ORDER OF THE MINISTER OF HEALTH AND SOCIAL DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 14, 2015 No. 223

About approval of Rules of provision of the state base retirement benefit at the expense of budgetary funds, and also appointment and implementation of retirement benefits on age, the public social benefits on disability, on the occasion of loss of the supporter, the public special welfare payments

According to articles 3 and 6 of the Law of the Republic of Kazakhstan "About the public social benefits on disability and on the occasion of loss of the supporter in the Republic of Kazakhstan", articles 5 and 7 of the Law of the Republic of Kazakhstan "About the public special welfare payment to persons working at underground and open mining operations, at works with especially harmful and especially severe conditions of work or at works with harmful and severe conditions of work", as article 7 of the Law of the Republic of Kazakhstan "About provision of pensions in the Republic of Kazakhstan" PRIKAZYVAYU:

1. Approve the enclosed Rules of provision of the state base retirement benefit at the expense of budgetary funds, and also appointment and implementation of retirement benefits, public basic social benefits on disability, on the occasion of loss of the supporter and on age, the public special welfare payments from authorized organization.

2. To provide to department of social security and social insurance of the Ministry of health and social development of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction on official publication in periodic printing editions and information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of health and social development of the Republic of Kazakhstan;

3. To impose control of execution of this order on the vice-Minister of health and social development of the Republic of Kazakhstan Zhakupova S. K.

4. This order becomes effective from the date of its first official publication, except for parts five of Item 3 of Rules of provision of the state base retirement benefit at the expense of budgetary funds, and also appointment and implementation of retirement benefits, public basic social benefits on disability, on the occasion of loss of the supporter and on age, the public special welfare payments from authorized organization approved by this order which becomes effective since January 1, 2016.

It is approved Minister of investments and development of the Republic of Kazakhstan

A. Isekeshev

 

Approved by the Order of the Minister of health and social development of the Republic of Kazakhstan of April 14, 2015 No. 223

Rules of provision of the state base retirement benefit at the expense of budgetary funds, and also appointment and implementation of retirement benefits on age, the public social benefits on disability, on the occasion of loss of the supporter, the public special welfare payments

Chapter 1. General provisions

1. These rules of provision of the state base retirement benefit at the expense of budgetary funds, and also appointment and implementation of retirement benefits on age, the public social benefits on disability, on the occasion of loss of the supporter, the public special welfare payments (further – Rules) are developed according to articles 3 and 6 of the Law of the Republic of Kazakhstan "About the public social benefits on disability and on the occasion of loss of the supporter in the Republic of Kazakhstan" (further – the Law on the public social benefits), articles 5 and 7 of the Law of the Republic of Kazakhstan "About the public special welfare payment to persons working at underground and open mining operations, at works with especially harmful and especially severe conditions of work or at works with harmful and severe conditions of work", as article 7 of the Law of the Republic of Kazakhstan "About provision of pensions in the Republic of Kazakhstan" (further – the Law), the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" also determine procedure for provision of the state base retirement benefit at the expense of budgetary funds, and also appointment and implementation of retirement benefits by age, the public social benefits on disability, on the occasion of loss of the supporter, the public special welfare payments.

2. The basic concepts used in these rules:

1) The Government for Citizens State corporation (further - the State corporation) - the legal entity created according to the decision of the Government of the Republic of Kazakhstan for rendering the state services, services in issue of specifications on connection to networks of subjects of natural monopolies and services of subjects of the quasi-public sector according to the legislation of the Republic of Kazakhstan, the organization of work on reception of applications on rendering the state services, services in issue of specifications on the connection to networks of subjects of natural monopolies, services of subjects of the quasi-public sector and issue of their results to uslugopoluchatel by the principle of "one window", and also ensuring rendering the state services electronically performing state registration of the rights to real estate in the place of its stay;

2) the principle of "one statement" - the form of rendering the state service providing set of several state services rendered based on one statement.

3) retirement benefits from the single accumulation pension fund - payments of pension accruals to receivers of retirement benefits;

4) retirement benefits on age - payment to the physical persons having working life at least six months as of January 1, 1998 performed in proportion to working life;

5) authorized organization for issue of pensions and benefits - the banks of the second level, the organizations having licenses of authorized body on regulation and supervision of the financial market and the financial organizations on the corresponding types of banking activities, territorial subdivisions of Kazpochta joint-stock company;

6) authorized state body to destination pensions and benefits (further - authorized body) - territorial authorities of Committee of work, social protection and migration of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan;

7) the receiver of pensions and benefits (further - the receiver) - physical person to which the state base retirement benefit and (or) retirement benefits on age, and (or) retirement benefits from the single accumulation pension fund, and (or) the public social benefit and (or) the public special welfare payment are appointed;

8) the public special welfare payments - money payment to persons which had as of January 1, 1998 the length of service established by the legislation of the Republic of Kazakhstan on underground and open mining operations, at works with especially harmful and especially severe conditions of work or at works with harmful and severe conditions of work;

9) the public social benefits - the monthly money payments performed at the expense of budgetary funds, provided to citizens in case of disability approach, loss of the supporter;

10) the state base retirement benefit (further - basic pension) - the monthly money payment provided on reaching the retirement age established by the Law;

11) departments of the State corporation - city, district departments of the State corporation;

12) branches of the State corporation - regional, Nour-Sultan's cities, Almaty and Shymkent branches of the State corporation;

13) the centralized database (further - TsBD) - the centralized database of the central executive body for implementation of payment types on the conditions established in the field of the pension legislation of the Republic of Kazakhstan;

14) the applicant - the physical person addressing for purpose of basic pension and (or) retirement benefits on age and (or) retirement benefits from the single accumulation pension fund and (or) the public social benefit and (or) the public special welfare payment;

15) pro-active service - the state service rendered electronically, provided at the initiative of the subject of rendering services which rendering requires the obligatory consent of the subject of receipt of service provided by means of the subscriber structure of cellular communication;

16) electronic prototype of case (further - EMD) - the electronic prototype of case of the receiver of retirement benefits on age, basic pension, the public social benefit, the public special welfare payment created by the State corporation in the automated information system E-prototype;

17) division of medico-social examination (further - division of MSE) - the structural division of authorized body which is carrying out medico-social expertize;

18) service of digital documents is the object of information and communication infrastructure of "the electronic government" assigned to the operator and intended for creation, storage and use of electronic documents for the purpose of realization of the state functions and the state services following from them and also in case of interaction with physical persons and legal entities, obtaining and rendering services electronically;

19) 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;

20) the central executive body - the state body performing management and also in limits, stipulated by the legislation the Republic of Kazakhstan, cross-industry coordination in the sphere of social protection of the population;

21) the web portal of "the electronic government" - the information system representing single window of access to all consolidated government information including the regulatory legal base, and to the state services, services in issue of specifications on connection to the networks of subjects of natural monopolies and services of subjects of the quasi-public sector rendered electronically.

Chapter 2. Procedure for the request for purpose of pensions and benefits through the State corporation, division of MSE

3. Persons having the right to basic pension and retirement benefits on age (further – pensions), the public social benefits and the public special welfare payment (further – benefits) submit the application in form according to appendix 1 to these rules and for identification – the identity document through:

1) the State corporation – for purpose of pensions and benefits.

At the same time, at the choice of the applicant by the principle "one applications" the statement can be submitted on rendering the state services:

persons, on reaching retirement age according to Item 1 of article 11 of the Law, behind purpose of retirement benefits from the single accumulation pension fund, basic pension and retirement benefits on age, in form according to appendix 2 to these rules;

persons in accordance with the established procedure recognized as persons with disability, behind purpose of the public social benefit on disability, special public welfare payment on disability, benefits bringing up the child with disability, attendance allowances behind person with disability of the first group on form according to appendix 3 to these rules;

2) division of medico-social examination – in case of primary establishment of disability at the choice of uslugopoluchatel the application by the principle of "one statement" behind purpose of the public social benefit on disability, special public welfare payment on disability, benefits bringing up the child with disability, attendance allowances behind person with disability of the first group, social payment on disability case in form according to appendix 3 to these rules is submitted;

3) through the portal – for purpose of basic pension, the public social benefits on disability and on the occasion of loss of the supporter;

4) through pro-active service – provision of the statement in case of purpose of the public social benefits on disability and on the occasion of loss of the supporter through pro-active service is not required. The procedure for rendering pro-active services to destination of the public social benefits on disability and on the occasion of loss of the supporter is provided by Chapter 4 of these rules.

In case of the request for purpose of pensions and the public social benefits of persons having the status of kandas for identification the certificate of kandas is submitted.

For purpose of pensions and benefits to incapacitated, the statement and necessary documents is limited to the capable or needing guardianship or custody persons, move their legal representatives.

The statement for purpose of pensions and benefits the third parties moves by proxy, the Republic of Kazakhstan issued according to Article 167 of the Civil code.

In case of submission of the documents constituted in foreign language, the notary witnesses fidelity of the translation of the document on Kazakh or Russian according to the subitem 9) of Item 1 of Article 34, article 80 of the Law of the Republic of Kazakhstan "About notariate".

4. The specialist accepting documents creates requests in the corresponding information systems (further – IS) through lock of "the electronic government":

in IS the State database "Physical persons" – according to documents, proving the identity of the applicant and confirming registration on the permanent residence;

in IS OPV – for establishment of the most profitable size of the average monthly income from which compulsory pension contributions in the accumulation pension funds or the single accumulation pension fund, and on compliance of the amounts of compulsory pension contributions, social contributions to the state Social Insurance Fund, contributions and/or fees to fund of compulsory medical insurance for the rates established by the Laws of the Republic of Kazakhstan "About provision of pensions in the Republic of Kazakhstan", "About compulsory social insurance" and "About compulsory social medical insurance were performed";";

in IS "ZAGS" (civil registration) – according to the certificate of birth of child(children) or the statement from the birth record (on the registration made in the territory of the Republic of Kazakhstan after August 13, 2007), under the certificate on marriage (on the registration made in the territory of the Republic of Kazakhstan after June 1, 2008), under the certificate or the notification on the death of children (on the registration made in the territory of the Republic of Kazakhstan after May 1, 2008);

in IS "E Guardianship" – according to documents on establishment of guardianship (guardianship);

in IS "Supreme Court" - by a court decision about adoption (adoption) of child(children);

in IS "The Integrated Taxation Information System" – according to the certificate of body of state revenues that person is not registered as the individual entrepreneur, and also by data about the income of the individual entrepreneur, person who is engaged in private practice and also the physical persons gaining income under agreements of civil nature which subject is performance of works (rendering services) except for of the case provided by the subitem 5) of Item 2 of article 24 of the Law;

in IS "Centralized Databank of Persons Having Disability" on availability of data on disability establishment;

in IS "ZAGS" (civil registration) – under the certificate or the notification on death (on the registration made in the territory of the Republic of Kazakhstan after May 1, 2008).

The application is submitted in electronic or paper form, the EDS of the applicant is signed or certified.

In case of discrepancy (absence) of data in IS the relevant documents are enclosed to the application.

Electronic documents are created, checked and used by means of service of digital documents.

5. For purpose of retirement benefits on age to the documents listed in Item 3 of these rules, the applicant represents:

1) the certificate of the employer of the income paid in currency of the Russian Federation to persons working in the Russian organizations of the Baikonur complex (in the presence);

Data on the official rate of national currency of the Republic of Kazakhstan to foreign currencies established by National Bank of the Republic of Kazakhstan on the date of the request for purpose of retirement benefits on age, the department of the State corporation receives from official Internet resource of National Bank of the Republic of Kazakhstan;

1-1) certificates of the employer of the income for the period labor, business activity, occupation private practice on types of activity to which according to the decision of the Government of the Republic of Kazakhstan the correction coefficient 0 was applied to rates of compulsory pension contributions, compulsory professional pension contributions, and also for the activities periods, the income from which is excluded from the income of physical person, taxable, according to Item 3 of article 15 of the Law of the Republic of Kazakhstan "About provision of pensions in the Republic of Kazakhstan" according to appendix 5-1 to these rules;

2) the documents confirming working life of the applicant:

service record;

the references of archival organizations, electronic copies of archive documents certified by the digital signature of the authorized employee of the Public Records Office or departmental archive or from place of employment in case of absence or worthlessness of the service record, lack of the corresponding employment records, availability of corrections, inaccuracies, discrepancies.

In the presence are also represented:

education document;

the military ID or the reference of management (department) for defense;

certificates of birth of children (the statement from the birth record, or the certificate of registration of the act of civil status, issued by bodies of civil registration);

the certificate of rehabilitation issued by bodies of prosecutor's office according to article 10 of the Law of the Republic of Kazakhstan "About recovery of victims of mass political repressions";

certificate of military commissariat of participation in fighting;

the judgment confirming the fact of implementation and the period of face care with disability of the first group, lonely person with disability of the second group and the retirement pensioner, needing assistance, aged, reached eighty-year age, the child with disability aged up to eighteen years;

the document confirming accommodation abroad of the spouse (spouse) employee of the organizations which were in the territory of the Soviet Union, organizations of the Republic of Kazakhstan, the international organization;

the document confirming accommodation of the spouse (spouse) of the serviceman, employee of special state body in areas where there was no employment opportunity in the specialty;

the document confirming labor activity in the country of disposal of the ethnic Kazakhs who arrived to the Republic of Kazakhstan for the purpose of permanent residence on the historical homeland.

For confirmation of care of unemployed mother of juvenile children one of the following documents is submitted (depending on their availability):

identity document of children;

the marriage certficate (the certificate of civil registration) either the certificate on annulment of marriage or the statement from assembly record about marriage (in case of change of surname) children;

the certificate about the termination of average educational institution of children;

the diploma about the termination of specialized secondary or higher educational institution or the reference of educational institution confirming training of children;

to the certificate or the notification on the death of children (or assembly record about death or the certificate of registration of the act of civil status issued by bodies of civil registration);

the document confirming passing of military service on children;

3) the marriage certficate (the certificate of civil registration) either the certificate on annulment of marriage or the statement from assembly record about marriage (in case of change of surname).

6. In case of purpose of retirement benefits on age to the women who gave rise (adopted, adopted) 5 and more children and brought up them to eight-year age, are in addition represented: certificates of birth of children (either the birth record, or the certificate of registration of the act of civil status issued by bodies of civil registration) and the documents confirming the fact of education of children up to eight years.

To the documents confirming the fact of education of children up to eight years (depending on their availability), belong:

1) identity documents of children;

2) the marriage certficate (the certificate of civil registration) either the certificate on annulment of marriage or the statement from assembly record about marriage (in case of change of surname) children;

3) the document on training in educational institution of children;

4) the certificate or the notification on the death of children (the statement from assembly record about death, or the certificate of registration of the act of civil status issued by body of civil registration);

5) military ID;

6) the judgment about factual determination of education, adoption (adoption) of child(children).

7. In case of purpose of retirement benefits on age to person living in zones of extreme and maximum radiation risk the document confirming the accommodation fact in zones of extreme and maximum radiation risk from August 29, 1949 to July 5, 1963 within 5 years is in addition submitted.

8. For purpose of basic pension in addition to the documents listed in Item 3 of these rules, the applicant represents:

1) the documents confirming years of service of participation of the applicant in the pension system;

2) the marriage certficate (the certificate of civil registration) either the certificate on annulment of marriage or the statement from assembly record about marriage (in the presence).

To the documents confirming years of service of participation in the pension system (depending on their availability), belong:

1) the documents provided by the subitem 2) of Item 5 of these rules, confirming the working life of the applicant developed till January 1, 1998;

2) the documents confirming time of care of unemployed mother of juvenile children:

certificates of birth of children (the statement from the birth record, or the certificate of registration of the act of civil status, issued by bodies of civil registration);

one of the following documents (depending on their availability):

identity document of children;

the marriage certficate (the certificate of civil registration) either the certificate on annulment of marriage or the statement from assembly record about marriage (in the presence) children;

the certificate about the termination of average educational institution of children;

the diploma about the termination of specialized secondary or higher educational institution or the reference of educational institution confirming training of children;

the certificate or the notification on the death of children (or assembly record about death, or the certificate of registration of the act of civil status issued by bodies of civil registration);

the document confirming passing of military service on children;

3) the judgment confirming the fact of implementation and the period of the actual care of the unemployed father of juvenile children;

At the same time, the specified period is not set off in years of service of participation in the pension system of mother of the child;

4) the judgment confirming the fact of implementation and time of face care with disability of the first group, lonely person with disability of the second group and the retirement pensioner needing assistance, and also aged, who reached eighty-year age, the child with disability aged up to eighteen years.

Representation of the judgment is not required in case of confirmation of data on receipt of the monthly public welfare payment granted and paid to mother or the father, the adoptive father (adopter), the guardian (custodian) who is bringing up the child with disability, to person performing face care with disability of the first group by the state IS;

5) the documents confirming the periods of military service, service in special state and law enforcement agencies, the public courier service (depending on their availability):

service record;

military ID;

certificate of archival organization of the period of service;

the reference of management (department) for defense or from the duty station;

statements from the orders confirming origin and the termination of the office relations on the basis of the conclusion and the termination of the contract on service;

6) the document confirming the fact and the period of accommodation abroad of the spouse (spouse) of staff of diplomatic services of the Republic of Kazakhstan and the international organizations, spouses of the military personnel (except the military personnel of conscription service), the staff of special state bodies with spouses in areas where there was no possibility of their employment in the specialty;

7) the documents confirming working life after January 1, 1998 in the Russian organizations of the Baikonur complex;

8) the documents confirming the periods of labor activity till December 31, 2004 the physical persons having disability of the first and second groups if disability is established it is termless (depending on their availability):

service record;

the reference in case of absence or worthlessness of the service record, lack of the corresponding employment records, availability of corrections, inaccuracies, discrepancies;

judgment.

Since January 1, 2005 in years of service of participation in the pension system of the physical persons having disability of the first and second groups if disability is established it is termless, the periods of implementation of social contributions to the State Social Insurance Fund based on data of the centralized database on transfer of social assignments are set off.

9. The period of implementation of compulsory contributions is confirmed by data of the centralized database on transfer of compulsory pension contributions.

In case of incomplete or untimely transfer of compulsory pension contributions the period of implementation of compulsory pension contributions is confirmed (depending on their availability) by the following documents:

the certificate of the employer (legal successor) of transfer of compulsory pension contributions in form according to appendix 5 to these rules or archival organization about transfer of compulsory pension contributions (on condition of compliance of the periods of transfer of compulsory pension contributions to the periods of labor activity specified in the documents confirming working life of the applicant);

the judgment confirming the period of transfer of compulsory pension contributions.

The period for which compulsory pension contributions of persons who were engaged in private practice, the physical persons gaining income under agreements of civil nature which subject is performance of works (rendering services) except for of the case provided by the subitem 5) of Item 2 of article 24 of the Law and also the individual entrepreneurs performing compulsory pension contributions in own favor of members (participants) and Chapters country or farms were listed is equal to one year on condition of transfer in the single accumulation pension fund at least annual amount of compulsory pension contributions, the subject payment for the corresponding tax period.

If the sum of compulsory pension contributions granted by specified persons is less than annual amount of compulsory pension contributions which is subject to payment for the corresponding tax period, then the period for which compulsory pension contributions were listed is determined in proportion to deposited amount of compulsory pension contributions.

On condition of transfer of compulsory pension contributions till July 1, 2006 during participation in funded pension system the month preceding month in which transfer of compulsory pension contributions is performed is considered.

If in one month in the accumulation pension funds and (or) the single accumulation pension fund transfer of compulsory pension contributions several times is performed, the period of participation in accumulative system constitutes one month.

The periods of labor, business activity, occupation private practice on types of activity to which according to the decision of the Government of the Republic of Kazakhstan the correction coefficient "0" was applied to rates of compulsory pension contributions of compulsory professional pension contributions are confirmed by the reference of the employer according to appendix 5-1 to these rules.

The period of receipt of social payment on case of loss of the income in connection with restrictions of activities for action of emergency state, restrictive actions are confirmed by data from the centralized database.

The amounts of excessively (mistakenly) paid compulsory pension contributions considered for purpose of retirement benefits on age are not subject to return.

10. For purpose of the public social benefit on disability, in addition to the documents listed in Item 3 of these rules from the centralized database of persons with disability data on disability establishment to the applicant are requested.

In the absence of data from the centralized database of persons with disability the copy of the certificate of disability is enclosed to the application.

Depending on availability one of the following documents is submitted:

1) the decision of Interdepartmental advisory council on establishment of causal relationship of diseases, disability of persons which underwent to radiative effects;

2) decision of the Central military-medical commission;

3) the certificate on disease granted by hospital or the conclusion of the military-medical commission;

4) the certificate of birth of the child with disability up to eighteen years (the statement from the birth record or the certificate of registration of the act of civil status, issued by bodies of civil registration);

5) the marriage certficate (the certificate of civil registration) either the certificate on annulment of marriage or the statement from assembly record about conclusion/annulment of marriage (in case of change of surname of the parent/guardian).

11. For purpose of the public social benefit on the occasion of loss of the supporter, in addition to the documents listed in Item 3 of these rules, the applicant is represented:

1) the certificate or the notification on the death of the supporter or the judgment on recognition of person is unknown absent (dead);

2) the document confirming the related relations of the dependent with the dead (the certificate of birth, about scrap, about annulment of marriage, about paternity proof (motherhood) and others).

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