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The document ceased to be valid since January 1, 2020 according to article 40 of the Law of the Republic of Kazakhstan of December 26, 2019 No. 286-VI ZRK

LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 25, 2003 No. 405-II

About compulsory social insurance

(as amended on 25-11-2019)

This Law establishes legal, economic and organizational basis of compulsory social insurance as one of forms of the social protection of citizens performed by the state.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the supporter - person containing the disabled family members consisting in its dependence at the expense of the income;

2) coefficient of number of dependents - coefficient which considers the number of members of the family of the dead (recognized by court it is unknown absent or declared the dead) the supporter, consisting in its dependence;

3) social assignments - the obligatory payments established by this Law paid to the State Social Insurance Fund granting the right to the participant of system of compulsory social insurance for whom social assignments were made, and in case of loss of the supporter to the members of his family consisting in its dependence to receive social payments according to this Law;

3-1) debt on social assignments - the amounts of social assignments estimated and not transferred in time, and also outstanding amounts of penalty fee;

4)  No. 165-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 02.07.2018;

5) No. 408-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 17.11.2015;

6) the payer of social assignments (further - the payer) - the employer, the individual entrepreneur, person who is engaged in private practice, and also the physical person which is the payer of single cumulative payment according to article 774 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code), the performing calculation and payment of social contributions to the State Social Insurance Fund according to the procedure, established by this Law;

7) rate of social assignments - the fixed amount of obligatory payments in the State Social Insurance Fund expressed as a percentage of the size of subject to calculation of social assignments;

8) social risk - approach of the event attracting disability and (or) loss of work, loss of the supporter, and also loss of the income in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children) and child care of age of one year on reaching it as a result of which the participant of system of compulsory social insurance for whom social assignments were made or in case of his death the family members consisting in its dependence acquire the right to social payments according to this Law;

9) social payments - the payments performed by the State Social Insurance Fund for benefit of the receiver of social payment;

10) No. 408-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 17.11.2015;

11) the receiver of social payment (further - the receiver) - the physical person for whom social contributions to the State Social Insurance Fund before case of social risk were made and concerning which the State Social Insurance Fund passes the decision on purpose of social payments and in case of the death of person who is the participant of system of compulsory social insurance for whom social assignments were made - members of the family of the dead (recognized by court is unknown absent or declared the dead) the supporter, consisting in its dependence;

12) disability - loss by the worker of capability to perform work, to render services which extent is expressed as a percentage of the lost working capacity;

13) disability coefficient - coefficient which is determined depending on extent of loss of general working ability of the participant of system of compulsory social insurance for whom social assignments were made;

13-1) coefficient of number of days of disability - coefficient which is determined depending on the number of the days specified in leaf of temporary disability;

13-2) No. 483-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 06.04.2016;

13-3) person who is engaged in private practice - the private notary, the private legal executive, the lawyer, professional mediator;

13-4) investment declaration - the document determining the purposes, strategy, the list of objects for investment within the legislation of the Republic of Kazakhstan, condition and restriction of investing activities on assets of Fund, condition of hedging and asset diversification of Fund;

13-5) investment revenue - the money received (which are subject to obtaining) as a result of investment of assets of Fund;

14) coefficient of general years of service of participation in system of compulsory social insurance;

14-1) division of medico-social examination (further - division of MSE) - the structural division of authorized body on control in the sphere of compulsory social insurance which is carrying out medico-social expertize;

15) the State Social Insurance Fund (further - Fund) - the legal entity making accumulation of social assignments, appointment and implementation of social payments to participants of system of compulsory social insurance for whom social assignments were made and concerning which there came the case of social risk including family members - dependents in case of loss of the supporter;

16)  No. 165-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 02.07.2018;

17) compulsory social insurance - set of the measures organized, controlled and guaranteed by the state for compensation of part of the income in connection with disability and (or) loss of work, and also loss of the supporter, loss of the income in connection with pregnancy and childbirth, adoption (adoption) of newborn child(children) and child care of age of one year on reaching it;

18) system of compulsory social insurance - set of the regulations and rules established and guaranteed by the state, governing the relations between participants of system of compulsory social insurance;

18-1) general years of service of participation in system of compulsory social insurance - total quantity of months for which social assignments arrived;

19) participants of system of compulsory social insurance - the payer; the participant of system of compulsory social insurance for whom social assignments were made; receiver; Government for Citizens State corporation; Fund; Government of the Republic of Kazakhstan; National Bank of the Republic of Kazakhstan; other authorized bodies;

20) the participant of system of compulsory social insurance for whom social assignments were made, - physical person, for whom social assignments are paid and which has the right to social payments in case of approach of the cases of social risk provided by this Law;

20-1) authorized body on control in the sphere of compulsory social insurance - territorial subdivision of the state body enabling the realization of state policy in the sphere of social protection of the population;

21) No. 165-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 02.07.2018;

22) coefficient of replacement of the income - coefficient which determines the relation of social payment to the size of the income taken as basis in case of calculation of social assignments;

23) authorized body - the state body performing regulation, control and supervising functions behind activities of Fund;

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