Source: Соц. кодекс638 min read

Social Code of the RK (basis of the pension annuity)

LegislationPensionsRelated regulation

Unofficial English summary prepared for informational purposes. Official source: Әділет / adilet.zan.kz. Version checked: 2026-06-20. This is a reference card; in case of discrepancies, the official Kazakh and Russian texts prevail.

Metadata


Act number	№ 224-VII
Act type	Code of the RK
Authority	Parliament of the RK
Adoption date	20.04.2023
Last amended	—
Status	In force
Әділет identifier	K2300000224

Scope and relevance

The Social Code codifies the system of social and pension provision and classifies as pension the payments made by an insurance organisation under a pension annuity contract. The legislative basis of the pension annuity as a life-insurance product.

Official source

Official source: Adilet / https://adilet.zan.kz/rus/docs/K2300000224 The relevance of the editorial office has been verified: 2026-06-20.

Footnote: Note FROM! For the procedure for enacting this Code, see Art. 263Attention users! For the convenience of using the IZPI, CONTENTS was created by the Regulatory Resolution of the Constitutional Court of the Republic of Kazakhstan dated 04/08/2023 No. 8-NP, this Code was recognized as consistent with the Constitution of the Republic of Kazakhstan. Footnote. Throughout the text, the words “On public services” are replaced by the words “On public and socially responsible services” in accordance with the Law of the Republic of Kazakhstan dated 01/09/2026 No. 254-VIII (shall be enforced sixty calendar days after the day of its first official publication). Note FROM! throughout the text, the words “sphere of informatization”, “object of informatization”, “objects of informatization”, “objects of informatization”, “electronic government”, “information system”, “information system”, “information systems”, “information systems”, “information systems”, “information technologies”, “information security” are intended to be replaced accordingly with the words “sphere of digitalization”, “digital object”, “digital objects”, “digital objects”, “digital government”, “digital system”, “digital system”, “digital systems”, “digital systems”, “digital systems”, “digital technologies”, “cybersecurity” in accordance with the Law of the Republic of Kazakhstan dated 01/09/2026 No. 256-VIII (shall be enforced six months after the day of its first official publication).

GENERAL PART

SECTION 1. GENERAL PROVISIONS

Chapter 1. BASIC PROVISIONS

Article 1. Basic concepts used in this Code

This Code uses the following basic concepts:

habilitation – a set of measures aimed at the formation and development of abilities for everyday, social and professional activities in persons with disabilities;

2) an individual plan for assistance to a person (family) (hereinafter referred to as the individual plan) - a plan of measures to promote employment and (or) social adaptation, drawn up by the career center together with the person who applied for targeted social assistance and (or) members of his family;

3) State Corporation "Government for Citizens" (hereinafter referred to as the State Corporation) - a legal entity created by a decision of the Government of the Republic of Kazakhstan to provide public services in accordance with the legislation of the Republic of Kazakhstan, organize work on accepting applications for the provision of public services and issuing their results to the service recipient according to the "one window" principle, ensuring the provision of public services in electronic form;

4) special social services - a set of services that provide a person (family) with conditions for overcoming the grounds that objectively disrupt a person’s life and are aimed at creating equal opportunities for participation in the life of society with other citizens;

5) price limits for special social services - maximum and minimum levels of tariffs to ensure the guaranteed state cost of special social services;

6) a person (family) in need of special social services - a person (family) recognized as such on the grounds provided for in Article 133 of this Code that objectively violates a person’s life activity, which he cannot overcome on his own;

7) recipient of special social services - a person (family) recognized as needing special social services;

8) entities providing special social services - individuals and (or) legal entities employed in the state and non-state sectors in the provision of special social services on the basis of a license to provide special social services;

9) centers for the provision of special social services - organizations created by decision of local executive bodies and providing special social services to individuals (families) in need of special social services in inpatient, semi-inpatient, temporary stay and at home conditions;

10) standards for the provision of special social services - regulatory legal acts that establish minimum requirements for the quality, volume and conditions for the provision of special social services;

10-1) special social payment - cash payments made to persons employed in work with hazardous working conditions;

11) special means of transportation - a type of technical assistance that ensures the movement of a person with a disability;

12) assistant - an employee of a career center who performs the functions of assisting a social work consultant and the akim of a village, village, rural district in conducting consultations, interviews, and monitoring the fulfillment of obligations under the social contract;

13) breadwinner - a person who supports disabled family members who are dependent on him at the expense of his income;

14) the authorized body for the appointment of targeted social assistance - the local executive body of a city of republican significance, the capital, district, city of regional significance, district in the city, which assigns state targeted social assistance;

15) social contributions - money paid by payers of social contributions to the State Social Insurance Fund in the manner established by the legislation of the Republic of Kazakhstan;

16) debt on social contributions - amounts of social contributions calculated and not paid within the time limits established by this Code, as well as unpaid amounts of penalties;

17) rate of social contributions - a fixed amount of mandatory payments to the State Social Insurance Fund, expressed as a percentage of the value of the object for calculating social contributions;

18) payer of social contributions (hereinafter referred to as the payer) - an employer, an individual entrepreneur, including a peasant or farm enterprise, an individual applying a special tax regime for the self-employed, provided for by the Tax Code of the Republic of Kazakhstan, a person engaged in private practice, calculating and paying social contributions to the State Social Insurance Fund in the manner established by the legislation of the Republic of Kazakhstan, including tax agents determined by the tax legislation of the Republic of Kazakhstan, carrying out payment of social contributions to the State Social Insurance Fund for individuals receiving income under civil contracts, the subject of which is the performance of work (provision of services).

Local executive bodies or other legal entities are recognized as payers of social contributions when paying material benefits to individual assistants, as well as the operator of the Internet platform, defined in subparagraph 1) of paragraph 2 of Article 102 of this Code, who pays social contributions for the persons specified in subparagraph 8) of part one of Article 243 of this Code.

19) social maladjustment – disruption of the interaction of the individual with the social environment;

20) social deprivation - restriction and (or) deprivation of the opportunity for a person (family) to independently satisfy basic life needs;

21) unified information system of the social and labor sphere - an informatization object designed to automate the activities of the authorized state body, local executive bodies on social protection and employment, labor mobility centers, career centers, the Center for the Development of Labor Resources and interdepartmental interaction in order to provide public services to the population in the social and labor sphere;

22) social work consultant - an employee of a career center who assists in the appointment of state targeted social assistance and the exit of a low-income person (family) from a situation caused by his (her) being below the poverty line;

23) social worker - an employee who provides special social services and (or) assesses and determines the need for special social services, who has the necessary qualifications that meet the established requirements;

24) social vocational guidance - a set of interrelated activities aimed at providing practical assistance in choosing professions, changing occupations and advanced training, taking into account professional knowledge, skills, personal interests and the needs of the labor market;

25) social contract - an agreement defining the rights and obligations of the parties between a participant in active measures to promote employment and a labor mobility center (career center), and in cases provided for by this Code, with individuals or legal entities involved in organizing active measures to promote employment, as well as on the provision of state targeted social assistance;

26) social risk - the occurrence of an event entailing loss of ability to work and (or) loss of work, loss of a breadwinner, loss of income in connection with pregnancy and childbirth, adoption of a newborn child (children) and caring for a child upon reaching the age of one and a half years, as a result of which a participant in the compulsory social insurance system or in the event of his death, dependent family members acquire the right to receive social benefits in accordance with this Code;

27) social payments - payments made by the State Social Insurance Fund in favor of the recipient of the social payment;

28) recipient of social payment - an individual for whom social contributions were made to the State Social Insurance Fund before the occurrence of a social risk event and in respect of whom the State Social Insurance Fund made a decision on the assignment of social payments, and in the event of the death of a person who is a participant in the compulsory social insurance system - family members of the deceased (recognized by the court as missing or declared dead) breadwinner, who were his dependents;

29) diversification - placement of pension assets in various financial instruments in order to reduce the risk of their losses in accordance with the requirements established by the National Bank of the Republic of Kazakhstan;

30) printed publication – periodical printed publications, the list of which is determined by the authorized body for regulation, control and supervision of the financial market and financial organizations;

31) biometric identification – a procedure for establishing the identity of an individual based on his physiological and biological unchangeable characteristics;

32) vacancy – a free workplace (position) with an employer;

33) one-time pension payment - the amount of pension savings formed from mandatory pension contributions, withdrawn by the contributor of mandatory pension contributions (recipient of pension payments) from the unified pension savings fund in order to improve living conditions and (or) pay for treatment in the manner established by this Code;

34) unified pension savings fund - a legal entity carrying out activities to attract pension contributions and pension payments, as well as other functions determined by this Code;

35) investment declaration of the unified accumulative pension fund - a document defining the list of investment objects, goals, strategies, conditions and restrictions of investment activities in relation to pension assets, conditions for hedging and diversification of pension assets;

single payment payer – tax agent defined in Article 820 of the Tax Code of the Republic of Kazakhstan;

37) an organization providing mandatory guarantee of deposits - a non-profit organization created in the organizational and legal form of a joint stock company and carrying out mandatory guarantee of deposits on the basis of the Law of the Republic of Kazakhstan “On mandatory guarantee of deposits placed in second-tier banks of the Republic of Kazakhstan”, other regulatory legal acts of the Republic of Kazakhstan and the charter;

38) subsistence level – the minimum cash income per person, equal in value to the cost of the minimum consumer basket;

39) labor market – the sphere of formation of demand and supply for labor;

40) national labor force forecasting system - a set of methods and approaches used that allow determining the forecast demand and supply of labor;

41) Center for the Development of Labor Resources - a legal entity created by decision of the Government of the Republic of Kazakhstan under the authorized state body, providing information and analytical support of the labor market, active measures to promote employment, methodological support of employment services, development and maintenance of a unified information system of the social and labor sphere;

42) labor mobility center - a legal entity created by the local executive body of the region, city of republican significance and the capital for the purpose of developing and implementing measures to promote employment;

43) able-bodied person (able-bodied family member) - a person or family member from the age of eighteen years to the age provided for in paragraph 1 of Article 207 of this Code, with the exception of persons with disabilities of the first or second group and (or) persons with diseases for which a period of temporary disability of more than two months may be established;

44) freely chosen employment - the activity of citizens of the Republic of Kazakhstan, candidates, foreigners and stateless persons living in the Republic of Kazakhstan, chosen by them by freely disposing of their ability to work, choosing a profession and type of activity;

45) voluntary savings pension fund - a professional participant in the securities market, carrying out investment portfolio management activities on the basis of a license from the authorized body for regulation, control and supervision of the financial market and financial organizations with the right to attract voluntary pension contributions;

46) voluntary pension contributions - money contributed by investors of voluntary pension contributions on their own initiative to the unified accumulative pension fund and (or) voluntary accumulative pension funds in favor of the recipient of pension payments in the manner determined by the legislation of the Republic of Kazakhstan and the agreement on pension provision at the expense of voluntary pension contributions, and (or) the unclaimed amount of guaranteed compensation for a guaranteed deposit, transferred by the organization carrying out mandatory guarantee of deposits to the unified accumulative pension fund in accordance with the Law of the Republic of Kazakhstan “On mandatory guarantee of deposits placed in second-tier banks of the Republic of Kazakhstan”;

47) agreement on pension provision through voluntary pension contributions - an agreement on the establishment, change or termination of legal relations related to voluntary pension contributions, savings and receipt of pension payments, the terms of which are accepted by the contributor (recipient) only by joining the proposed agreement as a whole;

48) rate of voluntary pension contributions - the amount of payment to the unified accumulative pension fund and (or) voluntary accumulative pension fund, which is determined by the contributor of voluntary pension contributions independently and can be changed at his discretion, determined by the agreement on pension provision at the expense of voluntary pension contributions;

49) contributor of voluntary pension contributions - an individual or legal entity who makes, at the expense of his own funds, as well as an individual who, at the expense of the unclaimed amount of guarantee compensation on a guaranteed deposit, makes voluntary pension contributions in favor of the recipient of pension payments in accordance with the agreement on pension provision at the expense of voluntary pension contributions;

50) wage subsidy - full or partial compensation of the employer’s costs for remuneration of workers employed in subsidized jobs;

51) employee - an individual performing work under an employment contract or carrying out activities under a civil law contract, in which the schedule and payment for time worked or a unit of goods produced, or for services rendered are determined by the customer;

52) average per capita income - the share of total family income per month per each family member;

Note FROM!

minimum amount of old-age pension - the minimum amount of old-age pension payment established for the corresponding financial year by the law on the republican budget;

54) individual pension account - a personal registered account of the contributor of compulsory pension contributions, an individual for whom compulsory professional pension contributions, voluntary pension contributions are transferred (recipient of pension payments), on which compulsory pension contributions or compulsory professional pension contributions, or voluntary pension contributions, investment income, penalties and other income are recorded in accordance with the legislation of the Republic of Kazakhstan and from which pension payments are made;

55) individual assistant - a person who provides services to accompany a person with a disability of the first group who has difficulty moving, and to provide assistance when visiting sites;

56) a person engaged in private practice - a private notary, a private bailiff, a lawyer and a professional mediator;

57) total income – the sum of types of income taken into account when assigning state targeted social assistance;

58) mandatory pension contributions of the employer - money transferred by agents at the expense of their own funds to a conditional pension account in the manner established by the legislation of the Republic of Kazakhstan;

59) rate of compulsory pension contributions of the employer - the amount of the agent’s payment to the unified accumulative pension fund, expressed as a percentage of the employee’s income accepted for calculating the compulsory pension contributions of the employer;

60) labor force – employed and unemployed population;

61) persons not included in the labor force - persons who are not employed or unemployed;

62) workplace - the place of permanent or temporary location of an employee when he performs his labor duties in the process of labor activity;

63) job seeker – an individual who applied to the career center for assistance in employment;

64) employment – a set of organizational, economic and legal measures designed to promote employment of the population;

65) individual employment plan - a document that indicates the personal data of the unemployed, planned and implemented measures to promote employment;

66) private employment agency - an individual or legal entity providing labor intermediation, registered in the manner established by the legislation of the Republic of Kazakhstan;

67) unemployed - an individual searching for work and ready to start work;

68) pension - a set of state basic pension payments and (or) old-age pension payments, and (or) long-service pension payments and (or) from a unified pension savings fund, and (or) a voluntary pension savings fund, and (or) insurance payments from an insurance organization in accordance with a pension annuity agreement;

69) pension assets - money, securities, other financial instruments intended to ensure and make pension payments, transfers, as well as other purposes provided for by this Code;

70) investment income of pension assets - money received (to be received) as a result of investing pension assets;

71) investment portfolio of pension assets – a set of financial instruments included in pension assets;

72) pension annuity contract - an insurance contract, according to which one party (the policyholder) undertakes to transfer the amount of pension savings (redemption amount) to the insurance organization, and the other party (the insurance organization) undertakes to make insurance payments in favor of the policyholder and (or) the insured (insured) for life or for a certain period of time;

73) authorized organization for issuing pensions and benefits - second-tier banks, organizations licensed by the authorized body for regulation, control and supervision of the financial market and financial organizations for relevant types of banking operations, territorial divisions of the joint-stock company "Kazpost";

74) pension savings - money of the contributor of mandatory pension contributions, an individual for whom mandatory professional pension contributions are transferred, voluntary pension contributions (recipient of pension payments), accounted for in his individual pension account, including mandatory pension contributions, mandatory professional pension contributions and voluntary pension contributions, investment income of pension assets, penalties and other income in accordance with agreements, this Code, legislation of the Republic of Kazakhstan;

Note FROM!

threshold of minimum adequacy of pension savings - the minimum amount of pension savings formed through mandatory pension contributions, necessary to ensure a monthly pension not lower than the minimum pension established by the law on the republican budget and effective as of January 1 of the corresponding financial year, determined in accordance with the methodology approved by the Government of the Republic of Kazakhstan;

76) pension provision – a set of legal, economic and social measures aimed at providing citizens with pension payments upon reaching retirement age and other conditions provided for by the legislation of the Republic of Kazakhstan;

77) pension payments:

by age - payments of money to individuals with at least six months of work experience as of January 1, 1998, made in proportion to their work experience;

for length of service - payment of money to military personnel, with the exception of military personnel serving in the reserves, employees of special state and law enforcement agencies, civil protection authorities, state courier service, as well as persons whose rights to have special ranks, class ranks and wear uniforms were abolished from January 1, 2012, and persons whose medical positions were reduced in the internal affairs bodies of the Republic of Kazakhstan from July 1, 2022 and January 1, 2023 years, who at the time of job reduction had a length of service of at least twelve years and six months of continuous military service, service in special state and law enforcement agencies, civil protection agencies, state courier service, subject to their continued work in medical organizations located in pre-trial detention centers and institutions of the criminal executive (penitentiary) system, in accordance with this Code;

from the unified pension savings fund - payment of money to individuals for whom mandatory pension contributions and (or) mandatory employer pension contributions, and (or) mandatory professional pension contributions, and (or) voluntary pension contributions have been paid;

from an insurance organization - payment of money from an insurance organization to individuals in accordance with a pension annuity agreement;

from the voluntary accumulative pension fund - payment of money to individuals for whom voluntary pension contributions have been paid;

78) recipient of pension payments - an individual who has been assigned a state basic pension payment and (or) old-age pension payments, and (or) long-service pension payments, and (or) pension payments from the unified accumulative pension fund and (or) voluntary accumulative pension fund, and (or) insurance payments from an insurance organization in accordance with the pension annuity agreement;

Note FROM!

minimum pension - the minimum pension established for the corresponding financial year by the law on the republican budget;

80) investment portfolio manager – a professional participant in the securities market, carrying out on its own behalf and in the interests and at the expense of the client the activity of managing an investment portfolio on the basis of a license in accordance with the laws of the Republic of Kazakhstan “On the Securities Market” and “On Permits and Notifications”, as well as meeting the requirements of the authorized body for regulation, control and supervision of the financial market and financial organizations for the management of pension assets;

81) Internet platform - an Internet resource intended for interaction between the operator of the Internet platform, the customer and the contractor for the provision of services and performance of work;

82) custodian bank - the National Bank of the Republic of Kazakhstan or a second-tier bank that has a license from the authorized body for regulation, control and supervision of the financial market and financial organizations for custodial activities;

83) custodial agreement - a storage and assignment agreement concluded by the custodian bank and its client, which determines the procedure for providing the client with custodial services;

84) vocational guidance – a system of measures aimed at assisting a person with a disability in choosing types of work;

85) vocational training - training that includes vocational training, retraining in order to obtain new specialties (professions), skills and advanced training within the framework of employment promotion measures provided for by this Code;

86) poverty line – the maximum minimum amount of monetary income per person, established as a criterion for determining the amount of state targeted social assistance;

87) caregiver - an individual who directly cares for a person with a disability of the first group, regardless of the family connection with him;

88) income replacement coefficient – a coefficient that is determined depending on the case of social risk;

88-1) Commissioner for the Rights of Socially Vulnerable Categories of the Population under the President of the Republic of Kazakhstan (hereinafter referred to as the Ombudsman) is a person appointed by the President of the Republic of Kazakhstan and carrying out his activities on a voluntary basis in order to ensure guarantees of the rights and legitimate interests of socially vulnerable categories of the population, as well as the restoration of their violated rights and freedoms in interaction with state and public institutions;

89) authorized body for regulation, control and supervision of the financial market and financial organizations - a state body that carries out state regulation, control and supervision of the financial market and financial organizations;

90) length of participation coefficient - a coefficient that is determined depending on the total length of participation in the compulsory social insurance system;

91) career center - a branch of the labor mobility center that carries out its functions in districts, cities of regional and republican significance, and the capital;

92) medical habilitation – a process of medical rehabilitation aimed at acquiring or compensating for unformed functions and skills of children with disabilities and integrating them into society;

93) median income - the amount of income relative to which the income of half the population is higher, and half of the population is lower;

94) medical rehabilitation – a complex of medical services aimed at preserving, partial or complete restoration of impaired and (or) lost body functions;

95) medical and social examination - assessment of the limitations of the life activity of the person being examined, caused by a persistent disorder of body functions, with the establishment (non-establishment) of disability and (or) the degree of loss of ability to work, as well as the determination of his needs for social protection measures;

96) medical and social examination unit - a structural unit of the authorized state body conducting medical and social examination;

97) independent expert of medical and social examination - an individual who meets the requirements determined by the authorized state body and is included in the register of independent experts of medical and social examination;

98) state targeted social assistance (hereinafter referred to as targeted social assistance) - assistance provided by the state to individuals (families) with a monthly average per capita income below the poverty line established in regions, cities of republican significance, the capital;

99) state social benefits - cash payments provided to citizens upon the occurrence of disability and loss of a breadwinner;

100) State Social Insurance Fund (hereinafter referred to as the Fund) is a non-profit organization in the form of a joint-stock company, the founder and sole shareholder of which is the state, which accumulates social contributions, assigns and makes social payments to participants in the compulsory social insurance system in respect of whom a case of social risk has occurred, including dependent family members in the event of the loss of a breadwinner;

101) assets of the State Social Insurance Fund (hereinafter referred to as the assets of the Fund) - money, securities, other financial instruments intended for the purposes provided for by this Code;

102) investment declaration of the State Social Insurance Fund (hereinafter referred to as the investment declaration of the Fund) - a document defining the goals, strategy, list of objects for investment within the framework of the legislation of the Republic of Kazakhstan, conditions and restrictions of investment activities in relation to the Fund’s assets, conditions for hedging and diversification of the Fund’s assets;

103) investment income of the State Social Insurance Fund (hereinafter referred to as the investment income of the Fund) - money received (to be received) as a result of investing the Fund’s assets;

104) state basic pension payment - a monthly cash payment provided upon reaching the retirement age established by paragraph 1 of Article 207 of this Code;

105) disability - the degree of limitation of a person’s life activity due to a health disorder with a persistent disorder of body functions;

106) a person with a disability - a person who has a health disorder with a persistent disorder of body functions caused by diseases, injuries (wounds, injuries, concussions), their consequences, disorders, which leads to a limitation of life activity and the need for his social protection;

107) social rehabilitation of persons with disabilities - a set of measures aimed at creating conditions for persons with disabilities to overcome life limitations, restoration of social status, their social, everyday and environmental adaptation;

108) professional rehabilitation of persons with disabilities - a set of measures aimed at obtaining or restoring impaired or lost professional skills, knowledge and abilities of persons with disabilities, their adaptation and employment;

109) individual program of habilitation and rehabilitation of a person with a disability (hereinafter referred to as the individual program) - a document defining the specific volumes, types and timing of habilitation and rehabilitation of a person with a disability based on his individual needs;

110) a child with a disability - a person under the age of eighteen who has a health disorder with a persistent disorder of body functions caused by diseases, injuries (wounds, injuries, concussions), their consequences, disorders, which leads to a limitation of life activity and the need for his social protection;

111) compulsory social insurance - a set of measures organized, controlled and guaranteed by the state to compensate for part of the income taken into account as an object for calculating social contributions, in order to make social payments in the event of a social risk event provided for by this Code;

112) compulsory social insurance system - a set of norms and rules established and guaranteed by the state, regulating relations between subjects of the compulsory social insurance system;

113) total length of participation in the compulsory social insurance system - the total number of months for which social contributions were received;

114) participant in the compulsory social insurance system - an individual for whom social contributions are paid and who has the right to receive social payments upon the occurrence of cases of social risk provided for by this Code;

115) subjects of the compulsory social insurance system – payer; participant in the compulsory social insurance system; recipient; State Corporation; Fund; National Bank of the Republic of Kazakhstan; authorized state body; state revenue authorities; labor mobility center;

116) mandatory pension contributions - money contributed in accordance with this Code to the unified accumulative pension fund in the manner established by the legislation of the Republic of Kazakhstan;

117) debt on mandatory pension contributions, mandatory pension contributions of the employer, mandatory professional pension contributions - calculated, withheld (accrued) and not transferred to the unified accumulative pension fund, mandatory pension contributions, mandatory pension contributions of the employer, mandatory professional pension contributions within the time limits established in accordance with this Code, as well as unpaid amounts of penalties;

118) agreement on pension provision at the expense of compulsory pension contributions, compulsory professional pension contributions - an agreement of accession, the terms of which are accepted by the contributor of compulsory pension contributions, the individual for whom compulsory professional pension contributions are transferred (the recipient of pension payments), only by joining the proposed agreement as a whole;

agent for the payment of mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions, voluntary pension contributions (hereinafter referred to as the agent) - an individual or legal entity, including a foreign legal entity operating in the Republic of Kazakhstan through a permanent establishment, branches, representative offices of foreign legal entities, calculating, withholding (accruing) and transferring mandatory pension contributions, mandatory pension contributions by the employer, mandatory professional pension contributions, voluntary pension contributions to the unified accumulative pension fund, an individual applying a special tax regime for the self-employed, provided for by the Tax Code of the Republic of Kazakhstan, in the manner determined by the legislation of the Republic of Kazakhstan.

The insurance organization is considered as an agent.

Tax agents determined in accordance with Article 820 of the Tax Code of the Republic of Kazakhstan are considered as an agent for calculation (accrual) and transfer of a single payment for employees.

Tax agents defined by the tax legislation of the Republic of Kazakhstan (hereinafter referred to as tax agents) are considered as an agent for the payment of mandatory pension contributions for individuals receiving income under civil contracts, the subject of which is the performance of work (provision of services);

The operator of the Internet platform defined by subparagraph 1) of paragraph 2 of Article 102 of this Code is considered as an agent for the payment of mandatory pension contributions, mandatory pension contributions of the employer for the persons specified in Article 102-1 of this Code.

120) rate of mandatory pension contributions - the amount of payment to the unified accumulative pension fund, expressed as a percentage of the investor’s income accepted for calculating mandatory pension contributions, and (or) to insurance payments made as compensation for damage associated with loss of earnings (income);

121) contributor of mandatory pension contributions - an individual who has an individual pension account for accounting for mandatory pension contributions in the unified pension savings fund;

122) mandatory professional pension contributions - money transferred by agents at their own expense to the unified accumulative pension fund in favor of workers engaged in work with hazardous working conditions, whose professions are provided for in the list of industries, works, professions of employees;

123) rate of compulsory professional pension contributions - the amount of the agent’s payment to the unified accumulative pension fund, expressed as a percentage of the employee’s income accepted for calculating compulsory professional pension contributions;

123-1) impeccable business reputation – professionalism and integrity of a person, confirmed, inter alia, by the absence of facts:

commission by the specified person of illegal actions (inaction) that led to insolvency, resulting in the forced liquidation of a financial organization, or to the application of a settlement regime to the bank;

unexpunged or outstanding criminal record of the specified person, including the absence of a judicial act that has entered into legal force on the application of criminal punishment to the person in the form of deprivation of the right to hold the position of an executive employee of a financial organization, banking and (or) insurance holding company and to be a major participant (major shareholder) of a financial organization for life;

the presence of relationships with third parties (control and influence of third parties), whose actions contributed to the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction, based on information from the authorized body for financial monitoring;

124) rehabilitation – a set of measures aimed at fully or partially restoring the abilities of a person with a disability for everyday, social, professional and other activities;

124-1) difficult life situation - a situation recognized on the grounds provided for by this Code as objectively disrupting a person’s life, which he cannot overcome on his own;

124-2) an integrated model of providing persons (families) who find themselves in difficult life situations with comprehensive support within the competence of government bodies (hereinafter referred to as the integrated model) - an organizational and functional approach that provides for the participation of government bodies under the coordination of an authorized government body in order to strengthen interdepartmental interaction;

125) limitation of life activity - complete or partial loss of a person’s ability or ability to perform self-care, move independently, navigate, communicate, control one’s behavior, study and engage in labor activity;

126) platform employment mobile application - a software product installed and launched on a subscriber’s cellular device and providing access to services and work provided through the Internet platform;

127) prosthetic and orthopedic care – a specialized type of medical and technical assistance to provide persons with disabilities with prosthetic and orthopedic devices and training in their use;

128) organization for the formation and maintenance of an insurance database - a non-profit organization created in the legal form of a joint stock company, one hundred percent of the voting shares of which belong to the National Bank of the Republic of Kazakhstan, carrying out activities for the formation and maintenance of a unified insurance database in accordance with the Law of the Republic of Kazakhstan “On Insurance Activities”;

129) insurance organization - a legal entity engaged in concluding and executing insurance contracts in the “life insurance” industry on the basis of an appropriate license from the authorized body for regulation, control and supervision of the financial market and financial organizations;

130) redemption amount - the amount of money that, upon early termination of a pension annuity contract, the policyholder has the right to use to make a transfer under a newly concluded pension annuity contract or receive from an insurance organization, if he is a foreigner or a stateless person who has left for permanent residence outside the Republic of Kazakhstan, who has submitted to the insurance organization documents determined by the legislation of the Republic of Kazakhstan, confirming the fact of departure;

131) subsidized workplace - a workplace created by the employer on a contractual basis with the labor mobility center (career center) for the employment of the unemployed, as well as students and high school students in their free time, participating in work that does not cause harm to health and does not disrupt the learning process, with full or partial subsidization of their wages;

132) low-income persons (families) - persons (families) with per capita income per month below the poverty line established in regions, cities of republican significance, the capital;

133) independent worker - an individual who independently carries out activities in the production (sale) of goods, works and services in order to generate income without state registration of his activities, with the exception of individual entrepreneurs, persons engaged in private practice, founders (participants) of a business partnership and founders, shareholders (participants) of a joint-stock company, members of a production cooperative;

134) technical auxiliary (compensatory) means:

prosthetic and orthopedic devices – devices that replace missing limbs or other parts of the body, compensating for impaired or lost body functions due to illness or damage to health;

hearing aids – technical means for the correction and compensation of hearing impairment, as well as sound-amplifying means of communication and information transmission;

Typhlotechnical means - technical means aimed at correcting and compensating for the lost capabilities of persons with disabilities as a result of visual impairment;

mandatory hygiene products - products intended for the fulfillment of natural physiological needs and requirements;

135) authorized state body - the central executive body that carries out management and intersectoral coordination in the field of social protection of the population in accordance with the legislation of the Republic of Kazakhstan, regulation, control functions over the activities of the Fund;

136) authorized operator - a legal entity (legal entities) determined by the Government of the Republic of Kazakhstan, which opens and maintains special accounts for one-time pension payments from the unified accumulative pension fund in order to improve housing conditions and (or) pay for treatment, to which the unified accumulative pension fund transfers one-time pension payments from pension savings formed through mandatory pension contributions;

137) precinct commission - a special commission created by a decision of the akims of the relevant administrative-territorial units to conduct a survey of the financial situation of persons (families) who applied for targeted social assistance;

138) affiliated persons - individuals or legal entities (with the exception of government bodies exercising control and supervisory functions within the powers granted to them, and the national management holding), having the ability to directly and (or) indirectly determine decisions and (or) influence decisions made by each other (one of the persons), including by virtue of a concluded transaction. The presence of a national management holding company among the shareholders of a voluntary accumulative pension fund is not the basis for determining that persons are affiliated with each other;

139) local executive body on issues of social protection and employment of the population - a local executive body of the region, cities of republican significance, the capital, determining directions in the field of social protection and employment of the population;

140) employment of the population - labor activity related to the satisfaction of personal and social needs, not contradicting the legislation of the Republic of Kazakhstan, generating earnings or income;

141) outsourcing of services in the field of employment - a set of measures aimed at transferring services by labor mobility centers to private employment agencies on the basis of an agreement on outsourcing services in the field of employment;

142) conditional cash assistance - a type of targeted social assistance provided in the form of monthly cash payments to low-income individuals (families) subject to their mandatory participation in measures to promote employment and (or), if necessary, measures of social adaptation;

143) unconditional cash assistance - a type of targeted social assistance provided in the form of monthly cash payments to low-income individuals (families) with limited opportunities to participate in measures to promote employment;

144) contingent pension obligations - obligations of the unified pension savings fund for pension payments at the expense of mandatory pension contributions by the employer and other revenues in accordance with the legislation of the Republic of Kazakhstan;

145) conditional pension account - an account opened in the name of an individual in a unified accumulative pension fund, which records information on received compulsory pension contributions by the employer and other income in accordance with the legislation of the Republic of Kazakhstan, as well as information on the amount of pension payments from the compulsory pension contributions of the employer for the corresponding financial year;

146) sign language specialist - a specialist who provides services to persons with disabilities in sign language interpretation from any language into the dactyl alphabet and (or) sign language.

2. Other special concepts and terms of the legislation of the Republic of Kazakhstan on social protection are used in the meanings defined in the relevant articles of this Code.

The legislation of the Republic of Kazakhstan on social protection is based on the Constitution of the Republic of Kazakhstan and consists of this Code and other regulatory legal acts of the Republic of Kazakhstan.

2. International treaties ratified by the Republic of Kazakhstan take precedence over this Code. The procedure and conditions for the validity of international treaties on the territory of the Republic of Kazakhstan, to which the Republic of Kazakhstan is a party, are determined by the legislation of the Republic of Kazakhstan.

3. Legal relations regulated by the legislation of the Republic of Kazakhstan on social protection in the field of compulsory social insurance are not subject to the legislation of the Republic of Kazakhstan on insurance and insurance activities.

4. The unified accumulative pension fund, voluntary accumulative pension funds and other legal entities operating within the framework of the special regulatory regime introduced in accordance with the Law of the Republic of Kazakhstan “On State Regulation, Control and Supervision of the Financial Market and Financial Organizations”, the norms of this Code and the regulatory legal acts of the authorized body for regulation, control and supervision of the financial market and financial organizations, the National Bank of the Republic of Kazakhstan, adopted in accordance with this Code, apply to the extent provided for by the conditions of the special regulation mode.

5. The provisions of the legislation of the Republic of Kazakhstan on social protection in the field of pension provision, applied to insurance organizations, apply to branches of insurance organizations - non-residents of the Republic of Kazakhstan, carrying out activities for the conclusion and execution of insurance contracts in the “life insurance” industry on the basis of an appropriate license from the authorized body for regulation, control and supervision of the financial market and financial organizations in the territory of the Republic of Kazakhstan.

6. Legal relations regulated by the legislation of the Republic of Kazakhstan on social protection of the population in the field of medical and social expertise are not subject to the legislation of the Republic of Kazakhstan on public procurement in terms of purchasing the services of independent experts of medical and social expertise.

State policy in the field of social protection is based on the following principles:

equality and inadmissibility of restricting human and civil rights in the field of social protection;

2) preventiveness;

3) targeting, accessibility and differentiated approach;

4) solidarity and collective responsibility of the state, employers and citizens in the social security system;

5) transparency and fairness in the use of economic resources, as well as proportionality to the objectives of state policy in the field of social protection.

Everyone has equal opportunities to exercise their rights and freedoms in the field of social protection. No one may be subjected to any discrimination based on origin, social, official and property status, gender, race, nationality, language, attitude to religion, beliefs, place of residence, age, health status, including disability, or any other circumstances.

Article 5. Preventiveness

Preventiveness involves the early identification of social risks of an economic, physiological, industrial, demographic nature and the elimination of the causes and conditions that contribute to their occurrence.

2. Preventive measures to reduce social risks are carried out by government bodies, public organizations, employers, citizens in accordance with the legislation of the Republic of Kazakhstan.

Article 6. Targeting, accessibility and differentiated approach

Social protection is personalized and applies exclusively to an individually defined circle of persons entitled in accordance with this Code.

2. Social protection measures and the conditions for their provision to citizens are determined on the basis of a differentiated approach, taking into account their labor contribution, the cause and degree of disability, as well as the need for social protection.

The joint responsibility of the state, employers and citizens in the field of social protection is carried out through a parity division of responsibility for the quality of life, social well-being, as well as for reducing social risks.

2. State bodies, employers and citizens jointly participate in the implementation of social security measures at the expense of budgetary funds, mandatory social insurance funds and other sources of financing provided for by the legislation of the Republic of Kazakhstan.

The activities of government bodies in the use of economic resources in the implementation of state policy in the field of social protection must be public and open within the limits established by the legislation of the Republic of Kazakhstan.

2. When forming and implementing state policy in the field of social protection, government bodies ensure a fair balance of interests of the state, employers and citizens in the social security system, as well as the proportionality of economic resources and the objectives of state policy in the field of social protection.

Providing minimum social standards in the areas of labor, social security, education, family and children, healthcare, culture, physical culture and sports, provision of state-guaranteed legal assistance is carried out in accordance with the Law of the Republic of Kazakhstan “On Minimum Social Standards and Their Guarantees”.

Social protection is provided to individuals (families) upon the occurrence of the conditions established by this Code, in the form of:

social protection for families with children;

2) measures of social protection against unemployment and ensuring employment of the population, as well as social payments in the event of job loss, subject to participation in the compulsory social insurance system;

3) targeted social assistance to individuals (families) with an average per capita income not exceeding the poverty line;

4) provision of special social services to persons (families) recognized as needing special social services;

5) social protection of persons with disabilities;

6) social assistance to certain categories of citizens through the payment of special state benefits, in accordance with this Code and the laws of the Republic of Kazakhstan;

6-1) social protection of persons employed in jobs with hazardous working conditions;

7) pension provision;

8) social protection of persons who have lost their breadwinner;

9) a lump sum payment for funeral in the event of the death of a recipient of an old-age pension payment or a recipient of a state basic pension payment, state social benefits to his family or the person who performed the funeral.

2. The rights provided for by this article are exercised in the manner and under the conditions provided for by the Special Part of this Code.

Article 10-1. Competence of the Ombudsman

In order to ensure guarantees of the rights, freedoms and legitimate interests of socially vulnerable categories of the population, the Ombudsman:

considers appeals concerning violations of the rights, freedoms and legitimate interests of socially vulnerable categories of the population, and complaints about decisions or actions (inaction) of central state and local executive bodies and organizations, their officials, violating the rights, freedoms and legitimate interests of socially vulnerable categories of the population;

2) provides assistance in restoring the violated rights, freedoms and legitimate interests of socially vulnerable categories of the population;

3) develops and sends to the Government of the Republic of Kazakhstan recommendations for improving the legislation of the Republic of Kazakhstan in terms of guarantees of the rights, freedoms and legitimate interests of socially vulnerable categories of the population;

4) submits to the Government of the Republic of Kazakhstan and other government bodies, local government and self-government bodies, other organizations and officials recommendations and proposals regarding measures aimed at preventing violations of the rights, freedoms and legitimate interests of socially vulnerable categories of the population;

5) requests and receives from state bodies, local government and self-government bodies and organizations the information, documents and materials necessary for consideration of applications that affect the rights, freedom and legitimate interests of socially vulnerable categories of the population, with the exception of information constituting state secrets and other secrets protected by the law of the Republic of Kazakhstan;

6) exercises other powers in accordance with the legislation of the Republic of Kazakhstan.

2. Socially vulnerable categories of the population include persons receiving government services in the social and labor sphere within the framework of this Code.

Chapter 3. COMPETENCE OF STATE BODIES AND OTHER ORGANIZATIONS

Article 11. Competence of the Government of the Republic of Kazakhstan

Government of the Republic of Kazakhstan:

establishes the maximum interest rate of the Fund’s commission;

2) decides to increase the amount of social payments in cases of disability and loss of a breadwinner;

3) determines the list and limits of financial instruments for investing the Fund’s assets;

4) establishes norms and limits to ensure the financial stability of the Fund;

5) approves the list of financial instruments allowed for acquisition at the expense of pension assets of the unified pension savings fund, which are in trust management of the National Bank of the Republic of Kazakhstan;

6) determines the procedure and terms for calculating, withholding (accruing) and transferring mandatory pension contributions, mandatory professional pension contributions to the unified pension savings fund and collections on them;

7) determines the procedure and timing of calculation (accrual) and transfer of mandatory pension contributions of the employer to the unified pension savings fund and collections on them;

8) approves the rules for determining the amount and implementation of pension payments at the expense of the employer’s mandatory pension contributions from the unified pension savings fund;

9) approves the rules for the withdrawal and transfer to the budget of the amounts of mandatory pension contributions additionally established for judges of the Constitutional Court of the Republic of Kazakhstan, judges, in the event of a judge being dismissed from office for negative reasons;

10) approves the rules for the implementation of pension payments formed at the expense of mandatory pension contributions, mandatory professional pension contributions, one-time pension payments in order to improve housing conditions and (or) payment for treatment, formed at the expense of mandatory pension contributions, from the unified accumulative pension fund, their return to the unified accumulative pension fund, the methodology for calculating the amount of pension payments, the methodology for determining the coefficient of replacement of the recipient's average monthly income with pensions payments, methods for determining the threshold of minimum adequacy of pension savings;

11) approves the rules for the return of 50 percent of the amount of mandatory pension contributions transferred from budgetary funds before January 1, 2016 in favor of military personnel (except for conscripts), employees of special state and law enforcement agencies, civil protection agencies, state courier service, as well as persons whose rights to have special ranks, class ranks and wear uniforms have been abolished since January 1, 2012;

12) approves the rules for maintaining benefits for pension payments for length of service to persons whose medical positions are reduced in the internal affairs bodies of the Republic of Kazakhstan from July 1, 2022 and January 1, 2023, who at the time of reduction of position had a length of service of at least twelve years and six months of continuous military service, service in special state and law enforcement agencies, civil protection agencies, state courier service, subject to their continued work in medical organizations located in investigative isolators and institutions of the criminal-executive (penitentiary) system;

13) approves the rules for making mandatory professional pension contributions;

14) approves the rules for the implementation of state guarantees to recipients of pension payments for the safety of compulsory pension contributions, compulsory professional pension contributions in the unified accumulative pension fund in the amount of compulsory pension contributions, compulsory professional pension contributions actually made, taking into account the level of inflation;

15) makes decisions on the creation, reorganization or liquidation of a unified pension savings fund in the manner prescribed by the laws of the Republic of Kazakhstan;

17) approves standard rules for the provision of social assistance, establishing its amounts and determining the list of certain categories of citizens in need.

Article 12. Competence of the authorized state body

Authorized state body:

establishes general principles for the organization and implementation of medical and social examination and rehabilitation of persons with disabilities;

2) forms and implements state policy in the field of social protection and employment, and also organizes its implementation;

3) annually sets the interest rate of the Fund’s commission, but not more than twice a year;

3-1) issues to entities providing special social services a license to provide special social services;

4) develops:

rules for making pension payments formed at the expense of mandatory pension contributions, mandatory professional pension contributions, one-time pension payments in order to improve housing conditions and (or) pay for treatment, formed at the expense of mandatory pension contributions, from the unified accumulative pension fund, returning them to the unified accumulative pension fund, methods for calculating the amount of pension payments, methods for determining the coefficient of replacement of the recipient's average monthly income with pension payments, methods for determining threshold of minimum adequacy of pension savings;

rules for making mandatory professional pension contributions;

rules for the implementation of state guarantees to recipients of pension payments for the safety of compulsory pension contributions, compulsory professional pension contributions in the unified accumulative pension fund in the amount of compulsory pension contributions actually made, compulsory professional pension contributions, taking into account the level of inflation;

standard rules for the provision of social assistance, establishing its amounts and determining the list of certain categories of citizens in need;

rules for the return of 50 percent of the amount of mandatory pension contributions transferred from budgetary funds before January 1, 2016 in favor of military personnel (except for conscripts), employees of special state and law enforcement agencies, civil protection agencies, state courier service, as well as persons whose rights to have special ranks, class ranks and wear uniforms have been abolished since January 1, 2012;

the procedure and timing of calculation, deduction (accrual) and transfer of mandatory pension contributions, mandatory professional pension contributions to the unified accumulative pension fund and collections on them;

a list of works in organizations carrying out forensic medical examinations and pathoanatomical diagnostics, for preferential calculation of length of service for the appointment of old-age pension payments at one and a half times the rate;

a list of seasonal industries in which work during a full season is counted towards the length of service for the purpose of assigning old-age pension payments for a year of work;

list and limits of financial instruments for investing the Fund’s assets;

norms and limits ensuring the financial stability of the Fund;

proposal to establish a maximum interest rate for the Fund's commission;

a proposal to increase the amount of social benefits in cases of disability and loss of a breadwinner;

4-1) approves the rules for the rotation of the first heads of state organizations providing special social services;

5) develops and approves:

forms of reporting documentation in the field of targeted social assistance;

forms of checklists, criteria for assessing the degree of risk in accordance with the Entrepreneurial Code of the Republic of Kazakhstan;

workplace standards for persons with disabilities;

standards for the provision of special social services in the field of social protection of the population;

methodology for setting tariffs and the maximum level of tariffs for services in the field of employment provided at the expense of budgetary funds;

rules for the voluntary resettlement of persons to increase labor mobility;

rules for organizing and financing outsourcing of services in the field of employment;

qualification requirements for private employment agencies applying for participation in the outsourcing of services in the field of employment;

list of services offered as part of outsourcing services in the field of employment;

rules for calculating the total income of a person (family) applying for targeted social assistance;

rules for the use by centers of special social services of pension payments by age, long service and state social benefits;

rules for charging commissions by the Fund;

rules for calculating and paying social contributions to the Fund and penalties for them;

rules and cases for the return of overpaid (erroneously) paid social contributions and (or) penalties for late and (or) incomplete payment of social contributions;

rules for issuing information to participants in the compulsory social insurance system about the status and movement of social contributions;

rules for the appointment and payment of targeted social assistance;

rules for the provision of services of an individual assistant for persons with disabilities of the first group who have difficulty moving, in accordance with the individual program of habilitation and rehabilitation of a person with a disability;

rules for the provision of services of a sign language specialist for persons with hearing disabilities in accordance with the individual program of habilitation and rehabilitation of a person with a disability;

rules for providing persons with disabilities with prosthetic and orthopedic assistance, technical auxiliary (compensatory) means, special means of transportation in accordance with the individual program of habilitation and rehabilitation of a person with a disability, including the timing of their replacement;

rules for providing sanatorium-resort treatment to persons with disabilities and children with disabilities in accordance with the individual program of habilitation and rehabilitation of a person with a disability;

rules for conducting medical and social examination;

rules for reimbursement of the cost of goods and services, services for transporting persons with disabilities by invataxi from the state budget when they are sold to persons with disabilities through the social services portal;

rules for registering suppliers of goods and (or) services, services for transporting persons with disabilities by invataxi or deregistering them on the social services portal, as well as admitting goods and (or) services to the social services portal;

classifier of technical auxiliary (compensatory) aids, special means of transportation and services provided to persons with disabilities;

a methodology for determining the guaranteed amount provided as compensation for the cost of goods and (or) services, services for transporting persons with disabilities by invataxi, purchased by persons with disabilities through the social services portal;

rules for assessing and determining the need for special social services in agreement with authorized bodies in the field of education and healthcare;

rules for financing and monitoring the provision of special social services in the field of social protection of the population;

rules for the activities of organizations providing special social services;

rules, deadlines for issuing and revoking a certificate of assignment of a qualification category for specialists in the field of social protection of the population;

standard for a network of organizations providing special social services;

rules and methodology for setting tariffs for special social services;

rules for certification of social workers in agreement with the authorized body in the field of education;

qualification requirements for social workers;

a methodology for determining the social well-being of a family (person) in agreement with the authorized body in the field of informatization;

a list of the guaranteed volume of special social services;

a list of industries, works, professions of workers engaged in work with hazardous working conditions, in favor of which agents for the payment of compulsory professional pension contributions at their own expense make compulsory professional pension contributions;

the procedure for assessing the needs of persons with disabilities according to the classification of technical auxiliary (compensatory) means, special means of transportation and services provided to persons with disabilities;

6) carries out:

interaction with individuals and legal entities, authorized bodies in the field of healthcare, education and other government bodies on the provision of special social services;

inspection of the activities of the State Corporation within its competence;

analysis, assessment and control of the financial stability of the Fund;

internal control of the Fund’s activities in the manner established by the Administrative Procedural Code of the Republic of Kazakhstan;

provides electronic services using information systems in accordance with the legislation of the Republic of Kazakhstan on informatization;

8) determines the size of the poverty line for the Republic of Kazakhstan;

9) develops and approves regulatory legal acts in the field of social protection;

9-1) organizes and coordinates work on maintaining medical and social records;

10) performs other functions provided for by this Code, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 13. Competence of the authorized body in the field of healthcare

Authorized body in the field of health:

pursues and implements a unified state policy in the field of promoting a healthy lifestyle of the population and preventing disability;

2) develops and approves standards for the provision of special social services in the field of healthcare in agreement with the authorized state body and the authorized body in the field of education;

4) develops and approves, within its competence, regulatory legal acts in the field of social protection;

5) exercises other powers provided for by this Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 14. Competence of the authorized body in the field of education

Authorized body in the field of education:

ensures that persons with disabilities receive education in accordance with the legislation of the Republic of Kazakhstan;

2) implements state policy in the field of providing special social services in the field of education;

3) develops and approves standards for the provision of special social services in the field of education and protection of children’s rights;

4) carries out:

control in the provision of special social services;

interaction with individuals and legal entities, authorized government bodies and other government bodies on the provision of special social services;

5) develops and approves, within its competence, regulatory legal acts in the field of social protection;

6) exercises other powers provided for by this Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 15. Competence of the authorized body for regulation, control and supervision of the financial market and financial organizations

Authorized body for regulation, control and supervision of the financial market and financial organizations:

develops and approves regulatory legal acts regarding regulation, control and supervision of the financial market and financial organizations;

2) develops and approves the rules for the implementation of the activities of the unified accumulative pension fund and (or) voluntary accumulative pension funds;

3) develops and approves the rules for transferring pension savings from a unified accumulative pension fund to a voluntary accumulative pension fund, from a voluntary accumulative pension fund to a unified accumulative pension fund, as well as from one voluntary accumulative pension fund to another voluntary accumulative pension fund;

4) develops and approves the rules for collecting commissions by the unified pension savings fund;

5) develops and approves a standard pension annuity agreement, establishes a methodology for calculating the insurance premium and insurance payment from the insurance organization under the pension annuity agreement;

6) develops and approves the rules for concluding a pension annuity agreement with an insurance organization and transferring pension savings (redemption amount) to the insurance organization, a unified pension savings fund under a pension annuity agreement;

7) develops and approves requirements for investment portfolio managers to whom pension assets can be transferred to trust management in accordance with Article 37 of this Code, as well as a list of financial instruments allowed for acquisition at the expense of these pension assets;

8) maintains and places on its Internet resource a register of investment portfolio managers who meet the requirements of the authorized body for managing pension assets;

9) develops and approves the rules and terms for the transfer of pension assets into trust management to the investment portfolio manager and the transfer of pension assets from one investment portfolio manager to another investment portfolio manager or the National Bank of the Republic of Kazakhstan;

10) develops and approves the rules for calculating the negative difference between the nominal return on pension assets received by the investment portfolio manager and the minimum value of the return on pension assets, as well as the rules and terms for compensating the negative difference to the investment portfolio manager at the expense of their own capital;

11) develops and approves, within its competence, regulatory legal acts in the field of social protection;

11-1) exercises control over the procedure for maintaining by the unified accumulative pension fund the accounting of target requirements, target savings and target assets;

12) performs other functions provided for by this Code, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 16. Competence of the Center for Human Resources Development

The Human Resources Development Center carries out:

provision of services to the authorized state body for:

assessing the state of the labor market, forecasting labor supply and demand;

monitoring the progress of implementation of measures to promote employment, assessing and developing proposals for their improvement;

organizing the collection of departmental and administrative statistical reporting on issues of social protection, employment, and labor migration of citizens;

purchasing training courses for vocational training of the unemployed through the Electronic Labor Exchange;

methodological support for structural units of local executive bodies that coordinate issues of social protection and employment of the population, as well as labor mobility centers (career centers) on issues of employment and targeted social assistance;

information, consulting, methodological support on issues of social protection of persons with disabilities and analysis of prices for technical means and rehabilitation services declared by suppliers on the social services portal;

information, consulting, methodological support on the issues of the National Qualifications System;

examination of professional standards;

development of mechanisms for the provision of proactive and electronic government services to participants in the pension system, the system of compulsory social insurance and social security, active measures to promote employment and recipients of social assistance provided by local executive bodies, recipients of special professional state benefits, insurance payments under a pre-retirement annuity insurance contract, professional payments at the expense of the employer;

formation, maintenance and development of a personalized database of participants in the funded pension system, compulsory social insurance system, compulsory social health insurance system, payers of the single aggregate payment and single payment;

2) advanced training of specialists from local executive bodies and labor mobility centers (career centers);

3) support, system technical maintenance and project management for the development of a unified digital employment platform “Electronic Labor Exchange”;

4) support, management of development projects, ensuring information security and access control of informatization objects in the social and labor sphere, organizing uninterrupted operation and system technical maintenance of software and hardware and telecommunication networks, integration with other objects of informatization, as well as analysis and processing of data in the social and labor sphere;

5) registration and deregistration as unemployed members of families of military personnel, employees of special state and law enforcement agencies, civil protection authorities, as well as their dependents who are not engaged in labor activities, in the manner and in cases determined by the authorized state body;

6) provision of information and consulting services in the social and labor sphere to individuals and legal entities, taking into account the requirements of the legislation of the Republic of Kazakhstan in the field of personal data protection;

7) other powers provided for by this Code and the laws of the Republic of Kazakhstan.

Article 17. Competence of the State Corporation

The state corporation carries out the following types of activities related to the state monopoly:

interaction with the authorized state body on the issues of accepting documents, forming mock-ups of cases for appointment, reviewing the decision on appointment (refusal to appoint), suspension, termination, renewal and recalculation of the state basic pension payment, old-age pension payments, benefits, one-time, social and other payments, transfer, suspension, renewal and termination of payment of a special professional state benefit, transfer or return of insurance payment under a pre-retirement annuity insurance contract, professional payment at the expense of employer funds;

2) filling and updating automated centralized databases and personalized accounting of recipients of the state basic pension payment, pension payments, benefits, one-time, social payments and other payments;

3) filling and updating data from information systems in the areas of social security and compulsory social insurance;

4) filling and updating in the information systems of the authorized state body the data of individuals in whose favor mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions, and recipients of pension payments from the unified accumulative pension fund have been paid;

5) implementation of personalized accounting of mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions and (or) penalties;

6) formation of monthly needs, schedules for pension payments, payment of benefits, one-time and other payments and sending an application for the need for budget funds to the authorized state body;

7) formation of monthly needs and a schedule for the implementation of social payments, sending an application to the Fund regarding the need for funds;

8) formation of monthly needs, schedules for the implementation of targeted social assistance, other payments and sending an application for the need for budget funds to the authorized state body;

9) formation and submission to the authorized body that carries out management in the field of ensuring the receipt of taxes and other obligatory payments to the budget, registers of payment documents of agents for the amounts of mandatory pension contributions, mandatory pension contributions of the employer, mandatory professional pension contributions and (or) penalties on them transferred to the account of the State Corporation and returned to the agent from the State Corporation;

10) organization and implementation of state basic pension payments, old-age pension payments, long-service pension payments, payment of benefits, one-time and other payments in accordance with the legislation of the Republic of Kazakhstan;

11) organization of social payments from the Fund;

12) organization and implementation of pension payments from the funds of the unified pension savings fund;

13) payment of targeted social assistance and other payments in accordance with the legislation of the Republic of Kazakhstan;

14) transfer to the unified accumulative pension fund of additionally established mandatory pension contributions, subsidized from budgetary funds, to recipients of social benefits in the event of loss of income in connection with caring for a child upon reaching the age of one and a half years;

15) interaction with agents, the unified pension savings fund on issues of accounting, transfer, return of pension contributions and (or) penalties on them;

16) interaction with the unified pension savings fund on issues of accounting, transfer, return, termination of pension payments;

17) determining the size of the difference between the amount of actually made mandatory pension contributions, mandatory professional pension contributions taking into account the level of inflation and the amount of pension savings in the unified accumulative pension fund;

18) transfer of mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions and (or) penalties from agents to a unified pension savings fund;

19) organization and transfer to the unified pension savings fund of mandatory pension contributions withheld from social benefits at the expense of the Fund;

20) provision of information from information systems in the field of pension provision to the authorized government body and its departments;

21) return to the agent of compulsory pension contributions, compulsory pension contributions of the employer, compulsory professional pension contributions and (or) penalties of persons whose details contained errors;

22) return to the agent and (or) the State Corporation of compulsory pension contributions, compulsory pension contributions of the employer, compulsory professional pension contributions and (or) penalties from the unified accumulative pension fund at his request;

22-1) distribution and transfer of amounts paid by the operator of the Internet platform, determined by subparagraph 1) of paragraph 2 of Article 102 of this Code, to the Fund, the social health insurance fund, the unified accumulative pension fund and the corresponding budget at the location of the payer in the manner and cases determined by the authorized state body;

22-2) refund of erroneously (over) paid amounts of social contributions, mandatory pension contributions, mandatory employer pension contributions and (or) penalties for their late and (or) incomplete payment made by the operator of the Internet platform;

27) provision of information services to individuals and legal entities on the types of activities of the State Corporation, taking into account the requirements of the legislation of the Republic of Kazakhstan to ensure the safety of the secrecy of pension savings;

28) personalized accounting of participants in the compulsory social insurance system, their social contributions and social payments;

29) transfers of social contributions and (or) penalties for late and (or) incomplete payment of social contributions from payers, returns of excessively credited (paid) amounts of social payments and mandatory pension contributions withheld from them to the Fund no later than one business day following the day they were received into the account of the State Corporation;

30) return to the payer the amounts of social contributions paid for a participant in the compulsory social insurance system in the manner and in cases determined by the authorized state body;

31) ensuring refunds to payers of overpaid (erroneously) paid amounts of social contributions and (or) penalties for late and (or) incomplete payment of social contributions no later than one business day following the day the Fund’s funds are received into the account of the State Corporation, in the manner and in cases determined by the authorized state body;

32) submission to the state revenue body of registers of received and returned social contributions from payers;

33) providing information to payers about the status and movement of social contributions, as well as participants in the compulsory social insurance system about the amount of the assigned social payment or about the refusal to assign it in the manner determined by the authorized state body;

34) provision of statistical and other reporting information to the authorized government body;

35) exercise of other powers provided for by this Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

2. The State Corporation interacts and exchanges information with the Fund on issues of accounting and translation:

social contributions and penalties for late and (or) incomplete payment of social contributions;

refunds of overpaid (erroneously) paid amounts of social contributions and penalties on them;

social payments and mandatory pension contributions withheld from them;

refunds of excessively credited (paid) amounts of social benefits and mandatory pension contributions withheld from them.

2-1. The state corporation interacts and exchanges information with insurance organizations on issues of accounting and transfer of insurance payments under pre-retirement annuity insurance contracts.

3. The state corporation has the right to receive, in the manner established by the legislation of the Republic of Kazakhstan, budget funds for the provision of services provided for by this Code.

Prices for goods (work, services) produced and (or) sold by the State Corporation are established by an authorized state body, determined by a decision of the Government of the Republic of Kazakhstan from among the central government bodies, in agreement with the authorized state body and the antimonopoly body.

4. The state corporation is obliged:

receive and check the completeness of documents necessary for appointment, review of the decision on appointment (refusal to appoint), recalculation, suspension, renewal, termination of the state basic pension payment, old-age pension payments, benefits, social and other payments, create mock-ups of cases for appointment and transfer them to the authorized state body, the Fund;

2) notify the recipient of the need to return excessively credited (paid) amounts of social benefits;

3) provide equal conditions of service to applicants;

4) ensure timely and complete transfer to recipients of the state basic pension payment, old-age pension payments, long-service pension payments, benefits, social and other payments;

5) ensure the confidentiality of information about the status and movement of social contributions, social payments, professional payments at the expense of the employer, insurance payments under a pre-retirement annuity insurance agreement, except for cases provided for by the laws of the Republic of Kazakhstan;

6) carry out, suspend, resume and terminate social payments based on the decision of the Fund;

7) provide participants in the compulsory social insurance system with information on the status and movement of social contributions in the manner established by the authorized state body;

8) provide the necessary explanations on issues of compulsory social insurance;

9) when forming an electronic layout of the case for the assignment of social payments, do not take into account the amount of social contributions received from income declared illegal on the basis of judicial acts and acts of the pre-trial investigation body, paid for the period previously taken into account when determining the amount of social payments.

Article 18. Competence of local executive bodies of regions, cities of republican significance and the capital

Local executive bodies of regions, cities of republican significance, and the capital ensure the implementation of state policy in the field of social protection by:

analysis, forecasting demand and supply of labor in the region and cities of republican significance, the capital and informing the authorized government body;

2) approval and implementation of regional employment cards;

3) carrying out activities to promote employment of the population;

4) monitoring organizations with risks of job vacancies and reductions;

5) supporting job creation through the development of entrepreneurial initiative;

6) monitoring the provision of social assistance to the unemployed and job seekers;

7) establishing a quota of jobs for persons with disabilities in the amount of two to four percent of the number of jobs, excluding jobs in heavy work, work with harmful, dangerous working conditions;

8) approval of regulations on district (city) and regional commissions on employment issues;

9) monitoring the creation of jobs within the framework of national projects, development plans for regions, cities of republican significance, the capital, regional employment maps;

10) approval of the list of settlements for the voluntary resettlement of persons to increase labor mobility;

11) appointment and dismissal of the head of the labor mobility center;

12) interaction with individuals and legal entities and government bodies on the provision of special social services;

12-1) implementation:

control in the provision of special social services in the field of healthcare;

interaction with individuals and legal entities, authorized government bodies and other government bodies on the provision of special social services in the field of healthcare;

13) creation and activities of entities providing special social services under their jurisdiction;

14) provision by entities providing special social services of a guaranteed volume of special social services;

15) conducting an analysis of the population’s needs for special social services;

16) ensuring the conduct of statistical analysis, forecasting the needs of the population for special social services;

17) organizing staffing for entities providing special social services, professional training, retraining and advanced training of social workers;

18) taking measures to develop the system for providing special social services;

19) development and submission for approval to local representative bodies of regions (cities of republican significance and the capital) of a list and procedure for providing an over-guaranteed volume of special social services;

20) carrying out public procurement, as well as placing a state social order for the provision of special social services and services for assessing and determining the need for special social services;

21) creation of state institutions and enterprises providing rehabilitation of persons with disabilities;

22) providing additional measures of social assistance to persons with disabilities, provided for by the legislation of the Republic of Kazakhstan;

23) promoting the creation of organizations that carry out the rehabilitation of persons with disabilities;

24) organizing vocational training (retraining) of persons with disabilities in accordance with the legislation of the Republic of Kazakhstan;

25) organizing training, retraining and advanced training of specialists in the rehabilitation of persons with disabilities, including sign language specialists, specialists in reading and writing in embossed dot Braille;

26) organization in the relevant territory of medical, social, professional rehabilitation in accordance with this Code;

27) providing sanatorium and resort treatment for persons with disabilities and children with disabilities in accordance with an individual program;

28) providing persons with disabilities with technical auxiliary (compensatory) means and (or) special means of transportation in accordance with the individual program;

29) monitoring the characteristics of goods and (or) services declared by the supplier, provided to persons with disabilities through the social services portal, for compliance with the classifier of technical auxiliary (compensatory) means, special means of transportation and services provided to persons with disabilities;

30) organizing cultural, educational and other events together with public associations of persons with disabilities;

31) coordination of the provision of charitable and social assistance to persons with disabilities;

32) ensuring the activities of the regional coordinating council in the field of social protection of persons with disabilities;

33) provision:

monitoring the provision of special social services in the field of healthcare;

conducting an analysis of the population's needs for special social services in the field of healthcare;

34) coordination of the activities of healthcare organizations in the provision of special social services in the field of healthcare;

34-1) coordination of work to provide individuals (families) who find themselves in difficult life situations with comprehensive support within the competence of state bodies in the manner determined by the authorized state body;

34-3) reimbursement of the cost of services for transporting persons with disabilities by invataxi from the local budget according to the methodology for determining the guaranteed amount provided as compensation for the cost of goods and (or) services, services for transporting persons with disabilities by invataxi, purchased by persons with disabilities through the social services portal;

34-4) organizing services for transporting persons with disabilities by invataxi through the social services portal or in accordance with the legislation of the Republic of Kazakhstan on public procurement;

35) exercise, in the interests of local government, other powers assigned to local executive bodies of regions, cities of republican significance and the capital by the legislation of the Republic of Kazakhstan.

Article 19. Competence of local executive bodies of districts (cities of regional significance)

Local executive bodies of districts (cities of regional significance) ensure the implementation of state policy in the field of social protection by:

analysis, forecasting of demand and supply of labor in regions (cities of regional significance) and informing the local executive body of regions, cities of republican significance and the capital;

2) submitting proposals on measures to promote employment to the local executive bodies of the region, city of republican significance, capital;

3) implementation of a regional employment map and active measures to promote employment of the population;

4) monitoring the creation of jobs within the framework of national projects, development plans for the region, city of republican significance, capital, regional employment map;

5) supporting the creation of jobs in the district (city of regional significance) through the development of entrepreneurial initiative;

6) submitting proposals to the local executive bodies of the region, city of republican significance, and capital on the identification of settlements for the voluntary resettlement of persons in order to increase labor mobility;

7) monitoring organizations with risks of job vacancies and reductions;

8) interaction with labor mobility centers in order to promote employment of the population;

9) creation and activities of entities providing special social services under their jurisdiction;

10) provision by entities providing special social services of a guaranteed volume of special social services;

11) organizing staffing for entities providing special social services, professional training, retraining and advanced training of social workers;

12) conducting an analysis of the population’s needs for special social services;

13) carrying out public procurement, as well as placing a state social order for the provision of special social services and services for assessing and determining the need for special social services;

14) taking measures to develop the system for providing special social services;

15) interaction with individuals, legal entities and government bodies on the provision of special social services;

16) provision of social assistance and coordination in the provision of charitable assistance to persons with disabilities;

17) providing sanatorium and resort treatment for persons with disabilities and children with disabilities in accordance with an individual program;

18) providing persons with disabilities with technical auxiliary (compensatory) means and (or) special means of transportation in accordance with the individual program;

19) providing the services of an individual assistant for persons with disabilities of the first group who have difficulty moving, a sign language specialist for persons with hearing disabilities in accordance with the individual program;

20) providing additional measures of social assistance to persons with disabilities, provided for by the legislation of the Republic of Kazakhstan;

20-1) coordination of work to provide individuals (families) who find themselves in difficult life situations with comprehensive support within the competence of government bodies;

20-2) organizing services for transporting persons with disabilities by invataxi through the social services portal or in accordance with the legislation of the Republic of Kazakhstan on public procurement;

21) exercise, in the interests of local government, other powers assigned to local executive bodies of districts (cities of regional significance) by the legislation of the Republic of Kazakhstan.

Article 20. Competence of the labor mobility center

Labor Mobility Center:

analyzes and forecasts the demand and supply of labor, informs the population, local executive bodies and the Center for Human Resources Development about the state of the labor market in the region, cities of republican significance and the capital;

2) submits to the local executive body of the region, city of republican significance, capital on employment issues proposals on measures to promote employment and a draft regional employment map;

3) keeps records of job creation within the framework of national projects, development plans for the region, city of republican significance, capital, regional employment map of the region, city of republican significance, capital;

4) requests from the structural divisions of local executive bodies on education, educational organizations, training centers at organizations that have the right to educational activities that carry out vocational training, information about the employment of graduates, information about the professions (specialties) in which training is conducted, the number of specialists trained and planned for training and graduation in specific professions (specialties);

5) requests information from employers about the forecasted need for labor;

6) keeps records of vacancies posted by employers on the Electronic Labor Exchange about current vacancies and the forecast of jobs created in projects implemented within the framework of national projects and development plans for the region, city of republican significance and capital, as well as private sector initiatives;

7) implements active measures to promote employment;

8) interacts with local executive bodies of districts (cities of regional significance) on issues of promoting employment of persons receiving targeted social assistance;

9) interacts with employers to create special jobs for employing persons with disabilities;

10) carries out outsourcing of services in the field of employment of the population in the manner determined by the authorized state body;

11) monitors and controls the progress of the implementation of the agreement on outsourcing services in the field of employment;

12) registers applicants as job seekers and unemployed;

13) provides professional development and advanced training for employees of career centers;

14) provides other measures to promote employment in accordance with this Code and the laws of the Republic of Kazakhstan.

2. The Labor Mobility Center carries out its functions through career centers created in districts, cities of regional and republican significance, and the capital in the form of branches.

To ensure coverage of the population with measures to promote employment, the labor mobility center creates mobile (mobile) career centers.

When implementing its functions, the labor mobility center uses information and communication technologies, including the Electronic Labor Exchange.

The Labor Mobility Center provides applicants with free access to the Electronic Labor Exchange in self-service areas.

4. Financing of the activities of labor mobility centers is carried out in the manner established by the legislation of the Republic of Kazakhstan.

Article 21. Regional commission on employment issues

A regional commission on employment issues is created by the local executive body in the territory of the region (city of republican significance, capital) (hereinafter referred to as the regional commission).

2. The regional commission is formed from representatives of local representative and executive bodies of the region (city of republican significance, capital), territorial association of trade unions at the level of the region, city of republican significance, capital and regional chambers of entrepreneurs of the region, city of republican significance, capital, other interested government bodies and other organizations.

3. The regional commission coordinates the activities of government bodies and other organizations located in the region (city of republican significance, capital) on the implementation of the regional development plan in terms of employment, regional employment map and social assistance.

4. The activities of the regional commission are aimed at ensuring the effective implementation of measures to promote employment and developing proposals for their improvement in the region (city of republican significance, capital).

Article 22. District (city) commission on employment issues

The district (city) commission on employment issues (hereinafter referred to as the district (city) commission) is created by the local executive body on the territory of the district (city of regional significance).

2. The district (city) commission is formed from representatives of local representative and executive bodies of the district (city of regional significance), the territorial association of trade unions at the district, city level and branches of regional chambers of entrepreneurs in the districts of the relevant regions, cities of regional, republican significance, the capital, other interested government bodies and other organizations.

3. The district (city) commission coordinates the activities of government bodies and other organizations located in the territory of the district (city of regional significance), akims of cities of regional significance, villages, towns, rural districts on the implementation of the regional development plan in terms of employment, regional employment map and social assistance.

4. The activities of the district (city) commission are aimed at ensuring the effective implementation of measures to promote employment of the population and developing proposals for their improvement in the territory of the district (city of regional significance).

Article 23. Electronic labor exchange

Electronic labor exchange is an object of informatization, which is a unified digital employment platform for job seekers and employers, providing job search and assistance in personnel selection, provision of employment services in an electronic and proactive format, in accordance with this Code.

2. Support and system technical maintenance of the Electronic Labor Exchange is carried out by the Center for Human Resources Development.

Article 24. Digital family card

Note FROM! Paragraph 1 is amended by the Law of the Republic of Kazakhstan dated 01/09/2026 No. 256-VIII (shall be enforced six months after the date of its first official publication).

Digital family card – an analytical solution implemented on the information and communication platform of “electronic government”, which allows you to create and segment lists of families (individuals) according to their level of social well-being.

2. Information from the Digital Family Card is the basis for identifying persons (families) potentially in need of social protection measures, including the provision of proactive public services by government bodies and (or) organizations in accordance with this Code and (or) the current legislation of the Republic of Kazakhstan.

3. The methodology for determining the social well-being of a family (person) is developed and approved by the authorized state body in agreement with the authorized body in the field of informatization.

Article 25. Activities of the Fund

The Fund operates at the expense of the Fund's commission.

The Fund's commission interest rate is set annually, but not more than twice a year, by the authorized government body.

The maximum interest rate of the Fund's commission is established by the Government of the Republic of Kazakhstan at the proposal of the authorized government body.

The Fund's commission is collected from received social contributions, penalties for late and (or) incomplete payment of social contributions, investment income in the manner approved by the authorized government body.

The Fund's own funds are formed and consist of the Fund's authorized capital and commission fees.

The Foundation carries out the following activities:

accumulation of social contributions;

2) keeping records of social contributions, penalties for late and (or) incomplete payment of social contributions, refunds of overpaid (erroneously) paid social contributions and (or) penalties for late and (or) incomplete payment of social contributions, as well as investment income;

3) calculation (determination) of the amounts, assignment, implementation, suspension, recalculation, renewal, termination and revision of the decision on the assignment (refusal to assign) social benefits in the manner prescribed by this Code;

4) maintaining records of social payments and returns of excessively credited (paid) amounts of social payments;

5) conducting advisory and explanatory work on issues of compulsory social insurance;

6) creation and development of an information system in the field of compulsory social insurance.

Decisions on the creation, reorganization or liquidation of the Fund are made by the Government of the Republic of Kazakhstan in the manner prescribed by the laws of the Republic of Kazakhstan.

To the extent not regulated by this Code, the legislation of the Republic of Kazakhstan on joint stock companies is applied to the activities of the Fund.

Article 26. Rights and obligations of the Fund

The Foundation has the right:

engage in activities related to securities and other financial instruments in the manner established by this Code;

2) receive commissions to support the activities of the Fund;

3) request and receive information from subjects of the compulsory social insurance system necessary to ensure the activities of the Fund, except for cases provided for by the laws of the Republic of Kazakhstan;

4) open branches on the territory of the Republic of Kazakhstan;

5) check the accuracy of documents (information) necessary for the appointment, recalculation, suspension, renewal, termination and revision of the decision on the assignment (refusal to assign) social payments, by requesting government bodies, organizations, payers and applicants in the manner and within the time frame determined by the authorized government body;

6) review decisions made on the assignment (refusal to assign) social benefits in the manner and in cases determined by the authorized state body;

7) exercise other rights in accordance with this Code and the laws of the Republic of Kazakhstan.

2. The Foundation is obliged:

ensure timely transfer of funds for the State Corporation to make social payments;

2) carry out the return of overpaid (erroneously) amounts of social contributions and (or) penalties for late and (or) incomplete payment of social contributions to the payer, as well as ensure the return of excessively credited (paid) amounts of social payments and mandatory pension contributions withheld from them, in the manner and cases determined by the authorized state body;

3) when assigning a social payment, do not take into account the amount of social contributions received from income declared illegal on the basis of judicial acts and acts of the pre-trial investigation body, paid for the period previously taken into account when determining the amount of social payments;

4) place temporarily free funds of the Fund in financial instruments through the National Bank of the Republic of Kazakhstan;

5) ensure the audit of annual financial statements;

6) ensure an independent actuarial assessment of the financial stability of the compulsory social insurance system once every five years;

7) formulate draft decisions for recalculation, suspension, renewal and termination of social payments in the event of receiving information from the information systems of government bodies and organizations;

8) make decisions on the assignment, recalculation, suspension, renewal, termination or refusal to assign social benefits;

9) generate forecast data for calculating the need for social benefits;

10) provide daily financing to the State Corporation for the implementation of social payments on schedule;

11) provide the necessary explanations on the issues of assigning and receiving social benefits;

12) have an automated information system of the Fund in the form of software for accounting of the Fund’s assets, as well as ensure the safety and protection of information from unauthorized access;

13) have a backup center for storing information;

14) ensure the confidentiality of information on the amounts of social contributions and social payments received from information systems;

15) provide the State Corporation with information on the amounts of social contributions received from income declared illegal on the basis of judicial acts and acts of the pre-trial investigation body, in the manner established by the legislation of the Republic of Kazakhstan;

16) provide participants in the compulsory social insurance system with information on the status and movement of social contributions in the manner established by the authorized state body;

17) perform other duties in accordance with this Code and other laws of the Republic of Kazakhstan.

3. The Foundation has no right:

pledge the assets of the Fund;

2) engage in entrepreneurial and other activities not provided for by this Code.

Article 27. Rights and obligations of the payer

The payer has the right:

for the return of overpaid (erroneously) paid amounts of social contributions and (or) penalties for late and (or) incomplete payment of social contributions in the manner and in cases determined by the authorized state body;

2) request and receive free of charge the necessary information from the State Corporation about the paid amounts of social contributions and (or) penalties on them in the manner established by the legislation of the Republic of Kazakhstan;

3) to exercise other rights in accordance with this Code and other laws of the Republic of Kazakhstan.

2. The payer is obliged:

timely and in full pay social contributions and penalties for late and (or) incomplete payment of social contributions;

2) independently calculate and recalculate the amounts of social contributions, as well as calculate penalties in case of untimely and (or) incomplete payment of social contributions;

3) submit tax reporting to state revenue authorities in the manner and within the time limits established by the tax legislation of the Republic of Kazakhstan;

4) keep primary records of calculated and paid amounts of social contributions and (or) penalties for each participant in the compulsory social insurance system in accordance with the legislation of the Republic of Kazakhstan;

5) provide the participant in the compulsory social insurance system with information on the calculated amounts of social contributions to the Fund upon monthly notification of the components of the salary due to him for the corresponding period;

6) provide information (documents, information) at the request of the Fund, necessary for the assignment of social payments;

7) at the request of state revenue authorities, provide a list of participants in the compulsory social insurance system in whose favor arrears of social contributions are collected, in the manner established by Article 256 of this Code;

8) perform other duties in accordance with this Code and other laws of the Republic of Kazakhstan.

Article 28. Formation of the Fund’s assets

The assets of the Fund are formed from social contributions, penalties for late and (or) incomplete payment of social contributions, investment income, returns of over-credited (paid) amounts of social payments and other receipts to the Fund provided for by the legislation of the Republic of Kazakhstan, minus the Fund’s commission, funds allocated for social payments and return of overpaid (erroneously) paid amounts of social contributions and (or) penalties for late and (or) incomplete payment of social contributions.

2. The assets of the Fund may be used exclusively for the following purposes:

implementation of social payments in accordance with this Code;

2) placement through the National Bank of the Republic of Kazakhstan in financial instruments for investing assets, the list and limits of which are determined by the Government of the Republic of Kazakhstan;

3) return of overpaid (erroneously) paid amounts of social contributions and (or) penalties for late and (or) incomplete payment of social contributions, as well as amounts of other erroneously credited funds.

3. The assets of the Fund cannot be:

the subject of the pledge;

2) collected at the request of creditors;

3) the subject of seizure or other encumbrance of property;

4) collected by collection order for the obligations of the Fund and third parties;

5) transferred to trust management, except for the cases provided for in Article 30 of this Code;

6) the subject of ensuring the fulfillment of a tax obligation that was not fulfilled on time.

Article 29. Ensuring the safety of the Fund’s assets

The state guarantees the safety and intended use of the Fund’s assets.

2. The safety of the Fund’s assets is ensured through:

regulating the activities of the Fund by establishing appropriate norms and limits to ensure its financial stability, established by the Government of the Republic of Kazakhstan;

2) carrying out investment activities through the National Bank of the Republic of Kazakhstan;

3) accounting for all operations on investment management of the Fund’s assets in the National Bank of the Republic of Kazakhstan;

4) maintaining separate records of the Fund’s own funds and assets;

5) introducing restrictions on expenses to support the activities of the Fund;

6) the obligation to conduct an annual audit;

7) regular financial reporting of the Fund. The list, forms, deadlines for submission of financial and other reports by the Fund are determined by the authorized government body;

8) determination by the Government of the Republic of Kazakhstan of the list and limits of financial instruments for investing the Fund’s assets;

9) establishing requirements for diversification and risk reduction when placing the Fund’s assets in the investment declaration approved by the Economic Policy Council;

10) establishing requirements for the Fund’s management employees in accordance with this Code.

Article 30. Procedure for managing the Fund’s assets

Trust management of the Fund’s assets is carried out by the National Bank of the Republic of Kazakhstan on the basis of an investment declaration approved by the Economic Policy Council and an agreement concluded between the Fund and the National Bank of the Republic of Kazakhstan.

2. The National Bank of the Republic of Kazakhstan allocates the Fund’s assets in accordance with the list and limits of financial instruments for investing the Fund’s assets, determined by the Government of the Republic of Kazakhstan.

3. The National Bank of the Republic of Kazakhstan keeps records of all operations on the accumulation and placement of the Fund’s assets, receipt of investment income and submits a quarterly report to the Fund on the status of its accounts and investment activities with the Fund’s assets in accordance with the concluded agreement.

Article 31. Accounting and reporting of the Fund

The Fund maintains accounting records and presents financial statements separately for its own funds and assets of the Fund in the manner established by the legislation of the Republic of Kazakhstan.

2. The Fund is obliged to ensure accounting and storage of documents used in accounting and reporting. The list of main documents to be stored and the periods of their storage are established by the legislation of the Republic of Kazakhstan.

Article 32. Audit of the Fund

An audit of the Fund’s annual financial statements is carried out by audit organizations authorized to conduct an audit in accordance with the legislation of the Republic of Kazakhstan on auditing activities.

2. The audit report does not constitute a commercial secret.

3. Based on the results of the mandatory audit of the Fund’s annual financial statements, the auditing organization prepares two audit reports on:

the Foundation’s own funds;

2) the assets of the Fund.

4. Expenses for the mandatory audit of the Fund’s annual financial statements are carried out at the expense of the Fund’s own funds.

Article 33. Requirements for management employees of the Fund

The leading employees of the Fund are the first head of the executive body and his deputies, the chief accountant.

2. The following requirements are established for the Fund’s management employees:

for the first head of the executive body and his deputies:

education – higher professional (legal, financial, economic);

at least six years of work experience in senior positions in the field of social protection of the population;

2) for the chief accountant:

education – higher professional (financial, economic);

at least five years of work experience in the field of financial and accounting work in management positions.

3. A person cannot be appointed as a manager of the Fund:

does not have an impeccable business reputation.

2) previously was the first head, deputy first head, chief accountant of a legal entity that was declared bankrupt or subjected to reorganization, conservation, forced liquidation during the period that this person was in the position of first head, deputy first head, chief accountant of this legal entity;

3) recognized in the manner prescribed by law as incapacitated or partially capable;

4) in respect of whom there is a court conviction that has entered into legal force for committing a corruption crime or who has been exempted from criminal liability for committing a corruption crime on the basis of paragraphs 3), 4), 9), 10) and 12) of part one of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan;

5) on whom an administrative penalty was imposed for committing a corruption administrative offense within three years before the date of appointment.

Chapter 5. UNIFIED ACCUMULATION PENSION FUND

Article 34. Organization of activities of the unified pension savings fund

The unified pension savings fund is created in the form of a joint-stock company and is a non-profit organization.

2. The name of the unified accumulative pension fund must contain the words “unified accumulative pension fund”.

It is allowed to abbreviate the name of the unified accumulative pension fund using the abbreviation “UPF” in the name.

3. Legal entities, with the exception of the unified accumulative pension fund, are prohibited from using in their name the words “unified accumulative pension fund” in full and abbreviated form in any language.

4. The sole shareholder of the unified pension savings fund is the Government of the Republic of Kazakhstan.

The Government of the Republic of Kazakhstan makes a decision on the creation, reorganization or liquidation of a unified pension savings fund in the manner prescribed by the laws of the Republic of Kazakhstan.

5. Trust management of shares of the unified accumulative pension fund owned by the Government of the Republic of Kazakhstan is carried out by the National Bank of the Republic of Kazakhstan.

6. The bodies of the unified accumulative pension fund, their functions and powers, the procedure for forming and making decisions by them are determined by this Code, the Government of the Republic of Kazakhstan, the charter and internal documents of the unified accumulative pension fund.

The board of directors of the unified accumulative pension fund on a permanent basis with voting rights includes representatives of the National Bank of the Republic of Kazakhstan and the authorized government body.

7. The Unified Accumulative Pension Fund attracts mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions, voluntary pension contributions, as well as enrollment and accounting of voluntary pension contributions formed from the unclaimed amount of guarantee compensation for a guaranteed deposit, transferred by the organization carrying out mandatory guarantee of deposits, in accordance with the Law of the Republic of Kazakhstan "On Mandatory Guarantee deposits placed in second-tier banks of the Republic of Kazakhstan" and ensures the implementation of pension payments.

Other persons are prohibited from attracting mandatory pension contributions, mandatory pension contributions from the employer, mandatory professional pension contributions, as well as the enrollment and accounting of voluntary pension contributions formed from the unclaimed amount of guarantee compensation for a guaranteed deposit, transferred by the organization providing mandatory guarantee of deposits, in accordance with the Law of the Republic of Kazakhstan “On mandatory guarantee of deposits placed in second-tier banks of the Republic of Kazakhstan”.

The Unified Accumulative Pension Fund carries out accounting of target assets and target requirements, accounting and crediting of target savings to target savings accounts, payments of target savings to the recipient of target savings from the target savings account to the bank accounts of recipients of target savings intended for crediting payments of target savings, accounting for returns of target savings in the manner determined by the Government of the Republic of Kazakhstan.

The Unified Accumulative Pension Fund transfers the target savings of the recipient of target savings from target savings accounts that were not used within ten years after the recipient reached the age of eighteen years of target savings to an individual pension account for accounting for voluntary pension contributions.

In the event of death or the entry into force of a court decision declaring deceased a participant in target claims or a recipient of target savings who has target savings in a unified pension fund, such target savings are inherited in the manner established by the laws of the Republic of Kazakhstan.

8. The rules for carrying out the activities of the unified pension savings fund are approved by the authorized body for regulation, control and supervision of the financial market and financial organizations.

Article 35. Rights and obligations of the unified pension savings fund

The Unified Accumulative Pension Fund has the right:

attract voluntary pension contributions;

2) receive a commission for their activities;

3) on issues related to pension provision, represent the interests of the contributor of compulsory pension contributions, an individual for whom compulsory professional pension contributions, voluntary pension contributions are transferred, the recipient of pension payments in court in the manner prescribed by the legislation of the Republic of Kazakhstan;

4) rent out property;

5) open branches and representative offices;

6) receive investment income as a result of investing your own assets;

7) provide pension services through the procedure of biometric identification or other identification means in the manner determined by the internal document of the unified pension savings fund;

8) exercise other rights in accordance with agreements on trust management of pension assets and custodial agreements.

2. The Unified Accumulative Pension Fund is obliged to:

attract mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions;

2) carry out enrollment and accounting of voluntary pension contributions formed at the expense of the unclaimed amount of guarantee compensation for a guaranteed deposit, transferred by the organization providing mandatory guarantee of deposits, in accordance with the Law of the Republic of Kazakhstan “On mandatory guarantee of deposits placed in second-tier banks of the Republic of Kazakhstan”;

3) make pension payments to recipients of pension payments and (or) an authorized operator in the manner established by the Government of the Republic of Kazakhstan;

4) carry out individual accounting of pension savings, including those in trust management of the investment portfolio manager, in the manner determined by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations, and payments;

5) provide, without charging a fee, information to the individual in whose name an individual pension account is opened, taking into account the provisions provided for in Article 55 of this Code:

on the state of pension savings at his request as of any requested date from the date of opening an individual pension account in a unified pension savings fund, including taking into account the provisions of paragraph 5 of Article 262 of this Code;

on the amount of pension savings from mandatory pension contributions available for making one-time pension payments;

on the amount of pension savings from mandatory pension contributions, mandatory professional pension contributions, voluntary pension contributions, available for transfer to trust management of the investment portfolio manager.

The method for providing the specified information on the state of pension savings by the unified pension savings fund is determined by the internal documents of the unified pension savings fund;

6) interact with the State Corporation on issues of accounting, transfer, return, termination of pension payments in the manner determined by the Government of the Republic of Kazakhstan;

7) interact with the authorized operator on issues of accounting, transfer, payment and return of one-time pension payments in the manner determined by the Government of the Republic of Kazakhstan;

8) interact with the organization that carries out mandatory guarantee of deposits, in the manner established by the agreement concluded between the unified accumulative pension fund and the organization that carries out mandatory guarantee of deposits;

9) publish on its own Internet resource information about the structure of the investment portfolio of the unified accumulative pension fund at the expense of pension assets in the manner and within the time limits established by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations;

10) disclose information about investment portfolio managers, including a list of investment portfolio managers with whom the unified accumulative pension fund has entered into agreements on trust management of pension assets, in the manner and volume established by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations;

11) annually, no later than five working days after the official publication of the law on the republican budget for the next financial year, publish in the media by publishing in at least two printed publications in the Kazakh and Russian languages, as well as on its own Internet resource, the thresholds for the minimum adequacy of pension savings, calculated and valid for the coming year;

12) provide free consulting services to contributors of compulsory pension contributions, individuals for whom compulsory professional pension contributions are transferred, voluntary pension contributions (recipients of pension payments), on the functioning of the pension system and investment portfolio management activities;

13) ensure the confidentiality of information about the state of pension savings of the contributor of compulsory pension contributions, an individual for whom compulsory professional pension contributions, voluntary pension contributions are transferred (recipient of pension payments);

14) bear responsibility for violation of the norms of this Code in accordance with the laws of the Republic of Kazakhstan;

15) transfer the pension savings of the contributor of mandatory pension contributions, an individual for whom mandatory professional pension contributions, voluntary pension contributions (recipient of pension payments) are transferred, to an insurance organization in the manner prescribed by this Code and the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations;

16) transfer pension assets into trust management to the investment portfolio manager in the manner prescribed by this Code and the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations;

17) transfer pension assets from the trust management of the investment portfolio manager to the trust management of the National Bank of the Republic of Kazakhstan in the manner prescribed by this Code and the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations;

18) enter into an agreement on trust management of pension assets with the National Bank of the Republic of Kazakhstan;

19) enter into an agreement on trust management of pension assets with the investment portfolio manager, as well as a custodial agreement with the investment portfolio manager and the custodian bank;

20) transfer the pension savings of an individual for whom voluntary pension contributions are transferred (recipient of pension payments), at the expense of voluntary pension contributions to a voluntary savings pension fund in the manner prescribed by this Code and the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations;

21) publish in the media and post on its own Internet resource financial statements and audit reports in the manner and within the time limits established by the authorized body for regulation, control and supervision of the financial market and financial organizations and the legislation of the Republic of Kazakhstan on accounting and financial reporting, other reporting and information about its activities in the manner determined by the authorized body for regulation, control and supervision of the financial market and financial organizations. At the same time, it is not allowed to publish information containing guarantees or promises of income from contributions to the unified accumulative pension fund, as well as other information prohibited by the legislation of the Republic of Kazakhstan;

22) submit an annual report on the activities of the unified accumulative pension fund for consideration by the Council for Management of the National Fund of the Republic of Kazakhstan;

23) ensure equal conditions for all contributors of compulsory pension contributions, individuals for whom compulsory pension contributions of the employer, compulsory professional pension contributions, voluntary pension contributions (recipients of pension payments) are transferred;

24) exchange data on pension annuity contracts with the organization for the formation and maintenance of an insurance database in the manner and within the time frame determined by the authorized body for regulation, control and supervision of the financial market and financial organizations;

25) interact with the organization on the formation and maintenance of an insurance database in the manner determined by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations;

26) use certified equipment and software in their activities;

27) have a backup center for storing information;

28) conduct an audit of software and hardware, including information, communication systems and technologies used by the unified accumulative pension fund in its activities, at least once every three years;

29) provide the individual in whose name a conditional pension account is opened with information about the employer’s mandatory pension contributions without charging a fee.

The method of providing the specified information by the unified accumulative pension fund is determined by the internal documents of the unified accumulative pension fund.

30) carry out other duties provided for by the Law of the Republic of Kazakhstan “On the rights of the child in the Republic of Kazakhstan”.

3. In order to protect the rights and interests of contributors of compulsory pension contributions, individuals for whom compulsory pension contributions of the employer are transferred, compulsory professional pension contributions, voluntary pension contributions (recipients of pension payments), the unified accumulative pension fund is prohibited from:

carrying out other business activities, with the exception of the types of activities provided for by this Code;

2) use of pension assets for purposes not provided for by the legislation of the Republic of Kazakhstan;

3) providing, at the expense of the unified accumulative pension fund’s own assets, financial assistance on a free basis, with the exception of financial assistance to its employees in an amount not exceeding 100 times the monthly calculation index established for the corresponding financial year by the law on the republican budget;

4) pledge of pension assets, with the exception of cases of posting margin or other security when concluding transactions with financial instruments on organized and unorganized securities markets;

5) pledge of own assets, with the exception of cases of posting margin or other security when concluding transactions with financial instruments on organized and unorganized securities markets, as well as security when participating in tenders and (or) competitions;

6) issue of securities, except shares;

7) raising borrowed funds;

8) provision of loans by any means, with the exception of the acquisition of financial instruments permitted for acquisition at the expense of pension assets of the unified accumulative pension fund, as well as carrying out operations to provide loans with securities secured;

9) issuance of sureties and guarantees of any kind;

10) engaging to perform the duties specified in subparagraph 12) of paragraph 2 of this article, persons with whom the unified accumulative pension fund has not concluded an employment contract or an agreement with the National Postal Operator;

11) participation in the creation and activities of legal entities, except for cases established by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

The requirements of this paragraph do not apply to repo transactions with securities carried out at the expense of pension assets and (or) the own assets of the unified pension savings fund.

Article 36. The procedure for managing the pension assets of the unified accumulative pension fund by the National Bank of the Republic of Kazakhstan. Investment Declaration of the Unified Accumulative Pension Fund

Trust management of pension assets of the unified accumulative pension fund is carried out by the National Bank of the Republic of Kazakhstan on the basis of a trust management agreement concluded between the National Bank of the Republic of Kazakhstan and the unified accumulative pension fund.

2. The National Bank of the Republic of Kazakhstan develops a list of financial instruments allowed for acquisition at the expense of pension assets of the unified accumulative pension fund, which is approved by the Government of the Republic of Kazakhstan, and also develops and approves the investment declaration of the unified accumulative pension fund.

3. The National Bank of the Republic of Kazakhstan may instruct another person to perform the actions necessary to manage the pension assets entrusted to it, in accordance with the agreement on investment management of assets and this Code. In this case, the trustee is responsible for the actions of the attorney he has chosen as for his own.

4. The functions of the Council for Management of the National Fund of the Republic of Kazakhstan in terms of managing pension assets of the unified accumulative pension fund are:

development of proposals to improve management efficiency;

2) consideration and development of proposals on areas of investment;

3) development of proposals to determine the list of financial instruments allowed for acquisition at the expense of pension assets of the unified pension savings fund;

4) consideration of the annual report on the activities of the unified pension savings fund.

5. The investment declaration of the unified accumulative pension fund is drawn up taking into account the list of financial instruments allowed for acquisition at the expense of the pension assets of the unified accumulative pension fund.

Article 37. Procedure for managing pension assets held in trust by an investment portfolio manager, as well as storing and accounting for pension assets held in trust by an investment portfolio manager

Trust management of pension assets by an investment portfolio manager is carried out on the basis of an agreement on trust management of pension assets concluded between a unified accumulative pension fund and the investment portfolio manager (hereinafter referred to as the agreement on trust management of pension assets).

2. The Unified Accumulative Pension Fund enters into an agreement on trust management of pension assets with an investment portfolio manager and, within one business day after concluding an agreement on trust management of pension assets, posts on its Internet resource information about such an investment portfolio manager in accordance with subparagraph 10) of paragraph 2 of Article 35 of this Code.

3. The standard form of an agreement on trust management of pension assets is established by a regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

The agreement on trust management of pension assets comes into force from the date of receipt of pension assets to the accounts in the custodian bank specified in paragraph 11 of this article.

4. The investment portfolio manager, in the event of a negative difference between the nominal return on pension assets received by the investment portfolio manager and the minimum value of the return on pension assets, calculated in accordance with the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations in agreement with the National Bank of the Republic of Kazakhstan, compensates the unified accumulative pension fund for this negative difference at the expense of its own capital in the manner and within the time limits established by a regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations in agreement with the National Bank of the Republic of Kazakhstan, for the subsequent transfer of this amount to individual pension accounts of contributors of mandatory pension contributions, individuals for whom mandatory professional pension contributions were transferred, whose pension savings were in trust management of this investment portfolio manager as of the end of the year preceding the year in which the compensation is made.

5. The Unified Accumulative Pension Fund transfers pension assets to the trust management of the investment portfolio manager, subject to the simultaneous fulfillment of the following conditions:

availability of a written application from the contributor of compulsory pension contributions, an individual for whom compulsory professional pension contributions, voluntary pension contributions are transferred, on (about) the selection (change) of the investment portfolio manager in the form and with the attachment of documents that are established by the internal documents of the unified savings pension fund;

2) the existence of an agreement on trust management of pension assets, as well as a custodial agreement concluded between a unified pension savings fund, an investment portfolio manager and a custodian bank;

3) pension savings of the contributor of compulsory pension contributions, an individual for whom compulsory professional pension contributions are transferred, subject to transfer to trust management of the investment portfolio manager:

do not exceed fifty percent of the amount of pension savings on the individual pension account of the contributor of compulsory pension contributions, an individual for whom compulsory professional pension contributions are transferred, as of the date of receipt of this person’s application for (on) selection (change) of the investment portfolio manager.

Upon subsequent transfer to trust management of the investment portfolio manager, the volume of pension savings is determined taking into account previously transferred pension savings, taking into account the investment income of the investment portfolio manager (the application is submitted no more than once a year from the date of transfer of pension savings to trust management to the investment portfolio manager);

do not exceed the amount of pension savings due to mandatory pension contributions and (or) mandatory professional pension contributions on their individual pension accounts if there is a concluded pension annuity agreement with an insurance organization;

4) pension savings formed from voluntary pension contributions, subject to transfer to trust management of the investment portfolio manager, do not exceed the available pension savings in the individual pension account for accounting for voluntary pension contributions;

5) the investment portfolio manager specified in the application of the investor of compulsory pension contributions, the individual for whom compulsory professional pension contributions, voluntary pension contributions are transferred, complies with the requirements established by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

6. The Unified Accumulative Pension Fund transfers pension assets into trust management to the investment portfolio manager within thirty calendar days after the date of receipt of the application specified in subparagraph 1) of paragraph 5 of this article, in an amount corresponding to the amount of pension savings specified in this application, taking into account the restrictions established by subparagraphs 3) and 4) of paragraph 5 of this article.

In cases of failure to comply with the conditions specified in part one of this paragraph and (or) the submission of an incomplete package of documents, the unified accumulative pension fund, within five working days after the date of receipt of the application specified in subparagraph 1) of paragraph 5 of this article, refuses to transfer pension assets to the trust management of the investment portfolio manager.

7. The investment portfolio manager does not have the right to transfer pension assets held in his trust management to another person for trust management.

8. The agreement on trust management of pension assets is terminated:

if the investment portfolio manager fails to eliminate the grounds for applying supervisory response measures within the time limits established by the authorized body for regulation, control and supervision of the financial market and financial organizations;

2) in case of non-compliance of the investment portfolio manager with the requirements established by the authorized body for regulation, control and supervision of the financial market and financial organizations for the management of pension assets in accordance with subparagraph 7) of Article 15 of this Code (in case of exclusion of the investment portfolio manager from the register of investment portfolio managers who meet the requirements of the authorized body for regulation, control and supervision of the financial market and financial organizations for the management of pension assets);

3) at the initiative of the investment portfolio manager, provided that he does not have pension assets and liabilities for them in trust management;

4) in case of suspension or deprivation of the license of the custodian bank that stores and records pension assets held in trust by the investment portfolio manager, and failure to conclude a new custodian agreement with another custodian bank within ten calendar days after the date of suspension or deprivation of the custodian bank’s license.

9. Upon termination of the agreement on trust management of pension assets, the investment portfolio manager, in the manner and within the time limits established by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations in agreement with the National Bank of the Republic of Kazakhstan, carries out procedures for transferring pension assets to trust management of the National Bank of the Republic of Kazakhstan.

10. The norms of the legislation of the Republic of Kazakhstan on the securities market are applied to investment portfolio managers to the extent that does not contradict this Code.

11. Pension assets held in trust by the investment portfolio manager are stored and accounted for in the accounts of the unified pension savings fund in the custodian bank, which is selected by the investment portfolio manager.

Storage and accounting of pension assets transferred for investment management to one investment portfolio manager must be carried out by one custodian bank.

The standard form of a custodial agreement concluded between a unified pension savings fund, an investment portfolio manager and a custodian bank is established by a regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

The specifics of storage and accounting of pension assets held in trust by the investment portfolio manager are established by the legislation of the Republic of Kazakhstan on the securities market.

12. The list of financial instruments permitted for acquisition at the expense of pension assets held in trust by the investment portfolio manager is approved by the authorized body for regulation, control and supervision of the financial market and financial organizations.

Article 38. Agreements on pension provision at the expense of compulsory pension contributions, compulsory professional pension contributions of the contributor (recipient) with the unified accumulative pension fund and conditional pension accounts

Agreements on pension provision at the expense of mandatory pension contributions, mandatory professional pension contributions, which establish the rights, obligations, responsibilities and other legal relations of the unified accumulative pension fund and contributors of obligatory pension contributions, individuals for whom obligatory professional pension contributions are transferred (recipients of pension payments), are agreements of accession, are developed by the unified accumulative pension fund on the basis of this Code, are approved by the internal document of the unified accumulative pension fund and are posted on the Internet resource of the unified accumulative pension fund.

2. The opening of an individual pension account in the unified pension savings fund to account for mandatory pension contributions, mandatory professional pension contributions is carried out on the basis of lists of individuals submitted by agents to the unified pension savings fund when transferring mandatory pension contributions, mandatory professional pension contributions or penalties in the manner determined by the Government of the Republic of Kazakhstan.

At the same time, information about citizenship, status, legal capacity, details of a valid identification document, registration at the place of residence in the Republic of Kazakhstan, telephone number of a cellular subscriber device registered on the “electronic government” web portal, and other information about an individual, if available, necessary for the implementation of the functions of the unified accumulative pension fund provided for by the legislation of the Republic of Kazakhstan, the unified accumulative pension fund receives from the relevant information systems of government bodies.

The depositor of compulsory pension contributions, the agent and the individual for whom compulsory professional pension contributions are transferred are considered to have acceded to the pension agreement at the expense of compulsory pension contributions, compulsory professional pension contributions from the date of enrollment of compulsory pension contributions, compulsory professional pension contributions or penalties on an open individual pension account for accounting for compulsory pension contributions, compulsory professional pension contributions. In this case, the consent of the legal representative of a minor is not required to join the agreement on pension provision at the expense of mandatory pension contributions.

3. If an individual has an open individual pension account in the unified accumulative pension fund for accounting for mandatory professional pension contributions, the re-opening of an individual pension account intended for accounting for mandatory professional pension contributions is not carried out.

In this case, an agent who has paid compulsory professional pension contributions in favor of an individual is considered to have acceded to the pension agreement at the expense of compulsory professional pension contributions from the date of crediting compulsory professional pension contributions or penalties to a previously opened individual pension account for accounting for compulsory professional pension contributions.

4. The opening of conditional pension accounts in the unified pension savings fund to account for the employer’s mandatory pension contributions is carried out on the basis of a list of individuals submitted by the agent to the unified pension savings fund when transferring the employer’s mandatory pension contributions in the manner established by the internal rules of the unified pension savings fund.

If there is a conditional pension account in the unified accumulative pension fund opened in the name of an individual, the employer’s mandatory pension contributions are transferred to a previously opened conditional pension account.

Article 39. Storage and accounting of pension assets of the unified accumulative pension fund, which are in trust management of the National Bank of the Republic of Kazakhstan

Pension assets of the unified accumulative pension fund are stored and accounted for in accounts with the National Bank of the Republic of Kazakhstan in accordance with the custodial agreement concluded between the National Bank of the Republic of Kazakhstan and the unified accumulative pension fund.

2. The National Bank of the Republic of Kazakhstan, for the purpose of accounting and storage of pension assets of the unified accumulative pension fund, has the right to open accounts with foreign custodians.

3. The National Bank of the Republic of Kazakhstan exercises control over the targeted placement of pension assets of the unified accumulative pension fund in the manner established by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

4. The National Bank of the Republic of Kazakhstan keeps records of all operations for the accumulation of pension assets, their placement, and receipt of investment income in the manner established by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations, and monthly informs the unified pension savings fund about the status of its accounts.

Article 40. Rights and obligations of contributors of compulsory pension contributions, individuals for whom compulsory pension contributions have been made, mandatory employer pension contributions, compulsory professional pension contributions, voluntary pension contributions, recipients of pension payments and agents are listed

Contributors to compulsory pension contributions, individuals for whom compulsory pension contributions by the employer are transferred, compulsory professional pension contributions, voluntary pension contributions, recipients of pension payments from the unified accumulative pension fund have the right:

receive information about the state of your pension savings on any requested date from the date of opening an individual pension account through the personal account of the Internet resource of the unified pension savings fund and (or) the “electronic government” web portal, as well as when personally contacting the unified pension savings fund without charging a fee, taking into account the provisions provided for in Article 55 and paragraph 5 of Article 262 of this Code, as well as change the method of obtaining information about the state of pension savings from the unified accumulative pension fund in the manner prescribed by the internal documents of the unified accumulative pension fund;

2) receive information about pension savings from mandatory pension contributions available for making one-time pension payments;

3) receive information about the amount of pension savings available for transfer to trust management of the investment portfolio manager;

4) receive information about the employer’s mandatory pension contributions;

5) appeal, in the manner established by the laws of the Republic of Kazakhstan, decisions, actions (inaction) of the unified pension savings fund;

6) receive pension payments from the unified accumulative pension fund in the manner established by the legislation of the Republic of Kazakhstan at the time of making pension payments;

7) bequeath their pension savings in accordance with the legislation of the Republic of Kazakhstan;

8) submit to the unified accumulative pension fund an application for the selection of an investment portfolio manager to transfer pension savings to him in trust in the amount provided for in subparagraph 3) of paragraph 5 of Article 37 of this Code, in the manner determined by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations;

9) submit to the unified accumulative pension fund an application to change the investment portfolio manager for the transfer of their pension savings into trust management from one investment portfolio manager to another investment portfolio manager (no earlier than one year from the date of transfer of pension savings into trust management to the investment portfolio manager);

10) submit to the unified pension savings fund an application for the return of pension savings held in trust by the investment portfolio manager to the trust management of the National Bank of the Republic of Kazakhstan (no earlier than one year from the date of transfer of pension savings into trust management by the investment portfolio manager).

If pension savings were transferred several times into trust management to the same investment portfolio manager in accordance with the application for the selection of an investment portfolio manager, then the return of pension savings to trust management to the National Bank of the Republic of Kazakhstan is carried out no earlier than one year from the date of the initial transfer of pension savings to trust management;

11) receive from the unified pension savings fund information about investment portfolio managers and other information provided for by the internal documents of the unified pension savings fund;

12) enter into a pension annuity agreement with an insurance organization at the expense of their pension savings;

13) submit to the unified pension savings fund an application for the selection of an investment portfolio manager to transfer to him in trust management pension savings formed through voluntary pension contributions in an amount not exceeding the actual amount of pension savings on an individual pension account for accounting for voluntary pension contributions;

14) exercise other rights in accordance with the legislation of the Republic of Kazakhstan.

2. Contributors to mandatory pension contributions, individuals for whom mandatory employer pension contributions, mandatory professional pension contributions have been paid, and recipients of pension payments from the unified pension savings fund are obliged to:

in the manner established by the Government of the Republic of Kazakhstan, report to the unified accumulative pension fund or the State Corporation about all changes affecting the fulfillment of the obligations of the unified accumulative pension fund when making pension payments, within ten calendar days from the date of such changes;

2) fulfill other obligations in accordance with the legislation of the Republic of Kazakhstan.

3. If the individual for whom the employer’s mandatory pension contributions are transferred does not have the conditions provided for in paragraph 1 of Article 222 of this Code, the funds accounted for in the conditional pension account are directed to reserve funds formed in accordance with paragraph 4 of Article 57 of this Code.

4. Agents have the right to receive confirmation from the State Corporation that the employee has an individual pension account in the manner determined by the Government of the Republic of Kazakhstan.

5. Agents are obliged to:

timely calculate, withhold (accrue) and pay mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions to the unified pension savings fund;

2) submit to the state revenue authorities lists of individuals in whose favor debts on mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions are being collected, within the period established by paragraph 5 of Article 256 of this Code;

3) keep primary records of calculated, withheld (accrued) and transferred mandatory pension contributions, mandatory pension contributions of the employer, mandatory professional pension contributions for each employee in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

4) provide contributors of compulsory pension contributions and employees in whose favor compulsory pension contributions of the employer, compulsory professional pension contributions are paid, information on the calculated and withheld (accrued) amounts of compulsory pension contributions, compulsory pension contributions of the employer, compulsory professional pension contributions to the unified accumulative pension fund upon monthly notification of the components of wages, due to them for the relevant period.

Article 41. Agreement on pension provision at the expense of voluntary pension contributions of the contributor of voluntary pension contributions (recipient of pension payments) with the unified pension savings fund

Agreements on pension provision through voluntary pension contributions establish the rights, obligations, responsibilities and other legal relations of the unified pension savings fund and contributors of voluntary pension contributions (recipients of pension payments).

The procedure for concluding and the standard form of an agreement on pension provision through voluntary pension contributions are determined by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

2. The opening of an individual pension account in the unified pension savings fund to account for voluntary pension contributions is carried out on the basis of lists of individuals submitted by agents to the unified pension savings fund when transferring voluntary pension contributions in the manner determined by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

3. The opening of an individual pension account in the unified accumulative pension fund for accounting for voluntary pension contributions is carried out on the basis of an initial contribution received into the unified accumulative pension fund from an individual in his own favor or in favor of a third party when transferring voluntary pension contributions in the manner determined by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

4. The contributor of voluntary pension contributions (recipient of pension payments) is considered to have acceded to the pension agreement at the expense of voluntary pension contributions from the date of receipt of the amount of the voluntary pension contribution.

In this case, the consent of the legal representative of a minor is not required to join the agreement on pension provision through voluntary pension contributions.

Advertisement an agreement concluded between the unified accumulative pension fund and the organization providing mandatory guarantee of deposits, in accordance with the Law of the Republic of Kazakhstan “On mandatory guarantee of deposits placed in second-tier banks of the Republic of Kazakhstan”.

Chapter 6. VOLUNTARY ACCUMULATIVE PENSION FUNDS

Article 42. Organization of activities of a voluntary savings pension fund

A voluntary savings pension fund is created in the form of a joint-stock company.

A voluntary savings pension fund operates on the basis of a license to manage an investment portfolio with the right to attract voluntary pension contributions, issued by the authorized body for regulation, control and supervision of the financial market and financial organizations, and attracts voluntary pension contributions in the manner and under the conditions established by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations and the agreement on pension provision through voluntary pension contributions.

2. The founders and (or) shareholders of a voluntary accumulative pension fund can be individuals - residents of the Republic of Kazakhstan, legal entities.

A voluntary savings pension fund cannot act as a founder or shareholder of another voluntary savings pension fund.

3. The name of the voluntary savings pension fund must contain the words “voluntary savings pension fund”.

It is allowed to abbreviate the name of a voluntary savings pension fund using the abbreviation “DNPF” in the name.

Legal entities, with the exception of the voluntary savings pension fund, are prohibited from using in their name the words “voluntary savings pension fund” in full and abbreviated form in any language.

4. The rules for carrying out the activities of a voluntary savings pension fund are approved by the authorized body for regulation, control and supervision of the financial market and financial organizations.

Article 43. Rights and obligations of voluntary savings pension funds

Voluntary savings pension funds have the right:

attract voluntary pension contributions;

2) receive a commission for their activities;

3) on issues related to pension provision, represent the interests of the investor (recipient) upon his written request in court in the manner prescribed by the legislation of the Republic of Kazakhstan;

4) rent out your own property;

5) manage the pension assets of the unified accumulative pension fund in accordance with the agreement on investment management of assets concluded with the National Bank of the Republic of Kazakhstan;

6) independently carry out brokerage and (or) dealer activities in the securities market without the right to maintain client accounts as a nominee holder on the basis of a license issued by the authorized body for regulation, control and supervision of the financial market and financial organizations;

7) provide pension services through the biometric identification procedure in the manner determined by the internal document of the voluntary savings pension fund;

8) exercise other rights in accordance with the legislation of the Republic of Kazakhstan and the terms of the agreement on pension provision through voluntary pension contributions.

2. Voluntary savings pension funds are obliged to:

make pension payments to recipients in the manner established by the agreement on pension provision at the expense of voluntary pension contributions;

2) carry out individual accounting of pension savings and payments;

3) provide the contributor (recipient) with information about the state of his pension savings in the manner prescribed by the agreement on pension provision through voluntary pension contributions, and provide electronic and other means of access to information about his pension savings, taking into account the provisions provided for in Article 55 of this Code.

The method of transferring information about the state of pension savings by a voluntary savings pension fund is determined by agreement with the contributor (recipient);

4) provide free consulting services to contributors (recipients), as well as persons intending to enter into an agreement on pension provision through voluntary pension contributions with a voluntary accumulative pension fund, on the functioning of the accumulative pension system and investment portfolio management activities;

5) ensure the confidentiality of information about the state of the contributor’s (recipient’s) pension savings;

6) bear responsibility for violation of the legislation of the Republic of Kazakhstan in the field of pension provision and the terms of the agreement on pension provision through voluntary pension contributions in accordance with the legislation of the Republic of Kazakhstan;

7) transfer the pension savings of the contributor (recipient) to another voluntary savings pension fund or a unified savings pension fund, or an insurance organization in the manner prescribed by this Code and the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations;

8) publish in the media and place on its Internet resource financial statements and audit reports in the manner and within the time limits established by the authorized body for regulation, control and supervision of the financial market and financial organizations and the legislation of the Republic of Kazakhstan on accounting and financial reporting, other reporting and information about its activities in the manner determined by the authorized body for regulation, control and supervision of the financial market and financial organizations. At the same time, it is not allowed to publish information containing guarantees or promises of income from contributions to the voluntary accumulative pension fund, as well as other information prohibited by the legislation of the Republic of Kazakhstan;

9) fulfill other duties in accordance with the legislation of the Republic of Kazakhstan and the terms of the agreement on pension provision through voluntary pension contributions.

3. In order to protect the rights and interests of investors, the voluntary savings pension fund is prohibited from:

make transactions that will result in violation of the requirements established by the legislation of the Republic of Kazakhstan or the investment declaration of a voluntary savings pension fund;

2) carry out entrepreneurial activities, with the exception of the types of activities established by this article;

3) use pension assets for purposes not provided for by the legislation of the Republic of Kazakhstan;

4) make investment decisions on the gratuitous alienation of pension assets;

5) use pension assets to ensure the fulfillment of one’s own obligations or obligations of third parties not related to the activities of managing the pension portfolio;

6) sell (transfer) assets belonging to him into pension assets;

7) sell assets on credit;

8) receive, under the terms of loan agreements, money or other property to be returned at the expense of pension assets, with the exception of cases of transactions with financial instruments carried out in the trading systems of trading organizers in accordance with the investment declaration;

9) acquire pension assets that he manages, with the exception of cases of reimbursement of expenses and receipt of remuneration in accordance with the pension agreement at the expense of voluntary pension contributions and the investment declaration of the voluntary savings pension fund;

10) indicate in advertising and the media information about the profitability of pension assets of a voluntary savings pension fund for a period of less than one year;

11) pledge pension and (or) own assets;

12) issue securities other than shares;

13) provide loans by any means, with the exception of the acquisition of debt securities by a voluntary savings pension fund.

4. In order to ensure the financial stability and solvency of voluntary savings pension funds, mandatory prudential standards are established. The list of prudential standards, their standard values, calculation methods are established by regulatory legal acts of the authorized body for regulation, control and supervision of the financial market and financial organizations.

The list, forms of reporting on the implementation of prudential standards by voluntary accumulative pension funds, the timing and procedure for its submission to the National Bank of the Republic of Kazakhstan are established by the regulatory legal act of the National Bank of the Republic of Kazakhstan in agreement with the authorized body for regulation, control and supervision of the financial market and financial organizations.

Article 44. Pension rules and investment declaration of a voluntary savings pension fund

Pension rules of the voluntary savings pension fund include:

the procedure for changing and terminating pension agreements through voluntary pension contributions;

2) the procedure and conditions for making pension contributions and payments;

3) responsibility for the obligations of the voluntary savings pension fund to contributors (recipients);

4) the procedure for informing about the state of pension savings;

5) provision of information to depositors (recipients) about the shareholders of the voluntary savings pension fund and the custodian bank;

6) other features of the legal relationship between the voluntary savings pension fund and contributors (recipients).

2. Investment of pension assets at the expense of voluntary pension contributions is carried out by the voluntary savings pension fund independently in accordance with the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations and the investment declaration.

3. Pension rules and the investment declaration of the voluntary savings pension fund, as well as changes and additions to them, are approved by the management body of the voluntary savings pension fund.

Article 45. Agreement on pension provision through voluntary pension contributions of the contributor (recipient) with a voluntary savings pension fund

An agreement on pension provision through voluntary pension contributions is concluded between a voluntary savings pension fund and the contributor (recipient) in writing in accordance with a standard agreement on pension provision through voluntary pension contributions.

The procedure for concluding and the standard form of an agreement on pension provision through voluntary pension contributions are established by a regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

Article 46. Storage and accounting of pension assets of a voluntary savings pension fund in a custodian bank

Pension assets of a voluntary savings pension fund are stored and accounted for in accounts in a custodian bank that is not affiliated with the voluntary savings pension fund, in accordance with the custodian agreement.

2. The custodial agreement is concluded between the custodian bank and the voluntary savings pension fund.

3. The form of a standard custodial agreement is developed and approved by the authorized body for regulation, control and supervision of the financial market and financial organizations.

4. The custodian bank exercises control over the targeted placement of pension assets of the voluntary accumulative pension fund and is obliged to immediately notify the authorized body for regulation, control and supervision of the financial market and financial organizations, the voluntary accumulative pension fund and the stock exchange, if the transaction was concluded in its trading system, of the non-compliance of the concluded transaction with the legislation of the Republic of Kazakhstan.

5. The custodian bank keeps records of all operations on the accumulation of pension assets, their placement, receipt of investment income and monthly informs the voluntary savings pension fund about the status of its accounts.

6. A voluntary savings pension fund must have one custodian bank.

7. The custodial agreement is terminated based on the relevant decision of the executive body of the voluntary savings pension fund unilaterally at the request of the voluntary savings pension fund with notification of the custodian bank and completion of the procedure for transferring pension assets to the new custodian bank within twenty calendar days before the scheduled date of termination.

8. Within thirty calendar days from the date of concluding a custodial agreement with a new custodian bank, the voluntary savings pension fund notifies its investors and agents about this through appropriate publications in two printed publications and on its own Internet resource in the Kazakh and Russian languages.

9. For a period of up to six months from the date of termination of the custodian agreement, a corresponding agreement is concluded between the voluntary accumulative pension fund, the previous and new custodian banks on the transfer by the previous custodian bank of pension contributions received by it to the new custodian bank.

Article 47. Reorganization of the voluntary savings pension fund

The reorganization of the voluntary savings pension fund is carried out by decision of the general meeting of shareholders with the permission of the authorized body for regulation, control and supervision of the financial market and financial organizations in the form of merger. The conditions and procedure for issuing permission to reorganize a voluntary accumulative pension fund are established by regulatory legal acts of the authorized body for regulation, control and supervision of the financial market and financial organizations.

The specifics of the reorganization of a voluntary savings pension fund with the participation of the state, the national welfare fund and (or) the authorized body are determined by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

2. A reorganized voluntary savings pension fund has the right to attract voluntary pension contributions and make pension payments on the basis of a license from a voluntary savings pension fund that has merged with another voluntary savings pension fund.

3. Pension assets and liabilities of the merged voluntary savings pension fund under agreements on pension provision at the expense of voluntary pension contributions are subject to transfer to the reorganized voluntary savings pension fund in the manner established by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

Article 48. Refusal to issue permission for the reorganization of a voluntary savings pension fund

Refusal to issue a permit from the authorized body for regulation, control and supervision of the financial market and financial organizations for the reorganization of a voluntary savings pension fund is made on any of the following grounds:

violation as a result of the proposed reorganization of the interests of depositors (recipients);

2) violation as a result of the proposed reorganization of the requirements of the legislation of the Republic of Kazakhstan in the field of competition protection;

3) non-compliance of the documents submitted to obtain permission from the authorized body for regulation, control and supervision of the financial market and financial organizations for reorganization with the requirements of the legislation of the Republic of Kazakhstan.

Article 49. Liquidation of a voluntary savings pension fund

The voluntary savings pension fund is liquidated:

by decision of the general meeting of shareholders of a voluntary accumulative pension fund in the presence of a permit from the authorized body for regulation, control and supervision of the financial market and financial organizations, issued in the manner established by it;

2) by court decision in cases provided for by the legislative acts of the Republic of Kazakhstan.

2. The rules for conducting voluntary or forced liquidation, as well as the transfer of pension assets and liabilities under pension agreements at the expense of voluntary pension contributions, are approved by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

Article 50. Refusal to issue permission for the voluntary liquidation of a voluntary savings pension fund

Refusal to issue a permit from the authorized body for regulation, control and supervision of the financial market and financial organizations for the voluntary liquidation of a voluntary savings pension fund is made on any of the following grounds:

discrepancy between the documents submitted to obtain permission from the authorized body for regulation, control and supervision of the financial market and financial organizations for liquidation, with the requirements of the legislation of the Republic of Kazakhstan;

2) the presence of obligations and existing agreements on licensed types of activities;

3) insufficient funds to satisfy the claims of all creditors of the voluntary savings pension fund.

Article 51. Features of termination of a license to manage an investment portfolio with the right to attract voluntary pension contributions

In case of deprivation of a license to manage an investment portfolio with the right to attract voluntary pension contributions, the voluntary savings pension fund transfers the voluntary pension savings of contributors (recipients) to a unified pension savings fund in the manner established by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

2. Voluntary return of a license to manage an investment portfolio with the right to attract voluntary pension contributions is carried out on the basis of an application from a voluntary savings pension fund and is made only after the voluntary savings pension fund has fulfilled all obligations for this type of activity.

3. The rules for the voluntary return of a license to manage an investment portfolio with the right to attract voluntary pension contributions, as well as the transfer of pension assets and obligations under pension agreements at the expense of voluntary pension contributions are determined by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

Chapter 7. PROCEDURE FOR IMPLEMENTING THE ACTIVITIES OF THE UNIFIED ACCUMULATIVE PENSION FUND AND VOLUNTARY ACCUMULATIVE PENSION FUNDS

Article 52. Pension assets of the unified accumulative pension fund and voluntary accumulative pension funds

Pension assets formed from mandatory pension contributions, mandatory professional pension contributions and voluntary pension contributions include pension contributions, investment income, funds received as penalties and compensation for losses, minus commissions.

2. The rights of individuals and legal entities to pension assets formed through mandatory pension contributions, mandatory professional pension contributions and voluntary pension contributions belong to the category of real rights provided for by this Code.

3. Seizure or foreclosure of compulsory pension contributions, compulsory professional pension contributions, penalties, pension assets and pension savings for the debts of the contributor of compulsory pension contributions, individuals for whom compulsory professional pension contributions are transferred, recipients of pension payments, State Corporation, unified pension savings fund, custodian bank and persons to whom pension assets are transferred on the basis of an investment management agreement assets in accordance with paragraph 3 of Article 36 and Article 37 of this Code is not allowed, including in cases of liquidation and (or) bankruptcy of the listed entities.

4. Pension assets formed from mandatory pension contributions, mandatory professional pension contributions and voluntary pension contributions are used exclusively for:

placement in financial instruments, the list of which is approved by the Government of the Republic of Kazakhstan;

2) placement in financial instruments permitted for acquisition at the expense of pension assets transferred into trust management by the investment portfolio manager in accordance with Article 37 of this Code;

3) making pension payments, including one-time pension payments from mandatory pension contributions in order to improve living conditions and (or) pay for treatment in accordance with the legislation of the Republic of Kazakhstan;

4) transfer of pension savings to an insurance organization under a pension annuity agreement in the manner prescribed by this Code and the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations;

5) transfer of pension assets into trust management to the investment portfolio manager in accordance with Article 37 of this Code;

6) transfer of pension savings at the expense of voluntary pension contributions from a unified accumulative pension fund to a voluntary accumulative pension fund, from a voluntary accumulative pension fund to a unified accumulative pension fund, as well as from one voluntary accumulative pension fund to another voluntary accumulative pension fund;

7) return of erroneously credited pension contributions and other erroneously credited money;

8) payment of commission remuneration to the unified accumulative pension fund, voluntary accumulative pension funds, the National Bank of the Republic of Kazakhstan, which manages the investment portfolio in the cases and amount established by this Code;

9) return of the unclaimed amount of guarantee compensation from the individual pension account of an individual for whom voluntary pension contributions are transferred (recipient of pension payments), based on the notification of the organization providing mandatory guarantee of deposits, submitted in accordance with the Law of the Republic of Kazakhstan “On mandatory guarantee of deposits placed in second-tier banks of the Republic of Kazakhstan”;

10) payment of brokerage commissions, exchange fees and other expenses associated with investments in alternative instruments, with the purchase or sale of financial instruments on organized and unorganized securities markets.

Article 53. Pension assets formed from mandatory pension contributions by the employer

Pension assets formed from mandatory pension contributions of the employer include mandatory pension contributions of the employer, investment income, funds received as penalties and compensation for losses, minus commissions.

2. Pension assets formed from the employer’s mandatory pension contributions are not the property of the agent and (or) the individual for whom the employer’s mandatory pension contributions were paid.

3. Seizure or foreclosure of mandatory pension contributions of the employer, penalties, pension assets formed at the expense of mandatory pension contributions of the employer, for the debts of the unified accumulative pension fund, the individual in whose name a conditional pension account is opened, the State Corporation, the custodian bank and the investment portfolio manager is not allowed, including in cases of liquidation and (or) bankruptcy of the listed entities.

4. Pension assets formed from mandatory pension contributions by the employer are used exclusively for the following purposes:

placement in financial instruments, the list of which is determined by the Government of the Republic of Kazakhstan and the investment declaration of the unified pension savings fund;

2) implementation of pension payments in accordance with the legislation of the Republic of Kazakhstan;

3) payment of commission from investment income in the cases and amount established by this Code;

4) return of erroneously credited mandatory employer pension contributions.

Article 54. General financial agreement, settlements under which are carried out at the expense of own funds and (or) pension assets of the unified accumulative pension fund, voluntary accumulative pension funds

The provisions of paragraph 1 of Article 51, Article 62 of this Code do not apply to the offset of claims and (or) liquidation netting under a transaction (transactions) within the framework of a general financial agreement, settlements under which are carried out at the expense of own funds and (or) pension assets of the unified accumulative pension fund, voluntary accumulative pension funds.

The parties to the master financial agreement carry out (apply) offset of claims and (or) liquidation netting for the transaction (transactions) within the framework of the master financial agreement in the manner and on the conditions specified in the master financial agreement.

A net claim arising (calculated) as a result of offsetting claims and (or) liquidation netting carried out (applied) in the manner and on the terms specified in the general financial agreement is satisfied on a general basis in accordance with the rules for settlements with creditors established by this Code and the civil legislation of the Republic of Kazakhstan.

Article 55. Secret of pension savings

The secrecy of pension savings includes information about the balances and movement of money in the individual pension accounts of contributors (recipients).

The Unified Accumulative Pension Fund, voluntary accumulative pension funds and the State Corporation guarantee the secrecy of pension savings.

2. Officials, employees of the unified accumulative pension fund, voluntary accumulative pension funds, the State Corporation and other persons who, due to the performance of their official and functional duties, have gained access to information constituting the secret of pension savings, do not have the right to disclose information constituting the secret of pension savings, and are responsible for their disclosure in accordance with the laws of the Republic of Kazakhstan, except for the cases provided for in paragraphs 3 and 4 of this article.

The exchange of information, including information constituting the secret of pension savings, between the National Bank of the Republic of Kazakhstan and the authorized body for regulation, control and supervision of the financial market and financial organizations is not a disclosure of the secret of pension savings.

The presentation by an official of a state body or a person performing managerial functions in an organization of documents and information containing the secret of pension savings as supporting documents and materials when sending a report of a criminal offense to the criminal prosecution body is not a disclosure of the secret of pension savings.

3. The secret of pension savings may be disclosed to the contributor of compulsory pension contributions, the individual for whom compulsory professional pension contributions, voluntary pension contributions are transferred, the recipient of pension payments, any third party on the basis of the written consent of the contributor of compulsory pension contributions, the individual for whom compulsory professional pension contributions, voluntary pension contributions are transferred, the recipient of pension payments, issued in accordance with requirements of the legislation of the Republic of Kazakhstan.

4. Certificates about the balances and movement of money on individual pension accounts can be issued:

pre-trial investigation bodies - on criminal cases in their proceedings;

2) courts - on cases pending in their proceedings on the basis of a court ruling;

3) bailiffs - according to the executive documents in their proceedings on the basis of a resolution of the bailiff, authorized by the prosecutor;

4) state revenue authorities - on issues related to the calculation, withholding (accrual) of mandatory pension contributions, mandatory professional pension contributions;

5) to the authorized body for regulation, control and supervision of the financial market and financial organizations - on the issue that arose in connection with the application of the contributor of compulsory pension contributions, the individual for whom compulsory professional pension contributions, voluntary pension contributions are transferred, the recipient of pension payments, as well as in connection with the implementation of supervisory functions or verification of the activities of the unified accumulative pension fund, voluntary accumulative pension funds;

6) to the prosecutor - on the basis of a resolution to conduct an inspection within the limits of his competence on the material under consideration;

7) to the authorized body for financial monitoring - for the purposes and procedures provided for by the Law of the Republic of Kazakhstan “On combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction”;

8) representatives of the contributor of compulsory pension contributions, an individual for whom compulsory professional pension contributions, voluntary pension contributions are transferred, the recipient of pension payments - on the basis of a notarized power of attorney or a court decision that has entered into legal force;

9) State corporation - to create a database of contributors of compulsory pension contributions, individuals for whom compulsory professional pension contributions are transferred, and to calculate the safety of compulsory pension contributions, compulsory professional pension contributions in the unified accumulative pension fund in the amount of compulsory pension contributions actually made, compulsory professional pension contributions taking into account the level of inflation at the time the recipient acquired the right to pension payments, as well as for provision of public services on the basis of an application from the recipient of pension payments or his representative under a notarized power of attorney or a court decision that has entered into legal force;

10) to the authorized state body - on an issue that has arisen in connection with the application of a contributor of compulsory pension contributions, an individual for whom compulsory professional pension contributions, voluntary pension contributions, or a recipient of pension payments are transferred;

11) auditing organizations conducting an annual mandatory audit of the unified accumulative pension fund, voluntary accumulative pension funds;

12) heirs - in the event of the death of a contributor of compulsory pension contributions, an individual for whom compulsory professional pension contributions, voluntary pension contributions are transferred, a recipient of pension payments upon request with the provision of a certificate of inheritance;

13) notaries and foreign consular offices - on inheritance cases in their proceedings in the event of the death of a contributor of compulsory pension contributions, an individual for whom compulsory professional pension contributions, voluntary pension contributions are transferred, a recipient of pension payments upon request.

Article 56. Secrecy of conditional pension accounts

The secrecy of conditional pension accounts opened in the name of individuals includes information on the amount of transferred mandatory pension contributions of the employer and other income in accordance with the legislation of the Republic of Kazakhstan, as well as information on the amount of pension payments from the mandatory pension contributions of the employer for the corresponding financial year.

The Unified Accumulative Pension Fund and the State Corporation guarantee the secrecy of conditional pension accounts.

2. Officials, employees of the Unified Accumulative Pension Fund, State Corporation and other persons who, due to the performance of their official and functional duties, have gained access to information constituting the secret of conditional pension accounts, do not have the right to disclose them, except for the cases provided for in paragraphs 3 and 4 of this article.

The exchange of information, including information constituting the secret of conditional pension accounts, between the National Bank of the Republic of Kazakhstan and the authorized body for regulation, control and supervision of the financial market and financial organizations does not constitute disclosure of the secrets of conditional pension accounts.

The presentation by an official of a state body or a person performing managerial functions in an organization of documents and information containing the secret of conditional pension accounts as supporting documents and materials when sending a report of a criminal offense to the criminal prosecution body is not a disclosure of the secret of conditional pension accounts.

3. The secret of conditional pension accounts may be disclosed to the individual in whose name the conditional pension account is opened, to any third party with the written consent of the individual in whose name the conditional pension account is opened, in accordance with the requirements of the legislation of the Republic of Kazakhstan.

4. Information constituting the secret of conditional pension accounts is issued:

pre-trial investigation bodies - on criminal cases in their proceedings;

2) courts - on cases pending in their proceedings on the basis of a court ruling;

3) state revenue authorities - on issues related to the calculation (accrual) and transfer of mandatory pension contributions of the employer;

4) to the authorized body for regulation, control and supervision of the financial market and financial organizations - on an issue that arose in connection with the application of an individual in whose name a conditional pension account was opened, or in connection with his inspection of the activities of the unified accumulative pension fund;

5) to the prosecutor - on the basis of a resolution to conduct an inspection within the limits of his competence on the material under consideration;

6) State corporation - to create a database of individuals for whom compulsory pension contributions by the employer have been paid to the unified pension savings fund;

7) to the authorized state body - on an issue that arose in connection with the application of an individual in whose name a conditional pension account was opened;

8) audit organizations conducting an annual mandatory audit of the unified accumulative pension fund;

9) representatives of an individual in whose name a conditional pension account is opened - on the basis of a notarized power of attorney or a court decision that has entered into legal force.

Article 57. Accounting and reporting of the unified accumulative pension fund and voluntary accumulative pension funds

The Unified Accumulative Pension Fund, in the manner established by the legislation of the Republic of Kazakhstan, maintains accounting records and prepares financial statements separately for:

pension assets formed from mandatory pension contributions, mandatory professional pension contributions and voluntary pension contributions;

2) pension assets formed from mandatory pension contributions by the employer;

3) own funds intended to ensure the financial and economic activities of the unified pension savings fund.

4) target savings and target assets formed through transfers from the National Fund of the Republic of Kazakhstan.

The voluntary savings pension fund maintains accounting records and prepares financial statements separately for its own funds and pension assets formed through voluntary pension contributions.

1-1. The Unified Accumulative Pension Fund and voluntary accumulative pension funds submit financial and other reporting, as well as primary statistical data, to the National Bank of the Republic of Kazakhstan in accordance with the regulatory legal acts of the National Bank of the Republic of Kazakhstan.

2. Accounting for pension savings from mandatory pension contributions, mandatory professional pension contributions and voluntary pension contributions on individual pension accounts of contributors of mandatory pension contributions, individuals for whom mandatory professional pension contributions, voluntary pension contributions (recipients of pension payments) are transferred is carried out separately in the manner determined by the authorized body for regulation, control and supervision of the financial market and financial organizations.

3. Accounting for conditional pension obligations is carried out in the manner determined by the authorized body for regulation, control and supervision of the financial market and financial organizations.

4. The procedure for the formation of conditional pension obligations, including the formation and use of reserve funds, the methodology for their calculation and structure are determined by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

5. To carry out accounting of pension assets and savings on an individual pension account and ensure reliability, safety and protection of information from unauthorized access, automated information systems are used in the form of software for a unified pension savings fund and voluntary savings pension funds.

Requirements for automated information systems for accounting for pension assets and savings are established by the authorized body for regulation, control and supervision of the financial market and financial organizations, taking into account the requirements of the Law of the Republic of Kazakhstan “On Informatization”.

6. Accounting for pension savings from voluntary pension contributions of individuals for whom voluntary pension contributions are transferred (recipients of pension payments) is carried out by voluntary savings pension funds in the manner determined by the authorized body for regulation, control and supervision of the financial market and financial organizations.

7. Control over the correctness of accounting for pension contributions and the accrual of investment income to contributors of mandatory pension contributions, individuals for whom mandatory employer pension contributions, mandatory professional pension contributions, voluntary pension contributions (to recipients of pension payments) are transferred, is carried out by the authorized body for regulation, control and supervision of the financial market and financial organizations.

8. The Unified Accumulative Pension Fund and voluntary accumulative pension funds are required to ensure accounting and storage of documents used in accounting and reporting. The list of documents subject to storage and the periods of their storage are established by the authorized body for regulation, control and supervision of the financial market and financial organizations.

Article 58. Commission fees of the National Bank of the Republic of Kazakhstan, the unified accumulative pension fund, investment portfolio manager and voluntary accumulative pension funds

The amount of commission remuneration of the unified accumulative pension fund is established in the amount of 0.008 percent per month of pension assets, but not more than the value determined as the product of 0.04 times the monthly calculation indicator established by the law on the republican budget and effective as of January 1 of the corresponding financial year, and the number of individual pension accounts of contributors (recipients) with pension savings for accounting for mandatory pension contributions opened in a single accumulative pension fund as of the 1st day of the corresponding calendar month.

2. The maximum amount of commission remuneration of the National Bank of the Republic of Kazakhstan is set at no more than 2.0 percent of investment income.

3. The maximum amount of commission remuneration for an investment portfolio manager is set at no more than 7.5 percent of investment income.

4. The maximum amount of commission remuneration for a voluntary accumulative pension fund is set at no more than 15 percent of investment income.

The procedure for collecting and the amount of commission remuneration for voluntary savings pension funds are established by the agreement on pension provision at the expense of voluntary pension contributions.

5. The amount of commission remuneration of the National Bank of the Republic of Kazakhstan is annually approved by the Board of the National Bank of the Republic of Kazakhstan.

The amount of commission remuneration for an investment portfolio manager is approved annually by the management body of this organization.

The amount of commission remuneration of the National Bank of the Republic of Kazakhstan, the investment portfolio manager and the voluntary savings pension fund may change no more than once a year.

Article 59. System of risk management and internal control of the unified accumulative pension fund, voluntary accumulative pension funds

The Unified Accumulative Pension Fund and voluntary accumulative pension funds form a risk management and internal control system, which must contain:

powers and functional responsibilities for risk management and internal control of the board of directors, board, divisions of the unified accumulative pension fund, voluntary accumulative pension funds, their responsibilities;

2) internal policies and procedures for risk management and internal control;

3) limits on the permissible amount of risks;

4) internal procedures for reporting on risk management and internal control of the bodies of the unified accumulative pension fund, voluntary accumulative pension funds;

5) internal criteria for assessing the effectiveness of the risk management system.

The procedure for forming a risk management and internal control system is established by a regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

The unified accumulative pension fund, voluntary accumulative pension fund, when appointing employees to the position of head of risk management, head of the internal audit unit, chief compliance controller, independently check them for compliance with the requirements established by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations, specified in part two of this article.

Article 60. Audit of the unified accumulative pension fund or voluntary accumulative pension funds

An audit of a unified accumulative pension fund or voluntary accumulative pension funds is carried out by an audit organization authorized to conduct an audit in accordance with the legislation of the Republic of Kazakhstan on auditing activities.

2. The audit report of the financial statements of the unified accumulative pension fund or voluntary accumulative pension funds does not constitute a trade secret.

3. Based on the results of the mandatory annual audit of the unified accumulative pension fund, the audit organization draws up four audit reports on:

pension assets formed from mandatory pension contributions, mandatory professional pension contributions and voluntary pension contributions;

2) pension assets formed from mandatory pension contributions by the employer;

3) own funds.

4) target savings and target assets formed through transfers from the National Fund of the Republic of Kazakhstan.

Based on the results of the mandatory annual audit of the voluntary accumulative pension fund, the auditing organization prepares two audit reports on:

financial statements on own assets;

2) financial statements on pension assets.

4. The annual audit report on the pension assets of the unified accumulative pension fund or voluntary accumulative pension funds includes checking the procedure for maintaining accounting records and preparing financial statements in relation to the pension assets of the unified accumulative pension fund or voluntary accumulative pension funds for compliance with the requirements established by the legislation of the Republic of Kazakhstan.

Expenses for the mandatory annual audit of the unified accumulative pension fund or voluntary accumulative pension funds are carried out at the expense of the own funds of the unified accumulative pension fund or voluntary accumulative pension funds.

Article 61. Prohibition on advertising that does not correspond to reality

The Unified Accumulative Pension Fund and voluntary accumulative pension funds are prohibited from advertising activities that do not correspond to reality on the day of its publication.

2. The authorized body for regulation, control and supervision of the financial market and financial organizations has the right to demand that the unified accumulative pension fund, voluntary accumulative pension funds make changes to advertising that does not correspond to reality, stop it, or publish a refutation.

The authorized body for regulation, control and supervision of the financial market and financial organizations, in case of failure to comply with this requirement within the period established by it, has the right to publish information about the discrepancy between the reality of the information contained in the advertisement or to clarify it at the expense of the unified accumulative pension fund, the voluntary accumulative pension fund that published such advertisement.

3. Information on the profitability of pension assets can only be provided with an indication of the period during which the corresponding investment income was received.

Article 62. Limited measures of influence and sanctions applied by the authorized body for regulation, control and supervision of the financial market and financial organizations

In cases where the authorized body for regulation, control and supervision of the financial market and financial organizations detects violations of the legislation of the Republic of Kazakhstan, reveals unlawful actions or inaction of officials and employees of the unified accumulative pension fund, voluntary accumulative pension fund, as well as failure to comply with other requirements provided for by this Code, the authorized body for regulation, control and supervision of the financial market and financial organizations has the right to apply to the unified accumulative pension fund, voluntary accumulative pension funds one of the following limited measures:

give a binding written order;

2) issue a written warning;

3) draw up a written agreement.

2. The procedure and conditions for applying limited enforcement measures to the unified accumulative pension fund and voluntary accumulative pension funds are determined by the regulatory legal acts of the authorized body for regulation, control and supervision of the financial market and financial organizations.

3. The authorized body for regulation, control and supervision of the financial market and financial organizations has the right to suspend the license to manage an investment portfolio with the right to attract voluntary pension contributions for a period of up to six months on any of the following grounds:

unreliability of the information on the basis of which the license was issued;

2) delay in the start of activities of the voluntary savings pension fund for more than a year from the date of issuance of the license;

3) systematic (three or more cases within twelve consecutive calendar months) failure to fulfill or improper fulfillment by a voluntary savings pension fund of obligations under agreements on pension provision at the expense of voluntary pension contributions;

4) systematic (three or more cases within twelve consecutive calendar months) violation of the standards and limits established by the authorized body and other norms and limits mandatory for execution by the voluntary savings pension fund;

5) systematic (three or more cases within twelve consecutive calendar months) violation of regulatory legal acts of the Republic of Kazakhstan, provisions provided for by pension rules and (or) investment declaration of a voluntary savings pension fund;

6) failure to comply with the requirements of limited enforcement measures applied by the authorized body for regulation, control and supervision of the financial market and financial organizations;

7) refusal to sign a written agreement with the authorized body for regulation, control and supervision of the financial market and financial organizations;

8) failure by the voluntary accumulative pension fund to eliminate the violations specified in the audit organization’s report on the audit within three months from the date the voluntary accumulative pension fund received the audit report;

9) failure to submit or submission of knowingly false reports and information;

10) systematic (three or more cases within twelve consecutive calendar months) violation by a voluntary accumulative pension fund of the requirements provided for by the legislation of the Republic of Kazakhstan on combating the legalization (laundering) of illegally obtained income, the financing of terrorism and the financing of the proliferation of weapons of mass destruction.

4. Suspension of a license entails a ban on attracting new investors.

Article 63. Managerial employees of the unified accumulative pension fund, voluntary accumulative pension fund

The following are recognized as managerial employees of the unified accumulative pension fund, voluntary accumulative pension fund:

head and members of the management body;

2) the head and members of the executive body;

3) chief accountant and deputy chief accountant;

4) other persons who coordinate and (or) control the activities of one or more structural divisions of a unified accumulative pension fund, a voluntary accumulative pension fund and have the right to sign documents submitted to the authorized body for regulation, control and supervision of the financial market and financial organizations in accordance with the regulatory legal acts of the authorized body for regulation, control and supervision of the financial market and financial organizations;

5) other persons recognized as executive employees of the unified accumulative pension fund, voluntary accumulative pension fund, using the motivated judgment of the authorized body for regulation, control and supervision of the financial market and financial organizations.

The first managers, chief accountants and deputy chief accountants of separate divisions of the unified pension savings fund, voluntary savings pension fund are not senior managers.

2. Requirements for executive employees of the unified accumulative pension fund, voluntary accumulative pension fund, as well as the procedure for their approval are established by Article 9-4 of the Law of the Republic of Kazakhstan “On State Regulation, Control and Supervision of the Financial Market and Financial Organizations”.

A person has the status of a social worker when carrying out professional activities in the field of providing special social services.

2. A social worker, in assessing and determining the need for special social services, prepares a conclusion on the provision of special social services, taking into account the individual characteristics of persons in need of special social services, and ensures the confidentiality of information about the person’s health status, diagnosis of the disease, degree of disability and personal data of recipients of special social services.

3. A social worker providing special social services adheres to the social worker’s conclusion on assessing and determining the need for special social services and provides services in accordance with the standards for the provision of special social services.

4. A social worker, with the informed consent of the recipient of special social services or his legal representative, has the right to provide information about the recipient of special social services for carrying out rehabilitation measures.

5. The standard burden on a social worker is established by authorized state bodies, as well as taking into account the individual needs of recipients of special social services in accordance with the standards for the provision of special social services in the field of social protection of the population, education and healthcare.

6. The remuneration system, official salaries, additional payments, allowances and other incentive payments for a social worker carrying out professional activities in state organizations are determined in the manner established by the legislation of the Republic of Kazakhstan in accordance with the list of positions.

Social workers supported by the state budget are provided with basic paid annual leave and health benefits in accordance with the labor legislation of the Republic of Kazakhstan.

Remuneration for a social worker carrying out professional activities in private organizations is determined by their founders or an authorized person in accordance with the legislation of the Republic of Kazakhstan.

7. To carry out professional activities, a social worker must meet the qualification requirements determined by professional standards approved by the relevant authorized bodies in agreement with the authorized state body.

8. To carry out professional activities, social workers undergo certification, based on the results of which qualification categories are assigned (confirmed) in the manner determined by the authorized state body.

9. The certification program for social workers is developed by authorized bodies in accordance with professional standards.

Social workers, when carrying out professional activities, have the right to:

free choice of methods and forms of organizing activities in the field of providing special social services, subject to compliance with the standards for the provision of special social services;

2) protection from unlawful interference and obstruction on the part of officials and other persons;

3) respectful attitude towards the profession and appropriate behavior on the part of recipients of special social services and their parents or other legal representatives;

4) organizational, logistical support and creation of the necessary conditions for the implementation of professional activities;

5) carrying out scientific, research, creative activities, developing and making proposals for the introduction of new methods and technologies into the practice of social work;

6) participation in the discussion of issues aimed at improving the quality of social services, including those related to the professional activities of a social worker;

7) advanced training at least once every five years;

8) continuous professional development;

9) early assignment of a qualification category;

10) encouragement for success in professional activities;

11) completing an internship under international scholarships and grants to maintain and improve professional skills in the manner and under the conditions determined by the legislation of the Republic of Kazakhstan;

12) other rights provided for by the legislation of the Republic of Kazakhstan.

2. A social worker who assesses and determines the need for special social services, in addition to the rights established by paragraph 1 of this article, has the right:

request and receive the necessary information from state and local executive bodies, including through information systems;

2) attract the necessary specialists to assess and determine the need for special social services;

3) attract for consultation the necessary specialists of a different profile or higher qualifications.

3. Social workers have no right:

recommend to recipients of special social services certain objects of retail sale of medicines and medical devices, organizations providing special social services, or rehabilitation activities for the purpose of personal interest in receiving remuneration for their services;

2) promote medicines and medical products, types of special social services and rehabilitation activities with the participation of suppliers, with the exception of holding scientific and practical conferences and specialized seminars.

4. Social workers are obliged:

carry out prevention of the onset of need for special social services in accordance with their qualifications, official and official responsibilities;

2) provide special social services in accordance with their qualifications and job responsibilities;

3) ensure the quality of the special social services provided;

4) not to disclose professional secrets;

5) do not discriminate against the recipient of special social services;

6) immediately inform law enforcement agencies about the facts of the recipient of special social services or actions (inaction) in relation to them, containing signs of a criminal or administrative offense, in social protection organizations, as well as about facts of violation of the legislation of the Republic of Kazakhstan that have become known to them in connection with their professional activities;

7) advise parents or other legal representatives of recipients of special social services on the provision of special social services;

8) undergo certification at least once every three years;

9) draw up an individual plan for the provision of special social services;

10) comply with the norms of professional ethics of behavior of a social worker;

11) undergo mandatory periodic medical examinations in the manner established by the legislation of the Republic of Kazakhstan;

12) respect the honor and dignity of recipients of special social services and their parents or other legal representatives;

13) perform other duties provided for by this Code and the legislation of the Republic of Kazakhstan.

Information about individual characteristics, health status, disease diagnosis, degree of disability, as well as personal data of recipients of special social services constitute the professional secret of a social worker.

2. With the informed consent of the recipient of special social services or his legal representative, it is permitted to transfer to third parties information that constitutes the professional secret of a social worker for the purpose of carrying out rehabilitation measures.

3. Submission of information constituting the professional secret of a social worker without the consent of the recipient of special social services is permitted in the following cases:

entities engaged in medical activities, for the purpose of examining and treating a person who is not capable of independent expression of will, in the absence of a legal representative;

2) at the request of pre-trial investigation bodies, a prosecutor, a lawyer and (or) a court in connection with an investigation or trial;

3) when providing special social services to a minor or incompetent person to inform his legal representative;

4) when conducting inspections of compliance with the law by the prosecutor's office in the manner established by the Constitutional Law of the Republic of Kazakhstan "On the Prosecutor's Office".

4. The following does not constitute disclosure of professional secrets of a social worker:

transfer for storage of a backup copy of an electronic information resource to a single platform for backup storage of electronic information resources in accordance with the procedure and terms determined by the authorized body in the field of information security, except for cases when such electronic information resources contain information related to intelligence, counterintelligence activities and security measures to ensure the safety of protected persons and objects, the transfer of which is carried out in accordance with the legislation of the Republic of Kazakhstan on state secrets;
exchange of information using information and communication technologies for the purpose of providing special social services and carrying out the activities of law enforcement and special government agencies.

Professional ethics of behavior of a social worker is based on the principles of legality, integrity, responsibility, respect for the honor and dignity of the individual.

2. Violation of professional ethics of behavior of a social worker entails disciplinary liability of the social worker in accordance with the Labor Code of the Republic of Kazakhstan.

3. Violations of professional ethics of behavior of a social worker are considered by the Council for Professional Ethics of Conduct of Social Workers in the manner determined by the organization providing special social services.

The following persons are not allowed to participate in the professional activities of social workers:

deprived of the right to carry out the professional activities of a social worker in accordance with a court verdict that has entered into legal force;

2) recognized by a court decision as incompetent or partially capable;

3) those with medical contraindications, as well as with mental and behavioral disorders (diseases), including those associated with the use of psychoactive substances, registered with organizations providing medical care in the field of mental health;

4) on the basis of other restrictions provided for by the Labor Code of the Republic of Kazakhstan.

When social workers carry out professional activities, the following is not allowed:

engaging them in types of work not related to professional duties, except for cases provided for by the laws of the Republic of Kazakhstan;

2) requesting from them reports or information not provided for by the legislation of the Republic of Kazakhstan in the field of social protection;

3) carrying out inspections not provided for by the laws of the Republic of Kazakhstan.

Social workers are guaranteed:

housing, including office and (or) dormitory, in accordance with the legislation of the Republic of Kazakhstan;

2) land plots for individual housing construction in the manner prescribed by the legislation of the Republic of Kazakhstan. Social workers carrying out professional activities in rural settlements are provided with land plots for individual housing construction on a priority basis, as provided for by the legislation of the Republic of Kazakhstan;

3) paid annual leave in accordance with the Labor Code of the Republic of Kazakhstan;

4) a health benefit in the amount of at least one official salary once a calendar year when they are granted regular leave;

5) compensation for harm caused to life and health during the performance of labor (official) duties, in accordance with the legislation of the Republic of Kazakhstan;

6) reimbursement by the employer of transportation costs associated with travel for social workers providing special social services at home.

2. For a social worker carrying out professional activities in a rural locality:

by decision of local representative bodies, salaries and tariff rates are increased by at least twenty-five percent compared to the rates of social workers carrying out professional activities in urban areas;

2) social assistance is provided for the payment of utilities and the purchase of fuel from budget funds in the manner and amount approved by local representative bodies.

3. A social worker who arrives to carry out professional activities and live in rural settlements, by decision of local representative bodies, is provided with an allowance and social assistance for the purchase or construction of housing.

4. Local executive bodies have the right to establish compensation payments to a social worker for renting (renting) housing and utilities, full or partial payments for the purchase of vouchers for sanatorium treatment and recreation, as well as other benefits aimed at social assistance to the social worker.

5. For conscientious work and exemplary performance of their professional duties, the social worker is subject to incentives provided for by the legislation of the Republic of Kazakhstan, as well as the internal regulations of the organization providing special social services.

6. Local executive bodies have the right to establish additional incentive measures for social workers through the establishment of local insignia and honorary titles with or without the payment of a one-time remuneration and other forms of incentives, including on holidays established in the Republic of Kazakhstan.

The description and procedure for awarding local insignia and honorary titles, including the amount of one-time remuneration payments, are determined by the local executive body.

SPECIAL PART

Paragraph 1. General provisions

Persons (families) with children have the right to social protection in the form of:

social payments in case of loss of income due to pregnancy and childbirth, adoption of a newborn child (children);

2) a one-time state benefit in connection with the birth of a child (hereinafter referred to as the birth benefit);

3) a monthly state allowance for child care upon reaching the age of one and a half years (hereinafter referred to as the care allowance);

4) social payment in case of loss of income in connection with caring for a child upon reaching the age of one and a half years (hereinafter referred to as social payment for care);

5) subsidizing additionally established mandatory pension contributions in favor of recipients of social benefits in case of loss of income in connection with caring for a child upon reaching the age of one and a half years at the expense of budget funds (hereinafter referred to as budget subsidies);

6) a monthly state allowance for large families with four or more minor children living together, including children studying full-time in general education or vocational programs in organizations of general secondary, technical and vocational, post-secondary, higher and (or) postgraduate education, after they reach the age of eighteen until the time of graduation from educational organizations (but not more than until they reach the age of twenty-three) (hereinafter referred to as the allowance for a large family);

7) monthly state benefits to mothers with many children who were awarded the “Altyn alka”, “Kumis alka” pendants or who previously received the title “Mother Heroine”, awarded the Order of “Maternal Glory” of the 1st and 2nd degree (hereinafter referred to as the benefit of the awarded mother).

2. The rights provided for in this article are exercised in the manner and under the conditions provided for by this Code.

3. The employer pays maternity leave, leave to employees who have adopted a newborn child (children), with the preservation of the average salary, if this is provided for by the terms of labor and (or) collective agreements, the act of the employer, minus the amount of social benefits in case of loss of income in connection with pregnancy and childbirth, adoption of a newborn child (children) in accordance with the Labor Code of the Republic of Kazakhstan.

4. By decision of local executive bodies, families with children may be provided with additional measures of social assistance.

The basis for the assignment of social payments in the event of loss of income in connection with pregnancy and childbirth, adoption of a newborn child (children), birth benefits, social benefits for care, care benefits, benefits for large families, benefits for awarded mothers (hereinafter referred to as social payments and benefits for families with children) is the application of a person entitled to social payments and benefits for families with children, or his legal representative.

Submission of an application for the assignment of social payments and benefits to families with children is not required when they are assigned through a proactive service in accordance with the Law of the Republic of Kazakhstan “On State and Socially Responsible Services”.

2. The authorized state body determines the procedure for:

appointment and payment of state birth benefits, care benefits, benefits for large families, benefits for awarded mothers;

calculation (determination) of the amounts, assignment, implementation, suspension, recalculation, renewal, termination and revision of the decision on the appointment (refusal to assign) social payments in case of loss of income in connection with pregnancy and childbirth, adoption of a newborn child (children), social payments in case of loss of income in connection with caring for a child upon reaching the age of one and a half years;

subsidizing mandatory pension contributions to recipients of social benefits in the event of loss of income due to child care upon reaching the age of one and a half years.

The grounds for refusing to accept an application for social payments and benefits to families with children are:

obtaining from the information system of the authorized state body information confirming the facts of appointment, implementation of social payments and payment of benefits to families with children, filing an application or consent through a proactive service for their appointment;

2) submission by the applicant of an incomplete package of documents in accordance with the legislation of the Republic of Kazakhstan and (or) documents with expired validity, and (or) documents whose validity expires on the day of the decision to assign or refuse to assign social payments and benefits to families with children;

3) discrepancy between the information on the identity document (except for its replacement in accordance with the legislation of the Republic of Kazakhstan, confirmed by information from state information systems) with the documents necessary for their purpose;

4) lack of the right to assign social payments and benefits to families with children;

5) lack of consent of the applicant to access restricted personal data, which is required for the assignment of social payments and benefits to families with children.

2. The grounds for refusal to assign social payments and benefits to families with children are:

establishing the unreliability of documents and (or) information, including those obtained from state information systems, necessary for the assignment of social payments and benefits to families with children;

2) non-compliance of documents and (or) information necessary for the assignment of social payments and benefits to families with children with the requirements established by the legislation of the Republic of Kazakhstan;

3) failure to provide the document and (or) information required by the Fund during the inspection, necessary for the assignment of social payments in the event of loss of income in connection with pregnancy and childbirth, adoption of a newborn child (children), social benefits for care.

The recipient of social payments and benefits for families with children has the right:

request and receive free information from the State Corporation and the Fund on the procedure for assigning and receiving social payments and benefits to families with children;

2) appeal decisions, actions (inaction) of state bodies, the State Corporation and the Fund in the manner established by the laws of the Republic of Kazakhstan.

2. The recipient of social payments and benefits for families with children is obliged to:

provide complete and reliable information for the assignment of social payments and benefits to families with children, in accordance with the legislation of the Republic of Kazakhstan;

2) during the period of receiving social payments and benefits for families with children, inform the State Corporation about the circumstances that may serve as the basis for changing the amount of birth benefits, care benefits, benefits for large families, awarded mother benefits, social care benefits, within ten working days from the date of such changes.

In the event that the recipient has not notified in a timely manner about the circumstances affecting the amount of the birth benefit, the care allowance, the allowance for large families, the awarded mother's allowance, the social benefit for care, their amounts are revised from the moment the specified circumstances occur, but not earlier than the moment of their assignment;

3) make a return of excessively credited (paid) amounts of social payments and benefits to families with children on a voluntary basis, and in case of refusal - in court on the basis of a court decision that has entered into legal force.

Article 75. Change of recipient

In cases of death (recognized by the court as missing or declared dead), deprivation or restriction of parental rights, serving a sentence in places of deprivation of liberty, reversal of a court decision to recognize the recipient of social benefits for care, care benefits, benefits for a large family as missing, the payment is made to the legal representative of the child (children) or to the person appointed as the guardian (trustee), while maintaining the grounds for receiving them, with the exception of cases of determining the child (children) for full state support, on the basis documents provided for by the legislation of the Republic of Kazakhstan.

From social payments in case of loss of income in connection with pregnancy and childbirth, adoption of a newborn child (children), social benefits for care, mandatory pension contributions in the amount of 10 percent are withheld and sent to the unified pension savings fund in accordance with this Code.

2. Deductions from social payments and benefits to families with children are not made in enforcement proceedings.

3. Excessively credited (paid) amounts of social benefits for care upon their further receipt are withheld from the amounts due for payment, based on the application of the recipient.

Social benefits in case of loss of income due to pregnancy and childbirth, adoption of a newborn child (children) are assigned to a participant in the compulsory social insurance system from the date the right to social benefits arises.

2. The right to social benefits arises:

in case of loss of income due to pregnancy and childbirth - from the date of maternity leave indicated in the certificate of temporary incapacity for work;

in case of loss of income in connection with the adoption of a newborn child (children) - from the date of leave for the employees who adopted the newborn child (children), indicated in the temporary disability certificate.

3. Social benefits in case of loss of income in connection with pregnancy and childbirth, adoption of a newborn child (children) are assigned for the entire period specified in the certificate of temporary disability, issued in the manner determined by the authorized body in the field of healthcare.

For residents of the city of Baikonyr who are participants in the compulsory social insurance system, social payments in case of loss of income in connection with pregnancy and childbirth, adoption of a newborn child (children) are assigned on the basis of a certificate of temporary disability issued in the manner provided for in part one of this paragraph, or issued by federal healthcare organizations of the Russian Federation and their divisions located in the city of Baikonyr, for the period of leave in connection with pregnancy and childbirth, adoption (adoption) of a newborn child (children) in accordance with the Labor Code of the Republic of Kazakhstan.

4. The deadline for applying for social benefits in case of loss of income in connection with pregnancy and childbirth, adoption of a newborn child (children), as well as for recalculation of social benefits in case of loss of income in connection with pregnancy and childbirth during complicated childbirth, the birth of two or more children cannot exceed twelve months from the date the right to social benefits arises.

Recalculation of social benefits in case of loss of income due to pregnancy and childbirth is carried out in the manner determined by the authorized government body.

5. In case of receipt of social contributions to the Fund for the period that was accepted for calculating social payments in case of loss of income in connection with pregnancy and childbirth, adoption of a newborn child (children), after the date of application for their assignment, the amount of assigned social payments in case of loss of income in connection with pregnancy and childbirth, adoption of a newborn child (children) is not recalculated to the recipient.

6. Amounts of social payments in case of loss of income in connection with pregnancy and childbirth, adoption of a newborn child (children), not received in a timely manner or not received in full due to the fault of the State Corporation and (or) the Fund, are paid for the past time from the date the right to social payments arose without a time limit.

The amount of social payments in case of loss of income in connection with pregnancy and childbirth, adoption of a newborn child (children) is determined by multiplying the average monthly income taken into account as an object for calculating social contributions by the corresponding coefficient of the number of days of disability in the manner determined by the authorized state body, and is paid from the assets of the Fund.

2. The average monthly amount of income taken into account as an object for calculating social contributions is determined by dividing the amount of income from which social contributions were made for the last twelve calendar months (regardless of whether there were breaks in social contributions during this period) preceding the month in which the right to social payments became available by twelve.

At the same time, income received during periods of labor, entrepreneurial activity, and private practice in types of activities to which, by decision of the Government of the Republic of Kazakhstan, an adjustment factor of 0 was applied to the rate of social contributions, is taken into account when determining the average monthly income on the basis of a certificate of income issued by the payer.

Periods of receiving social benefits in case of loss of income due to restrictions on activities during the period of a state of emergency, restrictive measures are excluded from the calculation of the average monthly income and are replaced by other months immediately preceding the beginning of the period for determining the average monthly income.

For persons specified in Articles 101-1 and 102-1 of this Code, when calculating social payments in case of loss of income in connection with pregnancy and childbirth, adoption of a newborn child (children), income for each month from which social contributions were made is determined by dividing the amount of social contributions actually received per month by the rate of social contributions established by paragraph 1 of Article 244 of this Code.

The coefficient of the number of days of incapacity for work is determined by dividing the number of days for which a certificate of temporary incapacity for work was issued in connection with pregnancy and childbirth, as well as the adoption of a newborn child (children), by thirty calendar days.

3. Social contributions received from income declared illegal on the basis of judicial acts and acts of the pre-trial investigation body, paid for the period taken into account when determining the amount of social payments, are not taken into account in subsequent applications of a participant in the compulsory social insurance system for the assignment of social payments in the event of loss of income in connection with pregnancy and childbirth, adoption of a newborn child (children).

4. If the payer does not return excessively (erroneously) paid social contributions within the terms and cases determined by the authorized state body, when calculating the amount of social payments in case of loss of income in connection with pregnancy and childbirth, adoption of a newborn child (children), the amounts of excessively (erroneously) paid social contributions are not taken into account.

Paragraph 3. Birth benefit

Article 79. Right to birth benefit

Birth benefits are provided to citizens of the Republic of Kazakhstan permanently residing in the Republic of Kazakhstan, candidates, as well as foreigners, whose right to receive benefits is provided for by an international treaty ratified by the Republic of Kazakhstan, having children born, adopted, and taken into custody, from the day of the child’s birth.

2. Birth benefits are assigned from the date of application. When two or more children are born, a birth benefit is assigned and paid for each child.

3. The period for applying for a birth benefit cannot exceed eighteen months from the date of birth of the child.

Article 80. Amount of birth benefit

Birth benefits are paid from budget funds in the following amounts:

for the first, second, third child – 38.0 monthly calculation index;

for the fourth or more child – 63.0 monthly calculation index.

2. The birth benefit is paid taking into account changes in the size of the monthly calculation index established for the corresponding financial year by the law on the republican budget.

Paragraph 4. Care allowance

Article 81. Right to care allowance

Care allowance is provided to citizens of the Republic of Kazakhstan permanently residing in the Republic of Kazakhstan, as well as to foreigners whose right to receive benefits is provided for by an international treaty ratified by the Republic of Kazakhstan.

2. Persons (families) with children born alive, adopted, as well as children taken into custody, stepchildren, if they are not included in the family of the other parent, have the right to receive care benefits in cases where the person caring for the child is not a participant in the compulsory social insurance system.

3. When assigning family care benefits, children in respect of whom parents are deprived or have limited parental rights are not taken into account.

Care allowance is not assigned to children who are fully supported by the state.

4. Care allowance is assigned:

from the date of birth of the child indicated in the child’s birth certificate, upon reaching the age of one and a half years inclusive;

2) persons (families) who have adopted children, as well as children taken under guardianship - from the day the court decision on the adoption of the child (children) enters into legal force or from the date of establishment of guardianship upon reaching the age of one and a half years;

3) kandasam - from the day of birth of the child, but not earlier than the date of establishment of the status of kandasam.

5. In the case of caring for two or more children under one and a half years old, a care allowance is assigned and paid for each child.

6. In the event of the death of a child under the age of one and a half years, payments are made up to the month of death inclusive.

7. If you apply for a care allowance after the death of a child under the age of one and a half years, the care allowance is assigned up to and including the month of death.

8. The period for applying for care allowance cannot exceed eighteen months from the date of birth of the child.

Article 82. Amount of care allowance

The care allowance is paid monthly from budget funds in the following amounts:

for the first child – 5.76 monthly calculation index;

for the second child – 6.81 monthly calculation index;

for the third child – 7.85 monthly calculation index;

for the fourth or more child – 8.90 monthly calculation index.

2. The care allowance is paid taking into account changes in the size of the monthly calculation indicator established for the corresponding financial year by the law on the republican budget.

Article 83. Suspension, resumption and termination of payment of care allowance

Payment of care allowance is suspended from the first day of the month following the month of receipt of information, including from information systems, about (about):

absence of debit transactions for three or more months on the recipient’s bank account. In this case, the payment of care allowance is resumed from the date of suspension;

2) the recipient of the care allowance leaves for permanent residence outside the Republic of Kazakhstan. In this case, the payment of the care allowance is resumed to the recipient of the care allowance who left for permanent residence outside the Republic of Kazakhstan and returned back before the child reaches the age of one and a half years, from the date of arrival for permanent residence in the territory of the Republic of Kazakhstan, but not earlier than the date of suspension;

3) the recipient of the care allowance is serving a criminal sentence imposed by the court in the form of imprisonment. In this case, the care allowance is paid to the legal representative of the child (children) from the date of suspension or to the person appointed as the guardian from the date of establishment of guardianship, but not earlier than the date of suspension;

4) the recipient of the care allowance resides in centers for the provision of special social services in a hospital setting and is fully supported by the state, with the exception of the person who is provided with an over-guaranteed volume of special social services. In this case, the payment of care allowance is resumed from the date of the recipient’s expulsion from the center for the provision of special social services, but not earlier than the date of suspension;

5) the presence of a supporting document on the conduct of operational search activities to search for missing persons or a court decision to recognize a person as missing in relation to the recipient of care benefits. In this case, the care allowance is paid to the legal representative of the child (children) from the date of suspension or to the person appointed as the guardian from the date of establishment of guardianship, but not earlier than the date of suspension;

6) the expiration of the validity of the foreigner’s identity document or candas certificate for the recipient of the care allowance. In this case, the payment of the care allowance is resumed from the date of issue of the foreigner’s identity document or the candas certificate, but not earlier than the date of suspension;

7) availability of a document confirming the death of the recipient. In this case, care allowance is paid to the legal representative of the child (children) from the date of suspension or to the person appointed as a guardian from the date of establishment of guardianship, but not earlier than the date of suspension.

2. Payment of care benefits is resumed upon application based on documents and (or) information received from information systems confirming the expiration of the circumstances that caused the suspension of care benefits.

3. The grounds for termination of payment of care allowance are:

death of a child;

2) determination of the child for full state support;

3) the applicant provided false information, which resulted in the illegal assignment of care benefits;

4) identification of the fact of termination of citizenship of the Republic of Kazakhstan in relation to the recipient of care allowance;

5) deprivation or restriction of parental rights of parents, invalidation or cancellation of adoption, release or removal from the performance of their duties of guardians in cases established by the marriage and family legislation of the Republic of Kazakhstan.

In the event of the death of a child(ren), the payment of care allowance ceases after the month of death of the child(ren).

Payment of care allowance is terminated from the date of occurrence of the circumstances specified in subparagraphs 2), 3), 4) and 5) of this paragraph.

Social benefits for care are assigned to a participant in the compulsory social insurance system who has the right to receive social benefits and is caring for a child (children) upon reaching the age of one and a half years inclusive.

Moreover, if child care is provided by several participants in the compulsory social insurance system, social care benefits are assigned to only one of these persons.

When two or more children are born, social care benefits are assigned to each child separately.

2. The right to social benefits for care arises from the date of birth indicated in the child’s birth certificate, in cases of adoption of a child (children) and the appointment of guardianship over a child left without parental care, under the age of one and a half years - from the date of entry into legal force of the court decision on the adoption of the child (children) or from the date of appointment of a guardian.

3. When assigning social benefits for care within the family, born alive, adopted children, stepchildren, if they are not taken into account in the family of the other parent, as well as children taken into custody are taken into account, with the exception of children in respect of whom the parents are deprived of parental rights or have limited parental rights.

At the same time, if during the period of assigning a social payment for care a child (children) is not included in the family, the Fund makes a decision to recalculate the amount of social payment for care taking into account the total number of children in the manner determined by the authorized state body.

4. If you apply for a social payment for care after the death of a child under the age of one and a half years, the social payment is assigned up to and including the month of death.

5. The time limit for applying for a social benefit for care, as well as for recalculation, cannot exceed eighteen months from the date the right to a social benefit for care arose.

6. In the case of receipt of social contributions to the Fund for the period that was accepted for calculating social benefits for care, after the date of application for its assignment, the amount of the assigned social payment for care to the recipient is not recalculated.

7. Amounts of social benefits for care that were not received on time or received incompletely due to the fault of the State Corporation and (or) the Fund are paid for the past time from the date the right to social benefits arose without a time limit.

8. Social benefits for care are not assigned to children who are fully supported by the state.

The amount of social benefits for care is determined by multiplying the average monthly income taken into account as an object for calculating social contributions by the income replacement coefficient in the manner determined by the authorized state body, and is paid monthly from the assets of the Fund.

The average monthly amount of income taken into account as an object for calculating social contributions is determined by dividing the amount of income from which social contributions were made for the last twenty-four calendar months (regardless of whether there were breaks in social contributions during this period) preceding the month in which the right to social benefits for care arose by twenty-four.

For persons specified in Articles 101-1 and 102-1 of this Code, when calculating social benefits for care, income for each month from which social contributions were made is determined by dividing the amount of social contributions actually received per month by the rate of social contributions established by paragraph 1 of Article 244 of this Code.

The income replacement rate is 0.40.

2. The amount of the monthly social payment for care cannot be less than the size of the care allowance established depending on the order of birth of the child in accordance with Article 82 of this Code, with the additional calculation of mandatory pension contributions subject to withholding in accordance with Article 76 of this Code.

The maximum amount of social benefits for care should not exceed 40 percent of 7 times the minimum wage established by the law on the republican budget on the date the right to social benefits for care arises.

3. Social contributions received from income declared illegal on the basis of judicial acts and acts of the pre-trial investigation body, paid for the period taken into account when determining the amount of social payments, are not taken into account in subsequent applications by a participant in the compulsory social insurance system for the assignment of social benefits for care.

4. If the payer does not return excessively (erroneously) paid social contributions within the time limits and cases determined by the authorized state body, when calculating the amount of social benefits for care, the amounts of excessively (erroneously) paid social contributions are not taken into account.

Social benefits for care are suspended from the first day of the month following the month of receipt of information, including from information systems, about:

absence of debit transactions for three or more months on the recipient’s bank account. In this case, the social payment is resumed from the date of suspension;

2) the recipient of social benefits for care leaves for permanent residence outside the Republic of Kazakhstan. In this case, the social benefit for care is renewed to the recipient who returns:

in case of non-receipt of payment in the country of departure - from the date of suspension of payment;

in case of receiving payment in the country of departure - from the first day of the month following the month of termination of payment in the country of departure;

3) the recipient of social benefits for care is serving a criminal sentence imposed by the court in the form of imprisonment. In this case, social payment for care is made to the legal representative of the child (children) from the day of suspension or to the person appointed as a guardian from the day guardianship is established, but not earlier than the day of suspension;

4) expiration of the validity period of the identity document of a foreigner or stateless person, the candas certificate. In this case, the social payment for care is resumed from the day of issuance of the identity document of a foreigner or stateless person permanently residing in the territory of the Republic of Kazakhstan, a candas certificate;

5) the presence of a confirming document on the conduct of operational search activities to search for a missing person or a court decision to recognize the person as missing in relation to the recipient of social benefits for care. In this case, social payment for care is made to the legal representative of the child (children) from the day of suspension or to the person appointed as a guardian from the day guardianship is established, but not earlier than the day of suspension;

6) the presence of a confirming document on the termination of operational search activities to search for a missing person or the entry into force of a judicial act canceling a court decision declaring a missing person who was a recipient of social benefits for care. In this case, the social payment for care is resumed from the first day of the month following the month of suspension of payment to the legal representative of the child (children) or the person appointed as the guardian;

7) termination by the recipient of social benefits for care of citizenship of the Republic of Kazakhstan on the grounds provided for by the Law of the Republic of Kazakhstan “On Citizenship of the Republic of Kazakhstan”. In this case, the social payment for care is renewed from the date of issuance of the identity document of a foreigner or stateless person permanently residing in the territory of the Republic of Kazakhstan;

8) the applicant provided false information, which resulted in an unreasonable determination of the amount of social benefits for care. In this case, social benefits for care are resumed in the amount determined in accordance with this Code from the date of suspension.

2. Social benefits for care are suspended after the month in which:

the child (children) is (are) designated for full state support. In this case, social benefits for care are resumed from the day the child (children) are placed in the family;

2) the parent was deprived or limited in parental rights in cases established by the marriage and family legislation of the Republic of Kazakhstan. In this case, social benefits for care are made to the legal representative of the child (children) from the day of suspension or to the person appointed as a guardian from the day guardianship is established, but not earlier than the day of suspension. Upon restoration of parental rights, social benefits for care are resumed from the date the court decision on the restoration or abolition of restrictions on parental rights enters into force;

3) guardians are released or suspended from performing their duties in cases established by the marriage and family legislation of the Republic of Kazakhstan. In this case, social benefits for care are made to the person appointed as a guardian, or to a person who has been restored to the status of a guardian, from the date of suspension;

4) the death of the recipient has occurred (the court decision declaring him dead has entered into force). In this case, social benefits for care are made to the legal representative of the child (children) from the day of suspension or to the person appointed as a guardian from the day guardianship is established, but not earlier than the day of suspension.

3. Social benefits for care are renewed subject to the preservation of the right to payment upon application based on documents and (or) information from information systems received before the child reaches the age of one and a half years, confirming the expiration of the circumstances that caused the suspension of social benefits for care.

4. Social benefits for care are terminated on the following grounds:

after the month in which the death of the child (children) occurred;

2) after the expiration of the month in which the decision on adoption was declared invalid or canceled in cases established by the marriage and family legislation of the Republic of Kazakhstan;

3) in connection with the submission of an application by the recipient of social care benefits for termination of social care benefits. In this case, social benefits for care are terminated on the first day of the month following the month of filing the application;

4) in connection with the submission by the recipient of social benefits for care of inaccurate documents (information) that served as the basis for the decision to assign social benefits for care. In this case, the social benefit for care is terminated from the date of its appointment.

Paragraph 6. Budget subsidies

Article 87. Right to receive budget subsidies

For recipients of social benefits for care, mandatory pension contributions to the unified accumulative pension fund are additionally established, which are subject to subsidization from budgetary funds, in the manner determined by the authorized state body.

2. For a recipient of social benefits for care who has a disability of the first or second group, if the disability is established indefinitely, budget subsidies are provided upon his consent to withhold mandatory pension contributions from the amount of social benefits for care in accordance with subparagraph 2) of paragraph 3 of Article 248 of this Code.

3. If the amount of mandatory pension contributions withheld from social care benefits exceeds 10 percent of the average monthly income taken into account as an object for calculating social contributions, budget subsidies for mandatory pension contributions are not made.

4. Budget subsidies are made from the date of birth of the child indicated in the birth certificate, and in cases of adoption of a child (children) and the appointment of guardianship over a child left without parental care under the age of one and a half years - from the date of entry into legal force of the court decision on the adoption of the child (children) or from the date of appointment of a guardian until the day the child reaches the age of one and a half years or until the guardian (adoptive parent) reaches retirement age the age provided for in paragraph 1 of Article 207 of this Code.

Article 88. Amount of budget subsidies

The amount of monthly budget subsidies is determined as the difference between the amount of mandatory pension contributions calculated from the average monthly income taken into account as an object for calculating social contributions and the amount of mandatory pension contributions withheld from social care benefits.

2. The amount of monthly budget subsidies for mandatory pension contributions is subject to recalculation in the event of a recalculation of the amount of social benefits for care in connection with a change in the size of the monthly calculation indicator established by the law on the republican budget for the corresponding financial year.

Article 89. Suspension, resumption and termination of budget subsidies

Budget subsidies are suspended in the event of receipt of social contributions and (or) mandatory pension contributions, and (or) mandatory pension contributions from the employer.

In this case, budget subsidies are suspended, resumed and terminated simultaneously with the suspension, renewal and termination of social benefits for care in the manner prescribed by Article 86 of this Code.

Paragraph 7. Benefits for large families

Article 90. Right to benefits for a large family

Benefits for large families are provided to citizens of the Republic of Kazakhstan permanently residing in the Republic of Kazakhstan, as well as to foreigners whose right to receive benefits is provided for by an international treaty ratified by the Republic of Kazakhstan.

2. Families with four or more minor children living together, including children studying full-time in general education or vocational programs in organizations of general secondary, technical and vocational, post-secondary, higher and (or) postgraduate education, after they reach the age of eighteen until the time of graduation from educational organizations (but not more than until they reach the age of twenty-three), have the right to receive benefits for large families.

3. When assigning benefits to a large family, the family includes children born, adopted, children taken under guardianship (trusteeship), and stepchildren, if they are not included in the family of the other parent.

At the same time, children in respect of whom parents are deprived or limited in parental rights are not taken into account as part of the family.

4. Benefits for large families are not assigned to children who are fully supported by the state.

5. Payment of benefits to a large family is made for the current month and for the period of compliance with the conditions under which this benefit is assigned, from the date of application in the presence of all supporting documents. In the event of the death of a recipient, benefits to a large family are paid up to and including the month of death, with the exception of cases of change in the recipient of benefits in accordance with Article 75 of this Code.

6. The accrued amount of benefits for a large family, which is not claimed by the recipient in a timely manner, is paid for the past time, but no more than 3 years before applying for their receipt.

7. The applicant independently confirms the cohabitation of children by indicating in the application for the assignment of benefits to a large family of children living together.

At the same time, in accordance with Article 16 of the Civil Code of the Republic of Kazakhstan, the place of residence of children under fourteen years of age is recognized as the place of residence of their legal representatives.

In case of dissolution of marriage (matrimony) between spouses, the cohabitation of children with one of the parents is confirmed by a court decision.

8. When assigning benefits to a large family, children studying full-time in general education or vocational programs in organizations of general secondary, technical and vocational, post-secondary, higher and (or) postgraduate education, after they reach the age of eighteen until the time of graduation from educational organizations (but no more than until they reach the age of twenty-three) are taken into account as part of the family, regardless of the fact of cohabitation.

Article 91. Amount of benefit for a large family

Allowances to large families are paid monthly from budget funds in the following amounts:

for four children – 16.03 monthly calculation index;

for five children – 20.04 monthly calculation index;

for six children – 24.05 monthly calculation index;

for seven children – 28.06 monthly calculation index;

for eight or more children – 4 monthly calculation indices for each child.

The allowance for a large family is paid taking into account changes in the size of the monthly calculation indicator established for the corresponding financial year by the law on the republican budget.

2. The amount of the benefit for a large family is recalculated in connection with a change in the number of minor children, including children studying full-time in general education or vocational programs in organizations of general secondary, technical and vocational, post-secondary, higher and (or) postgraduate education, after they reach the age of eighteen until the time of graduation from educational organizations (but not more than until they reach the age of twenty-three).

In the event of a change in the composition of the family, affecting an increase or decrease in the amount of benefits received by a large family, the change in the amount of the benefit for a large family is made from the date the right to change the amount of the benefit arises, but not earlier than the moment of its assignment.

Article 92. Suspension, renewal and termination of benefits for a large family

Payment of benefits to a large family is suspended from the first day of the month following the month of receipt of information, including from information systems, about:

absence of debit transactions for three or more months on the recipient’s bank account. In this case, the payment of benefits to a large family is resumed from the date of suspension;

2) the recipient of benefits for a large family leaves for permanent residence outside the Republic of Kazakhstan. In this case, payment of benefits to a large family is resumed from the date of arrival for permanent residence in the territory of the Republic of Kazakhstan, but not earlier than the date of suspension;

3) the recipient of benefits for a large family is serving a criminal sentence imposed by the court in the form of imprisonment. In this case, benefits for a large family are paid to the legal representative of the children from the date of suspension or to the person appointed as a guardian (trustee) from the date of establishment of guardianship or trusteeship, but not earlier than the date of suspension;

4) the recipient of benefits for a large family living in centers for the provision of special social services in a hospital setting and being on full state support, with the exception of the person who is provided with an over-guaranteed volume of special social services. In this case, payment of benefits to a large family is resumed from the date the recipient is expelled from the center for the provision of special social services, but not earlier than the date of suspension;

5) the child reaches eighteen years of age. In this case, the payment of benefits to large families is resumed:

from the date of suspension in the case of continuing education in general educational or professional programs in an organization of general secondary, technical and vocational, post-secondary, higher and (or) postgraduate education (but not more than until the age of twenty-three);

from the date of admission of a child who has reached the age of eighteen to full-time study in general education or vocational programs in an organization of general secondary, technical and vocational, post-secondary, higher and (or) postgraduate education (but not more than until the age of twenty-three);

6) the presence of a supporting document on the conduct of operational search activities to search for a missing person or a court decision to recognize the person as missing in relation to the recipient of benefits for a large family. In this case, payment of benefits to a large family is made to the legal representative of the children from the date of suspension or to the person appointed as a guardian (trustee) from the date of establishment of guardianship or trusteeship, but not earlier than the date of suspension;

7) the expiration of the validity period of the foreigner’s identity document or candas certificate for the recipient of the benefit for a large family. In this case, the payment of benefits to a large family is resumed from the date of issue of the foreigner’s identity document or the candas certificate, but not earlier than the date of suspension;

8) availability of a document confirming the death of the recipient. In this case, payment of benefits to a large family is made to the legal representative of the children from the date of suspension or to the person appointed as a guardian (trustee) from the date of establishment of guardianship or trusteeship, but not earlier than the date of suspension.

In the event of the death of a recipient, a benefit to a large family is paid up to and including the month of death, and in the event of a recipient of a benefit to a large family leaving for permanent residence outside the Republic of Kazakhstan - up to the month of departure, inclusive, except in cases of a change in the recipient of the benefit to a large family in accordance with Article 75 of this Code.

2. Payment of benefits to a large family is resumed upon application based on documents and (or) information received from information systems confirming the expiration of the circumstances that caused the suspension of benefits to a large family.

3. The grounds for termination of payment of benefits to a large family are:

death of a child;

2) expulsion of a child studying full-time in general education or vocational programs in organizations of general secondary, technical and vocational, post-secondary, higher and (or) postgraduate education, after he reaches the age of eighteen;

3) determination of the child for full state support;

4) the applicant provided false information, which resulted in the illegal assignment of benefits to a large family;

5) deprivation or restriction of parental rights of parents, invalidation or cancellation of adoption, release or removal from the performance of their duties of guardians (trustees) in cases established by the marriage and family legislation of the Republic of Kazakhstan;

6) identification of the fact of termination of citizenship of the Republic of Kazakhstan in relation to the recipient of benefits for a large family.

4. Payment of benefits to a large family is terminated from the date of occurrence of the circumstances specified in paragraph 3 of this article, with the exception of cases provided for in subparagraphs 1), 2) and 3) of paragraph 3 of this article, while maintaining the grounds for its appointment.

5. In the event of the death of a child (children), payment of benefits to a large family ceases after the month of death of the child (children).

Paragraph 8. Benefit for the awarded mother

Article 93. Right to benefits of the awarded mother

The awarded mother’s allowance is assigned to mothers who were awarded the “Altyn alka”, “Kumis alka” pendants or who previously received the title “Mother Heroine”, awarded the Order of “Maternal Glory” of the 1st and 2nd degrees.

Foreigners and stateless persons permanently residing in the Republic of Kazakhstan, awarded in accordance with the Law of the Republic of Kazakhstan “On State Awards” with pendants “Altyn alka”, “Kumis alka” or who previously received the title “Mother Heroine”, awarded the Order of “Maternal Glory” of the 1st and 2nd degree, enjoy the right to the benefit of the awarded mother on an equal basis with citizens of the Republic of Kazakhstan.

2. Payment of benefits to the awarded mother is made for the current month and for the period of compliance with the conditions under which this benefit is assigned, from the date of application in the presence of all supporting documents.

3. The accrued amount of benefits for the awarded mother, which is not claimed by the recipient in a timely manner, is paid for the past time, but not more than 3 years before applying for their receipt.

Article 94. Amount of benefit for the awarded mother

The benefit to the awarded mother is paid monthly from budget funds in the following amounts:

those awarded the “Kumis alka” pendant – 6.40 monthly calculation index;

those awarded the “Altyn Alka” pendant or those who previously received the title “Mother Heroine”, those awarded the Order of “Maternal Glory” of the 1st and 2nd degrees – 7.40 monthly calculation index.

2. The benefit to the awarded mother is paid taking into account changes in the size of the monthly calculation index established for the corresponding financial year by the law on the republican budget.

Article 95. Suspension, resumption and termination of payment of benefits to the awarded mother

Payment of benefits to the awarded mother is suspended from the first day of the month following the month of receipt of information, including from information systems, about:

absence of debit transactions for three or more months on the recipient’s bank account. In this case, the payment of benefits to the awarded mother is resumed from the date of suspension;

2) the recipient of the awarded mother’s benefit leaves for permanent residence outside the Republic of Kazakhstan. In this case, payment of benefits to the awarded mother is resumed from the date of arrival for permanent residence on the territory of the Republic of Kazakhstan, but not earlier than the date of suspension;

3) the recipient of the awarded mother’s benefit is serving a criminal sentence imposed by the court in the form of imprisonment. In this case, the payment of benefits to the awarded mother is resumed from the date of release of the awarded mother from the institution of the criminal correctional system;

4) the recipient of the awarded mother’s benefit lives in centers for the provision of special social services in a hospital setting and is on full state support, with the exception of the person who is provided with an over-guaranteed volume of special social services. In this case, payment of benefits to the awarded mother is resumed from the date of deduction from the center for the provision of special social services, but not earlier than the date of suspension;

5) the presence of a confirming document on the conduct of operational search activities to search for a missing person or a court decision to recognize the person as missing in relation to the recipient of the awarded mother's benefit. In this case, the payment of benefits to the awarded mother is resumed from the date of termination of operational search activities to search for a missing person or the entry into force of a judicial act canceling a court decision declaring a person missing, but not earlier than the date of suspension;

6) the expiration of the validity period of the recipient of the awarding mother's allowance of the identity document of a foreigner or stateless person, a candas certificate. In this case, the payment of benefits to the awarded mother is resumed from the date of issuance of the identity document of a foreigner or stateless person permanently residing in the territory of the Republic of Kazakhstan, the candas certificate, but not earlier than the date of suspension.

2. Payment of benefits to the awarded mother is resumed upon application based on documents and (or) information received from information systems confirming the expiration of the circumstances that caused the suspension of the benefits to the awarded mother.

3. The grounds for termination of payment of benefits to the awarded mother are:

the applicant provided false information, which resulted in the illegal assignment of benefits to the awarded mother;

2) deprivation of the recipient of benefits to the awarded mother of a state award of the Republic of Kazakhstan in accordance with Article 40 of the Law of the Republic of Kazakhstan “On State Awards of the Republic of Kazakhstan”;

3) identification of the fact of termination of citizenship of the Republic of Kazakhstan in relation to the recipient of the awarded mother’s benefit;

4) death of the recipient of the benefit of the awarded mother.

4. Payment of benefits to the awarded mother is terminated from the date of occurrence of the circumstances specified in subparagraphs 1), 2) and 3) of paragraph 3 of this article.

5. In the event of the death of the recipient, the benefit to the awarded mother is paid up to and including the month of death.

Chapter 10. EMPLOYMENT

Paragraph 1. General provisions

Article 96. Rights in the field of employment

Rights in the field of employment include the following rights to:

receiving consultation and social professional guidance;

2) labor mediation;

3) employment within the quotas established by local executive bodies;

4) employment within special jobs created for persons with disabilities;

5) participation in active measures to promote employment, including:

vocational training;

promoting entrepreneurial initiative;

referral to subsidized jobs;

promoting voluntary resettlement to increase labor mobility;

6) social benefits in case of job loss.

2. The rights provided for in this article are exercised in the manner and under the conditions provided for by this Code.

Article 97. Employed persons

An employed person is an individual who carries out activities for payment or by generating income through the use of property, production and sale of goods, performance of work, provision of services.

2. Employed persons include:

employees, as well as persons with other paid work (elected, appointed or approved);

2) individual entrepreneurs;

3) persons engaged in private practice;

4) individuals carrying out activities under a civil law contract who are not employees;

5) individuals who are founders (participants) of business partnerships and founders, shareholders (participants) of joint-stock companies, as well as members of production cooperatives;

6) independent workers;

7) serving in the Armed Forces of the Republic of Kazakhstan, other troops and military formations, law enforcement and special government agencies of the Republic of Kazakhstan, civil protection bodies;

8) persons carrying out activities in the form of a peasant or farm enterprise.

Article 98. Job seekers

Citizens of the Republic of Kazakhstan, kandas, foreigners and stateless persons permanently residing in the Republic of Kazakhstan, without work and (or) earnings (income), looking for work, are registered as a job seeker in the manner determined by the authorized government body.

2. The career center, free of charge, provides job seekers with advice on employment issues, provides assistance in finding employment and (or) provides social vocational guidance services in the manner determined by the authorized government body.

3. A job seeker who has received a job offer from the career center, including through the Electronic Labor Exchange, must notify the career center of his acceptance or refusal of the proposed job.

Article 99. Unemployed

A job seeker is registered as an unemployed person after checking his data through the information systems of state bodies and (or) organizations in the manner determined by the authorized state body.

2. A registered unemployed person who has received a job offer from the career center, including through the Electronic Labor Exchange, must notify the career center of his acceptance or refusal of the proposed job in the manner determined by the authorized government body.

3. Do not register as unemployed:

persons under sixteen years of age;

2) employed persons;

3) persons who have reached the retirement age established by paragraphs 1–3 of Article 207 of this Code;

4) persons who submitted documents containing deliberately false information about the lack of work and earnings (income), as well as other unreliable information;

5) students and senior students of secondary schools applying for participation in active measures to promote employment, in accordance with this Code;

6) persons sentenced by a court decision to correctional labor or community service, as well as to a sentence of imprisonment, unless this punishment is suspended.

4. The unemployed are obliged:

find employment in the workplace declared by the employer after completing vocational training at his request;

2) comply with the procedure, conditions and timing of visiting or notifying the career center in accordance with this Code and the rules for registering job seekers, the unemployed and carrying out labor intermediation provided by career centers;

3) contact the employer regarding employment within three working days from the date of notification by the career center;

4) promptly, within five working days, provide the career center with information about changes affecting the further procedure for working with the unemployed, including:

change of place of residence;

employment for permanent, temporary work, work under civil contracts;

engaging in entrepreneurial activity;

founding (co-founding) in an organization, regardless of the organizational and legal form and form of ownership;

establishing or changing the disability group;

assignment of pension payments.

5. Termination of the employment obligation provided for in subparagraph 1) of paragraph 4 of this article occurs:

in case of employment in another permanent job;

2) in connection with the death of an unemployed person, confirmed by relevant documents;

3) in connection with conscription for military service;

4) in case of deprivation of liberty by a court decision;

5) in connection with pregnancy;

6) in the case of independent education of a child (children) under the age of three;

7) in connection with admission to organizations of technical and vocational, post-secondary, higher and postgraduate education.

Article 100. Deregistration of an unemployed person

The career center deregisters the unemployed (with the exception of family members of military personnel, employees of special state and law enforcement agencies, civil protection agencies, as well as their dependents who are not engaged in labor activities, registered and deregistered in the manner determined by the authorized state body) in the following cases:

refusal of three options for suitable work proposed by the career center or untimely notification of the career center, and the akim of the village, village, rural district living in rural areas, about consent or refusal of the proposed options for suitable work after registration as unemployed;

2) absence without good reason:

within five working days from the date of notification by the career center at the place of proposed employment or training;

within three working days upon call to the career center to participate in active measures to promote employment;

3) unauthorized termination of participation in active measures to promote employment;

4) violation by the unemployed, without good reason, of the terms for visiting or notifying the career center provided for by this Code and the rules for registering job seekers, the unemployed and carrying out labor intermediation provided by career centers;

5) sentencing an unemployed person to a sentence of imprisonment, if this sentence is not imposed conditionally, or sending him to compulsory treatment based on a court decision that has entered into legal force;

6) provided for by subparagraph 4) of paragraph 4 of Article 99 of this Code;

7) submission of knowingly false or forged documents.

2. Unemployed people deregistered in accordance with subparagraphs 1) - 4) of paragraph 1 of this article may re-register at the career center as unemployed only after thirty calendar days from the date of deregistration.

Article 101. Suitable work

A job is considered suitable, including a temporary one, corresponding to professional training, length of service and work experience in the previous specialty, health status, working hours, and transport accessibility of the workplace.

2. Suitable work associated with a change of residence can only be provided with the consent of the job seeker or the unemployed.

Transport accessibility of suitable work from the place of residence is determined by career centers taking into account the availability of public transport routes and the distance of suitable work from the place of residence.

3. For persons seeking work for the first time, but without a profession (specialty), as well as without work for more than two years, work that requires preliminary professional training may be considered suitable, and if it is impossible to provide it, other paid work (including work of a temporary nature), taking into account the age and other characteristics of persons and the requirements of the labor legislation of the Republic of Kazakhstan.

4. For a person with a disability, work is considered suitable if it is provided with access to it, taking into account the degree of limitations of his life activity, and for persons caring for children under three years of age - in a flexible and part-time working time mode, for persons raising a child with a disability under eighteen years of age - in a flexible working time mode.

5. Work of a temporary nature, which may or may not require (taking into account the age and other characteristics of citizens) preliminary training, is considered suitable for job seekers and the unemployed from among:

those looking for work for the first time (who have not previously worked) and who do not have qualifications;

2) students and senior students of secondary schools during the summer holidays;

3) persons who are not provided with work due to downtime;

4) those seeking to resume work after a long (more than two years) break, as well as those sent by career centers for training and who stopped training without a good reason;

5) those who refused to undergo vocational training or receive additional education after the termination of social benefits in the event of loss of work.

Individuals who meet the conditions provided for by the Tax Code of the Republic of Kazakhstan are recognized as persons applying a special tax regime for the self-employed.

2. Individuals applying a special tax regime for the self-employed, with the exception of those specified in Article 102-1 of this Code, pay mandatory pension contributions, mandatory employer pension contributions and social contributions in accordance with this Code, contributions for compulsory social health insurance in accordance with the Law of the Republic of Kazakhstan “On Compulsory Social Health Insurance” from the income they receive.

3. The rate of social contributions payable by individuals applying a special tax regime for the self-employed is set at one percent of the object of calculation of social contributions.

The object of calculation of social contributions for individuals applying a special tax regime for the self-employed is the income they received during the reporting month of carrying out activities within the framework of this regime.

At the same time, the income accepted for calculating social contributions per month should not exceed 7 times the minimum wage established for the corresponding financial year by the law on the republican budget, and the threshold established for the application of a special tax regime for self-employed people by the Tax Code of the Republic of Kazakhstan.

4. The rate of mandatory pension contributions payable by individuals applying a special tax regime for the self-employed is set at one percent of the income accepted for calculating mandatory pension contributions.

Income accepted for calculating mandatory pension contributions is understood as income received during the reporting month of activities within the framework of this regime.

At the same time, the income accepted for calculating mandatory pension contributions per month should not exceed the threshold established for the application of a special tax regime for the self-employed in accordance with the Tax Code of the Republic of Kazakhstan.

5. The rate of mandatory employer pension contributions payable by individuals applying a special tax regime for the self-employed is set at one percent of the income accepted for calculating the employer’s mandatory pension contributions.

The income accepted for calculating mandatory pension contributions of the employer is understood as the income of individuals applying a special tax regime for the self-employed, received by them during the reporting month of carrying out activities within the framework of this regime.

At the same time, the income accepted for calculating the employer’s mandatory pension contributions per month should not exceed the threshold established for the application of a special tax regime for the self-employed by the Tax Code of the Republic of Kazakhstan.

Article 102. Platform employment

Platform employment is a type of activity for the provision of services or performance of work using Internet platforms and (or) mobile applications of platform employment.

2. The parties to platform employment are:

operator of the Internet platform (hereinafter referred to as the Operator) - an individual entrepreneur or legal entity providing, using the Internet platform, services for the provision of technical, organizational (including services involving third parties to provide work or services), information and other capabilities using information technologies and systems for establishing contacts and concluding transactions for the provision of services and performance of work between performers and customers registered on the Internet platform;

2) customer - an individual or legal entity registered on the Internet platform and placing an order on it for the provision of services or performance of work;

3) contractor - an individual, individual entrepreneur or legal entity registered on the Internet platform, providing services to customers or performing work using the Internet platform on the basis of a public contract.

3. To carry out platform employment, the customer and the contractor register on the Internet platform and (or) in the platform employment mobile application.

The relationship between the Operator and the customer, as well as the contractor, is regulated in accordance with the Civil Code of the Republic of Kazakhstan.

4. If a contractor - a legal entity - engages workers to provide services and perform work using Internet platforms and (or) mobile applications for platform employment, labor relations with them are formalized in accordance with the Labor Code of the Republic of Kazakhstan.

Advertisement Code of the Republic of Kazakhstan and carrying out activities to provide services or perform work using Internet platforms and (or) mobile applications for platform employment.

2. The rate of social contributions payable by the Operator for performers who are individuals carrying out activities to provide services or perform work using Internet platforms and (or) mobile applications for platform employment, applying a special tax regime for the self-employed in accordance with the Tax Code of the Republic of Kazakhstan, is set at one percent of the object of calculation of social contributions.

The object of calculation of social contributions for performers who are individuals carrying out activities to provide services or perform work using Internet platforms and (or) mobile applications for platform employment, applying a special tax regime for the self-employed in accordance with the Tax Code of the Republic of Kazakhstan, is the income they received during the reporting month from carrying out activities to provide services or perform work using Internet platforms and (or) mobile applications for platform employment within the framework of this regime.

3. The rate of mandatory pension contributions payable by the Operator for performers who are individuals engaged in providing services or performing work using Internet platforms and (or) mobile applications for platform employment, applying a special tax regime for the self-employed in accordance with the Tax Code of the Republic of Kazakhstan, is set at one percent of the income accepted for calculating mandatory pension contributions.

Income accepted for the calculation of mandatory pension contributions is understood as income received by performers who are individuals carrying out activities to provide services or perform work using Internet platforms and (or) mobile applications for platform employment, applying a special tax regime for the self-employed in accordance with the Tax Code of the Republic of Kazakhstan, for the reporting month from carrying out activities to provide services or perform work using Internet platforms and (or) mobile applications for platform employment, within the framework of this mode.

At the same time, the income accepted for calculating mandatory pension contributions per month should not exceed the threshold established for the application of a special tax regime for self-employed people by the Tax Code of the Republic of Kazakhstan.

4. The rate of mandatory employer pension contributions payable by the Operator for performers who are individuals carrying out activities to provide services or perform work using Internet platforms and (or) mobile applications for platform employment, applying a special tax regime for the self-employed in accordance with the Tax Code of the Republic of Kazakhstan, is set at one percent of the income accepted for calculating the employer’s mandatory pension contributions.

Income accepted for calculating mandatory pension contributions of the employer is understood as income received by performers who are individuals carrying out activities to provide services or perform work using Internet platforms and (or) mobile applications of platform employment, applying a special tax regime for the self-employed in accordance with the Tax Code of the Republic of Kazakhstan, for the reporting month from carrying out activities to provide services or perform work using Internet platforms and (or) mobile applications of platform employment, within this mode.

Article 103. Participation of employers in ensuring employment of the population

Employers participate in the implementation of state policy in the field of employment by:

providing assistance in employment in compliance with the terms of labor and collective agreements in accordance with the Labor Code of the Republic of Kazakhstan;

2) development of a system of professional training for personnel;

3) training through educational organizations that implement educational programs for technical and vocational, post-secondary, higher and postgraduate education;

4) preservation and rational use of the human resources potential of qualified workers during structural changes;

5) providing jobs for organizing subsidized jobs;

6) accepting for available vacancies persons who applied for employment, including those sent by career centers, as well as private employment agencies, in accordance with the qualification requirements established in organizations;

7) creation of special jobs for the employment of persons with disabilities;

8) providing current vacancies and data on the projected creation of jobs in the context of in-demand specialties to career centers (labor mobility center) and (or) the Electronic Labor Exchange;

9) creation of jobs.

2. The employer is obliged:

post on the Electronic Labor Exchange information about the availability of vacancies within five working days from the date of their appearance, indicating working conditions and payment, with the exception of vacant positions of civil servants, elected government positions, deputies of Parliament and maslikhats, judges of the Republic of Kazakhstan, persons in military service, employees of special state, law enforcement agencies, civil protection bodies and state courier service, employees of the National Bank of the Republic of Kazakhstan and its departments, the authorized body for regulation, control and supervision of financial market and financial organizations;

2) provide the career center (labor mobility center) in writing or through the Electronic Labor Exchange with full information about the upcoming release of workers in connection with the termination of the activities of the employer - an individual or the liquidation of the employer - a legal entity, reduction in numbers or staff, a decrease in the volume of production and work and services performed, resulting in a deterioration in the economic condition of the employer, about the number and categories of employees who may be affected, indicating positions and professions, specialties, qualifications and wages the employees to be released and the period during which they will be released, at least one month before the start of the release;

3) employ an unemployed person in the declared workplace after completing his training at his request or reimburse the costs of a career center (labor mobility center) for training, with the exception of cases of liquidation of the employer - a legal entity or termination of the activities of the employer - an individual, reduction in the number or staff of employees, reduction in the volume of production and work and services performed, which resulted in a deterioration in the economic condition of the employer;

4) fulfill the established quota for the employment of persons with disabilities, with the exception of cases of liquidation of the employer - a legal entity or termination of the activities of the employer - an individual, reduction in the number or staff of employees, reduction in the volume of production, work performed and services provided, which resulted in a deterioration in the economic condition of the employer;

5) do not include discriminatory requirements in the world of labor in information about vacancies;

6) make pension and social contributions in accordance with this Code;

7) calculate (withhold) and transfer (pay) deductions and (or) contributions of employees in accordance with this Code and the legislation of the Republic of Kazakhstan on compulsory social health insurance.

3. The employer has the right:

employ persons who directly apply to him on equal terms with persons referred by career centers, as well as private employment agencies;

2) receive information about the state of the labor market free of charge;

3) receive from career centers services for the selection and referral of unemployed people to employment;

4) take part in the organization of temporary jobs;

5) receive a subsidy for the creation of special jobs for employing persons with disabilities.

Article 104. Consultation with career center employees

Career center employees provide applicants with information about:

the availability of available (vacant) jobs and the projected creation of jobs in the context of in-demand specialties;

2) opportunities and conditions for participation in active measures to promote employment;

3) guarantees, rights and obligations of job seekers and the unemployed.

Job seekers, the unemployed, candidates, as well as students studying in senior classes of secondary schools have the right to social vocational guidance.

2. Social professional orientation includes:

professional information about work activities, the state of the labor market, employment opportunities in an existing profession (specialty) or vocational training;

2) professional advice on choosing a place of work and profession based on professional knowledge, skills, personal interests, health status and labor market needs;

3) professional selection by establishing a person’s compliance with the qualification requirements defined for specific types of profession (specialty) and positions.

3. Social vocational guidance is carried out in the manner determined by the authorized state body.

4. Information about persons who have undergone social vocational guidance is posted by career centers in the unified information system of the social and labor sphere and (or) in the Electronic Labor Exchange.

Paragraph 3. Labor mediation

Article 106. Provision of labor mediation

Job seekers, unemployed people or employers who contact career centers and (or) private employment agencies have the right to labor mediation.

2. Career centers:

for employers:

carry out personnel selection;

2) advise on the organization and financing of subsidized jobs and vocational training;

3) organize vocational training at their request and conclude a social contract;

4) enter into agreements for the organization and financing of subsidized jobs;

5) fully or partially subsidize the wages of persons employed in subsidized jobs;

for applicants:

advise on participation in active measures to promote employment;

2) form an individual employment plan for the unemployed in order to ensure their sustainable integration into the labor market;

3) issue referrals for participation in active measures to promote employment.

3. Career centers provide labor intermediation in the manner determined by the authorized state body.

4. The Labor Mobility Center has the right to enter into an agreement on outsourcing services in the field of employment with a private employment agency.

Information on concluding an agreement on outsourcing services in the field of employment is posted by the labor mobility center on the Electronic Labor Exchange within ten working days from the date of its conclusion.

Private employment agencies applying for participation in the outsourcing of services in the field of employment must have appropriate experience, material and labor resources sufficient to fulfill obligations under the agreement on outsourcing services in the field of employment.

Rules for organizing and financing outsourcing of services, qualification requirements for private employment agencies applying for participation in outsourcing of services, a list of services offered as part of outsourcing, as well as a standard form of agreement on outsourcing of services in the field of employment are developed and approved by the authorized government body.

5. A private employment agency has the right:

advise applicants on employment issues;

2) provide information on employment opportunities and labor mediation services;

3) generate information about employers with vacancies and persons wishing to find employment;

4) select employees taking into account their compliance with the employer’s qualification requirements;

5) organize professional training and retraining of applicants with subsequent employment;

6) receive information from the labor mobility center about the state of the labor market free of charge;

7) interact with government agencies, labor mobility centers, career centers, employers on issues of employment, job creation, and vocational training;

8) participate in the outsourcing of services in the field of employment in accordance with this Code.

6. A private employment agency is obliged to:

do not allow any forms of discrimination;

2) ensure the confidentiality of information received from applicants;

3) prevent the exploitation of child labor, recruitment of people for sexual and (or) other exploitation;

4) enter into agreements with applicants for the provision of labor mediation services;

5) quarterly provide the labor mobility center through the Electronic Labor Exchange with information on the number of persons who applied for labor intermediation and were employed, by profession (specialty), as well as on persons registered in career centers and sent to private employment centers for employment.

Paragraph 4. Job quotas and organization of special jobs for the employment of persons with disabilities

Article 107. Job quotas

The following have the right to employment within the job quota established by local executive bodies of regions, cities of republican significance and the capital:

persons with disabilities;

2) persons registered with the probation service;

3) persons released from prison;

4) citizens from among the youth who lost or remained without parental care before reaching the age of eighteen, who are graduates of educational organizations.

2. Local executive bodies establish quotas in the amount of two to four percent for the employment of persons with disabilities to employers with a payroll of 50 people or more, excluding jobs in heavy work, work with harmful, dangerous working conditions in the manner determined by the authorized state body.

3. No quota is established for public associations of persons with disabilities, as well as organizations where the number of persons with disabilities is more than twenty percent of the average annual number of employees.

4. When establishing quotas provided for in paragraph 1 of this article, the payroll number of employees of the sending party does not take into account employees hired to work in accordance with the contract for the provision of personnel services.

Article 108. Organization of special workplaces for the employment of persons with disabilities

A special workplace is created for the employment of persons with disabilities and maintaining their employment for a period of at least twelve calendar months from the date of its creation in the manner determined by the authorized state body.

2. The creation of a special workplace for the employment of persons with disabilities is carried out by the employer on the basis of an agreement with career centers (labor mobility center). The workplace standard for persons with disabilities is approved by the authorized government body.

Paragraph 5. Active measures to promote employment

Article 109. Vocational training

Citizens of the Republic of Kazakhstan and candidates from among the unemployed have the right to vocational training once every two years.

2. Vocational training includes vocational training, retraining and advanced training and is carried out:

in educational organizations implementing educational training programs of technical and vocational, post-secondary education, training centers with employers who have the right to educational activities, in accordance with the legislation of the Republic of Kazakhstan in the field of education (hereinafter referred to as educational organizations) or at the employer’s workplace upon the employer’s request;

2) on the Electronic Labor Exchange according to the list of in-demand professions.

The procedure for organizing and financing vocational training is determined by the authorized state body.

3. A referral for vocational training is issued by a career center if:

it is impossible to find a suitable job due to the lack of necessary professional qualifications;

2) it is necessary to change the profession (specialty), occupation due to the lack of work that meets professional skills;

3) the ability to perform work in the previous profession has been lost.

4. Persons who have arbitrarily stopped their studies without good reason may be sent back to study after one calendar year from the date of re-registration as unemployed, but no more than once.

Article 110. Promotion of entrepreneurial initiative

The right to receive services to promote entrepreneurial initiative have certain categories of individuals, determined by the authorized government body.

2. Assistance to entrepreneurial initiative is provided by:

teaching the basics of entrepreneurship;

2) providing free grants for the implementation of new business ideas;

3) microcredit on a repayable basis.

3. The procedure for organizing and financing measures to promote entrepreneurial initiative is determined by the authorized state body.

Article 111. Organization of subsidized jobs

The right to employment in subsidized jobs has the unemployed, students and high school students in their free time from school, participating in work that does not cause harm to health and does not disrupt the learning process.

2. The employer, on a contractual basis with the career center, creates subsidized jobs, during the creation of which vacancies for permanent jobs cannot be used.

Subsidized jobs are not created in hard work, work with harmful and (or) dangerous working conditions.

3. The agreement on the organization of subsidized jobs between the employer and the labor mobility center is concluded through the Electronic Labor Exchange.

4. Subsidized jobs are organized to assist in acquiring initial work experience in the acquired profession (specialty) or maintaining existing work skills.

5. Labor Mobility Center:

determines supply and demand for the organization of subsidized jobs;

2) approves the list of organizations that submitted an application for the creation of subsidized jobs and the number of jobs to be organized.

6. Referral to subsidized jobs is allowed only with the consent of the persons specified in paragraph 1 of this article, taking into account their state of health, age, professional and other individual characteristics.

If the person specified in paragraph 1 of this article has not reached the age of eighteen, sending him to subsidized jobs is permitted with the consent of his legal representatives.

7. Persons who have arbitrarily stopped working in subsidized workplaces without good reason are deregistered as unemployed and can re-participate in active measures to promote employment only after three months from the date of re-registration as unemployed.

8. Persons employed in subsidized jobs are subject to the labor legislation of the Republic of Kazakhstan.

9. The list of subsidized jobs, requirements for persons employed in subsidized jobs, the amount and terms of subsidizing their wages are determined by the Government of the Republic of Kazakhstan.

10. The procedure for organizing subsidized jobs and subsidizing wages of persons employed in subsidized jobs is determined by the authorized state body.

Article 112. Promotion of voluntary resettlement to increase labor mobility

Job seekers and (or) unemployed persons, candidates, as well as employers have the right to participate in measures to promote voluntary resettlement to increase labor mobility.

2. The priority right for voluntary relocation to a new place of residence is enjoyed by:

pupils and graduates of educational organizations for orphans and children left without parental care, aged from sixteen to twenty-three years;

2) graduates of organizations of secondary, technical and vocational, post-secondary, higher and postgraduate education;

3) persons released due to the liquidation of an employer - a legal entity or termination of the activities of an employer - an individual, a reduction in the number or staff of employees, a decrease in the volume of production and work and services performed, which resulted in a deterioration in the economic condition of the employer.

3. Labor mobility centers assist in the voluntary relocation of persons to a new place of residence to ensure employment:

within one region - from villages with low economic potential to rural settlements, single-industry towns, cities of district (regional) significance with high economic development potential;

2) to regions determined by the Government of the Republic of Kazakhstan, within the framework of regional quotas for the reception of migrants and candidates in accordance with the legislation of the Republic of Kazakhstan in the field of migration, providing for voluntary resettlement.

4. State support for voluntarily resettled persons includes:

providing individuals and members of their families with financial assistance in the form of subsidies for relocation, reimbursement of expenses for hiring (renting) housing, paying for utilities, as well as certificates of economic mobility in the manner determined by the authorized state body, at the expense of budgetary funds, except for cases when the employee’s relocation is carried out at the expense of the employer;

2) provision of official housing or rooms in dormitories, with the exception of cases where the employer provides the employee with living quarters;

3) vocational training if there is a need for the employer;

4) assistance in employment and entrepreneurial initiative at a new place of residence;

5) assistance in finding employment with employers participating in voluntary resettlement measures to increase labor mobility, with the provision of employment subsidies.

5. The Labor Mobility Center concludes a social contract with the parties participating in voluntary resettlement in a form approved by the authorized government body.

6. The procedure for the voluntary resettlement of persons to increase labor mobility is determined by the authorized state body.

The right to social benefits in the event of job loss arises from the date of registration of a participant in the compulsory social insurance system as an unemployed person in accordance with Article 99 of this Code.

2. The recipient retains the right to receive social benefits in the event of job loss when the career center sends him to subsidized jobs or vocational training.

3. The period for applying for social benefits in the event of job loss cannot exceed twelve months from the date the right to social benefits in the event of job loss arose.

4. The amount of social benefits in case of job loss, not received on time or not received in full due to the fault of the State Corporation and (or) the Fund, is paid for the past time from the date the right to it arises without a time limit.

5. In case of receipt of social contributions to the Fund for the period that was accepted for calculating social payments in case of job loss, after the date of application for their assignment, the amount of assigned social payments in case of job loss to the recipient is not recalculated.

The basis for assigning a social benefit in the event of job loss is the application of a person entitled to a social benefit.

2. Submission of an application for the appointment of a social benefit in the event of job loss is not required when it is assigned through a proactive service in accordance with the Law of the Republic of Kazakhstan “On State and Socially Responsible Services”.

3. Social benefits in case of job loss are assigned if a participant in the compulsory social insurance system is registered as unemployed, regardless of the fact of his participation in subsidized jobs or in vocational training in the direction of a career center.

4. The procedure for calculating (determining) the amount, assigning, implementing, suspending, recalculating, renewing, terminating and revising the decision to assign (refuse to assign) social benefits in the event of job loss is determined by the authorized government body.

The grounds for refusing to accept an application for social benefits in the event of job loss are:

obtaining from the information system of the authorized state body information confirming the facts of appointment, the implementation of social benefits in the event of loss of work, filing an application or consent through a proactive service for its appointment;

2) submission by the applicant of an incomplete package of documents in accordance with the legislation of the Republic of Kazakhstan and (or) documents that have expired, and (or) documents that expire on the day the decision is made to assign or refuse to assign social benefits in the event of job loss;

4) lack of the right to receive social benefits in the event of job loss;

5) lack of the applicant’s consent to access restricted personal data, which is required to assign social benefits in the event of job loss;

6) failure to pay social contributions for a participant in the compulsory social insurance system for the last twenty-four months preceding the month of occurrence of social risk in the event of job loss;

7) a participant in the compulsory social insurance system has less than six months of experience in the system, determined in accordance with this Code.

2. The grounds for refusal to assign social benefits in the event of job loss are:

establishing the unreliability of the documents submitted by the applicant for the assignment of social benefits in the event of loss of work, and (or) the data (information) contained in them;

2) non-compliance of the applicant and (or) the submitted documents and (or) information necessary for the assignment of social benefits in the event of loss of work, with the requirements established by the legislation of the Republic of Kazakhstan;

3) failure to provide the document requested by the Fund during the inspection and (or) information necessary for the assignment of social benefits in the event of job loss.

The recipient of social benefits in the event of job loss has the right:

receive social benefits in the event of job loss in the manner prescribed by this Code;

2) request and receive free information from the State Corporation and the Fund on the procedure for assigning and receiving social benefits in the event of job loss;

3) appeal decisions, actions (inaction) of state bodies, the State Corporation and the Fund in the manner established by the laws of the Republic of Kazakhstan.

2. The recipient of social benefits in the event of job loss is obliged to:

submit complete and reliable documents (information) for the appointment of social benefits in case of loss of work in accordance with the legislation of the Republic of Kazakhstan;

2) during the period of receiving social benefits in case of loss of employment, inform the State Corporation about the circumstances that may serve as grounds for termination of the payment within ten working days;

3) make a return of excessively credited (paid) amounts of social benefits in the event of job loss on a voluntary basis, and in case of refusal - in court on the basis of a court decision that has entered into legal force.

Mandatory pension contributions in the amount of 10 percent are withheld from social benefits in the event of job loss and sent to the unified pension savings fund in accordance with this Code.

2. Deductions from social benefits in the event of job loss may be made through enforcement proceedings, with the exception of excessively credited (paid) amounts of social benefits in the event of job loss, which are withheld based on the application of the recipient.

3. Deductions from social benefits in case of job loss are made from the amounts due for payment.

4. More than 25 percent of the amount due for payment cannot be withheld from social benefits in case of loss of employment.

To a participant in the compulsory social insurance system, a social payment in the event of job loss is assigned from the date the right to social payment arises, but not longer than the period when the participant in the compulsory social insurance system reaches the age provided for in paragraph 1 of Article 207 of this Code, duration:

for one month - in the case when social contributions were made for it from six to twelve months;

for two months - in the case when social contributions were made for it from twelve to twenty-four months;

for three months - in the case when social contributions were made for it from twenty-four to thirty-six months;

for four months - in the case when social contributions were made for it from thirty-six to forty-eight months;

for five months - in the case when social contributions were made for it from forty-eight to sixty months;

for six months - in the case when social contributions for it were made for sixty months or more.

2. The amount of social benefits in case of job loss is determined by multiplying the average monthly income taken into account as an object for calculating social contributions by the corresponding income replacement coefficients and length of participation in the manner determined by the authorized government body, and is paid from the assets of the Fund.

3. The average monthly amount of income taken into account as an object for calculating social contributions is determined by dividing the amount of income from which social contributions were made for the last twenty-four calendar months (regardless of whether there were breaks in social contributions during this period) preceding the month in which the right to social benefits in the event of loss of employment became available by twenty-four.

For persons specified in Articles 101-1 and 102-1 of this Code, when calculating social benefits in case of job loss, income for each month from which social contributions were made is determined by dividing the amount of social contributions actually received per month by the rate of social contributions established by paragraph 1 of Article 244 of this Code.

The income replacement rate is 0.45.

The length of participation coefficient for a participant in the compulsory social insurance system is:

from six to twelve months – 0.7;

from twelve to twenty-four months – 0.75;

from twenty-four to thirty-six months – 0.85;

from thirty-six to forty-eight months – 0.9;

from forty-eight to sixty months – 0.95;

from sixty to seventy-two months – 1.0;

from sixty or more months - 0.02 is added to 1.0 for every twelve months of participation in the compulsory social insurance system, but not more than 1.3.

When determining the length of participation coefficient, the periods of receiving social benefits in case of loss of income due to restrictions on activities during the state of emergency, restrictive measures, periods of labor, entrepreneurial activity, private practice in types of activities to which, by decision of the Government of the Republic of Kazakhstan, an adjustment factor of 0 was applied to the rate of social contributions, as well as the period of activity of an employee whose employer was not a subject of the quasi-public sector and was engaged in the creation and broadcast of television programs and (or) radio broadcasting, and (or) publication of newspapers, magazines and (or) periodical publications, income from which from April 1, 2020 to October 1, 2020 was excluded from the income of an individual subject to taxation.

4. If the payer does not return the overpaid (erroneously) paid social contributions within the time limits and cases determined by the authorized state body, when calculating the amount of social benefits in the event of job loss, the amounts of overpaid (erroneously) paid social contributions are not taken into account.

5. Social benefits in case of job loss upon subsequent application are assigned based on the fact that for each month of previously received social benefits in case of job loss, twelve months are subtracted from the total length of participation in the compulsory social insurance system.

6. Social contributions received from income declared illegal on the basis of judicial acts and acts of the pre-trial investigation body, paid for the period taken into account when determining the amount of social payments, are not taken into account in subsequent applications by a participant in the compulsory social insurance system for the assignment of social payments in the event of loss of work.

Social benefits in case of job loss are suspended from the first day of the month following the month of receipt of information, including from information systems, about:

absence of debit transactions for three or more months on the recipient’s bank account. In this case, the social payment is resumed from the date of suspension;

2) expiration of the validity period of the identity document of a foreigner or stateless person, the candas certificate. At the same time, social benefits in the event of job loss are resumed from the day of issuance of an identification document of a foreigner or stateless person permanently residing in the territory of the Republic of Kazakhstan, a candas certificate;

3) the applicant provided false information, which resulted in an unreasonable determination of the amount of social benefits in the event of loss of work. In this case, social benefits in case of loss of employment are resumed in the amount determined in accordance with this Code from the date of suspension.

2. Social benefits in case of job loss are resumed at the request of the recipient on the basis of documents and (or) information received from information systems confirming the expiration of the circumstances that caused the suspension of social benefits, subject to the preservation of the right to social benefits in case of job loss.

3. Social benefits in case of job loss are terminated:

in the event of the death of the recipient (the entry into force of a court decision declaring him dead). In this case, social benefits in case of job loss are carried out until the month of the recipient’s death (until the month the court decision to declare him dead comes into force) inclusive;

2) in connection with the submission by the recipient of unreliable documents (information) that served as the basis for the decision to assign social benefits in the event of job loss. At the same time, social benefits in case of job loss are terminated from the date of its appointment;

3) in connection with the recipient’s application for termination of social benefits in the event of job loss. In this case, social benefits in case of job loss cease on the first day of the month following the month of filing the application;

4) from the first day of the month following the month the recipient was deregistered as unemployed at the career center;

5) from the first day of the month following the month of receipt of information about the termination of citizenship of the Republic of Kazakhstan by the recipient on the grounds provided for by the Law of the Republic of Kazakhstan “On Citizenship of the Republic of Kazakhstan”.

Targeted social assistance is provided to citizens of the Republic of Kazakhstan, kandas, refugees, foreigners and stateless persons permanently residing in the Republic of Kazakhstan, with an average per capita income not exceeding the poverty line.

2. Individuals (families) have the right to targeted social assistance in the form of unconditional cash assistance or conditional cash assistance.

3. The size of the poverty line in the Republic of Kazakhstan is determined by the authorized state body on the basis of the median income of the population, calculated by the state body in the field of statistics, on average per capita in percentage terms, depending on the economic capabilities of the state.

4. The poverty line for regions, cities of republican significance, and the capital is calculated quarterly by local executive bodies based on the size of the poverty line determined by the authorized state body.

The media publishes information about:

poverty line - quarterly by local executive bodies;

2) the share of the population with incomes below the subsistence level, in the republic, regions, cities of republican significance, the capital - annually by the authorized body in the field of state statistics.

5. Targeted social assistance is assigned to each family member entitled to receive it.

For the purpose of providing targeted social assistance, the family includes cohabiting family members who are bound by property and personal non-property rights and obligations arising from marriage (matrimony), kinship, property, adoption or other form of foster care of children, as well as cohabiting persons who actually cohabit but are not married, with the exception of persons who are:

on full state support;

2) in compulsory military service;

3) in places of deprivation of liberty, under compulsory treatment.

Cohabitation is not required:

persons or family members carrying out labor activities outside the family’s place of residence;

2) children living in a family and registered in another locality at the place of study in secondary education organizations due to the absence of an educational organization of this level at the family’s place of residence;

3) children studying in boarding schools, except for those who are fully supported by the state, as well as full-time students in organizations of technical and vocational, post-secondary, higher and (or) postgraduate education of the Republic of Kazakhstan, after they reach the age of eighteen until the time of graduation from educational organizations (but not more than until they reach the age of twenty-three).

Article 121. Unconditional financial assistance

Unconditional financial assistance is provided:

single and (or) low-income persons living alone with limited opportunities to participate in measures to promote employment in connection with:

reaching the retirement age established by paragraph 1 of Article 207 of this Code;

disability of the first or second group;

the presence of a disease for which a period of temporary disability of more than two months may be established;

2) low-income families in which there are no able-bodied persons or the only able-bodied member is caring for a child under three years of age, a child with a disability, a person with a disability of the first or second group, an elderly person in need of outside care and assistance.

Article 122. Conditional financial assistance

Conditional cash assistance is provided to single and (or) low-income able-bodied individuals living alone, as well as low-income families that include an able-bodied member(s), including individuals who are individual entrepreneurs whose activities have been suspended (a fact confirmed by the presence of a zero tax return submitted to the tax authority and (or) a tax application for suspension) in accordance with paragraph 6 of the article 115 and subparagraph 1) of paragraph 1 of Article 117 of the Tax Code of the Republic of Kazakhstan, subject to his (their) participation in measures to promote employment and (or) if necessary, social adaptation, with the exception of persons (families) specified in paragraph 4 of this article.

2. The conclusion of a social contract is a prerequisite for the assignment of conditional financial assistance.

A social contract with recipients of conditional cash assistance is concluded for the period of assignment of conditional cash assistance.

The forms of the social contract and individual assistance plan are approved by the authorized government body.

3. The social contract with recipients of conditional cash assistance is terminated if the low-income person (family) fails to fully comply with the terms of the social contract and individual plan measures, including participation in measures to promote employment and employment, as well as the submission of false information and (or) unreliable documents, which entailed the illegal assignment and (or) payment of conditional cash assistance.

Termination of the social contract is the basis for stopping the payment of conditional financial assistance to a person (family).

4. Participation in employment promotion measures is not a prerequisite for payment of conditional cash assistance:

persons with disabilities of the first and second groups;

2) full-time students, students, listeners, cadets and undergraduates;

3) persons with diseases for which a period of temporary disability of more than two months may be established;

4) one of the parents caring for a child under three years of age, persons caring for a child with a disability, persons with disabilities of the first and second groups, elderly people over eighty years of age who need outside care and assistance.

Only one able-bodied family member can be considered caring for a child under three years of age, a child with a disability, persons with disabilities of the first and second groups, elderly people over eighty years of age who need outside care and assistance;

5) persons who have a permanent job.

The applicant quarterly confirms the right to receive targeted social assistance in accordance with this chapter in the absence of information on income in the Digital Family Card.

2. The applicant is responsible for the accuracy of the information provided in accordance with the laws of the Republic of Kazakhstan.

3. Unconditional or conditional cash assistance is assigned to each family member entitled to receive it for the current quarter from the month of application and is paid monthly.

When assigning targeted social assistance in a proactive format, the day of application for provision is considered the day of receipt of the applicant’s consent to conduct a survey of the financial situation of a person (family) by the local commission.

4. Social work consultants and assistants provide assistance to recipients of targeted social assistance in implementing an individual plan and fulfilling their obligations under the social contract.

5. The assignment of targeted social assistance is carried out by the authorized body for the assignment of targeted social assistance within the amounts provided for by the relevant budget for the provision of targeted social assistance.

6. Local executive bodies of a district in a city, a city of district significance, a settlement, a village, a rural district shall identify low-income persons in accordance with Article 35 of the Law of the Republic of Kazakhstan “On Local State Administration and Self-Government in the Republic of Kazakhstan”.

7. The applicant and recipient have the right to appeal the actions (inaction) of the akim of the village, village, rural district and the decisions of the authorized body for the appointment of targeted social assistance and its officials to a higher body, court in the manner established by the laws of the Republic of Kazakhstan.

Article 124. Precinct commissions

Precinct commissions assist local executive bodies and akims of a town, village, rural district in providing targeted social assistance to the population.

Precinct commissions prepare opinions on the financial situation of individuals (families) who apply for targeted social assistance.

2. Precinct commissions may consist of representatives of local government bodies, public associations, associations of property owners of multi-apartment residential buildings, the population, organizations and authorized bodies of education, health care, social protection of the population, law enforcement officials.

3. Precinct commissions carry out their activities in accordance with the regulations on precinct commissions, approved by local executive bodies of regions, cities of republican significance, the capital in agreement with local representative bodies.

A standard regulation on precinct commissions, as well as criteria for determining the need for targeted social assistance based on the results of a survey of the applicant’s financial situation, are developed and approved by the authorized state body.

The basis for the precinct commission to issue a conclusion that there is no need to provide targeted social assistance to the applicant and (or) persons who meet the requirements of paragraph 1 of Article 120 of this Code is one of the following criteria:

the presence of more than one dwelling owned by him (them) on the right of ownership, including a dwelling that belonged to him (them) on the right of ownership, suitable for living in, which was alienated during the last five years before the moment of applying for targeted social assistance, except for the case when the total usable area of all dwellings does not exceed eighteen square meters per family member, as well as dwellings in disrepair, which is confirmed by the relevant act;

2) the presence in his (their) property, possession and (or) use of a separate premises used for profit;

3) the presence in his (their) property of a land plot intended for individual housing construction, provided that he (their) owns a dwelling, with the exception of the case of gratuitous provision of a land plot into private ownership by a local executive body;

4) the presence in his (their) property of more than one unit of a passenger car in technically sound condition, with the exception of large families and families that include children with disabilities, persons with disabilities of the first and second groups;

5) the presence in his (their) property and (or) temporary possession, use of agricultural machinery and (or) a bus, and (or) a minibus, and (or) a truck, and (or) a specialized and (or) special vehicle used for the transportation of passengers, luggage, cargo, or sea and (or) inland waterway and (or) air transport, which are in technically sound condition.

The local executive body, in agreement with the local representative body, may establish additional grounds for making a conclusion about the need or lack of need to provide targeted social assistance, taking into account the characteristics of the region and (or) the financial situation of the person (family).

2. Precinct commissions have the right to request from the relevant authorities the information necessary to conduct surveys.

The amount of targeted social assistance per person (family) is calculated by the authorized body for the assignment of targeted social assistance in the form of the difference between the average per capita income and the poverty line established in regions, cities of republican significance, the capital, based on each family member.

2. Additional payment for children in accordance with this Code is made for the period of assignment of targeted social assistance in the amount of 1.5 monthly calculation index established for the corresponding financial year by the law on the republican budget, for each child aged from one year to six years inclusive.

3. The recipient of targeted social assistance, within ten working days from the date of occurrence of circumstances that may serve as a basis for changing the amount of targeted social assistance or the right to receive it, is obliged to inform the career center, and in rural areas - the akim of the village, village, rural district.

4. Average per capita income for the quarter preceding the application and the amount of assigned targeted social assistance are recalculated in the following cases:

changes in family composition – from the date of change in family composition;

identification of facts or information not taken into account when determining the total family income, with the exception of the submission by the applicant of false information and (or) unreliable documents for the purpose of receiving targeted social assistance - from the month of application.

Excessively paid and (or) illegally received amounts of targeted social assistance are subject to return on a voluntary basis, and in case of refusal - in court.

Upon further receipt of targeted social assistance, overpaid and (or) illegally received amounts are withheld from subsequent payments.

5. Forms of reporting documentation in the field of targeted social assistance are developed and approved by the authorized government body.

Article 127. Calculation of average per capita income

The determination of the total income of a person (family) applying for targeted social assistance is made on the basis of an application submitted when applying for targeted social assistance, and (or) information obtained based on the data of the Digital Card of the family and (or) organizations.

Local executive bodies of the district (city of regional significance), taking into account the characteristics of the region, have the right to define livestock, poultry and land (land share) as not generating income.

The rules for calculating the total income of a person (family) applying for targeted social assistance are developed and approved by the authorized government body.

2. Average per capita income is calculated by dividing the total income received in the quarter preceding the quarter of application for targeted social assistance by the number of family members and by three months.

The grounds for refusal to assign targeted social assistance are:

exceeding the average per capita family income of the poverty line established in regions, cities of republican significance, and the capital;

2) the applicant’s refusal to conduct a financial survey by the precinct commission;

3) the conclusion of the precinct commission on the lack of need, prepared based on the results of a survey of the financial situation of the person (family);

4) refusal of an able-bodied family member, with the exception of persons specified in paragraph 4 of Article 122 of this Code, to participate in measures to promote employment - within six months from the date of refusal;

5) termination of a previously concluded social contract and (or) failure to fulfill obligations stipulated by the social contract through the fault of the recipient - within six months preceding the repeated application for targeted social assistance;

6) submission of knowingly false information and (or) unreliable documents for the purpose of targeted social assistance - within six months from the date of their submission.

The grounds for termination of payment of targeted social assistance are:

death of the applicant for targeted social assistance;

2) departure of the applicant for targeted social assistance for permanent residence to another city of republican or regional significance, district or outside the Republic of Kazakhstan;

3) termination of the social contract due to failure to fully comply with the terms of the social contract and individual plan measures, including participation in measures to promote employment and employment;

4) submission of false information and (or) unreliable documents, resulting in the illegal assignment and (or) payment of targeted social assistance.

Monitoring the correctness of the assignment and payment of targeted social assistance is carried out by the authorized state body, as well as local executive bodies as part of monitoring the execution of the relevant budget.

Methodological guidance for the appointment and payment of targeted social assistance is carried out by the authorized government body.

Persons (families) recognized as needing special social services have the right to receive special social services in the manner and under the conditions provided for by this Code.

Special social services include a guaranteed volume of special social services and an over-guaranteed volume of special social services.

2. The guaranteed volume of special social services is a unified list of special social services, approved by the authorized state body, and is provided at the expense of budgetary funds to individuals (families) recognized as needing special social services.

3. The over-guaranteed volume of special social services is provided at the expense of the recipient of special social services in accordance with the list and procedure approved by local representative bodies of regions (cities of republican significance and the capital), except for the case provided for in paragraph 3 of Article 133 of this Code.

4. Special social services must comply with the standards for the provision of special social services, approved by the relevant authorized bodies in the field of education, healthcare, social protection and other relevant central executive bodies.

5. The procedure for providing special social services to minors in an educational organization with a special regime of detention is approved by the Government of the Republic of Kazakhstan.

A person (family) is recognized as in need of special social services on the following grounds:

orphanhood;

2) lack of parental care;

3) neglect of minors, including deviant behavior;

4) placement of minors in special educational organizations, educational organizations with a special regime of detention;

5) limiting the possibilities of early psychophysical development of children from birth to three years;

6) disability and (or) persistent impairment of body functions due to physical and (or) mental capabilities;

7) limitation of life activity due to socially significant diseases and diseases that pose a danger to others;

8) inability to self-care due to old age;

9) cruel treatment leading to social maladjustment and social deprivation;

10) homelessness (persons without a fixed place of residence);

11) release from prison;

12) being registered with the probation service.

2. The criteria for assessing the presence of abuse leading to social maladaptation and social deprivation are determined by the Ministry of Internal Affairs of the Republic of Kazakhstan together with the authorized state body and authorized bodies in the field of health and education.

Forms of cruel treatment that lead to social maladaptation and social deprivation are actions related to domestic violence, trafficking in persons, including minors, and other types of exploitation, as well as kidnapping, regardless of whether criminal proceedings have been initiated regarding the actions committed.

3. The provision of special social services to a person (family) who is not (is not) in need of special social services on the grounds specified in paragraph 1 of this article, as well as to a person who has committed an administrative or criminal offense with the use of violence, for the period of special requirements established by the court, is carried out at the expense of the recipient of services in the manner determined by the authorized state body.

A person (family) recognized as needing special social services has the right:

apply for the provision of special social services;

2) receive information about their rights, obligations and the conditions for the provision of special social services;

3) take part in assessing and determining the need for special social services;

4) select entities that provide guaranteed and over-guaranteed volumes of special social services, with the exception of minors in educational institutions with a special regime of detention;

5) receive or refuse to provide special social services;

6) appeal the actions (inaction) of officials, as well as entities providing special social services, to a higher authority, court in the manner established by the laws of the Republic of Kazakhstan;

7) on the confidentiality of personal information that has become known to officials or entities providing special social services.

2. A person (family) recognized as needing special social services is obliged to:

provide complete and reliable information to determine the need and make a decision on the provision of special social services;

2) not interfere with the process of assessing and determining the need for special social services;

3) take care and bear joint responsibility for maintaining and strengthening their health;

4) promptly notify entities providing special social services about changes in circumstances affecting their provision;

5) follow the recommendations of specialists from organizations providing special social services;

6) respect the honor and dignity of social workers;

7) comply with the legislation of the Republic of Kazakhstan in the field of special social services.

Entities providing special social services have the right to:

participate in competitions for the provision of services to assess and determine the need for special social services provided at the expense of budgetary funds, in accordance with the legislation of the Republic of Kazakhstan on public procurement and on state social order, state order for the implementation of strategic partnerships, grants and awards for non-governmental organizations in the Republic of Kazakhstan;

2) provide an over-guaranteed volume of special social services;

3) assess and determine the need for special social services;

4) request and receive the necessary information from local executive bodies to assess and determine the volume and types of special social services, except for cases provided for by the legislation of the Republic of Kazakhstan.

2. Entities providing special social services are obliged to:

comply with the standards for the provision of special social services;

2) create the conditions necessary for the provision of special social services;

3) respect the dignity of recipients of special social services and members of their families;

4) treat recipients of special social services and members of their families humanely and not allow discriminatory actions;

5) ensure confidentiality when providing special social services, except for cases provided for by the legislation of the Republic of Kazakhstan;

6) provide training and advanced training for social workers.

3. The procedure for the activities of organizations providing special social services in the field of social protection is approved by the authorized state body.

Register of organizations providing special social services - an electronic list of organizations registered as providers on the social services portal.

Register of specialists providing special social services - an electronic list of specialists registered on the social services portal and providing special social services.

2. A register of organizations providing special social services and a register of specialists providing special social services are formed to record organizations and specialists in electronic form on the social services portal in the manner determined by the authorized state body.

3. Information contained in the register of organizations providing special social services and the register of specialists providing special social services is publicly available with the consent of organizations and specialists providing special social services.

Prevention of the need for special social services is aimed at identifying and preventing the reasons for which a person (family) is recognized as needing special social services.

Measures to prevent the emergence of a need for special social services are carried out by local executive bodies within the established competencies by:

identifying the grounds on which a person (family) may be recognized as potentially in need of special social services;

2) examining the living conditions of a person (family), determining the reasons influencing the deterioration of these conditions;

3) drawing up an individual action plan to help prevent the need for special social services;

4) analysis of the results of preventing the emergence of need for special social services;

5) monitoring and forecasting the social well-being of a family (person) based on data from the Digital Family Card.

Article 138-1. Early identification of persons (families) in difficult life situations

The authorized state body coordinates a set of organizational and practical measures with the participation of entities for early identification and organization of support (education, health, internal affairs authorities) to persons (families) in difficult life situations, including through an integrated model.

A person (family) in need of special social services, based on the data of the Digital Family Card at the place of residence, is sent a notification of consent to receive special social services.

The day of application for registration of documents for the provision of special social services through a proactive service is considered the day of receipt of consent to prepare documents for the provision of this service.

2. A person (family) in need of special social services due to homelessness (a person without a fixed place of residence), abuse leading to social maladjustment and social deprivation, shall be provided with special social services regardless of place of residence.

3. In the interests of a person (family) in need of special social services, an application for the provision of special social services indicating the reason why the person (family) does not apply on their own may be submitted by:

one of the adult family members;

2) guardian (trustee);

3) akim of a town, village, rural district;

4) a person by proxy in accordance with the civil legislation of the Republic of Kazakhstan;

5) an entity providing special social services to a person (family) in need of special social services due to:

ill-treatment leading to social maladjustment and social deprivation;

homelessness (a person without a fixed place of residence);

6) an organization that carried out measures to prevent the emergence of a need for special social services.

The provision of special social services is carried out on the basis of assessing and determining the need for special social services of a person (family) in need of special social services, determined by a social worker to assess and determine the need for special social services.

2. The criteria for assessing and determining the need for special social services are:

limitation of life activity;

2) social maladjustment;

3) social deprivation;

4) unfavorable social environment.

The provision of a guaranteed volume of special social services at the expense of budgetary funds is carried out on the basis of a decision of local executive bodies of districts, cities of regional, republican significance, the capital, with the exception of persons in need of special social services due to abuse that led to social maladjustment and social deprivation associated with human trafficking and homelessness.

Special social services at the expense of budgetary funds are provided to individuals (families) in need of special social services on the grounds specified in:

subparagraph 6) of paragraph 1 of Article 133 of this Code, in accordance with the individual program through the social services portal;

2) subparagraph 9) of paragraph 1 of Article 133 of this Code, in accordance with the criteria for assessing the presence of cruel treatment that led to social maladjustment and social deprivation;

3) subparagraphs 10), 11) and 12) of paragraph 1 of Article 133 of this Code, on the basis of an application;

4) subparagraphs 1), 2), 3), 4), 5), 7) and 8) of paragraph 1 of Article 133 of this Code, by decision of local executive bodies.

2. The provision of special social services at the expense of the recipient of special social services is carried out in accordance with an agreement concluded by a person (family) in need of special social services and entities providing special social services.

3. Persons (families) in need of special social services on the grounds specified in subparagraphs 6) and 8) of paragraph 1 of Article 133 of this Code, select entities from among the organizations providing special social services included in the register through the social services portal.

4. The grounds for refusal to provide special social services are:

non-compliance with the grounds specified in Article 133 of this Code;

2) unreliability of the information and documents provided;

3) the presence of medical contraindications to the provision of special social services.

Financing of entities providing special social services is carried out through:

budget funds in the manner established by the legislation of the Republic of Kazakhstan;

2) funds received for the provision of an over-guaranteed volume of special social services;

3) other sources that do not contradict the legislation of the Republic of Kazakhstan.

2. Financing of entities providing special social services in the field of social protection from budgetary funds established by the legislation of the Republic of Kazakhstan is implemented in accordance with the rules and methodology for setting tariffs for special social services, approved by the authorized government body.

Tariffs for the provision of special social services are approved by local executive bodies.

The procedure for paying for special social services is approved by the authorized state body.

Paragraph 4. National preventive mechanism

Article 143. National preventive mechanism

The national preventive mechanism operates in the form of a system for the prevention of torture and other cruel, inhuman or degrading treatment or punishment, operating through the activities of participants in the national preventive mechanism.

2. As part of their activities, participants in the national preventive mechanism visit entities providing special social services and other organizations determined by the laws of the Republic of Kazakhstan to be visited by these participants (hereinafter referred to as preventive visits).

3. Participants in the national preventive mechanism are the Commissioner for Human Rights in the Republic of Kazakhstan, as well as members of public supervisory commissions and public associations that carry out activities to protect the rights and legitimate interests of citizens, lawyers, social workers, and doctors, selected by the Coordination Council.

4. The Commissioner for Human Rights in the Republic of Kazakhstan coordinates the activities of participants in the national preventive mechanism, takes measures in accordance with the legislation of the Republic of Kazakhstan to ensure the necessary capacity and professional knowledge of participants in the national preventive mechanism.

5. Reimbursement of expenses of participants of the national preventive mechanism for preventive visits is carried out from budgetary funds in the manner determined by the Government of the Republic of Kazakhstan.

Article 144. Coordination Council

In order to ensure effective coordination of the activities of the national preventive mechanism, a Coordination Council is being created under the Commissioner for Human Rights in the Republic of Kazakhstan.

Members of the Coordination Council, with the exception of the Commissioner for Human Rights in the Republic of Kazakhstan, are elected by a commission created by the Commissioner for Human Rights from among citizens of the Republic of Kazakhstan.

2. The Commissioner for Human Rights in the Republic of Kazakhstan states:

regulations on the Coordination Council under the Commissioner for Human Rights in the Republic of Kazakhstan;

2) the procedure for selecting participants in the national preventive mechanism;

3) the procedure for forming groups from participants in the national preventive mechanism for preventive visits;

4) methodological recommendations for preventive visits;

5) the procedure for preparing an annual consolidated report based on the results of preventive visits.

3. The Coordination Council interacts with the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the United Nations Committee against Torture.

Article 145. Requirements for participants in the national preventive mechanism

Participants in the national preventive mechanism cannot be persons:

having a criminal record that has not been expunged or expunged in accordance with the procedure established by law;

2) suspected or accused of committing criminal offenses;

3) recognized by the court as incompetent or partially capable;

4) judges, lawyers, civil servants and military personnel, as well as employees of law enforcement and special government agencies, civil protection agencies;

5) registered with a psychiatrist and (or) narcologist.

2. Participants in the national preventive mechanism also cannot be persons exempted from criminal liability on non-rehabilitative grounds for committing an intentional crime; dismissed from state or military service, from service in civil protection bodies, from law enforcement and special government agencies, courts, or expelled from the bar for negative reasons; deprived of a license to practice law.

Article 146. Rights of a participant in the national preventive mechanism

A participant in the national preventive mechanism has the right to:

receive information on the number of persons held in organizations subject to preventive visits, the number of such organizations and their location;

2) have access to information regarding the treatment of persons held in organizations subject to preventive visits, as well as the conditions of their detention;

3) carry out preventive visits in the prescribed manner as part of formed groups;

4) conduct conversations with persons held in organizations subject to preventive visits and (or) their legal representatives without witnesses in person or, if necessary, through an interpreter, as well as with any other person who, in the opinion of a participant in the national preventive mechanism, can provide relevant information;

5) freely select and visit organizations subject to preventive visits;

6) receive reports and complaints about the use of torture and other cruel, inhuman or degrading treatment or punishment.

2. A participant in the national preventive mechanism is independent in the implementation of its activities.

Article 147. Responsibilities of participants in the national preventive mechanism

When exercising their powers, participants in the national preventive mechanism are required to comply with the legislation of the Republic of Kazakhstan.

2. Interference by participants of the national preventive mechanism in the activities of organizations subject to preventive visits is not allowed.

3. If there are circumstances that cast doubt on the impartiality of a participant in the national preventive mechanism who is part of the preventive visit group, he is obliged to refuse to participate in the preventive visit.

4. Participants in the national preventive mechanism are required to register received messages and complaints about the use of torture and other cruel, inhuman or degrading treatment or punishment in the manner determined by the Commissioner for Human Rights in the Republic of Kazakhstan.

Accepted messages and complaints are submitted for consideration to the Commissioner for Human Rights in the Republic of Kazakhstan in the manner prescribed by the legislation of the Republic of Kazakhstan.

Information about received and transmitted messages and complaints is included in the report based on the results of preventive visits.

5. Participants in the national preventive mechanism who violate the provisions of this Code bear responsibility established by the laws of the Republic of Kazakhstan.

Article 148. Termination of powers of a participant in the national preventive mechanism

The powers of a participant in the national preventive mechanism are terminated when:

violation of the provisions of this Code;

2) a written statement of resignation;

3) his death or the entry into force of a court decision declaring him dead;

4) leaving for permanent residence outside the Republic of Kazakhstan;

5) loss of citizenship of the Republic of Kazakhstan;

6) entry into force of a court conviction;

7) the occurrence of other cases provided for by the laws of the Republic of Kazakhstan.

Article 149. Types and frequency of preventive visits

Preventive visits to participants of the national preventive mechanism are divided into:

periodic preventive visits carried out on a regular basis at least once every four years;

2) intermediate preventive visits, carried out in the period between periodic preventive visits in order to monitor the implementation of recommendations based on the results of the previous periodic preventive visit, as well as to prevent persecution of persons with whom participants of the national preventive mechanism conducted conversations by the administrations of organizations subject to preventive visits;

3) special preventive visits conducted on the basis of received reports of torture and other cruel, inhuman or degrading treatment or punishment.

2. The Coordination Council determines the timing and list of organizations subject to preventive visits, within the allocated budget funds.

Article 150. Procedure for preventive visits

Preventive visits are carried out by groups formed by the Coordination Council from participants in the national preventive mechanism, in accordance with the rules approved by the Government of the Republic of Kazakhstan in agreement with the Commissioner for Human Rights in the Republic of Kazakhstan.

2. When forming groups for preventive visits, none of the participants in the national preventive mechanism may be subjected to any discrimination based on origin, social, official and property status, gender, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances.

3. Ensuring the safety of participants in the national preventive mechanism is the responsibility of the administration of organizations subject to preventive visits. In the event of unlawful actions by participants in the national preventive mechanism, the head of the administration of organizations subject to preventive visits informs the Commissioner for Human Rights in the Republic of Kazakhstan in writing.

4. Based on the results of each preventive visit, a written report is drawn up on behalf of the group in a form approved by the Coordination Council, which is signed by all members of the group that carried out the preventive visit. A group member who has a dissenting opinion puts it in writing and attaches it to the report.

Article 151. Annual consolidated report of participants in the national preventive mechanism

The Coordination Council prepares an annual consolidated report of the participants of the national preventive mechanism, taking into account their reports on the results of preventive visits.

2. The annual consolidated report of participants in the national preventive mechanism also includes:

recommendations to authorized government bodies on improving the conditions of treatment of persons held in organizations subject to preventive visits, and preventing torture and other cruel, inhuman or degrading treatment and punishment;

proposals for improving the legislation of the Republic of Kazakhstan.

The annual consolidated report of the participants of the national preventive mechanism is accompanied by a financial report on preventive visits for the past year.

3. The annual consolidated report of the participants of the national preventive mechanism is sent for consideration to the authorized state bodies and posted on the Internet resource of the Commissioner for Human Rights in the Republic of Kazakhstan no later than one month from the date of its approval by the Coordination Council.

Article 152. Confidentiality

Participants in the national preventive mechanism do not have the right to disclose information about the private life of a person that becomes known to them during preventive visits, without the consent of that person.

2. Disclosure by participants of the national preventive mechanism of information about the private life of a person that became known to them during preventive visits, without the consent of this person, entails liability established by the laws of the Republic of Kazakhstan.

Article 153. Interaction of authorized state bodies with participants in the national preventive mechanism

State bodies and their officials provide assistance to participants of the national preventive mechanism in carrying out their legal activities.

No government body or official has the right to restrict the rights and freedoms of citizens for reporting to participants in the national preventive mechanism about facts of torture and other cruel, inhuman or degrading treatment or punishment.

Officials who interfere with the legitimate activities of participants in the national preventive mechanism bear responsibility established by the laws of the Republic of Kazakhstan.

2. Authorized state bodies, within three months from the date of receipt of the annual consolidated report of the participants of the national preventive mechanism, inform in writing the Commissioner for Human Rights in the Republic of Kazakhstan about the measures taken based on the results of consideration of the received report.

3. Based on reports from participants in the national preventive mechanism based on the results of preventive visits, the Commissioner for Human Rights in the Republic of Kazakhstan, in the manner established by the legislation of the Republic of Kazakhstan, has the right to apply to authorized state bodies or officials with a petition (statement) to initiate proceedings or proceedings in cases of an administrative offense or a criminal case against an official who has violated the rights and freedoms of man and citizen.

Chapter 13. STATE SUPPORT OF PERSONS WITH DISABILITIES

Paragraph 1. General provisions

Article 154. Rights and obligations of persons with disabilities

Persons with disabilities in the Republic of Kazakhstan have the fullness of socio-economic and personal rights and freedoms enshrined in the Constitution of the Republic of Kazakhstan, other legislative acts of the Republic of Kazakhstan, including the rights to:

social protection, including habilitation, rehabilitation, integration into society;

2) providing conditions for receiving preschool education and training;

3) guaranteed volume of free medical care and medical care in the system of compulsory social health insurance in the manner determined by the legislation of the Republic of Kazakhstan;

4) guaranteed volume of special social services;

5) vocational training and retraining, restoration of working capacity and employment;

ensuring access to infrastructure facilities, information technology, transport, information, spectacular cultural events, sports competitions and government services;

7) exercising one’s right to vote and be elected;

8) housing in accordance with the housing legislation of the Republic of Kazakhstan;

9) priority service in government and other organizations, including healthcare, cultural, communications, transport, and service organizations.

2. Persons with disabilities are obliged to:

provide complete and reliable information, including about the state of their health, in accordance with the legislation of the Republic of Kazakhstan;

2) undergo preventive medical examinations, screening studies in the manner determined by the legislation of the Republic of Kazakhstan in the field of healthcare;

3) carry out the recommended activities of the individual program;

4) take part in socialization and integration into society.

Determination of disability, the degree of loss of ability to work of a person is carried out through an in-person or absentee medical and social examination by an authorized state body.

2. Referral for a medical and social examination by a medical advisory commission is carried out in the manner determined by the authorized body in the field of healthcare.

3. Medical and social examination is carried out on the basis of a comprehensive assessment of the state of the body based on an analysis of the clinical, functional, social, professional and psychological data of the person being examined using classifications and criteria in the manner determined by the authorized state body.

4. The applicant is denied a medical and social examination:

when submitting expired documents;

when submitting an incomplete package of documents;

when applying to the medical and social examination department for an in-person examination not at the place of permanent registration.

5. Based on the results of a medical and social examination, disability and (or) the degree of loss of ability to work are not established in cases where there are no persistent violations of body functions that lead to limitation of one of the categories of life activity.

6. When a person is diagnosed with disability and (or) the degree of loss of ability to work is determined, the reasons, timing, need for social protection measures are determined, and the social and professional parts of the individual program are developed.

7. Depending on the degree of impairment of body functions, limitations in life activity, rehabilitation prognosis and potential, the following categories are established:

to a person when determining disability:

up to the age of seven – category “child with a disability” for 6 months, 1 year, 2 years, 5 years or until the age of seven;

from seven years of age to eighteen years of age - categories “child with a disability of the first group”, “child with a disability of the second group”, “child with a disability of the third group” for 6 months, 1 year, 2 years, 5 years or until the age of eighteen;

over eighteen years of age – disability groups “first disability group”, “second disability group”, “third disability group” for 6 months, 1 year, 2 years, 5 years or without a re-examination period;

2) to a participant in the compulsory social insurance system in the event of a social risk resulting in loss of ability to work - the degree of loss of general ability to work from 30 to 100 percent inclusive for 6 months, 1 year, 2 years, 5 years, until the age of eighteen, until the participant in the compulsory social insurance system reaches the age provided for in paragraph 1 of Article 207 of this Code.

If the degree of loss of general ability to work is established for a person with a disability with the next period of re-examination, the degree of loss of general ability to work is established before the end of the period of disability for this social risk;

3) an employee who has received an industrial injury and (or) an occupational disease associated with the performance of his labor (official) duties - the degree of loss of professional ability to work from 5 to 100 percent inclusive for 6 months, 1 year, 2 years, 5 years or without a re-examination period.

If the degree of loss of professional ability to work is established for a person with a disability with the next period of re-examination, the degree of loss of professional ability to work is established before the end of the period of disability due to an industrial injury and (or) occupational disease.

8. The following causes of disability and (or) degree of disability are determined:

general illness;

2) work injury;

3) occupational disease;

4) disability since childhood;

5) disability of children under seven years of age;

6) disability of children from seven to eighteen years of age;

7) wounds, concussions, mutilations, diseases received in the performance of official duties, during military service, during liquidation of the consequences of accidents at nuclear facilities for civil or military purposes or as a result of emergencies at nuclear facilities, as a result of an accident not related to the performance of military service duties (official duties), or diseases not related to the performance of military and official duty, subject to the establishment of a cause-and-effect relationship by the authorized body of the relevant field of activity;

8) disability due to emergency environmental situations, including due to radiation exposure during nuclear explosions and tests and (or) their consequences, subject to the establishment of a cause-and-effect relationship by the authorized body of the relevant field of activity.

The causes of disability specified in subparagraphs 7) and 8) of this paragraph are issued in strict accordance with the above wording of the authorized body that established the causal relationship.

9. For employees who have received an industrial injury and (or) an occupational disease associated with the performance of their labor (official) duties, the following reasons for the degree of loss of professional ability are established:

work injury;

2) occupational disease.

10. Persons with disabilities and (or) loss of ability to work undergo re-examination in compliance with the established deadlines for disability and the degree of loss of ability to work.

11. In case of disagreement with the results of the medical and social examination, the person and (or) legal representative contact the authorized state body.

Consideration of appeals against decisions of medical and social examination departments and control on issues of medical and social examination are carried out by the department of methodology and control of medical and social examination in the manner established by the laws of the Republic of Kazakhstan.

12. The department of methodology and control of medical and social examination, when identifying the fact of submitting unreliable documents for medical and social examination and (or) unfounded issuance of an expert opinion, draws up a protocol on the basis of which, until the re-examination for control and the issuance of an expert opinion, payments and benefits related to the determination of disability and (or) degree of disability are suspended.

13. During a state of emergency, for persons whose re-examination date came no more than a month before the introduction of a state of emergency and during a state of emergency and who did not undergo re-examination during the specified period, the terms of disability, degree of disability and individual program are automatically extended for the period of the state of emergency.

The month of the end of the state of emergency is counted in full.

Article 156. Features of absentee proactive examination

When establishing disability and the degree of loss of ability to work in an absentee proactive format, the authorized state body engages independent medical and social experts to conduct a medical and social examination on the basis of a contract for the provision of expert services.

2. The procedure for maintaining the register of independent medical and social experts, as well as the grounds for inclusion in the register and exclusion from it, are determined by the authorized state body.

3. The procedure and criteria for assessing the results of the work of independent medical and social experts are determined by the authorized state body.

4. The procedure for paying for the services of independent experts of medical and social examination and tariffs for the services of independent experts of medical and social examination are approved by the authorized state body.

5. An absentee proactive examination is carried out according to the list of nosological forms determined by the authorized state body together with the authorized body in the field of healthcare.

Article 157. Individual program

An individual program is developed based on an assessment of the individual needs of a person with a disability for the period of disability determination and determines a set of measures, including medical, social, professional measures aimed at the formation, development, restoration and (or) compensation of impaired and (or) lost body functions, in the manner determined by the authorized state body.

2. The individual program also includes the names of technical auxiliary (compensatory) means, special means of transportation and services that a person with disabilities needs, in accordance with the classifier of technical auxiliary (compensatory) means, special means of transportation and services provided to persons with disabilities, in the manner determined by the authorized state body.

3. A person with a disability is provided with individual program activities free of charge within the limits of the guaranteed amount to reimburse the cost of goods, services and the guaranteed volume of special social services and (or) on a reimbursable basis, in the payment of which the person with a disability or the employer, through whose fault the work injury or occupational disease was received, participates.

Paragraph 2. Habilitation and rehabilitation of persons with disabilities

Article 158. Specialized organizations of persons with disabilities

Specialized organizations of persons with disabilities are public associations of persons with disabilities, as well as organizations in which one hundred percent of the participation shares belong to public associations of persons with disabilities, provided that such associations and organizations meet the following conditions:

the average annual number of persons with disabilities is at least 51 percent of the total number of employees;

expenses for remuneration of persons with disabilities for the year are at least 35 percent of total expenses for remuneration.

2. Central and local executive bodies interact with public associations of persons with disabilities and their authorized representatives when:

preparing and making decisions affecting the interests of persons with disabilities;

2) organizing, together with the authorized body in the field of physical culture and sports or local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, sporting events;

3) organizing educational and cultural events together with authorized territorial cultural bodies.

3. To public associations of persons with disabilities, as well as their organizations, the transfer of ownership of land plots built up with buildings (structures) in their ownership from state property to private property is carried out free of charge in cases provided for by the laws of the Republic of Kazakhstan.

In the event of termination of the activities of public associations of persons with disabilities or alienation of real estate from the property of public associations of persons with disabilities, their organizations, land plots in their ownership shall be returned to the ownership of the state.

4. Public associations of persons with disabilities have the right to participate in the formation of state policy in the field of social protection of persons with disabilities by:

making proposals to central and local executive bodies to ensure the protection of the rights and legitimate interests of persons with disabilities;

2) participation in assessing the effectiveness of the implementation of state policy on ensuring the rights and improving the quality of life of persons with disabilities;

3) making proposals to the regulatory legal acts of the Republic of Kazakhstan being developed on issues of social protection of persons with disabilities.

Article 159. Prevention of disability

Prevention of disability includes a set of medical and non-medical measures aimed at early diagnosis, prevention of the progression of diseases in the early stages and their consequences, control of already developed complications, damage to organs and tissues, as well as measures to protect health, improve the ecological environment of humans, promote a healthy lifestyle, ensure safe working conditions, prevent injuries at work, and reduce occupational diseases.

2. Prevention of disability is carried out by relevant state bodies, local executive bodies, organizations and employers in accordance with the legislation of the Republic of Kazakhstan.

Article 160. Medical rehabilitation (habilitation)

Medical rehabilitation (habilitation) is carried out by medical workers in accordance with clinical protocols, standards and rules for the provision of medical care.

Medical habilitation is carried out for children with congenital functional limitations until they reach the age of three years.

2. A medical organization develops the medical part of an individual rehabilitation (habilitation) program for persons with disabilities, indicating the volume of medical services, types and timing of rehabilitation (habilitation), and carries out its implementation.

3. Providing persons with disabilities and children with disabilities with sanatorium-resort treatment is carried out through the portal of social services in the manner determined by the authorized state body, with the exception of cases provided for in Article 169 of this Code.

4. A person with a disability who has received a work injury or occupational disease due to the fault of the employer, the costs of sanatorium and resort treatment are reimbursed by the employer in accordance with the legislation of the Republic of Kazakhstan, except for the cases provided for in paragraphs 5 and 6 of this article.

5. If a court decision declaring him bankrupt comes into force in relation to an employer, sanatorium and resort treatment for a person with a disability who has received a work injury or occupational disease through the fault of the employer is provided in accordance with paragraph 3 of this article.

6. In the event of termination of the activities of the employer - an individual entrepreneur or the liquidation of a legal entity, sanatorium and resort treatment for a person with a disability who has received a work injury or occupational disease due to the fault of the employer is provided in accordance with paragraph 3 of this article.

Social habilitation and rehabilitation of persons with disabilities includes:

provision of technical auxiliary (compensatory) and special means of transportation and training in their use;

2) provision of special social services;

3) provision of services of an individual assistant for persons with disabilities of the first group who have difficulty moving;

4) provision of services of a sign language specialist for a person with a hearing disability;

5) other types of social habilitation and rehabilitation in accordance with the individual program, determined by the authorized state body.

2. Social habilitation and rehabilitation of persons with disabilities is carried out by organizations providing special social services in the field of social protection, healthcare and education, including psychological, medical and pedagogical consultations, rehabilitation centers, psychological and pedagogical correction rooms, as well as other specialized organizations.

Article 162. Providing persons with disabilities with prosthetic and orthopedic assistance, technical auxiliary (compensatory) means and special means of transportation

Persons with disabilities, in accordance with an individual program, are provided with hearing aids, prosthetic and orthopedic assistance, technical auxiliary (compensatory) means and special means of transportation in accordance with the classifier of technical auxiliary (compensatory) means, special means of transportation and services provided to persons with disabilities.

2. The provision of hearing aids, prosthetic and orthopedic care, technical auxiliary (compensatory) aids and special means of transportation, including the timing of their replacement, is carried out in the manner determined by the authorized state body, through the social services portal, with the exception of cases provided for in Article 169 of this Code.

3. Prosthetic and orthopedic care consists of providing medical services for prosthetics, providing persons with disabilities with prosthetic and orthopedic devices manufactured to individual orders, as well as training in their use.

The provider of prosthetic and orthopedic care, depending on the characteristics of the manufactured prosthetic and orthopedic device, determines the need for stationary prosthetics.

Hearing and prosthetic care consists of providing medical services for prosthetics, providing services for replacing and adjusting a speech processor to a cochlear implant, as well as training in their use.

Payment of expenses associated with inpatient prosthetics and (or) travel for prosthetics is carried out in the manner determined by the authorized state body.

4. Persons with disabilities from a work injury or occupational disease received through the fault of the employer are provided with prosthetic and orthopedic assistance, technical auxiliary (compensatory) means and special means of transportation according to an individual program at the expense of the employer in accordance with the legislation of the Republic of Kazakhstan.

5. In cases of termination of the activities of an employer - an individual entrepreneur or liquidation of a legal entity, as well as the entry into force of a court decision declaring him bankrupt, prosthetic and orthopedic assistance, technical auxiliary (compensatory) aids and special means of transportation to a person with a disability who has received a work injury or occupational disease due to the fault of the employer, are provided in accordance with paragraph 1 of this article.

6. Technical auxiliary (compensatory) means and special means of transportation are subject to mandatory certification for compliance with the requirements of the certification system in accordance with the legislation of the Republic of Kazakhstan.

Article 163. Providing persons with disabilities with the services of an individual assistant and a sign language specialist

Persons with disabilities, in accordance with an individual program, are provided with the services of an individual assistant and (or) a sign language specialist in the manner determined by the authorized state body.

2. The services of an individual assistant are provided to persons with disabilities of the first group who have difficulty moving, at the rate of no more than eight hours a day in the manner determined by the authorized state body.

The services of an individual assistant for a person with a disability of the first group who has difficulty moving are not provided when assigning and paying a state benefit to the person caring for him in the manner prescribed by Article 187 of this Code.

An individual assistant carries out activities on the basis of an agreement concluded in accordance with the civil legislation of the Republic of Kazakhstan.

An individual assistant cannot be a person:

registered with specialized organizations providing medical care in the field of mental health;

2) having contraindications to the provision of services due to health reasons based on a medical report;

3) under eighteen years of age;

4) who have not completed vocational training as part of active employment measures;

5) who has reached the retirement age established by paragraph 1 of Article 207 of this Code, with the exception of cases when the individual assistant for a person with a disability of the first group is his close relative or spouse;

6) having a criminal record that has not been expunged or expunged in accordance with the procedure established by law;

7) recognized by the court as incompetent or partially capable.

3. The services of a sign language specialist for persons with hearing disabilities are provided at the rate of no more than sixty hours per year in the manner determined by the authorized state body.

4. Persons with disabilities, in accordance with an individual program, select an individual assistant and (or) a sign language specialist through the social services portal.

Payment for the services of an individual assistant and a sign language specialist is made by local executive bodies within the guaranteed amount.

Special social services for persons with disabilities are provided in inpatient, semi-inpatient and home settings in the manner determined by the authorized state body.

2. The provision of special social services to persons with disabilities is carried out by entities providing special social services in accordance with Article 135 of this Code.

Article 165. Vocational rehabilitation of persons with disabilities

Vocational rehabilitation of persons with disabilities includes vocational guidance, vocational training (retraining), employment and is implemented in accordance with Chapter 10 of this Code.

2. The employer, at his own expense in accordance with this Code, provides persons with disabilities from a work injury and (or) occupational disease received through the fault of the employer, vocational training or retraining, and the creation of special jobs for their employment.

Paragraph 3. Procedure for providing persons with disabilities with goods and services

Social services portal is an information object that represents a single point of access to goods and services, services for transporting persons with disabilities by taxi, provided by suppliers for persons with disabilities on the terms of reimbursement by local executive bodies of their cost within the guaranteed amount in accordance with this Code.

2. Support and system-technical maintenance of the social services portal is carried out by the Center for Human Resources Development.

3. Relations between persons with disabilities and suppliers of goods and services, services for transporting persons with disabilities by invataxi, related to the acquisition of goods and services through the portal of social services, services for transporting persons with disabilities by invataxi, are regulated by the civil legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on the protection of consumer rights, as well as an agreement concluded on the portal of social services, the form of which is approved by the authorized government body.

Suppliers of goods and (or) services, services for transporting persons with disabilities by taxi on the social services portal are legal entities and individuals engaged in business activities.

2. Registration of suppliers of goods and (or) services, services for transporting persons with disabilities by invataxi or their deregistration on the social services portal, as well as the admission of goods and services to the social services portal are carried out in the manner determined by the authorized state body, after receiving the conclusion of the commission on the issues of the social services portal.

3. The commission on the issues of the social services portal (hereinafter referred to as the commission) is created by the decision of local executive bodies of regions, cities of republican significance, the capital and carries out its activities on an ongoing basis in accordance with the standard regulations on the commission on the issues of the social services portal, approved by the authorized state body.

4. Local executive bodies monitor:

the characteristics of goods and (or) services provided to persons with disabilities through the social services portal declared by the supplier for compliance with the classifier of technical auxiliary (compensatory) means, special means of transportation and services provided to persons with disabilities;

2) services for transporting persons with disabilities by private taxi for compliance with the requirements in the manner determined by the central executive body in charge of the field of road transport.

5. The commission considers appeals from the local executive body, persons with disabilities and suppliers of goods and services, services for transporting persons with disabilities by invataxi registered on the social services portal, and if violations are identified, it sends a notice of the need for elimination. In case of failure to eliminate it within the period specified in the notification, the commission decides to remove the provider from the social services portal.

6. Providers who:

have a certificate of conformity or a declaration of conformity for the supplied goods, subject to mandatory confirmation of conformity;

2) have a registration certificate for the supply of technical auxiliary (compensatory) means and special means of transportation related to medical devices subject to state registration and re-registration;

3) submitted documents confirming the compliance of the goods supplied and (or) the provision of services with the requirements of the classifier of technical auxiliary (compensatory) means, special means of transportation and services provided to persons with disabilities;

4) do not have tax debts or debts on social payments;

5) are not subject to bankruptcy or liquidation proceedings;

6) are not included in the register of unscrupulous participants in public procurement in accordance with the legislation of the Republic of Kazakhstan on public procurement;

7) are not included in the register of unscrupulous procurement participants and (or) the list of unreliable potential suppliers (suppliers) of the National Welfare Fund, provided for by the legislation of the Republic of Kazakhstan on procurement of individual entities of the quasi-public sector;

8) submitted documents confirming the origin, characteristics and price for the sale of goods and (or) provision of services;

9) have a license to carry out activities that require obtaining a license in accordance with the Law of the Republic of Kazakhstan “On Permits and Notifications”;

10) have a document confirming their qualifications in providing the services of a sign language specialist;

11) are included in the state electronic register of permits and notifications in accordance with the Law of the Republic of Kazakhstan “On Permits and Notifications” and comply with the requirements established by the central executive body in charge of the field of road transport.

The requirements of part one of this article do not apply to the services of an individual assistant.

The requirements of subparagraphs 1), 2), 3), 8), 9) and 10) of part one of this paragraph do not apply to services for transporting persons with disabilities by invataxi.

7. The provider is deregistered from the social services portal in the following cases:

submitting an application for deregistration on the social services portal;

2) death or termination of the activities of an individual carrying out entrepreneurial activities, termination of the activities of a legal entity;

3) inclusion in the register of unscrupulous participants in public procurement in accordance with the legislation of the Republic of Kazakhstan on public procurement;

4) inclusion in the register of unscrupulous procurement participants and (or) the list of unreliable potential suppliers (suppliers) of the National Welfare Fund, provided for by the legislation of the Republic of Kazakhstan on procurement of individual entities of the quasi-public sector;

5) the commission’s conclusion on deregistration on the social services portal in accordance with paragraph 2 of this article;

6) exclusions from the state electronic register of permits and notifications in accordance with the Law of the Republic of Kazakhstan “On Permits and Notifications”.

Deregistration from the social services portal in accordance with subparagraphs 1), 3), 4) and 5) of part one of this paragraph does not relieve the supplier from fulfilling the obligations assumed by him through the social services portal on the date of deregistration.

In the case specified in subparagraph 5) of part one of this paragraph, a person with a disability, no later than fourteen calendar days from the day when he became aware of the non-fulfillment and (or) improper fulfillment of the obligations undertaken by the supplier, posts relevant information on the social services portal.

This information is reviewed by a commission within ten working days from the date of posting, which determines the presence or absence of violations on the part of the supplier.

If a supplier is deregistered from the social services portal on the grounds provided for in subparagraphs 3) and 4) of part one of this paragraph, subsequent registration on the social services portal is possible after information about him has been removed from the relevant register and (or) list.

If a supplier is deregistered from the social services portal on the grounds provided for in subparagraph 5) of part one of this paragraph, its subsequent registration on the social services portal is possible no earlier than one year from the date of deregistration.

8. The supplier sells on the social services portal goods and (or) services that meet the requirements of the classifier of technical auxiliary (compensatory) means, special means of transportation and services provided to persons with disabilities.

In cases where it is revealed that suppliers are selling goods and (or) services through the social services portal of inadequate quality and (or) that do not correspond to the presented characteristics, as well as failure to comply with the requirements of the contract concluded on the social services portal, their cost is reimbursed at the expense of the suppliers.

Footnote: Footnote. The title of Article 168 as amended by the Law of the Republic of Kazakhstan dated June 30, 2025 No. 204-VIII (shall be brought into force upon the expiration of sixty calendar days after the day of its first official publication).

Persons with disabilities place orders for the purchase of goods and (or) services in accordance with the recommendations in the individual program, with the exception of services for transporting persons with disabilities by invataxi.

Orders for the provision of services for the transportation of persons with disabilities by invataxi are carried out by persons with disabilities specified in the rules for the provision of services for the transportation of persons with disabilities by road transport, who have valid conclusions of a medical advisory commission issued for the period of determination of disability through the social services portal.

2. An order for the purchase of goods and (or) services by a person with a disability is carried out within two months from the date of notification of him about the sending of individual program activities to the social services portal.

3. A person with a disability has the right to compensation from local executive bodies for the cost of goods and (or) services, but not more than the guaranteed amount established in the manner determined by the authorized state body.

The difference between the guaranteed amount and the actual cost of purchased goods and (or) services is paid by a person with a disability independently at his own expense.

3-1. A person with a disability, specified in part two of paragraph 1 of this article, has the right to reimbursement of the cost of services for transporting persons with disabilities by invataxi based on the methodology for determining the guaranteed amount provided as compensation for the cost of goods and (or) services, services for transporting persons with disabilities by invataxi, purchased by persons with disabilities through the social services portal.

The guaranteed amount provided as reimbursement for the cost of services for transporting persons with disabilities by invataxi is paid in an amount determined by local executive bodies at the expense of local budget funds.

4. One of the legal representatives accompanying a child with a disability for sanatorium-resort treatment has the right to reimbursement by local executive bodies of the cost of stay in a sanatorium-resort organization in the amount of seventy percent of the guaranteed amount provided as compensation for the cost of sanatorium-resort treatment, determined by the authorized state body.

5. The guaranteed amount provided as compensation for the cost of goods and (or) services, with the exception of services for transporting persons with disabilities by taxi, is paid in the manner and amount determined by the authorized government body.

Article 169. Providing persons with disabilities with goods and services, services for transporting persons with disabilities by invataxi in accordance with the legislation of the Republic of Kazakhstan on public procurement

Footnote: Footnote. The title of Article 169 as amended by the Law of the Republic of Kazakhstan dated June 30, 2025 No. 204-VIII (shall be brought into force upon the expiration of sixty calendar days after the day of its first official publication).

Persons with disabilities are provided with goods and services, services for transporting persons with disabilities by invataxi in accordance with the legislation of the Republic of Kazakhstan on public procurement in the following cases:

the absence of suppliers of goods and services on the social services portal based on the conclusion of the commission;

1-1) the absence of service providers for transporting persons with disabilities by taxi at their place of residence based on the conclusion of the commission;

2) provision of prosthetic and orthopedic care, hearing care with the provision of hearing aids, services for replacing and adjusting a speech processor to a cochlear implant, and special mobility aids manufactured to individual orders of persons with disabilities.

Persons with disabilities have the right to social protection in the form of:

state social benefits for disability;

2) social benefits in case of loss of ability to work;

3) state benefits assigned and paid to the mother or father, adoptive parent, guardian (trustee) raising a child with a disability (children with disabilities) (hereinafter referred to as the benefit for raising a child with a disability);

4) state benefits for persons caring for a person with a disability of the first group (hereinafter referred to as the benefit for the person caring for them).

2. The rights provided for in this article are exercised in the manner and under the conditions provided for by this Code.

3. By decision of local executive bodies, employers and other organizations, persons with disabilities may be provided with additional measures of social assistance.

The basis for the assignment of a state social disability benefit, a benefit for a person raising a child with a disability, or a benefit for a caregiver (hereinafter referred to as state benefits for persons with disabilities) is an application from a person entitled to state benefits for persons with disabilities or his legal representative.

When a person with a disability of the first group is in an institution of the penal system, the administration of the institution of the penal system assists him in filing an application.

In this case, a convicted person with a disability of the first group agrees with the head of the institution of the penal system on the candidacy of a person caring for him.

2. The basis for assigning social benefits in the event of loss of ability to work is an application from a participant in the compulsory social insurance system who has the right to receive social benefits in the event of loss of ability to work, or his legal representative.

3. Submission of applications for the appointment of state benefits for persons with disabilities, social benefits in case of loss of ability to work is not required when they are assigned through a proactive service in accordance with the Law of the Republic of Kazakhstan “On State and Socially Responsible Services”.

4. The authorized state body determines the procedure for:

calculation (determination) of the amounts, assignment, payment, suspension, recalculation, renewal, termination and review of the decision on the assignment (refusal to assign) state social benefits for disability;

calculation (determination) of the size, assignment, implementation, suspension, recalculation, renewal, termination and review of the decision on the assignment (refusal to assign) social benefits in case of disability;

assignment and payment of state benefits assigned and paid to the mother or father, adoptive parent, guardian (trustee) raising a child with a disability (children with disabilities), state benefits to persons caring for a person with a disability of the first group.

5. State benefits for persons with disabilities are assigned for the entire period of disability established by the medical and social examination unit.

When a person with a disability of the first group is in an institution of the penal system, a benefit to the person caring for him is assigned until the end of the criminal sentence of the person with a disability of the first group.

6. Social payment in case of loss of ability to work is assigned from the date the right to social payment arises for the entire period of loss of ability to work, established by the medical and social examination unit, but not more than the period when the participant in the compulsory social insurance system reaches the age provided for in paragraph 1 of Article 207 of this Code.

7. Social benefits in case of loss of ability to work are assigned regardless of whether work has stopped at the time of applying for social benefits or continues.

The grounds for refusal to accept an application for the appointment of state benefits for persons with disabilities, social benefits in case of loss of ability to work are:

obtaining from the information system of the authorized state body information confirming the facts of appointment, implementation of state benefits for persons with disabilities, social benefits in case of loss of ability to work, filing an application or consent through a proactive service for their appointment;

2) submission by the applicant of an incomplete package of documents in accordance with the legislation of the Republic of Kazakhstan and (or) documents with expired validity, and (or) documents the validity of which expires on the day of the decision on the appointment or refusal to assign state benefits for persons with disabilities, social benefits in case of loss of ability to work;

4) lack of the right to assign state benefits for persons with disabilities, social benefits in case of loss of ability to work;

5) lack of consent of the applicant to access personal data of limited access, which is required for the appointment of state benefits for persons with disabilities, social benefits in case of loss of ability to work.

2. The grounds for refusal to assign state benefits for persons with disabilities, social benefits in case of loss of ability to work are:

establishing the unreliability of the documents submitted by the applicant for the appointment of state benefits for persons with disabilities, social benefits in case of loss of ability to work, and (or) the data (information) contained in them;

2) non-compliance of the applicant and (or) submitted documents, data and information necessary for the appointment of state benefits for persons with disabilities, social benefits in case of loss of ability to work, with the requirements established by the legislation of the Republic of Kazakhstan;

3) failure to provide the document requested by the Fund during the inspection and (or) information necessary for the assignment of social benefits in the event of loss of ability to work;

4) a negative value of the calculated amount of social benefits in case of loss of ability to work.

3. The grounds for refusing to grant benefits to a caregiver are:

the minority of the person providing care;

2) recognition of the caregiver as incompetent or partially capable by a court decision that has entered into legal force;

3) registration of the caregiver with an organization providing medical care in the field of mental health;

4) the presence of a person with a disability of the first group on full state support, with the exception of the presence of a person with a disability of the first group in institutions of the penitentiary system;

5) residence of a person with a disability of the first group and the person caring for him in different localities.

The recipient of state benefits for persons with disabilities, social benefits in case of loss of ability to work has the right:

receive state social disability benefits in the manner prescribed by this Code;

2) receive social benefits in case of loss of ability to work in the manner prescribed by this Code, regardless of the receipt of state benefits for persons with disabilities;

3) request and receive free information from the State Corporation and the Fund on the procedure for assigning and receiving state benefits for persons with disabilities, social benefits in case of loss of ability to work;

4) appeal decisions, actions (inaction) of state bodies, the State Corporation and the Fund in the manner established by the laws of the Republic of Kazakhstan.

2. The recipient of state benefits for persons with disabilities, social benefits in case of loss of ability to work is obliged to:

provide complete and reliable information for the appointment of state benefits for persons with disabilities, social benefits in case of loss of ability to work in accordance with the legislation of the Republic of Kazakhstan;

2) during the period of receiving state benefits for persons with disabilities, social benefits in case of loss of ability to work, inform the State Corporation about the circumstances that may serve as the basis for changing the amount of state benefits for persons with disabilities or termination of payment of benefits for persons with disabilities, social payments in case of loss of ability to work, within ten working days.

In the event that the applicant has not timely notified about the circumstances affecting the amount of state benefits for persons with disabilities, their amounts are revised from the moment the specified circumstances occur, but not earlier than the moment of their assignment;

3) make a return of excessively credited (paid) amounts of state benefits for persons with disabilities, social benefits in case of loss of ability to work on a voluntary basis, and in case of refusal - in court on the basis of a court decision that has entered into legal force.

3. Amounts of state benefits for persons with disabilities, social benefits in case of loss of ability to work, not received in a timely manner or not received in full due to the fault of the State Corporation and (or) the authorized state body, and (or) the Fund, are paid for the past time from the date the right to them arose without a time limit.

Deductions from state benefits for persons with disabilities, social benefits in the event of loss of ability to work may be made in the manner of enforcement proceedings, with the exception of excessively credited (paid) amounts of state benefits for persons with disabilities, social benefits in the event of loss of ability to work, which are withheld based on the application of the recipient.

2. Deductions from state benefits for persons with disabilities, social benefits in case of loss of ability to work are made from the amounts due for payment.

3. Mandatory pension contributions in the amount of 10 percent are withheld from social benefits in case of disability and sent to the unified pension savings fund in accordance with this Code.

4. From state benefits for persons with disabilities, social benefits in case of loss of ability to work, more than 25 percent of the amount due for payment cannot be withheld.

State social benefits for disability are assigned in the event of disability, regardless of whether work has stopped at the time of applying for the benefit or continues.

2. Citizens of the Republic of Kazakhstan, foreigners and stateless persons permanently residing in the Republic of Kazakhstan have the right to state social disability benefits, unless otherwise provided by the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.

3. State social disability benefits are assigned regardless of when the disability occurred - during the period of work or service, before entering work or after termination of work.

4. State social disability benefits are assigned from the day the disability is established, but no more than three months before the day of application for its appointment or before the day of obtaining consent to assign benefits through a proactive service in accordance with the Law of the Republic of Kazakhstan “On State and Socially Responsible Services”.

5. Re-examination of persons with disabilities who have reached the age entitling them to receive pension payments is carried out only upon their application.

6. Persons who are simultaneously entitled to state social benefits for disability and loss of a breadwinner are assigned one benefit of their choice.

Based on the application of a person receiving a state social benefit for disability or a state social benefit in the event of the loss of a breadwinner, a transfer is made from one type of state social benefit to another from the date of registration of the application.

7. Subject to the conditions established by paragraphs 1, 2 and 3 of Article 207, Article 212 of this Code, disability benefits, at the request of a citizen, can be replaced by old-age pension payments or long-service pension payments in the manner determined by the legislation of the Republic of Kazakhstan.

Persons with disabilities entitled to state social disability benefits include:

persons with disabilities from a general illness, work injury, occupational disease, children with disabilities under seven years of age, children with disabilities from seven to eighteen years of age;

2) persons with disabilities since childhood;

3) persons with disabilities from among conscripts whose disability occurred as a result of injury, contusion, mutilation, disease received during military service, persons whose disability occurred during the liquidation of the consequences of accidents at nuclear facilities for civil or military purposes or as a result of emergencies at nuclear facilities;

4) persons with disabilities from among military personnel (except for conscripts and military personnel undergoing military service in the reserve), employees of special state bodies, persons of command and rank and file of internal affairs bodies, civil protection bodies and the former State Investigative Committee of the Republic of Kazakhstan upon the onset of disability due to injury resulting from an accident not related to the performance of military service duties, service in special state bodies (official duties), or a disease not related to the performance of military and official duty;

5) persons with disabilities from among military personnel (except for conscripts and military personnel serving in military reserve), employees of special state bodies whose disability occurred as a result of injury, concussion, injury, disease received during military service, service in special state bodies, employees of internal affairs bodies, civil protection bodies and the former State Investigative Committee of the Republic of Kazakhstan - in the performance of official duties;

6) persons with disabilities due to environmental emergencies, including due to radiation exposure during nuclear explosions and tests and/or their consequences, subject to the establishment of a cause-and-effect relationship.

2. Persons who, according to the legislation in force before January 1, 1998, were assigned disability pensions, from January 1, 1998, at the expense of budgetary funds, are paid state social disability benefits in an amount not less than the pensions actually received before January 1, 1998.

State social benefits for persons with disabilities are paid monthly from budget funds, taking into account changes in the size of the subsistence minimum established for the corresponding financial year by the law on the republican budget.

2. Persons with disabilities specified in subparagraphs 1), 2) and 4) of Article 176 of this Code are assigned state social disability benefits in the following amounts:

children with disabilities under seven years old – 1.61 subsistence minimum;

children with disabilities from seven to eighteen years of age of the first group - 2.20 subsistence minimum;

children with disabilities from seven to eighteen years of age of the second group - 1.83 subsistence minimum;

children with disabilities from seven to eighteen years of age of the third group - 1.61 subsistence minimum;

persons with disabilities from childhood of the first group - 2.20 subsistence minimum;

persons with disabilities from childhood of the second group - 1.83 subsistence minimum;

persons with disabilities since childhood of the third group - 1.61 subsistence minimum;

persons with disabilities of the first group - 2.20 subsistence minimum;

persons with disabilities of the second group - 1.76 subsistence minimum;

persons with disabilities of the third group – 1.20 subsistence minimum.

3. Persons with disabilities specified in subparagraphs 3) and 6) of Article 176 of this Code are assigned state social disability benefits in the following amounts:

persons with disabilities of the first group - 3.22 subsistence minimum;

persons with disabilities of the second group - 2.75 subsistence minimum;

persons with disabilities of the third group – 2.31 subsistence minimum.

4. Persons with disabilities specified in subparagraph 5) of Article 176 of this Code are assigned state social disability benefits in the following amounts:

persons with disabilities of the first group - 3.94 subsistence minimum;

persons with disabilities of the second group - 3.04 subsistence minimum;

persons with disabilities of the third group – 2.31 subsistence minimum.

5. For children with disabilities under seven years of age and children with disabilities from seven to eighteen years of age who have lost their breadwinner during the period of disability, the amount of the state social benefit for disability is increased by the amount of the state social benefit for the loss of a breadwinner corresponding to the number of disabled family members of the deceased breadwinner, established in accordance with Article 236 of this Code.

For children specified in part one of this paragraph, state social disability benefits are established in an increased amount, regardless of the fact that they are dependent on the deceased breadwinner.

6. For persons with disabilities since childhood who lost their breadwinner during the period of disability, the amount of the state social benefit for disability is increased by the amount of the state social benefit in the event of the loss of a breadwinner corresponding to the number of disabled family members of the deceased breadwinner, established in accordance with Article 236 of this Code.

For the persons specified in part one of this paragraph, the state disability benefit is established in an increased amount, provided that these persons are dependent on the deceased breadwinner in accordance with the requirements of Article 234 of this Code.

7. State social disability benefits to working recipients of benefits are paid in full.

8. If the amount of old age pension payments or long service pension payments is less than the amount of the state social disability benefit established for the corresponding categories of persons with disabilities, the payment of the state social disability benefit is made in the form of corresponding additional payments to the age pension payments or long service pension payments up to the amount of the state social disability benefit established for this category of persons with disabilities.

Payment of state social disability benefits is made for the current month. In the event of the death of the recipient, state social disability benefits are paid up to and including the month of death.

2. If the conditions established by paragraphs 1 - 3 of Article 207 and Article 212 of this Code are met, the payment of state social disability benefits is terminated or revised taking into account the amount of received old-age pension payments or long-service pension payments in accordance with paragraph 8 of Article 177 of this Code.

3. In the event of a change in the disability group, payment of the state social disability benefit in the new amount is carried out from the day the disability group is changed.

If a re-certified person is recognized as able-bodied, state social disability benefits are paid for the month of his recognition as able-bodied, inclusive.

4. If a person with a disability does not appear at the medical and social examination unit for re-examination within the appointed time, then the payment of state social disability benefits to him is suspended, and if he is recognized again as a person with a disability, it is resumed from the date of suspension, but no more than one month in advance, if the medical and social examination unit recognizes him as a person with a disability during this period.

If the deadline for re-examination is missed for a good reason, payment of state social disability benefits is made from the date of suspension of payment until the month of re-examination inclusive, but not more than three years, if the medical and social examination unit recognizes him as a person with a disability during this period. Moreover, if during re-examination a person with a disability is transferred to another disability group (higher or lower), then the state social disability benefit for the specified time is paid according to the previous group.

5. Persons living in centers for the provision of special social services in a hospital setting for the elderly and persons with disabilities and who are fully supported by the state are paid a state social disability benefit in the amount of 30 percent of the amount of the benefit assigned in accordance with Article 177 of this Code, but not lower than the subsistence level established for the corresponding financial year by the law on the republican budget.

Persons living in centers for the provision of special social services for persons with psychoneurological diseases in a hospital setting and who are fully supported by the state are paid state social disability benefits in the amount of 30 percent of the amount of the benefit assigned in accordance with Article 177 of this Code, but not lower than the subsistence level established for the corresponding financial year by the law on the republican budget.

Transfer of 70 percent of the assigned amount of state social disability benefits is made to a separate bank account or to the cash control account of the center for the provision of special social services.

The procedure for using these funds by centers for the provision of special social services is determined by the authorized state body.

6. Children with disabilities with musculoskeletal disorders, living in centers for the provision of special social services in a hospital setting and receiving full state support, are paid state social disability benefits in full.

7. If the recipient leaves the center for the provision of special social services, the payment of state social disability benefits is resumed in full from the first day of the month following the month of departure.

8. The accrued amount of state social disability benefits that is not claimed by the recipient in a timely manner is paid for the past time, but no more than 3 years before applying for their receipt.

Payment of state social disability benefits is suspended from the first day of the month following the month of receipt of information, including from information systems, about:

absence of debit transactions for three or more months on the recipient’s bank account. In this case, payment of state social disability benefits is resumed from the date of suspension;

2) expiration of the validity period of the identity document of a foreigner or stateless person, the candas certificate. In this case, the payment of state social disability benefits is resumed from the date of issuance of an identification document of a foreigner or stateless person permanently residing in the territory of the Republic of Kazakhstan, a candas certificate;

3) the presence of a confirming document on the conduct of operational search activities to search for a missing person or a court decision to recognize the person as missing in relation to the recipient. In this case, the payment of state social disability benefits is resumed from the date of termination of operational search activities to search for a missing person or the entry into force of a judicial act canceling a court decision declaring a person missing, but not earlier than the date of suspension;

4) deprivation or restriction of parental rights, invalidation of the decision on adoption or its cancellation. In this case, the state social disability benefit is paid to the person appointed as the guardian (trustee) from the date of suspension. Upon restoration of parental rights, payment of state social disability benefits is resumed from the date of entry into force of the court decision on the restoration or abolition of restrictions on parental rights;

5) release or removal of the guardian (trustee) from the performance of his duties in cases established by the marriage and family legislation of the Republic of Kazakhstan. In this case, the state social disability benefit is paid to the person appointed as a guardian (trustee), or to the person restored to the status of a guardian (trustee), from the date of suspension;

6) identifying the fact of loss or renunciation of citizenship of the Republic of Kazakhstan before receiving a residence permit for a foreigner. In this case, the payment of state social disability benefits is resumed from the date of suspension, but not earlier than the date of receipt of the foreigner’s residence permit;

7) identifying the fact of receiving a disability pension outside the Republic of Kazakhstan. In this case, the payment of state social disability benefits is resumed from the date of suspension upon repayment of excessively credited (paid) pension amounts in the country of departure;

8) drawing up a protocol on identifying the fact of submitting false documents for medical and social examination and (or) unjustified issuance of an expert opinion. In this case, the payment of state social disability benefits is resumed from the date of suspension upon confirmation of the previously issued expert opinion during re-examination for control.

2. Payment of state social disability benefits is resumed upon application on the basis of documents and (or) information received from information systems confirming the expiration of the circumstances that caused the suspension of benefit payment.

3. Payment of state social disability benefits ceases from the first day of the month following the month of receipt:

information about the death of the recipient, including from information systems;

2) requesting the benefit recipient’s file from the authorized body of the country of departure;

3) the recipient’s application to terminate the payment of state social disability benefits with the provision of a document confirming his deregistration with the internal affairs bodies;

4) information about the identification of the fact of the recipient’s departure for permanent residence outside the Republic of Kazakhstan, including from information systems;

5) information about the identification of the fact that the applicant provided false information, which resulted in an unreasonable appointment.

The right to social benefits in case of loss of ability to work arises from the day the medical and social examination unit establishes the degree of loss of general ability to work for a participant in the compulsory social insurance system.

2. Social benefits in case of loss of ability to work are assigned regardless of whether work has stopped at the time of applying for social benefits or continues.

3. In case of receipt of social contributions to the Fund for the period that was accepted for calculating social payments in case of loss of ability to work, after the date of application for their assignment, the amount of assigned social payments in case of loss of ability to work is not recalculated to the recipient.

The amount of monthly social payment in case of loss of ability to work is determined by multiplying the average monthly amount of income taken into account as an object for calculating social contributions, minus 50 percent of the minimum wage established by the law on the republican budget on the date of emergence of the right to social payment, by the corresponding coefficients of income replacement, loss of ability to work and length of participation.

In this case, the income replacement coefficient is 0.6, and the average monthly amount of income taken into account as an object for calculating social contributions is determined in accordance with paragraph 3 of Article 118 of this Code.

The length of participation coefficient for a participant in the compulsory social insurance system is:

less than six months – 0.1;

from six to twelve months – 0.7;

from twelve to twenty-four months – 0.75;

from twenty-four to thirty-six months – 0.85;

from thirty-six to forty-eight months – 0.9;

from forty-eight to sixty months – 0.95;

from sixty to seventy-two months – 1.0;

from sixty or more months - 0.02 is added to 1.0 for every twelve months of participation in the compulsory social insurance system, but not more than 1.3.

The disability rate corresponds to the established degree of loss of general ability to work from 30 percent to 100 percent.

2. If the payer does not return excessively (erroneously) paid social contributions within the terms and cases determined by the authorized state body, when calculating the amount of social benefits in case of loss of ability to work, the amounts of excessively (erroneously) paid social contributions are not taken into account.

3-1. For persons specified in Articles 101-1 and 102-1 of this Code, when calculating social benefits in case of disability, income for each month from which social contributions were made is determined by dividing the amount of social contributions actually received per month by the rate of social contributions established by paragraph 1 of Article 244 of this Code.

4. The amount of social benefits in case of loss of ability to work is revised from the date of change in the degree of loss of general ability to work.

5. An increase in the amount of social benefits in case of loss of ability to work is carried out on the basis of a decision of the Government of the Republic of Kazakhstan to persons who were assigned the corresponding social benefits on the date of the increase, at the proposal of the authorized government body.

Social benefits in case of loss of ability to work are suspended from the first day of the month following the month of receipt of information, including from information systems, about:

absence of debit transactions for three or more months on the recipient’s bank account. In this case, social benefits in case of loss of ability to work are resumed from the date of suspension;

2) the recipient leaves for permanent residence outside the Republic of Kazakhstan.

For a person who left for permanent residence outside the Republic of Kazakhstan, was a recipient of social benefits in case of loss of ability to work and returned back, in the event of non-receipt of payment in the country of departure, social benefits in case of loss of ability to work is resumed from the date of suspension of the payment, but no more than three years before applying for its receipt.

In this case, social benefits in case of loss of ability to work are renewed in the amount established at the time of departure from the Republic of Kazakhstan. If during the period of departure there was an increase in social benefits in case of loss of ability to work, its amount is established taking into account these increases.

In case of receipt of payment in the country of departure, social benefits in case of loss of ability to work are resumed from the date of application, subject to registration at permanent place of residence in the Republic of Kazakhstan in the amount established at the time of departure from the Republic of Kazakhstan;

3) the recipient, who is a guardian, is serving a criminal sentence imposed by the court in the form of imprisonment. In this case, social benefits in case of loss of ability to work are made to the person appointed as the guardian from the date of suspension;

4) expiration of the validity period of the identity document of a foreigner or stateless person, the candas certificate. In this case, social benefits in case of loss of ability to work are resumed from the day of issuance of an identification document of a foreigner or stateless person permanently residing in the territory of the Republic of Kazakhstan, a candas certificate;

5) the presence of a confirming document on the conduct of operational search activities to search for a missing person or a court decision to recognize the person as missing in relation to the recipient of social benefits in case of loss of ability to work. In this case, social benefits in case of loss of ability to work are resumed from the date of termination of operational search activities to search for a missing person or the entry into force of a judicial act canceling a court decision declaring a person missing, but not earlier than the date of suspension;

6) termination by the recipient of citizenship of the Republic of Kazakhstan on the grounds provided for by the Law of the Republic of Kazakhstan “On Citizenship of the Republic of Kazakhstan”. In this case, social benefits in case of loss of ability to work are resumed from the day of issuance of an identity document of a foreigner or stateless person permanently residing in the territory of the Republic of Kazakhstan;

7) release or removal of the guardian from the performance of his duties in cases established by the marriage and family legislation of the Republic of Kazakhstan. In this case, social payment in case of loss of ability to work is made to the person appointed as the guardian, or to the recipient who has been restored to the status of guardian, from the date of suspension;

8) the applicant provided false information, which resulted in an unreasonable determination of the amount of social benefits in case of loss of ability to work. In this case, social benefits in case of loss of ability to work are resumed in the amount determined in accordance with this Code from the date of suspension;

9) drawing up a protocol on identifying the fact of submitting false documents for medical and social examination and (or) unjustified issuance of an expert opinion. In this case, social benefits in case of loss of ability to work are resumed from the date of suspension upon confirmation of the previously issued expert opinion during re-examination for control.

2. Social benefits in case of loss of ability to work are resumed upon application based on documents and (or) information received from information systems confirming the expiration of the circumstances that caused the suspension of social benefits, subject to the preservation of the right to social benefits in case of loss of ability to work.

3. Social benefits in case of loss of ability to work are terminated:

in the event of the death of the recipient (the entry into force of a court decision declaring him dead). In this case, social payment in case of loss of ability to work is carried out until the month of death of the recipient (until the month of entry into legal force of the court decision declaring him dead) inclusive;

2) in connection with the submission by the recipient of unreliable documents (information) that served as the basis for the decision to assign social benefits in the event of loss of ability to work. In this case, social benefits in case of loss of ability to work are terminated from the date of its assignment;

3) in connection with the recipient filing an application for termination of social benefits in the event of loss of ability to work. In this case, social benefits in case of loss of ability to work are terminated on the first day of the month following the month of filing the application;

4) in the event that the medical and social examination unit makes a decision to recognize the recipient as able to work from the first day of the month following the month in which he was recognized as able to work.

Paragraph 7. Allowance for raising a child with a disability

Article 183. The right to benefits for a person raising a child with a disability

Benefits for raising a child with a disability are provided to citizens of the Republic of Kazakhstan permanently residing in the Republic of Kazakhstan, as well as to foreigners whose right to receive benefits is provided for by an international treaty ratified by the Republic of Kazakhstan.

2. The allowance for raising a child with a disability is assigned to the mother or father, adoptive parent, guardian (trustee) raising a child with a disability.

3. If there are two or more children with disabilities living in a family, an allowance for the person raising a child with a disability is assigned and paid for each child with a disability.

4. Benefits for families raising a child with a disability that have children with disabilities born, adopted, or taken under guardianship (trusteeship) are assigned from the day the court decision on adoption comes into legal force or from the day the guardianship (trusteeship) is established.

Article 184. Amount of benefit for a person raising a child with a disability

The allowance for raising a child with a disability is paid monthly from budget funds in the amount of 1.61 subsistence minimum.

2. The allowance for raising a child with a disability is paid taking into account changes in the level of the subsistence minimum established for the corresponding financial year by the law on the republican budget.

Article 185. Suspension, resumption and termination of payment of benefits to a person raising a child with a disability

Payment of benefits to a person raising a child with a disability is suspended from the first day of the month following the month of receipt of information, including from information systems, about:

absence of debit transactions for three or more months on the recipient’s bank account. In this case, the payment of benefits to a person raising a child with a disability is resumed from the date of suspension;

2) the departure of the recipient of the benefit to a child with a disability for permanent residence outside the Republic of Kazakhstan. In this case, the payment of benefits to a person raising a child with a disability is resumed from the date of arrival for permanent residence in the territory of the Republic of Kazakhstan, but not earlier than the date of suspension;

3) the recipient of the benefit is serving a criminal sentence imposed by the court in the form of imprisonment for a child with a disability. In this case, the allowance for raising a child with a disability is paid to the legal representative of the child (children) from the date of suspension or to the person appointed as a guardian (trustee) from the date of establishment of guardianship (trusteeship), but not earlier than the date of suspension;

4) residence of the recipient of the benefit raising a child with a disability in centers for the provision of special social services in a hospital setting and being on full state support, with the exception of the person who is provided with an over-guaranteed volume of special social services. In this case, the payment of benefits to a person raising a child with a disability is resumed from the date of expulsion of the recipient from the center for the provision of special social services, but not earlier than the date of suspension;

5) the presence of a supporting document on the conduct of operational search activities to search for a missing person or a court decision to recognize the person as missing in relation to the recipient of benefits raising a child with a disability. In this case, the payment of benefits to a person raising a child with a disability is resumed from the date of termination of operational search activities to search for a missing person or the entry into force of a judicial act canceling a court decision declaring a person missing, but not earlier than the date of suspension;

6) the expiration of the validity period of the foreigner’s identity document or candas certificate for the recipient of the benefit raising a child with a disability. In this case, the payment of benefits to a person raising a child with a disability is resumed from the date of issuance of an identity document of a foreigner, a candas certificate, but not earlier than the date of suspension;

7) availability of a document confirming the death of the recipient. In this case, the allowance for raising a child with a disability is paid to the legal representative of the child (children) from the date of suspension or to the person appointed as a guardian (trustee) from the date of establishment of guardianship or trusteeship, but not earlier than the date of suspension;

8) drawing up a protocol on identifying facts of submitting false documents for medical and social examination and (or) unjustified issuance of an expert opinion. In this case, the payment of benefits to a person raising a child with a disability is resumed from the date of suspension upon confirmation of the previously issued expert opinion during re-examination for control.

2. Payment of benefits to a person raising a child with a disability is resumed upon application based on documents and (or) information received from information systems confirming the expiration of the circumstances that caused the suspension of the benefit to a person raising a child with a disability.

3. The grounds for termination of payment of benefits to a person raising a child with a disability are:

death of a child;

2) determination of the child for full state support;

3) submission by the applicant of false information, which resulted in the illegal assignment of benefits to a person raising a child with a disability;

4) identification of the fact of termination of citizenship of the Republic of Kazakhstan in relation to the recipient of the benefit raising a child with a disability;

In the event of the death of a child (children), the payment of benefits to a person raising a child with a disability ceases after the month of death of the child (children).

Payment of benefits to a person raising a child with a disability is terminated from the date of occurrence of the circumstances specified in subparagraphs 2), 3), 4) and 5) of paragraph 3 of this article.

Article 186. Change of recipient

In cases of death (recognized by the court as missing or declared dead), deprivation or restriction of parental rights, serving a sentence in places of deprivation of liberty, reversal of a court decision to recognize the recipient of benefits as missing as a person raising a child with a disability, payment is made to the legal representative of the child (children) or to the person appointed as the guardian (trustee), while maintaining the grounds for receiving them, with the exception of cases of determination of the child (children) for full state support, on the basis of documents provided for by the legislation of the Republic Kazakhstan.

Paragraph 8. Caregiver's allowance

Article 187. Right to benefits for a caregiver

Caregiver benefits are provided to citizens of the Republic of Kazakhstan permanently residing in the Republic of Kazakhstan, as well as to foreigners whose right to receive benefits is provided for by an international treaty ratified by the Republic of Kazakhstan.

2. A person directly caring for a person with a disability of the first group, regardless of the family connection with him, is assigned a caregiver allowance.

3. If two or more persons with disabilities of the first group live in a family, an allowance for the caregiver is assigned and paid for each of them.

In institutions of the penitentiary system, a convicted person can provide care for only one person with a disability of the first group.

4. If a person with a disability of the first group is cared for by several persons, the allowance for the person providing care is assigned and paid to one of these persons.

A person with a disability of the first group, located in institutions of the penal system, can be cared for by only one convicted person.

5. A person with a disability of the first group and a caregiver must live in the same locality.

Convicts with disabilities of the first group who need care, and convicts caring for them, must be kept in one institution of the penal system.

Article 188. Amount of benefit for a caregiver

The allowance for the caregiver is paid monthly from budget funds in the amount of 1.61 subsistence minimum.

2. The benefit to the caregiver is paid taking into account changes in the level of the subsistence minimum established for the corresponding financial year by the law on the republican budget.

Article 189. Suspension, resumption and termination of payment of benefits to a caregiver

Payment of benefits to a caregiver is suspended from the first day of the month following the month of receipt of information, including from information systems, about:

absence of debit transactions for three or more months on the recipient’s bank account. In this case, the payment of benefits to the caregiver is resumed from the date of suspension;

2) the presence of a confirming document on the conduct of operational search activities to search for a missing person or a court decision to recognize the person as missing in relation to the recipient of the benefit to the caregiver. In this case, the payment of benefits to the person providing care is resumed from the date of termination of operational search activities to search for a missing person or the entry into force of a judicial act canceling the court decision recognizing the person as missing, but not earlier than the date of suspension;

3) expiration of the validity period of the identity document of the foreigner caring for the caregiver or the candas certificate. In this case, the payment of benefits to the caregiver is resumed from the date of issue of the identity document of a foreigner permanently residing in the territory of the Republic of Kazakhstan, the candas certificate, but not earlier than the date of suspension;

4) release or removal from the performance of their duties of guardians (trustees) in cases established by the marriage and family legislation of the Republic of Kazakhstan. When guardianship rights are restored, payment of benefits to the caregiver is resumed from the date of entry into force of the court decision on the restoration or abolition of restrictions on parental rights;

5) drawing up a protocol on identifying the fact of submitting false documents for medical and social examination and (or) unjustified issuance of an expert opinion. In this case, the payment of benefits to the person caring for the caregiver is resumed from the date of suspension upon confirmation of the previously issued expert opinion during the re-examination for control of a person with a disability of the first group;

6) the departure of a caregiver or a person with a disability of the first group from an institution of the penal system to another institution;

7) transfer of a caregiver or a person with a disability of the first group to another unit of the institution of the penal system.

2. Payment of benefits to the person caring for them is renewed based on the application of a person with a disability of the first group.

3. The grounds for termination of payment of benefits to a caregiver are:

an application from a person with a first group disability or a caregiver;

2) death of a person with a disability of the first group or a caregiver;

3) departure of a person with a disability of the first group or a person caring for permanent residence to another locality or outside the Republic of Kazakhstan;

4) change in the disability group of a person with a disability;

5) expiration of the term of serving a sentence in an institution of the penal system by a person with a disability of the first group or a convicted person caring for him;

6) identification of cases provided for in paragraph 3 of Article 172 of this Code.

4. The replacement of a caregiver is made on the basis of an application from a person with a disability of the first group.

When a person with a disability of the first group is in an institution of the penal system, the replacement of the person providing care is carried out by him in agreement with the head of the institution of the penal system.

Article 190. Right to special state benefits

Citizens of the Republic of Kazakhstan have the right to receive special state benefits.

Foreigners and stateless persons permanently residing in the Republic of Kazakhstan enjoy the right to special state benefits on an equal basis with citizens of the Republic of Kazakhstan.

2. Persons who simultaneously have the right to receive a special state benefit on several grounds provided for in paragraph 3 of this article, a special state benefit is paid only on one basis of their choice.

3. Citizens entitled to receive a special state benefit, based on the list of benefits determined by the legislative acts of the Republic of Kazakhstan, include:

veterans of the Great Patriotic War;

2) veterans of combat operations on the territory of other states;

3) persons equal in benefits to participants of the Great Patriotic War, whose status is determined by subparagraph 1) of Article 6 of the Law of the Republic of Kazakhstan “On Veterans”;

4) persons equal in benefits to persons with disabilities due to injury, concussion, injury or disease received during the Great Patriotic War, whose status is determined by subparagraph 2) of Article 6 of the Law of the Republic of Kazakhstan “On Veterans”;

5) widows of soldiers who died (died, disappeared) in the Great Patriotic War who did not remarry;

6) families of military personnel, employees of special government agencies who were killed (missing) or died as a result of injury, concussion, injury, illness received during the fighting in Afghanistan or in other states in which hostilities took place; families of military personnel, with the exception of military personnel serving in the reserves, employees of special state bodies who died (died) during military service, service in special state bodies in peacetime, families of employees of internal affairs bodies who died in the line of duty; families of those killed during the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant and other radiation disasters and accidents at civil or military facilities; families of those who died as a result of radiation sickness or deceased persons with disabilities, as well as citizens whose death is in accordance with the established procedure related to the impact of the disaster at the Chernobyl nuclear power plant and other radiation disasters and accidents at civil or military facilities and nuclear tests;

7) the non-remarried spouse of a deceased person with a disability due to a wound, concussion, injury or illness received during the Great Patriotic War, or a person equal in benefits to persons with a disability due to a wound, concussion, injury or illness received during the Great Patriotic War, as well as the spouse of a deceased participant in the Great Patriotic War, partisan, underground fighter, a citizen awarded the medal "For the Defense of Leningrad" or the badge "Resident of besieged Leningrad", recognized as persons with disabilities as a result of a general illness, work injury and other reasons (except for illegal ones);

8) heroes of the Soviet Union, heroes of Socialist Labor, holders of the Order of Labor Glory of three degrees, persons awarded the honorary title “Kazakhstannyn Garyshker-Ushkyshy”;

9) persons awarded the title “Halyk kaharmany”;

10) persons awarded the title “Kazakhstannyn Enbek Yeri”;

11) persons awarded orders and medals of the former USSR for selfless labor and impeccable military service in the rear during the Great Patriotic War, as well as persons who worked (served) for at least six months from June 22, 1941 to May 9, 1945 and were not awarded orders and medals of the former USSR for selfless labor and impeccable military service in to the rear during the Great Patriotic War;

12) persons from among the participants in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant in 1988–1989, evacuated (moved independently) from the exclusion and resettlement zones to the Republic of Kazakhstan, including children who were in a fetal state on the day of evacuation;

13) persons with disabilities of the first, second and third groups who are assigned old-age pension payments or long-service pension payments, with the exception of those receiving an additional payment to old-age pension payments up to the amount of the state social disability benefit provided for in paragraph 8 of Article 177 of this Code, as well as persons with disabilities of the first, second and third groups living in the city of Baikonyr, subject to receiving a disability pension in accordance with the legislation of the Russian Federation;

14) children with disabilities up to seven years old living in the city of Baikonyr, subject to receiving a disability pension in accordance with the legislation of the Russian Federation;

15) children with disabilities from seven to eighteen years of age of the first, second, third groups living in the city of Baikonyr, subject to receiving a disability pension in accordance with the legislation of the Russian Federation;

16) victims of political repression, persons who suffered from political repression, have disabilities or are pensioners;

17) persons who have been awarded pensions for special services to the Republic of Kazakhstan.

Article 191. Procedure for assigning special state benefits

The basis for the assignment of a special state benefit is the application of a person entitled to a special state benefit.

Submission of an application for the appointment of a special state benefit to persons awarded the title “Halyk Kaharmany”, persons awarded the title “Kazakhstannyn Enbek Yeri” is not required when assigning a special state benefit through a proactive service in accordance with the Law of the Republic of Kazakhstan “On State and Socially Responsible Services”.

2. An application for a special state benefit can be made at any time after the right to a special state benefit arises without any time limit.

3. For the persons specified in subparagraph 11) of paragraph 3 of Article 190 of this Code, a document confirming work experience is a work book or other documents containing information about work from June 22, 1941 to May 9, 1945.

In the absence of documents confirming the fact of work from June 22, 1941 to May 9, 1945, the length of service is established by special commissions created in the manner established by the authorized state body.

4. The procedure for assigning a special state benefit is developed and approved by the authorized state body.

5. The authorized state body approves:

a list of cities and periods of hostilities for participation in which a special state benefit is awarded;

a list of periods of combat operations on the territory of other states, with participation in which a special state benefit is assigned;

a list of states, territories and periods of hostilities, with participation in which a special state benefit is assigned;

a list of medals of the former USSR classified as awards for selfless labor and impeccable military service in the rear during the Great Patriotic War, for which a special state allowance is awarded.

Article 192. Refusal to accept an application and assign a special state benefit

The grounds for refusing to accept an application for a special state benefit are:

obtaining from the information system of the authorized state body information confirming the facts of appointment, payment or submission of an application for the appointment of a special state benefit;

4) lack of the right to receive a special state benefit;

5) lack of consent of the applicant to access restricted personal data, which is required for the assignment of a special state benefit.

2. The grounds for refusal to assign a special state benefit are:

failure to provide supporting documents for the appointment of a special state benefit;

2) establishing the unreliability of the documents submitted by the applicant to receive a public service, and (or) the data (information) contained in them;

3) non-compliance of the applicant and (or) submitted documents, data and information necessary for the provision of public services with the requirements established by the legislation of the Republic of Kazakhstan.

Article 193. Procedure for payment of special state benefits

The procedure for paying special state benefits is approved by the authorized state body.

2. Payment of a special state benefit is made for the current month and for the period of compliance with the conditions under which the special state benefit is assigned from the date the right to receive it arises. In the event of the death of the recipient, the special state benefit is paid up to the month of death inclusive, and in the event of the recipient of the special state benefit leaving for permanent residence outside the Republic of Kazakhstan - up to the month of departure inclusive.

3. In the event of a change in the disability group, payment of a special state benefit is carried out in the amount established by this Code for the corresponding disability group, from the moment the right to receive a special state benefit in the new amount arises.

4. If a person with a disability does not appear at the medical and social examination unit for re-examination within the period established by the legislation of the Republic of Kazakhstan, then the payment of benefits to him is suspended until he is again recognized as a person with a disability.

If the deadline for re-examination is missed for a valid reason, payment of a special state benefit is made from the date of suspension of payment until the day of re-examination, but not more than six months, if the medical and social examination unit recognizes him as a person with a disability for this period. Moreover, if during re-examination a person with a disability is transferred to another disability group (higher or lower), then a special state benefit for the specified time is paid according to the previous group.

Article 194. Amounts of special state benefits

A special state benefit is established for citizens entitled to receive a special state benefit, based on the list of benefits determined by the legislative acts of the Republic of Kazakhstan.

2. The special state benefit is paid taking into account changes in the size of the monthly calculation indicator established for the corresponding financial year by the law on the republican budget.

3. Special state benefits are assigned in the following amounts:

veterans of the Great Patriotic War - 16.0 monthly calculation index;

2) veterans of military operations on the territory of other states, listed in subparagraphs 1), 2), 3), 4) and 5) of Article 5 of the Law of the Republic of Kazakhstan “On Veterans” - 6.19 monthly calculation index;

3) veterans of military operations on the territory of other states, listed in subparagraphs 6), 7) and 8) of Article 5 of the Law of the Republic of Kazakhstan “On Veterans” - 4.8 monthly calculation index;

4) persons equal in benefits to participants in the Great Patriotic War - 6.19 monthly calculation index;

5) persons equal in benefits to persons with disabilities due to injury, concussion, injury or disease received during the Great Patriotic War - 7.55 monthly calculation index;

6) widows of soldiers killed (died, missing) in the Great Patriotic War who did not remarry – 4.48 monthly calculation index;

7) families of military personnel, employees of special government agencies who were killed (missing) or died as a result of wounds, contusions, injuries, illnesses received during the fighting in Afghanistan or in other states in which hostilities took place; families of military personnel, employees of special state bodies who died (died) during military service, service in special state bodies in peacetime; to the families of internal affairs officers who died in the line of duty; to the families of those killed during the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant and other radiation disasters and accidents at civil or military facilities; families of those who died as a result of radiation sickness or deceased persons with disabilities, as well as citizens whose death is in accordance with the established procedure related to the impact of the disaster at the Chernobyl nuclear power plant and other radiation disasters and accidents at civil or military facilities and nuclear tests - 4.59 monthly calculation index;

8) the spouse of a deceased person with a disability due to a wound, concussion, injury or illness received during the Great Patriotic War, or a person equal in benefits to persons with a disability due to a wound, concussion, injury or illness received during the Great Patriotic War, as well as the spouse of a deceased participant in the Great Patriotic War, partisan, underground fighter, citizen awarded a medal “For the defense of Leningrad” or the badge “Resident of besieged Leningrad”, recognized as persons with disabilities as a result of a general illness, work injury and other reasons (except for illegal ones), who did not remarry – 2.56 monthly calculation index;

9) heroes of the Soviet Union, persons awarded the honorary title “Kazakhstannyn Garyshker-Ushkyshy” - 138.63 monthly calculation index;

10) heroes of Socialist Labor, holders of the Order of Labor Glory of three degrees, persons awarded the title “Kazakhstannyn Enbek Yeri” - 138.63 monthly calculation index;

11) persons awarded the title “Halyk kaharmany” – 138.63 monthly calculation index;

12) persons awarded orders and medals of the former USSR for selfless labor and impeccable military service in the rear during the Great Patriotic War, as well as persons not awarded state awards, who worked (served) for at least six months in the period from June 22, 1941 to May 9, 1945 - 2.13 monthly calculation index;

13) persons from among the participants in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant in 1988–1989, evacuated (moved independently) from the exclusion and resettlement zones to the Republic of Kazakhstan, including children who were in a fetal state on the day of evacuation - 4.8 monthly calculation index;

14) persons with disabilities of the first and second groups who are assigned old-age pension payments or long-service pension payments, with the exception of those receiving an additional payment to old-age pension payments up to the amount of a monthly disability benefit provided for in paragraph 8 of Article 177 of this Code, as well as persons with disabilities of the first and second groups living in the city of Baikonyr, subject to receiving a disability pension in accordance with the legislation of the Russian Federation - 1.71 monthly calculated indicator;

15) persons with disabilities of the third group who are assigned old-age pension payments or pension payments for long service, with the exception of those receiving an additional payment to old-age pension payments up to the amount of the monthly disability benefit provided for in paragraph 8 of Article 177 of this Code, as well as persons with disabilities of the third group living in the city of Baikonyr, subject to receiving a disability pension in accordance with the legislation of the Russian Federation - 0.74 monthly calculation index;

16) children with disabilities up to seven years old living in the city of Baikonyr, subject to receiving a disability pension in accordance with the legislation of the Russian Federation - 1.10 monthly calculation index;

17) children with disabilities from seven to eighteen years old living in the city of Baikonyr, subject to receiving a disability pension in accordance with the legislation of the Russian Federation:

the first and second groups – 1.71 monthly calculation index;

third group – 1.10 monthly calculation index;

18) victims of political repression, persons who suffered from political repression, have disabilities or are pensioners - 1.23 monthly calculation index;

19) persons who have been assigned pensions for special services to the Republic of Kazakhstan - 1.23 monthly calculation index.

Article 195. Suspension, resumption and termination of payment of special state benefits

Payment of special state benefits is suspended from the first day of the month following the month of receipt of information, including from information systems, about:

absence of debit transactions for three or more months on the recipient’s bank account. In this case, the payment of special state benefits is resumed from the date of suspension;

2) identifying the fact that missing persons are on the wanted list. In this case, the payment of special state benefits is resumed from the date of entry into force of the judicial act canceling the court decision declaring a person missing, but not earlier than the date of suspension;

3) identification of facts of deprivation of parental rights and rights of a guardian (trustee), about released and removed guardians (trustees). In this case, a special state benefit is paid to the legal representative of the child (children) from the date of suspension or to the person appointed as a guardian (trustee) from the date of establishment of guardianship (trusteeship), but not earlier than the date of suspension. Upon restoration of parental rights, payment of special state benefits is resumed from the date of entry into force of the court decision on the restoration or abolition of restrictions on parental rights;

4) identifying the fact that recipients of benefits have left for permanent residence outside the Republic of Kazakhstan. In this case, the payment of special state benefits is resumed to the recipient from the date of arrival for permanent residence in the territory of the Republic of Kazakhstan, but not earlier than the date of suspension;

5) expiration of the residence permit of a foreigner in the Republic of Kazakhstan, certificate of a stateless person. In this case, the payment of special state benefits is resumed from the date of issuance of the identity document of a foreigner or stateless person permanently residing in the territory of the Republic of Kazakhstan, but not earlier than the date of suspension;

6) the recipient of a special state benefit is serving a criminal sentence imposed by the court in the form of imprisonment. In this case, the payment of special state benefits is resumed from the date of release from the institution of the criminal correctional system, but not earlier than the date of suspension.

If such a recipient of a special state benefit belongs to the citizens specified in subparagraph 6) of paragraph 3 of Article 190 of this Code, then the special state benefit can be re-registered to another family member who has the right to it;

7) residence of recipients of special state benefits in centers for the provision of special social services in a hospital setting and being on full state support, with the exception of persons who are provided with an over-guaranteed volume of special social services. In this case, the payment of special state benefits is resumed from the date of the recipient’s expulsion from the center for the provision of special social services, but not earlier than the date of suspension;

8) drawing up a protocol on identifying the fact of submitting false documents for medical and social examination and (or) unjustified issuance of an expert opinion. In this case, the payment of special state disability benefits is resumed from the date of suspension upon confirmation of the previously issued expert opinion, upon re-examination for control;

9) unreliability of documents submitted for the appointment of a special state benefit.

2. Payment of a special state benefit is resumed upon application on the basis of documents and (or) information received from information systems confirming the expiration of the circumstances that caused the suspension of the special state benefit, subject to the preservation of the right to a special state benefit.

3. Payment of a special state benefit is terminated in the event of loss of the grounds for its appointment or death of the recipient.

Footnote: Footnote. The Code is supplemented by Chapter 14-1 in accordance with the Law of the Republic of Kazakhstan dated December 21, 2023 No. 49-VIII (shall be enforced from January 1, 2024).

Citizens of the Republic of Kazakhstan, foreigners and stateless persons permanently residing in the territory of the Republic of Kazakhstan, employed in work with hazardous working conditions, upon reaching the age of fifty-five and paying obligatory professional pension contributions for them for a total of at least eighty-four months, have the right to a special social payment consisting of:

special professional state allowance;

2) insurance payment under a pre-retirement annuity insurance contract;

3) professional payments at the expense of the employer;

4) pension payment formed from mandatory professional pension contributions from the unified pension savings fund.

The right to payments provided for in this paragraph arises subject to the employee’s termination of work in jobs with hazardous working conditions or transfer to another job that excludes exposure to harmful production factors.

2. Citizens of the Republic of Kazakhstan, foreigners and stateless persons permanently residing in the territory of the Republic of Kazakhstan, not employed in work with hazardous working conditions, upon reaching the age of fifty-five and paying mandatory professional pension contributions for them for a total of at least eighty-four months, have the right to:

special professional state allowance;

2) pension payment formed from mandatory professional pension contributions from the unified pension savings fund.

3. The rights provided for in paragraphs 1 and 2 of this article are exercised in the manner and under the conditions provided for by this Code, with the exception of:

insurance payment under a pre-retirement annuity insurance contract, which is carried out in accordance with the Law of the Republic of Kazakhstan “On compulsory insurance of an employee against accidents during the performance of his labor (official) duties”;

professional payment at the expense of the employer, which is carried out in accordance with the Labor Code of the Republic of Kazakhstan.

Article 195-2. The procedure for assigning and implementing special professional state benefits

A special professional state benefit is assigned from the date of application.

The day of application for the appointment of a special professional state benefit is considered the day of registration of the application and necessary documents or the day of receipt of the applicant’s consent to the appointment of a special professional state benefit through a proactive service in accordance with the Law of the Republic of Kazakhstan “On State and Socially Responsible Services”.

2. Payment of special professional state benefits is carried out for the current month. In the event of the death of the recipient, the special professional state benefit is provided up to the month of death inclusive, and in the event of the recipient of the special professional state benefit leaving for permanent residence outside the Republic of Kazakhstan - up to the month of departure inclusive.

3. Special professional state benefits are provided at the expense of budgetary funds.

4. Amounts assigned but not claimed by the recipient of a special professional state benefit are paid for the past, but no more than three years before the date of application for their receipt.

5. The procedure for assigning, implementing, suspending, renewing and terminating the payment of special professional state benefits is determined by the authorized state body.

Article 195-3. Amount of special professional state benefit

The monthly amount of the special professional state benefit is 2.0 times the subsistence minimum established for the corresponding financial year by the law on the republican budget.

Payment of special professional state benefits is carried out taking into account changes in the cost of living established for the corresponding financial year by the law on the republican budget.

Article 195-4. Refusal to accept an application and assign a special professional state benefit

The grounds for refusing to accept an application for a special professional state benefit are:

obtaining from the information system of the authorized state body information confirming the fact of filing an application, appointment, payment of a special professional state benefit or consent through a proactive service to its appointment in accordance with the Law of the Republic of Kazakhstan “On State and Socially Responsible Services”;

2) discrepancy between the information on the identity document (except for its replacement in accordance with the legislation of the Republic of Kazakhstan, confirmed by information from state information systems) with the documents necessary for the appointment of a special professional state benefit;

3) lack of the right to assign a special professional state benefit;

4) lack of consent of the applicant to access restricted personal data, which is required for the assignment of a special professional state benefit.

2. The basis for refusal to assign a special professional state benefit is non-compliance with the conditions provided for in paragraphs 1 and 2 of Article 195-1 of this Code.

Article 195-5. Suspension, resumption and termination of payment of special professional state benefits

Payment of special professional state benefits is suspended from the first day of the month following the month of receipt of information, including from information systems, about:

the absence of expenditure transactions for three or more months on the bank account of the recipient of a special professional state benefit. In this case, the payment of special professional state benefits is resumed from the date of suspension;

2) the recipient of a special professional state benefit leaves for permanent residence outside the Republic of Kazakhstan. In this case, the payment of special professional state benefits is resumed from the date of arrival for permanent residence on the territory of the Republic of Kazakhstan, but not earlier than the date of suspension;

3) expiration of the validity period of the identity document of a foreigner or stateless person. In this case, the payment of special professional state benefits is resumed from the date of issue of the identity document of a foreigner or stateless person permanently residing in the territory of the Republic of Kazakhstan, but not earlier than the date of suspension;

4) the presence of a confirming document on the conduct of operational search activities to search for a missing person or a court decision that has entered into legal force to recognize the person as missing in relation to the recipient of a special professional state benefit. In this case, the payment of special professional state benefits is resumed from the date of termination of operational search activities to search for a missing person or the entry into force of a judicial act canceling a court decision declaring a person missing, but not earlier than the date of suspension;

5) termination by the recipient of a special professional state benefit of citizenship of the Republic of Kazakhstan on the grounds provided for by the Law of the Republic of Kazakhstan “On Citizenship of the Republic of Kazakhstan”. In this case, the payment of a special professional state benefit is resumed from the day of issuance of an identification document of a foreigner or stateless person permanently residing in the territory of the Republic of Kazakhstan.

2. Payment of special professional state benefits is resumed upon application on the basis of documents and (or) information received, including from information systems, confirming the expiration of the circumstances that caused the suspension of payment of special professional state benefits.

3. Payment of special professional state benefits stops on the first day of the month following the month of receipt:

information about the death of the recipient of a special professional state benefit, including from information systems;

2) an application from the recipient of a special professional state benefit to terminate the payment of a special professional state benefit with the presentation of a document confirming his deregistration with the internal affairs bodies;

3) information about the identification of the fact of termination of citizenship of the Republic of Kazakhstan;

4) information about the identification of the fact of payment of compulsory professional pension contributions in favor of the recipient of a special professional state benefit.

Payment of a special professional state benefit is carried out until the recipient of such payment reaches the retirement age established by Article 207 of this Code.

Chapter 15. PENSION SECURITY

Paragraph 1. General provisions

Article 196. Right to pension provision

Citizens of the Republic of Kazakhstan, as well as foreigners and stateless persons permanently residing on the territory of the Republic of Kazakhstan, unless otherwise provided by the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan, have the right to pension provision in the form of:

state basic pension payment;

2) old-age pension payments;

3) pension payments for long service;

4) pension payments from the unified pension savings fund;

5) pension payments from the voluntary savings pension fund;

6) insurance payments from insurance organizations under pension annuity contracts.

2. Persons who simultaneously have the right to receive old-age pension payments or long-service pension payments are assigned one of these types of pension payments at their request.

3. The rights provided for in this article are exercised in the manner and under the conditions provided for by this Code.

4. Working pensioners have the right to receive old-age pension payments or long-service pension payments in full, subject to the restrictions provided for by this Code.

Article 197. State guarantees for pensions

The state guarantees pension provision:

citizens who retired before January 1, 1998, maintaining the established amount of pension payments until April 1, 1999;

2) citizens who have the right to pension payments for long service and who registered this right before January 1, 1998 with the authorities that assign and (or) make pension payments for long service.

In this case, pension payments for length of service are made from the date of dismissal from service in compliance with the conditions of subparagraph 1) paragraph 1 and paragraph 3 of this article.

2. The amount of the minimum pension is the minimum social standard in the field of social security in accordance with this Code.

3. The annual increase in the size of old-age pension payments and long-service pension payments is carried out in the amount established for the corresponding financial year by the law on the republican budget.

Article 198. Categories of citizens entitled to receive pension payments

Pension payments are made to the following categories of citizens:

receiving a pension before January 1, 1998;

2) who have reached retirement age in accordance with paragraphs 1 – 3 of Article 207 of this Code;

3) military personnel, employees of special state and law enforcement agencies, civil protection bodies, state courier service, who have been assigned special ranks, class ranks and qualification classes, as well as persons whose rights to have special ranks, class ranks and wear uniforms have been abolished since January 1, 2012, and persons whose medical positions have been reduced in the internal affairs bodies of the Republic of Kazakhstan since July 1, 2022 and January 1 2023, who at the time of job reduction had a length of service of at least twelve years and six months of continuous military service, service in special state and law enforcement agencies, civil protection agencies, state courier service, subject to their continued work in medical organizations located in pre-trial detention centers and institutions of the penal (penal) system, entitled to receive pension payments for length of service.

Article 199. Procedure for assigning and paying state basic pension payments and old-age pension payments

The basis for assigning a state basic pension payment, old-age pension payments is the application of a person entitled to a state basic pension payment, old-age pension payments, or his legal representative.

2. The procedure for calculating (determining) the size, assignment, implementation, suspension, recalculation, renewal, termination and revision of the decision on the assignment (refusal to assign) the state basic pension payment, old-age pension payments is determined by the authorized state body.

3. The assignment of the state basic pension payment and old-age pension payments is made from the date of application. The day of application for the appointment of a state basic pension payment, old-age pension payments is considered the day of registration of the application and the necessary documents.

Article 200. Refusal to accept an application and assign a state basic pension payment and old-age pension payments

The grounds for refusing to accept an application for a state basic pension payment or old-age pension payments are:

obtaining from the information system of the authorized state body information confirming the facts of appointment, payment or submission of an application for the appointment of a state basic pension payment, old-age pension payments;

2) submission by the applicant of an incomplete package of documents in accordance with the legislation of the Republic of Kazakhstan and (or) documents with expired validity, and (or) documents the validity of which expires on the day of the decision to assign or refuse to assign a state basic pension payment, old-age pension payments;

4) lack of the right to assign a state basic pension payment, old-age pension payments;

5) lack of consent of the applicant to access restricted personal data, which is required for the assignment of a state basic pension payment and old-age pension payments.

2. The grounds for refusal to assign a state basic pension payment or old-age pension payments are:

establishing the unreliability of the documents submitted by the applicant to receive a public service, and (or) the data (information) contained in them;

2) non-compliance of the applicant and (or) submitted documents, data and information necessary for the provision of public services with the requirements established by the legislation of the Republic of Kazakhstan.

Article 201. Rights and obligations of the recipient of the state basic pension payment and old-age pension payments

The recipient of the state basic pension payment, old-age pension payments has the right:

receive the state basic pension payment, old-age pension payments in the manner prescribed by this Code;

2) request and receive free information from the State Corporation on the procedure for assigning and receiving state basic pension payments, old-age pension payments;

3) appeal decisions, actions (inaction) of state bodies or organizations specified in this chapter to a higher authority, court in the manner established by the laws of the Republic of Kazakhstan.

2. The recipient of the state basic pension payment, old-age pension payments is obliged to:

provide complete and reliable information for the appointment of the state basic pension payment, old-age pension payments in accordance with the legislation of the Republic of Kazakhstan;

2) make a return of over-credited (paid) amounts of the state basic pension payment, old-age pension payments on a voluntary basis, and in case of refusal - in court on the basis of a court decision that has entered into legal force.

3. Amounts of the state basic pension payment, old-age pension payments that were not received on time or received incompletely due to the fault of the State Corporation and (or) the authorized state body are paid for the past time from the date the right to them arose without a time limit.

Article 202. Procedure for making state basic pension payments and old-age pension payments

The state basic pension payment and old-age pension payments are made for the current month.

2. The state basic pension payment and old-age pension payments are assigned for life and are made up to and including the month of death or departure for permanent residence outside the Republic of Kazakhstan.

Note FROM!

For persons living in centers for the provision of special social services in a hospital setting for the elderly and persons with disabilities and who are fully supported by the state, old-age pension payments are made:

in the amount provided for in paragraph 6 of Article 210 of this Code, if the amount of the old-age pension payment calculated in accordance with this norm is lower than the minimum pension established for the corresponding financial year by the law on the republican budget;

2) in the amount of 30 percent of the amount of old-age pension payments calculated in accordance with Article 210 of this Code, but not less than the minimum pension amount established for the corresponding financial year by the law on the republican budget.

Transfer of 70 percent of the assigned amount of old-age pension payments is made to a separate bank account or to the cash control account of centers for the provision of special social services.

The procedure for using these funds by centers for the provision of special social services is determined by the authorized state body.

4. The state basic pension payment is suspended for the period of residence of the recipient, who is fully supported by the state, in a center for the provision of special social services in a hospital setting, with the exception of persons who are not entitled to old-age pension payments and state social disability benefits.

5. If the recipient leaves the center for the provision of special social services, the state basic pension payment and the old-age pension payment are resumed in full from the first day of the month following the month of departure.

6. The state basic pension payment and old-age pension payments can be assigned and paid under a notarized power of attorney.

7. Amounts of state basic pension payments and old-age pension payments assigned but not claimed by the recipient are paid for the past, but no more than three years before the day of application for their receipt.

Article 203. Deductions from pensions

Deductions from pensions may be made through enforcement proceedings, with the exception of overpaid pension amounts due to errors in the assignment of pensions, which are withheld based on the application of the recipient.

2. Deductions from the pension are made from the amount due for payment.

3. More than 50 percent of the amount due for payment cannot be withheld from the pension.

Article 204. Suspension, resumption and termination of state basic pension payments and old-age pension payments

State basic pension payments and old-age pension payments are suspended from the first day of the month following the month of receipt of information, including from information systems, about:

absence of debit transactions for three or more months on the recipient’s bank account. At the same time, the state basic pension payment and old-age pension payments are resumed from the date of suspension;

2) expiration of the validity period of the identity document of a foreigner or stateless person, the candas certificate. At the same time, the state basic pension payment, old-age pension payments are resumed from the date of issuance of an identification document of a foreigner or stateless person permanently residing in the territory of the Republic of Kazakhstan, a candas certificate, but not earlier than the date of suspension;

3) the presence of a confirming document on the conduct of operational search activities to search for a missing person or a court decision to recognize the person as missing in relation to the recipient. At the same time, the state basic pension payment and old-age pension payments are resumed from the date of termination of operational search activities to search for a missing person or the entry into force of a judicial act canceling a court decision declaring a person missing, but not earlier than the date of suspension;

4) identifying the fact of loss or renunciation of citizenship of the Republic of Kazakhstan before receiving a residence permit for a foreigner. At the same time, the state basic pension payment and old-age pension payments are resumed from the date of suspension, but not earlier than the date of receipt of the foreigner’s residence permit;

5) identifying the fact of receiving pension payments outside the Republic of Kazakhstan, with the exception of pensions assigned in accordance with the Agreement on pension provision for workers of member states of the Eurasian Economic Union. At the same time, the state basic pension payment and old-age pension payments are resumed from the date of suspension upon repayment of excess credited (paid) pension amounts in the country of departure.

2. The state basic pension payment and old-age pension payments are resumed on the basis of documents and (or) information received from information systems confirming the expiration of the circumstances that caused the suspension of payment.

3. The state basic pension payment and old-age pension payments are terminated on the following grounds:

establishing the fact of death or recognizing the recipient as missing in the manner established by the legislation of the Republic of Kazakhstan;

2) establishing the fact of the recipient’s departure for permanent residence outside the Republic of Kazakhstan;

3) identification of the fact of the appointment (renewal) of a monthly lifelong allowance to a retired judge;

4) identification of the fact that the authorized state body has appointed pension payments for long service;

5) receipt of a request for a pension file from the authorized body of the country of departure;

6) receipt of an application from the pension recipient to terminate the payment of the pension with the provision of a document confirming his deregistration with the internal affairs bodies;

7) identification of the fact that the applicant provided false information, which resulted in an unreasonable appointment;

8) appointment by an authorized state body of pension payments for length of service on the basis of an extract from the pension file of a pensioner from among military personnel, employees of special state and law enforcement agencies, civil protection bodies, state courier service, as well as persons whose rights to have special ranks, class ranks and wear uniforms were abolished from January 1, 2012, and persons whose medical positions were reduced in the internal affairs bodies of the Republic of Kazakhstan from July 1, 2022 and January 1, 2023, who at the time of job reduction did not have a length of service of at least twelve years and six months of continuous military service, service in special state and law enforcement agencies, civil protection agencies, state courier service, provided that they continue to work in medical organizations located in pre-trial detention centers and institutions of the criminal-executive (penitentiary) system, which did not have the right to assign pension payments for length of service at the date of dismissal.

Paragraph 2. State basic pension payment

Article 205. Right to state basic pension payment

The state basic pension payment is provided to persons:

old-age pension payments that were assigned before July 1, 2018 and long-service pension payments that were assigned before January 1, 2016;

2) those who have reached retirement age in accordance with paragraph 1 of Article 207 of this Code, with the exception of judges of the Constitutional Court of the Republic of Kazakhstan, whose powers have been terminated due to the expiration of the term of office established by the Constitution of the Republic of Kazakhstan, receiving a monthly lifelong allowance, retired judges receiving a monthly lifelong allowance, military personnel, employees of special state and law enforcement agencies, civil protection bodies, state courier service, as well as persons whose rights have special ranks, class ranks and wearing uniforms were abolished from January 1, 2012, and persons whose medical positions were reduced in the internal affairs bodies of the Republic of Kazakhstan from July 1, 2022 and January 1, 2023, who at the time of job reduction had at least twelve years of service and six months of continuous military service, service in special state and law enforcement agencies, civil protection agencies, state courier service, subject to their continued work in medical organizations located in pre-trial detention centers and institutions of the penitentiary system, receiving pension payments for long service.

Article 206. Calculation of the amount of the state basic pension payment

The state basic pension payment is provided:

from January 1, 2023 - if there are ten or less years of experience in the pension system or its absence in the amount of 60 percent of the cost of living, with its size increasing for each full year of experience in the pension system in excess of ten years by 2 percent, but not more than 100 percent of the cost of living established for the corresponding financial year by the law on the republican budget;

from January 1, 2024 - if there are ten or less years of experience in the pension system or lack thereof in the amount of 65 percent of the cost of living, with its size increasing for each full year of experience in the pension system in excess of ten years by 2 percent, but not more than 105 percent of the cost of living established for the corresponding financial year by the law on the republican budget;

from January 1, 2025 - if there are ten or less years of experience in the pension system or its absence in the amount of 70 percent of the cost of living, with its size increasing for each full year of experience in the pension system in excess of ten years by 2 percent, but not more than 110 percent of the cost of living established for the corresponding financial year by the law on the republican budget;

from January 1, 2026 - in the presence of ten or less years of experience of participation in the pension system or its absence in the amount of 70 percent of the cost of living, with its size increasing for each full year of experience of participation in the pension system in excess of ten years by 2 percent, but not more than 118 percent of the cost of living established for the corresponding financial year by the law on the republican budget;

from January 1, 2027 - if there are ten or less years of experience in the pension system or lack thereof in the amount of 70 percent of the cost of living, with its size increasing for each full year of experience in the pension system in excess of ten years by 2 percent, but not more than 120 percent of the cost of living established for the corresponding financial year by the law on the republican budget.

The amount of the assigned state basic pension payment is recalculated annually in accordance with part two of this paragraph.

2. The length of participation in the pension system when providing a state basic pension payment includes the following:

length of service developed for the period before January 1, 1998, calculated in accordance with Article 208 of this Code;

2) the period for which mandatory pension contributions and (or) mandatory pension contributions by the employer were made;

3) periods of labor, entrepreneurial activity, private practice by type of activity to which, by decision of the Government of the Republic of Kazakhstan, an adjustment factor of 0 was applied to the rates of mandatory pension contributions, mandatory professional pension contributions;

4) the period of activity of an employee whose employer was not a subject of the quasi-public sector and was engaged in the creation and broadcast of television programs and (or) radio broadcasting, and (or) publishing newspapers, magazines and (or) periodicals, income from which from April 1, 2020 to October 1, 2020 was excluded from the income of an individual subject to taxation;

5) the time of care of a non-working mother or a non-working father (if he actually provides care) for young children, but not more than until each child reaches the age of 3 years within a total of 12 years;

6) time spent caring for a child with a disability under the age of 18;

7) periods of military service, service in special state and law enforcement agencies, civil protection agencies, state courier service;

8) period of residence abroad of the spouse of employees of the diplomatic services of the Republic of Kazakhstan and international organizations, but not more than 10 years in total;

9) the period of residence of spouses of military personnel (except for conscripts), employees of special government bodies with their spouses in areas where there was no possibility of their employment in their specialty, but not more than 10 years in total;

10) periods of labor activity after January 1, 1998 in Russian organizations of the Baikonur complex;

11) periods of receiving social benefits in case of loss of income due to restrictions on activities during the period of a state of emergency, restrictive measures;

12) time of care for a person with a disability of the first group, a single person with a disability of the second group and an old-age pensioner who needs outside help, as well as for an elderly person who has reached the age of eighty;

13) periods of labor activity of the persons specified in subparagraph 2) of paragraph 3 of Article 248 of this Code. From January 1, 2005, these periods are counted subject to social contributions to the Fund.

The state basic pension payment is provided regardless of the receipt of old-age pension payments and (or) from the unified accumulative pension fund, and (or) the voluntary accumulative pension fund, as well as state social disability benefits.

3. The state basic pension payment is provided from budgetary funds.

Paragraph 3. Old-age pension payments

Article 207. Assignment of pension payments by age

The assignment of old-age pension payments is made:

from July 1, 2001 - for men upon reaching 63 years of age, women upon reaching 58 years of age.

In this case, the assignment of old-age pension payments to women is made:

from January 1, 2018 – upon reaching 58.5 years of age;

from January 1, 2019 – upon reaching 59 years of age;

from January 1, 2020 – upon reaching 59.5 years of age;

from January 1, 2021 – upon reaching 60 years of age;

from January 1, 2022 – upon reaching 60.5 years of age;

from January 1, 2023 – upon reaching 61 years of age;

from January 1, 2028 – upon reaching 61.5 years of age;

from January 1, 2029 – upon reaching 62 years of age;

from January 1, 2030 – upon reaching 62.5 years of age;

from January 1, 2031 – upon reaching 63 years of age.

2. Citizens who lived in zones of extreme and maximum radiation risk in the period from August 29, 1949 to July 5, 1963 for at least 5 years, in accordance with the Law of the Republic of Kazakhstan “On social protection of citizens affected by nuclear tests at the Semipalatinsk Nuclear Test Site” have the right to receive old-age pension payments:

men – upon reaching 50 years of age;

2) women - upon reaching 45 years of age.

3. Women who have given birth (adopted) 5 or more children and raised them up to the age of eight are entitled to old-age pension payments upon reaching 53 years of age.

4. Judges of the Constitutional Court of the Republic of Kazakhstan, whose powers have been terminated due to the expiration of the term of office established by the Constitution of the Republic of Kazakhstan, receiving a monthly lifetime allowance, retired judges receiving a monthly lifetime allowance, are not assigned old-age pension payments or long-service pension payments.

Article 208. Calculation of length of service for assigning old-age pension payments

When calculating length of service for assigning old-age pension payments, the following are taken into account:

work under employment contracts, paid by individuals and legal entities;

2) military service;

3) service in special state and law enforcement agencies, civil protection agencies, state courier service;

4) civil service;

5) entrepreneurial and other income-generating activities;

6) time of care for a person with a disability of the first group, a single person with a disability of the second group and an old-age pensioner who needs outside help, as well as the elderly who have reached the age of eighty;

7) time spent caring for a child with a disability under the age of 18;

8) the time of care of a non-working mother or a non-working father (if he actually provides care) for young children, but not more than until each child reaches the age of 3 years within a total of 12 years;

9) the time of detention, serving a sentence in places of deprivation of liberty and exile of citizens who were unjustifiably brought to criminal liability and repressed, but subsequently rehabilitated;

10) the time spent by able-bodied citizens in the temporarily occupied territory of the former USSR and persons (regardless of age) on the territory of other states during the Great Patriotic War, where they were forcibly taken, in fascist concentration camps (ghettos and other places of forced detention during the war), if during these periods these persons did not commit crimes against the Motherland;

11) the time spent on disability by non-working persons with disabilities due to injury, concussion, injury or illness received during the Great Patriotic War, and persons with disabilities equivalent to them;

12) period of residence abroad of the spouse of employees of former Soviet institutions, institutions of the Republic of Kazakhstan and international organizations, but not more than 10 years in total;

13) the period of residence of spouses of military personnel (except for conscripts), employees of special government bodies with their spouses in areas where there was no possibility of their employment in their specialty, but not more than 10 years in total;

14) training in higher educational institutions, including preparatory courses, secondary specialized educational institutions, colleges, schools and courses for personnel training, advanced training and retraining, postgraduate studies, doctoral studies and clinical residency, as well as spiritual (religious) educational organizations in the territory of the Republic of Kazakhstan and abroad;

15) service in paramilitary security, special communications agencies and mountain rescue units, regardless of departmental subordination and the presence of a special or military rank;

16) labor activity in the country of departure of ethnic Kazakhs who arrived in the Republic of Kazakhstan for the purpose of permanent residence in their historical homeland.

2. When calculating preferential length of service for the assignment of old-age pension payments, the following are also taken into account:

military service as part of the active army during hostilities, including while performing military duty, as well as stay in partisan detachments and formations during hostilities, as well as time spent in treatment in medical institutions due to military trauma - in the manner established for calculating the terms of this service when assigning pension payments for long service to military personnel;

2) work, including as a civilian employee in military units, and service, other than military service provided for in subparagraph 1) of this paragraph, during the Great Patriotic War - at double the rate;

3) work in the city of Leningrad during its siege during the Great Patriotic War from September 8, 1941 to January 27, 1944 - triple the amount;

4) the time spent by citizens aged 12 years and older in the city of Leningrad during its blockade from September 8, 1941 to January 27, 1944 - double;

5) the time of stay of persons on the territory of other states during the Great Patriotic War, where they were forcibly taken, as well as the time spent in fascist concentration camps (ghettos and other places of forced detention during the war), if during these periods these persons did not commit crimes against the Motherland, - in double amount;

6) time of detention, serving a sentence in places of deprivation of liberty, exile, involvement in forced labor with restriction of freedom, in a colony settlement and compulsory treatment in an organization providing medical assistance in the field of mental health, citizens illegally prosecuted and repressed, subsequently rehabilitated - in triple the amount;

7) work and military service in areas adjacent to the Semipalatinsk nuclear test site, in the period from August 29, 1949 to July 5, 1963 - triple the amount, and from July 6, 1963 to January 1, 1992 - one and a half times the amount;

8) work in anti-leprosy and anti-plague institutions, infectious diseases institutions for the treatment of persons infected with the human immunodeficiency virus or patients with AIDS - at double rate, in organizations carrying out forensic medical examinations and pathological anatomical diagnostics - according to the list of works approved by the Government of the Republic of Kazakhstan - at one and a half rates;

9) work on water transport during the full navigation period is counted as a year of work;

10) work for a full season in organizations of seasonal industries, regardless of their departmental subordination - according to the list approved by the Government of the Republic of Kazakhstan, is counted towards the length of service for a year of work.

Article 209. Confirmation of work experience

Work experience for calculating old-age pension payments is taken into account for the period before January 1, 1998.

2. Work experience is confirmed by a work book, and in the absence of a work book or relevant entries in it, it is established on the basis of documents confirming information about work, or a court decision.

Article 210. Calculation of the amount of pension payments by age

Calculation of old-age pension payments in full is made at the rate of 60 percent of average monthly income, determined in accordance with Article 211 of this Code.

2. The amount of old-age pension payments is calculated based on the average monthly income for any three years in a row, regardless of breaks in work since January 1, 1998.

The amount of average monthly income, with the exception of income determined in accordance with paragraph 3 of this article, is established in accordance with the income from which mandatory pension contributions were made to accumulative pension funds or a unified accumulative pension fund, social contributions to the Fund, in the manner determined by the authorized state body.

3. The amount of average monthly income for the period from January 1, 1998 to persons who worked in Russian organizations of the Baikonur complex, for periods of labor, entrepreneurial activity, private practice for types of activity to which, by decision of the Government of the Republic of Kazakhstan, an adjustment factor of 0 was applied to the rates of mandatory pension contributions, mandatory professional pension contributions, as well as for the period of activity of an employee whose employer was not a subject quasi-public sector and was engaged in the creation and broadcast of television programs and (or) radio broadcasting, and (or) publishing newspapers, magazines and (or) periodicals, income from which from April 1, 2020 to October 1, 2020 was excluded from the income of an individual subject to taxation, is established according to the income confirmed by a certificate of income.

Calculation of old-age pension payments is made based on the amount of income paid in the currency of the Russian Federation, according to the official exchange rate of the national currency of the Republic of Kazakhstan to foreign currencies established by the National Bank of the Republic of Kazakhstan on the day of application for the assignment of old-age pension payments.

4. Full age pension payments are assigned upon reaching the age established in paragraphs 1 – 3 of Article 207 of this Code to the following categories of citizens:

men - if they have at least twenty-five years of work experience as of January 1, 1998;

2) women - with at least twenty years of work experience as of January 1, 1998.

Note FROM!

The amount of old-age pension payments for each full year worked before January 1, 1998 in excess of the required length of service increases by 1 percent, but not more than 75 percent of the income taken into account for calculating old-age pension payments.

If the calculated amount of old-age pension payments in full is lower than the minimum pension amount established for the corresponding financial year by the law on the republican budget, old-age pension payments are assigned in the minimum pension amount.

6. Partial old-age pension payments are assigned to the categories of citizens specified in paragraphs 1 – 3 of Article 207 of this Code, if they do not have the right to receive a full old-age pension payment, depending on whether they have a work experience of at least six months as of January 1, 1998.

7. Partial old-age pension payments are calculated as a share of the full old-age pension payment in proportion to the existing length of service as of January 1, 1998.

8. Old-age pension payments are made from budget funds.

Article 211. Determination of income for calculating old-age pension payments

Income for calculating pension payments for 3 years of work is determined by dividing the total amount of income for 36 consecutive calendar months of work by thirty-six.

At the request of the applicant, the months of a state of emergency and restrictive measures in the Republic of Kazakhstan are excluded when determining the average monthly income and are replaced by other months immediately preceding or following them.

2. Income for calculating old-age pension payments cannot exceed the amount of 55 times the monthly calculation index established for the corresponding financial year by the law on the republican budget.

Paragraph 4. Pension payments for long service

Article 212. Right to pension payments for length of service

Military personnel (except for conscripts serving in the reserves), employees of special state and law enforcement agencies, civil protection agencies, and the state courier service have the right to pension payments for length of service:

having a length of service in military service, service in special state and law enforcement agencies, civil protection bodies, state courier service of at least twenty-five years and having reached the age limit for service upon dismissal from service established by the legislation of the Republic of Kazakhstan;

2) who have at least twenty-five years of service in military service, service in special state and law enforcement agencies, civil protection agencies, state courier service, dismissed due to staff reduction or at their own request, or for health reasons, or upon the liquidation of a law enforcement agency, civil protection agency, as well as upon expiration of the contract;

3) having a total work experience of twenty-five years or more, of which at least twelve years and six months constitute continuous military service, service in special state and law enforcement agencies, civil protection agencies, state courier service, and those dismissed upon reaching the age limit established by the legislation of the Republic of Kazakhstan for military service, service in special state and law enforcement agencies, civil protection agencies, state courier service, or due to staff reduction or health reasons or upon liquidation of a law enforcement agency authority, civil protection authority.

2. The right to pension payments for length of service are persons whose rights to have special titles, class ranks and wear uniforms were abolished from January 1, 2012:

having served in military service, service in special state and law enforcement agencies, civil protection agencies, state courier service for at least twenty-five years and have reached the age corresponding to the age limit for law enforcement service at a fixed special rank, class rank at the time of abolition of the right to have special ranks and class ranks, as well as to wear uniforms;

2) having served in military service, service in special state and law enforcement agencies, civil protection agencies, state courier service for at least twenty-five years, dismissed due to staff reduction or the liquidation of a law enforcement agency, civil protection agency, or at their own request, or inconsistency with the position held or the work performed due to a health condition that prevents the continuation of work;

3) having a total work experience of twenty-five years or more, of which at least twelve years and six months consist of continuous military service, service in special state and law enforcement agencies, civil protection agencies, state courier service, and those dismissed due to staff reduction or the liquidation of a law enforcement agency, civil protection agency, or due to incompatibility with the position held or the work performed due to a health condition that prevents the continuation of work, or who have reached the age corresponding to the maximum age of status in law enforcement service according to a fixed special rank, class rank, at the time of abolition of the right to have special ranks and class ranks, as well as to wear uniforms.

3. The right to pension payments for length of service to persons whose medical positions have been reduced in the internal affairs bodies of the Republic of Kazakhstan from July 1, 2022 and January 1, 2023, provided that they continue to work in medical organizations located in pre-trial detention centers and institutions of the penal (penitentiary) system, dismissed due to staff reduction either due to health conditions, or upon reaching the age corresponding to the age limit for law enforcement service in a special rank at the time of reduction of position in the internal affairs bodies of the Republic of Kazakhstan, occurs if there is a total work experience of twenty-five years or more, of which at least twelve years and six months are continuous military service, service in special state and law enforcement agencies, civil protection agencies, and state courier service. Rules for maintaining benefits for pension payments for length of service to persons whose medical positions are reduced in the internal affairs bodies of the Republic of Kazakhstan from July 1, 2022 and January 1, 2023, who at the time of reduction of position had a length of service of at least twelve years and six months of continuous military service, service in special state and law enforcement agencies, civil protection agencies, state courier service, subject to their continued work in medical organizations located in pre-trial detention centers and institutions criminal-executive (penitentiary) system are determined by the Government of the Republic of Kazakhstan.

4. Military personnel, employees of special state and law enforcement agencies, civil protection bodies, state courier service, as well as persons whose rights to have special ranks, class ranks and wear uniforms were abolished from January 1, 2012, who first entered service after January 1, 1998 and were dismissed before January 1, 2016, who had on the date of dismissal conditions for the assignment of pension payments for length of service, in accordance with the norms legislation in force before January 1, 2016, have the right to assign pension payments for length of service, taking into account length of service and salary at the time of dismissal from service, using annual increases made in the manner established by the legislation of the Republic of Kazakhstan, for the entire period from the date of dismissal from service.

Pension payments for long service assigned in the period from January 1, 2016 to December 31, 2023 are subject to revision taking into account annual increases made in the manner established by the legislation of the Republic of Kazakhstan for the entire period from the date of dismissal from service and are paid from January 1, 2024.

5. Military personnel, employees of special state and law enforcement agencies, civil protection bodies, state courier service, as well as persons whose rights to have special ranks, class ranks and wear uniforms were abolished from January 1, 2012, and persons whose medical positions were reduced in the internal affairs bodies of the Republic of Kazakhstan from July 1, 2022 and January 1, 2023, who did not have at least twelve years of service at the time of reduction of position and six months of continuous military service, service in special state and law enforcement agencies, civil protection agencies, state courier service, provided that they continue to work in medical organizations located in pre-trial detention centers and institutions of the penitentiary system, which did not have the right to assign pension payments for long service at the date of dismissal; old-age pension payments are assigned in accordance with this Code.

6. When enrolling recipients of pension payments for length of service from among military personnel, employees of special state and law enforcement agencies, civil protection agencies, the state courier service, the former State Investigative Committee, as well as persons whose rights to have special ranks, class ranks and wear uniforms were abolished from January 1, 2012, and persons whose medical positions were reduced in the internal affairs bodies of the Republic of Kazakhstan from July 1, 2022 and January 1 2023, who at the time of job reduction had a length of service of at least twelve years and six months of continuous military service, service in special state and law enforcement agencies, civil protection agencies, state courier service, subject to their continued work in medical organizations located in pre-trial detention centers and institutions of the penitentiary (penitentiary) system, for public service (except for military service in the reserve) with the assignment of military (special) rank, class rank, establishment of a qualification class, pension payments for length of service are suspended for the period of service from the date of enlistment.

7. Persons specified in paragraph 6 of this article and who have served again for 3 years, upon repeated dismissal from service, have the right to choose to assign a pension payment for length of service in accordance with paragraph 1 of this article, taking into account length of service and salary at the time of repeated dismissal from service, or to resume previously assigned pension payments for length of service, taking into account increases made in the manner established by the legislation of the Republic of Kazakhstan, for the period for which pension payments for length of service were suspended years

The effect of this paragraph applies to the persons specified in paragraph 6 of this article who were repeatedly dismissed from service from the prosecutor’s office in the period from January 1, 2012 to December 31, 2015 in connection with the adoption of the Law of the Republic of Kazakhstan “On Law Enforcement Service”.

8. Persons from among the military personnel, employees of internal affairs bodies of the member states of the Commonwealth of Independent States who have less than twenty-five years of service, who have reached the maximum age in service on the day of dismissal from service or who have been dismissed due to staff reduction or health reasons, who have arrived for permanent residence in the Republic of Kazakhstan from the member states of the Commonwealth of Independent States, who have been appointed in accordance with the legislation of these states, have the right to pension payments for length of service. pension payments for long service.

9. The right to pension payments for length of service in accordance with paragraphs 1 - 4 of this article for persons in whose favor mandatory pension contributions were transferred from budgetary funds before January 1, 2016, arises subject to the return of 50 percent of the amount of mandatory pension contributions transferred from budgetary funds before January 1, 2016 in favor of military personnel (except for conscripts), employees of special state and law enforcement agencies, bodies civil protection, state courier service, as well as persons whose rights to have special ranks, class ranks and wear uniforms were abolished from January 1, 2012, and persons whose medical positions were reduced in the internal affairs bodies of the Republic of Kazakhstan from July 1, 2022 and January 1, 2023, who at the time of the reduction of position had a length of service of at least twelve years and six months of continuous military service, service in special state and law enforcement agencies, civil protection authorities, the state courier service, provided that they continue to work in medical organizations located in pre-trial detention centers and institutions of the criminal executive (penitentiary) system.

10. Amounts of long-service pension payments not received on time due to the fault of the body providing long-service pensions are paid for the past without any time limit.

11. Pension payments for length of service assigned before January 1, 2016 in an incomplete amount are recalculated taking into account their bringing to the full amount in the manner determined by the Government of the Republic of Kazakhstan, with the return of 50 percent of the amounts of mandatory pension contributions transferred from budgetary funds.

In the event that before January 1, 2016, a pension annuity agreement is concluded by military personnel (except for conscripts), employees of special state and law enforcement agencies, the state courier service, as well as persons whose rights to have special ranks, class ranks and wear uniforms were abolished as of January 1, 2012, the amount of mandatory pension contributions generated from budget funds remaining in the individual pension account is subject to return.

Article 213. Calculation of pension payments for length of service

Pension payments for length of service to military personnel, employees of special state and law enforcement agencies, civil protection bodies, state courier service, as well as persons whose rights to have special ranks, class ranks and wear uniforms were abolished from January 1, 2012, and persons whose medical positions were reduced in the internal affairs bodies of the Republic of Kazakhstan from July 1, 2022 and January 1, 2023, who had positions at the time of reduction length of service of at least twelve years and six months of continuous military service, service in special state and law enforcement agencies, civil protection agencies, state courier service, subject to their continued work in medical organizations located in pre-trial detention centers and institutions of the criminal-executive (penitentiary) system, are established at the rate of fifty percent of the salary.

For each full year of service in military service, service in special state and law enforcement agencies, civil protection agencies, state courier service over twenty-five years, the amount of pension payments for length of service assigned in accordance with subparagraphs 1) and 2) of paragraph 1 and subparagraphs 1) and 2) of paragraph 2 of Article 212 of this Code increases by two percent, for each full year of seniority earned on the day of dismissal from service - by one percentage of the salary.

For each full year of total work experience completed on the day of dismissal from service, over twenty-five years, the amount of pension payments assigned in accordance with subparagraph 3) of paragraph 1, subparagraph 3) of paragraph 2 and paragraph 3 of Article 212 of this Code increases by one percent of the salary.

2. The amount of salary taken into account for the pension provision of military personnel, employees of special state and law enforcement agencies, civil protection agencies, and the state courier service includes the official salary, salary (additional payment) for military (special) rank, class rank, established qualification class.

3. The amount of money taken into account for the pension provision of military personnel, employees of special state and law enforcement agencies, civil protection agencies, and the state courier service is determined on the day of dismissal (exclusion from the personnel lists) from service and is confirmed by a standard certificate from the relevant body at the last place of service.

The amount of money taken into account for the pension provision of military personnel and employees of internal affairs bodies of member states of the Commonwealth of Independent States who arrived for permanent residence in the Republic of Kazakhstan from member states of the Commonwealth of Independent States is determined on the day of dismissal from service (exclusion from the lists of personnel) for a similar or equivalent position of military personnel and employees of internal affairs bodies of the Republic of Kazakhstan.

4. The amount of salary taken into account for the pension provision of persons whose rights to have special ranks, class ranks and wear uniforms were abolished from January 1, 2012, and persons whose medical positions were reduced in the internal affairs bodies of the Republic of Kazakhstan from July 1, 2022 and January 1, 2023, who at the time of the reduction of position had a length of service of at least twelve years and six months of continuous military service, service in special state and law enforcement bodies, civil protection bodies, state courier service, subject to their continued work in medical organizations located in pre-trial detention centers and institutions of the penal (penitentiary) system, is determined in the manner established by the Government of the Republic of Kazakhstan.

5. For persons specified in paragraph 8 of Article 212 of this Code, pension payments for length of service are established at the rate of 2 percent of the salary for each full year of service.

6. The maximum amount of monthly pension payments for length of service for military personnel, employees of special state and law enforcement agencies, civil protection agencies, state courier service, as well as persons whose rights to have special ranks, class ranks and wear uniforms were abolished from January 1, 2012, and persons whose medical positions were reduced in the internal affairs bodies of the Republic of Kazakhstan from July 1, 2022 and January 1, 2023, which had at the time reduction of length of service of at least twelve years and six months of continuous military service, service in special state and law enforcement agencies, civil protection agencies, state courier service, provided they continue to work in medical organizations located in pre-trial detention centers and institutions of the penal (penitentiary) system, cannot exceed 65 percent of the salary determined in accordance with paragraphs 2 - 5 of this article, and 109 times the monthly calculation indicator established for the corresponding financial year by the law on the republican budget.

7. Pension payments for long service are made from budgetary funds.

Article 214. Calculation of length of service and total length of service

Calculation of length of service for military personnel, employees of special state and law enforcement agencies, civil protection bodies, state courier service, as well as persons whose rights to have special ranks, class ranks and wear uniforms were abolished from January 1, 2012, and persons whose medical positions were reduced in the internal affairs bodies of the Republic of Kazakhstan from July 1, 2022 and January 1, 2023, who had at least years of service at the time of reduction of position twelve years and six months of continuous military service, service in special state and law enforcement agencies, civil protection agencies, state courier service, subject to their continued work in medical organizations located in pre-trial detention centers and institutions of the criminal executive (penitentiary) system, is carried out in the manner determined by the Government of the Republic of Kazakhstan.

In this case, length of service for the purpose of pension payments for long service is calculated on a calendar basis, except for cases established by the legislation of the Republic of Kazakhstan.

Length of service calculated in a member state of the Commonwealth of Independent States is not subject to revision, unless otherwise provided by international treaties ratified by the Republic of Kazakhstan.

The calculation of the total length of service for military personnel, employees of special state and law enforcement agencies, civil protection authorities, the state courier service, as well as persons whose rights to have special ranks, class ranks and wear uniforms have been abolished since January 1, 2012, is carried out similarly to the calculation of length of service for the assignment of old-age pension payments in accordance with Article 208 of this Code.

Article 215. Bodies providing pensions to military personnel and employees of special state and law enforcement agencies, civil protection bodies, and state courier service

Assignment of pension payments for length of service to military personnel, employees of special state and law enforcement agencies, civil protection bodies, state courier service, as well as persons whose rights to have special ranks, class ranks and wear uniforms were abolished from January 1, 2012, and persons whose medical positions were reduced in the internal affairs bodies of the Republic of Kazakhstan from July 1, 2022 and January 1, 2023, who had length of service at the time of reduction of position years of at least twelve years and six months of continuous military service, service in special state and law enforcement agencies, civil protection agencies, state courier service, subject to their continued work in medical organizations located in pre-trial detention centers and institutions of the criminal-executive (penitentiary) system, is carried out by the relevant government bodies in the manner determined by the Government of the Republic of Kazakhstan.

Article 216. Deadlines for the appointment and implementation of pension payments for long service

Pension payments for long service are assigned and made from the date of dismissal from service (exclusion from the lists of personnel), but not earlier than the day on which the salary was paid, and no more than three years before the date of application for assignment of pension payments for long service.

The day of application for the assignment of pension payments for long service is considered to be the day of registration of the application and necessary documents with the relevant government agency.

In the case of receiving state social disability benefits or old-age pension payments, long-service pension payments are made from the date of application for long-service pension payments, but not earlier than the day the payment of state social disability benefits or old-age pension payments ceases.

2. Pension payments for length of service to persons specified in paragraph 4 of Article 212 of this Code are assigned from the date of application for assignment of pension payments for length of service.

3. Pension payments for long service to persons who arrived for permanent residence in the Republic of Kazakhstan from member states of the Commonwealth of Independent States are assigned (renewed) taking into account annual indexations from the date of application, but not earlier than the day on which the pension was paid in the member state of the Commonwealth of Independent States.

4. Pension payments for long service are made for the current month and are made up to and including the month of death or departure for permanent residence outside the Republic of Kazakhstan.

5. Amounts of long-service pension payments assigned but not claimed by the recipient are paid for the past, but no more than three years before the day of application for their receipt.

Note FROM!

For persons living in centers for the provision of special social services in a hospital setting and who are fully supported by the state, pension payments for long service are made in the amount of 30 percent of the amount of pension payments for long service assigned in accordance with Article 213 of this Code, but not less than the minimum pension established for the corresponding financial year by the law on the republican budget.

Transfer of 70 percent of the assigned amount of pension payments for long service is made to a separate bank account or to the cash control account of centers for the provision of special social services.

The procedure for using these funds by centers for the provision of special social services is determined by the authorized state body.

If the recipient leaves the center for the provision of special social services, the pension payment for length of service is resumed in full from the first day of the month following the month of departure.

Paragraph 5. Pension payments from the unified pension savings fund and (or) voluntary pension contributions

Article 217. Guarantees for the safety of pension assets

The state guarantees to recipients of pension payments the safety of compulsory pension contributions, compulsory professional pension contributions in the unified accumulative pension fund in the amount of compulsory pension contributions, compulsory professional pension contributions actually made, taking into account the level of inflation in the manner determined by this Code and other regulatory legal acts of the Republic of Kazakhstan.

2. The guarantee of safety of pension assets is also ensured through:

accumulation of pension savings at the expense of mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions in the unified pension savings fund;

2) establishing the conditions and procedure for managing the investment portfolio at the expense of pension assets;

3) establishing requirements for investment portfolio managers to compensate, at the expense of their own capital, the negative difference between the nominal return on pension assets received by the investment portfolio manager and the minimum value of return on pension assets, calculated in accordance with this Code and the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations;

4) implementation of investment management of pension assets of the unified accumulative pension fund by the National Bank of the Republic of Kazakhstan, with the exception of pension assets transferred to trust management by the investment portfolio manager;

5) regulating the activities of the unified pension savings fund by establishing appropriate requirements for attracting pension contributions and making pension payments;

6) regulation of the activities of voluntary savings pension funds by establishing appropriate norms and limits, as well as requirements provided for by the legislation of the Republic of Kazakhstan;

7) establishing requirements for the founders, shareholders and executive employees of voluntary savings pension funds, as well as for the size and composition of their authorized capital;

8) establishing requirements for executive employees of the unified accumulative pension fund;

9) establishing requirements for storing pension assets of the unified pension savings fund in the custodian bank;

10) establishing a requirement for voluntary savings pension funds to store financial instruments and money included in pension assets exclusively in custodian banks that are not affiliated with voluntary savings pension funds;

11) maintaining separate accounting of own funds and pension assets of a unified accumulative pension fund or voluntary accumulative pension fund, as well as establishing control over their target placement;

12) establishing requirements for diversification and risk reduction when placing pension assets;

13) establishing the amount of commission remuneration received by the National Bank of the Republic of Kazakhstan, the unified accumulative pension fund, the manager of the investment portfolio, the voluntary accumulative pension fund;

14) the obligation to conduct an annual audit of the unified accumulative pension fund, voluntary accumulative pension fund;

15) regular reporting of the unified accumulative pension fund, voluntary accumulative pension fund to the relevant government bodies in the manner established by the legislation of the Republic of Kazakhstan;

16) providing the contributor of compulsory pension contributions, an individual for whom compulsory pension contributions of the employer, compulsory professional pension contributions, voluntary pension contributions (recipient of pension payments) are transferred, information on the state of his pension savings;

17) providing an individual for whom voluntary pension contributions are transferred (recipient of pension payments) with the opportunity to transfer his pension savings, formed from voluntary pension contributions, from a unified savings pension fund to a voluntary savings pension fund, or from a voluntary savings pension fund to a unified savings pension fund, or from one voluntary savings pension fund to another voluntary savings pension fund;

18) voluntary insurance of pension savings in full or in part at the choice of the contributor of compulsory pension contributions, an individual for whom compulsory professional pension contributions are transferred, voluntary pension contributions (recipient of pension payments);

19) accounting and valuation of pension assets in the manner established by the authorized body for regulation, control and supervision of the financial market and financial organizations.

Article 218. The right to payment of a state guarantee for the safety of mandatory pension contributions, mandatory professional pension contributions in the unified accumulative pension fund

The state guarantee for the safety of compulsory pension contributions, compulsory professional pension contributions in the unified accumulative pension fund in the amount of compulsory pension contributions, compulsory professional pension contributions actually made, taking into account the level of inflation, is ensured by:

persons who have reached retirement age in accordance with paragraph 1 of Article 207 of this Code;

2) to the persons specified in subparagraphs 2) and 3) of paragraph 1 of Article 220, subparagraphs 2) and 3) of paragraph 1 of Article 221 of this Code.

2. For persons specified in paragraph 3 of Article 220, as well as those who have transferred pension savings into trust management of an investment portfolio manager in accordance with subparagraph 1) of paragraph 5 of Article 37 of this Code, the state guarantees the safety of mandatory pension contributions, mandatory professional pension contributions in the unified accumulative pension fund in the amount of actually paid mandatory pension contributions, mandatory professional pension contributions, taking into account the level of inflation, made for the period from the date of withdrawal of pension savings in order to improve living conditions and (or) pay for treatment or from the date of transfer of pension savings into trust management by the investment portfolio manager until reaching the age established by paragraph 1 of Article 207 of this Code.

3. For the persons specified in subparagraph 4) of paragraph 1 of Article 220 and subparagraph 4) of paragraph 1 of Article 221 of this Code, the state guarantees the safety of compulsory pension contributions, compulsory professional pension contributions in the unified accumulative pension fund in the amount of compulsory pension contributions actually made, compulsory professional pension contributions, taking into account the level of inflation, made during the period from the date of conclusion of the pension agreement annuity with an insurance organization until reaching the age established by paragraph 1 of Article 207 of this Code.

4. The state guarantee for the safety of mandatory pension contributions in the unified pension savings fund does not apply to the amount of mandatory pension contributions paid in the amount of pension savings to the persons specified in paragraph 3 of Article 220 of this Code.

Article 219. Organization of payment of the difference under a state guarantee

The state guarantee for the safety of compulsory pension contributions, compulsory professional pension contributions in the unified accumulative pension fund to the persons specified in paragraph 1 of Article 218 of this Code is carried out in the form of payment of the difference between the amount of compulsory pension contributions actually made, obligatory professional pension contributions taking into account the level of inflation and the amount of pension savings in the unified accumulative pension fund, formed at the expense of compulsory pension contributions, mandatory professional pension contributions on the date of emergence of the right to pension payments in accordance with subparagraphs 1) - 3) of paragraph 1 of Article 220 and subparagraphs 1) - 3) of paragraph 1 of Article 221 of this Code, in the manner determined by the Government of the Republic of Kazakhstan.

If the difference between the amount of compulsory pension contributions actually made, compulsory professional pension contributions taking into account the level of inflation and the amount of pension savings in the unified accumulative pension fund is zero or takes a negative value, the difference is not paid.

Article 220. The right to pension payments through mandatory pension contributions

Pension payments from mandatory pension contributions are provided to persons who have pension savings in the unified accumulative pension fund:

specified in paragraph 1 of Article 207 of this Code;

2) with a disability of the first and second groups, if the disability is established for an indefinite period;

3) foreigners and stateless persons who have left for permanent residence outside the Republic of Kazakhstan, unless otherwise provided by the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan;

4) upon reaching the age of forty-five years, with sufficient pension savings to conclude a pension annuity agreement with an insurance organization to ensure an insurance payment of at least 70 percent of the cost of living established by the law on the republican budget and in force on January 1 of the corresponding financial year, in accordance with Article 225 of this Code.

1-1. Persons who reach the age of fifty-five and have paid compulsory professional pension contributions for them for a total of at least eighty-four months, subject to their termination of employment in jobs with hazardous working conditions or transfer to another job that excludes exposure to harmful production factors, have the right to pension payments at the expense of compulsory pension contributions in the manner determined by the Government of the Republic of Kazakhstan.

Note FROM!

A lump sum of pension savings from the unified accumulative pension fund is paid if the amount of pension savings of the persons specified in subparagraphs 1) and 2) of paragraph 1 of this article does not exceed twelve times the minimum pension established by the law on the republican budget and effective as of January 1 of the corresponding financial year.

3. One-time pension payments in order to improve living conditions in one’s favor or a spouse’s or close relatives’ favor and (or) to pay for treatment for one’s own or a spouse’s or close relatives’ benefit are made if one of the following conditions is met:

if the amount of pension savings from mandatory pension contributions available on the individual pension account of the contributor of mandatory pension contributions exceeds the minimum adequacy threshold of pension savings, determined in accordance with the methodology approved by the Government of the Republic of Kazakhstan;

if the amount of the pension for the persons specified in paragraphs 1, 2 and 3 of Article 207 of this Code, as well as the amount of monthly maintenance of the persons specified in paragraph 4 of Article 207 of this Code, ensures the replacement rate of the recipient’s average monthly income at a level of not less than 40 percent, determined in the manner determined by the Government of the Republic of Kazakhstan. When calculating the average monthly income replacement rate, the recipient’s income prior to the date of retirement is taken into account, but not more than the average monthly income in the republic;

if the contributor of mandatory pension contributions has concluded a pension annuity agreement with an insurance organization;

if the investor is a recipient of pension payments for long service.

4. In the event of the death of a person who has pension savings in the unified accumulative pension fund at the expense of mandatory pension contributions, they are inherited in the manner established by the legislation of the Republic of Kazakhstan.

Article 221. The right to pension payments through compulsory professional pension contributions

Pension payments from mandatory professional pension contributions are provided to persons who have pension savings in the unified accumulative pension fund:

specified in paragraph 1 of Article 207 of this Code;

2) with a disability of the first and second groups, if the disability is established for an indefinite period;

2-1) upon the occurrence of the conditions specified in paragraphs 1 and 2 of Article 195-1 of this Code;

4) upon reaching the age of forty, for which compulsory professional pension contributions have been paid for a total of at least sixty calendar months, by concluding a pension annuity agreement with an insurance organization if pension savings are sufficient to ensure an insurance payment of at least 70 percent of the cost of living established for the corresponding financial year by the law on the republican budget and in force on January 1 of the corresponding financial year.

2. A lump sum of pension savings from the unified accumulative pension fund is paid if the amount of pension savings of the persons specified in subparagraphs 1) and 2) of paragraph 1 of this article does not exceed twelve times the minimum pension established by the law on the republican budget and effective as of January 1 of the corresponding financial year.

3. In the event of the death of a person who has pension savings in the unified accumulative pension fund at the expense of mandatory professional pension contributions, they are inherited in the manner established by the legislation of the Republic of Kazakhstan.

Article 222. The right to pension payments from the employer’s mandatory pension contributions

Pension payments from the employer’s mandatory pension contributions are provided to persons for whom the employer’s mandatory pension contributions have been transferred for a total of at least sixty calendar months:

upon the occurrence of the conditions provided for in paragraph 1 of Article 207 of this Code;

2) with a disability of the first and second groups, if the disability is established for an indefinite period.

2. The parameters used to calculate the amount of pension payments from the employer’s mandatory pension contributions are established annually by the Government of the Republic of Kazakhstan.

3. The maximum amount of pension payment from the employer’s mandatory pension contributions cannot exceed 2 times the minimum subsistence level established for the corresponding financial year by the law on the republican budget.

4. Pension payments from the employer’s mandatory pension contributions are assigned for life, are made for the current month and are made up to and including the month of death or departure for permanent residence outside the Republic of Kazakhstan.

5. The rules for determining the size and implementation of pension payments from the employer’s mandatory pension contributions from the unified pension savings fund are developed by the authorized state body.

Article 223. Pension payments from voluntary pension contributions

Pension payments from voluntary pension contributions are provided to persons who have pension savings in the unified pension savings fund and (or) voluntary pension savings fund:

who have reached the age of fifty;

2) who are persons with disabilities;

2. In the event of the death of a person who has pension savings in the unified accumulative pension fund and (or) voluntary accumulative pension fund at the expense of voluntary pension contributions, they are inherited in the manner established by the legislation of the Republic of Kazakhstan.

3. The procedure for receiving pension payments from voluntary pension contributions is determined in accordance with the agreement on pension provision from voluntary pension contributions and the pension rules of the unified savings pension fund and (or) voluntary savings pension fund.

Article 224. Organization of pension payments from the unified pension savings fund

Pension payments from pension savings formed from mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions are made:

from the unified accumulative pension fund to the persons specified in subparagraphs 1) and 2) of paragraph 1 of Article 220, subparagraphs 1) and 2) of paragraph 1 of Article 221 of this Code, in the form of monthly pension payments according to the established schedule in the manner determined by the Government of the Republic of Kazakhstan;

2) in the form of insurance payments from an insurance organization in accordance with a pension annuity agreement at the expense of pension savings to the persons specified in subparagraph 4) of paragraph 1 of Article 220, subparagraph 4) of paragraph 1 of Article 221 of this Code, in the manner determined by the authorized body for regulation, control and supervision of the financial market and financial organizations.

2. The size of the monthly pension payment from pension savings in the unified accumulative pension fund, formed from mandatory pension contributions, mandatory professional pension contributions, mandatory employer pension contributions, is determined in accordance with the methodology approved by the Government of the Republic of Kazakhstan.

The amount and frequency of pension payments formed through voluntary pension contributions are established in accordance with the agreement on pension provision through voluntary pension contributions and the pension rules of the unified pension savings fund and (or) the voluntary savings pension fund.

3. Payments of pension savings from the unified accumulative pension fund to the persons specified in subparagraphs 1) - 3) of paragraph 1, in paragraphs 1-1 and 4 of Article 220 and subparagraphs 1) - 3) of paragraph 1, paragraph 3 of Article 221 of this Code are carried out in the manner determined by the Government of the Republic of Kazakhstan, within the limits available to the recipient of pension savings formed at the expense of mandatory pension contributions, mandatory professional pension contributions, taking into account deductions in the form of individual income tax, carried out in accordance with the Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget” (Tax Code).

4. One-time pension payments from the unified pension savings fund from pension savings formed through mandatory pension contributions to the persons specified in paragraph 3 of Article 220 of this Code are made in the manner determined by the Government of the Republic of Kazakhstan.

The amount of a one-time pension payment formed from mandatory pension contributions:

the persons specified in paragraph two of paragraph 3 of Article 220 of this Code cannot exceed the amount of the difference between the amount of pension savings from the recipient’s mandatory pension contributions, which are in trust management of the National Bank of the Republic of Kazakhstan, and the threshold of minimum adequacy of pension savings;

to the persons specified in paragraph three of paragraph 3 of Article 220 of this Code, cannot exceed 50 percent of the amount of pension savings at the expense of the recipient’s mandatory pension contributions, which are in trust management of the National Bank of the Republic of Kazakhstan;

persons specified in paragraphs four and five of paragraph 3 of Article 220 of this Code cannot exceed the amount of pension savings at the expense of the recipient’s mandatory pension contributions, which are in trust management of the National Bank of the Republic of Kazakhstan.

One-time pension payments are transferred by the unified pension savings fund to special accounts for one-time pension payments from the unified pension savings fund in order to improve living conditions and (or) pay for treatment, opened by an authorized operator.

5. Payment for banking services related to transfers, deposits and payments of pension savings at the expense of mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions is carried out at the expense of the own funds of the unified accumulative pension fund, with the exception of the amounts of their conversion, payment for banking services related to enrollment and (or) subsequent transfer of one-time pension payments by the authorized operator.

Payment for the services of the authorized operator, including payment for banking services related to one-time pension payments from mandatory pension contributions to the persons specified in paragraph 3 of Article 220 of this Code, is carried out at the expense of the funds of these persons.

Paragraph 6. Procedure for making insurance payments from insurance organizations

Article 225. Insurance payments from insurance organizations under pension annuity contracts

The persons specified in paragraph 1 of Article 207, subparagraph 4) of paragraph 1 of Article 220 and subparagraph 4) of paragraph 1 of Article 221 of this Code have the right to enter into a pension annuity agreement with an insurance organization to make insurance payments for life using pension savings formed from mandatory pension contributions and (or) mandatory professional pension contributions.

In case of insufficiency of pension savings formed from mandatory pension contributions and (or) mandatory professional pension contributions, pension savings formed from voluntary pension contributions can be used to conclude a pension annuity agreement.

In case of insufficiency of pension savings formed at the expense of compulsory professional pension contributions, for concluding a pension annuity agreement, the persons specified in subparagraph 4) of paragraph 1 of Article 221 of this Code have the right to use pension savings formed at the expense of compulsory pension contributions.

2. The amount of the monthly insurance payment from the insurance organization cannot be lower than 70 percent of the subsistence level (1.4 times the subsistence level in the case of concluding a pension annuity agreement by two persons) in force on the date of concluding the pension annuity agreement.

In the event of the death of one of those insured under a pension annuity contract, the amount of the monthly insurance payment from the insurance organization for the second insured cannot be lower than 70 percent of the cost of living in effect on the date of concluding the pension annuity contract.

Article 226. Procedure for concluding pension annuity contracts and making insurance payments

Pension annuity contracts are concluded for a period determined by the requirements of this Code.

2. A party to a pension annuity agreement can be two policyholders (insured), who are spouses or close relatives in accordance with the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family” and at the same time insured.

3. A person entering into a pension annuity agreement is free to choose an insurance organization.

4. The pension annuity agreement is concluded in writing.

The basis for concluding a pension annuity agreement is an application from the policyholder(s) or the contributor(s) of compulsory pension contributions and (or) the individual for whom compulsory professional pension contributions are transferred, containing the data necessary for calculating the insurance premium and identifying the policyholder (insured).

A pension annuity agreement, at the request of the policyholder (investor) of mandatory pension contributions and (or) the individual for whom mandatory professional pension contributions are transferred, can be concluded by means of a written application to the insurer or exchange of information between the policyholder (investor) of mandatory pension contributions and (or) the individual for whom mandatory professional pension contributions are transferred, and the insurer using the insurer’s Internet resource or an online resource created with the participation of an organization for the formation and maintenance of an insurance database.

Requirements for an insurance organization and Internet resources when concluding a pension annuity agreement are established by Article 15-2 of the Law of the Republic of Kazakhstan “On Insurance Activities”.

5. The exchange of information when concluding and terminating pension annuity contracts, making changes and (or) additions to existing pension annuity contracts between a unified pension savings fund and an insurance organization, between one insurance organization and another insurance organization is carried out through an organization for the formation and maintenance of an insurance database in the manner determined by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

6. The organization for the formation and maintenance of the insurance database carries out the formation and maintenance of the insurance database on the basis of this Code and the Law of the Republic of Kazakhstan “On Insurance Activities”.

7. The pension annuity agreement comes into force and becomes binding on the parties from the moment the unified accumulative pension fund and (or) voluntary accumulative pension fund, and (or) the insurance organization transfer the amount of the insurance premium to the insurance organization in full.

8. Termination of a pension annuity contract is possible only at the initiative of the policyholder (the insured - in the case of concluding a pension annuity contract by two persons) subject to the conclusion of a pension annuity contract with another insurance organization, but not earlier than two years from the date of its conclusion or in the event of departure for permanent residence outside the Republic of Kazakhstan of the policyholder (insured), who is a foreigner or stateless person, who has submitted documents determined by the legislation of the Republic of Kazakhstan confirming the fact of departure.

The amount of insurance payments, as well as the procedure for terminating the pension annuity contract, making changes and (or) additions to the pension annuity contract in the event of dissolution of marriage (matrimony) in accordance with the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family” are established by the pension annuity contract concluded in accordance with paragraph 2 of this article.

Upon termination of a pension annuity agreement:

the redemption amount provided by it must be no less than the amount of the insurance premium paid minus the amount of insurance payments made and the insurance company’s expenses for conducting the business;

2) the amount of the monthly insurance payment from the insurance organization under a newly concluded pension annuity agreement cannot be lower than 70 percent of the cost of living in effect on the date of the newly concluded pension annuity agreement.

9. The contributor of mandatory pension contributions and (or) the individual for whom mandatory professional pension contributions are transferred, the recipient of pension payments who has entered into a pension annuity agreement, have the right to use the pension savings remaining in the pension account after concluding the pension annuity agreement and (or) newly formed ones to conclude another pension annuity agreement with an insurance organization.

10. In case of changes to the current pension annuity agreement:

the frequency of insurance payments is determined in accordance with paragraph 12 of this article;

2) the amount of periodic insurance payment from an insurance organization under a pension annuity contract cannot be lower than 70 percent of the cost of living in effect on the date of amendments to the existing pension annuity contract.

11. The calculation of the insurance premium and insurance payment is carried out by the insurance organization in accordance with the methodology established by the authorized body for regulation, control and supervision of the financial market and financial organizations.

The permissible level of expenses of an insurance organization for conducting business under concluded pension annuity agreements, as well as the indexation rate of insurance payments, are established by the authorized body for regulation, control and supervision of the financial market and financial organizations.

Insurance payments are transferred to the recipient's bank account, the details of which are indicated in the pension annuity agreements.

Payment for banking services related to transfers and payments of insurance benefits is carried out at the expense of the insurance organization’s own funds.

12. Insurance payments under the pension annuity agreement are made monthly.

The first monthly insurance payment is made by the insurance organization no later than ten working days from the date of transfer of the insurance premium amount to the insurance organization under the pension annuity agreement, but not earlier than the policyholder reaches the age of:

men – 55 years old;

women:

from January 1, 2021 – 52 years old;

from January 1, 2022 – 52.5 years;

from January 1, 2023 – 53 years;

from January 1, 2028 – 53.5 years;

from January 1, 2029 – 54 years;

from January 1, 2030 – 54.5 years;

from January 1, 2031 – 55 years;

persons specified in subparagraph 4) of paragraph 1 of Article 221 of this Code - 50 years.

13. Persons who have entered into a pension annuity agreement have the right, no earlier than two years from the date of its conclusion, to apply to the insurance organization with an application to change the terms of the agreement in terms of reducing the amount of insurance payments and returning the money to the unified pension savings fund.

The amount of money to be returned to the unified pension savings fund is equal to the difference between the redemption amount under the pension annuity contract on the date of amendments to it and the amount of the insurance premium calculated based on the amount of payment determined by paragraph 2 of Article 225 of this Code on the date of amendments to the pension annuity contract.

14. The procedure for transferring redemption amounts from one insurance organization to another insurance organization in connection with the conclusion of a pension annuity agreement, to a unified pension savings fund under a pension annuity agreement is determined by a regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

Article 227. Rights and obligations of the parties to a pension annuity agreement

The policyholder has the right to:

familiarization with calculations of the amount of insurance payments carried out by the insurance organization;

2) use of pension savings to pay insurance premiums when concluding a pension annuity agreement with an insurance organization or making changes and (or) additions to existing agreements;

3) raising own funds if the amount of pension savings is insufficient to pay the insurance premium when concluding a pension annuity agreement with an insurance organization or making changes and (or) additions to existing agreements;

4) engaging independent actuaries to calculate the amount of insurance payments from the insurance organization;

5) receiving a copy of the pension annuity agreement.

2. The policyholder is obliged:

notify the unified accumulative pension fund, voluntary accumulative pension fund within ten calendar days from the date of conclusion of the pension annuity agreement or amendments to the pension annuity agreement with the submission of the original of such agreement and (or) additional agreement to the pension annuity agreement;

2) upon termination of the pension annuity contract, apply for termination of the pension annuity contract and submit the original contract with the new insurance organization within ten working days from the date of conclusion of the new pension annuity contract.

3. The insurance organization receives the amount of the insurance premium according to the pension annuity agreement at a time and in full.

4. The insurance organization is obliged:

familiarize the policyholder with calculations of the amount of insurance payments from the insurance organization;

2) draw up a pension annuity agreement in the manner prescribed by this Code and the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations;

3) exchange data under concluded agreements with the organization for the formation and maintenance of an insurance database in the manner and within the time frame determined by the authorized body for regulation, control and supervision of the financial market and financial organizations;

4) within ten working days from the date of receipt of information from the organization for the formation and maintenance of an insurance database on the conclusion of a pension annuity agreement with a new insurance organization, transfer the redemption amount to the new insurance organization;

5) in case of untimely payment of insurance payments from the insurance organization provided for in the pension annuity agreement, pay the policyholder or insured whose rights are violated a penalty in the amount of 1.5 percent of the unpaid amount for each day of delay, but not more than 50 percent of the unpaid amount;

6) within twenty calendar days from the date of receipt of the application provided for in paragraph 13 of Article 226 of this Code, transfer the amount of money to be returned to the unified accumulative pension fund.

Article 228. Procedure for transferring pension savings to an insurance organization

Within five working days from the date of receipt of information about the concluded pension annuity agreement with an insurance organization, a unified pension savings fund, a voluntary savings pension fund are obliged to transfer the pension savings of the contributor (recipient) to the insurance organization.

2. In case of delay in fulfilling the obligations specified in paragraph 1 of this article, the unified accumulative pension fund, voluntary accumulative pension fund are liable to the recipient in accordance with the laws of the Republic of Kazakhstan.

Paragraph 1. General provisions

In connection with the death of relatives and friends, persons have the right to social protection in the form of:

state social benefits in the event of the loss of a breadwinner to disabled family members of the deceased breadwinner who were dependent on him;

2) social benefits in the event of the loss of a breadwinner, if the deceased breadwinner was a participant in the compulsory social insurance system.

2. The rights provided for in this article are exercised in the manner and under the conditions provided for by this Code.

3. By decision of local executive bodies, persons who have lost their breadwinner may be provided with additional measures of social assistance.

The basis for the assignment of state social benefits in the event of the loss of a breadwinner and social payments in the event of the loss of a breadwinner (hereinafter referred to as benefits and social payments for persons who have lost a breadwinner) is the application of a person entitled to benefits and social payments for persons who have lost a breadwinner, or his legal representative.

2. Submission of an application for the assignment of benefits and social payments for persons who have lost their breadwinner is not required when they are assigned through a proactive service in accordance with the Law of the Republic of Kazakhstan “On State and Socially Responsible Services.”

3. The authorized state body determines the procedure for:

calculation (determination) of the size, assignment, payment, suspension, recalculation, renewal, termination and review of the decision on the assignment (refusal to assign) state social benefits in the event of the loss of a breadwinner;

calculation (determination) of the size, assignment, implementation, suspension, recalculation, renewal, termination and revision of the decision on the assignment (refusal to assign) social benefits in the event of the loss of a breadwinner.

The grounds for refusing to accept an application for benefits and social payments for persons who have lost their breadwinner are:

obtaining from the information system of the authorized state body information confirming the facts of appointment, implementation of benefits and social payments for persons who have lost their breadwinner, filing an application or consent through a proactive service for their appointment;

2) submission by the applicant of an incomplete package of documents in accordance with the legislation of the Republic of Kazakhstan and (or) documents with expired validity, and (or) documents the validity of which expires on the day of the decision to assign or refuse to assign benefits and social payments for persons who have lost their breadwinner;

4) lack of the right to receive benefits and social payments for persons who have lost their breadwinner;

5) lack of consent of the applicant to access restricted personal data, which is required to assign benefits and social payments for persons who have lost their breadwinner.

2. The grounds for refusal to grant benefits and social payments for persons who have lost their breadwinner are:

establishing the unreliability of the documents submitted by the applicant for the assignment of benefits and social payments for persons who have lost their breadwinner, and (or) the data (information) contained in them;

2) non-compliance of the applicant and (or) the submitted documents, data and information necessary for the assignment of benefits and social payments for persons who have lost their breadwinner with the requirements established by the legislation of the Republic of Kazakhstan;

3) failure to provide the document and (or) information required by the Fund during verification necessary for the assignment of social benefits in the event of the loss of a breadwinner;

4) a negative value of the calculated amount of social benefits in case of loss of a breadwinner.

Recipients of benefits and social benefits for persons who have lost their breadwinner have the right:

receive social benefits in the event of the loss of a breadwinner in the manner prescribed by this Code, regardless of the receipt of state social benefits in the event of the loss of a breadwinner;

2) request and receive free information from the State Corporation and the Fund on the procedure for assigning and receiving benefits and social payments for persons who have lost their breadwinner;

3) appeal decisions, actions (inaction) of state bodies, the State Corporation and the Fund in the manner established by the laws of the Republic of Kazakhstan.

2. Recipients of benefits and social payments for persons who have lost their breadwinner are obliged to:

provide complete and reliable information for the assignment of benefits and social payments for persons who have lost their breadwinner, in accordance with the legislation of the Republic of Kazakhstan;

2) during the period of receiving benefits and social payments for persons who have lost a breadwinner, inform the State Corporation about the circumstances that may serve as the basis for changing the amount of benefits and social payments for persons who have lost a breadwinner, or terminating their payment, within ten working days.

In the event that the applicant has not notified in a timely manner about the circumstances affecting the amount of benefits and social payments for persons who have lost their breadwinner, their amounts are revised from the moment the specified circumstances occur, but not earlier than the moment they are assigned;

3) make a return of excessively credited (paid) amounts of benefits and social payments for persons who have lost their breadwinner, on a voluntary basis, and in case of refusal - in court on the basis of a court decision that has entered into legal force.

3. Amounts of benefits and social payments for persons who have lost a breadwinner, not received in a timely manner or not received in full due to the fault of the State Corporation and (or) an authorized state body, and (or) the Fund, are paid for the past time from the date the right to them arose without a time limit.

Deductions from benefits and social payments for persons who have lost a breadwinner are not made, with the exception of excessively credited (paid) amounts of benefits, social payments for persons who have lost a breadwinner, which are withheld from the amounts due for payment based on the application of the recipient.

Disabled members of the family of the deceased breadwinner who were dependent on him have the right to state social benefits in the event of the loss of a breadwinner. In this case, children and persons specified in subparagraph 3) of paragraph 2 of this article are awarded benefits regardless of whether they were dependent on the breadwinner.

The provisions of part one of this paragraph apply to citizens of the Republic of Kazakhstan, foreigners and stateless persons permanently residing in the Republic of Kazakhstan, unless otherwise provided by the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.

2. Disabled family members are considered:

children (including adopted children, stepsons and stepdaughters), brothers, sisters and grandchildren under eighteen years of age and older than this age, if they were recognized as persons with disabilities before reaching eighteen years of age, while brothers, sisters and grandchildren - provided that they do not have able-bodied parents, stepsons and stepdaughters - if they do not receive alimony from their parents.

Minors who have the right to state social benefits in the event of the loss of a breadwinner retain this right also upon their adoption;

2) father, mother (including adoptive parents), spouse, if they have reached retirement age in accordance with Article 207 of this Code;

3) one of the parents or spouse or grandfather, grandmother, brother or sister, regardless of age and ability to work, if he (she) is busy caring for children, brothers, sisters or grandchildren of the deceased breadwinner who have not reached eight years of age, and does not work;

4) grandfather and grandmother, if they have reached retirement age in accordance with Article 207 of this Code, in the absence of persons who are obliged to support them, who do not have other sources of livelihood.

3. Citizens over eighteen years of age studying in general educational or professional programs in organizations of general secondary, technical and vocational, post-secondary education, higher, postgraduate education in full-time education, including the period of academic leave, have the right to state social benefits in the event of the loss of a breadwinner until graduation, but not more than until they reach the age of twenty-three.

4. Members of the family of the deceased are considered dependent on him if they were fully supported by him or received assistance from him, which was their constant and main source of livelihood.

5. State social benefits in case of loss of a breadwinner assigned to children who have lost both parents (orphans) are paid to their legal representative.

6. All the rules of this paragraph concerning the families of the deceased also apply to the families of those missing or declared dead, if these facts are established in court.

7. Persons who are simultaneously entitled to state social benefits for disability and in the event of the loss of a breadwinner are assigned one benefit of their choice.

8. State social benefits in the event of the loss of a breadwinner are assigned from the date the right to benefits arises, but no more than twelve months before the day of applying for a benefit with all the necessary documents or before the day of receiving consent to assign a benefit through a proactive service in accordance with the Law of the Republic of Kazakhstan “On State and Socially Responsible Services”.

9. State social benefits in the event of the loss of a breadwinner are established for the entire period during which a family member of the deceased is considered disabled in accordance with this article, and for family members who have reached the age entitling them to receive pension payments in accordance with Article 207 of this Code - for life.

10. Persons who, according to the legislation in force before January 1, 1998, were assigned pensions for the loss of a breadwinner, from January 1, 1998, at the expense of budgetary funds, are paid state social benefits in the event of the loss of a breadwinner in an amount not less than the amount of pensions actually received before January 1, 1998.

For all family members entitled to state social benefits in the event of the loss of a breadwinner, one general state social benefit in the event of the loss of a breadwinner is assigned.

2. At the request of a family member, his share of the state social benefit in the event of the loss of a breadwinner is allocated and paid to him separately.

3. The allocation of a share of the state social benefit in the event of the loss of a breadwinner is made from the date of application for its allocation.

4. If the number of family members provided with state social benefits in the event of the loss of a breadwinner changes, its size increases or decreases accordingly according to the number of family members entitled to the benefit.

5. The same revision of the amount of state social benefits in the event of the loss of a breadwinner is also established in cases where its payment to one of the family members is suspended or resumed after the circumstances that caused the suspension of payment have passed.

State benefits for persons who have lost their breadwinner are paid taking into account changes in the level of the subsistence minimum established for the corresponding financial year by the law on the republican budget.

2. The maximum amount of state benefits in the event of the loss of a breadwinner is assigned in the amount of 3.00 subsistence minimum for all disabled members of his family.

3. The amount of state benefits in case of loss of a breadwinner is assigned:

if there is one disabled family member - 0.92 of the subsistence minimum;

if there are two – 1.70 subsistence minimum for all disabled family members;

if there are three – 2.25 subsistence minimum for all disabled family members;

if there are four – 2.60 subsistence minimum for all disabled family members;

if there are five – 2.75 subsistence minimum for all disabled family members.

If there are six or more disabled family members, the amount of benefit for each is calculated as an equal share of 3.00 of the subsistence minimum.

4. In the event of the loss of both parents, orphans are assigned a monthly survivor's allowance in the amount of 1.54 subsistence minimum for each child, for other disabled family members - in the amount of 0.62 subsistence minimum, but not more than 2.92 subsistence minimum for all disabled family members.

5. For family members of military personnel, employees of special state bodies, internal affairs bodies, civil protection bodies and the former State Investigative Committee of the Republic of Kazakhstan, who were killed or died as a result of injury, contusion, mutilation, illness received in the performance of official duties or military service, service in special government bodies, the amount of the monthly survivor's benefit increases from the date of application by 0.29 subsistence minimum for each disabled family member, but not more than 2.92 living wage for all family members.

6. If the amount of old-age pension payments received by a disabled family member is less than the amount of the monthly survivor benefit received, payment of the monthly survivor benefit is made in the form of corresponding additional payments to old-age pension payments up to the amount of the monthly survivor benefit established for these disabled family members.

Payment of state social benefits in case of loss of a breadwinner is made for the current month. In the event of the death of the recipient, the benefit is paid up to and including the month of death.

2. For persons living in centers for the provision of special social services in a hospital setting for the elderly and persons with disabilities and who are fully supported by the state, state social benefits in the event of the loss of a breadwinner are paid:

in the amounts provided for in Article 236 of this Code, if the assigned amount of benefit is lower than the subsistence level established for the corresponding financial year by the law on the republican budget;

in the amount of 30 percent of the amount of benefits assigned in accordance with Article 236 of this Code, but not lower than the subsistence level established for the corresponding financial year by the law on the republican budget.

Persons living in centers for the provision of special social services for persons with psychoneurological diseases in a hospital setting and who are fully supported by the state are paid a survivor's benefit in the amount of 30 percent of the amount of the benefit assigned in accordance with Article 236 of this Code, but not lower than the subsistence level.

Transfer of 70 percent of the assigned benefit amount is made to a separate bank account or to the cash control account of centers for the provision of special social services.

The procedure for using these funds by centers for the provision of special social services is determined by the authorized state body.

3. For children with disabilities with a disorder of the musculoskeletal system, living in centers for the provision of special social services in a hospital setting and being fully supported by the state, the state social benefit in case of loss of a breadwinner is paid in full.

4. If the recipient leaves the centers for the provision of special social services, the payment of state social benefits in the event of the loss of a breadwinner is resumed in full from the first day of the month following the month of departure.

5. The accrued amount of state social benefits in the event of the loss of a breadwinner, which is not claimed by the recipient in a timely manner, is paid for the past time, but no more than 3 years before applying for their receipt.

Payment of state social benefits in the event of the loss of a breadwinner is suspended from the first day of the month following the month of receipt of information, including from information systems, about:

absence of debit transactions for three or more months on the recipient’s bank account. In this case, payment of state social benefits in the event of the loss of a breadwinner is resumed from the date of suspension;

2) expiration of the validity period of the identity document of a foreigner or stateless person, the candas certificate. In this case, the payment of state social benefits in the event of the loss of a breadwinner is resumed from the day of issuance of an identification document of a foreigner or stateless person permanently residing in the territory of the Republic of Kazakhstan, a candas certificate;

3) the presence of a supporting document on the conduct of operational search activities to search for a missing person or a court decision to recognize the person as missing in relation to the recipient and (or) dependents. In this case, the payment of state social benefits in the event of the loss of a breadwinner is resumed from the date of termination of operational search activities to search for a missing person or the entry into force of a judicial act canceling a court decision declaring a person missing, but not earlier than the date of suspension;

4) deprivation or restriction of parental rights, invalidation of the decision on adoption or its cancellation. In this case, state social benefits in the event of the loss of a breadwinner are paid to the person appointed as the guardian (trustee) from the date of suspension. Upon restoration of parental rights, payment of state social benefits in the event of the loss of a breadwinner is resumed from the date of entry into force of the court decision on the restoration or abolition of restrictions on parental rights;

5) release or removal of the guardian (trustee) from the performance of his duties in cases established by the marriage and family legislation of the Republic of Kazakhstan. In this case, state social benefits in the event of the loss of a breadwinner are paid to the person appointed as the guardian (trustee), or to the person restored to the status of guardian, from the date of suspension;

6) identifying the fact of transfer of compulsory pension contributions, compulsory professional pension contributions to individual pension accounts of persons recognized as missing or declared dead, or the receipt of information confirming the fact that a citizen is alive. At the same time, if the fact that the citizen is alive is confirmed, the payment of the state social benefit in the event of the loss of a breadwinner is terminated; if not confirmed, the payment of the state social benefit in the event of the loss of a breadwinner is resumed from the date of suspension;

7) identifying the fact of employment of persons caring for children, brothers, sisters or grandchildren of the deceased breadwinner. Moreover, if the fact of employment is not confirmed, the payment of state social benefits in the event of the loss of a breadwinner is resumed from the date of suspension;

8) expulsion of a recipient of state social benefits in the event of the loss of a breadwinner over eighteen years of age from an educational organization or transferring him to correspondence education. At the same time, payment of state social benefits in the event of the loss of a breadwinner is resumed from the date of resumption of full-time studies in educational organizations;

9) identifying the fact of loss or renunciation of citizenship of the Republic of Kazakhstan before receiving a residence permit for a foreigner. In this case, the payment of state social benefits in the event of the loss of a breadwinner is resumed from the date of suspension, but not earlier than the date of receipt of the foreigner’s residence permit;

10) identifying the fact of receiving a survivor’s pension outside the Republic of Kazakhstan. In this case, the payment of state social benefits in the event of the loss of a breadwinner is resumed from the date of suspension upon repayment of excess credited (paid) pension amounts in the country of departure.

2. Payment of state social benefits in the event of the loss of a breadwinner is resumed upon application based on documents and (or) information received from information systems confirming the expiration of the circumstances that caused the suspension of benefit payment.

3. Payment of state social benefits in case of loss of a breadwinner is terminated from the first day of the month following the month of receipt:

information about death, including from information systems;

2) requesting the benefit recipient’s file from the authorized body of the country of departure;

3) an application from the recipient of the benefit to terminate the payment of benefits with the presentation of a document confirming his deregistration with the internal affairs bodies;

4) information about the identification of the fact that the recipient of the benefit has left for permanent residence outside the Republic of Kazakhstan, including from information systems;

5) information about the identification of the fact that the applicant provided false information, which resulted in his unreasonable appointment.

The right to social benefits in the event of the loss of a breadwinner arises from the date of death indicated in the death certificate or notification, or from the date of entry into legal force of a court decision declaring a citizen participant in the compulsory social insurance system dead, or from the date specified in a court decision declaring him missing or declaring him dead.

Moreover, if the death certificate of the deceased breadwinner, due to the impossibility of determining the exact date of death, indicates the period of death, the right to social benefits in the event of the loss of a breadwinner begins from the date of the beginning of the period of death.

2. The following family members who were dependent on the deceased (recognized by the court as missing or declared dead) breadwinner - participant in the compulsory social insurance system have the right to assign and receive social benefits in the event of the loss of a breadwinner:

children, including adopted children, brothers, sisters and grandchildren under eighteen years of age and older than this age, if they are recognized as persons with disabilities before reaching eighteen years of age.

At the same time, brothers, sisters and grandchildren - provided that they do not have able-bodied parents or if they do not receive alimony from their parents.

The persons specified in this subparagraph are over eighteen years of age and who:

are studying or have studied full-time in general education or professional programs in organizations of general secondary, technical, vocational, post-secondary, higher, postgraduate education, including the period of academic leave, have the right to assign and receive social benefits in the event of the loss of a breadwinner until the time of graduation, but not more than until they reach the age of twenty-three;

are persons with disabilities of the first and second groups since childhood, have the right to assign and receive social benefits in the event of the loss of a breadwinner for the period the disability is established;

2) one of the parents or spouse or grandfather, grandmother, brother or sister, regardless of age and ability to work, if he (she) is engaged in caring for the children, brothers, sisters or grandchildren of the deceased (recognized by the court as missing or declared dead) breadwinner under three years of age.

3. Social benefits in the event of the loss of a breadwinner, assigned to children left without parental care - participants in the compulsory social insurance system, are made to the adoptive parent, guardian (trustee) for each lost parent in accordance with the legislation of the Republic of Kazakhstan.

4. For all family members who were dependent on the deceased (recognized by the court as missing or declared dead) breadwinner, who have the right to appoint and receive a social payment in the event of the loss of a breadwinner, one social payment is assigned.

5. Upon a written application of a family member who was dependent on the deceased (recognized by the court as missing or declared dead) breadwinner, his share of the social payment is allocated and paid to him separately in the manner determined by the authorized state body.

The allocation of a share of social benefits in the event of the loss of a breadwinner is made from the date of application to the Fund.

6. In the event of a change in the number of family members who were dependent on the deceased (recognized by the court as missing or declared dead) breadwinner, the Fund makes a decision to recalculate the social benefit in the event of the loss of a breadwinner in the manner determined by the authorized government body. At the same time, the amount of social benefits increases or decreases accordingly according to the number of family members entitled to receive social benefits.

If one of the family members who was dependent on the deceased (recognized by the court as missing or declared dead) breadwinner did not exercise his right to apply for a social payment in the event of the loss of a breadwinner, then it is assigned to the specified person from the date of application to the Fund in the case of the allocation of a social payment in the event of the loss of a breadwinner in accordance with paragraph 5 of this article, and in case of non-allocation - from the date the right to a social payment in the event of the loss of a breadwinner arose.

7. An application for social benefits in the event of the loss of a breadwinner cannot exceed the following period:

reaching the age of twenty-three by children, including adopted children, brothers, sisters and grandchildren who were dependent on the deceased (recognized by the court as missing or declared dead) breadwinner, on the date of application for social benefits, with the exception of persons recognized as persons with disabilities before reaching the age of eighteen years;

reaching the age of three by children, brothers, sisters or grandchildren of a deceased (recognized by the court as missing or declared dead) breadwinner, for whom one of the parents or spouse or grandfather, grandmother, brother or sister, regardless of age and ability to work, was (was) engaged in care.

8. In case of receipt of social contributions to the Fund for the period that was accepted for calculating social payments in the event of the loss of a breadwinner, after the date of application for their assignment, the amount of assigned social payments in the event of the loss of a breadwinner is not recalculated to the recipient.

The amount of monthly social payment in case of loss of a breadwinner is determined by multiplying the average monthly income taken into account as the object of calculation of social contributions, minus 50 percent of the minimum wage established by the law on the republican budget on the date of emergence of the right to social payment, by the corresponding income replacement coefficients, number of dependents and length of participation in the manner determined by the authorized government body.

For persons specified in Articles 101-1 and 102-1 of this Code, when calculating social benefits in the event of the loss of a breadwinner, income for each month from which social contributions were made is determined by dividing the amount of social contributions actually received per month by the rate of social contributions established by paragraph 1 of Article 244 of this Code.

Social payment in the event of the loss of a breadwinner is made to the family members of the deceased (recognized by the court as missing or declared dead) breadwinner, who were his dependents, on a monthly basis for the period of time during which the family member (members) of the deceased (recognized by the court as missing or declared dead) breadwinner retains the right to receive social payments.

2. The coefficient of the number of dependents is determined depending on the number of persons who were dependent on the breadwinner - a participant in the compulsory social insurance system before death, and is 0.5 for one dependent; two dependents – 0.65; three dependents – 0.8; four or more dependents – 1.0.

The length of participation coefficient for a participant in the compulsory social insurance system is:

less than six months – 0.1;

from six to twelve months – 0.7;

from twelve to twenty-four months – 0.75;

from twenty-four to thirty-six months – 0.85;

from thirty-six to forty-eight months – 0.9;

from forty-eight to sixty months – 0.95;

from sixty to seventy-two months – 1.0;

from sixty or more months - 0.02 is added to 1.0 for every twelve months of participation in the compulsory social insurance system, but not more than 1.3.

When determining the length of participation coefficient, the periods of receiving social benefits in case of loss of income due to restrictions on activities during the state of emergency, restrictive measures, periods of labor, entrepreneurial activity, private practice in types of activities to which, by decision of the Government of the Republic of Kazakhstan, an adjustment factor of 0 was applied to the rate of social contributions, as well as the period of activity of an employee whose employer was not a subject of the quasi-public sector and was engaged in the creation and broadcast of television programs and (or) radio broadcasting, and (or) publication of newspapers, magazines and (or) periodical publications, income from which was excluded from the income of an individual subject to taxation from April 1, 2020 to October 1, 2020.

3. If the payer does not return excessively (erroneously) paid social contributions within the terms and cases determined by the authorized state body, when calculating the amount of social benefits in the event of the loss of a breadwinner, the amounts of excessively (erroneously) paid social contributions are not taken into account.

4. An increase in the amount of social benefits in the event of the loss of a breadwinner is made on the basis of a decision of the Government of the Republic of Kazakhstan to persons who were assigned the corresponding social benefits on the date of the increase, at the proposal of the authorized government body.

5. Social contributions received from income declared illegal on the basis of judicial acts and acts of the pre-trial investigation body, paid for the period taken into account when determining the amount of social payments, are not taken into account in subsequent applications by a participant in the compulsory social insurance system for the assignment of social benefits in the event of the loss of a breadwinner.

Social benefits in the event of the loss of a breadwinner are suspended from the first day of the month following the month of receipt of information, including from information systems, about:

absence of debit transactions for three or more months on the recipient’s bank account. In this case, social benefits in case of loss of a breadwinner are resumed from the date of suspension;

2) the recipient leaves for permanent residence outside the Republic of Kazakhstan.

For a person who left for permanent residence outside the Republic of Kazakhstan, was a recipient of social benefits in the event of the loss of a breadwinner and returned back, in the event of non-receipt of payment in the country of departure, the social payment in the event of the loss of a breadwinner is resumed from the date of termination of the social payment in the event of the loss of a breadwinner, but no more than three years before applying for its receipt.

In this case, the social benefit in case of loss of a breadwinner is renewed in the amount established at the time of departure from the Republic of Kazakhstan. If during the period of departure there was an increase in social benefits in the event of the loss of a breadwinner, its size is established taking into account these increases.

In case of receiving payments in the country of departure, social benefits in case of loss of a breadwinner are resumed from the date of application, subject to registration at a permanent place of residence in the Republic of Kazakhstan in the amount established at the time of departure from the Republic of Kazakhstan;

3) the recipient is serving a criminal sentence imposed by the court in the form of imprisonment. In this case, social benefits in the event of the loss of a breadwinner are made to the person appointed as the guardian (trustee) from the date of suspension;

4) expiration of the validity period of the identity document of a foreigner or stateless person, the candas certificate. At the same time, social benefits in the event of the loss of a breadwinner are resumed from the date of issuance of an identification document of a foreigner or stateless person permanently residing in the territory of the Republic of Kazakhstan, a candas certificate;

5) the presence of a supporting document on the conduct of operational search activities to search for a missing person or a court decision to recognize the person as missing in relation to the recipient and (or) dependents. In this case, social benefits in the event of the loss of a breadwinner are resumed from the date of termination of operational search activities to search for a missing person or the entry into force of a judicial act canceling a court decision declaring a person missing, but not earlier than the date of suspension;

6) termination by the recipient of citizenship of the Republic of Kazakhstan on the grounds provided for by the Law of the Republic of Kazakhstan “On Citizenship of the Republic of Kazakhstan”. At the same time, social benefits in the event of the loss of a breadwinner are resumed from the date of issuance of an identification document of a foreigner or stateless person permanently residing in the territory of the Republic of Kazakhstan;

7) expulsion of a recipient (dependent) over eighteen years of age from an educational organization or his transfer to correspondence education. At the same time, social benefits in case of loss of a breadwinner are resumed from the date of resumption of full-time studies in educational organizations;

8) death of the recipient (the entry into force of a court decision declaring him dead). In this case, social benefits in the event of the loss of a breadwinner are made to the person appointed as the guardian (trustee) from the date of suspension;

9) deprivation or restriction of the recipient’s parental rights, invalidation of the decision on adoption or its cancellation. In this case, social benefits in the event of the loss of a breadwinner are made to the person appointed as the guardian (trustee) from the date of suspension. Upon restoration of parental rights, social benefits in the event of the loss of a breadwinner are resumed from the date of entry into force of the court decision on the restoration or abolition of restrictions on parental rights;

10) release or removal of the guardian (trustee) from the performance of his duties in cases established by the marriage and family legislation of the Republic of Kazakhstan. In this case, social payment in the event of the loss of a breadwinner is made to the person appointed as a guardian (trustee), or to a person restored to the status of a guardian (trustee), from the date of suspension;

11) receipt of social contributions, as well as mandatory pension contributions, mandatory professional pension contributions to individual pension accounts of persons recognized as missing or declared dead, or receipt of information confirming the fact that a citizen is alive. At the same time, if the fact that the citizen is alive is confirmed, the social payment is terminated; if not, the social payment in case of loss of a breadwinner is resumed from the date of suspension;

12) the applicant provided false information, which resulted in an unreasonable determination of the amount of social benefits in the event of the loss of a breadwinner. In this case, social benefits in case of loss of a breadwinner are resumed in the amount determined in accordance with this Code from the date of suspension.

2. Social benefits in the event of the loss of a breadwinner are resumed upon application based on documents and (or) information received from information systems confirming the expiration of the circumstances that caused the suspension of social benefits in the event of the loss of a breadwinner, subject to the preservation of the right to social benefits for care.

3. Social benefits in case of loss of a breadwinner are terminated:

in connection with the submission by the recipient of unreliable documents (information) that served as the basis for the decision to assign social benefits in the event of the loss of a breadwinner. In this case, social benefits in case of loss of a breadwinner are terminated from the date of its appointment;

2) in connection with the recipient’s application for termination of social benefits in the event of the loss of a breadwinner. In this case, social benefits in the event of the loss of a breadwinner are terminated on the first day of the month following the month of filing the application;

3) in connection with the death of the only person who was dependent on the deceased (recognized by the court as missing or declared dead) breadwinner. In this case, social benefits in case of loss of a breadwinner are carried out up to and including the month of death;

4) from the date of expiration of the period for establishing disability of a person who was dependent on the deceased (recognized by the court as missing or declared dead) breadwinner;

5) in the event that the medical and social examination unit makes a decision to recognize a person who was dependent on a deceased (recognized by the court as missing or declared dead) breadwinner as able to work from the first day of the month following the month in which he was recognized as able to work.

Chapter 17. ONE-TIME PAYMENTS FOR FUNERALS TO SOME CATEGORIES OF CITIZENS

Article 242. One-time payments for funeral

In the event of the death of a recipient of old-age pension payments or a recipient of a state basic pension payment, state social benefits to his family or the person who performed the burial, a one-time payment for burial is made from the republican budget in the amount of 35 times the monthly calculation index established for the corresponding financial year by the law on the republican budget.

In the event of the death of a recipient of old-age pension payments who was a veteran of the Great Patriotic War, his family or the person who performed the burial, a lump sum payment for burial is made in the amount of 36.6 times the monthly calculation index established for the corresponding financial year by the law on the republican budget.

2. The amount is determined at the time of the death of the recipient, if the application for a lump sum payment for funeral followed no later than three years after the date of death of the recipient of the pension or benefit.

3. In the event of the death of a person who has pension savings in the unified accumulative pension fund, voluntary accumulative pension fund, his family members, the unified accumulative pension fund, voluntary accumulative pension fund makes a one-time payment for burial at the expense of the pension savings of the deceased person within the amount of 94 times the monthly calculation index established for the corresponding financial year by the law on the republican budget, but not more than those available on individual pension account of the deceased person.

If the balance of pension savings on the individual pension account of the deceased person after making a lump sum funeral payment amounts to an amount not exceeding the minimum pension established for the corresponding financial year by the law on the republican budget, this balance is paid as a funeral payment to the family members of the deceased.

4. In the event of the death of the policyholder, the insurance organization, at its own expense, makes a one-time funeral payment to the family or the person who performed the burial in the amount established by the pension annuity agreement, but not less than 35 times the monthly calculation index established for the corresponding financial year by the law on the republican budget.

5. The procedure for assigning and making a lump sum payment for burial from the republican budget is determined by the authorized state body.

The following are subject to compulsory social insurance:

employees, persons with other paid work (elected, appointed or approved), including those carrying out labor activities in representative offices of international organizations in the Republic of Kazakhstan, diplomatic missions and consular offices of foreign states accredited in the Republic of Kazakhstan;

2) individual entrepreneurs, including heads of peasant or farm enterprises, as well as their members who have reached the age of eighteen;

3) persons engaged in private practice;

4) individuals receiving income under civil law contracts concluded with tax agents in accordance with the legislation of the Republic of Kazakhstan, the subject of which is the performance of work (provision of services), including those working in representative offices of international organizations in the Republic of Kazakhstan, diplomatic missions and consular offices of foreign states accredited in the Republic of Kazakhstan (hereinafter referred to as individuals receiving income under civil law contracts);

6) individual assistants in accordance with this Code.

7) individuals applying a special tax regime for the self-employed, specified in Article 101-1 of this Code;

8) individuals carrying out activities to provide services or perform work using Internet platforms and (or) mobile applications for platform employment.

Persons who have reached the age specified in Article 207 of this Code are not subject to compulsory social insurance.

This article applies to candidates, as well as foreigners and stateless persons permanently residing in the territory of the Republic of Kazakhstan, carrying out income-generating activities in the territory of the Republic of Kazakhstan, on an equal basis with citizens of the Republic of Kazakhstan.

Social contributions payable by payers to the Fund for participants in the compulsory social insurance system and (or) in their own favor are established in the amount of 3.5 percent of the object of calculation of social contributions, from January 1, 2025 - 5 percent of the object of calculation of social contributions, except for the cases provided for in paragraph 2 of Article 102-1 of this Code.

3. For tax agents who have chosen to pay social contributions as part of a single payment, the rate of social contributions is set at 3.2 percent of the object of calculation of social contributions, from January 1, 2025 - 4.5 percent of the object of calculation of social contributions.

The share of social contributions in the single payment rate established by paragraph 1 of Article 822 of the Tax Code of the Republic of Kazakhstan is:

from January 1, 2023 – 16.0 percent;

from January 1, 2024 – 14.9 percent;

from January 1, 2025 – 18.9 percent;

from January 1, 2026 – 18.1 percent;

from January 1, 2027 – 17.4 percent;

from January 1, 2028 – 17.1 percent.

The object of calculation of social contributions for employees and persons specified in subparagraph 1) of part one of Article 243 of this Code are the employer’s expenses in the form of:

employee income subject to taxation at the source of payment accrued for the tax period,

minus

mandatory pension contributions for the tax period

minus

income by which income subject to taxation at the source of payment is reduced, provided for in paragraph 1 of Article 400 of the Tax Code of the Republic of Kazakhstan, with the exception of income specified in subparagraphs 1), 2), 3) and 7) of Article 429 of the Tax Code of the Republic of Kazakhstan, for the tax period.

The employer's expenses include the salary of military personnel, employees of special government and law enforcement agencies.

At the same time, the monthly object for calculating social contributions from one payer should not exceed 7 times the minimum wage established for the corresponding financial year by the law on the republican budget.

If the object of calculation of social contributions from one payer for a calendar month is less than the minimum wage established for the corresponding financial year by the law on the republican budget, then social contributions are calculated and paid based on the minimum wage.

The provisions of part four of this paragraph do not apply to persons specified in subparagraphs 7) and 8) of part one of Article 243 of this Code.

2. The objects of calculation of social contributions for the persons specified in subparagraphs 2) and 3) of Article 243 of this Code are:

for themselves and members of peasant or farm households - the amount of income received, determined by them independently for the purposes of calculating social contributions in their favor, equal to the income determined for the transfer of mandatory pension contributions in their favor, with the exception of income from which social contributions are not paid to the Fund, but not more than the income determined for tax purposes in accordance with the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget" (Tax Code).

In this case, the income accepted for calculating social contributions per month should not exceed 7 times the minimum wage established for the corresponding financial year by the law on the republican budget.

If the income of these persons is less than the minimum wage established for the corresponding financial year by the law on the republican budget, then they pay social contributions in their favor from the minimum wage established for the corresponding financial year by the law on the republican budget;

for hired workers - expenses paid to the employee in the form of income as wages, with the exception of income from which social contributions are not paid to the Fund, subject to the restrictions established by paragraph 1 of this article.

3. The object of calculation of social contributions for the persons specified in subparagraph 4) of part one of Article 243 of this Code is:

the amount of income of an individual under a civil law contract, the subject of which is the performance of work (provision of services), subject to taxation at the source of payment accrued for the tax period,

minus

mandatory pension contributions for the tax period

minus

income by which income subject to taxation at the source of payment, provided for in paragraph 1 of Article 400 of the Tax Code of the Republic of Kazakhstan, is reduced for the tax period.

Social contributions withheld from the income of persons specified in subparagraph 4) of part one of Article 243 of this Code are transferred by payers in the manner determined by the authorized state body.

5. The object of calculation of the single payment is the employee’s income, determined by Article 821 of the Tax Code of the Republic of Kazakhstan.

The calculation and payment of social contributions included in the single payment are made at the expense of the payer of the single payment.

At the same time, the monthly income accepted for calculating social contributions from a single payment should not exceed 7 times the minimum wage established for the corresponding financial year by the law on the republican budget.

6. The object of calculation of social contributions for the persons specified in subparagraph 6) of part one of Article 243 of this Code is the income paid to them by local executive bodies and other legal entities.

7. Social contributions to the Fund are not paid on income that, for tax purposes, is not considered as income of an individual, with the exception of the income of an individual assistant who provides social services to a person with a first group disability who has difficulty moving.

This paragraph does not apply to the income of employees from whom a single payment is calculated in accordance with Chapter 94 of the Tax Code of the Republic of Kazakhstan, as well as to the income of persons specified in Articles 101-1 and 102-1 of this Code.

Social contributions to the Fund are calculated and paid by the payer monthly no later than the 25th day of the month following the reporting month, indicating the month for which social contributions are paid, unless otherwise established by this article, in the manner determined by the authorized state body.

3. Tax agents for individuals who have received income under civil contracts shall pay social contributions no later than the 25th day of the month following the month in which the income was received.

5. Tax agents pay social contributions included in the single payment within the time limits established by paragraph 5 of Article 823 of the Tax Code of the Republic of Kazakhstan. The procedure for payment, transfer and distribution, as well as the return of overpaid (erroneously) paid amounts of a single payment and (or) penalties for late and (or) incomplete payment of a single payment is determined by the authorized state body in agreement with the National Bank of the Republic of Kazakhstan, as well as the authorized body in charge of ensuring the receipt of taxes and other obligatory payments to the budget, and authorized bodies for state planning, in the field of healthcare and informatization.

6. The day of payment of social contributions made in non-cash form is the day of receipt of acceptance of a payment order for the amount of social contributions from a bank or organization carrying out certain types of banking operations, in cash - the day the payer makes social contributions to the bank or organization carrying out certain types of banking operations.

7. Social contributions are paid in the national currency of the Republic of Kazakhstan.

8. Control over the completeness and timeliness of payment of social contributions and (or) penalties accrued in accordance with part one of paragraph 1 of Article 256 of this Code is carried out by state revenue authorities in accordance with the legislation of the Republic of Kazakhstan.

9. Information on the status and movement of social contributions when participants in the compulsory social insurance system apply to the State Corporation, the Fund is issued by them in the manner determined by the authorized state body.

10. Payment of social contributions by persons applying a special tax regime for the self-employed, specified in Article 101-1 of this Code, can be made for the current and subsequent months of the calendar year and is made no later than the 25th day of the month following the month of receipt of income.

At the same time, arrears of social contributions and (or) penalties for their late and (or) incomplete payment are calculated and paid from income for the period of receipt of payment for work performed, services rendered on the basis of receipts from a special mobile application.

Amounts of overpaid (erroneously) paid social contributions and (or) penalties for late and (or) incomplete payment of social contributions by the payer are subject to refund in the manner and in cases determined by the Government of the Republic of Kazakhstan.

2. The following cannot be returned:

the amount of social contributions and penalties subject to mandatory payment to the Fund;

2) the amounts of excessively (erroneously) paid social contributions, calculated for the period that was taken into account for the assignment of social payments, with the exception of the amounts of excessively (erroneously) paid social contributions not taken into account when calculating the amount of social payments in accordance with paragraph 4 of Article 78, paragraph 4 of Article 85, paragraph 4 of Article 118, paragraph 2 of Article 181, paragraph 3 of Article 240 of this Code.

Chapter 19. PENSION CONTRIBUTIONS

Article 248. Payment of mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions

Mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions to the unified accumulative pension fund are subject to payment by agents at rates determined by this Code.

2. Mandatory pension contributions are paid to the unified pension savings fund:

employees, persons with other paid work (elected, appointed or approved), including those working in representative offices of international organizations in the Republic of Kazakhstan, diplomatic missions and consular offices of foreign states accredited in the Republic of Kazakhstan;

2) persons receiving income under civil law contracts, the subject of which is the performance of work (provision of services), concluded with tax agents, including those working in representative offices of international organizations in the Republic of Kazakhstan, diplomatic missions and consular offices of foreign states accredited in the Republic of Kazakhstan.

Mandatory pension contributions are withheld and paid by agents from the income of the persons specified in part one of this paragraph in the manner prescribed by this Code.

The procedure and timing for calculation, deduction (accrual) and transfer of mandatory pension contributions, mandatory professional pension contributions to the unified pension savings fund and collections on them are developed by the authorized state body.

The rules for the withdrawal and transfer to the budget of the amounts of mandatory pension contributions additionally established for judges of the Constitutional Court of the Republic of Kazakhstan, judges, in the event of their dismissal from office for negative reasons, are developed by the authorized state body and approved by the Government of the Republic of Kazakhstan.

3. The following are exempt from paying mandatory pension contributions to the unified accumulative pension fund:

persons who have reached retirement age in accordance with paragraph 1 of Article 207 of this Code;

2) persons with disabilities of the first and second groups, if the disability is established for an indefinite period. Payment of mandatory pension contributions to the unified accumulative pension fund is carried out at the request of the persons specified in this subparagraph;

3) military personnel (except for conscripts), employees of special state and law enforcement agencies, civil protection agencies, state courier service, as well as persons whose rights to have special ranks, class ranks and wear uniforms have been abolished since January 1, 2012;

4) recipients of pension payments for long service.

4. Payment of mandatory pension contributions to the unified pension savings fund is carried out independently:

individual entrepreneurs, including heads of peasant or farm enterprises, their members who have reached the age of eighteen, as well as persons engaged in private practice, for their own benefit;

2) individuals permanently residing in the territory of the Republic of Kazakhstan, receiving income under civil contracts, the subject of which is the performance of work (provision of services), concluded with individuals who are not tax agents;

3) individuals permanently residing on the territory of the Republic of Kazakhstan, working in representative offices of international organizations in the Republic of Kazakhstan, diplomatic missions and consular offices of foreign states accredited in the Republic of Kazakhstan;

4) individuals applying a special tax regime for the self-employed, specified in Article 101-1 of this Code.

5. Mandatory professional pension contributions to the unified accumulative pension fund are paid by agents for workers engaged in work with hazardous working conditions, whose professions are provided for in the list of industries, works, professions of workers, approved by the authorized state body.

An agent is exempt from paying mandatory professional pension contributions to the unified accumulative pension fund for:

persons who have reached retirement age in accordance with paragraph 1 of Article 207 of this Code;

2) military personnel (except for conscripts), employees of special state and law enforcement agencies, civil protection agencies, state courier service, as well as persons whose rights to have special ranks, class ranks and wear uniforms have been abolished since January 1, 2012;

3) recipients of pension payments for long service.

6. Mandatory pension contributions of the employer to the unified accumulative pension fund are paid by agents for employees, persons with other paid work (elected, appointed or approved), except for the cases provided for in part three of this paragraph.

The procedure and timing of calculation (accrual) and transfer of mandatory pension contributions of the employer to the unified accumulative pension fund and collections on them are developed by the authorized state body and approved by the Government of the Republic of Kazakhstan.

An agent is exempt from paying mandatory employer pension contributions to the unified accumulative pension fund for:

persons who have reached retirement age in accordance with paragraph 1 of Article 207 of this Code;

2) persons with disabilities of the first and second groups, if the disability is established for an indefinite period;

4) recipients of pension payments for long service;

5) judges of the Constitutional Court of the Republic of Kazakhstan, whose powers have been terminated due to the expiration of the term of office established by the Constitution of the Republic of Kazakhstan, receiving a monthly salary for life, retired judges receiving a monthly salary;

6) persons born before January 1, 1975.

7. Mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions are paid in the national currency of the Republic of Kazakhstan.

8. Income for calculating mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions includes all types of wages in monetary terms and other income.

9. Withheld (accrued) mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions are transferred to the State Corporation in the manner determined by the Government of the Republic of Kazakhstan.

Payment of mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions is carried out:

individual entrepreneurs and legal entities (except for persons specified in subparagraphs 2) and 4) of this paragraph), persons engaged in private practice, from income paid to employees, as well as to individuals under civil contracts, the subject of which is the performance of work (rendering services) - no later than the 25th day of the month following the month of payment of income;

2) individual entrepreneurs, peasant or farm enterprises, persons engaged in private practice,

in your favor - no later than the 25th day of the month following the reporting month;

4) State corporation - no later than the 15th day of the month following the month of making social payments;

5) by an insurance organization - no later than the 25th day of the month following the month of making the insurance payment as compensation for damage associated with loss of earnings (income);

6) by the persons specified in paragraph 4 of this article - no later than the 25th day of the month following the month of payment of income, unless otherwise provided by the Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget” (Tax Code);

6-1) individuals applying a special tax regime for the self-employed, specified in Article 101-1 of this Code - no later than the 25th day of the month following the month of payment of income for the current and subsequent months of the calendar year;

8) By the operator - no later than the 25th day of the month following the month of payment of income.

10. The amounts of withheld mandatory pension contributions and mandatory pension contributions of the employer included in the single payment are transferred to the State Corporation by agents for calculation (accrual), transfer of the single payment within the time limits established by paragraph 5 of Article 823 of the Tax Code of the Republic of Kazakhstan. The procedure for payment, transfer and distribution, as well as the return of overpaid (erroneously) paid amounts of a single payment and (or) penalties for late and (or) incomplete payment of a single payment is determined by the authorized state body in agreement with the National Bank of the Republic of Kazakhstan, as well as the authorized body in charge of ensuring the receipt of taxes and other obligatory payments to the budget, and authorized bodies for state planning, in the field of healthcare and informatization.

11. Control over the complete and timely payment of mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions and (or) penalties accrued in accordance with paragraph 1 of Article 256 of this Code is carried out by state revenue authorities in accordance with the legislation of the Republic of Kazakhstan, with the exception of the payment of mandatory pension contributions by persons specified in subparagraphs 2) and 3) of paragraph 4 of this article.

12. Mandatory pension contributions cannot be paid in favor of other persons.

13. By decision of a resident legal entity, its branches and representative offices may be considered as agents.

Article 249. Rate of mandatory pension contributions

Mandatory pension contributions payable to the unified pension savings fund are established:

for persons specified in subparagraphs 1) and 2) of part one of paragraph 2 of Article 248 of this Code, in the amount of 10 percent of the monthly income accepted for calculating mandatory pension contributions.

At the same time, the monthly income accepted for calculating mandatory pension contributions from one agent should not exceed 50 times the minimum wage established for the corresponding financial year by the law on the republican budget;

2) for the persons specified in subparagraph 1) of paragraph 4 of Article 248 of this Code, in the amount of ten percent of the income accepted for calculating mandatory pension contributions.

Income accepted for the calculation of mandatory pension contributions is understood as income received by a person, determined by him independently for the payment of social contributions, with the exception of income from which mandatory pension contributions are not paid, but no more than income determined for tax purposes in accordance with the Tax Code of the Republic of Kazakhstan.

At the same time, the monthly income accepted for calculating mandatory pension contributions should not exceed 50 times the minimum wage established for the corresponding financial year by the law on the republican budget.

If the income of these persons is less than 1-fold the minimum wage established for the corresponding financial year by the law on the republican budget, they have the right to pay mandatory pension contributions from 1-fold the minimum wage established for the corresponding financial year by the law on the republican budget;

3) for the persons specified in subparagraphs 2) and 3) of paragraph 4 of Article 248 of this Code, in the amount of 10 percent of the income accepted for calculating mandatory pension contributions.

2. For tax agents who have chosen to pay mandatory pension contributions as part of a single payment specified in Chapter 94 of the Tax Code of the Republic of Kazakhstan, the share of mandatory pension contributions in the single payment rate is:

from January 1, 2023 – 50.0 percent;

from January 1, 2024 – 46.5 percent;

from January 1, 2025 – 42.0 percent;

from January 1, 2026 – 40.3 percent;

from January 1, 2027 – 38.8 percent;

from January 1, 2028 – 38.0 percent.

Article 250. Rate and procedure for making mandatory professional pension contributions

Mandatory professional pension contributions payable to the unified accumulative pension fund for the persons specified in paragraph 5 of Article 248 of this Code are established in the amount of 5 percent of the employee’s monthly income accepted for calculating mandatory professional pension contributions.

2. Mandatory professional pension contributions are made by agents at their own expense in favor of workers engaged in work with hazardous working conditions, whose professions are provided for in the list of industries, works, professions of workers, approved by the authorized state body.

If harmful working conditions are excluded, confirmed by the results of certification of production facilities, the payment of mandatory professional pension contributions by agents is not carried out.

Article 251. Rate and procedure for making mandatory pension contributions by the employer

Mandatory pension contributions of the employer, subject to payment to the unified accumulative pension fund, are made at the expense of the agent’s own funds, persons having other paid work (elected, appointed or approved), and are established from the monthly income of the employee, accepted for calculating the mandatory pension contributions of the employer:

from January 1, 2024 – in the amount of 1.5 percent;

from January 1, 2025 – in the amount of 2.5 percent;

from January 1, 2026 – in the amount of 3.5 percent;

from January 1, 2027 – in the amount of 4.5 percent;

from January 1, 2028 – in the amount of 5 percent, unless otherwise provided by this Code.

2. The income accepted for calculating the employer’s mandatory pension contributions is established in accordance with Article 249 of this Code.

In this case, the monthly income accepted for calculating the employer’s mandatory pension contributions must be no less than the minimum wage and must not exceed 50 times the minimum wage established for the corresponding financial year by the law on the republican budget, with the exception of the income of persons specified in Articles 101-1 and 102-1 of this Code.

3. For tax agents who have chosen to pay the employer’s mandatory pension contributions as part of a single payment specified in Chapter 94 of the Tax Code of the Republic of Kazakhstan, the employer’s share of the mandatory pension contributions in the single payment rate from wages is:

from January 1, 2024 – 6.95 percent;

from January 1, 2025 – 10.5 percent;

from January 1, 2026 – 14.1 percent;

from January 1, 2027 – 17.4 percent;

from January 1, 2028 – 19.0 percent.

4. Mandatory pension contributions of the employer are paid to the unified accumulative pension fund by agents through the State Corporation, enclosing lists of individuals for whom the employer's mandatory pension contributions are transferred.

Article 252. Rate of voluntary pension contributions

Voluntary pension contributions to the unified accumulative pension fund and (or) voluntary accumulative pension funds are made by contributors of voluntary pension contributions - individuals in their favor at the expense of their income when they enter into an agreement on pension provision at the expense of voluntary pension contributions.

2. The contributor of voluntary pension contributions has the right to choose a unified pension savings fund and (or) voluntary pension savings funds for payment of voluntary pension contributions.

3. Investors of voluntary pension contributions in favor of the recipient can be individuals and legal entities.

4. The amount and frequency of payment of voluntary pension contributions are determined by the contributor of voluntary pension contributions independently.

Article 253. Enrollment of voluntary pension contributions formed from the unclaimed amount of guarantee compensation for a guaranteed deposit

The unclaimed amount of guarantee compensation for a guaranteed deposit is credited by the unified savings pension fund to an individual pension account to account for voluntary pension contributions based on the list of depositors (recipients) with unclaimed amounts of guarantee compensation for guaranteed deposits, presented by the organization providing mandatory deposit guarantee, in the manner and within the time frame established by the agreement concluded between the unified savings pension fund and the organization providing mandatory guaranteeing deposits, in accordance with the Law of the Republic of Kazakhstan “On mandatory guarantee of deposits placed in second-tier banks of the Republic of Kazakhstan”.

Article 254. Submission of information on transferred compulsory pension contributions, compulsory pension contributions of the employer, compulsory professional pension contributions

Agents, within the period established by the Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget” (Tax Code), submit a declaration on individual income tax and social tax, which reflects information on the calculated, withheld (accrued) amounts of mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions, unless otherwise established by the legislation of the Republic of Kazakhstan.

The form of the declaration and the procedure for its preparation are established by the authorized body in charge of ensuring the receipt of taxes and other obligatory payments to the budget.

2. The declaration for individual income tax and social tax does not reflect information regarding mandatory pension contributions, mandatory pension contributions of the employer, mandatory professional pension contributions in relation to persons exempt from paying mandatory pension contributions, mandatory pension contributions of the employer, mandatory professional pension contributions in accordance with Article 248 of this Code.

Violation of the legislation of the Republic of Kazakhstan on social protection entails liability in accordance with the laws of the Republic of Kazakhstan.

Timely and (or) in full, unpaid amounts of social contributions are collected by state revenue authorities or are subject to transfer by the payer with an accrued penalty in the amount of 1.25 times the base rate of the National Bank of the Republic of Kazakhstan for each day of delay (including the day of payment to the Fund).

Amounts of compulsory pension contributions, compulsory pension contributions of the employer, compulsory professional pension contributions not timely withheld (not accrued) and (or) not transferred by the agent, subject to the actual payment and receipt of income by the employee, are collected by state revenue authorities or are subject to transfer by the agent in favor of contributors of compulsory pension contributions, employees in whose favor compulsory pension contributions of the employer and (or) compulsory professional are paid pension contributions, with an accrued penalty in the amount of 1.25 times the base rate of the National Bank of the Republic of Kazakhstan for each day of delay (including the day of payment of contributions to the State Corporation).

2. The state revenue authority, no later than five working days from the date of debt formation for social contributions from the payer, mandatory pension contributions, mandatory pension contributions of the employer, mandatory professional pension contributions from the agent, sends to the payer or agent a notification of the amount of debt in the amount of more than 6 times the monthly calculation index established by the law on the republican budget and valid as of January 1 of the corresponding financial year.

The notification form is approved by the authorized body in charge of ensuring the receipt of taxes and other obligatory payments to the budget.

3. If debts on social contributions, mandatory pension contributions, mandatory pension contributions of the employer, mandatory professional pension contributions are not repaid, the state revenue authority shall suspend the expenditure transactions of the payer or agent:

for bank accounts - within the amount of debt on social contributions, mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions;

at the cash desk - for all expenditure transactions of cash at the cash desk, except for transactions for the payment and delivery of cash to a second-tier bank or an organization that carries out certain types of banking operations, for their subsequent transfer to pay social contributions, mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions, penalties accrued for their late payment after ten working days from the date of delivery of the notice.

By order of state revenue authorities, banks and organizations carrying out certain types of banking operations are obliged to suspend debit transactions on the bank accounts of payers or agents and carry out instructions regarding the transfer of social contributions, mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions and penalties, in the manner prescribed by the legislation of the Republic of Kazakhstan.

The order of the state revenue authority to suspend cash transactions is subject to unconditional execution by the payer or agent by transferring incoming cash to the Fund or State Corporation no later than one business day following the day of its receipt.

The form of the order to suspend expenditure transactions at the cash desk of the payer or agent is approved by the authorized body in charge of ensuring the receipt of taxes and other obligatory payments to the budget.

4. Orders of the state revenue body to suspend expenditure transactions on bank accounts and the cash register of the payer or agent are canceled by the state revenue body that issued such orders no later than one working day following the day of repayment of debt on social contributions, mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions.

5. In case of failure to repay debts on social contributions, mandatory pension contributions, compulsory pension contributions of the employer, compulsory professional pension contributions, lists of participants in the compulsory social insurance system in whose favor the debt on social contributions is collected, or individuals in whose favor the debt on compulsory pension contributions, compulsory pension contributions of the employer, compulsory professional pension contributions are collected, are submitted to the state revenue body that sent the notification, by the payer or agent within fifteen working days from the date of delivery of the notification.

6. Based on the lists submitted by the payer or agent in accordance with paragraph 5 of this article, the state revenue authority collects amounts of debt on social contributions, mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions in a forced manner from the bank accounts of payers or agents no later than five working days from the date of receipt of the lists.

Collection of debts on social contributions, mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions from the bank accounts of payers or agents is carried out on the basis of a collection order of the state revenue authority with the attachment of lists submitted by the payer or agent.

If there is no or insufficient money in the bank account(s) to satisfy all the requirements for the client, the bank withdraws the client’s money in the order of priority established by the Civil Code of the Republic of Kazakhstan.

If there is no money in the bank account of the payer or agent in national currency, collection of debts on social contributions, mandatory pension contributions, mandatory pension contributions of the employer, mandatory professional pension contributions is carried out from the bank accounts of the payer or agent in foreign currency on the basis of collection orders issued in national currency by state revenue authorities.

7. Banks and organizations carrying out certain types of banking operations are required to transfer the amounts of social contributions, mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions through the State Corporation on the day these amounts are written off from the bank accounts of payers or agents.

8. State revenue authorities annually publish in the media lists of payers, agents who have arrears on social contributions, mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions, not repaid within more than six months from the date of its occurrence, indicating the identification number of the payer or agent, last name, first name, patronymic (if indicated in the identity document) of the manager and the amount of arrears on social contributions, mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions.

Article 257. Dispute resolution

All disputes arising between individuals and legal entities, government bodies, the Fund, the unified accumulative pension fund, the State Corporation for the implementation of this Code are resolved in accordance with the legislation of the Republic of Kazakhstan.

Article 258. Basic provisions

State control in the field of social protection is a set of measures aimed at preventing, identifying, suppressing and eliminating violations and verifying compliance with the legislation of the Republic of Kazakhstan in the following areas:

social protection of persons with disabilities;

employment;

provision of special social services;

social security, including compulsory social insurance and pension provision.

2. Subjects of state control in the field of social protection are individuals and legal entities, regardless of their form of ownership.

3. Within the framework of the granted competence, state control in the field of social protection is carried out by:

authorized state body - on issues of social protection of persons with disabilities, provision of special social services, social security, including pensions and compulsory social insurance in terms of timely and correct assignment of social payments, timely and complete transfer of social payments to the recipient by the State Corporation;

state labor inspection bodies - on issues of social protection of persons with disabilities (regarding the obligations of employers) and employment of the population;

the authorized body for regulation, control and supervision of the financial market and financial organizations - on issues of pension provision in terms of the activities of the unified accumulative pension fund, voluntary accumulative pension funds;

state revenue authorities - to control the complete and timely implementation of the calculation, withholding and transfer of mandatory pension contributions, mandatory employer pension contributions, mandatory professional pension contributions, social contributions and (or) penalties by tax agents and individual entrepreneurs for themselves.

4. State control in the field of social protection is carried out in the form of preventive control with a visit to the subject (object) of control and inspection in accordance with the Entrepreneurial Code of the Republic of Kazakhstan and (or) in other forms provided for by the laws of the Republic of Kazakhstan.

State control in the field of social protection is carried out by state social protection inspectors, state labor inspectors, and officials of authorized bodies.

2. State social protection inspectors include:

Chief state inspector of social protection of the Republic of Kazakhstan - an official of the authorized state body;

2) chief state inspectors of social protection - officials of the authorized state body;

3) chief state inspector of social protection of a region, city of republican significance, capital - an official determined by the authorized state body;

4) state social protection inspectors – officials determined by the authorized state body.

3. State social protection inspectors implement the provided control functions in accordance with the Entrepreneurial Code of the Republic of Kazakhstan.

4. Persons who interfere with the state inspector of social protection in the performance of official duties are liable in accordance with the laws of the Republic of Kazakhstan.

5. The instructions of state social protection inspectors are mandatory for execution by the subjects of control.

When exercising state control, state social protection inspectors, in addition to the rights provided for in paragraph 1 of Article 154 of the Entrepreneurial Code of the Republic of Kazakhstan and other laws of the Republic of Kazakhstan, have the right:

provide explanations on issues within their competence;

2) request and receive from the subjects of inspection the explanations necessary to perform the functions assigned to them;

3) interact with other government bodies, as well as individuals and (or) legal entities on issues of ensuring compliance with the requirements of the legislation of the Republic of Kazakhstan on social protection.

2. The chief state inspector of social protection of a region, a city of republican significance, the capital, based on the results of an inspection in the field of social protection of persons with disabilities and the provision of special social services, has the right to issue an order to take measures to eliminate, prevent, avoid, prevent identified violations to the subject of control.

3. State inspectors of social protection, in addition to the duties specified in paragraph 3 of Article 154 of the Entrepreneurial Code of the Republic of Kazakhstan, are obliged to:

take timely measures based on the results of the inspection and, if facts of violations in the field of social protection are identified, issue response acts provided for by the Entrepreneurial Code of the Republic of Kazakhstan;

2) if it is revealed that a social worker does not meet the qualification requirements and requirements for social workers, which threatens the life and health of recipients of special social services, issue an order to temporarily remove the social worker from work;

3) if facts are revealed that threaten the life and health of recipients of special social services, issue an order to temporarily suspend officials and employees of the inspected entity from work.

Article 261. Appeal of decisions, actions (inaction) of officials exercising state control

Decisions, actions (inaction) of officials exercising state control may be appealed to a higher authority, court in the manner prescribed by the laws of the Republic of Kazakhstan.

Chapter 22. TRANSITIONAL AND FINAL PROVISIONS

Article 262. Transitional provisions

Legal relations that arose before the entry into force of this Code are regulated in accordance with this Code.

2. The amount of the monthly state benefit for mothers with many children who were awarded the “Altyn Alka” pendants or who previously received the title “Mother Heroine”, who were awarded the Order of “Maternal Glory” of the 1st and 2nd degrees, determined before the entry into force of this Code, is subject to recalculation in accordance with the amount provided for in Article 94 of this Code.

3. Individuals whose pension savings were transferred to the unified accumulative pension fund as part of the transfer of pension assets and liabilities of accumulative pension funds under pension agreements are considered to have joined the pension agreements at the expense of mandatory pension contributions, voluntary pension contributions from the date of opening individual pension accounts in the unified accumulative pension fund.

An accumulative pension fund is understood as a legal entity that carried out activities to attract pension contributions and pension payments, whose license was terminated in the manner established by the regulatory legal act of the National Bank of the Republic of Kazakhstan.

4. The Unified Accumulative Pension Fund is the legal successor for all obligations of the accumulative pension funds to individuals whose pension savings were transferred to the Unified Accumulative Pension Fund in accordance with paragraph 3 of this article.

5. The Unified Accumulative Pension Fund, without charging a fee, provides, at the request of an individual in whose name an individual pension account is opened in the Unified Accumulative Pension Fund, information on pension savings for the period that pension savings were in the accumulative pension fund, from which the pension savings were transferred to the Unified Accumulative Pension Fund in accordance with paragraph 3 of this article, taking into account the provisions provided for in Article 55 of this Code.

6. Suspend until January 1, 2024:

paragraph one of paragraph 2 of Article 27 of this Code, establishing that during the period of suspension this paragraph is valid in the following wording:

"2. The payer, with the exception of individuals who are payers of a single aggregate payment in accordance with Article 774 of the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget" (Tax Code), is obliged to:";

2) part one of paragraph 1 of Article 256 of this Code, establishing that during the period of suspension this part is valid in the following wording:

"1. Timely and (or) in full, unpaid amounts of social contributions are collected by state revenue authorities or are subject to transfer by the payer with an accrued penalty in the amount of 1.25 times the base rate of the National Bank of the Republic of Kazakhstan for each day of delay (including the day of payment to the Fund), with the exception of payments by individuals who are payers of a single aggregate payment in accordance with Article 774 of the Code of the Republic of Kazakhstan "On taxes and other mandatory payments to the budget" (Tax Code).";

3) the norms of this Code regulating the issues of calculation (accrual), transfer of compulsory pension contributions of the employer to the unified accumulative pension fund, collection of them, their storage and accounting, implementation of pension payments at the expense of compulsory pension contributions of the employer, as well as the secrecy of conditional pension accounts.

7. Suspend until January 1, 2025:

paragraph of the first subparagraph 18) of paragraph 1 of Article 1 of this Code, establishing that this paragraph is valid until January 1, 2024 in the following wording:

"18) payer of social contributions (hereinafter referred to as the payer) - an employer, an individual entrepreneur, including a peasant or farm enterprise, a person engaged in private practice, calculating and paying social contributions to the State Social Insurance Fund in the manner established by the legislation of the Republic of Kazakhstan, as well as an individual who is a payer of a single aggregate payment in accordance with Article 774 of the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget" (Tax Code);";

from January 1, 2024 to January 1, 2025, the following wording applies:

"18) payer of social contributions (hereinafter referred to as the payer) - an employer, individual entrepreneur, including a peasant or farm enterprise, a person engaged in private practice, calculating and paying social contributions to the State Social Insurance Fund in the manner established by the legislation of the Republic of Kazakhstan;";

2) subparagraph 4) of Article 243, paragraph 3 of Article 245, paragraph 3 of Article 246 of this Code.

Article 263. Procedure for bringing this Code into force

This Code comes into force on July 1, 2023.

2. The effect of paragraph 13 of Article 226 of this Code extends to legal relations arising from pension annuity agreements concluded before the entry into force of this Code.

3. Establish that:

subparagraphs 23), 24), 25), 26) of paragraph 1 of Article 17, parts four and five of paragraph 2 of Article 78, parts five and six of paragraph 1 of Article 85, part two of paragraph 1 of Article 113, paragraph 3 of Article 181, parts two and three of paragraph 1 of Article 240, subparagraph 5) of Article 243, paragraph 2 of Article 244, paragraph 4 of the article 245, paragraph 4 of Article 246, subparagraph 7) of paragraph 9 of Article 248, subparagraph 4) of paragraph 1 of Article 249 of this Code are valid until January 1, 2024;

2) subparagraphs 24) and 25) of paragraph 2 of Article 35, paragraphs three and four of paragraph 4, paragraph 5 of Article 226, subparagraphs 3) and 4) of paragraph 4 of Article 227 of this Code shall come into force on January 1, 2024;

3) subparagraph 5) of Article 138, paragraph 2 of Article 142, Article 156 of this Code shall come into force on January 1, 2025;

4) subparagraph 53) of paragraph 1 of Article 1 of this Code shall come into force on January 1, 2028.

4. Establish that from January 1, 2024:

paragraph one of paragraph 5 of Article 40 is valid in the following wording:

"5. Agents are obliged to:";

2) paragraph 1 of Article 122 is valid in the following wording:

"1. Conditional cash assistance is provided to single and (or) low-income able-bodied individuals living alone, as well as low-income families that include an able-bodied member(s), including individuals who are individual entrepreneurs whose activities are suspended in accordance with subparagraph 1) of paragraph 1 of Article 213 of the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget" (Tax Code), subject to his (their) participation in measures to promote employment and (or) if necessary, social adaptation, with the exception of persons (families) specified in paragraph 4 of this article.";

3) paragraph 1 of Article 228 is valid in the following wording:

"1. Within five working days from the date of receipt of information about the concluded pension annuity agreement with the insurance organization, the unified savings pension fund, voluntary savings pension fund are obliged to transfer the pension savings of the contributor (recipient) to the insurance organization."

5. Establish that from January 1, 2025:

paragraph 3 of Article 120 is valid in the following wording:

"3. The size of the poverty line in the Republic of Kazakhstan is determined by the authorized state body on the basis of the median income of the population, calculated by the state body in the field of statistics, on average per capita in percentage terms, depending on the economic capabilities of the state.";

2) subparagraph 1) of paragraph 1 of Article 135 is valid in the following wording:

"1) participate in competitions for the provision of services to assess and determine the need for special social services provided at the expense of budgetary funds, in accordance with the legislation of the Republic of Kazakhstan on public procurement and on state social order, state order for the implementation of strategic partnerships, grants and awards for non-governmental organizations in the Republic of Kazakhstan;";

3) Article 136 is valid in the following wording:

"Article 136. Register of organizations providing special social services and register of specialists providing special social services

Register of organizations providing special social services - an electronic list of organizations registered as providers on the social services portal.

Register of specialists providing special social services - an electronic list of specialists registered on the social services portal and providing special social services.

4) paragraph 1 of Article 139 is valid in the following wording:

“1. A person (family) in need of special social services, based on the data of the Digital Family Card at the place of residence, is sent a notification of consent to receive special social services.

6. Establish that from January 1, 2028:

subparagraphs 75) and 79) of paragraph 1 of Article 1 are valid in the following wording:

"75) threshold of minimum sufficiency of pension savings - the minimum amount of pension savings formed through mandatory pension contributions, necessary to ensure a monthly pension not lower than the minimum age pension established by the law on the republican budget and effective as of January 1 of the corresponding financial year, determined in accordance with the methodology approved by the Government of the Republic of Kazakhstan;";

"79) minimum pension - the minimum amount of the state basic pension payment, established for the corresponding financial year by the law on the republican budget, for the persons specified in Article 205 of this Code;";

2) paragraph 3 of Article 202 is valid in the following wording:

"3. For persons living in centers for the provision of special social services in a hospital setting for the elderly and persons with disabilities and who are fully supported by the state, old-age pension payments are made:

in the amount provided for in paragraph 6 of Article 210 of this Code, if the amount of the old-age pension payment calculated in accordance with this norm is lower than the minimum age pension established for the corresponding financial year by the law on the republican budget;

2) in the amount of 30 percent of the amount of old-age pension payments calculated in accordance with Article 210 of this Code, but not less than the minimum amount of old-age pension established for the corresponding financial year by the law on the republican budget.

Transfer of 70 percent of the assigned amount of old-age pension payments is made to a separate bank account or to the cash control account of centers for the provision of special social services.

The procedure for using these funds by centers for the provision of special social services is determined by the authorized state body.";

3) paragraph 5 of Article 210 is valid in the following wording:

"5. The amount of old-age pension payments for each full year worked before January 1, 1998, in excess of the required length of service, increases by 1 percent, but not more than 75 percent of the income taken into account for calculating old-age pension payments.

If the calculated amount of old-age pension payments in full is lower than the minimum age pension established for the corresponding financial year by the law on the republican budget, old-age pension payments are assigned in the minimum amount of age pension.";

4) paragraph 6 of Article 216 is valid in the following wording:

"6. For persons living in centers for the provision of special social services in a hospital setting and who are fully supported by the state, long-service pension payments are made in the amount of 30 percent of the amount of long-service pension payments assigned in accordance with Article 213 of this Code, but not less than the minimum age pension established for the corresponding financial year by the law on the republican budget.

The procedure for using these funds by centers for the provision of special social services is determined by the authorized state body.

5) paragraph 2 of Article 220 is valid in the following wording:

"2. A lump sum of pension savings from the unified accumulative pension fund is paid if the amount of pension savings of the persons specified in subparagraphs 1) and 2) of paragraph 1 of this article does not exceed twelve times the minimum age pension established by the law on the republican budget and in force on January 1 of the corresponding financial year."

7. The following shall be declared invalid from the date of entry into force of this Code:

Law of the Republic of Kazakhstan dated June 16, 1997 “On state social benefits for disability and loss of breadwinner in the Republic of Kazakhstan”;

2) Law of the Republic of Kazakhstan dated April 5, 1999 “On special state benefits in the Republic of Kazakhstan”;

3) Law of the Republic of Kazakhstan dated July 17, 2001 “On state targeted social assistance”;

4) Law of the Republic of Kazakhstan dated April 13, 2005 “On social protection of persons with disabilities in the Republic of Kazakhstan”;

5) Law of the Republic of Kazakhstan dated June 28, 2005 “On state benefits for families with children”;

6) Law of the Republic of Kazakhstan dated December 29, 2008 “On special social services”;

7) Law of the Republic of Kazakhstan dated June 21, 2013 “On pension provision in the Republic of Kazakhstan”;

8) Law of the Republic of Kazakhstan dated August 2, 2015 “On introducing amendments and additions to certain legislative acts of the Republic of Kazakhstan on pension issues”;

9) Law of the Republic of Kazakhstan dated April 6, 2016 “On Employment”;

10) Law of the Republic of Kazakhstan dated December 26, 2019 “On compulsory social insurance”.

President of the Republic of Kazakhstan K. TOKAEV

Social Code of the RK (basis of the pension annuity)

Social Code of the RK (basis of the pension annuity)

Metadata

Scope and relevance

Official source

GENERAL PART

SECTION 1. GENERAL PROVISIONS

Chapter 1. BASIC PROVISIONS

Article 1. Basic concepts used in this Code

Article 2. Legislation of the Republic of Kazakhstan on social protection

Article 3. Principles of state policy in the field of social protection

Article 4. Equality and inadmissibility of restrictions on human and civil rights in the field of social protection

Article 5. Preventiveness

Article 6. Targeting, accessibility and differentiated approach

Article 7. Solidarity and collective responsibility of the state, employers and citizens in the social security system

Article 8. Transparency and fairness of the use of economic resources, as well as proportionality to the objectives of state policy in the field of social protection

Chapter 2. RIGHTS OF PERSONS IN THE FIELD OF SOCIAL PROTECTION

Article 9. Minimum social standards and rights of persons in the social sphere

Article 10. Right to social protection

Article 10-1. Competence of the Ombudsman

Chapter 3. COMPETENCE OF STATE BODIES AND OTHER ORGANIZATIONS

Article 11. Competence of the Government of the Republic of Kazakhstan

Article 12. Competence of the authorized state body

Article 13. Competence of the authorized body in the field of healthcare

Article 14. Competence of the authorized body in the field of education

Article 15. Competence of the authorized body for regulation, control and supervision of the financial market and financial organizations

Article 16. Competence of the Center for Human Resources Development

Article 17. Competence of the State Corporation

Article 18. Competence of local executive bodies of regions, cities of republican significance and the capital

Article 19. Competence of local executive bodies of districts (cities of regional significance)

Article 20. Competence of the labor mobility center

Article 21. Regional commission on employment issues

Article 22. District (city) commission on employment issues

Article 23. Electronic labor exchange

Article 24. Digital family card

SECTION 2. LEGAL STATUS OF SUBJECTS IN THE FIELD OF SOCIAL PROTECTION OF THE POPULATION

Chapter 4. STATE SOCIAL INSURANCE FUND

Article 25. Activities of the Fund

Article 26. Rights and obligations of the Fund

Article 27. Rights and obligations of the payer

Article 28. Formation of the Fund’s assets

Article 29. Ensuring the safety of the Fund’s assets

Article 30. Procedure for managing the Fund’s assets

Article 31. Accounting and reporting of the Fund

Article 32. Audit of the Fund

Article 33. Requirements for management employees of the Fund

Chapter 5. UNIFIED ACCUMULATION PENSION FUND

Article 34. Organization of activities of the unified pension savings fund

Article 35. Rights and obligations of the unified pension savings fund

Article 36. The procedure for managing the pension assets of the unified accumulative pension fund by the National Bank of the Republic of Kazakhstan. Investment Declaration of the Unified Accumulative Pension Fund

Article 37. Procedure for managing pension assets held in trust by an investment portfolio manager, as well as storing and accounting for pension assets held in trust by an investment portfolio manager

Article 38. Agreements on pension provision at the expense of compulsory pension contributions, compulsory professional pension contributions of the contributor (recipient) with the unified accumulative pension fund and conditional pension accounts

Article 39. Storage and accounting of pension assets of the unified accumulative pension fund, which are in trust management of the National Bank of the Republic of Kazakhstan

Article 41. Agreement on pension provision at the expense of voluntary pension contributions of the contributor of voluntary pension contributions (recipient of pension payments) with the unified pension savings fund

Chapter 6. VOLUNTARY ACCUMULATIVE PENSION FUNDS

Article 42. Organization of activities of a voluntary savings pension fund

Article 43. Rights and obligations of voluntary savings pension funds

Article 44. Pension rules and investment declaration of a voluntary savings pension fund

Article 45. Agreement on pension provision through voluntary pension contributions of the contributor (recipient) with a voluntary savings pension fund

Article 46. Storage and accounting of pension assets of a voluntary savings pension fund in a custodian bank

Article 47. Reorganization of the voluntary savings pension fund

Article 48. Refusal to issue permission for the reorganization of a voluntary savings pension fund

Article 49. Liquidation of a voluntary savings pension fund

Article 50. Refusal to issue permission for the voluntary liquidation of a voluntary savings pension fund

Article 51. Features of termination of a license to manage an investment portfolio with the right to attract voluntary pension contributions

Chapter 7. PROCEDURE FOR IMPLEMENTING THE ACTIVITIES OF THE UNIFIED ACCUMULATIVE PENSION FUND AND VOLUNTARY ACCUMULATIVE PENSION FUNDS

Article 52. Pension assets of the unified accumulative pension fund and voluntary accumulative pension funds

Article 53. Pension assets formed from mandatory pension contributions by the employer

Article 54. General financial agreement, settlements under which are carried out at the expense of own funds and (or) pension assets of the unified accumulative pension fund, voluntary accumulative pension funds

Article 55. Secret of pension savings

Article 56. Secrecy of conditional pension accounts

Article 57. Accounting and reporting of the unified accumulative pension fund and voluntary accumulative pension funds

Article 58. Commission fees of the National Bank of the Republic of Kazakhstan, the unified accumulative pension fund, investment portfolio manager and voluntary accumulative pension funds

Article 59. System of risk management and internal control of the unified accumulative pension fund, voluntary accumulative pension funds

Article 60. Audit of the unified accumulative pension fund or voluntary accumulative pension funds

Article 61. Prohibition on advertising that does not correspond to reality

Article 62. Limited measures of influence and sanctions applied by the authorized body for regulation, control and supervision of the financial market and financial organizations

Article 63. Managerial employees of the unified accumulative pension fund, voluntary accumulative pension fund

Chapter 8. SOCIAL WORKERS

Article 64. Status and characteristics of the work of social workers