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LAW OF THE REPUBLIC OF TAJIKISTAN

of December 26, 2011 No. 790

About compulsory professional pension insurance

(as amended of the Law of the Republic of Tajikistan of 23.12.2021 No. 1841)

This Law is aimed at providing legal, economic and organizational basis of compulsory professional pension insurance of the workers occupied in special working conditions and separate types of professional activity.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- compulsory professional pension insurance - system of the relations established by the state consisting in forming of funds at the expense of the fees for compulsory professional pension insurance paid by employers for the workers occupied in special working conditions and separate types of professional activity (further - special working conditions), and use of these means for pension payment in connection with special working conditions;

- organization of insurance - the authorized state body performing activities for mandatory pension insurance according to the legislation of the Republic of Tajikistan;

- the insurer - the employer from among legal entities (including the legal entities with foreign investments performing activities in the territory of the Republic of Tajikistan), their representations, and branches, individual entrepreneurs, employing in special working conditions according to employment contracts, paying fees on compulsory professional pension insurance;

- insured person - physical person for which fees on compulsory professional pension insurance in connection with employment in special working conditions are paid;

- fees on compulsory professional pension insurance - obligatory payments of the insurer for forming of funds for professional provision of pensions;

- professional years of service - employment duration with special working conditions of insured person during which fees on compulsory professional pension insurance were paid for it;

- special years of service - employment duration with special working conditions, granting the right to work retirement pension for work with special working conditions or work pension for long service according to the legislation of the Republic of Tajikistan;

- the early pension period of insured person - the period since the month following after month of the request of insured person for early professional pension, till month of achievement of the established age by it;

- professional pension accruals - the means created for payment of professional pension to insured person of fees on compulsory professional pension insurance and the income from their investment;

- professional pension - monthly money payment for the account of professional pension accruals in the form of early professional pension or additional professional pension;

- early professional pension - the professional pension paid to insured person during the period before achievement of the established age;

- professional part of the individual account of insured person - the form of special accounting reflecting the amounts of fees on compulsory professional pension insurance, results of investment, payments to insured person, duration of professional years of service and other data necessary for realization of the right to payment from means of the established insurance according to this law.

Article 2. Legislation of the Republic of Tajikistan on compulsory professional pension insurance

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

Article 3. Basic principles of the organization and functioning of compulsory professional pension insurance

Compulsory professional pension insurance will be organized and functions on the principles:

- responsibility of employers for expected decrease in working ability of the worker owing to employment in special working conditions before achievement of the established age;

- provisions of professional pension as compensation of loss of the salary owing to termination of work in special working conditions before achievement of the established age or in the form of additional payment after achievement of the established age;

- the choice by insured person of compensation for work in special working conditions;

- forming of funds for payment of professional pensions by accumulating;

- equivalence of the size of professional pension to amount of pension accruals;

- social partnership when implementing compulsory professional pension insurance;

- state control of implementation of compulsory professional pension insurance.

Chapter 2. Subjects of compulsory professional pension insurance

Article 4. Subjects of compulsory professional pension insurance

Subjects of compulsory professional pension insurance are:

- insurer (employer);

- organization of insurance;

- insured person.

Article 5. The workers who are subject to compulsory professional pension insurance

1. Taking into account the conditions provided by this Law, are subject to compulsory professional pension insurance:

- the workers occupied full time at underground works and at works with especially harmful and especially severe conditions of work;

- the workers occupied full time at works with harmful and severe conditions of work;

- workers, directly busy full time on underground and open mining operations (including staff of mine-rescue parts) on coal production, slate, ore and other minerals, on construction of mines and mines, and also workers of the leading professions at these works: stope miners, drifters, coalminers on jackhammers, operators of mining extraction machines;

- the women working as tractor operators - drivers of agricultural production and other spheres of economy, operators of construction, road and handling machines;

- the women occupied at works of textile production with high intensity and weight;

- the men working as tractor operators - drivers of agricultural production, directly busy in production of agricultural products;

- the women working as milkmaids (operators of machine milking of the mechanized farms);

- workers of locomotive crews and the separate employee categories which are directly performing the organization of transportations and safety of movement on rail transport;

- the truck drivers who are directly working in engineering procedure at mines in mines, cuts and ore pits on removal of coal, slate, ore, breed;

- workers of expeditions, batches, groups, sites and crews, directly busy at field, hydrological, forest management and prospecting works;

- drivers of urban passenger transportation;

- the workers exercising direct control of flights of aircrafts of civil aviation;

- persons working in technical structure at works on direct servicing of aircrafts of civil aviation;

- workers of flight and flight-test structure of civil aviation;

- stewards;

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