of January 9, 2019 No. 11
About approval of the Regulations on conditions, regulations and procedure for provision of pensions of judges and members of their families
According to the Presidential decree of the Republic of Uzbekistan of July 13, 2018 the No. UP-5482 "About Measures for Further Enhancement of Judicial System of Law and Increase in Trust to Judicial Bodies" Cabinet of Ministers decides:
1. Approve Regulations on conditions, regulations and procedure for provision of pensions of judges and members of their families according to appendix.
2. To the Ministry of Finance of the Republic of Uzbekistan together with the interested ministries and departments to bring the regulatory legal acts adopted by them into accord with this resolution in a month.
3. To impose control of execution of this resolution on the deputy prime minister - the Minister of Finance of the Republic of Uzbekistan D. A. Kuchkarov.
Prime Minister of the Republic of Uzbekistan
Abdullah Aripov
Appendix
to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of January 9, 2019 No. 11
1. This Provision according to the Presidential decree of the Republic of Uzbekistan of July 13, 2018 No. UP-5482 "About Measures for Further Enhancement of Judicial System of Law and Increase in Trust to Judicial Bodies" determines conditions, regulations and procedure for provision of pensions of judges of the Constitutional court, the Supreme Court and courts of the Republic of Uzbekistan, the members of the Supreme judicial council of the Republic of Uzbekistan performing the activities on permanent basis and also members of their families.
2. In this Provision the following basic concepts are used:
the residence - the apartment house, the apartment, office premises, specialized houses (the hostel, boarding house, the special house for lonely aged, the house nursing home for persons with disability, veterans and others), and also other premises in which the physical person who addressed for award of pension constantly lives (it is registered in the place of permanent residence) as the owner, according to the employment contract (subhiring), the lease agreement or on other bases, stipulated by the legislation, and in case of lack of the place of permanent residence (registration in the place of permanent residence) - the place of temporary residence (temporary registration);
pension - monthly money payment which right is determined in accordance with the terms and the regulations established by this Provision, provided to persons in connection with occurrence of retirement age, disability or loss of the supporter;
the request for award of pension - filing of application in the Constitutional court of the Republic of Uzbekistan or Department on ensuring activity of the courts under the Supreme Court of the Republic of Uzbekistan (further - Department) about award of pension, recalculation of the size of pension, transfer from one type of pension into another, and also recovery (renewal) of payment to earlier suspended (stopped) pension in accordance with the established procedure;
length of service - the general duration of labor activity granting the right to provision of pensions according to this Provision and other acts of the legislation;
earnings - the earnings of person accepted for calculation of pension.
3. The pension entitlement according to this Provision is had:
a) on age - men on reaching 60 years and the woman on reaching 55 years in case of length of service as the judge at least 15 years;
b) on disability - persons with disability of I or II groups owing to labor mutilation, irrespective of length of service as the judge;
c) on disability owing to general disease - faces with disability of I or II groups at availability of the following length of service as the judge by day of approach of disability:
|
Age |
Length of service in judgeship |
|
from 30 to 40 years |
3 |
|
from 40 to 50 years |
7 |
|
of 50 years is also more senior |
10 |
d) on the occasion of loss of the supporter - the disabled members of the family of the died supporter consisting in its dependence. Persons specified in article 19 of the Law of the Republic of Uzbekistan "About the state provision of pensions of citizens" are among disabled family members (further - the Law).
4. The persons having length of service on judgeship and working at positions, stipulated in Item the 30th this provision irrespective of stay continuity on these positions, also have pension entitlement according to the procedure, established by the specified Item
.5. To person having at the same time pension entitlement according to this Provision and the Law one type of pension at its choice is appointed.
6. Award of pension according to this Provision is performed:
Constitutional court of the Republic of Uzbekistan - concerning person working as the judge of the Constitutional court of the Republic of Uzbekistan;
Department - concerning person working as the judge of the Supreme Court, the judge of the Supreme Economic Court of the Republic of Uzbekistan till June 1, 2017, the member of the Supreme judicial council of the Republic of Uzbekistan performing the activities on permanent basis, and also working as the judge of court (including, the general jurisdiction and economic courts till June 1, 2017).
7. Person having pension entitlement according to this Provision in case of approach of the circumstances which are the basis for receipt of pension can file petition for award of pension in the bodies specified in Item 6 of this provision.
8. If person who is granted pension is minor or incapacitated, the application is submitted by his legal representative.
9. The request for award of pension can be performed after emergence of pension entitlement, without restriction of term at any time.
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