ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of September 6, 2016 No. 884

About approval of the Regulations on the commission on realization of the pension rights of citizens and Rules of the appeal to the commission on realization of the pension rights of citizens

According to part 6 of article 5.1 of the Federal law "About Features of Provision of Pensions of the Citizens of the Russian Federation Living in the Territories of the Republic of Crimea and the Federal City of Sevastopol" Government of the Russian Federation decides:

Approve enclosed:

Regulations on the commission on realization of the pension rights of citizens;

Rules of the appeal to the commission on realization of the pension rights of citizens.

Approved by the Order of the Government of the Russian Federation of September 6, 2016 No. 884

Regulations on the commission on realization of the pension rights of citizens

1. The commission on realization of the pension rights of citizens (further - the commission) is created respectively by Council of Ministers of the Republic of Crimea and the Government of Sevastopol (further - authorized bodies) for the purpose of the confirmation of the periods of work and (or) other activities included in insurance (labor) years of service and the earnings size for the work periods which took place in the territory of the Republic of Crimea and (or) the territories of Sevastopol, the citizens of the Russian Federation who were constantly living in the territory of the Republic of Crimea or the territory of Sevastopol as of March 18, 2014 (further - citizens) if they have no opportunity to confirm the specified periods and the size of earnings according to the procedure, established by the legislation of the Russian Federation.

3. The main objectives of the commission are:

a) establishment of the periods of work and (or) other activities taking place in the territory of the Republic of Crimea and (or) the territories of Sevastopol till January 1, 2015 included in insurance (labor) years of service;

b) establishment of the size of earnings for the work periods taking place in the territory of the Republic of Crimea and (or) the territories of Sevastopol till January 1, 2002.

4. The commission for the purpose of realization of the tasks assigned to it performs the following functions:

a) considers applications for establishment of the periods of work and (or) other activities included in insurance (labor) years of service, and statements for establishment of the size of earnings of the citizen (further - the statement) and the submitted documents;

b) gives assessment of the submitted documents on compliance to provisions of parts 2 and 4 of article 5.1 of the Federal Law;

c) conducts interrogation of witnesses according to part 3 of article 5.1 of the Federal Law;

d) takes out by results of consideration of the application, testimonies of witnesses and assessment of the submitted documents the decision on establishment (refusal in establishment) the periods of work and (or) other activities included in insurance (labor) years of service and also the size of earnings of the citizen;

e) brings the specified decision to the citizen and territorial authority of Fund of pension and social insurance of the Russian Federation at the place of residence (stay, the actual accommodation) the citizen, and concerning the citizen who is the pensioner - to territorial authority of Fund of the pension and social insurance of the Russian Federation performing its provision of pensions;

e) performs accounting and document storage, created in work progress of the commission, according to the procedure, stipulated by the legislation the Russian Federation for document storage on staff.

5. The commission has the right:

a) request and receive in accordance with the established procedure from state bodies, local government bodies and the organizations the materials and data necessary for the solution of the questions entering its competence;

b) involve representatives of the organizations which are not part of the commission whose participation is required for decision making on cases in point;

c) make offers on material logistics of work of the commission in the relevant authorized body.

6. The commission is formed as a part of the chairman, the vice-chairman, members of the commission and the responsible secretary of the commission.

The commissions are included representatives according to the Ministry of Labour and Social Protection of the Republic of Crimea and Department of work and social protection of the population of the city of Sevastopol, territorial authority of Fund of pension and social insurance of the Russian Federation, territorial authority of the Federal Tax Service, labor unions, employers, and also archival organizations.

The structure of the commission affirms the relevant authorized body.

7. Commission chairman is the deputy manager of the relevant authorized body who bears responsibility for accomplishment of the powers assigned to the commission.

8. The quantitative structure of the commission cannot be less than 7 people.

9. The commission gathers as required, but at least once a month.

Commission sessions are held by the commission chairman or on specifying of the commission chairman by his deputy.

10. Commission session is considered competent if at it there are at least two thirds of total number of members of the commission, and at consideration at commission session of the documents specified in Item 8 of part 2 and Item 5 of part 4 of article 5.1 of the Federal Law - if there are all members of the commission.

In case of impossibility of presence of the member of the commission on commission session he shall inform on it the commission chairman and provide the opinion on cases in point in writing.

11. Members of the commission have no right to disclose the data which became to them known in work progress of the commission.

12. Decisions of the commission are made by a majority vote the members of the commission who are present at meeting taking into account the provided written opinion of the absent members of the commission. In case of equality of votes the chairman's voice on commission session is decisive.

The decision of the commission on establishment of the periods of work and (or) other activities and the size of earnings of the citizen by results of consideration of the documents specified in Item 8 of part 2 and Item 5 of part 4 of article 5.1 of the Federal Law is accepted unanimously.

13. By results of commission session within 5 working days the minutes of the commission which are signed by all members of the commission participating in meeting and are certified by seal of the relevant authorized body are drawn up.

14. In the minutes of the commission are specified:

a) the questions considered on commission session;

b) the documents submitted for review on commission session and their details;

c) the established periods of work and (or) other activities of the citizen;

d) the established size of earnings of the citizen;

e) the established periods of work of the citizen based on testimonies of witnesses;

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