Approved by the Decision of Board of the State Social Security Fund of the Azerbaijan Republic of March 17, 2006 No. 3

Provisional rules of appointment, recalculation and payment of work pensions based on the Law of the Azerbaijan Republic "About work pensions"

Bases of emergence of the rights to work pension at citizens of the Azerbaijan Republic, procedure for their realization and system of providing work pensions are installed by the Law of the Azerbaijan Republic "About work pensions".

I. General concepts

These rules are prepared based on the Law of the Azerbaijan Republic "About work pensions", consisting of 10 Chapters, 47 Articles, and the Presidential decree of the Azerbaijan Republic about application of this Law of March 6, 2006 No. 377.

1. The concepts used in Rules are enshrined in article 1 of the Law of the Azerbaijan Republic "About work pensions" (further - the Law) as the following basic concepts.

1.1. work pension - monthly money payment to citizens according to the procedure and on the conditions provided by this Law, for the purpose of compensation of the lost income of the persons having compulsory social insurance (further - insured persons), gaining the salary and other income before purpose it of work pension, or the income lost by family members in connection with the death of insured persons;

1.2. social and insurance years of service (further - insurance years of service) the set of the periods including the periods of working and other activities considered during determination of the right to work pension (on condition of payment in the State Social Security Fund of the Azerbaijan Republic of fees on compulsory national social insurance), and also other periods included by the relevant legislation in insurance years of service;

1.3. the personified accounting - the organization in individual order of registration and accounting of information necessary for providing the stipulated by the legislation rights of insured persons to social protection;

1.4. the individual account - the personal account with permanent (invariable) social insurance number opened during the accounting period on each insured person by the State Social Security Fund of the Azerbaijan Republic performing the personified accounting in system of the national social insurance;

1.5. insurance part of the individual account - the sub-account on which the fees on compulsory social insurance paid on insured persons in the proportions established by the President of the Azerbaijan Republic, and considered in case of calculation of insurance part of work pension are registered;

1.6. accumulated portion of the individual account - the sub-account on which the fees on compulsory national social insurance paid on insured persons in the proportions established by the President of the Azerbaijan Republic, considered for calculation of funded portion of work pension and also income gained from turnover of these means accumulate;

1.7. the pension capital - the amount of the means registered in insurance part of the individual account, and the means which are saved up in accumulated portion of the individual account;

1.8. basic part of work pension - being the first step of work pensions, represents the state guarantee of social protection of labor pensioners;

1.9. insurance part of work pension - being the second step of work pensions, represents the amount estimated by division of the pension capital registered in insurance part of the individual account on the number of months of the expected period of retirement benefit;

1.10. funded portion of work pension - being the third step of work pensions, represents the amount estimated by division of the pension capital which is saved up in accumulated portion of the individual account on the number of months of the expected period of retirement benefit;

1.11. the term of the expected retirement benefit - the indicator established by this Law and used for calculation of insurance and accumulative parts of work pension;

1.12. determination of work pension - superannuation, recalculation of its amount, transition from one type of work pension to another.

2. Based on article 4 of the Law there are 3 types of work pensions: a) work retirement pension; b) work pension on disability; c) work pension on the occasion of loss of the supporter. The work retirement pension and work pension on disability consist of basic, insurance and accumulative parts, and work pension on the occasion of loss of the supporter - of basic and insurance parts.

In view of the fact that this Law does not provide long-service pensions and social pensions, after the date of entry into force of the Law - 01.01.2006 these types of pensions cannot be appointed by local departments of the State Social Security Fund.

The rights of citizens which were granted the social pensions based on the legislation existing before the date of entry into force of the Law and having the right to social benefits since 01.01.2006 are performed by local authorities of the Ministry of Labour and Social Protection of the population of the Azerbaijan Republic based on the Law of the Azerbaijan Republic "About social benefits", Presidential decrees of the Azerbaijan Republic about application of this Law of February 24, 2006 No. 273 and about application of the Law of the Azerbaijan Republic "About work pensions" of March 6, 2006 No. 377.

The labor long-service pensions granted before the date of entry into force of this Law based on article 26.1 of the Law of the Azerbaijan Republic "About work pensions" (together with all allowances, compensations connected with liquidation of different privileges and other payments), are conditionally translated according to provisions of this Law (with all allowances, compensations connected with liquidation of different privileges, and other payments) without changes of their total amount, at the same time the amount received after deduction from the total amount of basic part of the work retirement pension established by this Law is determined as insurance part of work retirement pension (according to the procedure, stipulated in Item 1.1 parts VIII of these rules).

3. Persons having the right to different pensions by the legislation at their choice are granted only one pension.

II. Establishment of the right to work retirement pension

1. Based on article 7 of the Law of the man, the reached 62 years, and the women who reached 57 years having insurance years of service at least 5 years (except for persons to whom the work retirement pension was appointed about day of entry into force of this Law), have rights to work retirement pension.

2. According to Article 8.1. The law of the woman, at least 5 years which gave rise and brought up three and more children before achievement of eight-year age by them and having insurance years of service, have the right to work retirement pension with the following provisions:

the women having 3 children - on reaching 51 year;

the women having 4 children - on reaching 50 years;

the women having 5 children - on reaching 49 years;

the women having 6 children - on reaching 48 years;

the women having 7 children - on reaching 47 years;

the women having 8 children - on reaching 46 years;

the women having 9 children - on reaching 45 years;

and the women having 10 and more children - on reaching 44 years, or, irrespective of age, in the presence of 10-year insurance years of service.

Example 1. The woman of 42 years who gave rise and raised 10 children before achievement of 8 years by them has 10-year insurance years of service as of August 15, 2005. Based on article 32.1 of the Law of the Azerbaijan Republic "About work pensions" it for life appoints work retirement pension, from the date of emergence of the right to work pension based on its address, however not earlier than the date of entry into force of this Law - since 01.01.2006.

3. Based on article 8.2 of the Law of mother, at least 5 years which brought up the handicapped children to 8-year age and having insurance years of service, have rights to work retirement pension on reaching 50 years, based on Article 8.3 in case of the death of mother or in in case of annulment of marriage with mother or in case of deprivation of mother of the parent rights, the fathers who alone brought up 3rd and more children up to 8 years, without the conclusion of the following scrap, and also the fathers who adopted and alone brought up 3rd and more children up to 8 years, and also the male guardians who brought up 3rd and more children up to 8 years have rights to work retirement pension on reaching 55 years and availability of insurance years of service at least 5 years.

4. In article 9 of the Law of the Azerbaijan Republic "About work pensions" other persons having rights to work pension on favorable terms are specified:

4.1. Irrespective of the last place of employment, the insured persons occupied at underground works in special spheres of art, and also places with especially harmful and severe conditions of work (according to the list of productions, professions, positions and indicators approved by the Cabinet of Ministers of the Azerbaijan Republic): men - on reaching 57 years, the having at least 25 years of insurance years of service, from them at least 12 years 6 months of years of service at the above-stated works; women - on reaching 52 years, the having at least 20 years of insurance years of service, from them at least 10 years of years of service at the above-stated works.

4.2. The faces sore with gipofizganizm (Liliputians) and dwarfs with the broken proportions of parts of body in the presence at them at least 5 years of insurance years of service: men - on reaching 47 years; women - 42 years.

4.3. Men with insurance years of service at works of flight and flight-test structure of civil aviation at least 25 years and women with insurance years of service at least 20 years, and also men with insurance years of service at least 20 years and women - at least 15 years at the above-stated works discharged from flight office for health reasons.

4.4. The prosecutors who served in bodies of prosecutor's office at least 25 years have the right to work retirement pension.

4.5. Based on article 9.5 of the Law persons having before entry into force of this Law the complete working life at the works specified in article 9 of this Law granting pension entitlement on favorable terms pensions are granted according to the requirements established on age and years of service by earlier current legislation.

Irrespective of the last place of employment work pensions to persons occupied at underground works in special spheres of art, and also works with especially harmful and severe conditions of work, before approval of the new list of productions by the Cabinet of Ministers of the Azerbaijan Republic, professions, positions and indicators are appointed based on "The list No. 1 of the productions, works, professions, positions and indicators granting the right to work retirement pension on favorable terms to the oil industry workers occupied at underground works, works with especially harmful and especially severe conditions of work, working in the sea" and "The list No. 2 of the productions, works, professions, positions and indicators granting pension entitlement on age on favorable terms occupied at the works with harmful and severe conditions of work" approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of June 21, 1993 No. 320.

Example 2. The man who was born on April 14, 1954, having worked till 1995, 21 years have general insurance years of service. 10 years and 3 months he worked on the Baku steel plant as the steelmaker. As the citizen has 20-year general insurance years of service and from them 10 years are provided in the subitem 1030200a-17627 of Item 2 of the Section III "Metallurgical production" of the List No. 1, approved by the Cabinet of Ministers of the Azerbaijan Republic, on reaching April 14, 2006 52 years it is granted work pension according to the procedure and the amount, the established by the relevant articles of this Law from the date of emergence of the right to work retirement pension on favorable terms based on articles 9.5 and 32.1 of the Law of the Azerbaijan Republic "About work pensions" and its addresses.

Pensions to persons having the complete working life granting the right to pension on favorable terms at the works specified in Article

9.1 this Law (Item 4.1 of part II of these rules), are appointed according to the requirements established on age and years of service by earlier current legislation if these persons acquired the special and general insurance years of service required by earlier existing legislation for award of pension on favorable terms before the date of entry into force of the Law of the Azerbaijan Republic "About work pensions", i.e. 01.01.2006.

Example 3. On March 27, 2006 the 54-year-old man addressed to district department of the State Social Security Fund for award of pension on age on favorable terms based on article 9.1 of the Law in view of availability of general insurance years of service in 20 years from which 13 years and 8 months he worked in Bibieybatsky management oil and gas production as the mechanic on servicing of wells in the high sea.

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