Unofficial translation
Footnote. The title as amended by Law of the Republic of Kazakhstan № 9-IV as of December 19, 2007 (see Art.2 for the enactment procedure).This Law is aimed at the social protection of citizens who, as of January 1, 1998, had the work record, established by this Law, of underground and opencast mining work, work with especially harmful and especially difficult working conditions or work with harmful and difficult working conditions.
Footnote. The preamble as amended by Law of the Republic of Kazakhstan № 9-IV as of December 19, 2007 (see Art.2 for the enactment procedure).Chapter 1. General provisions
Article 1. Basic concepts used in this Law
The following basic concepts are used in this Law:
1) the authorized body for granting the allowance - a territorial unit of the state body implementing the state policy in the field of social protection of the population;
2) the state special allowance (hereinafter referred to as the allowance) - a cash payment to persons who, as of January 1, 1998, had the work record, established by this Law, of underground and opencast mining work, work with especially harmful and especially difficult working conditions or work with harmful and difficult working conditions;
3) the central executive body - a state body in charge of social protection of the population, and also, within the limits provided for by the legislation of the Republic of Kazakhstan, of intersectoral coordination in this field;
4) the “Government for Citizens” State Corporation (hereinafter referred to as the State Corporation) - a legal entity established by the decision of the Government of the Republic of Kazakhstan to provide public services, services for issuing technical requirements for connecting to networks of natural monopoly entities and services of quasi-public sector entities in accordance with the legislation of the Republic of Kazakhstan, the organization of work on receiving applications for the provision of public services, services for the issuance of technical requirements for connection to the network of natural monopoly entities, services of quasi-public sector entities and issuance of their results to a service recipient based on the “one-stop” principle, and also the provision of public services in electronic form, carrying out state registration of rights to immovable property at the place of its location.
Footnote. Article 1 is in the wording of Law of the Republic of Kazakhstan № 293-V as of 17.03.2015 (to be enacted ten calendar days after its first official publication); as amended by Laws of the Republic of Kazakhstan № 408-V as of 17.11.2015 (to be enacted from 01.03.2016); № 165-VI as of 02.07.2018 (to be enacted ten calendar days after its first official publication).
Article 2. Funds for the payment of the allowance
The allowance is paid out of public funds in accordance with this Law.
Footnote. Article 2 is amended by Law of the Republic of Kazakhstan № 13 as of December 20, 2004 (to be enacted from January 1, 2005).Chapter 2. The procedure for granting and paying the allowance
Article 3. The citizens’ right to the allowance
1. Citizens of the Republic of Kazakhstan shall be entitled to receive the allowance in the manner prescribed by this Law.
2. The allowance shall be paid monthly.
3. The allowance shall be paid regardless of the salary received.
Article 4. Citizens eligible for the allowance
1. Citizens who, as of January 1, 1998, had the work record of underground and opencast mining work, work with especially harmful and especially difficult working conditions according to List N 1 of productions, works, occupations, positions and indicators approved by the Government of the Republic of Kazakhstan, are eligible for the allowance:
men - at the age of 53 and with the work record of at least 20 years, at least 10 years of which were spent doing the specified work;
women – at the age of 48 and with the work record of at least 15 years, at least 7 years 6 months of which were spent doing the specified work.
2. Citizens who, as of January 1, 1998, had the work record according to List N 2 of productions, works, occupations, positions and indicators with harmful and difficult working conditions approved by the Government of the Republic of Kazakhstan, are eligible for the allowance:
men – at the age of 58 and with the work record of at least 25 years, at least 12 years and 6 months of which were spent doing the specified work;
women - at the age of 53 and with the work record of at least 20 years, at least 10 years of which were spent doing the specified work.
2-1. The work record is calculated in accordance with the legislation of the Republic of Kazakhstan on pensions.
3. If the work record, required by this Law according to List N 2 of productions, works, occupations, positions and indicators, of work with harmful and difficult working conditions is insufficient, it is necessary to add the years of the work record of underground and opencast mining work, work with especially harmful and especially difficult working conditions according to List N 1 of productions, works, occupations, positions and indicators.
4. Citizens, who retired on preferential terms before January 1, 1998 are not eligible for the allowance.
Footnote. Article 4 is in the wording of Law of the Republic of Kazakhstan № 9-IV as of 19.12.2007 No. 9-IV (see Art.2 for the enactment procedure); as amended by Law of the Republic of Kazakhstan № 165-VI as of 02.07.2018 (to be enacted ten calendar days after its first official publication).Article 5. The procedure and term for granting the allowance
1. One can apply for the allowance at any time after the right thereto arises, without any time limit.
Moreover, the allowance is granted regardless of whether an applicant has stopped working by the time of applying for the allowance or still works.
2. A person eligible for the allowance shall submit an application for granting the allowance together with the documents, the list of which is fixed by the central executive body, to the State Corporation.
3. The term for granting allowances does not exceed eight working days of the registration of the application and all the necessary documents with the State Corporation.
4. The day of applying for granting the allowances is the day of the registration of the application and all the necessary documents with the State Corporation.
In case of refusal to grant the allowance, the authorized body for granting the allowance is obliged to provide written reasons for the refusal and return documents to the applicant.
5. The allowance shall be granted from the date of application in the manner determined by the central executive body.
Footnote. Article 5 is in the wording of Law of the Republic of Kazakhstan № 293-V as of 17.03.2015 (to be enacted ten calendar days after its first official publication); as amended by Law of the Republic of Kazakhstan № 408-V as of 17.11.2015 (to be enacted from 01.03.2016).Article 6. The amount of the allowance
1. The amount of the allowance granted to citizens who, as of January 1, 1998, had the work record according to List № 1 of productions, works, occupations, positions and indicators of underground and opencast mining work, work with especially harmful and especially difficult working conditions, shall be 9.42 the monthly calculation index.
2. The amount of the allowance granted to citizens who, as of January 1, 1998, had the work record according to List № 2 of productions, works, occupations, positions and indicators of work with harmful and difficult working conditions, shall be 8.38 the monthly calculated index.
3. When reaching the retirement age, an allowance recipient is given the right to choose between receiving the allowance in accordance with this Law or pension payments according to age in accordance with the legislation of the Republic of Kazakhstan on pensions.
Article 7. Payment of the allowances
The allowances are paid for a current month through the State Corporation to the recipients’ bank accounts. In case of the recipient’s death, the allowance shall also be paid for the month of his/her death.
In case of the recipient’s death, his/her family members or a person who organized his/her burial, is paid a lump sum for the burial equal to 15.7 the monthly calculation index.
The allowance shall be paid in the manner prescribed by the central executive body.
Footnote. Article 7 is in the wording of Law of the Republic of Kazakhstan № 180-V as of 31.03.2014 (to be enacted from 01.04.2014); as amended by Law of the Republic of Kazakhstan № 239-V as of 29.09.2014 (to be enacted ten calendar days after its first official publication); № 408-V as of 17.11.2015 (to be enacted from 01.03.2016).Chapter 3. Final provision
Article 8. The procedure for the enactment of this Law
This Law enters into force on January 1, 2000.
| President of |
| the Republic of Kazakhstan |
