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DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of November 12, 2014 No. 103

About the Concept of the international treaty on cooperation in the field of provision of pensions

Council of the Eurasian economic commission solved:

1. Approve the enclosed Concept of the international treaty on cooperation in the field of provision of pensions.

2. To the Eurasian economic commission and state members of the Customs union and the Common economic space to be guided by the Concept approved by this Decision in case of project development of the international treaty on cooperation in the field of provision of pensions.

3. Boards of the Eurasian economic commission to report on work progress over the draft of the international treaty on cooperation in the field of provision of pensions at meeting of Council of the Eurasian economic commission in the I quarter 2015.

4. This Decision becomes effective after 10 calendar days from the date of its official publication.

Members of council of the Eurasian economic commission:

from the Republic of Belarus

 

S. Rumas

from the Republic of Kazakhstan

B. Sagintayev

from the Russian Federation

I. Shuvalov

Approved by the Decision of Council of the Eurasian economic commission of November 12, 2014 No. 103

The concept of the draft of the international treaty on cooperation in the field of provision of pensions

In the Concept the purposes, tasks, the basic principles, term of preparation and feature of implementation of the International treaty between state members of the Eurasian Economic Union on cooperation in the field of provision of pensions are determined (further - the draft agreement, the Agreement).

Development premises

Need of development of the separate international treaty regulating questions of provision of pensions of workers of state members and family members is provided by part 3 of article 98 of the Agreement on the Eurasian Economic Union of May 29, 2014 (further - the Agreement on EEU). According to Item 5 of article 96 of the Agreement on EEU "the worker of state member" - the person who is the citizen of state member, legally being and legally performing labor activity in the territory of the state of employment which citizen it is not and in which constantly does not live.

Now one of the main directions of development of integration is elimination of barriers on the way of movement of labor power. Absence or insufficient legal uregulirovannost of questions of provision of pensions during the work in other state members of the Union is restraining factor when forming the total market of work with respect thereto the question of provision of pensions of workers in the territory of state members is urgent.

Following the results of meeting of Council of the Eurasian economic commission on March 27, 2014 jointly with the Parties it was entrusted to Commission to determine the main approaches and the principles of social security of workers of state members of the Eurasian Economic Union (further - EEU, the Union), and also to develop the concept of the Agreement in the field of provision of pensions.

Now the main difference consists in different approaches of financing of the pension system and distribution of pension means. In the Republic of Belarus and the Russian Federation insurance premiums are paid by the employer, and the solidary principle of distribution prevails. In the Republic of Kazakhstan pension contributions keep from the income of the worker, and the obligatory funded pension system is effective. Besides, systems of provision of pensions differ structurally: retirement age, sizes and sources of pension assignments and other parameters.

The questions arising with transfer and preserving the pension rights when implementing labor activity and moving citizens of state members of EEU from one country in another are problem.

Purposes and tasks of development

Main objective of project development of the Agreement - providing the equal rights in the field of provision of pensions, protection of the pension rights to the territories of state members of EEU, and also development of cooperation acquired by workers in the field of provision of pensions between state members of the Union.

Project development of the Contract between the states by members of EEU on cooperation in the field of provision of pensions assumes the solution of the following main objectives:

- provision of pensions of citizens of state members shall is performed on the same conditions and in the same order, as citizens of the state of employment, regarding payment insurance (obligatory pension) fees, and also acquisition of rights and preserving the appropriate pension rights;

- accounting by state member of the pension rights acquired by citizens, in the territories of state members of EEU, in case of determination of the right to provision of pensions, purpose of pensions according to provisions of the Agreement and legislation of state member;

- development of cooperation between state members of the Union in the field of provision of pensions, including by exchange of information and documents between authorized bodies of state members of EEU, including exchange in electronic form.

Basic principles

Concerning types of the pensions approved by the Parties within the Agreement, the state member of EEU shall guarantee to citizens of other state members of EEU amount of the rights to provision of pensions equal to the amount of the rights provided to citizens of this state member under similar conditions.

The agreement shall extend to all types of pensions provided in state members of EEU, the right to which depends on the fact of payment insurance (obligatory pension) fees.

The state member of EEU shall guarantee preserving amount of the pension rights of citizens of other state member of EEU acquired in its territory.

The agreement shall not extend to the relations on provision of pensions of the military personnel of armed forces and other military forming, faces of the commanding and ordinary structure of law-enforcement bodies, family members, other persons equated to the specified categories regarding provision of pensions according to the special legislation and also to government employees (in the Russian Federation - the government civil servants).

Validity shall extend to the relations regulated by the legislation of state members of EEU on provision of pensions which changes or supplements the provisions relating to the types of pensions determined in the Agreement regarding expansion of the group of people, and also establishment of new types of provision of pensions (insurance) if state members of EEU do not agree about other.

Subject of legal regulation of the draft agreement

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