Rules for concluding a pension annuity contract
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 | № 44 |
| Act type | Regulator's resolution |
| Authority | ARDFM (financial-market regulator) |
| Adoption date | 07.06.2023 |
| Last amended | — |
| Status | In force |
| Әділет identifier | V2300032835 |
Scope and relevance
The ARDFM resolution sets the procedure for concluding a pension annuity contract with an insurance organisation and transferring pension savings (the redemption amount) from the UAPF, as well as data exchange on such contracts. Effective from 01.07.2023.
Official source
Official source: Adilet / https://adilet.zan.kz/rus/docs/V2300032835 The relevance of the editorial office has been verified: 2026-06-20.
Note FROM! For the procedure for implementation, see clause 5.
In accordance with subparagraph 6) of Article 15 and subparagraph 3) of paragraph 4 of Article 227 of the Social Code of the Republic of Kazakhstan, the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market DECIDES:
- Approve the attached 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, as well as the procedure and terms for exchanging data on pension annuity agreements with the organization for the formation and maintenance of an insurance database (hereinafter referred to as the Rules).
2. Recognize as invalid the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated October 20, 2022 No. 73 “On approval of the Rules for concluding a pension annuity agreement with an insurance organization and transferring pension savings (redemption amount) to an insurance organization, a unified savings pension fund under a pension annuity agreement” (registered in the Register of State Registration of Normative Legal Acts under No. 30325).
3. The Department of the Insurance Market and Actuarial Calculations, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, shall ensure:
- jointly with the Legal Department, state registration of this resolution with the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this resolution on the official Internet resource of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market after its official publication;
3) within ten working days after the state registration of this resolution, submission to the Legal Department of information on the implementation of the event provided for in subparagraph 2) of this paragraph.
4. Control over the implementation of this resolution shall be assigned to the supervising Deputy Chairman of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market.
5. This resolution comes into force on July 1, 2023 and is subject to official publication, with the exception of subparagraphs 2) and 3) of paragraph 1, Chapter 6 of the Rules, which come into force on January 1, 2024.
Chairman of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market M. Abylkasymova
Appendix to the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated June 7, 2023 No. 44
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, as well as the procedure and timing for exchanging data under pension annuity agreements with the organization for the formation and maintenance of an insurance database
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, as well as the procedure and timing for exchanging data on pension annuity agreements with the organization for the formation and maintenance of an insurance database (hereinafter referred to as the Rules) are developed in accordance with subparagraph 6) of Article 15 and subparagraph 3) of paragraph 4 of Article 227 Social Code of the Republic of Kazakhstan (hereinafter referred to as the Code).
Chapter 1. General provisions
- The Rules use the concepts provided for in the Code, as well as the following concepts and abbreviations:
- information system - an organizationally ordered set of information and communication technologies, service personnel and technical documentation that implement certain technological actions through information interaction and are intended to solve specific functional problems;
2) information system "Centralized Data Bank of Persons with Disabilities" (hereinafter referred to as IS "CDDI") - a hardware and software complex designed to automate business processes for establishing disability, loss of ability to work, developing an individual habilitation and rehabilitation program, as well as for storing and processing data on persons who have been examined in the departments of medical and social examination;
3) organization for the formation and maintenance of a unified database on insurance (hereinafter referred to as the organization for the formation of the UIDS) - an organization engaged in the formation and maintenance of a unified database on insurance in accordance with the Law of the Republic of Kazakhstan “On Insurance Activities” (hereinafter referred to as the Law on Insurance Activities);
4) a unified insurance database - a set of information (including in electronic form) about the insurance organization, the policyholder, the insured and the beneficiary;
5) policyholder - an individual who has entered into a pension annuity agreement in accordance with Article 226 of the Code;
6) insured - an individual determined by the pension annuity agreement and who is the recipient of insurance payments in accordance with the pension annuity agreement;
7) insurance premium - pension savings and (or) redemption amount received upon termination of a pension annuity agreement with another insurance organization or a branch of a non-resident insurance organization of the Republic of Kazakhstan, aimed at purchasing a pension annuity in an insurance organization of the Republic of Kazakhstan or a branch of a non-resident insurance organization of the Republic of Kazakhstan at the choice of the policyholder;
a unified accumulative pension fund from which the pension savings of the contributor(s) of mandatory pension contributions, the individual(s) for whom compulsory professional pension contributions are transferred and (or) the recipient(s) of pension payments are transferred to the insurance organization in connection with the conclusion of a pension annuity agreement or an additional agreement to the pension annuity agreement with the insurance organization;
a unified accumulative pension fund or a voluntary accumulative pension fund, from which the pension savings of the contributor(s) and (or) recipient(s) are transferred at the expense of voluntary pension contributions in connection with the conclusion of a pension annuity agreement or an additional agreement to the pension annuity agreement with an insurance organization;
9) Recipient Fund - a unified pension savings fund into which the amount of money to be returned in connection with the application of the policyholder (policyholders) is transferred in accordance with paragraph 13 of Article 226 of the Code;
10) the applicant is a contributor of compulsory pension contributions and (or) an individual for whom compulsory professional pension contributions are transferred;
11) application for concluding a pension annuity agreement in the form approved by the internal document of the insurance organization (hereinafter referred to as the application) - a document containing the data necessary for calculating the insurance premium and identifying the applicant (applicants) and (or) recipient (recipients) of pension payments and (or) the policyholder (policyholders) (or) the insured (the insured);
12) recipient – recipient of pension payments from the unified pension savings fund;
13) sending insurance organization - an insurance organization from which the redemption amount is transferred to another insurance organization in connection with the termination of the pension annuity contract and (or) the amount of money to be returned to the recipient Fund in connection with changes made to it in terms of increasing or decreasing the amount of insurance payments;
14) authorized body in the field of social protection of the population - a state body of the Republic of Kazakhstan that provides leadership in the social and labor sphere;
2. A pension annuity agreement or an additional agreement to a pension annuity agreement is concluded in writing on the basis of documents submitted in accordance with paragraph 4 of the Rules.
3. A pension annuity agreement or an additional agreement to a pension annuity agreement is concluded by a written application from the applicant (applicants) and (or) recipient (recipients) and (or) the policyholder (policyholders) to the insurance organization.
The pension annuity agreement comes into force and becomes binding on the parties from the moment the sending Fund and (or) the sending insurance organization transfer the amount of the insurance premium to the insurance organization in full.
Chapter 2. Procedure for concluding a pension annuity agreement with an insurance organization
4. The applicant (applicants) and (or) recipient (recipients) and (or) policyholder (policyholders), in order to conclude a pension annuity agreement, applies (appeal) to the insurance organization with the provision of the following documents:
- application;
2) the original document identifying the applicant (applicants) and (or) recipient (recipients) and (or) policyholder (policyholders) (for identification);
3) information about the bank details of the applicant (applicants) and (or) recipient (recipients) and (or) policyholder (policyholders);
4) a copy of the identity document of the person whom the applicant (applicants) and (or) recipient (recipients) and (or) the policyholder (policyholders) intend (intend) to indicate in the pension annuity agreement as a beneficiary in the event of the death of the applicant and (or) recipient and (or) the policyholder and (or) the insured person;
5) a copy of the identity document of the insured (insured).
5. If it is impossible for the applicant and (or) recipient and (or) policyholder to personally submit an application, the applicant and (or) recipient and (or) policyholder issues to an individual or legal entity (hereinafter referred to as the attorney) a notarized power of attorney to submit an application, indicating in the power of attorney the name of the insurance organization and the authority to sign on behalf of the applicant and (or) recipient and (or) policyholder the application and the pension annuity agreement.
6. For the purpose of filing an application on behalf of the applicant and (or) recipient and (or) policyholder, in addition to the documents specified in subparagraphs 1), 3), 4) and 5) of paragraph 4 of the Rules, additionally provides to the insurance organization:
- notarized power of attorney;
2) a copy of the identity document of the applicant and (or) recipient and (or) policyholder;
3) the original document proving the identity of the attorney (for identification).
7. The insurance organization provides the applicant (applicants) and (or) recipient (recipients) and (or) policyholder (policyholders) or attorney with a reasoned written response indicating the reasons for the impossibility of concluding a pension annuity agreement in the following cases:
- submission of an incomplete package of documents provided for in paragraph 4 of the Rules;
2) non-compliance of the applicant (applicants) and (or) recipient (recipients) and (or) policyholder (policyholders) with the categories of persons specified in subparagraphs 1), 2) and 4) of paragraph 1 of Article 220, subparagraphs 1), 2) and 4) of paragraph 1 of Article 221 of the Code;
3) insufficiency of pension savings to ensure payment not lower than the amount established in accordance with paragraph 2 of Article 225 of the Code, and valid on the date of conclusion of the pension annuity agreement;
4) invalidity of the identity document of the applicant (applicants) and (or) recipient (recipients) and (or) policyholder (policyholders) or attorney;
5) expiration of the attorney’s power of attorney or non-compliance of the attorney’s power of attorney with the requirements of the civil legislation of the Republic of Kazakhstan (when applying through an attorney).
8. When concluding a pension annuity agreement using the Internet resource of an insurance organization, the insurance organization is obliged to ensure:
- identification of the applicant (applicants) and (or) recipient (recipients) and (or) policyholder (policyholders) in any way provided for by the Resolution of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated October 12, 2020 No. 97 “On approval of the Requirements for the Internal Control Rules in order to combat the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction destruction for insurance (reinsurance) organizations, insurance brokers, mutual insurance companies, branches of non-resident insurance (reinsurance) organizations of the Republic of Kazakhstan and branches of non-resident insurance brokers of the Republic of Kazakhstan", registered in the Register of State Registration of Normative Legal Acts under No. 21425, and Resolution of the Board of the National Bank of the Republic of Kazakhstan dated June 29, 2018 No. 140 "On approval of Requirements for due diligence of clients in the event of remote establishment of business relations by financial monitoring entities", registered in the Register of State Registration of Normative Legal Acts under No. 17250;
2) immediate sending to the applicant (applicants) and (or) recipient (recipients) and (or) policyholder (policyholders) a notification about the conclusion of a pension annuity agreement or refusal to conclude it (indicating the reasons for the refusal in accordance with paragraph 7 of the Rules) in the form of an electronic message;
3) the possibility of verification by the applicant (applicants) and (or) recipient (recipients) and (or) policyholder (policyholders) of information on the pension annuity agreement through the information system of the insurance organization;
4) storage of the pension annuity agreement in electronic form with attached scanned copies of documents, providing round-the-clock access for the applicant (applicants) and (or) recipient (recipients) and (or) policyholder (policyholders) on the Internet resource of the insurance organization;
5) the opportunity for the applicant (applicants) and (or) recipient (recipients) and (or) policyholder (policyholders) to create and send to the insurance organization information in electronic form necessary for:
changes in information, including the conclusion of an additional agreement to the current pension annuity agreement;
early termination of a pension annuity agreement, in cases provided for by the Code;
9. An employee of an insurance organization, in the absence of comments on the documents submitted by the applicant (applicants) and (or) recipient (recipients) and (or) policyholder (policyholders) or attorney:
- familiarizes the applicant (applicants) and (or) recipient (recipients) and (or) policyholder (policyholders) or attorney with calculations of the amount of insurance payments from the insurance organization;
2) draws up a pension annuity agreement or an additional agreement to the pension annuity agreement;
3) obtains the consent of the applicant (applicants) and (or) recipient (recipients) and (or) policyholder (policyholders) for the collection and processing of his personal data, including requests sent to the information systems of state bodies of the Republic of Kazakhstan, necessary for concluding a pension annuity agreement, transferring an insurance premium to an insurance organization (hereinafter referred to as consent to the collection and processing of personal data).
10. When making changes to the current pension annuity agreement, the applicant (applicants) and (or) recipient (recipients) and (or) policyholder (policyholders) or attorney provide the documents specified in paragraph 4 of the Rules, and the insurance organization carries out the actions specified in paragraphs 7, 8 and 9 of the Rules.
Chapter 3. Procedure for transferring pension savings to an insurance organization under a pension annuity agreement
11. The applicant and (or) recipient, in order to transfer pension savings to an insurance organization, submits the following documents to the sending Fund:
- an application for the transfer of pension savings in the form approved by the internal document of the sending Fund;
2) a copy of the identity document of the applicant and (or) recipient, and its original (for identification);
3) the original of the pension annuity agreement concluded by the applicant and (or) recipient with the insurance organization.
12. If it is impossible for the applicant and (or) recipient to personally apply for the transfer of pension savings, the applicant and (or) recipient issues to an individual or legal entity (hereinafter referred to as the attorney) a notarized power of attorney to apply for the transfer of pension savings, indicating in the power of attorney the name of the insurance organization and the authority to sign on behalf of the applicant and (or) recipient of the application for transfer of pension savings.
13. In order to transfer pension savings to an insurance organization, the attorney, in addition to the documents specified in subparagraphs 1) and 3) of paragraph 11 of the Rules, additionally provides to the sending Fund:
- the original of the notarized power of attorney or its notarized copy, if the power of attorney contains the authority to represent the interests of the principal in several organizations simultaneously;
2) a notarized copy of the identity document of the applicant and (or) recipient;
3) a copy of the attorney’s identity document and its original (for identification).
14. The sending fund verifies the correctness of the information to be filled out in the application for the transfer of pension savings, and issues to the applicant and (or) recipient or attorney a receipt for the receipt of documents in the form approved by the internal document of the sending fund. If the applicant and (or) recipient is the person specified in subparagraph 2) of paragraph 1 of Article 220, subparagraph 2) of paragraph 1 of Article 221 of the Code, the sending Fund, within the framework of the agreement on the interaction of information systems of the Ministry of Labor and Social Protection of the Republic of Kazakhstan and the sending Fund, in accordance with the Rules for the exchange of information between the information systems of the central executive body and the unified accumulative pension fund on movements in individual pension accounts, as well as on recipients and amounts of pension payments approved by the order of the Acting Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated August 3, 2017 No. 232, registered in the Register of State Registration of Normative Legal Acts under No. 15629, within 3 (three) working days from the date of receipt of the application for the transfer of pension savings and the presence in it of the consent of the applicant and (or) recipient for the collection and processing of personal data in accordance with the Law of the Republic of Kazakhstan "On Personal Data and their protection”, requests information about the presence of an authorized body in the field of social protection of the population from the IS “CBDI” of the applicant and (or) recipient of established disability of the first or second group indefinitely.
If the applicant and (or) recipient is the person specified in subparagraph 4) of paragraph 1 of Article 221 of the Code, the sending Fund verifies in its information system the fact of payment of mandatory professional pension contributions for a total of at least 60 (sixty) calendar months.
15. When accepting documents, the sending fund provides the applicant and (or) recipient or attorney with a reasoned written response indicating the reasons for the impossibility of accepting and executing the application for the transfer of pension savings in the following cases:
- submission of an incomplete package of documents provided for in paragraphs 11 or 13 of these Rules;
2) discrepancy between the last name, first name, patronymic (if any), date of birth, individual identification number (hereinafter referred to as IIN) specified in the identity document of the applicant and (or) recipient, last name, first name, patronymic (if any), date of birth, IIN specified in the pension annuity agreement and (or) in the database of the sending Fund;
3) the absence of pension savings in the individual pension account of the applicant and (or) recipient or the absence of an individual pension account opened in the name of the applicant and (or) recipient;
4) the invalidity of the identity document of the applicant and (or) recipient or attorney as of the date of filing the application for the transfer of pension savings;
5) expiration of the power of attorney on the date of application for transfer of pension savings or non-compliance of the power of attorney with the requirements of the civil legislation of the Republic of Kazakhstan, lack of authority to sign on behalf of the applicant and (or) recipient of the application for transfer of pension savings (in case of application through an attorney);
6) the amount of pension savings in the individual pension accounts of the applicant and (or) recipient for accounting for mandatory pension contributions and (or) mandatory professional pension contributions and (or) voluntary pension contributions (if any) on the date of filing an application for the transfer of pension savings is less than the amount of pension savings specified in the pension annuity agreement;
7) lack of information about the establishment of disability of the first or second group in the applicant and (or) recipient indefinitely, if the applicant and (or) recipient is the person specified in subparagraph 2) paragraph 1 of Article 220, subparagraph 2) of paragraph 1 of Article 221 of the Code;
8) payment of mandatory professional pension contributions on the date of filing an application for the transfer of pension savings for an aggregate period of less than 60 (sixty) calendar months, if the applicant and (or) recipient is the person specified in subparagraph 4) of paragraph 1 of Article 221 of the Code.
16. The sending fund sends a reasoned response in writing to the applicant and (or) recipient or attorney indicating the reasons for the impossibility of fulfilling the application for the transfer of pension savings within 10 (ten) working days from the date of receipt of his application for the transfer of pension savings in the following cases:
- discrepancy between the information specified in the application for the transfer of pension savings and the information specified in the documents submitted in accordance with paragraphs 11 or 13 of the Rules;
2) non-compliance of the applicant and (or) recipient with the categories of persons specified in paragraph 1 of Article 207, subparagraphs 2) and 4) of paragraph 1 of Article 220, subparagraphs 2) and 4) of paragraph 1 of Article 221 of the Code;
3) if the amount of pension savings in the individual pension accounts of the applicant and (or) recipient for mandatory pension contributions and (or) mandatory professional pension contributions and (or) voluntary pension contributions (if any) on the date of transfer of pension savings is less than the amount of pension savings specified in the pension annuity agreement;
4) non-compliance of documents submitted in accordance with paragraphs 11 or 13 of the Rules with the requirements of the Code.
17. The sending fund, within a period not exceeding 10 (ten) working days from the date of receipt of documents that meet the requirements of paragraphs 11 or 13 of these Rules:
- generates a payment message in MT 102 format with an attachment of a list of individuals whose pension savings are transferred to the insurance organization. The list of individuals contains information about the last name, first name, patronymic (if any), date of birth, IIN of the applicant and (or) recipient, as well as the amount of the transfer;
2) transmits a payment message in MT 102 format to its custodian bank for the transfer of pension savings.
18. If, on the date of transfer, the amount of pension savings formed from mandatory pension contributions and (or) mandatory professional pension contributions is insufficient, the sending Fund, subject to the consent of the applicant and (or) recipient, to use pension savings formed from voluntary pension contributions, specified in the application for the transfer of pension savings of the applicant and (or) recipient, provided for in paragraphs 11 and 13 of the Rules, in addition to pension savings formed from mandatory pension contributions and (or) mandatory professional pension contributions, transfers pension savings formed from voluntary pension contributions.
19. The insurance organization, in writing or in another way determined by agreement of the parties to the pension annuity agreement, notifies the applicant and (or) recipient of the receipt of pension savings within 5 (five) working days from the date they are credited to the account of the insurance organization.
The notification from the insurance organization indicates the amount of received pension savings.
20. The custodian bank of the Sender Fund, upon receipt of a payment message in the MT 102 format of the Sender Fund for the transfer of pension savings of the applicant and (or) recipient to an insurance organization on the day of its initiation by the Sender Fund, transfers the pension savings of the applicant and (or) recipient, formed from mandatory pension contributions, mandatory professional pension contributions, voluntary pension contributions, indicating payment purpose codes, determined in accordance with the Rules for the application of economic sector codes and purpose of payments, approved by Resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 31, 2016 No. 203, registered in the Register of State Registration of Normative Legal Acts under No. 14365 (hereinafter referred to as Rules No. 203), to the insurance organization.
21. When returning pension savings from mandatory pension contributions, mandatory professional pension contributions, voluntary pension contributions, in respect of which a transfer was made to an insurance organization, the sending Fund, within 5 (five) working days from the date of return of pension savings from the insurance organization, notifies the applicant and (or) recipient or attorney about the return of pension savings from the insurance organization in writing or in another way organizations.
22. When returning pension savings from an insurance organization, the sending fund accepts the insurance premium.
The formation of a payment order for the return of pension savings by an insurance organization is carried out in accordance with the requirements of the Rules for making non-cash payments and (or) money transfers on the territory of the Republic of Kazakhstan, approved by Resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 31, 2016 No. 208, registered in the Register of State Registration of Normative Legal Acts under No. 14419, Rules No. 203.
The insurance organization generates a payment order for the return of pension savings in the MT 102 format, attaching a list of individuals containing information about the surname, name, patronymic (if any), date of birth, IIN, return amount, as well as the number and date of the payment order according to which the pension savings are returned to the sending Fund.
Chapter 4. Procedure for transferring the redemption amount to an insurance organization under a pension annuity agreement
23. In order to transfer the redemption amount to another insurance organization, the policyholder submits the following documents to the sending insurance organization:
- an application for the transfer of the redemption amount in the form approved by the internal document of the sending insurance organization;
2) a copy of the policyholder’s identity document and its original (for identification);
3) the original of the pension annuity agreement concluded by the policyholder with the insurance organization.
24. If it is impossible for the policyholder to personally apply for the transfer of the redemption amount, the policyholder issues to an individual or legal entity (hereinafter referred to as the attorney) a notarized power of attorney to apply for the transfer of the redemption amount, indicating in the power of attorney the name of the insurance organization and the authority to sign on behalf of the policyholder (policyholders) an application for the transfer of the redemption amount.
25. In order to transfer the redemption amount to the insurance organization, in addition to the documents specified in subparagraphs 1) and 3) of paragraph 23 of the Rules, the attorney additionally provides to the sending insurance organization:
- the original of the notarized power of attorney or its notarized copy, if the power of attorney contains the authority to represent the interests of the principal in several organizations simultaneously;
2) a notarized copy of the policyholder’s identity document;
3) a copy of the attorney’s identity document and its original (for identification).
26. The sending insurance organization verifies the correctness of the information to be filled out in the application for the transfer of the redemption amount, and issues a receipt to the policyholder or attorney for the acceptance of documents indicating the full list of documents submitted and the date of their acceptance.
27. When accepting documents, the sending insurance organization provides the policyholder or attorney with a reasoned written response indicating the reasons for the impossibility of accepting and executing the application for transfer of the redemption amount in the following cases:
- submission of an incomplete package of documents provided for in paragraphs 23 or 25 of the Rules;
2) the invalidity of the identity document of the policyholder (policyholders) or attorney as of the date of filing the application for transfer of the redemption amount;
3) expiration of the power of attorney on the date of application for transfer of the redemption amount or non-compliance of the power of attorney with the requirements of the civil legislation of the Republic of Kazakhstan for its execution, lack of authority (when applying through an attorney);
4) the redemption amount as of the date of filing the application for transfer of the redemption amount is less than the amount of the insurance premium specified in the pension annuity agreement;
5) an application for transfer of the redemption amount under a pension annuity agreement was received within a period of less than 2 (two) years from the date of conclusion of such an agreement.
28. The insurance organization, in writing or in another way determined by agreement of the parties to the pension annuity agreement, notifies the policyholder of the receipt of the redemption amount within 5 (five) business days from the date of their crediting to the account of the insurance organization.
Chapter 5. Procedure for transferring the amount of money to be returned to the sending Fund under the pension annuity agreement
29. In order to transfer the amount of money to be returned to the recipient Fund, in accordance with paragraph 13 of Article 226 of the Code, the policyholder submits the following documents to the sending insurance organization:
- an application to change the terms of the contract in terms of reducing the amount of insurance payments and returning money to the recipient Fund (hereinafter referred to as the application to change the terms of the contract) in the form approved by the internal document of the sending insurance organization;
2) a copy of the policyholder’s identity document and its original (for identification).
30. If it is impossible for the policyholder to personally apply for a change in the terms of the contract, the policyholder issues (issues) to the attorney a notarized power of attorney to apply for a change in the terms of the contract, indicating in the power of attorney the name of the sending insurance organization and the authority to sign on behalf of the policyholder an application for changing the terms of the contract.
31. In order to change the terms of the contract in terms of reducing the amount of insurance payments and returning money to the Recipient Fund, in addition to the documents specified in paragraph 29 of the Rules, the attorney additionally provides to the Recipient Fund:
- the original of the notarized power of attorney or its notarized copy, if the power of attorney contains the authority to represent the interests of the principal in several organizations simultaneously;
2) a notarized copy of the policyholder’s identity document;
3) a copy of the attorney’s identity document and its original (for identification).
32. The sending insurance organization checks the correctness of the information to be filled out in the application for changing the terms of the contract, and issues to the policyholder or attorney a receipt for the acceptance of documents in the form approved by the internal document of the sending insurance organization, indicating the full list of documents submitted and the date of their acceptance.
33. When accepting documents, the sending insurance organization provides the policyholder or attorney with a reasoned written response indicating the reasons for the impossibility of accepting and executing an application to change the terms of the contract in the following cases:
- submission of an incomplete package of documents provided for in paragraphs 29 and 31 of the Rules;
2) the invalidity of the identity document of the policyholder or attorney as of the date of filing the application to change the terms of the contract;
3) insufficient redemption amount under the pension annuity contract to change the terms of the contract in terms of reducing the amount of insurance payments and returning money to the Sending Fund on the date of filing an application to change the terms of the contract in terms of reducing the amount of insurance payments and returning money to the Sending Fund;
4) an application to change the terms of the agreement was received within a period of less than 2 (two) years from the date of conclusion of such an agreement.
34. The sending insurance organization sends a reasoned response in writing to the policyholder or attorney indicating the reasons for the impossibility of fulfilling the application to change the terms of the contract within 10 (ten) calendar days from the date of receipt of his application to change the terms of the contract in the following cases:
- discrepancy between the last name, first name, patronymic (if any), date of birth, individual identification number (hereinafter referred to as IIN) specified in the policyholder’s identity document, last name, first name, patronymic (if any), date of birth, IIN specified in the pension annuity agreement;
2) insufficiency of the redemption amount under the pension annuity contract to change the terms of the contract in terms of reducing the amount of insurance payments and returning money to the recipient Fund on the date of filing an application to change the terms of the contract;
3) non-compliance of documents submitted in accordance with paragraphs 29 and (or) 31 of these Rules with the requirements of the Code;
4) an application to change the terms of the agreement was received within a period of less than 2 (two) years from the date of conclusion of such an agreement.
A change in the redemption amount during the consideration of an application to change the terms of the agreement is not a basis for refusal to transfer the amount of money to be returned to the recipient Fund.
36. The recipient fund, within 5 (five) working days from the date of receipt from the sending insurance organization of the amount of money to be returned, transfers it to the individual pension accounts of the policyholder in the manner determined by the internal documents of the recipient fund.
Chapter 6. Procedure and terms for the exchange of data on pension annuity agreements between the insurance organization, the organization for the formation of the ESBD and the sending Fund
37. The exchange of information when concluding and terminating pension annuity agreements, making amendments and (or) additions to existing pension annuity agreements between the sending Fund and the insurance organization, between one insurance organization and another insurance organization is carried out through the organization for the formation of the Unified Insurance Policy in the manner established by the relevant agreements concluded between the insurance organization and the organization for the formation of the Unified Database Insurance, between the sending Fund and the organization for the formation of the Unified Insurance Policy.
38. Information to be exchanged between the insurance organization and the organization for the formation of the UST, between the organization for the formation of the UST and the sending Fund includes information specified in the agreements specified in paragraph 37 of these Rules, including the consent of the applicant or recipient and (or) the policyholder for the collection and processing of personal data, personal data of the insured person.
39. The insurance organization, no later than 1 (one) business day from the date of conclusion/termination with the applicant (applicants) or recipient (recipients) and (or) policyholder (policyholders) of a pension annuity agreement or an additional agreement to a pension annuity agreement, sends an electronic notification to the organization for the formation of the unified annuity system about the conclusion/termination with the applicant (applicants) or recipient (recipients) and (or) the policyholder (policyholders) of the pension annuity agreement or an additional agreement to the pension annuity agreement in the manner determined by the agreement specified in paragraph 37 of these Rules.
40. The organization for the formation of the Unified Data System on the day of receiving an electronic notification from the insurance organization in accordance with paragraph 39 of these Rules processes the information received and transmits to the sending Fund and (or) the insurance organization the corresponding electronic notification in the manner and within the time frame specified in the agreement specified in paragraph 37 of these Rules.
41. The sending fund and (or) the insurance organization processes the electronic notification received from the organization for the formation of the Unified Data System in the manner and within the time frame specified in the agreement specified in paragraph 37 of these Rules.
If the applicant (applicants) or recipient (recipients) is the person specified in subparagraph 2) of paragraph 1 of Article 220, subparagraph 2) of paragraph 1 of Article 221 of the Code, the sending fund requests from the IS "CBDI" information about whether the applicant (applicants) or recipient (recipients) has an established disability of the first or second group for an indefinite period.
If the applicant(s) or recipient(s) is the person specified in subparagraph 4) of paragraph 1 of Article 221 of the Code, the sending Fund verifies in its information system the fact of payment of mandatory professional pension contributions for a total of at least 60 (sixty) calendar months.
42. The sending fund, no later than 5 (five) working days from the date of receipt of information about the concluded pension annuity agreement with an insurance organization from the organization for the formation of the unified insurance policy, which meets the requirements of paragraph 41 of these Rules, transfers the pension savings of the applicant (applicants) or recipient (recipients) to the insurance organization.
If, on the date of transfer, the amount of pension savings formed from mandatory pension contributions and (or) mandatory professional pension contributions is insufficient, the sending Fund, with the consent of the applicant (applicants) or recipient (recipients), to transfer pension savings formed from voluntary pension contributions, and their availability in addition to the pension savings formed from mandatory pension contributions and (or) mandatory professional pension contributions, transfers the pension savings of the applicant (applicants) or recipient (recipients), formed from voluntary pension contributions.
43. The insurance organization, within 10 (ten) working days from the date of receipt of information from the organization for the formation of the unified insurance policy on the conclusion by the policyholder (policyholders) of a pension annuity agreement with a new insurance organization, meeting the requirements of paragraph 41 of these Rules, transfers the redemption amount to the new insurance organization.
44. The sending fund and (or) the insurance organization, in the manner and within the time frame specified in the agreement specified in paragraph 37 of these Rules, notifies the organization for the formation of the Unified Insurance Policy of the transfer of the insurance premium to the insurance organization or of the refusal to transfer the insurance premium to the insurance organization, indicating the reason for the refusal in the following cases:
- discrepancy between the last name, first name, patronymic (if any), date of birth, IIN of the applicant (applicants) and (or) recipient (recipients) of the policyholder (policyholders) specified in the electronic notification of the organization for the formation of the Unified Data Insurance System, last name, first name, patronymic (if any), date of birth, IIN specified in the database of the sending Fund or insurance organization;
2) non-compliance of the applicant (applicants) and (or) recipient (recipients) with the categories of persons specified in paragraph 1 of Article 207, subparagraphs 2) and 4) of paragraph 1 of Article 220, subparagraphs 2) and 4) of paragraph 1 of Article 221 of the Code;
3) if the amount of the monthly insurance payment for each insured person, according to the insurance payment schedule, is less than the amount established by the Code and valid on the date of conclusion of the pension annuity agreement;
4) if the amount of pension savings in the individual pension accounts of the applicant (applicants) and (or) recipient (recipients) for accounting for mandatory pension contributions and (or) mandatory professional pension contributions and (or) voluntary pension contributions (if any) on the date of transfer of pension savings is less than the amount of pension savings specified in the pension annuity agreement;
5) invalidity of the document certifying the identity of the applicant (applicants) and (or) recipient (recipients) and (or) policyholder (policyholders) on the date of conclusion of the pension annuity agreement or an additional agreement to the pension annuity agreement;
6) death of the person who entered into the pension annuity agreement.
45. Organization for the formation of the Unified Database System:
- when the sending Fund or an insurance organization transfers the amount of the insurance premium to the insurance organization, it changes the status of the pension annuity agreement or an additional agreement to the pension annuity agreement in the Unified Database from “not entered into force” to “entered into force”;
2) if the sending Fund or the insurance organization refuses to transfer the amount of the insurance premium to the insurance organization, it changes the status of the pension annuity agreement or an additional agreement to the pension annuity agreement in the Unified Insurance System from “not entered into force” to “refused to transfer the insurance premium” with an indication of the reason for the refusal;
3) transfers the processed information to the insurance organization in the format and terms determined by the agreement specified in paragraph 37 of these Rules.
46. The insurance organization, in writing or in another way determined by agreement of the parties to the pension annuity agreement, notifies the applicant (applicants) and (or) recipient (recipients) within 5 (five) working days:
- from the date of receipt of the insurance premium - on the receipt of the insurance premium indicating the amount of the insurance premium and the entry into force of the pension annuity agreement or an additional agreement to the pension annuity agreement;
2) from the date of receipt from the organization for the formation of the unified insurance system information about the refusal of the sending Fund or the insurance organization to transfer the insurance premium to the insurance organization, indicating the reason for the refusal.
Chapter 7. Final provisions
47. Costs associated with the transfer of pension savings (redemption amount) of the applicant (applicants) and (or) recipient (recipients) and (or) policyholder (policyholders) from the sending Fund (sender insurance organization) to the insurance organization are carried out at the expense of the sending Fund (sender insurance organization) own funds.
Expenses associated with the transfer of the amount of money to be returned to the Recipient Fund, the policyholder (policyholders) from the sending insurance organization to the Recipient Fund, are carried out at the expense of the sending insurance organization's own funds.
48. If notarial acts in terms of certifying the accuracy of a copy of a document with an original, or a power of attorney are carried out in a foreign country, then they must be legalized, except in cases where otherwise is established by international treaties ratified by the Republic of Kazakhstan.
49. Submission of documents specified in these Rules is not required if it is possible to obtain them from the information systems of government bodies, including from the digital document service.