ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 10, 2015 No. 988

About modification and amendments in some decisions of the Government of the Republic of Kazakhstan

The government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan (further - changes and amendments).

2. This resolution becomes effective since January 1, 2016, except for Item of 6 changes and amendments which becomes effective since November 24, 2014, paragraphs of the eighth, ninth, tenth, twelfth, thirteenth, fifteenth, sixteenth Item of 9 changes and amendments, the subitem 2) of Item 3 of the Section 1, of Item 7 of the Section 2 of appendix 2 to this resolution which become effective since January 1, 2018, and is subject to official publication.

The subitem 1) of Item 3 of the Section 1 of appendix 2 to this resolution is effective till January 1, 2018.

Approved by the Order of the Government of the Republic of Kazakhstan of December 10, 2015 No. 988

Changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan

1. In the order of the Government of the Republic of Kazakhstan of December 14, 2012 No. 1597 "About approval of Rules of preserving social security, all privileges and benefits in case of retirement of persons whose rights to have special ranks and class ranks, and also to wear uniform are abolished" (SAPP of the Republic of Kazakhstan, 2013, No. 4, by the Art. 66):

in Rules of preserving social security, all privileges and benefits in case of retirement of persons whose rights to have special ranks and class ranks, and also to wear uniform are abolished, approved by the specified resolution:

the second item 4 to state part in the following edition:

"Persons whose rights to have special ranks and class ranks, and also to wear uniform are abolished are appointed to the positions of the corresponding category for administrative government or civil servants provided by the register of positions of administrative government employees on the categories approved by the President of the Republic of Kazakhstan, the register of positions of civil servants approved by authorized state bodies of the corresponding fields of activity in coordination with authorized state body on work.";

5) of Item 5 to state the subitem in the following edition:

"5) on medical and sanatorium attendance, including the family members living together with them, in the relevant state organizations of health care according to the procedure, determined by the legislation of the Republic of Kazakhstan;";

in Item 8:

the paragraph one to state in the following edition:

"8. To persons whose rights to have special ranks and class ranks, and also to wear uniform are abolished all privileges and benefits in case of purpose of retirement benefits remain for long service, stipulated by the legislation for law enforcement officers, the public courier service:";

1) to exclude the subitem;

2) to state the subitem in the following edition:

"2) right to retirement benefits for long service:

having period of service on military service, service in special state and law enforcement agencies, the public courier service is at least twenty five years old and the reached age corresponding to age limit of condition on law-enforcement service on the fixed special rank, the class rank at the time of abolition of the right to have special ranks and class ranks, and also to wear uniform;

having period of service on military service, service in special state and law enforcement agencies, the public courier service is at least twenty five years old dismissed on grounds of redundancy to either own desire, or discrepancy of post or the performed work owing to the state of health interfering further work;

twenty five and more years having general working life from which and six months the continuous military service, service in special state and law enforcement agencies, the public courier service, and the age corresponding to age limit of condition on law-enforcement service on the fixed special rank, the class rank at the time of abolition of the right to have the special ranks and class ranks, and also to wear uniform dismissed on grounds of redundancy to either discrepancy of post or the performed work owing to the state of health interfering further work, or reached constitutes at least twelve years;";

the paragraph one of the subitem 4) to state in the following edition:

"4) in case of determination of the monetary pay considered for purpose of retirement benefits for long service and payments of lump-sum allowance, are accepted:";

9, 10 and 11 to state Items in the following edition:

"9. The monetary pay considered for purpose of retirement benefits for long service is confirmed by the reference of the established sample of the relevant financial body on the last duty station with indication of the fixed monetary pay or official pay rate on the last post on the date of dismissal from classified public or civil service.

10. Purpose of retirement benefits for long service to persons whose rights to have special ranks and class ranks, and also to wear uniform are abolished is performed on the last duty station by the relevant authorized state bodies.

11. To persons whose rights to have special ranks and class ranks, and also to wear uniform are abolished, in case of purpose of retirement benefits for long service through law enforcement agencies and the public courier service and also to members of their families the right to medical attendance and sanatorium treatment in the relevant state organizations of health care remains.";

to state part one of Item 13 in the following edition:

"13. For long service from among persons whose rights to have special ranks and class ranks, and also to wear uniform are abolished, irrespective of purpose of benefit on the occasion of loss of the supporter lump-sum allowances are paid to members of the family of the died receivers of retirement benefits: to the wife (husband) - in the amount of three-months retirement benefit for long service the supporter and on each disabled family member - in the amount of the monthly retirement benefit for long service the supporter which is paid to him by day of death.";

appendix to the specified Rules to be reworded as follows according to appendix 1 to this resolution.

2. In the order of the Government of the Republic of Kazakhstan of October 2, 2013 No. 1042 "About approval of Rules of implementation of retirement benefits from the pension accruals created at the expense of compulsory pension contributions, compulsory professional pension contributions from the single accumulation pension fund, and technique of implementation of calculation of the size of retirement benefits" (SAPP of the Republic of Kazakhstan, 2013, No. 58, the Art. 791):

The rules of implementation of retirement benefits from the pension accruals created at the expense of compulsory pension contributions, compulsory professional pension contributions from the single accumulation pension fund approved by the specified resolution to be reworded as follows according to appendix 2 to this resolution;

To be reworded as follows the technique of implementation of calculation of the size of retirement benefits approved by the specified resolution according to appendix 3 to this resolution.

3. In the order of the Government of the Republic of Kazakhstan of October 18, 2013 No. 1116 "About approval of Rules and terms of calculation, deduction (charge) and transfer of compulsory pension contributions, compulsory professional pension contributions in the single accumulation pension fund" (SAPP of the Republic of Kazakhstan, 2013, No. 60, the Art. 828):

state heading in the following edition:

"About approval of Rules and terms of calculation, deduction (charge) and transfer of compulsory pension contributions, compulsory professional pension contributions in the single accumulation pension fund and penalties on them";

state Item 1 in the following edition:

"1. Approve the enclosed Rules and terms of calculation, deduction (charge) and transfers of compulsory pension contributions, compulsory professional pension contributions in the single accumulation pension fund and penalties on them (further - Rules).";

in Rules and terms of calculation, deduction (charge) and transfer of the compulsory pension contributions, compulsory professional pension contributions in the single accumulation pension fund approved by the specified resolution:

state heading in the following edition:

"Rules and terms of calculation, deduction (charge) and transfer of compulsory pension contributions, compulsory professional pension contributions in the single accumulation pension fund and penalties on them";

state Item 1 in the following edition:

"1. These rules and terms of calculation, deduction (charge) and transfers of compulsory pension contributions, compulsory professional pension contributions in the single accumulation pension fund and penalties on them (further - Rules) are developed according to the subitem 2) of Item 1 of article 18 of the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code), article 26 of the Law of the Republic of Kazakhstan of April 25, 2003 "About compulsory social insurance", the subitem 3) of article 6 of the Law of the Republic of Kazakhstan of June 21, 2013 "About provision of pensions in the Republic of Kazakhstan" (further - the Law) and determine procedure and terms of calculation, deduction (charge) and transfer by agents on payment of compulsory pension contributions, compulsory professional pension contributions (further - agents) compulsory pension contributions, compulsory professional pension contributions in the single accumulation pension fund and penalties on them.";

in Item 3:

the fifth and sixth to exclude parts;

add with part eight of the following content:

"Compulsory pension contributions for the citizens specified in Item 2 of article 39 of the Law are subject to payment in the amount of 10 percent from the gained income, but at least 10 percent from the minimum size of the salary established for the corresponding financial year by the law on the republican budget by fee cash in the banks and (or) the organizations performing separate types of banking activities for their subsequent transfer to the individual retirement account in the single accumulation pension fund.";

in Item 5 part two:

1) to state the subitem in the following edition:

"1) for legal entities - the monthly income accepted for calculation of compulsory pension contributions shall not exceed the seventy-fivefold minimum size of the salary established for the corresponding financial year by the law on the republican budget;";

3) to state the subitem in the following edition:

"3) for lawyers, private legal executives, private notaries, professional mediators, and also individual entrepreneurs - the gained income which the income determined independently by the lawyer, the private bailiff, the private notary, professional mediator, and also the individual entrepreneur for calculation of compulsory pension contributions in the single accumulation pension fund in own favor is.

In case of lack of the income, lawyers, private bailiffs, private notaries, professional mediators, and also individual entrepreneurs have the right to pay compulsory pension contributions to the single accumulation pension fund in own favor at the rate of 10 percent from the minimum size of the salary established for the corresponding financial year by the law on the republican budget;";

add with the subitem 6) of the following content:

"6) for insurance company - insurance payment as the indemnification connected with loss of earnings (income).";

1) to state the subitem to part one of Item 6 in the following edition:

"1) specified in Item 3 of article 155 of the Tax Code, except for established by subitems 2) and 13) of Item 3 of article 155 of the Tax Code (regarding the lost earnings (income);";

state Item 7 in the following edition:

"7. Charges of the compulsory professional pension contributions which are subject to payment in the single accumulation pension fund are performed by agents at the expense of own means for benefit of workers borrowed at works with harmful (especially harmful) working conditions which professions are provided by the list of productions, works, professions of workers, certain Government of the Republic of Kazakhstan the stipulated in Clause 26 Laws are estimated by application of rate.";

in Item 9:

1) and 2) to state subitems in the following edition:

"1) individual entrepreneurs and legal entities, (except persons specified in subitems 2), 3), 4), 5) and 6) of this Item), private notaries, private legal executives, lawyers and professional mediators from the income paid to workers - no later than the 25th following after month of payment of the income;

2) individual entrepreneurs (except the individual entrepreneurs specified in subitems 3), 4), 5) of this Item), private notaries, private legal executives, lawyers and professional mediators in own favor - no later than the 25th following for reporting;";

add with the subitem 7) of the following content:

"7) insurance company - no later than the 25th following after month of implementation of insurance payment as the indemnification connected with loss of earnings (income).";

add with Item 14-1 of the following content:

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