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Ministry of Justice

Republic of Tajikistan

 On September 4, 2015 No. 663

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of August 29, 2015 No. 551

About Rules of converting (transformation) of the pension rights of insured persons to the conditional pension capital

According to article 58 of the Law of the Republic of Tajikistan "About insurance and national pensions" and articles 42 and 51 of the Law of the Republic of Tajikistan "About regulatory legal acts" the Government of the Republic of Tajikistan decides:

1. Approve Rules of converting (transformation) of the pension rights of insured persons to the conditional pension capital (are applied).

2. Recognize invalid the following orders of the Government of the Republic of Tajikistan:

- of December 29, 2012, No. 772 "About Rules of converting (transformation) of the pension rights of insured persons to the conditional pension capital";

- of August 3, 2013, No. 362 "About modification and amendments in the order of the Government of the Republic of Tajikistan of December 29, 2012, No. 772 "About Rules of converting (transformation) of the pension rights of insured persons to the conditional pension capital".

3. Item 3 of the order of the Government of the Republic of Tajikistan of November 5, 2014, "About modification of some orders of the Government of the Republic of Tajikistan and Council of Ministers of the Republic of Tajikistan" to exclude No. 709 and 4, of 5, of 6, of 7, of 8, of 9, of 10, 11 and 12 respectively to consider Items Items 3, of 4, of 5, of 6, of 7, of 8, of 9, 10 and 11.

4. Enact this resolution since September 1, 2015.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Approved by the Order of the Government of the Republic of Tajikistan of August 29, 2015 No. 551

Rules of converting (transformation) of the pension rights of insured persons to the conditional pension capital

1. General provisions

1. These rules are developed according to part 3 of article 58 of the Law of the Republic of Tajikistan "About insurance and national pensions" and establish evaluation procedure and accounting of the pension rights of insured persons based on the working life acquired till January 1, 1999 and confirmed in the procedure established by the legislation of the Republic of Tajikistan.

2. Converting of the pension rights in the conditional pension capital and its transfer to individual personal account of insured persons is made concerning the citizens performing labor activity till January 1, 1992 in the territory of the former USSR and from January 1, 1992 to January 1, 1999 in the Republic of Tajikistan.

3. Converting of the pension rights of insured persons is made by the relevant division of the state authorized body in the sphere of provision of pensions at the place of residence of insured person in case of purpose of insurance pension based on the documents confirming labor activity till January 1, 1999.

4. In case of need determinations of reliability of the documents on working life provided by insured person, employees of the state authorized body can bring in the sphere of provision of pensions in accordance with the established procedure at the company, organization or the organization which approved correctness of these documents, checks with creation of the counter act.

5. Expenses on carrying out converting of the pension rights in the conditional pension capital are financed by means of the state authorized body in the sphere of provision of pensions.

2. Procedure for calculation of the conditional pension capital when carrying out converting of the pension rights of insured persons

6. Assessment of the pension rights of insured persons and their converting in the conditional pension capital is made based on the number of complete months of length of service.

7. The number of months of the length of service represented for assessment of the pension rights and calculation of the conditional pension capital is determined based on the documents confirming labor activity of insured persons.

8. The pension rights of insured persons confirmed as of January 1, 1999 are estimated on the amount of 120 somoni for each complete month of length of service and in general are added to the conditional pension capital determined as of January 1, 2013.

9. The pension rights of insured persons are converted on the following formula:

Code of Criminal Procedure konvertition = 120*n

Where:

The Code of Criminal Procedure konvertition - the conditional pension capital received as a result of converting of the pension rights of insured person determined till January 1, 1999;

120 - monetary value of the pension rights of insured person acquired till January 1, 1999 in somoni for every month of length of service;

n - the number of months of length of service of insured person till January 1, 1999.

10. The amount received as a result of calculations according to Item 9 of these rules without change is reflected in general part of individual personal account of insured person on condition" for January 1, 2013 and joins in the conditional pension capital of insured person used in case of purpose of insurance part of insurance pension.

3. The length of service which is subject to converting

11. Their labor activity at the companies, organizations, the organizations, kolkhozes, sovkhozes, cooperatives, irrespective of their patterns of ownership, and also works which were performed at individuals enters the length of service of insured persons which is subject to converting.

12. For calculation of length of service actually fulfilled period since the beginning of labor activity till January 1, 1999 counted with the accruing result is considered. In case of calculation of total quantity of length of service month in which more than 15 days are fulfilled is considered as complete month of work, and month in which employment duration makes less than 15 days is not considered.

13. The main document confirming length of service till January 1, 1999 is the service record.

14. Employment records shall be made according to the procedure, provided in regulatory legal act on its maintaining at the companies, organizations and the organizations at the time of filling.

15. In case of discrepancy of employment records or other submitted documents to the procedure established by the existing rules the issue of taking into account of length of service for award of pension to insured person is resolved by judicial authority.

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