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Ministry of Justice

Republic of Tajikistan

 On March 7, 2013 No. 155

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of March 2, 2013 No. 90

About the Procedure for the request for award of pension and maintaining pension documentation

(as amended of the Order of the Government of the Republic of Tajikistan of 05.11.2014 No. 709)

According to article 41 of the Law of the Republic of Tajikistan "About insurance and national pensions" the Government of the Republic of Tajikistan decides:

Approve the Procedure for the request for award of pension and maintaining pension documentation it (is applied).

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Approved by the Order of the Government of the Republic of Tajikistan of March 2, 2013, No. 90

Procedure for the request for award of pension and maintaining pension documentation

1. General provisions

1. This Procedure is developed according to article 41 of the Law of the Republic of Tajikistan "About insurance and national pensions" and determines rules of the request for award of pension and maintaining pension documentation.

2. Action of this Procedure extends to the citizens of the Republic of Tajikistan, foreign citizens and persons without citizenship officially registered in the territory of the Republic of Tajikistan and having the right to award of pension according to the legislation of the Republic of Tajikistan.

2. Procedure for provision of the statement for award of pension

3. The application for award of pension can be submitted to authorized state body on provision of pensions by directly citizen or his authorized representative based on the power of attorney issued according to the procedure, determined by the legislation of the Republic of Tajikistan for the term of no more than twelve months.

4. The petition from the citizen which had right to purpose of insurance pension and is in employment relationships, can be submitted to authorized state body on provision of pensions by the employer.

5. The statement for purpose of insurance pension on age, including on favorable terms, can be submitted to authorized state body on provision of pensions before achievement of retirement age, but not earlier than before month before emergence of the right to its appointment.

6. The statement for award of pension to the condemned person, moves through administration of correctional facility in authorized state body on provision of pensions in the location of this organization.

7. The statement for award of pension to minor or incapacitated person moves his father or mother, or the guardian (custodian) in authorized state body on provision of pensions at the place of residence of the applicant.

If the father and mother of the minor live separately, the application is submitted to authorized state body on provision of pensions at the place of residence of that parent with whom this person lives.

8. In case of finding of minor or incapacitated person on complete state providing in educational or social institution, the application for award of pension is submitted by administration of this organization to authorized state body on provision of pensions in the place of its stay.

9. Day of the request for appointment, recalculation or the translation of pension from one type on another day of acceptance to consideration of the application by authorized state body on provision of pensions is considered.

3. Procedure for submission of the statement for recalculation of pension or the translation from one type of pension on another

10. The statement for recalculation of pension towards increase or the translation of pension from one type on another moves in authorized state body on provision of pensions on which registry the pensioner stays.

11. Recalculation of pension towards reduction, in the established cases, is made without statement of the pensioner. At the same time the authorized state body on provision of pensions shall notify the pensioner on reduction of the size of pension and its reasons.

4. Procedure for acceptance and consideration of the application by authorized state body on provision of pensions

12. Reception of an application in authorized state body on provision of pensions is made by the authorized person.

13. The statement is adopted for consideration if the relevant documents specified in Items 36-46 of this Procedure are attached to it and is registered in the book of registration of statements. The statement for award of pension according to article 41 of the Law of the Republic of Tajikistan "About insurance and national pensions" is considered no more than 30 days in time.

14. The authorized person of authorized state body on provision of pensions after reception of an application and its registration in the book of registration of statements issues to the applicant the official receipt on date of reception of an application.

15. The authorized person shall submit daily at the end of the working day the arrived applications to the head of authorized state body on provision of pensions for acquaintance.

16. The head of authorized state body on provision of pensions, having studied statements, sends them for consideration to the relevant divisions concerning social insurance and to destination pensions.

17. The authorized person of authorized state body on provision of pensions concerning social insurance shall within fifteen days, based on the available data, to determine the size of the conditional pension capital and the means which are saved up on individual accumulation account of the applicant and to transfer data to the authorized person to destination of pensions.

18. The authorized person of authorized state body on provision of pensions shall within ten days based on data on amount of the conditional pension capital and the means which are saved up on individual accumulation account of the applicant to establish the size of its pension, term of its payment and having recorded award of pension, to submit the prepared documents for approval of management of the specified body.

19. Appointment and recalculation of pension affirms respectively the protocol and the order signed by the head of authorized state body on provision of pensions, responsible persons concerning social insurance, purpose of pensions and the authorized persons which prepared the submitted documents.

20. Review of the size and type of pension affirms as all cases creation of the protocol.

21. After award of pension the authorized state body on provision of pensions shall notify officially the applicant or his authorized representative about date of award of pension and its size.

22. In case of the citizen's disagreement with the granted pension he can submit to higher structure of authorized state body on provision of pensions the statement for its review. If the decision made by higher structure does not satisfy the applicant, he can take a legal action.

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