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CODE OF TURKMENISTAN

of October 19, 2012

About social protection of the population

(as amended on 13-03-2021)

Approved by the Law of Turkmenistan of October 19, 2012, No. 340-IV

This Code determines legal, organizational, economic basis of social protection of the population of Turkmenistan, establishes the state guarantees of provision of pensions of citizens on the basis of the national pension insurance, ensuring separate categories of citizens with public welfare payments, and also determines measures of social protection of veterans and persons with disability.

Section I. General provisions

Article 1. Basic concepts

1. For the purposes of of this Code the following basic concepts are used:

1) primary conditional pension capital - the capital of persons insured in system of mandatory pension insurance, estimated for the period their works before introduction conditionally of funded pension system;

2) public welfare payment - part of the state system of social protection of the population in the form of money payments to citizens in case of origin of entitlement to benefit at them;

3) person with disability - person with steady physical, mental, intellectual or touch violations which in case of interaction can interfere it with various barriers with complete and effective participation in life of society on an equal basis with others;

4) pension - part of the state system of social protection of the population in the form of money payment to persons insured in system of the national pension insurance in case of loss occurrence;

5) conditionally funded pension system - the system of the state provision of pensions based on obligatory types of pension insurance and conducting the personified accounting of pension contributions and primary conditional pension capital of insured persons;

6) funded pension system - the system of the state provision of pensions based on voluntary pension insurance and conducting the personified accounting of pension contributions and the pension capital of insured persons;

7) orphan children are children at whom both parents or the single parent died;

8) children without parental support are children without parental support in cases if parents are deprived of the parent rights, are limited in the parent rights, are acknowledged is unknown absent, incapacitated (it is limited by capable), are declared the dead, evade from education of the children or from protection of their rights and legitimate interests, including refuse to take the children from the relevant child care facilities, social bodies or other similar organizations, and also in other cases;

9) persons which are on complete state providing – persons who are constantly living in houses boarding schools for aged and the persons with disability, boarding schools, orphanages and other organizations provided with the state free food, clothes, footwear, written and educational accessories, which are free of charge using medical services.

2. In this Code other concepts are used in the values determined by civil and other legislation of Turkmenistan, and also the relevant articles of this Code.

Article 2. Social protection of the population

Social protection of the population in Turkmenistan represents the state system of material security and social servicing of disabled persons, persons with disability, families with children and other persons performed by means of payments in the form of pensions, public welfare payments and provision of social privileges.

Article 3. State policy in the field of social protection of the population

State policy in the field of social protection of the population is directed on:

1) providing single policy in the field of social protection of the population;

2) realization of the right of citizens to social protection guaranteed by the Constitution of Turkmenistan;

3) enhancement of management of system of social protection of the population and its legal basis;

4) maximum scope of economically active population pension insurance;

5) ensuring financial stability of system of social protection of the population;

6) increase in level of provision of pensions of citizens;

7) ensuring payment of pension contributions during the separate periods for separate categories of citizens due to financing of sources of the Pension fund of Turkmenistan.

Article 4. Legislation of Turkmenistan on social protection of the population

The legislation of Turkmenistan on social protection of the population is based on the Constitution of Turkmenistan and consists of of this Code and other regulatory legal acts of Turkmenistan regulating questions of social protection of the population.

If the international treaty of Turkmenistan establishes other rules than provided by this Code, then rules of the international treaty are applied.

Article 5. Coverage of this Code

1. Action of this Code extends to the relations connected with implementation by citizens of Turkmenistan of the right to provision of pensions and social protection according to the procedure and on the conditions established by this Code.

2. The foreign citizens and persons without citizenship who are constantly living in the territory of Turkmenistan have the right to provision of pensions and social protection on an equal basis with citizens of Turkmenistan according to the procedure and on the conditions established by this Code if other is not provided by the international treaty of Turkmenistan.

Article 6. Basic sizes

For calculation of the minimum sizes of pensions, and also calculations of the sizes of public welfare payments the act of the President of Turkmenistan are established basic sizes.

Article 7. Purpose of pensions, public welfare payments

1. Pensions and public welfare payments are appointed by the relevant local authorities of the Pension fund of Turkmenistan according to this Code, except for personal pension, and also public welfare payment on temporary disability, government maternity pay. The procedure for appointment and recalculation of the sizes of pensions and public welfare payments affirms the Ministry of Labour and Social Protection of the population of Turkmenistan.

2. The personal pension is appointed by the special Commission in case of the President of Turkmenistan.

3. Public welfare payment on temporary disability and government maternity pay are appointed employers in the place of the main work of receivers of the specified public welfare payments according to the procedure and on the conditions provided by this Code.

Article 8. General provisions about pension payment, public welfare payments, one-time monetary rewards and the one-time monetary assistance

1. Pension payment, allowances to pensions, public welfare payments and allowances to them, except for the payments provided by Articles 47, of 82, 83 and 92 of this Code, and also payment of one-time monetary rewards and the one-time monetary assistance are made through banks according to the procedure, established by the Pension fund of Turkmenistan in coordination with the Central bank of Turkmenistan.

2. Pensions, public welfare payments are paid from the date of appointment for current month monthly.

3. Pension, public welfare payment according to the statement of the receiver can be transferred into its account opened in bank. In this case persons receiving pensions or public welfare payments once in six months shall be registered in the relevant local organ of the Pension fund of Turkmenistan.

4. The pension fund of Turkmenistan based on the agreement signed with banks pays banking services for implementation of the pension payments and public welfare payments made at the expense of means of the Pension fund.

5. The services connected with payment of the public welfare payments, one-time monetary rewards and the one-time monetary assistance made by the Pension fund of Turkmenistan at the expense of means of the Government budget of Turkmenistan are performed by banks gratuitously.

6. Pension payment, public welfare payments and one-time monetary rewards is made at the permanent address of citizens or according to their written address can be made in the place of preferential accommodation.

7. Pensions, public welfare payments and one-time monetary rewards are paid personally to the receiver.

8. Pension or public welfare payment is paid to the working receiver of pension or public welfare payment in complete size.

8-1. To the working persons receiving pension or public welfare payment, allowances for the state awards to their pensions or public welfare payments are not charged.

9. Pensions on loss of the supporter of the children who are on complete state providing and children without parental support, are transferred by local authorities of the Pension fund of Turkmenistan into their accounts opened in bank. On money of orphan children and children without parental support, on bank accounts percent in the amount of, determined by the agreement of the contribution (deposit) concluded with bank are charged, but is not lower than the refunding rate established by the Central bank of Turkmenistan.

The pensions of orphan children and children without parental support which are on bank accounts are paid on reaching them age of majority based on their addresses.

Section II. State provision of pensions

Chapter 1. General provisions

Article 9. State provision of pensions

1. The state provision of pensions in Turkmenistan is implemented by means of the national pension insurance.

2. Citizens of Turkmenistan cannot be limited in the right to the state provision of pensions.

Article 10. Pension systems

1. The basis of provision of pensions in Turkmenistan is constituted conditionally by funded pension system and funded pension system.

2. Conditionally the funded pension system is based on the compulsory pension contributions and compulsory professional pension contributions paid by strakhovatelyamiplatelshchik of pension contributions according to the Law of Turkmenistan "About the national pension insurance".

3. The funded pension system is based on the pension contributions paid by citizens according to the agreement of voluntary pension insurance.

Article 11. State guarantees of provision of pensions

1. The state on provision of pensions guarantees:

1) indexation of the sizes of the paid pensions granted on distribution and conditionally accumulative pension to systems;

2) for the purpose of ensuring comparability of the sizes of the pensions granted according to various pension systems since 2014 before complete transition to conditionally funded pension system, annual indexation of the amounts of paid pensions to correction 1,01, coefficient except for the pensions estimated proceeding from basic size;

3) calculation of primary conditional pension capital of citizens for the period of work before introduction is conditional funded pension system, indexation of the conditional pension capital;

4) safety of pension accruals of citizens on funded pension system, appointment and payment of funded pension in accordance with the terms, provided by this Code;

5) non-admission of transfer of pension accruals of citizens to other person, except as specified, stipulated by the legislation Turkmenistan;

6) insurance by obligatory types of the national pension insurance during the separate periods.

2. The indexation provided by Items 1 and 2 of part one of this Article is made at the same time.

3. Provision of pensions of the citizens who arrived to the permanent residence to Turkmenistan and disposed from Turkmenistan is guaranteed in accordance with the terms of the international treaties of Turkmenistan regulating questions of provision of pensions of citizens.

Chapter 2. Management of the pension system of Turkmenistan

Article 12. Management of the pension system of Turkmenistan

Control of the pension system of Turkmenistan is exercised by the Pension fund of Turkmenistan under the Ministry of Labour and Social Protection of the population of Turkmenistan (further - the Pension fund of Turkmenistan) according to the legislation of Turkmenistan and the Provision.

Article 13. Budget of the Pension fund of Turkmenistan

1. The budget of the Pension fund of Turkmenistan affirms as form of the Law of Turkmenistan.

2. The structure, procedure for creation, consideration, approval of the budget of the Pension fund of Turkmenistan and its execution are determined by the legislation of Turkmenistan.

Chapter 3. Pension capital

Article 14. Conditional pension capital

1. The conditional pension capital - the conditional capital of insured persons consisting of the amounts of primary conditional pension capital and pension contributions by obligatory types of the national pension insurance and the added contingent gains from their indexation.

2. The conditional pension capital of insured persons is not the property devolving.

Article 15. Accumulative pension capital

1. The accumulative pension capital - the cumulative amount of voluntary pension contributions of insured persons on funded pension system and the income from their placement.

2. The accumulative pension capital of insured persons is the property devolving.

3. In case of absence of the heir at the died insured person the amount unused pension accruals is transfered by it to account the Pension fund of Turkmenistan according to the procedure, stipulated by the legislation Turkmenistan.

Article 16. Calculation of primary conditional pension capital

1. Primary conditional pension capital is estimated by multiplication of the size of pension estimated for the period works (service) before enforcement conditionally of funded pension system by the expected average life expectancy (in monthly measurement) men and women in total across Turkmenistan (further - remaining life expectancy) after achievement of retirement age.

2. The pension size for the period of work (service) before introduction of conditionally accumulative system is estimated according to the legislation of Turkmenistan on social security existing before introduction of conditionally accumulative system.

3. For calculation of primary conditional pension capital of the military personnel of Armed Forces of Turkmenistan, other troops, military bodies (further - the military personnel), workers of ordinary, sergeant and officer structures of law-enforcement bodies, faces of flight and letnoispytatelny structures, parachutists, operators and stewards of the state and civil aviation of Turkmenistan, and also persons working at works with special (especially harmful and (or) especially heavy) working conditions (further - special working conditions), calculation of pensions by it before introduction conditionally of funded pension system is performed taking into account the actual period of their service (work) in calendar years.

4. The remaining life expectancy is calculated the State committee of Turkmenistan according to the statistics and affirms the act of the President of Turkmenistan.

Article 17. Indexation of the conditional pension capital

1. Primary conditional pension capital of citizens calculated as of January 1, 2013 is indexed on coefficient of increase in the size of paid pensions for this date.

2. Annually, since 2014, the amount of the conditional pension capital of insured persons for the beginning of year is indexed on coefficient of increase in the average salary across Turkmenistan for this year, except for the case specified in part three of this Article.

3. In case of increase in the size of paid pensions on the coefficient exceeding coefficient of wages increase across Turkmenistan, the conditional pension capital of insured persons it is indexed on coefficient of increase in the size of paid pensions.

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