RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of June 28, 2012 No. 184

About modification and amendments in the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of September 8, 2011 No. 252 "About approval of the regulatory legal acts directed to further enhancement of procedure for appointment and payment of national pensions" (The law of the Republic of Uzbekistan of January 5, 2012 No. ZRU-318 "About introduction of amendments to the Law of the Republic of Uzbekistan "About the state provision of pensions of citizens")

According to the Law of the Republic of Uzbekistan of January 5, 2012 "About introduction of amendments to the Law of the Republic of Uzbekistan "About the state provision of pensions of citizens" the Cabinet of Ministers decides N ZRU-318:

1. Make changes and additions to the resolution of the Office of Ministers of the Republic of Uzbekistan of September 8, 2011 N 252 "About approval of the regulatory legal acts directed to further enhancement of procedure for appointment and payment of national pensions" (the joint venture of the Republic of Uzbekistan, 2011, N 9, the Art. 75) according to appendix.

2. To the Ministry of Finance of the Republic of Uzbekistan to both the Uzbek communication agency and informatization together with other interested ministries and departments to develop and approve in accordance with the established procedure the Instruction on the organization of pension payment, benefits and other payments through the regional (regional) organizations of mail service and objects of mail service of JSC Uzbekiston pochtasi in the new edition in a month.

3. To the Ministry of Finance of the Republic of Uzbekistan together with the interested ministries and departments to bring departmental regulatory legal acts into accord with this resolution in a month.

4. To impose control of execution of this resolution on the First Deputy Prime Minister of the Republic of Uzbekistan R. S. Azimov.

 

Appendix

to the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of June 28, 2012 No. 184

Changes and additions made to the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of September 8, 2011 No. 252 "About approval of the regulatory legal acts directed to further enhancement of procedure for appointment and payment of national pensions"

1. "Actual" to exclude the word from the paragraph of third Item 1 of the resolution.

2. In Regulations on procedure for appointment and payment of national pensions (appendix N 1):

the tenth Item 2 to state the paragraph in the following edition:

"earnings - the earnings of person accepted for calculation of pension";

the paragraph one of Item 11 to add with the offer of the following content:

"Check is made in the organization or in archive, issued supporting documents. By results of check the statement in duplicate which is certified by the signature checking and the official of the organization or archive, and also seal of the organization or archive is drawn up. One copy of the act remains in the organization or in archive, the second copy - in department of the Pension fund. In the act information on the one who issues supporting documents, and about the location of documents at the time of check without fail is specified";

from paragraphs of third Items 12. and "actual" to exclude the 13th word;

in Item 14:

third to state the paragraph in the following edition:

"the documents confirming the related relations of the family member with the died supporter (the marriage certficate, the certificate on annulment of marriage, and in case of absence - the statement from civil registration, the reference of authorized organizations or officials of foreign states)";

"actual" to exclude the word from the paragraph of the seventh;

Item 32 in paragraph three to replace the floor "ask" with the word "require";

add Item 38 with the paragraph of the following content:

"The period provided in the subitem "d" of Item 35 of this provision joins in length of service taking into account observance of requirements of article 8 of the Law";

add Item 39 with the paragraph of the following content:

"The procedure for preferential calculation of length of service provided by this Item is applied to all types of the pensions granted under the Law";

add Item 46 with the paragraph of the following content:

"The procedure for calculation of length of service provided in this Item, and also in Item 44 this provision is applied in case of purpose of pensions according to the Law";

add Item 59 with the paragraph of the following content:

"At the same time in the reference data on employment, on movements on work (position) and about the termination of the employment contract with indication of the bases shall be specified. The reference is signed by the head of the organization or archive, and also the worker who prepared the reference and certified by seal of the organization or archive, issued the reference";

add Item 64 with the paragraph of the following content:

"At the same time the specified period (confirmed with the disability leaves issued by medical institutions) joins in length of service only on condition of payment of insurance premiums in the off-budget Pension fund under the Ministry of Finance of the Republic of Uzbekistan";

from Item 83, of paragraphs of the first, second, fourth and fifth Item 84, of paragraphs of the first - the fourth Item 85 and Item 86 of the word "actual", "actual", "actual" to exclude;

state Item 87 in the following edition:

"87. The periods specified in subitems "d", "e", "zh" and "z" of Item 35 of this provision and also time of passing of compulsory military service, the time spent of person for disability of I or II groups owing to labor mutilation and occupational disease without implementation of labor activity in case of determination of earnings do not join in the last ten-year period of labor activity.

If in the last ten-year period of labor activity there are periods specified in subitems "d", "e", "zh" and "z" of Item 35 of this provision and also time of passing of compulsory military service, the time spent of person for disability of I or II groups owing to labor mutilation and occupational disease without implementation of labor activity, they are subject to replacement by the previous periods specified in subitems "a", "b", "v" and "g" of Item 35 of this provision, except for to time of passing of compulsory military service, the time spent of person for disability of I or II groups owing to labor mutilation and occupational disease without implementation of labor activity";

"actual" and "actual" to exclude from Item 88 of the word;

state Item 89 in the following edition:

"89. Earnings of person which became the disabled person of I or II groups, and also the died supporter who had length of service less than one month at the time of approach of disability or death are determined by division of the amount of earnings for the worked days on the number of the worked days and multiplication of the received result by quantity of the working days of this month";

"actual" to exclude the word from Items 90 and 91;

92, 93 and 94 to state Items in the following edition:

"92. At the request of the grant paid for the period the training which addressed for pension it is equated to earnings.

93. The size of earnings of busy person is determined proceeding from the amount of the paid insurance premiums of the off-budget Pension fund under the Ministry of Finance of the Republic of Uzbekistan.

94. Natural part of earnings is determined proceeding from the sizes of the assessed insurance premiums in the off-budget Pension fund under the Ministry of Finance of the Republic of Uzbekistan";

95, of paragraphs of the first and third Item 96 of the word "actual" and "actual" to exclude from Item;

the paragraph one of Item 97 to state in the following edition:

"97. Earnings for calculation of pension of the citizens of the Republic of Uzbekistan working abroad are determined proceeding from the amount of the paid insurance premiums of the off-budget Pension fund under the Ministry of Finance of the Republic of Uzbekistan";

state Item 98 in the following edition:

"Awards on monthly results, quarter, half-year, year, and also the remunerations paid following the results of the period, one-time awards by public holidays and for accomplishment of separate work types, and also other similar payments (including payments for cultivation of cocoons of silkworm and surcharge following the results of work in year to members of kolkhozes) are included earnings for month of their charge, on condition of payment of insurance premiums.

The awards (remunerations following the results of the period and surcharge following the results of work in year) paid to the worker after dismissal from work are included earnings in month in which the employment contract was stopped";

to exclude from Items 99 and 100 of the word "actual" and "actual";

in Item 101: "actual" to exclude the word;

add with the paragraph of the following content:

"If in case of award of pension on disability or on the occasion of loss of the supporter the length of service accepted for calculation of pension constitutes less than five years, average monthly earnings for calculation of pension are determined by division of total amount of the counted earnings for calendar months of work on number of these months";

102, "actual" and "actual" to exclude the 103 and 105 words from Items;

add Item 109 with paragraphs of the following content:

"At the same time the size of pension on the occasion of the loss of the supporter granted to the children who lost both parents (orphans) is determined proceeding from the general duration of years of service of both parents, that is the required years of service for award of pension and increase in pension for over required years of service are made from the general duration of years of service of both parents.

If the pension size on the occasion of the loss of the supporter estimated proceeding from years of service and earnings of one of parents is, more, than the pension size on the occasion of the loss of the supporter estimated proceeding from general years of service and earnings of both parents, then at the choice of addressed the largest size of the pension estimated proceeding from years of service and earnings of one of parents when preserving the status of the orphan is appointed";

add Item 114 with the paragraph of the following content:

"Surcharge for honorary title is made irrespective of number and the sizes of pension supplements";

state Item 115 in the following edition:

"115. In case of acceptance on accounting of pension case of person which arrived from other state, including person which was earlier disposed from the Republic of Uzbekistan regardless of the fact of receipt of pension by it in other state, the size of pension it is estimated according to requirements of the legislation existing at the time of the address about acceptance on accounting";

add Item 122 with paragraphs of the following content:

"In case of determination of pension entitlement on the occasion of loss of the supporter, the members of his family having III group of disability do not treat disabled members of the family of the died supporter.

If one of family members occupied with care of children, brothers, sisters or grandsons of the died supporter before achievement of three-year age by them is receiver of one of pension types, then at its choice only one type of pension according to article 4 of the Law is appointed.

Pension on the occasion of loss of the supporter to the child born after the death of the supporter is appointed from the date of emergence of the right to this pension in case of primary request for award of pension no later than 6 months from the date of the death of the supporter. In other cases pension is granted from the date of the address";

the paragraph one of Item 129 to state in the following edition:

"The pension size in case of incomplete years of service cannot be lower than the sizes established by the Law";

"actual" to exclude the word from Item 136 paragraph two;

add Item 137 with paragraphs of the following content:

"In case of transfer from old-age pension into disability pension the length of service and earnings acquired after award of pension on age are not considered, and average monthly earnings for calculation of disability pension are determined from the last ten years of work before earlier granted old-age pension using the conditions of calculation of earnings and length of service for pension calculation provided by the current legislation at the time of award of pension on disability.

In case of recovery of earlier granted old-age pension to person in connection with the termination of payment for one of other types of pensions, the length of service and earnings acquired after award of pension on age are not considered, and average monthly earnings for calculation of pension are determined from the last ten years of work before earlier granted old-age pension using the conditions of calculation of earnings and length of service for pension calculation provided by the current legislation at the time of recovery.

Calculation of the size of pension in case of transfer into pension on the occasion of loss of the supporter is performed with observance of conditions of article 34 of the Law, and length of service is estimated in general procedure, without application of the conditions and regulations provided by procedure for calculation of terms of length of service for purpose of pensions to workers of flight and flight-test structure (the appendix N 4 to this Provision)";

"actual" and "actual" to exclude from paragraph two of Item 142 and Item 154 of the word;

add Item 155 with paragraphs of the following content:

"In connection with the death of the second parent of the child who was granted pension on the occasion of loss of the supporter earlier recalculation of the size of pension taking into account length of service and earnings of the second supporter influencing the pension size is made using procedure for calculation of pension according to the legislation existing at the time of the request for recalculation of the size of pension.

In case of recalculation of pension in connection with submission by the pensioner of additional documents on length of service and the earnings acquired before award of pension the procedure for determination of length of service and earnings operating by the time of recalculation is applied, at the same time average monthly earnings for recalculation of pension are determined from the last ten years of work before purpose of paid pension";

in Item 159:

add with the paragraph the second the following content:

"At the same time pension payment to the pensioner working under the agreement of civil nature is made in the amount of, established by the legislation for the working pensioners";

paragraphs two and third to consider respectively paragraphs the third and fourth;

third to state the paragraph in the following edition:

"The head of the organization shall report in five-day time in the relevant department of the Pension fund which granted pension about employment of the pensioner (about the conclusion of the civil agreement), and also to provide the statement from the order on transfer for work (the copy of the civil-law agreement)";

the paragraph one of Item 161 to state in the following edition:

"In case of absence of the pensioner for carrying out the repeated re-examination made in accordance with the established procedure in case of change of the state of health and extent of restriction of life activity, in case of identification of the facts of unreasoned decision of VTEK, when checking correctness of establishment of disability and also if the decision of VTEK is passed based on false documents pension payment stops and can be resumed only from the date of when the citizen addresses in VTEK again and will be recognized as the disabled person of I or II groups";

state Item 167 in the following edition:

"167. In case of absence at the pensioner of permanent registration and availability at it only temporary registration (accounting in the place of stay in the city of Tashkent and the Tashkent region) pension is paid during effective period of temporary registration (accounting in the place of stay in the city of Tashkent and the Tashkent region). To the foreign citizen or the person without citizenship who is constantly living in the Republic of Uzbekistan, pension is paid during effective period of the residence permit";

add Item 172 with the paragraph of the following content:

"According to the court verdict in detention centers pension is not paid for the time spent of the pensioner. After release of the pensioner pension payment is resumed from the date of filing of application in department of the Pension fund";

in the paragraph the second Item 175 shall be replaced with words the word "to" "till day";

add Item 177 with the paragraph of the following content:

"The pension granted before departure on the permanent residence to the states with which the Republic of Uzbekistan signed the international pension provision agreements is paid for limits of the Republic of Uzbekistan until the end of month of the statement from the residence";

201, the word "actual" to exclude names of the appendices NN 12 and 13 from Item.

3. In Regulations on procedure for recalculation of the actual earnings accepted for calculation of pension using individual coefficients of earnings (appendix N 2):

from the name of the Provision, Items 1 - 3, paragraphs of the first and fourth Item 4, of Item 5, of paragraphs of the first and third Item 8, of the paragraph of third Item 9 and Item 11 of the word "actual", "actual" and "actual" to exclude;

state Items 12 and 13 in the following edition:

"12. The size of pension is recalculated using individual coefficient of earnings in the following cases for date of the address:

representations by the pensioner of the additional documents influencing the pension size (about length of service or earnings, etc.);

transfer from one type of pension into other type of pension;

acceptances on accounting of pension case of person which arrived from other state, including person which was earlier disposed from the Republic of Uzbekistan regardless of the fact of receipt of pension by it in other state;

registrations to person receiving pension on the occasion of loss of the supporter in connection with the death of one supporter, pension on the occasion of loss of the supporter as to the orphan in connection with the death of the second supporter.

At the same time the pension granted (counted) using individual coefficient of earnings, in case of representation by the pensioner of the additional documents influencing the pension size (about length of service or earnings, etc.) is recalculated with acceptance for basis of calculation of average monthly minimum wage, originally certain in case of purpose (recalculation) of pension, and with increase in the size of pension is pro rata according to presidential decrees of the Republic of Uzbekistan.

13. The earnings accepted for calculation of the pensions granted till October 1, 2011 are not subject to recalculation using individual coefficient of earnings in cases:

change of group of disability to disabled people of I and II groups or prolongation of payment due date of pensions by it;

changes of number of the family members receiving pension on the occasion of loss of the supporter;

establishments of the allowance and pension supplement for honorary titles;

allocations of share to the receiver of pension on the occasion of loss of the supporter;

renewals of payment of earlier suspended pensions;

moving of the pensioner on the permanent residence to other area (city) within the Republic of Uzbekistan.

At the same time the sizes of the pensions, the last time counted till October 1, 2011 are recalculated taking into account increases according to presidential decrees of the Republic of Uzbekistan";

to exclude from paragraphs of the first and second Item 14 and Item 17 of the word "actual" and "actual";

in the appendix N 2 to the Provision from the name, paragraph one and the table of Item 3 of the word "actual", "actual" and "actual" to exclude.

 

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