ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of February 12, 2013 No. 125

About approval of Rules of accomplishment of guarantees of the state to receivers of retirement benefits on safety of compulsory pension contributions in the single accumulation pension fund in the amount of actually brought compulsory pension contributions taking into account the rate of inflation at the time of acquisition of right by the receiver of the right to retirement benefits

According to article 10 of the Law of the Republic of Kazakhstan of November 23, 2012 "About the republican budget for 2013 - 2015" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of accomplishment of guarantees of the state to receivers of retirement benefits on safety of compulsory pension contributions in the single accumulation pension fund in the amount of actually brought compulsory pension contributions taking into account the rate of inflation at the time of acquisition of right by the receiver of the right to retirement benefits.

2. Recognize invalid:

2) the order of the Government of the Republic of Kazakhstan of October 31, 2012 No. 1383 "About modification and amendments in the order of the Government of the Republic of Kazakhstan of February 4, 2012 No. 204 "About approval of Rules of accomplishment of guarantees of the state to receivers of retirement benefits on safety of compulsory pension contributions in the accumulation pension funds in the amount of actually brought compulsory pension contributions taking into account the rate of inflation at the time of acquisition of right by the receiver of the right to retirement benefits".

3. This resolution becomes effective since January 1, 2013 and is subject to official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of February 12, 2013 No. 125

Rules of accomplishment of guarantees of the state to receivers of retirement benefits on safety of compulsory pension contributions in the single accumulation pension fund in the amount of actually brought compulsory pension contributions taking into account the rate of inflation at the time of acquisition of right by the receiver of the right to retirement benefits

1. General provisions

2. In these rules the following basic concepts are used:

1) payment of difference - the lump sum payment for the account of means of the government budget determined as difference between the amount of actually brought compulsory pension contributions taking into account the rate of inflation and the amount of pension accruals in the single accumulation pension fund at the time of acquisition of right by the receiver of the right to retirement benefits;

2) the receiver of payment of difference - physical person to which at the time of acquisition of right to retirement benefits at the expense of compulsory pension contributions payment of difference is appointed;

3) state body - the territorial authorities of Committee on control and social protection of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan performing purpose of payment of difference within the competence;

5) the single accumulation pension fund (further - fund) - the legal entity performing activities for attraction of pension contributions and retirement benefits;

6) the digital signature (further - the EDS) - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

The moment of acquisition of right to retirement benefits from the single accumulation pension fund at the expense of compulsory pension contributions comes in case of the conditions provided:

2) the subitem 3) of Item 1 of article 31 of the Law - for date of establishment of disability of the first or second group it is termless;

4) the subitem 5) Item 1 of article 31 of the Law - for date of execution of the document confirming intention or the fact of departure on the permanent residence out of limits of the Republic of Kazakhstan.

For establishment of the moment of acquisition of right to retirement benefits at the expense of compulsory pension contributions military personnel, the staff of special state and law enforcement agencies which appoints retirement benefits till January 1, 1998 address to Fund which investors they are, for receipt of information on pension accruals and date of their removal in form according to appendix 1 to these rules.

The moment of acquisition of right to retirement benefits from Fund at the expense of compulsory pension contributions is established for date of the initial request for pension accruals.

In case of withdrawal of pension accruals and then repeated transfer of compulsory pension contributions in Fund the moment of acquisition of right to retirement benefits is established for date of initial withdrawal of pension accruals.

In case of the death of person having the right to payment of difference, the payment amount of difference is performed to the heir according to the procedure, established by the legislation of the Republic of Kazakhstan.

3. Person having the right to retirement benefits at the expense of compulsory pension contributions for receipt of information on the amount of the compulsory pension contributions which are actually brought in Fund taking into account the rate of inflation, addresses to structural division of the Center.

The structural division of the Center for date of acquisition of right by this person of the right to retirement benefits at the expense of compulsory pension contributions within two working days from the date of filing of application creates information on the amounts of the compulsory pension contributions which are actually brought in Fund taking into account the rate of inflation, in form according to appendix 2 to these rules.

2. Procedure for the request for payment of difference

4. For receipt of payment of difference person having the right to retirement benefits at the expense of compulsory pension contributions files in department of the Center for residence petition in form according to appendix 3 to these rules.

5. The following documents of person having the right to payment of difference are enclosed to the application:

1) the copy of the identity document (the identity certificate, the passport of the citizen of the Republic of Kazakhstan, the certificate of the stateless person, the residence permit of the foreign citizen) and the original for reconciliation;

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