations and consular establishments of the Republic of Uzbekistan, and also persons affiliated by the Ministry of Foreign Affairs of the Republic of Uzbekistan on quota vacancies in international intergovernmental organizations abroad, issued by the Ministry of Foreign Affairs of the Republic of Uzbekistan;

i) the document certifying that the applicant is participant of war or person equated to it;

j) the certificate of treatment and prevention facility that the applicant is sick hypophysial nanizm (Liliputian) or the disproportional dwarf;

k) document on change of surname, name, middle name;

l) the corresponding part of the certificate of disability of VTEK - when in years of service the time spent for disability of I and II groups owing to labor mutilation or occupational disease is set off;

m) the medical certificate issued to VKK confirmatory that the child was recognized the handicapped child aged up to 8 years, or the certificate of stay on accounting treatment and prevention facility on the disease which is the basis for disability establishment, the issued VKK;

o) the verdict of not guilty or determination (resolution) of court on diversion or the resolution of the prosecutor (investigator) on diversion, and also the reference of investigating bodies or law-enforcement bodies about the period of the conclusion of person under guards as measure of restraint in the pre-trial detention center (prison), serving sentence in the form of arrest or imprisonment, and also documents on rehabilitation (the certificate of judicial authorities, bodies of prosecutor's office, inquiry and the investigation of pronouncement of the verdict of not guilty or resolution (determination) on the termination of criminal case of the rehabilitating bases);

o) idea of the district (city) Center of assistance of employment of the population of the Ministry of employment and employment relationships of the Republic of Uzbekistan of recognition of person by the unemployed;

p) the original or the duplicate of the temporary labor certificate for self-employed citizens.

13. To the statement of person who addressed for award of pension on disability, documents shall be enclosed:

the document confirming length of service, including special length of service;

certificate of earnings;

the act of accident and other damage of health on production or other official document if disability came owing to labor mutilation.

Besides, in necessary cases are represented:

No. 789 is excluded according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 03.10.2018

the documents specified in subitems "an" - "about" Item 12 of this provision.

14. To the statement of person who addressed for award of pension on the occasion of loss of the supporter, documents shall be enclosed:

the certificate of birth or the passport certifying age of person on whom pension is granted;

the documents confirming the related relations of the family member with the died supporter (the marriage certficate, the certificate on annulment of marriage, and in case of absence - the statement from civil registration, the reference of authorized organizations or officials of foreign states)

the copy of the death certificate of the supporter or the judgment about its unknown absence;

the document confirming length of service, including special length of service of the died supporter;

the accumulative pension book of the died supporter (after January 1, 2005);

the certificate of earnings of the died supporter;

the certificate of self-government institutions of citizens of the list of the family members who were dependent on the died supporter;

the certificate of educational institution that members of the family of the died supporter aged from 16 up to 18 years are pupils;

the act of accident and other damage of health on production or other official document if the death of the supporter came owing to labor mutilation;

the documents specified in subitems "a" - "p" Item 12 of this provision, drawn up (written out) addressed to the died supporter.

In case of the death of the supporter pensioner the necessary documents specified in this Item, except for the documents which are available in pension case of the dead shall be submitted.

The department of the Pension fund encloses to the application the corresponding part of the certificate of the disability received from VTEK on the adult family member to whom the pension entitlement on the occasion of loss of the supporter is granted owing to disability.

15. The department of the Pension fund renders assistance on reclamation in cases when person who addressed for award of pension, does not submit necessary documents for award of pension, them at the relevant organizations.

16. In the presence of the rights to establishment of the allowance (surcharge) to pension shall be enclosed to the application for award of pension:

a) the document certifying that the applicant is disabled veteran of I or II groups;

b) the corresponding part of the certificate of disability of VTEK about establishment of disability of the I group;

c) the corresponding part of the certificate of disability of VTEK about establishment of disability of the II group;

d) the document certifying that the applicant is participant of war or person equated to it;

e) the document certifying that the applicant worked and carried out military obligations in the back during war of 1941 - 1945;

e) the reference issued by relevant organ confirmatory that the death of the serviceman or employee of law-enforcement bodies is connected with fulfillment of duties of military service or service in law-enforcement bodies, and also the certificate of birth of the died serviceman or employee of law-enforcement bodies or the marriage certficate of the spouse(s) imprisoned with the died serviceman or the employee of law-enforcement bodies;

g) document on assignment of rank "Uzbekiston Kakhramoni";

h) certificate of assignment of honorary title.

17. The department of the Pension fund shall make explanations and references concerning registration and submission of documents for award of pension.

18. In case of the request for award of pension the passport (residence permit) of person which is granted pension shall be provided. Concerning the minor children who do not have the passport the certificate of birth is submitted.

19. The copy of the solution of hokim of the area (city) on purpose of guardianship or custody is enclosed to the application of the legal representative. The parent or the legal representative represent the passport.

20. As the document, confirmatory that the applicant is participant of war, the certificate of the participant of war of 1941 - 1945, the certificate on the right to privileges granted by soldiers to internationalists and also other documents confirming equating with the participant of war are accepted.

The group of people, equated to participants of war, is given in  appendix No. 1 to this Provision.

21. As the documents confirming change of surname, name, middle name are shown: the marriage certficate, the certificate of change of surname, name, middle names, the certificate on annulment of marriage, the statement from the corresponding record of the act of civil status, the reference of competent authorities (officials) of foreign states.

22. The question of confirmation of stay dependent on disabled family members can be established by the judgment.

23. As the document, confirmatory that the applicant is disabled veteran, the corresponding part of the certificate of disability of VTEK, and also the statement from the clinical record issued by military hospital is accepted.

The group of people, equated to disabled veterans, is given in appendix No. 2 to this Provision.

24. As the document, confirmatory that the applicant worked and carried out military obligations during war of 1941 - 1945, the service record, references of the organizations and archive, and also the reference of bodies for defense cases are accepted.

25. The fact of belonging of the unemployed disabled person of the II group to lonely pensioners is determined based on the data received from law-enforcement bodies that the applicant lives one (is registered) at the place of residence.

26. In case of award of pension according to the Item "z" of article 12 of the Law the fact of the birth of the child is determined based on the certificate of birth.

27. The documents necessary for award of pension can be provided both in originals, and in the copies certified by department of the Pension fund, except for the references (about earnings, about disability and others) which are represented only in originals.

28. As the identity document, the age, the residence, belonging to nationality of the foreign citizens who are constantly living in the territory of the Republic of Uzbekistan is shown the residence permit for the foreign citizen issued by law-enforcement bodies of the Republic of Uzbekistan.

As the identity document, the age, the residence of the persons without citizenship who are constantly living in the territory of the Republic of Uzbekistan is shown the residence permit for the stateless person issued by law-enforcement bodies of the Republic of Uzbekistan.

29. Participation in mitigation of consequences of catastrophic crash on the Chernobyl NPP is confirmed by the reference of the established sample, the defense issued by body for cases, and also the references of the organizations which directed the workers for participation in liquidation.

30. As the documents confirming the marriage relations are shown: the marriage certficate, the statement from record of the act of civil status, the reference of competent authorities (officials) of foreign states.

31. The department of the Pension fund considers question of award of pension in case of the address of person with the corresponding statement.

The statement of person is registered in information system of the Pension fund. The department of the Pension fund to the applicant or the representative of the organization issues the receipt with indication of date of reception of an application, and also the list of the received and missing documents.

32. In case of documents acceptance the department of the Pension fund shall check content and correctness of execution of the submitted documents, compliance of their copies to originals of documents.

At the same time the right of person to pension, availability of required length of service, and also availability of the documents which are the basis for award of pension is considered.

The department of the Pension fund has the right to demand from the organization or person before execution of the accepted documents, and also to check justification of their issue in necessary cases.

33. If in the document on time of the birth month without designation of exact date is specified, the 15th day of the corresponding month is considered birth date.

If in the submitted document only year of birth without designation of month is specified, then to birth date is accepted the first of July of this year.

34. The statement for award of pension with all the submitted documents, and also the decision of department of the Pension fund on award of pension is filed in pension case.

III. Procedure for calculation and confirmation of length of service for purpose of pensions

35. In the length of service granting pension entitlement are set off:

a) any work at which the worker was subject to the national social insurance, irrespective of type of activity, patterns of ownership and managing, on condition of payment:

for the period till January 1, 2019 - insurance premiums in the off-budget Pension fund under the Ministry of Finance of the Republic of Uzbekistan;

for the period after January 1, 2019 - on condition of charge of the income in work payment type.

In case of calculation of length of service in kolkhoz for the period till 1965 in length of service in one calendar year each fulfilled year, irrespective of the number of days of labor participation in this year is accepted.

In case of calculation of length of service in kolkhoz for the period after 1965 if the member of kolkhoz did not execute without valid excuse the established minimum of labor participation in public economy, operating time on the actual duration is considered. If the member of kolkhoz executed the established minimum of labor participation in public economy in year of acceptance (exit) in the list of members of kolkhoz, the years of service of its work are accepted only from acceptance date (before date of exit) in the list of members of kolkhoz.

In the absence of the documents confirming establishment of minimum of labor participation in public economy operating time on the actual duration proceeding from six-day business week is considered.

To the members of the creative unions who are engaged in creative activities, length of service till January 1, 1991 is established by boards of the creative unions, since day of the first publication or public performance (display) of the work of this author, and since January 1, 1991 - only on condition of payment of insurance premiums in the off-budget Pension fund under the Ministry of Finance of the Republic of Uzbekistan.

In length of service months for which are added are accepted (are paid):

for the period till January 1, 2019 - insurance premiums;

for the period after January 1, 2019 - single social payment, regardless of one-time charge (payment) lately, except for members of the Dehkan farms and persons occupied with cultivation of cattle and selling the livestock production products made in personal subsidiary and Dehkan farms, and also occupied with cultivation in personal subsidiary farms of other types of agricultural products (products of crop production, livestock production, fish breeding);

b) military service (including military service in mobilization draft reserve) and stay in guerrilla groups and connections,

service in the state security agencies and in law-enforcement bodies;

c) service in the militarized protection, in bodies of special communication and in mine-rescue parts, irrespective of departmental subordination;

d) individual labor activity or activities for cultivation of cattle and the sales of products of livestock production made in personal subsidiary and Dehkan farms on condition of payment of insurance premiums in the off-budget Pension fund under the Ministry of Finance of the Republic of Uzbekistan;

e) leaving time:

for the disabled person of the I group or for the handicapped child aged up to 16 years;

for aged, reached 80-year age, needing foreign leaving, - in the period of needs aged in foreign leaving.

At the same time time of care of the disabled person of the I group or the handicapped child aged up to 16 years, and also for aged, reached 80-year age, needing foreign leaving, is set off in the length of service necessary for award of pension, only to one of persons performing leaving and living together with person behind whom leaving was performed;

e) resident instruction in the highest educational institutions (including in military educational institutions in which training is equated to military service), postgraduate study (institute of trainees of researchers of job seekers), doctoral studies (institute of the senior scientific employees job seekers) and clinical internship, including abroad;

g) the time spent in child care leaves before achievement of age by it 3 years, but no more than 3 years in total.

Example: If the working woman having 30-year working life from them within 8 years in total was on carer's leaves for three children, then in case of calculation of length of service for award of pension she will set off in total 25 years (30 years - 8 years + 3 years = 25 years);

The stay period in child care leave (including in paid) does not join in the special length of service granting the right to preferential old-age pension;

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